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HomeMy WebLinkAbout03-14-2006-City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 14,2006 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Building & Safety Manager Chipman, RecreationlTourism Manager Fazzio, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Jason Leinen. Page 2 City Council Meeting Minutes - March 14,2006 INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Building & Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code S54956.9: (2 potential cases). B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S54956.8): Property: A.P.N. 377-040-023,024 and 025 Negotiating parties: City of Lake Elsinore and MPJ 76 Inc Under negotiation: price and terms of payment CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items a and b were discussed and there was no reportable action. Page 3 City Council Meeting Minutes - March 14,2006 PRESENTATION/CEREMONIALS A. Certificate of Recognition - VFW essay winners Mayor Magee called forward Doug Krauss and Roxanne Mobley. Mayor Magee commented that Ms. Mobley had won an essay contest held by VFW Post 1508 titled "How I demonstrate my freedom". Mr. Krauss commented that the VFW conducted an essay contest for all the young adults in the communities throughout the nation. He indicated that Ms. Mobley had won second place in the contest. He noted that the other two winners were not able to attend. Ms. Mobley recited her essay; and was presented a certificate by Mayor Magee. B. Presentation - EDC Southwestern Golf Tournament Trophy Mayor Magee called forward Diane Sessions, the Executive Director of the Economic Development Corporation of Southwest California. Mrs. Sessions commented that she was there to present the perpetual trophy to the City of Lake Elsinore. She noted the City had won the annual golf tournament two years in a row. She further recognized all the golfers that represented the City in the tournament. She indicated that the proceeds went towards supporting economic development activities throughout the region. She commended the City on its' own economic activity. She noted that next year's tournament would be held at the John Laing Golf Course. She also presented the City with a plaque that would be kept at City Hall. Mayor Magee called City Engineer Seumalo forward to accept the trophy. City Engineer Seumalo gave credit to his fellow teammates. He indicated that it was a pleasure playing for the City. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Douglas Lanphere, commented on the Comcast contract. He indicated that there needed to be a public service channel available to the citizens. Page 4 City Council Meeting Minutes - March 14, 2006 Ruth Atkins, Downtown Merchant Association, reminded the community of the Farmers Market and Street Fair on Sunday, March 26th. Loraine Watts, NAACP commented that the NAACP would be holding its annual Scholarship banquet on April 8th at the Diamond Club starting at 3 :30 p.m. She noted that all high school seniors in the area were welcome to apply. She invited the community to attend the banquet. Elnore Janes, resident, commented that she was there to provide a signed petition to the City Council opposing the motocross relocation site. She noted that she was also against the current location of the motocross park. Mayor Magee requested that a copy of the petition be given to the Planning Division so that it could be incorporated into any future staff report should an application for relocation of the motocross park is filed with the City. Donna Franson, Lake Elsinore Citizens Committee, commented that the Winter/Spring Issue's were in the mail. She noted that their next meeting would be held April 13th at 7 p.m. in the Tuscany Hills Recreation Center. She further noted that Chamber of Commerce President Kim Cousins was the guest speaker. She commented that their committee was a new member of the Chamber. She thanked Council, Commissioners, City Staff and Police Chief Fetherolf for participating in the Lake Elsinore Citizens Committee quarterly meetings. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint City Council/RedevelopmentAgency Study Session - December 13,2005. b. Regular City Council Meeting - December 13,2005. c. Joint City Council/Redevelopment Agency Study Session - January 10, 2006. d. Regular City Council Meeting - January 10,2006. Page 5 City Council Meeting Minutes - March 14,2006 e. Joint City Council/Redevelopment Agency Study Session - February 9, 2006. 2. Ratified Warrant List for February 28,2006. 3. Received and filed Investment Reports for November 2005 and December 2005. 4. Rejected the claims listed and directed the City Clerk to send letters informing claimants of this decision. 5. Accepted the Poe Street project as complete. Authorized the Mayor to sign the Notice of Completion. Authorized the City Clerk to file the Notice of Completion with the County of Riverside. 6. Authorized the City Manager to execute the contract with Katz, Okitsu & Associates and Albert Grover & Associates for on-call professional traffic engineering services. 7. Authorized the Mayor to sign the agreement to provide algaecide services to Lake Elsinore West Marina. 8. Granted the exception to the Bid Process and awarded the contract for the Stadium roofs to Larson Single Ply in the amount of$21,200. Approved the request to transfer $21,200 from "Personnel Services" to the Stadium Capital Outlay, Building and Structures (40-10) account. 9. Approved the auction sale of the equipment described in the staff report. 10. Authorized the City Manager to execute the contract with Merchants Building Maintenance Company for janitorial maintenance. 11. Authorized the City Manager to execute the agreement with the Law Offices of Raul B. Garcia for Foreclosure Legal Services. 12. Adopted Resolution No. 2006-36 approving a Funding, Construction and Acquisition Agreement for the City of Lake Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon). Page 6 City Council Meeting Minutes - March 14,2006 13. Approved the Engineer's Report for LLMD No.1 - Zone 5, Phase 2. Adopted Resolution No. 2006-37 declaring the intention to increase assessments for LLMD No.1 - Zone 5, Phase 2. Scheduled the public hearing on the assessment increase for April 11, 2006. PUBLIC HEARING 21. Tentative Parcel Map No. 33164. Community Development Director Preisendanz gave an in-depth overview of the item. He noted it was a request to subdivide property into two parcels. He noted that the item went before the Planning Commission on February 21, 2006. He further noted that the Planning Commission was recommending approval. Mayor Magee opened the Public Hearing at 7:19 p.m. Mayor Magee closed the Public Haring at 7 :20 p.m. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-38 APPROVING THE TENTATIVE PARCEL MAP NO. 33164. GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Parcel Map No. 33164, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will prompdy notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. TENTATIVE PARCEL MAP NO. 33164 2. Tentative Parcel Map No. 33164 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. Page 7 City Council Meeting Minutes - March 14,2006 3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Tide 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 10. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 11. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 12. The applicant shall pay all applicable fees including park fees. 13. The applicant shall meet all requirements of the providing electric utility company. 14. The applicant shall meet all requirements of the providing gas utility company. 15. The applicant shall meet all requirements of the providing telephone utility company. 16. A bond is required guaranteeing the removal of all trailers used during construction. Page 8 City Council Meeting Minutes - March 14, 2006 17. Prior to issuance of a certificate of occupancy, the applicant shall prepare and record CC&R's against the limited manufacturing business park requested herein. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. 18. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 19. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING 21. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 22. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 23. The Traffic Mitigation Fee is $25,150, the Drainage Fee is $4,175 (Warm Springs East District), the K-Rat Fee is $910 and the TUMF is $23,300 if building permits are obtained on/after July 1, 2004. 24. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 25. If the existing street improvements are to be modified, the existing street plans on ftle shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 26. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 27. All parcels shall have direct access to public right-of-way or be provided with a minimum 26-foot ingress and egress easement to public right-of-way with no on-street parking from the parcel boundaries to Minthorn Street by separate instrument or through map recordation. Page 9 City Council Meeting Minutes - March 14,2006 28. The 26 foot easement for access to Parcel Map 33164 must be approved by the Riverside County Fire Department prior to final map approval. 29. Riverside County Fire Department must approve easement widths and turning radii within the site prior to final map approval. 30. Provide reciprocal access easement to PM 21297. 31. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 32. Applicant shall construct public improvements or enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 33. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83- 78). 34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Yz" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 35. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 36. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 37. Provide flIe protection facilities as required in writing by Riverside County Fire. 38. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 39. Developer shall install blue reflective pavement markers in the street at all flIe hydrant locations. 40. Applicant shall submit a traffic control plan showing all traffic control devices for the project to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 41. All improvement plans and maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. Page 10 City Council Meeting Minutes - March 14,2006 42. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 43. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 44. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 45. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 46. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. 47. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 48. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 49. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 50. The site is in the Flood Zone AO, FIRM Map 0606362062F Revised August 18, 2003 and building pads shall be constructed 1 foot above existing adjacent grades. 51. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 52. Meet all requirements ofLEMC 15.68 regarding floodplain management. 53. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. 54. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 55. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. Page 11 City Council Meeting Minutes - March 14,2006 56. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 57. Ten year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 58. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 59. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 60. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide an SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 61. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 62. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 63. Parking lot and roof runoff must go through a filtering system before draining to the public maintained storm drain and or provide permeable parking lot gutters. 64. Applicant shall cause to be recorded a CC&R's with recordation of fInal map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 65. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Page 12 City Council Meeting Minutes - March 14, 2006 BUSINESS ITEMS 31. Second Reading - Ordinance No. 1170 - Authorizing the levy of a Special Tax within Annexation Area No. 17 (Summerly) annexed to said District. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1170 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 17 (SUMMERL Y) ANNEXED TO SAID DISTRICT. Councilmember Buckley noted an error in the voting of the first reading of the Ordinance. He indicated that he had voted no. ORDINANCE NO. 1170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 17 (SUMMERLY) ANNEXED TO SAID DISTRICT UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1171 - Authorizing the levy of a Services Special Tax and Special Tax. Page 13 City Council Meeting Minutes - March 14,2006 MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1171 AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND SPECIAL TAX. ORDINANCE NO. 1171 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 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: BUCKLEY 33. Second Reading - Ordinance No. 1172 - Approving Zone Change No. 2005-02. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1172 APPROVING ZONE CHANGE NO. 2005-02. ORDINANCE NO. 1172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-02 CHANGING THE ZONING DESIGNATION OF THE PARCEL(S) SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER'S 379-150-001, 002, 041, 042, 043, & 044 FROM R-E (ESTATE SINGLE-FAMILY RESIDENTIAL DISTRICT) TO R-l (SINGLE-FAMILY RESIDENTIAL DISTRICT) UNDER THE ZONING ORDINANCE Page 14 City Council Meeting Minutes - March 14,2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Second Reading - Ordinance No. 1173, Adding Chapter 17.69 to Title 17 of the Lake Elsinore Municipal Code to prohibit the establishment of medical marijuana dispensaries in the City of Lake Elsinore. David Travers, 15081 Joy Street, commented that he was not a drug addict and was in support of medical marijuana. He further commented that the State allowed for Cooperatives. Douglas Lanphere, Lake Elsinore, commented that he was in favor of medical marijuana. He commented on comments made at a previous Council meeting regarding medical marijuana. He commented on the difficulty for patients in the area to fill their prescriptions. He noted the distance they currently drive to dispensaries located in the desert cities. Mr. Lanphere commented that Police Chief Fetherolf hastily brought the item before the Council. He indicated that Police Chief Fetherolf bypassed the Public Safety Advisory Commission which took an important public input opportunity away from the patients and advocates. He noted that collectives and cooperatives could exist under the State law. He questioned where the City would permit a facility. He indicated that a comprehensive study and report addressing collectives and cooperatives should be done by staff. City Attorney Leibold commented that Council had received both a red line copy of the Ordinance showing the changes made by staff. She commented Page 15 City Council Meeting Minutes - March 14,2006 that in the first recital staff referenced both the medical marijuana program and the Compassionate Use Act. She noted that in the actual text on page 2 of 8 in the LEMC Section 17.69.010, staff only mentioned the Compassionate Use Act and not the medical marijuana program. She noted that staff would make the correction in the first section, paragraph A, and reference both sections 11362.5 and 11362.7. She noted that the provision that staff added would not conflict with State Law. She noted that this Ordinance was to prohibit the permitting of retail/store front type establishments. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1173 ADDING CHAPTER 17.69 TO TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF LAKE ELSINORE. Mayor Magee commented that nothing in the Ordinance prohibited cooperatives. ORDINANCE NO. 1173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.69 TO TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF LAKE ELSINORE Page 16 City Council Meeting Minutes - March 14,2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Request to reconsider Commercial Design Review No. 2005-06 (Canyon Creek "Summerhill" Specific Plan). City Manager Brady gave an in-depth overview of the item. He commented that Council had denied the design review on December 13,2005. He noted that Council Policy 105-A allowed for an applicant to submit a request for reconsideration to the City within 10-days. He clarified that the item before Council was a request for reconsideration and not the actual reconsideration of the project. He commented that the applicant had significant outreach with the community since the December 13th meeting. Jason Leinen, 31520 Sagecrest Drive, commented that he was not there to represent every resident in the area. He indicated that he was cautiously optimistic. He thanked Mr. Trivedi on his outreach in the community. He indicated that there had been involvement from the City leaders to facilitate the dialogue between Mr. Trivedi and the community. He commented on the recently passed ordinance preventing parking on Canyon Estates Drive. He indicated that Mr. Trivedi had committed to some of their requests, which included a 24-hour security, prohibition ofRV's and semi-trucks, a policy for boat trailers, signage to encourage customer entrance from Summerhill Drive, signage to prohibit nonresident parking on side streets and design the hotel to have a minimum degradation of views to nearby homes. He further commented that Mr. Trivedi agreed to pay a fair share of the mello-roos. He expressed his support for the project. He noted that any further support from the residents was contingent on his commitments before the next meeting. He requested assistance from staff to ensure the commitments were enduring and enforceable. Page 17 City Council Meeting Minutes - March 14,2006 David Moon, Lake Elsinore, thanked Mr. Trivedi and Mayor Magee. He noted the conditions agreed upon by Mr. Trivedi. He noted that they would like to have the conditions in place before final approval of the project. He noted that they agreed to have night security patrol and the residents were requesting a performance bond be place with the project, which guaranteed the residents that there would be security patrol. He commented on the no parking on Canyon Estates Drive. He indicated that they agreed to provide residents with a 24-hour hotline number if guests from the hotel parked on Ridgecrest Drive, Saddle Ridge Drive and Boulder Vista Drive. He commented on signage. He noted that they would like a clearly marked entrance off Summerhill Drive with signage to help alleviate traffic. He noted that they were not 100% comfortable with the hotel in their neighborhood; and they would strongly oppose any future hotels on any of the remaining lots on Summerhill Drive. He expressed that the residents were misled about the details of this project. Kim Cousins, Lake Elsinore Valley Chamber of Commerce President, commented that the Chamber Board of Directors was very interested in the project. He noted that the City was in need of hotels. Sachin Trivedi, Holiday Inn Express, commented that progress was made. He noted that he made an error by not first addressing the concerns of the residents. He noted that the conditions were fair. Mayor Magee thanked the residents of the Summerhill area. He commented that Mr. Dixon was a major part in the communication process. He noted it was through communication that all parties were able to get to this point. Councilmember Buckley suggested that if the reconsideration was approved, that Mr. Trivedi continued to meet with the residents. Councilmember Hickman suggested that all the items be placed in writing. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO RECONSIDER COMMERCIAL DESIGN REVIEW NO. 2005-06 (CANYON CREEK "SUMMERHILL" SPECIFIC PLAN) HOLIDAY INN EXPRESS WITH THE CHANGES DISCUSSED BY BOTH THE APPLICANT AND RESIDENTS AND DIRECT STAFF TO BRING THE ITEM BEFORE COUNCIL ON APRIL 18,2006. Page 18 City Council Meeting Minutes - March 14,2006 Councilmember Kelley commended the residents and Mr. Trivedi on the progress made. She noted that she was in support of the project. She expressed her concerns of misinformation in the community. Mayor Magee commented that the mello-roos issued would need to be worked out with staff. He noted that this issue set a precedent for other properties in the area yet to be developed. He noted that whether or not it could be accomplished, Mr. Trivedi had expressed a willingness to address the inconsistency between his property assessment and resident's assessment. FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. Planning Commission Appointment Process. Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an in-depth overview of the item. He noted that Commissioner Larimer had recently submitted her resignation and her last meeting date would be April 4th. He noted the resignation of Fred Francia in December. He commented on the application process. He noted staff s recommendations. Ron LaPere, 16867 Wells Street, concurred with staff recommendations. Mayor Magee indicated that he had discussed the possible appointment with Mr. Jimmy Flores. He indicated that Mr. Flores was a business owner and was raising a third generation in the community. He commented that Mr. Flores understood that it was an interim position and if he wanted to continue he would need to reapply and go through the recruitment process. Mayor Magee noted that just before the 7:00 p.m. meeting he was made aware that there were in fact two applications on file in the Clerk's Office. MOVED BY MAGEE, SECONDED BY KELLEY TO ACCEPT COMMISSIONER LARIMER'S RESIGNATION AND TO APPOINT JIMMY FLORES TO THE INTERIM PLANNING COMMISSION POSITION AND TO SELECT MAYOR PRO TEM SCHIFFNER AND COUNCILMEMBER HICKMAN SERVE AS THE SUBCOMMITTEE AND Page 19 City Council Meeting Minutes - March 14, 2006 DIRECT STAFF TO ADVERTISE FOR THE PLANNING COMMISSION POSITIONS AND ESTABLISH THE DEADLINE AS FRIDAY, APRIL 28, 2006 AND THAT APPLICATIONS CURRENTLY ON FILE WOULD BE INCLUDED IN THE PROCESS. Councilmember Buckley inquired if it would be possible to advertise Commission openings in the next Outlook. Information/Communications Manager Dennis responded that it would not be possible. Councilmember Buckley suggested purchasing space in the local newspaper. Mayor Magee suggested contacting Comcast to have the advertising placed. FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:00 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:02 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES No comments. CITY MANAGER COMMENTS 1) Announced the following upcoming events: Mar 18th Mar 18th Mar 25th Mar 26th Fine Arts for Great Kids art exhibit and entertainment Lake Elsinore Little League opening day Factory Free-style Moto X and music festival Open Air Farmers Market/Street Fair CITY ATTORNEY COMMENTS No comments. Page 20 City Council Meeting Minutes - March 14, 2006 COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Noted the Boys & Girls Club fundraiser would be held Saturday, May 20th at Diamond Stadium. She noted that there would be an advertisement. Mayor Pro Tem Schiffner commented on the following: 1) Thanked the citizens for attending the Council meeting. 2) Noted he was pleased to see the residents and the developer come to an agreement relating to Business Item No. 35. Councilmember Hickman commented on the following: 1) Commended the residents and the developer relating to Business Item No. 35. 2) Noted the John Henry Co. located off Corydon would be selling gift items on March 25th. He indicated that they were reasonably priced for baskets and ribbons, vases and gifts. He noted that they imported from China. 3) Noted Arreverdirci Roma was a new restaurant on Riverside Drive. Councilmember Buckley commented on the following: 1) Wished everyone a happy St. Patrick's Day. Page 21 City Council Meeting Minutes - March 14, 2006 Mayor Magee commented on the following: 1) Requested an update on the Home Depot improvements on Highway 74. City Manager Brady commented that there were several obstacles. He indicated that there was an old well that had to be abandoned in the right-of- way. He indicated that staff wanted the improvements completed as quickly as possible. He noted staff had been working with Home Depot to speed up the process. City Engineer Seumalo commented that his staff had been working with Home Depot. He further commented that he was assured that he would be given a schedule as soon as one was available. Mayor Magee commented that he was told by their Superintendent it would be three weeks and it had now been six weeks. City Engineer Seumalo commented that there were issues with the Edison power lines and a well that needed to be filled in. He noted that they had the proper approvals from Caltrans and everything was moving forward. 2) Requested an update on the Railroad Canyon/I -15 Interchange Improvements. City Engineer Seumalo commented that work would start on April3rd. He noted that the contractor was in the process of gathering equipment and proper personnel. 3) He commented on Mr. Lanphere's comments regarding the cable franchise negotiations. He expressed that he felt Comcast provided an exceptional amount of public service, but that did not mean one should not ask for more. He indicated that he personally sent a letter to Time Wamer and that he had asked staff to send a letter requesting Time Wamer include our local television station KZSW. He indicated that the station had local news and the reporters were mobile. He noted that he would push to have that place in the Com cast contract. Page 22 City Council Meeting Minutes - March 14,2006 4) He commented that there was an annexation request in the process at this time. He indicated that he had met with members of the Wildomar community and they had expressed a desire to speak with the Council about their efforts for city-hood. He noted that he had also spoke with George Spiliotis, Director ofLAFCO. He commented that Mr. Spiliotis had agreed to meet with the Council on March 30th and give a presentation on the LAFCO process, Wildomar's attempt for city-hood and answer questions. Councilmember Buckley commented that a presentation from both LAFCO and Wildomar Incorporation Now (WIN) was a good idea. He suggested 15 minutes for each presentation. Mayor Magee agreed. Mayor Pro Tern Schiffner noted that he would be interested in the information provided by the officials that knew the rules and the process. He did not have as much interest in the comments of the Wildomar committee. He explained that it was not the City's business. Councilmember Kelley noted that she would also like a presentation by LAFCO explaining the process. She noted the Wildomar city-hood or sphere of influence should be filtered through the General Plan Advisory Committee (GPAC). She noted the annexation and the LAFCO process were separate issues. Mayor Magee noted that the WIN committee had spoken with staff and there was a misunderstanding about the proposed sphere of influence. He indicated that he would like to end the misunderstanding and improve the communication. Councilmember Buckley clarified that there would be a presentation from LAFCO, The WIN Committee and GP AC. Mayor Magee questioned the presentation from GP AC. Councilmember Kelley indicated that she would be interested in their comments. Page 23 City Council Meeting Minutes - March 14,2006 Mayor Magee noted the GP AC was revising their time line to have something into staff by June. Mayor Magee, with concurrence of Council, agreed to schedule the meeting at 4 p.m. March 30th; and directed staff to contact the WIN Committee and notify them of the meeting, The Regular City Council Meeting was adjourne~~> 7 c ROBERT E. MAG CITY OF LAKE ATTEST: ~~RAY' CITY CLERK CITY OF LAKE ELSINORE