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HomeMy WebLinkAbout05-09-2006 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY , MAY 9, 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: KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY,HIC~ Also present were: City Manager Brady, City A~torney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Building & Safety Manager Chipman, Public Works Manager Payne 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 Information/Communications Manager Dennis. INVOCATION - MOMENT OF SILENT PRAYER Agenda Item Noo_ Page_of_ Page 2 - City Council Meeting Minutes - May 9, 2006 Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY,HIC~AN Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Public Works Manager Payne, Chief of Police Fetherolf 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 S 54956.9: (1 potential case). CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion item as listed above. She noted that item a was discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Proclamation - See America Week Mayor Magee called Chamber of Commerce President Kim Cousins forward to receive the Proclamation. Mayor Magee read and presented the Proclamation to Mr. Cousins. Mr. Cousins thanked Mayor Magee and the Council for the Proclamation. He noted that it was a privilege to represent the City. He noted that it was a pleasure to work with the City. He commented that it was very easy to promote the City of Lake Elsinore with all of its excellent opportunities and sporting events. Agenda Item No._ Page_of_ Page 3 - City Council Meeting Minutes - May 9, 2006 B. Proclamation - National Public Works Week Mayor Magee called Public Works Manager Payne forward to receive the Proclamation. Mayor Magee read and presented the Proclamation to Public Works Manager Payne. Public Works Manager Payne thanked Mayor Magee and the Council for the Proclamation. He called Community Services Director Sapp and City Engineer Seumalo to the podium to be recognized for their contribution to Public Works. He stated that National Public Works Week was celebrated nationwide to recognize the men and women who dedicate their lives to inner communities and the services of Public Works. C. Proclamation - Lake Elsinore Law Enforcement Memorial Week Mayor Magee called Chief of Police Fetherolf forward for the Proclamation. Mayor Magee noted that Law Enforcement in the community was vitally important to everyone's safety and security. Mayor Magee read and presented the Proclamation to Chief of Police Fetherolf. Chief of Police Fetherolf noted that on behalf of the 140 personnel at the Lake Elsinore Sheriff Station/Police Department, the Proclamation was appreciated. D. Presentation - American Legion Mayor Magee called Paul Espinosa of the American Legion to the podium. Mr. Espinosa thanked the Council for allowing him to make a presentation. He noted that in 1776, Thomas Paine wrote, "these are the times that try men's souls". He noted that on Monday, May 29th, he would request that everyone set aside their troubles, problems and issues and come to the Lake Elsinore Valley Cemetery to honor those who died in service for our Country . Mr. Espinosa noted that over 1 million people have died in the armed forces since the Country was founded. Mr. Espinosa noted that the VFW Post 1508; the American Legion and the Agenda Item No._ Page_of_ Page 4 - City Council Meeting Minutes - May 9, 2006 Lake Elsinore First Assembly Church had done a wonderful job to put together a wonderful Memorial Day service. Mr. Espinosa thanked Council and City staff for their support in the past and present for the Country's veterans. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ruth Atkins, 15237 Lake Trail Circle, noted that she was present to speak about Code Enforcement. She indicated that she had filed a complaint last month regarding a violation. She noted that 2 days after filing the complaint, Code Enforcement contacted her and investigated the violation. She noted that she would like to compliment Code Enforcement Officer Fred Lopez for the prompt, courteous and professional manner in which he handled the situation. CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. J oint City Council/Redevelopment Agency Study Session - April 11, 2006. b. Joint City Council/Redevelopment Agency Study Session - April 20, 2006. 2. Ratified Warrant List for April 27, 2006. 3. Received and filed Investment Report for February 2006. 4. Received and filed Investment Report for March 2006. 5. Authorized City Manager to execute the five engagement letters for audit services. 6. Approved proposed investment plan. Agenda Item Noo_ Page_of_ Page 5 - City Council Meeting Minutes - May 9, 2006 7. Authorized the City Manager to enter into contract with Charles Mackey, Engineering Consultant, for professional engineering services. 8. Approved Final Map No. 28214-5. Authorized City Clerk to accept all dedications, sign the map and arrange for the recordation. 9. Approved Final Map No. 25476. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation. 10. Authorized the City Manager to approve an agreement with Michael Brandman Associates to prepare CEQA compliance documents for TTM No. 3172 in the amount of $30,000. 11. Approved Reimbursement Agreement with the County of Riverside for roadway improvements on Machado Street. Authorized the Mayor to execute the document. PUBLIC HEARINGS 21. Formation ofCFD 2006-5 (Parks, Open Space and Storm Drain Maintenance). Mayor Magee introduced the item. Mayor Magee opened the public hearing at 7 :20 p.m. City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Ray 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 commented on the item. He noted that the Resolution of Intention was approved by Council on March 28, 2006. He noted that it was conditioned that all new residential development participate in the formation ofCFD 2006-5. Agenda Item No._ Page_of_ Page 6 - City Council Meeting Minutes - May 9, 2006 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the district formation. He also inquired if there was anyone that wished to speak at all. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-56 APPROVING THE FORMATION OF THE DISTRICT. Mayor Magee inquired if there were any property owners subject to the proposed special taxes 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 the purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7 :24 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-57 CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two-thirds of the votes cast were in favor of the propositions. City Clerk Ray tabulated the ballots and announced that two-thirds of the votes cast were in favor. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION 2006-58 ORDERING THE CANVASSING OF tHE ELECTION RESULTS. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1179. ORDINANCE NO. 1179 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. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN Agenda Item No._ Page_of_ Page 7 - City Council Meeting Minutes - May 9, 2006 MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN ABSTAIN: COUNCILMEMBERS: NONE 22. Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) - Annexation Area No. 18 (APN's 377-231-013 and 014). Mayor Magee introduced the item. Mayor Magee opened the public hearing at 7 :25 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold 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 commented on the item. He noted that the special tax would go toward the increase in cost associated with the new development for Law Enforcement, Fire and Paramedic Services. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the district formation. He also inquired if there was anyone that wished to speak at all. Agenda Item Noo_ Page_of_ Page 8 - City Council Meeting Minutes - May 9, 2006 MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-59 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. Mayor Magee inquired if there were any property owners subject to the proposed special taxes 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 the purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7 :27 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-60 CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two-thirds of the votes cast were in favor of the propositions. City Clerk Ray tabulated the ballots and announced that two-thirds of the votes cast were in favor. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-61 ORDERING THE CANVASSING OF THE ELECTION RESULTS. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE 1180. , ORDINANCE NO. 1180 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. 18 (APN'S 377- Agenda Item No._ Page_ of_ Page 9 - City Council Meeting Minutes - May 9, 2006 231-013 AND 014) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN ABSTAIN: COUNCILMEMBERS: NONE 23. Proposed Street Vacation of Flint Street. Mayor Magee introduced the item. City Manager Brady noted that it was staff s recommendation to continue the public hearing to the May 23, 2006 Council Meeting. Mayor Magee opened the public hearing at 7:29 p.m. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE ITEM NO. 23 UNTIL THE MAY 23, 2006 COUNCIL MEETING. BUSINESS ITEMS 31. Continuance of authorization to prepare CEQA compliance documents for Specific Plan Amendment, Residential Design Review No. R-2005-27, Tentative Tract Map No. 34346 and CUP 2005-26 for Mission Trail Condominium Complex (Ari Lake Elsinore LLC). Mayor Magee commented that a letter from ~he applicant had been received to continue the item. Pete Dawson, 18010 Grand Avenue, noted that he was concerned with high- density projects. He noted that high-density zoning was not appropriate or Agenda Item No,_ Page_of_ Page 10 - City Council Meeting Minutes - May 9,2006 desirable. He suggested that the developer build their project in Orange County . MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE ITEM NO. 31 TO THE JUNE 27, 2006 COUNCIL MEETING. 32. Change proceeding for CFD 2005-2 (Alberhill Ranch). Mayor Magee introduced the Item and deferred to Administrative Services Director Pressey. Administrative Services Director Pressey gave a presentation on the item. He indicated that the resolution would amend the boundary as well as the rate and method of apportionment for the CFD. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-63 APPROVING AN AMENDED BOUNDARY MAP FOR CITY OF LAKE ELSINORE CFD NO. 2005-2 AND AMENDMENT TO THE RATE AND METHOD OF APPORTIONMENT WITH RESPECT TO IMPROVEMENT AREA B AND AREA C AND TO AUTHORIZE THE RECORDING OF AMENDMENT NO.1 TO THE NOTICE OF SPECIAL TAX LIEN. 33. Second Reading - Ordinance No. 1177 - Authorizing the levy of a services special tax and special tax - CFD No. 2006-2 (Viscaya). MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1177. ORDINANCE NO. 1177 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 RELATING TO THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-2 (VISCA Y A). Agenda Item Noo_ Page_of_ Page 11- City Council Meeting Minutes - May 9, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: SCHIFFNER, KELLEY, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN ABSTAIN: COUNCILMEMBERS: NONE 34. Second Reading - Ordinance No. 1178 - Amending the Transportation Uniform Mitigation Fee Program (TUMF). MOVED BY SCHIFFNER, SECONDED BY KELLEY TO CONTINUE THE ITEM TO THE MAY 23, 2006 COUNCIL MEETING. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:34 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 7:35 P.M. PUBLIC COMMENTS No comments. CITY MANAGER COMMENTS 1) Announced the following upcoming events: . May 11 th - Community Connections Recognition Dinner at the Cultural Center. May 13th - Canyon Lake Wakeboard Competition. May 20th - Boys and Girls Club Fundraising Dinner at Diamond Stadium. May 20th - Deadline for Voter Registration for the June 6, 2006 Primary Consolidated Election. Agenda Item No._ Page_of_ Page 12 - City Council Meeting Minutes - May 9, 2006 2) Wished Councilmember Hickman well and to have a speedy recovery. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: No comments. Mayor Pro Tem Schiffner commented on the following: 1) Thanked everyone for coming. Mayor Magee commented on the following: 1) Recognized and congratulated Sergeant Cordova on his promotion. 2) Noted that Code Enforcement and the Police Department were on patrol for graffiti offenders. He noted that staffwas directed to review the existing graffiti ordinance and to work with the Public Safety Advisory Commission to increase the penalties and rewards against the perpetrators. 3) Wished Councilmember Hickman well on his recovery. Agenda Item No,_ Page_of_ Page 13 - City Council Meeting Minutes - May 9, 2006 The Regular City Council Meeting was adjourned at 7:38 p.m. /;/} / i~. . /~/.- ~~, ~. / ROBERT E. MAG , MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: JU(ikL& (frio MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: ERIC~ CITY CLERK CITY OF LAKE ELSINORE Agenda Item No._ Page_of_