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HomeMy WebLinkAbout06-27-2006 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 27, 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: HICKMAN, KELLEY, SCHIFFNER ABSENT: COUNCILMEMBERS: BUCKLEY, MAGEE (Mayor Magee arrived at 4:23 p.m.) Also present were: City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Planning Manager Weiner, Recreation/Tourism Manager Fazzio, Chief of Police 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 Ruth Atkins. INVOCATION - MOMENT OF SILENT PRAYER Page 2 - City Council Meeting Minutes - June 27, 2006 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 Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatics Resources Director Kilroy, Planning Manager Weiner, City Engineer Seumalo, Recreationffourism Manager Fazzio, Building & Safety Manager Chipman, Chief of Police 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 Section 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 - Parks and Recreation Month Mayor Magee called Community Services Director Sapp forward to join him at the podium. Mayor Magee read and presented the Proclamation to Mr. Sapp. Mr. Sapp thanked the Mayor and Council for the Proclamation. He noted that recreation was his department's passion, love and life. He commented Agenda Item Noo_ Page_of_ Page 3 - City Council Meeting Minutes - June 27, 2006 on the City's 13 parks and the 3 parks that were out to bid. He commented that Lake Elsinore had a great parks program. Mr. Sapp introduced Maureen Foster of the Lake Elsinore Community Center. Ms. Foster introduced individuals that would be representing Lake Elsinore in the Tae Kwon Do Nationals Competition in Georgia. Ms. Foster introduced Tom Woo He noted that they were going to Junior Nationals. He introduced the students. The students performed a demonstration for the Council and the audience. B. Chamber of Commerce Update. Mayor Magee called Chamber of Commerce President Kim Cousins forward to make his presentation. Mr. Cousins commented on the Rod and Kulture Show. He noted that there were a number of cars in the show. He noted that the 2nd annual Chamber Mixer would be held Thursday, June 28th. Lastly, he noted that the U.S. Star Military Baseball Game would be held Sunday, July 2nd. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE No comments. CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - April 11, 2006. b. City Council Meeting - May 23,2006. Agenda Item Noo_ Page_of_ Page 4 - City Council Meeting Minutes - June 27, 2006 2. Ratified Warrant List for June 15,2006. 3. Received and filed Investment Report for May 2006. 4. Rejected claims against the City. 5. Approved Investment Policy. 6. Adopted Resolution No. 2006-87 approving the ER for the Citywide LLMD. Adopted Resolution No. 2006-88 declaring Council's intention to provide an Annual Levy and Collection of Assessments and setting a public hearing for July 25, 2006. Adopted Resolution No. 2006-89 approving the ER for the LLMD No.1. Adopted Resolution No. 2006-90 declaring Council's intention to provide an Annual Levy and Collection of Assessments in LLMD No.1 and schedule a public hearing for July 25, 2006. 7. Approved ER for Annexation No. 11 (Tract 31957) to LLMD No.1. Adopted Resolution No. 2006-91, Resolution of Intention to Annex into LLMD No. 1 and schedule a public hearing for August 8, 2006. 8. Approved the ER for Annexation No. 12 (Tessera) to LLMD No.1. Adopted Resolution No. 2006-92, Resolution of Intention to Annex into LLMD No. 1 and schedule a public hearing for August 8, 2006. 9. Adopted Resolution No. 2006-93, Resolution of Intention to annex property from Annexation Area No. 20 (Tessera) into CFD 2003-1 and schedule a public hearing for August 8, 2006. 10. Adopted Resolution No. 2006-94 approving the agreements listed in the staff report. Adopted Resolution No. 2006-95 establishing CFD No. 2006-6 (Tessera) and calling a public hearing for August 8, 2006. Agenda Item Noo_ Page_of_ Page 5 - City Council Meeting Minutes - June 27, 2006 Adopted Resolution No. 2006-96, Resolution of Intention to incur bonded indebtedness. 11. Approved the fiscal year end budget adjustments as provided in the report. 12. Approved agreement with Riverside County Waste Management Department for household hazardous waste. 13. Authorized the City Manager to enter into contract with the contract staff as listed in the staff report. 14. Approved Final Map No. 31792 subject to the City Engineer's acceptance and authorized the City Clerk to accept all dedications, sign the map and arrange for recordation. 15. Authorized the City Manager to enter into contract with the consultant to provide engineering services. 16. Authorized the City Manager to enter into contract with the consultant to provide inspection services. 17. Authorized the City Manager to execute the amendment to the existing agreement to include the four (4) amendments listed in the staff report. PUBLIC HEARINGS 21. Change proceedings for CFD 2004-3 (Rosetta Canyon). Mayor Magee opened the public hearing at 7:25 p.m. Administrative Services Director Pressey commented on the item. He noted that the 3 parcels would generate 60 units. He noted that the Rate and Method of Apportionment would need to be amended, but there would be no change in the per unit tax base. Mayor Magee 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 Agenda Item Noo_ Page_of_ Page 6 - City Council Meeting Minutes - June 27, 2006 publication was on file in the City Clerk's office. 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 KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-97 DETERMINING THE VALIDITY OF THE PRIOR PROCEEDINGS. Mayor Magee closed the public hearing at 7 :29 p.m. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-98 TO INCUR BONDED INDEBTEDNESS AND 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 HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-99 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1183. ORDINANCE NO. 1183 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX. Agenda Item Noo_ Page_of_ Page 7 - City Council Meeting Minutes - June 27, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUSINESS ITEMS BUCKLEY, HICKMAN, ,KELLEY, SCHIFFNER, MAGEE NONE NONE 'NONE 31. Second Reading - Ordinance No. 1182 - Authorizing the levy of a services special tax and a special tax. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1182. ORDINANCE NO. 1182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPEICAL TAX AND A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, 'MAGEE NONE NONE NONE Agenda Item No._ Page_of_ Page 8 - City Council Meeting Minutes - June 27, 2006 32. Resolution authorizing the issuance of bonds and approving bond documents for CFD No. 2003-2 (Canyon Hills) - Improvement Area B. Administrative Services Director Pressey commented on the item. He noted that Bond Counsel Dennis Anderson was present. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-100 APPROVING THE ISSUANCE OF CFD 2003-2 SPECIAL TAX BONDS (IMPROVEMENT AREA B) 2006 SERIES A, FISCAL AGENT AGREEMENT, CONTINUING DISCLOSURE AGREEMENT, PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT. 33. Resolution authorizing the issuance of bonds and approving bond documents for CFD No. 2006-2 (Viscaya). Administrative Services Director Pressey commented on the item. He noted that the average special tax was $2,648. He noted that Dennis Anderson was present if Council had any questions. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-101 APPROVING THE ISSUANCE OF CFD 2006-2 SPECIAL TAX BONDS 2006 SERIES A, FISCAL AGENT AGREEMENT, CONTINUING DISCLOSURE AGREEMENT, PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT. 34. Agreement to form the Lake Elsinore and Canyon Lake TMDL Task Force. Lake & Aquatic Resources Director Kilroy gave a presentation on the item. He noted the nutrient TMDL program mandates a series of implementation tasks to be performed by named watershed stakeholders to monitor, study and employ measures to restore the beneficial uses of the two impaired water bodies. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO APPROVE THE AGREEMENT AND ASSOCIATED BUDGET, AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT AND APPOINT LAKE & AQUATIC RESOURCES DIRECTOR KILROY AS THE CITY'S Agenda Item No._ Page_of_ Page 9 - City Council Meeting Minutes - June 27, 2006 PRIMARY REPRESENTATIVE AND CITY MANAGER BRADY AS THE AL TERNATE TO THE TASK FORCE. Councilmember Kelley congratulated Lake & Aquatic Resources Director Kilroy. She noted that Mr. Kilroy had a lofty goal ahead of him. She noted that it was time for the City to take a watershed approach to the nutrient level in the lake. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 35. Operation & Maintenance Agreement for the Diffused Aeration System and Grant of Easement. Lake & Aquatic Resources Director Kilroy commented on the item. He noted that LESJW A created a diffused aeration system. He noted that EVMWD would act as the lead agency and would be operating the system. He noted that the one-time capital cost would be shared equally. He indicated that the system would not be operational until Spring of2007. Councilmember Buckley inquired if the agreement was for joint ownership. Lake & Aquatic Resources Director Kilroy noted that EVMWD would own the system. Councilmember Buckley inquired if the City would have a say so on the transfer of ownership. Lake & Aquatic Resources Director Kilroy noted that the City would have a say so in the transfer of ownership. Councilmember Kelley requested clarification on what the visual impact would be. She inquired if the residents would hear the noise. Lake & Aquatic Resources Director Kilroy noted that only a pump house would be visible. He noted that a noise study was performed and noise mufflers would go on the systems. Councilmember Hickman inquired how far out the system would be in the lake. Agenda Item Noo_ Page_of_ Page 10 - City Council Meeting Minutes - June 27, 2006 Lake & Aquatic Resources Director Kilroy noted that the systems would go out 1,500 to 2,00 feet. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE AGREEMENT, AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT, APPROVE THE GRANT OF EASEMENT TO EVMWD AND AUTHORIZE THE MAYOR TO EXECUTE THE DOCUMENT. 36. Joint Powers Agreement with Lake Elsinore Unified School District (LEUSD) for use of Lakeside High School swimming pool and Aquatic staff job titles and salary classifications. Community Services Director Sapp commented on the item. He noted that the agreement was for 25 years. He noted that the positions were needed to run the program. He commented on the fiscal impact of the program. Lastly, he noted that the LEUSD approved t~e agreement last Thursday. Mayor Pro Tern Schiffner commented that the program was a great idea. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE THE JPA WITH LEUSD AND AUTHORIZE THE CLASSIFICATIONS AND SALARY RANGES AS PROVIDED FOR OPERATION OF THE AQUATIC PROGRAMS. Councilmember Hickman commented that he was concerned about the kids. He noted that there should be a charge to utilize the pool. He indicated that he spoke to Dave Stahovich of Supervisor Buster's office. He noted that the County would be contributing $10 thousand a year to the program. MAYOR PRO TEM SCHIFFNER MADE THE' FOLLOWING AMENDED MOTION. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE THE JPA WITH LEUSD AND AUTHORIZE THE CLASSIFICATIONS AND SALARY RANGES AS PROVIDED FOR OPERATION OF THE AQUATIC PROGRAM AND AUTHORIZE THE 2006-07 BUDGET ADJUSTMENT TO INCREASE REVENUE EXPENDITURES IN THE COMMUNITY SERVICES DIVISION BY $15,600. Agenda Item No._ Page_of_ Page 11- City Council Meeting Minutes - June 27, 2006 Mayor Magee noted that the item could be brought back to Council as a Consent Item once the County approves the contribution. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:57 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 7:59 P.M. PUBLIC COMMENTS No comments. CITY MANAGER COMMENTS Administrative Services Director Pressey commented on the following: 1) Announced the following upcoming events: July 1st - Household Hazardous Waste Collection July 4th - Boat Parade & Firework Display . CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Wished everyone a happy and safe 4th of July. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Commented on the 7 bond issues. He noted the newspaper article regarding Agenda Item No,_ Page_of_ Page 12 - City Council Meeting Minutes - June 27, 2006 abuse of builder fees. He noted that DIF was used to balance the budget. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Wished everyone a happy 4th of July. Mayor Pro Tern Schiffner commented on the following: 1) Wished everyone a happy 4th of July. Councilmember Hickman commented on the following: 1) Commented on the Chamber of Commerce reverse raffle. 2) Wished everyone a happy 4th of July. 3) Noted that the pool would open July 10th. 4) Noted that Senior's property tax and rental rebates start the 1 st of July. Councilmember Buckley commented on the following: 1) Commented on the size of the agenda. He suggested going to a paperless system. 2) He noted that using DIF fees to balance an ongoing budget was inappropriate. He noted that there was a difference in Developer Agreement F ess and Developer Impact Fees. Mayor Magee commented on the following: 1) Recognized the efforts of staff. He noted that there was a program called Assembly Bill 821 for Pedestrian and Bicycle Infrastructure Matching Funds. He noted that through the efforts of City staff and the County Transportation Commission, City Engineer Seumalo and Associate Civil Engineer Solomon secured several different projects with matching funds Agenda Item No._ Page_of_ Page 13 - City Council Meeting Minutes - June 27, 2006 that totaled over $200 thousand. The Regular City Council Meeting was adjourned at 8:09 p.m. p:?~ ROBERT E. M EE, MAYOR CITY OF LA E ELSINORE RESPECTFULLY SUBMITTED: 0UdtCLLP SnIG MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: ~~y, CITY CLERK CITY OF LAKE ELSINORE Agenda Item Noo_ Page_of_