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HomeMy WebLinkAbout07-25-2006 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 25, 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, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, Building & Safety Manager Chipman, City Engineer Seumalo, Information/Communications Manager Dennis, Recreation/Tourism Manager Fazzio, Planning Manager Weiner, Senior Planner Harris, Assistant Planner Resendiz, Assistant Planner Carlson, Chief of Police Fetherolf, City Treasurer Weber and Deputy City Clerk Soto. ' THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:00 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 7:00 P.M. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Alan Manee. Agenda Item Noo_ Page 1 of_ Page 2 - City Council Meeting Minutes - July 25, 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 Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis, Planning Manager Weiner, RecreationlTourism Manager Fazzio, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION None. PRESENTATION/CEREMONIALS A. Presentation - Business of the Quarter Mayor Magee called Steven and Anthony Do of Artisan Gold forward to join him at the podium. Mayor Magee noted that the City was recogl}izing Artisan Gold as their Spring 2006 Outstanding Business of the Quarter. He thanked them for all that they had done and congratulated them on the recognition. Anthony Do thanked the Mayor, City Council, LEUSD and the community. B. Presentation - City Swim Program Agenda Item No._ Page 2 of_ Page 3 - City Council Meeting Minutes - July 25, 2006 Mayor Magee called Recreation/Tourism Manager Fazzio to the podium to make her presentation. Recreation/Tourism Manager Fazzio commented on the swim program. She noted that swim lessons were full and there was an average of 50 people coming to "open swim". She noted that new lessons would start August 1 st. She noted that the cost was $35 per class. She thanked the LEUSD for their partnership with the program. Ms. Fazzio complimented the aquatic staff. She noted that Morgan Delaney was the manager. She introduced members of the aquatic staff that were in he audience. C. Chamber of Commerce Update Mayor Magee called Chamber of Commerce President Kim Cousins forward to make his presentation. Mr. Cousins commented that they had 75 new members since the New Year. He noted that their web site had 3,500 visitors. He noted scheduled upcoming events. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Mayor Magee called Pete Dawson to the podium. Mr. Dawson indicated that he would like to wait for an opportunity at the end of the meeting to speak for 3 minutes. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - June 13, 2006. Agenda Item Noo_ Page 3 of_ Page 4 - City Council Meeting Minutes - July 25, 2006 b. Joint City Council/Redevelopment Agency Study Session - June 27, 2006. c. City Council Meeting - June 27, 2006. d. Joint City Council/Redevelopment Agency Study Session - July 11, 2006. e. City Council Meeting - July 11, 006. 2. Ratified Warrant List for June 30, 2006. 3. Rejected claim against the City. 4. Waived formal-bidding process and authorized the City Manager to sign and issue a purchase order to Dell Computer, Inc'. for replacing obsolete computer equipment. 5. Approved Engineer's report for Annexation No. 13 (Wasson Canyon) into LLMD No.1. Adopted Resolution No. 2006-102, Resoluti<;m of Intention to Annex into LLMD No.1 and schedule the public hearing on the District formation for August 22, 2006. 6. Adopted Resolution No. 2006-103 confirming the special tax rates for CFD 88-3. Adopted Resolution No. 2006-104 confirming the special tax rates for CFD 95-1. Adopted Resolution No. 2006-105 confirming the special tax rates for CFD 98-1. Adopted Resolution No. 2006-106 confirming the special tax rates for CFD 2003-1. Adopted Resolution No. 2006-107 confirming the special tax rates for CFD 2003-2. Agenda Item No,_ Page 4 of_ Page 5 - City Council Meeting Minutes - July 25, 2006 Adopted Resolution No. 2006-108 confirming the special tax rates for CFD 2004-3. Adopted Resolution No. 2006-109 confirming the special tax rates for CFD 2005-1. Adopted Resolution No. 2006-110 confirming the special tax rates for CFD 2005-2. Adopted Resolution No. 2006-111 confirming the special tax rates for CFD 2005-4. Adopted Resolution No. 2006-112 confirming the special tax rates for CFD 2005-5. Adopted Resolution No. 2006-113 confirming the special tax rates for CFD 2005-6. Adopted Resolution No. 2006-114 confirming the special tax rates for CFD 2006-1. Adopted Resolution No. 2006-115 confirming the special tax rates for CFD 2006-2. Adopted Resolution No. 2006-116 confirming the special tax rates for CFD 2006-3. , 7. Adopted LLMD No.1 Operating Budget for fiscal years 2006-07 and 2007- 08. 8. Approved a new Engineer Inspector classification with a related compensation grade of 59 and approved a new compensation grade of 52 for the Engineer-NPDES Coordinator classification. 9. Approved the purchase of the motorcycle and an exemption to the bid process. 10. Authorized the City Manager to initiate a Purchase Order with ESRI Software and execute the license agreement for renewal of term per Agenda Item Noo_ Page 5 of_ Page 6 - City Council Meeting Minutes - July 25, 2006 Maintenance Quote number 25201966. 11. Authorized the City Manager to approve an agreement with HDR Engineering Inc. to prepare CEQA compliance documents for Specific Plan No. 2006-02 in the amount of$III,187. 12. Rejected all bids from the bid opening and directed the Engineering Division to implement feasible cost savings and re-advertise the project for bidding. PUBLIC HEARINGS 21. Formation ofCFD 2006-4 (Tract Nos. 30698 & 32129); calling a special election; canvassing election results; authorizing levy of special taxes. 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 filed in the City Clerk's office. Mayor Magee opened the public hearing at 7:10 p.m. Administrative Services Director Pressey commented on the item. He noted that the applicant filed an application with the City for a CFD to be formed. He noted that the public hearing was to formalize the formation process. He noted the average special tax for the district was $3,100. 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. 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 :14 p.m. Agenda Item Noo_ Page 6 of_ Page 7 - City Council Meeting Minutes - July 25, 2006 MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-117 APPROVING THE FORMATION OF THE DISTRICT. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-118 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 BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-119 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1185. ORDINANCE NO. 1185 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: ,BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Agenda Item Noo_ Page? of_ Page 8 - City Council Meeting Minutes - July 25, 2006 22. Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore CFD No. 2003-1. 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 filed in the City Clerk's office. Mayor Magee opened the public hearing at 7: 17 p.m. Administrative Services Director Pressey commented on the item. He noted that item the was the 19th annexation into the Police, Fire and Paramedic Services Maintenance CFD. He noted that the development included 100 single- family residences. 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. Mayor Magee closed the public hearing at 7 :,19 p.m. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-120 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-121 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 ann~)Unced that two-thirds of the votes cast were in favor. Agenda Item Noo_ Page 8 of_ Page 9 - City Council Meeting Minutes - July 25, 2006 , MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-122 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1186. ORDINANCE NO. 1186 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. 19 (TRACT 31957) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: ,BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 23. Resolution to approve placing delinquent refuse bills on FY 2006-2007 tax roll. Recreation/Tourism Manager noted that an exclusive franchise agreement to provide solid waste collection and recycling services in the City was awarded to CR&R. She noted that there are a number of delinquent accounts. She noted that in 1996 the Council approved collections via the tax rolls permanently for accounts whose payments were delinquent at a minimum of 120 days past due. She noted staffs recommendation. Agenda Item No,_ Page 9 of_ Page 10 - City Council Meeting Minutes - July 25, 2006 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-123 WHICH ASSURES THE PERMANENT COLLECTION OF ALL 120-DAY DELINQUENT RESIDENTIAL ACCOUNTS AS OF JULY 1,2006 THROUGH THE PROPERTY TAX ROLLS. 24. Citywide Lighting and Landscaping Maintenance District and the Landscape and Lighting Maintenance District No.1 for the fiscal year 2006-07. Administrative Services Director Pressey commented on the item. He noted that Dennis Anderson prepared the Engineer's Report and was available for any questions. Mayor Magee opened the public hearing at 7 :24 p.m. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-124 SETTING THE FISCAL YEAR 2006-07 BENEFIT ASSESSMENT FOR THE CITYWIDE LLMD. ' MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-125 CONFIRMING A DIAGRAM AND ASSESSMENT; AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2006-07. APPEALS 25. Consideration of an appeal of a Planning Commission decision to deny Conditional Use Permit No. 2005-23 and Commercial Design Review No. 2005-10 for the project known as "7-Eleven convenience store and gasoline dispensing establishment". Mayor Magee opened the public hearing at 7:25 p.m. Community Development Director Preisendanz commented on the item. He noted that the Planning Commission denied the CUP and Commercial Design Review. He noted that the applicant had filed an appeal of the Planning Commission's decision. ' Agenda Item Noo_ Page 10 of_ Page 11- City Council Meeting Minutes - July 25, 2006 Mr. Preisendanz noted that there was an issue of over concentration in regard to the number of licenses for the sale of alcohol in the area. He noted that the Chief of Police had written a letter that he was not in support of the project. He further noted that the applicant had met with the Chief of Police. Planning Manager Weiner commented that the main issue with staff regarding the project had to do with a concern with the appearance of the project on the comer. He commented on the shift of the building. He noted that some of the requested enhancements had been incorporated. He noted that staff felt that more could be done to help the appearance of the building. Peter Whittingham, Curt Pringle & Associates, gave a presentation to Council. He commented that they were presenting the original site plan. He noted that they worked with staff as much as they could in regard to architecture. He noted that beer and wine represented less than 5% of the total products offered. Mr. Whittingham noted that they gave 36 voluntary Conditions of Approval to Chief of Police Fetherolf. He noted that the voluntary conditions placed very severe restraints on the sale of beer and wine. Mr. Whittingham commented on a state of the art video recording system that would be installed as part of the volunta~ Conditions of Approval. Mr. Whittingham noted that they would greatly appreciate Council's consideration and the reversal of the Planning Commission's decision. Michael O'Neal, Planning Commission, noted that the Planning Commission unanimously concurred with staff s recommendation to deny the CUP and Commercial Design Review. He noted that there were enough establishments in the area that were selling alcohol. He noted that the design of the building was weak. He noted that a restaurant would better serve the City at that site location. He clarified that he was speaking for himself and not for the entire Planning Commission. Councilmember Buckley inquired how many feet below the grade the project would be placed. Agenda Item Noo_ Page 11 of_ Page 12 - City Council Meeting Minutes - July 25, 2006 Community Development Director Preisendanz indicated that it would be about 8 feet below the grade. Councilmember Buckley inquired on the 7-Eleven location in Murrieta. Mr. Daigle clarified the location of the 7-Eleven in Murrieta. Councilmember Buckley commented on page 17 of 24. He inquired who would monitor quarterly sales of alcoholic beverages. Mr. Whittingham noted that item was a draft condition. Councilmember Buckley inquired if 7- Eleven could submit quarterly reports to the City and if random audits could be conducted by the City and paid for by 7-Eleven. Mayor Pro Tern Schiffner commented on alcohol sales. He inquired if it was considered that Walgreens would be located next door. Mr. Whittingham indicated that Walgreens did not carry or sell alcohol. Mayor Pro Tern Schiffner inquired what other uses would be allowed for that project site that did not require Council's approval. Community Development Director Preisendanz commented that most of the uses would require Council's approval. He noted that a retail building or restaurant would be permitted uses. Mayor Pro Tern Schiffner commented on the concerns of the Chief of Police. Chief of Police Fetherolf commented that his opposition was in regard to the over concentration of alcohol for that census tract. He noted that after viewing the census tract, he realized that it was very broad. He noted that his concerns were reduced. He commented on "beer runs" and noted that they were felonies and increased the City's crime rate. Agenda Item Noo_ Page 12 of_ Page 13 - City Council Meeting Minutes - July 25, 2006 Chief of Police Fetherolf commented on the site plan. He recommended, from a security point-of-view, that the building be situated where the windows face diagonal to the comer. Councilmember Hickman inquired if the Chief of Police would approve placing a 7-Eleven at that site. Chief of Police Fetherolf noted that the site could be better utilized with a restaurant as opposed to a gas station or convenience store. Councilmember Kelley commented on the census of the track. She further commented on the businesses located on the other side of the freeway that sold alcohol. She noted the high crime rate ip that area. Community Development Director Preisendanz commented on the design issues and goals that staff was trying to achieve. He noted that the letter received from the Chief of Police weighed heavy with staff and the Planning Commission. He indicated that staff was willing to work with the applicant in regard to the orientation of the building. Councilmember Kelley noted that she had met with the applicant and stressed that public safety was her utmost concern. She commented on the businesses located on the other side of the freeway that sold alcohol. She noted that she would uphold the Planning Commission's denial. Mayor Pro Tern Schiffner commented that this was not the best use for the comer. He suggested having the item go back to the Planning Commission. Councilmember Buckley concurred with Councilmember Kelley's comments regarding businesses that sold alcohol on the other side of the freeway. He noted that the entrance comer had to be enhanced. Councilmember Buckley noted that he woul~ be inclined to send the CUP and Commercial Design Review back to the Planning Commission if the project was significantly enhanced. Councilmember Buckley inquired if the CUP could be overturned and the Commercial Design Review sent back. Agenda Item No,_ Page 13 of_ Page 14 - City Council Meeting Minutes - July ~5, 2006 City Attorney Leibold noted that the Planning Commission's action on the CUP is final unless it is appealed. She noted that Council could uphold the Planning Commission's denial, approve the CUP by granting the applicant's appeal or continue the CUP. MOVED BY BUCKLEY TO CONTINUE RESOLUTION 2006-126 DENYING CONDITIONAL USE PERMIT NO. 2005-23 AND SEND RESOLUTION 2006-127 DENYING COMMERCIAL DESIGN REVIEW NO. 2005-10 TO THE PLANNING COMMISSION WITH THE FOLLOWING CONDITIONS 1) THE CHIEF OF POLICE AND/OR THE PUBLIC SAFETY ADVISORY COMMISSION CONSULT THE NEW DESIGN OF THE BUILDING, 2) THE LANDSCAPING THROUGHOUT THE SITE BE ENHANCED; ESPECIALLY THE ENTRANCE CORNER, 3) THE ARCHITECTURE OF THE BUILDING BE ENHANCED TO THE SATISFICATION OF THE PLANNING COMMISSION, 4) CONSIDER REORIENTATION OF THE BUILDING BY 90 DEGREES, 5) THAT THE PLANNING COMMISSION AND STAFF REVIEW THE 36 CONDITIONS OF APPROVAL PROPOSED BY 7-ELEVEN ~O MAKE THEM AS STRICT AS POSSIBLE AND 6) THAT 7-ELEVEN AGREE TO OCCASSIONAL INDEPENDENT AUDITS BY THE CITY TO ENSURE THAT THEY ARE NOT GOING OVER THEIR 20%) QUARTERLY LIMIT. Mayor Magee commented that Glen Daigle and Oak Grove Equities had been a good development partner in the City; He noted that the applicant had worked very hard with staff and the City's police staff in regard to building elevations and building orientation. He noted the efforts of the applicant in order to move the project forward. He noted that the project area was a great location. He commented that a permit for the 7-Eleven establishment was a discretionary approval by the decision makers elected by the community. He noted that staffhad not encouraged for the project to move forward, pushing forward the policies of Council to continue to raise the bar and to look for a different type of development. He noted that he did not believe that the 7-Eleven establishment was the right use at that particular site location. He noted that he felt that Council had an obligation to set the bar different and support the recommendation of the planning staff and Planning Commissioners. He noted that he was not able to support Councilmember Buckley's motion. Agenda Item No._ Page 14 of_ Page 15 - City Council Meeting Minutes - July 25, 2006 Councilmember Kelley commented that the decision on the CUP needed to be decided that evening. Mr. Daigle commented that they had a hard CC & R limit of 5,500 square feet. He noted that an establishment like 7-Eleven was adequate for the size lot that they had to work with. Councilmember Buckley commented that it would be a good idea to enhance the entrance to the project. He inquired if Denny's was a better use than a 7- Eleven. THE FOREGOING MOTION DIED FOR LACK OF A SECOND. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION 2006-126 DENYING CONDITIONAL USE PERMIT NO. 2005-23. City Attorney Leibold commented that the Resolution articulates, in section 2, each of the findings that were necessary to support a CUP. THE FOREGOING MOTION CARRIED BY A VOTE OF 4-1 WITH BUCKLEY CASTING THE DISSENTING VOTE. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-127 DENYING COMMERCIAL DESIGN REVIEW NO. 2005-10. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1184 - Amending and restating Chapter 9.42 of the Lake Elsinore Municipal Code regarding large parties. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1184. Agenda Item No,_ Page 15 of_ Page 16 - City Council Meeting Minutes - July 25, 2006 ORDINANCE NO. 1184 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 9.42 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LARGE PARTIES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Request to reconsider Residential Design Review No. 2004-24 for a tri-Ievel duplex development. Community Development Director Preisendanz commented on the item. He noted that the item was denied by Council on June 13,2006. He noted that the applicant had submitted a request to reconsider the Residential Design Review. Philip McElhinney, applicant, thanked Coun~il for meeting with him. He requested that the Council reconsider the project at a future meeting. He commented on the amount of work that had been put into the project. He commented that he would be managing the project. He noted that he took pride in his work. Councilmember Kelley commented that she met with the applicant and understood the landscape and design. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO CONSIDER APPLICANT'S "REQUEST FOR RECONSIDERATION". Agenda Item No,_ Page 16 of_ Page 17 - City Council Meeting Minutes - July 25, 2006 Councilmember Hickman commented that the project would be a big improvement in the area. Councilmember Buckley suggested that the builder reconsider his architecture. Mayor Magee inquired if a date needed to be set. City Attorney Leibold indicated that Council could urge staff to bring it forward as soon as possible. She noted that the item needed to be noticed as a Residential Design Review. City Manager Brady noted that staff would try and bring the item back at the next meeting. THE FOREGOING MOTION CARRIED BY A VOTE OF 4-1 WITH BUCKLEY CASTING THE DISSENTING VOTE. 33. Amendment to Lake Elsinore Municipal Code, Chapter 10.12 regarding parking; repeal of Lake Elsinore Municipal Code, Chapter 10040. Information/Communications Manager Dennis commented on the item. He noted that City officials and members of the public had expressed concerns that R V s, trailers and boats parking on the street were increasing. Mr. Dennis noted that the PSAC had been working on the topic for over a year. He noted that a new 24-hour restriction had been put into place as opposed to the current 72-hour restriction. Mr. Dennis noted who was affected by the Ordinance. He noted the difference between properly stored and not properly stored oversized vehicles. He noted the effective date of the Ordinance would be 10/01/2006. He commented on informing the public of the new Ordinance. Ron Hewison, PSAC Chairman, commented on the work of the PSAC. He noted that HOA's were reviewed and permits were discussed. Agenda Item Noo_ Page 17 of_ Page 18 - City Council Meeting Minutes - July 25, 2006 Mr. Hewison commented on sections 10.12.025 and 10.12.130 relating to commercial vehicles. He commented on the description of commercial vehicles. Councilmember Buckley commented on the wording for a courtesy warning. He inquired about the impact of grandfathering in annexation areas. City Attorney Leibold noted that once properties were annexed into the City, they are subject to the City's Ordinances. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1187. Councilmember Hickman complimented the PSAC and Information/Communications Manager Dennis on the Ordinance. Councilmember Kelley inquired how the residents would be notified. Mr. Hewison noted that he would be meeting with Information/Communications Manager Dennis to discuss the details of notifying the public. Information/Communications Manager Dennis noted that Comcast and the City's Newsletter would serve as ways to notify the public. Mayor Pro Tern Schiffner inquired about fines. City Manager Brady noted that fines would be issued in the form of a parking citation. City Attorney Leibold commented on some items that were discussed during the earlier study session. She noted that page 7 of 13 of the staff report, section 10.12.040 of the LEMC should state "Director of Community Development" rather than "Director of Community Services". She noted that the same change should be reflected on page 8 of 13, in section 1 0.12.060. She noted that on page 9 of 13, Item "B" of section 1 0.12.120 and page 1 0 of the same section should include "which may include without limitation, the deployment ofRV pop-outs or other extensions into the public right-of-way." She noted page 10, section 10.12.130, Item "c' Agenda Item No,_ Page 18 of_ Page 19 - City Council Meeting Minutes - July 25, 2006 referencing Commercial Vehicles should cross reference "as defmed in section 10.12.025". She noted that Item "D" on the same page, "any non- motorized vehicle; such as a semi-trailer, trailer, trailer coach, motorcycle or other utility trailer" had "motorcycle" and "other utility trailer" added. City Attorney Leibold noted that the California Vehicle Code broadly defined "vehicle". MOVED BY BUCKLEY, SECONDED BY KELLEY TO AMEND THE MOTION TO INCLUDE THE CHANGES REFERENCED BY THE CITY ATTORNEY IN ORDINANCE NO. 1187. Mayor Magee thanked the PSAC for their efforts. He commented on Mr. Hewison's leadership. He noted that Counci,l recognized their efforts. Mayor Magee suggested that Code Enforcement put courtesy notices on vehicles that would be in violation before the Ordinance goes into effect. Mayor Magee noted that 357 parking tickets were issued 2 weeks ago by Code Enforcement. ORDINANCE NO. 1187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 10.40 OF THE LAKE ELSINORE MUNICIPAL CODE AND AMENDING AND RESTATING CHAPTER 10.12 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKING. Agenda Item No,_ Page 19 of_ Page 20 - City Council Meeting Minutes - July 25, 2006 UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:57 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:59 P.M. PUBLIC COMMENT Pete Dawson, 18010 Grand Avenue, commented on LEMSAR. He commented on the services they provided in the months of June and July. Brittany Thomas, 32880 Brechtel Street, noted that she attended Elsinore High School. She noted that the City was missing a Rodeo. She commented that horse property was vanishing. She requested that Council support her idea for a Rodeo, Rodeo Committee, promotion and sponsorships. She also suggested starting a Rodeo Pageant and that she be appointed Junior Ms. Rodeo Lake Elsinore Queen. She thanked Council for considering her idea. Mayor Magee directed Ms. Thomas to speak with the Chamber of Commerce. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: Agenda Item No,_ Page 20 of_ Page 21- City Council Meeting Minutes - July 25, 2006 July 29th & 30th - INT Wake board Competition July 31 st - Second session of the swim sessions August sth - Household Hazardous Waste Collection CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Commented on an upcoming meeting with Bond Counsel Rod Gunn, City Manager Brady, Administrative Services Director Pressey and Councilmember Hickman. He noted they would be speaking of bond related Issues. 2) Commented on an article in the paper and comments made by Mayor Pro Tern Schiffuer. He noted that, as the Treasurer, he will continue to protect the homeowner. He noted that some of the comments made were unnecessary. He noted that if the Treasurer position became appointed, the community would lose out. He noted that he was proud of his accomplishments as City Treasurer. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Commented on a letter Council received. She had asked City Manager Brady to investigate the subject matter of the letter. 2) Noted that Music with a View Concert Series was going to start on August 12th at McVicker Park. 3) Noted that the Boys & Girls Club of Southwest Riverside County received a Agenda Item No._ Page 21 of_ Page 22 - City Council Meeting Minutes - July 25, 2006 $190 thousand Transportation Grant which was divided up among local clubs. She noted that the Lake Elsinore Club would be able to offer a van and a bus for transportation because of the grant. Mayor Pro Tem Schiffner commented on the following: 1) Commented on Council votes made during the course of the evening. Councilmember Hickman commented on the following: 1) Gave kudos to the Sheriff s department for their services on the lake. 2) Commented on tax rebates for seniors. Councilmember Buckley commented on the following: 1) Commented that a rodeo coming back in the community would be great. Mayor Magee commented on the following: 1) Requested that staff research the design standards for the Eastlake Specific Plan and compare them to the Canyon Hills Specific Plan as it related to bridges. 2) Commented on the heat, and the importance to look after pets, children and semors. The Regular City Council Meeting was adjourned at 9:17 p.m. V?~ ROBERT E. MAGEE, CITY OF LAKE ELS Agenda Item Noo_ Page 22 of_ Page 23 - City Council Meeting Minutes - July 25, 2006 RESPECTFULLY SUBMITTED: ~tudJJ& &h MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: ~Q:?RAY' CITY CLERK CITY OF ~~ ELSINORE Agenda Item No,_ Page 23 of_