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HomeMy WebLinkAbout09-13-2005 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 13, 2005 kkkkki: k~caFatkickaFkirkicnFirataFat~taFkk~tkat*x' dx'xx' kkx' dekx' a'ckkkk*>e*k>'ckkk>c>c*xkk~c CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:05 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 Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Police Lieutenant Bates, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:06 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Apenda Itcin No. Page_of Page Two - City Council Minutes - September 13, 2005 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mr. Steve Wallace. 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, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Police Lieutenant Bates, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Subdivision (b) of Gov't Code § 54956.9: (1 potential case).(F40.1) b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -(Subdivision (a) of Gov't Code § 54956.9) Kilroy et al v. City of Lake Elsinore (Riverside Co. Superior Court Case No. RIC 434832). Agenda I[em No. Page_of Page Three - City Council Minutes - September 13, 2005 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8)(F40.1) Property: A.PN. 363-020-011 Negotiating parties: South Shore Properties, LLC and City of Lake Elsinore Under negotiation: price and terms of payment d. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8)(F40.1) Property: A.P.N. 377-040-023, 024 and 025 Negotiating parties: City of Lake Elsinore and Mjp 76 Inc Under negotiation: price and terms of payment City Attomey Leibold announced the Closed Session discussion items as listed above. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in closed session regarding four items as listed on the agenda. City Attorney Leibold reported that there was no reportable action on Items a, b, c and d. PRESENTATION/CEREMONIALS A. Certificate of Appreciation. Mayor Magee called Ericka Matthies forward for the presentation. Mayor Magee commented that Ericka Matthies was a Planning Commissioner for eight years. Mayor Magee presented the certificate. Mrs. Matthies thanked the City Council for the certificate. She encouraged other residents to take an active role in the community. Agenda I[em No. Page_of Page Four - City Council Minutes - September 13, 2005 B. Proclamation. Mayor Magee called Jeffrey Western forward for the presentation. Mayor Magee read and presented the proclamation. Mr. Western thanked the City Council and noted that he has lived in the community for fourteen years; and thanked everyone that contributed to his project. C. Business of the Quarter. Mayor Magee called forward the John Morrow from Morrow Plumbing. He noted Morrow Plumbing had been in the community and the same location for almost 30 years. He commented that Morrow Plumbing had always been here to serve the citizens of Lake Elsinore. Mayor Magee presented the plaque for Business of the Quarter. Mr. Morrow thanked the City Council for the plaque. He recognized and thanked his staff for all of their hardwork. He commented that he had the best customers. D. Chamber of Commerce Update. Chamber President Cousins commended the City on the Mayor's State of the City address. He noted the positive feedback from the community. He congratulated Submarina on being the Chamber Business of the Month. He announced the upcoming Chamber events. He noted the success of the Hurricane Katrina drive hosted by Mr. Jack Martin, owner of Ink Sanity. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Community Services Director Sapp commented on the Storm play off games coming up. He encouraged the community to attend the games and support the Lake Elsinore Storm. Steve Wallace, Lake Elsinore Rotary, proposed a name change to the park on Main Street to be renamed Mayhall Park in honor of Dolores Mayhall. He noted that she was an honored member of the Lake Elsinore Rotary Club. He noted her love for Agenda I[em No. Page_of Page Five - City Council Minutes - September 13, 2005 helping children. Ken Benson, Castle & Cooke, proposed naming the sports park within Alberhill Ranch in honor of Dolores Mayhall. JJ Swanson-O'Neil, Lake Elsinore Historical Society, thanked everyone for attending the opening of their research library. She thanked Council and staff for their support to complete the museum. She ga~e a special thanks to Community Services Director Sapp who had made himself available. Ruth Atkins, Lake Elsinore Historical Society, thanked the City for their help. She also commended Community Services Director Sapp for all his assistance. Douglas Wetter, Inland Pacific California, announced the reopening of the Cinema 8 Theater. Dannell Ochey, Diamond Cinemas, commented that the theater was in the process of being remodeled. He noted that they offered free tickets to schools. He noted that they planned to open the first week in November. Paula Graver, Lake Elsinore, commented on a dog attack in a gated community. She noted that it was the second attack by this particular animal. She requested the City Council to pass an ordinance regarding aggressive animals. She noted that there was no ordinance. She also commented that she was taking donations to prepare holiday baskets for the troops. Ken Niemi, E-Team Inc, commented on County Tract Map No. 22626. He noted the property was adjacent to Highway 74 and Grand Avenue. He questioned if the City was doing anything to relieve the possible traffic issues the project would create. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Agenda Item No. Page_of Page Six - City Council Minutes - September 13, 2005 Item No. 7. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - August 9, 2005. b. Regular City Council Meeting - August 9, 2005. a City Council Study Session - August 17, 2005. d. Joint City Council/Redevelopment Agency Study Session - August 23, 2005. e. Regular City Council Meeting - August 23, 2005. 2. Ratified Warrant List for August 31, 2005.(F:123) 3. Received and filed Investment Report for July Z005.(F12.5) 4. Rejected the claims and directed the City Clerk to send letter informing the claimants of this decision.(52.2) 5. Approved disposal of surplus electronic equipment to be scrapped as e- waste.(F:49.1) 6. Rejected all bids. Directed Community Development Department to revise the scope of work to fit within the available budget constraints and readvertise the project.(F156.2) 8. Authorized Albert A. Webb and Associates to prepare the CEQA compliance documents in the amount of $36,000.(F160.1) Agenda Item No. Page_of Page Seven - City Council Minutes - September 13, 2005 9. Awarded the fabrication of four draft tubes to GSE Lining Technology in the amount of $15,590.(F164.1) ITEM PULLED FROM THE CONSENT CALENDAR 7. Approval of Final Map 31920-1 - John Laing Homes, INC.(F160.2) Councilman Buckley indicated that he pulled the item to keep his vote consistent regarding the John Laing Homes project in the back basin. MOVED BY KELLEY, SECONDED BY HICKMAN TO APPROVE FINAL MAP NO. 31920-1 AND CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DESCENDING VOTE. PUBLIC HEARINGS 21. Public Hearinp on the ~roposed street vacation of Flint Street.(F:10.1) City Manager Brady gave an overview of the item. He noted the staff recommendation. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO TABLE THE ITEM. 22. Tentative Tract Map No. 31957.(F160.2) Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He noted the tract was located west of Lake Street and east of Lincoln Street. He also noted the Planning Commission was recommending approval by the City Council. He indicated that staff was recommending two new conditions of approval and the applicant had agreed to the conditions. Agenda I[em No. Page_oF Page Eight - City Council Minutes - September 13, 2005 Condition of Approval #64 - Prior to the addition of a grading permit a determination of biologically equivalent, a superior preservation shall have been submitted and processed through the United States Fish & Wildlife Service or the California Fish & Game, as the trustee agency for the required 60-day review period as confirmed in the Multiple Species Habitat Conservation Plan (MSHCP). Condition of Approval #65 - Prior to the issuance of a grading permit the applicant should provide the City with evidence that the property identified as proposed "common ownership property conservation area" has been dedicated to the conservation in perpetuity by easement or by title transfer pursuant to the requirement of the Multiple Species Habitat Conservation Plan (MSHCP). Brian Oakes, Lake Elsinore, commented that he resided on the property directly behind the proposed development. He indicated that there was one previous meeting regarding the tract. He noted that he was concerned with the loss of the scenic view from his home. He noted that the view was discussed at the meeting. Mayor Magee requested that Mr. Preisendanz address the issue. Mr. Preisendanz noted what was being proposed to Council was a subdivision of land; and the Design Review would be brought before Council at a later date. He expressed confidence that staff, the developer and property owners would be able to come to an agreement regarding the view issue. Councilwoman Kelley commented that Rice Canyon Elementary School was impacted by the development, along with the other local elementary schools. She noted that there was a school site in the Alberhill Ranch area and there would eventually be school there. She also addressed concerns with dust issues near the school. Jason Keller, applicant, commented that Portland Development would be sensitive to the grading and dust issues and they were willing to work with the schools. He noted that they would utilize additional measures regarding dust control. Agenda It~m No. Page_of Page Nine - City Council Minutes - September 13, 2005 Brian Oakes questioned if there was a way to restrict access to that area. He commented on the dirt bikes and quads in that area. Mayor Magee clarified with City Manager Brady if the Police Department Rove Unit could be deployed. City Manager Brady indicated that he would discuss the issue with Police Chief Fetherolf. Councilman Buckley questioned if it was possible to not have grading during recess. Councilwoman Kelley commented that would be difficult. Councilman Buckley suggested allowing grading on Saturday to avoid conflict with the school. Councilman Buckley questioned if this development would pay the development impact fee. City Manager Brady confirmed. Mayor Pro Tem Schiffner commented that the conditions of approval imposed restrictions on the grading and dust control. He noted the Council would be very sensitive to this issue. Mayor Magee suggested prior to the design review, that the developer prepared a line of sight exhibits for the property owners on Avocado Street. He requested clarification that the project was conditioned to construct the extension of Lincoln, the entire length of the project and an ability to connect to the next property owner. City Manager Brady clarified. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-131, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTISPECIES HABITAT CONSERVATION PLAN (MSCHP) FOR THE PROJECT IDENTIFIED AS TENTATNE TRACT MAP NO. 31957. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-132, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-06 FOR THE PROJECT IDENTIFIED AS TENTATIVE TRACT MAP NO. 31957 Agenda Item No. Page_of Page Ten - City Council Minutes - September 13, 2005 MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-133, APPROVING TENTATIVE TRACT MAP NO. 31957, WITH THE ADDITION OF THE CONDITION NOS. 64 AND 65. 23. Public Hearing - Resolution determining the validitp of prior proceeding relatin~; to the annexation of pro e~rt~into City of Lake Elsinore Community Facilities District No. 2003-1.(F:20.2) Mayor Magee introduced the item and opened the public hearing at 7:48 p.m. and deferred to City Manager Brady. City Manager Brady ga~e an overview and explained the procedure for the item. He requested that the City Attorney announce the notice. City Attorney Leibold announced the notice. Administrative Services Director Pressey gave an in-depth overview of the item. Mayor Magee invited the public to speak on the item. Mayor Magee invited any written comments to be entered into the record. Mayor Magee closed the public hearing at 7:50 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-134, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES). MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-135, CALLING A SPECIAL ELECTION. Agenda Item No. Page_of Page Eleven - City Council Minutes - September 13, 2005 Mayor Magee directed the City Clerk to tabulate the ballots and announced that 2/3rds of the votes cast were in favor of levying a special taac. Deputy City Clerk Ray tabulated the ballots and announced that 2/3rds of the property owners were in favor. MOVED BY BUCKELY, SECONDED BY HICKMAN AND CARRIED BY A UANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-136, ORDERING THE CANVASSING OF THE ELECTION RESULTS. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE ONLY, OF ORDINANCE NO. 1162. ORDINANCE NO. 1162 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. 13 (VILLAGES AT WASSON CANYOI~ ANNEXED TO SAID DISTRICT. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE Agenda Item No. Page_of Page Twelve - City Council Minutes - September 13, 2005 24. Public Hearing - Formation of CFD 2005-2 (Alberhill Ranch)• Joint Community Facilities Agreement: call a Special Election• canvas election results; authorizing lew of Special Taxes.(F:20.2) Mayor Magee introduced the item and opened the public hearing at 7:52 p.m. and deferred to City Manager Brady. City Manager Brady ga~e an overview and explained the procedure for the item. He requested the City Clerk to announce the notice. Deputy City Clerk Ray announced the notice. Administrative Services Director Pressey ga~e an in-depth overview of the item. Mayor Magee invited the public to speak on the item. Councilman Hickman noted the item was continued from the previous Council meeting. MOVED BY HICKMAN, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2005-137, APPROVING THE JOINT COMMUNITY FACILITIES AGREEMENT AND TWO FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS. Mayor Pro Tem Schiffner noted that there was a typographical error in the staff report in reference to the bond issue. Administrative Services Director Pressey clarified it should be $90,000,000. Councilman Buckley commented on the Development Impact Fee. He noted that there would be a CFD study session on September 22nd. Mayor Magee invited any comments be entered into the record. Mayor Magee closed the public hearing at 7:59 p.m. Agenda Item No. Page_of Page Thirteen - City Council Minutes - September 13, 2005 FOREGOING MOTION CARRIED WITH UNANIMOUS VOTE. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-138, APPROVING THE FORMATION OF THE DISTRICT. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-139, TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Mayor Magee directed the City Clerk to tabulate the ballots and announced that 2/3rds of the votes cast were in favor of levying a special tax, incurring bonded indebtedness in the amount not to exceed $28,000,000, $36,000,000 and $26,000,000 for Improvement Area A, Improvement Area B and Improvement Area C respectively establishing an appropriation limit equal to the maximum amount of bond indebtedness. Deputy City Clerk Ray tabulated the ballots and announced that 2/3rds of the property owners were in favor. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-140, ORDERING THE CANVASSING OF THE ELECTION RESULTS. MOVED BY BUCKLEY, SECONDED BY ffiCKMAN AND CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE ONLY, OF ORDINANCE N0.1163. ORDINANCE NO. 1163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE Agenda Item No. Page_of Page Fourteen - City Council Minutes - September 13, 2005 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 25. Public Hearin~; - Formation of CFD 2005-6 (City Center Townhomes).(F:20.2) Mayor Magee introduced the item and opened the public hearing at 8:01 p.m. and deferred to City Manager Brady. City Manager Brady gave an overview and explained the procedure for the item. He requested the Clerk to announce the notice. Deputy City Clerk Ray announced the notice. Administrative Services Director Pressey gave an in-depth overview of the item. Mayor Magee invited the public to speak on the item. Mayor Magee closed the public hearing at 7:43 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-141, APPROVING THE FORMATION OF THE DISTRICT. Mayor Pro Tem Schiffner inquired about the location of the project. Mayor Magee commented that it was the project above the Vons shopping center on Grape Street. Mayor Magee invited any written comments to be entered into the record. Mayor Magee closed the public hearing at 8:05 p.m. Agenda Item No. Page_of Page Fifteen - City Council Minutes - September 13, 2005 FOREGOING MOTION CARRIED BY A VOTE OF 4-0 WITH COUNCILMAN BUCKLEY ABSENT. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMAN BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-142, TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Mayor Magee directed the City Clerk to tabulate the ballots and announced that 2/3rds of the votes cast were in favor of levying a special tax. Deputy City Clerk Ray tabulated the ballots and announced that 2/3rds of the property owners were in favor. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMAN BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-143, ORDERING THE CANVASSING OF THE ELECTION RESULTS. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMAN BUCKLEY ABSENT TO INTRODUCE AND ADOPT UPON FIRST READING, BY TTTLE ONLY, OF ORDINANCE NO. 1164. ORDINANCE NO. 1164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX. AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE BUCKLEY Agenda Item No. Page_of Page Sixteen - City Council Minutes - September 13, 2005 ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Second Reading - Ordinance No. 1154 - Ap_provin~ Zone Chan~e No 2005- 03. Mayor Magee introduced the item. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1154. ORDINANCE NO. 1154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-03 CHANGING THE ZO1vING DESIGNATION (FOR THE PARCEL SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER 373-071-018) FROM C-2 (GENERAL COMMERCIAL DISTRICT) TO R-3 (HIGH DENSITY RESIDENTIAL DISTRICT) AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE 32. Second Readin~ - Ordinance No. 1155 - Approving Zone Chanpe No 2005- 06. Mayor Magee introduced the item. Agenda Item No. Page_of Page Seventeen - City Council Minutes - September 13, 2005 MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1155. ORDINANCE NO. 1155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-06 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS PARCEL NO(S) 2, 3 AND 4 ON EXHIBTT "A" OF LOT LINE ADJUSTMENT NO. 2004-08 TO R-3 HIGH DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE 33. Second Reading; - Ordinance No. 1158 - Autharizin~ the levy of a special tax within Annexation Area No. 14. Mayor Magee introduced the item. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1158. Agenda I[em No. Page_of Page Eighteen - City Council Minutes - September 13, 2005 ORDINANCE NO. 1158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATNE 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 N0.14 (LAKEVIEW VILLAS) ANNEXED TO SAID DISTRICT. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Second Readin~ - Ordinance No. 1159 - Authorizin the lew of a services special tax and a special tax. Mayor Magee introduced the item. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1159. ORDINANCE NO. 1159 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. Agenda Item No. Page_of Page Nineteen - City Council Minutes - September 13, 2005 AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE 35. Second Readine - Ordinance No. 1160 - Amendment to LEMC Chapter 5 78 re arding Significant Palm Trees. Mayor Magee introduced the item. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1160. ORDINANCE NO. 1160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE DEFINITIONS PORTION OF CHAPTER 5.78 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SIGNIFICANT PALM TREES. AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE Agenda ltem No. Page_of Page Twenty - City Council Minutes - September 13, 2005 36. Washineton D.C. Lobbyin~ Services Selection Process.(F:96.6) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item and deferred to Information/Communication Manager Dennis. Mr. Dennis commented that he was available for questions. Councilman Buckley commented that out of the proposals received, the Ferguson Group had the most experience and the most local experience, knowledge and local connections with our congressional delegation. MOVED BY BUCKLEY, SECONDED BY KELLEY TO RETAIN THE SERVICES OF THE FERGUSON GROUP AND SET A LOBBYING CRITERIA DISCUSSION FOR OCTOBER 11TH WITH REPRESENTATIVES OF THE FERGUSON GROUP. Mayor Magee commented that the Ferguson Group had an impressive record and was locally recognized. He indicated that they also had the lowest price. He noted the e-civist program that would be made available to nonprofit organizations. FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 37. Draft response to Grand Jury Report.(F:40.1) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. He noted that the Grand Jury had issued a report; and there were 13 findings and 14 recommendations that were made. He noted that a response needed to be done in a 90-day period. He noted that staff had put together a response to be considered by the Council to be issued to the Grand Jury. He read into the record the modifications to the response that were discussed earlier. He deferred to page three, fourth paragraph, adding "the oversight of elected officials." ending the Agenda I[em No. Page_of Page Twenty-one - City Council Minutes - September 13, 2005 paragraph. He deferred to page nine, fourth paragraph, placing the word "demands" in front of the word "varied". He deferred to page eleven, No. 7, response, the first sentence eliminated. He noted a transmittal letter would be generated for the full Council signature. Edith Stafford, Lake Elsinore, commented that she had reviewed some of the report and she had noticed a lot of misstatements and inaccuracies. She noted that she would be making her own notes and submitting them. She also commented on dust control regarding the project across from the Stater Bros. shopping center on Lakeshore Drive. She noted that it was a nice project. City Treasurer Weber commented on the Grand Jury report. He commented on the attarney fees. He also commented on the audit of the charges submitted by the City Attorney. He indicated that the audit was glossing over and should be audited by another law firm. Councilman Buckley commented that in the findings the Grand Jury was commenting on things the City had already done or was in the process of doing since they started the investigation. He noted that he had gone through the City Attorney hours. He indicated that he would consider the idea of the audit, but he would be uncomfortable, being that the Council would need to waive its legal privacy privilege, which would expose the City's legal strategy. He noted that the billing had decreased significantly and the City Attorney's work had been pretty good. He also commented on the split of the City Clerk and Human Resources functions. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO APPROVE THE REPORT WITH MODIFICATIONS AND SIGNATURE OF THE FULL COUNCIL. Mayor Magee indicated that he was proud that the full Council had worked hard on the report and commended staff for putting the report together. He noted that the signing of the full Council would reflect their ability to work together and their respect for the Grand Jury. FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Agendalrem No. Page_oF Page Twenty-two - City Council Minutes - September 13, 2005 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:40 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:44 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Frank Hoffman, commented on concerns for County Tract Map No. 22626. He noted that it was a 1987 tract map. He noted that it had expired in 1992. He noted that the map had mysteriously gone through the Riverside County process. He indicated that there had not been an environmental impact statement in this decade or the last decade on this particular tract map; and the City of Lake Elsinore had never received notice of the map. He noted that LEUSD had not received notice of the map. He indicated the Police and Fire had not received notice of the tract map. He noted that it looked as though construction was in the process of starting. He noted that no one had been given notice. He indicated that the map was going to impact traffic and property values; and urged the City to investigate the issue. Mayor Magee stated the responsibility of the notices was the responsibility of the County; and Supervisor Buster was the representative. He questioned if Mr. Hoffman had discussed this with Supervisor Buster. Mr. Hoffinan confirmed. Edith Stafford, Lake Elsinore, commented on the Grand Jury report. She expressed that she disagreed with the full Council. She indicated that the report was full of lies. She noted that she would send her report mapped to the City's report. She indicated that she was suspicious. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: Sep 15th - Lake Elsinore Storm - League Championship Sep 17th - Canyon Lake Wakeboard Club Competition Agenda Item No. Page_of Page Twenty-three - City Council Minutes - September 13, 2005 CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS Public Safety Advisory Commission Chairman Hewison gave Commission update. He noted the PSAC will be conducting working study sessions. He noted they were focusing on the shoreline safety plan. He commented that they would be reviewing their goals and objectives. CTTY TREASURER COMMENTS City Treasurer Weber commented that he had reviewed the Summerhill audit with Mr. Pressey and Councilman Hickman. He noted Mr. Pressey would be sending a letter regarding the RFP to auditors. He commented on lawsuit threats by staff since he has been the City Treasurer. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She congratulated the Elsinore Valley Arts Network for the concert series. 2) She congratulated the Lake Elsinore Historical Society on the museum opening. 3) She complimented Mayor Magee on the State of the City address. Mayor Pro Tem Schiffner commented on the following: 1) He complimented the Lake Elsinore Historical Society on the museum opening. 2) He complimented Mayor Magee on the State of the City address. Agenda I[em No. Page_of Page Twenty-four - City Council Minutes - September 13, 2005 Councilman Hiclcman commented on the following: 1) He commended Police Chief Fetherolf and Tom Thomas on the Cops For Kids. He noted that it was an excellent program. 2) He commented on the upcoming high school football game between the two local high schools. 3) He commented on the property tax rebate for seniors. 4) He complimented Mayor Magee on the State of the City address. Councilman Buckley commented on the following: 1) He commented on the County Tract Map No. 22626. He suggested staff take a look at the map. 2) He suggested discussing the renaming of City Park to Mayhall Park at the next Council meeting. 3) He noted that the Chamber of Commerce was still collecting money for Hurricane Katrina victims. 4) He noted that the City Treasurer had been doing a good job. 5) He suggested posting the Grand Jury Report on the City Web-site. Mayor Magee commented on the following: 1) He encouraged everyone to go to the games and support the Lake Elsinore Storm. He noted they were the Southern Division Champions. 2) He indicated that it would be appropriate to rename City Park to Mayhall Park and requested staff put it on the next agenda. He also suggested a Mayhall baseball park in the Alberhill Ranch community. 3) He also suggested a letter from the City to Supervisor Buster regarding Tract Map No. 22626. 4) He requested the City Manager step up the Building Inspectar patrols to ensure there were water trucks at the Corman Leigh development across from Stater Bros. on Lakeshore Drive. Agenda Item No. Page_of Page Twenty-five - City Council Minutes - September 13, 2005 5) He commented that he trusted the City Attorney and when he needed another opinion he contacted other attorneys and sometimes incurred the cost himself. He noted that was the way he checked things. He noted that he saw no need to hire another attorney to watch over the City Attorney. ADJOURNMENT The Regular City Council Meeting was adjourned at 9:27 p.m. in Dolores Mayhall of Mayhall Print Shop. C ~ R ERT E. CITY OF LA ATTEST: FREDEI~IC~RAY, DEPUTY CITY CLERK CITY OF LA E ELSINORE Agenda Item No. Page_of honor of