HomeMy WebLinkAbout09-27-2005 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 27, 2005
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Magee at 5:00
p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY,
SCHIFFNER, MAGEE
ABSENT: COUNCILMEMBERS: HICKMAN
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Services Director Sapp,
Lake & Aquati~ Resources Director Kilroy, Information/Communications
Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz,
Recreation/Tourism Manager Fazzio, Public Works Manager Payne, Senior
Engineer Basubas, Police Chief Fetherolf, City Treasurer Weber and Deputy
City Clerk Ray.
CLOSED SESSION
THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO
CLOSED SESSION AT 5:01 P.M.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
Agenda I[em No.
Page_ of _
Page Two - City Council Minutes - September 27, 2005
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Information/Communication Manager
Dennis.
INVOCATION - MOMENT OF SILENT PRAYER
Mayor Magee led the meeting in a moment of silent prayer.
ROLL CALL
PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY,
SCHIFFNER, MAGEE
ABSENT: COUNCILMEMBERS: HICKMAN
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,
Recreation/Tourism Manager Fazzio, Public Works Manager Payne, Senior
Engineer Basubas, Police Chief Fetherolf, City Treasurer Weber and Deputy
City Clerk Ray.
CLOSED SESSION
a. PUBLIC EMPLOYEE APPOINTMENT (Gov't Code § 54957)(F:40.1)
b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION - Significant exposure to litigation pursuant to Subdivision
(b) of Gov't Code § 54956.9: (1 potential case).(F:40.1)
c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't
Code § 54956.8)(F:40.1)
Property: A.P.N.363-020-011
Negotiating parties: South Shore Properties, LLC and City of Lake Elsinore
Agenda Item No._
Page_ of
Page Three - City Council Minutes - September 27, 2005
Under negotiation: price and terms of payment
City Attorney 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
on Items a, the City Council had appointed Frederick Ray as City Clerk and
directed her to prepare an employment contract to be presented at the next
scheduled City Council meeting. City Attorney Leibold reported that on Item b,
there were two potential cases, one which was added during the afternoon study
session pursuant to Brown Act authority and there was no reportable action. City
Attorney Leibold reported that there was no reportable action on Item c.
PRESENTATION/CEREMONIALS
A. Proclamation - Constitution Day.(F:122.1)
Mayor Magee called Police Chief Fetherolf forward for the presentation.
Mayor Magee commented that the defenders of the Constitution during
peace time were Sheriffs and Police Officers. Mayor Magee read and
presented the proclamation. Police Chief Fetherolf thanked the City Council
for the proclamation. He commented that 38 years ago he took an oath to
support, uphold and defend the Constitution of the United States against all
enemies domestic and foreign. He further commented that it was an honor
to accept the proclamation on behalf of all men and women that wore a
uniform as well as government.
B. Proclamation - Jack Martin, Ink Sanity.(F:122.1)
Mayor Magee called Jack Martin forward for the presentation. Jack Martin
recognized others involved with the success of the donations. Mayor Magee
noted the efforts and the challenges this group endured to accomplish what
they had started. Mayor Magee read and presented the proclamation. Mr.
Agenda Item No._
Page_ of_
Page Four - City Council Minutes - September 27, 2005
Martin thanked the City Council and everyone involved.
C. Presentation to Historical Society Representative.
Mayor Magee indicated the item would be continued to the October 11`n
Council Meeting.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE
Terry Thielen, Lake Elsinore property owner, noted that his property was located
west of Chaney Street. He indicated that there were 25 homes on Lakeshore Drive,
west of Chaney, without sewer. He noted that there were septic tanks that had
been leaking for years into the lake. He noted that he had met with the water
district and with the district engineer. He indicated that there were 1500 feet of
sewer that could be connected. He suggested the City Council take action to
resolve the problem.
Pat Clary, Lake Elsinore Rotary, commented on the upcoming 3`d Annual Art &
Wine Festival to be held on October 8~'. She thanked the Council and staff for
their support; and invited any citizen that wished to attend the event.
Sherry Martinez, Librarian for Vick Knight/Lakeside Public Library, invited
everyone to come and visit the library.
CONSENT CALENDAR ITEMS
The following items were pulled from the Consent Calendar for further discussion
and consideration:
Item Nos. 7 & 9.
CONSENT CALENDAR ITEMS
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A
VOTE OF 4-0 WITH HICKMAN ABSENT TO APPROVE THE BALANCE
OF THE CONSENT CALENDAR AS PRESENTED.
Agenda Item No._
Page_ of
Page Five - City Council Minutes - September 27, 2005
1. Ratified Warrant List for September 15, 2005.(F:12.3)
2. Approved Final Map Nos. 30493 and 30493-4, 5, 6, 7 and 8.(F:160.2)
3. Approved Final Map No. 29996.(F:160.2)
4. Adopted Resolution No. 2005-144, prohibiting parking between 15154 and
15156 Etienne Street.(F:112.1)
5. Adopted Resolution of Intention 2005-145 to establish CFD 2004-2
(Viscaya).
Adopted Resolution No. 2005-146 to incur bonded indebtedness.
Scheduled the public hearing on the District Formation for November 8,
2005.(F:22.3)
6. Authorized $16,699.23 for the purchase of one full size pickup
truck.(F:48.1)
8. Received and filed as an informational item.(F:64.1)
10. Authorized the City Manager to approve an agreement with HDR
Engineering, Inc. to prepare the CEQA compliance documents and the
Public Outreach Meeting for Annexation No. 74 in the amount of
$53,854.(F:20.2)
TTEM PULLED FROM THE CONSENT CALENDAR
7. Request for Alcohol ApprovaUWaiver of Fees.(F:64.1)
Recreation/Tourism Manager Fazzio gave an overview of the item and noted
staff recommendation.
Dori Dixon, Rotary Clubs of the Valley, gave a mare in-depth overview of
the event. She noted for the first time the event would be held in Lake
Elsinore. She noted the event would be raising funds for the Rotary
International Foundation.
Agenda Item No._
Page_ of_
Page Six - City Council Minutes - September 27, 2005
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
A VOTE OF 4-0 WITH HICKMAN ABSENT TO APPROVE THE
REQUEST BY THE LAKE ELSINORE ROTARY CLUB FOR THE SALE
AND CONSUMPTION OF ALCOHOL IN CITY PARK AND WAIVE THE
$200 PROCESSING FEE AND $40 ELECTRICAL FEE FOR THEIR CHILI
COOK-OFF BOTH EVENTS TO BE AELD ON OCTOBER 22, 2005.
9. Authorization to prepare CEQA compliance documents for Residential
Design Review No. R-2005-12 and LEAP 2005-11 for Broadstone's Rivers
Edge Apartment Complex (Classic Pacific).(F:138.2)
Mayor Magee introduced the item and deferred to City Manager Brady.
City Manager Brady gave an overview of the item. He noted Mooney, Jones
& Stokes were the consultants; and were also the same company preparing
the City's General Plan. He suggested that the Council direct staff to seek
another consultant for this particular document preparation.
Councilman Buckley commented that the idea of having the same company
doing the General Plan also preparing CEQA compliance documents did not
rest easy with him.
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY
A VOTE OF 4-0 WITH HICKMAN ABSENT TO REJECT STAFFS
RECOMMENDATION AND DIRECT STAFF TO BRING A SUBSTITUTE
RECOMMENDATION AT THE NEXT REGULARLY SCHEDULED
COUNCIL MEETING.
PUBLIC HEARINGS
None.
Agenda I[em No.
Page_ of_
Page Seven - City Council Minutes - September 27, 2005
BUSINESS ITEMS
31
Second Readin~ - Ordinance No. 1161 - A~ rp oving Specific Plan No 2004-
O1.
Mayor Magee introduced the item.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT
UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE
NO. 1161.
ORDINANCE NO. 1161
32.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN
NO. 2004-O1 CHANGING THE ZONING DESIGNATION OF THE
PROPERTY GENERALLY LOCATED NORTHWEST OF
RIVERSIDE AVENUE, SOUTHEAST OF MACHADO STREET, AND
NORTH OF GRAND AVENUE, BETWEEN ULLA AND TILLER
LANES FROM R-1 MEDIUM DENSITY RESIDENTIAL DISTRICT
TO SPECIFIC PLAN UNDER THE ZONING ORDINANCE.
AYES: COUNCILMEMBERS:
BUCKLEY, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
NONE
HICKMAN
NONE
Second Readin~ - Ordinance No. 1162 - Authorizin t~ he levy of a special
tax within Annexation Area No. 13.
Mayor Magee introduced the item.
Agenda I[em No.
Page_ of
Page Eight - City Council Minutes - September 27, 2005
MOVED BY KELLEY, SECONDED BY SCffiFFNER TO ADOPT UPON
SECOND 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 N0.13 (VILLAGES
AT WASSON CANYOl~ ANNEXED TO SAID DISTRICT.
AYES: COUNCILMEMBERS
BUCKLEY,KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS:
NONE
HICKMAN
NONE
33. Second Reading; - Ordinance No. 1163 - Autharizing the levy of a service
special tax and a special tax.
Mayor Magee introduced the item.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT
UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE
NO. 1163.
ORDINANCE NO. 1163
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 Nine - City Council Minutes - September 27, 2005
AYES: COUNCILMEMBERS:
BUCKLEY,KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
NONE
HICKMAN
NONE
34. Second Readin~ - Ordinance No. 1164 - Authorizin~ the lew of 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. 1164
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF
A SPECIAL TAX.
AYES: COUNCILMEMBERS:
BUCKLEY,KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
NONE
HICKMAN
NONE
Agenda Item No._
Page_ of_
Page Ten - City Council Minutes - September 27, 2005
35. Renamin o~ f Cit,~.(F:114.2)
Mayor Magee introduced the item and deferred to City Manager Brady.
City Manager Brady gaee an overview of the item. He noted that Dolores
Mayhall was a long time resident and active citizen. He noted that there was
specific policy.
JJ Swanson, Lake Elsinore, commented that she appreciated all that Dolores
Mayhall had done for the community. She strongly suggested that
something needed to be named in honor of Dolores. She noted all the work
Dolores had put into the City.
Mrs. Swanson commented that she did not feel it should be the City Park.
She explained that City Park was a community park. She continued to
explain that the property was donated by a private resident in the 1880's; and
the community came together to build the park. She expressed her concerns
about not renaming things unless it involved the person that actually started
it. She felt Castle & Cooke's offer of naming the sports park in the Alberhill
Ranch development in her honor was an excellent idea.
Councilwoman Kelley commented that something needed to be done to
honor polores Mayhall; and Council was aware of Castle & Cooke's offer.
MOVED BY SCHIFFNER, SECONDED BY MAGEE TO CONTINUE THE
ITEM FOR FURTHER CONSIDERATION.
Councilman Buckley noted that Dolores was an important part of the City,
specifically to the Downtown area. He commented that the City Park was
not named after anything. He indicated that it was built out in 1938, after
the land was donated 30 years earlier. He noted that her office was
downtown. He expressed that it was important to have a sense of her
continuous presence downtown; and felt it was appropriate to rename the
park in her honor.
Agenda Item No._
Page_ of_
Page Eleven - City Council Minutes - September 27, 2005
Mayor Magee indicated that there was nothing in writing from Castle &
Cooke. He noted that Dolores was active in Little League; and she had in
fact helped form the first Little League 50 years ago. He noted that he was
approached by the Little League community also. He indicated that there
were not going to be any baseball fields at the sports park. He noted that
City Park was in between her home and her business; in which she passed
every day for decades. He expressed his support for the motion on the floor,
which would allow the Historical Society, Castle & Cooke and the Little
League community to provide Council with additional information; and also
allow the Rotarians to have input.
Councilman Buckley suggested adding to the motion a date certain.
Mayor Pro Tem Schiffner amended the motion and Mayor Magee amended
his second.
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A
VOTE OF 3-1-1 WITH HICKMAN ABSENT AND BUCKLEY CASTING
THE DESCENDING VOTE TO CONTINUE THE ITEM FOR FURTHER
CONSIDERATION AND BRINGING THE ITEM BEFORE COUNCIL AT
THE OCTOBER 25TH REGULARLY SCHEDULED COUNCIL MEETING.
36. Street Maintenance Contracts.(F:68.1)
Mayor Magee introduced the item and deferred to City Manager Brady.
City Manager Brady ga~e an overview of the item. He noted that there were
six contracts before Council. He deferred to Public Works Manager Payne.
Public Works Manager Payne gave a more in-depth overview of the item.
He noted the inclusion of a proposed budget for each of those services. He
noted that the contracts did not guarantee a certain dollar amount to the
contractors.
Mayor Pro Tem Schiffner clarified that the contracts were bided on a basis
of unit prices. Mr. Payne confirmed.
Agenda I[em No.
Page_ of
Page Twelve - City Council Minutes - September 27, 2005
City Treasurer Weber inquired if there would be other contracts coming
forward for street maintenance. Mr. Payne indicated there would be others
brought before Council.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
A VOTE OF 3-2 WITH BUCKLEY AND HICKMAN ABSENT TO
AUTHORIZE THE CITY MANAGER TO RENEW FOR ONE YEAR, THE
SIX STREET MAINTENANCE CONTRACTS.
37. Le~;al Services Agreement - City Attorney.(F:68.1)
Mayor Magee introduced the item and deferred to City Attorney Leibold.
City Attorney Leibold gave an overview of the item. She noted that they
have received one amendment, increasing their hourly rate. She indicated
that the contract attached to the staff report requested an increase in the
retainer amount from $7,000 per month to $8,500 per month. She noted her
firm specialized in the representation of cities and other public agencies,
including redevelopment agencies. She noted that she had practiced in that
area for the last 18 years.
She deferred to page 3 of 13, paragraph 2 and noted a title change to read:
Term of Agreement. The term of the agreement would be until September i,
2007. She deferred to page 4 of 13, second line, noting the deletion of the
word "designated". She noted the addition of a new paragraph, #28, title
"Annual Performance Review", which would take place the first quarter of
each year. She deferred to Exhibit A, under Scope of Services, a
grammatical correction in the second paragraph to read "this work consists
of attending regularly schedule meetings". She noted that at the end of the
third paragraph, the last item "requiring significant attorney time, upon
direction of the City Council".
Edith Stafford passed on her comments.
City Treasurer Weber questioned the meaning of "upon direction of the City
Council". Mayor Magee explained the change to City Treasurer Weber.
Agenda I[em No._
Page_ of
Page Thirteen - City Council Minutes - September 27, 2005
City Treasurer indicated that it should not be at the City Attomey discretion
on low priority issues to attend those particular meeting. Mayor Magee
noted it was at the City Council's direction if it required a significant
number of hours.
City Treasurer Weber suggested having another lawyer take of the bond
issues.
Councilman Buckley deferred to page 8 of 13, second paragraph, General
Legal Services, and suggested adding "City Attomey bimonthly or quarterly
project/negotiation/litigation action timeline and at the bimonthly or
quarterly period the Council could modify the priorities".
Mayor Pro Tem Schiffner commented that the projects the City Attorney
spent time on were requested by the City Council.
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO AUTHORIZE
THE CITY MANAGER TO EXECUTE LEGAL SERVICES AGREEMENT
WITH CHANGES AND MODIFICATIONS.
Councilwoman Kelley commented that City business did not operate on a
nice timeline. She indicated that City Attorney Leibold had always
responded. She noted that the City had won every lawsuit in which the City
Attorney was the representation.
Mayor Magee inquired if the suggestion made by Councilman Buckley was
feasible and put in the City Manager's Weekly Memo format.
City Attorney Leibold suggested a format outside of the context of the
weekly. She noted attorney client privilege; and some of the issues they
were warking on were privilege communication. Councilman Buckley
noted that it would need to be presented in closed session.
Mayor Pro Tem Schiffner amended the motion and Councilwoman Kelley
amended her second.
Agenda Item No.
Page_ of
Page Fourteen - City Council Minutes - September 27, 2005
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
A VOTE OF 4-0 WTTH HICKMAN ABSENT TO AUTHORIZE THE CITY
MANAGER TO EXECUTE LEGAL SERVICES AGREEMENT WITH
CHANGES AND MODIFICATIONS AND THE ADDITION TO THE
GENERAL LEGAL SERVICES THAT THE CITY ATTORNEY PRESENT
TO COUNCIL A BIMONTHLY OR QUARTERLY
PROJECT/NEGOTIATION/LTTIGATION ACTION TIMELINE AND AT
THE BIMONTHLY OR QUARTERLY PERIOD THE COUNCIL COULD
MODIFY THE PRIORITIES.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:59
P.M.
THE REGULAR CTTY COUNCIL MEETING RECONVENED AT 8:02
P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
No comments.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
1) Congratulated Mr. Ray on his City Clerk appointment.
2) Announced the following upcoming events:
Oct ls` - Household Hazardous Waste Collection
Oct 2°d - Open Air Market
Oct 8`h - Moto Music Mayhem
Oct 8th - Art and Wine Festival
Agenda Item No._
Page_ of
Page Fifteen - City Council Minutes - September 27, 2005
ATTORNEY COMMENTS
City Attorney Leibold commented on the following:
1) Congratulated Mr. Ray on his City Clerk appointment.
2) She noted the City did ha~e a vicious dog ordinance. LEMC Section
6.04.25.
COMMITTEE REPORTS
None.
CITY TREASURER COMMENTS
No comments.
CITY COUNCIL COMMENTS
Councilwoman Kelley commented on the following:
1) Congratulated Mr. Ray on his City Clerk appointment.
Mayor Pro Tem Schiffner commented on the following:
1) Congratulated Mr. Ray on his City Clerk appointment
2) Congratulated City Attorney Leibold and her firm on their contract.
Councilman Buckley commented on the following:
1) Congratulated Mr. Ray on his City Clerk appointment.
2) He noted that the economical report for Lake Elsinore would posted on the
City web-site.
Agenda Item No._
Page_ of
Page Sixteen - City Council Minutes - September 27, 2005
Mayor Magee commented on the following:
1) Congratulated Mr. Ray on his City Clerk appointment. He noted that Mr. Ray
was a veteran, husband, father and a homeowner in our beautiful City. He
noted that his work ethics and pubic conduct were both polite and
professional.
ADJOURNMENT
The Regular City Council Meeting was adjourned at 8:20 p.m.
/ - `~
E. MAGEE,I~AYOR
CTTY OF LAKE
ATTEST~
~ 1.
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FREDERICK Y, DEPUTY
CITY OF LAKE ELSINORE
CITY CLERK
Agenda I[em No.
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