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HomeMy WebLinkAboutOrd. No. 2008-1239-1257 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1239 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 8th day of January 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 22nd day of January 2008, by the following roll call vote: AYES: MAYOR HICKMAN, MAYOR PRO TEM KELLEY, COUNCILMEMBER BUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE [ L L__ VIVIAN M. MUNSON CITY CLERK 4 EXHIBIT A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi-Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi-Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi-family Property. 30. Fiscal Year. The period beginning on July 1 and ending on the following June Maximum Annual Special Taxes. The maximum annual special taxes levied within the District fqr any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. j.' Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year 2003-04j and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2%. commencing in Fiscal Year 2004-05. and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement. Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale. and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This Hen shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. ORDINANCE NO. 1240 AN ORDINANCE O'F THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE ,AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.3 (RIVER'S EDGE) ANNEXED TO SAID DISTRICT WHEREAS, on November 13, 2007, the City Council (the !'Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 2007-185 stating its intention to annex certain property (Annexation Area No. 3 (River's Edge) ("Annexation Area No.3")) into City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area NO.3 into the District; and WHEREAS, on January 8, 2008, this Council held a noticed public hearing as required l.1y law relative to the determination to proceed with the annexation of Annexation Area No. 3 into the District and the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 3 to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 3 were heard and a full and fair hearingwas held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 4' determining the validity of prior proceedings relative to the annexation of Annexation Area No.3, annexed Annexation Area No. 3 into the District and authorized the levy of a special tax within Annexation Area No.3; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 5,. which called an election within Annexation Area No. 3 for January 8, 2008, on the proposition of levying a special tax; and .. . - WHEREAS,on January 8, 2008, an election was held within each Annexation Area No. 3 in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN 1 SPACE AND STORM DRAIN MAINTENANCE), DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A special tax is levied within the boundaries of Annexation Area No. 3 pursuant to the formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area NO.3 prior to the annexation of Annexation Area No. 3 into the District, periodic costs, and costs of the tax levy and collection. SECTION 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A." SECTION 3. All of the collections of the special tax shall be used as provided for inthe Act and Resolution No. 2008- 4 of the Council. SECTION 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes. SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance. SECTION 6. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this ordinance and are hereby declared to be severable. SECTION 7. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after thirty (30) days after the date of its final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County,. the Assessor and the Treasurer~Tax Collector of Riverside County. The City Clerk shall certify as to adoption of this ordinance and cause this ordinance to be published and posted in the manner required by law. 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 22nd day of January 2008. 0jf~ ~MA~,MAYOR CITY OF LAKE ELSINORE l. L VI IAN M. MUNSON CITY CLERK ST: APPROVED AS TO FORM: 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1240 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 8th day of January 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 22nd day of January 2008, by the following roll call vote: AYES: MAYOR HICKMAN, MAYOR PRO TEM KELLEY, COUNCILMEMBER BUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE { LL~ VIVIAN M. MUNSON CITY CLERK 4 EXHIBIT A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed R~sidential Property and Developed Multi-Family Property (as hereinafter defined) in City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. Definitions "Assessor's Parcel" means a parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. "City" means the City of Lake Elsinore, California. "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Non-Residential Property" means all Assessor's Parcels for which a building permit was issued by the City for any type of non-residential use on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single. Family Unit" means a rc;3sidential dwelling unit other than a Developed Multifamily Unit. on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period beginning on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax that can be levied by CFD No. 2006-5 in any Fiscal Yearon any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006-5 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds. in the Operating Fund at the end of th.e preceding Fis.cal Year. "Service Area" means parks, open space, and storm drains. "Special Tax" means any of the special taxes authorized to be levied within CFD No. 2006-5 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement" means the amount determined in any Fiscal Year for CFD No. 2006...5 equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes based on the delinquency rate in CFD No. 2006-5 for the previous Fiscal. Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. "Unit" means. each separate residential dwelling unit, which comprises an independent fadlity capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apporti.onment of the Special Tax Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year, the City Council. shall levy Special Taxes on (i)al" Asses.sor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax to fund the SpeCial Tax Requirement. The Maximum Special Tax for Fiscal Year 2005-2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On e?ch July 1, commencing July 1, 2006, the Maximum Special Tax shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. Duration of the Special Tax . The Spedal Tax shall be levied in perpetuity to fund the Special Tax Requir~ment, unless no longer required as determined at the sole discretion of the City Council. ... Colle.ction of the Special Tax The Special Tax shall be collected in the same manner and at the same time as ordinary ad va/~rem propert~ taxes, provided, however, that ~CFD No. 2006-5 may collect the SpecIal Tax at a dIfferent time or in a different manner if necessary to meet its funding requirements. . ORDINANCE NO. 1241 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. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 1 (RED KITE) ANNEXED TO SAID DISTRICT WHEREAS, on November 27,2007, the City Council (the "Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 2007-196 stating its intention to annex certain property (Annexation Area No. 1 (Red Kite) ("Annexation Area No.1")) into City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos Community FacilitiesAct of 1982, as amended, (the "Act"); and WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No.1 into the District; and WHEREAS, on January 8, 2008, this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 1 into the District and the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 1 to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 1 were heard and a full. and fair hearing was held; and . WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 7 determining the validity of prior proceedings relative to the annexation of Annexation Area No.1, annexed Annexation Area No. 1 into the District and authorized the levy of a special.tax within Annexation Area No.1; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 8 Which called an election within Annexation Area No. 1 for January 8, 2008, on the proposition of levying a special tax; and WHEREAS, on January 8, 2008, an election was held within each Annexation Area No.1 in which the eligible electors approved bymore than two-thirds vote the proposition of levying a special tax. NOW, THEREFORE, THe CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY. OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW 1 ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A special tax is levied within the boundaries of Annexation Area No. 1 pursuant to the formula set forth in Exhibit "An attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 1 prior to the annexation of Annexation Area No. 1 into the District, periodic costs, and costs of the tax levy and collection. SECTION 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in Section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A." SECTION 3. All of the collections of the special tax shall be used as provided for in the Act and Resolution No. 2008- 7 of the Council. SECTION 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sal.e in cases of delinquency and provided for ad valorem taxes. SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after ifspassage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance. SECTION 6. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this ordinance and are hereby declared to be severable. SECTION 7. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after thirty (30) days after the date of its final passage. A copy of this ordinance Shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of RIverside County. The. City Clerk shall certify as to adoption of this ordinance and cause this ordinance to be published and posted in the manner required by law. 2 - PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 22nd day of January 2008. -ErA L HICKMAN, MAYOR CITY OF LAKE ELSINORE _LA- VI IAN M. MUNSON CITY CLERK APPROVED AS TO FORM: 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1241 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 8th day of January 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 22nd day of January 2008, by the following roll call vote: AYES: MAYOR HICKMAN, MAYOR PRO TEM KELLEY, COUNCILMEMBER BUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE { LL~ VIVIAN M. MUNSON CITY CLERK - 4 EXHIBIT A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi-Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi-Family Properly. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi-family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. . . Unit. Each separate residential dwelling unit, which comprises an independent facIlity capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year, commencing July 1, 2007, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year 2007-08, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $416 and on each Assessor's Parcel of Developed Multi-Family Property in the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2%, commencing in Fiscal Year 2008-09, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. ORDINANCE NO. 1242 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 WHEREAS, on November 27,2007, the City Council (the "Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 2007-198 stating its intention to form the City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance a portion of the cost of providing parks, open space and storm drain maintenance services (the "Services") that are in addition to those provided in the territory within the CFD prior to the formation of the CFD, and to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the City is authorized by law to construct, own or operate (the "Facilities"); and WHEREAS; on November 27, 2007, the Council also adopted Resolution No. 2007-199 stating its intention and the necessity to incur bonded indebtedness in the amount not to exceed $2,500,000 to be issued for the purpose of financing the purchase, construction; expansion or rehabilitation of the Facilities; and WHEREAS; notice was published as required by law relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $2,500,000 within the boundaries of the CFD; and WHEREAS, on January 8, 2008, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay for the Services and the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness of the CFD, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interestto be paid; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by the CFDwere heard and afull and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 11 determining the validity of prior proceedings and established the CFD; and 1 WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 12 which called a-nelection within the CFD for January 8, 2008, on the proposition of. incurring bonded indebtedness, levying a special tax and setting an appropriations limit; and WHEREAS, on January 8, 2008, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF lAKE ELSINORE, CALIFORNIA, DOES HEREBYORDAIN AS FOllOWS: SECTION 1. A special tax (the "Services Special Tax") is levied within the boundaries of the CFD pursuant to the formula set forth in Exhibit A attached hereto in an amount necessary to pay all of the costs of providing the Services, periodic costs, and costs of the tax levy and col/ection, and all other costs. SECTION 2~ A special tax (the "Special Tax") is levied within the boundaries of the CFD pursuant to the formulas set forth in Exhibit A attached hereto in an amount necessary to pay all of the costs of providing the Facilities, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness. SECTION 3. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate.and amount to be levied for the then current or future tax years, except that the special tax rate to. be levied shall not exceed the maximum rate set forth in Exhibit A. SECTION 4. All of the collections of the Services Special Tax and Special Tax shall be used as provided for in the Act and Resolution No. 2008- 11 (Resolution of Formation). SECTION 5. The. above authorized Services Special Tax and the Spedal Tax shall be. co.llectedin the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided farad valorem taxes; provided, however, the CFD may collect the_Services Special Tax and the Special Tax ata different time or in a different manner if necessary to meet its financial obligations. SECTION 6. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7. The.Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of 2 --.-----.-.,.,..-.. the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the council Members voting for and against the ordinance. SECTION 8. This ordinance relating to the levy of the Services Special Tax and the Special Tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 22nd day of January ,2008. A;j~ (_.. QAB-Yt::'AICKMAN MAYOR LL_ V IAN M. MUNSON CITY CLERK T: APPROVED AS TO FORM: 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoinglOrdinance No. 1242 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 8th day of January, 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 22nd. day of January , 2008, by the following roll call vote: AYES: MAYOR HICKMAN, MAYOR PRO TEM KELLEY, COUNCILMEMBER BUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE {_ l. L__ VIVIAN M. MUNSON CITY CLERK 4 ORDINANCE NO. 1243 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE. ELSINORE, CALIFORNIA, ADDING CHAPTER 10.40 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE REGULATION OF NEWSRACKS IN PUBLIC RIGHTS-OF-WAY WHEREAS, it is the purpose and intent of this chapter to provide for reasonable and uniform regulation of newsracks in the city; and WHEREAS, the uncontrolled placement and maintenance of newsracks on the public right-of-way unreasonably interferes with and obstructs the public's use of such rights-of-way and such obstruction of the free use of property interferes with the comfortable enjoyment of life and property by the entire community; and WHEREAS, the protection and preservation of public health, safety and welfare requires that certain distance and height restrictions be placed on newsracks to insure the safety of pedestrians using the sidewalks and the safe flow of traffic on streets; and WHEREAS, the proliferation of newsracks on public rights-of-way to display words and pictorial material describing and depicting explicit sexual conduct and nudity, exposes children, minors and unwilling adults to such material, unreasonably interferes with the public's use of such right-of-ways, and constitutes unwarranted invasions of individual privacy; and WHEREAS, it is the purpose and intent of the special regulations for materials harmful to minors and sexually explicit material to protect and preserve the public health, safety and welfare of citizenry, especially minors, and that special regulation of the time, place and manner of the display of harmful matter and sexually explicit materials in news racks is necessary; and WHEREAS, it is not the intent of this chapter to suppress any speech activities protected by the First Arnendment, but to enact a content neutral ordinance and to balance protected activities with the need to protect the substantial govemmental interests described above; and WHEREAS, the City Council wishes to add Chapter 1 DAD to the Lake Elsinore Municipal Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 10.40 of the Lake Elsinore Municipal Code is added as follows: 1 CHAPTER 10.40 REGULATION OF NEWSRACKS IN PUBLIC RIGHTS OF WAY 10.40.010 Intent. It is the intent of this chapter to provide for reasonable and uniform regulation of newsracks in the city. The uncontrolled placement and maintenance of newsracks on the public right-of-way unreasonably interferes with and obstructs the public's use of such rights-of-way and such obstruction of the free use of property interferes with the comfortable enjoyment of life and property by the entire community. Additionally, special regulation of the time, place and manner of the display of materials harmful to minors and sexually explicit material are necessary to protect and preserve the public health, safety and welfare of the citizenry. 10.40.020 Definitions. forth herein: As used in this Chapter, the following terms shall have the meanings set "Blinder rack" means any opaque material placed within the newsrack in front of the harmful matter that prevents exposure of the harmful matter to public view. "City manager" means the City Manager of the city or his or her designee. "Custodian" means a person who has the responsibility of placing, servicing or maintaining a newsrack by depositing in and/or removing material from such newsrack and/or by collecting money from such news rack. "Director of public works" means the Director of Public Works of the city or his or her designee. "Display" means to show. "Harmful matter" means matter taken as a whole, the predominant appeal of which to the average person, applying contemporary statewide standards, is a prurient interest, meaning a shameful or morbid interest in nudity, sex or excretion, and is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational or scientific value for minors as described in California Penal Code Section 313, or its successor sections. When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter shall be judged with reference to its intended recipient group. In prosecutions under this chapter, where circumstances of production, presentation, sale, dissemination, distribution or publicity indicate that matters being commercially exploited by the 2 defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks significant literary, artistic, political, educational or scientific value for minors. "Knowingly" means being aware of the character of the matter. "Matter" means any book, magazine, newspaper or any other printed or written material or any picture, drawing, photograph, motion picture or any other pictorial representation or any statue of other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction of any other articles, equipment, news racks or materials. "Minor" means any natural person under eighteen years of age. "Newsrack" means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the display, distribution or sale of any written or printed material, including, but not limited to, newspapers, news periodicals, magazines, books, pictures, photographs and records. "Parkway" means that area between the sidewalk and the curb of any street and, where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" also includes any area within a roadway which area is not a sidewalk and is not open to vehicular traffic. "Person" means any individual, partnership, firm, association, corporation or other legal entity. "Street" means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. newsracks. 10.40.030 Regulations, restrictions and procedures relating to The regulations, restrictions and procedures set forth in this chapter shall relate to the installation and maintenance of newsracks in the city. 10.40.040 Newsrack permits. Applications for installing and maintaining newsracks shall be filed with the Department of Public Works of the city within one business day of placement within the city. An application fee may be established by resolution of the city council based on the actual costs of processing the application. The director of public works shall issue the permit for the newsrack to the applicant therefor when the applicant has submitted the following information to the city: 3 A. The name, address and telephone number of the person owning the newsracks and the name, address, and telephone number of the custodian therefor; B. The location of newsracks being placed within the city; C. A written statement whereby the person who will place or maintain such newsrack on a public street agrees to indemnify and hold harmless the city and its officers, agents or employees from any loss or liability or damages, including expenses and costs, for bodily or personal injury and for property damage or other damages sustained by any person as a result of the installation, use or maintenance of such newsrack within the city; D. A certificate of insurance establishing that there is in force and effect an insurance policy for the permittee which will remain in force during the time such newsrack is allowed to remain on public property, which policy shall be of public liability insurance against liability for the death of, or injuries to, persons or damages to property arising out of accidents attributable to the newsracks on city property. The amount of the coverage required shall be established by resolution of the city council. 10.40.050 Prohibition of news racks on roadways. No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part, upon any portion of the roadway of any public street. 10.40.060 Dangerous conditions or obstructions. Subject to the specific provision of Section 10040.070, no person shall install, use or maintain any newsrack which, in whole orin part, rests upon, in or over any public sidewalk or parkway when such installation, use or maintenance endangers the safety of persons on property, or when such area or location is used for public utility purposes, public transportation purpose, or governmental use, or when such newsrack interferes with or impedes the floW of pedestrian or vehicular traffic, including the ingress into or egress from any legally parked or stopped vehicle, any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location. 10.40.070 Standards for maintenance and installation. Any newsrack- which rests, in whole or in part, upon, in or over any public sidewalk or parkway shall comply with the following standards: A. No newsrack shall exceed five feet in height as measured from the sidewalk to the highest point on the newsrack, thirty inches in width, or two feet in depth. 4 B. Newsracks shall only be placed near a curb or adjacent to a wall or building. Such newsracks placed near the curb shall be parallel thereto and shall be no less than (i) twenty-four (24) inches from the face of the curb in a designated "no parking" zone, or (ii) forty-eight (48) inches from the face of the curb if vehicle parking is allowed adjacent to such curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and shall be not more than six inches from the wall. No such newsrack shall be placed or maintained on the sidewalk or parkway opposite another newsrack or group of newsracks nor in such a manner that prevents pedestrians from passing freely and without obstruction along any sidewalk or through any marked or unmarked crosswalk. C. No newsrack shall be chained, bolted or otherwise attached to property not owned by the owner of such news rack or to any permanently fixed object unless the custodian of such newsrack shall have obtained the written permission of the owner of the property or object to which the newsrack is affixed. D. Newsracks may be placed next to each other; provided, however, no group of such newsracks shall extend more than eight lineal feet along a curb or wall, and a space of no less than three feet shall separate each such group of newsracks, provided the newsracks are otherwise in compliance with the provisions of this chapter. E. Such newsracks may be chained or otherwise attached to one another; provided, however, no more than three such newsracks may be joined together in this manner, and a space of no less than three feet of clear space shall separate each group of three or less such newsracks so attached, provided the newsracks are otherwise in compliance with the provisions of this chapter. F. No such newsrack or group of such newsracks permitted by the provisions of subsection E of this section shall weigh, in the aggregate, in excess of one hundred twenty-five pounds when empty. G. Notwithstanding any other provision of this chapter, no newsrack shall be placed, installed, used or maintained: 1. Within five feet of any marked crosswalk; 2. Within fifteen feet of the curb return of any unmarked crosswalk; 3. Within five feet of any fire hydrant, fire call box, police call box, or any other emergency facility or structure; 4. Within five feet of any driveway; 5 5. Within five feet ahead of or twenty-five feet to the rear of any sign marking a designated bus stop; 6. Within six feet of any bus bench; 7. In any location if the placement of the newsrack reduces the cross space or the passageway of pedestrians to less than six feet, unless a reduced width of not less than four feet is approved by the city manager, provided however, such approved width shall comply with all applicable federal and State laws, including without limitation, the Americans with Disabilities Act; 8. Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window or any building abutting the sidewalk or parkway, or in such a manner as to impede or interfere with the reasonable use of such window for display purposes. H. No such newsrack shall be used for advertising signs or publicity purposes except relating to the display, sale, or purchase of the publications sold therein. I. Each such newsrack shall be maintained in a clean and neat condition and in good repair at all times. J. Notwithstanding the provisions of this section, if the director of public works finds that the location of a newsrack, in accordance with the standards set forth in this section, will create or allow a condition prohibited by any other section of this chapter or will otherwise endanger the public health or safety, the director of public works may prohibit such location of the news rack or may allow the location of the newsrack in a manner deviating from,or at variance with, the standards provided in this section, subject to such terms, conditions and regulations as the director of public works may deem necessary to protect the public peace, health, safety and welfare and to carry out the purposes and intent of this chapter. any time. 1. Such finding may be made by the director of public works at 2. If such finding is made prior to the issuance of a permit, the finding shall be set forth as a part of the permit at the time of its issuance. 3. If the finding is made subsequent to the issuance of a permit, a written notice of the finding of the director of public works shall be given to the owner or custodian of such newsrack with the direction that there shall be compliance with the findings of the director of public works within ten business days after the date of mailing such notice. 6 10.40.080 Standards of materials distributed. No publication offered for distribution from any newsrack placed or installed in, maintained on or relocated to any public sidewalk or parkway, shall be displayed or exhibit in any manner which exposes to public view from the street any of the following: A. Any statements or words describing explicit sexual acts, sexual organs or excrement, where such statement or words have as their purpose or effect, sexual arousal, gratification or affront. B. Any picture or illustration of genitals, pubic hair, perineums, anuses, or anal regions of any person, or any picture or illustration which has as its purpose or effect, sexual arousal, gratification or affront. C. Any picture or illustration depicting explicit sexual acts, where such picture or illustration has as its purpose or effect, sexual arousal, gratification or affront. "Explicit sexual acts" means depictions of sexual intercourse, oral copulation, bestiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of the genitals, where any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals or other acts of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region. D. For purposes of this section, no publication shall be considered displayed or exhibited if the newsrack in which it is placed is covered on all sides, except for a one inch wide vertical opening for the purpose of indicating the number of remaining publications, by opaque material preventing exposure to public view from the street. 10.40.090 Information required. Every person or custodian who places or maintains a newsrack on a public sidewalk or parkway within the city shall have his or her or its name, address, and telephone number affixed thereto in a place where such information may be easily seen and shall comply fully with the provisions of Section 17570 of the California Business and Professions Code as it exists on the effective date of the ordinance adopting this chapter, or as it may be hereafter amended. 10.40.100 Newsracks in violation of the regulations of this chapter. Upon a determination by the director of public works that a newsrack has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the condition will be issued to the owner and custodian of such newsrack. Such order shall be attached to said newsrack and confirmed by mailing a copy of such 7 order to the owner and custodian by certified mail, return receipt requested to the address stated in the permit application. The order shall be effective upon receipt of the order by the owner or custodian, or three business days following deposit of the order in the u.s. mail, whichever occurs first. The order shall specifically describe the offending condition and describe the actions necessary to correct it. Both the owner and the custodian shall be responsible for compliance with the order. If the newsrack is in such a condition or is placed so as to constitute an immediate danger to pedestrians, motorists or other persons, the director of public works may move the newsrack or take such other action, including removal, so as to alleviate the dangerous condition. Unless the determination of the director of public works is appealed, failure to properly correct the offending condition within ten business days after the date of mailing of the order shall result in the offending newsrack being removed and processed as unclaimed property under the applicable provisions of law relating thereto. If the offending newsrack is not properly identified as to the owner pursuant to the provisions of this chapter, such newsrack may be removed immediately and processed as unclaimed property under the applicable provisions of law. The director of public works shall cause an inspection to be made of the corrected condition or of the newsrack reinstalled after removal pursuant to the provisions of this section. The owner or custodian of such newsrack shall be charged an inspection fee for each such newsrack so inspected, which charge shall be in addition to all the other fees and charges required by law. The amount of the inspection fee shall be set by resolution of the city council. 10.40.110 Appeals. Any person or entity aggrieved by any finding, notice or action taken pursuant to the provisions of this chapter may appeal, and shall be apprised of his right to appeal, to the city manager (or the city manager's designee). The city manager's decision on the appeal shall be final. An appeal shall be perfected within ten business days after the receipt of the notice of any protested decision or action by filing with the office of the city manager a letter of appeal briefly stating the basis for such appeal. The hearing shall be held on a date no more than twenty days after the receipt of the letter of appeal. The appellant shall be given at least five days' notice of the time and place of the hearing. The city manager shall give the appellant, and any other interested party, a reasonable opportunity to be heard in order to show cause why the determination of the director of public works should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action proposed to be taken by the director of public works. At the conclusion of the hearing, the city manager shall make a final and conclusive determination in writing and the owner or custodian shall have ten business days after the date of the determination of the appeal to comply with the order of the city manager. 10.40.120 Restriction of displayed harmful matter to minors. Any person who knowingly displays, or causes to be displayed, harmful matter as defined in this chapter in any newsrack which is located on a public sidewalk, or any other public place from which minors are not excluded, is guilty of a 8 misdemeanor, unless such person places what is commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view and so that no harmful matter is exposed to public view. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this _ day of January, 2008. ~ HICKMAN MAYOR V VIAN M. MUNSON CITY CLERK 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1243 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 8th day of January 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 22nd day of January 2008, by the following roll call vote: AYES: MAYOR HICKMAN, MAYOR PRO TEM KELLEY, COUNCILMEMBER BUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE [_Ll__ VIVIAN M. MUNSON CITY CLERK 10 ORDINANCE NO. 1244 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-6 (HOLIDAY INN EXPRESS), AUTHORIZING THE LEVY OF A SPECIAL TAX WHEREAS, on December 11, 2007, the City Council (the "Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 2007-205 stating its intention to form the City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the City is authorized by law to construct, own or operate (the "Facilities"); and WHEREAS, notice was published as required by law relative to the intention of the Council to form the CFD; and - WHEREAS, on January 22, 2008, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, and the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 17 determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 18 which called an election within the CFD for January 22, 2008 on the levying of a special tax; and WHEREAS, on January 22, 2008, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A special tax (the "Special Tax") is levied within the boundaries of the CFD pursuant to the formulas set forth in Exhibit A attached hereto in an amount 1 necessary to pay all of the costs of providing the Facilities, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to any bonded indebtedness. SECTION 2. Pursuant to Section 53340 of the Act, this legislative body may provide, by resolution, for the levy of the Special Tax in the current tax year or future tax years at the same rate or at a lower rate than the rate provided by ordinance. SECTION 3. All of the collections of the Special Tax shall be used as provided for in the Act and Resolution No. 2008- 17 (Resolution of Formation). SECTION 4. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes; provided, however, the CFD may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. SECTION 5. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 6. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the council Members voting for and against the ordinance. SECTION 7. This ordinance relating to the levy of the Special Tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County. 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 12th day of February 2008. Atl .L~ VIVIAN M. MUNSON CITY CLERK STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify' that the foregoing Ordinance No. 1244 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 22nd day of January 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 12th day of February 2008, by the following roll call vote: AYES: MAYOR PRO TEM KELLEY, COUNCILMEMBER BUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABST AI N: NONE [ LL~ VIVIAN M. MUNSON CITY CLERK 3 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2007-6 OF THE CITY OF LAKE ELSINORE (HOLIDAY INN EXPRESS) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes of the City of lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express) ("CFD No. 2007-6"). The Special Tax shall be levied on and collected each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within CFD No. 2007 -6 unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other recorded County parcel map or similar instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number valid at the time the Special Tax is enrolled for the Fiscal Year for which the Special Tax is being levied. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Special Tax" means the Special Tax of that name described in Section 0 below. City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express) November 27,2007 Page 1 "Backup Special Tax" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Taxes for Facilities within CFD No. 2007-6 have been pledged. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for (i) determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax Requirement for Services, as defined in Section L, as applicable, and (iii) providing for the levy and collection of the Special Taxes. "CFD No. 2007-6" means Community Facilities District No. 2007-6 (Holiday Inn Express) established by the City under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2007-6, or its designee. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property, not classified as Approved Property, Undeveloped Property, Provisional Undeveloped Property that are not Exempt Property pursuant to the provisions of Section I. below: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit for new construction has been issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes pursuant to Section I, below. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express) November 27, 2007 Page 2 "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by CFD No. 2007-6 in any Fiscal Yearon any Assessor's Parcel. "Proportionately" means that the ratio of the actual Special Tax levy to the applicable Assigned Special Tax is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special Tax under step four of Section F, "Proportionately" in step four means that the quotient of (a) actual Special Tax less the Assigned Special Tax divided by (b) the Backup Special Tax less the Assigned Special Tax, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section I, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section I. "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2007-6 pursuant to the Act. "Special Tax Requirement" means $5,000 for FY 2008-09, and on each July 1, commencing July 1, 2009, shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 2007- 6, which have are not Exempt Property. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2008-09, each Assessor's Parcel within CFD No. 2007-6 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES 1. Developed Property The Maximum Special Tax for each Assessor's Parcel of Developed Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax. City of Lake Elsinore November 27. 2007 Community Facilities District No. 2007-6 (Holiday Inn Express) Page 3 2. Approved Property. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the applicable Assigned Special Tax. SECTION 0 ASSIGNED SPECIAL TAX FOR FACILITIES 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Developed Property shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2008-09 shall be $3,401.36 per Acre. 2. Approved Property. Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Special Tax. The Assigned Special Tax rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2008-09 shall be $3,401.46 per Acre. 3. Increase in the Assianed Special Tax On each July 1, commencing July 1, 2009, the Assigned Special Tax rate for Developed Property, Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. SECTION E BACKUP SPECIAL TAX The Backup Special Tax shall be calculated annually based on the annual Special Tax Requirement. The Special Tax Requirement shall be apportioned to each Assessor's Parcel based on Acreage. City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express) November 27,2007 Page 4 SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing Fiscal Year 2008-09 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at up to 100% of the Maximum Special Tax rates for Developed Property. If the amount of Special Taxes generated is greater than the Special Tax Requirement, the Special Taxes for each Assessor's Parcel shall be reduced Proportionately until the total Special Taxes equal the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. SECTION G PREPAYMENT OF SPECIAL TAX Prepayment of the special tax shall not be permitted. City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express) November 27, 2007 Page 5 SECTION H TERMINATION OF SPECIAL TAX The Special Tax shall cease not later than the 2047-2048 Fiscal Year, however, the Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on Bonds for which the Special Tax has been pledged have been paid; (ii) all authorized facilities for CFD No. 2007-6 have been acquired, (iii) no delinquent Special Taxes remain uncollected and (iv) all other obligations of CFD No. 2007-6 have been satisfied. SECTION I EXEMPTIONS The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 1.47 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 1.47 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 1.47 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F. SECTION J MANNER OF COLLECTION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2007-6 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express) November 27,2007 Page 6 SECTION K APPEALS Any property owner claiming that the amount or application ofthe Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the CFD Administrator's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration and levy of the Special Taxes and any landowner or resident's appeals. Any decision of the City Council shall be final and binding as to all persons. City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express) November 27,2007 Page 7 ORDINANCE NO. 1245 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.58 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING HOTELS AND MOTELS WHEREAS, City law enforcement personnel have requested that the City require hotel and motel guests to provide identification information upon occupancy; and WHEREAS, motels and hotels that require identification will protect the public from fraudulent credit card use and theft. Requiring identification upon check-in is a way that motels and hotels can ensure that a room was not booked with a stolen credit card; and WHEREAS, motel and hotel check-in identification protects the safety of guests by ensuring that that only registered, paid guests are admitted to hotel rooms, and prevents strangers or criminals from compromising the personal safety of those staying in the hotel or motel; and WHEREAS, the City Council desires to add Chapter 5.58 to the Lake Elsinore Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 5.58 is hereby added to the Lake Elsinore Municipal Code as follows: Chapter 5.58 Hotels and Motels 5.58.010. Guest registration required; preservation; to be open for inspection. Every manager or person in control of any inn, motel, hotel, transient apartment house, rooming house, lodging house, auto court or trailer park in the City shall keep at all times a register for the registration of transient guests. Such registration of guests shall be preserved for at least three (3) years, and every such register shall at all times be subject to inspection by every law enforcement officer of the City. 5.58.020. Duty of manager, identification. No manager or other person in control of any inn, motel, hotel, transient apartment house, rooming house, lodging house, auto court or trailer park in the City shall let or assign for temporary or transient occupancy any suite, room or bed in any such inn, hotel, apartment house, rooming house, lodging house, auto court or trailer park to any person until such person shall have registered his name and address in the register provided for in Section 5.58.010 to be kept, and until such register shall have been made to show correctly the year, month, day and hour of the arrival of such person thereat, and the number of the suite or room let and assigned to such guest. Said manager or person in control shall require identification of any guest, roomer or lodger, at the time of registration, and in a valid and current format showing the person's photograph, name and date of birth, and may be, but is not limited to, a driver's license, state, federal or military issued picture identification card, or such other form as will reasonably assure that the registrant is, in fact, the person under whose name such lodging, room, or accommodation is, in fact, being procured 5.58.030. Time of departure to be entered; alterations. The manager or person in control of an inn, motel, hotel, transient apartment house, rooming house, lodging house, auto court or trailer park in the City, shall, at all time of the departure of each guest, if such time is known, enter upon the register required by Section 5.58.010 the date and time of departure, or, if the exact time of departure is not known, the date and time that the fact of departure of each guest is ascertained, and shall not erase or alter, or suffer or permit to be erased or altered, any of these entries in the register. 5.58.040. Registration of guest vehicles. Every manager or person in control of any inn, motel, hotel, transient apartment house, rooming house, lodging house, auto court or trailer park in the City shall, in addition to other requirements of this Chapter, enter the make, type, license number and name of issuing state of any motor vehicle or vehicles in the immediate possession of each guest or guests, if such there be, in the register herein provided to be kept. 5.58.050. Report of renting room to minor. Any person, whether the owner, employee, agent or manager of any inn, motel, hotel, transient apartment house, rooming house, lodging house, auto court or trailer park in the City, who rents or lets any room or rooms or any trailer or trailers to be used on the premises and not removed therefrom or allows any such room or rooms or trailer or trailers to be occupied by any minor of less than eighteen (18) years of age, unless such minor is accompanied by his or her parent, parents or legal guardian, shall immediately by telephone and within twenty-four (24) hours by written and signed report notify the police department of such occurrence. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. 2 SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 12th day of Febru.9ry 2008. ATTEST: ( LL~ VIVIAN M. MUNSON CITY CLERK 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1245 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 22nd day of January 2008, 'and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 12th day of February 2008, by the following roll call vote: AYES: MAYOR PRO TEM KELLEY, COUNCILMEMBER BUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE C L L;6- VIVIAN M. MUNSON CITY CLERK 4 ORDINANCE NO. 1246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-07 WHEREAS, Spyglass Ranch LLC has submitted an application with the City of Lake Elsinore to change the City's official zoning map (the "Zone Change") from Single-Family Residential and General Commercial to Specific Plan for Assessors Parcel Numbers 377-250-011,377-350-004,007,008,010,014,015,016, 017, 377- 260-004 thru 006 (the "Property"); and WHEREAS, the proposed Zone Change conforms to and is consistent with the proposed General Plan Amendment No. 2005-06 that covers the property; and WHEREAS, on January 15, 2008, the Planning Commission of the City of Lake Elsinore considered the proposed Zone Change and recommended that the City Council of the City of Lake Elsinore approve the Zone Change; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving changes to the official zoning map; and WHEREAS, public notice of said application has been given, and the City Council of the City of Lake Elsinore has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council has considered the proposed Zone Change prior to approving Zone Change No. 2005-07. Section 2. That in accordance with the State Planning and Zoning Law, and the Lake Elsinore Municipal Code, the City Council of the City of Lake Elsinore makes the following findings for the approval of Zone Change No. 2005-07: 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed Zone Change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement of any future development. The proposed "Spyglass Ranch 1 SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. 2. The proposed Zone Change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The proposed zoning of Spyglass Ranch SP will allow for the continuation of the residential neighborhoods that already exist or are planned in the vicinity of the project site. 3. The proposed Zone Change would establish a land use density and usage more in character with the subject property's location, access, and constraints. The Zone Change proposes a boundary adjustment to allow for an integration of the Properly with the adjacent existing or planned residential developments. Section 3. Based upon all of the evidence presented, and the above findings, the City Council of the City of Lake Elsinore does hereby approve Zone Change No. 2005-07. Section 4. This ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this ordinance and cause this ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 11th day of March :2008. ~K~i; CITY OF LAKE ELSINORE ATrT: 'J-_ L L V'IVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1246 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 26th day of February , and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 11th day of March , by the following roll call vote: AYES: MAYOR DARYL HICKMAN, MAYOR PRO TEM GENIE KELLEY, l COUNCILMEMBER ROBERT MAGEE, COUNCILMEMBER ROBERT SCHIFFNER NOES: COUNCILMEMBER THOMAS BUCKLEY ABSENT: NONE ABSTAIN: NONE ( LL~ VIVIAN M. MUNSON CITY CLERK 3 ORDINANCE NO. 1247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2005-02 WHEREAS, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of Specific Plan No. 2005-02 for the project identified as the Spyglass Ranch Specific Plan (the "Project"); and WHEREAS, on January 15, 2008, the Planning Commission of the City of Lake Elsinore considered the proposed Specific Plan and recommended that the City Council of the City of Lake Elsinore approve the Specific Plan; and WHEREAS, the 259.6 acre project site is located on the east side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the "Project Site"); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Specific Plans; and WHEREAS, public notice of the Project has been given, and the City Council of the City of Lake Elsinore has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26,2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Prior to approving the project, the City Council of the City of Lake Elsinore has reviewed and analyzed Specific Plan No. 2005-02 pursuant to the Planning and Zoning Laws (Cal. Gov. Code 65000 et. seq.) and Chapter 17.99 of the Lake Elsinore Municipal Code ("LEMC"). Section 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Specific Plan No. 2005-02: 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. The Spyglass Ranch Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et. seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed location shall allow the development to be well integrated with or adequately buffered from its surroundings, whichever may be the case. The proposed project is appropriate to the site and surrounding developments in that the project will construct both single-family detached and multiple-family residential units in accordance with appropriate development and design standards contained in the Spyglass Ranch Specific Plan. The project creates interest and varying vistas as a person moves along any project street. The project also compliments the quality of existing neighborhood development and will continue to provide visually-pleasing design and architecture within the immediate area. 3. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The proposed Spyglass Ranch Specific Plan has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantify of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit and bicycle. 4. The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by Lake Elsinore Municipal Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The Final Specific Plan properly identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. The Final Specific Plan identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. In addition, the Specific Plan identifies two park sites for common use of the residents, and approximately 86 acres of open space for dedication and preservation. 5. The overall design of the Specific Plan will produce an attractive, efficient and stable development. The proposed Spyglass Ranch Specific Plan has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate residential area. The project, as proposed, will compliment the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing project, in that the proposed use has been reviewed to ensure adequate provision of screening from the public 2 rights-or-way or adjacent properties. The Spyglass Ranch Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, or will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a through review of the Specific Plan and have incorporated a/l applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of less than significant, or in the case where impacts remain significant; a statement of overriding considerations must be adopted to justify the merits of project implementation. Environmental Impact Report No. 2007-01 was adequately prepared and analyzed the environmental effects of the Specific Plan in accordance with the CEQA. Section 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore approve Specific Plan No. 2005-02. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. Section 4. This ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this ordinance and cause this ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 11th day of March 2008. :23tldiOR CITY OF LAKE ELSINORE AT~: ~- L Lp-- VI IAN M. MUNSON CITY CLERK 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1247 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 26th day of February 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 11th day of March 2008, by the following roll call vote: AYES: MAYOR DARYL HICKMAN, MAYOR PRO TEM GENIE KELLEY, COUNCILMEMBER ROBERT MAGEE, COUNCILMEMBER ROBERT SCHIFFNER NOES: COUNCILMEMBER THOMAS BUCKLEY ABSENT: NONE ABST AI N: NONE ( v'- l. L~ VIVIAN M. MUNSON CITY CLERK 4 PLANNING DEPARTMENT General Conditions 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the MSHCP Consistency Findings, General Plan Amendment No. 2005-06, Zone Change No. 2005-07, and Specific Plan No. 2005-02 for the Spyglass Ranch Specific Plan project attached hereto. 2. The applicant shall deliver to the Planning Department two (2) cashier's check or money orders to the City within 48 hours of project approval for the filing of the Notice of Determination. The first check shall be in the amount of $2,606.75 and made payable to California department of Fish and Game. The second check shall be in the amount of $64.00 and made payable to the Riverside County Clerk. 3. The Applicant shall comply with all applicable mitigation measures listed in the Mitigation Monitoring Program associated with the Environmental Impact Report for the Spyglass Ranch Specific Plan. 4. The applicant shall comply with any/all requirements of the Lake Elsinore Unified School District. 5. The applicant shall comply with any/all requirements of the Riverside County Flood Control and Water Conservation District. 6. The applicant shall comply with any/all requirements of the Department of the Army Los Angeles District Corps of Engineers. 7. Any modification (Le. changes to residential density, development standards, housing product location, etc.) to the Spyglass Ranch Specific Plan will require a Specific Plan Amendment approved by the City of Lake Elsinore City Council. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 2 OF 17 8. The applic3nt sh311 be in full compliance with Caltr3ns requirements prior to reoordation of the first tr3ct1parceI map within the Spygl::lss Ranch Specific P-taR. The applicant shall comply with anylall requirements of the California Department of Transportation (CAL TRANS). (Condition was modified by the PlanninQ Commission on 1-15-08) Zone Change No. 2005-07 9. Future development shall comply with those standards and guidelines contained within the Spyglass Ranch Specific Plan. Specific Plan No. 2005-02 10. All future development shall comply with those standards and guidelines contained in the Spyglass Ranch Specific Plan. 11. Those issues, standards, guidelines, etc, not addressed in the Spyglass Ranch Specific Plan will revert to the Lake Elsinore Municipal Code and/or Zoning Code in effect at the time future development within the Spyglass Ranch Specific Plan are proposed. 12. The applicant shall provide all project-related on-site and off-site improvements as described in the Spyglass Ranch Specific Plan document. 13. The Draft Spyglass Ranch Specific Plan document shall be revised to incorporate the following modifications and corrections and all changes required by the Planning Commission and/or City Council: a. The 11 foot wide medians shO'.\'n on page 3 37 along both Camino Del Norte and Elsinore Hills Drive (Road) shall be revised to be fully I::lndscaped and irrigated raised medians subject to the re'lie'N and approv3/ of the City's L3ndsc3po Architect consultant and Engineering Department. Any raised medians along Camino Del Norte and Elsinore Hills Drive (Road) shall be fully landscaped and irrigated subject to the review and approval of the City's Landscape Architect consultant and the Engineering Division. (Condition was modified by the Planning Commission on 1-15-08) b. Figure IV-39 shall be revised to more clearly denote the specific location of all masonry walls both within and on the perimeter of the specific plan boundary. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 3 OF 17 c. The text discussion on Page -1 72 for project walls, piklster theme 'N:llls :lnd interior priv:lcy 'Nalls shall be revised to m:ltch the design det:lils shown on Figure IV 40. In :lddition, the text and figures shall be modified to indicate that all streetscape walls :llong major roadways sholl be constructed as green 'Nalls using precision block, vines and necessary irrigation. Stone faced pilasters 'Nith pre cast concrete caps shall be provided seventy five feet on center. In :lddition, no pl:lin precision block walls shall be utilized along any streets visible from the public within the development. The text discussion on Page 4-68 for project walls, pilaster theme walls and interior privacy walls shall be revised to match the design details shown on Figure IV-35. Pilasters with decorative caps shall be provided at property line/wall terminus and every seventy-five feet (75') on center. In addition, no plain precision block walls shall be utilized along any streets visible from the public within the development. (Condition was modified bv the PlanninQ Commission on 1-15-08) d. The toxt discussion on page"" 71 and Figure IV 35 shall be revised to denote the use of stone faced pilasters 'Nith a pre cast concrete cap to be located every one hundred feet on center along interior block privacy walls \Nhich abut private roads 'Nithin the development. The text discussion on page 4-71 and Figure IV-35 shall be revised to denote the use of pilasters with a decorative cap to be located every one-hundred-fifty feet (150') on center and at property line/wall terminus along interior block privacy walls which abut private roads within the development. (Condition was modified bv the PlanninQ Commission on 1-15-08) e. The text shall be revised to include a detailed discussion regarding maintenance responsibilities for streetscapes, roads, maintained slopes, and parks throughout the development. In addition, a maintenance plan shall be added as a figure showing specific maintenance responsibility areas within the development. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 4 OF 17 f. Table V 1 shall be revised to require a minimum of one (1) guest parking space per three (3) units. In addition, some guest parking shall be provided for the proposed courty::ud home produots. The specific number of parking spaces shall be revie'Ned :md approved by the Diroctor of Community Development or designee. Table V-2 shall be revised to require a minimum of one (1) guest parking space per three (3) units. In addition, some guest parking shall be provided for the proposed courtyard home products. The specific number of parking spaces shall be reviewed and approved by the Director of Community Development or designee. (Condition was modified bv the Planning Commission on 1-15-08) 14. A Final Spyglass Ranch Specific Plan document shall be submitted for review and approval by the Community Development Director or designee prior to the submittal of any design review, tentative parcel or tract map application. No permit shall be issued until the Spyglass Ranch Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee. 15. Future development shall comply with those standards and guidelines contained in the Spyglass Ranch Specific Plan document. 16. Those issues, standards, guidelines, etc. not addressed in the Spyglass Ranch Specific Plan will revert to the City Municipal Code and/or Zoning Code in effect at the time future projects are proposed. 17. The applicant shall participate and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 18. A detailed noise mitigation analysis shall be performed, at the final map stage (for individual planning areas) for all future sensitive noise uses potentially exposed to noise levels in excess of 50dS CNEL to verify that planned noise protection will meet City of Lake Elsinore standards. 19. The applicant shall provide all project-related on-site and off-site improvements as described in these Conditions of Approval or the Spyglass Ranch Specific Plan document. 20. Prior to approval of a design review or tentative map for individual planning areas, the developer and City staff will review plans for multi-family housing areas, commercial uses, and parks for the provision of appropriate, necessary Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 5 OF 17 and adequate pedestrian and bicycle facilities. 21. The developer or the developer's successor in-interest shall be responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. 22. 1\11 stroetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit 'Nithin Phase 1 of project development as identified on the approved landscape plans. The applicant shall submit a revised Spyglass Ranch Specific Plan, which labels in the table of contents and incorporates the City Council approved Conditions of Approval for the Spyglass Ranch Specific Plan within the document. (Condition was modified bv the Planninq Commission on 1-15-08). 22(a). The applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that Planning Areas 5 & 6 of the Spyglass Ranch Specific Plan have a density not to exceed twenty (20) dwelling units to the acre. (Condition of Approval was added by the City Council of the Citv of Lake Elsinore on 2-26-08). 22(b). The applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that plexi-glass view fencing is an available design criteria option for fencing within the Spyglass Ranch Specific Plan. (Condition was added by the City Council of the City of Lake Elsinore on 2-26-08). ENGINEERING DIVISION GENERAL REQUIREMENTS 23. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 6 OF 17 24. Prior to commencement of grading operations, the applicant is to provide to the City a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to the issuance of a grading permit. (Condition was modified by the Planning Commission on 1-15-08). 25. An Encroachment Permit shall be obtained prior to any work on City and/or State right-of-way. 26. Any grading that affects "waters of the United States", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 27. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be under grounded. 28. All underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 29. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 30. The applicant shall coordinate with Riverside County Transit Authority for location and installation of bus transit facilities. 31. The applicant shall pay all development fees, including but not all inclusive: TUMF, MSHCP, TIF, and Area Drainage Fees. 32. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be provided. 33. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 7 OF 17 scheduled and approved. 35. 1\11 slopes ::md I3ndscaping within public right of way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City. (Condition VIas modified by the PJanninfl Commission on 1 15 (8). All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. (Condition was modified by the City Council on 1-26-08). 36. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by property owner or property owner's association. 37. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 38. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 39. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. (Condition was modified bv the Planninq Commission on 1-15-08). - 40. All roof drains shall not be allowed to outlet directly through coring in the street curb. All roofs should drain to a landscaped area. 41. The applicant shall comply with all NPDES requirements in effect; including Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 8 OF 17 the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 42. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 43. The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 44. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. 45. The applic~lnt shall construct full street improvements and dedicate additional right of way on Camino Del Norte, along the project frontage, such that the ultimate right of 'Nay width conforms to the General Plan street right of way cross sections. The cross section of road'Nay improvements with a raised median, parkway, street lights, and multiuse trail shall be consistent 'Nith other proposed development on Camino Del Norte, as rocommended by the City. The road improvements for Camino Del Norte shall be consistent 'Nith the approved Traffic Study dated Octobor 11, 2996 April 29, 2007 and the General Plan Circulation Plan. (Condition VI-3S modified by the PkJnninQ Commission on 1 15 DB). The applicant shall construct full street improvements and dedicate additional right-of-way on Camino Del Norte, along the project frontage, such that the ultimate right-of-way width conforms to the General Plan Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 9 OF 17 street right-of-way cross-sections. The cross section of roadway improvements with a raised median a raised median (if applicable)" parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the approved Traffic Study dated October 11, 2996 April 29, 2007 and the General Plan Circulation Plan. (Condition was modified bv the Planning Commission on 2-26-08) 46. The applicant shall construct tull street improvements and dedicate the right- ot-way on Elsinore Hills Road per General Plan street right-ot-way requirements. The cross section ot roadway improvements with a raised median, parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as required by the General Plan. 47. The applicant shall be responsible tor acquiring right-ot-ways in which the applicant or the City has no legal title or interest. It the applicant is unsuccesstul in acquiring such rig ht-ot-ways , the City could assist the applicant in the Eminent Domain process at the applicant's cost. 48. All streets shall be constructed per Riverside County Standards. Any deviation from Riverside County standards shall be approved by the City Engineer. 49. The applicant shall implement mitigation measures identified in the approved Traffic Study dated April 29, 2007. (Condition of Approval was modified on 1-15-08). 50. The applicant shall construct the traffic signals at Main/115 S8 and N 8 on/off ramps, Camino del Norte/Main Street, Camino del Norte/Elsinore Hills Road, Camino del Norte/La Strada. 51. The applicant shall participate in "fair share" payment of off-site improvements as described in Table 10 ot the approved Traffic Study dated October 11, 2006. - 52. The applicant shall submit street improvement plans prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 10 OF 17 53. The applicant shall provide signing and striping plans for the required improvements of this project. 54. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. Any request for reimbursement or credits shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 55. This project shall provide trail and roadway connections to adjacent developments unless otherwise deemed unfeasible as concurred by the city. 56. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the 115/Main Street Interchange Upgrade, additional right of way could be required along Camino Del Norte. 57. The applicant shall submit a WQMP of the project for City's review and approval. PRIOR TO ISSUANCE OF A GRADING PERMIT 58. The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 59. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 60. /\11 construction Project access ::md h3uling route sh::lIl be submitted 3nd approved by the City Engineer. (Condition was deleted bv the Planninq Commission on 1-15-08). 61. The applicant shall provide soils, geology and seismic report including street design recommendations. The applicant shall provide a final soils report showing compliance with recommendations. 62. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously submitted. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 11 OF 17 63. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading, improvements, and/or drainage acceptance from the adjacent property owners, prior to grading permit issuance. 64. The applicant shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and/or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 65. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2-to-1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 66. The applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 67. The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 68. All Public Works requirements shall be complied with as a condition of this development and as specified in the Lake Elsinore Municipal Code (LEMC), prior to building permit issuance. 69. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the approved Traffic Study dated April 29, 2007). (Condition was modified bv the Planning Commission on 1-15-08). Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 12 OF 17 70. The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. The applicant shall submit this letter, prior to applying for a building permit. 71. The 3pplic:mt sh311 show th3t no structures, 13ndsc3ping, or equipment are loc3ted near the project entranoe that minimizes sight distance standards. (Condition was deleted bv the Planning Commission on 1-15-08). 72. The applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). PRIOR TO THE ISSUANCE OF A CERTIFICA TE OF OCCUPANCY 73. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of onsite and/or off- site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before issuance of a Certificate of Occupancy. 74. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 13 OF 17 75. Tho traffic signals shall be installed per the approved Traffic Study dated April 29, 2007. at the following locations shall be completed prior to first issuance of Certificate of Occupancy. The tr3ffic signal loc3tions 3re Camino Del Norte/Elsinoro Hills R03d, 3t C3mino del Norte/Main Street, at Main Street/I15 NB on off r3mps, 3t M3in Street/I15 SB on off ramps 3nd 3t Camino Del Norte/L3 Str3d3. The developer m3Y request the completion of some sign31s 3t 3 higher occup3ncy threshold 3S determined by a specific technic31 study 3nd 3pproved by the City Engineer. (Condition W3S modified bv the PJanninQ Commission on 1 15 08). The traffic signals shall be installed per the approved Traffic Study dated April 29, 2007. at the following locations shall be completed prior to first issuance of Certificate of Occupancy. The traffic signal locations are Camino Del NortelElsinore Hills Road, at Camino del Norte!Main Street, at Main Streetll15 NB on off ramps, at Main Streotll15 SB on off ramps and at Camino Del NortelLa Strada. The developer may request the completion of some signals at a higher occupancy threshold as determined by a specific technical study and approved by the City Engineer. (Condition was modified bv the City Council on (2-26-08). 76. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 77. All public improvements shall be completed in 3ccordance with the approved plans or 3S condition of this development to the s3tisf-action of the City Engineer. All streetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit within Phase 1 of project development as identified on the approved landscape plans. (Condition was modified bv the City Council on 2-26-08). 78. The fair share cost of future improvements as a condition of this development shall be paid. 79. All water and sewer improvements shall be completed in accordance with the applicable Water District requirements. 80. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 14 OF 17 81. R~ilro~d Benefit District Cost ~nd TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. (Condition of approval was modified bv the Planninq Commission on 1-15-08). 82. As-built plans shall be completed and signed by the City Engineer. 83. All improvement plans shall be digitized. The applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing the plans. ADMINISTRA TIVE SERVICES DEPARMENT 85. On Table VI-3 (Public Financing Summary) of the Spyglass Ranch Specific Plan; the applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that the check mark under Community Facilities District or Assessment District next to Dry Utilities is removed from the document. Dry utilities are not fundable through a CFD or AD in the City of Lake Elsinore because they are not publicly owned. The revised Spyglass Ranch Specific Plan shall be resubmitted to the Community Development Department prior to the issuance of a building permit. Annex into CFD 2003-1 86. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Communities Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City of Lake Elsinore. Annex into LLMD No.1 87. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District NO.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Fire Station Impact Fee and Other Impact Fees 88. Upon completion of the Fire Station Impact Study and other impact fee studies; the Developer shall pay the impact fee. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 15 OF 17 CFD for Park. Parkway. Open Space and Storm Drain Maintenance 89. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello- Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space, and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. RECREA TION AND PARKS DEPARTMENT 90. The City is to maintain all landscape improvements in the public right-of-way for Camino Del Norte and Elsinore Hills Drive including all primary (pages 4- 28) and neighborhood entry (pages 4-29) monumentation signage and areas. 91. The Home Owner's Association is to maintain all internal street landscaping including all natural and manufactured slopes. 92. The Home Owner's Association or another maintenance entity approved y the City is to maintain all open space areas. (Condition v/as modified by the Pl3nninq Commission OR 11508). The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all open space areas. (Condition was modified bv the Planning Commission on 2-26-08). 93. The Home Owner's Association or another maintenance entity approved by the City is to maintain all exterior 'Nalls including those facing main arterials (i.e. Camino Del Norte, Elsinore Hills Drive, Etc.) (Condition was modified bv the Pl3nninfl Commission OR 1 15 OB). The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all exterior walls including those facing main arterials (Le. Camino Del Norte, Elsinore Hills Drive, Etc.) (Condition was modified by the City Council on (2-26-08). 94. The Home Owner's Association or another maintenance entity approved by the City is to maintain all flO'.... control/drainage facilities and structures. (Condition W3S modified by the Planning Commission on 1 15 OB). Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 16 OF 17 The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all flow control/drainage facilities and structures. (Condition was modified by the City Council on (2-26-08). 95. The Home O'Nner's Associ::ltion or another maintenance entity appro':ed by the City is to m3int3in 311 private p3rks (PA 3, PA 13) and common aro3S. (Condition VJ3S modified bv the Planning Commission on 1 15 08). The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all private parks (PA 3, PA 13) and common areas. (Condition was modified by the PlanninQ Commission on 1-15-08). 96. The applicant Sh311 construct 3 minimum 2.5 acre private p3rk to be maintained by the HOI\ in the North\vest (P^ 1 and P^ 2) 3re3 of the development. (Condition was deleted by the PlanninQ Commission on 1- 15-08). 97. The applicant shall convey the 3.4 acre park site identified in Planning Area 7 to the City, and utilize park fees generated by the development for the construction of the park site to include the remodel/rehabilitation of the historical residence as part of the park. 98. The applicant shall utilize the City's Landscape Architect for the design and implementation plan for the community park in PA 7. 99. The applicant shall provide a trails diagram outlining proposed trail locations and utility easement locations as part of the development of the trail system. 100. The applicant shall comply with all NPDES storm water requirements. 101. The applicant shall provide the City with an inventory of all street signs, street markings, street trees, fire hydrants, etc. and total square-footage of all streets in a digital format acceptable to the City. 102. The applicant shall meet all City curb, gutter, and sidewalk requirements. 103. The applicant shall comply with all City ordinances and requirements regarding construction debris and removal and recycling, as per Section 8.32 of the Lake Elsinore Municipal Code. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 17 OF 17 104. The City shall review and approve all park development and implementation plans. 105. The City's Landscape Architect is to review all landscape and/or irrigation plans. 106. The applicant shall pay park fees based on the Quimby Act requirement. City will provide Park Capital Improvement Fund Fees for future calculation. 107. The applicant shall be required to participate in the City-wide LLMD. 108. The applicant shall be required to participate/annex into the LLMD District 1 for all exterior landscaping to be maintained by the City. 109. The applicant shall be required to participate in the "Public Facility" program. 110. The applicant shall utilize CFD funds for the construction of all parks in the development. 111. The applicant shall construct the community park prior to the issuance of the 100th Certificate of Occupancy. RIVERSIDE COUNTY FIRE DEPARTMENT 112. The Applicant shall comply with all of the attached Riverside County Fire Department conditions and standards. RIVERSIDE COUNTY SHERIFFS DEPARTMENT 113. The Applicant shall comply with any/all requirements of the Riverside County Sheriff Department. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 ORDINANCE NO. 1248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.37 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT WHEREAS, the Planning and Zoning Law authorizes the legislative body of a city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and open space; and WHEREAS, the City of Lake Elsinore wishes to provide a uniform and comprehensive set of standards for the establishment and implementation of a Planned Unit Development (PUD) Overlay District which can be applied throughout the City of Lake Elsinore; and WHEREAS, based on evidence presented by the Community Development Department and other interested parties at a duly noticed public hearing on February 19, 2008, regarding the proposed PUD Overlay District, the Planning Commission recommended that the City Council approve the ordinance adopting the PUD Overlay District; and WHEREAS, at a duly noticed public hearing, held on February 26, 2008, the City Council considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties regarding the proposed PUD Overlay District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: Section 1. That Chapter 17.37 of the Lake Elsinore Municipal Code be added as follows: Chapter 17.37 PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Sections: 17.37.010 17.37.020 17.37.030 17.37.040 17.37.050 17.37.060 17.37.070 Purpose Short Title Applicability Permitted Uses Application Process Findings Term, Extensions, Amendments, Minor Modifications and Repeal of Approved PUD Plans. 1 17.37.080 Approved Planned Development Overlays. 17.37.010 Purpose. The Planned Unit Development (PUD) Overlay District establishes a process to permit creative mix of uses within a physically integrated and contiguous area that is smaller than generally appropriate for a specific plan. The PUD Overlay District is intended to provide a mechanism to allow for flexibility in the development regulations and design standards of the underlying base district and to allow the mixing and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the general plan can best be achieved. The underlying assumption is that in certain areas any use could be permitted in conjunction with another use; provided, that through proper planning, buffering and design of the project, potential incompatibilities are mitigated or eliminated. It is the intent of the PUD Overlay District to provide an opportunity for combining residential, retail, commercial and office uses within a single structure or by clustering such uses in close proximity to each other. This mix of land uses promotes multiple activities, such as residential and business activities, and an increased degree of pedestrian orientation on suitable sites consistent with general plan objectives beneficial to the community. Residential units located near retail, office or industrial uses can provide housing close to potential employment opportunities, and therefore, reduce vehicular commuting trips. 17.37.020 Short Title. This chapter shall be known and may be cited as the Lake Elsinore PUD Overlay Zoning Ordinance. 17.37.030 Applicability. The PUD Overlay District may be applied to any property of a minimum area of one net acre within any zoning district throughout the City of Lake Elsinore. 17.37.040 Permitted Uses. Permitted, accessory and conditional uses within a PUD are generally the same as those allowed within the underlying base zoning districts. However, the PUD may include combinations of other uses that may complement the uses of the underlying base zoning districts. The permitted uses shall be those approved in the PUD Plan. 17.37.050 Application Process. Applications for PUD designations shall be accompanied by a zoning amendment request and a PUD Plan. A. The procedures for applying the planned unit development overlay zoning district to any properties shall be the same as described in Section 17.84 for zoning amendments. B. When a PUD Overlay District application is filed, the applicant shall also concurrently file a PUD Plan containing, but not limited to, the following information prepared and endorsed by a professional team: 2 1. A site plan, showing building(s), various functional use areas, parking and circulation. 2. The development standards for PUDs are generally the same as for the underlying base zoning district. However, modifications to those standards may be approved as part of the PUD Plan in order to allow for greater flexibility and compatibility with the general plan. Variations to the base standards shall be described in the PUD Plan. Examples of development standards, include, but are not limited to, building heights, setbacks and parking requirements. 3. Preliminary building plans, including floor plans and exterior elevations. 4. Landscaping plans, including a plant palette. 5. Lighting and signage plans. 6. Civil engineering plans, including site grading, public rights-of-way and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines. 7. Proposed use and occupancy, construction type, building height and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines. 8. Other information or applicable materials as may be deemed necessary by the Director. C. Notices and Public Hearings. Notices and public hearings regarding an application for a PUD and PUD Plan, or a modification to an approved PUD Plan, shall be provided in compliance with Chapter 17.92 (Hearings). D. Review Authority. A PUD Plan shall be approved by the adoption of an ordinance or disapproved by a resolution of the City Council, after consideration of the Planning Commission's recommendation. 17.37.060 Findings. The Planning Commission, in conjunction with a public hearing, shall review and make recommendations to the City Council regarding the PUD Plan. The City Council, after a public hearing, may approve, conditionally approve, or disapprove a PUD Plan. A PUD Plan may be approved, provided the facts submitted and evaluated during the review process support the following findings: A. The proposed PUD Plan can be substantially completed within four (4) years. 3 B. The proposed development is capable of creating an environment of sustained desirability and stability, or adequate assurance will be provided such objective will be attained. C. The proposed uses will not be substantially detrimental to present and potential surrounding uses, but will have a beneficial effect. D. The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic, and the development will not generate traffic that will overload the adjacent street network. E. The proposed development is compatible with the surrounding area. F. The types and locations of any proposed commercial development can be economically justified. G. The PUD Plan is in conformance with the General Plan, or a concurrent General Plan amendment in process. H. The mix of uses provides an increase in housing opportunities for the community and implements the objectives of the Housing Element of the General Plan. I. Any exception from the standards and requirements of this Title is warranted by the design and amenities incorporated into the PUD Plan. The exceptions are also desired by the City Council. J. proposed uses. Existing and proposed utility services are adequate for the K. The PUD Plan has complied with all applicable City requirements. 17.37.070 Term, Extensions, Amendments, Minor Modifications and Repeal of Approved PUD Plans. A. Term. An approved PUD Plan shall expire four (4) years from the date it was approved by the City Council. B. Extensions. The four (4) year term for a PUD Plan may be extended in one (1) year increments, not to exceed three (3) extensions, provided that the applicant submits a written extension request to the Community Development Department at least thirty (30) days before the expiration of the PUD Plan, or any extension thereof. Extension requests shall explain the reasons why the extension is necessary. Upon receipt of the extension request, the Community Development Director or designee shall refer the extension request to the Planning Commission and 4 City Council for public hearing. It shall be in the City Council's discretion whether or not to grant extension requests. C. Amendment. Amendments to approved PUD Plans shall follow the same procedure that was followed when the plan was adopted. D. Minor Modifications. The Director of Community Development may administratively approve minor changes or alterations to an approved PUD Plan, subject to appeal which shall be filed within fifteen (15) days of the Director's decision, provided the Director makes the following findings: 1. The proposed changes are consistent with the intent of the approved PUD Plan. 2. The proposed changes will not adversely impact the environment. 3. The proposed changes will not be detrimental to the surrounding uses. 4. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development. 5. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved PUD Plan. If the Director determines that the above findings cannot be made, then the request shall be considered a major change, and referred to the Planning Commission for review at a public hearing, and to City Council for review at a public hearing. E. Repeal. Any adopted PUD Plan may be repealed by the same procedure as the PUD plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a PUD, the City Council, with a recommendation from the Planning Commission, shall find that the PUD is no longer necessary for the orderly and systematic implementation of the general plan. The repealing ordinance shall include provisions for the immediate application of appropriate zoning to the area covered by the repealed plan. 17.37.080 Approved Planned Unit Development Overlays. The following PUD overlays cannot be effectively incorporated into the municipal code, have been approved by the City and are designated on the official zoning map of the City: Reserved 5 Future PUD overlays shall be numbered consecutively, whether incorporated into the municipal code or adopted as uncodified ordinances, and shown on the official zoning map of the city with the prefix "PUD". SECTION 2. Severability. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 11th day of March 2007. . ~L~i;R CITY OF LAKE ELSINORE T: L. L IVIAN M. MUNSO CITY CLERK APPROVED AS TO FORM: 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1248 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 26th day of February , and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 11th day of March 2008 , by the following roll call vote: AYES: MAYOR HICKMAN, MAYOR PRO TEM KELLEY, COUNCILMEMBER BUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (' V.. L, L;>- VIVIAN M. MUNSON CITY CLERK 7 ORDINANCE NO. 1249 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ELIMINATING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. II AND NO. III WHEREAS, the Lake Elsinore Redevelopment Agency ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California) ("CRL"); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plans ("Redevelopment Plans") for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III ("Project Areas") which were adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ("City Council"), by Ordinance No. 607 on September 23, 1980 and thereafter amended by Ordinance No. 624 on July 20, 1981 (Project Area No. I), by Ordinance 671 on July 18, 1983 (Project Area No. II), and by Ordinance No. 815 on September 8,1987 (Project Area No. III); and WHEREAS, by Ordinance No. 987 adopted on November 8, 1994, the City Council, among other actions, added certain provisions and limitations to the Redevelopment Plans as required by amendments to CRL Section 33333.6 enacted by AS 1290, including (i) the time limit as to the effectiveness of each Redevelopment Plan, (ii) the time limit to receive property taxes to repay indebtedness in each Project Area, and (iii) the establishment of the time limit after which the Agency may not incur debt in conjunction with implementation of each Redevelopment Plan; and WHEREAS, in calculating the time limits for the effectiveness of the Redevelopment Plans and receipt of property tax increment to repay indebtedness, the City Council intended by its adoption of Ordinance No. 987 to incorporate the time limits authorized by CRL Section 33333.6 as amended by AS 1290 which permits the Redevelopment Plans to expire 40 years after the date of adoption and permits the Redevelopment Agency to receive property tax increment to repay indebtedness for 10 years after the termination of the applicable Redevelopment Plan, but due to technical errors in such calculations, Ordinance No. 987 included certain incorrect dates; and WHEREAS, in extending the effectiveness of the Redevelopment Plans and time limit to receive property tax increment, Ordinance No. 987 states that the applicable deadlines shall apply "except to the extent that a longer period of time may be allowed pursuant to Section 33333.6 or other provisions of the Community 1 Redevelopment Law" and the City Council desires by this Ordinance to correct nunc pro tunc the time limits specified in Ordinance No. 987 consistent with the provisions of Section 33333.6 and the intent of the City Council; and WHEREAS, CRL Section 33333.6(e)(2) was amended by the California legislature by Senate Bill 211, effective January 1, 2002, to provide that as to redevelopment plans originally adopted pre-January 1, 1994 the City Council may enact an ordinance eliminating the deadline on incurring indebtedness formerly required by CRL Section 33333.6, and to further provide that such ordinance may be adopted without compliance with CRL Section 33354.6 or Article 12 of the CRL, except that the redevelopment agency must begin making certain payments of portions of the Agency's tax increment to affected taxing entities required by CRL Section 33607.7 commencing from the date the applicable redevelopment plan reaches the previously existing deadline to incur debt; and WHEREAS, pursuant to Section 33333.6(e)(2) of the CRL, the Agency desires to eliminate the time limit to incur debt in Project Area No. I immediately in order to implement the purposes, goals and objectives of the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I, including the urgency to fund the acquisition of real property declared by the Agency to be necessary and beneficial for the implementation of the Redevelopment Plan and in furtherance of the health, safety and welfare of the community; and WHEREAS, CRL Section 33333.6(e)(4) was also amended by Senate Bill 211, effective January 1, 2002, to similarly provide that City Council may enact an ordinance eliminating the deadline on incurring loans, advances and indebtedness paid solely from the Agency's Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's affordable housing obligations formerly required by CRL Section 33333.6 without compliance with CRL Section 33354.6 or Article 12 of the CRL and without triggering the obligations to make payments to affected taxing entities under CRL Section 33607.7; and WHEREAS, pursuant to Section 33333.6(e)(4) of the CRL, the Agency desires to eliminate the time limit to incur debt in Project Areas No. II and No. III paid from the Agency's Low and Moderate Income Housing Fund in order to fulfill the Agency's affordable housing purposes; and WHEREAS, Section 33681.9 of the CRL was added by Senate Bill 1045 effective September 1, 2003, requiring the Agency to make a payment during fiscal year 2003-04 for deposit into Riverside County's Educational Revenue Augmentation Fund (an "ERAF Payment"); and WHEREAS, Senate Bill 1045 also added Section 33333.6(e)(2)(C) to the CRL to provide that when an agency is required to make the ERAF Payment pursuant to Section 33681.9, the City Council may amend the applicable Redevelopment Plans by Ordinance without compliance with CRL Section 33354.6 or Article 12 of the CRL to 2 extend by one year the time limit of the effectiveness of the Plans and the time limit to repay indebtedness; and WHEREAS, the Agency was required to make ERAF Payments in fiscal year 2003-04 from each of the Project Areas and desires to amend the Redevelopment Plans as permitted by Section 33333.6(e)(2)(C); and WHEREAS, the enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(4) (California Code of Regulations Section 15378(b)(4)) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The time limits specified in Ordinance No. 987 for the effectiveness of the Redevelopment Plans and the receipt of property tax increment to repay debt are restated nunc pro tunc and further amended and extended by one year in accordance with Section 3333.6(e)(2)(C) of the CRL as follows: A. The Effective Date of the Redevelopment Plan for the Original Lake Elsinore Rancho Laguna Redevelopment Project Area No. I is extended from September 23, 2020 to September 23, 2021, and the Agency's ability to repay indebtedness from tax increment from the original Project Area is extended from September 23,2030 to September 23,2031. B. The Effective Date of Amendment No.1 to the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I is extended from July 20, 2021 to July 20, 2022, and the Agency's ability to repay indebtedness from tax increment from the area added by Amendment No.1 is extended to from July 20,2031 to July 20,2032. C. The Effective Date of the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. II is extended from July 18, 2023 to July 18, 2024, and the Agency's ability to repay debt from tax increment from the Project Area is extended from July 18, 2033 to July 18, 2034. D. The Effective Date of the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. III is extended from September 8, 2027 to September 8, 2028 and the Agency's ability to repay debt from tax increment form the Project Area is extended from September 8, 2037 to September 8, 2038. 3 SECTION 2. The time limit of January 1, 2004, established by Ordinance No. 987 to incur debt set forth in the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I and the implementation for all redevelopment purposes pursuant thereto is hereby eliminated and the Agency is hereby authorized to incur indebtedness and any other obligations with respect to the Redevelopment Plan in accordance with all remaining provisions of such Redevelopment Plan at any time during which the Redevelopment Plan is effective. SECTION 3. The time limit of January 1, 2004, established by Ordinance No. 987 to incur debt set forth in the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. II is hereby eliminated for purposes of incurring loans, advances and indebtedness paid solely from the Agency's Low and Moderate Income Housing Fund and the Agency is hereby authorized to incur or establish more debt in order to fulfill the Agency's affordable housing obligations any time during which the Redevelopment Plan is effective or as otherwise permitted by the CRL. SECTION 5. The City Clerk is hereby authorized and directed to file a Notice of Exemption with the County of Riverside pursuant to CEQA Guidelines Section 15094. SECTION 6. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 8. This Ordinance shall take immediately upon passage by a four-fifths vote of the City Council. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 26th day of February 2008. 'iAJh~ ~~CKMAN,MAYOR CITY OF LAKE ELSINORE L IVIAN M. MUNSON CITY CLERK 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Urgency Ordinance No. 1249 was passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 26th day of February 2008, by the following roll call vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Council Members Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSENT: None ABSTAIN: None V'M~~~O:;- CITY CLERK 5 ORDINANCE NO. 1250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 9.96.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SPEED LIMITS WITHIN THE DESIGNATED HIGH SPEED ZONE WHEREAS, the City desires to provide various recreational uses on the waters of Lake Elsinore; and WHEREAS, such divergent recreational uses may present inherent safety issues requiring the City to regulate the time, place and manner of such uses so that all recreational uses have a reasonable opportunity to enjoy the benefits of the Lake in a safe manner; and WHEREAS, the City seeks to regulate vessels in a special use areas commonly known as the high speed zone in order to insure safe operation of boats within that zone; and WHEREAS, the City Council wishes to amend Section 9.96.120 of the Lake Elsinore Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. That Section 9.96.120, Subpart C of the Lake Elsinore Municipal Code shall be amended and restated as follows and Subparts D, E and F shall be added as follows: C. The maximum allowable boat speed limit within the high speed zone is one-hundred fifty (150) miles per hour, except as provided in Subpart D. D. The maximum allowable boat speed limit shall be thirty-five (35) miles per hour within the high speed zone every Saturday and Sunday beginning with the first Saturday in May and ending on the last Sunday in September, Memorial Day, Fourth of July, and Labor Day. E. Notwithstanding Subpart C, a person may operate a boat within the high speed zone at a speed in excess of one-hundred fifty (150) miles per hour when authorized pursuant to a special event permit as provided in Chapter 5.73. F. A person operating a boat travelling in excess of thirty-five (35) miles per hour within the high speed zone shall be not less than 16 years old. - 1 Section 2. SEVERABILITY. If any provIsion, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. Section 3. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required bylaw. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 8th day of April , 2008. ~~~.,., L HICKMAN, MAYOR CITY OF LAKE ELSINORE V VIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: ~Vv- BARBARA ZEID LEIBOLD, CITY ATTORNEY - 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1250 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the ~th day of March 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 8th day of April ,2008 by the following roll call vote: AYES: MAYOR DARYL HICKMAN, MAYOR PRO TEM GENIE KELLEY, COUNCILMEMBER THOMAS BUCKLEY, COUNCILMEMBER ROBERT MAGEE, COUNCILMEMBER ROBERT SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ( L. L4" VIVIAN M. MUNSON CITY CLERK 3 ORDINANCE NO. 1251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 5.28.270 OF THE LAKE ELSINORE MUNICIPAL CODE TO ESTABLISH NO-LIMIT WAGERING IN CARDROOMS WHEREAS, the Lake Elsinore Municipal Code currently delegates the establishment of all table and wagering limits to the cardroom; and WHEREAS, the State of California Gambling Control Act considers the wagering limit to be a policy decision that must be made by the local government; and WHEREAS, this decision by ordinance must either prescribe a maximum wagering limit, or specify that there is no wagering limit. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Section 5.28.270 'Wagering, house rules and posting requirements" of the Lake Elsinore Municipal Code is hereby amended in its entirety as follows: 5.28.270. Wagering limits, house rules and posting requirements. A. No maximum wagering limit is imposed on any game. B. There shall be posted in a conspicuous place in the cardroom the following: 1 . Any and all charges or other fees assessed players at a table; 2. A set of detailed house rules applicable to the games played, which shall be posted in the form of a printed rule book; 3. A copy of the current valid city license/permit and the licensee's current gambling license issued under the Gambling Control Act as codified in Division 8, Chapter 5 of the California Business and Professions Code; and 4. The hours during which the cardroom will be open for business. Section 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. 1 Section 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 8th da~ of April 2008. L HI KMAN, MAYOR CITY OF LAKE ELSINORE ST: LL~ VIVIAN M. MUNSON CITY CLERK - APPROVED AS TO FORM: ~RAZJtI~ - CITY ATTORNEY 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1251 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 25th day of March, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 8th day of April 2008 , by the following roll call vote: AYES: MAYOR DARYL HICKMAN, MAYOR PRO TEM GENIE KELLEY, COUNCILMEMBER THOMAS BUCKLEY, COUNCILMEMBER ROBERT MAGEE, COUNCILMEMBER ROBERT SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE l VIVIAN M. MUNSON CITY CLERK 3 ORDINANCE NO. 1252 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.60 REGARDING ABANDONED RESIDENTIAL PROPERTY REGISTRATION WHEREAS, there is a growing problem in the City of Lake Elsinore regarding residential properties which are abandoned because the property owner is in default and there is a pending sale to satisfy the debt; and WHEREAS, these properties are left vacant and begin to deteriorate due to lack of adequate maintenance and on-site security; and WHEREAS, these properties ultimately blight the surrounding residential neighborhood; and WHEREAS, the City Council wishes to add Chapter 8.60 to the Lake Elsinore Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.60 is added to the Lake Elsinore Municipal Code as follow: Chapter 8.60 Abandoned Residential Property Registration 8.60.010 Purpose. It is the purpose and intent of the Lake Elsinore City Council, through the adoption of this Chapter, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. 8.60.020 Defi n itions. For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: "Abandoned" means a property that is vacant and is under a current Notice of Default and/or Notice of Trustee's Sale, pending Tax Assessors Lien Sale and/or properties that have been the subject to a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. 1 "Accessible property" means a property that is accessible through a compromised/breached gate, fence, wall, or other barrier. "Accessible structure" means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons. "Agreement" means any agreement or written instrument, which provides that title to residential property, shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange. "Beneficiary" means a lender under a note secured by a deed of trust. "Buyer" means any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property. "Dangerous building" means any building/structure that is in violation of any condition referenced in LEMC Chapter 8.08. "Days" means consecutive calendar days. "Deed of Trust" means an instrument evidencing security for a real estate loan that is recorded as a lien against real property. "Deed in lieu of foreclosure/sale" means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. "Default" means the failure to fulfill a contractual obligation, monetary or conditional. "Distressed" means a property that is under a current Notice of Default and/or Notice of Trustee's Sale and/or pending Tax Assessor's Lien Sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale. "Evidence of vacancy" means any condition that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant. "Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults. 2 "Local" means within forty (40) road/driving miles distance of the subject property. "Neighborhood standard" means those conditions that are present on a simple majority of properties within a three hundred (300) foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the three hundred (300) foot radius, shall not be counted toward the simple majority. "Notice of Default" means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. "Out of area" means in excess of forty (40) road/driving miles distance of the subject property. "Owner" means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property. "Owner of record" means the person or entity having recorded fee title to the property. "Property" means any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition. "Residential buildi.ng" means any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted and/or zoned for such use. "Securing" means such measures as may be directed by the Building Official that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/pad locking of gates, and the repair of door, window and/or other openings. Securing shall be completed to a minimum of the current HUD securing standards at the time the work is completed or required. "Trustee" means the person, firm or corporation holding a deed of trust on a property. "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. "Vacant" means a building/structure that is not legally occupied. - 3 8.60.030 Trustee. Recordation of Transfer of Loan/Deed of Trust/Substitution of Within ten (10) days of the purchase and/or transfer of a loan/deed of trust secured by residential property the new beneficiary/trustee shall record, with the Riverside County Recorder's Office, a substitution of trustee, or similar document, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiary/trustee. 8.60.040 Registration. A. Any beneficiary/trustee, who holds a deed of trust on a property located within the City of Lake Elsinore, shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, prior to recording a Notice of Default with the Riverside County Recorder's Office. If the property is vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten (10) days of the inspection, register the property with the Building Official on forms provided by the City. B. If the property is occupied but remains in default, it shall be inspected by the beneficiary/trustee, or his or her designee, monthly until: 1. The trustor or other party remedies the default; or 2. It is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the trustee shall, within ten (10) days of that inspection, register the property with the Building Official on forms provided by the City. C. The registration by either Subpart (A) or (B) shall contain the name of the beneficiary/trustee (corporation or individual), the direct street/office mailing address of the beneficiary/trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary/trustee and, in the case of a corporation or out of area beneficiary/trustee, the local property management company responsible for the security, maintenance and marketing of the property. Registration fees will not be prorated. D. An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1st of each year and must be received no later than January 31st of the year due. E. This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosu re/sale. 4 F. Properties subject to this chapter shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant. G. Any person, firm or corporation that has registered a property under this chapter must report any change of information contained in the registration within ten (10) days of the change. 8.60.050 Mai ntenance Req u i rements. A. Properties subject to this chapter shall be, in comparison to the neighborhood standard, kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned. B. The property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure. C. Visible front and side yards shall be landscaped and maintained to the neighborhood standard at the time registration was required. 1. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. 2. Landscape does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar material. 3. Maintenance includes, but is not limited to regular watering, irrigation, cutting, pruning and mowing of required landscaped and removal of all trimmings. D. Pools and spas shall be kept in working order so that the water remains clear and free of pollutants and debris or drained and kept dry. In either case properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California. E. Adherence to this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any Covenants Conditions and Restrictions and/or Home Owners Association rules and regulations which may apply to the property. 5 8.60.060 Security Requirements. A. Vacant properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes but is not limited to the closure and locking of windows, doors (walk-through, sliding and garage) gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s). In the case of broken windows securing means the reglazing or other authorized repair of the window. B. The owner or property management company employed by owner shall perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met. The property shall be posted with name and 24-hour contact phone number of the owner or owner's property management company. The posting shall be no less than 18" x 24" and shall be of a font that is legible from a distance of forty-five (45) feet and shall contain along with the name and 24-hour contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL". The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather resistant materials. 8.60.070 Additional Authority. The Building Official shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to arrest the decline of the property. 8.60.075 Maintenance and Security by City A. If any individual or entity covered by this chapter fails to maintain and secure their property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of this chapter, then the City Manager shall cause the property to be maintained or secured by city personnel or private contract, and entry upon the property is expressly authorized for such purposes. Upon completion of the maintenance or securing by direction of the City Manager, the City Manager shall cause a statement of the costs thereof to be prepared for submission to the City Council. The City Manager shall set a time and place for the City Council to receive and consider the statement of costs, and shall serve on the owner or owners of the property a copy of the statement of costs and a notice of the time and place at which the City Council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served in the same manner as provided in Section 8.18.070 of Chapter 8.18 and shall be accompanied by a copy of this chapter. 6 B. In addition to maintenance and securing of properties, any individual or entity covered by this chapter who fails to maintain and secure their property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of this chapter shall be deemed to have authorized the City to remove trespassers from the property. 8.60.080 Fees. The fee for registering an abandoned residential property shall be set by resolution of the City Council. 8.60.090 Enforcement. Violations of this chapter may be enforced in any combination as allowed in Chapters 1.16 or 1.20. 8.60.100 Appeals. Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under Chapters 1.20. Section 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. Section 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this ~~; ICKMAN MAYOR ON 7 APPROVED AS TO FORM: ~~.~ BARBARA ZEID LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1252 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 25th day of March 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 8th day of April 2008, by the following roll call vote: AYES: NOES: MAYOR DARYL HICKMAN, MAYOR PRO TEM GENIE KELLEY, COUNCILMEMBER THOMAS BUCKLEY, COUNCILMEMBER ROBERT MAGEE, COUNCILMEMBER ROBERT SCHIFFNER NONE ABSENT: NONE ABSTAIN: NONE ~L.L~ vlVIAN M. MUNSON CITY CLERK 8 ORDINANCE NO. 1253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.26 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING DENSITY BONUSES WHEREAS, California Government Code Section 65915 requires that each city adopt an ordinance establishing local procedures for the administration of density bonuses and incentives; and WHEREAS, the City of Lake Elsinore desires to add Chapter 17.26 of the Lake Elsinore Municipal Code to conform with state law and to establish procedures and regulations with respect to density bonuses and incentives within the City of Lake Elsinore; and WHEREAS, at a public hearing on April 1, 2008, the Planning Commission considered the proposed density bonus ordinance and recommended that the City Council approve the addition of Chapter 17.26 to the Lake Elsinore Municipal Code; and WHEREAS, in consideration of the Planning Commission's recommendation and evidence presented by the Community Development Department, Redevelopment Agency Staff, and other interested parties at a public hearing held on April 22, 2008, the City Council of the City of Lake Elsinore desires to add Chapter 17.26 to the Lake Elsinore Municipal Code as set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 17.26 is added to the Lake Elsinore Municipal Code, as follows: Section 17.26.010. Purpose. The purpose of this Chapter 17.26 is to satisfy the City's obligations under Government Code Section 65915 et seq. (the "State Density Bonus Law"), as amended from time to time. Chapter 17.26 specifies the procedures for providing density bonuses and incentives to applicants who seek such density bonuses for housing development within, or for the donation of land for housing within, the City of Lake Elsinore. Interpretation of the requirements, definitions, and standards set forth in Chapter 17.26 shall be construed so as not to be inconsistent with the State Density Bonus Law. Section 17.26.020. Definitions. As used in this Chapter, the following terms shall have. the following meanings unless otherwise indicated from the context: "Additional Incentive" shall have the meaning set forth in Section 17.26.045(a) of this Chapter. 1 - "Affordable Rent" means monthly housing expenses, including a reasonable allowance for utilities, for Restricted Units reserved for rental to Very Low or Lower Income Households, not exceeding the following calculations: (1) Very Low Income: 50 percent of the Area Median Income for the county, adjusted for household size, multiplied by 30 percent and divided by 12; and (2) Lower Income: 60 percent of the Area Median Income for the county, adjusted for household size, multiplied by 30 percent and divided by 12. "Affordable Housinq Cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale Restricted Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners' association fees, and a reasonable allowance for utilities; provided that such sum meets the requirements set forth in Section 50052.5 of the Health and Safety Code. "Affordable Sales Price" means a sales price at which households can qualify for the purchase of Restricted Units based on Affordable Housing Cost for the particular Household Type the project is restricted to (e.g., Very Low Income, Lower Income, or Moderate Income Household), calculated on the basis of underwriting standards of mortgage financing available for the development. "Area Median Income" means the median family income of a geographic area of the state, as published annually by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. "Child Care Facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. "Common Interest Development" means a multifamily development complying with the requirements of subdivision (c) of Section 1351 of the Civil Code. "Density Bonus" means, unless a lesser percentage is requested by the applicant, a minimum increase in the number of dwelling units authorized for a particular parcel of land of: (i) at least 5 percent over the otherwise Maximum Residential Density if the project does not meet the requirements of subsection (a)(1), (a)(2), or (a)(3) of Section 17.26.030 hereof and the project is a Common Interest Development or Planned Development that meets the requirements of subsection (a)(4) of Section 17.26.030 hereof. The percentage of Density Bonus granted shall increase by 1 percent for every 1 percent increase - 2 above 10 percent (the threshold percentage of units required by Section 17.26.030(a)(4)), up to a maximum Density Bonus of 35 percent over the Maximum Residential Density; or (ii) at least 20 percent over the otherwise Maximum Residential Density for projects containing units restricted to occupancy by Lower Income Households. The percentage of Density Bonus granted shall increase by 1.5 percent for every 1 percent above 10 percent (the threshold percentage of units required by Section 17.26.030(a)(1)) up to a maximum Density Bonus of 35 percent over the Maximum Residential Density; or (iii) at least 20 percent over the permitted Maximum Residential Density for projects containing units restricted to occupancy by Very Low Income Households. The percentage of Density Bonus granted shall increase by 2.5 percent for every 1 percent above 5 percent (the threshold percentage of units required by Section 17.26.030(a)(2)), up to a Maximum Density Bonus of 35 percent over the Maximum Residential Density; or (iv) 20 percent over the Maximum Residential Density if the Project meets the requirements of Subsection (a)(3) of Section 17.26.030 hereof. - For the purpose of calculating a Density Bonus, the residential units do not have to be based upon individual subdivision maps or parcels. When calculating the Density Bonus, the applicant requesting the Density Bonus shall elect whether the bonus shall be awarded on the basis of subdivision (a)(1), (a)(2), (a)(3), or (a)(4) of Section 17.26.030 of this Chapter. The Density Bonus shall be permitted in geographic areas of the Housing Development other than the areas where the units for the Very Low, Moderate, or Lower Income Households are located. The amount of Density Bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 17.26.030 of this Chapter. All Density Bonus calculations resulting in fractional numbers shall be rounded up to the next whole number. "Density Bonus Aoreement" means a legally binding agreement between a developer and the City to ensure that the requirements of this Chapter are satisfied. The agreement, shall establish among other things, the number of Restricted Units, their size, location, terms and conditions of affordability, and production schedule. See Section 17.26.060 of this Chapter. "Density Bonus Law" means California Government Code Section 65915 et seq., as amended from time to time. "Density Bonus Units" means those residential units granted pursuant to the provisions of this Chapter which exceed the otherwise Maximum Residential Density for the development of the site. 3 - "Development Standard" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, municipal code amendment, or other local condition, law, policy, resolution, or regulation. "Economically Feasible" means a housing project that can be built with a reasonable rate of return. The housing developer's financial ability to build the project shall not be a factor. . "EIiQible Proiect" means a residential development project qualifying for a Density Bonus within the meaning of this Chapter. "Household Type" means whether the occupants of the housing units are members of a Very Low Income, Lower Income, or Moderate Income Household or are Senior Citizens. "HousinQ Development" means one or more groups of projects consisting offive or more residential units (excluding Density Bonus Units), including single- family, multifamily, and mobile homes for sale or rent pursuant to this Chapter and including a subdivision or Planned Development or Common Interest Development. Housing Development also includes either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4 of the Government Code, where the result of the rehabilitation would be a net increase in available residential units. "Lower Income Household" means a household whose gross income is as established by Health and Safety Code Section 50079.5, as amended from time to time. "Maximum Residential Density" means the maximum number of residential units allowed by the General Plan range specified on the land use map of the City's General Plan Land Use Element and Zoning Ordinance as of the date of the project application, excluding the provisions of this Chapter. If the Housing Development is within a planned development overlay zone, the Maximum Residential Density shall be determined on the basis of the general plan and the maximum density of the underlying zone. "Moderate Income Household" means a household whose gross income is as established by Health and Safety Code Section 50093, as amended from time to time. - "Planned Development" means a development described in subdivision (k) of Civil Code Section 1351, as amended from time to time. "Restricted Unit" means a dwelling unit within a Housing Development which will be reserved for sale or rent to, and affordable to, Very Low Income, Lower Income, or Moderate Income Households or Senior Citizens in accordance with the terms of this Chapter. 4 "Senior Citizen" means: (1) Persons at least 62 years of age; or (2) Persons at least 55 years of age in a Senior Citizen Housing Development, as defined by state and federal law. "Senior Citizen Housina Development" has the meaning set forth in Sections 51.3 and 51.2 of the California Civil Code, as amended from time to time. "Senior Citizen Units" means: (1) Assisted housing units for Senior Citizens; or (2) Housing intended for, and solely occupied by, persons at least 62 years of age; or (3) Housing consisting of at least 150 units in which 80 percent of the units have at least one person aged 55 or older and which provide special facilities and services designed for seniors. Eligibility for a Density Bonus or other incentive for Senior Citizen Units must be in conformity with state and federal laws governing senior housing projects; or (4) Mobilehome parks that limit residency based on age requirements for housing for older persons pursuant to Sections 798.76 or 799.5 of the Civil Code, as amended from time to time. "Very Low Income Household" means a household whose gross income is as established by Health and Safety Code Section 50105, as amended from time to time. Section 17.26.030. Restricted Occupancy. (a) The City shall grant a Density Bonus and at least one Additional Incentive as set forth in Sections 17.26.040 and 17.26.045 hereof, or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, except as provided in Section 17.26.040 below, to a project applicant of a Housing Development, who applies for and agrees to provide any of the following: (1) At least 10 percent of the units (excluding Density Bonus Units) as Restricted Units restricted to occupancy by Lower Income Households; or (2) At least 5 percent of the units (excluding Density Bonus Units) as Restricted Units restricted to occupancy by Very Low Income Households; or 5 (3) At least 35 units restricted as Senior Citizen Units, unless prohibited by state and/or federal law; or (4) At least 10 percent of the units (excluding Density Bonus Units) in a Common Interest Development or a Planned Development as Restricted Units restricted to occupancy by Moderate Income Households. (b) When an applicant proposes to construct a Housing Development that conforms to the requirements of subsection (a) above and includes a Child Care Facility that will be located on the premises of, as part of, or adjacent to, the Housing Development project, the City shall grant either of the following, except as provided in Section 17.26.040 below: (1) an additional Density Bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the Child Care Facility; or (2) an Additional Incentive that contributes significantly to the economic feasibility of the construction of the Child Care Facility. (c) In determining the minimum number of Density Bonus Units to be granted pursuant to this section, the Maximum Residential Density for the site shall be multiplied by the appropriate percentage(s) set forth in the definition of Density Bonus. When calculating the number of permitted Density Bonus Units, any fractions of units shall be rounded to the next largest integer. (d) In determining the number of Restricted Units to be provided pursuant to this section, the Maximum Residential Density for the site shall be multiplied by 0.05 where Very Low Income Households are targeted or by 0.10 where Moderate or Lower Income Households are targeted. The Density Bonus Units shall not be included when determining the total number of Restricted Units in the Housing Development. When calculating the required number of Restricted Units, any resulting decimal fraction shall be rounded to the next largest integer. (e) In cases where a density increase of less than 5 percent (for a qualifying Common Interest Development or Planned Development) or 20 percent (for Restricted Units targeted to Very Low Income Households and/or Lower Income Households) is requested, no reduction will be allowed in the number of Restricted Units required. In cases where a density increase of more than 35 percent is requested, the requested density increase, if granted, shall be considered an Additional Incentive, as outlined in Section 17.26.045 hereof. (f) If a project applicant agrees to construct more than 10 percent of the total units for Lower Income Households, more than 5 percent of the total units for Very Low Income Households, or more than 10 percent of the total units in a Common Interest Development or Planned Development for Moderate Income Households, such that the calculation of Density Bonus Units would 6 result in a Density Bonus of more than 35 percent, the project applicant remains entitled to only one Density Bonus and one or more Additional Incentive(s) pursuant to Sections 17.26.040 and 17.26.045 hereof. Similarly, a project applicant who agrees to construct Senior Citizen housing with 10 percent or 5 percent of the units reserved for Lower or Very Low Income Households, respectively, or 10 percent of the total units in a Senior Citizen Common Interest Development for Moderate Income Households, is only entitled to one Density Bonus and an Additional Incentive(s). The City may, however, grant Additional Incentives in addition to those required by Sections 17.26.040 and 17.26.045 hereof to facilitate the inclusion of more Restricted Units than are required by this Chapter. (g) If an applicant agrees to construct both 10 percent of the total units for Lower Income Households and 5 percent of the total units for Very Low Income Households, or either one or both of the foregoing and 10 percent of the units in a Common Interest Development or Planned Development for Moderate Income Households, the developer is entitled to only one Density Bonus and the Additional Incentive(s) required by Sections 17.26.040 and 17.26.045 hereof, although the City may, at its discretion, grant more than one Density Bonus or Additional Incentive to facilitate the inclusion of more Restricted Units than are required by this Chapter. (h) The City shall not be required to approve a project solely because a project complies with Density Bonus requirements. However, a Housing Development which seeks and qualifies for a Density Bonus and Additional Incentive(s) cannot be approved without granting the Density Bonus and the Additional Incentive(s) or an alternative incentive of equivalent financial value based upon the land cost per dwelling unit. (i) Nothing in this Chapter limits the City's right to deny an affordable housing project as provided for in Government Code Section 65589.5, as amended from time to time. Section 17.26.035. Donation of Land. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City as provided for in this Section 17.26.035, the applicant shall be entitled to a 15 percent increase above the otherwise Maximum Residential Density for the entire development. For each 1 percent increase above the minimum 10 percent land donation described in subsection (2) below, the Density Bonus shall be increased by 1 percent, up to a maximum of 35 percent. This increase shall be in addition to any Density Bonus and/or Additionallncentive(s) to which the applicant is entitled as a result of its qualification, if any, under Section 17.26.030(a) above, up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to this Section and Section 17.26.030(a). 7 All density calculations resulting in fractional units shall be rounded up to the next whole integer. Nothing in this Section shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density described in this Section if all of the following conditions are met: (1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (2) The developable acreage and zoning classification of the land being transferred to the City are sufficient to permit construction of Restricted Units affordable to Very Low Income Households in an amount not less than 10 percent of the number of residential units of the proposed development. (3) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the Very Low Income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Health and Safety Code Section 65583.2, as amended from time to time, if the design is not reviewed by the City prior to the time of transfer. (4) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.26.050, which shall be recorded on the property at the time of dedication. (5) The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to another developer. (6) The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.d 8 Section 17.26.040. Grant or Denial of Additional Incentives (a) The City shall provide a Density Bonus and the following number of Additional Incentives for qualified Housing Developments, upon the written request of the developer. The developer shall receive the following number of Additional Incentives: (1) One Additional Incentive for projects that include at least 10 percent of the total units (excluding Density Bonus Units) for Lower Income Households, at least 5 percent of the total units (excluding Density Bonus Units) for Very Low Income Households, or at least 10 percent of the total units (excluding Density Bonus Units) for Moderate Income Households in a Common Interest Development or Planned Development. (2) Two Additional Incentives for projects that include at least 20 percent of the total units (excluding Density Bonus Units) for Lower Income Households, at least 10 percent of the total units (excluding Density Bonus Units) for Very Low Income Households, or at least 20 percent of the total units (excluding Density Bonus Units) for Moderate Income Households in a Common Interest Development or Planned Development. (3) Three Additional Incentives for projects that include at least 30 percent of the total units (excluding Density Bonus Units) for Lower Income Households, at least 15 percent of the total units (excluding Density Bonus Units) for Very Low Income Households, or at least 30 percent of the total units (excluding Density Bonus Units) for Moderate Income Households in a Common Interest Development or Planned Development. (b) The City shall grant the Additional Incentive(s) unless the City makes a written finding, based on substantial evidence, of either of the following: (1) The Additional Incentive is not required in order to provide for Affordable Housing Costs, or for rents for the Restricted Units to be set as specified in Section 17.26.050 hereof. (2) The Additional Incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Very Low, Lower, and Moderate Income Households. 9 (c) The City may offer an equivalent financial incentive in lieu of granting a Density Bonus and the Additional Incentive(s). The value of the equivalent financial incentive shall equal at least the land cost per dwelling unit savings that would result from (i) the Density Bonus and the Additional Incentive(s) otherwise required by this Chapter, or (ii) the Density Bonus required by this Chapter, where an Additional Incentive is not requested or is determined unnecessary. Any equivalent financial incentive must contribute significantly to the economic feasibility of providing the Restricted Units pursuant to this Chapter. (d) Notwithstanding any requirement of this Chapter, the City shall not be required to provide a Density Bonus or Additionallncentive(s) for a Child Care Facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. Section 17.26.045. Additional Incentives. (a) Additional Incentives may include, but are not limited to, any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. (2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the Housing Development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3) Other regulatory concessions proposed by the project applicant or the City, which result in identifiable cost reductions. Permissible concessions include, but are not limited to: i. Reduction of park land dedication fees; ii. Provision of tax-exempt financing or other financial assistance as approved by the City Councilor Redevelopment Agency; Hi. Reduction or elimination of child care fees; and iv. Expedited processing of applicant's use application and building permits. 10 (4) A Density Bonus of more than 35 percent, but not greater than 50 percent. (5) Direct financial aid (e.g., redevelopment set-aside, community development block grant funding) in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land, or construction costs. (b) An applicant may submit to the City a proposal for the specific Additional lncentive(s) it is requesting, and/or for a waiver or reduction of zoning or development standards (hereinafter "Waiver or Modification"), and may request a meeting with the City. The City shall grant such a meeting to the applicant. (c) Applicants seeking a Waiver or Modification that would otherwise inhibit the utilization of a Density Bonus on a particular site shall comply with procedures set forth in Section 17.26.070(g) of this Chapter. Applicant shall not be required to seek a general plan amendment, zoning change, or other discretionary approval when requesting a Waiver or Modification in accordance with this Chapter. (d) The City may offer an equivalent financial incentive in lieu .of granting a Density Bonus and any Additional Incentive(s) in accordance with Section 17.26.040(c) hereof. Section 17.26.050. Affordability Standards. (a) For units restricted to occupancy by Very Low and Lower Income Households that qualified the applicant for the award of the Density Bonus, an applicant shall agree to, and the City shall require, continued affordability of the Restricted Units for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Those units targeted for Lower and Very Low Income Households shall be affordable at a rent as defined in Section 50053 of the Health and Safety Code, as amended from time to time. (b) An applicant shall agree to, and the City shall require, that the initial occupants of Restricted Units that are directly related to the receipt of a Density Bonus in a Common Interest Development or in a Planned Development qualify as Moderate Income Household(s). Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The seller shall pay to the City both the initial subsidy received by the seller from the City and the City's proportionate share of appreciation. The City's proportionate share of the appreciation shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code to promote homeownership. For purposes of this subdivision, the City's proportionate share of appreciation shall be the ratio of the initial subsidy to the fair market value of the home at the time of the initial sale. The local government's initial subsidy shall be equal to the fair 11 market value of the home at the time of initial sale minus the initial sale price to moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of lhe resale shall be used as the initial market value. (c) A Density Bonus Agreement between the project applicant and the City shall be made a condition of the discretionary planning permits for all Housing Developments seeking a Density Bonus pursuant to this Chapter. The Density Bonus Agreement shall be recorded as a restriction on the parcel or parcels on which the Restricted Units will be constructed prior to the commencement of the construction. The Density Bonus Agreement shall be consistent with Section 17.26.060 hereof and include any other applicable requirements set forth elsewhere in this Chapter. (d) Restricted Units in a project and phases of a project shall be constructed concurrently with or prior to the construction of market-rate units unless both the City and the project applicant agree within the Density Bonus Agreement to an alternative schedule for development. (e) Restricted Units shall be provided as follows: (1) When practical, Restricted Units shall be dispersed throughout the project; (2) Restricted Units shall be built on-site; (3) Restricted Units shall be identical with the design of any market rate rental units in the project with the following exception: Reduction of interior amenities for Restricted Units will be permitted upon prior approval by the City as necessary to retain project affordability; and (4) Where feasible, the number of bedrooms of the Restricted Units shall be equivalent to the bedroom mix of the nonrestricted units of the Housing Development, except that the developer may include a higher proportion of Restricted Units with more bedrooms. (f) Housing Developments shall comply with all applicable development standards, except as provided by this Chapter. (9) The project applicant shall submit a detailed project financial report (pro forma) in such form as required by the City, which demonstrates the financial need for the Additional Incentives requested. The City may retain a consultant to review the financial report. The cost of the consultant shall be borne by the developer with the following exception: If the applicant is a nonprofit organization, the cost of the consultant may be paid by the City upon prior approval of the City Council. 12 (h) If the applicant has applied to construct a Housing Development that includes a Child Care Facility, then, as a condition of the approval of the Housing Development, the applicant shall agree to cause the Child Care Facility to (a) remain in operation for a period of time that is as long as or longer than the period of time during which the Restricted Units are required to remain restricted and affordable to Very Low, Lower and/or Moderate Income Households, as applicable, in accordance with this Chapter; and (b) include in its attendance a percentage of children from Very Low, Lower and/or Moderate Income Households, as applicable, proportionate to or greater than the percentage of Restricted Units in the project restricted to such Very Low, Lower and/or Moderate Income Households, as applicable, required by this Chapter. (i) Upon the request of the developer, the City shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subsection (a) of Section 17.26.030 hereof, that exceeds the following ratios: (1) Zero to one bedrooms: one onsite parking space. (2) Two to three bedrooms: two onsite parking spaces. (3) Four and more bedrooms: two and one-half onsite parking spaces. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on-street parking. This Section shall apply to a development that meets the requirements of subsection (a) of Section 17.26.030 hereof but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to Sections 17.26.035 and 17.26.045 hereof. Section 17.26.060. Density Bonus Agreement Requirements. (a) All Restricted Units shall be occupied by the Household Type specified in the written Density Bonus Agreement required under this section. The required Density Bonus Agreement shall be recorded as a deed restriction running with the land. The approval and recordation of the deed restriction shall take place prior to final map approval or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Agreement shall be binding on the current owner and all future owners and successors in interest thereof. 13 (b) The Density Bonus Agreement shall include at least the following: (1) The total number of units approved for the Housing Development, including the number of Restricted Units; (2) A description of the Household Type to be accommodated by the Restricted Units, as outlined in Section 17.26.030 of this Chapter, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price at an Affordable Housing Cost; (3) The location, unit sizes (square feet), and number of bedrooms of Restricted Units; (4) Tenure of use restrictions for Restricted Units of at least 30 years or the requirement of an equity share upon sale of the unit, in accordance with Section 17.26.050 of this Chapter; (5) A schedule for completion and occupancy of the Housing, Development, including the Restricted Units; (6) A description of the Additionallncentive(s) being provided by the City; (7) A description of remedies for breach of the agreement by either party; (8) If applicable, the provisions required by Section 65916 of the Government Code, as amended from time to time; and (9) Other provisions to ensure implementation and compliance with this Chapter. (c) In the case of for-sale Housing Developments, the Density Bonus Agreement shall provide for the following conditions governing the initial sale and use of Restricted Units: (1) Restricted Units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Affordable Housing Cost, or to Senior Citizens (i.e., maintained as Senior Citizen housing) as defined by this Chapter; (2) Restricted Units shall be initially owner-occupied by eligible Very Low, Lower, or Moderate Income Households, or by Senior Citizens in the case of Senior Citizen housing; and (3) The initial purchaser of each Restricted Unit shall execute an instrument or agreement approved by the City agreeing to pay the City its proportionate share of appreciation upon the sale of the Restricted Unit in accordance with Section 17.26.050(b) of this Chapter. Such instrument or agreement shall be recorded against 14 (1) A brief description of the proposed Housing Development, including the total number of units, Restricted Units, and Density Bonus Units proposed. (2) The zoning and general plan designations and assessors parcel number(s) of the project site. (3) A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway, and parking layout. (4) If an Additional Incentive is requested, the application should describe why the Additional Incentive is necessary to provide the Restricted Units. (5) Other information as may be required by the Planning and Community Development Departments. (d) Within 90 days of receipt of the preliminary application the City shall provide to the applicant, a letter which identifies project issues of concern, the maximum financial assistance that the Director of Community Development can provide when making a recommendation to the City Council, and the procedures for compliance with this Chapter. (e) The Director of Community Development shall inform the applicant that the requested Additional Incentive(s) shall be recommended for consideration with the proposed Housing Development, or that alternative or modified Additional Incentive(s) pursuant to this Chapter shall be recommended for consideration in lieu of the requested Additional Incentive(s). If alternative or modified Additionallncentive(s) are recommended by the Director of Community Development, the recommendation shall establish how the alternative or Additional Incentive(s) can be expected to have an equivalent affordability effect as the requested Additionallncentive(s). (f) An application pursuant to this Chapter shall be processed concurrently with any other application(s) required for the Housing Development. The decision-making body authorized to approve the discretionary permit for the underlying project shall also be the decision-making body for the Density Bonus application. If the underlying project is a use by right (Le., does not require any discretionary permit), the decision-making body for the Density Bonus application shall be the Director of Community Development and the review process shall follow the process set forth for the Director of Community Development's permits established by the City. An application for a Density Bonus shall provide additional information as specified in this Chapter, specifically: (1) A written statement specifying the information set forth in subsection (a) above; (2) A project financial report (pro forma); 16 (3) If a Waiver or Modification is requested, the application should describe why deviation from the established development or zoning standards is necessary to provide the Restricted Units, in accordance with this Chapter; and (4) Any other information requested by the Director of Community Development. (g) An applicant requesting Waiver or Modification must follow the following procedures: (1) File an application with the Director of Community Development seeking a Waiver or Modification. The application shall demonstrate that such deviations are necessary to make the Housing Development Economically Feasible in accordance with Government Code Section 65915(f), as amended from time to time. (2) The Director of Community Development or his/her designee shall review the application seeking a Waiver or Modification. After reviewing the application, the Director of Community Development shall set the matter for a public hearing before the Planning Commission at which hearing evidence shall be taken. (3) Written notice of the hearing shall be mailed, at least twenty- four (24) days before the date of the hearing. The notice shall be delivered to the applicant and property owners and occupants of property within five hundred feet (500') of the property that is subject to the request. (4) The Director of Community Development shall prepare a report to the Planning Commission with conclusions and recommendations relating to the request for a Waiver or Modification. (5) The Planning Commission shall make a determination supported by substantial evidence on the application for Waiver or Modification. The Planning Commission's decision shall be supported by written findings. (6) An application for Waiver or Modification may be denied only on the grounds set forth in subdivision (d) (2) of Government Code Section 65915, as amended from time to time. (7) The Planning Commission shall provide the applicant with Notice of Determination within fifteen (15) calendar days of the date the decision is made. (8) The Planning Commission decision is final unless appealed to the City Council within fifteen (15) calendar days of the date of the mailing of the Notice of Determination. 17 the parcel containing the Restricted Unit and shall contain such provisions as the City may require to ensure continued compliance with this Chapter and the State Density Bonus Law. (d) In the case of rental Housing Developments, the Density Bonus Agreement shall provide for the following conditions governing the use of Restricted Units during the use restriction period: (1) The requirements and procedures for qualifying tenants, establishing Affordable Rent, filling vacancies, and maintaining Restricted Units for qualified tenants; (2) Provisions requiring owners to verify tenant incomes and maintain financial books and records to demonstrate compliance with this Chapter; (3) Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying any Restricted Unit, and which identifies the bedroom size and monthly rent or cost of each Restricted Unit; and (4) Property management and maintenance guarantees. (e) If the applicant has applied to construct a Housing Development that includes a Child Care Facility, then the Density Bonus Housing Agreement shall include provisions which require continued compliance with the requirements of Subsection (g) of Section 17.26.050 above. (f) The City may establish fees associated with establishing and monitoring of Restricted Units. Section 17.26.070. Application Procedure. (a) A project applicant may submit to the Community Development Department a preliminary application for the development of housing pursuant to this Chapter prior to the submittal of any formal application. The City shall, within 90 days of receipt of the preliminary application, notify the project applicant in writing of its procedures for granting a Density Bonus and/or Additional Incentives if such benefits are requested. The project applicant may also submit a preliminary application for a Waiver or Modification pursuant to this Chapter. The City's procedures for Waiver and Modification are set forth below in subdivision (g) of this Section. (b) Applicants are encouraged to schedule a pre-application conference with the Director of Community Development or designated staff to discuss and identify potential application issues, including prospective Additional Incentive(s). No charge will be required for the pre-application conference. (c) A preliminary application shall include the following information: 15 SECTION 2. SEVERABILITY If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. NOTICE OF ADOPTION The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 13TH ay of Mav 2008. HICKMAN MAYOR L V IAN M. MUNSON CITY CLERK APPROVED AS TO FORM: . -~~ BARBARA ZEID LEIBOLD CITY ATTORNEY 18 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1253 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 22nd day of April 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 13th day of May 2008 by the following roll call vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmembers Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSENT: None ABSTAIN: None LM.bJo;~ CITY CLERK 19 ORDINANCE NO. 1254 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNED UNIT DEVELOPMENT NO. 2008-01 WHEREAS, Matthew Fagan, of Matthew Fagan Consulting Services, filed an application with the City of Lake Elsinore requesting approval of Planned Unit Development No. 2008-01 for a thirty-one (31) unit mixed use retail/commercial multi- family residential condominium project located at 15712 Grand Avenue (APN 381-030- 005) (the "Project"); and WHEREAS, on May 20, 2008, the Planning Commission of the City of Lake Elsinore considered the proposed Planned Unit Development No. 2008-01 and recommended that the City Council of the City of Lake Elsinore approve the Planned Unit Development; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Planned Unit Developments; and WHEREAS, public notice of the Project has been given, and the City Council of the City of Lake Elsinore has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 8, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Prior to approving the project, the City Council of the City of Lake Elsinore has reviewed and analyzed Planned Unit Development No. 2008-01 pursuant to the Planning and Zoning Laws (Cal. Gov. Code 65000 et. seq.) and Chapter 17.38 of the Lake Elsinore Municipal Code ("LEMC"). Section 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Specific Plan No. 2005-02: a. The proposed development is capable of creating an environment of sustained desirability and stability, or adequate assurance will be provided such objective will be attained. The project proposes to allow mixed use opportunities allowing neighborhood commercial uses as well as condominium uses on the same site. This mixed use component adds a neighborhood commercial use to an area that currently provides minimal commercial uses. Therefore, the project will create a new mixed use while adding to the affordable residential opportunities in the general area. 1 j. The PUD Plan has complied with all applicable City requirements. The PUD has met and in some cases exceeded all City requirements per the General Plan, Lake Elsinore Municipal Code including Chapter 17.37, Planned Unit Development Overlay District. Section 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore approve Planned Unit Development No. 2008-01. Section 4. This ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this ordinance and cause this ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of lake Elsinore, California, on ~.4~ 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1254 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 10th day of June , and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 24th day of June , by the following roll call vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmembers Thomas Buckley, Robert E. Magee and Robert SChiffner NOES: . None ABSENT: None L LI" VIVIAN M. MUNSON CITY CLERK ABSTAIN: None 5 ORDINANCE NO. 1255 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.82 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS WHEREAS, the Planning and Zoning Law authorizes the legislative body of a city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and open space; and WHEREAS, the C.ity of Lake Elsinore wishes to provide clear standards for the establishment and implementation of time extensions and expirations for Design Review approvals which can be applied throughout the City of Lake Elsinore; and WHEREAS, based on evidence presented by the Community Development Department and other interested parties at a duly noticed public hearing on May 20, 2008, the Planning Commission recommended that the City Council approve the ordinance adopting modifications to Chapter 17.82 of the Lake Elsinore Municipal Code regclrding time extensions for design review approvals; and WHER.EAS, at a duly noticed public hearing, held on June 24, 2008, the City Council considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties regarding the proposed Text Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: Section 1. That Section 17.82.110 of the Lake Elsinore Municipal Code be amended as follows (additions in underline; deletions in strikethrough): Section 17.82.110. Lapse of Design Review approval and Time Extensions. A. A Design Review approval shall lapse and become void one (1) two (2) year~ following the date on which the Design Review became effective, unless one of the followinq: (1) prior to the expiration of two (2) year~, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion, or (2) prior to the expiration of two (2) years. the applicant has applied for and has been qranted an extension of the Desiqn Review approval pursuant to subsections Band C. Notwithstanding conditions to the contrary, a Design Review granted pursuant to this Chapter shall run with the land for this two (2) year period, subiect to any approved extensions. and shall continue to be valid upon a change of ownership ofthe site which was the subject of the Design Review application. 1 B. The expiration date of an approved DesiQn Review may be extended for no more than two (2) years. The first extension may be Qranted for one (1) year subiect to the approval of the Community Development Director atter consultation with other city departments if such DesiQn Review complies with current law. standards and policies. The second one (1) year extension may be qranted by the approvinq body (Le. City Council. Planninq Commission) that approved the underlyinQ Desiqn Review so lonq as the DesiQn Review complies with current law. standards and policies. C. Application for extensions of time shall be filed prior to the expiration of the initial DesiQn Review approval and accompanied by a fee in an amount as established by resolution of the City Council. D. Any Desiqn Heyiew approval qranted on or atter July 1. 2007. UP to the effective date of this ordinance. shall lapse and become void two (2) years followinq the date on which the DesiQn Review became effective. unless one of the exceptions set forth in subparaqraph A is satisfied. then. in which case. the life of the Desiqn Review shall be extended in accordance with subparaQraphs Band C. SECTION 2. Severability. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this OrdinancB to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 8th day of July 2008. L: L. L~~ VIVIAN M. MUNSON CITY CLERK 2 APPROVED AS TO FORM: ~-~ BARBARA ZEID LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1255 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the '12,4!th' day of June 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 8th day of July 2008 by the following roll call vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmembers Robert E. Magee and Robert Schiffner NOES: Councilman Thomas Buckley ABSENT: None ABSTAIN: None (LL VIVIAN M. MUNSON CITY CLERK 3 n r o ORDINANCE NO. 1256 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.80 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING TREE PRESERVATION WHEREAS, it is recognized that the preservation of trees enhances the natural scenic beauty, sustains the long-term potential increase in property values which encourage quality development, maintains the ecology, provide a tempering effect to extreme temperatures, increases the attractiveness of the City to visitors, help reduce soil erosion, and increases the oxygen output of the area which is needed to combat air pollution; and WHEREAS, in order to promote the health, safety, and general welfare, to preserve and protect significant historical heritage values, to enhance the beauty of the City, and to complement and strengthen zoning, subdivision and land use standards and regulation, the City Council seeks to establish certain standards for the preservation and protection of trees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 5.80 of the Lake Elsinore Municipal Code is added as follows CHAPTER 5.80 TREE PRESERVATION 5.80.010 Definitions "Landscape Guidelines" means the Lake Elsinore Landscape Guideline on file in the City's Community Development Department. "Park trees" means trees, shrubs bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park. "Street trees" means as trees, shrubs bushes, and all other woody vegetation on land lying within the'City right of way between property lines on either side of all streets, avenues or ways within the City. "Top" or "topping" mean the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. n ~ n 5.80.020 Creation and Establishment of City Tree Committee There is hereby created and established a City Tree Committee for the City of Lake Elsinore, California which shall consist of the City Manager and one or more of the following employees assigned by the City Manager: Director of Public Works, Director of Community Services Director, City Park Supervisor, and/or Public Works Manager. 5.80.030 Duties and Responsibilities It shall be the responsibility of the City Tree Committee to study, investigate, council and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks and in the public right-of-way. 5.80.040 Street Tree Species to be Planted The official street tree species list for the City of Lake Elsinore shall be the list identified in the Landscape Guidelines. No species other than those included in this list may be planted as street trees without written permission of the City Tree Committee. 5.80.050 Spacing The spacing of street trees shall be in accordance with the Landscape Guidelines. 5.80.060 Distance from the Curb and Sidewalk The distance street trees may be planted from curbs or curb lines and sidewalks shall be in accordance with the Landscape Guidelines. 5.80.070 Distance from Street Corners The distance street trees may be planted from street corners shall be in accordance with Landscape Guidelines. 5.80.080 Utilities No street trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility. 5.80.090 Public Tree Care The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs in City parks and within the City right-of-way as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. n I: n The City Tree Committee may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. 5.80.100 Tree Topping It shall be unlawful as a normal practice for any person, firm, or City department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Committee. 5.80.110 Pruning, Corner Clearance Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8') above the surface of the street or sidewalk. Such owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign. 5.80.120 Dead or Diseased Tree Removal The City hereby declares that dead or diseased trees on private property within the City constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. Such dead or diseased trees are a public nuisance and shall be subject to removal pursuant to Chapter 8.18 and/or Chapter 8.32. 5.80.130 Removal of Stumps All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. 5.80.140 Arborist License and Bond It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for and procuring a City Business License. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. r n ~ SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 28th day of October, 2008. ~ ATT~J?c1~/ CAR COWLEY . INTERIM CITY CLERK APPROVED AS TO FORM: n ~ n STATE OF CALIFORNIA COUNTY OF RIVERSUDE CITY OF LAKE ELSINORE ) )ss. ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore,. California, hereby certify that the foregoing Ordinance No. 1256 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 14th day of October 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 28th day of October, 2008, by the following roll call vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, Councilmember Robert Schiffner NOES: None ABSENT: None ABSTAIN: None ~d~ C OL CO LEY INTERIM CITY CLERK I r n ORDINANCE NO. 1257 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.13 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF SOLICITATION WHEREAS, the City desires to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life while providing same and appropriate venues for constitutionally protected activity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 8.13 of the Lake Elsinore Municipal Code is added as follows: CHAPTER 8.13 REGULATION OF SOLICITATION 8.13.010 Purpose The purpose of this chapter is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life while providing same and appropriate venues for constitutionally protected activity 8.13.020 Definitions "Automated teller machine" means a machine, other than a telephone: 1. that is capable of being operated by a customer of a financial institution; 2. by which the customer may communicate to the financial institution a request to withdraw, deposit, transfer funds, make payment, or otherWise conduct financial business for the customer or for another person directly from the customer's account or from the customer's account under a line of credit previously authorized by the financial institution for the customer; and 3. the use of which mayor may not involve personnel of a financial institution. "Coercion" means: 1. to approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent ~ n n I i bodily injury or the commission of a criminal act upon the person or another person or upon property in the person's immediate possession; 2. to persist in a solicitation after the person solicited has given a negative response; 3. to block, either individually or as a part of a group of persons, the passage of a solicited person; 4. to engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands; 5. to use violent or threatening gestures toward a person; 6. willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return; or 7. to use profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction. "Exterior public pay telephone" means any coin or credit card reader telephone that is: 1. installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and 2. accessible and available for use by members of the general public. "Public transportation facility" means a facility or designated location that is owned, operated, or maintained by a city, county, county transportation authority, public transportation benefit area, regional transit authority, or metropolitan municipal corporation within the state. "Public transportation stop" means an area officially marked and designated as a place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis. "Public transportation vehicle" has the meaning given that term in RCW 46.04.355, as currently adopted or as it may be amended in the future. "Self-service car wash" means a structure: 1. at which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin-operated machine; and 2. that is accessible and available for use by members of the general public. "Self-service fuel pump" means a fuel pump: n 1. from which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, with or without the aid of an employee or attendant of the premises at which the fuel pump is located; and 2. that is accessible and available for use by members of the general public. "Solicit" and all derivative forms of "solicit" means to ask, beg, solicit, or plead, whether orally or in a written or printed manner, for the purpose of immediately receiving contributions, alms, charity, or gifts or items of value for oneself or another person. 8.13.030 Place of solicitation A. Solicitation near designated locations and facilities. 1. It is unlawful for any person to solicit another person within 15 feet of: a. an automated teller machine; b. the entrance of a building, unless the solicitor has permission from the owner or occupant; c. n d. e. f. g. an exterior public pay telephone; a self-service car wash; a self-service fuel pump; a public transportation stop; or any parked vehicle as occupants of such vehicle enter or exit such vehicle. 2. It is unlawful for a person to solicit another person: a. after sunset or before sunrise; b. in any public transportation facility or vehicle. c. by approaching an operator or occupant of a motor vehicle while such vehicle is located on a public roadway, unless for the purpose of summoning aid or requesting assistance in an emergency situation. B. For purposes of subsection A, measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following: n ~ r n 1. the nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine; 2. the nearest entrance or exit of a building; 3. the nearest part of an exterior public pay telephone; 4. the nearest part of the structure of a self-service car wash; 5. the nearest part of a self-service fuel pump; 6. the nearest point of any sign or marking designating an area as a public transportation stop; or 7. any door of a parked vehicle that is being used by an occupant of such vehicle to enter or exit such vehicle. 8.13.040 Solicitation by Coercion It is unlawful for a person to solicit by coercion. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 28th day of October, 2008. ~Id~ ~R-Y-l:1'lICKMAN MAYOR r r r APPROVED AS TO FORM: STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1257 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 14th day of October 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 28th day of October, 2008, by the following roll call vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmember Thomas Buckley, Councilmember Rmbert Magee, Councilmember Robert Schiff Her NOES: None ABSENT: None ABSTAIN:None CAROL COWLEY INTERIM CITY CLERK MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 9, 2007 ****************************************************************** CALL TO ORDER The Special City Council Meeting was called to order by Mayor Magee at 4:51 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 Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Community Services Director Sapp, City Engineer Seumalo, Information/Communications Manager Dennis, Building & Safety Manager Chipman, City Treasurer Weber and City Clerk Ray. PUBLIC COMMENTS - 3 MINUTES None. CLOSED SESSION City Attorney Leibold noted that the purpose of the Special Meeting was to include one additional item of Closed Session. Page 2 - Special City Council Meeting Minutes - January 9, 2007 a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8: Property: A.P.N. 389-100-025 Negotiating parties: City of Lake Elsinore and David & Elizabeth Harrold Under negotiation: price and terms of payment. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADD THE CLOSED SESSION ITEM TO THE AGENDA. The Special City Council Meeting was adj'P ?~., t~) ROBERTE.M E,MAYOR CITY OF LA LSINORE RESPECTFULLY SUBMITTED: ~c U'clLUJ ~ill119- J Go MIC~ELLE SOTO, DEPUTY CITY CLERK (- k' ", .,.,'''\ " /.....C ,.,._m_,_ _ ,,,/' \2 ~". _ !C,~ DERICK RA Y, C~C, ~ITY C[EcrK CITY OF LAKE ELSINORE MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 9, 2007 **************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN (Councilmember Hickman arrived at 4:08 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resource Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis. Agenda Item No._ Page 1 of 17 Page 2 - City Council Meeting Minutes - January 9, 2007 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, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to Subdivision (c) of Gov't Code ~ 54956.9 (2 potential cases) B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Initiation of litigation pursuant to Subdivision (b) of Gov't Code ~ 54956.9 (1 potential case) CLOSED SESSION REPORT 7:16:02 PM City Attorney Leibold announced that the City Council met in Closed Session to discuss 4 items. She noted that 3 of the items were previously identified on the agenda as indicated above, all involving anticipated litigation. She noted that 2 potential cases were discussed under subdivision "c" of Section 54956.9. She noted that there was no reportable action as to one of those items. She noted that the second item involved a discussion of County Tentative Tract Map Nos. 22626 and 22626-1. She noted that the City Council received a Preliminary Investigation conducted by staff and requested that staff continue to investigate and evaluate the Agenda Item No,_ Page 2 of 17 Page 3 - City Council Meeting Minutes - January 9, 2007 issues and directed staff to contact the interested parties. She noted that a third item, one potential case, under the same authority of Gov't Code Section 54956.9(c) was added that evening by a vote of 4-0 of the Council under the urgency provisions of the Brown Act, Section 54954.2. She noted that there was no reportable action on that item. She noted that the fourth and last item discussed was one case of anticipated litigation under the authority of Subdivision "b" of Section 54956.9. She noted one potential case was discussed and there was no reportable action. PRESENTATION/CEREMONIALS 7:05:30 PM A. Proclamation - Blood Bank of San Bernardino and Riverside Counties. Mayor Magee called Lynn Effmger forward to join him at the podium. Mayor Magee read and presented the Proclamation to Mr. Effinger. Mr. Effinger thanked Council for the Proclamation. He commented that his organization had been serving the area since 1951. He noted that they drew over 140,000 pints of blood last year. He noted 57 pints of blood were donated at the Lake Elsinore Elks Lodge. He noted that Lake Elsinore had played a very vital role in their success over the years. 7:09:15 PM B. Business of the Quarter. Mayor Magee called Gary Morris forward to join him at the podium. Mayor Magee noted that Mr. Morris was the owner ofMBC Constructors. He noted that they were a locally owned and operated business that had been in the City for more than 25 years providing sewer and water services to the growing valley. Mayor Magee thanked Mr. Morris for his contribution to the town and being a great benefactor to the City. Agenda Item No._ Page 3 of 17 Page 4 - City Council Meeting Minutes - January 9, 2007 7:10:56 PM C. Presentation -LEPD Volunteers of the Year. Mayor Magee called Chief of Police Fetherolf to join him at the podium. Chief of Police Fetherolf commented that in 1997 the Lake Elsinore Police Department implemented the Elsinore Valley Youth Court Diversion Program. He noted that the Youth Court Program is a crime diversion program for pre-delinquent youth. He described the Youth Court Program in further detail. Chief of Police Fetherolf noted that Youth Court would not be successful without the numerous volunteers. He noted that there were a number of volunteers who would be sharing the honor of "Volunteer of the Year" for the Lake Elsinore Police Department in 2006. Chief of Police Fetherolf noted that the volunteers he was honoring were Cal Crosby, Mike Lewis, Mary Marquez, Brad Curtis, Danine Diaz, Tim Hodges, Deputy District Attorney Raquel Marquez and Code Enforcement Officer Shawn Slater. He presented the Volunteers of the Year for the Lake Elsinore Police Department. He noted that Deputy District Attorney Raquel Marquez and Code Enforcement Officer Shawn Slater were not present. Chief of Police Fetherolf asked Mayor Magee to join him at the podium. He noted that the Mayor and City Council had been very supportive of the Youth Court program. He noted that the Council had deeply invested in the futures of the City's at-risk youth. He presented a plaque to the Council for their support and contribution. Mayor Magee thanked the volunteers for giving back to the community. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE 7:17:28 PM Russ Bums noted that he was the Chairperson for the Lake Elsinore Historical Society Fire Engine Restoration Team. He inquired on getting Council's support in procuring a structure to put the City's first fire engine. He noted that the engine had been restored. Agenda Item No._ Page 4 of 17 Page 5 - City Council Meeting Minutes - January 9, 2007 Chris Hyland commented on the paving of Machado Street and Riverside Drive. She noted that she had been requesting for the past several years that the area be paved. She noted that she had documents that stated the County had dedicated to the City all of Grand Avenue from Machado Street to Riverside Drive. Barbara Anderson, NAACP, commented that the Council and the public were invited to attend the Lake Elsinore Southwest Riverside County NAACP 2nd Annual Dr. Martin Luther King Jr. Prayer Breakfast on January 15,2007 from 8:30 to 10:30 a.m. She noted that the event would be held at Diamond Stadium and tickets were on sale for $20 per person. She commented on last year's attendance. Ruth Atkins commented that the manner in which Time Warner was serving their customers was very poor. She noted that residents of Lake Elsinore deserved better treatment than they were being given. Rod Oshita, Fairway Commercial Partners, commented on the new landscape ordinance. He noted that he felt it would greatly benefit the City if the ordinance was reconsidered and discussed further with input from the local real estate community. Mario Fernandez commented that he had received notices to take his fences down around his property on 1010 Lakeshore Drive. He inquired on the procedure he needed to follow to contest what was being asked in the notice. Mayor Magee deferred Mr. Fernandez to Community Development Director Preisendanz. Dorothy Spiegelberg commented that Mr. Fernandez was her neighbor and that she had also received notices to take her fences down around her property. She commented that she did not have the money to remove her fencing. Mayor Magee deferred Ms. Spiegelberg to Community Development Director Preisendanz. Kim Cousins, Chamber of Commerce President, commented that the Chamber was holding their 58th annual Installation Dinner and Awards Ceremony. He noted that the event would be held January 2th at Pechanga Casino from 6 to 11 p.m. Agenda Item No,_ Page 5 of 17 Page 6 - City Council Meeting Minutes - January 9, 2007 CONSENT CALENDAR ITEMS 7:27:35 PM MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Mayor Magee noted that one change was made to Item No. 10 regarding City Council Committee Appointments. He noted Councilmember Buckley would be substituting for Mayor Magee as the Animal Friends of the Valley liaison. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 1. The following minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - November 14, 2006. b. City Council Meeting - November 14,2006. c. Joint City Council/Redevelopment Agency Study Session - November 28, 2006. d. City Council Meeting - November 28, 2006. 2. Ratified Warrant List for December 15,2006. 3. Ratified Warrant List for December 29,2006. 4. Authorized the expenditure of $49,725 for the purchase of two full size pick up trucks as described in the staff report. 5. Approved Final Map No. 31920-2. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31920-2. 6. Approved Final Map No. 31920-3. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31920-3. Agenda Item Noo_ Page 6 of 17 Page 7 - City Council Meeting Minutes - January 9, 2007 7. Approved Final Map No. 31920-4. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31920-4. 8. Approved Final Map No. 31920.-5. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31920-5. 9. Approved Final Map No. 31920-6. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31920-6. 10. Discussed and appointed representatives for Calendar Year 2007 to the appropriate Committees. 11. Authorized the City Manager, or a staff designee, to finalize the Lake Elsinore Codification Services, Design, Development and Hosting online in addition to a complete legal review of the Code RFP for public notice and distribution to codification vendors. 12. Adopt Resolution No. 2007-01 which names Mr. James R. Riley as an additional authorized signer for all Local Agency Investment Accounts held at the State of California. 13. Approved the Lease Agreement and Addendum No.1. Authorized the Mayor to execute the Lease Agreement. 14. Approved the Engineer's Report for Annexation No. 15 (Ridgestone Apartments) to LLMD No.1. Adopted Resolution No. 2007-02 of Intention to Annex into LLMD No.1. Scheduled a public hearing on the District Formation for February 13, 2007. 15. Received and filed the Annual Special Tax Levy Reports. Agenda Item No,_ Page 7 of! 7 Page 8 - City Council Meeting Minutes - January 9, 2007 16. Approved an additional $50,000 from the LLMD fund for the project. Awarded the contract to D&S Electric for $68,000. Authorized the Mayor to execute the contract with D&S Electric. 17. Approved Change Order No.2 for $99,618.92. Authorized the City Manager to execute Change Order No.2 with RJ. Noble Company. 18. Authorized the City Manager to enter into a contract with PDC to prepare the CEQA compliance documents for Tentative Tract Map No. 32537 and its associated cases in an amount not to exceed $34,562. PUBLIC HEARINGS None. BUSINESS ITEMS 7:28:20 PM 31. Cruise Night Reconsideration. Community Services Director Sapp commented on the item. He noted past discussions on the item. Mayor Magee inquired on the manner in which the businesses on Main Street were notified. Community Services Director Sapp noted that letters were hand delivered last week which notified them of that evening's Council meeting. Ruth Atkins read a statement from the President of the Downtown Merchant's Association. She read the statement into the record. The statement read that the Cruise Night had the support of 93 % of the businesses on Main Street. Agenda Item No._ Page 8 of17 Page 9 - City Council Meeting Minutes - January 9, 2007 Ms. Atkins noted that the Car Show benefited the merchants. She noted that the Historical Society enjoyed having the museum open during those kinds of events. Kim Cousins, Chamber of Commerce President, commented on a packet that he had provided to the Council. He commented on the number of cars and people that attend the event. Mayor Pro Tern Hickman commented if any consideration had been given for a Sunday auto show. Mr. Cousins commented that they could give consideration to holding the event on a Sunday. Mayor Pro Tern Hickman suggested moving it to the 4th Sunday of the month. Councilmember Schiffner commented that he thought he would hear from businesses on Main Street. He noted that they had not provided any information. He noted that there were no negative comments made that evening and that he would be in favor of continuing the car show. Councilmember Buckley commented that item had been discussed 6 times in the last 5 years. He commented on light during the summer hours. Mr. Cousins suggested addressing the matter again in December 2007. Councilmember Kelley commented that there was no one in attendance who was opposing. She noted that she would support the recommendation. She noted that she would like to see some data on the event. Councilmember Schiffner noted that he thought Council made it clear that they were willing to do the event on a temporary basis for 3 months. He noted that he thought they also made it clear that it would give the Council an opportunity to settle the question of whether or not the event was a good thing for downtown. He noted his disappointment with downtown businesses not showing up for the meeting and voicing whether or not they were in favor of the item. Agenda Item No,_ Page 9 of1? Page 10 - City Council Meeting Minutes - January 9, 2007 Mayor Pro Tern Hickman suggested doing the event from 2 to 5 p.m. on a Sunday in October and November. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE THE CAR SHOW AND CLOSURE OF MAIN STREET AS PROVIDED BY THE MAP FROM THE CHAMBER OF COMMERCE. Mayor Magee suggested that the downtown merchants provide Council with some economic analysis that shows a benefit or a loss. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 7:48:30 PM 32. Planning Commission Compensation. Community Development Director Preisendanz commented on the item. He noted that at the regular scheduled meeting on November 21,2006, the Planning Commission directed staff to prepare a resolution for Council consideration for an increase in the stipend amount paid to each Planning Commissioner. He noted that the Planning Commission also directed staff to include a request for an allowance and availability of health insurance benefits. He noted that the Planning Commission requested that their stipend increase from $50 per meeting to $100 per meeting. He noted that additionally the Planning Commission was also requesting a monthly allowance of$I,050 to be used toward health insurance benefits as allowed under the Public Retirement System. Michael O'Neal, Planning Commission Chairman, commented on the significance of the Planning Commission. He noted that the intention of the request was an attempt to establish a dialogue with Council about compensation. Councilmember Buckley inquired if any other jurisdictions provided benefits to Planning Commissioners. Community Development Director Preisendanz indicated that none of the surrounding jurisdictions provided benefits for their Planning Commission. Councilmember Buckley commented that every Commission did a lot more than what met the eye. He noted that he would be in support of allowing any Agenda Item No._ Page 10 of 17 Page 11- City Council Meeting Minutes - January 9, 2007 Commissioner to buy health insurance through the City. Councilmember Kelley commented on the compensation resolution. Community Development Director Preisendanz noted that the Planning Commission would only receive compensation for up to 3 meetings per month. He noted that the Commission would not receive compensation for study sessions. Councilmember Kelley noted that she would not be able to support giving them benefits. Mayor Pro Tern Hickman noted that the raise was well deserved. He inquired if the PSAC could be included for a pay raise. Councilmember Schiffner noted that the Commission did a good job. He noted that he was in support of increasing their stipend, but he was not in support of them receiving benefits. Mayor Magee noted that the Planning Commission had not had a pay increase in 23 years. He noted he was in support of increasing their stipend. He noted that he could not support providing them with health benefits. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO APPROVE THE PLANNING COMMISSION'S INCREASE IN COMPENSATION AND ALLOW FOR THE OPPORTUNITY FOR THE PLANNING COMMISSIONER'S TO PURCHASE HEALTH BENEFITS THROUGH THE CITY. Councilmember Buckley inquired if the motion would include the ability, if the Commissioner so chooses, to purchase health benefits through the City. City Attorney Leibold noted that she was not certain if that was a possibility. She noted that she would need to look into what the provisions were in regard to purchasing health benefits. Councilmember Schiffner noted that he had no objection to including that since it would not put any strain on the City. Agenda Item No,_ Page 11 of 17 Page 12 - City Council Meeting Minutes - January 9, 2007 Councilmember Kelley commented that she wanted to make sure that there was no obligation to the City. She noted that she would prefer that Council direct the City Attorney to bring the information back to Council and let the motion go without that additional item until Council receives additional information. Mayor Pro Tern Hickman directed the City Attorney to bring back information on giving an increase to the PSAC. COUNCILMEMBER KELLEY MADE THE FOLLOWING SUBSTITUTE MOTION: MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE PAY RAISE AND BE MUTE ON ANY BENEFIT FOR HEALTH INSURANCE, WHETHER PAID FOR BY THE COMMISSIONER OR BY THE CITY, AND DIRECT STAFF TO COME BACK WITH AN ANSWER AS TO WHETHER OR NOT A COMMISSIONER MAY PURCHASE AT HIS/HER OWN EXPENSE HEALTH BENEFITS UNDER THE CITY UMBRELLA, IN ADDITION DIRECT STAFF TO COME BACK WITH A RECOMMENDATION REGARDING POTENTIAL STIPENDS FOR THE PUBLIC SAFETY ADVISORY COMMISSION. 8:02:34 PM 33. 33rdYear CDBG Allocation. Community Services Director Sapp commented on the item. He noted that each City receives an allocation of Community Development Block Grant Funds on a per-capita basis from the Department of Urban Housing and Development. Community Services Director Sapp noted that the City's allocations were based on $200 thousand a year. He noted that 15% or $30 thousand could be used for social service programs. He noted that the balance of the 85% or $170 thousand could be allocated toward Public Works or Code Enforcement activities. Community Services Director Sapp noted that the City had received 8 applications before the filing deadline totaling over $281 thousand. He commented on staff's recommendations. Agenda Item No,_ Page 12 of 17 Page 13 - City Council Meeting Minutes - January 9, 2007 Councilmember Schiffner commented on the number of requests received. He noted that he would be in support of staff's recommendation. Mayor Pro Tern Hickman noted that he agreed with Councilmember Schiffner. He noted that it was the first time in 10 years that nothing went to the Senior Center. He requested $10 thousand out of the General Fund to be used toward the Senior Center. Councilmember Kelley commented that she would like to see an equal amount between HOPE and the Boys & Girls Club. She noted that she would support staff's recommendation. Mayor Magee suggested earmarking all the programs for the budget process. MOVED BY HICKMAN, SECONDED BY MAGEE TO ADOPT THE 33RD YEAR CDBG PROGRAM AND DIRECT STAFF TO SUBMIT TO THE COUNTY OF RIVERSIDE THE CITY'S APPROVED PROGRAMS. Councilmember Schiffner suggested asking Management to include an amount of money to allocate to various charities in the budget. Mayor Magee noted that under the City Council section of the budget, there was an area where the City Council had been consistently giving to philanthropic organizations. THE FOREGOING MOTION CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT. 8:10:08 PM 34. Travel request and pre authorization for City Delegation to attend Washington, D.C. Appropriations Meetings arranged by the Ferguson Group (Washington, D.C. Lobbying Services). City Manager Brady commented on the item. He noted that the recommendation was to go back to Washington, D.C. and send designated City representatives to try and get the City's share of funds. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO DESIGNATE CITY REPRESENTATIVES AND APPROVE TRAVEL PREAUTHORIZATION FOR WASHINGTON, D.C. APPROPRIATIONS MEETINGS SCHEDULED FOR FEBRUARY 2007. Agenda Item No._ Page 13 of 17 Page 14 - City Council Meeting Minutes - January 9, 2007 Councilmember Buckley inquired on the date of return. City Manager Brady confirmed that they would return on the ih. Mayor Magee commented on the item. He noted that during the 4 p.m. session, it was discussed that the meeting with the Ferguson Group would take place on the 6th. City Manager Brady commented on the budgeted amount. Councilmember Buckley inquired if part of the funding would come out of the RDA budget. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:15 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:18 P.M. PUBLIC COMMENT 8:18:16 PM Chris Hyland commented on safety hazards with RV's and boats being parked on streets. She commented on the new vehicle parking ordinance. She noted that she received a call that a resident was told by Code Enforcement that if the vehicle was moved 1 inch, the owner of the vehicle could keep it there for another 24 hours. She noted that there should be some consideration to changing the ordinance in regard to that matter. She noted that the City was in good financial standing and staff was doing a great job. She noted that she had hoped Council would take paving Grand Avenue into consideration. CITY MANAGER COMMENTS 8:20:55 PM City Manager Brady commented on the following: 1) Announced the Mid-year budget study session would be January 18th at 4 p.m. Agenda Item No,_ Page 14 of 17 Page 15 - City Council Meeting Minutes - January 9, 2007 CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS 8:21:37 PM City Treasurer Weber commented on the following: 1) Commented on the upcoming mid-year budget study session. He noted that there were some challenges that lied ahead. CITY COUNCIL COMMENTS 8:22:27 PM Mayor Pro Tern Hickman commented on the following: 1) Commented that the Martin Luther King Prayer Breakfast was Monday, January 15th from 8:30 to 10 a.m. at the Diamond Club. Commented on the Chamber of Commerce 58th annual Installation Dinner. 2) 3) Warned against a scam that was being circulated via e-mail that was requesting Social Security Numbers. 4) Thanked the Temescal Canyon High School Cheerleaders for adopting Senior Citizens over the holidays. 8:23:38 PM Councilmember Buckley commented on the following: 1) Noted that the Animal Shelter Joint Powers Authority Meeting was January 18th. He noted that it conflicted with the mid-year budget. He noted that he would do his best to try and attend the budget study session. Agenda Item No._ Page 15 of 17 Page 16 - City Council Meeting Minutes - January 9, 2007 8:24:50 PM Mayor Magee commented on the following: 1) Suggested that staff work with Mr. Bums for the fire engine restoration. 2) Requested that staff address Ms. Atkins' comments about Time Warner. He noted that he had received a lot of complaints about the level of service with Time Warner in regard to cable television and internet services. He suggested putting them on an agenda item so they can explain their level of service or lack thereof. 3) Commented on the change in landscape standards in industrial areas. He noted that he had been bombarded with complaints about the increase in the standards. He noted that staff would be having meeting with those individuals to discuss the ordinance. He noted that there may not have been an adequate amount of public outreach to the development community before the ordinance went forward. 4) Commented on Cruise Night. Noted that a way to get the economic benefit number would be to not agendize the item until those numbers are provided to staff. 5) Commented on the lack of baseball fields at Alberhill Ranch. He noted that staff indicated that soccer would be played in that area. He noted that he was reminded by the President of the Lake Elsinore Little League that baseball was still America's past time and that they were desperately short of fields. He requested that staff get together with the Little League and discuss the needs for the Little League, adult softball and for girl's softball. 6) Commented on the loss of President Ford. He noted that President Ford was a true patriot and served with kindness and dignity and helped the nation heal. Mayor Magee closed the meeting in honor of President Ford. The Regular City Council Meeting was adjourned at 8:28 p.m. Agenda Item No,_ Page 16 of 17 Page 17 - City Council Meeting Minutes - January 9, 2007 ,/7 i~{/Z ROBERT E. MAG E, MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: f n / Af'# c~ IJ~, "'--->>V fuv-p ~ I ,-/let MICHELLE SOTO, DEPU~Y CITY CLERK ~ ""'''' -,,-"'.. .-, ) . ".,................ \ - ~ -~/-"'f' )L .~......____..__..__..______~ C::f2--- FREDERICK RAY, CMC, CITY CLERK CITY OF LAKE ELSINORE Agenda Item No.._ Page 17 of 17 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 23, 2007 **************************************************************** 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, Lake & Aquatic Resource Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis. Agenda Item No,_ Page 1 of 15 Page 2 - City Council Meeting Minutes - January 23, 2007 INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY (Councilmember Buckley arrived at 7:08 p.m.) 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, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EV ALUTAION (Pursuant to Gov't Code 9 54957: City Clerk) B. CONFERNECE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code 9 54956.9: (2 potential cases) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8): Property: APN 370-060-050 (33751 Mission Trail) Negotiating parties: City of Lake Elsinore and County of Riverside Under negotiation: price and terms of payment Agenda Item Noo_ Page 2 of 15 Page 3 - City Council Meeting Minutes - January 23, 2007 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8): Property: APNs 389-100-015; 389-100-016; 389-100-019; 389-100-024; 389-100-025 Negotiating parties: City of Lake Elsinore and David L & Margot M. Frymire; Wanda Myers & Tyra Elliott; Michael P. & Elene F. Mackey Trust; David & Elizabeth Harrold Under negotiation: price and terms of payment CLOSED SESSION REPORT 7:14:32 PM City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A, B, C and D" were discussed and there was no reportable action. PRESENTATION/CEREMONIALS 7:07:35 PM A. Presentation - Certificate of Appreciation - H.O.P.E. Mayor Magee called Ron Hewison forward to join him at the podium. Mayor Pro Tern Hickman read and presented the Certificate of Appreciation to Mr. Hewison. Mayor Pro-Tern Hickman commended H.O.P.E. for their work in serving the community throughout the year. Mr. Hewison thanked the City Council and commented on H.O.P.E. being a partnership within the community. He also commented on a need for volunteers. B. Business of the Year 2006 - Castle & Cooke. Mayor Magee called Tom Tomlison forward to join him at the podium. Mayor Magee commended Castle & Cooke for their contribution to our community and for their involvement in building the Boys and Girls Club. Mr. Tomlinson thanked the City Council on behalf of Castle & Cooke Chairman David H. Murdock. Agenda Item No,_ Page 3 of 15 Page 4 - City Council Meeting Minutes - January 23, 2007 C. Chamber of Commerce Update. Mayor Magee called Mr. Kim Cousins to the podium. Mr. Cousins noted that the Chamber had an outstanding year in 2006. He noted the Chamber membership has grown by over 37%. He noted that the Chamber website had also grown. Mr. Cousins commented on the Installation Dinner and Awards Ceremony being held at Pechanga on th January 27 . PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE 7:17:51 PM Ruth Atkins commented on a play being presented by a resident playwright at Elsinore High School and encouraged all to attend the production. Bill Arnold commented on his concern for the taxation in the Summerhill area and the increase in the number of homes for rent. He also noted that Section 8 was being brought into their neighborhoods by residents unable to sell their homes because of high taxes. Mark Gibbs commented on the $2.5 million property tax in Summerhill area and the increase in empty houses. Alexis Gibson commented on the $2.5 million property tax being given back to the residents of Summerhill. CONSENT CALENDAR ITEMS 7:24:41 PM MOVED BY KELLEY, SECONDED BY SCHIFFER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following minutes were approved: a. J oint City Council/Redevelopment Agency Study Session - December 12,2006. b. City Council Meeting - December 12,2006. Agenda Item No._ Page 4 of 15 Page 5 - City Council Meeting Minutes - January 23, 2007 2. Ratified Warrant List for January 16,2007. 3. Received and filed Investment Report for September 2006. 4. Received and filed Investment Report for October 2006. 5. Received and filed Investment Report for November 2006. 6. Rejected claims against the City submitted by Jose Prado, Craig Insurance Services on behalf of Juan Navarrete and Helena Stepniak. 7. Issued a 60-day notice of termination to Merchants Building Maintenance Co., termination effective March 31, 2007. Executed a Maintenance Contract agreement with Environmental Cleaning Solutions for a one (1) year term commencing April 1, 2007, and can be extended in one (1) year increments (up to three years) with City Manager approval. 8. Approved the Records Management Consulting Agreement with Gladwell Governmental Consultant Services and authorized the City Manager to execute the agreement, subject to such minor modifications and in such final form as approved by the City Attorney. PUBLIC HEARINGS 7:25:25 PM 21. Canyon Hills Estates - Final Environmental Impact Report No. 2006-02 General Plan Amendment No. 2006-04, Specific Plan No. 2006-01 and Tentative Tract Map No. 34249. Community Development Director Preisendanz commented on resident's concerns regarding public noticing. He noted that all City residents were notified by mail, newspaper advertising and notices that were posted at the project site, as well as City Hall. He noted residents expressed a concern regarding Navajo Springs Road which was a private road being used for public use. Christine Porter commented that she has received previous notices, but did not receive the last notice. She noted the project borders her property line. She also commented on her concern for the economy being able to sustain another 300 homes. Agenda Item Noo_ Page 5 of 15 Page 6 - City Council Meeting Minutes - January 23, 2007 Tracy Thompson commented on her concern regarding the traffic on Lost Road, onto Navajo Springs Road. She commented on the safety of the children in the area of the school and the park. She also inquired whether or not a new school will be built to accommodate new residents. Steve Uraine commented that he was against the use of the private road to access the development. Mr. Sebaz commented that he was against the annexation. John Flanagan commented that he was in favor of the annexation. Bridget Moore commented on the rights of the land owners. Bob Cashman commented on the Wildomar boundaries and stated that the annexation was hostile. Sheryl Aide commented on her concern for the wildlife and the small efforts of Trumark. Gary Andrea commented on current trails and access to the trails. Michael O'Neal, Chairman of the Planning Commission, commented that the Planning Commission voted 5-0 to approve the item and commended staff members for their hard work. Vicki Mata of Trumark thanked City staff for all their hard work on the project. Mayor Magee requested that staff address the questions and concerns presented. City Engineer Seumalo commented on funding mechanisms and the cooperation needed to improve the circulation of the roads. He commented on a traffic study that was done and was reviewed by the Engineering staff. Community Services Director Sapp commented on meeting with Mr. Andre and the developer to discuss the importance of the development. Agenda Item No._ Page 6 of 15 Page 7 - City Council Meeting Minutes - January 23, 2007 Community Development Director Preisendanz commented on sufficient buffering between the existing development and the proposed development. Administrative Services Director Pressey commented on the negotiation for taxes related to this annexation. Mayor Magee closed the public hearing at 8:01 p.m. Councilmember Buckley inquired that if once you are annexed into the City, you are included in the mosquito district. He inquired on what Trumark expected home sale prices would be. Vicki Mata Trumark, stated that they are expected to be priced from the mid $300 thousand to $800 thousand. Councilmember Buckley commented on the redesign of the road in case of denial. He further commented on working with the Trails Commission and the developer regarding the type of trails needed. He noted the number of homes in Canyon Hills. He commented on the dramatic changes to the City recently. Councilmember Kelley commented on Homeowners Association meetings and how Ms. Mata stated that Trumark remained in contact with the homeowners and no questions or concerns have been addressed. Aileen Taber, Trumark Attorney, commented on the difference between a private, public and county road. She stated Navajo Springs is considered to be a public road. Councilmember Buckley inquired on whether a school was being built or if the project had been abandoned. Ms. Taber stated that the school boundaries are being reconsidered. Councilmember Kelley commented that she supported the item. Mayor Pro Tern Hickman commented on his concern for the safety of the children and if it would be possible to install a stop sign. City Engineer Seumalo stated a traffic study could be done. Agenda Item No._ Page 7 of 15 Page 8 - City Council Meeting Minutes - January 23, 2007 Mayor Pro Tern Hickman commented that Rick Estes, President of the Wildomar Chamber, had agreed to work with City staff and RCTC on the road development program. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-04 CERTIFYING ENVIRONMENTAL IMP ACT REPORT NO. 2006-02. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION 2007-05 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-06 APPROVING GENERAL PLAN AMENDMENT NO. 2006-04. MOVED BY SCHIFFNER SECONDED BY BUCKLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1207. ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2006-01. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Agenda Item Noo_ Page 8 of 15 Page 9 - City Council Meeting Minutes - January 23, 2007 MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS TO ADOPT RESOLUTION 2007- 07 APPROVING TENTATIVE TRACT MAP NO. 34249 AND TO INCLUDE A TRAFFIC STUDY OF LOST ROAD AT THE EXPENSE OF THE DEVELOPER. 22. Tentative Tract Map No. 32481 Cape of Good Hope Specific Plan. 8:25:37 PM Mayor Magee opened the public hearing at 8:22 P.M. Community Development Director Preisendanz commented on the size of the lots. He stated that the Planning Commission recommended approval. Elvia Miller commented she was against the project and the traffic that it would bring to the City. She noted she was not in favor of cutting trees, she noted that it contributed to global warming. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone wishing to speak at all. Randy Zigler, applicant, stated he could not control the weather, the oak trees or global warming. Mayor Magee closed public hearing at 8:26 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-08 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-09 APPROVING TENTATIVE TRACT MAP NO. 32481. 8:32:05 PM 23. Resolution approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No.1 as Annexation Area No. 14 (Trieste) pursuant to the Landscaping and Lighting Act of 1972. Agenda Item No._ Page 9 of 15 Page 10 - City Council Meeting Minutes - January 23, 2007 Mayor Magee opened the public hearing at 8:27 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the annexation being set up to pay for the cost of electricity to maintain the street lights in the development. He stated staff and Council would review the cost which would be levied each year. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone who wished to speak at all. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-10 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. Mayor Magee inquired if there were any property owners subject to the proposed assessments 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 purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 8:30 p.m. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced that a majority protest did not exist. Agenda Item Noo_ Page 10 of 15 Page 11- City Council Meeting Minutes - January 23, 2007 THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 8:36:02 PM 24. Approving Fee Deposit and Reimbursement Agreements, approving the formation of CFD No. 2006-09 (Trieste); to incur bonded indebtedness and calling a special election; canvassing election results; authorizing levy of special taxes. Mayor Magee opened the public hearing at 8:31 p.m. City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Ray announced that the notice had been published in accordance of the Mello Roos Community Facilities Act of 1982 and proof of such publication is on file in the City Clerk's office. Administrative Services Director Pressey commented on the number of units associated with the project, and the improvements that would take place. He stated the average residential special tax was set for $2,895 which was within the 2% City guidelines. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Bridget Moore commented on bringing more condominiums to the area and she stated that she is not in favor of this project. Mayor Magee inquired if there were any property owners subject to the proposed assessments 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 purpose of a majority protest, only written protests were to be considered. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-11 APPROVING TWO FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS. Agenda Item No._ Page 11 of 15 Page 12 - City Council Meeting Minutes - January 23, 2007 MOVED BY HICHMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-12 APPROVING THE FORMATION OF THE DISTRICT. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-13 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 are in favor. 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. 2007-14 ORDERING CANVASSING OF THE ELECTION RESULTS. Ms. Moore commented on bringing more condominiums to the area. She stated that she is not in favor of the project. Mayor Magee inquired if there were any property owners subject to the proposed assessments 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 purpose of a majority protest, only written protests were to be considered. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1208. ORDINANCE NO. 1208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAX. Agenda Item No,_ Page 12 ofl5 Page 13 - City Council Meeting Minutes - January 23, 2007 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. 2008 Appropriations Request. City Manager Brady commented on projects that Council would seek funding for from Washington in February. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE PROPOSED APPROPRIATIONS REQUESTS AND CONCUR WITH DIRECTION FROM THE FERGUSON GROUP TO REINSTITUTE THE CITY'S FISCAL YEAR 2007 CONGRESSIONAL AGENDA IN FISCAL YEAR 2008. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:46 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:47 P.M. PUBLIC COMMENTS Elvia Miller commented on trees on Grand Avenue that are coming down. She inquired if anyone knew what was happening with the trees. She commented on the global climate change and was in favor of conserving trees. Agenda Item Noo_ Page 13 of IS Page 14 - City Council Meeting Minutes - January 23, 2007 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Noted there would be a Joint Planning Commission/City Council Study Session on February 1, 2007. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Noted that Council decided at the mid-year budget meeting to increase police officers and that funding will need to be looked at. CITY COUNCIL COMMENTS Mayor Pro Tem Hickman commented on the following: 1) Commented on the scam targeting Social Security recipients. Noted it was still going strong and senior citizens needed to be aware. 2) Noted that volunteers were needed to take a census on the homeless. Councilmember Buckley commented on the following: 1) Inquired when the Summerhill bond would be brought back to Council. City Manager Brady stated it will be brought back on February 27, 2007. Agenda Item Noo_ Page 14 of 15 Page 15 - City Council Meeting Minutes - January 23, 2007 The Regular City Council Meeting was adjourned a . E, MAYOR LSINORE RESPECTFULLY S~MHTEY: ~~ STEPHANIE CASTANEDA, CITY CLERK'S OFFICE Agenda Item Noo_ Page IS of 15 MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 1,2007 ****************************************************************** CALL TO ORDER The Special City Council Meeting was called to order by Mayor Magee at 4:37 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY (Councilmember Buckley arrived at 4:45 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Community Development Director Preisendanz, Information/Communications Manager Dennis and City Clerk Ray. PUBLIC COMMENTS - 3 MINUTES None. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (c) of Gov't Code ~ 54956.9: (1 potential case) B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code ~ 54957): City Clerk Page 2 - Special City Council Meeting Minutes -February 1, 2007 City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A" and "B" were discussed and there was no reportable action. The Special City Council Meeting was adjourned at 5:11 p.m. GEE, MAYOR CITY OF LA ELSINORE ATTEST: I 0 6d-Jt Mn ~ELLE SOTO, INTERIM CITY CLERK RESPECTFULLY SUBMITTED: ; /'f' / /1 li;z!;JLt (fl/;~-JL STEPHANIE CASTANEDA, CITY CLERK'S OFFICE MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 13,2007 **************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 7 :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, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, 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 Information/Communications Manager Dennis. Agenda Item No._ Page 1 of 17 Page 2 - City Council Meeting Minutes - February 13, 2007 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, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, 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 ~ 54956.9: (1 potential case) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (c) of Gov't Code ~ 54956.9: (1 potential case) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~ 54956.8): Property: APNs 389-100-015; 389-100-016; 389-100-019; 389-100-024; 389-100-025 CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A", "B" and "C" were discussed and there was no reportable action. Agenda Item No._ Page 2 of 17 Page 3 - City Council Meeting Minutes -February 13, 2007 PRESENTATION/CEREMONIALS A. Proclamation for Black History Month. Mayor Magee called Lorraine Watts forward to join him at the podium. Mayor Magee read and presented the proclamation. Ms. Watts thanked the Mayor, City Council, and City Clerk Ray for his research into Black History Month. B. Proclamation - Eagle Scout. Mayor Magee called Matthew Meineke forward to join him at the podium. Mayor Magee read and presented the proclamation. Matthew thanked the Council and everyone who supported him. C. Presentation - Caltrans. Ahmed Abou-Abdou, Caltrans Project Manager, presented a power point presentation to the City Council. He commented on the State Route 74/0rtega Highway project that will start on February 20, 2007 and take about 3 years. He stated that the project will reduce weather related disclosures and improve the safety of traffic. He also stated the construction closure timeline which is anticipated to be from 8:30 p.m. to 4:30 a.m. Councilmember Buckley commented on the traffic count that was presented. Mr. Abou-Abdou noted that the traffic count was around 13,000 vehicles per day. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Donna Franson stated that the first meeting of 2007 for the Lake Elsinore Citizens Committee will be held on March 1, 2007 at 7 :00 p.m. in the Tuscany Hills Recreation Center. She stated that for the past year and a half the committee has been working on two projects to attract people to Lake Elsinore. Agenda Item No._ Page 3 of 17 Page 4 - City Council Meeting Minutes -February 13, 2007 Carol Pollack representing the Elsinore Women's Club, commented on the dinner they will be hosting at their clubhouse. She stated all proceeds go to scholarships and other endeavors. Chris Hyland commented that she was present and alive despite rumors of an obituary with her same name. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY SCHIFFER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO PULL ITEM NO.3 AND ITEM NO.7 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Ratified Warrant List for January 31, 2007. 2. Received and filed Investment Report for December 2006. 4. Approved contract renewal with Execute Event Services for security at Diamond Stadium. 5. Authorized staff to execute a Professional Services Agreement with Beach Design, Inc for design services for the City Yard locker room not to exceed $15,700. 6. Approved the request for exception to bid procedures and awarded formal bid to Hemet Fence in the amount of$19,590. 8. Adopted Resolution No. 2007-15 approving the Construction Cooperation Agreement and authorized the Mayor to execute the agreement, subject to any minor modification as may be approved by the City Attorney. 9. Approved the expenditure of$31,000 for EVMWD to install two water meters and authorized the City Manager to execute the purchase order for the two water meters. 10. Approved the Mitigation Rights Purchase Agreement with Wildlands, Inc and authorized the Mayor to execute such agreement and any ancillary documents, subject to minor modifications a may be approved by the City Attorney. Agenda Item Noo_ Page 4 of 17 Page 5 - City Council Meeting Minutes -February 13, 2007 11. Approved Professional Services Agreement with Muniservices. 12. Approved Foreclosure Legal Services Agreement with the Law Office of Raul B. Garcia and authorized the City Manager to execute the agreement, subject to any minor modifications as approved by the City Attorney. 13. Declared the set of Annotated California Codes as surplus scrap property and authorized the City Clerk to dispose of the books accordingly. ITEMS PULLED FROM THE CONSENT CALENDAR 3. Amendment to City Clerk's Employment Agreement. Mayor Magee requested to continue the item. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE CITY CLERK'S EMPLOYMENT AGREEMENT. 7. Final Map No. 30985. Mayor Magee commented that the item was approved before he took office and he will abstain from voting. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3-1 OF THOSE PRESENT WITH MAGEE ABSTAINING TO APPROVE FINAL MAP NO. 30985 SUBJECT TO THE CITY ENGINEER'S ACCEPTANCE AS BEING TRUE AND CORRECT AND AUTHORIZE THE CITY CLERK TO ACCEPT ALL DEDICATIONS, SIGN THE MAP AND ARRANGE FOR THE RECORDATION OF THE FINAL MAP. PUBLIC HEARINGS 21. Resolution declaring weeds, rubbish, refuse and dirt a nuisance; property owners to be notified. Community Services Director Sapp commented on weeds, rubbish, refuse and dirt being a nuisance. He stated that property owners will be receiving notices giving them until May 1,2007 to clean up property or the City will begin to abate those properties that are not in compliance. Agenda Item No,_ Page 5 of 17 Page 6 - City Council Meeting Minutes -February 13, 2007 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. Mayor Magee closed the public hearing at 7 :25 p.m. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-16 AND DIRECT STAFF TO BEGIN THE ABATEMENT PROCESS FOR THE YEAR 2007. 22. Mitigated Negative Declaration No. 2004-08/Mitigation Monitoring & Reporting Program and Tentative Tract Map No. 31839 for finance and conveyance purposes. Community Development Director Preisendanz presented the Waters Edge project. He stated that the project proposes to sub-divide approximately 75 acres into 22 separate lots. He stated the lots will range in size from .25 acres to 20.6 acres, with an average size of3.4 acres. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-17 ADOPTING MITIGATIVE NEGATIVE DECLARATION NO. 2004-08/MITIGATION MONITORING AND REPORTING PROGRAM. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-18 APPROVING TENTATIVE TRACT MAP NO. 31839 FOR FINANCE AND CONVEYANCE PURPOSES. 23. Zoning Code Text Amendment No. 2006-04, Zone Change No. 2006-10, Commercial Design Review No. 2006-03 and Negative Declaration No. 2006-08. Community Development Director Preisendanz noted that the project was the renovation of the Lake Elsinore Hotel and Casino. He stated the Planning Commission unanimously recommended the City Council approve the project with modifications to Condition No.4. Agenda Item No._ Page 6 of 17 Page 7 - City Council Meeting Minutes -February 13, 2007 Councilmember Kelley stated the casino was in need of upgrading and was pleased to see the remodeling being done. Mayor Magee commented on the importance of revitalization. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-19 ADOPTING NEGATIVE DECLARATION NO. 2006-08. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-20 ADOPTING THE FINDINGS CONSISTENCY WITH THE MSHCP. MOVED BY KELLEY, SECONDED BY BUCKLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1209 ORDINANCE NO. 1209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ZONING CODE TEXT AMENDMENT NO. 2006-04. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE MOVED BY KELLEY, SECONDED BY BUCKLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1210. Agenda Item No._ Page 7 of 17 Page 8 - City Council Meeting Minutes -February 13, 2007 ORDINANCE NO. 1210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2006-10. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY A UNIANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION 2007- 21 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-03. 24. Resolution approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No.1 as Annexation Area No. 15 (Ridgestone Apartments) pursuant to the Landscaping and Lighting Act of 1972. Mayor Magee opened the public hearing at 7:35 p.m. City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Ray announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He noted that the Ridgestone Apartments include about 1,100 square feet of landscaped area along Arden Way. He noted the cost estimate was $4,613 to maintain the area of the 352 dwelling units. Agenda Item No,_ Page 8 of 17 Page 9 - City Council Meeting Minutes -February 13, 2007 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against this item. 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 assessments 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 purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:38 p.m. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced that a majority protest did not exist. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-22 APPROVING THE ANNEXATION. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1207 - Approving Specific Plan No. 2006-01 - Canyon Hills Estates. MOVED BY KELLEY, SECONDED BY BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1207. ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2006-01. Agenda Item No._ Page 9 of 17 Page 10 - City Council Meeting Minutes -February 13,2007 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NONE HICKMAN NONE 32. Second Reading - Ordinance No. 1208 - Authorizing the levy of a special tax - Trieste. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1208. ORDINANCE NO. 1208 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: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NONE HICKMAN NONE 33. Conceptual design of the Rosetta Canyon Fire Station, Park and Community Center Proj ect. Community Development Director Preisendanz presented the conceptual design including the location and architecture of the project. He noted there will be 2 phases to the project and what each phase would consist of. Agenda Item Noo_ Page 10 of 17 Page 11 - City Council Meeting Minutes -February 13, 2007 Councilmember Buckley commented on the design of the Fire Station. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONCEPTUAL DESIGN OF THE ROSETTA CANYON FIRE STATION, PARK AND COMMUNITY CENTER. 34. Lake Elsinore Valley Chamber of Commerce 2006-2007 Services Agreement. Administrative Services Director Pressey commented on the annual agreement with the Chamber to market tourism in the City and the expansion of efforts. Chris Hyland commented on an article in the newspaper stating that the City is promoting its reputation for extreme sports with the marketing campaign entering on the slogan "Dream Extreme". She also commented on her opposition to the LEAPS project. Councilmember Buckley commented on specific uses for hiring the Chamber. Councilmember Kelley thanked the Chamber for their work on the items. Mayor Magee commented on the Chamber's professionalism, doubled membership and their new visitor's website. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 2006-2007 SERVICESS AGREEMENT SUBJECT TO MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY ATTORNEY. 35. Mid-Year Budget review budget adjustments. Administrative Services Director Pressey gave an overview of the item. He noted that Council gave clear direction at the City Council/RDA Budget Study Session on January 18,2007. He noted that staff had incorporated Council's direction into the budget packet. Agenda Item Noo_ Page 11 of 17 Page 12 - City Council Meeting Minutes -February 13, 2007 Administrative Services Director Pressey noted that the largest adjustment had to do with General Law Enforcement. He noted that the budget for General Law Enforcement was increased by $367 thousand. He noted that the adjustment would allow funding for 6 additional patrol officers in addition to one Motor Sergeant, one Motor Deputy and two CSO II's. He noted that the increase in General Law Enforcement would result in a ratio of 1.2 officers per 1,000 residents. Administrative Services Director Pressey commented on the Capital Improvement Program. He noted that the 3 major adjustments for the CIP were listed in the staff report. Councilmember Buckley commented on the changes made. He commented on the Civic Center funding dropping from $1 million to $700 thousand. He noted that the $700 thousand should be enough for the design, scoping and site selection process. Councilmember Buckley commented on the increase in the number of police officers. He indicated that the statistics presented had noted an increase in gross crime, but failed to make it a per capita number. He noted that crime had not gone up on a per capita basis. MOVED BY BUCKLEY TO NOT ACCEPT PROPOSAL NO.1 FOR THE POLICE BUDGET AND TO ACCEPT PROPOSAL NO.2 WHICH WOULD ADD 6 NEW OFFICERS AS OPPOSED TO 9 OFFICERS. MOTION DIED DUE TO LACK OF A SECOND. Councilmember Kelley commented that she was delighted with Chief of Police Fetherolf's proposals. She noted that she favored Proposal No.1. She commented on Council being invited to HOA meetings regarding complaints and concerns with the increase in vandalism and crime or other unfortunate events taking place in the community. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ACCEPT PROPOSAL NO.1 FOR THE POLICE BUDGET AND TO APPROVE THE MID- YEAR BUDGET ADJUSTMENTS AS PRESENTED. Agenda Item No._ Page 12 of17 Page 13 - City Council Meeting Minutes -February 13, 2007 Mayor Magee commented on the professionalism of the Police staff. He noted that he was in favor of the opportunity of increasing the officer ratio to 1.2 per 1,000 residents. He noted that the Lake Elsinore Station's funding was controlled by the Riverside County Board of Supervisors. He noted that the City needed to call upon the County Board of Supervisors to step up to match the City's commitment. Mayor Magee noted his expectations if Council should approve Proposal No.1. Chief of Police Fetherolf commented that they will meet or exceed Council's expectations. THE FOREGOING MOTION CARRIED BY A 3-1 VOTE OF THOSE PRESENT WITH BUCKLEY ABSTAINING 36. Ordinance regarding Redevelopment Agency Members Compensation. City Attorney Leibold commented on the compensation of City Council Members who serve as Agency Board Members. She noted that as a housekeeping matter, the City Municipal Code does not codify Agency Board Member compensation. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1211 ORDINANCE NO. 1211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 2.08.030 OF THE LAKE ELSINORE MUNICIPAL CODE CODIFYING REDEVELOPMENT AGENCY BOARD MEMBER COMPENSATION. Agenda Item No._ Page 13 of 17 Page 14 - City Council Meeting Minutes -February 13, 2007 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE 37. Infrastructure Reimbursement Agreement. City Manager Brady commented on the items that would be covered under the agreement and an estimated maximum reimbursement cost. He noted that the agreement was associated with the new Chrysler, Dodge and Jeep automobile dealership that was approved by the City Council on December 12,2006. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE THE PROPOSED AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT SUBJECT TO ANY MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY ATTORNEY. City Treasurer Weber inquired on the timeline for the project and if there were any covenants in regard to a specific timeframe. Mayor Magee indicated that the delay with the power poles for Lake Chevrolet was due to the fault of Edison. City Manager Brady indicated the way the Reimbursement Agreement worked. He noted that the reimbursement did not take place immediately, but over time. He noted that if a business was not generating any revenue or sales tax dollars, they would not get reimbursed. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. Agenda Item Noo_ Page 14 of 17 Page 15 - City Council Meeting Minutes -February 13, 2007 38. Amendment to L.E.M.C. regarding setting wagering limits for gambling establishments. City Attorney Leibold indicated that the City's Municipal Code, dealing with card rooms, allows each establishment to establish their own wagering limits. She noted that most cities in the state of California were notified by the Department of Justice that cities must explicitely state that they are a "no wagering limit city" or establish a wagering limit by the city's Municipal Code. She noted that she was looking for direction from Council so that she can prepare an Ordinance to send to the State with a preference about a no wagering limit or an established wagering limit. Michael O'Neal encouraged Council to establish an Ordinance with no wagering limit. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ESTABLISHING THE CITY OF LAKE ELSINORE AS A "NO WAGERING LIMIT CITY". Councilmember Buckley commented on Mr. O'Neal's comments. He noted that he supported the no wagering limit. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:16 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:19 P.M. PUBLIC COMMENT None Agenda Item Noo_ Page 15 of 17 Page 16 - City Council Meeting Minutes -February 13, 2007 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: February 22nd - Civic Center Study Session February 24th - Cruise Night on Main Street March 3rd - Serenity Park dedication 2) Commended Mayor Magee and Councilmember Buckley for their lobbying efforts in Washington, D.C. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Noted his hopes in getting money from the Federal Government from the City's lobbying efforts in Washington, D.C. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Wished everyone a happy Valentine's day. Councilmember Buckley commented on the following: 1) Washington, D.C. lobbying efforts. He noted the Mayor and City Manager did a great job. Agenda Item Noo_ Page 16 ofl7 Page 17 - City Council Meeting Minutes -February 13, 2007 Mayor Magee commented on the following: 1) Wildomar Chamber of Commerce Installation Dinner. He further commented on the importance of working with Wildomar to help them along with their goal of city-hood. 2) Washington, D.C. lobbying efforts. He commended staff for their assistance. /' The Regular City Council Meeting was adjournel}/it / / / / A~~r: LWCfdt ~ MICHELLE SOTO, INTERIM CITY CLERK RESPE<;TFULL Y SUBly.IITTE)>: Ii /' //] .. ,/ j/ ....' ",.... ..-- ,; 1..// /11.,...'; .'-> .~~/l.ru-ue-\ ~ti~ML K. / i -.... ,.,~,--,_.,- STEPHANIE CASTANEDA, CITY CLERK'S OFFICE Agenda Item No._ Page 17 of 17 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27,2007 **************************************************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:19 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, Planning Manager Weiner, Information/Communications Manager Dennis, City Engineer Seumalo, Public Works Manager Payne, Lieutenant Russ Wilson, City Treasurer Weber and Interim City Clerk Soto. CLOSED SESSION The regular City Council meeting was recessed into closed session at 5:19 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. 1 ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY (Returned at 7:08 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis, City Treasurer Weber and Interim City Clerk Soto. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code S 54957): City Manager B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8): Property: APNs 375-350-012, -016, -017, -030, -031, -035, -036, -057 Negotiating parties: City of Lake Elsinore and Margaret Small, First American Trust, Symantha Pham and Glenda Patton Under negotiation: price and terms of payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8): Property: APNs 389-100-015; 389-100-016; 389-100-019; 389-100-024; 389- 100-025 Negotiating parties: City of Lake Elsinore and David L. & Margot M Frymire; Wanda Myers & Tyra Elliott; Michael P. & Elene F. Mackey Trust; David & Elizabeth Harrold Under negotiation: price and terms of payment CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A, B, and C," were discussed and there was no reportable action. PRESENT A TION/CEREMONIALS A. Proclamation - RT A Mayor Magee presented a Proclamation to Mayor Pro Tem Hickman. 2 Mayor Pro Tern Hickman accepted the proclamation and stated that it has been a pleasure to serve as the liaison to the RT A and explained the services provided by RT A. B. Proclamation - Eaqle Scout Steven Anthonv Mayor Magee presented a Proclamation to Mr. Anthony. Mr. Anthony accepted the proclamation and thanked all who assisted him with his project. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Barbara Brockman, Lake Elsinore Citizens Committee, extended an invitation to everyone to the first quarterly meeting of 2007, at the Tuscany Hills Recreation Center on March 1,2007, at 7:00 p.m. Bill Arnold thanked council for CFD 98-1 debt service reduction. Leilani Purcell, Friends of the Library, indicated they received a $15,000 grant from Verizon in order to purchase wireless computers for their new computer lab. CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO PULL ITEM NOS. 5 AND 10 AND APPROVED THE BALANCE OF THE CONSENT CALENDAR, WITH MAGEE VOTING NO ON ITEM NO.3 1. The following minutes were approved: a. Joint City Council/Redevelopment Agency/Public Finance Authority Study Session - January 9,2007 b. Special Council Meeting - January 9, 2007 c. City Council Meeting - January 9, 2007 2. Ratified Warrant List - February 15, 2007 3. Approved First Amendment to the Concession Agreement and authorized the Mayor to execute the document, subject to BCP entering into a Management Agreement with Destination R.V. and any minor modifications as may be approved by the City Attorney. 3 4. Approved the Assignment and Assumption Agreement and authorized the Mayor to execute the document, subject to BCP entering into a Management Agreement with Destination R.V. and any minor modifications as may be approved by the City Attorney. Approved the Estoppel Certificate and authorized the Mayor to execute the document, subject to BCP entering into a Management Agreement with Destination R.V. and any minor modifications as may be approved by the City Attorney. Approved the Non-Disturbance Agreement and authorized the Mayor to execute the document, subject to any minor modifications as may be approved by the City Attorney. 5. Approved the Agreement for the purchase and sale of real property. Authorized the City Manager to execute any ancillary documents necessary to implement the terms and conditions of the Agreements, including (without limitation) the acceptance of the Grand Deed. 6. Authorized the City Manager to enter into Faithful Performance Agreements with Bonds/Certificates of Deposit for development projects in the City. 7. Approved the purchase of 4,000 pounds of hybrid striped bass and exception to bid procedure for sole source vendor. 8. Granted an exception to the bid process and approved the purchase of a Boston Whaler patrol boat for use as a law enforcement vessel on the waters of Lake Elsinore. 9. Approved Final Map No. 32337-2 and directed the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32337 -2. 10. Authorized the City Manager to execute a purchase order for the purchase of the ACOM Secure Laser Check Printing Solution. ITEMS PULLED FROM THE CONSENT CALENDAR 5. Request for participation Council member Buckley requested this item be continued to the next meeting. Community Services Director Sapp stated that the LEUSD was asking for a partner to submit a grant for conceptual approval. 4 Mayor Pro Tern Hickman stated that Mayor Magee requested that the same be done for Lakeland Village Middle School. MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY COUNCILMEMBERKELLEY AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM TO THE MARCH 13,2007 CITY COUNCIL MEETING. 10. Verizon Internet Service Provider Aqreement Council member Buckley inquired whether or not Verizon was broadcasting the City Council meetings on a local channel as promised. He stated that breach of contract by Verizon will need to be added to the agenda. MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM. PUBLIC HEARINGS 21. Request for approval of a Resolution of Necessitv and authorization to commence eminent domain proceedinqs to acquire Real Property necessary for the improvement of Nichols Road Mayor Magee opened the Public Hearing at 7:22 p.m. City Attorney Leibold commented on the Nichols Road Alignment project and the acquisitions of the properties needed in the realignment. She stated the City had successfully negotiated for the acquisition. She stated the resolution was a necessary step towards the commencement of eminent domain. David Frymire, owner of a property on Nichols Road, said the property was purchased in May 2006 and at that time, they were provided with maps. He said there were no maps showing a proposed configuration and those maps and dates of approval were requested but never provided. He said he had received an unacceptable offer letter from Castle & Cooke for his property. He said he mailed a letter to the Council and received no response. He said he did not receive a notice on when the actual realignment would occur and at it had affected the value of his property. He indicated that he should have been notified in writing. He indicated that in his letter, he asked if the Council was considering eminent domain, which was addressed to each Councilmember dated August 8, 2006. Mr. Frymire read his letter to Council. - David Varner, Real Estate Consultant, said he assisted Mr. Frymire with the purchase of the property. He said there were many representations prior to the purchase with no mention of realignment. He said the item was a benefit and cost savings for Castle & Cooke. He said the City has been of no assistance and 5 has not offered or provided any information to the Frymire family. Mayor Magee inquired if there were any other requests to speak in favor or opposition of this matter. There being none, Mayor Magee closed public hearing at 7:34 p.m. City Attorney Leibold stated that she replied to Mr. Frymire's letter and she would provide a copy of her response. She stated that the City has tried to negotiate in good faith and offered full fair market value and that was rejected. She noted a counter offer was provided. She stated that any promised information will be provided right away. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-23 AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE FRYMIRE LOT. BUSINESS ITEMS 31. Second Readina - Ordinance No. 1209 - Amendina applicable chapters' of the Lake Elsinore Municipal Code bv modifvina Chapter 17.48 to allow 'card rooms' as a conditional use. subiect to a Conditional Use Permit MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1209. ORDINANCE NO. 1209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING APPLICABLE CHAPTERS OF THE LAKE ELSINORE MUNICIPAL CODE (LEMC) BY MODIFING CHAPTER 17.48 (C-2, GENERAL COMMERCIAL DISTRICT) TO ALLOW 'CARD ROOMS' AS A CONDITIONAL USE, SUBJECT TO A CONDITIONAL USE PERMIT. THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY,HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE 6 ABSTAIN: COUNCILMEMBERS: NONE 32. Second readina - Ordinance No. 1210 - Approvina Zone chanae No. 2006-10 to re-zone the properties located at 20930, 20970 and 21000 Malaaa Road from Neiqhborhood Commercial to General Commercial MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1210. ORDINANCE NO. 1210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANE NO. 2006-10 TO RE-ZONE THE PROPERTIES LOCATED AT 20930, 20970 AND 21000 MALAGA ROAD FROM (C-1) NEIGHBORHOOD COMMERCIAL TO (C-2) GENERAL COMMERCIAL THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second readina - Ordinance No. 1211 - Amendina Section 2.08.030 of the Lake Elsinore Municipal Code codifvinq Redevelopment Aaencv Board Member compensation MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1211. ORDINANCE NO. 1211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 2.08.030 OF THE LAKE ELSINORE MUNICIPAL CODE CODIFYING REDEVELOPMENT AGENCY BOARD MEMBER COMPENSATION 7 THE FOLLOWING ROLL CALL VOTE RESULTED: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER, MAGEE NONE AYES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Communitv Facilities District No. 98-1 (Summerhill Public Improvements) - Debt Service Reduction Administrative Services Director Pressey presented the debt reduction plan, he stated that the settlements had come forward to reduce debt service on an annual basis for the remaining life of the bonds. Eric Shelbourne, commented that as a homeowner in the Summerhill area, he appreciated the debt reduction and thanked the Council. Councilmember Buckley stated this was a group effort along with the people of Summerhill. Mayor ProTem Hickman indicated he is happy to decrease taxes. MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN, CARRIED BY A UNANIMOUS VOTE TO APPROVE THE DEBT SERVICE REDUCTION. 35. Sub-Committee recommendations for Public Safetv Advisory Commission appointment Councilmember Kelley stated that she was on the subcommittee along with Council member Hickman and was very impressed with the quality and number of applicants. She recommended one applicant Dr. Shawn Bhutta for appointment, with a recommended back up for the next appointment. Dr. Shawn Bhutta introduced himself to the Council and said he is a teacher at Elsinore High School. Mayor Pro Tern Hickman stated that Dr. Bhutta was involved with setting up the anti-graffiti project in the High School. 8 Mayor Magee stated the other recommended name will be held by the City Clerk along with the application and meeting minutes from the previous two meetings, to be considered for the next appointment. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN, CARRIED BY A UNANIMOUS VOTE TO APPROVE APPLICANT APPOINTMENT TO THE PUBLIC SAFETY ADVISORY COMMISSION. 36. Resolution authorizinQ the refundinQ of bonds for Community Facilities District No. 90-2 (Tuscanv Hills Public Improvements) Administrative Services Director Pressey reported on the bond issue and noted the significant savings to each household. Mayor Pro Tem Hickman stated he resides in Tuscany Hills and is very pleased with the reduction. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER CARRIED BY A UNIANIMOUS VOTE TO ADOPT RESOLUTION 2007-24, APPROVAL OF THE REFUNDING OF THE 1999 BONDS AND THE ISSUANCE OF THE BONDS BY THE DISTRICT. 37. Approval of sub-lease with County of Riverside for animal Shelter Construction Community Services Director Sapp presented the Animal Shelter Project and noted the cities involved and the cost for the shelter. Christine Anderson, President of Animals Friends of the Valley, presented an overview of the Shelter project, its amenities, costs and fund raising events. Jimmy Flores stated he supported the project. Cynthia Page encouraged the Council to be in support of this project. Cindy Gelback read a letter, on behalf of veterinarian, Dr. Anderson and Animal Rescue Company. She stated too many animals were being euthanized due to lack of space and inadequate facilities. Sharon Bernson read a letter, from a veterinarian regarding euthanasia procedures. She also urged the Council to support this project. Lowanna Maxwell encouraged Council to support this project. Mary Craton, Mayor of Canyon Lake, she said Canyon Lake is 100% behind this project. 9 Madeline Barnett indicated she has the documents from 1987, the founding year of Lake Elsinore Animal Friends. She said in unity there is strength, and the community must ban together to help the animals. She also encouraged the Council to vote yes on this project. Phil Williams representing EVMWD, commented that the community is in need of this facility. He commented on previous animal services within the city. He stated he was in support of this project. Phil Pauley, District Director for Congressman Issa and a honorary board member of Animal Friends, encouraged Council to support the shelter. Carole Lewis indicated she was in favor of the shelter and encouraged the Council to vote in favor of this project. Councilmember Buckley commented on the need for a new, better and less expensive shelter. He stated the cost is fair for the amount of animals in the City's rural area. Council member Kelley expressed her dismay with the portrayal of the Council's waffling in the newspaper. She indicated the greatest concern of the City was a financial one. Administrative Services Director Pressey indicated that the City can afford this project. Council member Kelley commented on doing this project cheaper and is financially more feasible to go with the JPA. She commented on educating the public on the high cost of not caring for their animals. She also suggested adding to the amount of field hours. Mayor Pro Tern Hickman stated an increase in service hours may be feasible. He stated fund raisers can help with the extra cost. Council member Schiffner commented on the high percentage of animals compared to neighboring cities He stated not being able to obligate the citizens of Lake Elsinore to pay for the next 30 years for this project. He stated not being in support of this project. Mayor Magee commented that there is a responsibility to care for animals and does not want to repeat the misguided vision of the past. 10 MOVED BY MAYOR MAGEE, SECONDED BY COUNCILMEMBER BUCKLEY CARRIED BY A VOTE OF 4-0-1, COUNCILMEMBER SCHIFFNER ABSTAINED. COUNCIL RECESSED AT 9:00 P.M. COUNCIL RECONVENED AT 9:06 P.M. PUBLIC COMMENT No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) On the upcoming community calendar events. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Community events during May. 2) Congratulated Friends of the Library on their grant. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tern Hickman commented on the following: 1) Thanked Community Services Director Sapp for replacing trees in Lake Point Park. 11 Council member Buckley commented on the following: 1) Stated he was pleased with decision made on the animal shelter. Mayor Magee commented on the following: 1) Proposition 1 B Bond funds for transportation. 2) The newspapers failure to report good items. 3) Closed meeting in honor of those serving our nation. The Regular City Council Meeting was adjourned at g. ATTEST: (\ 1 ~ ltJ ritlG 8J, MICHELLE SOTO INTERIM CITY CLERK 12 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 13,2007 **************************************************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:02 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, Planning Manager Weiner, City Engineer Seumalo, Information /Communications Manager Dennis, Chief of Police Fetheroff, and Interim City Clerk Soto. CLOSED SESSION The regular City Council meeting was recessed into closed session at 5:02 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Donna Franson. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. 1 ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, Planning Manager Weiner, City Engineer Seumalo, Information ICommunications Manager Dennis, Chief Fetheroff, and Interim City Clerk Soto. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code 9 54957): City Manager B. PUBLIC EMPLOYMENT Title: City Clerk. C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (c) of Gov't Code 9 54956.9: (1 potential case) D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 9 54956.8) Property: APNs 389-100-015 Negotiating parties: City of Lake Elsinore and David L. & Margot M Frymire. Under negotiation: price and terms of payment. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A, B, C, and Oil were discussed and there was no reportable action. PRESENT ATION/CEREMONIALS A. Proclamation - Read Across America Mayor Magee presented a proclamation to Leiloni Purcel recognizing Read Across America. 2 Leilani Purcell of Friends of the Library accepted the proclamation and thanked Mayor Magee and City Council. She stated that Friends of the Library are sponsors to all the children and adult reading programs. B. Proclamation - Boys & Girls Club Week Council member Kelley presented a proclamation to Art Gutierrez in recognition of Boys & Girls Club Week. Mr. Gutierrez of the South West Boys and Girls Club accepted the proclamation and stated his appreciation to the City Council. He also stated that the Boys & Girls Club gets the kids off the street and into a safe environment. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE APPROVE THE CONSENT CALENDAR. 1. The following minutes were approved: a. Joint City Council/Public Safety Advisory Commission Study Session - November 9, 2006 b. Joint City Council/Redevelopment Agency Study Session - January 18, 2007 2. Ratified Warrant List - February 28, 2007 3. Received and filed Investment Report - January 31,2007 4. Approved Final Map No. 32503 and authorize the City Clerk to accept all dedications, sign the map and arrange for recordation. 6. Adopted Resolution No. 200 -26 of intention to annex property from Annexation Area No. 22 (Tract 32503) i to CFD 2003-1 and schedule a public hearing on Annexation Area No. 22 for pril 24, 2007. 7. Approved Engineer's report for Annexation No. 16 to LLMD No.1. Adopting Resolution No. 2007-27 decl ring the intention to annex Tract 32503 into LLMD No.1 and schedule a public earing on the District Formation for April 10, 2007. 8. Adopted Resolution No. 200 -28 of intention to annex property from Annexation Area No.1 into CFD 2004-3 nd schedule the public hearing on Annexation Area 3 9. Approved exemption to the bid process for the sole-source vendor and approve approximately $51,000 to be spent out of the Traffic Offender Fund for the purchase of two police motorcycles. 10. Approved the Blue Star Program to honor the family members of our City staff and City residents who are serving in the armed forces. 11. Approved the digital copier lease proposal and authorize the City Manager to execute the 60-month Municipal Lease Agreement. 12. Approved of the agreement and authorize the City Manager to execute the agreement. 13. Authorized the City Manager to execute an assignment of PDC's rights and obligations under the Contract with Helix with regard to preparation of CEQA compliance documents for the Wasson West Project. 14. Adopted Resolution No. 2007-29 in support of the City of San Jacinto's efforts to have the San Jacinto River, Stage Four (4) Levee project constructed. PUBLIC HEARINGS None. APPEALS 21. Appeal of the decision of the Planninq Commission relative to the amendment of Conditions for Residential Desiqn Review No. 2004-20 City Attorney Leibold requested that this item be continued until the next scheduled meeting. Mayor Magee stated the Water District if very concerned with project. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THIS ITEM. BUSINESS ITEMS 31. Resolution supportinq AB 291 requestinq Caltrans relinquishment of State Route 74 to the City of Lake Elsinore City Engineer Seumalo commented on the resolution supporting AB291. He stated staff is recommending support and adoption of the resolution. 4 MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-30. 32. Commercial Desion Review No. 2006-08 for a proposed McDonald's Restaurant located at 18283 Collier Avenue. Community Development Director Preisendanz presented the Commercial Design Review of McDonalds that will be located in Oak Grove Target Shopping Center. He stated . Planning Commission approved and recommends this resolution be adopted. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007 -31 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-32 ADOPT RESOLUTION NO. 2007-32 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-08. 33. Consideration of Commercial Desion Review No. 2006-01 for the proiect known as "Lakeshore Plaza Shoppino Center" Community Development Director Preisendanz presented the Commercial Design Review for a new shopping center located on the north east corner of Lakeshore Drive & Machado Street. MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-33 MAKING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN. Council member Kelley stated that alcohol will be sold in this shopping center Community Development Director Preisendanz responded that Chief of Police recommended restrictions with guidelines to selling alcohol. Chief of Police Fetheroff commented on concerns with positioning of the alcohol products in the store, total alcohol sales and over concentration. Mayor Magee inquired as to applicant being responsible to construct a median on Machado and Lakeshore. 5 Community Development Director Preisendanz stated that yes the applicant is responsible. MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-34 NO. 2007-34 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-01. 34. Consideration of Commercial Desian Review No. 2006-09 for the proiect known as "Mission Trail Shoppina Center Renovation" Community Development Director Preisendanz presented the Commercial Design Review for Stater Bros. at Mission Trail Center. He stated that the Planning Commission recommended approval. MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-35 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-09. COUNCIL RECESSED AT 7:23 P.M. COUNCIL RECONVENED AT 7:24 P.M. PUBLIC COMMENTS Pete Dawson commented . on LEMSAR (Lake Elsinore Marine Search and Rescue) training, volunteer hours and safety classes. Albia Miller indicated she was against the cutting down of trees in the community. Albia Miller read a petition against the cutting down of trees into the record. She also stated she has 200 signatures for petition. Keith Adey is -in support of the tree ordinance. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) The upcoming Community calendar events. CITY ATTORNEY COMMENTS No comments. 6 COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Community events during May. 2) Happy St. Patrick's Day. Council member Schiffner commented on the following: 1) Thanked all for attending. Mayor Pro Tern Hickman commented on the following: 1) Thanked Police for their quick response to an accident that occurred on Lakeshore Drive. Councilmember Buckley commented on the following: 1) Thanked Elsinore Women's Club for the invitation to speak. 2) Announced the winners of the Annual Art Show. Mayor Magee commented on the following: 1) Commended City Staff for their hard work on Serenity Park. Mayor Magee adjourned the Regular City Council Mee . ATTEST: t{' ';1 I I " ,) i "1 ( I "i lji ' jlA.L>. M1 0t7(u MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 7 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 27, 2007 ************************************************************************************************ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:02 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Community Development Director Preisendanz, Community Services Director Sapp, Planning Manager Weiner, City Engineer Seumalo, Building and Planning Manager Chipman and Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto, and Administrative Specialist Dana Porche. CLOSED SESSION The Regular City Council Meeting was recessed Into Closed Session at 5:02 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.Ml PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Phil Miller of EVMWD. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. 1 ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Community Development Director Preisendanz, Community Services Director Sapp, Planning Manager Weiner, City Engineer Seumalo, Building and Planning Manager Chipman and Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto, and Administrative Specialist Dana Porche. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code 9 54957): City Attorney B. CONFERENCE WITH REAL PROPERTY NEGOTIATER (Gov't Code 9 54956.8): Property: APN 389-100-025 Negotiating Parties: City of Lake Elsinore and David & Elizabeth Harrold Under Negotiation: price and terms of payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 9 54956.8) Property: APN 389-100-015 Negotiating parties: City of Lake Elsinore and David L. & Margot M. Frymire D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision C of Gov't Code 9 54956.9: (1 potential case) CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A, B, C, and D" were discussed and there was no reportable action. 2 PRESENTATION/CEREMONIALS A. Chamber of Commerce Update Kim Cousins commented on the Chamber of Commerce active memberships and upcoming Chamber events. He stated that the Visitors Bureau website has been launched. B. EVMWD Presentation Phil Miller of the Elsinore Valley Municipal Water District commented on new construction within the City and the public outreach in regards to the projects. Abdul Rashidi, MWH Consulting Program Manager, presented the Capital Improvement Program Office (CIPO) and gave an overview on the program. He commented on the CIPO virtual interactive website and the web address EVMWDCIPO.com. Council member Buckley clarified the web address. Phil Miller commented on all projects will display a sign with a dedicated hotline for any public concerns or questions. He stated the CIPO website will be displayed as well. Mayor Magee thanked Mr. Miller for his presentation. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 1 MINUTE Leonard Leichnitz commented on the availability of staff reports and agenda's online. Ken Neimi commented on proposal in regards to presenting a gift of to the City. He stated he spoke with City Engineer regarding the flood control project. CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE APPROVE THE CONSENT CALENDAR AND PULL ITEM #9. 1. Ratified Warrant List- March 15,2007. 2. Received and filed PUblic Safety Advisory Commission 2006 Annual Report. 3. Authorized purchase of two utility bed pickup trucks. - 4. Authorized Purchase of compact tractor loader. 3 5. Authorized Award of Contract - Street Striping and Marking Maintenance. 6. Approved and Authorized Amendment to City Manager's Employment Agreement. 7. Approved Additions to Agreement for Professional Services - STK Architecture, Inc. - Architectural and construction management services for Rosetta Canyon Fire Station, Park and Design of Community Center. a. Adopting Resolution of the City of Lake Elsinore Emergency Operation Plan. 10. Appointment of Subcommittee for Recruitment of City Clerk. MOVED BY MAYOR MAGEE SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ACCEPT STAFF RECOMMENDATION TO LIST COUNCILMEMBER KELLEY AND MAYOR PRO TEM HICKMAN AS A SUB- COMMITTEE. ITEMS PULLED FROM CONSENT CALENDAR . 9. Concur with Tree Removal - City Park Council member Kelley requested that Community Services Director Sapp provide clarification to the public regarding the tree removal. Community Services Director Sapp noted that the City received a request from the concessionaire to remove the eucalyptus trees due to safety reasons. He stated that the trees may be replaced with queen palms. Council member Kelley stated she would like staff to expedite the replacement of the trees as soon as possible. Councilmember Buckley inquired on the amount of trees that will be removed and the type of shade trees that would be used to replace the removed trees. Community Services Director Sapp stated approximately 25-30 trees would be removed. He noted the location of the trees. Mayor Pro Tern Hickman stated he would like staff to work with the Palm Tree committee in obtaining palms to replace removed trees. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE ITEM AND DIRECT STAFF TO COME BACK WITH A PLAN TO REPLACE THE TREES AS SOON AS POSSIBLE. 4 PUBLIC HEARINGS 21. Adoption of Resolution No. 2007-37 approvinQ the City of Lake Elsinore Traffic Impact Fee Update Study and IncreasinQ Traffic Infrastructure Fees for development proiects within the city of Lake Elsinore City Manager Brady indicated staff is recommending that this item be continued to the City Council Meeting of April 24th, in order to receive more input from the Development Community. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THIS ITEM UNTIL APRIL 24TH CITY COUNCIL MEETING. 22. An Ordinance of the City of Lake Elsinore amendinQ Sections (16.83.020. 16.83.030. 16.83.040. 16.83.050. 16.83.060 and 16.83.080) of Chapter 16.83 of the Lake Elsinore Municipal Code reQardinQ the Transportation Uniform Mitiaation Fee ProQram City Attorney Leibold commented on TUMF Ordinance clean up. She stated that the fees were adjusted several months ago. MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1212. ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 16.83.020, 16.83.030, 16.83.040, 16.83.050, 16.83.060, AND 16.83.080 OF CHAPTER 16.83 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM. THE FOLLOWING ROLL CALL VOTE RESULTED: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 5 23. An Ordinance of the City of Lake Elsinore amendina Ordinance No. 1124 to modify the index for calculatinQ annual adiustments to the Development Mitiqation Fee for fundinq the western riverside County Multiple Species Habitat Conservation Plan and codifyina said Ordinance as Chapter 16.85 of the Lake Elsinore Municipal Code City Attorney Leibold commented on the MSHCP Plan and related fee Ordinance. She also stated there has been some discrepancy with the index. Mayor Pro Tem Hickman commented on the construction price index changing to the consumer price index. MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY COUNCILMEMBER SCHIFFNER TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1213. ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCE NO. 1124 TO MODIFY THE INDEX FOR CALCULATING ANNUAL ADJUSTMENTS TO THE DEVELOPMENT MITIGATION FEE FOR FUNDING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND CODIFYING SAID ORDIANCE AS CHAPTER 16.85 OF THE LAKE ELSINORE MUNICIPAL CODE. THE FOLLOWING ROLL CALL VOTE RESULTED: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN SCHIFFNER, MAGEE KELLEY AYES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE APPEALS 24. Appeal of the decision of the Planninq Commission relative to the Amendment of Conditions for Residential Desiqn Review No. 2004-20. related to connection to public sewer Community Development Director Preisendanz presented an Appeal of Planning Commission's decision to approve an amendment a request to modify Condition of Approval No. 11. 6 Kim Cousins commented on his concern about the impact of this project. He said the applicant did not follow the approved path in order to save cost. He requested the Council carefully consider this project. Phil Miller, EVMWD, commented the Water District is requesting the applicant be required to hook up to the sewer. He said the consequences of installing a septic system. He commented on the memorandum of understanding between the Regional Board and the Department of Health Services in regards to permitting septic systems. Deleo Hagan commented on installing septic systems. He said that the Building Department explained the septic system permit process. He indicated that he did what he was supposed to do according to his building permits. Allan Geraci, Attorney for Delco Hagan, commented on the due process of law and fundamental fairness. He indicated that Mr. Hagan has followed all procedures and acted in good faith working with the City staff. He commented on the project inspections and Planning Commissions approval. City Attorney Leibold commented on the item being continued at the last City Council meeting. She stated that the City Council is the final determining legislative body of the City. She stated the application for the septic system did not conform to the conditions of approval. City Treasurer Weber commented on the developer being required to hook up into the sewer system and the developer responsibility to understand his requirements. Council member Buckley commented that setting this type of precedent could be disastrous. He stated the applicant knew when he submitted for the septic system, he knew he was not supposed to. Council member Schiffner commented on his regret that action may be a financial burden for developer. He stated the ordinance must be upheld. Mayor Pro Tern Hickman stated he did not think due diligence was done by the developer. Mayor Magee noted the supporters who support the construction of the sewer. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO OVERTURN PLANNING COMMISSION MODIFICATIONS AND RESTORE CONDITIONS OF APPROVAL ON CONDITIONS OF APPROVAL NO. 11. 7 BUSINESS ITEMS 31. Commercial Desian Review No. 2006-14. a reauest to install a soil and oroundwater remediation system within a block wall enclosure at an existino service station Community Development Director Preisendanz presented the background and location of this item. He stated the system is required due to ground leaks on site. Councilmember Buckley commented on planting around the block wall to prevent graffiti. Councilmember Schiffner inquired about a trash enclosure. Councilmember Schiffner offered a substitute motion to approve as presented. Motion died for lack of a second. Community Development Director Preisendanz stated that the applicant be requested to plant around block wall and have anti-graffiti material on trash enclosures. MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-38. 32. Commercial Desion Review Proiect No. 2006-16 (Diamond Professional Plaza) Community Development Director Preisendanz presented the background and location of this item. He stated that a condition of approval be added regarding burrowing owls. Matthew Fagan, representative for applicant Diamond Professional Plaza, thanked staff for their professionalism and dedication. He stated the applicant is in concurrence with the Conditions of Approval. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-39, FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION 2007 -40 APPROVING COMMERCIAL DESIGN REVIEW 2006-16. 8 Councilmember Buckley left the dais at 8:15 p.m. 33. Consideration of Commercial Desiqn Review No. 2007-05 for the proiect known as "Cinoular Wireless Monopalm Cellular Tower Facility" Community Development Director Preisendanz commented on the monopalm cellular tower that will include live palm trees. He stated the Planning Commission recommends approval. MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS 4-0 VOTE TO ADOPT RESOLUTION NO. 2007-41 MAKING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN. MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS 4-0 VOTE TO ADOPT RESOLUTION NO. 2007-42 APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-05. Councilmember Buckley returned to the dais at 8:17 p.m. and was not present for the discussion or the vote of this item. 34. Commercial Desion Review No. 2006-07 for two new fuel dispensers and related on-site improvements for an existinq Arco (AM/PM) oas station and convenience store located at 29355 Central Avenue Community Development Director Preisendanz commented on the Planning Commission vote to Adopt MSHCP Resolution. He commented on the on-site circulation and additional landscaping. He noted that staff recommends Condition of Approval No. 74 be deleted and applicant has agreed to Condition of Approval No. 73. Craig Yamasaki complimented staff for their efforts. He indicated that he was in agreement with staff on the items applicable to the property. Council member Schiffner noted he was pleased with the station being successful and being able to expand their business. Councilmember Buckley commented on the businesses that are expanding. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2007 -43 ADOPTING FINDINGS. OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN. 9 MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2007-44 APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-07. 35. PSAC Recommendation: Amendment to Lake Elsinore Municipal Code. Chapter 8.52. reaardina fireworks City Manager Brady commented on the PSAC recommendation to review the fireworks ordinance. Councilmember Schiffner indicated he was pleased with the PSAC's work. Mayor Magee stated he was in agreement with Councilmember Schiffner's comment and that Mr. Hewison is an exceptional leader. MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY COUNCILMEMBER KELLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1214. ORDINANCE NO. 1214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FIREWORKS. THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 36. Recommendation bv PSAC and amendment to Lake Elsinore Municipal Code. Chapter 9.52 reaardina araffiti City Manager Brady commented on the time PSAC spent working on the ordinance. He noted the other departments who also contributed to the ordinance. He commented on the punishment and rewards in regards to graffiti. He commented on the Public Outreach Program, Public Education and establishing a graffiti hotline program. 10 Mayor Pro Tern Hickman commented on the excellent work. He inquired on the brochure to be handed out to the schools. Mayor Magee commented on the parental responsibilities and the responsibility of the parents in the event their child is apprehended. MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER KELLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1215. ORDINANCE NO. 1215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATEING CHAPTER 9.52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRAFFITI. THE FOllOWING ROll CAll VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. NOES: COUNCllMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCllMEMBERS: NONE 37. Premise lease - City Park Community Services Director Sapp commented on the agreement with the concessionaire. Mayor Pro Tern Hickman commented on the improvements in the common areas. MOVED BY COUNCILMEMBER KELLEY SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE "PREMISE LEASE" WITH GLORIA VASQUEZ JIMENEZ FOR CONTINUED CONCESSION OPERATION AT CITY PARK AND DIRECT THE CITY CLERK TO EXECUTE THE DOCUMENT. COUNCIL RECESSED AT 8:35 P.M. COUNCIL RECONVENED AT 8:39 P.M. 11 PUBLIC COMMENTS Susan Rebar thanked the City Council for their work in the City and read a prayer. Mayor Pro Tem Hickman inquired on the date for the next Prayer Breakfast. Ms. Rebar stated the next Prayer Breakfast is April 5th at Lakeside High School. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) The upcoming Community calendar events. 2) Acknowledged and thanked Council for their work with Staff. 3) Thanked Council and Staff for the ability to work with them. CITY ATTORNEY COMMENTS 1) Thanked Council for her years of service. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Council member Kelley commented on the following: 1) Community events during May. Councilmember Schiffner commented on the following: 1) Negotiations for stadium operations that has been going on for about 2 years is finalized. Mayor Pro Tem Hickman commented on the following: 1) The events going on at the stadium after baseball season. Councilmember Buckley commented on the following: No comments. 12 Mayor Magee commented on the following: 1) RTA will be building transportation improvements along the 91,15 and 215 Freeways over the next 10 years, local government will make a difference. 2) City Manager has support of all Councilmembers and has done a great job. Mayor Magee adjourned the Regular City Council Mee . ATTEST: lJLcl(LG SYh MICHELLE SOTO INTERIM CITY CLERK CITY OF LAKE ELSINORE 13 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 10, 2007 **************************************************************************************************** CALL TO ORDER The Regular City Council and Special City Council Meeting were called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, Planning Manager Weiner, Public Works Director Seumalo, Administrative Services Director Pressey, Public Works Manager Payne, Information/Communications Manager Dennis, Associate Planner Coury, Interim City Clerk Soto and Administrative Specialist Porche. 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, President of the Lake Elsinore Historical Society. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. 1 ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, Planning Manager Weiner, Public Works Director Seumalo, Administrative Services Director Pressey, Public Works Manager Payne, Information/Communications Manager Dennis, Associate Planner Coury, Interim City Clerk Soto and Administrative Specialist Porche. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code S 54956.9): Wildomar and Lake Elsinore Residents for Responsible Growth vs. City of Lake Elsinore (Riverside County Superior Court Case No. RIC 449594). B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code S 54956.9: (2 potential cases). C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8): Property: Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: A strip of land 60 feet wide, for roadway purposes, together with easements for the construction and maintenance of slopes, walls and aprons of culverts or bridges, granted by deed and recorded May 24, 1949, in Book 1078, page 585, in the Official Records of Riverside County, California, together with all interest arising from said deed lying within Tract 30496, recorded on November 5,2004, in Map Book 367, Pages 17 through 25, inclusive, records of Riverside County, California, except that portion of said deed lying within Lot "E," said Lot "E" being dedicated for public street and utility purposes on said Tract 30496. Negotiating parties: City of Lake Elsinore and Pardee Homes Under negotiation: price and terms of payment 2 CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A", "B" and "C" were discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Proclamation - Lake Elsinore Storm Baseball Mayor Magee presented a proclamation to Storm Baseball General Manager Dave Oster and Storm Baseball Assistant General Manager Chris Jones. Chris Jones thanked the Council and stated he was happy to begin another season. He commented on the changes and improvements being done to the stadium. Dave Oster thanked everyone and noted the stadium's grand opening. B. LESJWA Presentation Mayor Magee called Mark Norton to the podium. Mark Norton, Lake Elsinore San Jacinto Watershed Authority, presented an overview of the accomplishments to date. He commented on the background of the LESJWA. He noted future LESJWA projects and commented on improving the wetlands and future funding. Mayor Magee thanked Mr. Norton for his presentation. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 1 MINUTE Lillian Barnes commented on the concerns for her street. She noted that she was requested by Code Enforcement to make improvements to her property. She commented on the street and driveway erosion. She noted the lack of curbs and street lights. She stated that a visit from the Council would be appreciated to view the conditions of the street. Mayor Magee directed Ms. Barnes to Public Works Director Ken Seumalo. CONSENT CALENDAR ITEMS City Attorney Leibold commented on the added agenda item that occurred after posting of the agenda. She noted that the item could be voted on when the balance of the Consent Calendar is discussed. 3 MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE ITEM NO. 6 OFF CALENDAR AND APPROVE THE BALANCE OF THE CONSENT CALENDAR INCLUDING THE ADDITIONAL ITEM OF CITY ACQUISITION OF REAL PROPERTY FROM DAVID AND MARGOT FRYMIRE, APPROVING THE AGREEMENT FOR THE PURCHASE OF AND SALE OF REAL PROPERTY, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ANCILLARY DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING (WITHOUT LIMITATION) THE ACCEPTANCE OF THE GRANT DEED. 1. Received and Filed Investment Report - February 2007. 2. Approved Engineer's Report for Annexation No. 17 to LLMD NO.1. Adopted Resolution No. 2007-45 declaring the intention to annex La Laguna Phases 4 & 5 into LLMD NO.1. and scheduling a public hearing on the District Formation for May 8,2008. 3. Adopted Resolution of Intention No. 2007-46 to annex property from Annexation Area No. 23 into CFD No. 2003-1 and scheduling a public hearing on Annexation Area No. 23 for May 22, 2007. 4. Approved Final Map No. 30494-3, Pardee Homes and authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation. 5. Authorized the Mayor to execute the Notice of Completion for the Railroad Canyon Road Slope Repair Project and directed the City Clerk to file the Notice of Completion with the County of Riverside. 7. Authorized the City Manager to enter into contract with RGP, Inc. to prepare CEQA compliance documents for the projects known as "Elsinore Business Park" in the amount not to exceed $28,800. 8. Authorized the City Manager to enter into contract with ESA Community Development to prepare CEQA compliance documents for the project known as "Cape of Good Hope" in the amount not to exceed $101,200. 9. Authorized the City Manager to enter into contract with HDR, Inc. to prepare CEQA compliance documents for the project known as "Fairway Business Park" in the amount not to exceed $59,100. 10. Authorized the City Manager to execute an agreement with the American Red Cross, Riverside Chapter, for stocking of an emergency shelter trailer necessary for disaster relief. 4 11. Approved Road Maintenance Agreement between the City of Lake Elsinore and Riverside County and authorized the Mayor to execute the agreement. 12. Authorized the Engineer's Report to being proceedings for the annexation of parcels within the Tuscany Hills Estates into the City's Landscape and Street Lighting District No.1. ITEMS PULLED FROM THE CONSENT CALENDAR 6. Authorized the City Manager to enter into contract with Matthew Fagan Consulting Services to prepare CEQA compliance documents for the project as "Commercial Design Review No. 2006-17." MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM OFF CALENDAR. PUBLIC HEARINGS 21. Tentative Parcel Map No. 34591 (for Condominium purposes), and Residential Desian Review No. 2006-02 for Lake Elsinore Condominiums Mayor Magee opened the public hearing at 7:25 p.m. Community Development Director Preisendanz indicated staff requested that this item be continued off calendar. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the project. He also inquired if there was anyone that wished to speak on the matter at all. Mayor Magee closed the public hearing at 7:26 p.m. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE ITEM OFF CALENDAR. 22. Public Hearina for consideration of obiections to the City's Weed Abatement Proqram Mayor Magee opened the public hearing at 7:27 p.m. Public Works Director Seumalo gave an overview of the program. He noted staff's recommendation. 5 Mayor Magee requested testimony from .the public. He inquired if ~her~ wa~ anyone wishing to speak in favor or against the program. He also InqUIred If there was anyone that wished to speak on the matter at all. Mayor Magee closed the public hearing at 7:28 p.m. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE WEED ABATEMENT PROGRAM. 23. Public Hearino - Resolution approvino the annexation .of territory and the lew of assessments for Lake Elsinore Landscape and Street Liohtino District No. 1 as Annexation Area No. 16 (Tract 32503) pursuant to the Landscapina and Liahtino Act of 1972 Mayor Magee opened the public hearing at 7:29 p.m. City Manager Brady commented on the item and requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey stated that the item was the 16th annexation related to the Rosetta Canyon Development. He commented on the annual cost of the lighting. He stated that the LLMD is subject to a 2% yearly increase if necessary. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the Annexation. He also inquired if there was anyone that wished to speak on the matter at all. Mayor Magee inquired if there were any property owners subject to the proposed assessments 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 purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:31 p.m. Mayor Magee directed Interim City Clerk Soto to tabulate the ballots and announce if a majority protest had been made Interim City Clerk Soto tabulated the ballots and announced that a majority protest did not exist. 6 MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007.50 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS. BUSINESS ITEMS 31. Second Readina - Ordinance No. 1212 - Amendina Sections 16.83.020. 16.83.030. 16.83.040. 16.83.050. 16.83.060 and 16.83.080 of Chapter 16.83 of the Lake Elsinore Municipal Code reaardina the Transportation Uniform Mitiaation Fee Proaram MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1212. ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 16.83.020, 16.83.030, 16.83.040, 16.83.050, 16.83.060 AND 16.83.080 OF CHAPTER 16.83 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Readina - Ordinance No. 1213 - Amendina Ordinance No. 1124 to modify the index for calculatina annual adiustments to the Development Mitiaation Fee for fundina the Western Riverside Countv Multiple Species Habitat Conservation Plan and codifvina said Ordinance as Chapter 16.85 of the Lake Elsinore Municipal Code MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1213. 7 ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 1124 TO MODIFY THE INDEX FOR CALCULATING ANNUAL ADJUSTMENTS TO THE DEVELOPMENT MITIGATION FEE FOR FUNDING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND CODIFYING SAID ORDINANCE AS CHAPTER 16.85 OF THE LAKE ELSINORE MUNICIPAL CODE. THE FOLLOWING ROLL CALL VOTE RESULTED: A YES:COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE 33. Second Readinq - Ordinance No. 1214 - Amendinq and restatina Chapter 8.52 of the Lake Elsinore Municipal code reqardina Fireworks MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1214. ORDINANCE NO. 1214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FIREWORKS THE FOLLOWING ROLL CALL VOTE RESULTED: A YES:COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 8 34. Second Readina - Ordinance No. 1215 - Amendina and restatina Chapter 9.52 of the Lake Elsinore Municipal code reoardina oraffiti MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1215. ORDINANCE NO. 1215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 9.52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRAFFITI THE FOLLOWING ROLL CALL VOTE RESULTED: A YES:COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE COUNCIL RECESSED AT 7:39 P.M. COUNCIL RECONVENED AT 7:40 P.M. PUBLIC COMMENTS NON-AGENDIZED ITEMS Chris Hyland commented on her concern with the safety of children in regards to the parking ordinance. She stated that the ordinance needed to be clarified. Mayor Magee referred Ms. Hyland to Community Development Director Preisendanz. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Upcoming community calendar events. CITY ATTORNEY COMMENTS No comments. 9 COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Mayor Pro Tem Hickman commented on the following: 1) Good job to Public Works for the Easter Egg Hunt. 2) Two new bus shelters near the Senior Center. 3) Graffiti fines. Council member Buckley commented on the following: 1) Letter from District Attorney Pacheco regarding sponsors for the Victims Rights March. Council member Kelley commented on the following: 1) Boys and Girls Club Field of Dreams event. Councilmember Schiffner commented on the following: 1) Thanked all for attending. Mayor Magee commented on the following: 1) Thanked the City's RTA representative Mayor Pro Tem Hickman. He noted the new bus stops were great. 2) 3) Thanked the Mayors Prayer Breakfast Committee for an excellent event. Announced the Trauma and Intervention Programs Golf Tournament on Friday, April 13th. City's 119th Birthday, gave a background on the City and the City's progress. 4) 10 Mayor Magee adjourned the Regular City Council Meetin ATTEST: C (' 1 ", \_~)j('h Jilt 5;uj, MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 11 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 24,2007 **************************************************************************************************** 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, HICKMAN, KELLEY, SCHIFFNER MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Planning Manager Weiner, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto and Administrative Specialist Dana Porche. 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 Phil Miller of EVMWD. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. 1 ROLL CALL ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER MAGEE NONE PRESENT: COUNCILMEMBERS: Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Planning Manager Weiner, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto, Administrative Specialist Dana Porche. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNCEL - ANTICIPATED LITIGATION - Significant Exposure to litigation pursuant to subdivision (b) of Gov't Code S 54956.9: (1 potential case) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (c) of Gov't Code S 54956.9: (1 potential case) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8) : Property: 373-310-007, 373-310-006, 373-300-009, 373-300-015, 373-300-017, 373-300-012, 371-020-001; southern stub portion of Lucerne Street south of Lakeshore Negotiating parties: City of Lake Elsinore and Watersedge Elsinore Associated, LLC/Watersedge Investments, LLC Under negotiation: price and terms of payment CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A, B, and C," were discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Proclamation - Deputv Bommer Mayor Magee presented Deputy Fred Bommer with a proclamation. Chief Fetherolf commented on being very proud of Deputy Bommer. 2 Deputy Bommer commented on the passion he has for his job and appreciates the award. B. Proclamation - Motorcycle Awareness Mayor Magee presented Russ Howard and friends with a proclamation. Russ Howard spoke of motorcycle awareness and commented on the 12th Annual Rally at the City Park. He thanked the Council and Interim City Clerk Soto for all their help. He stated that the fund raiser money is used to encourage motorcycle training and safety. Another recipient thanked the Mayor and the Council for the recognition. C. Proclamation - Donate a Life Month Mayor Magee presented Randon Lane with a proclamation. Mr. Lane noted his appreciation. He commented that everyone who has a red dotpn their drivers license also need to register online, if you do not register, the red dot means nothing. He said there are about 95,000 people waiting for organs and about 21,000 are here in California. D. Certificate of Recoanition - U9 Boys Soccer Team E. Certificate of Recoanition - U11 Boys Soccer Team Mayor Magee invited William Delgado and members of the U9 and U11 Soccer Teams up to the podium. Mayor Magee spoke of the team winning the 2006 Coast Soccer League Tournament. William Delgado thanked the Council on behalf of EVYSL and he spoke of their team accomplishments. He presented a medal that was won by the team to the MaYtor. He stated that EVYSL will host the Elsinore Summer Classic on July 27th -29 h at the new fields in Alberhill Park and Summer Lake Park, he anticipates a huge turn out for this tournament. F. Business of the Quarter Mayor Magee invited Don Summers and Everett Manfredy of the Realty Center to join him at the podium. The Mayor presented a background of their business. Mr. Summers and Mr. Manfredy both thanked the Council for the recognition. 3 G. H.O.P.E. Update Mayor Magee invited Ron Hewison to the podium to update the Council on H.O.P.E. Ron Hewison noted the City's contribution to H.O.P.E. He noted that with the City's help H.O.P.E has been able to reach a lot more people. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 1 MINUTE Sue Rebar announced on May 5, 2007, was National Day of Prayer. She announced events are planned all over the City to include 17 prayer stations, with 3-4 public sites. She specified the time and noted the website for more information, www.nationaldavofpraver.orQ. Pete Dawson of LEMSAR, said they have over 5,000 hours of volunteers for 2006 and during the month of March 2007 there has been over 880 volunteer hours. CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE APPROVE THE CONSENT CALENDAR. 1. Ratified Warrant List - March 30, 2007. 2. Bid award for purchase of industrial strength aluminum fencing. 3. Purchase of skip loader. 4. TIF and TUMF Fee Credit Agreements for transportation improvements constructed in connection with the Eastlake Specific Plan. 5. Final Map No. 30494-4 (Pardee Homes). 6. Final Map No. 30494-5 (Pardee Homes). 7. Authorization for City Ma'nager to enter into contract with Matthew Fagan Consulting Services to prepare CEQA Compliance Documents for the project known as "Commercial Design Review No. 2006-17". 8. Resolution initiating proceedings and approving the Engineer's Report for the Annexation of certain territory known as Tuscany Hills Estates into the City of Lake Elsinore Landscape and Street Lighting District No.1, as LLMD Annexation No. 18. 4 9. Professional Services Agreement with Wildlands Inc. for Wetlands assessment and design per Prop-40 Grant Award. PUBLIC HEARINGS 21. Adoption of Resolution No. 2007-37 approvina the City of Lake Elsinore Traffic Impact Fee Update Study and IncreasinQ Traffic Infrastructure Fees for development proiects within the city of Lake Elsinore Mayor Magee opened the public hearing at 7:30 p.m. City Manager Brady requested this item be continued due to outreach to the community. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THIS ITEM UNTIL MAY 22ND CITY COUNCIL MEETING. 22. An Ordinance of the City of Lake Elsinore amendinQ Sections 16.83.040of the Lake Elsinore Municipal Code reaardinQ adoption of the fees for the Transportation Uniform Mitiaation Fee ProQram Director of Public Works Seumalo commented on the City's participation in the infrastructure improvement program and the construction cost increase to the fee. MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1216 ORDINANCE NO. 1216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 16.83.040 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM. THE FOllOWING ROll CAll VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KEllEY, SCHIFFNER, MAGEE. NOES: COUNCllMEMBERS: NONE 5 ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE 23. Resolution determinino the validitv of prior proceedinos relatina to the annexation of property into City of Lake Elsinore Community Facilities District No.2003-1 (Law Enforcement. Fire and Paramedic Services) Mayor Magee opened the public hearing at 7:34 p.m. City Manager Brady introduced item. He requested that the City Attorney Leibold announce the notice of the item. City Attorney Leibold announced the notice has been published in accordance with the Mello Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey reported this is the 22nd annexation. He stated this is to increase the cost of Police, Fire and Paramedic Services for single family dwelling units annually. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 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 assessments 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 purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:36 p.m. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-52 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-53 CALLING A SPECIAL ELECTION. 6 MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-54 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1217. ORDINANCE NO. 1217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING SECTION 16.83.040 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM. THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE NONE ABSTAIN: COUNCILMEMBERS: 24. Resolution determinina the validity of prior proceedinas relatina to annexation of property into City of Lake Elsinore Community Facilities District No. 2006-05 (Parks. Open Space and Storm Drain Maintenance) Mayor Magee opened the public hearing at 7:39 p.m City Manager Brady requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Mello Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey commented on this item being the first annexation into this district. 7 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 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 assessments 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 purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:41 p.m. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-55 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-56 CALLING A SPECIAL ELECTION. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-57 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1218 ORDINANCE NO. 1218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 1 (TRACT 32503) ANNEXED TO SAID DISTRICT THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. NOES: COUNCILMEMBERS: NONE 8 ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE 25. Annexation No. 1 (Tract 32503) to CFD No. 2004-3 (Rosetta Canyon) - Improvement Area No.2 Mayor Magee opened the public hearing at 7:43 p.m. City Manager Brady commented on the item. He requested the Interim City Clerk to announce the notice. Interim City Clerk Soto announced the notice had been published in accordance with the Mello Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey noted the background of the item. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 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 assessments 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 purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:46 p.m. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-58 APPROVING THE ANNEXATION INTO THE DISTRICT. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 20007-59 CALLING FOR A SPECIAL ELECTION. Mayor Magee directed Interim City Clerk Soto to tabulate the ballots and announce if a majority protest had been made. Interim City Clerk Soto announced that two-thirds of the votes cast are in favor. 9 MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-60 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1219. ORDINANCE NO. 1219 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. 2004-3 (ROSETTA CANYON), AUTHORIZING THE LEVY OF A SPECIAL TAX THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE 26. Chapter 17.18 of the Lake Elsinore Municipal Code reaardina R-M-R Rural Mountainous Residential District Community Development Director Preisendanz presented the staff report. Mayor Magee opened the public hearing at 7:49 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Mayor Magee closed the public hearing at 7:50 p.m. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY UNIANIMOUS VOTE TO ADOPT FIRST READING BY TITLEONL Y ORDINANCE NO. 1220. 10 ORDINANCE NO. 1220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.18 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE R-M-R: RURAL MOUNTAINOUS RESIDENTIAL DISTRICT AND ADOPTION OF A NEGATIVE DECLARATION THEREFORE THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 27. Amendment No.2 to the Canyon Hills Specific plan. tentative Parcel Map No. 34442 (for Condominium Purposes) and Residential DesiQn Review No. 2005-28 for Parkside Terrace Community Development Director Preisendanz presented the staff report. He noted that the total number of units is less that the adopted specific plan. David D. Dunham of Pardee Homes thanked staff for their hard work. He indicated he would be available for questions. Jim Stringer, Vice President of Pardee Homes, indicated he was available to answer any questions. He indicated he agrees with all the conditions of approval. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-61 ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). Councilmember Buckley inquired about Condition No. 36. Community Development Director Preisendanz confirmed they will be multi- family units. He stated there will be fewer units. Councilmember Buckley commented on the parking area not being sufficient. 11 Community Development Director Preisendanz indicated he will look into amending the parking ordinance. He commented on the surrounding roads. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-62 APPROVING THE ADDENDUM TO THE FINAL EIR FOR THE CANYON HILLS SPECIFIC PLAN MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY UNIANIMOUS VOTE TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1221 ORDINANCE NO. 1221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE CANYON HILLS SPECIFIC PLAN THE FOLLOWING ROLL CALL VOTE RESULTED: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-63 APPROVING TENTATIVE PARCEL MAP NO. 34442. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN WITH BUCKLEY ABSTAINING AND CARRIED BY A 4-1 VOTE TO ADOPT RESOLUTION NO. 2007-64, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005-28. 28. Addendum to Mitiaated Neaative Declaration No. 2005-07 for the installation of trestle structure to support utility lines Community Development Director Preisendanz gave a background on the item. He stated that this was an addendum to a Mitigated Negative Declaration. He stated this project is related to Tessara. 12 Mayor Magee opened the public hearing at 8:00 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Mayor Magee closed the public hearing at 8:01 p.m. Mayor Pro Tem Hickman commented on a safety barrier for the trestle. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-65 ADOPTING THE ADDENDUM TO MITIGATED NEGATIVE DECLARATION NO. 2005-07. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-66 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN. BUSINESS ITEMS 31. Adoption of Resolution establishina fines and penalties of parkina and lake use violations City Manager Brady noted the parking and lake use violation penalties. He commented on timely payment of fines. He stated that staff is recommending an increase in the fine amount. Mayor Pro Tem Hickman commented he would like to look into RV parking violations. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-67 EST ABLlSIHING FINES AND PENALTIES FOR PARKING AND LAKE USE VIOLATIONS. 32. Public Safetv Advisory Commission Recruitment and Appointment Process Mayor Magee commented on the appointment of sub-committee made up of Mayor Pro Tem Hickman and Councilmember Schiffner. He stated there are two positions that need to be filled. 13 MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO INITIATE THE RECRUITMENT PROCESS BY ESTABLISHING A SUBCOMMITTEE TO REVIEW, INTERVIEW AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL FOR APPOINTMENT OF THESE PERSONS TO THE PUBLIC SAFETY ADVISORY. COUNCIL RECESSED AT 8:08 P.M. COUNCIL RECONVENED AT 8:17 P.M. PUBLIC COMMENTS No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) The upcoming Community calendar events. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Community events during May. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Hickman commented on the following: 1) On the National Day of Prayer on May 13th. 14 2) Unity in Community Walk over 400 participants. Councilmember Buckley commented on the following: No comments. Mayor Magee commented on the following: 1) Burglary at the Sporting Goods store, police caught the burglars. 2) Requested staff look into AMR Ambulance posting protocol. 3) Closed meeting in honor of victims of Virginia Tech School tragedy. Mayor Magee adjourned the Regular City Council Mee . ATTEST: 11' ~ l "ld~ p ((~ (~tCfb MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 15 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 8,2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. Mayor Magee called to order the Regular City Council Meeting at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Planning Manager Weiner, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto and Administrative Specialist Dana Porche. CLOSED SESSION City Attorney Liebold indicated the following items were to be discussed during Closed Session: A. CONFERENCE WITH LEGAL COUNCEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code 9 54956.9) Elsinore Valley Municipal Water District vs. City of Lake Elsinore, John O'Doherty et al (Riverside County Superior Court Case No. RIC 31267). B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code 9 54956.9) Elsinore Christian Center et al vs. City of Lake Elsinore (Appeal No. 04-55320; D.C. No. CV-01-04842-SVW). 1 C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 9 54956.8): Property: APN 347-350-002 along the proposed Elsinore Hills Road adjacent to Tentative Tract Map No. 31593. Negotiating parties: City of Lake Elsinore and property owner Randi Fjaeran Under negotiation: price and terms of payment D. CONFERENCE WITH REAL PEROPERTY NEGOTIATOR (Gov't Code 9 54956.8): Property: APNs 375-350-012, -016, -017, -030, -031, -035, -036, -057 Negotiating parties: City of Lake Elsinore and Margaret Small, First America Trust, Symantha Pham, Glenda Patton and Michael Bloeber Under negotiation: price and terms of payment E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 9 54956.8): Property: APN's 374-271-003, -004, -007, -013, -015 Negotiating parties: City of Lake Elsinore and The Shopoff Group Under negotiation: price and terms of payment The 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 Dr. Vick Knight. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, Community Services Director Sapp, City Engineer Seumalo, Information/Communications Manager Dennis, Public 2 Works Manager Payne, Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto and Administrative Specialist Dana Porche. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A, B, C, D, and E" were discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Presentation - Assemblvman Jeffries Leqislative update Mayor Magee invited the Chairman of the Murrieta Planning Commission Randon Lane up to the podium. Mr. Lane apologized for Assemblyman Jeffries not being able to attend. He noted the progress of the legislative bills. He commented on the AB291 bill regarding Highway 74 in Lake Elsinore and that it has been put in the suspense file because it is over $150 thousand dollars. He stated that he sees no problem with it moving forward. He commented on the AB1485 bill concerning military spouse tax exemption. B. Proclamation - Mental Health Month Mayor Magee presented a proclamation to Gloria Hernandez in recognition of Mental Health Month. Gloria Hernandez stated this is Mental Health Awareness Month and there will be Open Houses at all the clinics. She commented on the amount of clients served in the Riverside County. C. Presentation -Implementation of Shoreline Safety Plan Mayor Magee invited Lake & Aquatic Resources Director Kilroy to the podium. Mr. Kilroy introduced the shoreline safety measures. He noted that Thomas Griffiths an expert in the field of aquatic safety evaluated the lake and made recommendations in 2005. He reviewed the recommendations that have been made. He commented on the recommendations that were implemented into the Shoreline Safety Plan. He indicated the signs that have been installed along the public Shoreline. 3 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Pete Dawson of LEMSAR, stated he is appealing to the Council to open the Public Safety Advisory Committee to include a Lake oriented person or LEMSAR member. CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO APPROVE THE CONSENT CALENDAR. 1. Ratified Warrant List - April 13, 2007. 2. Construction Contract Change Order No. 1 for "City Park" restaurant/restroom building. 3. Professional Services Proposal Approval 4. Award of Bid - Park Trash Enclosures. 5. Award of Bid - Stadium Heat Pumps. 6. Award of Bid - City Park Fencing 7. Exception to bid procedures. 8. Maintenance Agreement between the City of Lake Elsinore and Belcaro Home Owners Association. PUBLIC HEARINGS 21. Resolution approvina the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Liqhtinq District No. 1 as Annexation Area No. 17 (La Laquna. Phases 4 & 5) pursuant to the Landscapinq and Liqhtinq Act of 1972 Mayor Magee opened the public hearing at 7:20 P.M. Mayor Magee indicated Staff requested this item be continued until May 22, 2007. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO CONTINUE THIS ITEM UNTIL MAY 22,2007, CITY COUNCIL MEETING. 4 22. Tentative Tract Map No. 34837 (for condominium purposes) and Residential Desion Review No. 2~06-18 for Lakeshore Villaoe Town homes Community Development Director Preisendanz presented an overview of the proposed project. He noted the location of the project and how many units were included. He noted the revisions to conditions that staff is recommending. Albert Smith, owner of property on Lakeshore Drive, commented on the access points of the project. Council member Schiffner inquired if Mr. Smith is proposing an easement across his property. Mr. Smith stated that an emergency gate be installed. Mayor Pro Tern Hickman inquired when Mr. Smith plans on developing this property. Mr. Smith indicated that he would like to find a developer to develop the property. Mayor Pro Tem Hickman noted he would not want to make access points open up to Mr. Smith's property. Councilmember Kelley expressed her concerns that the Planning Commission conditioned the developer to put in a wrought iron access gates. Mr. Smith stated that he wants access points for emergency purposes only. Council member Schiffner stated that he cannot grant access. Mayor Magee inquired if the current design without the wrought iron gates meets the Fire Department guidelines. Community Development Director Preisendanz confirmed that it does meet the Fire Department guidelines. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2007 -68 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2007-69 APPROVING TENTATIVE TRACT MAP NO. 34837. 5 MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2007-70 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-18 INCLUDING MODIFICATIONS TO CONDITIONS NO. 34 & NO. 36. BUSINESS ITEMS 31. Second Readino - Ordinance No. 1216 - Amendino Section 16.83.040 of the Lake Elsinore Municipal Code reoardino the Transportation Uniform Mitiaation Fee Prooram MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1216. ORDINANCE NO. 1216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 16.83.040 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE BUCKLEY ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE 32. Second Readino - Ordinance No. 1217 - Actino as the leoislative body of the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) authorizino the levv of a special tax within Annexation Area No. 22 (Tract 32503) annexed to said district MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1217 6 ORDINANCE NO. 1217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISTLATIVE 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. 222 (TRACT 32503) ANNEXED TO SAID DISTRICT THE FOllOWING ROll CAll VOTE RESULTED: AYES: COUNCllMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY. SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY NONE 33. Second Readina - Ordinance No. 1218 - Actina as the leaislative body of the City of Lake Elsinore Community Facilities District No. 2004-3 (Rosetta Canyon), authorizina the levy of a special tax MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1218 . ORDINANCE NO. 1218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 1 (TRACT 32503) ANNEXED TO SAID DISTRICT UPON THE FOllOWING ROll CAll VOTE RESULTED: AYES: COUNCllMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: BUCKLEY 7 ABSTAIN: COUNCILMEMBERS: NONE 34. Second Readinq - Ordinance No. 1219 - Actinq as the leqislative body of the City of Lake Elsinore Community Facilities District No. 2004-3 (Rosetta Canyon). authorizinq the levy of a special tax MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1219 ORDINANCE NO. 1219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON), AUTHORIZING THELEVY OF A SPECIAL TAX THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 35. Second Readinq - Ordinance No. 1220 - Addinq Chapter 17.18 of the Lake Elsinore Municipal Code reqardinq the R-M-R: Rural Mountainous Residential District and adoption of a Neqative Declaration therefore MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1220 ORDINANCE NO. 1220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.18 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDIN THE R-M-R RURAL MOUNTAINOUS RESIDENTIAL DISTRICT AND ADOPTION OF A NEGATIVE DECLARATION THEREFORE 8 THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 36. Second Readinq - Ordinance No. 1221 - Approvinq Amendment No. 2 to the Canyon Hills Specific Plan MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1221 ORDINANCE NO. 1221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE CANYON HILLS SPECIFIC PLAN THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 37. Commercial Desiqn Review No. 2007 -03 Rosetta Canyon Fire Station. Community Center and Park Community Development Director Preisendanz presented an overview of the project. He noted this project would consist of three phases. He noted the Planning Commission recommends approval Linda Cooley, a Rosetta Canyon resident, commented that the amount of basketball courts in the area are inadequate and would like to have additional ones added. 9 Community Services Director Sapp stated that the Earl Warren Elementary School project will include two full basketball courts and four half courts, that will be lighted and accessible to all residents. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO APPROVE COMMERCIAL DESIGN REVIEW NO. 2007-03 FOR THE ROSETTA CANYON FIRE STATION, COMMUNITY CENTER AND PARK. 38. Residential Desiqn Review No. 2006-11 (Corman Leiqh) Community Development Director Preisendanz commented the applicant approved recommendation of design review and Planning Commission recommends approval. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2007-71 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO.2007 -72 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-11. 39. Amendment to Lake Elsinore Municipal Code. Chapter 5.18 reqardinq Masseurs. Masseuses and Massaqe Parlors Chief of Police Fetherolf commented on the increase in the number of applications for this type of business. He stated that a number of these business have acted inappropriately. He stated that along with the City Attorney he has drafted an Ordinance revision. City Attorney Leibold commented on the definition of "massage establishment" to the zoning code. She also stated the recommended hours of operation. Mayor Pro Tem Hickman inquired about the revision giving the police more teeth in correcting the problem. Chief of Police Fetheroff replied that this will prevent illegal practices from going on in the business and will specify the qualifications and criteria that must be met by the employees as well as the owners of the establishment, so that it is a reputable business. 10 Mayor Pro T em Hickman commented on regulating the number of establishments according to the population within the City. Chief of Police Fetherolf stated that if the business is a legitimate business there is nothing to regulate. MOVED BY COUNCILMEMBER KELLEY SECONDED BY COUNCILMEMBER SCHIFFNER TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1222 ORDINANCE NO. 1222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.18 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MASSEURS, MASSEUSES AND MASSAGE PARLORS THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: HICKMAN, KELLEY. SCHIFFNER, MAGEE NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE COUNCIL RECESSED AT 7:59 P.M. COUNCIL RECONVENED AT 8:00 P.M. PUBLIC COMMENTS Chris Hyland commented on the City going to Valley Center for auto parts. She commented on the amount of money being spent and suggested using an auto parts store in the City. Dr. Vick Knight commented on the Masonic Lodge being unable to sell their property because of zoning regulation. He would like the Council to help change the zoning back to C1 so it may be sold. 11 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) The upcoming Community calendar events. CITY ATTORNEY COMMENTS No comments COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Requested changing the budget Study Session on 5/24 to another date. Mayor Magee suggested moving it to Tuesday May 29th. The Council agreed to change the meeting to Tuesday May 29th at 5:00 p.m. Councilmember Schiffner commented on the following: 1) Thanked Planning staff for work with Dr. Knight. Mayor Pro Tern Hickman commented on the following: 1) Tom Buckley is at a Vector Control Meeting in Washington. 2) Congratulations to Jose for the Journalism award. 3) Congratulations to the Elks scholarships winners. Councilmember Buckley commented on the following: No comments. Mayor Magee commented on the following: 1) Asked City Manager to meet with Dr. Knight regarding the zoning problem. 12 ATTEST: 1':& J 'L th j' ' ,', , XI- ~, /t./ (', {I" (/ Ul' "' MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 13 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 22,2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.m. The Regular City Council Meeting was called to order by Mayor Magee at 7:01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: Also present were: City Manager Brady, Administrative Services Director Pressey, City Treasurer Weber, Community Development Director Preisendanz, Lake and Aquatic Resources Director Kilroy, Community Services Director Sapp, Public Works Manager Payne, Planning Manager Weiner, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Traffic Engineer Basubus, Associate Planner Donahoe, Assistant Planner Carlson, Interim City Clerk Soto and Administrative Specialist Dana Porche. 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 Mayor Magee. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. 1 ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, Community Services Director Sapp, City Engineer Seumalo, Information /Communications Manager Dennis, Public Works Manager Payne, Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto and Administrative Specialist Dana Porche. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (c) of Gov't Code ~ 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 - EaQle Scout Matthew Jansen Mayor Magee presented a Proclamation to Eagle Scout Matthew Jansen. Matthew thanked his troop and Scout Master. He also thanked the City Council for the Proclamation. B. Presentation to Student Valets Councilmember Kelley invited the student valets to the podium. She commented and gave a background on student valet services. She presented the certificates to each student. C. Proclamation - National Public Work's Week Mayor Magee presented a proclamation to Public Works Manager Payne in recognition of National Public Works Week. 2 Public Works Manager Payne thanked Mayor Magee, Council and Staff for the Proclamation. D. Presentation - District Attornev Pacheco District Attorney Rod Pacheco thanked the Council for their assistance with gangs in Riverside County. He commented on the documented number of gangs in the County. He described what a documented gang member is and listed the gangs in this area. Councilmember Buckley inquired about what percentage of gang members lead to violent crimes. District Attorney Pacheco stated that about 60% of violent crimes are committed by about 7% of the population. He noted that gang members were responsible for most of the violent crimes in the county. Council member Buckley inquired about the percentage of "homegrown" gangs within Lake Elsinore. District Attorney Pacheco noted that the percentage was about 50/50. He commented on international gangs. Councilmember Kelley inquired on the advice that can be given to residents about gang activity. District Attorney Pacheco commented that residents continue to be aware of gang activity and dedicated to a resolution. Councilmember Kelley inquired what kind of programs are out there for gang members. District Attorney Pacheco responded the way to suppress gang activity is by working with the kids, keeping them in school and keeping them on the right track. E. Chamber of Commerce Update Ruth Atkins commented on events on the Chamber of Commerce calendar. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 1 MINUTE Donna Franson, lake Elsinore Citizen Committee commented on the quarterly meeting and the key speakers. 3 CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR. 1. Minutes a. Joint City Council/Redevelopment Agency Study Session - January 23, 2007 b. City Council Meeting - January 23, 2007 2. Ratified Warrant List - April 30, 2007 3. Investment Report - March 31,2007 4. Resolution initiating proceedings and approving the Engineer's Report for the annexation of certain territory known as Makenna Court into the City of Lake Elsinore Landscape and Street Lighting District No. 1 as LLMD Annexation No. 19. 5. Resolution of Intention to form Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) and to authorize the levy of a special tax. 6. TIF Fee Credit Agreement for transportation improvements constructed in connection with Centex Homes Ramsgate Development. PUBLIC HEARINGS 21. Resolution approvino the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Liohtino District No. 1 as Annexation Area No. 17 (La Laouna. Phases 4 & 5) Mayor Magee opened the public hearing at 7:38 P.M. City Manager Brady reported on the item. He requested that the City Attorney announce notice of the item. City Attorney Leibold announced the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey commented on the 1 ih annexation to LLMD No.1. He noted this district has two zones. He stated the number of street lights and the annual cost of each zone. 4 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 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 assessments 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 purpose of a majority protest, only written protest were to be considered. Mayor Magee closed the public hearing at 7:41 p.m. Mayor Magee directed Interim City Clerk Soto to tabulate the ballots and announce if a majority protest had been made. Interim City Clerk Soto tabulated the ballots and announced that a majority protest did not exist. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-76 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. 22. Resolution determininq the validity of prior proceedings relatinq to annexation of property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement. Fire. and Paramedic Services); call a special election. canvas election results; authorizinq levy of special taxes for CFD No. 2003-1 Annexation Area No. 23 (La Laquna Phases 4 & 5) Mayor Magee opened the public hearing at 7:43 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. 5 Mayor Magee inquired if there were any property owners subject to the proposed assessments 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 purpose of a majority protest, only written protest were to be considered. Mayor Magee closed the public hearing at 7:45 p.m. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-77 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-78 CALLING A SPECIAL ELECTION. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-79 ORDERING CANVASSING OF ELECTION RESULTS. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1222 ORDINANCE NO.1223 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. 23 (LA LAGUNA PHASES 4 & 5) ANNEXED TO SAID DISTRICT THE FOllOWING ROll CAll VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER MAGEE NOES: COUNCllMEMBERS: NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE 6 / 23. Adoption of Resolution No. 2007-80 approvinQ the City of Lake Elsinore Traffic Impact Fee Update and increasina Traffic Impact Fees for Development Proiects within the Citv of Lake Elsinore City Manager Brady noted it was a closed modification increase based on consumer price index. He stated that fees were last updated in 2005. Mayor Magee opened the public hearing at 7:49 p.m. Ken Sholtz, Fairway Commercial Park, said there was a discount in the TIF fee. He commented that the discount puts a heavy increase on commercial development and would like Council to take it in to consideration. Mayor Pro Tem Hickman requested that this item be continued off calendar. Council member Buckley requested an explanation of the discount. City Manager Brady stated that all non-residential development was reduced by 30% when first proposed. Council member Buckley suggested a two year phase in plan. He questioned a cut off point for each project. City Manager Brady stated the effective date is July 1st. Permits pulled prior to that date would have the existing rate. He motioned to approve the two year phase in of non-residential. The motion died due to lack of a second. Mayor Magee directed staff to look at Class A office building exemptions. Councilmember Kelley requested a comparison. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSTAINING TO CONTINUE THE ITEM OFF CALENDAR. 24. Zonina Ordinance Text Amendment No. 2007-02; a request to amend portions of the Lake Elsinore Municipal Code related to the modification of the minimum on- site landscape coveraae percentaae requirements within commercial and industrial zones Community Development Director Preisendanz stated the Council approved a text amendment in Nov. 2006. He stated that a number of developers were not aware of the amendment so they did not outreach. He stated that Staff prepared 7 a revised proposal to the Planning Commission to reduce the commercial development landscape and industrial landscape requirements. He stated the Planning Commission voted 3-2 to recommend the Council deny the request. Damian Porreca indicated he is developing a parcel and intend to build an industrial park. He stated that the development has been planned and waiting for environmental documents. He stated the increase would cause a hardship and prohibit development. He requested that the Council overturn the Planning Commission's decision. Byron Bishop, Advanced Investments Development, indicated they are currently developing projects within the City. He noted that he has dropped two other projects in the City because they are not economically feasible. He commented that he perceives this as a downturn. Rod Oshita, Fairway Commercial Partners, commented on his project. He thanked City Manager Brady and Planning Department for their outreach. He asked Council to consider amending the Landscape Ordinance back to 12%. Norman Brody indicted he has owned industrial real estate here for many years. He stated that anything beyond 12% is a burden. Mike Quirck, Elsinore West Business Park, expressed his concerns for the means to get to 20%. He commented on doing a phase in or going to 12% and increase to the difference later. Larry Slonim, indicated he is currently working with a developer and trying to comply with the high percentage of landscaping is very difficult. He noted that 15% would be much more appropriate. Mayor Magee closed the public hearing at 8:08 p.m. Councilmember Schiffner stated that based upon the testimony the has been heard and the facts that have been given, he would like to over rule the Planning Commission's decision and establish a 15% landscaping requirement on commercial and a 12% on industrial. Mayor Pro Tem Hickman expressed his concerns with the fee. Councilmember Kelley commented on being mindful of the economy. She stated she is in support of the compromise. Council member Buckley noted he was in support of the reduction. Council member Kelley noted that Staff include language on page 3 and should be italicized. 8 Community Development Director Preisendanz indicated that it already exists. Mayor Pro Tem Hickman stated that he would like staff to work with the developers. . Mayor Magee noted the Council was pleased with the 20% initially. He commended staff for their outreach to the development community. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN CARRIED BY A UNANIMOUS VOTE TO DENY THE PROPOSED TEXT AMENDMENT. 25. Extension of time for Tentative Tract Map No. 32077 Community Development Director Preisendanz stated this item was a request for an extension of time. He stated that because of this several conditions have been modified. Mayor Magee expressed this concern with the lack of executive housing opportunities in the community. He expressed his disappointment with staff removing gates from the community. Mayor Magee noted that Council member Buckley is absent from the discussion and vote. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4-0 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2007-81 APPROVING A ONE YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 32077. BUSINESS ITEMS 31. Second Readinq - Ordinance No. 1222 - Amendinq and restatinq Chapter 5.18 of the Lake Elsinore Municipal Code reqardinq Masseurs. Masseuses and Massaqe Parlors MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1222 ORDINANCE NO.1222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.18 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MASSEURS, MASSEUSES AND MASSAGE PARLORS. 9 THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE 32. CR&R - Annual consumer price index increase City Manager Brady presented the staff report. He also noted the monthly increase. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE CPI INCREASE AND APPLICATION OF NEW RATES FOR REFUSE PICK-UP, RECYCLING AND DISPOSAL TO TAKE EFFECT ON JULY 1, 2007. 33. Citv Park Plantinq Plan Community Services Director Sapp gave an overview of the Plan. He stated the plan will be completed by June 1st. Council member Kelley stated she appreciated the plan and the fast timeline. Councilmember Buckley commented on the dimensions. Community Services Director Sapp stated that cutting down the trees will add more light and other growth will improve. He indicated more trees can be planted if Council desires. Councilmember Buckley moved to approve with additional trees in a portion of the picnic area. Motion died due to lack of a second. Mayor Pro Tern Hickman suggested that Mr. Sapp use his own discretion. Councilmember Schiffner inquired how the plan was determined. 10 Community Services Director Sapp stated the plan came from the landscape architect. MOVED BY MAYOR MAGEE, SECONDED BY COUNCILMEMBER BUCKLEY TO APPROVE THE PLANTING PLAN, TIME LINE AND FUNDING RECOMMENDATION FOR THE CITY PARK TREE REMOVAL AND REPLANTING PROJECT. 34. Commercial Desiqn Review No. 2006-05 Community Development Director Preisendanz presented an overview of the item. He stated that the Planning Commission unanimously recommended approval. Councilmember Buckley commented on the Oct./Nov. opening of the golf course. Mayor Magee stated that the golf course and sports building needed to be operational prior to release of the certificate of occupancy for the first residential structure. Council member Buckley expressed his concern with long term damage if the course is played on too soon. Community Development Director Preisendanz stated there was a landscape architect. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007 -82 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NOL 2007-83 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-05 COUNCIL RECESSED AT 8:38 P.M. COUNCIL RECONVENED AT 8:40 P.M. PUBLIC COMMENTS 11 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) The upcoming Community calendar events. 2) He introduced Jerry Hendershot as new Battalion Chief. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: No comments. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tern Hickman commented on the following: 1) Memorial Day Service at the City Cemetery 10:00 a.m. Council member Buckley commented on the following: 1) The new logo branding on the City. Mayor Magee commented on the following: 1) A letter from the City Manager of Temecula for a volunteer to help conduct a study for a Regional Medical Facility. Mayor Pro Tem Hickman volunteered. 12 Mayor Magee adjourned the Regular City Council Me ATTEST: u(,1 It &J .: " Q i Jt . f I I ... ~) MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 13 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 12,2007 **************************************************************************************************** CALL TO ORDER .. 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were: City Manager Brady, Administrative Services Director Pressey, Community Services Director Sapp, Public Works Director Seumalo, Public Works Manager Payne, Building & Safety Manager Chipman, Planning Manager Weiner, Information/Communications Manager Dennis, Associate Planner Coury and Administrative Specialist Dana Porche. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR - (Gov't Code 9 54957.6) City negotiator: Special Counsel, Steve Filarsky Employee organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION _ Significant exposure to litigation pursuant to subdivision (b) of Gov't Code 9 54956.9: (1 potential case) The Regular City Council Meeting was recessed Into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) 1 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mitch Naggs. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were: City Manager Brady, Administrative Services Director Pressey, Community Services Director Sapp, Public Works Director Seumalo, Public Works Manager Payne, Building & Safety Manager Chipman, Planning Manager Weiner, Information/Communications Manager Dennis, Associate Planner Coury and Administrative Specialist Dana Porche. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion item as listed above. She noted that items "A and B," were discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Proclamation - Temescal Canyon Hiqh School Varsity Baseball team Mayor Magee presented the proclamations to the baseball team. He introduced the players and coaches and read the teams statistics. The team coach thanked the Council for the Proclamation. B. Proclamation - Odyssey of the Mind Mayor Magee invited the students up to the podium and presented each of them with a proclamation. Christina South thanked the Council for the proclamation. She introduced the coaches and spoke about the Odyssey of the Mind competition. 2 C. Certificate of Achievement - Korn Scholarships Mayor Magee invited Mark Dennis to join him at the podium. Information/Communications Manager Dennis commented on the Scholarships and introduced the recipients. He presented each of the students with a certificate of achievement. D. Certificate of Appreciation - Ron Hewison (PSAC) Mayor Magee introduced Mr. Hewison. He read and presented Mr. Hewison with a Certificate of Appreciation listing his accomplishments with PSAC. He thanked him for his service. E. Certificate of Appreciation - Rav Kniqht (PSAC) Mayor Magee introduced Mr. Knight. He read and presented Mr. Knight with a Certificate of Appreciation listing his accomplishments with PSAC and thanked Mr. Knight for his service. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Donna Franson stated she wanted to remind everyone of the Lake Elsinore Citizens' 3rd Quarter yearly meeting at the Tuscany Hills Recreation Center. Chris Hyland commended the Lake Elsinore Police Officers for patrolling the streets of Lake Elsinore and giving tickets to the speeding vehicles. Ruth Atkins commented on the article in the Californian regarding a fund for speakers. She stated the money should go toward the local Elsinore Valley Arts Network who put on the free concerts in the park. She also stated the glow from the street lights on Lakeshore was beautiful. CONSENT CALENDAR ITEMS IT WAS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR. 1. Ratified Warrant List - May 15, 2007 2. Ratified Warrant List - May 31,2007 3. Received and filed Investment Report - April 2007. 3 4. Adopted Resolution No. 2007-84 setting the City's 2007-08 Appropriations Limit for FlY 2007-08 at $55,166,616. 5. Approved Change Order No. 4 for the Interim Improvements located at 1- 15/Railroad Canyon Road Interchange for $22,170. Authorized the City Manager to execute Change Order NO.4 with R.J. Noble Company. 6. Authorized the Mayor to sign Notice of Completion for "Antique" Street Lights Located along Lakeshore Drive between Chaney and Manning Streets and directed the City Clerk to file the Notice of Completion with the County of Riverside Recorder. 7. Authorized staff to purchase a boom mower for the amount of $27, 960 from Powerland Equipment Inc. 8. Approve additional funds in the amount of $450,000 for the contracts with Harris & Associates. Authorize city staff to process purchase orders in the amount of $450,000.00 for the contract. 9. Adopt Resolution No. 2007-85 approving the Engineer's Report for the Citywide Landscaping and Lighting Maintenance District and the Landscaping and Street Lighting Maintenance District. Adopt Resolution No. 2007-86 Declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the Citywide LLMD and setting a public hearing for July 10, 2007. Adopt Resolution No. 2007-87 approving Engineer's Report for the LLMD No.1. Adopt Resolution No. 2007-88 declaring its intention to provide for an Annual Levy and Collection of Assessments in the LLMD NO.1 and setting a public hearing for July 10, 2007. 10. Authorize an Exception to Bid Procedures under LEMC Sec. 3.08.070 (F) to bypass the bid process for purchases greater than fifteen thousand dollars and award the bid to Elegant Alumawood Covers, in the amount of $17,800.00. 11. Authorize the City Manager to extend the service agreement with Excel Landscape Inc. until December 31,2007. 12. Mayor and City Council concurred with the City Manager's approval (as indicated in the approved Purchase Orders) for exception to bid procedures for the Lake Community Center and directed staff to initiate the improvements to the Lake Community Center. 13. Approved the Amendment to Professional Services Agreement and authorized the City Manager to execute the same. 14. Authorized the City Manager to enter into contract with HDR, Inc. to prepare CEQA Compliance Documents for the project known as "Shoppes at Central Crossroads" project in an amount not to exceed $39,700. 4 PUBLIC HEARINGS 21. Resolution approvinq the Annexation of Territory and the Levy of Assessments for Lake Elsinore Landscape and Street Liqhtinq District No. 1 as Annexation Area No. 18 (TR 17413-4) pursuant to the Landscapinq and Liqhtinq Act of 1972 City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He stated that the item was the 18th annexation into LLMD NO.1. He commented on the voting ballot process. Mayor Magee opened the public hearing at 7:38 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 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 assessments 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 purpose of a majority protest, only written protests were to be considered. There being none, Mayor Magee closed public hearing at 7:42 p.m. Mayor Magee directed the City Clerk to tabulate the ballots and announce if a majority protest had been made. Office Specialist Porche tabulated the ballots and announced that a majority protest did not exist. Mayor Magee inquired on the number of ballots were cast that were not in favor of the increase. Office Specialist Porche noted there were 17 ballots that were in favor of the increase. 5 IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4-0 VOTE, WITH COUNCILMAN BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2007-89 APPROVING THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LLMD NO.1 AS ANNEXATION AREA NO. 18. 22. General Fund and LLMD Operatina Budaet for Fiscal Year (FY) 2007-08 Administrative Services Director Pressey gave an overview of the budget. He stated the budget was balanced and allowed the City to maintain a reserve for future contingencies. He stated that public safety was the number one priority. Council member Schiffner commended Staff for a putting together a budget the City is proud of. Council member Buckley commented on the community promotion budget. He stated that the speaker concept would bring more people downtown for dinner or shopping. He motioned that this be added to the budget. Motion died for lack of a second. Council member Kelley stated she was excited about the budget because of the added police budget. She stated public safety was a priority and the budget reflected that. She commented on the monies for additional community services. Mayor Pro Tern Hickman commended Staff on the budget. He stated he requested the Staff look into Blackberrys for the team. Mayor Magee recognized the work of City Manager Brady, Administrative Services Director Pressey and all Department Heads and thanked them for their hard work. He commented on the balanced budget. IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-90 ADOPTING THE PROPOSED GENERAL FUND AND LLMD OPERATING BUDGET FOR THE FISCAL YEARS 2007-08. 23. Tentative Parcel Map No. 34591 (for condominium purposes), and Residential Desian Review No. 2006-02 for Lake Elsinore Condominiums Planning Manager Weiner gave a brief overview of the item. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-91 ADOPTING THE FINDINGS OF CONSISTENCY WITH THE MULTI SPECIES HABITAT CONSERVATION PLAN (MSHCP). 6 IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-92 APPROVING TENTATIVE PARCEL MAP NO. 34591. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-93 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-02 WITH AN ADDITIONAL CONDITION OF IVY OR OTHER LANDSCAPE WALL COVERING ON THE RIVERSIDE DRIVE BLOCK WALL. BUSINESS ITEMS 31. Second Readinq - Ordinance No. 1223 IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILEMBER BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1223 ORDINANCE NO.1223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNTIY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 23 (LA LAGUNA PHASES 4 & 5) ANNEXED TO SAID DISTRICT. THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 7 32. Ordinance statinq the status of Redevelopment Aqency eminent domain authority pursuant to Senate Bill 53 - The Lake Elsinore Redevelopment Aqency does not have eminent domain authority City Attorney Leibold requested that action on the item be deferred and to hear the item concurrently with the Redevelopment Agency action in joint session. Mayor Magee agreed to hear the item in the Redevelopment Agency portion of the calendar. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY ORDINANCE NO. 1225 ORDINANCE NO.1225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESCRIBING THE REDEVELOPMENT AGENCY'S PROGRAM REGARDING EMINENT DOMAIN PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTION 33342.7 THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 33. Zoninq Ordinance Text Amendment No. 2007-02 related to the minimum on-site landscape coveraae percentaae requirements within commercial and industrial zones IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO CONDUCT THE FIRST READING OF ORDINANCE NO. 1224 BY TITLE ONLY. 8 ORDINANCE NO.1224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTIONS 17.40.080 C., 17.44.070 C., 17.48.080 C., 17.52.090 C., 17.54.090 C., 17.56.100 C., AND 17.60.100 C. OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MINIMUM ON-SITE LANDSCAPING REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL DISTRICTS. THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 34. Consideration of Commercial Desiqn Review No. 2007-01 for the proiect known as 'Wachovia Bank BuildinQ" Planning Manager Weiner presented an overview of the item. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-94 MAKING FINDINGS OF CONSISTENCY WITH THE MULTIPLE-SPECIES HABITAT CONSERVATION PLAN. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-95 APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-01 35. Chanqe to a Condition of Approval for Desiqn Review No. R2004-04 - Fairfield Apartments Public Works Director Seumalo gave a brief overview of this item. He stated Fairfield had requested Staff recommend to the Council to allow the 352 units be occupied prior to the signal operation. He stated in support of this request, a traffic study was submitted to Staff for review. He stated Staff was 9 recommending approval. Ed McCoy, Fairfield Residential, thanked Staff for their work. He stated he concurs with Staff recommendation on conditions. He commented on the existing businesses in the neighborhood. He stated new residents would be signing a document acknowledging the fact that there are existing businesses that may mean dust or glare. He stated the existing tenants would be notified as well. He commented on the additional apartment homes. Council member Schiffner commented on his approval of the change in the percentage. Councilmember Buckley commented on the lease agreement. He inquired about the current tenants not willing to sign the document. Mr. McCoy stated he did not expect that to be a problem. Council member Buckley commented on the percentage of occupancy. He inquired how long they have been working with CalTrans. Mr. McCoy stated that the street light was the responsibility of the master developer. He stated the plans were being processed. He noted the plans have been approved by the City and Cal Trans. He stated Cal Trans was reviewing the as built plans and should take six weeks, then Cal Trans can approve the traffic signal plans. He indicated the equipment could not be ordered until plans were approved by Cal Trans. Council member Buckley commented on the responsibility of Centex. He inquired if Centex had made any request through staff. Public Works Director Seumalo responded the City has had no contact with Centex. He stated he would contact the Centex staff. Mr. McCoy indicated an executed agreement between Fairfield and Centex was provided to the City. Mayor Pro Tern Hickman commented on the concern for the traffic signal light. He noted he was willing to go the 80% as long as the traffic light will go up as soon as possible. Mr. McCoy gave his word that the signal would go up as soon as possible. Councilmember Kelley concurred with Staff's recommendation. 10 Mayor Magee stated he supported Staffs recommendation. He stated the facility was beautiful. He commented he was disappointed that they did not comply with the Conditions of Approval. He stated he would like the word "noise" added to "dust." IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE A CHANGED TO THE ORIGINAL CONDITIONS OF APPROVAL NO.8 OF R2004-04, REQUIRING THE TRAFFIC SIGNAL BE OPERATIONAL PRIOR TO 50% OCCUPANCY TO ALLOW 80% OCCUPANCY PRIOR TO COMPLETION OF THE TRAFFIC SIGNAL IMPROVEMENT WITH THE ADDITIONAL CONDITION THAT WORK ON THE TRAFFIC LIGHT SHALL COMMENCE IMMEDIATELY UPON CAL TRANS AND COUNTY APPROVAL. COUNCIL RECESSED AT 8:38 P.M. COUNCIL RECONVENED AT 8:40 P.M. PUBLIC COMMENTS Virginia Ruffino expressed her concerns with the City's Code Enforcement Officers. She indicated that they were very rude to her. She requested the City give her some space. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1 ) Congratulated the RDA and City Attorney for their hard work. 2) Thanked the City Staff for the new lights along Lakeshore. 3) The bowling alley is now open. 4) Requested that Staff watch the spending budget. 5) Thanked Community Services Director Sapp for his work. CITY ATTORNEY COMMENTS 1) Thanked City Manager for kind words. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. 11 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Congratulated staff on their work with regard to the budget. 2) Congratulated 2007 graduates. Councilmember Schiffner commented on the following: 1) Extended his appreciation to the staff. 2) He toured the new bowling alley and it was beautiful. Mayor Pro Tern Hickman commented on the following: 1) Best Western Hotel was now open. 2) Memorial Day Service was great. 3) Kudos to the Storm Team. Council member Buckley commented on the following: 1) Thanked Staff all for their hard work. Mayor Magee commented on the following: 1) Thanked Staff all for their hard work. Mayor Magee adjourned the Regular City Council Mee~50 p.~. ROBERT E. MAGEE, CITY OF LAKE ELSI ATTEST: ~_/U;JJljf ~ MICHELLE SOTO INTERIM CITY CLERK 12 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 26, 2007 **************************************************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 7:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated that the following item was to be discussed during Closed Session: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (c) of Gov't Code ~ 54956.9: (1 potential case) City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. It was moved and seconded to recess to 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 Mayor Magee. 1 INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Public Works Director Seumalo, Building & Safety Manager Chipman, Planning Manager Weiner, Information/Communications Manager Dennis, Assistant Planner Miller and Interim City Clerk Soto. 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 - Joe Hildebrand. Navv Seal Mayor Magee invited Mr. Hildebrand up to the podium. Mayor Pro Tem Hickman gave an overview of Mr. Hildebrand's military background and achievements. He then presented the proclamation to Mr. Hildebrand. Mr. Hildebrand thanked everyone for their patriotism and support. He commented on his experience in Iraq. B. Presentation - Reoional Trail Update Community Services Director Sapp presented an update on the Regional Trail plan. He thanked Gary Andre with the Regional Trails Task Force for all his help. Gary Andre spoke of local trails. He noted the areas that they have been working on. He noted all their trails were called "offset trails". 2 Community Services Director Sapp thanked IT staff and Cathy Borrozo for their help with presentation. Linda Rhinenower, a representative from Lakeland Village and the Trail Committee, commented on being able to walk or bike around the Lake. She stated her support for Lakeland Village. She noted that she would like children to walk to school safely. C. Presentation - Emplovee Recoqnition Mayor Magee presented background on Dave Sapp's experience and contributions to the City Community Services Director Sapp noted his experience with the City had been great. He stated that the City Attorney's office had been a great help. He noted that it has been a pleasure to serve the community. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Jose Carvajal introduced himself as the new Public Information Officer for LEUSD. Chris Hyland commented on the accessibility of the Council Meetings to the public. She thanked the Council for the convenient time of the meetings. CONSENT CALENDAR ITEMS IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO PULL ITEM NO. 11 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Approved the following Minutes: a. Special City Council Meeting - February 1,2007. b. Joint City Council/Redevelopment Agency Study Session - February 13, 2007. c. City Council Meeting - February 13, 2007. 2. Rejected Claim against the City - Jesse Navarro. 3. Approved Professional Engineering Services Agreement with David Solomon. 4. Approved Engineering Inspection Services Agreement with Bob Stover. 3 5. Approved Professional Engineering Services Agreement with Chuck Mackey. 6. Authorized the City Manager to prepare and enter into contract with Kirt Coury, Linda Miller, Wendy Worthey and Carole Donahoe to provide specialized planning services on an annual basis. 7. Approved annual adoption of Investment Policy. 8. Adopted Resolution No. 2007-96 confirming special tax rates for CFD No. 88-3. Adopted Resolution No. 2007-97 confirming special tax rates for CFD No. 95-1. Adopted Resolution No. 2007-98 confirming special tax rates for CFD No. 98-1. Adopted Resolution No. 2007-99 confirming special tax rates for CFD No. 2003- 1. Adopted Resolution No. 2007-100 confirming special tax rates for CFD No. 2003- 2. Adopted Resolution No. 2007-101 confirming special tax rates for CFD No. 2004- 3. Adopted Resolution No. 2007-102 confirming special tax rates for CFD No. 2005- 1. Adopted Resolution No. 2007-103 confirming special tax rates for CFD No. 2005- 2. Adopted Resolution No. 2007-104 confirming special tax rates for CFD No. 2005- 5. Adopted Resolution No. 2007-105 confirming special tax rates for CFD No. 2005- 6. Adopted Resolution No. 2007-106 confirming special tax rates for CFD No. 2006- 2. Adopted Resolution No. 2007-107 confirming special tax rates for CFD No. 2006- 4. Adopted Resolution No. 2007-108 confirming special tax rates for CFD No. 2006- 5. Adopted Resolution No. 2007-109 confirming special tax rates for CFD No. 2006- 8. Adopted Resolution No. 2007-110 confirming special tax rates for CFD No. 2006- 9. Adopted Resolution No. 2007-111 confirming special tax rates for CFD No. 2006- 10. 9. Authorized the expenditure of $107,750 for the purchase of five full size pickup trucks as described in the staff report. 10. Approved the reallocation of 33rd year CDBG Program Funds as outlined in the fiscal impact section of the staff report. 12. Authorized the contract amendment for the completion of the EIR for the WatersEdge project in an amount not to exceed $134,241. 4 13. Authorized the contract amendment for completion of the MND for the Wasson West project in an amount not to exceed $59,963. 14. Approved Road Maintenance Agreement with Riverside County and authorized the Mayor to execute the agreement. ITEMS PULLED FROM THE CONSENT CALENDAR 11. Award of contract - Parks Maintenance Mayor Magee stated that Staff was recommending that all bids be rejected and new bids be obtained. Shuntele Andrews, representing CTAI Pacific Greenscape, stated this company should be awarded this contract because they had the lowest bid. She stated the events that took place in chronological order. She asked the Council to reconsider the recommendation and not to send this contract out to re-bid. Stephanie Andrews, representing CT AI Pacific Greenscape, stated the square footage and the cost. She stated that staff's calculations were incorrect. She noted the bid with the discrepancies should be thrown out. She noted her company won the bid fairly and feels they are being treated unfair. City Attorney Leibold stated the issue was within the City's discretion to reject all bids and go out to obtain new ones. She stated there was some confusion and it would be at the City's discretion to re-bid. Council member Schiffner noted that the bid should be reviewed and a Staff report should be brought back with results before the bid is rejected. Council member Schiffner moved to make a substitute motion to further review the bid and still have the option to reject bid. Mayor Pro Tem Hickman inquired if CTAI Pacific Greenscape was currently doing any work for the City. Stephanie Andrews stated they did not currently have a contract with the City. She stated they do have contracts with other municipalities. Council member Kelley noted all the bids should be rejected and re-done. City Manager noted that the confusion was in the City's documents with regard to bids for a 3-year and 5-year agreement. Councilmember Schiffner's motion died due to lack of a second. 5 IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO REJECT ALL BIDS AND GO BACK OUT TO BID. PUBLIC HEARINGS 21. Resolution approvinq the Annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Liqhtinq District No. 1 as Annexation Area No. 19 (Makenna Court) pursuant to the Landscapinq and Lightinq Act of 1972 City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He noted the location of the development. He noted the annual cost per dwelling unit. Mayor Magee opened the public hearing at 7:38 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 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 assessments 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 purpose of a majority protest, only written protests were to be considered. There being none, Mayor Magee closed public hearing at 7:41 p.m. Mayor Magee directed Interim City Clerk Soto to tabulate the ballots and announce if a majority protest had been made. Interim City Clerk Soto tabulated the ballots and announced that a majority protest did not exist. IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-112 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. 6 22. Formation of CFD No. 2007-01 (Law Enforcement. Fire and Paramedic Services): call a special election, canvas election results: authorizinq levy of special taxes City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. Administrative Services Director Pressey gave an overview of the item. He noted that they were forming a new CFD to capture new development increase. He noted the location of the development. City Attorney Leibold announced that the notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Mayor Magee opened the public hearing at 7:42 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 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 assessments 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 purpose of a majority protest, only written protests were to be considered. There being none, Mayor Magee closed the public hearing at 7:44 p.m. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-113 APPROVING THE FORMATION OF THE DISTRICT. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-114 CALLING FOR A SPECIAL ELECTION. Mayor Magee directed Interim City Clerk Soto to tabulate the ballots and announce if two-thirds of the votes cast were in favor of levying the special tax. Interim City Clerk Soto tabulated the votes and announced that two-thirds of the votes cast were in favor. 7 IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2007-115 ORDERING CANVASSING OF ELECTION RESULTS. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER TO CONDUCT THE FIRST READING OF ORDINANCE NO. 1227, BY TITLE ONLY. ORDINANCE NO. 1227 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. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 23. Capital Improvement Proqram (CIP) for FY 2007-08 throuqhout 2011-12 Public Works Director Seumalo presented an overview of the item. He thanked Staff for their help. Mayor Magee opened the public hearing at 7:47 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:48 p.m. 8 IT WAS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-116 ADOPTING THE PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2007 -08 THROUGH 2011-12. 24. Summary vacation for roadway riaht-of-way known as Green Street Public Works Director Seumalo presented an overview of the item. He noted the location and Staffs recommendations. Mayor Magee opened the public hearing at 7:48 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:49. p.m. IT WAS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4-0 VOTE, WITH COUNCILMEMBER BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2007- 117 APPROVING THE SUMMARY VACATION OF GREEN STREET. 25. Summary street vacation for the riaht-of-way known as Crane Street Public Works Director Seumalo presented an overview of the item. He noted the location of the project. He noted that the vacation was to help private drive aisles. Mayor Magee opened the public hearing at 7:50 p.m Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all There being none, the public hearing was closed at 7:50 p.m. IT WAS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-0 VOTE, WITH COUNCILMEMBER BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2007- 118 APPROVNG THE SUMMARY VACATION FOR CRANE STREET. 9 26. Public Hearina on 2007 Justice Assistance Grant Mayor Magee invited Police Chief Fetherolf to the podium. Chief Fetherolf commented on the required public hearing for the City to receive funds from the federal government. He noted that the City qualified due to their population. He noted how the funds would be dispersed. He recommended the Council approve the item. Mayor Magee opened the public hearing at 7:52 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Council member Buckley returned at 7:52 p.m. There being none, Mayor Magee closed the public hearing at 7:52 p.m. IT WAS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE APPLICATION FOR JAG GRANT PROGRAM FUNDS OFFERED BY THE BUREAU OF JUSTICE ASSISTANCE. BUSINESS ITEMS 31. Second Readina - Ordinance No. 1224 - amendina and restatina Sections 17.40.080 C.. 17.44.070 C.. 17.48.080 C.. 17.52.090 C.. 17.56.100 C.. and 17.60.100 C. of the Lake Elsinore Municipal Code reaardina minimum on-site landscapina requirements in commercial and industrial districts IT WAS MOVED BY MAYOR PRO TEM HICKMAN SECONDED, BY COUNCILMEMBER BUCKLEY TO ADOPT ORDINANCE NO. 1224, UPON SECOND READING, BY TITLE ONLY. ORDINANCE NO. 1224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTIONS 17.40.080 C., 17.44.070 C., 17.48.080 C., 17.52.090 C., 17.54.090 C., 17.56.100 C., AND 17.60.100 C., OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MINIMUM ON-SITE LANDSCAPING REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL DISTRICTS 10 THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 32. Second Readina - Ordinance No. 1225 - describina the Redevelopment Aaency's proaram reaardina Eminent Domain pursuant to California Health and Safety Code Section 33342.7 IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1225, UPON SECOND READING, BY TITLE ONLY. ORDINANCE NO.1225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESCRIBING THE REDEVELOPMENT AGENCY'S PROGRAM REGARDING EMINENT DOMAIN PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTION 33342.7 THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 11 33. Sub-Committee recommendation for Public Safetv Advisory Commission appointments Chris Hyland commented she was unfairly treated by some City Officials. She stated she was writing a book about the City. She noted her involvement and concern for safety within the City. She noted she recently applied for the PSAC. She stated that Council member Schiffner was not professional or ethical in his mannerism during her interview. She commented on Nicole Dailey applying for the PSAC. Mayor Magee noted the PSAC sub-committee members. Mayor Pro Tem Hickman stated he awarded the two, four-year term positions to Nicole Dailey and Dennis Stewart. He noted their goals for the City. Councilmember Schiffner noted his two recommendations for the two-year term positions were Mike Norkin and AI Lyons. He noted their goals for the City. Councilmember Buckley stated that he willingly resigned from his position on the PSAC and there was not a conflict of interest. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPOINT SUB-COMMITTEE RECOMMENDATIONS NICOLE DAILEY AND DENNIS STEWART TO THE TWO FOUR YEAR APPOINTMENTS AND MIKE NORKIN AND AL LYONS TO THE TWO UNEXPIRED TERM APPOINTMENTS. Nicole Dailey introduced herself. She stated she was a long time resident and looked forward to the opportunity to work with the City. AI Lyons introduced himself. He thanked the Council for the appointment. He stated that he looked forward to working with the PSAC. Dennis Stewart introduced himself. He thanked the Council for the opportunity. He noted he looked forward to working with the City. 34. Residential Desion Review No. 2006-14 - Laino Homes Community Development Director Preisendanz presented an overview of the project. He stated the project was located within the East Lake Specific Plan. He stated the project consisted of 74 homes with six different models. Council member Kelley inquired about the color renderings. She indicated that the Plantation Model had been changed. She noted that she liked the exterior design. She commented on the side and rear elevations needing improvement. 12 She stated all elevations should comply with color renderings. She commented on changing the wording in the Conditions of Approval and eliminating parts of the paragraph. Councilmember Buckley indicated he was not in favor of the side and rear elevations. He inquired about the enhanced elevations. Community Development Director Preisendanz stated the enhanced elevations were in the public view. Council member Kelley stated all elevations should be enhanced. Brian Hardy of John Laing Homes, addressed the color renderings. He noted that the Plantation model had an optional front balcony. He stated that enhanced elevations were only required where visible from public view. He noted that enhanced elevations were at no additional cost to buyers. He noted that enhanced elevations on all four sides was not consistent throughout the City. He noted the increased amount it would cost for four-sided architecture. Council member Buckley noted the amount seemed high. He further noted he did not think it was unfair. Councilmember Schiffner moved to approve enhanced elevation on all four sides. Motion died due to lack of a second. Mayor Pro Tern Hickman inquired about enhancing homes and what was included. Brian Hardy stated what enhancements were included. Councilmember Kelley noted the project was in a nice location and it deserved all it could get. Mayor Magee noted that he appreciated the color renderings that staff had spent months reviewing. He noted he did not appreciate not being given adequate time to review the changes in color renderings. He stated he concurred with the Council members on raising the bar. Community Development Director Preisendanz stated that they would continue to raise the bar higher. 13 IT WAS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE, WITH SCHIFFNER ABSTAINING, TO ADOPT RESOLUTION NO. 2007-119 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). IT WAS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A 4-1 VOTE, WITH SCHIFFNER ABSTAINING, TO ADOPT RESOLUTION NO. 2007 -120 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-14 TO INCLUDE ENHACEMENTS ON ALL ELEVATIONS. 35. Residential DesiQn Review No. 2006-15 - LainQ Homes Community Development Director Preisendanz presented an overview of the project. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-121 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE, WITH SCHIFFNER ABSTAINING, TO ADOPT RESOLUTION NO. 2007-122 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-15 TO INCLUDE ENHANCEMENTS ON ALL ELEVATIONS. 36. Residential DesiQn Review No. 2006-16 - LainQ Homes Community Development Director Preisendanz presented an overview of the project. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4-1 VOTE, WITH SCHIFFNER ABSTAINING, TO ADOPT RESOLUTION NO. 2007-123 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). IT WAS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A 4-1 VOTE, WITH SCHIFFNER ABSTAINING, TO ADOPT RESOLUTION NO. 2007-124 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-16 TO INCLUDE ENHANCEMENTS ON ALL ELEVATIONS. 14 37. Extension of Time for Tentative Parcel Map No. 32127 for Condominium purposes Community Development Director Preisendanz noted the extension was due to the slowing of the economy and some engineering issues. He noted that Staff was requesting the City Council approve the request. Mayor Magee inquired about the effective date of the fees. Community Development Director Preisendanz indicated the fees would be effective when they commence. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-125 APPROVING THE REQUEST FOR AN EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 32127 FOR CONDOMINIUM PURPOSES FOR THIRTY-SIX MONTHS OR MARCH 8, 2010 BASED ON FINDINGS, EXHIBITS AND THE REVISED CONDITIONS OF APPROVAL. 38. Status of General Plan Update and Environmental Impact Report for the City of Lake Elsinore Community Development Director Preisendanz commented that the General Plan had been a long process. He reviewed Jones & Stokes timeline. He noted Staff belived the timeline was realistic. Mike Quirk, Elsinore West LLC, noted his project was delayed due to the General Plan Update. He asked Council to review update status. He stated he would like to see the General Plan done soon. Council member Buckley inquired why the project was 19 months behind. Brian Mooney, Jones & Stokes, indicated the first screen check was submitted in 2006. He noted that Staff had a change of direction at that time. He noted the General Plan now was much more detailed as it related to parcels. Council member Buckley inquired about the change in direction. Community Development Director Preisendanz stated a lot of the information in the General Plan was in the background study. He stated in order to provide a more user friendly document, they fused the background study with the General Plan. Brian Mooney stated they had to adhere to policies and procedures. 15 Council member Kelley noted she was not happy with the timeline. She noted development was getting held up and expressed the need to stick to the timeline with no further delays. Mayor Magee stated he received weekly emails and phone calls regarding the General Plan. He noted that a work product needed to be turned in by July 16, 2007. He directed Staff to come back to Council on July 24th with a report on the progress and status of this project. Brian Mooney stated his firm was in total compliance and they felt the same way. IT WAS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO REVIEW THE PROPOSED REVISED TIME LINE OF THE GENERAL PLAN PROVIDED BY JONES & STOKES. COUNCIL RECESSED AT 8:37 P.M. COUNCIL RECONVENED AT 8:40 P.M. PUBLIC COMMENTS No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Upcoming City events. 2) Suggested a date and time for a Joint Study Session with the Planning Commission. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. 16 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Concurrence to plan a Joint Study Session with the Planning Commission. 2) Congratulated Mr. Sapp on his retirement. Councilmember Schiffner commented on the following: 1) Wished Mr. Sapp happiness with his retirement. Mayor Pro Tern Hickman commented on the following: 1) Aquatic Lessons have started. 2) Rent and Property Tax rebate starts July 1st. 3) Be safe on the 4tH of July and enjoy the City Fireworks. 4) Complimented the new fence at the park. Councilmember Buckley commented on the following: No comments. Mayor Magee commented on the following: 1) Riverside County Transportation Commission - SB821 program Provides monies for pedestrian and bike trails. This year the Staff had been awarded $80,000 to install three different sidewalks as part of the "Children Safe to School Program". Mayor Magee adjourned the Regular City Council meytfhg a ATTEST: 16 ' \ J i C)0-( It Jz# MICHELLE SOTO INTERIM CITY CLERK 17 MINUTES CITY COUNCIL SPECIAL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 10, 2007 **************************************************************************************************** CALL TO ORDER - 4:30 P.M. The Special City Council Meeting was called to order by Mayor Magee at 4:30 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER KELLEY Also present were City Manager Brady, Deputy City Attorney Mann, Administrative Services Director Pressey, City Treasurer Weber, Community Development Director Preisendanz, Lake and Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Planning Manager Weiner and Administrative Specialist Dana Porche. PUBIC COMMENTS - 3 MINUTES There were no comments. CLOSED SESSION There were no closed session items. BUSINESS ITEM (1) Selection of Communitv Representative Juror for the Civic Center Desiqn Competition City Manager Brady explained the Civic Center Design competition. He indicated that a member from the community will need to be selected as a juror. Administrative Services Director Pressey commented on the e-mail applications that were received. 1 Mayor Magee indicated there were 16 applications for one juror opening. Council member Schiffner inquired on the procedure in which a juror was going to be chosen. He suggested Fred Dominguez, a former Council member, Mayor and resident of Lake Elsinore for over 40 years. Mayor Magee agreed to the suggestion. He stated that Mr. Dominguez has owned property on Main Street for many years, and also served on the Council and Planning Commission. Councilmember Buckley inquired if all applicants have been confirmed to be able to attend the three days of meetings. Administrative Services Director Pressey responded that not all have been confirmed. He indicated that the application clearly stated they would need to be available for the dates listed. Councilmember Buckley suggested an alternate person just in case. He stated his nominations were for Fairbanks, Fleming, Jimenez and Anderson. Mayor Pro Tem Hickman indicated his four nominations were for Fairbanks, Fleming, Polster and Snyder. Mayor Magee indicated that he concurred with selecting Mr. Fairbanks. Councilmember Schiffner indicated he would like Mr. Fairbanks as an alternate. Mayor Pro Tem Hickman indicated he also liked Jim Snyder. It was moved by Mayor Pro Tem Hickman, and seconded by Mayor Magee to name Daniel Fairbanks as the Community Representative Juror and Fred Dominguez as Alternate Juror. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER KELLEY ABSENT: NONE 2 Mayor Magee adjourned the special meeting at 4:44 p.m. ATTEST: l Ji;Lfi ~ Michelle Soto Interim City Clerk 3 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 10, 2007 **************************************************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 7:01 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER KELLEY Also present were: City Manager Brady, Assistant City Attorney Mann, Administrative Services Director Pressey, City Treasurer Weber, Community Development Director Preisendanz, Lake and Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Planning Manager Weiner and Administrative Specialist Dana Porche. CLOSED SESSION (5:00 P.M.) 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 Mayor Magee. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. 1 ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER KELLEY Also present were: City Manager Brady, City Attorney Mann, Administrative Services Director Pressey, City Treasurer Weber, Community Development Director Preisendanz, Lake and Aquatic Resource Director Kilroy, Information/Communications Manager Dennis, Planning Manager Weiner and Administrative Specialist Dana Porche. CLOSED SESSION None. PRESENTATION/CEREMONIALS A. Presentation - Civic Center Drawinq Contest Winners Mayor Magee commented on the Contest for K_6th grade students from local schools. He invited student David Murray to join him at the podium. He presented him with a Certificate of Recognition. Mrs. Murray thanked the Council for giving her son the opportunity to participate in the community contest. B. Presentation - 4th of July Boat Parade Winners Mayor Magee invited Lake & Aquatic Resources Director Kilroy up to the podium to discuss the 4th of July Boat Parade. Mr. Kilroy gave an overview of the event. He stated that approximately fifteen vessels participated. Mr. Kilroy stated all participants went home with a commemorative ribbon. He read the names of the 1st, 2nd and 3rd place winners. Thomas Eckhart thanked the City for allowing him to participate in this event. He encouraged more residents to participate. 2 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ken Hooton, Lake Elsinore, expressed his concern with speeding on Cedarhill Lane. He indicated the speeding was out of control. Annette Cross, Lake Elsinore, stated that she was having a problem with Code Enforcement on street sweeping day. She suggested having a Code Enforcement Officer travel in front of the sweeper to ticket violators. She indicated she would like to have an answer in writing. CONSENT CALENDAR ITEMS IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4-0 OF THOSE PRESENT VOTE APPROVE THE CONSENT CALENDAR. 1. Received and filed Investment Report May 2007. 2. Rejected claims for Douglas Rosenberg and SITL Investment, LLC. PUBLIC HEARINGS 21. Resolutions orderino Apportionments. approvina Preliminarv Amended Assessments. orderina hearinq and directina actions with respect to Northwest Sewer Assessment District No. 86-1. Series 1999 and Assessment District No. 93-1 (Canyon Hills) Mayor Magee opened the public hearing at 7:15 p.m. Administrative Services Director Pressey presented the staff report. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 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 assessments 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 purpose of a majority protest, only written protests were to be considered. There being none, Mayor Magee closed the public hearing at 7:16 p.m. Mayor Magee directed Administrative Specialist Porche to tabulate ballots and announce if a majority protest had been made. 3 Administrative Specialist Porche tabulated the ballots and announced that a majority protest did not exist. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4-0 VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-126 ORDERING THE MAKING OF AMENDED ASSESSMENTS. IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-0 VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-127 ORDERING THE MAKING OF AMENDED ASSESSMENTS. IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-0 VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-128 APPROVING PRELIMINARY AMENDED ASSESSMENTS. IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-0 VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007 -129 APPROVING PRELIMINARY AMENDED REASSESSMENT. 22. Citywide Liqhtinq & Landscapinq Maintenance District and the Landscape and Liqhtinq Maintenance District NO.1 for the Fiscal Year 2007-08 City Manager Brady commented on the item. He requested that Assistant City Attorney Mann announce the notice of the item. Assistant City Attorney Mann announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey presented the staff report. He indicated that Dennis Anderson of Harris & Associates, prepared the Engineers Report for both districts and was available to answer questions. Mayor Magee opened the public hearing at 7:17 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. 4 Mayor Magee inquired if there were any property owners subject to the proposed assessments 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 purpose of a majority protest, only written protests were to be considered. There being none, Mayor Magee closed the public hearing at 7:20 p.m. Mayor Magee directed Administrative Specialist Porche to tabulate ballots and announce if a majority protest had been made. Administrative Specialist Porche tabulated the ballots and announced that a majority protest had been made. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4-0 VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-130 SETTING THE FISCAL YEAR 2007-08 BENEFIT ASSESSMENT FOR THE CITYWIDE LLMD. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4-0 VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-131 SETTING THE FISCAL YEAR 2007-08 BENEFIT ASSESSMENT FOR LLMD NO.1. 23. Consideration of Tentative Tract Map No. 35348 for the Proiect Known as "Lake Elsinore Medical Plaza" Community Development Director Preisendanz presented the staff report. He stated the Planning Commission recommended that the City Council make findings that the project was exempt from the MSHCP. Mayor Magee opened the public hearing at 7:24 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:24 p.m. IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A VOTE OF 4-0 OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-132 MAKING FINDINGS OF CONSISTENCY WITH THE MSHCP. 5 IT WAS MOVED BY COUNCILMEBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A VOTE OF 4-0 OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-133 APPROVING TENTATIVE TRACT MAP NO. 35348. 24. Summary Vacation for Roadway Riqht-Of-Way Known as Flint Street Public Works Director Seumalo presented the staff report. Mayor Magee opened the public hearing at 7:24 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Mayor Magee closed the Public Hearing at 7:25 p.m. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A 4-0 VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2007-134 APPROVING THE SUMMARY VACATION OF FLINT STREET. BUSINESS ITEMS 31. Second Readino - Ordinance No. 1227 - actinq as the Leqislative Body of City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement. Fire and Paramedic Services) authorizino the levy of a special tax. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER TO ADOPT ORDINANCE NO. 1227, UPON SECOND READING, BY TITLE ONLY. ORDINANCE NO. 1227 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. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX 6 The following Roll Call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER KELLEY ABSTAIN: NONE 32. Commercial Desiqn Review No. 2006-18 for a Proposed Lonestar Steakhouse Restaurant Located at 18601 Dexter Avenue Mayor Magee stated Staff was requesting a continuance of the item until July 24t1l. Mayor Pro Tem Hickman commented that Council was not able to review the item prior to the meeting because of late submittal. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4-0 VOTE OF THOS PRESENT TO CONTINUE THIS ITEM TO THE JULY 24, 2007, CITY COUNCIL MEETING. COUNCIL RECESSED AT 7:29 P.M. COUNCIL RECONVENED AT 7:30 P.M. PUBLIC COMMENTS No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Introduced the Community Representative for the Civic Center Design Competition, Daniel Fairbanks and alternate Fred Dominguez. 2) Upcoming City events. CITY ATTORNEY COMMENTS No comments. 7 CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: 1) Dinner tickets for the Pirates Treasure Reverse Drawing. Mayor Pro Tern Hickman commented on the following: 1) Senior tax rebate. Councilmember Buckley commented on the following: 1) Recommended residents stop by the Cultural Center to view the submitted designs and kids designs for the Civic Center. 2) The top kids in each class would receive Storm Tickets. Mayor Magee commented on the following: 1) Cedarhill Lane would be added to the rotation for motor patrol after the death of a resident. 2) Residents on Cedarhill Lane needing help dealing with the impact of their neighbor's death, should contact Trauma Interventions Program of Southwest Riverside County who are available 24 hours. 3) Lake Elsinore Little League playing against Temecula for the Championship. 4) Storm pitcher took the mound at the All-Star game. R RT E. MAGEE, CITY OF LAKE ELSI // Mayor Magee adjourned the Regular City Council mee' g ,/ ATTJ 1 l / fheG ~ MICHELLE SOTO INTERIM CITY CLERK 8 MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 19, 2007 **************************************************************************************************** CALL TO ORDER The Special City Council Meeting was called to order by Mayor Magee at 5:02 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, MAGEE SCHIFFNER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady and Interim Clerk Soto. PUBLIC COMMENTS - 3 MINUTES No comments. CLOSED SESSION The City Manager stated the purpose of the Special Meeting was to discuss the following Closed Session item: a. PUBLIC EMPLOYEE APPOINTMENT (Gov't Code 954957) Title: City Clerk It was moved and seconded to recess to Closed Session at 5:02 p.m. The following vote resulted: AYES: NOES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEBER KELLEY COUNCILMEMBER SCHIFFNER NONE 1 ABSENT: NONE ABSTAIN: NONE The Special City Council Meeting was adjourned at 5:48 ATTEST: U ' " i./ .:.'} II / Li old) x fl~ MICHELLE SOTO INTERIM CITY CLERK 2 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 24,2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. Mayor Magee called the Regular City Council Meeting to order at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (B) of Gov't Code S 54956.9: (1 potential case) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (C) of Gov't Code S 54956.9: (1 potential case) City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. It was moved and seconded to recess to Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) Mayor Magee called the meeting back to order at 7:00 p.m. 1 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Jose Carvajal, LEUSD Communication Representative. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Public Works Manager Payne, Building & Safety Manager Chipman, Environmental Planner Worthy, Assistant Planner Carlson, Parks and Recreation Analyst Davis, Planning Intern Bitterolf, Police Chief Fetherolf, Fire Chief Hendershot and Interim City Clerk Soto. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that only item "A" was discussed and there was no reportable action. Item "B" was not discussed. PRESENTATION/CEREMONIALS A. Proclamation - Probation. Parole & Community Supervision Week Mayor Magee invited Mark Hake to join him at the podium. He read and presented the proclamation. Mark Hake noted it was a team effort. He thanked the Council for their support. B. Proclamation - Centennial Celebration of County Probation Department Mayor Magee invited Deputy Probation Officer Linda Fredrickson to join him at the podium. He read and presented the proclamation. 2 Linda Fredrickson noted they have been working in the community for six years. She stated the youth accountability team is a collaboration of departments. C. Certificate of Appreciation - Deputv Probation Officer II Linda Fredrickson D. Certificate of Appreciation - Sheriff Deputv David Flannery E. Certificate of Appreciation - Deputv District Attornev Elizabeth Behke F. Certificate of Appreciation - Youth Outreach Counselor Allison Trefrev Mayor Magee invited Linda Fredrickson, David Flannery, Elizabeth Behke, and Allison Trefrey to join him at the podium. Police Chief Fetherolf noted the hardwork of the VAT Team. He gave an overview of the program. Deputy District Attorney Raquel Marquez noted she has worked within the community for two years. She spoke of the dedication of the Y A T Team. G. Certificate of Appreciation - Valerie Sund Mayor Magee invited Valerie Sund up to join him at the podium. Mayor Magee noted the City's appreciation for her two years of service. Valerie Sund thanked the City Council and the Mayor for the opportunity to serve on the PSAC. She noted it was a pleasure to serve the community. H. Presentation - Chamber of Commerce Update Mayor Magee invited Glen Daigle up to the podium. Glen Daigle gave a Chamber update. He stated that the Chamber continues to grow. He gave some general announcements on upcoming Chamber events. He noted the Chamber website and noted the number of visitors to the site. He thanked the Council for their support. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Joyce Hohendadl, Lake Elsinore Citizen's Committee, indicated the committee is working on several community projects. She stated that the County has approved the historical site designation. She stated a Lake Elsinore Princess fund has been formed. 3 Donna Franson, resident, indicated she was happy to report the historical designation for the Lake Elsinore Princess. She noted that the approval has opened the doors for grants for County and State funds, for the preservation of history. She thanked everyone for their hardwork. CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS NOS. 1 THROUGH 10, AND 12 THROUGH 19. EXCLUSIVE OF CONSENT CALENDAR ITEM NO.11 1. Warrant list - June 28. 2007 Recommendation: Ratify. 2. Claim Aoainst the City - Verizon CMR Claims T.P.A. Recommendation: Reject claim. 3. Sidewalk Construction. Various Locations - Contract Award Recommendation: Authorize the transfer of $95,000 from In-Lieu Fees to the project. Authorize the transfer of $271,100 from Traffic Impact Fees to the project. Authorize the use of $194,000 of CDBG funds to the project. Authorize the use of $169,900 from SB-821 Bicycle and Pedestrian Facilities Program fund to the project. Award "Sidewalk Construction" project to E.G.N. Construction Inc. for the amount of $627,095. Authorize the Mayor to execute the contract with E.G.N. Construction Inc. 4. Participation with the pavino of Temescal Canyon Road at Lake Street Recommendation: Approve the use of Fund 605 In-Lieu funds for the construction of street improvements along Temescal Canyon Road at Lake Street. 5. Award Of Contract For Curb. Gutter And Sidewalk Maintenance Work Recommendation: Authorize the City Manager to execute a Maintenance Contract with NPG Corporation for curb, gutter and sidewalk maintenance services.consistent with the terms of the bid documents. 6. Award Of Contract For Street Maintenance Work Recommendation: Authorize the City Manager to execute a Maintenance Agreement with NPG Corporation for street maintenance services consistent with bid documents. 7. Participation With The Pavinq Of Pasadena Street Between Central Avenue And Crane Street 4 Recommendation: Approve the use of Fund 605 In-Lieu Funds for the construction of street improvements along Pasadena Street between Central Avenue and Crane Street. Authorize the City Manager to execute the agreement with NEAR-CAL Corporation. 8. Final Map No. 30494-6 - B.V. Enaineerina Recommendation: Approve Final Map No. 30494-6 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-6. 9. Final Map No. 30494-7 - B.V. Enqineerina Recommendation: Approve Final Map No. 30494-7 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-7. 10. Final Map No. 34231 - Halladav & Mim Mack, Inc. Recommendation: Approve Final Map No. 34231 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 34231. 11. Final Map No. 32077 - La Strada Partners. LLC. Recommendation: Approve Final Map No. 32077 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32077. 12. Traffic Sianal And Intersection Improvements At Grand Avenue And Orteaa Highwav (SR-74) - Chanqe Order NO.1 Recommendation: Approve Change Order NO.1 for $69,964.48 for R.J. Noble Company. Authorize the City Manager to execute Change Order NO.1 with R.J. Noble Company. 13. Resolution To Approve Placina Delinquent Refuse Bills On FY 2007-2008 Tax Roll Recommendation: Adopt Resolution No. 2007-135 for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties listed in the itemized reports in custody of the City Clerk's Office. 5 14. Amendment to the Animal Shelter JPA Aqreement Recommendation: Approve the Amended Joint Powers Authority (JPA) Agreement relating to the Southwest County Animal Shelter. 15. Aqreement And Escrow Instructions For Purchase And Sale Of Real Property Known As Property APN 375-350-016. -031 Recommendation: Approve the Agreement and Escrow Instruction for purchase and sale of real property in substantially the form attached in the staff report and authorize the Mayor to execute the agreement subject to minor modifications and in such final form as approved by the City Attorney. 16. Chanqe Proceedinqs For CFD 2006-1 (Summerly) Recommendation: Adopt Resolution No. 2007-136 of intention to annex certain property into Improvement Area No.1 of Community Facilities District No. 2006-1 (Summerly) and setting a Public Hearing for August 28,2007. 17. Resolution Approvinq A Deposit And Reimbursement Aqreement And A City Fee Deposit And Reimbursement Aqreement Recommendation: Adopt Resolution No. 2007-137 approving a Deposit and Reimbursement Agreement and a City Fee Deposit and Reimbursement Agreement. 18. Resolution To Approve Placement Of Weed Abatement Charqes On Property T ax Roll Recommendation: Adopt Resolution No. 2007-138 for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties listed in the itemized reports in custody of the City Clerk's Office. 19. Memorandum of Understandinq with United Public Employees of California, L1UNA Local 777. for Julv 1. 2007 to June 30. 2011 Recommendation: Approve Memorandum of Understanding. Mayor Magee indicated he received a letter requesting that Consent Calendar Item No. 11 be moved off-calendar. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to approve Consent Calendar Item Nos. 1 through 10 and 12 through 16, exclusive of Consent Calendar Item No. 11. 6 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS Mayor Magee stated that Public Hearing Item No. 23 will be moved to the end of the calendar, after Item No. 34. 21. COUNCIL APROVES TENTATIVE PARCEL MAP NO. 31996 AT 16503 MOUNTAIN STREET Community Development Director Preisendanz noted the location of the item. He stated that the Planning Commission unanimously recommends approval. City Attorney Leibold announced that notice had been published and proof of such publication is on file in the City Clerk's Office. Mayor Magee opened the Public Hearing at 7:21 p.m. Mayor Magee inquired if there was anyone wishing to speak on this item. There being none, Mayor Magee closed the Public Hearing at 7:22 p.m. It was moved by Councilmember Schiffner, and seconded by Council member Buckley to approve Tentative Parcel Map No. 31996. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE 7 ABSENT: NONE ABSTAIN: NONE 22. COUNCIL APPROVES RESOLUTIONS CONFIRMING THE AMENDED ASSESSMENTS AND DIRECTING ACTIONS WITH RESPECT THERETO NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 AND ASSESSMENT DISTRICT NO. 93-1 (CANYON HILLS) Mayor Magee opened the public hearing at 7:23 p.m. City Attorney Leibold announced that notice had been published and proof of such publication is on file in the City Clerk's Office. Administrative Services Director Pressey presented an overview of the item. He noted that there has been a split among parcels & reassessment of taxes needed to be add ressed. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:25 p.m. It was moved by Mayor Pro Tem Hickman, and seconded by Council member Schiffner to adopt Resolution No. 2007-140 to read as follows: A RESOLUTION OF THE CIYY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRELIMINARY AMENDED ASSESSMENTS, ORDERING HEARING AND DIRECTING ACTIONS WITH RESPECT THERETO NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 8 It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to adopt Resolution No. 2007-141 to read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRELIMINARY AMENDED ASSESSMETNES, ORDERING HEARING AND DIRECTING ACTIONS WITH RESPECT THERETO ASSESSMENT DISTRICT NO. 93-1 (CANYON HILLS) The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 23. Lake Elsinore Acquisition Process (LEAP) No. 2005-12 for a 9.09 Acre Commercially Zoned Parcel of Land Within the Alberhill Ranch Specific Plan Area This item was moved to the end of the calendar. BUSINESS ITEMS 31. COUNCIL APPROVES COMMERCIAL DESIGN REVIEW NO. 2006.18 FOR A PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE Community Development Director Preisendanz noted the location of the item. He stated that the Planning Commission unanimously recommends approval. It was moved by Councilmember Schiffner, and seconded by Councilmember Kelley to adopt Resolution No. 2007-143 to read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) 9 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Council member Kelley to adopt Resolution No. 2007-144 to read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-18 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Magee thanked the Staff for raising the bar on design elements. 32. COUNCIL APPROVES REQUEST FOR FUNDING OF SUMMER CONCERT SERIES SPONSORED BY THE ELSINORE VALLEY ARTS NETWORK IN THE AMONT OF $7,500 Barbara Middlebrook, Elsinore Valley Arts Network, thanked the Council for their grand consideration. She noted that currently donations have been low. City Manager Brady stated the City received a request for a donation from the EVAN. He stated the allocated revenue account can be utilized. 10 Council member Buckley inquired if the City provides any services to the Concert in the Park series. He stated that a one time grant may be appropriate. Council member Schiffner moved approval for $10,000. Mayor Magee seconded the motion. Ruth Atkins stated that the total cost of putting on the concert is approximately $17,500. Mayor Pro Tern Hickman inquired how much funding is needed. Ruth Atkins stated how much would be needed. She stated that it is at the City Council's discretion. Council member Schiffner amended his motion to $7,500. Mayor Magee seconded the motion. Councilmember Kelley noted that it has been a successful event in the community for nine years. She stated she will always be an advocate for EVAN (Elsinore Valley Arts Network). She stated any amount the City approves is appreciated. Mayor Pro Tern Hickman stated he is in support of the concert series. He stated next year, they should request funding come to the Council before the budget is prepared. It was moved by Councilmember Schiffner, and seconded by Mayor Magee to authorize the use of unallocated revenues in the amount of $7,500 for sponsorship of the EVAN (Elsinore Valley Arts Network) summer concert series known as "music with a view." The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 11 33. COUNCIL RECEIVES AND FILES STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF LAKE ELSINORE Community Development Director Preisendanz reported on June 26, 2007, the Council directed Staff to give a General Plan update. He noted the General Plan update screen Check 3 has been received. He stated that they are moving forward on the timeline. Council member Buckley inquired if an update can be made monthly. Mayor Magee stated that this will be placed on the Consent Calendar. 34. COUNCIL RECEIVES AND FILES REPORT ON RAILROAD CANYON ROAD/I- 15 INTERCHANGE Public Works Director Seumalo noted the steps to be taken going forward. He stated they are between Steps 1 and 2. Council member Buckley commented on the length of time the project has taken. Public Works Director Seumalo responded the project design team will meet in August. He stated the ultimate approval is given by Federal Highway Administration. Councilmember Schiffner inquired if the configuration included a connection at Malaga Road. Public Works Director Seumalo responded there is no connection to the freeway, however, there is a proposed over crossing. Mayor Magee requested Mr. Seumalo come back on the first meeting in September with updates. COUNCIL RECESSED AT 7:45 P.M. COUNCIL RECONVENED AT 8:10 P.M. 23. COUNCIL APPROVES THE LAKE ELSINORE ACQUISITION PROCESS (LEAP) NO. 2005-12 FOR A 9.09 ACRE COMMERCIALLY ZONED PARCEL OF LAND WITHIN THE ALBERHILL RANCH SPECIFIC PLAN AREA Mayor Magee opened the public hearing at 8:10 p.m. Community Development Director Preisendanz indicated the item was a nine acre LEAP process. He noted the Planning Commission vote unanimously to recommend that the City Council find the project is consistent with the MSHCP. 12 Stephen Miles introduced Scott Thayer, Vice President of Commercial Properties at Castle & Cooke. Scott Thayer, Vice President of Commercial Properties at Castle & Cooke, stated "they had hoped Council would find that their LEAP application is consistent with the MSHCP. We are not here to present the Council with a development plan, however; the property is at the northern gateway to the center and it is included in our master plan for the area. City staff and I originally envisioned we would come together hand-in-hand with the project, however; unfortunately, we have not been able to accomplish that. This is why we are here. City staff supported our LEAP application and argued our case before the RCA in a meet and confer session. Soon after that session, staff had since asked for a larger conservation area than what we were proposing. On August 18, 2006, I received a letter from the City that indicated that the RCA would accept mitigation land that was biologically equivalent to the area in question on the 9.09 acre property. So it would appear that staff and the RCA could find our application consistent with the MSHCP if we agreed to provide equivalent land elsewhere. But why? We took time to have two biologists investigate the property, both in which found no targeted birds or the habitats to support them. On February 15t in a letter to Rolfe Preisendanz, he was told of our biologist's findings and asked that they meet to try to resolve our differences. We had a number of meetings with staff and the City Attorney's office, but were unable to resolve our differences. Again, there were no targeted species, no habitats to support them, our corridor is biologically derived, unlike some method of coming up with 264 down to 250 and ending up a 175 foot corridor suggested by staff. There is also a print transportation overlay. There was a Habitat Acquisition Negotiation System processed on the other side of the freeway. Lands have been acquired and others are in negotiations, which in place, will be within that 75% to 85% targeted range. I also wanted to point out that the premise of the presentation was made with factual data and professional findings." He indicated at a previous meeting held in February, Mayor Magee had mentioned the City's targeted range for the plan was 4,830 acres to 7,870 acres. He noted of that range, the exempted property, whatever conservation range was specified for those properties, the range was in the 4,830 to 7,870. He noted that it would make sense that, because the property is exempted, to take out that amount of acreage and subtract it from the range to come up with a new range. He commented that the staff report indicated 2,518 acres, plus another 893 acres that is on its way. He indicated that he did not believe that it took into consideration some of the other properties that have gone through the HANS process and some others. Steven Miles, Miles Law Group on behalf of Castle & Cooke, stated "he would like to address eight points with respect to the supplemental information that was presented in the staff report, different than what was deliberated on at the Planning Commission. I understand that the resolution is framed and that the recommendation is to approve the resolution that would approve the Castle & 13 Cooke proposal for LEAP 2005-12. Unfortunately, some of the supplemental information in the Staff report, takes a negative view on that ruling and motion by the Planning Commission. He wanted to be sure to address that information, so that the record is reflective of the information that they feel is accurate and will show that the Council can properly exercise their discretion and find the 2005-12 LEAP is consistent with MSHCP. Staring with Cell Group J, I want to address some of the new information in the supplemental Staff report. The Staff report asserts that to date, there are 300 acres that has been conserved in Cell Group J, which is about 15-16% of the cell group. Previously, we had offered that approximately 71 % is in conservation and again it is somewhat of a difficult standard to figure out if acquired. You will see here that it is basically the same thing. When the staff report says 300 acres it isn't taking into consideration the 1,000 acres that will be conserved as a kind of a remainder properties associated with the village entitlement. This Council may recollect that was all in one holding it was bifurcated and the village was entitled. So, with that acreage and the acreage here, that is actually in escrow, some of the details, we have got some mixed signals in the Staff report. Bottom line is that for the analysis of whether this project is consistent with Cell Group J, you need to ask yourself one question, with the entitlement of this nine acre site, would that preclude the City Council from meeting its' conservation goals for Cell Group J and certainly the entitlement of nine acres. Two acres of which will go to conservation would not preclude you from meeting the seventy-five (75%) to eighty-five (85)% percent conservation target in the north and western portion of Cell Group J. That is essentially, the Cell Group J analysis, I would like to submit this. Turning to on- site biological conditions, the Staff report indicated that in criteria based plan such as the MSHCP the on-site biological conditions are not a sole basis for which to make consistency determinations and certainly there is no overriding of cell criteria here with respect to biology. You are going to hear from Jack Turner a little bit later on the biology. Again we are showing that we have consistency and biology is really more of a factor that will go into a determination of what is an appropriate width for a linkage or a constrained linkage. The supplemental Staff report addressed the settlement agreement with Castle & Cooke and specifically the Staff report states that with regard to the Castle & Cooke settlement agreement properties, the City, as a permitee, cannot take actions that further restrict and degrade the function of the Temescal wash based upon the MSHCP inapplicability to certain other off site properties. The question Castle & Cooke would pose is how is the proposed enhancement of approximately two acres along the Temescal wash with an average of one hundred twenty-five (125) feet, how is that enhancement something that would further restrict or degrade the functions of Temescal wash. This is an enhancement project. The Staff report then talks about an assumption that there is an off set or lost acreage associated with the settlement agreement. As Mr. Thayer noted, I don't think there is any lost acreage with respect to the settlement agreement. There are eighteen (18) cells that are affected by the settlement agreement and this is something that needs to eventually be modified to reflect the legal effect of the settlement agreement. We have previously submitted evidence on other projects both HANS projects with respect to wildlife corridors. Specifically, at Park West 14 HANS, illustrates there can be a deviation from the low range of cell criteria. In that instance, the HANS had a criteria analysis required fifty (50) to sixty (60) percent conservation. The ultimate conservation was twenty-eight (28) percent with respect to some of the examples of wildlife corridors, we provided an example, Strawberry Farms. The Staff report questioned whether there was any relevance to that because there was no understanding to whether Strawberry Farms, criteria based plan if it had any application. Strawberry Farms was under the NCCP was one of the premier permits under that program. The NCCP is a HCP of sorts and those conservation guidelines are actually in some areas integrated into the MSHCP. There is some discussion about covered activities and we just want to point out that this project does have an overlay for covered activities for transportation. Almost the entire site is covered. And again, we are not saying that covered activity is the result in any exemption of the MSHCP, but in terms of applying cell criteria if we are going to be debating about whether or not Cell Group I criteria should apply to Cell Group J. This is the reason why that is not accurate. When the cell criteria was established for Cell Group J, clearly this transportation project was known at that time and that is why Cell Group J does not have a focus on establishing a conservation width for a constrained linkage. To point out a response to comments in the EIR to the MSHCP, on the issue of linkages, this is response J4-10, 'the dimensions of linkages as well as other components of the additional reserve lands, provided their interpretation of the criteria as development and reserve assembly preceded, width and length of linkages are specifically not prescribed in the MSHCP to allow flexibility and reserve assembly and to benefit from property specific information anticipated to become available during the long term MSHCP implementation process.' That is what we have right now. We have project specific information and biology that you will hear a little bit more about, and it is on that information that we have established a one-hundred twenty-five foot average width for the linkage. The RCA letter that was submitted to you does go into again it, concludes that the minimum width of the connection that was analyzed within the project area was approximately two-hundred fifty (250) feet. There is really no discussion about how that was derived. I think that we all know in the record that it was derived from an application, a formula from Cell Group I criteria. Again, that analysis was done with the wrong cell group criteria and without property specific information. I would like to finish quickly with the meet and confer process. I know that there has been some discussion about what will occur after this body makes a decision. I would point out that there are two distinct dispute resolution procedures in the MSHCP. One is in Section 6.1.1 of the MSHCP, one is in 6.6.2. The latter is the JPR section of the MSHCP. The former is the LEAP or the HANS procedure of the MSHCP. Here you will see that this is coming from the JPR provisions, it states that, 'this process shall not in any way limit the permitee's local land use authority, prevent a permitee from approving a project or change the provisions of the HANS process described in Section 6.1.1'. In Section 6.1.1 which is the LEAP and HANS process, there is a provision related to a discretionary dispute resolution process that the property owner can initiate. I would like to offer to this Council, that the meet and confer process which isereally a timely process, it is supposed to happen early on fourteen (14) days, 15 thirty (30) days, thirty (30) days, fourteen (14) days, that is from application. It is a staff level dispute resolution process it is between RCA Staff and the permitee's designee. So in contrast, the dispute resolution provisions in the HANS or LEAP procedures are for the property owner, if there is a dispute between the property owner and the City. The point for the ADR dispute resolution provisions in the HANS and LEAP procedures is that it is a discretionary process. It states 'that in order to address in a fair and consistent manner disputes which may arise concerning MSHCP conservation criteria', which is what we are talking about today, 'conflict resolution may be initiated by the property owner or the City and allow a neutral third party to assist in resolving the disputes.' I would apply that it is a discretionary action available to the property owner. I would also offer that an ad-hoc committee procedure, where you bifurcate City Council review, go to ad- hoc, then bring back to this body, is a futile effort, it's redundant and it's within your discretion not to partake in that effort. With that I would like to turn this over to Dr. Jack Turner, if you have any questions I am available." Dr. Jack Turner, professor at Sam Houston State University in Huntsville, Texas, stated "for the last year, I have been on sabbatical leave here in Southern California working on a number of projects. I teach in the area of wildlife ecology and conservation. I have a number of graduate students who work in that general area as well as other teaching areas. I am also representing Felipe Vern, another biologist who worked with me on this project. I have been associated with this project for last two seasons as the biologist, shortly after it was acquired by Castle & Cooke. You have my declaration, a transcript of my comments, and you also have a resume of my teaching and research activity. I don't really wish to talk at considerable length because I don't have the time, but, by the same token I wish to make a couple of points as summary statements. First of all, the corridor that this promotes is an avian flyaway; it is not for mammals, not for grizzly bears, not for prong horned antelope or deer, it's for birds. The MSHCP biology describes this corridor in error in the sense that it has none of the planning species it alleges to be there. Not only does it not have any of the planning species, it has none of their habitat, as such, there are no birds. The site is a monotypic stand. Monotypic referring to the fact that it is a single type of tree, about ninety-five (95%) percent eucalyptus and it is interesting the MSHCP has the eucalyptus tree on its' hit list, as trees not to invade if you wish or have within conservation areas. The proposed corridor, at least weighs at one end, is even larger than what is suggested by the MSHCP. It is four-hundred (400) feet. It tapers down to seventy-five (75) feet at the far end and it has an average diameter of one-hundred twenty-five (125) feet width. All of this for a stream of six (6) feet or so. The corridor as proposed will work. I have provided at least two examples one of which is in the Temescal wash. You have to understand that regardless of political standing, political documents or political attitude, the birds will still do what they damn well please and if they want to fly in an area that looks happy to them it will work. Indeed it has worked in two other areas that have much smaller corridors. What you are looking at is a vote of one-hundred seventy-five (175) feet of unimproved habitat eucalyptus trees that have not yet produced any birds or the planning species or one-hundred twenty-five (125) feet 16 average of quality habitat with great probability of attracting the planning species. It essentially is a qualitative verses a quantitative decision. From a scientific perspective, the qualitative perspective is always the better choice. I am available for any questions." Mr. Edward Sauls stated "there is a debate about the substance of what's to be conserved and not to be conserved and I am not going to weigh in on that. It's not my job, and I don't care. But I do care about though is integrity of process and here's why. I personally own property that is reliant on this MSHCP for permit. I went through a prescribed process. The rules are kind of spelled out. In addition, I worked with about eight to ten other property owners who have also relied on this process. Some have conserved their properties, some have benefited from about $23 million dollars in funding that I think would not have come to the table otherwise. Some have been able to permit maybe about thirty- five-hundred (3,500) dwelling units being approved. They are dependent upon the permits if they have gone through this process. So, how do you respect the process as I understand it. You would take whatever action you are going to take tonight, decide that it is consistent or not, and go from here to ad-hoc. I have no debate at all with this team over here about what they have shared with you this evening. Mr. Miles might be right in that it may be a futile process to go through to ad-hoc, but it is the process that this plan spells out. You have told your peers in Western Riverside County that you would adhere to. You have told me that I must go through and so I would just simply ask that you take action this evening that whatever you do goes to this ad-hoc committee, futile that it might be, so that we maintain integrity process. I am available for any questions." Mayor Magee inquired if there was anyone wishing to speak in favor or against this item. He invited Mr. Uhlry to the podium. Dan Uhlry, resident, stated "I was born in the area. Went to the grammar school there, right where the bridge goes underneath Temescal Canyon. It's been there forever, flooded. It used to flood all the time on the right hand side, which would be the north side. As far as habitat, if it flooded, we had frogs; if it was a dry year, there was nothing. I can't understand why they are so picky on this and yet across what is now Lake Street, which never used to be there when I lived there, they have Wyrock who is tearing down a whole mountain and they are worried about this little piece. I think the County, with their MSHCP, which we struggled, struggled and struggled with, finally reluctantly accepted and now I think the County has a big whip and they can tell everyone what to do. I think this is totally out of line. They already have 22% in this project that is dedicated in their proposal. I think the County just wants to play big daddy or something. I don't know. I am in favor of their project and I do not understand what WRCOG or whoever it is handling the MSHCP is trying to do here. I think it is a test case to see what they can get away with. I think this City should stand up as they did before and say hey wait a minute, and you should just approve this project as presented." 17 Mayor Magee inquired if there was anyone else wishing to speak. Mayor Magee questioned Community Development Director Preisendanz regarding the PowerPoint presentation made to the Planning Commission. He stated that it shows a 175 foot swath through the property, this is your compromised width. On the east side of Lake Street as it goes to Wyrock, between Wyrock and the County MSHCP land is there one-hundred seventy-five (175) feet of dedicated area? Community Development Director Preisendanz responded that he is not sure if there is one-hundred seventy-five (175) feet there. He noted this will be an assemblage of a linkage that is for a Master Plan for the MSHCP and this area would need to be dedicated with one-hundred seventy-five (175) feet. Mayor Magee inquired from Lake Street upstream, or east until it gets past Wyrock, is one-hundred seventy-five (175) feet presently of habitat. Community Development Director Preisendanz responded there was not 175 feet of habitat. Mayor Magee then stated that Mr. Thayer brought up an interesting point that perhaps the exempt property inside Castle & Cooke would then bring down the City's net acreage requirement. He inquired if the City is at thirty-four hundred (3,400) acres presently, has the City potentially hit its mark. Community Development Director Preisendanz stated they are currently working with the RCA to look at that settlement agreement area in order to reduce that acreage, and are working with them now to find other areas to make up that property. Mayor Magee stated that he has a couple of questions for the RCA Staff. He inquired about the Temescal Canyon Road extension that Supervisor Buster is proposing on the east side of the 15 Freeway. He stated this extension will go through two major floodways, a habitat much richer than what we see here, with oak trees and some real rafters, including the longhorn sheep are in the area. He inquired if Mr. Mullens group was involved in designating an area, are they purchasing property, and is there a linkage corridor there. Tom Mullen indicated that it has not been brought to them and if they don't have it, they cannot comment. Mayor Magee stated that Director of Transportation Mr. Perez has been showing these drawings since February of 2006 and is not sure, at what point, the agency would be involved. He stated that he hoped their agency would be consistent in their action. 18 Mr. Mullen stated that if it is in the General Plan today, than it is a covered activity. If it is not, then it's probably not covered. Mayor Magee inquired which of their staff members spent time walking and observing the biological activities on the site. Joe Monaco commented that it is the RCA's policy not to go out and do site inspections. He stated they typically do not get right of entry to do that. He stated that their review is based on determinations of permittee staff. They use the information that is provided to them. He stated that in this particular case, they have viewed the property from public roads, but have not gone on the site without permission. Mayor Magee inquired if RCA staff has ever asked for permission to physically been on the site. Mr. Monaco responded that they have not requested permission, they rely on information the City Staff provides. Mayor Magee stated that on May 22, 2006, both the Fish and Wildlife Service and Fish and Game wrote a letter indicating that the entire site should be acquired or purchased for conservation. He inquired if Mr. Monaco's agency tendered an offer to purchase the property to the property owner. Mr. Monaco stated that they disagreed with the wildlife agency's determination in that particular case. He stated that the JPR was submitted, the RCA doesn't look at alternative conservation scenarios, they look at consistency based on the information provided. He stated they made a determination of inconsistency, the wildlife agency then has ten (10) days to review the comments and findings, then provide their own comments. He stated that their comment back was that their belief was that the entire site was described for conservation. He stated that it is an important point relative to the comments made about Cell Group J in the amount of acreage being committed to conservation. He stated what is also important for the MSHCP is not to just hit acreage targets, but to also assemble a reserve and a configuration that provides for long term conservation of the species. He stated that they did not necessarily agree that the entire site was needed for conservation. He stated that in the meet and confer, they looked for solutions, that's when they offered if the 1.4 acre portion between the conserved area and the freeway were to be included, then that would significantly reduce fragmentation that would occur from development of that property. He stated it's not arbitrary, it's not about quantification, it's quality and in this particular case the concern was the quality of the habitat degraded over time. Mayor Magee questioned Steve Miles regarding Council finding in his favor and finds that the proposed corridor is consistent with the MSHCP, and asked if he and his client are prepared to indemnify the City against any future legal action. 19 Steve Miles responded the implementing agreement has been researched and the MOU that was executed between the County and the City, He indicated their opinion that proper indemnification is already in place for the City, and therefore, there is no need for another indemnification. Mayor Magee stated that the RCA will weigh in against the City. He inquired again will their client indemnify the City against future action. He stated that it's really a question of putting your money where your mouth is. Steve Miles responded that yes, they are okay with the indemnification. He stated that he didn't know if the RCA will be weighing in on litigating on this matter. He stated that they can talk about the realities of permit relocation. Mr. Tomlinson indicated that Castle & Cooke does not feel that the indemnification is required in this instance. He noted he would entertain having an indemnification and is curious if there has been indemnifications during LEAP processes in the past. City Attorney Leibold stated that in every other LEAP application, the application for MSHCP consistency has been coupled with an entitlement, in every case. A standard condition of approval in a City with respect to the entitlement is indemnity in connection with the approval or the action corresponding to the entitlement. She stated that theirs is the only case where there is a request or application for MSHCP consistency in a vacuum not coupled with an entitlement. There are no conditions of approval attached to an entitlement, so the request is consistent with every other action the City takes. Council member Kelley questioned Mr. Mullen regarding a letter received from him that stated should the City Council find this project inconsistent, that the RCA would look at the meet and confer process as a failure and it would institute the ad-hoc process. She requested that he comment on this. Ward Simmons, Attorney, indicated that the next step of the process, after a meet and confer, would be the ad-hoc committee. He indicated that this is the first application brought to ad-hoc. Council member Kelley inquired, if it is the intention of the RCA at this point, from looking at Mr. Mullen's letter, that is the way you would review. Mr. Simmons confirmed and stated that the chairman would have thirty (30) days in which to call a meeting or to appoint a committee, assuming it would probably take place in the first part of September. Councilmember Kelley inquired what the process was after a disagreement, should there be one. 20 Mr. Simmons stated the Fish & Wildlife Service and the Department of Fish & Game would weigh in. They would have the option of revoking or suspending part of the permit. He indicated that part of the implementing agreement lays out a process. After this process to meet and confer with the Fish & Wildlife Service, that would be the next step after the ad-hoc committee process. Council member Kelley inquired how the circumstances of the width were changed and for what reason. Environmental Planner Worthy responded there has been some misconception that the number was an arbitrary number. She stated that the one-hundred seventy-five (175) foot width was not based on a minimum width or a standard for the width of the linkage, but was based on site specific circumstances. It was based upon the dimensions of the site and included an assumption that development would be right up to the edge of the conserved area. She noted that the one-hundred seventy-five (175) foot approximation was scaled off from applicant submitted mass and is intended to include the strip of land between the wash and the 1-15 right-of-way. She stated that the primary biological factor that was considered in developing the proposed compromise was a reduction of edge effects that are anticipated to result from development being right up to both sides of the wash. She stated that the concept of edge effects is a common factor in configuring conservation areas, elimination of edge effects associated with development of the strip of property between the applicants proposed conservation area and the 1-15 would substantially increase the future viability of that linkage, as supported in reference literature in the MSHCP. She stated that the compromises from 100% down to two-hundred fifty (250) to two-hundred sixty (260) to considering on-site conditions and edge effects, results in conservation of the northern triangle, which just happen to end up being 175 ft. Council member Buckley stated Mr. Thayer indicated that staff originally supported the application. He inquired who on staff supported this and was there a policy decision in writing. Mr. Thayer responded this was at a RCA meeting with Rolfe Preisendanz, Wendy Worthy, Steve Miles, myself and Harvey Stozer attended and indicated that Mr. Preisendanz carried most of the support with some input from Wendy. Councilmember Buckley inquired if the villages have been entitled. Mr. Preisendanz confirmed they have not been entitled. Council member Buckley inquired, on the issue of the ad-hoc, if the applicant believes that time has past and it does not need to occur. Steve Miles responded "basically Section 6.6.2.E of the MSHCP is broken down into four sections. The introductory paragraph confirms that that process will not in any way will bind the local authority or the provisions of Section of 6.6.1. The 21 dispute resolution provision for the LEAP and HANS process which includes a 45 day initial review is in Section 6.1.1. It is really a timely process it is supposed to happen early on, fourteen (14) days, thirty (30) days, thirty (30) days, fourteen (14) days, which begins from submittal of application." Council member Buckley asked for either Mr. Thayer or the applicant's attorney respond to his question. Mr. Thayer responded "in the event staff and permittee representatives fail to resolve any outstanding issues regarding the project's compliance with the MSHCP, the matter shall be submitted to ad-hoc committee made of elected officials representing ReA and permitee." Council member Buckley inquired, on the issue of indemnification, would the RCA Board consider indemnifying the City if it in fact was involved in a legal dispute with the RCA Board. Mr. Mullin responded "if Castle & Cooke is an example, in this instance, were to sue the City for some action relating to the MSHCP that was taken, the RCA is obligated to indemnify you." Councilmember Buckley inquired of Mr. Mullin if he was a developer, how much money would he spend internally, and on external consultants, to attempt to partially to entitle a 1.4 acre piece of property that has to be accessed from some else's property. Mr. Mullin responded he ha no clue. Council member Buckley inquired of the City Attorney, if the Council needed to take an action to trigger Ad-Hoc. City Attorney Liebold responded the MSHCP contemplates Ad-Hoc when the City intends to move forward with a project that the RCA staff disagrees with in terms of consistency, unless there is some sort of negotiated agreement, to pursue an Ad-Hoc like procedure. Councilmember Buckley stated "the whole discussion may be made mute and a waste of time if and when the flood control widens the corridor beyond 75 ft. It is true that anything can be engineered to hold flood water, but is an extra two acres worth all the extra time and money with the channelization process. There is no actual project involved. A highly unusual circumstance, in fact, a unique one. There is also apparently a company proposal to shift the tennis style intersection, with Lake further south, more than making up the loss of 1.4 acres. To me, none of this quite adds up, two years of back and forth in expenses. So why do it? To me the issue here is not 1.2 acres and 17,000 sq.ft. of potential retail space. I believe the issue here is power. The power of Castle & Cooke to, in the future, essentially ignore staff, ignore planning guidelines, and ignore the 22 constraints that are placed on every other developer in the City. It is basic risk and reward. Worst case scenario out of this is that the company has to play by the rules like everyone else does. I implore the Council to see it for what is really is and not let your suspicion of the MSHCP cloud your judgment. It is not about two acres, it is about thousands of acres. This is not about different habitat interpretations, but about the integrity of the entire planning process. If this passes, we might as well let Castle & Cooke continue to keep on writing our City resolutions and staff reports as they submitted with this. The first time it has ever been done. So inappropriately, so brazenly, and to be honest, so insultingly. The issue also is about other developers who have played through the process. There are property rights involved here. We have more than one property owner in the City of Lake Elsinore. I would implore the City Council to be very careful about what this means. This is not about 17,000 sq.ft., not about an 1.2 acres accessible through someone else's' property. It is about power." Council member Schiffner indicated he was not really too concerned about the indemnity because he hoped whatever decision the City Council made, that it would be defensible and will be the correct one. He noted in all of the explanations he has been subject to, he found a great deal of ambiguity, a great deal of choices made that greatly affect the outcome of the final decision. He noted he has yet to find any definite information to show that the particular scenario shown by the developer, that he can find any reason that it was not inconsistent. Mayor Pro Tern Hickman indicated he feels the process is not broken. He stated there is no given project involved in front of the Council and MSHCP should buy the land or Castle & Cooke should bring it in front of us. He indicated he would air on the side of private property and support the Planning Commissions' decision. Mayor Magee stated "it was important to take a look to see how we got here. The MSHCP came before the City Council in January 13, 2004, with an all or nothing ultimatum from the Board of Supervisors, pass it, or we will pass you by, and you will get no Measure A transportation money. He noted rather a heavy handed approach to a City that was being tasked with donating more acreage than any other City in Western Riverside County. He stated on the other side of our County establishment and our neighboring cities urging our approval was one developer - Castle & Cooke who had just spent several months personally attacking a number of City Council candidates without ever verifying their facts, and without ever coming back on their accusations. He noted his very first City Council action was a difficult decision and after being promised all resource agencies would cooperate in the permitting process, and after reviewing over 800 pages of materials, and speaking with people that I have known for a very long time and both trust and respect, I made the decision to vote in favor of the MSHCP, subject to the following stipulations made by County Officials that night: 1) The County and the RCA would assist the City staffing help - no help came for the first two years, and the City was forced to hire its own specialist; 2) The 23 County and the RCA would help the City reach its acreage target number as quickly as possible and it would be at the lower end of the range and not the top - three and 12 years later, the City is not there yet; and 3) and most importantly, the City would maintain its autonomy with respect to land use decisions, and the City's ability to say "no" or to preserve the City economic viability, specifically when it came to commercial or industrial land uses which would generate revenue and create jobs. In September of last year, Tom Mullin spoke to representatives of the Riverside County Transportation Commission about the value and the need for the MSHCP. Mr. Mullin indicated the purpose of the MSHCP is to enable the City to provide infrastructure to the County in an expeditious manner as possible. He stated if the MSHCP does not enable the City to build the roads the City needs, we might as well abandon it. It was imperative that the City places the safety of our citizens ahead of bugs and bunnies. It is wrong and needs to stop. In the 31/2 years since this City passed the MSHCP, the TUMP Funds, those threatened to be withheld from the City if the City did not join the MSHCP, has only partially funded one traffic signal in this valley. He stated and now Castle & Cooke has placed us in this very uncomfortable position of making any decision absent of any development proposal. The RCA has already lined up in a letter stating that they are ready to convene a yet to be appointed ad-hoc committee. If the City finds for the applicant, they will inform the wildlife agencies of the City's action, and they may in turn deem the entire MSHCP out of compliance and suspend or revoke the coveted 10-A permit. This was not the last stand on Fiji. This is 1.4 acres of predominately non-native vegetation, next to a freeway off-ramp in Southern California which does not contain a single endangered or threatened species on it. I would like to recognize City staff and the Planning Commission and thank the applicant for their exhaustive amount of information. I walked the property from end-to-end, side-to side, explored the linkage opportunities to the east and west and even the opposite side of the freeway through a drainage conveyance. This site is clearly the least desirable habitat in the area. The linkage opportunities and their value cannot be denied, however, the widths of the linkage proposed by the RCA on our staff, in my opinion, are too broad. Castle & Cooke are proposing a 75' wide minimum habitat corridor. My observation at this site is that the wildlife, much as described by Dr. Turner, has been able to successfully traverse this tiny corridor for decades. I will not encourage this narrow passage again, and clearly there are areas in the exempt Pacific Clay property that must be maintained with corridors of several hundred feet. I believe in using the reasonable man standard that it is acceptable to grant the applicants request and find that it is in compliance with the MSHCP. I hope my colleagues in Riverside and on the ad-hoc committee will carefully take all of this testimony into consideration before they walk the site and render an opinion." It was moved by Mayor Magee, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-142 and moved that Castle & Cooke sign an indemnification agreement to indemnify the City from any and all actions generated in opposition to this finding. Resolution No. 2007-142 reads as follows: 24 A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS THAT THE PROJECT KNOWS AS LEAP 2005-12 FOR A 9.09 ACRE PROPERTY IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: COUNCILMEMBER BUCKLEY ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced an Affordable Housing Study Session on July 26th at 5:00 p.m. in the Cultural Center. 2) Announced the Elsinore Valley Arts Network Art Walk will be held on July 2ih at from 4-8:00 p.m. downtown Main Street. 3) Announced on July 28th, Cruz Nite 5-9:p.m. downtown Main Street 4) Announced on August 4th the Household Waste Management 9-2 on Langstaff adjacent to the City Yard 5) Announced the State of the City address will be held Thursday, August 23rd at the Diamond Club at 5:00 p.m. Tickets are $25 per person which includes a ticket to the baseball game. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS Not present. 25 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Requested the Study Session to discuss the Civic Center be held on August 30th at 5:00 p.m. Council member Schiffner commented on the following: No comments. Mayor Pro Tern Hickman commented on the following: 1) Announced on August 11th a blood drive will be held at the Diamond Stadium at 5:00 p.m. He stated they will also be looking for marrow donors. 2) Congratulated Mr. Ron Edwards who won $10,000 in the reverse raffle for the Chamber of Commerce. Councilmember Buckley commented on the following: 1 ) Suggested the Study Session for the Civic Center be called more appropriately a "community briefing of and by the community finalists." He also suggested having it before August 30th. He suggested having further discussion regarding the meeting. 2) He stated due to his action he calls on Cardinal Roger Mahoney to resign as Arch Bishop of the Los Angeles Dieses. He noted the recent settlement and arrest of Father Miller whom Mahoney went to the Supreme Court to protect his personal records which showed him consistently abusing children. He stated only the release of those records made his arrest possible. Mr. Mahoney is a destructive embarrassment to the Church and society in general. Mayor Magee commented on the following 1) Recognized City staff. He indicated the City Council voted on a four year contract which include a pay increases and increases in medical coverage. It is an example of this Councils' faith and commitment to the efforts of our staff. He stated Council greatly appreciates and values staff and glad staff was accepting of the four year contract. Mayor Magee adjourned the Regular City Council m~:~. ROBERT E. MAGEE, CITY OF LAKE ELSIN 26 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 14, 2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE - Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Community Development Director Preisendanz, City Treasurer Weber and Office Specialist Porche. CLOSED SESSION The following item was to be discussed during Closed Session: A. Public Employment - Gov't Code ~ 54957 Title: City Clerk It was moved and seconded to recess to Closed Session at 5:01 p.m. AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE 1 ABSTAIN: NONE RECONVENE IN PUBLIC SESSION - 7:00 P.M PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Community Development Director Preisendanz, Chief of Police Fetherolf, Fire Chief Hendershot, City Treasurer Weber and Office Specialist Porche. CLOSED SESSION REPORT City Attorney Leibold stated the City Council met in Closed Session to discuss one item of Public Employment under the authority of Government Code Section 54957 to discuss the employment of a new City Clerk. She indicated that there was no reportable action. PRESENTATION/CEREMONIALS A. Proclamation - EaQle Scout Mayor Magee called Brandon Ryan forward to join him at the podium. Mayor Magee read and presented the Proclamation to Brandon Ryan. Brandon Ryan thanked the City Council for the Proclamation. 2 B. Certificates of Recognition - District 28 Baseball Champions Mayor Magee called Brandon Ham forward to join him at the podium. Magee commented the City Council had the pleasure of recognizing the District 28, 9 and 10-year-olds, All Stars Champions. He noted it was the first time in the City's history that Lake Elsinore, at the 9 and 10-year old Division, had ever achieved that honor. Magee Magee read and presented the Certificates of Recognition to the players. Brandon Ham thanked the City Council for the recognition. He gave some background on their team stats. He thanked the coaches for their support. C. Business of the Quarter - Lake Elsinore Tire & Auto, Inc Mayor Magee called Mr. & Mrs. Robert Pollock forward to join him at the podium. Mayor Magee noted the Pollock's have been recognized as owning the Outstanding Business of the Quarter. He indicated Lake & Elsinore Tire & Auto, Inc. had been on Main Street for decades. He commented on how they were always willing to go the extra mile and help out someone in need. Robert Pollock thanked the City Council for the award. D. H.O.P.E. Update Mayor Magee called Ron Hewison forward to the podium. Ron Hewison gave some background on the H.O.P.E. Program. He noted the program currently assisted 135 senior citizens on a monthly basis. He indicated the program also worked with the School District to reach more needy families. He commented on the families and number of individuals the program was able to reach out to. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Pete Dawson noted the U.S. Coastguard provided a Safe Boating Class at the Police Station. He further commented on the condition of the military school. Chris Hyland requested on getting Machado Street to Riverside Drive be paved. 3 COUNCIL APPROVED CONSENT CALENDAR ITEM NOS. 1 THROUGH 12 AND 15 THROUGH 16. EXCLUSIVE OF ITEM NOS. 13 AND 14 The following items were listed on the Consent Calendar for Council approval: 1. Warrant List - July 16. 2007 Recommendation: Ratify. 2. Warrant List - July 31. 2007 Recommendation: Ratify. 3. Resolution revisinq and confirminq FlY 2007-08 special taxes for: CFD No. 2006- 10 (Riverlake Villas) Recommendation: Adopt Resolution No. 2007-145 repealing Resolution No. 2007-111 and confirming the special taxes for CFD 2006-10 for FY 2007-08. 4. Notice of Completion for Storm Drain Improvements alonq Chaney Street between Flint Street and Alberhill Creek Recommendation: Authorize the Mayor to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion for recordation. 5. Notice of Completion for Lincoln Street Park Recommendation: Authorize the Mayor to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion for recordation. 6. Notice of Completion for Interim Improvements at 1-15/Railroad Canyon Road Interchanqe Recommendation: Approve the transfer of $34,037.34 from Railroad Canyon Road Benefit District (#254) to I nterim Improvements at 1-15/Railroad Canyon Road Interchange. Authorize the Mayor to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion for recordation. 7. Notice of Completion for Siqnal and Intersection Improvements at Grand Avenue and Orteqa Hiqhway (SR-74) Recommendation: Approve the transfer of $15,962 from Measure "A" Funds to Traffic Signal and Intersection Improvements at Grand Avenue and Ortega Highway (SR-74). Authorize the Mayor to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion for recordation. 4 8. Final Map No. 30494-8 - SV. Enqineerinq Recommendation: Approve Final Map No. 30494-8 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to · accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-8. 9. Final Map No. 30494 - SV. Enqineerinq Recommendation: Approve Final Map No. 30494 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494. 10. Grant of Easement for the installation of Elsinore Valley Municipal Water District Facilities Recommendation: Authorize the Mayor to sign the Grant of Easement and allow Elsinore Valley Municipal Water District to file the Notice of Completion with the County Recorder's office for recordation. 11. Extra work charqes for enqineerinq desiqn services for boat launch facility rehabilitation proiect Recommendation: Approve extra work charges for engineering design services in the amount of $90,000 and approve $90,000 budget transfer from the General Fund to the Miscellaneous General Projects Fund. 12. Request for waiver to sell alcohol - Concerts in the Park Recommendation: Waive Lake Elsinore Municipal Code Sections 8.40.040 (A) and 9.28.030 and allow alcohol to be sold at the park on the concert dates. 13. Contract extension - Parks Maintenance Recommendation: Approve the contract extension with Greenscape Landscape, Inc. for park maintenance from July 1 through September 30, 2007 and authorize the increase of funds during this extension period. 14. Authorization for City Manaqer to enter into contract with Templeton Planninq Group to prepare CEQA compliance documents for the residential development proiect known as "Classic Pacific Courtyard Estates" Recommendation: Authorize the City Manager to enter into a contract with Templeton Planning Group to prepare the CEQA compliance documents for the Classic Pacific Courtyard Estates project in an amount not to exceed $74,250. 5 15. Amendment No. 1 to Lake Elsinore Comprehensive Water Management Aqreement Recommendation: Approve the First Amendment to the Lake Elsinore Comprehensive Water Management Agreement and authorize the Mayor to execute the First Amendment in such final form as approved by the City Attorney. 16. New copier lease with Innovative Document Solutions for Citywide usaqe Recommendation: Approve digital copier lease proposal. Authorize the City Manager to execute the 60 month Municipal Lease Agreements. Approve service proposal by Innovate Document Solutions and authorize the City Manager to execute the Service Agreement. Councilmember Kelley pulled Item Nos. 13 and 14. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to approve Consent Calendar Items No. 1 through 12 and 15 through 16, exclusive of Item Nos. 13 and 14. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 13. COUNCIL APPROVED. ITEM NO. 13. CONTRACT EXTENSION WITH GREENSCAPE LANDSCAPE. INC. FOR PARK MAINTENANCE FROM JULY 1 THROUGH OCTOBER 30. 2007 AND AUTHORIZED THE INCREASE OF FUNDS DURING THIS EXENSION It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to approve Consent Calendar Item No. 13 to include the term be extended until October 31, 2007, for the Parks Maintenance contract. 6 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 14. COUNCIL CONTINUED ITEM NO. 14 TO THE AUGUST 28. 2007. CITY COUNCIL MEETING It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to continue Item No. 14 to the August 28, 2007, City Council Meeting. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS 21. Annexation No. 79; General Plan Amendment No. 2007-01; Pre-Annexation Zone Chanqe No. 2007-01: Ramsqate Specific Plan No. 89-7. Sixth Revision (SPA6): Tentative Tract Map No. 32537; Tentative Tract Map No. 35422: and MitiQated NeQative Declaration No. 2007-01 Mayor Magee opened the Public Hearing at 7:21 p.m. Community Development Director Preisendanz indicated the project was referred to as Wasson West. He noted the project's location. He stated the Planning Commission unanimously recommended approval. 7 Mike Matthews, of lake Elsinore, thanked City staff for their help to try and mitigate the health and safety problems in his neighborhood. He noted since 2001, the altering of the natural topography and the construction of medium and high-density housing east of the 1-15 on Highway 74, there had been excessive water run off. He indicated the residents of the area were concerned the continuous run off would make its way into their property. He noted many of the residents in his neighborhood had been suffering from excessive mosquito bites and rashes. He stated he had contacted many County and City officials in an attempt to have the issues resolved. He asked for Council's support and understanding with the issues he presented. Mary Venerable, of lake Elsinore, inquired why the project was being discussed ahead of the Third Street annexation project. She noted her concern was in regard to road conditions. She commented it was her hope that further study be done before Council approved the item. Bernard Rockwood, of Lake Elsinore, noted that he lived in the area of the annexation. He commented he had hoped the developer would address the drainage problems. He stated he would like the area kept as horse property. Mayor Magee directed staff to address the issues presented. Community Development Director Preisendanz deferred to Kristine Zortman of the Shopoff Group. Kristine Zortman, Shopoff Group, responded based upon the CEQA document, the project was conditioned to provide mitigation measures for off-site traffic and drainage improvements. She noted there would be paving that would occur. She indicated all of their drainage would be taken care of onsite. Mayor Magee inquired if the City had a current builder and/or current developed project that was currently taking nuisance water offside and in turn inappropriately impacting the resident's property. Public Works Director Seumalo stated technically the answer would be no. He noted there were some irrigation issues they had identified with Fairfield and some gaps in the drainage that were not constructed appropriately to take care of the drainage. He noted there were issues that needed to be developed, but he felt that the system was not inappropriate. Councilmember Schiffner inquired if the development of the property would handle existing drainage issues. Public Works Director Seumalo indicated it was his belief the drainage would be vastly improved. 8 Councilmember Kelley inquired when the drainage issue from Fairfield would be handled. Public Works Director Seumalo responded he met initially with Centex Homes and spoke to their hydrologist and their engineer to identify potential issues. He indicated they had identified potential issues. Councilmember Kelley inquired about traffic in the project area. Public Works Director Seumalo stated the project in question had a traffic study conducted and Conditions of Approval had been developed that would pave specified surrounding roadways. Mayor Pro Tem Hickman inquired if most of the issues brought to the Council's attention were happening in the County. Public Works Director Seumalo confirmed. Mayor Pro Tem Hickman inquired if it would benefit the County homeowners to join the City. Mike Matthews indicated water from the Fairfield development and people washing their cars and doing other personal business was causing water to run off into their neighborhoods. Mayor Pro Tem Hickman inquired what could be done about the water run off. Public Works Director Seumalo responded the water in the street where Mr. Matthews lived comes from State Route 74. He noted the water in the street was being diverted onto Allan Street. He commented he was working with Caltrans to re-divert the water back on to State Route 74 and take it down Central Avenue. Mary Venerable noted she was aware of what Caltrans put the people through when the Albertson's Market was developed. She stated she would like to know if there was any way she could find out what was being planned for traffic flow in her area. She noted her concern with Third Street becoming the shortcut to avoid the signal at Dexter Avenue. Councilmember Buckley stated the Fairfield issue would need to be fixed. He inquired if there were many lots that were below 5,000 square feet. Community Development Director Preisendanz indicated there were approximately 10 lots below 5,000 square feet. He noted the average lot size was 5,900 square feet. 9 Kristine Zortman noted there were 27 lots below 5,000 square feet. She stated the lots ranged from 4,600 square feet up to 4,999 square feet. Councilmember Buckley indicated that with the elimination of five lots, the land could be re-distributed to the surrounding lots. He inquired if the applicant would be interested in eliminating Lot Nos. 20, 29, 37, 79 and 87. Kristine Zortman stated that before she could answer yes or no to that question, she wanted to point out that what they tried to do was create three different affordable niches for future residents in the community. She noted that it segmented them from a 6,000, 5,000 and 4,600 square foot lot and provided different sales prices for future home owners. She commented by decreasing some of the lot sizes, they were able to gain over five acres of park in the area. She indicated if they lost some of their lots, there would be a discussion in regard to decreasing the park size. She noted she did not believe they would be looking to change the segmentation of the project itself based upon the vision of where they were currently. Mayor Magee commented that Fairfield Homes was in front of the Council a few months prior asking for relief on a traffic related situation. He noted he would not be in favor of granting that relief based on what he had heard. He noted that Fairfield Homes needed to be dealt with and the issue needed to be corrected. He inquired if Supervisor Buster's office was of any help with the situation. Public Works Director Seumalo indicated that Supervisor Buster had not been involved. He noted staff had been working with Riverside County Flood Control. Mayor Magee stated the issue needed to be corrected. Mayor Magee commented on the lot size for Tentative Tract Map No. 35422. He noted he could not support the lot size. He explained he understood their desire to create a different market type, but he felt it was headed in the wrong direction. He noted he felt the lot sizes in the area should be 10,000 square feet to 12,000 square feet. Community Development Director Preisendanz noted the proposal was consistent with the Ramsgate Specific Plan and the future General Plan. Mayor Pro Tem Hickman indicated he supported the item. Mayor Pro Tem Hickman inquired on the timeframe for the project. Kristine Zortman responded the project was linked to the General Plan Update/EIR that the City was processing. She noted if everything went accordingly, grading would most likely happen in the 4th quarter of 2008 or the 1st quarter of 2009. 10 Councilmember Kelley noted she had an opportunity to look at the designs of the homes and the designs were compatible with the General Plan. She commented that the homes had distinctive features and she felt they were quite nice. She indicated she did not have a problem with the density, as long as the product quality was there. Councilmember Kelley indicated she had a problem with the Fairfield project. She commented she wanted staff to understand that the issues should be handled as a top priority and it needed to be taken care of. Mayor Magee closed the Public Hearing at 8:02 p.m. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-146 adopting Findings of Consistency with the MSHCP for the Wasson West project. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-147 adopting Mitigated Negative Declaration No. 2007-01 and the Mitigation Monitoring and Reporting Project appertaining thereto. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE 11 ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-148 approving General Plan Amendment No. 2007-01. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner waive further reading and introduce Ordinance No. 1228. ORDINANCE NO. 1228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGATE SPECIFIC PLAN NO. 89-1 SIXTH REVISION (SPA6) The following roll call vote resulted: AYES: MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: MAYOR MAGEE ABSENT: NONE ABSTAIN: COUNCILMEMBER BUCKLEY It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and introduce Ordinance No. 1229. 12 ORDINANCE NO. 1229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2007-01 The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-149 commencing proceedings to annex the territory designated as Annexation No. 79. The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-150 approving Tentative Tract Map No. 32537. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN 13 COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-151 approving Tentative Tract Map No. 35422. The following vote resulted: AYES: MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: MAYOR MAGEE COUNCILMEMBER BUCKLEY ABSENT: NONE ABSTAIN: NONE APPEALS 22. Consideration of an Appeal of the Planninq Commission decision to deny Uniform Siqn Proqram No. 2007-06 for the Alesco Development known as "Skvpark Automotive Center" Community Development Director Preisendanz indicated staff had requested the denial of the sign program. He stated staff had opposed the monument sign since they felt it was a traffic hazard. He noted staff was in support of the wall signs proposed. He indicated the Planning Commission denied the applicant's request based on staff's recommendation. Min Tran, Alesco Development, was not present when called forward to the podium for public comments. 14 Amanda Boyle, Tri-Works, commented that within the past two weeks, she had received notices to take down professional signs that were in the proximity of Corydon and through Mission Trail. She noted it had been difficult to promote their business in Lake Elsinore. She stated the sign was very important to their business. Les Young, Alesco Development, commented it was his understanding that their sign had been rejected since it did not take into consideration the design and architecture of the building. He indicated he had 24 tenants within the center and they were counting on traffic coming down Corydon. He noted that signs were needed to advertise their business to traffic. Councilmember Schiffner inquired if there was another location where the signs could be placed. Community Development Director Preisendanz indicated staff had advised the applicant to identify the center on Corydon and provide a directory inside the center. Councilmember Schiffner inquired if the permit could be approved excluding the monument sign. - Community Development Director Preisendanz stated the monument sign could be deleted from the sign program and taken as a separate item. He noted the architectural design of the sign was adequate. Councilmember Buckley indicated the wall signs were fine. He inquired on the City's policy for electronic reader signs or small video signs. Community Development Director Preisendanz indicated there had been some video signs that had been approved. Mayor Magee stated when he had spoken to the developer, the developer had advised him that staff had a problem with the size. He noted the concern was with respect to 24 individual advertisements on one sign. He suggested approving the balance of the plan and allowing the developer to work with their tenants on a creative and aesthetically pleasing sign copy for the monument itself. It was moved by Councilmember Schiffner, and seconded by Councilmember Hickman to approve the balance of the signs as they stand and require that the monument sign be brought back to the City Council for review and approval. 15 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: COUNCILMEMBER BUCKLEY ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS 31. Tobacco Retail Licensinq Zoninq Ordinance City Manager Brady commented on the item. He noted the ordinance was for consideration concerning the regulation and licensing of retail facilities that sell tobacco products. He indicated the ordinance was first adopted by the County of Riverside. He stated the ordinance was aimed at eliminating the sales of tobacco products to minors. - Councilmember Buckley inquired on the fee. City Attorney Leibold indicated the fee was to be established by resolution. It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to waive further reading and introduce Ordinance 1230. ORDINANCE NO. 1230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.46 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE LICENSURE OF TOBACCO RETAILERS The following vote resulted: AYES: NOES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NONE 16 ABSENT: NONE ABSTAIN: NONE 32. Commercial Desiqn Review No. 2006-17 - DPSS Administrative Office Buildinq Community Development Director Preisendanz gave a brief overview of the project. He noted Planning Commission approved the Conditional Use Permit and recommended approval of Mitigated Negative Declaration No. 2007-04 and Commercial Design Review No. 2006-17. Matthew Fagan, California Business Condos, requested Council's support of the project. He noted the Planning Commission unanimously approved the item. He thanked City staff for all of their help. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Kelley to waive further reading and adopt Resolution No. 2007-152 adopting Mitigated Negative Declaration No. 2007-04 and Mitigation Monitoring and Reporting Program. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-153 approving Commercial Design Review No. 2006-17. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER 17 NOES: NONE ABSENT: NONE ABSTAIN: NONE 33. Residential Design Review No. 2005-04 - Deleo Haqan Community Development Director Preisendanz indicated the item pertained to an 8-unit multi-family residential apartment project. He noted the project's location. He stated the Planning Commission unanimously approved the item. Councilmember Buckley inquired if the area was zoned for high density. Community Development Director Preisendanz confirmed the property was zoned for high density. Councilmember Buckley commented on the size of the apartment unit not being big enough. Community Development Director Preisendanz responded there were allowances for studio apartments which could range from 1,000 square feet. He further noted there was not a minimum requirement in regard to square footage. Councilmember Schiffner indicated he supported the project. It was moved by Councilmember Schiffner, and seconded by Mayor Magee to waive further reading and adopt Resolution No. 2007-154 adopting Findings of Consistency with the MSHCP. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 18 It was moved by Councilmember Schiffner, and seconded by Mayor Magee to adopt Resolution No. 2007-155 approving Residential Design Review No. 2005-04. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMEMBER BUCKLEY COUNCIL RECESSED AT 8:44 P.M. COUNCIL RECONVENED AT 8:45 P.M. PUBLIC COMMENTS Roger LeClerc stated he lived in the unincorporated part of Lake Elsinore. He indicated his property was going to be annexed by Wildomar at the next LAFCO meeting. He indicated he was looking for Council's help. He encouraged the City Council to contact LAFCO to inform them he was not interested in being annexed into Wildomar. Chris Hyland stated the Landscaping and Lighting District was formed in 1988. She commented on inconsistencies with fees. She noted checks were supposed to be issued to resident's paying a higher amount. She stated she had never received a check. She commented she had fought for many years for the landscaping around her track of homes to be kept up and well manicured. She noted the appearance of Tiller Lane. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Noted upcoming events. CITY ATTORNEY COMMENTS No comments. 19 CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Mayor's Reception for the Arts on September 28th. Councilmember Schiffner commented on the following: 1) Thanked everyone for attending the Council Meeting. Mayor Pro Tern Hickman commented on the following: 1) Property Tax Rebate for senior citizens. Councilmember Buckley commented on the following: 1) Commented on Mr. LeClerc's earlier comments and indicated he had not heard that Wildomar would be dropping out Sedco Hills. Mayor Magee commented on the following: 1) Paving on Grand Avenue between Machado Street and Riverside Drive. 2) Directed staff to send Code Enforcement to Tiller Lane to investigate the condition of the neighborhood. 3) Reminded staff of the Fairfield/Drainage issue. He indicated he would like to be kept informed of the progress made. 4) Commented that he shared Mr. Dawson's concerns regarding the military academy. He indicated he would be meeting with the property owners next week and would remind them about the need and desire of the community to maintain and rehabilitate the facility. 5) Trauma Intervention Programs would be holding their annual "Heroes with Hearts Program" on September 21st at 6 o'clock at the Pechanga ballroom. It was moved and seconded to adjourn to a regular meeting on August 28,2007, at 5:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. 20 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSENT: NONE Mayor Magee adjourned the meeting at 8:59 p.m. ATTEST: ~ /tfrc111 ;Jo Michelle Soto Interim City Clerk 21 MINUTES CITY COUNCIL SPECIAL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDA V, AUGUST 20, 2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Special City Council Meeting was called to order by Mayor Magee at 4:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold and Interim City Clerk Soto. CLOSED SESSION The following item was to be discussed during Closed Session: A. Public Employment - Gov't Code S 54957 Title: City Clerk It was moved and seconded to recess to Closed Session at 4:01 p.m. AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 1 It was moved and seconded to adjourn to a regular meeting on August 28, 2007, at 5:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSENT: NONE Mayor Magee adjourned the special meeting at 4:08 p.m. ~ ert E. Magee Mayor City of Lake Elsino e ATTEST: \ j;(lcML ~i Michelle Soto Interim City Clerk City of Lake Elsinore 2 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDA V, AUGUST 28, 2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: MA VOR MAGEE MA VOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY Also present were City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Community Development Director Preisendanz, Parks & Recreation Director Gonzales and Interim City Clerk Soto. CLOSED SESSION The following items were to be discussed during Closed Session: A. Public Employment - Gov't Code S 54957 Title: City Clerk B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code S 54956.9: (1 potential case) It was moved and seconded to recess to Closed Session at 5:01 p.m. AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE 1 ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE RECONVENE IN PUBLIC SESSION -7:00 P.M PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Community Development Director Preisendanz, Parks & Recreation Director Gonzales, Chief of Police Fetherolf, Fire Chief Hendershot and Interim City Clerk Soto. CLOSED SESSION REPORT City Attorney Leibold stated the City Council met in Closed Session to discuss two items. She noted the first item was Item "A", Public Employment under the authority of Government Code Section 54957 to discuss the employment of a new City Clerk. She noted there was no reportable action. She noted the second item was Item "B", Conference with Legal Counsel concerning one case of anticipated litigation under the authority of Government Code Section 54956.9 Subdivision "B". She noted there was no reportable action. PRESENTATION/CEREMONIALS A 1. Retirement Presentation - Gary Hoffarth Mayor Magee called Gary Hoffarth forward to join him at the podium. 2 Mayor Magee noted that after 19 years of service, Mr. Hoffarth was retiring. He gave background on Mr. Hoffarth and his previous employment history. Gary Hoffarth thanked everyone for their support. A. Proclamation - California Arts Dav Mayor Magee called Barbara Cady forward to join him at the podium. Mayor Magee read and presented the California Arts Day Proclamation to Ms. Cady. Barbara Cady, Elsinore Valley Arts Network, thanked the City Council for the recognition. She introduced several members of the Elsinore Valley Arts Network. She announced upcoming events the Elsinore Valley Arts Network would be hosting. B. Presentation - Planet Youth Mayor Magee called Delina Moreno of Planet Youth forward to the podium. Mary Jo Rameriz, Director of Planet Youth, noted their location and indicated they did a lot of community service projects. She introduced Youth Leaders at Planet Youth. She noted they worked with "at risk" kids. Delina Moreno, Planet Youth, presented a DVD of what occured at Planet Youth. Ms. Rameriz introduced members of her staff in the audience. C. Chamber of Commerce Update Mayor Magee called Rick Wrigler forward to the podium. Rick Wrigler, Director of the Chamber of Commerce, congratulated Mayor Magee on his outstanding State of the City Address. He encouraged residents to go to the Civic Center study session on September 20th. He noted the number of visitors to the Chamber's website and that they were pleased with the response to the website. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Edward Kotkin noted he represented Ibarra's Market. He indicated the owners of the market supported the Civic Center. He stated Ibarra's Market looked forward to expanding in the future and working with the City. 3 Chris Hyland, Lake Elsinore resident, commented on signs being placed in landscaping and lighting area around her track. She indicated she had researched City documents dating back to 1988 and could not find any documentation giving developers the right to put signs around her track. She noted these signs should not be placed on the landscaping surrounding her track. It was moved by Mayor Magee, seconded by Mayor Pro Tem Hickman to add Item No. 40 to the Business Items section of the agenda which would name Councilmember Buckley as the City's lead delegate at the California League of Cities Presentation. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL APPROVED CONSENT CALENDAR ITEM NOS. 1 THROUGH 7 The following items were listed on the Consent Calendar for Council approval: 1. Warrant List - AUQust 15. 2007 Recommendation: Ratify. 2. Claims aQainst the City Recommendation: Reject claims for Verizon CMR Claims T.P.A. (CL# 2007-8) and Lake Elsinore West Marina & RV Park (CL# 2007-3) 3. Status of the General Plan Update and Environmental Impact Report for the Citv of Lake Elsinore Recommendation: None. 4. Authorization for the City ManaQer to enter into contract with Templeton PlanninQ Group to prepare CEQA compliance documents for the residential development proiect known as "Classic Pacific Courtyard Estates" 4 Recommendation: Authorize the City Manger to enter into a contract with Templeton Planning Group to prepare the CEQA compliance documents for the Classic Pacific Courtyard Estates project in an amount not to exceed $74,250. 5. Adopt Resolution of Intention to establish Communitv Facilities District No. 2007- 4 (Makenna Court) and Resolution of Intention to incur bonded indebtedness Recommendation: Waive further reading and adopt Resolution of Intention No. 2007-156 to establish Community Facilities District No. 2007-4 (Makenna Court) and calling a Public Hearing for October 9, 2007. Waiver further reading and adopt Resolution of Intention No. 2007-157 to incur bonded indebtedness with proposed CFD No. 2007-4 (Makenna Court). 6. Approve Professional Services Aqreement with Harris & Associates for assessment enqineerinq and special tax consultinq services Recommendation: Approve the Professional Services Agreement with Harris & Associates and authorize the Mayor to execute the agreement in such final form as approved by the City Attorney. 7. Notice of Completion for "Citv Park" restaurant/restroom buildinq Recommendation: Authorize the Mayor to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion for recordation. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to approve Consent Calendar Item Nos. 1 through 7. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 5 PUBLIC HEARINGS 21. Resolution determininq the validity of prior proceedinqs relatinq to annexation of property into City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) Mayor Magee opened the public hearing at 7:28 p.m. City Manager Brady introduced the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey noted the item was a change to CFD 2006-1. He indicated the developer had requested a change in boundary for Improvement Area Nos. 1 and 2, specific to Parcel 8 of Tract Map No. 31920-1. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 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 assessments 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 purpose of a majority protest, only written protests were to be considered. There being none, Mayor Magee closed the public hearing at 7:27 p.m. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tern Hickman to waive further reading and adopt Resolution No. 2007 -158 determining the validity of prior proceedings. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE 6 ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-159 calling a special election. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Magee directed the City Clerk to tabulate the ballots and announce if two- thirds of the votes cast were in favor of levying the services special tax and special tax. Interim City Clerk Soto announced that two-thirds of the votes cast were in favor. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-160 ordering canvassing of the election results. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 7 BUSINESS ITEMS 31. Second readinQ - Ordinance No. 1228 - approvinQ RamsQate Specific Plan No. 89-1. sixth revision (SPA6) It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Ordinance 1228. ORDINANCE NO. 1228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGATE SPECIFIC PLAN NO. 89-1 SIXTH REVISION (SPA6) The following roll call vote resulted: AYES: MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: MAYOR MAGEE ABSENT: NONE ABSTAIN: NONE 32. Second readinQ - Ordinance No. 1229 - approvinQ Pre-Annexation Zone ChanQe No. 2007-1 It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Ordinance 1229. ORDINANCE NO. 1229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2007-01 8 The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 33. Second readinq - Ordinance No. 1230 - addinq Chapter 5.46 to the Lake Elsinore Municipal Code reqardinq the licensure of Tobacco Retailers It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Ordinance 1230. ORDINANCE NO. 1230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.46 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE LICENSURE OF TOBACCO RETAILERS The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 34. Response to 2006-07 Grand JUry Report: Elsinore Vallev Cemetery flood control City Manager Brady gave background on the flooding matter. He indicated the item was in response to the Grand Jury report. 9 City Manager Brady indicated staff had inspected and looked into the situation. He stated the City did not have the ability to improve the flood area due to jurisdiction. He noted the City had initiated meetings with other entities to get the issues resolved. It was moved by Councilmember Buckley, seconded by Mayor Pro Tem Hickman to approve the draft response to the Grand Jury Report. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 35. Consideration of Commercial Desiqn Review No. 2006-10 for the proiect known as "Lake Elsinore RV Resort" Community Development Director Preisendanz noted the applicant was requesting to remodel an existing facility. He commented on the amenities the resort would include. Councilmember Kelley commended the applicant on the facilities and amenities. She noted she was disappointed with the design of the building. She indicated she would like to add a Condition of Approval, prior to the issuance of the building permit, for the applicant to submit new elevation plans to the City Council within 60 days. She stated she only wanted to bring the best to the community. Councilmember Buckley inquired on the number of trees being cut down due to construction and the number of trees that would be put back up in their place. Fred Rice, lake Elsinore RV Resort, responded 200 trees would have to be removed. He indicated an estimated 1,400 new trees would be planted. He noted they would be putting a minimum of two trees per camp site. Councilmember Buckley inquired on the timeline for the project. Mr. Rice responded as soon as they had their approval, they would be able to pull their lenders together and submit their final plans for building permits. He 10 indicated they anticipated to start breaking ground in the next 90 days. It was moved by Councilmember Buckley, seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-161 making Findings of Consistency with the Multiple Species Habitat Conservation Plan. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Pro Tem Hickman commented he was excited about the project and he would like to see the project move forward. Mayor Magee indicated the developer was contractually obligated to complete the project by April 15, 2009. It was moved by Councilmember Kelley, seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007 -162 approving Commercial Design Review No. 2006-10 to include minor revisions to the design changes. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 11 36. Commercial Desiqn Review No. 2007-11 for a proposed "shell" retail buildinq and fast food restaurant with a drive-thru located at 29541 Central Avenue Community Development Director Preisendanz presented the staff report. He noted the project's location. He stated the Planning Commission unanimously recommended approval. Councilmember Buckley left the dais at 7:57 p.m. It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to waive further reading and adopt Resolution No. 2006-163 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to waive further reading and adopt Resolution No. 2007-164 approving Commercial Design Review No. 2007-11. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE 37. Extension of time for Tentative Parcel Map No. 32674 for condominium purposes (Riverlake Villas) 12 Community Development Director Preisendanz stated Tentative Parcel Map No. 32674 was approved by the City Council on August 9, 2005. He noted an extension of time was requested by the applicant for a period of 36 months or until August 9, 2010. He indicated two Conditions of Approval had been added due to the extension of time request. It was moved by Councilmember Schiffner, seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-165 approving the request for an extension of time for Tentative Parcel Map No. 32674 for condominium purposes for 36 months or until August 9, 2010, as allowed by the LEMC based on the findings, exhibits and the revised Conditions of Approval. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE Councilmember Buckley returned to the dais at 8:01 p.m. 38. Infrastructure and Facilities Reimbursement Aqreement City Manager Brady stated Toyota had agreed to purchase a 10-acre site that was currently vacant and located across from the existing Ford dealership on Auto Center Drive. He noted it was Toyota's intent to build a state-of-the-art dealership. He commented on the Sales Tax Sharing Agreement. He indicated Toyota had proposed to be operating by 2010. Kim Cousins, Chamber of Commerce President, stated he was in support of the Toyota dealership. He noted Toyota was among one of the top auto dealers. He commented Toyota would be a positive addition to the auto mall. Will Nicholas, Toyota Auto Sales, indicated Toyota was interested in establishing a facility in the area. He indicated that in order to make a return on their investment, Toyota was in need of a sales tax sharing agreement for six years. He commented on the unique benefits Toyota would bring to the City. He pointed out the new dealership would generate between 100-150 jobs. 13 It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to approve the proposed Infrastructure and Facilities Reimbursement Program with Toyota and direct staff to prepare an agreement for consideration by the City Council in September of 2007. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 39. City Clerk Emplovment Aqreement City Manager Brady presented the staff report. He noted the City Council made an offer to Vivian Munson. Mayor Magee called Vivian Munson to the podium. Vivian Munson introduced herself. She commented how excited she was and how she looked forward to working with the City Manager and City staff. It was moved by Councilmember Buckley, seconded Councilmember Kelley to approve the City Clerk Employment Agreement and authorize the mayor to execute the agreement. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 14 40. California Leaque of Cities - lead votinq deleqate David Wilman, California League of Cities, asked the City Council to take a formal position opposing Senate Bill 375. He noted SB375 was opposed by the League and local governments throughout the state. He requested a letter to be prepared by the Mayor stating Council's position. City Attorney Leibold indicated the City Council could not take action. It was moved by Councilmember Hickman, seconded by Mayor Magee to add Councilmember Buckley as the lead voting delegate for the California League of Cities. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSED AT 8:22 P.M. COUNCIL RECONVENED AT 8:25 P.M. PUBLIC COMMENTS There were no comments from the public. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Noted upcoming events. 2) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 15 CITY ATTORNEY COMMENTS 1) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 2) Congratulated Gary Hoffarth on his retirement. 3) Welcomed Toyota to the City. Councilmember Schiffner commented on the following: 1) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 2) Welcomed Toyota to the City. Mayor Pro Tem Hickman commented on the following: 1) Noted the Graffiti Ordinance was working. He indicated the individual who vandalized the bowling alley was caught and would be serving 37 days in juvenile hall. 2) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 3) Welcomed Toyota to the City. Councilmember Buckley commented on the following: 1) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 16 2) Thanked Interim City Clerk Michelle Soto and Office Specialist Jessica Guzman for executing the responsibilities of the City Clerk's office while recruiting for a City Clerk. He indicated they had done a great job. 3) Asked for a Resolution of Support, which would be mailed to LAFCO, for the expansion of the Northwest Mosquito Vector Control District in western Riverside County be put on the next City Council agenda. Mayor Magee commented on the following: 1) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 2) Asked the Public Works Director to include an update on the Fairfield Development drainage issues in the next City Manager's weekly memo. 3) Thanked staff for all of their help with the State of the City Address. It was moved and seconded to adjourn to a regular meeting on September 11, 2007, at 5:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSENT: NONE Li Robert Mayor Mayor Magee adjourned the meeting at 8:29 p.m. 17 ATTEST: l ~cilf[< si Michelle Sata Interim City Clerk 18 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 11, 2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Planning Manager Weiner, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Community Services Director Gonzales, Chief of Police Fetherolf, Fire Chief Hendershot, City Clerk Munson and Deputy City Clerk Soto. CLOSED SESSION The following item was to be discussed during Closed Session: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Subdivision (a) of Gov't Code 9 54956.9 - Trujillo et al v. City of Lake Elsinore Riverside Superior Court Case # 456750 It was moved and seconded to recess to Closed Session at 5:01 p.m.. AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE 1 ABSENT: NONE ABSTAIN: NONE RECONVENE IN PUBLIC SESSION -7:00 P.M PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer to recognize the victims of 911. ROLL CALL PRESENT: MAYOR MAGEE MA VOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Planning Manager Weiner, Community Services Director Gonzales, Chief of Police Fetherolf, Fire Chief Hendershot, City Clerk Munson and Deputy City Clerk Soto CLOSED SESSION REPORT City Attorney Leibold stated the City Council met in Closed Session pursuant to a Special meeting to consider what item in closed session conference with legal counsel concerning anticipated litigation. One potential case was discussed under authority of subdivision (b) of GC Section 54956.9. There was no reportable action. Pursuant to the regular meeting, there was one item concerning existing litigation on the agenda as listed as Item A. There was no reportable action. PRESENTATION/CEREMONIALS There were no presentations. 2 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ruth Atkins of lake Elsinore, invited the City Council and the public to the Mayor's Night for the Arts. Mayor Magee is supporting a fund raiser being held at the Clubhouse at the Lakes at Summerly, The cost is $50 per person and will be held on Friday, September 28th from 6-9:00 p.m. There will be an art show from local artists. Reservations can be made by calling 245-8890 or on-line at www.elsinorevalleyartsnetwork.orQ. COUNCil APPROVES CONSENT CALENDAR ITEMS NOS. 1 THROUGH 4 AND 6 THROUGH 8. EXCLUSIVE OF ITEM NO.5 The following items were listed on the Consent Calendar for Council approval: 1. Warrant List - AUQust 31.2007 Recommendation: Ratify. 2. Claim aQainst the City Recommendation: Reject claim for AAA (Subro: Scott Johnson CL # 2007-9). 3. ReorQanization of EnQineerinQ Staff Recommendation: Approve the proposed changes to the job classifications and corresponding salary. 4. Railroad Canyon Roadll-15 InterchanQe Update Recommendation: Receive and file. 5. Alan Street DrainaQe Update Recommendation: Receive and file. 6. Extension of Time for Tentative Tract Map No. 33370 for Condominium Purposes Recommendation: Adopt Resolution No. 2007-166, approving the request for an Extension of Time for Tentative Tract Map No. 33370 for Condominium Purposes for Thirty-six (36) months or October 11, 2010 as allowed by the LEMC, based on the Findings, Exhibits and the revised Conditions of Approval attached. 7. Hewlett-Packard Universal Server Racks Purchase Recommendation: Authorize the City Manager to approve the purchase of the Hewlett-Packard Universal Racks for the Information Technology Division. 3 8. Notice of Termination of Aqreement for Drainaqe Encumbrance Recommendation: Authorize the Mayor to sign the Notice of Termination of Drainage Encumbrance in such final form as approved by the City Attorney for recordation in the official land records of Riverside County. Mayor Magee pulled item No.5 for further discussion. It was moved by Council member Kelley, and seconded by Council member Buckley, to approve the Consent Calendar Items No. 1 through 4 and 6 through 8, exclusive of Item NO.5. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL RECEIVES AND FILES CONSENT CALENDAR NO.5 Mike Matthews, Lake Elsinore, expressed his concern with the water flow through his neighborhood. He provided photos of his street (attached) which showed what occurs when excess water flows through the streets. He stated another concern of his neighborhood is the maintenance and aesthetics of the Fairfield Development of the Ridgestone Apartments. He stated there has been no effort to maintain, cleanup or groom the landscape of the apartments. He has been monitoring the number of broken sprinklers that have been contributing to the excessive nuisance water into his neighborhood. He requested the assistance of the Council in maintaining and promoting the image of Lake Elsinore. He requested Council to persuade the owners of the apartments to maintain a high standard and promote the image of Lake Elsinore. Public Works Director Seumalo provided an update on the drainage issues out on Alan Street. He also addressed Mr. Matthews' concerns. Mayor Pro Tem Hickman inquired if Mr. Matthews was keeping his neighbors informed. Mr. Matthews indicated that he was. 4 It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman, to approve the Consent Calendar Item NO.5. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Pro Tem Hickman inquired if Mr. Matthews was keeping his neighbors informed. Mr. Matthews indicated that he was. PUBLIC HEARINGS There were no public hearings. BUSINESS ITEMS There were no business items to discuss. COUNCIL RECESSED AT 7:13 P.M. COUNCIL RECONVENED AT 7:14 P.M. PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Welcome the new City Clerk Vivian Munson CITY ATTORNEY COMMENTS 1) Also welcomed the new City Clerk. 5 CITY TREASURER COMMENTS Not in attendance. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Welcomed the new City Clerk. Council member Schiffner commented on the following: . 1) Welcomed the new City Clerk. Mayor Pro Tem Hickman commented on the following: 1) Welcomed the new City Clerk. 2) Thanked West Coast Arborist for trimming the palm trees and doing such a fabulous job. . 3) Wished Happy Rosh Hashanah to all of the City's Jewish residents. Councilmember Buckley commented on the following: 1) Congratulated the Storm for making the playoffs. 2) Congratulated Jeff George, George Bloomfield, and Kris Anderson on their election to the Elsinore Water District Election. Mayor Magee commented on the following: 1) Welcomed the new City Clerk. 2) He asked that everyone remember the victims, families, and those individuals who were present at ground zero. He recognized those individuals who helped to save lives that day and also recognized and thanked all of those who help to protect our County 6 The Mayor adjourned the meeting in memory of those who lost their lives at the hands of terrorists. The meeting was adjourned at 7:1 .m ATTEST: C LL-- VIVIAN M.MUNSON CITY CLERK CITY OF LAKE ELSINORE 7 Photo2raphs - Rainfall 8-31-2007 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 25,2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1a) A closed session will be held, pursuant to Government Code Section 54956.9(b), because there is significant exposure to litigation to the City in one case. (1b) A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations with Shopoff Group and to give direction to its negotiator regarding certain real property pertaining to APN No.'s: 374-271-003,374-271-004,371-271-007,374-271-013 and 374-271-015. City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. It was the consensus of the City Council to recess to Closed Session at 5:01 p.m. RECONVENE IN PUBLIC SESSION - 7:00 P.M 1 PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Planning Manager Weiner, Community Services Director Gonzales and City Clerk Munson. PRESENT A TIONS/CERMONIALS Mayor Magee introduced Ron Bailey, Director of the Lake Elsinore Chamber of Commerce and Director of Parts and Service for Lake Chevrolet who provided an update on Chamber activities and general announcements. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed in the agenda. She noted Items "A" and "B" were discussed and there was no reportable action taken. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Barbara Middlebrook, President of the Elsinore Valley Arts Network, announced the fund raiser at the Summerly clubhouse on Friday, September 28th and tickets are $50. She stated this event helps offset the costs for the summer concerts. Ruth Atkins, Lake Elsinore, announced the Elsinore Valley Arts network is a 501 c3 Corporation under the Internal Revenue Code and encouraged residents to attend the Mayor's Night for the Arts where the $50 cost for the ticket is partially tax deductible. 2 COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 1 THROUGH 4 AND 6 THROUGH 8. EXCLUSIVE OF ITEM NO.5 The following items were listed on the Consent Calendar for Council approval: (3) Contract Aqreement with Matthew Faqan Consultinq Services to Prepare CEQA Compliance Documents for the Proiect Known as "Lake Elsinore Toyota" Staff recommends that the City Council authorize the City Manager to enter into a contract with Matthew Fagan Consulting Services to prepare an Air Quality analysis and the CEQA compliance document for the Lake Elsinore Toyota project, in an amount not to exceed $19,030. (4) Request For Waiver to Serve Alcohol at the Oktoberfest Recommendation: It is staffs recommendation that the City Council consider the request from the Rotary Club for waiver of Lake Elsinore Municipal Code Sections 8.40.040(A) and 9.28.030 and allow alcohol to be served during the Oktoberfest event. (5) Status of General Plan Update and Environmental Impact Report Recommendation: Receive and file. (6) Resolution of Intention to Annex Certain Territory Known as Assessor Parcel No. 377 -160-008 into the Lake Elsinore Landscape and Street Liqhtinq District No.1. as LLMD Annexation No. 20 (California Business Condominiums) Recommendations: 1) Approve the Engineer's Report for Annexation No. 20 (California Business Condominiums) LLMD No.1; 2) Adopt Resolution No. 2007- 167, a resolution of Intention to Annex into LLMD No.1; and 3) Schedule a public hearing on the District Formation for October 23, 2007. (7) Resolution of Intention to Annex Property into Communitv Facilities District No. 2006-5 (Parks. Open Space and Storm Drain Maintenance) and to Authorize the Levy of a Special Tax within Annexation Area NO.2 (California Business Condos) Recommendations: 1) Adopt Resolution No. 2007-168, a resolution of intention to annex property from Annexation Area NO.2 (California Business Condos) into the CFD 2006-5; and 2) Schedule a public hearing on Annexation Area No. 2 (California Business Condos) for November 13, 2007. (8) Approval of Final Map No. 33182 Recommendations: 1) Approve Final Map No. 33182, subject to the City engineer's acceptance as being true and correct; and 2) Authorize the City Clerk 3 to accept all dedications, sign the map and arrange for the recordation of Final Map No. 33182. (9) Franklin Street Rehabilitation and Storm Drain Improvements-Contract Award Recommendations: 1) Award the Franklin Street Rehabilitation and Storm Drain Improvements E.B.S. for the amount of $619,925; 2) Authorize the Mayor to execute the contract for E.B.S. Construction, Inc.; and 3) Authorize transfer of the remaining $250,000 to Account NO.1 05 - General Fund. (10) Warrant List Dated September 11. 2007. Recommendation: Authorize payment of Warrant List dated September 11, 2007. (11 ) Minutes of the Followinq Meetinq( s) a. Joint City Council/Planning Commission Study Session of February 1, 2007. b. Joint City Council/Redevelopment Agency Study Session of February 27, 2007. c. Regular Meeting of February 27,2007. d. Joint City Council/Redevelopment Agency Study Session of March 27, 2007. e. Regular Meeting of March 27, 2007. f. Joint City Council/Redevelopment Agency Study Session of September 11,2007. g. Regular Meeting of September 11,2007. Recommendation: Approve. Councilmember Buckley pulled item No. 11 for further discussion. It was moved by Councilmember Buckley, and seconded by Councilmember Schiffner, to approve the Consent Calendar Items No.3 through 10, exclusive of Consent Calendar No. 11. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE 4 ABSENT: NONE ABSTAIN: NONE COUNCIL CONTINUES CONSENT CALENDAR ITEM NO. 11 - CITY COUNCIL MINUTES Council member Buckley indicated he pulled the minutes due to various errors and tonal issues in the minutes. It was moved by Mayor Pro Tern Hickman, and seconded by Councilmember Kelley, to continue Consent Calendar Item 11 to the next City Council meeting. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (12) COUNCIL ADOPTS RESOLUTION NO. 2007-169, COMMENCING PROCEDDINGS TO ANNEX APPROXIMATELY 320 ACRES KNOWN AS THE THIRD STREET ANNEXATION AREA Community Development Director Preisendanz presented the staff report. Councilmember Buckley asked Community Development Director Preisendanz to confirm that during the annexation that the right to keep horses on a half acre or more, post annexation would be a right not a nonconforming exception. A right that goes with the property, not with ownership. And, should you subdivide your property, and on your half acre a home is built and you sell it, they loose their right to have horses because zoning will not allow it. Council member Buckley noted the Vector Control cost was missed which is additional $8 a year. Therefore, it would be $45 to join the City. However, he noted that boat owners would get a $75 discount and residents would be saving money. 5 Council member Buckley inquired, as part of the annexation, if medium and high density can only be south and west of Cambern. Community Development Director Preisendanz responded that is what is being proposed. Councilmember Buckley inquired if existing owners could be issued a permit to park their large vehicles to be parked on the street as long as it was parked safely and appropriately. Community Development Director Preisendanz responded that could be looked into, however, he could not make any promises. Councilmember Buckley recommended that one of the conditions of the annexation be the City Council commit in conjunction with the County and CalTrans put a reasonable remedy to the drainage issue in the next capital budget. Council member Buckley stated Council has paid much more attention to these residents more than the County and for those reasons the annexation is a good idea for those residents. Mayor Pro Tem Hickman inquired if the County was assisting these residents with their drainage issues, or is it all on the City's back. Public Works Director Seumalo responded the City has not been working with the County. This is a City project impact that the City is working with the developer and spear heading the solution. The City will make corrections for the impacts of the development to the backyards and to Allen Street itself through the 74 drainage alteration, however, the drainage through Allen Street itself is a County improvement. Councilmember Schiffner expressed his concerns with the County regulations verses the City regulations. He stated he did not want to take away any benefits that are presently allowed in the area. Community Development Director Preisendanz responded he would look into these issues. Mayor Magee opened the public hearing at 7:22 p.m. George Etzel, resident on 3rd Street, indicated he was undecided on the annexation and suggested staff distribute a ballot. Lisa Matthews, provided pictures of the water runoff on Allen Street and indicated it was getting worse with the mud, dirt and trash, the sprinklers are still broken at the apartment complex and sees no activity. 6 Mary Venerable, owns property on 3rd Street, who expressed her concerns with the septic tanks, transportation and traffic congestions down 3rd Street, and stated City Council needs to be informed of all concerns that residents' have in the community have regarding the project. Mike Matthews, Allen Street resident, expressed his concerns with lack of communication with the City and resident. He indicated they had the following questions: 1) What is the zoning going to be in the area; 2) What is the action plan for the flooding and water issues that they have been experiences; 3) What will the total fiscal impact to each resident in the annexation be; 4) What will be done to the neighborhood to provide them with maintenance and safety due to the increased population in their neighborhood. He requested the annexation application to LAFCO be postponed until these questions have been answered and the problems with the drainage issues become resolved. Bernard Rockwood, Welch Drive, expressed his concerns with the traffic speed and the water runoff on Welch Drive and Allen Street. Gary Gogs, Allen Street Resident, indicated all of the drainage on the east side of Allen Street and Welch goes through his property. Mayor Magee closed the public hearing at 7:37 p.m. Councilmember Buckley responded to Mr. Matthews questions. Council member Kelley reiterated the zoning will stay the same; the horses will be allowed, the flooding is a great concern to the Council and had Public Works Director Seumalo address how the City was working with the County on the drainage issue. The fiscal impact has been addressed, there will be more services and amenities will be available to them as residents. It was moved by Councilmember Buckley, and seconded by Councilmember Schiffner, to waive further reading and adopt Resolution No. 2007-169, commencing proceedings to annex approximately 320 acres known as the Third Street Annexation Area. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE 7 ABSTAIN: NONE (13) COUNCIL ADOPTS RESOLUTION NO. 2007-170. APPROVING THE REQUEST FOR AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 31957 FOR TWENTY FOUR MONTHS OR UNTIL SEPTEMBER 13. 2009. BASED ON THE FINDINGS. EXHIBITS AND CONDITIONS OF APPROVAL Community Development Director Preisendanz presented the staff report. Mayor Magee opened the public hearing at 7:50 p.m. There being none, Mayor Magee closed the public hearing at 7:51 p.m. It was moved by Councilmember Buckley, and seconded by Councilmember Schiffner, to waive further reading and adopt Resolution No. 2007-170, approving the request for an extension of time for Tentative Tract Map No. 31957 for twenty four months or until September 13, 2009, based on the findings, exhibits and conditions of approval. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (14) COUNCIL CONTINUES PUBLIC HEARING FOR REVISION OF CHAPTER 14.08 STORMWATERlURBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS It was moved by Council member Kelley, and seconded by Councilmember Schiffner to continue the item to the October 23, 2007, City Council meeting. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY 8 COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (15) COUNCIL INTRODUCES ORDINANCE NO. 1232, AMENDING LAKE ELSINORE MUNICIPAL CODE SECTION 2.24.060, SUBPARAGRAPHS I AND J REGARDING THE DUTIES AND RESPONSIBILITIES OF THE PUBLIC SAFETY ADVISORY COMMISSION Information/Communications Manager Dennis presented the staff report. It was moved by Councilmember Buckley, and seconded by Council member Schiffner, to waive further reading and introduce Ordinance No. 1232, amending Lake Elsinore Municipal Code Section 2.24.060, Subparagraph I and J regarding the duties and responsibilities of the Public Safety Advisory Commission. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSED AT 7:58 P.M. COUNCIL RECONVENED AT 8:00 P.M. PUBLIC COMMENTS There were no public comments. 9 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) 2) 3) 4) Announced the Elsinore Valley Art Network will hold their Artwalk on September 28th from 4-8:00 p.m. Announced the Mayor's Night for the Arts will be held at the Summerly Clubhouse on September 28tti, 6-9:00 p.m. Octoberfest, October 6th, from 11-5:00 p.m. sponsored by the Lake Elsinore Rotary Club, at McVicker Park. Household Hazardous Waste Collection on October 6th, 9 a.m. to 5 p.m., adjacent to the City Yard. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS Not present. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Mayor's Night for the Arts reception on Friday. Councilmember Schiffner commented on the following: 1) Thanked all those who came outto speak regarding the annexation. Mayor Pro Tern Hickman commented on the following: 1) Extended his kudos to the Youth Court and thanked Shawn Slater for his time and donation. 2) Franklin Street will be resurfaced soon. Councilmember Buckley commented on the following: No comments. Mayor Magee commented on the following: 1) Thanked individuals who attended the Trauma Interventions Program of Southwest Riverside County event and thanked Mayor Pro Tem Hickman for his generous donation. 10 Mayor Magee adjourned the meeting at 8:03 p.m. ATTEST: { lL~ VIVIAN M.MUNSON CITY CLERK 11 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 9, 2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCllMEMBER BUCKLEY COUNCllMEMBER KEllEY COUNCllMEMBER SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney leibold, Administrative Services Director Pressey, Planning Manager Weiner, lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Community Services Director Gonzales, Chief of Police Fetherolf, Fire Chief Hendershot and City Clerk Munson. CLOSED SESSION The following item was to be discussed during Closed Session: (1 a) Conference with Legal Counsel - Existing Litigation (Gov't Code Section 54956.9(a)) Wildomar and lake Elsinore Residents for Responsible Growth v. City of lake Elsinore (Riverside Co. Superior Court Case No. RIC 449594) (1 b) Conference with Real Property Negotiator (Gov't Code Section 54956.8) Property: APN 378-020-032, near the intersection of Nichols Road and Collier Avenue Negotiating Parties: City of lake Elsinore and property owner Mr. Theodore King and Mrs. Li Heng Under negotiations: price and terms of payment 1 (1c) Conference With Legal Counsel--Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (1 potential case) It was moved and seconded to recess to Closed Session at 5:01 p.m.. AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE RECONVENE IN PUBLIC SESSION - 7:00 P.M PLEDGE OF ALLEGIANCE Mayor Pro Tem Hickman led the audience in the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Planning Manager Weiner, Community Services Director Gonzales, Chief of Police Fetherolf, Fire Chief Hendershot and City Clerk Munson. 2 PRESENT A TION/CEREMONIAlS Mayor Magee announced the representative from the American Cancer Society "Relay For Life" was unable to attend the meeting. He announced the American Cancer Society will be holding a "Relay for Life", October 20-21st at 9:00 a.m. at Canyon Lake Middle School. This 24-hour event will be held on the school's tract and all proceeds will benefit the American Cancer Society. For further information, please contact Marian Olson at (951) 288-5879. CLOSED SESSION REPORT City Attorney Leibold stated the City Council met in Closed Session to consider the following items: (1 a) Conference with legal Counsel - Existing Litigation (Gov't Code Section 54956.9(a)) Wildomar and Lake Elsinore Residents for Responsible Growth v. City of Lake Elsinore (Riverside Co. Superior Court Case No. RIC 449594) (1 b) Conference with Real Property Negotiator (Gov't Code Section 54956.8) Property: APN 378-020-032, near the intersection of Nichols Road and Collier Avenue Negotiating Parties: City of Lake Elsinore and property owner Mr. Theodore King and Mrs. Li Heng Under negotiations: price and terms of payment (1c) Conference With legal Counsel--Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9(b): (1 potential case) There was no reportable action taken on any of the items. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Jeannie Corral encouraged City Council to approve the fee waiver for the 11th Annual Unity in the Community Parade. She announced the parade will be held on November 17,2007. Donna Fransom of lake Elsinore, announced the 3rd Quarter meeting of the Lake Elsinore Citizens Committee which will be held on Thursday, October 18th at the at 7"00 p.m. in the Tuscany Hills Recreation Center. Captain Louis Fetherolf will be the guest speaker. 3 COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 3 THROUGH 9 AND 11 THROUGH 15. EXCLUSIVE OF ITEM NO.1 0 The following items were listed on the Consent Calendar for Council approval: (3) Minutes of the Followinq Meetinq(s) a. Joint City Council/Planning Commission Study Session of February 1, 2007. b. Joint City Council/Redevelopment Agency Study Session of February 27, 2007. c. Regular Meeting of February 27,2007. d. Joint City Council/Redevelopment Agency Study Session on March 13, 2007. e. Regular Meeting of March 13,2007. f. Joint City Council/Redevelopment Agency Study Session of March 27. 2007. g. Regular Meeting of March 27, 2007. h. Joint City Council/Redevelopment Agency Study Session of April 10, 2007. i. Regular Meeting of April 1 0,2007. j. Joint City Council/Redevelopment Agency Special Study Session of April 19,2007. k. Joint City Council/Redevelopment Agency Study Session of April 24, 2007. I. Regular Meeting of April 24, 2007. m. Joint City Council/Redevelopment Agency Special Study Session of April 26,2007. n. Joint City Council/Redevelopment Agency Study Session of May 8,2007. o. Regular Meeting of May 8,2007. p. Joint City Council/Redevelopment Agency Study Session of May 22, 2007. q. Regular Meeting of May 22,2007. r. Joint City Council/Redevelopment Agency Study Session of September 11,2007. s. Regular Meeting of September 11, 2007. Recommendation: Approve. (4) Warrant List Dated September 28.2007. Recommendation: Authorize payment of Warrant List dated September 28, 2007. 4 (5) Investment Report Recommendation: Receive and file. (6) Claims Aqainst the City Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimant of the decision. (7) Purchase Order for Contract Plan Check Services for Fiscal Year 07/08 Recommendation: Authorize the City Manager to approve a Purchase Order in the amount of $150,000 for Scott Fazekas and Associates to provide plan check services for fiscal year 07/08. This amount was budgeted for in the 07/08 Building Division Professional Services account. (8) Approval of Final Map No. 32077 Recommendations: 1. Approve Final Map No. 32077, subject to the City Engineer's acceptance as being true and correct. 2. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32077. (9) Advanced Life Support Cardiac Monitor Replacement Recommendation: Approve the purchase of three cardiac monitors for $38,935.46 to be funded with AMR fine revenues. (10) 2007-2008 CDBG Supplemental Aqreement Recommendation: Approve the allocation for 2007-2008 COBG allocation as outlined in the fiscal impact section of this report and authorize the Mayor to sign the agreement. (11) Sidewalk Construction, Various Locations-Additional Grant Fundinq Recommendations: 1. Authorize the use of additional $161,199 CDBG Fund No. 150 for this project. 2. Authorize the return of $95,412 of In-lieu-Fees Fund No. 205 to City Budget. 3. Authorize the return of $65,787 of Traffic Impact Fees to the City Budget Fund No. 205. 5 (12) Unity in the Community Parade Request for Fee Waiver and Street Closures Recommendation: Aprrove the fee waiver and closure of streets along the parade route for the 11t Annual Unity in the Community Parade. (13) Reclassification of Receptionist Position Recommendations: 1. Approve reclassification of "Office Specialist I" to' "Customer Service Specialist." 2. Approve budget adjustment moving the position salary from the Community Development Department to the Administrative Services Department. 3. Approve a budget adjustment increasing of the salary and benefits from grade 23 to 32 ($8,600 total) for the current fiscal year. (14) Purchase Authorization to Replace Desktop Computers with Dell Laptops Recommendation: It is determined to be interest of the City to waive the bidding process and authorize the City Manager to sign and issue a purchase order to Dell Computers, Inc. for replacing management's desktop PC's with Laptops. (15) Disposal of Surplus Electronics as Scrap Recommendation: Approve disposal of surplus electronic equipment to be scrapped as e-waste. Councilmember Kelley pulled Consent Calendar Item No.1 O. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman, to approve the Consent Calendar Items No. 3 through 9 and 11 through 15, exclusive of Item No.1 o. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE 6 ABSTAIN: NONE COUNCIL APPROVES CONSENT CALENDAR NO. 10 - TO INCREASE THE ALLOCATION BY $5.488 TO BE DIVIDED BY PROJECT HOPE ($2.744) AND $2.744 TO THE BOYS AND GIRLS CLUB AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT Councilmember Kelly expressed her concerns with regard to the amount of funds allocated to the CDBG Fund. Ron Hewison, Executive Director encourage the City Council to allocate additional funds to the HOPE Program and the Boys and Girls Club. City Treasurer Weber indicated when he worked for the City of Riverside, no CDBG Funds were allocated to any public service programs and all of the funding went towards street maintenance. It was moved by Councilmember Kelly, and seconded by Mayor Pro Tem Hickman to increase the allocation by $5,488 to be divided by Project Hope ($2,744) and $2,744 to the Boys and Girls Club and authorize the Mayor to sign the agreement. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (16) COUNCIL ADOPTS RESOLUTION NO. 2007-171; ADOPTING THE FINDINGS THAT THE ENTITLEMENTS ARE EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) COUNCIL ADOPTS RESOLUTION NO. 2007-172; APPROVING VESTING TENTATIVE PARCEL MAP NO. 34978 WHICH SUBDIVIDES 28.76 ACRES OF LAND WITHIN THE CANYON HILLS SPECIFIC PLAN INTO ONE LOT 7 COUNCil ADOPTS RESOLUTION NO. 2007-173; APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-09 FOR THE HUNTER'S RIDGE CONDOMINIUM COMMUNITY WITHIN VESTING PARCEL MAP NO. 34978 Community Development Director Preisendanz presented the staff report. He stated this project was called the Hunter's Ridge Condominiums. He indicated the Planning Commission approved this project unanimously and recommending approval by Council Mayor Magee opened the public hearing at 7:14 p.m. David D. Dunham, representative of Pardee Homes, thanked the City and Staff for all of the hard work they have done on this project. He stated he was available to address any concerns or questions the Council had. Mayor Magee inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. John Staub of lake Elsinore, indicated he lived very close to the project and wanted Council to know there are many rattle snakes and rabbits. He inquired if there was going to be some type of fencing. Community Development Director Preisendanz responded there is usually fencing required for construction projects. He believes the developer would be willing to put up some type of fencing to prevent the animal migration. Mayor Magee closed the public hearing at 7:17 p.m. It was moved by Councilmember Buckley, and seconded by Mayor Pro Tern Hickman to waive further reading and adopt a resolution adopting the findings that the entitlements are exempt from the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 8 It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to Waive further reading and adopt a resolution approving Vesting Tentative Parcel Map No. 34978 which subdivides 28.76 acres of land within the Canyon Hills Specific Plan into one lot. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to. Waive further reading and adopt a resolution approving Residential Design Review No. 2006-09 for the Hunter's Ridge Condominium Community within Vesting Parcel Map No. 34978. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (17) COUNCIL ADOPTS RESOLUTION NO. 2007-174;ADOPTING THE FINDINGS THAT THE ENTITLEMENTS ARE EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) COUNCIL ADOPTS RESOLUTION NO. 2007-175: APPROVING VESTING TENTATIVE PARCEL MAP NO. 34979 WHICH SUBDIVIDES 28.76 ACRES OF LAND WITHIN THE CANYON HILLS SPECIFIC PLAN INTO ONE LOT 9 COUNCIL ADOPTS RESOLUTION NO. 2007-176: APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-10 FOR THE HIDDEN OAKS CONDOMINIUM COMMUNITY WITHIN VESTING PARCEL MAP NO. 34979 Mayor Magee opened the public hearing at 7:18 p.m. Community Development Director Preisendanz presented the staff report. He stated this project was called the Hidden Oaks Condominiums. He indicated the Planning Commission approved this project unanimously and recommending approval by Council. Mayor Magee inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. David D. Dunham, representative of Pardee Homes, thanked the City and Staff for all of the hard work they have done on this project. He stated he was available to address any concerns or questions the Council had. Mayor Magee closed the public hearing at 7:21 p.m. It was moved by Council member Buckley, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt a resolution adopting the findings that the entitlements are exempt from the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt a resolution approving Vesting Tentative Parcel Map No. 34979 which subdivides 28.76 acres of land within the Canyon Hills Specific Plan into one lot. 10 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt a resolution approving Residential Design Review No. 2006-10 for the Hidden Oaks Condominium Community within Vesting Parcel Map No. 34979. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (18) COUNCIL ADOPTS RESOLUTION NO. 2007-177: DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT) COUNCIL ADOPTS RESOLUTION NO. 2007-178: TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $4,000,000 WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT) AND CALLING A SPECIAL ELECTION 11 COUNCIL ADOPTS RESOLUTION NO. 2007-179; CANVASSING THE RESULTS OF THE SPECIAL ELECTION HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT) COUNCIL INTRODUCES ORDINANCE NO. 1232; AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX Mayor Magee opened the public hearing at 7:21 p.m. Administrative Director Pressey presented the staff report. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 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 assessments 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 purpose of a majority protest, only written protests were to be considered. There being none, Mayor Magee closed the public hearing at 7:25 p.m. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt a resolution of formation determining the validity of prior proceedings and establishing City of Lake Elsinore Community Facilities District No. 2007-4 (Makenna Court). The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Councilmember Kelley to waive further reading and adopt a resolution to incur bonded indebtedness in the amount not to exceed $4,000,000 within the City of Lake 12 Elsinore Community Facilities District No. 2007-4 (Makenna Court) and Calling a Special Election. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Magee directed the City Clerk to tabulate the ballots and announce if two- thirds of the votes cast were in favor of levying the services special tax and special tax. City Clerk Munson announced that two-thirds of the votes cast were in favor. It was moved by Councilmember Schiffner, and seconded by Council member Kelley to waive further reading and adopt a resolution canvassing the results of the Special Election held within the City of Lake Elsinore Community Facilities District No. 2007-4 (Makenna Court). The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Councilmember Kelley to waive further reading and introduce an ordinance authorizing the levy of a services special tax and a special tax. 13 The following Roll Call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (19) COUNCIL APPROVES THE AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY AND AUTHORIZES THE MAYOR TO EXECUTE THE AGREEMENT SUBJECT TO ANY MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY ATTORNEY City Manager Brady presented the staff report. City Attorney Leibold indicated the agreement was restructured in a way where it is not tied to construction. It was moved by Mayor Pro Tem Hickman, seconded by Councilmember Buckley to provide Toyota an incentive by giving them the 1st half of the year 75% of the sales tax, then after July 1st it would fall back to 50%, to include a cap of $2.7 million. William Nicklas of Toyota Motor Sales responded one of the items that were heavily negotiated on with staff and the City Manager was the idea of a cap. He indicated Toyota feels that since there are already two caps on this proposal which Toyota thought it was cut and dry. The first cap being the six years and the second cap being the 50%. He indicated it was very important they don't have a monetary cap. It was motioned by Councilmember Kelley, and seconded by Councilmember Schiffner to approve the original proposal which substitutes the motion made by Mayor Pro Tem Hickman. City Attorney Liebold stated regardless of which motion prevails, there was previously approved a reimbursement agreement on this same site with Chrysler- Dodge-Jeep, and this proposal supersedes that proposal. She indicated she just 14 wanted to make sure, as part of the motion, that it is made clear that the earlier agreement is terminated and is superseded by this. Mayor Magee indicated he was leaning towards the recommendation as proposed. The following vote resulted: AYES: MAYOR MAGEE COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: MAYOR PRO TEM HICKMAN ABSENT: NONE ABSTAIN: COUNCILMEMBER BUCKLEY (20) COUNCIL ADOPTS ORDINANCE NO. 1231: AMENDING CODE SECTION 2.46.060, SUBPARAGRAPHS I AND J REGARDING THE DUTIES AND RESPONSIBILITIES OF THE PUBLIC SAFETY ADVISORY COMMISSION It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Ordinance No. 1231 as follows: ORDINANCE NO. 1231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CODE SECTION 2.46.060, SUBPARAGRAPHS I AND J REGARDING THE DUTIES AND RESPONSIBILITIES OF THE PUBLIC SAFETY ADVISORY COMMISSION The following Roll Call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 15 COUNCIL RECESSED AT 7:41 P.M. COUNCIL RECONVENED AT 7:42 P.M. PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Farmer's Market, every Thursday, from 4-7:00 p.m. on Main Street and Peck. 2) The Elsinore Valley Arts Network Art Walk, Thursday, October 26th, 4-8:00 pm. downtown Main Street (3) Cruise Night, Friday, October 2th, from 5-9:00 p.m., downtown Main Street CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS - No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: No comments. Councilmember Schiffner commented on the following: 1) Welcomed Toyota. Mayor Pro Tern Hickman commented on the following: 1) The clubhouse, golf course and restaurant are open and the food is excellent. Councilmember Buckley commented on the following: 1) Welcomed Toyota, however; expressed his concern with setting a precedent for the future. 16 Mayor Magee commented on the following: 1) Thanked City Manager Brady for all the work on the Toyota Agreement. 2) Stated the drainage issue over at Fairfield Apartments needs to be corrected as soon as possible. 3) Stated staff will be meeting with GFI representatives next week. He stated staff will look at all options to keep the Grand Prix event operational. Mayor Magee adjourned the meeting at 7:45 p.m. ATTEST: ( L.L~ VIVIAN M.MUNSON CITY CLERK 17 TOYOTA October 8, 2007 Toyota Motor Sales, U.S.A.. Inc. l~.II)OI South \Vt'sklll AVC'lllI(' TOIFillce, CA ~XI~illl CnO) ltiiHIi()() Honorable Mayor Magee Mayor Pro Tern Hickman Councilman Schiffner Councilman Buckley Councilwoman Kelley City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Dear Mr. Mayor and Members of the Lake Elsinore City Council: At its August 28, 2007 regular meeting, after a presentation and proposal made by Toyota, the Lake Elsinore City Council directed City staff to prepare an agreement between the City and Toyota Motor Sales U.S.A., Inc. in which a new Toyota dealership entity would earn certain incentives for establishing and operating a retail operation in Lake Elsinore. Toyota explained to the Council that it intended to begin operations no earlier than the last quarter of2010. It was suggested by the City's treasurer that Toyota might accelerate the establishment of operations to sometime in 2009 if given an additional financial incentive. To that end, the City has proposed that if operations begin before 2010, an amount equal to 100% of the dealership's sales tax revenue remitted to the City be paid to the dealership entity. - While we are grateful for the City's interest in bringing a new Toyota dealership to town sooner rather than later, the involved process of dealer selection, site development and construction make 2009 higWy unlikely. Moreover, the selected dealer may view 50% of the fmal year of the agreement as more valuable than 100% of2009. Toyota is content to begin operations of a new dealership at the end of 20 1 0; however, in the interest of finding what might be might be a win - win for all, we propose the following: ~ An amount equal to 100% of the city's 2010 sales tax revenues generated by the dealership if commencement begins before June 30, 2010 ~ An amount equal to 75% of the city's 2010 sales tax revenues generated by the dealership if commencement begins after June 30, 2010, but before January 1, 2011 The alternative proposal provides the selected dealer with a realistic incentive to accelerate development and construction efforts and gives the City the opportunity to have the dealership operational up to a year earlier than originally intended. We truly appreciate the Council's desire to hasten the establishment of a new Toyota dealership and believe that this alternative to the City's proposal provides a realistic opportunity to do so. I look forward to seeing you at the October 9, 2007 meeting. S~1L 'csr William T. Nicklas cc: B. Brady, City Manager; B. Liebold, City Attorney MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 23,2007 **************************************************************************************************** CALL TO ORDER - 7:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Magee introduced Greg Morrison who led the audience in the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer to recognize those who have been displaced by the California Fires and to pray for the men and women of Cal Fire. - ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY (arrived at 7:04) Also present were City Manager Brady, Assistant City Attorney Mann, City Treasurer Weber, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Parks and Recreation Director Gonzales, Chief of Police Fetherolf, Community Development Director Preisendanz, Planning Manager Weiner and City Clerk Munson. PRESENTATION/CEREMONIALS Mayor Magee indicated he had asked the City Manager and the City's Emergency personnel to give a brief update on the status of the fires that relates to Riverside County and the City of Lake Elsinore. City Manager Brady and Police Chief Fetherolf reported on the conditions of the City of Lake Elsinore and the County of Riverside. 1 (1) Presentation of Blue Star ProQram Recipients Mayor Magee presented Certificates of Appreciation to the following Blue Star recipients: First Class Petty Officer Joseph J. Anderson, Corporal Raymond de la Cruz, Lance Corporal Timothy Kutter, First Class Petty Officer Damian D. Morrison and Specialist Joseph David Telles. Mayor Pro Tem Hickman and his wife Amy accepted the certificates on behalf of their son and daughter-in-law Sergeant William Connaster and Specialist Jennifer Connaster. All of the recipients and their families thanked the City for their recognition. (2) Mayor Magee presented a proclamation to The Storm for coming in 2nd Place in the California League and winning the Southern California Division Championship. Representatives from the Storm accepted the proclamation and thanked the City Council and residents for this recognition. (3) Greg Morrison from EVMWD, representing the Chamber of Commerce, provided an update of Chamber activities. Mr. Morrison also announced the Waste Water Treatment Plant for the Lake Elsinore Valley Municipal Water District won "Plant of the Year" for the Santa Ana River Basin Section and for the entire State of California. CLOSED SESSION REPORT There were no closed session items. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Rick Carpenter reported on the Farmer's Market. He thanked the City Council for their support and invited all residents to come by the Farmer's Market. He also thanked the Chamber of Commerce and the Council in their partnership in advertising Lake Elsinore, which has brought many new people in town to shop. Mike Matthews of lake Elsinore, asked City Council to take action against the contracts, owners and management of the Ridgestone Apartments to eliminate the nuisance of excessive water, mud and trash flowing into his neighborhood from the Ridgestone property. Traci Peterson, CalTrans District 8, Construction Liaison, stated she came to notify the City that CalTrans will be conducting a paving rehab project on the 1-15, from the 1- 15,215 in Murrieta, up to the 1-15, Highway 74 in Lake Elsinore. The project will begin next month with the exact start date unknown at this time, nor the complete work hours. 2 She noted night work is anticipated seven days a week to include lane closures and some ramp closures. She indicated CalTrans will be providing the City with further information as it becomes available. Mayor Magee directed Ms. Peterson to contact Mr. Seumalo, the City's Public Works Director. COUNCIL APPROVES CONSENT CALENDAR ITEM NOS. 4 THROUGH 10 AND 13 THROUGH 17. EXCLUSIVE OF ITEM NOS. 11 AND 12 The following items were listed on the Consent Calendar for Council approval: (4) Minutes of the Followinq Meetinq( s ): a. Special Joint City Council/Redevelopment Agency Study Session of February 22,2007. b. Special Joint City Council/Redevelopment Agency Study Session of May 29,2007. c. Joint City Council/Redevelopment Agency Study Session of June 12, 2007. d. Regular Meeting of June 12, 2007. e. Joint City Council/Redevelopment Agency Study Session of June 26, 2007. f. Regular Meeting of June 26,2007. g. Joint City Council/Redevelopment Agency Study Session of July 10, 2007. h. Regular Meeting of July 10, 2007. i. Special City Council Meeting of July 19, 2007. j. Special Joint City Council/Redevelopment Agency Study Session of July 26,2007 k. Joint City Council/Redevelopment Agency Study Session of September 25, 2007. I. Regular Meeting of September 25, 2007 Recommendation: Approve. (5) Warrant List Dated October 15,2007. Recommendation: Authorize payment of Warrant List dated October 15, 2007. (6) Claim Aqainst the City Recommendation: Reject the claim listed and direct the City Clerk's Office to send a letter informing the claimant of the decision. (7) Aqreement for Property Tax Manaqement Services with HdL Coren & Cone 3 Recommendations: 1. Approve the agreement for property tax management services with HdL Coren & Cone. 2. Authorize the City Manager to execute the agreement. (8) Southwest California Economic Alliance Recommendations: 1. Approve the Southwest California Economic Alliance Agreement and authorize the Mayor to execute the agreement subject to any minor modifications as may be approved by the City Attorney; and 2. Approve the Bylaws of the Southwest California Economic Alliance and authorize the Mayor to execute the bylaws subject to any minor modifications as may be approved by the City Attorney. (9) Safe Candy Niqht Street Closures Recommendation: Approve the closure of Main Street for Safe Candy Night. (10) Status of the General Plan Update and Environmental Impact Report - Recommendation: Receive and file. (11) Resolution of Intention to Annex Property into Community Facilities District No. 2003-1 (Law Enforcement. Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. 24 (River's Edqe) Recommendations: 1. Waive further reading and adopt a resolution of intention to annex property from Annexation Area No. 24 (River's Edge) into the CFD 2003-1. 2. Schedule a public hearing on Annexation Area No. 24 (River's Edge) for November 27, 2007. (12) Resolution of Intention to Annex Property into Community Facilities District No. 2006-5 (Parks. Open Space and Storm Drain Maintenance) and to Authorize the Levv of a Special Tax within Annexation Area NO.3 (River's Edqe) Recommendations: 1. Waive further reading and adopt a resolution of intention to annex property from Annexation Area NO.3 (River's Edge) into the CFD 2006-5. 2. Schedule a public hearing on Annexation Area No.3 (River's Edge) for November 27, 2007. 4 (13) Parks Maintenance Contract Extension Recommendation: Approve the new contract extension with Greenscape Landscape, Inc. for park maintenance from November 1 through March 31,2008, and authorize the increase of funds during the extension period. (14) Approval of Contract to Update Drainaqe Master Plan and Storm Drainaqe Development Impact Fees Recommendations: 1. Award the Contract to update the Drainage Master Plan and Development Impact Fees to Harris and Associates for $252,840. 2. Authorize the transfer of $278,000 from Storm Drain C.I.P. Account Fund No. 211 for consultant services and staff costs. (15) Pine Street - Realiqnment and Pavinq Contract Award Recommendations: 1. Award the contract to construct Pine Street for $59,980 to Hardy and Harper Inc. 2. Authorize the transfer of $80,000 from Street C.I.P. Fund No. 201 to the Pine Street Project. 3. Authorize the Mayor to execute the contract with Hardy and Harper Inc. (16) Reallocate Funds to Alternative Fishery Enhancements in Lieu of Carp Removal Recommendation: City Staff recommends approval to reallocate funds from carp removal efforts to the proposed alternative fishery enhancements. This approval is subject to concurrence by the LESJWA Board. (17) Habitat Proiect Implementation Aqreement (Back Basin I nlet Channel Area) Recommendation: Approve the Habitat Project Implementation Agreement (Back Basin Inlet Channel Area) and authorize the Mayor to execute the Agreement subject to any minor modifications as may be approved by the City Attorney. City Manager Brady pulled Consent Calendar Item Nos. 11 and 12. It was moved by Council member Buckley, and seconded by Councilmember Kelley to approve the Consent Calendar Item Nos. 4 through 10 and 13 through 17, exclusive of Item Nos.11 and 12. 5 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL CONTINUES CONSENT CALENDAR ITEM NOS. 11 AND 12 TO THE NEXT CITY COUNCIL MEETING City Manager Brady indicated due to the agenda items not having the necessa~ items to move forward, staff is recommending continuance to the November 13t City Council meeting. It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to continue Consent Calendar Item Nos. 11 and 12 to the November 13th City Council meeting. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (18) COUNCIL ADOPTS RESOLUTION NO. 2007-180; APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 AS ANNEXATION AREA NO. 20 (CALIFORNIA BUSINESS CONDOS) PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 6 Mayor Magee opened the public hearing at 7:33 p.m. City Clerk Munson announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey presented the staff report. Mayor Magee requested. testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. Mayor Magee inquired if there were any property owners subject to the proposed assessments 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 purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:35 p.m. Mayor Magee directed City Clerk Munson to tabulate the ballots and announce if a majority protest had been made. City Clerk Munson tabulated the ballots and announced that a majority protest did not exist. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-180, approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 20 (California Business Condos) pursuant to the Landscape and Lighting Act of 1972. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE 7 ABSTAIN: NONE (19) COUNCIL INTRODUCES ORDINANCE NO. 1233: DELETING AND RESERVING CHAPTER 17.06 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE RESOURCE CONSERVATION OVERLAY DISTRICT Mayor Magee opened the public hearing at 7:37 p.m. Community Development Director Preisendanz presented the staff report. He indicated the Planning Commission considered the code amendment and unanimously recommended that City Council adopt the ordinance. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:37 p.m. It was moved by Councilmember Schiffner, and seconded by Council member Buckley to waive further reading and introduce the following ordinance: ORDINANCE NO. 1233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DELETING AND RESERVING CHAPTER 17.06 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE RESOURCE CONSERVATION OVERLAY DISTRICT The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (20) COUNCIL INTRODUCES ORDINANCE NO. 1234: AMENDING AND RESTATING SECTION 17.35.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RESIDENTIAL USES IN OPEN SPACE DISTRICTS 8 Mayor Magee opened the public hearing at 7:38 p.m. Community Development Director Preisendanz presented the staff report. He indicated the Planning Commission considered the code amendment and unanimously recommended that City Council adopt the ordinance. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:40 p.m. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and introduce the following ordinance: ORDINANCE NO. 1234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTION 17.35.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RESIDENTIAL USES IN OPEN SPACE DISTRICTS The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (21) COUNCIL APPROVES THE EXPENDITURE PLAN AND THE ALLOCATION OF FUNDS FROMTHESLESFGRANTPROGRAM Mayor Magee opened the public hearing at 7:41 p.m. City Manager Brady presented the staff report. COUNCILMEMBER BUCKLEY LEFT THE DAIS AT 7:41 P.M. 9 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:42 p.m. It was moved by Councilmember Schiffner, and seconded by Councilmember Kelley to approve the expenditure plan and the allocation of funds from the SLESF Grant Program. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE (22) COUNCIL CONTINUES ITEM TO AN UNDETERMINED DATE REGARDING AMENDMENT TO SECTIONS 14.08.090(Al AND 14.08.110 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PERMITTING OF NONSTORMWATER DISCHARGES AND ENFORCEMENT OF ILLEGAL DISCHARGES Mayor Magee opened the public hearing at 7:42 p.m. Public Works Director/City Engineer Seumalo presented the staff report. He indicated the reason the recommendation was to continue the item to an undetermined date was because the City anticipated comments from the Regional Water Quality Control Board. He indicated the audit was taken in 2006 and the City will not see results until spring or summer of 2008 of the comments. He noted together with the City Attorney Office, it would be more streamlined and more efficient to bring all the amendments at the same time. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:45 p.m. 10 It was moved by Council member Schiffner, and seconded by Mayor Pro Tem Hickman to continue this item off calendar. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE (23) COUNCIL ADOPTS RESOLUTION NO. 2007-181; AUTHORIZING THE ISSUANCE OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT WASSON CANYON), SPECIAL TAX BONDS, 2007 SERIES A, APPROVING THE ISSUANCE OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY LOCAL AGENCY REVENUE BONDS (WASSON CANYON) 2007 SERIES A. AND THE EXECUTION AND DELIVERY OF A FISCAL AGENT AGREEMENT, A COMMITMENT AGREEMENT AND PURCHASE CONTRACT, A PURCHASE CONTRACT AND A CONTINUING DISCLOSURE AGREEMENT PUBLIC FINANCING AUTHORITY ADOPTS RESOLUTION NO. 2007-2, APPROVING THE ISSUANCE OF LAKE ELSINORE PUBLIC FINANCING AUTHORITY LOCAL AGENCY REVENUE BONDS (WASSON CANYON) 2007 SERIES A IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,500,000 PURSUANT TO AN INDENTURE OF TRUST, AUTHORIZING THE SALE OF SUCH BONDS UPON CERTAIN TERMS AND CONDITIONS, APPROVING AN OFFICIAL STATEMENT, APPROVING THE EXECUTION OF COMMITMENT AGREEMENT AND PURCHASE CONTRACTS FOR THE PURCHASE OF LOCAL OBLIGATIONS OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT WASSON CANYON) AND TAKING OTHER ACTIONS RELATED THERETO Chairman Schiffner called the Public Financing Authority meeting to order at 7:48 p.m. ROLL CALL PRESENT: CHAIRMAN SCHIFFNER MEMBER HICKMAN MEMBER KELLEY 11 MEMBER MAGEE ABSENT: VICE-CHAIR BUCKLEY Mayor Magee opened the public hearing at 7:47 p.m. Administrative Services Director Pressey presented the staff report. He introduced Mr. Rod Gunn, the City's bond financial advisor, who reviewed the finance team's guidelines bond issue on CUP's. He also reviewed new bond criteria to ensure the City's issues are secure other than the project analysis. He noted a Delinquency Management Fund was created which is 15% of the annual debt service and was created to continue to pay debt service for the delinquencies that have not paid. VICE-CHAIR BUCKLEY RETURNED TO THE DAIS AT 7:48 P.M. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 8:05 p.m. - Mayor Pro Tem Hickman complimented Rod Gunn and Don Hunt for all of their hard work. He stated they have done an excellent job for the City. City Treasurer Weber indicated when the housing market slows down, the developers should take a hit just like everyone else and stated the City was not here to supplement their income. He noted the City has a good team in place for financing these bonds. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-181, authorizing the issuance of the City of Lake Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon), Special Tax Bonds, 2007 Series A, approving the issuance of the Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (Wasson Canyon) 2007 Series A, and the execution and delivery of a fiscal agent agreement, a commitment agreement and purchase contract, a purchase contract and a continuing disclosure agreement. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER 12 NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Member Kelley, and seconded by Member Hickman, to waive further reading and adopt Resolution No. 2007-2, approving the issuance of Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (Wasson Canyon) 2007 Series A in the aggregate principal amount not to exceed $6,500,000 pursuant to an indenture of trust, authorizing the sale of such bonds upon certain terms and conditions, approving an official statement, approving the execution of commitment agreement and purchase contracts for the purchase of local obligations of the City of Lake Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon) and taking other actions related thereto. The following vote resulted: AYES: CHAIRMAN SCHIFFNER VICE-CHAIR BUCKLEY MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC FINANCING AUTHORITY APPROVED CONSENT CALENDAR ITEM NO.1 (1) Minutes of a Reqular Meetinq of Januarv 9.2007 Recommendation: Approve. It was moved by Vice-Chair Buckley, and seconded by Member Hickman to approve Consent Calendar Item NO.1. The following vote resulted: AYES: CHAIRMAN SCHIFFNER VICE-CHAIR BUCKLEY MEMBER HICKMAN MEMBER KELLEY 13 MEMBER MAGEE NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC FINANCING AUTHORITY RECESSED AT 8:10 P.M. BUSINESS ITEMS (24) COUNCIL DIRECTS STAFF TO DEVELOP AN RFP TO HELP SELECT A CONSULTANT TO WORK WITH CITY STAFF TO PROCEED WITH THE PREPARATION OF A MASTER PLAN FOR THE CORE DOWNTOWN AREAS City Manager Brady introduced Steve McCarty, Redevelopment Project Manager, who presented the staff report. Redevelopment Project Manager McCarty indicated the City has made significant progress in obtaining public opinion for the design of the City public facilities. He commented paramount among public opinion was for the desire of the development of the downtown area from the 1-15 to the lake. He reviewed the five options before City Council for consideration. City Treasurer Weber stated the financing of the new City Hall will cause a tremendous burden on the General Fund and asked the City Council to keep this in mind when voting on this item. Councilmember Buckley indicated he sent City Council and staff an alternate proposal (attached). He indicated the issue of the proposal of the Master Plan, although it has its advantages, would take the City a bit sideways. He reviewed his alternate recommendations. Councilmember Buckley made a motion to incorporate his recommendations presented. There being no second, the motion died. It was moved by Councilmember Schiffner, seconded by Council member Kelley to: 1) Direct staff to develop an RFP to help select a consultant to work with City staff to proceed with the preparation of a master plan for the core downtown areas as described; 2) Approve ending the Design Competition and making a one time and final payment of $10,000 to each of the three competition finalists; 3) Direct staff to leave the site options open for a future decision based on the options and details presented in the master plan; and 4) Direct staff to present to 14 the Redevelopment Agency vacant parcels of land located in proposed Sites 1 and 2 that could be acquired for future institutional, office, retail, and/or residential development. Mayor Pro Tem Hickman stated he concurred with Councilmember Schiffner and stated he has a fiduciary responsibility to the residents. He stated he agreed with the Master Development. Councilmember Kelley concurred with Redevelopment Project Manager McCarty. She stated the intention of going forward was to revitalize Main Street. She noted the City needs to be certain they are efficient, successful, and proud of what is built and that it is done right. She stated she appreciated Councilmember Buckley's recommendations. She indicated she could not support all of them, however; many of them she could and many of his ideas could be included in a Master Plan. Council member Buckley thanked Council member Kelley for her comments. He indicated he was trying to save the City $250,000 and 18 months of time. He noted any comparison of the stadium is offensive and inappropriate. City Treasurer Weber suggested eliminating the gray area in the proposal to get the real cost of the project. Mayor Magee thanked Councilmember Buckley for his efforts and passion in developing the Civic Center. He also thanked Redevelopment Project Manager McCarty for his professionalism. He stated he concurred with City Treasurer Weber's that the City needs to be cognoscente of the funding. He also concurred with Councilmember Kelley's thoughts that many of Councilmember Buckley's ideas need to be analyzed and included as part of the Master Plan. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: COUNCILMEMBER BUCKLEY ABSENT: NONE ABSTAIN: NONE 15 (25) COUNCIL ADOPTS RESOLUTION NO. 2007-182, MAKING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND ADOPTS RESOLUTION NO. 2007-183, APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-12 Community Development Director Preisendanz presented the staff report. He noted Building G will be a natural extension of the Stater Bros. shopping Center and will take the place of a building that naturally burned downed. He stated the Planning Commission unanimously recommended approval of the project. It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to waive further reading and adopt a resolution making findings of consistency with the Multiple Species Habitat Conservation Plan. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Council member Schiffner, seconded by Councilmember Kelley to waive further reading and adopt a resolution approving Commercial Design Review No. 2007-12. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 16 (26) COUNCIL AUTHORIZED RENEWAL OF THE 2007-2008 LOBBYING SERVICES AGREEMENT AND SCOPE OF WORK & BUSINESS TERMS AND TO EXECUTE THE AGREEMENT WITH THE FERGUSON GROUP, L.L.C. Information/Communications Manager Dennis presented the staff report. He stated the annual contract is up for renewal at the end of this month and asking Council's consideration with the Ferguson Group, LLC. He read into the record the following proposed projects for funding: $8 million for Railroad Canyon Road interchange improvements; $2 Million for Lakeshore Drive safety and aesthetic improvements; $2 Million for the boat launch, recreational facilities rehabilitation and $1 Million lake water quality and watershed improvements, to include public safety and advancing forward with sewer and infrastructure needs. Mayor Magee recommended staff work with Mr. Kennett and return with a new revised list as discussed at the Study Session to include public safety, sewer and other transportation related improvements. It was moved by Councilmember Buckley, seconded by Mayor Pro Tem Hickman to authorize renewal of the 2007-2008 lobbying services agreement and scope of work and business terms and execute the agreement with the Ferguson Group, L.L.C. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (27) COUNCIL ADOPTS ORDINANCE NO. 1232; AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX City Manager Brady presented the staff report. It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to adopt the following ordinance: 17 ORDINANCE NO. 1232 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 The following Roll Call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSES AT 8:42 P.M. COUNCIL RECONVENES AT 8:45 P.M. PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Farmer's Market, Thursday, October 25th, from 4-7:00 p.m. on Main Street and Peck (2) The Elsinore Valley Arts Network Art Walk, Thursday, October 25th, 4-8:00 pm. downtown Main Street (3) Cruise Night, Friday, October 26th, from 5-9:00 p.m., downtown Main Street (4) Red Ribbon Penny Carnival, Friday, October 26th, from 4:30-6:30 p.m. at the Lake Community Center CITY ATTORNEY COMMENTS No comments. 18 CITY TREASURER COMMENTS Announced at the Stadium there was a Halloween Scare House. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: (1) Requested an update on the Ridgestone Apartments issues to include the overall drainage issues. Public Works Director Seumalo responded that staff will investigate the issue. He stated he met with Centex Homes and Fairfield apartments and they agreed to cutback on irrigation. However, there are several violations that may have occurred all of which will be investigated. He stated he also met with the Shopoff Group, who committed their engineering staff, who will be turning in a design soon to mitigate the problem. Councilmember Schiffner commented on the following: (1) Thanked all of the people that were involved in the Civic Center exercise. Mayor Pro Tern Hickman commented on the following: (1) Attended the Scary Stadium and indicated it was fun. (2) Wished everyone a safe Halloween night. (3) Invited everyone down to the Farmers' Market (4) Thanked the Lake Elsinore Unified School District for working with the Elks allowing them to use Temescual High School for the Shoot For Hoops event. (5) He also inquired when Franklin Street would be resurfaced. Public Works Director Seumalo responded the project started today with the drainage improvements and then will proceed with the overlay. Councilmember Buckley commented on the following: No comments. Mayor Magee commented on the following: (1) Thanked all of the fire fighters who are out risking themselves to protect lives and property. And also thanked for all of the Public Safety professionals who are working hard to protect us. He noted our thoughts and prayers are with them and with those who are impacted by the fires. 19 ATTEST: { LL~ VIVIAN M.MUNSON CITY CLERK - 20 To - Lake Elsinore Mayor, City Council, and Staff From - Thomas Buckley Subject - Civic Center Alternate Recommendation Discussion - For the past 15 months, the people, elected officials, and staff members of the City of Lake Elsinore have been engaged in an open and exciting process designed to both revitalize our downtown area and construct much-needed public facilities. It appears, however, that this process now stands at a crossroads and a decision whether to move forward or backwards or sideways is now at hand. During this process, the public has been actively involved in shaping the vision of a new vibrant and eclectic downtown that will both benefit the neighborhood residents and the City asa whole. This process has included numerous meetings and study sessions, a public survey, and an internationally-recognized design competition for the new Civic Center, a key aspect to improving the downtown. A number of exciting ideas have been discussed and a number of new facts about how the residents of Lake Elsinore feel about their City have been discovered. For example, the Civic Center, particularly when tied at least in part directly to the lake, is extremely popular. So far, a half dozen different potential Civic Center sites have been wiImowed down to two, or even one, it could be argued, if one considers an overall holistic approach to the matter of downtown redevelopment. However, since the announcement of the Design Competition Jury's selection of finalists, a certain amount of unnecessary confusion and misinformation has sadly been injected into the p~cess. This has caused what I believe to be an unnecessary r. eappra. isal of the entire process tha~ldjeopardize the success of one of the most important City and RDA projects in years. For example, the proposals from the Design Competition finalists are simply that - proposals. None are set in stone (or brick or glass or what-have-you) and are subject to significant streamlining and increased specificity by the City. Sadly, an effort in August to allow the finalists to explain their ideas to the residents and to hear from the residents in an open give-and- take failed. (For example, despite being designated as finalists, none of the designers' siting proposals were included in the informational packet distributed to the public and the Council.) ,While certain elements of the staff recommendation before the Council and Agency board Tuesday night have merit, the overall effect of approving the entire package of recommendations would be detrimental to our City. To that end, I will offer the following alternate recommendation/motion for consideration by the Council and Agency Board during Tuesday's seSSIOn. · That the RDA immediately contact the owners of all existing commercial structures in the downtown area and coordinate a new facade grant program to improve and renovate said structures · That the design firms be given until February, 2008, to complete their work · That upon selection of a final design/plan, the City and/or Agency shall select an outside professional project manager to oversee the entire effort. That manager shall be chosen by the Council and Board pending recommendation from a selection sub-committee consisting o(the Mayor, RDA Chair, and City Manager · After the final design/plan has been chosen, that RDA and City staff present their land- use and design and planning selections for the remainder of downtown I have sent you this information as it would probably be a bit much to take in all at once during the Tuesday meeting itself. I hope you have found it helpful Thomas Buckley - MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 13, 2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. Mayor Magee called to order the Regular City Council Meeting at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE - Also present were: City Manager Brady, Deputy City Attorney Mann, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Gonzales, Information/Communications Manager Dennis, Chief of Police Fetherolf, Public Works Director Seumalo, Planning Manager Weiner and City Clerk Munson. CLOSED SESSION Deputy City Attorney Mann indicated the following item was to be discussed during Closed Session: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code S 54956.9) EVMWD vs. City of Lake Elsinore, John O'Doherty (Riverside Superior Court Case No. 431267). The City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance. 1 INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were: City Manager Brady, Deputy City Attorney Mann, Administrative Services Director Pressey, Community Development Director Preisendanz, Parks and Recreation Director Gonzales, Information/Communications Manager Dennis, Chief of Police Fetherolf, Public Works Director Seumalo, Planning Manager Weiner and City Clerk Munson. PRESENTATION/CEREMONIALS Mayor Magee presented the following individuals with Certificates of Appreciation for assisting during the wild fire disasters and the Hawaii Mars Flying Supertanker arrival and departure. They were as follows: from the lake and Aquatic Resources Department: Pat Kilroy, Leo Solorzano, Sailie Davis, Dennis Waite, Ed North, Mary Santa Cruz; from the City Manager's Office Mark Dennis; from the Parks and Recreation Department Claudia Davis and Bill Houtz; from the Public Works Department Bill Payne, Julian Perez, Rocky Gray, Alejandro Leytte, Scott Rippstein, Brandon Buron and Francisco Diaz; from the Lake Patrol Division Sergeant Mike Yates, Investigator Nathan Kaas, Deputy Patrick Doyle, Corporal Bob McCalmont, Deputy Ethan Kaas, Deputy Robert Guerrero, Deputy Rafael Casillas and Deputy June Cox; from LEMSAR Pete Dawson, AI Lyons, Sheri Lyons, Clif Ayres, Pam Ayres, Mark Piascik, Emily Crisan, Terry Prijatel, Lou Prijatel and Roberto Romero. CLOSED SESSION REPORT Deputy City Attorney Mann announced in Closed Session the item as listed in the agenda and reported there was no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ruth Atkins, resident and representing the Lake Elsinore Historical Society, announced the self guided Holiday Home Tour Time will be on Saturday, December 8th between 10 a.m. and 3:00 p.m. She noted tickets are available for $20 a piece. 2 Mike Matthews, resident, announced he measured 500,061 gallons of water ran down Allen Street during a 64 hour time period. He continued to express his concerns with the problems his home and neighborhood have been experiencing and asked Council's help to tell the Ridgestone apartments control their water resources. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 3 THROUGH 15 The following items were listed on the Consent Calendar for Council approval: (3) Minutes of the Followinq Meetinq(s) a) Special Meeting of July 10, 2007. b) Joint City Council/Redevelopment Agency meeting of August 14,2007. c) Regular Meeting of August 14, 2007. d) Special Meeting of August 20,2007. e) Joint City Council/Redevelopment Agency meeting of August 28,2007. f) Regular Meeting of August 28,2007. g) Joint City Council/Redevelopment Agency meeting of October 9,2007. h) Regular Meeting of October 9,2007. i) Joint City Council/Redevelopment Agency meeting of October 23,2007. j) Regular Meeting of October 23,2007. Recommendation: Approve. (4) Warrant List Dated October 31.2007. Recommendation: Authorize payment of Warrant List dated October 31,2007. (5) Investment Report for July. Auqust and September Recommendation: Receive and file. (6) Selection Of Vendor For Recodification/Republication and Leqal Review of the Lake Elsinore Municipal Code Recommendation: Approve Code Publishing, Inc. as the selected vendor for the legal review and recodification/republication of the Lake Elsinore Municipal Code. (7) Resolution of Intention to Annex Property into Community Facilities District No. 2003-1 (Law Enforcement. Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. 24 (River's Edqe) Recommendations: 1. Waive further reading and adopt Resolution of Intention No. 2007-184, annexing property into Community Facilities District No. 2003-1 (Law 3 Enforcement, Fire and Paramedic Services) and to authorize the levy of a special tax within said district. 2. Schedule a public hearing on Annexation Area No. 24 (River's Edge) for January 8, 2008. (8) Resolution of Intention to Annex Property into Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) and to Authorize the Levy of a Special Tax within Annexation Area No.3 (River's Edqe) Recommendations: 1. Waive further reading and adopt Resolution of Intention No. 2007-185 annexing property from Community Facilities District 2006-5 (Parks, Open Space and Storm Drain Maintenance) and to authorize the levy of a special tax within said district. 2. Schedule a public hearing on Annexation Area NO.3 (River's Edge) for January 8, 2008. (9) Franklin Street Rehabilitation and Storm Drain Improvements - Professional Survey Services Contract Award Recommendation: Staff recommends the City Council award the Franklin Street Rehabilitation and Storm Drain Project construction surveying contract to Harris and Associates for $23,500. (10) Railroad Canyon Road/l-15 Interchanqe Update Recommendation: Receive and file. (11) Purchase of PC Tablets for Code Enforcement. Public Works and Geoqraphic Information Technoloqy Recommendation: Staff recommends that the City Council authorize the City Manager to approve the purchase of the PC Tablets for Code Enforcement, Public Works, and GIS. (12) Resolution Declarinq a Local Emerqency Recommendations: 1) Ratify the proclamation of Local Emergency by the Director of Emergency Services. 2) Waive further reading and adopt Resolution No. 2007-186, declaring the existence of a local emergency under Government Code Section 8630 and County Ordinance No. 533.5 4 (13) 2010 Decennial Census Local Update of Census Addresses (LUCA) Proqram Recommendations: 1) Lake Elsinore participate in the LUCA Program at Option 1, the highest level of participation. 2) Obtain Highest Elected/Appointed Official signature on Registration Form making the commitment on behalf of the City. 3) Complete and return LUCA Program Registration Form by November 19, 2007. 4) Appoint Cathy Barrozo GIA Analyst as LUCA Program Liaison and Rolfe Preisendanz Community Development Director as LUCA Program Reviewer. 5) Agree to conditions of confidentially, Title 13, United States Code (U.S.C.) 6) Perform required data security Self-Assessment Checklist. 7) Complete and return the Product Preference Form. 8) Direct staff to fulfill all LUCA Program participation responsibilities. (14) Consideration of Cancellinq the December 25.2007, City Council Meetinq Recommendation: It is recommended that City Council direct staff to cancel the December 25, 2007, City Council meeting unless it is necessary to conduct City business prior to the January 8, 2008, Council meeting. (15) Award Bid for Purchase and Installation of Plavqround Equipment and Authorize the City Manaqer to Siqn the Aqreement Recommendation: Award the bid for the purchase and installation of playground equipment to Gametime and authorize the City Manager to sign the agreement. It was moved by Councilmember Kelley, and seconded by Councilmember Schiffner to approve the Consent Calendar Items No.3 through 15. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 5 PUBLIC HEARINGS (16) COUNCIL ADOPTS RESOLUTION NO. 2007-187; DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNCIL ADOPTS RESOLUTION NO. 2007-188; RESOLUTION ACTING ON BEHALF OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) CALLING A SPECIAL ELECTION COUNCIL ADOPTS RESOLUTION NO. 189; ACTING ON BEHALF OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO.2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID DISTRICT COUNCIL INTRODUCES ORDINANCE NO. 1235; ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF SPECIAL TAX WITHIN ANNEXATION NO. 2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID DISTRICT Mayor Magee opened the public hearing at 7:17 p.m. City Clerk Munson announced that the notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey presented the staff report. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. Mayor Magee inquired if there were any property owners subject to the proposed assessments 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 purpose of a majority protest, only written protests were to be considered. There being no one, Mayor Magee closed the public hearing at 7:18 p.m. 6 Mayor Magee directed City Clerk Munson to tabulate the ballots and announce if a majority protest had been made. City Clerk Munson tabulated the ballots and announced that 2/3 majority protest did not exist. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-187, determining the validity of prior proceedings relating to annexation of property into the City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance ). The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-188, acting on behalf of the City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) calling a special election. The following vote resulted: AYES: MAYOR MAGEE .. MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 7 It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-189, acting on behalf of the City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) canvassing the results of the election held within Annexation Area NO.2 (California Business Condos) annexed to said district. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Council member Schiffner, and seconded by Mayor Pro Tem Hickman to introduce Ordinance No. 1235, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF SPECIAL TAX WITHIN ANNEXATION NO. 2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID DISTRICT. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 8 (17) COUNCIL ADOPTS RESOLUTION NO. 2007-190; APPROVING NEGATIVE DECLARATION NO. 2007-03 FOR TEXT AMENDMENT NO. 2007-04. TEXT AMENDMENT 2007-05. GENERAL PLAN AMENDMENT 2007-05. ZONE CHANGE (PRE-ZONE) NO. 2007-05 AND ANNEXATION NO. 82 FOR THE RUNNING DEER TERRITORY COUNCIL ADOPTS RESOLUTION NO. 2007-191; REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO). TO COMMENCE PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 82 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE COUNCIL ADOPTS RESOLUTION NO. 2007-192; APPROVING GENERAL PLAN AMENDMENT NO. 2007-05 COUNCIL INTRODUCES ORDINANCE NO. 1236 APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2007-05 Mayor Magee opened the public hearing at 7:20 p.m. Community Development Director Preisendanz presented the staff report. He indicated the Planning Commission unanimously approved by resolutions the annexation. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:26 p.m. Councilmember Buckley inquired if the unit count goes from 72 to 115 and inquired who was processing the application. Community Development Director Preisendanz confirmed the number of units, there were a number of owners and indicated the application is being processed by the City. Councilmember Buckley inquired if Lincoln Street was going through to Nichols Road. Community Development Director Preisendanz confirmed. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-190; approving Negative Declaration No. 2007-03 for Text Amendment No. 2007-04, Text Amendment 2007-05, General 9 Plan Amendment 2007-05, Zone Change (Pre-Zone) No. 2007-05 and Annexation No. 82 for the Running Deer Territory. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Mayor Pro T em Hickman to adopt Resolution No. 2007-191; requesting the Riverside County Local Agency Formation Commission (LAFCO), to commence proceedings to annex the territory designated as Annexation No. 82 into the corporate boundaries of the City of Lake Elsinore. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-192; approving General Plan Amendment No. 2007-05. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY 10 COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to introduce Ordinance No. 1236; entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2007-05 The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (18) COUNCIL ADOPTS RESOLUTION NO. 2007-193. SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF LAKE ELSINORE WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE. CALIFORNIA REFERENCE STANDARDS CODE. THE CALIFORNIA PLUMBING CODE. THE CALIFORNIA MECHANICAL CODE. THE CALIFORNIA ELECTRICAL CODE AND THE CALIFORNIA EXISTING BUILDING CODE AS AMENDED BY THE STATE OF CALIFORNIA REASONABLY NECESSARY FOR HOUSING OCCUPANCIES COUNCIL INTRODUCES ORDINANCE NO. 1237. ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES Mayor Magee opened the public hearing at 7:28 p.m. 11 Community Development Director Preisendanz presented the staff report. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:30 p.m. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to adopt Resolution No. 2007-193; setting forth findings with respect to local conditions within the City of Lake Elsinore which make certain modifications and changes to the California Building Code, California Reference Standards Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code and the California Existing Building Code as amended by the State of California reasonably necessary for housing occupancies. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to introduce Ordinance No. 1237, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING AND REENACTING CHAPTERS 15.02, 15.04, 15.20, 15.24, 15.36, 15.38, 15.56 OF THE MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T-24), INCORPORATING: THE INTERNATIONAL BUILDING CODE, 2006 EDITION; THE UNIFORM PLUMBING CODE, 2006 EDITION; THE UNIFORM 12 MECHANICAL CODE, 2006 EDITION; THE NATIONAL ELECTRICAL CODE, 2005 EDITION; THE INTERNATIONAL EXISTING BUILDING CODE, 2006 EDITION; THE INTERNATIONAL FIRE CODE, 2006 EDITION; AND AMENDING THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (19) COUNCIL ADOPTS RESOLUTION NO. 2007.194; MAKING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN COUNCIL ADOPTS RESOLUTION NO. 2007.195; APPROVING CONDOMINIUM PARCEL MAP NO. 35707 Mayor Magee opened the public hearing at 7:32 p.m. Community Development Director Preisendanz presented the staff report. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:35 p.m. It was moved by Council member Buckley, and seconded by Councilmember Kelley to adopt Resolution No. 2007-194; making Findings of Consistency with the Multiple Species Habitat Conservation Plan. 13 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Buckley, and seconded by Council member Schiffner to adopt Resolution No. 2007-195; approving Condominium Parcel Map No. 35707. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (20) COUNCIL APPROVES THE PARTNERSHIP BETWEEN THE CITY AND SCHOOL DISTRICT, DIRECTS STAFF TO INCLUDE FUNDS IN THE AMOUNT QE.j750,OOO IN THE APPROPRIATE FISCAL YEAR BUDGETS AND TO DRAFT A JOINT POWERS AGREEMENT FOR THE CONSTRUCTION AND USE OF THE TERRA COTTA MIDDLE SCHOOL GYMNASIUM Parks and Recreation Director Gonzales presented the staff report. He indicated this partnership is an opportunity for the City to join with the District not only to build a gymnasium but an opportunity to raise educational and recreational service levels in the community. 14 Greg Bowers, LEUSD, Assistant Superintendent of Operations and Facilities, provided a Powerpoint presentation on the construction of the gymnasium. He also thanked Council for this consideration. Fred Gualda, LEUSD Architectural Consultant, MGPA Architectur, Inc. discussed and reviewed the design concepts of the gymnasium. Councilmember Buckley inquired if the funds were coming from the existing Capital Improvement Plan. City Manager Brady stated $200,000 was coming from the Parks Fund and $183,000 from the General Fund Unallocated Revenue in two years, essentially coming out of the reserves. Mayor Magee stated this was an opportunity to take advantage of a State Grant in the amount of $1.5 million and stated he applauds the School District for stepping up and getting involved. He noted the City Parks and Recreation Director will be taking advantage of the use of the facility as often as possible which will provide the residents at the other end of town the same opportunities as those in the downtown area. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to approve the partnership between the City and School District, direct staff to include funds in the amount of $750,000 in the appropriate fiscal year budgets and to draft a Joint Powers Agreement for the construction and use of the Terra Cotta Middle School Gymnasium. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (21) COUNCIL APPOINTS MAYOR PRO TEM HICKMAN AND COUNCILMEMBER KELLEY TO SERVE ON THE AD HOC COMMITTEE WITH THE LAKE ELSINORE UNIFIED SCHOOL DISTRICT City Manager Brady presented the staff report. 15 Kim Cousins, LEUSD School Board representative, announced the LEUSD School Board appointed himself and Jeanie Corral as representatives on the Ad Hoc Committee. It was moved by Mayor Magee, and seconded by Councilmember Schiffner to appoint Mayor Pro Tem Hickman and Council member Kelley to serve on the Ad Hoc Committee with the Lake Elsinore Unified School District. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (22) COUNCIL ADOPTS ORDINANCE NO. 1233. DELETING AND RESERVING CHAPTER 17.06 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE RESOURCE CONSERVATION OVERLAY DISTRICT It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to adopt Ordinance No. 1233, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DELETING AND RESEVING CHAPTER 17.06 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE RESOURCE CONSERVATION OVERLAY DISTRICT The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE 16 ABSENT: NONE ABSTAIN: NONE (23) COUNCIL ADOPTS ORDINANCE NO. 1234. AMENDING AND RESTATING SECTION 17.25.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RESIDENTIAL USES IN OPEN SPACE DISTRICTS It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to adopt Ordinance No. 1234, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTION 17.25.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RESIDENTIAL USES IN OPEN SPACE DISTRICTS The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1 ) (2) Farmer's Market, Thursday, November 15th, from 4-7:00 p.m. on Main Street and Peck. The Lake Elsinore Chamber of Commerce Business Mixer will be held on Thursday, November 15th at the 74 Motorsports, from 5:30-7:30 p.m., located at Crane Street and Collier. The Lake Elsinore Outlet 6th Annual Tree Lighting Celebrations on November (3) 17 16th through the 18th from 10 a.m. to 6:00 p.m. located on Collier Avenue. (4) The Unity in the Community Parade will be held on November 1ih which starts at 10 a.m. (5) Farmer's Market, Thursday, November 22nd, from 4-7:00 p.m. on Main Street and Peck. (6) Cruz Nite will be held on November 24th from 5 - 9 p.m. downtown Main Street. (7) He also recognized Information/Communications Director Mark Dennis who worked in dealing with the press and setting up a lot of information, Lake and Aquatic Resources Department Director Pat Kilroy because it was his venue and staff that was used extensively, and Public Works Manager Bill Payne who put our emergency plan together over the past several years. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS Not present. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: (1) Requested an update with the Fairfield Apartments and when the residents will see any improvement in the situation. Public Works Directors Semaulo responded the City has been working with the Fairfield Apartments, Centex Homes and the Shoppoff Group who owns the property next to the apartments. He stated there are plans that have been distributed to the Engineer representing the County's residents as well as the Fairfield Apartments. He noted they placed a cost estimate to the plans which includes a sub-drain for subsurface water as well as surface drainage. He indicated an agreement is being worked out to allow the work being done and a couple of issues need to be worked out. He commented work will begin as soon as an MOU or an agreement can be worked out. He stated he did not know when the residents will see an improvement. (2) She expressed her sorrow for the fire that burnt down the Lake Elsinore Elks Club. (3) Announced the Christmas Tree Lane Fundraiser will be held at the Diamond on December 8th and 9th. (4) Wished everyone a Happy Thanksgiving. 18 Councilmember Schiffner commented on the following: (1) Thanked all those who helped with the Hawaii Marks Tanker and all those who helped with the fires. (2) Wished everyone a Happy Thanksgiving. Mayor Pro Tern Hickman commented on the following: (1) Announced the City had a safe Halloween for the kids. (2) Kudos to the Motocross event sponsors. He had heard good this about the event. (3) Invited everyone out to the Unity in the Community Parade on Saturday. (4) Kudos to the staff and the volunteers that did help the fire fighters. (5) As an Elk member wanted to thanked Trevi Lanes for helping out with the use of his building. He also announced the Elks Clubs was going to serve Thanksgiving dinner on November 21st with the help of the Parks & Recreation Department. (6) Wished everyone a Happy Thanksgiving. Councilmember Buckley commented on the following: (1) Inquired if the Fairfield Developers had any further projects before the City. Public Works Director Semaulo responded they did not. (2) Congratulated and thanked the sponsors of the motocross event. He also suggested making it an all weekend event. Mayor Magee commented on the following: (1) Thanked the Randy and Brandy Hiner for organizing such a wonderful event. He also thanked staff and former Council member Will Buck for assisting with the event. Mayor Magee adjourned the meeting at 8:07 p.m. LL VI IAN M.MUNSON CITY CLERK --.. 19 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 27,2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY ABSENT: COUNCILEMBER SCHIFFNER CLOSED SESSION City Attorney Leibold indicated the following item was to be discussed during Closed Session: (1) CONFERENCE WITH LEGAL COUNSEL..ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: one potential case. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION l7:00 P.M) PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. 1 ROLL CALL - 7:00 P.M. PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY ABSENT: COUNCILMEMBER SCHIFFNER Also present were City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Parks & Recreation Director Gonzales, Chief of Police Fetherolf, Community Development Director Preisendanz, Planning Manager Weiner and City Clerk Munson. PRESENTATION/CEREMONIALS (2) Presentation to Seraeant Mark Cordova Mayor Magee presented a proclamation to Sergeant Mark Cordova in recognition for his years of service to the City. (3) Presentation of Blue Star Proaram Recipients Mayor Magee presented certificates of achievement to the following Blue Star Program Recipient families: Private 2nd Class Jose Castro; Staff Sergeant Christopher de la Fuente; David K. Travers, Interior Communications Seaman Apprentice; Sergeant Asa Walker and Betty Jane Lane who was the co-founder of Lake Elsinore's Chapter of the Blue Star Mothers of America over 30 years ago. All of the recipients and their families thanked the City for their recognition. (4) Mayor Magee presented certificates of appreciation to the owners of Elsinore Valley Rentals, Ms. Rita Wilsey and Desiree Ekstein and Mary Stiles, Manager of Starbucks for their assistance during the Hawaii Mars Air Base Operations during the 2007 fires. (5) Mayor Magee introduced Ms. Janna Kaas, the Chairperson of the Unity 5-K Run Committee, who presented stipends to four organizations who were selected by the Unity 5-K Run Committee. The recipients were as follows: The Southwest Boys and Girls Club received $500; Community Connections received $500; COPS 4 Kids received $1,000 and HOPE received $1,500. (6) Mayor Magee presented a plaque to Randy and Brandi Hiner, owners and operator of the Motocross Park for being the "Business of the Quarter." 2 (7) Nancy Hunzeker, 151 Vice Chair of the Board for the Chamber of Commerce provided an update of Chamber activities. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion item as listed above. She noted that Item NO.1 was discussed and there was no reportable action. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 1 MINUTE Ruth Atkins, representing the Historical Society, announced the Holiday Home Tour. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 8 THROUGH 19 The following items were listed on the Consent Calendar for Council approval: (8) Minutes of the Followinq Meetinq(s) Recommendation: Approve the following minutes: a. Special Joint City Council/Redevelopment Agency Study Session meeting of August 30,2007. b. Joint City Council/Redevelopment Agency Study Session of November 13, 2007. c. Regular Meeting of November 13, 2007. (9) Warrant List Dated November 15. 2007. Recommendation: Authorize payment of Warrant List dated November 15, 2007. (10) Investment Report for October Recommendation: Receive and file. (11) Claim Aqainst the City Recommendation: Reject the claim listed in the staff report and direct the City Clerk's Office to send a letter informing the claimant of the decision. (12) Winterfest Celebration and Street Closures Recommendation: Approve closure of Main Street for Winterfest. (13) Purchase Authorization for Storaqe Area Network System (SANS) Recommendation: It is determined to be in the best interest of the City to waive the informal-bidding process and authorize the City Manager to sign and issue a 3 purchase order to Nth Generation Computing, Inc., a HP certified vendor, to acquire and install the SANS device. (14) Authorization for City Manaqer to Enter into a Contract with HDR. Inc. to Prepare CEQA Compliance Documents for the Proiect Known as "Onterra Holdinqs, LLC" (Previously Known as "Bastion Development") Recommendation: Authorize the City Manager to enter into a contract with HDR for the greater amount associated with the EIR process for $149,050; however, the applicant should only be required to deposit the amount associated with an MND ($89,300) until a CEQA document determination has been made. (15) General Plan Update Recommendation: Receive and file. (16) Resolution of Intention to Annex Property Into Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax Within Annexation Area No.1 (Red Kite) - Recommendations: 1) Waive further reading and adopt Resolution of Intention No. 2007-196 to annex property into Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) and to authorize the levy of a special tax within said district. 2) Schedule a public hearing on Annexation Area No. 1 (Red Kite) for January 8, 2008. (17) Resolution Approvinq a Deposit and Reimbursement Aqreement, Resolution of Intention to Establish Community Facilities District No. 2007-5 (Red Kite) and Resolution of Intention to Incur Bonded Indebtedness Recommendations: 1) Waive further reading and adopt Resolution NO.2007 -197 approving a Deposit and Reimbursement Agreement relating to the City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite). 2) Waive further reading and adopt Resolution of Intention No. 2007-198 to establish City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite). 3) Waive further reading and adopt Resolution of Intention No. 2007-199 to incur bonded indebtedness in the amount not to exceed $2,500,000 within the proposed City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite). (18) Sidewalk Construction. Various Locations - Chanqe Order NO.1 4 Recommendations: 1) Approve Change Order No.1 for $58,041.50 for E.G.N. Construction, Inc. 2) Authorize the City Manager to execute Change Order NO.1 with E.G.N. Construction, Inc. for $58,041.50. (19) Aqreement to Reimburse TUMF Funds for Riqht-Of-Wav Costs of SR74/115 Interchanqe Proiect Recommendation: Authorize the Mayor to sign an agreement on behalf of the City for TUMF reimbursement. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman, to approve the Consent Calendar Items No.8 through 19. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE PUBLIC HEARINGS (20) COUNCIL ADOPTS RESOLUTION NO. 2007-200; ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2007-5 COUNCIL ADOPTS RESOLUTION NO. 2007-201; ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN COUNCIL ADOPTS RESOLUTION NO. 2007-202; APPROVING GENERAL PLAN AMENDMENT NO. 2007-14 COUNCIL ADOPTS RESOLUTION NO. 2007-203; APPROVING INDUSTRIAL DESIGN REVIEW NO. 2006-03 Mayor Magee opened the public hearing at 7:45 p.m. Community Development Director Preisendanz presented the staff report. He also noted a change to Condition No. 17. 5 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. Mayor Magee closed the public hearing at 7:49 p.m. It was moved by Mayor Pro Tem Hickman, and seconded by Council member Kelley to adopt Resolution No. 2007 -200, adopting Mitigated Negative Declaration No. 2007-5. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Kelley to adopt Resolution No. 2007-201, adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Kelley to adopt Resolution No. 2007-202, approving General Plan Amendment No. 2007-14. 6 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE It was moved by Mayor Pro Tern Hickman, and seconded by Council member Buckley to adopt Resolution No. 2007-203, approving the Industrial Design Review No. 2006-03 to include the change to Condition No. 17. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE (21) COUNCIL ADOPTS ORDINANCE NO. 1237. ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITHH AMENDMENTS AND APPENDICES Mayor Magee opened the public hearing at 7:56 p.m. Community Development Director Preisendanz presented the staff report. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:58 p.m. It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to adopt the following ordinance: 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING AND REENACTING CHAPTERS 15.02, 15.04, 15.20, 15.24, 15.36, 15.38, 15.56 OF THE MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T-24), INCORPORATING: THE INTERNATIONAL BUILDING CODE, 2006 EDITION; THE UNIFORM PLUMBING CODE, 2006 EDITION; THE UNIFORM MECHANICAL CODE, 2006 EDITION; THE NATIONAL ELECTRICAL CODE, 2005 EDITION; THE INTERNATIONAL EXISTING BUILDING CODE, 2006 EDITION; THE INTERNATIONAL FIRE CODE, 2006 EDITION; AND AMENDING THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE BUSINESSS ITEMS (22) COUNCIL INTRODUCES ORDINANCE NO. 1238. REQUIRING A SPECIAL EVENT PERMIT TO OPERATE HYDROPLANE VESSELS ON LAKE ELSINORE Lake & Aquatic Resources Director Kilroy presented the staff report. Pete Dawson, resident, spoke in favor of the ordinance. He also indicated the PSAC or the City Council should also look at requiring jet boats that can exceed in excess of 180 mph to obtain special permits. It was moved by Council member Buckley, and seconded by Councilmember Kelley to introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 9.96.140 OF THE LAKE 8 ELSINORE MUNICIPAL CODE REGARDING USE OF HYDROPLANE VESSELS The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE (23) COUNCIL ADOPTS ORDINANCE NO. 1235: AUTHORIZING THE LEVY OF SPECIAL TAX WITHIN ANNEXATION NO. 2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID DISTRICT City Manager Brady presented the staff report. It was moved by Councilmember Kelley, and seconded by Council member Buckley to adopt the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF SPECIAL TAX WITHIN ANNEXATION NO. 2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID DISTRICT The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE 9 (24) COUNCIL ADOPTS ORDINANCE NO. 1236; APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2007-05 City Manager Brady presented the staff report. It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to adopt the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2007-05 The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE - ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Farmer's Market, Thursday, November 29th, from 4-7:00 p.m. on Main Street and Peck. (2) Historical Society Meeting. (3) Lake Elsinore Chamber Mixer on December 6th. (4) Winterfest being held on December yth from 6-9:00 p.m. CITY ATTORNEY COMMENTS City Attorney Leilbold congratulated Sergeant Mark Cordova. CITY TREASURER COMMENTS No comments. 10 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: (1 ) (2) Reminded everyone about the Christmas Tree Lane at the Diamond Stadium on December 8th and 9th, between 9 a.m. - 5:00 p.m. She also wished Council member Schiffner a speedy recovery. Mayor Pro Tern Hickman commented on the following: (1) Announced how the Elks Club was successful in providing much needed meals during Thanksgiving. (2) Wished Councilmember Schiffner a speedy recovery. Councilmember Buckley commented on the following: (1) Thanked Sergeant Cordova for his many years of service to the City. Mayor Magee commented on the following: (1) Wished Councilmember Schiffner a speedy recovery and stated that he was missed. - Mayor Magee adjourned the meeting at 8:20 p.m. ATr~ST: V~ l.L_ VIVIAN M.MUNSON CITY CLERK 11 MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 27,2007 *****************************.********************************************************************** CALL TO ORDER The Special City Council Meeting was called to order by Mayor Magee at 7:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY ABSENT: COUNCILEMBER SCHIFFNER PUBLIC COMMENTS - 3 MINUTES No comments. COUNCIL DIRECTS THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDESTANDING WITH RAMSGATE FAIRFILED IN CONNECTION WITH DRAINAGE CONSTRUCTION Public Works Director Seumalo presented the staff report. He stated concerns regarding the drainage from the Ridgestone Apartments were reported by the County residents along Alan Street. He stated in a cooperative effort between the residents, Shopoff Group, Fairfield Ramsgate L.P. and City staff, a drainage design has been adopted for construction. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Kelley to direct the City Manager to execute the a Memorandum of Understanding on behalf of the City of Lake Elsinore in connection with the drainage construction with Ramsgate Fairfield. 1 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE The Special City Council Meeting was adjourned at 8:1 [8T: - L. L~ VIVIAN M. MUNSON CITY CLERK 2 - MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 11,2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY (arrived at 5:13 p.m.) Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Public Works Director Seumalo, Community Development Director Preisendanz, Parks & Recreation Director Gonzales, City Treasurer Weber and City Clerk Munson. CLOSED SESSION The City Attorney indicated the following item was to be discussed during Closed Session: (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 9 54956.8) Property: APN 375-250-024 City negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Claude J. Neal and Wanda J. Neal Under negotiation: Price and terms of payment It was moved and seconded to recess to Closed Session at 5:01 p.m. AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER 1 NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE RECONVENE IN PUBLIC SESSION - 7:00 P.M PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Community Development Director Preisendanz, Parks & Recreation Director Gonzales, Lieutenant Wilson, Fire Chief Hendershot, City Treasurer Weber, Planning Manager Weiner, Finance Manager Riley, Building/Safety and Code Enforcement Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss real property negotiations, pursuant to Government Code Section 54956.8, to include the price and terms of payment. The City Attorney indicated that there was no reportable action. PRESENT A TION/CEREMONIALS There were no presentations. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE There were no comments from the public. 2 COUNCIL APPROVED CONSENT CALENDAR ITEM NOS. 2 THROUGH 8 The following items were listed on the Consent Calendar for Council approval: (2) Minutes of the followinq meetinqs: a) Regular Meeting of November 27,2007. b) Special Meeting of November 27, 2007. Recommendation: Approve as submitted. (3) Warrant List Dated November 29. 2007 Recommendation: Authorize payment of Warrant List date November 29,2007. (4) Pine Street Rehabilitation and Pavinq - Notice of Completion Recommendation: Authorize the Mayor to sign the Notice of Completion and have the City Clerk file the Notice of Completion for recordation with the Riverside County Assessor-County Clerk Recorder. (5) Landscape Plan Check and Inspection Services, Selection of Consultant for Remainder of 2007-2008 Fiscal Year Recommendation: Authorize the City Manager to enter into a contract with David Evans and Associates, Inc. to provide landscape plan check and inspection services to the City of Lake Elsinore for the remainder of fiscal year 2007-2008. (6) Final Map No. 32575 Recommendations: 1) Approve Final Map No. 32575 subject to the City Engineer's acceptance as being true and correct. 2) Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32575. (7) Resolution Initiatinq Proceedinqs and Approvinq the Enqineer's Report for the Annexation of Certain Territorv Known as APN 363-162-040 into the City of Lake Elsinore Landscape and Street Liqhtinq District No.1, as LLMD Annexation No. 21 (Diamond Professional Plaza) Recommendations: 1) Approve the Engineer's Report for Annexation No. 21 (Diamond Professional Plaza) to LLMD NO.1. 3 3) Waive further reading and adopt Resolution of Intention No. 2007-204 to annex property into LLMD No. 1 and to authorize the levy of an assessment within said district. Schedule the public hearing on Annexation Area No. 21 (Diamond Professional Plaza) for January 8, 2008. 2) (8) Resolution of Intention to Establish Community Facilities District No. 2007-6 (Holidav Inn Express) Recommendation: Waive further reading and adopt Resolution No. 2007-205 to establish Community Facilities District No. 2007-6 (Holiday Inn Express) and calling a Public Hearing for January 22, 2008. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tern Hickman to approve Consent Calendar Item Nos. 2 through 8. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (9) Commercial Desiqn Review No. 2007-08. and a Subsequent Mitiqated Neqative Declaration for Mitiqated Neqative Declaration No. 2005-06 for Lake Elsinore T ovota Mayor Magee opened the Public Hearing at 7:03 p.m. Community Development Director Preisendanz indicated the proposed project was a Commercial Design Review for the design and construction of a new 76,386 square foot auto dealership for Toyota. He noted the Planning Commission recommended approval. Community Development Director Preisendanz requested two Conditions of Approval be added into the project as discussed at the 4:00 p.m. study session. He noted the applicant had agreed to the Conditions of Approval. 4 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Will Nicholas, Toyota Representative, stated they were excited about the project moving forward. He indicated they were comfortable with the Conditions of Approval stated by Community Development Director Preisendanz. He commented on the road improvements mentioned in Condition of Approval No. 46. Mayor Magee closed the Public Hearing at 7:08 p.m. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-206 adopting Subsequent Mitigated Negative Declaration to Mitigated Negative Declaration No. 2005-06. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2007-207 adopting Commercial Design Review No. 2007-08. Council member Buckley requested a Condition of Approval be added that Toyota would work with staff and follow staff guidance on additional landscaping or color schemes to break up the wall that meets staffs approval. Council member Schiffner requested the two Conditions of Approval also be added to the motion. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN 5 COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (10) Extension of Time for Tentative Tract Map No. 32786 Mayor Magee opened the public hearing at 7:14 p.m. Community Development Director Preisendanz presented the staff report. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:15 p.m. It was moved by Council member Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-208 approving the request for an Extension of Time for Tentative Tract Map No. 32786 for twenty four (24) months or until October 12, 2009. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (11) Residential Desiqn Review No. 2007-13. for Fa<;;ade Improvements to an Existinq Apartment Buildinq Located at 16465 JOY Street (APN 379-132-009) Mayor Magee opened the public hearing at 7:16 p.m. Community Development Director Preisendanz presented the staff report. 6 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:17 p.m. Council member Buckley inquired what type of landscaping was being considered for the project. Community Development Director Preisendanz indicated the applicant was only requesting enhancements for the building. Councilmember Buckley inquired if landscaping for the project would be looked into. Community Development Director Preisendanz noted there was not a particular reason for staff to look at landscaping as far as improvements for the site. He indicated staff felt the improvements to the project warranted a recommendation of approval. Mayor Magee clarified the item was a voluntary improvement on behalf of the property owner to upgrade their existing investment. It was moved by Councilmember Schiffner, and seconded by Council member Kelley to waive further reading and adopt Resolution No. 2007-209 approving Residential Design Review No. 2007-13. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMEMBER BUCKLEY BUSINESS ITEMS (12) Second Readinq - Adoption of Ordinance No. 1238. Amendinq Section 9.96.140 of the Lake Elsinore Municipal Code Reqardinq Use of Hydroplane Vessels 7 It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to waive further reading and introduce Ordinance 1238. ORDINANCE NO. 1238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 9.96.140 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING USE OF HYDROPLANE VESSELS The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (13) 2008/09 CDBG Fundinq Parks and Recreation Director Gonzales presented the staff report. He stated the City is requesting $250,000 allocation of CDBG Funds for the following: City projects: Lake Community Center ($57,500); Machado Park Restroom ($80,000); Code Enforcement Structures Abatement ($50,000); Nuisance Abatement ($25,000) and for Public Service Programs: The Boys and Girls Club ($18,750) and H.O.P.E. ($18,750). Ron Hewison, Executive Director of the HOPE, provided statistics of HOPE's growth and the distribution of meals to citizens of Lake Elsinore, now and in the future. He also outlined those individuals that HOPE is helping. He requested City Council consider the poverty rates in Lake Elsinore. Councilmember Schiffner stated he regrets there isn't more money to allocate for these purposes and more discretion on how the money is allocated. It was moved by Councilmember Schiffner, seconded by Mayor Pro Tem Hickman to adopt the 34th Year Community Development Block Grant (CDBG) Program for Fiscal Year 2008-2009 and approve the submittal of the City's program to the County of Riverside. 8 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (14) Annual Financial Reports for the Fiscal Year endinq June 30, 2007 Administrative Services Director Pressey presented the staff report. City Treasurer Weber complimented Administrative Services Director Pressey on his presentation. He further complimented City Manager Brady for keeping the City's spending down. Councilmember Buckley inquired about the two items that were noted in the letter from the auditor. Administrative Services Director Pressey clarified the auditors issued a management letter for housekeeping issues regarding Investment Reports in accordance with the Government Code. He further noted the letter also touched on security and changing of passwords. It was moved by Council member Schiffner, and seconded by Mayor Pro T em Hickman to receive and file the Annual Financial Reports for the Fiscal Year ending June 30, 2007. The following vote resulted: AYES: MAYOR MAGEE MA VOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE - ABSENT: NONE 9 ABSTAIN: NONE (15) Web Site Replacement Proiect: Authorization to Finalize Scope of Work and Professional Services Aqreement with Vision Internet of Santa Monica. CA IT Supervisor Soto presented the staff report. He noted the City was embarking on a major web site replacement project that was long over due. Tom Johnson, Vision Internet Representative, gave a presentation on their company and the City's future web site. City Treasurer Weber inquired on the security of the site and if anyone has ever been able to hack into one of their sites. Mr. Johnson responded they have not had any recent attempts of anyone trying to hack into their one of their sites. He noted they had full security in place for the sites they host. It was moved by Councilmember Buckley, seconded by Mayor Pro Tem Hickman to authorize the City Manager and/or his designee to finalize a scope of work for the City Web Site replacement project and negotiate a professional services agreement with Vision Internet of Santa Monica, California. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE CALL TO ORDER THE PUBLIC FINANCE AUTHORITY AT 8:14 P.M. ROLL CALL PRESENT: CHAIRMAN SCHIFFNER VICE-CHAIR BUCKLEY MEMBER HICKMAN - MEMBER KELLEY MEMBER MAGEE 10 ABSENT: NONE (16) Joint Discussion - Resolution Authorizinq the Refundinq of Bonds for Community Facilities District No. 88-3 (West Lake Elsinore Public Improvements) Mayor Magee clarified the item would be a joint discussion and all members of the Public Finance Authority were present. Administrative Services Director Pressey presented the staff report. He noted Don Hunt and Dennis Anderson were present and available for questions. He indicated the bond issue would save money for the PFA. It was moved by Council member Kelley, seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007 -210 acting as the Legislative Body of City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore), authorizing the issuance of City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) Special Tax Bonds, 2008 Series and City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) Subordinate Special Tax Bonds, 2008 Series, approving the issuance of the Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (CFD No. 88-3) 2008 Series A, and the execution and delivery of a Fiscal Agent Agreement, Commitment Agreement and Purchase Contracts, Purchase Contract and a Continuing Disclosure Agreement. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Member Kelley, seconded by Vice Chair Buckley to waive further reading and adopt PFA Resolution No. 2007-3 approving the issuance of Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (CFD No. 88-3 Refunding) 2008 Series A in the aggregate principal amount not to exceed $23,000,000; approving an Indenture of Trust, a Purchase Contract, an Escrow Agreement, a Preliminary Official Statement and Commitment Agreement and Purchase Contracts for the purchase of local obligations of the 11 City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore); and taking other actions related thereto. The following vote resulted: AYES: CHAIRMAN SCHIFFNER VICE CHAIR BUCKLEY MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE NOES: NONE ABSENT: NONE ABSTAIN: NONE RECESS THE PUBLIC FINANCE AUTHORITY (17) Request for Support to Desiqnate Old Route US 395 as a Historic Route City Manager Brady presented the staff report. He noted the request had been made by Assemblyman Jeffries. Mayor Magee indicated he had received a letter of support from the Riverside County Historical Commissioner. He noted he had received verbal support from the president of the Lake Elsinore Historical Society. It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to authorize the Mayor to send a letter to Assemblyman Jeffries in support of his proposed legislation to identify Old Route 395 as a Historic Route. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE - ABSTAIN: NONE 12 (18) Re-Orqanization of the City Council Mike Norkin, resident, congratulated Council for a job well done. He thanked Mayor Magee for his vision and leadership. He noted it had been an honor to serve as the PSAC Chairman. Mayor Magee opened the floor for nominations of the office of Mayor. It was moved by Councilmember Schiffner, seconded by Council member Kelley to nominate Council member Kelley for the office of Mayor. It was moved by Councilmember Buckley, seconded by Mayor Pro Tem Hickman to nominate Councilmember Hickman for the office of Mayor. Mayor Magee closed the nomination and directed the City Clerk to conduct a roll call vote. The following roll call vote resulted for Councilmember Kelley for Mayor: AYES: COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: COUNCILMEMBER BUCKLEY COUNCILMEMBER HICKMAN COUNCILMEMBER MAGEE ABSENT: NONE ABSTAIN: NONE City Clerk Munson announced the nomination failed. The following roll call vote resulted for Councilmember Hickman for Mayor: AYES: COUNCILMEMBER BUCKLEY COUNCILMEMBER HICKMAN COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: COUNCILMEMBER KELLEY ABSENT: NONE ABSTAIN: NONE Council member Magee turned the meeting over to Mayor Hickman. 13 Mayor Hickman opened the floor to nominations for Mayor Pro Tem. It was moved by Councilmember Buckley, seconded by Council member Kelley to nominate Council member Kelley for office of Mayor Pro Tem. There being no further nominations, Mayor Hickman closed the nomination and directed the City Clerk to conduct a roll call vote. The following roll call vote resulted for Councilmember Kelley as Mayor Pro Tem: AYES: COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER MAYOR HICKMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSED AT 8:09 P.M. COUNCIL RECONVENED AT 8:17 P.M. PUBLIC COMMENTS Chris Hyland, resident, congratulated Councilmember Hickman on his nomination for Mayor. She noted her concerns with street improvements. She indicated contractors have left numerous potholes on Machado Street. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Farmer's Market, December 13th 2) Community Blood Drive, December 13th 3) Winterfest & Holiday Tree Lighting Ceremony, December 14th 4) Senior Center Winter Wonderland Christmas Party, December 14th 5) Cops 4 Kids event, December 15th CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 14 1) Welcomed back Council member Schiffner. 2) Congratulated all the new officers. 3) Wished everyone happy holidays. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Noted the City did a good job forecasting the budget. 2) Noted Councilmember Magee did a wonderful job as Mayor. CITY COUNCIL COMMENTS Mayor Pro Tern Kelley commented on the following: 1) Congratulated the Elks Club for their successful Christmas Tree Lane. 2) Welcomed back Councilmember Schiffner. 3) Congratulated Mayor Hickman. 4) Stated Council member Magee did a wonderful job as Mayor for the past three years. 5) Wished everyone a Merry Christmas and a Happy New Year. Councilmember Schiffner commented on the following: 1) Congratulated Mayor Hickman. 2) Thanked Council member Magee for doing an outstanding job as Mayor for the past three years. 3) Thanked Mayor Hickman, Council, City staff and residents of Lake Elsinore for their cards and well wishes regarding his recent medical condition. Councilmember Magee commented on the following: 1) Thanked everyone for their compliments and stated it was a team effort. Councilmember Buckley commented on the following: 1) Welcomed back Council member Schiffner. 2) Thanked the City's Librarian, Emily Gerstbacher, for her years of service. 3) Thanked Councilmember Magee for the past three years he has served as Mayor. He stated he did a wonderful job. 4) Wished everyone Happy Holidays. Mayor Hickman commented on the following: 1) Stated Council member Magee did an excellent job as Mayor for the past three years. 15 2) Welcomed back Councilmember Schiffner. 3) Congratulated Councilmember Kelley. 4) Stated he was honored to serve as Mayor. 5) Asked City staff to look into foreclosed homes and to see if there is some way to get the banks or title-holders to be responsible for maintaining the landscaping of foreclosed homes. He noted the dead lawns were blighting the neighborhood. It was moved and seconded to adjourn to a regular meeting on January 8, 2008, at 5:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSENT: NONE Mayor Hickman adjourned the meeting at 8:31 p.m. AT]:;EST: V~ L. ~ VIVIAN MUNSON, CITY CLERK CITY OF LAKE ELSINORE 16