HomeMy WebLinkAbout12-10-2013 City Council MinutesMINUTES
CITY COUNCIL
REGULAR MEETING
CITY OF LAKE ELSINORE
EVMWD BOARDROOM, 31315 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, DECEMBER 10, 2013
CALL TO ORDER 5:00 P.M.
Mayor Magee called the meeting to order at 5:02 p.m.
ROLL CALL
PRESENT: Mayor Magee
Mayor Pro Tern Johnson
Council Member Hickman
Council Member Manos
Council Member Tisdale
Also present: City Attorney Leibold, City Manager Yates, and City Clerk Bloom.
PUBLIC COMMENT
None
CITY COUNCIL CLOSED SESSION
(1a) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section 54957.6)
City negotiator: City Manager Grant Yates
Employee organization: Lake Elsinore Chapter of Laborer's International Union of
North America, Local 777
(1b) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Gov't Code § 54956.9)
Castle & Cooke Lake Elsinore West, Inc. v. City of Lake Elsinore
Superior Court Case No. MCC 1301756
(1c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov't Code Section 54956.8)
Property: APN #370 - 120 -045
Agency negotiator: City Manager Yates
Negotiating parties: City of Lake Elsinore and Richard Kane & Darlene Ryan
Under negotiation: Price and terms of payment
Regular City Council Minutes Page 2 of 10
Meeting of December 10, 2013
(1d) CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov't Code Section 54956.8)
Property: APN #374 - 172 -013
Agency negotiator: City Manager Yates
Negotiating parties: City of Lake Elsinore and Charles Sawyer
Under negotiation: Price and terms of payment
City Attorney Leibold announced that the City Council would be meeting in Closed Session
to discuss Agenda Item Nos. (1a) through (1d).
The City Council recessed into Closed Session at 5:03 p.m.
CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore
Mayor Magee reconvened the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor Pro Tenn Johnson led the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Magee
Mayor Pro Tem Johnson
Council Member Hickman
Council Member Manos
Council Member Tisdale
Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Acting Finance
Manager Lassey, Lake, Parks, & Recreation Director Kilroy, Interim Public Works Director
Eskandari, Planning Manager MacHott, Management Analyst Dailey, Police Chief Kennedy -
Smith, Fire Chief Barr, and Deputy City Clerk Gutierrez.
CLOSED SESSION REPORT
City Attorney Leibold announced that the City Council met in Closed Session to discuss
Agenda Item Nos. (1 a) through (1d) with no reportable action taken.
PRESENTATIONS / CEREMONIALS
Mayor Magee and Megan Clynes with the office of Assemblywoman Melendez presented a
Certificate of Recognition to David Hillyer.
PUBLIC COMMENTS — NON -AGENDIZED ITEMS —1 MINUTE
Paulie Tehrani, resident, thanked Mayor Magee for doing a great job. She also complimented
the City Council for their change and improvement this past year and for their willingness to
listen to the residents.
Regular City Council Minutes
Meeting of December 10, 2013
Page 3 of 10
Sharon Gallina, resident, spoke regarding the email she received from the City of Lake
Elsinore regarding Pacific Aggregate's night noise on Lake Street. She requested that the
City keep an open case on Pacific Aggregate through the coming summer.
CONSENT CALENDAR
Council Member Tisdale request to pull Agenda Item No. 7 from the Consent Calendar for
discussion.
(2) Approval of Minutes
Recommendation: It is recommended that the City Council approve the Minutes of the
Regular City Council Meeting of November 12, 2013.
(3) Warrant List dated November 14 and 21, 2013
Recommendation: It is recommended that the City Council of the City of Lake Elsinore
receive and file the Warrant List dated November 14 and 21, 2013.
(4) A Resolution of the City of Lake Elsinore Approving Transfer of Watermark
Apartments to Providence North Lake Apartments LLC and Approving and
Authorizing the Execution and Delivery of Related Documents
Recommendation: It is recommended that the City Council adopt Resolution No.
2013 -065, a Resolution of the City of Lake Elsinore approving transfer of Watermark
Apartments to Providence North Lake Apartments, LLC, and approving and
authorizing the execution and delivery of related documents.
(5) Receive and File the Annual Special Tax Levy Report for the City's Community
Facilities Districts for Fiscal Year 2013 -14
Recommendation: It is recommended that the City Council receive and file the annual
special tax levy report for the City's Community Facilities districts for Fiscal Year (FY)
2013 -14.
(6) First Amendment to License Agreement — Alberhill Ranch Sports Park
Recommendation: It is recommended that the City Council approve the First
Amendment to License Agreement and authorize the City Manager to execute the
document.
(8) Lake Elsinore Municipal Code Waiver for Wild Wild West BBQ Championship at La
Laguna Resort & Boat Launch
Recommendation: It is recommended that the City Council Waive Lake Elsinore
Municipal Code section 9.28.030 Furnishing Alcoholic Beverages in Public for the
proposed Wild Wild West BBQ Championship Special Event, subject to compliance
with all other conditions for the event as approved by the City Manager.
Regular City Council Minutes Page 4 of 10
Meeting of December 10, 2013
(9) Memorial Tree Planting and Plaque for Community Garden at Rosetta Canyon Park
Recommendation: It is recommended that the City Council approve memorial plaque
for the tree planted at the Community Garden.
(10) Award of Contract to Urban Crossroads for City Traffic Model Update
Recommendation: It is recommended that the City Council authorize the City Manager
to execute a professional services contract with Urban Crossroads to update the
current City -wide Traffic Model that was developed in 2009 as part of the City's
General Plan Update. The agreement would also include three one year extensions
to the contract with Urban Crossroads to provide on -going modeling support updates.
(11) Approval of CDBG Supplemental Agreement for 2013 -2014 Program Year
Recommendation: It is recommended that the City Council authorize the Mayor to
execute the supplemental agreement with the County of Riverside for the use of
Community Development Block Grant funds.
(12) Professional Service Contract with Environmental Science Associates (ESA) — For
Preparation of CEQA Compliance Documents for the Project Known as the "Walmart
Retail Center" (Commercial Design Review No. 2013 -08; Conditional Use Permit Nos.
2013 -06, 2013 -07, 2013 -08 and 2013 -09)
Recommendation: It is recommended that the City Council authorize the City Manager
to enter into a contract with Environmental Science Associates (ESA) to prepare the
CEQA compliance documents for the Walmart Retail Center Project (Commercial
Design Review No. 2013 -08; Conditional Use Permit Nos. 2013 -06, 2013 -07, 2013-
08 and 2013 -09) in an amount not to exceed $196,485.00.
(13) Commercial Design Review No. 2013 -10 - A Request for the Approval of an 18'x60'
Roof Over the Existing Carwash Tunnel for the Canyon Hills Chevron Gas Station
located at 25361 Railroad Canyon Road
Recommendation: It is recommended that the City Council adopt Resolution No.
2013 -066 a Resolution of the City Council of the City of Lake Elsinore, California.
Approving Commercial Design Review No. 2013 -10; A Request for the Approval of an
18'x60' Roof over the Existing Carwash Tunnel for the Canyon Hills Chevron Gas
Station Located at 25361 Railroad Canyon Road.
(14) Final Map 36115 -1, Pardee Homes
Recommendation: It is recommended that the City Council: (A) approve Final Map
No. 36115 -1 subject to the City Engineer's acceptance as being true and correct; (B)
authorize the City Clerk to sign the map and arrange for the recordation of Final Map
No. 36115 -1; and (C) authorize the City Manager to sign the subdivision agreement.
Regular City Council Minutes
Meeting of December 10, 2013
(15) Final Map 36116 -1, Pardee Homes
Page 5 of 10
Recommendation: It is recommended that the City Council: (A) approve Final Map
No. 36116 -1 subject to the City Engineer's acceptance as being true and correct; (B)
authorize the City Clerk to sign the map and arrange for the recordation of Final Map
No. 36116 -1; and (C) authorize the City Manager to sign the subdivision agreement.
(16) Sign License Agreement with 7- Eleven, Inc.
Recommendation: It is recommended that the City Council approve the 7- Eleven Sign
License Agreement and authorize the City Manager to execute the Agreement subject
to any minor modifications approved by the City Attorney.
Motion by Council Member Manos, seconded by Mayor Pro Tern Johnson, to approve the
Consent Calendar, less Agenda Item No. 7, passed by unanimous vote.
CONSENT ITEMS PULLED
(7) Award Landscape Maintenance Services Contract for Parks Beaches & Facilities
Recommendation: It is recommended that the City Council: (A) Award the contract
for Landscape Maintenance Services of Parks, Beaches and Facilities to SoCal Land
Maintenance, Inc. in the annual amount of two- hundred and fifty- thousand, seven -
hundred and ten dollars ($250,710); and (B) Authorize the City Manager to execute
the contract documents.
Council Member Tisdale stated that he wants to ensure that the services specified in the
contracts to maintain the parks throughout the City are upheld. Lake, Park, and Recreation
Director Kilroy responded in the affirmative.
Motion by Council Member Tisdale, seconded by Council Member Hickman, to award the
contract for Landscape Maintenance Services of Parks, Beaches and Facilities to SoCal
Land Maintenance, Inc. in the annual amount of two - hundred and fifty- thousand, seven -
hundred and ten dollars ($250,710); and authorize the City Manager to execute the contract
documents, passed by unanimous vote.
PUBLIC HEARING(S)
(17) General Plan Amendment No 2013 -03 Correcting the Boundaries of the East Lake
Specific Plan on the General Plan Land Use Map Figure 2.1A, in the East Lake
District to Include Existing Residential Subdivisions South of Skylark Drive North of
Corydon East of Union Street and along both sides of Palomar Street; and
General Plan Amendment No 2013 -04 Correcting Various Land Use Designations
on the General Plan Land Use Map Figure 2.1A in the Lake View District to
Accurately Reflect Existing Single Family Residential Subdivisions and Property
Currently Zones "R -1 Single Family Residential' as "Low- Medium Density
Residential;" Property Owned by the Riverside County Parks and Open Space District
Regular City Council Minutes
Meeting of December 10, 2013
Page 6 of 10
as "Open Space" Property Owned by the Elsinore Valley Municipal Water District as
"Public /Institutional" and Existing Apartments as "High Density Residential;" and
Zone Change No. 2013 -04, Known as the Consistency Zoning Protect Phase III
Changing the Zoning of Various Parcels in the East Lake, North Peak and Lake View
Districts of the City to Zones Consistent with the General Plan Designations therein.
Recommendation: It is recommended that the City Council:
A.) Adopt Resolution No. 2013 -067; Resolution of the City Council of the City of
Lake Elsinore, California, Approving General Plan Amendment Nos. 2013 -03
and 2013 -04, Cleanup Amendments as Part of the Consistency Zoning Project,
Phase III; based on the Findings and as shown on Exhibits 'A' through 'C.'
B.) Waive further reading and introduce by title only: Ordinance No. 2013 -1320
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING ZONE CHANGE NO. 2013 -04, KNOWN AS THE
CONSISTENCY ZONING PROJECT - PHASE III, AMENDING THE OFFICIAL
ZONING MAP, CHANGING THE ZONING OF VARIOUS PARCELS IN THE
EAST LAKE, NORTH PEAK AND LAKE VIEW DISTRICTS OF THE CITY TO
ZONES CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS
THEREIN, by roll call vote.
Mayor Magee opened the public meeting at 7:10 p.m. Planning Manager MacHott provided
an overview to Council. No public comments were received. Mayor Magee closed the public
hearing at 7:15 p.m.
Motion by Council Member Manos, seconded by Mayor Pro Tem Johnson, to adopt
Resolution No. 2013 -067; Resolution of the City Council of the City of Lake Elsinore,
California, Approving General Plan Amendment Nos. 2013 -03 and 2013 -04, Cleanup
Amendments as Part of the Consistency Zoning Project, Phase III; based on the Findings
and as shown on Exhibits 'A' through 'C, passed by unanimous vote.
Council Member Manos moved, seconded by Council Member Hickman, to waive further
reading and introduce by title only Ordinance No. 2013 -1320.
City Clerk Bloom read the title of ORDINANCE NO. 2013 -1320, ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE
CHANGE NO. 2013 -04, KNOWN AS THE CONSISTENCY ZONING PROJECT - PHASE III,
AMENDING THE OFFICIAL ZONING MAP, CHANGING THE ZONING OF VARIOUS
PARCELS IN THE EAST LAKE, NORTH PEAK AND LAKE VIEW DISTRICTS OF THE CITY
TO ZONES CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS THEREIN, upon
a roll call vote, the motion passed unanimously.
(18) A Resolution 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 -2
(Canyon Hills), Authorizing the Issuance of City of Lake Elsinore Community Facilities
District No. 2003 -2 (Canyon Hills) Special Tax Bonds, 2014 Series A (Improvement
Regular City Council Minutes
Meeting of December 10, 2013
Page 7 of 10
Area D) Approving the Issuance of the Lake Elsinore Public Financing Authority Local
Agency Revenue Bonds (Canyon Hills IA D) 2014 Series A and the Execution and
Delivery of a Fiscal Agent Agreement a Commitment Agreement and Purchase
Contract for Purchase and Sale of Local Obligation Bonds, a Purchase Contract and
a Continuing Disclosure Agreement
A Resolution of the Board of Directors of the Lake Elsinore Public Financing Authority
Approving the Issuance of Lake Elsinore Public Financing Authority Local Agency
Revenue Bonds (Canyon Hills IA D) 2014 Series A in the Aggregate Principal Amount
Not to Exceed $8,000,000 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 a Purchase Contract and a Commitment Agreement and
Purchase Contract for the Purchase and Sale of Local Obligation Bonds of the City of
Lake Elsinore Community Facilities District No. 2003 -2 (Canyon Hills) and Taking
Other Actions Related Thereto
Recommendation: It is recommended that:
City Council: Adopt City Resolution No. 2013 -068 authorizing issuance of the
bonds and bond documents.
PFA: Adopt PFA Resolution No. 2013 -03 authorizing issuance of bonds and bond
documents.
Mayor Magee opened the public hearing at 7:17 p.m.
Public Financing Authority Chairman Manos called the Authority meeting to order at 7:18
p.m. and noted all Authority members present. This Agenda item was heard concurrently
with the City Council and Public Financing Authority.
Acting Finance Manager Lassey introduced Dennis Anderson, tax consultant with Harris &
Associates. Mr. Anderson provided an overview to Council. No public comments were
received. Mayor Magee closed the public hearing at 7:20 p.m.
Council Member Tisdale moved, seconded by Council Member Hickman, to adopt City
Resolution No. 2013 -068 authorizing issuance of the bonds and bond documents, passed
by unanimous vote.
Motion by Authority Member Hickman, seconded by Authority Vice -Chair Tisdale, to adopt
PFA Resolution No. 2013 -03, passed by unanimous vote (Note: The PFA Resolution was
miss - numbered in the Agenda packet and has been corrected by the City Clerk to be
Resolution No. PFA- 2013 -004).
APPEAL(S)
101re a
Regular City Council Minutes
Meeting of December 10, 2013
BUSINESS ITEM(S)
Page 8 of 10
(19) Ordinance of the City Council of the City of Lake Elsinore California, amending Lake
Elsinore Municipal Code, Title 2 CHAPTER 2.46 PUBLIC SAFETY ADVISORY
COMMISSION
Recommendation: It is recommended that the City Council:
A. Waive further reading and introduce by title only Ordinance No. 2013 -1317 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
AMENDING LAKE ELSINORE MUNICIPAL CODE, TITLE 2, CHAPTER 2.46 OF
THE LAKE ELSINORE MUNICIPAL CODE PUBLIC SAFETY ADVISORY
COMMISSION: and
B. Direct staff to complete the recruitment to fill the four existing vacancies on the
Commission and to consider all applications on file as of December 31, 2013; and
C. Designate the Chairperson of the Commission for the period ending June 30,
2015.
Management Analyst Dailey provided an overview to City Council.
Mayor Pro Tern Johnson asked if the 11 applications that were previously submitted would
be acknowledged. Management Analyst Dailey responded the 11 applications for the Public
Safety Advisory Commission would all be considered.
Council Member Tisdale thanked staff for their work on revising the proposed Ordinance.
Council Member Manos also thanked staff, Commissioner Stewart and Council Member
Tisdale for their work on revising the Ordinance.
Council Member Manos moved, seconded by Mayor Pro Tern Johnson, to waive further
reading and introduce by title only Ordinance No. 2013 -1317.
City Clerk Bloom read ORDINANCE NO. 2013 -1317, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING LAKE ELSINORE MUNICIPAL
CODE, TITLE 2, CHAPTER 2.46 OF THE LAKE ELSINORE MUNICIPAL CODE PUBLIC
SAFETY ADVISORY COMMISSION, upon a roll call vote, the motion passed unanimously.
Council Member Manos moved, seconded by Mayor Pro Tern Johnson, to direct staff to
complete the recruitment to fill the four existing vacancies on the Commission and to consider
all applications on file as of December 31, 2013; and designate the Chairperson of the
Commission for the period ending June 30, 2015, the motion passed by unanimous vote.
(20) Annual Reorganization of the City Council to select the Mayor and Mayor Pro Tern
Recommendation: It is recommended that the City Council yield the chair to the City
Clerk to open the nomination process for the office of Mayor, receive nominations,
close the nominations and conduct a roll call vote; then the newly selected Mayor will
Regular City Council Minutes
Meeting of December 10, 2013
Page 9 of 10
assume the chair and open the nomination process for the office of Mayor Pro Tem,
receive nominations, close the nominations and conduct a roll call vote.
Mayor Magee yielded the floor to City Clerk Bloom. City Clerk Bloom opened the floor for
nominations for Mayor. Council Member Tisdale nominated Mayor Pro Tem Johnson for
Mayor. No other nominations were received. City Clerk Bloom closed the floor for
nominations and the motion passed by unanimous vote.
Council Member Tisdale thanked Mayor Magee for all his hard work and efforts. He also
stated that Mayor Magee was always accessible and got things done.
Council Member Manos stated that Mayor Magee ran great meetings and was a great
figurehead for the City as well as a historian and good speaker.
Council Member Hickman thank Mayor Magee for his service to the City.
Mayor Johnson opened the floor for nominations for the office of Mayor Pro Tem. Council
Member Tisdale nominated Councilman Manos for Mayor Pro Tem. No other nominations
were received. Mayor Johnson closed the nominations and motion passed by unanimous
vote.
PUBLIC COMMENTS — NOWAGENDIZED ITEMS — 3 MINUTES
None
CITY MANAGER COMMENTS
City Manager Yates announced that the Winterfest was a success and wished everyone a
happy and safe Holiday Season.
CITY ATTORNEY COMMENTS
City Attorney Leibold thanked Council for a wonderful year and said that it had been a
pleasure serving with all of them. She congratulated Mayor Johnson, thanked Council
Member Magee, and wish Council a Merry Christmas.
CITY COUNCIL COMMENTS
Mayor Pro Tem Manos thanked staff for their work on the Winterfest event. He announced
the CHIP (City Home Improvement Program) is now accepting applications. Mayor Pro Tem
Manos congratulated Mayor Johnson and thanked Council Member Magee for supporting
him as Mayor Pro Tem. He wished everyone a Merry Christmas and prosperous New Year.
Council Member Hickman congratulated Mayor Johnson and Mayor Pro Tem Manos. He
stated that the Winterfest was a success and wished everyone a Merry Christmas. He also
stated that the 395 Studio Art Festival was a success.
Regular City Council Minutes Page 10 of 10
Meeting of December 10, 2013
Council Member Tisdale congratulated Mayor Johnson and thanked her family for their
support. He also thanked staff for their work on the Winterfest event and the police
department for their presence and participation. Council Member Tisdale spoke regarding
the closing of the fire station in Canyon Lake and encouraged the public to contribute
solutions to keep that fire station open. He wished everyone Happy Holidays.
Council Member Magee asked staff to modify the Electronic Device Policy. He also
recognized Interim Public Works Director Eskandari and City Manager Yates for their hard
work and efforts in finding $1 million that will help with the environmental review of the
Railroad Canyon interchange. Council Member Magee pointed out that the position of the
Mayor is not ceremonial, but an honor and privilege to serve this community as Mayor. He
added that the position is about direction, vision, and leadership that needs the confidence
and support of the colleagues. Council Member Magee stated that the Council has selected
Mayor Johnson, because they are confident of her service to this community and a position
that she has earned.
Mayor Johnson thanked staff for their hard work at the Winterfest event and Council Member
Magee for his service as Mayor. She stated that Mayor Magee set a high bar for those who
will serve after him. Mayor Johnson stated that she hoped to be as much a contribution to
the City as former Mayor Magee. She thanked everyone for the honor of selecting her as
Mayor and her friends and family for supporting her.
Council Member Magee announced that the meeting will be closed in honor of Geraldine
Arce - Paull, Cheryl Graham, and Bill Staples.
Peter Dawson, member of the Lake Elsinore Marine Search and Rescue (LEMSAR), read a
poem written by Kenneth Howard in honor of Bill Staples and presented slide show.
Jack Wamsley, stated that he and Bill Staples were friends for 60 years and served together
in the fire department. Mr. Wamsley also shared a story about Mr. Staples.
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Mayor Johnson adjourned the meeting at 7:53 p.m. to the next regularly scheduled meeting
to be held on Tuesday, January 14, 2014, at the Elsinore Valley Municipal Water District
(EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore, California.
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