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Home My WebLink About01-27-2015 City Council Minutescity OF A LAKi E LLSJNOK> Dill /.� m FXi it i- .+.ti1:. Tuesday, January 27, 2015 CALL TO ORDER - 7:00 P.M. City of Lake Elsinore Meeting Minutes City Council STEVE MANOS, MAYOR BRIAN TISDALE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITY MANAGER 7:00 PM Mayor Manos called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Tim Fleming led the Pledge of Allegiance. ROLL CALL LAKE- ELSINORE.ORG (951) 674 -3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Council Member Johnson, Council Member Magee, Mayor Pro Tem Tisdale, and Mayor Manos ABSENT: Council Member Hickman Cultural Center Also present: City Manager Yates, City Attorney Leibold, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Community Services Director Skinner, Planning Manager MacHott, Police Cpt. Hollingsworth, Fire Cheif Barr, and Deputy City Clerk Giron. CLOSED SESSION REPORT - None PRESENTATIONS / CEREMONIALS Certificate of Recognition of Claudia Davis Mayor Manos presented a certificate of recognition to Claudia Davis for 20 years of service to the City of Lake Elsinore. City of Lake Elsinore Page 1 City Council Meeting Minutes January 27, 2015 Business of the Year - Outlet Mali Mayor Manos presented a plaque for Business of the Year to Michael Garner, Athena Property Management President; Jennifer Sulpizio, General Manager; and Jeffrey Lochner, Athena Property Management Vice President in recognition of their business, the Outlet Mall. PUBLIC COMMENTS Karie Reuther, Director of Community Affairs Outreach for Live Lake Elsinore invited the public to an Open House on Wednesday, January 28th at 6:30 p.m. to be held at the Boys and Girls Club. CONSENT CALENDAR 1) ID# 14-422 Approval of Minutes Attachments: CC Minute Report CC Minutes 1 -13 -2015 It is recommended that the City Council approve the Minutes as submitted. 2) ID# 14-423 Warrant List Dated December 11 & 24, 2014 and January 15, 2015 Attachments: Citv Staff Report 1 -27 -15 Warrant Summary City 12 11 14 Warrant 12 11 14 City Warrant Summary City 12 24 14 Warrant 12 24 14 City Warrant Summary City 01 15 15 Warrant 01 15 15 City It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on December 11 & 24, 2014 & January 15, 2015. 3) ID# 14-424 City Investment Report for December 2014 Attachments: City Investment Staff Report 2014- 12.pdf Investment Report CITY 20 j_4-_l Staff recommends that the City Council receive and file the City Investment Report for December 2014. City of Lake Elsinore Page 2 City Council Meeting Minutes January 27, 2015 4) ID# 14-425 Sales and Use Tax Analsyis Attachments: Sales Use Tax Staff Report 012115 Sales Use and Transactons Tax Records Resolution 012115 HDL Sales & Use Tax Agreement Adopt Resolution No. 2015 -006 Authorizing Examination of Sales, Use and Transactions Tax Records for Hinderliter, de Llamas & Associates; and Approve the Agreement for Sales, Use and Transaction Tax Audit Information Services and authorize the City Manager to execute the agreement subject to any minor modifications approved by the City Attorney. 5) ID# 14.426 Fiscal Year 2014 -15 Mid -Year Operating Budget Status Report - General Fund Attachments: 2014 -15 Mid -Year Budget Report fnal Staff recommends that the City Council approve the Fiscal Year 2014 -15 Mid -Year Operating Budget, as reflected and adjusted in the Exhibits. Motion by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, to approve the Consent Calendar, passed by unanimous vote as follows: AYES Council Member Johnson, Mayor Pro Tern Tisdale, Council Member Magee, and Mayor Manos NOES None ABSENT: Council Member Hickman ABSTAIN: None PUBLIC HEARING(S) 6) ID# 14-427 Development Agreement by and between the City of Lake Elsinore and Mohr Affinity. LLC (Lake Elsinore Outlet Center) Attachments: Outlet Center DA -CC staff report 1 -27 -15 vicinity map attachment to Staff Report Outlet Center DA - PC reso Outlet Center DA - CC ordinance 1 -27 -15 Mohr Affinity Development Agreement 012115 It is recommended that the City Council conduct a public hearing, waive further reading and introduce by title only ORDINANCE NO. 2016.1330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND MOHR AFFINITY, LLC (LAKE ELSINORE OUTLET CENTER). City or Lake Elsinore Page 3 City Council Meeting Minutes January 27, 2015 Mayor Manos opened the Public Hearing at opened at 7:12 p.m. Community Development Director Taylor provided an overview of the staff report, Development Agreement and recommendation to Council. Mayor Manos called for public comments; no public comments were received. Mayor Manos closed the Public Hearing at 7:19 p.m. Council Member Johnson asked if the drive -thrus meant fast food options for the proposed three (3) separate pads? Jeffery Lochner responded that they are just trying to build in some flexibility to show potential tenants. Council Member Johnson asked where the Park and Ride would be relocated. Mr. Lochner answered that the Park and Ride would be moved closer to the freeway. Council Member Johnson stated that Studio 395 would like to provide some inspiration and that, EVMWD also had concerns with water restrictions. Mr. Lochner said that it is their intension to incorporate art from Studio 395 in their design. Council Member Magee expressed that he is impressed and appreciates the execution of the vision. He asked when would the monument bridge sign application be submitted to Caltrans? City Engineer Allision responded that staff is in the process. Council Member Magee asked what was staff waiting on. City Engineer Allison responded that staff is finishing the plans for placement of the square sign on the curvature of the bridge and will set a meeting with Caltrans to review the plans to ensure that everything is acceptable. Council Member Magee asked if the City could commit to the community that construction would be underway by March. City Engineer Allison answered in the affirmative. Motion by Council Member Magee, second by Council Member Johnson, to waive further reading and introduce by title only ORDINANCE NO. 2015 -1330. Mayor Manos commented that this development is a good example for the development community to see a solution where everyone benefits. Mayor Manos read and introduced by title only ORDINANCE NO. 2015 -1330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND MOHR AFFINITY, LLC (LAKE ELSINORE OUTLET CENTER). Deputy City Clerk Giron conducted the roll -call vote and the motion passed unanimously as follows: AYES Council Member Magee, Council Member Johnson, Mayor Pro Tern Tisdale, and Mayor Manos NOES None ABSENT: Council Member Hickman ABSTAIN: None City of Lake Elsinore Page 4 City Council Meeting Minutes January 27, 2015 7) ID# 14-428 Consistency Zoning Project - Phase V, Zoning Code Amendment No. 2013 -02 - Amend Chapter 17.20 of the Lake Elsinore Municipal Code by Replacing the "(L) Lakeshore Overlay District" with a New "L Lakeshore Zoning District"; and Zone Change No. 2014 -06, Known as the Consistency Zoning Project, Phase V, Change the Zoning of Various Parcels in the Lake Edge District of the City to Zones Consistent with the General Plan Designations Therein Attachments: ZC 2014 -06 CZP Ph V -CC Staff Report - 1 -27 -15 CC Ordinance for ZCA 2013 -02 for L Lakeshore Zone CZP Ph V 1 -27 -15 Exhibit A - Proposed Lakeshore L District Ord REVISED by PC CC Ordinance for ZC 2014 -06 CZP Ph V - 1 -27 -15 Exhibit 6 CZP Ph V Lake Ede District - 3 areas November 2014 Exhibit C CZP Lake Edge District Area 1 November 2014 Exhibit D Lake Edge District Area 2 Revised 11 -10 -14 Exhibit E CZP Lake Edge District Area 3 November 2014 PC Staff Report CZP Phase V Nov 18 2014 ZC 2014 -04 CZP Ph V Memo 11 -18 -14 Reso APN and L Zone changes PC Minutes Excerpts from Nov 18 2014 The Planning Commission recommends that the City Council take the following action: 1.) Conduct the public hearing and Introduce by title only and waive further reading: Ordinance No. 2015 -1331 An Ordinance of the City of Lake Elsinore, California, Approving Zoning Code Amendment No. 2013 -02, An Amendment to the Lake Elsinore Municipal Code, Title 17, Chapter 17.20, Replacing the "(L) Lakeshore Overlay District' with a New "L Lakeshore Zoning District' as Part of the Consistency Zoning Project - Phase V; and 2.) Introduce by title only and waive further reading: Ordinance No. 2015.1332 An Ordinance of the City of Lake Elsinore, California, Approving Zone Change No. 2014 -06, Known as the Consistency Zoning Project - Phase V, Amending the Official Zoning Map, Changing the Zoning of Various Parcels in the Lake Edge District of the City to Zones Consistent with the General Plan Designations Therein. Mayor Manos opened the Public Hearing at opened at 7:26 p.m. Planning Manager MacHott provided an overview of the Consistency Zoning Project - Phase V and staffs recommendation. Mayor Manos called for public comments. City of Lake Elsinore Page 5 City Council Meeting Minutes January 27, 2015 Len Nelson, Murrieta resident, stated that he owns six (6) lots on the lake and asked if the City had plans to install sewers along the Lake. City Manager Yates stated that Elsinore Valley Municipal Water District (EVMWD) provides sewer services and that they are in the process of updating their Master Plan, and that they will be coming forward with a draft of the Plan by the end of April as a five -year Capital project. He offered that as the Water District moves forward, there will be a public input process and staff will pass that information on. Mr. Nelson asked if that area is zoned for commercial or mixed zoning. Planning Manager MacHott responded that under the existing zoning there are a few parcels that have a narrow strip of neighborhood commercial frontage on Lakeshore Drive and those parcels are primarily designated for recreational use. The new zoning includes permitted use restaurant and other limited types of commercial. Planning Manager MacHott responded that if an application is proposing restaurant or hotel they would have to submit an application which might be a design review or conditional use permit, but that the property would not have to be rezoned. Council Member Magee explained that under the new chapter, there is an opportunity to apply for a restaruant or a commercial use. It will depend on the intensity of the use whether or not it is a development review or plot plan application vs a conditional use permit. The new code amendment will allow for more flexibility for private property owners to explore other alternatives for their property. Mr. Nelson asked if there will be mixed use under the new code amendment. Council Member Magee responded in the affirmative. Paul Castagno, County resident and owner of property on Lakeshore Drive, requested that the amendment to the ordinance include that recreational camping will continue to be allowed and transferable to family. Community Development Director Taylor explained that campgrounds will require a conditional use permit and overnight camping will require a temporary use permit. Director Taylor also explained that there is a provision with the ordinance if the property is Willed to family or a trust and is not viewed as ownership that would trigger a conditional use permit. Mr. Castagno stated that under municipal code 17.20.040 specifies the permitted uses, but it does address that families are allowed to overnight camp on their private properties. Council Member Johnson asked for clarification that overnight camping is not a concern at the point. Director Taylor responded in the affirmative and explained municipal code 17.20.070 addresses overnight camping. A person can obtain a no fee permit four (4) times a year at fourteen (14) days at a time. Mr. Castagno is grandfathered in and he would be allowed to continue overnight camping provided he does not expand, intensify, or sell the property; but if the properly is sold, the new owner has to get a conditional use permit. Director Taylor also explained that there are regulatories for vacant lots at the Lake. Deputy City Clerk Gir6n announced that one email was received regarding this Agenda item which was distributed to the Council with no request to be read into the record. No further public comments were received. Mayor Manos closed the Public Hearing at 7:45 p.m. City of Lake Elsinore Page 6 City Council Meeting Minutes January 27, 2015 Council Member Magee thanked staff, the Planning Commission, and property owners for all their work. Motion by Council Member Magee, second by Mayor Pro Tisdale, to waive further reading and introduce by title only ORDINANCE NO. 2015 -1331. Mayor Manos asked if you can build on the lots? Community Development Director Taylor responded in the affirmative, but there are challenges. The lots are buildable with the portions of the lots that are above the flood plain. Mayor Manos read the title of ORDINANCE NO. 2015 -1331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ZONING CODE AMENDMENT NO. 2013 -02, AN AMENDMENT TO THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17, CHAPTER 17.20, REPLACING THE "(L) LAKESHORE OVERLAY DISTRICT' WITH A NEW "L LAKESHORE ZONING DISTRICT' AS PART OF THE CONSISTENCY ZONING PROJECT PHASE V. Deputy City Clerk Gir6n conducted the roll -call vote and the motion passed unanimously as follows: AYES Council Member Magee, Mayor Pro Tem Tisdale, Council Member Johnson, and Mayor Manos NOES None ABSENT: Council Member Hickman ABSTAIN: None Motion by Council Member Magee, second by Council Member Johnson, to waive further reading and introduce by title only ORDINANCE NO. 2015 -1332. Mayor Manos read the title of ORDINANCE NO. 2015 -1332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2014- 06,KNOWN AS THE CONSISTENCY ZONING PROJECT - PHASE V, AMENDING THE OFFICIAL ZONING MAP, CHANGING THE ZONING MAP, CHANGING THE ZONING OF VARIOUS PARCELS IN THE LAKE EDGE DISTRICT OF THE CITY OF ZONES CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS THEREIN. Deputy City Clerk Gir6n conducted the roll -call vote and the motion passed by unanimous roll -call vote as follows: AYES Council Member Magee, Council Member Johnson, Mayor Pro Tern Tisdale, and Mayor Manos NOES None ABSENT: Council Member Hickman ABSTAIN: None APPEAL(S) - None City of Lake Elsinore Page 7 City Council Meeting Minutes January 27, 2015 BUSINESS ITEM(S) Mayor Manos announced the joint City Council and Public Financing Authority Business Agenda Item. PFA Chair Johnson called the Public Financing Authority meeting to order at 7:50 p.m. 8) ID# 14-429 Adoption of Resolution by the City Council Acting as the Legislative Body of Community Facilities District No. 2006 -1 (Summerly) in Connection with the Issuance of Special Tax Bonds by Such Community Facilities District for Improvement Area B; and Adoption of Resolution by the Public Financing Authority in Connection with the Issuance of Special Tax Bonds by the Aforementioned Community Facilities District Attachments: Lake Elsinore CFD 2006 -1 (Summerly) Staff Report CITY RESOLUTION SUMMERLY IA B 2015 SERIES AUTHORITY RESOLUTION ( SUMMERLY IA B) 2015 SERIES bond purchase agreement continuing disclosure agreement DOCSOC- #1679988- v5- Preliminary Official Statement Lake._Elsin ore PFA CFD 2006 -1 (IAB) 1.) City: Adopt City Resolution No. 2015.007 Approving the execution and deliver of a bond purchase agreement and continuing disclosure agreement, and authorizing the taking of other actions related to the issuance of bonds of Community Facilities District No. 2006 -1 for Improvement Area B; and 2.) Public Finance Authority (PFA): Adopt Resolution No. PFA - 2015.002 Approving the official statement and approving the execution and delivery of a bond purchase agreement and continuing disclosure agreement, and authorizing the taking of other actions related to the issuance of bonds of the PFA. Administrative Services Director Simpson provided the staff report and recommendation to both the City Council and Public Financing Authority. Motion by Mayor Pro Tem Tisdale, second by Council Member Magee, to adopt City Resolutlon No. 2015 -007 approving the execution and deliver of a bond purchase agreement and continuing disclosure agreement, and authorizing the taking of other actions related to the issuance of bonds of Community Facilities District No. 2006 -1 for Improvement Area B, moved by unanimous vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Magee, Council Member Johnson, and Mayor Manos NOES Noes ABSENT: Council Member Hickman ABSTAIN: None City of Lake Elsinore Page 8 City Council Meeting Minutes January 27, 2015 Motion by Authority Member Manos, second by Authority Member Magee, to adopt Resolution No. PFA- 2015 -002 approving the Official Statement and approving the execution and delivery of a Bond Purchase Agreement and Continuing Disclosure Agreement, and authorizing the taking of other actions related to the insurance of bonds of the PFA, passed by unanimous vote as follows: AYES : Authority Member Manos, Authority Member Magee, Authority Member Tisdale, and Chair Johnson NOES None ABSENT: Vice Chair Hickman ABSTAIN: None PUBLIC COMMENTS - None CITY MANAGER COMMENTS - None 9) ID# 14-430 City Departmental Monthly Reports Attachments: Monthly CITY ATTORNEY COMMENTS City Attorney Leibold congratulated Community Services Manager Davis on her retirement and stated that she will be missed. CITY COUNCIL COMMENTS Council Member Johnson congratulated Community Services Manager Davis on her retirement and thanked her for her 20 years of service to the City. She congratulated Mohr Affinity, LLC for being recognized as Business of the Year. Council Member Johnson thanked City Treasurer Baldwin and the Budget Subcommittee for their assistance on the City budget. She congratulated Staff for doing a great job on the budget. She announced the Planning Commission recruitment and applications are available at the City Clerk's Office. Council Member Johnson announced the passing of Larry Middlebrook and offered her thoughts and prayers to the Middlebrook Family. City of Lake Elsinore Page 9 City Council Meeting Minutes January 27, 2015 Council Member Magee offered his prayers to the to the Middlebrook Family for their loss. He thanked staff, the Budget Subcommittee, and Chamber of Commerce of their work on the mid -year budget. He recognized Administrative Services Director Simpson, City Manager Yates, and the Economic Subcommittee for their hard work on the mid -year budget. He expressed his appreciation for the update on the deposit accounts for the development community. Council Member Magee recognized Dave Oster, President of the Storm Stadium for being recognized by the Press Enterprise as the number 6 sports figures in the Inland Empire; his efforts of the Storm Stadium ownership; and their continued community involvement. He congratulated Council Member Zaits on his appointed to the Canyon Lake City Council. Council Member Magee asked City Manager Yates if the City has received any applications or letters of intent to build a hospital or 4 -year university. City Manager Yates said no applications have been filed. Council Member Magee stated that the City Council would embrace these type of facilities and are waiting for the private sector to step forward and submit legitimate applications for these types of facilities. Mayor Pro Tem Tisdale concurred with City Treasurer Baldwin's comments that staff is fine tuned and thanked them for their great work. He also acknowledged Administrative Services Director Simpson, Police Cheif Hollingsworth, Fire Cheif Barr, and City Manager Yates for all their hard work. Mayor Pro Tem Tisdale stated that they were going to miss Community Services Manager Davis and wished her the best in her retirement. Mayor Manos congratulated new businesses HJT Machine Shop and Sign Center and welcomed them to the City. He also congratulated Community Services Manager Davis on her retirement and thanked her for hard work. Mayor Manos stated that he was impressed with staffs participation with the City's budget and acknowledged City Manager Yates, Community Services Director Simpson, City Treasurer Baldwin, and Council Member Johnson. Mayor Manos reported that on his ride along with the Fire Cheif Barr was a great experience. He commented that during his ride along he recognized difficulties to navigate around medians and traffic. He asked that the Public Works Department find new ways to consider long medians that create problems when planning new communities within the City. Mayor Manos acknowledged Council Member Magee for engaging the business community in the business license process. Mayor Manos adjourned the meeting in honor of Larry Middlebrook. ADJOURNMENT Mayor Manos adjourned the meeting in memory regularly scheduled meeting to be held on Tuesc Diana Ciron, Q put ity"Clerk City or Lake Elsinore Page 10 ebrook at 8:10 p.m. to the next 10, 2015, at 7:00 p.m. Mayor