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HomeMy WebLinkAbout05-12-2009 City Council Minutes Page 1 of 22 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES May 12th, 2009 CALL TO ORDER i j Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, May 12th, 2009 to order at 5:00 p.m. in the Culture Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding a Closed Session item. CLOSED SESSION (1A) CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE § 54956.96) Discussion will concern: Conference with real property negotiator: Property - APN 370-060-050 southeast of Corydon/west of Mission Trail Agency negotiator - Dean Deines Negotiating parties - Animal Friends of the Valleys and Elsinore Valley Municipal Water District Under negotiation - Price/terms/Conditions of Payment Name of local agency representative on Joint Powers Agency Board: Councilman Thomas Buckley I f Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 2 of 22 (1 B) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: 1 potential case (1 C) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code § 54957.6) City Negotiator: City Manager Robert Brady i Employee Organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 7:00 P.M. REGULAR MEETING OF THE CITY COUNCIL i RECONVENE THE MEETING PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Mayor Magee. I INVOCATION - MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLL CALL All Councilmembers except Councilmember Buckley were present as noted by City Clerk Thomsen who declared a quorum was present. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley. 1 Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, Information / Communications Manager Dennis. i I i i i Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 3 of 22 CLOSED SESSION REPORT City Attorney Leibold gave a brief overview of the Closed Session items stating Council met at 5:00 p.m. for discussion and stated there was no reportable action for each item. City Attorney Leibold stated Parks and Recreation Director Gonzales acted on behalf of Councilmember Buckley in his absence. PRESENTATIONS / CEREMONIALS Mayor Magee called Eagle Scout Jonathan Lawrence Sandberg and his family to the podium and presented him with a Proclamation to recognize his achievement. The Mayor gave an overview of the honor, stating he began scouting as a Cub Scout of Pack 30 in Lake Elsinore in 1998 when he was seven years old. He received his Eagle Scout Award in August 2008. The Mayor noted importance and the difficulty it takes to achieve this award. Eagle Scout Sandberg's project consisted of a letter writing campaign for troops in Iraq and Afghanistan called "Operation Gratitude." Jonathan used his leadership skills and inspired others to participate by giving over 100 hours of his time by forming a plan, organizing a presentation, giving speeches to other Boy and Cub Scout troops, along with hand-on training on how to write a letter of appreciation and thanks. He also received donations of gifts and money, and completed his project with over 200 letters. Jonathan accepted the City's Proclamation and thanked the Mayor and "all of the other Big Shots." His father thanked the community for supporting the Boy Scout organization. Public Works Director / City Engineer Seumalo, and Public Works Manager Bill Payne were called to the podium by Mayor Magee to accept a Proclamation to recognize National Public Works Week. The Mayor thanked them for all of the hard work the Public Works and Engineering Department performs to help Lake Elsinore operate. Director Seumalo and Mr. Payne both stated it is a pleasure and they are proud to serve the community. They thanked their crew for their effort and hard work. Jared Dever from the Northwest Mosquito Abatement & Vector Control District gave a presentation of the services the Vector Control District provides for the Lake Elsinore community. He noted the service area of the Vector Control District covers 240 square miles and 500,000 residents. He specifically addressed the pro-active approach which is being taken regarding the West Nile virus; misquote abatement and their ability to track and monitor with their new GIS system. Mayor Magee thanked Mr. Dever for his concern in keeping the residents educated regarding these matters and advised the community to use the District's services; since it is paid by their taxes and therefore is free to all residents in need. Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 4 of 22 Fill PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Thomas Vose representing the City's Public Library spoke informing the Council of recent happenings and the plans for the summer. The classes planned for the summer are: Resume and job interviews, Financial classes targeted toward teenagers, Bias in the Media conducted by a representative from CSPAN, Golden State Paranormal-hunting ghosts, and job positions. Mr. Voce noted they have a job board which has advertisements for many government and local jobs for those interested. He stated June will be the summer reading program. He also noted there had been a recent break-in and a computer had been stolen. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR - APPROVED i I (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Joint Study Session - Agenda Review City Council / Redevelopment Agency - March 24, 2009 (b) Regular Meeting of the City Council - March 24, 2009 (3) Warrant List Dated April 30, 2009 Recommendation: Authorized payment of Warrant List dated April 30, 2009. (4) Claim Against the City Recommendation: Rejected the Joann Stewart claim and directed the City Clerk's Office to send a letter informing the claimant of the decision. (5) Implementation and Administration of New 'Disadvantaged Business Enterprises' (DBE) Goals Recommendation: Requested the Clerk's office to submit the completed Implementation Agreement to CALTRANS District Local Assistance Engineer (DLAE) for their approval. Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 5 of 22 (6) Communications Site Lease Agreement - McVicker Park Recommendation: Authorized the City Manager to sign the Communications Site Lease Agreement and all necessary documents to finalize the Agreement with Royal Street Communications to install a wireless cellular tower and equipment enclosure at McVicker Park. MOTION was made by Councilmember Bhutta, second by Mayor Pro Tem Melendez and unanimously carried to approve the Consent Calendar as recommended. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. PUBLIC HEARING(S) (7) Tentative Parcel Map No. 36017 and Residential Design Review No. 2007-12 for a Project Identified as "Lakeshore Villages" APPROVED Recommendations: (1) Adopted a Resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (2) Adopted a Resolution approving Tentative Parcel Map No. 36017. (3) Adopted a Resolution approving Residential Design Review No. 2007-12. Public Comments regarding Item No. 7: Mayor Magee opened the Public Hearing at 7:21 p.m. and invited Acting Community Development Director Weiner to give an overview of the project. Mr. Weiner gave an overview of the project stating the applicant was present also. Dick Knapp stated he still had concerns regarding the project although he as previously spoken to Mr. Weiner and to the Planning Commission. He stated there was 30 feet of the Street called Allis which he cannot locate in the proposed project and stated the units did not appear to have enough parking, there would be 128 units and parking was allotted for 1.5 spaces per unit. He stated Gunnison Street was improved, however it warrants a traffic signal and is too narrow of an entrance without a turn-around. Mr. Knapp stated the adjoining property should be used for this project due to the density of the units, 17 units per acre. He stated he had questioned the funding of the project but had yet to receive an answer, and Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 6 of 22 asked if the project was built for low income families funded by the Redevelopment Agency. City Attorney Leibold stated the project does qualify as a low income' project; however the applicant has not contacted the Redevelopment Agency to request funding. She noted there may be future dialogue regarding financing which could fall under GAPP funding, but nothing has been discussed to date. Mayor Magee requested Acting Community Development Director Weiner and Director Seumalo to come forward to respond to Mr. Knapp. Mr. Weiner stated the 30 feet right away of Allis Street was not incorporated into the project; the City did not vacate this street. He stated the parking met the minimum standard allowed. Director Seumalo noted due to the absence of a gate, a turn-around was not required; those wishing to turn around would do so within the project driveways. Director Seumalo stated a traffic signal was required as Condition of Approval No. 41. Mayor Magee responded to Mr. Knapp regarding the density, stating the adjoining property owner did not wish to sell his property. Elbert Smith approached the Council stating he was the property owner of the referenced adjoining property and he does not wish to sell his property at this time. He stated he supported where the evacuation exit of the property was, and thanked the Council for their support of the evacuation process. Mr. Smith stated he supports the project although he stands firm with his decision not to sell his land. There being no further speakers, Mayor Magee closed the Public Hearing at 7:31 p.m. to continue the discussion by the Councilmembers. Mayor Pro-Tem Melendez thanked everyone for their support and for working together and stated unfortunately the parking does meet the minimal standard. Councilman Hickman asked if the applicant was responsible for the roads and questioned the tapering of the road at the businesses already there. Mr. Weiner stated there was a 10 foot transition at the entrance. Councilmember Bhutta stated her concern was answered by Mr. Smith regarding the Evacuation plan. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta. I I Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 7 of 22 City Attorney Leibold noted staff had provided a substitute Resolution revising Section No.5 and Section No. 6.1.4 regarding the MSHCP. The Motion was restated to reflect this. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to adopt Resolution No. 2009-16 adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Councilmember Hickman, second by Mayor Pro Tem Melendez and unanimously carried to adopt Resolution No. 2009-17 approving Tentative Parcel Map No. 36017. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to adopt Resolution No. 2009-18 approving Residential Design Review No. 2007-12. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. (8) Mitigated Negative Declaration No. 2008-10, General Plan Amendment No. 2008-01, Zone Change No. 2008-02, and Commercial Design Review No. 2008-09 for a project identified as 'Lake Street Market Place' APPROVED Recommendation: Adopted a Resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (1) Adopted a Resolution adopting Mitigated Negative Declaration No. 2008-10. (2) Adopted a Resolution approving General Plan Amendment No. 2008-01. ~i (3) Approved the introduction and first reading of an Ordinance approving Zone Change No. 2008-02, and waived further reading. Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 8 of 22 i (4) Adopted a Resolution approving Commercial Design Review No. 2008-09. Public Comments regarding Item No. 8: I j Mayor Magee opened the Public Hearing at 7:35 p.m. and invited Acting Community Development Director Weiner to give an overview of the project. Mr. Weiner highlighted the history of the project stating the project located at the corner of Lake and Mountain Streets in the northern portion of our City. He stated there has been community involvement from the local residents and gave an overview of each step of the project. He stated there have been neighborhood meetings and the project was before the Planning Commission several times. An approval of recommendation by the Planning Commission was by a 3 to 2 vote. He stated the site is approximately 4 acres and approximately 35,000 square feet of commercial space is proposed. The applicant has requested a Zone Change and a General Plan Amendment, two entitlement requests, from Residential to Commercial. Mr. Weiner referenced other recent zone changes, in the Rosetta area and the Classic Pacific projects off of Riverside and Grand Avenues; however he noted these zone changes were from commercial to residential. He noted the applicant was present. Mayor Magee reminded the public this subject has been passionate for many of the residents in the community and requested all speakers and those in the audience to conduct themselves with decorum and respect for the public process and for the other speakers. He then invited Mr. George McDonough to the podium. George McDonough stated in reference to the project, no construction, (either residential or commercial should be done on Lake Street until road improvements are made. He noted the landowner, Castel & Cooke knew the property was zoned Residential when they purchased the property 2 to 3 years ago and questioned why the property owner felt so adamant they could purchase the land and have the zoning changed. Mr. McDonough stated road improvements needed to be completed on Lake Street before any construction is done, however Castle & Cooke would not commit to this until they could build and sell approximately 200 more homes approximately 2 to 3 years from now. Mr. McDonough questioned why someone would consider building a shopping center and not intend to improve the road for several years. He further stated when the project was before the Planning Commission several times, the Planning Commissioners had concerns regarding the project too, yet they found ways to advance the project against staff's recommendation and finally approved the project. Mr. McDonough quoted several of the Planning Commissioner's negative statements regarding the project. Mr. McDonough stated the group; "Voters Against the Lake Street Market Place" canvassed the neighborhoods and stores and obtained over 300 signatures against Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 9 of 22 the project and few in favor, noting these petitions had been previously turned into the City Clerk. He noted, the developer, Mr. Garrison when addressing the Council on April 28th, requested the Council to consider their petitions with a grain of salt. He ended his public comment by quoting Planning Commissioner Jimmy Flores, stating "the residents of this town come first." Araceli Jimenez stated she too is a member of the group; "Voters Against the Lake Street Market Place" and is opposed to the project. She referenced Council's concern regarding a proposed Storage Center on Corydon Street regarding traffic, yet questioned their concern of Lake Street. She noted the Sherriffs Department reports 75 traffic incidents in 2008 on Lake Street and suggested re-stripping in front of the proposed project. She noted the Boys and Girls Club was close to this area and students are present on the street. Ms. Jimenez suggested the property owner, Castel & Cooke's Mr. Tomlinson who built the Alberhill residential area, owns commercial property there and recommended he build the shopping center there for the Alberhill residents who want commercial development in their area. She further stated the only one who would benefit from this project was the developer. Sally Smith stated she lives near the proposed area and does not want a shopping at the proposed location. She stated many residents of Alberhill want the center due to their convenience since it would not affect their neighborhood with either noise or traffic. She also stated a shopping will attract not only adults, but children too, which without road improvements is unsafe. Ms. Smith stated she is not against progress when it is needed, such as improving the lake, but not adding a shopping center when you have to change the zone from residential to commercial when the residents are opposed. Brian Oakes stated one of his main concerns is with the General Plan zoning change, noting this type of change should be brought before the entire City. He stated the way it is being handled now is sliding a commercial zone change into a residential neighborhood in one area leaving only the people in that area of the City to respond. If this zoning change would wait until the General Plan is up for amendment, the community as a whole would have a say regarding proposed future zoning. He further stated there are too many empty commercial areas within the City. Mr. Oakes noted the proposed project does not include connecting itself to the rest of the area with sidewalks and drainage, which would be demanded if a residential project were to be built at the same location. He asked the Council to re-think the process regarding the way this project has been handled, and to consider the resident's request. He again recommended if a zone change were to be proposed, it should be addressed with the General Plan, not just one neighborhood. I Janna Vicario spoke stating she is opposed to the use of residential property for commercial building. She stated the petition signed by the residents of over Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 10 of 22 200 signatures reflects the majority of the residents there. She stated if the shopping center were built, traffic would increase; people will take short cuts through neighborhood streets to avoid the congestion on Lake Street and Grand. She stated many children play outside in neighborhoods and this would become a safety issue. She further commented she has heard from many different people in the City stating it doesn't matter what those in this housing tract who are directly affected want. The decision is already made, and hearing that, she stated if this was accurate it would be truly sad. She noted if a builder from Newport Beach is more important than the citizens of Lake Elsinore, the Council should remember it is the citizens who vote. William Covell stated other speakers before him addressed the children and traffic. j He stated he was not aware where each Councilmember lived, but asked them to consider if this were their neighborhood how would they react? He asked them to consider this when they cast their vote. I Misty Ford stated she walks her children to school and crosses Lake and Mountain Streets. She stated she is not the only one; many parents do this because they are already concerned with the traffic issues of the area. She noted she lived in Lake Elsinore, moved away and then back because she missed the small town atmosphere. Now, putting commercial and residential together takes away the dream of the community and requested the Council to remember the communities' request. Tamara Fenner spoke stating she is a minority, she supports the project. She would be happy not to have to drive two miles to get milk, noting change is always good, it's a fact of life, along with traffic, noting eventually the road improvements will be made as needed. Renee Cummings noted she has addressed the Council several times in the past and her message hasn't changed, she supports the project. She stated she is not alone she represents others as well. She feels this progress will bring positive attributes to the communities of Alberhill and Lakeside and the surrounding communities. Lindsey Haggard spoke stating although she is a young person; she would live near the project and hopes to be able to obtain a job close to her home, rather than further away. She noted finding a job further is dependent upon transportation, and having something closer to home would bring her an opportunity, not only for her, but also for others. Sam Alhadeff stated he represented the developer who would like to build the center. He commended the City's staff and the Planning Commission and those who spoke in support of the project. Mr. Alhadeff stated he felt he needed to I respond to some of the comments that were made previously. He stated he has Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 11 of 22 ~j heard Ms. Jimenez speak at the Study Session and then at the Council meeting and stated he has in the past and will again extend relocation for her family during the construction phase of the project; specifically the grading activities so that they would have the opportunity to not have concerns about her husband's health, should the project be approved. Mr. Alhadeff further discussed various ways to properly grade stating these methods would be used. He also addressed a misconception regarding a project which was previously referenced which happened in 1993 is entirely dissimilar to this one which is proposed. The 1993 project consisted of approximately 18 acres, was a condominium project and was going to have a Kentucky Fried Chicken drive-thru. The third issue he addressed was the letter brought to the Council's attention during the Study Session before the meeting by Attorney Ray Johnson regarding environmental issues, specifically grading and air quality concerns and trips generated from material hauling. Mr. Alhadeff stated liquefaction was also addressed by another independent consultant, a geo-technical firm, Latent Consulting. He noted the developer hired an independent consultant to address and respond to issues and all issues were considered. Mr. Alhadeff stated the traffic engineer was present if the Council has any questions related to traffic issues. Carol Aranellon spoke stating she was an original owner at Lake Terrace noting she has been following this project closely. She noted at election time when campaigns were taking place, she stated she believed those who said the City can grow and still be a small city. She believes that this means there should not be a strip mall on all corners for the convenience of families. She reminded all at one point a historical home was located there which was vandalized by indigents. She noted this is what is currently happening to empty strip malls, and asked why Council would agree residential property should be rezoned to commercial for the purpose of pleasing a landowner and developer. She addressed other changes in the past of the local neighborhood such as the removal of the citrus trees. She asked the Council to consider the protection of the residential neighborhood. Paul Trembly spoke stating his house faces where the proposed strip mall will be. He stated when he was purchasing his home; he spoke to the developers to verify the zoning was residential, and signed a disclaimer stating he was aware commercial would be at the bottom of the hill, not within the neighborhood. He addressed his concern of how many children play outside and the traffic conditions. He noted he does not want to look at a strip mall and their lights at night, let alone the fact of the current economy and property values dropping. There being no further speakers, Mayor Magee closed the Public Hearing at 8:18 p.m. to continue the discussion by the Councilmembers. r( Councilmember Hickman stated this is a City in transition, and he has been working I with Castle & Cooke trying to get a four-year University on the corner of Temescal Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 12 of 22 i r Canyon and Lake Street. He stated he sees the growth. He addressed the concerns regarding the air quality stating we have strict adherence to the air quality standards due to the Air Quality Management District (AQMD) noting his concern is for the health benefit of all of our citizens in that area. He questioned Mr. Weiner regarding the proposed changes to the General Plan in that area, especially from Mountain to Running Deer Road on Lake, if it is scheduled per the General Plan to become commercial? Mr. Weiner confirmed yes, that is what the proposed General Plan would state at this point. Councilmember Hickman then questioned if everybody who builds in that commercial area would be responsible for developing their side of Lake Street? Mr. Weiner confirmed yes, typically, that is what would occur. Councilmember Hickman further stated the way the City gets a lot of streets paved and developed is through the developer's because the city is having a difficult time with the budget for next year. He further stated he is at a quandary stating heart goes out to the people. Councilmember Bhutta stated she feels for all of those who are in opposition of the project, yet she sees the other side of the supporters too. She stated the residents do come first and she will continue to state that, however she has spoken with many of the residents. She noted most of them have stated they wanted more retail and more restaurants. She stated this project could satisfy both of those needs. She agreed with Councilmember Hickman, she too is finding this a difficult decision, yet there have been several similar zone changes in regard to the General Plan, both commercial to residential and residential to commercial, yet that is another issue. She stated she has not yet decided, but wants to do what is right for the people. Councilmember Hickman questioned Mr. Weiner regarding Page 29 of the City's staff report regarding the placement of trees; asking if the City places trees at 25 feet instead of 30 feet? Mr. Weiner replied, stating, on one project it was at 40 feet, but should have been held to 30 feet. Councilmember Hickman then noted the applicant will pay cash in lieu for the construction of the median. Mayor Magee noted the public process began in January, when the project was before the Planning Commission. He stated he received calls, emails, videos, recordings and DVDs and spent a lot of time reading, listening, and watching all of this. He stated there has been much testimony since the opposition to the project has been at basically every meeting since January 26th to show that they are not in support of the project. Mayor Magee then stated he has heard an equal number of people indicate they are in support of the project, which makes this decision extremely difficult. He continued to state the decision is not any easier especially when the builders first came to town and were told, this community is very sensitive to commercial development, noting the developer needed to do public outreach first. r He stated they didn't do that. It was their failure and that is why we are where we I l are today, with extra public meetings with members of the Council on Saturdays or afternoons listening to the community regardless if they were for or against the Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 13 of 22 project, trying to get their fingers on the pulse. The Mayor stated he comes back to the biggest impact, which is on the transportation system, and requested to hear the improvements proposed. He stated he would like Lake Street to be addressed should this project be approved so he could better understand the terms of the lanes, stripping, and driveways. He stated he is concerned with the safety for the motorist and the pedestrians. Mayor Magee requested this information from Public Works Director Mr. Seumalo. Director Seumalo stated the Engineering Division reviewed the project which required a traffic study, which the City's traffic engineer reviewed. There were comments, which went back and forth, as all projects do. He noted Staff does feel the project is safe, traffic impacts are within standards. Although there will be impacts, the improvements required mitigate them. Mr. Seumalo first addressed the impacts on Mountain Street. Mountain Street is cleaner; the project is required to build full half widths street improvements, curb, gutter, and sidewalk. The stripping will be a left turn pocket as you are going towards Lake Street. A two way left turn stripping, which means once you're in that lane you can turn left or right, which is intended to provide storage for Ginger Root Way as you're going away from Lake Street. The driveway onto Mountain Street is a full left right in and out and is aligned with Ginger Root Way. Originally, there was an offset, which would have been acceptable, but we did push the issue for alignment and the applicant did step up and align that street. Mayor Magee had questions regarding Mountain Street. Staying on Mountain Street i at the intersection of Ginger Root Way, as you continue into the existing neighborhood on the unimproved side there is a storm drain that is significantly deteriorating. He then stated the road bed on Mountain is deteriorating and failing and asked if the project is approved tonight, will this improvement be made? Director Seumalo stated the area the Mayor is referring to is part of the street improvement City staff will review, he could not confirm the road would be fixed and drainage corrected at this location due to the approval of the project. The developer is only required to pay an area drainage fee, but the boundary of the project did not extend to that location. Mayor Magee suggested Senate Bill 821, which provides funds to install sidewalks as part of the Children Safe to School Program, and questioned if this Senate Bill could apply to the unimproved area along Mountain Street. Mayor Magee then addressed Lake Street stating during his campaign he was constantly questioned when Lake Street would be improved. He stated he told it would be November, in November, he was told January, in January he was told i March, in March he was told in June. He directly questioned Director Seumalo when I Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 14 of 22 the improvement would be done, noting the curb has already been graded and set up. Director Seumalo responded, stating the strict answer is the project is required to build it at certain occupancy, stating he has been told the same dates and deferred to the developer. Mayor Magee requested Mr. Tomlinson from Castle & Cooke to come to the podium to respond. Mr. Tomlinson stated Castle & Cooke are currently going back to request a re-bid from the three contractors who originally bid the project and hope to be in construction within the third quarter of this year and to be completed before the rain starts in October. Mayor Magee requested confirmation from Mr. Tomlinson of an exact date, which was provided, October 15`h, 2009. Mayor Magee further noted part of the concern the residents discussed was the General Plan not coming forward first. For the residents, we approved the contract for the General Plan in January 2005 with an 18 month contract. It is now three years later. The Mayor noted he is frustrated stating it is a disservice to the residents and property owners of this valley because it was not done on time or in a timelier manner. The Mayor stated staff has now picked up the ball and is doing the work and promised this will be completed late summer. Mayor Magee addressed the issue of tax revenue which Mr. McDonough referenced by stating he doesn't believe this is a zero sum, stating if we build something we'll be taking away from something else. Every year the population increases and there is more business to draw from. The Mayor stated he is very torn regarding this project; it has kept him awake at night knowing this day was coming. He stated no matter which way the vote goes, people are going to leave unhappy and discouraged with the public process, not pleased with the action of their Council. He then stated no matter which way the vote goes he reminded the public he and all of the Councilmembers and staff have spent countless hours listening to the testimony, researching, going out to the site, doing their best to come up with what he believes is the right decision for the community. He again acknowledged the decision may not be something everyone agrees with. I Mayor Pro Tern Melendez addressed several comments made earlier. In response to Mr. McDonough and taking business away from other stores, she stated that is not how business operates. Business may spread out; some may choose to go to r Stater Bros., some to Fresh & Easy, and some to other stores. She further noted the City has a responsibility to provide for all of the community members, not just a certain area. There are those who state the City needs more amenities on this side i Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 15 of 22 i of town and then there are those who state please, no more development, which is a very tough balance. Mayor Pro Tern Melendez further stated she believes there is going to be a benefit to this community if this development is approved. She noted one young lady spoke of having a job opportunity and others need these opportunities as well. She noted there is the convenience of having a store closer to home. Mayor Pro Tern Melendez stated decisions need to be based upon what each Councilmember thinks is right, not on what vote they may or may not receive. She addressed the safety of the children noting crossing the street and going to school is paramount. Referencing the traffic study, she stated the traffic engineer spoke at the last meeting and the issues were addressed. She stated no one wants to see a child or anyone get hurt crossing the street just for the sake of being able to go to the market a little closer to home. She noted California has driven away nearly 1 million dollars in business in the last decade and it very difficult for business in this state. Sales tax is what pays the bills and pays for the officers who keep our neighborhoods safe. The revenue this City brings in pays for Fire Fighters, staff, repair work of the roads, and removal of graffiti. Mayor Pro Tern Melendez addressed Ms. Jimenez, stating she was aware of how she feels about this development, stating she had received her emails and written letters. She stated Mayor Magee pointed it out very well by stating one particular piece of property can not be held hostage and encouraged her to reconsider Mr. Garrison's offer if the project passed tonight. Mayor Pro Tem Melendez then thanked everyone who has come in support and in opposition, stating thank you, although everyone may not be in agreement, but this is how the public process is supposed to work, how government is supposed to run. You have to let us know how you feel and nobody should be afraid to do that, you should always speak up and say what's on your mind and let your local officials know how you feel. She then stated she would make the motion to adopt a Resolution, adopting the Findings that the project is consistent with the MSHCP. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009-19 adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009-20 adopting Mitigated Negative Declaration No. 2008-10. Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 16 of 22 it I City Attorney Leibold stated the motion needed to include additional wording to state the Mitigated Negative Declaration would incorporate the errata pages. The motion was restated. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009-20 adopting Mitigated Negative Declaration No. 2008-10 which would incorporate the errata pages. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009-21 approving General Plan Amendment No. 2008-01). City Attorney Leibold stated the motion needed to include additional wording, which is in the response to the comments on the Ray Johnson; noting a complete discussion on Page 18 of that matrix, which is Page 92 of your staff report. There we show two projects that were recently approved the City results in a net increase of residential development of 258 units and that is with the 20 units that would j otherwise be lost on the subject property. The Resolution approving the General Plan Amendment references recent annexed properties that have also been designated as residential with a no net loss finding that we have more than sufficient land residentially designated to meet our regional fair share requirements. But if you could include in the motion an incorporation of the more complete discussion in the matrix we will amend the Resolution accordingly. The motion was then restated: MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009-21 to include Staff Report Page No. 92 approving General Plan Amendment No. 2008-01). AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Hickman and unanimously carried to introduce and waive further reading of an Ordinance approving Zone Change No. 2008-02). The City Clerk took a roll-call vote. I I Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 17 of 22 AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Mayor Pro Tom Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009-22 approving Commercial Design Review No. 2008-09). AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. Passed and adopted the following Resolutions: "Resolution No. 2009-19 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP)." "Resolution No. 2009-20 - A Resolution of the City Council of the City of j r, Lake Elsinore, California, adopting Mitigated Negative Declaration No. 2008-10 which would incorporate the Errata Pages." "Resolution No. 2009-21 - A Resolution of the City Council of the City of Lake Elsinore, California to include Staff Report Page No. 92 approving General Plan Amendment No. 2008-01). "Resolution No. 2009-22 - A Resolution of the City Council of the City of Lake Elsinore, California, approving Commercial Design Review No. 2008-09)." Passed and approved the introduction of an Ordinance: "Ordinance No. _ - Introduced and waived the first reading of an i Ordinance of the City Council of the City of Lake Elsinore, California, approving Zone Change No. 2008-02). Several minutes were taken to allow members of the audience to leave the Council f chambers who where present for the items determined. I Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 18 of 22 APPEAL(S) None. I i BUSINESS ITEM(S) i (9) Lake Elsinore Municipal Code Waivers for National Jet Boat Association Special Event -APPROVED Recommendation: Waive the Lake Elsinore Municipal Code sections listed below for the proposed National Jet Boat Association Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. Waive Lake Elsinore Municipal Code Sections: 9.96.120 Boat Speed Limits 9.96.200 Motorboat Noise 8.40.040A Alcohol is prohibited in City parks 9.28.030 Furnishing alcoholic beverages in public 8.40.060E Lake Use Pass I Director of Lake and Aquatics Kilroy gave an overview of the National Jet Boat i Association history of using Lake Elsinore in March 2009 and their desire to return for another special event with modified changes. He stated they are back for a sequel on May 30 and 31, 2009 for an event titled "Thunder in the Channel II." The event would start at 7:30 a.m. and end each day at dusk. Director Kilroy stated March was such a success records were set including revenue. The fiscal impact expected will be from $4,000. to $7,000. from boat launching, parking, Lake usage passes and spectator parking fees. This revenue would be received by the City. It is anticipated 100 boats per day are expected to compete. He also stated in March the highlight was a top alcohol-hydro boat that ran 223 m.p.h. and is expected to compete again. He noted representatives from the Jet Boat Association would be available for any questions. Mayor Pro Tern Melendez inquired who was responsible for clean up. Director I Kilroy responded the city requests a security deposit and requires the organizers to clean up around them. She requested local food venders be given the opportunity to participate and requested this language be paced in the Agreement. Mayor Magee requested who local vendors should contact if they were interested in participated, noting the Chamber of Commerce would also support this request. j Director Kilroy stated this request could be addressed in the Conditions of Approval. I Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 19 of 22 ~l Mike Finnegan, volunteer on the Jet Boat Association Board of Directors came forward stating that they were very excited about last year and this years event. He stated Tony Trafton would be coordinating the bulk of the food and beverages, who has provided the food the last time. He also stated last year they included the local vendors and would be doing the same this year if they were interested. Event flyers were given to Kim Cousins (President of Lake Elsinore's Chamber of Commerce) tonight for the purpose of handing to the local businesses. Those interested could contact Tony Trafton or Kim Cousins. Mr. Finnegan stated their intent is to return revenue to the City regardless of any if additional language in included or not in the Agreement. Vendor approval was currently being handled as each application was received. Mr. Finnegan invited all of the council members to attend this year's event and he hoped for better water this time. Mayor Magee inquired if the event sponsor was going to be Lucas Oil again? It was J noted they will be a product sponsor only. The Mayor stated Lucas Oil had a spot j on local TV and it would be advantageous if the event could be on his show, the Speed Zone. I Ken Simonds, President of the Jet Boat Association, came forward and responded r, that filming was done at the last race in March and would be shown on his TV show soon, however this race was short notice and although it was in discussion, there were no guarantees they would be able to film this race. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to waive the Lake Elsinore Municipal Code Sections 9.96.120, 9.96.200, 8.40.040A, 9.28.030, 8.40.060E for this special event only, and to include local vendors per their request. j AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. (10) Second Reading - of an Ordinance to Amend Section 16.83.040. Part 'A' of the Lake Elsinore Municipal Code Regarding the Transportation Uniform Mitigation Fee (TUMF) -'APPROVED Recommendation: Adopted an Ordinance presented for Second Reading I 4 I I Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 20 of 22 ~I MOTION was made by Mayor Pro Tom Melendez, second by Councilmember Bhutta and unanimously carried to adopt Ordinance No. 1263 to amend Section 16.83.040, Part 'A' of The Lake Elsinore Municipal Code regarding the Transportation Uniform Mitigation Fee (TUMF). AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. Passed and approved the second reading of Ordinance No. 1263: "Ordinance No. 1263 - An Ordinance of the City Council of the City of Lake Elsinore, California amending and restating Section 16.83.040, PartA of the Lake Elsinore Municipal Code regarding the Transportation Uniform Mitigation Fee (TUMF)." (11) Fiscal Year 2008 2009 Third Quarter Budget Report APPROVED Recommendation: Received and Filed. i Acting Administrative Services Director Riley gave an overview of the Third Quarter Budget. He reviewed highlights of the General Fund for 2008 - 2009 offering no budget recommendations. Mr. Riley gave a brief review of the two Landscape and Lighting Maintenance Districts (LLMD) stating there have been increases related to electricity and water, however the City is limited to the amount they can I increase. He noted the Public Works staff has worked extremely hard at not going in the red and has reduced services in some areas, such as landscape to cut costs. Mr. Riley noted these changes have allowed the City to stay in the black and not go into the red to contribute the City to stay within the proposed budget. He noted the City will be able to stay within budget this Fiscal Year and keep within their strategies due to the previous adjustment recommendations taken at mid year. He stated a full report would be forthcoming. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. i Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 21 of 22 CITY MANAGER COMMENTS Wednesday Java Jive May 13 8 am - 10 am Flour Fusion 951-245-8848 Anna or Matt Thursday Grand Re-opening May 14 12 pm Guadalajara Mexican Grill Friday Golf with Cops for Kids May 15 7:00 am The Links at Summerly Golf Course For information: 951-245-3389 Tom Thomas tomthomas@copsforkidsinc.org Saturday King of the Cage May 16 6:00 pm The Diamond For information: 951 245-4487 The Storm Wednesday Cops for Kids - Tips for Kids at Chili's May 20 5 pm - 9 pm Chili's Lake Elsinore Marketplace For information: 951 532-6327 Thursday Economic Workforce Development Committee (EWDC) May 21 11:30 am - 1:00 pm Lake Elsinore Diamond Club Friday Laughter is the Best Medicine May 22 12 pm Lake Elsinore Senior Center For information: 951 674 2526 Saturday U.S. Armed Services- Red, White and Blue Car Show May 23 The Diamond For information: 951 245-4487 Joe Martinez CITY ATTORNEY COMMENTS None. Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 22 of 22 COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilmember Hickman stated he took his wife to Trevi's Entertainment Center for a Sunday Breakfast Buffet which was very nice. He stated that he learned they do this every Sunday and invited others to attend. He stated the Boat races would be great, and at the speeds they reached last time, they should consider hiring a Air Traffic Controller. He invited all to attend the event. Councilmember Hickman stated the attended the NAACP event along with Riverside County Supervisors Bob Buster and Jeff Stone along with Mayor Magee stating it was an awesome event. Councilmember Bhutta requested everyone to continue to shop locally and to vote in the Special Election to be held on Tuesday, May 19th, 2009. ADJOURNMENT There being no further business to come before the Council, Mayor Magee adjourned the meeting at 9:10 p.m. The City Council of Lake Elsinore will adjourn to the ne regular meeting to be held on Tuesday, May 26, 2009, at 5:00 p.m. to be hel n t Cu r I Center located at 183 N. Main Street, Lake Elsinore, CA 92530. obert E. Mage ayor City of Lake Els ore, California j Attest: Debora Thomsen, CIVIC, City Clerk, City of Lake Elsinore, California---` I I_! i