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Home My WebLink AboutID# 14-565 Approval of Minutes 4-14-2015REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Virginia J. Bloom, City Clerk DATE: May 12, 2015 SUBJECT: Approval of Minutes Recommendation It is recommended that the City Council approve the Minutes as submitted. Discussion The following minutes are submitted for approval: a. Regular City Council meeting of April 14, 2015 b. Regular City Council meeting of April 28, 2015 Prepared by: Diana Gir6n Deputy City Clerk Approved and Submitted by: Virginia J. Bloom City Clerk Approved by: Grant Yates City Manager Attachment: Draft Minutes of April 14, 2015 Draft Minutes of April 28, 2015 LAKE C LSl l`i( ]1ZL Tuesday, April 14, 2015 CALL TO ORDER 6:00 P.M. City of Lake Elsinore LAKGELSINORE.ORG (951)674 -3124 PHONE CULTURAL CENTER 103 N. MAIN STREET Meeting Minutes LAKE E92530 ,CA City Council STEVE MANOS, MAYOR BRIAN TISDALE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITYMANAGER 7:00 PM Cultural Center Mayor Manos called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Council Member Hickman, Council Member Johnson, Council Member Magee, Mayor Pro Tom Tisdale, and Mayor Manes Also Present: City Manager Yates, City Attorney Leibold, and City Clerk Bloom CITY COUNCIL CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION (PURSUANT TO GOV'T CODE § 54957): CITY ATTORNEY City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss the item identified on City Council Closed Session. The City Council recessed to Closed Session at 6:01 p.m. PUBLIC COMMENTS - None CALL TO ORDER - 7:00 P.M. Mayor Manos reconvened the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Manus. City of Lake Elsinore Pogo 1 City Council Meeting Minutes April 14, 2015 ROLL CALL PRESENT: Council Member Hickman, Council Member Johnson, Council Member Magee, Mayor Pro Tem Tisdale, and Mayor Maros Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Community Services Director Skinner, Planning Manager MacHott, Management Analyst Dailey, Police Chief Hollingsworth, Fire Cheif Barr, Deputy City Clerk Giron CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session regarding Public Employee Evaluation, pursuant to Government Code, Section 54957 for City Attorney and that there was no reportable action taken. PRESENTATIONS /CEREMONIALS ** City Trophy presentation to Elsinore High School Boys Basketball Team Council Member Hickman presented the City's Trophy to Coach Ratting, Coach Wolter, Preston Beverly and the Elsinore High School Boys Basketball Team. ** Proclamation Declaring April as Donate Life California Month Mayor Manus presented the Proclamation Declaring April as Donate Life California Month to Michael Flannery of Onel-egacy Foundation. PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 1 MINUTE Police Chief Hollingsworth introduced Lt. Leonard Purvis and Lt. Joe Pemberton to Council. Patrick Connolly, Wildomar resident, stated that he played ball hockey with a group of 30 men on the tennis courts located at Serenity park, but were advised by City staff that they were not allowed to play hockey on the tennis courts. Mr. Connolly stated that they would like to continue to play in the City and asked for a solution. Mayor Manes advised Mr. Connolly to contact Community Services Director Skinner. Ms. Miller cpoko regarding water conservation and stated she was in opposition of development in the City. City of kake EWa., a Pape 2 City Council Meeting Minutes April 14, 2015 CONSENT CALENDAR Mayor Pro Tern Tisdale requested to pull Item No. 1. 2) ID# 14 -515 Warrant List dated March 26, 2015 Attachments: City Staff Report 4-14-15 Warrant Summary City 0326-1 a Warrant List City 03 2615 It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on March 26, 2015- 3) ID# 14 -516 Approve and Authorize the City Manaqer to Execute a First Amendment to Professional Services Agreement Between BergerABAM and the City of Lake Elsinore Aftachments: BergerABAM Agreement Staff Report BergerABAM 1st Amendment Professional Services Agmt 2015 BergerABAM Professional Services Agmt 2 2015 Staff recommends that the City Council approve the first amendment to the professional services agreement and authorize the City Manager to execute the first amendment in the amount of Sixty Thousand, and Three Hundred Dollars and no cents ($60,300.00) between the BergerABAM and the City of Lake Elsinore for civil engineering services on the Rosetta Canyon Park Phase II Project. 4) ID# 14-517 Approve Professional Services Agreement with Albert A. Webb Associates for Special Tax Administration Services - Formation, Annexation and Administration for CFD. 2015 -1 (Safety Services) Attachments: 20_15 -04 -14 Staff Report - Special Tax Administration 2015 -1 Safely Services FINAL Albert A_ Webb Professional Services Agreement for Formation_ Annexation & Administration Services for CFD 2015 -1 Safety Services It is recommended that the City Council Approve the Professional Services Agreement with Albert A. Webb Associates for special tax administration services and authorize the Mayor or City Manager to execute the Agreement in such final form as approved by the City Attorney. 5) ID# 14 -518 Approve Memorandum of Understanding with County of Riverside for Reimbursement of Library Materials From the Library DIF Fund Attachments: Report to Couneil- Library Relmb MOU 2015 -04 -14 MOU with _COUNTY OF RIVFRSIDE, LIBRARY thr6 3018_FINAL Staff recommends that the City Council Authorize the City Manager to execute the Memorandum of Understanding between the County of Riverside and the City of Lake Elsinore in the amount of $40,000 annually for reimbursement of library materials purchased with City Library DIF Fund monies. With amounts not to exceed $20,000 for each library, Lake Elsinore Library and Lakeside Library for City of Lake Elsinore Page 3 City Council Meeting Minutes April 14, 2015 the three year period beginning FY 2015116 through FY2017/18. 6) ID# 14 -519 Approve Professional Services Agreement with Albert A. Webb Associates for Special Tax Administration - Formation. Annexation and Administration for CFD No. 2015 -2 (Maintenance Services) attachments: 2015 -04 -14 Staff Report - Special Tax Administration 2075 -2 Maintenance Services FINAL Albert A. Webb Professional Services Agreement for Formation Annexation. & Administratign Services for CFD 2015 -2 Maintenance Services It is recommended that the City Council Approve the Professional Services Agreement with Albert A. Webb Associates for special tax administration services and authorize the Mayor or City Manager to execute the Agreement in such final form as approved by the City Attorney. 7) ID# 14 -520 Lake Elsinore Historical Society Museum Re- Opening Celebration Approval for Street Closures and Municipal Code Waiver Attachments: Staff Repod - Historical Society Museum Re- Openin Closures losures April 14 2015 Traffic Control Map - Street Closure Historical Society MuseumL Re- Opening April 2015 It is recommended that the City Council Approve temporary street closures for the Re- Opening of the Lake Elsinore Historical Society Museum on April 30, 2015 from 3:30 p.m. to 8:00 p.m. from Main Street intersection at Heald Avenue to the dirt lot behind the Cultural Center. 8) ID# 14 -521 Lake Elsinore Unity 5K /10K Run/Walk Approval for Street Closures and Municipal Code Waiver Attachments: Staff Report - Unity 5K10K RunWalk Closures April 14 2015 Unity 5K Closure Map It is recommended that the City Council Approve temporary street closure for the Lake Elsinore Unity SK/10K event on Saturday, April 18, 2015 from 6:00 a.m. to 10:30 a.m. from Pete Lehr to Diamond Drive, 9) D# 14 -522 Commercial Design Review No. 2014.13 - A Request By AGC Design Concept for the Development of a New 4.500 Square -Foot Circle K Convenience Store with a 2.620 Square -Foot Canopy with Five Gasoline Dispensers and Freestanding 1,085 Square -Foot Automated Carwash Located on the Southwest Corner of the Intersection of Riverside Drive (Highway 74) and Joy Street (APN: 379 -132 -013) Cify or Lake Elsinore Page 4 City Council Meeting Minutes April 14, 2015 Attachments: CDR 2014 -13 -CC Staff Report - Circle K 4 -14 -15 CDR 2014.13 CUP 2014 -09 VAR 2014 -02 - Vicinity Map 4.14 -15 CDR 2014 -13 CUP 2014 -09 VAR 2014 -02 - Aerial Map 4 -14 -15 CDR 2014 -13 - CC Resolution - Circle K 4 -14 -15 CDR 2014 -13- CC Conditions of Approval- Circle K 4-14-15 CDR 2014 -13 CUP 2014 -09 VAR 2014 -02 - Site Plan and Elevations 4 -14 -15 CDR 2014 -13 CUP 2014 -09 VAR 2014- 02_Cirde K Store Color_ Renderings 4 -14 -15 CDR 2014 -13, CUP2014 -09 VAR 2014 -02 - Freestanding Sipn 4 -14 -15 CDR 2014 -13 CUP 2014 -09 VAR 2014 -02 - Planting Plan 4.14 -15 CDR 2014 -13 - PC Staff Report - Circle K 4 -7 -15 The Planning Commission recommends that the City Council Adopt Resolution No. 2015 -021 A Resolution of City Council of the City of Lake Elsinore Approving Commercial Design Review No. 2014 -13; for the Development of a New 4,500 Square Foot Circle K Convenience Store with a 2,620 Square Foot Canopy with Five Gasoline Dispensers and Associated Improvements for the Vacant Lot Located at the Southwest Corner of the Intersection of Riverside Drive (Highway 74) and Joy Street. 10) ID# 14 -523 Professional Services Agreement for the Completion of Environmental Documentation for the Wakerider Beach Resort and Club Arrachrnents: CC Staff Report for Wakerider CEQA 4.14 14 Attachment #1 -PSA- Wakerider It is recommended that the City Council Authorize the City Manager to enter into a contract with Mathew Fagan Consulting Services to prepare the California Environmental Quality Act (CEQA) compliance documents for the Wakerider Beach Resort and Club project in an amount not to exceed $46,512. 11) ID# 14 -524 Amendment No 1 To Professional Services Agreement Between KDM Meridian And The City, Of Lake Elsinore For Survey Monument Preservation Project Attachments: KDM Staff Report_LMM 2 VD KDM 1st Amendment Professional Services Agmt 2015 LLM 2 VD KDM Meridian Executed A-grmt Professional Sery 2013 It is recommended that the City Council Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with KDM Meridian in an amount not to exceed $90,000 for the completion of the Survey Monument Preservation Project. City of Lake EWnoro Page 5 City Council Meeting Minutes April 14, 2015 12) ID# 14 -525 Approve Professional Services At with Albert A. Webb Associates for review of CFD Funded Improvements by Developers for Reimbursement Attachments : 2015 -04 -14 Staff Report - District Reimbursement Review Services Webb v Webb CFD Costs Review Agreement It is recommended that the City Council Approve the Professional Services Agreementwith Albert A. Webb Associates for special tax administration services related to reviewing developer expenses for CFD funded improvements and authorize the Mayor or City Manager to execute the Agreement in such final form as approved by the City Attorney. Motion by Council Member Johnson, second by Mayor Pro Tom Tisdale, to approve the Consent Calendar less Agenda Item No. 1, passed by unanimous vote as follows: AYES Council Member Johnson, Mayor Pro Tern Tisdale, Council Member Hickman, Council Member Magee, and Mayor Manes PASSED : None ABSENT : None ABSTAIN: None CONSENT ITEMS) PULLED 1) ID# 14 -514 Approval of Mintues Attachments: CC Minute Report CC 3 -24 -2015 Minutes It is recommended thatthe Council approve the Mintues as submitted. Mayor Pro Tern Tisdale requested a correction to his comments in the City Council minutes of March 24, 2015, Page 7 to reflect that he stated the landscaping contractor should be fired. Motion by Mayor Pro Tern Tisdale, second by Council Member Johnson to approve the Minutes with the correction to reflect that Mayor Pro Tern Tisdale stated the landscaping firm should be fired. Council Member Magee asked if SoCal company had been fired. Public Works Director Damasse responded that staff and the City Attorney are in the process of terminating the contract. City 0 Lake Elsinore Page 6 City Council Meeting Minutes April 14, 2015 The motion passed by unanimous vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None PUBLIC HEARING(S) 13) ID# 14526 Spyglass Ranch Specific Plan No 2005 -02 Amendment No. 1 Tentative Tract Map No 35337, Amendment No. 1 & Tentative Parcel Map No. 35336, Amendment No. 1 - Requests by Pacific Coves Investments LLC to amend Spyglass Ranch Specific Plan No. 2005 -02 and related Tentative Tract Map No. 35337 to Allow for the Demolition of an Existing Private Residence that Included Equestrian And Swimming Facilities Within Planning Area 3: and to Amend the Conditions of Approval for Approved Financing and Conveyance Parcel Map No. 35336 to Modify and /or Delete Previously Approved Conditions of Approval. Attachments: SPA 2014 -01 TTM 35337 TPM 35336 - GC Staff Report -Lunde 4 -14 -15 SPA 2014 -01, M - Vicinity -14 -15 SPA 2014 DI, TTM 35337 TPM 35336 - Aerial Map 4 -14 -15 SPA 2014 -01 TTM 35337, TPM 35336 - CC CEQA Resolution 4 -14 -15 SPA 2014 -01 - CC Ordinance - Lunde 4 -14 -15 TTM 35337 - CC Resolution - Lunde - 4 -14 -15 TPM 35336 - CC Resolution - Lunde 4 -14 -15 SPA 2014 -01 - Spvnlass Ranch CC Conditions of Approval 4 -14 -15 TTM 35337 - CC Conditions of Approval 4 -14 -15 TPM 35336- CC Conditions of ADDroval 4 -14 -15 SPA 2014 -01 - Draft 10 -21 -14 Specific Plan (changed pages only) - 4 -14 -15 TTM 35337- 4 -14 -15 TPM 35336 - 4 -14 -15 Historic and Architectural Evaluation of Delaney Ranch House QQTR!ex 4-14 -15 Letter from Historical Societv re Tarzan House dated 10 -19_12 4 -14 -15 The Planning Commission recommends that the City Council take the following actions: 1). Adopt Resolution No. 2015.022 A Resolution of the City Council of the City of Lake Elsinore Adopting Addendum #1 to Environmental Impact Report No. 2007.01 City of L00 Elshlere Page 7 City Council Meeting Minutes April 14, 2015 for Amendment No. 1 to the Spyglass Ranch Specific Plan No. 2005.02, Tentative Tract Map No. 35337, Amendment No. 1 and Tentative Parcel Map No. 35336, Amendment No. 1. 2). Approve and Introduce by title only and waive further reading of Ordinance No. 2015.1334 An Ordinance of the City Council of the City of Lake Elsinore Approving Amendment No. 1 to Spyglass Ranch Specific Plan No. 2005.02 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street. 3). Adopt Resolution No. 2015 -023 A Resolution of the City Council of the City of Lake Elsinore Approving Tentative Tract Map No. 35337, Amendment No. 1 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street. 4). Adopt Resolution No. 2015 -024 A Resolution of the City Council of the City of Lake Elsinore Approving Tentative Parcel Map No.35336, Amendment No. 1 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street, Mayor Manos opened the Public Hearing at 7:21 p.m. Planning Manager MacHott provided an overview of the staff report, conditions of approval, and the Planning Commission's recommendation. Ms. Miller, Lake Elsinore resident, spoke in opposition of the Spyglass Ranch Specific Plan No. 2005 -02 development and concerns regarding water usage. Ms. Miller stated that she could not find biological resources in the EIR (Environmental Impact Report). There being no further public comments, Mayor Manes closed the Public Hearing at 7:32 p.m. Motion by Council Member Johnson, second by Council Member Hickman, to adopt Resolution No. 2015 -022 A Resolution of the City Council of the City of Lake Elsinore Adopting Addendum #1 to the Environmental Impact Report No. 2007 -01 for Amendment No. 1 to the Spyglass Ranch Specific Plan No. 2005 -02, Tentative Tract Map No. 35337, Amendment No. 1 and Tentative Parcel Map No. 35336, Amendment No.1, Mayor Manes stated as the City builds houses that connect to the sewer system more reclaimed water is created and is used to fill the lake. He also stated that the City is financially stable and needs to provide a steady supply of housing to accommodate the needs of the growing population. Council Member Magee thanked staff for working with the development community and ensuring that the City's new higher standards are enforced. Council Member Magee thanked the Historical Society for weighing in on the Tarzan house. He acknowledged that staff got the developer to agree to condition the project for the new Public Safety Community Facilities District. Council Member Magee also stated that the builder has a unique setting in the City and unique opportunity to create a community. City or Lake Elsinore Page 8 City Council Meeting Minutes April 14, 2015 The motion passed by unanimous vote as follows: AYES Council Member Johnson, Council Member Hickman, Council Member Magee, Mayor Pro Tem Tisdale, and Mayor Manes NOES None ABSENT: None ABSTAIN: None Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to approve and introduce by title only and waive further reading of Ordinance No. 2015 -1334. City Clerk Bloom read the title of ORDINANCE NO. 2015 -1334 An Ordinance of the City Council of the City of Lake Elsinore Approving Amendment No. 1 to Spyglass Ranch Specific Plan No. 2005 -02 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street, passed by unanimous roll -call vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manes NOES None ABSENT: None ABSTAIN: None Motion by Council Member Johnson, second by Council Member Hickman, to adopt Resolution No. 2015 -023 A Resolution of the City Council of the City of Lake Elsinore Approving Tentative Tract Map No. 35337, Amendment No. 1 located on 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street, passed by unanimous vote as follows: AYES Council Member Johnson, Council Member Hickman, Council Member Magee, Mayor Pro Tem Tisdale, and Mayor Magee NOES None ABSENT: None ABSTAIN: None Motion by Council Member Johnson, second by Council Member Hickman, to adopt Resolution No. 2015 -024 A Resolution of the City Council of the City of Lake Elsinore Approving Tentative Parcel Map No. 35336, Amendment No. 1 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street, passed by unanimous vote as follows: AYES Council Member Johnson, Council Member Hickman, Council Member Magee, Mayor Pro Tem Tisdale, and Mayor Manos NOES None ABSENT: None ABSTAIN: None City o /Lake Elsinore Page 9 City Council Meeting Minutes April 14, 2015 14) 0_#'L4-527 Tentative Tract Map No. 36567 - Proposing the Subdivision of 67.69 Acres (APN 363- 020 -002, 003, 011 Through 015, and 018) Into 147 Single - Family Residential Lots, Two Open Space Lots Three Open Space Lots for a Park and One Open Space/Water Quality Basin Lot; the Grading and Use of a City -Owned Parcel (APN 363 - 020 -011) as Part of the Park: Located Northeast of Interstate 15 at Main Street: approximately One - Quarter Mile Northeast of Camino Del Norte. Affachments: TTM 36567 - CC Staff Report 4 -14 -15 TTM 36567 - Vicinity Map 4 -14 -15 'T'fM 36567 - Aerial Mao 4 -14 -15 TTM 36567 - Aerial Composite Proiect Map 4 -14 -15 TTM 36567 - CC CEQA Resolu ion 4 -14 -15 TTM 36567 - CC MSHCP Resolution 4 -14 -15 TTM 36567 - CC Resolution 4 -14 -15 TTM 36567 - CC Conditions of Approval - 4 -14 -15 TTM 36567 - 4 -14 -15 lTM 36567 - Waste Mana.,gement Letter dated 3 -6 -15 TTM 36567 - IS -MND 4 -14 -15 TTM 36567 - MMRP for IS -MND 4 -14 -15 TTM 36567 - PC Staff Report 3 -17 -15 The Planning Commission recommends that the City Council take the following actions: 1.) Adopt Resolution No. 2015 -025 A Resolution of the City Council of the City of Lake Elsinore, California Regarding Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street approximately One - Quarter Mile Northeast of Camino Del Norte, Adopting Mitigated Negative Declaration No. 2015 -02. 2.) Adopt Resolution No. 2015 -026 A Resolution of the City Council of the City of Lake Elsinore, California Regarding Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street approximately One - Quarter Mile Northeast of Camino Del Norte, Adopting Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Pla(MSHCP). 3.) Adopt Resolution No. 2015 -027 A Resolution of the City Council of the City of Lake Elsinore, California Approving Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street Approximately One- Quarter Mile Northeast of Camino Del Norte, Dividing Approximately 67.9 Acres Into 147 Single -family Residential Lots, Two Open Space Lots, Three Open Space Lots for a Park City of Lake Elsinore Page 10 City Council Meeting Minutes April 14, 2015 and One Open Spacelwater Quality basin lot, and the Grading and Use of an Adjacent City-owned Parcel as Part of the Park. Mayor Manes opened the Public Hearing at 7:39 p.m. Planning Manager MacHott provided an overview of the staff report and Planning Commission's recommendation. Ms. Miller, Lake Elsinore resident, spoke against the development and its negative impacts to the environment and wildlife habitat. No other public comments were received. Mayor Maros closed the Public Hearing at 7:46 p. M. Motion by Mayor Pro Tom Tisdale, second by Council Member Johnson, to adopt Resolution No. 2015 -025 A Resolution of the City Council of the City of Lake Elsinore, California Regarding Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street approximately One - Quarter Mile Northeast of Camino Del Norte, Adopting Mitigated Negative Declaration No. 2015 -02, passed by unanimous vote as follows: AYES Mayor Pro Tom Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Maros NOES None ABSENT: None ABSTAIN: None Motion by Mayor Pro Tern Tisdale, second by Council Member Johnson, to adopt Resolution No, 2015 -026 A Resolution of the City Council of the City of Lake Elsinore, California regarding Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street approximately One - Quarter Mile Northeast of Camino Del Norte, Adopting Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), passed by unanimous vote as follows: AYES Mayor Pro Tern Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manes NOES None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 11 City Council Meeting Minutes April 14, 2015 Motion by Council Member Johnson, second by Mayor Pro Tom Tisdale, to adopt Resolution No. 2015 -027 A Resolution of the City Council of the City of Lake Elsinore, California Approving Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street Approximately One - Quarter Mile Northeast of Camino Del Norte, Dividing Approximately 67.9 Acres Into 147 Single - family Residential Lots, Two Open Space Lots, Three Open Space Lots for a Park and One Open Space/Water Quality basin lot, and the Grading and Use of an Adjacent City -owned Parcels as Part of the Park, passed by unanimous vote: AYES Council Member Johnson, Mayor Pro Tem Tisdale, Council Member Hickman, Council Member Magee, and Mayor Manes NOES None ABSENT: None ABSTAIN: None 15) ID# 14 -528 Public Hearing for Consideration Of Objections To The City's Weed Abatement Program Attachments: Staff Report 2015 Obiections to Weed Abatement Weed Abatement Public Hearing notice It is recommended that the City Council open the Public Hearing and consider objections to the City's weed abatement program. Public Works Director Damasse provided an overview of the staff report and stated that weed and rubbish abatement is a necessary function of the City. In February 2015, the City adopted a Resolution declaring weeds and rubbish as nuisance. The residents were sent notices and have until early May to abate the nuisance. Thereafter, City staff would intervene to abate the property based on the City's municipal code. Greg Smith, Wildomar resident, stated that he is a weed abatement contractor and spoke in opposition of the City's Weed Abatement Program. He stated that mowing is dangerous because it has the potential to ignite fire. Mr. Smith explained that discing is efficient and the safest method because it just cuts into the earth and turns it over. If people are going to stop discing then they need to be notified to stop fertilizing, using pesticides and washing cars in the street because that water goes into the same water ways as the silt from discing. Mr. Smith also spoke regarding time constraints that have been set for weed abatement and stated the deadline for weed abatement should be moved back by one month, so that it is ahead of the fire season. He is concerned that property owners who have complied with the weed abatement deadline in May could possibly be required to clear their property a second time and have to once again clear their property. City ,f Lake Elsinare Nat, 12 City Council Meeting Minutes April 14, 2015 James Reynolds, Lake Elsinore property owner, stated that due to the rocky nature of the land, the best thing to do is to plow it. Mr. Reynolds stated he was informed that plowing was not working anymore and asked if that information was correct Mr. Reynolds asked if there was consideration for property owners that owned rocky land because it becomes prohibitive to comply with the new requirement. He also asked if there was a variance procedure to continue to plow. If so, is there an extension for compliance. Mr. Reynolds stated that he wants to comply, but needs to comply in a reasonable manner. No other public comments were received. Mayor Manos closed the Public Hear at 7:56 p.m. Council Member Hickman asked why discing is not being allowed and who initiated the change. Public Works Director Damasse responded it was a NPDES (National Pollutant Discharge Elimination System) issue. Director Damasse explained the pros and cons of discing or plowing and that either one can be a fire hazard. The reason that mowing is a better alternative is because the NPDES TMDL (Total Maximum Daily Load) issues of silt runoff and dust suppression. The City has received complaints from AQMD and residents about silt runoff during the rainy season. Director Damasse stated the change is mainly to protect the Lake but much of the change has to do with the fire season. Director Damasse stated that disallowing discing was to abate the TMDL runoff silt erosion issues to the Lake. The City has received concerns from AQMD regarding dust suppression when discing and TMDL concerns because of the Lake and that is why mowing was preferred as opposed to discing. Director Damasse stated that there is not a formal variance procedure in the municipal code, but staff will entertain variances for extraneous circumstances. Director Damasse and Staff will work with property owners and provide extensions and help them with the specific conditions of their lots. Council Member Hickman stated that he did not agree with prohibiting discing because if you do mow there is still growth and that is a fire hazard. Council Member Johnson asked for clarification of the AQMD and TMDL regulations. Public Works Director Damasse responded there is no written documentation. He explained that in the past City residents have contacted AQMD and the City to express concerns about the dust abatement and TMDL is runoff from any development that needs to be contained and treated on site before it goes into the lake. Mayor Pro Tem Tisdale asked why the City all of a sudden made changes to the rules this year. City Manager Yates responded in the affirmative. Mayor Pro Tem Tisdale stated that he did not feel this was a good change. lie stated that a year ago the Fire Chief from Murrieta was hit in the face while watching weed abatement (mowing). The incident ended the Fire Chiefs career. Mayor Pro Tem Tisdale stated that staff is not providing any hard facts only history and complaints. The City does (teed weed abatement, so the City can have a nice appearance, but he wants to ensure that residents receive enough warning when changes are going to be made. Mayor Pro Tem Tisdale stated that he would not approve this item unless he had hard facts. City of Lake Elsinore Page 13 City Council Meeting Minutes April 14, 2015 Council Member Magee stated that the City has invested a lot of money in new tractors with disc attachments and asked Public Works Director Damasse what his plan was. Director Damasse responded staff will use the equipment as needed to abate properties. Director Damasse explained that staff preferred that property owners mow and that it is not the only method, there are conditions that do require discing. Council Member Magee stated that AQMD had issues with dust going into the air when the City is performing a public safety measure called weed abatement. He stated that City of Wildomar's Mayor Benoit is this City's representative on the South Coast Air Quality District and asked if Mayor Benoit was made aware of this change in policy. He added that the City cannot change policy if it does not take advantage of its partnerships. Council Member Magee stated that he is the Chairman of the Lake Elsinore San Jacinto Water Shed Authority and that he was not aware of the change to the Weed Abatement Program. Council Member Magee asked City Attorney Leibold how to disregard this portion of the recommendation, move forward and allow people to use best management practices, which includes discing. City Attorney Leibold asked how the policy change was conveyed to property owners. Director Damasse responded the abatement change was conveyed as part of the notification to the residents. Council Member Magee addressed Mr. Smith's comment regarding property owners that comply with weed abatement and are then subject to a fine because the material ties grown back. He stated that property owners can remedy that issue by photographing their weed abatement work and sending it to staff, so that compliance is verified. Council Member Magee stated that Council needs to be united to make weed abatement as easy as possible for the property owners. The City needs to reach out to its AQMD representative, and that he would inform the Lake Elsinore San Jancinto Water Authority on this matter. Mayor Manos agreed with Council Member Magee and made the recommendation that the City provide an automatic one month extension. Council Member Johnson asked City Attorney Leibold for her assistance with the recommendation because Council was not in support of this change in policy. City Attorney Leibold responded the purpose of the Public Hearing was to hear objections. City Attorney Leibold explained Council can take an action to allow for weed abatement in whatever fashion is appropriate for the site; take an action not to enforce the preference for mowing or prohibition against discing; Council can also encourage people to mitigate dust as best as they can during the weed abatement action; or provide an automatic extension. The question is to the extent that the City has notified property owners. City Attorney Leibold asked if Council wants to take further action or provide a supplemental notice which may cause additional confusion and costs. The Council can take action and direct staff and respond to inquiries as directed by Council. City of Lake Elsinore Page 14 City Council Meeting Minutes April 14, 2015 Mayor Pro Tem Tisdale stated that he was not happy that the rules were change all of a sudden. Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to bring back the Weed Abatement Program with all the correct facts and re- notice, if it is required. Council Member Magee stated that he would support the motion. Council Member Magee asked that in the interim, direction be provided to Code Enforcement not to enforce on the anti - discing notice and post on the City's website a notification that Council is reviewing the change to allow discing. Council Member Johnson stated that staff also needs to address waiving fees and additional cost for re- noticing before this item is brought back to Council. City Attorney Leibold explained the recommendation was to open the Public Hearing and consider objections and Council has done that. Attorney Leibold explained that Council can move forward with the direction to staff to re- notice all the property owners and clarify the methodology and timeframe by which they abate their property. Council can also require that the City encourage property owners, who obey the abatement, to submit a confirmation to the City. Attorney Leibold stated that it would not require Council to go through a new Public Hearing which allowed for objections and result in a delay, such that the City would be in fire season by then. Mayor Manes stated that Council wants to provide direction and take action to notify the people, provide an extension, open it up for discing again and make a change to the policy that was approved in February. City Manager Yates stated that the policy could be brought back to Council; send out the notice to every property owner advising that the City is going to be allowing the previous weed abatement process; and provide an extension for those properties that contact the City and work with property owners. Staff will have to be mindful of the fees and fines. The goal is to meet the public safety standard to reduce fire hazards before the City moves into the fire season. City Manager Yates stated that staff will look at the entire weed abatement program and bring it back with a complete report that includes recommenations, addresses all the issues of how the City conducts business; how the City needs to conduct business as it moves forward; and include what pieces of equipment the City owns. City Manager Yates stated that a notice can be provided to all the property owners with information of what action was taken at this meeting. Lastly, if the abatement deadline is extended to the end of May it would provide property owners 6 to 7 weeks to meet our goals. City o / Lake Elsinore Pane 15 City Council Meeting Minutes April 14, 2095 Mayor Pro Tom Tisdale clarified that the action was that Council opened the Public Hearing and considered the objection to the City's Weed Abatement Program. He asked if there was no other action other than the Public Hearing. City Attorney Leibold responded in the affianative and stated that the pending motion and second to deny is not applicable in this context. Mayor Pro Tom Tisdale stated this item does not need to come back. It is the entire policy and what the City is doing with the Weed Abatement Program that needs to come back to Council. He stated that he is really ticked off that they are in the weeds on this item. Mayor Pro Tem Tisdale withdrew his motion. Motion by Council Member Magee, second by Mayor Manos, to close the Public Hearing; affirm that Council has considered the objections to the Weed Abatement ordinance, direct Code Enforcement not to enforcement on the anti•discing notice, post on the City's website information about tonight's meeting specifically regarding discing so that people can observe it; direct staff to re- notice the property owners in the change of policy, and allow up to 30 additional days to comply with the City's requirements. Mayor Pro Tem Tisdale stated that he would like to the see the policy before re- noticing property owners of the change of policy. Council Member Magee clarified with Mayo Pro Tem Tisdale that Item No. 5 which directs staff to change the policy in writing is to come back to Council, but the remainder of the motion is to go forward. Mayor Pro Tem Tisdale responded in the affirmative. Council Member Magee stated that he was in agreement. City Attorney Leibold asked for clarification that staff will not be sending new notices until after next City Council of April 28th. Mayor Pro Tem Tisdale stated that Council needs the facts straight before sending out any notices. The motion passed by unanimous vote as follows: AYES Council Member Magee, Mayor Manus, Council Member Hickman, Council Member Johnson, and Mayor Pro Tem Tisdale NOES None ABSENT: None ABSTAIN: None APPEAL(S) - None City of Lake Elsinore Page 16 City Council Meeting Minutes April 14, 2015 BUSINESS ITEMS) 16) ID# 14 -529 Resolution of the City Council of the City of Lake Elsinore, Acting as the Legislative Body of the City of Lake Elsinore Community Facilities District No 88 -3 (West Lake .Elsinore), Authorizing the Issurance of its Special Tax Refunding Bonds 2015 Series B in a Principal Amount Not to Exceed Thirteen Million Dollars ($13,000,000) and Approving Certain Documents and Takinq Certain Other Actions in Connection therewith. Resolution of the Board of Directors of the Lake Elsinore Public Financing Authority Riverside County California. Authorizing the Issuance of its Local Agency Revenue Refunding Bonds (Community Facilities District No 88 -3), 2015 Series B in an AAggregate Principal Amount Not to Exceed Thirteen Million Dollars ($13,000,000) and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith. Attachments: Lake Elsinore _2015 Series B (88 -31 Ref Bonds -City Council Staff Report (4 -5 -15) v2 Resolution of Issuance Lake Elsinore CFD 88 -3 DOCSOC- #1701842 -v4- Authority Resolution of Issuance Indenture Lake Elsinore PFA CFD 88_3 Refunding Third Suplemental FAA Lake Elsinore CFD 88 -3 Escrow .Agreement CFD 88 -3 (West Lake Elsinorel. DOCSOC4#1702061 -v2- Preliminary Official Statement Lake Elsin ore PFA CFD 88 -3 Lake Elsinore PFA Local Agency Revenue Refunding 2015 Bonds CFD 88 -3 BPA Continuing Disclosure CeniScate Lake Elsinore CED 88 -3 1) City: Adopt City Resolution No. 2015 -028 authorizing issuance of the bonds and bond documents. 2) PFA: Adopt PFA Resolution No. 2015.004 authorizing issuance of bonds and bond documents. Mayor Manos announced the joint City Council and Public Financing Authority Business Item. PFA Chair Johnson called the Public Financing Authority meeting to order at 8:20 p.m. PFA Chair Johnson announced that she lives in Lake Elsinore Community Facilities District No. 88 -3 and asked City Attorney Leibold if she was able to participate on this item. City Attorney Leibold responded that she reviewed the rules of the Fair Political Practice Commission and PFA Chair Johnson's residence ownership of the property in CFD 88 -3 does not constitute a disqualifying conflict of interest; therefore, she was clear to participate on this item. City of Lake Elsinore Pare 17 City Council Meeting Minutes April 14, 2015 Administrative Services Director Simpson provided an overview of the staff report and recommendation to Council. Director Simpson explained the City Council and PFA resolutions are to authorize documents and approvals needed to refund the outstanding obligations of CFD 88 -3. There is approximately $13,000,000 million of bonds outstanding. The cost was reduced because fees were not taken from the previous refunding to help facilitate further savings to the homeowners. Director Simpson stated staff believes the debt service can be reduced by $300,000 per year for the next five years. He explained the assurity bond provides a savings to the property owners of $135 - $140 reduction on the annual levy for the next five (5) years starting with the next set of tax bills. The entire savings will go the property owners. Motion by Mayor Pro Tern Tisdale, second by Council Member Hickman to adopt Resolution No. 2015 -028 A Resolution of the City Council of the City of Lake Elsinore, Acting as the Legislative Body of the City of Lake Elsinore Community Facilities District No. 88 -3 (West Lake Elsinore), Authorizing the Issuance of its Special Tax Refund Bonds 2015 Series B in a Principal Amount Not to Exceed Thirteen Million Dollars ($13,000,000) and Approving Certain Documents and Taking Certain Other Actions in Connection therewith, passed by unanimous vote as follow: AYES Mayor Pro Tern Tisdale, Council Member Hickman, Council Member Johnson, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None Motion by Authority Member Manos, second by Vice Chair Hickman to adopt Resolution PFA 2015 -004 A Resolution of the Board of Directors of the Lake Elsinore Public Financing Authority, Riverside County, California, Authorizing the Issuance of its Local Agency Revenue Refund Bonds (Community Facilities District No 88 -3) 2015 Series B in an Aggregate Principal Amount Not to Exceed Thirteen Million Dollars ($13,000,000) and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith, passed by unanimous vote as follows: AYES Authority Member Manus, Vice Chair Hickman, Authority Member Tisdale, Authority Member Magee, and Chair Johnson NOES None ABSENT: None ABSTAIN: None City or Lake Elsinore Pogc 18 City Council Meeting Minutes April 14, 2015 17) ID# 14 -530 First Reading and Introduction of Ordinance No. 2015 -1335 Regarding Public Skate Park Facilities Attachments: Staff Report - First Reading of Skateoark Facilities Ordinance Ordinance No 2015 - Ch L42 - Pubh Skate Park Facilities Draf It is recommended thatthe City Council waive further reading and introduce by title only Ordinance No. 2015.1335, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING CHAPTER 8.42 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PUBLIC SKATE PARK FACILITIES. Management Analyst Dailey provided an overview of the staff report and recommendation to Council. Management Analyst Dailey explained the introduction of the ordinance is to address the City's public skate park facilities. The City does not currently have an ordinance in place for the skate parks. It is necessary to put in place a comprehensive set of rules and regulations that will address all skates parks in the City. Management Analyst Dailey reviewed the items included in the ordinance and stated the ordinance will put rules in place at the skate parks. The parks will post signage that includes the City's municipal code. The new ordinance will also put the City in alignment with the California Health and Safety Code and enables the City to reduce liability. She advised Council that the Public Safety Advisory Commission reviewed the ordinance twice before it was presented to Council. Mayor Pro Tern Tisdale asked why the ordinance requires all children under 12 years of age must be accompanied by an adult. Management Analyst Dailey responded that the state mandate requires 14 years of age and staff can change the age to 14. Mayor Pro Tern Tisdale stated that he does not want to include a requirement that is not going to be enforced and restrictions from children playing. Management Analyst Dailey stated that she can work with the City Attorney to discuss what options the City has. City Manager Yates stated the City can accomplish the same goal by signage and work with the City Attorney's office to include a disclaimer on the signage. Staff is requesting authority to work with City Attorney's office and modify the age requirement to ensure that the City meets its goal to have the Serenity Park, McVicker Park, and Summerly Park operational. Mayor Pro Tern Tisdale referenced ordinance requirement 8.42.030 E and asked if the use of BMX bikes was standard at all skate parks. Management Analyst Dailey responded that BMX bikes are allowed at McVicker Canyon Park. Mayor Pro Tern Tisdale wants the ordinance to be very clear on what equipment is allowed at the skate parks and have the appropriate signage. Mayor Manos thanked Management Analyst Dailey for her work on this project. Council Member Magee recognized the PSAC (Public Safety Advisory Commission) for their input and Management Analyst Dailey for working with PSAC. City o1 Lake Elsinore Page 19 City Council Meeting Minutes April 14, 2015 Motion by Mayor Manes, second by Council Member Magee, to introduce by title only and waive further reading for Ordinance No. 2015 -1335 and direct staff to review the age restriction and work with the City Attorney to confirm if the age restriction is necessary. City Clerk Bloom read the title of Ordinance No. 2015 -1335 An Ordinance of the City Council of the City of Lake Elsinore, California, Adopting Chapter 8.42 of the Lake Elsinore Municipal Code Regarding Public Skate Park Facilities and conducted a roll -call vote as follows: AYES Mayor Manes, Council Member Magee, Council Member Hickman, Council Member Johnson, and Mayor Pro Tom Tisdale NOES None ABSENT: None ABSTAIN: None PUBLIC COMMENTS Autumn Crawford, Lake Elsinore resident, provided an update of the fund raiser for the automated external defibrillator (AED). The Lake Elsinore PTSA proposal is to install an AED at every school in the district before the next school year. Ms. crawford reported the PTSA has raised $6,000 of their goal to raise $45,000. The Lake Elsinore Unified School District accepted a bid from the American Heart Association to lower the bid goal to $35,000 and the American Medical Response ambulance service donated an AED. The PTSA is waiting to receive funds from their e -waste event. Ms. Crawford asked Council to make a formal donation to their program. She stated that the Cities of Murrieta and Temecula funded the entire AED programs for their school districts. She announced they have a donation website at www.gofundme.com /lepstaaedfund but the site will not be published until they receive $500 in donations. Council Member Johnson asked if the schools distributed donation letters. Ms. Crawford responded in the affirmative and stated that they are sending out a second round of donations letter and are in the process of organizing a pancake breakfast with the Elks Club. Ms. Crawford thanked Council and staff for their assistance. Mayor Manus asked if the school district has contributed any funds. Ms Crawford responded that the school district will donate $5,000 if they can raise $30,000. Rick Morsch, Lake Elsinore resident, announced the Rotary Club is hosting a golf tournament on May 1st which is still open for reservations. Sponsorships for advertisements are still available. The Rotary Club is raising funds for youth to attend leadership programs. Mr. Morsch announced a buffet dinner and raffles after the golf tournament. CITY MANAGER COMMENTS - None CITY ATTORNEY COMMENTS - None City of Lake Elsinore Page 20 City Council Meeting Minutes April 14, 2015 CITY COUNCIL COMMENTS Council Member Hickman acknowledged Management Analyst Dailey for completing her Masters Degree from Pepperdine University. Council Member Hickman announced the Rotary Club will host the First Annual Lake Elsinore Golf Tournament for youth on May 1 st; the 1 -15 Railroad Canyon Road & Franklin Interchange Project Public Outreach meeting on May 4th, at 6:30 p.m.; gave kudos to Elsinore's High School Basketball team; and the Clean Extreme event on April 25th. Council Member Hickman stated the financial reward of refinancing the CFD is that the homeowners will save approximately $140 off their property tax bill. Council Member Johnson thanked the City Attorney Leibold for her professionalism and finance team for their work on CFD 88 -3. Council Member Johnson welcomed Lt. Leonard Purvis and Lt. Joe Pemberton to the team. Council Member Magee thanked Administrative Services Director Simpson and Finance Administrator Lassey for their work on CFD 88 -3. He asked that staff produce a report that shows what the City accomplished through refinancing and saved homeowners millions of dollars. The report should be posted on the City's website for the public to view. Council Member Magee stated that the City of Wildomar is a good neighbor and held their Annual BBQ with City leaders volunteering for that program. Council Member Magee stated that many of the members from the City of Menifee have reached out to him regarding a future development in their City. Council Member Magee requested that staff look into the Pardee Development and asked if the new map is part of the original Specific Plan adopted by Council in the 80's or 90's; does the City's buffering rule (75% rule) still apply in Title 17; and what efforts did the developer use for public outreach for the City of Menifee. He requested that the information be provided to Council before the public hearing. Council Member Magee recognized the Riverside County Commission for Women for their recognition of Chief Deputy Kennedy -Smith as the woman of the year. Supervisor Jefferies, Commissioner Gina Magee, and the Board presented Chief Deputy Kennedy -Smith with the award. Mayor Pro Tern Tisdale announced that Council attended the groundbreaking ceremony at Serenity Skate Park on April 13th. The children will have a fun and safe place to play and get exercise. Mayor Pro Tom Tisdale announced that the City participated in the Reality Rally and won for the 4th year in a row. He thanked staff for their hard work. Mayor Manes stated that they had fun at Reality Rally. He announced Opening Day on the Lake and Vessel Inspections on April 4th at La Laguna Resort and Boat Launch and thanked members of LEMSAR. Mayor Manes also announced the fish stocking at the lake on April 3rd; the Fishing Tour on May 2nd and 3rd sponsored by the casino; the City Council Strategy Workshop on Friday, April 24th; and the Unity in the Community 5K -10K Run/Walk on April 18th. City & Lake Elsinore Page 21 City Council ADJOURNMENT Meeting Minutes April 14, 2015 Mayor Manos adjourned the meeting in memory of Russ Burns of the Historical Society at 8:50 p.m. to the Special meeting to be held on Friday, April 24, 2015, at 9:00 a.m. Steve Manos, Mayor Virginia J. Bloom, City Clerk City of Lake Elsinore Page 22