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HomeMy WebLinkAbout12-01-2015 City Council Minutes - SpecialC11, OF LCAKE LSIN( -)kE -- r ' DIUAM EXCIUML City of Lake Elsinore City Council Special Meeting Minutes Tuesday, December 1, 2015 Call to Order A Special meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 6:15 p.m. by Mayor Manos, noting the absence of Council Member Hickman. There being no response to the Mayor's invitation to speak the meeting recessed at 6:16 p.m. to Closed Session. City Council Closed Session CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: 2 potential cases Call To Order A Special meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 7:04 p.m. by Mayor Manos. Pledge Of Allegiance The Pledge of Allegiance was led by Mayor Manos. Invocation — Moment Of Silent Prayer Mayor Manos requested a moment of silence. Roll Call Present: Council Members Johnson and Magee, Mayor Pro Tern Tisdale and Mayor Manos Absent: Council Member Hickman Closed Session Repflrt City Attorney Leibold listed the item discussed in Closed Session and stated there is nothing to report out. Public Comments — Non -A endized Items There were no members of the public responding to the Mayor's invitation to speak. Page 1 Consent Calendar It was moved by Council Member Johnson, seconded by Mayor Pro Tern Tisdale, and unanimously carried noting the absence of Council Member Hickman, to approve the Consent Calendar. Item No. 1 was removed from the Consent Calendar and is listed below. 2) Resolution Authorizing City Manager to enter into certain agreements with the State of California Employment Development Department (EDD) and Development Management Group, Inc. to acquire and appropriately-secure a roll records and industry information — adopted the Resolution. Resolution No. 2015 -086: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING CERTAIN FINDINGS OF NECESSITY OF INFORMATION FROM THE STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT (EDD) AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS TO ACQUIRE AND APPROPRIATELY SECURE SAID INFORMATION WITH BOTH EDD AND DEVELOPMENT MANAGEMENT GROUP, INC. Item Removed from Consent Calendar 1) Award Public Works' Construction Agreement to CT &T Concrete Paving Inc. for the Parking Lot and Sidewalk Construction of Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #240004). Administrative Services Director Simpson provided the Staff Report explaining the protest letter received from Hamel construction. It was moved by Council Member Johnson, seconded by Mayor Pro Tern Tisdale, and unanimously carried noting the absence of Council Member Hickman, to award the agreement to CT &T Concrete Paving Inc. for the Parking Lot and Sidewalk Construction of Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004); and, authorize the City Manager to execute the Agreement in an amount not to exceed $485,485.00 with CT &T Concrete Paving Inc. Public Hearing- 3) Commercial Design Review No. 2013 -08, Conditional Use Permit No. 2013 -06, Conditional Use Permit No. 2013 -07 Conditional Use Permit No. 2013 -08 Conditional Use Permit No. 2013 -09 and Environmental Impact Re ort SCH# 2014051093 - A Proposed Development of a 17.66 -Acre Site Located at the Southwest Corner of Central Avenue (State Route 74) and Cambem Avenue with an Approximately 154,487 Square-Foot Walmart Su ercenter Including a 3,090 Square-Foot Seasonal Outdoor Garden Center With Additional Conditional Use Permits for Development of Three Outlots Fronting Central Avenue The Public Hearing was opened at 7:11 p.m. by Mayor Manos. Planning Manager MacHott and Michael Bracken, Economic Development Consultant, provided a Power Point presentation reviewing the project, the environmental impact report and the proposed Conditional Use Permits. Appearing to speak were: Linda Davis, Robert Sherfey, Ms. Miller, Kim Cousins, Dee Baulk, Margaret Williams, Irma Moller, Paul Suter, Linda Cooley, Laura Chacon, Teddie Penewell, Armando Guillen, Eleanor Roberts, Annette Peron, Candance Lace, Ayman Mika, Dick Knapp, Ace Vallejos, Mary Venerable, Art Perry, Johnathon Shardlow, Deborah Daily, Joe Meyer, Marcus Bolton and Linda Bean. Page 2 There being no further response to the Mayor's invitation to speak, the hearing was closed at 8:19 p.m. by Mayor Manos. Planning Manager McHott and Walmart representative Shardlow responded to Council questions regarding electric car charging stations, solar panels, design of building and landscaping, signage utilizing City's logo, traffic concerns, and drainage concerns. City Manager Yates spoke regarding the reuse of the current Walmart building. Mayor Manos read into the record an additional Condition of Approval in regards to qualifying contractors and subcontractors to exercise their option to obtain a Board of Equalization sub - permit and allocate all eligible sales and use tax payments to the City. Special Counsel Jenson clarified that a modified page 75 of the CEQA findings, related to greenhouse gas issues had been distributed and should be made part of the recommendation on that Resolution. The meeting recessed at 8:52 p.m. and reconvened at 8:59 p.m. noting the absence of Council Member Hickman. Council requested two charging stations to be installed. It was moved by Council Member Johnson, seconded by Mayor Pro Tern Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution. Prior to the vote, the maker of the motion and the second amended the motion to include the amended page 75 of the CEQA findings. Resolution No. 2015 -087: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE LAKE ELSINORE WALMART SUPERCENTER PROJECT (SCH NO. 2014051093), ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM It was moved by Council Member Johnson, seconded by Mayor Pro Tern Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution. Resolution No. 2015 -088: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING FINDINGS OF CONSISTENCY WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN FOR THE WALMART SUPERCENTER PROJECT. It was moved by Council Member Johnson, seconded by Mayor Pro Tern Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution with modification to Conditions of Approval to include City identification sign to be constructed in the median, two charging stations, the changes to the haul route as recommended by staff and incorporating the text read into the record previously regarding the additional Condition of Approval related to sales and use tax. Page 3 Resolution No. 2015 -089: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2013 -06 RELATED TO AN OUTDOOR GARDEN CENTER, ARCADE, AND OUTDOOR /SEASONAL DISPLAY OF MERCHANDISE FOR A WALMART SUPERCENTER LOCATED AT THE SOUTHWEST CORNER OF CENTRAL AVENUE AND CAMBERN AVENUE. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution as modified. Resolution No. 2015 -090: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING COMMERCIAL DESIGN REVIEW NO. 2013 -08 FOR THE DEVELOPMENT OF A NEW WALMART SUPERCENTER LOCATED AT THE SOUTHWESTERLY CORNER OF DEXTER AVENUE AND 3RD STREET. It was ;moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution incorporating the modified Conditions of Approval. Resolution No. 2015 -091: A RESOLUTION- OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2013 -08 RELATED TO A FAST FOOD RESTAURANT WITH A DRIVE - THROUGH ON OUTLOT 2 OF THE WALMART SUPERCENTER PROJECT LOCATED AT THE SOUTHWEST CORNER OF CENTRAL AVENUE AND CAMBERN AVENUE. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution incorporating the modified Conditions of Approval. Resolution No. 2015 -092: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2013 -09 RELATED TO A FAST FOOD RESTAURANT WITH A DRIVE - THROUGH ON OUTLOT 3 OF THE WALMART SUPERCENTER PROJECT LOCATED AT THE SOUTHWEST CORNER OF CENTRAL AVENUE AND CAMBERN AVENUE. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to deny the Conditional Use Permit No. 2013 -07 related to a Gas Station /Convenience store on Outlot 1 of the Walmart Supercenter project. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to approve the request for the Walmart Supercenter Project Haul Route using segments of Central Avenue and Cambern Avenue between the project site and Interstate 15 subject to the requirements of Lake Elsinore Municipal Code 15 -72 -065 and a haul route agreement. Public Comments — Nan- Agendized Items . There was no response by members of the Public to the Mayor's invitation to speak. Page 4 City Manager Comments City Manager Yates congratulated everyone who worked on the project and proud of the community. He disclosed that a settlement agreement had been reached with the following employees: Jill Turk, Rocky Gray, Mia Beltran, Guillermo Perez, Cordie Mller, Augie Resendiz, Carrie Hanes and Arline Gulbransen. Citv Council Comments Council Member Johnson noted that she is excited and thanked staff for their hard work. Council Member Magee thanked staff for their work, the applicant and the Planning Commission for their hard work and the community for embracing the project; requested staff to contact Cal Fire for cost sharing analysis; recognized that the investors at Summerly Golf Course have reopened the course and congratulated them on their investment; and, announced that Dave Oster from the Lake Elsinore Storm organization is leaving for other opportunities and requested he be recognized at the next meeting. Mayor Pro Tern Tisdale thanked everyone on the Walmart project; and, asked everyone to remember France and the recent tragedies that have occurred there. Mayor Manos spoke regarding the gas tanker accident and closure of the 1 -15 freeway may be for the next two days; reported he was a judge at the Christmas Tree Lane event; announced Winter Fest will be on Saturday, December 5th; and, stated he is proud of the community's response. Ad'ournment The meeting adjourned at 9:20 p.m. to the next Regular meeting of Tuesday, December 8, 2015, at Cultural Center located at 183 N. Main Street, Lake Elsinore. C Brian Tisdale SLISan M. Domen, MMC Mayor Clerk Page 5