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Home My WebLink About01-12-2016 City Council MinutesLAU 61_SiT1o1QF_ City of Lake Elsinore City Council Meeting Minutes Tuesday, January 12, 2016 Call to Order A Regular 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 5:03 p.m. by Mayor Tisdale, with all Members present. City Attorney Leibold announced the items that would be discussed in Closed Session. There being no members of the public requesting to speak, the meeting recessed at 5:05 p.m. to Closed Session. 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: 1 potential case CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) SoCal Environmental Justice Alliance v. City of Lake Elsinore Superior Court Case No. RIC 1515192 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Protect Lake Elsinore v. City of Lake Elsinore Superior Court Case No. RIC 1515431 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956.8) Property: APN 374 - 174 -013, 016 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Thomas Anthony Martin DBA The Wreck Under negotiation: Price and terms of payment Call to Order The meeting was called to order at 7:00 p.m. by Mayor Tisdale. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Tisdale. Page 1 Invocation — Moment of Silent Prayer Mayor Tisdale requested a moment of silence. Rnll rail Present: Council Members Hickman, Johnson and Manos, Mayor Pro Tem Magee and Mayor Tisdale Absent: None Closed Session Report /City Attorney Comments City Attorney Leibold listed the items discussed in Closed Session and stated that there is no reportable action. Presentations /Ceremonials Mayor Tisdale presented a Certificate of Recognition to Dave Oster for his services to the City. Mayor Tisdale presented the Mayor's Gavel plaque to Council Member Manos and provided a brief history of his accomplishments as Mayor in 2015. Council Member Manos presented Mayor Tisdale with a Certificate of Recognition for his five years of service to the City. City Council Comments Council Member Hickman wished everyone a Happy New Year and noted that he and his wife passed out 194 gifts to head start students during the Christmas season; and, announced the new bus stop at the outlet shopping center; the train station will be opening at the end of February and the commuter bus route schedule to downtown Corona and that Dial -A -Ride coverage has been extended. Council Member Manos thanked Dave Oster for the Cinco de Mayo event at the Diamond Stadium and his presentation of the City's newest tag line "the Action Sports Capitol of the World "; he thanked staff for their work preparing for storms and clean -up; thanked the Women Council of Realtors in the Southwest Riverside County Association of Realtors for hosting the city updates from local areas; announced the Riverside County Habitat Conservation Agency Board has appointed him as Chairman of the Board; and the League of California Cities is preparing an active legislative year and reconfirming its priorities and goals; and, Council Member Manos requested that staff review the City's fine structure for littering and illegal dumping; and analyze creating an illegal dumping task force. Council Member Johnson reported that she and Mayor Pro Tem Magee attended a meeting in Country Club Heights, regarding fining for littering and signage; and, welcomed several new businesses: California Consulting, LLC; JC Water, New Empire Interiors, Our Redeemers Lives Church, Peppers Pet Spa; and Vista Community Clinic. Mayor Pro Tem Magee-thanked Mr. Oster for promoting the City and stated that because of Mr. Oster's efforts the Minor League Baseball All -Star game will be played at the Diamond Stadium on June 20th; and, reported he attended the Country Club Heights meeting. Mayor Tisdale announced the Healthy LE Fitness Challenge and invited the public to participate; Page 2 announced the Healthy LE Get Active Event on Saturday, January 30th at the Levy; and, requested that the meeting be adjourned in memory of Frank Crow, a longtime City resident. City Mana er Comments City Manager Yates informed Council that staff is reviewing implementation of an anti - littering campaign in the City; announced that thousands of sand bags were distributed to residents during the last storm; and, cautioned the public to not let their guard down in preparing for the winter season. Public Comments — Non -A endized Items Appearing to speak was: Tim Fleming. Consent Calendar It was moved by Council Member Johnson, seconded by Council Member Manos, and unanimously carried, to approve the Consent Calendar. Item No. 4 was removed from the Consent Calendar and is listed below. 1) Warrant List Dated December 10 & 31. 2015 —Approved. 2) Investment Report —Approved 3) Prima Facie Speed Limits on Certain Streets in the City — adopted the Resolution. Resolution No. 2016 -001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 2006 -70 AND APPROVING THE DESIGNATION OF THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS 5) Agreement for Professional Services for Design of Collier Avenue Pavement Rehabilitation, Proiect No. Z10008 -C — Awarded the agreement to RKA Consulting Group; and authorized the City Manager to execute the agreement in the amount of $39,820. 6) Second Reading and Adoption of Ordinance No. 2015 -13474 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA CEASING THE FACILITIES SPECIAL TAX OBLIGATION WITHIN IMPROVEMENT AREA B OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -2 ALBERHILL RANCH AND ORDERING THE RECORDATION OF A NOTICE OF CESSATION OF SPECIAL TAX LIEN WITHIN IMPROVEMENT AREA B AND AMENDING ORDINANCE NO. 1163 TO REPEAL THE AUTHORITY OF THE DISTRICT TO LEVY FACILITIES SPECIAL TAXES — adopted the Ordinance. Ordinance No. 2015 -1347: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CEASING THE FACILITIES SPECIAL TAX OBLIGATION WITHIN IMPROVEMENT AREA B OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -2 (ALBERHILL RANCH) AND ORDERING THE RECORDATION OF A NOTICE OF CESSATION OF SPECIAL TAX LIEN WITHIN IMPROVEMENT AREA B AND AMENDING ORDINANCE NO. 1163 TO REPEAL THE AUTHORITY OF THE DISTRICT TO LEVY FACILITIES SPECIAL TAXES Page 3 Item Removed from Consent Item 4) Consideration to an Amendment to COA 102 and Agreement for the Construction of Improvements= VTTM 28214, Alberhill Ranch Roy Stephenson, City Consultant Engineer, introduced himself and provided a Staff Report. Appearing to speak were: Paulie Tehrani, Karen Holder, Sharon Galina, and Karie Reuther. Mayor Tisdale announced he received emails in opposition of the project from the following individuals: Jennifer Graham, Anthony Ponzo, Patricia Ponzo, Enrico Nelson, Vanessa Macias, Karen Holder, Gilbert Martinez, Lizabeth Vargas, Joseph Marotta, Lori Crocker, Leigh Ann Yansen, Mary Citty, Sandra Sampson, Monica Hernandez, Michael Vasquez, Dianne Chavarria, and Connie Neal. Consultant Roy Stephenson responded to Council comments. It was moved by Mayor Pro Tern Magee to continue off calendar the Amendment to Condition of Approval 102 and Agreement for the Construction of Improvements and failed for lack of a second. A substitute motion was made by Council Member Manos, seconded by Council Member Hickman, and unanimously carried to approve the finding that the Lake Street right turn onto the southbound 1 -15 onramp and the traffic signal at the intersection of Nichols Road and Alberhill Ranch Road required by Condition of Approval No. 102 to VTTM 28214 be completed at the 650th Certificate of Occupancy; and to authorize the Mayor to execute the Agreement for Construction of Improvements. Prior to the vote: Consultant Roy Stephenson responded to Council's comment. Tom Thomlinson, Senior Vice President of Castle and Cooke, provided information regarding the 6501h Condition of Approval and explained the bond requirements. Mayor Pro Tem Magee asked Mr. Tomlinson if he would provide the City with assistance with public relations and provided education regarding improvements on Lake Street; and, asked Mr. Stephenson to provide Council with a project status report in 30 days. Mr. Tomlinson responded in the affirmative and work with the City. Appearing to speak was: Chris Hyland. The motion carried unanimously. Public Hearing(s) 7) An Amendment to the City of Lake Elsinore Municipal Code, Title 17 Zoning, Chapter 17.156 Medical Mariivana Dispensaries The Public Hearing was opened at 8:29 p.m. by Mayor Tisdale. Community Development Director Taylor provided the Staff Report. There being no members of the Public coming forward to speak the Mayor closed the Public Hearing at 8:33 p.m. Director Taylor and City Attorney Leibold responded to Council's Comments. City Attorney Leibold requested that Council direct staff to include that the authority to cultivate requires a medical marijuana card and the authority is by parcel and not by card. Page 4 It was moved by Mayor Pro Tern Magee, seconded by Council Member Johnson, and unanimously carried, to waive further reading and introduce by title only the Ordinance as amended to include: the authority to cultivate requires a medical marijuana card; the authority is by parcel and not by card; and that this Ordinance reflects the same requirements as the County Riverside Ordinance. Ordinance No. 201.6 -1348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, CHAPTER 17.156 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF MEDICAL MARIJUANA DESPENSARIES AND CULTIVATION. Business Item (s) 8) Mayor's Recommended Council Appointments City Manager Yates provided the staff report. Mayor Tisdale announced change to the appointment list to include the Dream Extreme 2040 Committee and that Mayor Pro Tern Magee will serve on the Budget Committee. It was moved by Council Member Manos, seconded by Council Member Hickman, and unanimously carried to approve the Mayor's Appointment list as amended. 9) Naming of Summerly Park Site Project Analyst McCarthy provided the Staff Report. Brian Milich with CMD Pacific Ventures responded to Council comments regarding the timeline of the Summerly development. Council discussed naming the park John Gonzalez or Skylark Park. It was moved by Council Member Johnson, seconded by Council Member Manos, and unanimously carried, to name the park Summerly Community Park and the amphitheater named Skylark Amphitheater. Public Comments — Non -A endized Items Appearing to speak were: David Hayes, Pierre Cobbaert, Danny Boardlong, and Jerry Harmatz. Mayor Pro Tern Magee responded to Danny Boardlong's comments and requested that the Public Works staff finish the clean up on Park Way. Adiournment The meeting adjourned at 9:05 p.m. to the Regular meeting of Tuesday, January 26, 2016, to be held at the Cultural Center located at 183 N. Main Street. Brian Tisdale, or Page 5 Susan M. Domen, MMC, City Clerk