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HomeMy WebLinkAbout11-14-2017 City Council Minutescl1'Y of LAKE LSil' ORJE Dur:n,vEJtrnc�r City of Lake Elsinore Meeting Minutes City Council Tuesday, November 14, 2017 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 6:00 p.m. by Mayor Magee. There being no members of the public appearing to speak, the meeting was recessed at 6:00 p.m. to Closed Session. Closed Session 1) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 2 potential cases 2) 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 Reconvene The meeting was reconvened at 7:00 p.m. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Magee. Invocation - Moment of Silence Mayor Magee requested a moment of silence. Roll Call Present: Council Member Hickman, Manos and Tisdale; Mayor Pro -Tem Johnson and Mayor Magee Absent: None Presentations/Ceremonials 1) Business of the Quarter Mayor Magee presented the Business of the Quarter Award to Steve Miller of Dirt Series Racing. 2) Citizen of the Quarter Mayor Magee presented the Citizen of the Quarter Award to Brett Masters. Page 1 of 7 3) Girl Scout Troop 1124 Recognition Mayor Magee presented Certificates of Recognition to members of Girl Scout Troop 1124 for earning their Gold, Silver and Bronze awards. Closed Session Report 1) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 2 potential cases 2) 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 City Attorney Leibold listed the items discussed and stated that the Council directed the City Attorney to initiate litigation in two cases. Council approved a Memorandum agreement between the Riverside Conservation Authority and the City settling an outstanding dispute regarding payment of Multiple Species Habitat Conservation Plan fees; and, the Council agreed to Mayor Pro -Tem Johnson signing the agreement as a representative of the Council. Public Comments – Non-Agendized Items Appearing to comment were: Larry Numedahl, Bobbi and Darryl Sutton, Ace Vallejos Consent Calendar It was moved by Mayor Pro -Tem Johnson, seconded by Council Member Tisdale, and unanimously carried, to approve the Consent Calendar. Item No. 4 was pulled for discussion and is listed below. 1) CC Warrant List Dated October 26, 2017 – received and filed. 2) CC Minutes for the Regular Meeting of September 26, 2417 – received and filed. 3) Lake Elsinore Perris and Menifee Agreement for the 1-15/Nichols Road Interchange to the I- 215/Ethanac Road Corridor Stud – authorized the City Manager to execute the Cooperative Agreement between Riverside County and the Cities of Lake Elsinore, Perris and Menifee for the I- 15/Nichols Road Interchange to the 1-215/Ethanac Road Corridor Study. 5) Uniform Guidance Procurement Extension – authorized a one-year grace period extension to allow for the implementation of the new Federal Uniform Guidance Procurement Standards. 6) Lakeshore Drive Parking Lot CIP Project No. Z10027 – authorized the City Manager to execute a Public Works Construction Agreement with Roadway Engineering & Contracting Inc. in the amount of $190,138.60 in such final form as approved by the City Attorney; and, execute change orders not to exceed the 15 percent contingency amount of $28,520.79; and, authorized the City Clerk to record the Notice of Completion once determined the work is complete and the improvements are accepted into the City maintained roadway network. 7) Amendment No. 2 to the Professional Services Agreement PSA with Engineering Resources of Southern California Inc. – authorized the City Manager to execute Amendment No. 2 to the PSA in an amount not to exceed $32,460.00. Page 2 of 7 8) Conference Room and Outdoor Furniture for the RV Campground Protect and Office Furniture and Equipment — authorized the City Manager to execute a Purchase Order in the amount of $150,000.00 with Tanagram Interiors. 9) Design and Build of Special Enhancement and Effects at the RV Campground Rehabilitation Project (CIP Project #240007) Design and Build Agreement with PlainJoe Studios — authorized the City Manager to execute the agreement in an amount not to exceed $565,622.26 in such final form as approved by the City Attorney; and, authorized the City Manager to execute Change Orders not to exceed a 10 percent contingency amount of $56,562.23 for uncertainties and adjustments. Item Removed from the Consent Calendar 4) Cooperative Agreement State SHOPP Minor Funds Contribution for 1-15/MainStreet City Engineer Fragell provided the Staff Report. It was moved by Council Member Tisdale, seconded by Mayor Pro -Tem Johnson, and unanimously carried, to authorize the City Manager to execute the Agreement in the amount of $476,000.00. Public Hearing(s) 10) Issuance of Community Facilities District 2003-2 (Canyon Hills Improvement Area B Special Tax Bonds 2017 Series The hearing was opened at 7:26 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that no correspondence had been received. Assistant City Manager Simpson requested the item be continued to the Regular meeting of November 28, 2017. There were no members of the public appearing to speak. The Public Hearing was closed at 7:27 p.m. It was moved by Council Member Hickman, seconded by Council Member Tisdale, and unanimously carried, to continue the Public Hearing to November 28, 2017. 11) formation of Community Facilities District No. 2017-1 Mission Trails Services of the City of Lake Elsinore The Public Hearing was opened at 7:27 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that no correspondence had been received. Shane Spicer, consultant, presented a Power Point presentation and stated there is no Ordinance for this item. There were no members of the public appearing to speak. There being no further discussion, the Public Hearing was closed at 7:32 p.m. It was moved by Council Member Manos, seconded by Council Member Tisdale, and unanimously carried, to adopt the Resolution. Page 3 of 7 Resolution No. 2017-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MISSION TRAILS SERVICES) OF THE CITY OF LAKE ELSINORE, AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN, CALLING AN ELECTION AND APPROVING AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO; AND, City Clerk Domen affirmed all ballots have been cast in connection with the election for CFD No. 2017-1 and declared the election closed; and, declared that each of the ballot propositions have been approved by more than two-thirds of the votes cast in the election for CFD 2017-1. It was moved by Council Member Manos, seconded by Council Member Hickman, and unanimously carried, to adopt the Resolution. Resolution No. 2017-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MISSION TRAILS SERVICES) 12) Election for Annexation Proceedings for Annexation No. 5 Into Community Facilities District No. 2015-2 (Maintenance Services) for Mission Trails Apartments The Public Hearing was opened at 7:33 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that no correspondence had been received. Shane Spicer, consultant, provided a Power Point presentation. There were no members of the public appearing to speak. There being no further discussion, the Public Hearing was closed at 7:36 p.m. It was moved by Council Member Manos, seconded by Council Member Hickman, and unanimously carried, to adopt the Resolutions. Resolution No. 2017-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 5) City Clerk Domen affirmed all ballots have been cast in connection with the election for CFD No. 2015-2 and declared the election closed; and, declared that each of the ballot propositions have been approved by more than two-thirds of the votes cast in the election for CFD 2015-2. It was moved by Council Member Hickman, seconded by Council Member Manos, and unanimously carried, to adopt the Resolution. Resolution No. 2017-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 5) Page 4 of 7 13) Tentative Tract Map No. 37381 and Tentative Tract Map No. 37382Wasson Can on The Public Hearing was opened at 7:38 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that no correspondence had been received. Community Development Director Taylor presented a Power Point presentation. Applicant Representative, Carlos Quela, introduced himself. Appearing to speak was: Mary Venerable. Director Taylor and City Engineer Fagrell responded to comments from the public and the Council. There being no further discussion, the Public Hearing closed at 7:49 p.m. It was moved by Council Member Hickman, seconded by Council Member Manos, and unanimously carried, to adopt the Resolutions. Resolution No. 2017-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT TENTATIVE TRACT MAP NO. 37381 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Resolution No. 2017-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 37381 SUBDIVIDING 19.54 ACRES INTO 73 SINGLE-FAMILY RESIDENTIAL LOTS AND FIVE LETTERED LOTS FOR OPEN SPACE AND A DETENTION BASIN Resolution No. 2017-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT TENTATIVE TRACT MAP NO. 37382 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Resolution No. 2017-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 37382 SUBDIVIDING 55.06 ACRES INTO 199 SINGLE-FAMILY RESIDENTIAL LOST AND 23 LETTERED LOTS FOR A 5.6 -ACRE PARK, OPEN SPACE, UTILITY EASEMENTS, AND DETENTION BASINS 14) Planning Application 2017-012: A Proposed Amendment to the City of Lake Elsinore Municipal Code Title 17 Zoning, Chapter 17.156 Medical Mariouana Dis ensaries The Public Hearing was opened at 7:49 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that no correspondence had been received. Principal Planner Kirk presented a Power Point presentation. Appearing -to speak were: Alexandria Konnetas and Kim Cousins. Council Member Hickman noted interest in allowing M1 and M2 zones to be conservative and, include delivery. Page 5 of 7 Council Member Manos noted that the public voted in favor of this; noted concerns of black market activity; stated that staffs proposal limits available buildings to two areas; the Ordinance needs some flexibility; delivery is a must; and, the General Plan Amendment is onerous and creates a barrier into the market place. Mayor Magee noted his disagreement. There being no further discussion, the Public Hearing was closed at: 8:12 p.m. It was moved by Mayor Magee, seconded by Council Member Tisdale, and failed noting the dissent of Council Members Manos and Hickman, and Mayor Pro -Tem Johnson, to adopt the Ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND REPLACING IN ITS ENTIRETY TITLE 17, CHAPTER 17.156, OF THE LAKE ELSINORE MUNICIPAL CODE CANNABIS DISPENSARIES AND CULTIVATION WITH TITLE 17, CHAPTER 17.156 CANNABIS USES WITHIN THE M-2 ZONE DISTRICT It was moved by Council Member Manos, seconded by Council Member Hickman, and carried noting the dissent of Council Member Tisdale and Mayor Magee, to waive further reading and introduce by title only the Ordinance. Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND REPLACING IN ITS ENTIRETY TITLE 17, CHAPTER 17.156 OF THE LAKE ELSINORE MUNICIPAL CODE CANNABITS DISPENSARIES AND CULTIVATION WITH TITLE 17, CHAPTER 17.156 CANNABIS USES WITHIN THE M-1 AND M-2 ZONE DISTRICTS Public Comments — Non — Agendized Items Appearing to speak was: Jerry Harmatz City Manager Comments City Manager Yates introduced City Engineer Fagrell who provided a Power Point presentation on the Gunnerson Street Safety CalTrans project. City Council Comments Council Member Manos announced that work began on Central Avenue and Highway 74; reminded everyone that Winterfest will be on December 211, and Breakfast with Santa and the Dinner with Santa will be on December 91h; and, reported attendance of the Southern California Association of Governments meeting and, the League of California Cities Riverside Division meeting. Council Member Hickman wished everyone a happy Thanksgiving; reminded everyone of the Christmas Tree Lane at the Elks Lodge; and, provided an update the on High School sports. Council Member Tisdale reported attendance at a band competition for Elsinore Middle School; and, announced a new benefit for veterans to access exchanges online, Wreaths Across America donations by Volunteers for Veterans Foundation, and Active Military Banners are now available for purchase. Mayor Pro -Tem Johnson provided an update on the Homeless Task Force; announced Tips for Kids Fundraiser at Chili's on November 15th; reported on the Southwest Communities Financing Authority Joint Powers Agreement for the Animal Shelter; and, noted attendance at the Lake Elsinore Grand Prix 2017. Page 6of7 Mayor Magee announced a fish stocking on November 31 and that grant money has been allocated for stocking; reported the Lake Elsinore Grand Prix 2017 was a huge success; and, announced the October Photo Contest winner is Stephanie Jackson. ADJOURNMENT The meeting adjourned at 8:48 p.m. to the Regular meeting of Tuesday, November 28, 2017, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore. Natasha Johnson Mayor Susan M. Domen, MMC City Clerk Page 7of7