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HomeMy WebLinkAboutItem No. 02 Minutes of the Regular Meeting on Feb. 28th, Mar. 14th, and Mar. 28, 2017Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-135 Agenda Date: 4/11/2017 Status: Consent AgendaVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 2) Page 1 City of Lake Elsinore Printed on 4/6/2017 Page 1 City of Lake Elsinore Meeting Minutes City Council Tuesday, February 28, 2017 Call to Order A Regular meeting of the City 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 5:00 p.m. by Mayor Magee, noting the absence of Council Member Hickman. There being no members of the Public appearing to speak, the meeting recessed at 5:01 p.m. to Closed Session. City Council Closed Session 1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957(B)): City Manager 2) CONFERENCE WITH LABOR NEGOTIATOR (Gov’t Code Section 54957.6) City negotiator: City Manager Grant Yates Employee organization: Lake Elsinore Chapter of Laborer’s International Union of North America, Local 777 3) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: 19.46 acres of unimproved land on Mission Trail, including APN 365-030-041, 365-030-004 thru 007; 365-030-016 thru 023; 365-030-027 thru 037 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and CP Mission, LLC Under negotiation: Price and terms of payment 4) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: 112 South Main Street, Lake Elsinore (APN 373-151-022) Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Joe Zahabi Under negotiation: Price and terms of payment 5) CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Gov’t Code Section 54956.9: 1 potential case 6) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Pacific Clay Products, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1611695 Page 2 Reconvene The Mayor reconvened the meeting at 7:00 p.m. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Magee Invocation Mayor Magee requested a moment of silence. Roll Call Present: Council Members Manos and Tisdale; Mayor Pro Tem Johnson and Mayor Magee Absent: Council Member Hickman Presentations / Ceremonials 1) Recognition of Lake Elsinore Queens – Mayor Magee presented the certificates of recognition to the Lake Elsinore Queens: Junior Teen Miss City of Lake Elsinore Rachel Anne Swift and Junior Miss Lake Elsinore Nkechi Rochelle Uzor. 2) Recognition of United Academy Association Girls U-12 Soccer Team – Mayor Magee presented Certificates of Recognition to the team players. Closed Session Report City Attorney Leibold listed the items discussed by Council and reported that there was no reportable action. Public Comments – Non-Agendized Items Appearing to speak were: Agnes Williams, Ace Vallejos, Kim Cousins, Larry Numedahl and Sarah Russell Consent Calendar It was moved by Mayor Pro Tem Johnson, seconded by Council Member Tisdale, and unanimously carried noting the absence of Council Member Hickman, to approve the Consent Calendar. 1) Investment Report for January 2017 – received and filed. 2) Warrant List Dated February 9, 2017 – received and filed. 3) Minutes of the Special Meeting of February 1, 2017 – approved. 4) Amendment No. 1 to Excel Landscape FY 2016/2017 Citywide Landscape Maintenance Contract Services Agreement – authorized the City Manager to execute Amendment No. 1 to the agreement in the amount $276,000.00. 5) Construction Agreement with Wolverine Fence Company Inc. for the Perimeter Fencing and Screening at La Laguna RV Storage Project (CIP PROJECT #Z40007) – authorized the City Manager to execute the agreement in an amount not to exceed $101,565.00. Page 3 6) Construction Agreement with Edmondson Construction Company for the Site Preparation and Placement of Class II Road Base at La Laguna Rehabilitation Project (CIP PROJECT #Z40007) – authorized the City Manager to execute the Agreement in an amount not to exceed $89,500.00. 7) Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention to Consider Annexing Territory Tract Nos. 28214-6, 7, and 8. Annexation No. 2 – adopted the Resolution. Resolution No. 2017-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 (ANNEXATION NO. 2) OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) 8) Waived further reading and adopted by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2016-01 FOR AN APPROXIMATELY 520,000 SQUARE FOOT INDOOR COMMERCIAL SPORTS FACILITY ON 23.12 ACRES OF DISTURBED VACANT LAND 9) Waived further reading and adopted by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN NO. 2010-02 10)Waived further reading and adopted by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN 11)Waived further reading and adopted by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING MUNICIPAL CODE, CHAPTER 8, SECTION 14, SMOKING IN CERTAIN PUBLIC AREAS 12)Transportation Development Act Article 3 Fund Independent Accountant's Report for Fiscal Year 2013-2014 and 2014-2015 – received and filed. 13)Purchase of Class II Base Material from Chandler Aggregates Inc. for the RV Resort Storage Project (CIP Project #Z40007) – authorized the City Manager to execute the purchase order in the amount of $45,000.00; and, execute the purchase change order not to exceed the 10 percent contingency amount of $4,500.00 for adjustments in the material estimate quantities as needed. 14)Acquiring Vintage RV Trailers for the RV Resort Rehabilitation Project (CIP PROJECT #Z40007) – authorized the City Manager to execute the purchase order in an amount not to exceed $325,000.00. 15)Joint Community Facilities Agreement with Elsinore Valley Municipal Water District and Far West Industries relating to Community Facilities District No. 2015-5 (Trieste) – adopted the Resolution. Resolution No. 2017-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2015-5 OF THE CITY OF LAKE ELSINORE (TRIESTE) WITH ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND FAR WEST INDUSTRIES Page 4 16)Annexation No. 3 Into Community Facilities District No. 2015-2 (Maintenance Services) For Fairway Business Center (PM 36551) – adopted the Resolution. Resolution No. 2017-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 3) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN 17)Temescal Canyon Road Bridge Emergency Repairs – adopted the Resolution. Resolution No. 2017-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING AND FINDING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE PROCUREMENT AND AWARD OF THREE CONSTRUCTION CONTRACTS TO PERFORM EMERGENCY BRIDGE AND PAVEMENT REPAIRS ON TEMESCAL CANYON ROAD; AWARD OF CONTRACT Public Hearing 18)Formation of Improvement Areas JJ and KK within City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) The Public Hearing was opened at 7:18 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that zero pieces of correspondence had been received. There being no members of the Public appearing to speak, the Public Hearing was continued to March 14, 2017. It was moved by Council Member Manos, seconded by Mayor Pro Tem Jonson, an unanimously carried noting the absence of Council Member Hickman, to continue the Public Hearing until March 14, 2017. Business Item 19)Quality of Life Enforcement Community Development Director Taylor, Code Enforcement Supervisor Lopez and Sergeant Ponder presented a Power Point presentation. Appearing to speak were: Ace Vallejos, Toni Ili and Alma Quinn Code Enforcement Administrative Supervisor Lopez and Sergeant Ponder responded to comments from Council. It was moved by Mayor Magee, seconded by Mayor Pro Tem Johnson, and unanimously carried noting the absence of Council Member Hickman, to receive and file the report; and, adopt the Riverside County Regional Homelessness Statement of Principles. Recess The meeting recessed to the Successor Agency meeting at 8:17 p.m. and reconvened at 8:18 p.m. Page 5 City Council Comments Council Member Manos reported that he attended the League of California Cities meeting in Lodi and was recently elected to the regional position to Southern California Association of Governments; thanked Staff for the La Laguna RV Storage Project and the RV Resort Rehabilitation Project; and, announced the LE Park Tour Challenge-photos of people getting active at the 10 different parks and Art on Main every second Thursday of every month. Mayor Pro Tem Johnson announced the Elsinore Woman’s Club Casino Night on March 11th, the Unity in the Community Run/Walk and Eggapalooza on April 15 th and the Cops for Kids Celebrity Golf Tournament on May 5th; reminded everyone to download and use the Alert LE Mobile App to report and track complaints; and, congratulated the Girls U12 soccer team; and, thanked everyone for attending the meeting. Mayor Magee announced the first fish stocking took place last week and there will be three more by June, the January Photo Contest winner is Missy Norfolk, the Lucas Oil Nationals are on March 24 and 25th and sandbags are still available at the City Public Works Yard and fire stations throughout the valley. City Attorney Comments City Attorney Leibold congratulated Council on the meeting; and, thanked Castle and Cooke and the Lake Elsinore Valley Chamber for attending the meeting. Public Comments – Non-Agendized Appearing to speak was: Alma Quinn. Mayor Pro Tem Johnson, City Manager Yates, Council Member Manos and Council Member Tisdale responded to comments from Ms. Quinn regarding the homeless problem in the City. Sergeant Ponder explained the partnership between the Cities of Lake Elsinore, Temecula and Jurupa Valley Police Departments to help deal with the homeless problem. Mayor Magee commented on the homeless problem in the City and noted several volunteer programs that Ms. Quinn could participate in. Adjournment The meeting was adjourned at 8:51 p.m. to Tuesday, March 14, 2017, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, in memory of Adria Bryning. _______________________________ Robert E. Magee Mayor __________________________ Susan M. Domen, MMC City Clerk Page 1 City of Lake Elsinore Meeting Minutes City Council Tuesday, March 14, 2017 Call to Order A Regular meeting of the City 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, with all Members present. There being no members of the Public appearing to speak, the meeting recessed at 6:00 p.m. to Closed Session. City Council Closed Session 1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case) Reconvene The meeting reconvened at 7:01 p.m. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Magee Invocation Mayor Magee requested a moment of silence. Roll Call Present: Council Members Hickman, Manos and Tisdale; Mayor Pro Tem Johnson and Mayor Magee Absent: None Presentations / Ceremonials 1) Battle of the Badges Softball Tournament Award – Mayor Magee presented a trophy to the Fire Department team. 2) Cops for Kids Update – Dave Fontneau, Executive Director, gave a brief history on the Cops for Kids program and presented a Power Point presentation. Closed Session Report City Attorney Leibold listed the item discussed by Council and reported that there was no reportable action. Page 2 Public Comments – Non-Agendized Items Appearing to speak were: Ace Vallejos, Bill Silbermann, Kim Cousins and Dawn Bowen. Consent Calendar It was moved by Mayor Pro Tem Johnson, seconded by Council Member Tisdale, and unanimously carried, to approve the Consent Calendar. 1) Warrant List Dated February 23, 2017 – received and filed. 2) Minutes of the Regular Meeting of February 14, 2017 – approved. 3) Agreement and Escrow Instructions for Purchase and Sale of Real Property: APN 377-231-028 – approved the agreement and instructions; authorized the Assistant City Manager to execute the agreement; and, directed the City Manager to execute the Certificate of Acceptance. 4) Lease Agreement - 112 S. Main Street – authorized the City Manager to execute the agreement. 5) Local Government Tire Amnesty Grant Program – adopted the Resolution. Resolution No. 2017-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE DEPARTMENT OF RESOURCES AND RECYCLING AND RECOVERY (CALRECYCLE) FOR GRANT FUNDS AND RELATED AUTHORIZATIONS Public Hearings 6) Planning Application No. 2016-56 (Running Deer) - Extension of Time Request and Revision to Tentative Tract Map No. 31957 The Public Hearing was opened at 7:17 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that zero pieces of correspondence had been received. Community Development Director Taylor presented a Power Point presentation. There were no members of the Public appearing to speak. City Attorney Leibold noted that Mayor Pro Tem Johnson confirmed proximity of her residence to the tract and she does not have a conflict of interest and is permitted to vote. In response to Council comments, Applicant Erik Lunde, confirmed he had and will again have conversations with the school district regarding traffic circulation. The Public Hearing was closed at 7:23 p.m. It was moved by Council Member Manos, seconded by Council Member Tisdale, and unanimously carried, to adopt the Resolutions. Page 3 Resolution No. 2017 – 034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDINING THAT PLANNING APPLICATION NO. 2016-56 (TENTATIVE TRACT MAP NO. 2016-06 AND EXTENSION OF TIME NO. 2016-03) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Resolution No. 2017 - 035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 2016-06 REQUESTING APPROVAL OF REVISION NO. 1 TO TENTATIVE TRACT MAP NO. 31957 Resolution No. 2017 - 036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING EXTENSION OF TIME NO. 2016-03 REQUESTING A FOUR-YEAR EXTENSION OF TIME TO SEPTEMBER 13, 2020, FOR TENTATIVE TRACT MAP NO. 31957 7) Planning Application No. 2017-04 (South Shore II) - Extension of Time Request for Tentative Tract Map No. 36567 The Public Hearing was opened at 7:23 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that zero pieces of correspondence had been received. Community Development Director Taylor presented a Power Point presentation. There were no members of the Public appearing to speak. The Public Hearing was closed at 7:26 p.m. It was moved by Mayor Pro Tem Johnson, seconded by Council Member Manos, and unanimously carried, to adopt the Resolution. Resolution No. 2017 - 037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A SIX-YEAR EXTENSION OF TIME TO APRIL 14, 2023, FOR TENTATIVE TRACT MAP NO. 36567 8) Planning Application No. 2016-87 (Canyon Hills Estates) - Extension of Time Request for Tentative Tract Map No. 34249 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 zero pieces of correspondence had been received. Community Development Director Taylor presented a Power Point presentation. Appearing to speak was: John Kracik. Director Taylor and Applicant Representative Cindy Domenigoni, responded to questions from the Public and Council. The Public Hearing was closed at 7:40 p.m. It was moved by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, and unanimously carried, to adopt the Resolution. Page 4 Resolution No. 2017 - 038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A FOUR-YEAR EXTENSION OF TIME TO JANUARY 23, 2021, FOR TENTATIVE TRACT MAP NO. 34249 9) Formation of Improvement Areas JJ and KK within City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) and Authorization of Special Taxes and Bonded Indebtedness for Improvement Areas JJ and KK There Public Hearing was opened at 7:40 p.m. There were no members of the Public appearing to speak. It was moved by Council Member Tisdale, seconded by Council Member Hickman, and unanimously carried, to continue the Public Hearing until the March 28, 2017, meeting. Business Items 10)Violations, Administrative Citations, Lake Use Regulations, and Parking Regulations Ordinances Management Analyst Young provided a Power Point presentation. Appearing to speak was: Bentley Brown. Management Analyst Young responded to comments and questions from the Public and Council. It was moved by Mayor Pro Tem Johnson, seconded by Council Member Hickman, and unanimously carried, to review the regulations for the the issuance of citations and continue the item off calendar. 11)Urgency Ordinance Amending and Restating Lake Elsinore Municipal Code, Chapter 15.64, Flood Damage Prevention City Engineer Fagrell presented a Power Point presentation. There were no members of the Public appearing to speak. Engineer Fagrell responded to comments from Council and will ensure the FEMA map is updated. Mayor Magee requested that staff map the 100 year flood plain and seek support of attaining federal financial assistance from Congressman Calvert. It was moved by Council Member Tisdale, seconded by Council Member Manos, and unanimously carried to adopt by title only and waive further reading of the Urgency Ordinance; and, to seek assistance from Congressman Calvert in obtaining federal financial assistance. Ordinance No. 2017 - 1372 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 15.64, FLOOD DAMAGE PREVENTION OF THE LAKE ELSINORE MUNICIPAL CODE IN ITS ENTIRETY TO ADOPT FLOOD HAZARD MAPS, DESIGNATE A FLOODPLAIN ADMINISTRATOR; PROVIDE FOR SEVERABILITY AND AN EFFECTIVE DATE AND PROVIDING FOR A HEARING ON OBJECTIONS Page 5 Recess The meeting recessed to the Successor Agency meeting at 8:03 p.m. and reconvened at 8:04 p.m. Public Comments – Non-Agendized Items Appearing to speak were: Bill Silbermann, Cathy Stevenson, Bentley Brown and David Behrens. City Council Comments Council Member Manos thanked the City Clerk’s Department for bringing the minutes up to date; thanked residents for coming out to the meeting and talking about the homeless issue; and, announced there will be several new restaurants opening on Main Street in the next few months. Council Member Hickman announced the new restaurant on Main Street is the Rusticana; commented that it is March madness time; and, reminded everyone to drive safely as the weather is getting warm and there are children playing outdoors. Council Member Tisdale thanked Bill Silbermann, a Marine in the audience, for what he is doing; noted that Riverside County has reached a functional zero which means if there is a homeless Veteran in the County there is a place for them to receive assistance, there are 22 identified Veterans that refuse services, and there are several committees and alliances that work with the homeless to first find housing and then assist them in getting services and, the City continues to be at a proactive stance with the homeless; thanked Ms. Stephens for comments on the immigration issue and stated he would never support something that this country has neglected and is a federal government issue. Mayor Pro Tem Johnson responded to inconsistencies in comments from the public on the Lake Use Ordinance; reminded everyone they should be prepared for 72 hours should a catastrophic event happen; announced the Clean Extreme on April 22nd, the Eggapalooza and the Unity in Community Run are on April 15th and high school scholarship applications are due by the end of the month; recommended everyone to download the Alert LE app to report and track complaints; and, thanked everyone for conversations about quality of life issues and stated she appreciates an engaged community. Mayor Magee reminded everyone regarding transients or homeless “if you see something say something” and gave credit to staff for enforcement efforts; noted the City is trying to get help from State and Federal representatives and is currently working with County partners; announced the February Photo contest winner is Dan Baldwin, the La Laguna campground’s first yurt is completed and available to rent and fish stocking will be on March 15th; and, reminded everyone to wear green and behave responsibly on St. Patrick’s day. City Manager Comments City Manager Yates announced that the Temescal Bridge is open; and noted that staff is working on obtaining reimbursement from FEMA for storm related damages. Adjournment The meeting adjourned at 8:26 p.m. to Tuesday, March 28, 2017, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore. _______________________________ Robert E. Magee Mayor __________________________ Susan M. Domen, MMC City Clerk Page 1 City of Lake Elsinore Meeting Minutes City Council Tuesday, March 28, 2017 Call to Order A Regular meeting of the City 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 5:00 p.m. by Mayor Magee, with all Members present, the meeting recessed at 5:01 p.m. to Closed Session. Public Comments There was no response to the Mayor’s invitation for public comment. City Council Closed Session 1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957(B)): City Attorney 2) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: 19.46 acres of unimproved land on Mission Trail, including APN 365-030-041, 365-030-004 thru 007; 365-030-016 thru 023; 365-030-027 thru 037 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and CP Mission, LLC Under negotiation: Price and terms of payment 3) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Castle & Cooke Alberhill Homebuilding, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1610778 4) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Smith v. City of Lake Elsinore, et al. Superior Court Case No. RIC 1609814 Reconvene The meeting reconvened at 7:02 p.m. Pledge of Allegiance The Pledge of Allegiance was led by Eagle Scout, Kaden Quintana. Page 2 Invocation Mayor Magee requested a moment of silence. Roll Call Present: Council Members Hickman, Manos and Tisdale, Mayor Pro Tem Johnson and Mayor Magee Absent: None Presentations / Ceremonials 1) Recognition of Eagle Scout Kaden Quintana - Mayor Magee presented a Certificate of Recognition for receiving Eagle Scout status, to Kaden Quintana. 2) Recognition of Basketball City Champs - Lakeside High School Girls Team and Temescal Canyon High School Boys Team – Council Member Hickman presented the trophies for Basketball City Champs to Lakeside High School Girls Team and Temescal Canyon High School Boys Team. Closed Session Report City Attorney Leibold listed the items discussed by Council and stated there was no reportable action. Public Comments – Non-Agendized Items Appearing to comment were: Ace Vallejos, Ms. Miller and Karie Reuther. Consent Calendar It was moved by Council Member Manos, seconded by Council Member Tisdale, and unanimously carried, to approve the Consent Calendar. 1) Warrant List Dated March 16, 2017 – received and filed. 2) Investment Report for February 2017 – received and filed. 3) Purchase and Delivery of Two Pacific Yurts (24’ and 30’ Yurt) from Pacific Yurts Inc. for the RV Resort Rehabilitation Project (CIP Project #Z40007) – authorized the City Manager to execute a Purchase Order in the amount of $32,441.00. 4) On-Call and Minor Construction Contractor Services Agreement with Endresen Development, LLC – approved the agreement in the amount of $250,000.00; and, authorized the City Manager to execute change orders not to exceed the 10% contingency amount of $25,000.00. 5) Cooperative Paving Funding Agreement with EVMWD for Pottery Street and Country Club Heights - - authorized the City Manager to execute the agreement in the amount of $177,661.93. 6) Grant of Easement to Elsinore Valley Municipal Water District – authorized the City Manager to process the easement documents and instructed staff to forward the document to the Elsinore Valley Municipal Water District (EVMWD) for recordation. 7) Amendment No. 2 to the Agreement with Evergreen Cleaning Solution for Citywide Janitorial Services – authorized the City Manager to execute the Amendment modifying the Scope of Services, and increasing the contract amount by $21,425.00 bringing the new contract total to $94,619.00. Page 3 8) Planning Application No. 2017-008 (Summerly, DR Horton): Building Design and Construction of 95 Single Family Residential Units Ranging in Size From 1,387 Square Feet to 1897 Square Feet – adopted the Resolutions. Resolution No. 2017-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION 2017-008 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Resolution No. 2017-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION 2017-008 PROVIDING BUILDING DESIGNS FOR 95 SINGLE FAMILY RESIDENTIAL UNITS RANGING IN SIZE FROM 1,387 SQUARE FEET (SF) TO 1,897 SQUARE FEET LOCATED WITHIN TRACT 31920-24 OF THE SUMMERLY DEVELOPMENT OF THE EAST LAKE SPECIFIC PLAN (APN: 371-270-022, 044, AND 054). Public Hearings 9) Formation of Improvement Areas JJ and KK within City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) and Authorization of Special Taxes and Bonded Indebtedness for Improvement Areas JJ and KK The Public Hearing was opened at 7:21 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that zero pieces of correspondence had been received. Bond Counsel Bryan Forbath, of Stradling Yocca Carson & Rauth provided the staff report. Appearing to speak were: none. City Clerk Domen affirmed that she had not received any written protests from any registered voters or landowners of more than 50 percent of the acreage located within Improvement Area JJ or Improvement Area KK of Community Facilities District (CFD) No. 2006-1. The Public Hearing was closed at 7:25 p.m. It was moved by Council Member Manos, seconded by Mayor Pro Tem Johnson, and unanimously carried, to adopt the Resolutions. Resolution No. 2017-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-01 (SUMMERLY), ESTABLISHING IMPROVEMENT AREAS JJ AND KK OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY), AUTHORIZING THE LEVY OF SPECIAL TAXES, AND CALLING ELECTIONS THEREIN Resolution No. 2017-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN IMPROVEMENT AREAS JJ AND KK OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) AND CALLING ELECTIONS THEREIN Page 4 City Clerk Domen announced that all ballots were cast for the election within for each, Improvement Area JJ and Improvement Area KK, of CFD No. 2006-1, declared the election closed and that each of the ballot propositions had been approved by more than two-thirds of the votes cast in each of the elections, for Improvement Area JJ and Improvement Area KK, of CCFD No. 2006-1. It was moved by Mayor Pro Tem Johnson, and seconded by Council Member Tisdale, and unanimously carried, to adopt the Resolution. Resolution No. 2017-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) CERTIFYING THE RESULTS OF THE MARCH 28, 2017, SPECIAL TAX AND BOND ELECTIONS It was moved by Council Member Tisdale, seconded by Council Member Manos, and unanimously carried, to introduce the Ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN EACH OF IMPROVEMENT AREAS JJ AND KK OF SUCH DISTRICT 10)Planning Application No. 2016-109 (Mckenna Court): Technical Amendment of the General Plan to Correct a Mapping Error by Reverting the General Plan Land Use Designation from Low Density Residential to Low-Medium Density Residential and a Zone Change to Revert the Zoning from Residential Estate to R1-Single Family Residential The Public Hearing was opened at 7:28 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that zero pieces of correspondence had been received. Principal Planner Kirk presented a Power Point presentation. Appearing to comment was: Ms. Miller. Applicant Daniel Boyd responded to public comments. The Public Hearing was closed at 7:38 p.m. It was moved by Council Member Manos, seconded by Council Member Hickman, and unanimously carried, to adopt the Resolution. Resolution No. 2017-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2017-001, A TECHNICAL AMENDMENT TO CORRECT A MAPPING ERROR BY REVERTING THE GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL TO LOW-MEDIUM DENSITY RESIDENTIAL FOR ASSESSOR PARCEL NUMBERS: 379-150-001, 002, 041 thru 044 It was moved by Council Member Manos, seconded by Mayor Pro Tem Johnson, and unanimously carried, to introduce the Ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2017-01 REVERTING THE ZONING DESIGNATION OF LOW RESIDENTIAL ESTATE TO R-1 SINGLE FAMILY RESIDENTIAL FOR ASSESSOR PARCEL NUMBERS: 379-150-001, 002, 041 thru 044 Page 5 11)Planning Application 2016-01 (Central Plaza): A Proposed 65,803 Square Foot Commercial Center on an Approximately 7.25 Acre Site The Public Hearing was opened at 7:40 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that zero pieces of correspondence had been received. Principal Planner Kirk presented a Power Point presentation. Applicant Representative Greg Lukosky recommended approval of the project. Appearing to speak were: Ms. Miller, Kim Cousins and Paul Gravell Council Member Manos and Mayor Pro Tem Johnson spoke in response to Public Comments. There being no further response to the Mayor's invitation to speak, the Public Hearing was closed at 7:57 p.m. It was moved by Council Member Manos, seconded by Mayor Pro Tem Johnson, and unanimously carried, to adopt the Resolutions. Resolution No. 2017-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING OF MITIGATED NEGATIVE DECLARATION 2016-01 (SCH 2017021072) FOR PLANNING APPLICATION 2016-01 (COMMERCIAL DESIGN REVIEW NO. CDR 2016-01, CONDITIONAL USE PERMIT NO. CUP 2016-01, AND TENTATIVE TRACT MAP NO. 37284) Resolution No. 2017-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION 2016-01 (COMMERCIAL DESIGN REVIEW NO. CDR 2016-01, CONDITIONAL USE PERMIT NO. CUP 2016-01, AND TENTATIVE TRACT MAP NO. 37284) ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Resolution No. 2017-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING OF TENTATIVE TRACT MAP NO. 37284 PROVIDING FOR THE SUBDIVISION OF FIVE LOTS INTO EIGHT LOTS AND THE RECONFIGURATION OF THE ADJACENT RIGHT OF WAY Resolution No. 2017-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2016-01 FOR THE ESTABLISHMENT OF AN APPROXIMATELY 4,500 SQUARE FOOT RESTAURANT WITH DRIVE THROUGH Resolution No. 2017-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2016-01 PROVIDING BUILDING DESIGNS FOR 65,803 SQUARE FEET OF DEVELOPMENT CONSISTING OF A MAIN BUILDING LOCATED ON THE SOUTHERN PORTION OF THE SITE AND FOUR PAD BUILDINGS WITH ASSOCIATED ON-SITE AND OFF-SITE IMPROVEMENTS Page 6 12)Extension of Time for Tentative Tract Map No. 32129 (Sauls/Simard) The Public Hearing was opened at 7:58 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that one piece of correspondence had been received in opposition. Principal Planner Kirk presented a Power Point presentation Applicant Ed Sauls objected to the modification of the street section and requested Council to consider keeping a 36' right of way section instead of 40'. Appearing to comment were: none. Principal Planner Kirk and Fire Marshall Bloom responded to questions from Council. Council Member Hickman suggested no parking on one side of the street. Mr. Sauls agreed to consider the idea. Mayor Magee requested that Mr. Sauls meet with neighbors to discuss plans for the area and Mr. Sauls agreed to. The Public Hearing Closed at 8:21 p.m. It was moved by Council Member Hickman, seconded by Mayor Pro Tem Johnson, and unanimously carried, to adopt the Resolution amending Condition No. 46 to remember 40’ requirement and add no parking on one side of the street. Recess The meeting recessed to the Successor Agency meeting at 8:22 p.m. and reconvened at 8:22 p.m. Public Comments – Non–Agendized Items Appearing to comment were: Ms. Miller and Paul Gravell. City Council Comments Council Member Hickman announced the Riverside Transit Agency 40 th Anniversary and 25 cent rides; congratulated Lakeside High school on producing a play recently; reported he attended the Elks’ scholarship program and approximately $15,000.00 was awarded to local students. Council Member Manos noted that Lake Elsinore is the fastest growing City in the region and United States, with beautiful weather, wonderful setting and place to live, can’t restrict growth; announced the Time Capsule Reburial on May 12th and the deadline to submit content ideas is April 10th, the Clean Extreme event on April 22nd and Lake Opening Day on April 8th with a free one day Lake Use pass. Council Member Tisdale announced that the Reality Rally will be held on April 8th and the City team members are Council Member Manos, Beau Davis, and himself. Mayor Pro Tem Johnson reported she attended the Ribbon Cutting ceremony at the Diamond stadium earlier; congratulated Eagle Scout Kaden Quintana; announced the City Services Guide is available; thanked staff for their work; noted she does not like negotiations being conducted at the dais; and, thanked everyone for their hard work and flexibility. Page 7 CITY MANAGER COMMENTS City Manager Yates introduced City Engineer Fagrell who presented a Power Point presentation providing updates on transportation projects. Mayor Magee showed a video, taken by a resident, of the flowers blooming in the hills in the area. ADJOURNMENT The meeting adjourned at 8:57 p.m. to Tuesday, April 11, 2017, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore. _______________________________ Robert E. Magee Mayor __________________________ Susan M. Domen, MMC City Clerk