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HomeMy WebLinkAboutItem No. 02 - City Council Minutes September 28, 2021City Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 21-353 Agenda Date: 10/12/2021 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 2) Minutes of the Regular City Council Meeting of September 28, 2021 Approve the Minutes. Page 1 City of Lake Elsinore Printed on 10/7/2021 183 N. Main Street Lake Elsinore, CA 92530City of Lake Elsinore Meeting Minutes - Draft City Council / Successor Agency Robert E. Magee, Mayor Timothy J. Sheridan, Mayor Pro Tem Brian Tisdale, Council Member Natasha Johnson, Council Member Steve Manos, Council Member Jason Simpson, City Manager 7:00 PM Cultural CenterTuesday, September 28, 2021 CALL TO ORDER 6:00 P.M. The Regular Meeting of the City Council was called to order at 6:00 p.m. ROLL CALL Mayor/Chair Robert E. Magee, Mayor Pro Tem /Vice-Chair Timothy J. Sheridan, Council Member/Agency Member Brian Tisdale, Council Member /Agency Member Natasha Johnson and Council Member/Agency Member Steve Manos Present:5 - PUBLIC COMMENTS There were no speakers. CITY COUNCIL CLOSED SESSION A.CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: APNs 373-112-036 and -037 Agency negotiator: City Manager Simpson Negotiating parties: City of Lake Elsinore and CJD Construction Services, Inc. Under negotiation: Price and terms of payment B.CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: APNs 378-254-046 Agency negotiator: City Manager Simpson Negotiating parties: City of Lake Elsinore and Marvin & Lay Lim Under negotiation: Price and terms of payment C.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 RECESS The City Council will recess into Closed Session at 6:01 p.m. Page 1City of Lake Elsinore September 28, 2021City Council / Successor Agency Meeting Minutes - Draft RECONVENE / CALL TO ORDER - 7:00 P.M. The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Magee led the Pledge of Allegiance. INVOCATION – MOMENT OF SILENCE ROLL CALL Mayor/Chair Robert E. Magee, Mayor Pro Tem /Vice-Chair Timothy J. Sheridan, Council Member/Agency Member Brian Tisdale, Council Member /Agency Member Natasha Johnson and Council Member/Agency Member Steve Manos Present:5 - CLOSED SESSION REPORT City Attorney Leibold reported that all items were discussed; however, no action was taken. PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 1 MINUTE Genie Kelley was called to speak. Douglas Norfolk was called to speak. CITY COUNCIL CONSENT CALENDAR Approval of the City Council Consent Calendar Motion by Council Member Manos, seconded by Council Member Johnson, to approve the City Council Consent Calendar. The motion carried by the following vote: Aye:Mayor/Chair Magee, Mayor Pro Tem /Vice-Chair Sheridan, Council Member /Agency Member Tisdale, Council Member/Agency Member Johnson and Council Member/Agency Member Manos 5 - 1)Minutes of the Regular City Council Meeting of September 14, 2021 Approve the Minutes. This item was approved on the City Council Consent Calendar. 2)CC Warrant List Dated September 02, 2021 Receive and file. This item was approved on the City Council Consent Calendar. Page 2City of Lake Elsinore September 28, 2021City Council / Successor Agency Meeting Minutes - Draft 3)CC Investment Report for August 2021 Receive and file. This item was approved on the City Council Consent Calendar. 4)Annual Reporting of Completed State-Mandated Fire and Life Safety Inspections in Compliance with SB 1205 for Calendar Year 2021 Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146 and 17921 OF THE CALIFORNIA HEALTH AND SAFETY CODE. This item was approved on the City Council Consent Calendar. 5)Final Map No. 37305-1, Nichols Ranch Approve Final Map No. 37305-1 subject to City Engineer ’s acceptance as being true and correct, authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 37305-1, and authorize the City Manager to execute the Agreements for Construction of Improvements and Monumentation with Meritage Homes of California, Inc. This item was approved on the City Council Consent Calendar. 6)Amendment No. 1 to the Cooperative Funding Agreement with Elsinore Valley Municipal Water District for the Peck and Chestnut Sewer Replacement Project Approve and authorize the Mayor and City Manager to execute Amendment No. 1 to the Cooperative Funding Agreement with Elsinore Valley Municipal Water District (EVMWD) for the Peck and Chestnut Sewer Replacement Project in an amount not to exceed $623,833.87. This item was approved on the City Council Consent Calendar. 7)Approval of Community Development Block Grant (CDBG) Supplemental Agreement for the 2021-2022 Program Year Authorize the Mayor to execute the Supplemental Agreement with the County of Riverside for the Use of 2021-2022 Community Development Block Grant (CDBG) Funds. This item was approved on the City Council Consent Calendar. 8)Change Order No. 1 to the Construction Agreement with Trueline Construction and Surfacing for the Park Sports Courts and Splash Pad Resurfacing Project (CIP #Z40023) Approve and authorize the City Manager to execute Change Order No. 1 to the Construction Agreement with Trueline Construction and Surfacing in an amount not to exceed $5,124.00 for the Park Sports Courts and Splash Pad Resurfacing Project (CIP #Z40023). This item was approved on the City Council Consent Calendar. Page 3City of Lake Elsinore September 28, 2021City Council / Successor Agency Meeting Minutes - Draft SUCCESSOR AGENCY CONSENT CALENDAR Approval of the Successor Agency Consent Calendar Motion by Agency Member Tisdale, seconded by Agency Member Manos, to approve the Successor Agency Consent Calendar. The motion carried by the following vote: Aye:Mayor/Chair Magee, Mayor Pro Tem /Vice-Chair Sheridan, Council Member /Agency Member Tisdale, Council Member/Agency Member Johnson and Council Member/Agency Member Manos 5 - 9)Minutes of the Regular Successor Agency Meeting of September 14, 2021 Approve the Minutes. This item was approved on the Successor Agency Consent Calendar. 10)SA Warrant List Dated September 2, 2021 Receive and file. This item was approved on the Successor Agency Consent Calendar. 11)SA Investment Report for August 2021 Receive and file. This item was approved on the Successor Agency Consent Calendar. PUBLIC HEARINGS Council Member Manos left the dais at 7:06 p.m. noting a potential perceived conflict of interest. 12)Planning Application No. 2020-84 (Development Agreement No. 2020-01 and Conditional Use Permit No. 2020-01) (Kind Delivery Co.) -A request by Kind Group Ventures, LLC to modify a previously approved Development Agreement and Conditional Use Permit for a 3,754 SF Cannabis Facility by increasing the total size of the facility by 3,410.46 SF for total size of 7,164.46 SF. 1.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 2020- 01 TO INCREASE THE TOTAL AREA FROM 3,754 SF TO AN APPROXIMATELY 7,164.46 SF CANNABIS FACILITY WITHIN AN EXISTING BUILDING LOCATED AT 571 CRANE, UNIT H (APN:377-410-032) AND 570 CENTRAL, UNIT G (APN:377-410-024); and 2.Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2020-01 TO INCREASE THE TOTAL AREA FROM 3,754 SF TO 7,164.46 SF CANNABIS FACILITY WITHIN AN EXISTING BUILDING LOCATED AT 571 CRANE, UNIT H (APN:377-410-032) AND 570 CENTRAL, UNIT G (APN:377-410-024). Page 4City of Lake Elsinore September 28, 2021City Council / Successor Agency Meeting Minutes - Draft The Public Hearing was opened at 7:06 p.m. Assistant Community Development Director Kirk provided a presentation. Jarrett Hale was called to speak. The Public Hearing was closed at 7:15 p.m. A motion was made by Council Member Tisdale, seconded by Mayor Pro Tem Sheridan, to adopt the Resolution and introduce the Ordinance. The motion carried by the following vote: Aye:Mayor/Chair Magee, Mayor Pro Tem /Vice-Chair Sheridan, Council Member /Agency Member Tisdale and Council Member/Agency Member Johnson 4 - Excused:Council Member/Agency Member Manos1 - Council Member Manos returned to the dais at 7:16 p.m. 13)Planning Application No. 2020-109 (Starbucks) - Riverside and Lakeshore: A request for the approval of Tentative Parcel Map 38004 to subdivide an existing 1.09-acre site into two (2) lots, a Commercial Design Review application for the purposes of the construction of an 893-square foot new Starbucks restaurant and a Conditional Use Permit to permit a drive through restaurant 1.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2020-109 (CONDITIONAL USE PERMIT NO. 2021-03, COMMERCIAL DESIGN REVIEW NO. 2021- 06 and TENTATIVE PARCEL MAP NO. 38004) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); 2.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-03 TO ESTABLISH A DRIVE THROUGH WITHIN A NEW 893 SQUARE FOOT RESTAURANT LOCATED AT ASSESOR PARCEL NUMBER (APN) 379-224-015; 3.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2021-06 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS LOCATED AT ASSESOR PARCEL NUMBER (APN) 379-224-015; and 4.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38004 TO SUBDIVIDE ONE (1) PARCEL INTO TWO (2) PARCELS TOTALING 1.09 ACRES IN AREA. The Public Hearing was opened at 7:17 p.m. Assistant Community Development Director Kirk provided a presentation. Kim Cousins was called to speak. The Public Hearing was closed at 7:27 p.m. Page 5City of Lake Elsinore September 28, 2021City Council / Successor Agency Meeting Minutes - Draft A motion was made by Council Member Manos, seconded by Council Member Johnson, to adopt the four Resolutions. The motion carried by the following vote: Aye:Mayor/Chair Magee, Mayor Pro Tem /Vice-Chair Sheridan, Council Member /Agency Member Tisdale, Council Member/Agency Member Johnson and Council Member/Agency Member Manos 5 - 14)Participation in the Transportation Uniform Mitigation Fee (TUMF) Program and Adopting a TUMF Schedule Due to the CCI 2021 Update Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF LAKE ELSINORE The Public Hearing was opened at 7:28 p.m. Administrative Services Director Buckley provided a presentation. There were no speakers. The Public Hearing was closed at 7:32 p.m. A motion was made by Council Member Manos, seconded by Council Member Johnson, to adopt the Resolution. The motion carried by the following vote: Aye:Mayor/Chair Magee, Mayor Pro Tem /Vice-Chair Sheridan, Council Member /Agency Member Tisdale, Council Member/Agency Member Johnson and Council Member/Agency Member Manos 5 - 15)Public Hearing and Election for Annexation Proceedings for Annexation No. 16 Into Community Facilities District No. 2015-2 (Maintenance Services) for Pennington 1.Adopt 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. 16); 2.Adopt 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. 16); and 3.Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 2016-1359 OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES. The Public Hearing was opened at 7:33p.m. There were no speakers. The Public Hearing was closed at 7:35 p.m. Page 6City of Lake Elsinore September 28, 2021City Council / Successor Agency Meeting Minutes - Draft A motion was made by Council Member Tisdale, seconded by Council Member Manos, to adopt the Resolution in Recommendation No. 1. The motion carried by the following vote: Aye:Mayor/Chair Magee, Mayor Pro Tem /Vice-Chair Sheridan, Council Member /Agency Member Tisdale, Council Member/Agency Member Johnson and Council Member/Agency Member Manos 5 - A motion was made by Council Member Manos, seconded by Council Member Johnson, to adopt the Resolution in Recommendation No. 2. The motion carried by the following vote: Aye:Mayor/Chair Magee, Mayor Pro Tem /Vice-Chair Sheridan, Council Member /Agency Member Tisdale, Council Member/Agency Member Johnson and Council Member/Agency Member Manos 5 - A motion was made by Council Member Manos, seconded by Council Member Johnson, to introduce the Ordinance in Recommendation No. 3. The motion carried by the following vote: Aye:Mayor/Chair Magee, Mayor Pro Tem /Vice-Chair Sheridan, Council Member /Agency Member Tisdale, Council Member/Agency Member Johnson and Council Member/Agency Member Manos 5 - PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 3 MINUTES There were no speakers. CITY MANAGER COMMENTS City Manager Simpson noted that Administrative Services Director Buckley was nominated to receive the Capstone Award by the California Joint Powers Insurance Agency and introduced Lonny Olsen who was selected as the Southwest Division Chief. CITY ATTORNEY COMMENTS City Attorney Leibold had no comments. CITY COUNCIL COMMENTS Council Member Tisdale announced the "Our Kids Rock" Gala; encouraged residents to purchase a memorial brick for the City's Veterans Memorial, which will be held on November 11, 2021 at 9:00 a.m. at Diamond Stadium; announced that The Wall That Heals is coming to Corona October 7-10, 2021 at Santana Park; and requested donations for the Temecula Valley Reality Rally which will be held May 5-7, 2022. Council Member Johnson urged High School Juniors and Seniors to apply for the City's Dream Extreme Future Leaders Program by October 8, 2021; announced the Deadwater Haunted House which will be open Fridays - Sundays during October at Launch Pointe; invited residents to attend the Cars for Canines & Kitties event on October 9, 2021 from 6:00 p.m. - 9:00 p.m. at West Coast Exotic Cars in Murrieta; and reminded residents to use the Alert LE app. Council Member Manos invited the community to purchase tickets to attend the 2021 So Cal Bike Fest October 8-10, 2021 at Diamond Stadium; announced the Mornings on Main Farmers Market taking place on the 2nd and 4th Sundays on Main Street; and invited residents to attend Mariachi Fest on October 16, 2021 at 6:30 p.m. at Diamond Stadium. Page 7City of Lake Elsinore September 28, 2021City Council / Successor Agency Meeting Minutes - Draft Mayor Pro Tem Sheridan announced the Canyon Hills Community -wide Garage Sale October 2-3, 2021; invited residents to the City's Trunk or Treat event on October 15, 2021 from 5:00 p.m. to 8:00 p.m. on Main Street; reported on his attendance at the Cottonwood Canyon Hills Car Show which took place on Saturday, September 25, 2021; encouraged residents to attend Lake Elsinore Girls Softball games in Tuscany Hills; and provided a construction update for the I-15 Railroad Canyon Road Interchange Project. Mayor Magee invited the community to attend the 2021 State of the City which will be held on Thursday, September 30, 2021 at 4:30 p.m. at Diamond Stadium; and announced the San Diego PCA Autocross on October 2, 2021 and the San Diego SCCA Championship Autocross on October 3, 2021 at Diamond Stadium. ADJOURNMENT The Lake Elsinore City Council adjourned at 7:57 p.m. to the next Regular meeting of Tuesday, October 12, 2021 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m. Page 8City of Lake Elsinore