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Home My WebLink About08-09-2022 City Council & Successor Agency MinutesCultural Center 183 N. Main Street Lake Elsinore, CA 92530 City of Lake Elsinore Meeting Minutes - Final City Council / Successor Agency Timothy J. Sheridan, Mayor Natasha Johnson, Mayor Pro Tem Robert E. Magee, Council Member Brian Tisdale, Council Member Steve Manos, Council Member Jason Simpson, City Manager 7:00 PM Cultural CenterTuesday, August 9, 2022 CALL TO ORDER 5:00 P.M. The Regular Meeting of the City Council was called to order at 5:00 p.m. ROLL CALL Council Member/Agency Member Robert E. Magee, Council Member /Agency Member Brian Tisdale and Mayor/Chair Timothy J. Sheridan Present:3 - Council Member/Agency Member Steve Manos and Mayor Pro Tem /Vice-Chair Natasha Johnson Absent:2 - PUBLIC COMMENTS There were no speakers. Mayor Pro Tem Johnson arrived at 5:01 p.m. CITY COUNCIL CLOSED SESSION A.CONFERENCE WITH LABOR NEGOTIATOR (Gov’t Code Section 54957.6) City negotiator: City Manager Simpson Employee organization: Lake Elsinore Chapter of Laborer ’s International Union of North America, Local 777 and Unrepresented Employees B.CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: Portions of APNs: 371-070-003, -004, 371-080-001, -002, -003, -004, -005, -006, -007, and 371-100-001 Agency negotiator: City Manager Simpson Negotiating parties: City of Lake Elsinore and Western Riverside County Regional Conservation Authority Under negotiation: Price and terms of payment C.CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: APNs: 374-062-004, -016, -024 Agency negotiator: City Manager Simpson Negotiating parties: City of Lake Elsinore and Timothy J. and Karen A. Blackburn Under negotiation: Price and terms of payment Page 1City of Lake Elsinore August 9, 2022City Council / Successor Agency Meeting Minutes - Final RECESS The City Council recessed into Closed Session at 5:01 p.m. Council Member Manos arrived at 5:10 p.m. 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 Council Member Manos led the Pledge of Allegiance. INVOCATION – MOMENT OF SILENCE ROLL CALL Council Member/Agency Member Robert E. Magee, Council Member /Agency Member Brian Tisdale, Council Member /Agency Member Steve Manos, Mayor Pro Tem/Vice-Chair Natasha Johnson and Mayor/Chair Timothy J. Sheridan Present:5 - CLOSED SESSION REPORT City Attorney Leibold reported that all items were discussed; however, no reportable action was taken. PRESENTATIONS / CEREMONIALS 1)Certificate of Recognition Present a Certificate of Recognition to Samantha Gonzalez for being awarded a Jamil Dada Character Excellence Youth Award. Mayor Sheridan and Council Member Tisdale presented the Certificate of Recognition to Samantha Gonzalez. 2)Homelessness Update from SWAG Aaron Petroff and his team provided a presentation. PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 1 MINUTE Douglas Norfolk was called to speak. Joe Capo was called to speak. Ace Vallejos was called to speak. Louie Rabadi was called to speak. Page 2City of Lake Elsinore August 9, 2022City Council / Successor Agency Meeting Minutes - Final CITY COUNCIL CONSENT CALENDAR Approval of the Consent Calendar Motion by Mayor Pro Tem Johnson, seconded by Council Member Manos, to approve the City Council Consent Calendar with Item Nos. 8 and 9 being removed for discussion and Item No. 10 being removed from the agenda. The motion carried by the following vote: Aye:Council Member/Agency Member Magee, Council Member /Agency Member Tisdale, Council Member/Agency Member Manos, Mayor Pro Tem /Vice-Chair Johnson and Mayor/Chair Sheridan 5 - 3)Minutes of the Regular City Council Meeting of July 26, 2022 Approve the Minutes. This item was approved on the City Council Consent Calendar. 4)CC Warrant Report Dated July 08, 2022 to July 14, 2022 Receive and file. This item was approved on the City Council Consent Calendar. 5)CC Warrant Report Dated July 15, 2022 to July 21, 2022 Receive and file. This item was approved on the City Council Consent Calendar. 6)CC Warrant Report Dated July 22, 2022 to July 28, 2022 Receive and file. This item was approved on the City Council Consent Calendar. 7)City Voting Delegate and Alternate for the 2022 League of California Cities Annual Conference Appoint Council Member Manos as the City ’s Voting Delegate and City Manager Simpson as the City's Alternate Voting Delegate for the 2022 League of California Cities Annual Conference to be held in Long Beach, CA September 7-9, 2022. This item was approved on the City Council Consent Calendar. 8)Updates to Council Policy No. 200-1 Regarding City Council Meeting Rules and Procedures Adopt a revised Council Policy No. 200-1 regarding City Council Meeting Rules and Procedures. This item was removed from the City Council Consent Calendar for discussion. Page 3City of Lake Elsinore August 9, 2022City Council / Successor Agency Meeting Minutes - Final 9)Notice of Decision - Planning Commission Approval of Planning Application No. 2021-26 (Ortega BESS) Requesting Design Review Approval to Construct a 20-Megawatt Battery Energy Storage System Receive and File the Notice of Decision for Planning Application No. 2021-26 acted on by the Planning Commission on July 19, 2022. The Planning Commission by a 4-0 vote: Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2021-26 (COMMERCIAL DESIGN REVIEW NO. 2021-12) FOR THE CONSTRUCTION OF A 20-MEGAWATT BATTERY ENERGY STORAGE SYSTEM LOCATED AT APN: 377-200-045. This item was removed from the City Council Consent Calendar for discussion. 10)Contractor Services Agreement with Millennium Alarm Systems for Citywide Advanced Security, Surveillance, and Communication Systems 1.Approve and authorize the City Manager to execute a service agreement with Millennium Alarm Systems to provide advanced citywide security, surveillance, and communication systems in an annual amount of $375,000.00, in such final form as approved by the City Attorney. 2.Authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $37,500.00 for additional on-call and minor construction work as needed. This item was removed from the agenda. 11)Approve Joint Community Facilities Agreement with the Elsinore Valley Municipal Water District and Century Homes, LLC relating to Community Facilities District No. 2006-6 of the City of Lake Elsinore (Tessera) and a Custody Agreement with Wilmington Trust, National Association relating to Developer Security Deposits Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING EXECUTION AND DELIVERY OF A JOINT COMMUNITY FACILITIES AGREEMENT WITH ELSINORE VALLEY MUNICIPAL WATER DISTRICT RELATING TO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-6 (TESSERA) AND CUSTODY AGREEMENT WITH WILMINGTON TRUST, NATIONAL ASSOCIATION RELATING TO DEVELOPER SECURITY DEPOSITS. This item was approved on the City Council Consent Calendar. Page 4City of Lake Elsinore August 9, 2022City Council / Successor Agency Meeting Minutes - Final ITEMS REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION 8)Updates to Council Policy No. 200-1 Regarding City Council Meeting Rules and Procedures Adopt a revised Council Policy No. 200-1 regarding City Council Meeting Rules and Procedures. City Clerk Alvarez provided a presentation. Ace Vallejos was called to speak. A motion was made by Council Member/Agency Member Manos, seconded by Mayor Pro Tem/Vice-Chair Johnson, that this Council Consent Calendar be Adopted. Aye:Council Member/Agency Member Magee, Council Member /Agency Member Tisdale, Council Member/Agency Member Manos, Mayor Pro Tem /Vice-Chair Johnson and Mayor/Chair Sheridan 5 - 9)Notice of Decision - Planning Commission Approval of Planning Application No. 2021-26 (Ortega BESS) Requesting Design Review Approval to Construct a 20-Megawatt Battery Energy Storage System Receive and File the Notice of Decision for Planning Application No. 2021-26 acted on by the Planning Commission on July 19, 2022. The Planning Commission by a 4-0 vote: Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2021-26 (COMMERCIAL DESIGN REVIEW NO. 2021-12) FOR THE CONSTRUCTION OF A 20-MEGAWATT BATTERY ENERGY STORAGE SYSTEM LOCATED AT APN: 377-200-045. Planning Manager Abraham provided a presentation. Ace Vallejos was called to speak. A motion was made by Council Member/Agency Member Manos, seconded by Mayor Pro Tem/Vice-Chair Johnson, that this Council Consent Calendar be Received and Filed. Aye:Council Member/Agency Member Magee, Council Member /Agency Member Tisdale, Council Member/Agency Member Manos, Mayor Pro Tem /Vice-Chair Johnson and Mayor/Chair Sheridan 5 - SUCCESSOR AGENCY CONSENT CALENDAR Approval of the Successor Agency Consent Calendar Motion by Agency Member Tisdale, seconded by Vice-Chair Johnson, to approve the Successor Agency Consent Calendar with Item N. 16 being removed from the agenda. The motion carried by the following vote: Aye:Council Member/Agency Member Magee, Council Member /Agency Member Tisdale, Council Member/Agency Member Manos, Mayor Pro Tem /Vice-Chair Johnson and Mayor/Chair Sheridan 5 - Page 5City of Lake Elsinore August 9, 2022City Council / Successor Agency Meeting Minutes - Final 12)Minutes of the Regular Successor Agency Meeting of July 26, 2022 Approve the Minutes. This item was approved on the Successor Agency Consent Calendar. 13)SA Warrant List Dated July 08, 2022 to July 14, 2022 Receive and file. This item was approved on the Successor Agency Consent Calendar. 14)SA Warrant Report Dated July 15, 2022 to July 21, 2022 Receive and file. This item was approved on the Successor Agency Consent Calendar. 15)SA Warrant Report Dated July 22, 2022 to July 28, 2022 Receive and file. This item was approved on the Successor Agency Consent Calendar. 16)Public Works’ Construction Agreement to Hellas Construction, Inc. for the Synthetic Turf Purchase and Installation of Diamond Stadium (CIP Project ARPA-TOURIS) 1. Award a Public Works’ Construction Agreement to Hellas Construction, Inc. for the Synthetic Turf Purchase and Installation of Diamond Stadium (CIP Project ARPA-TOURIS) 2. Approve and authorize the Executive Director to execute the Agreement in the not to exceed amount of $1,752,100.00 with Hellas Construction, Inc. in the form attached and in such final form as approved by the City Attorney. 3. Authorize the Executive Director to execute change orders not to exceed a 10% contingency amount of $175,210.00 for construction uncertainties and adjustments. This item was removed from the agenda. PUBLIC HEARING 17)Planning Application No. 2019-07 (Bamiyan Marketplace) requesting to develop a new mixed-use commercial and residential development (123,026 sq. ft. in total) on a 12.60-acre site 1.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER 2019-04) (SCH NO. 2021120417) FOR PLANNING APPLICATION NO. 2019-07 (TENTATIVE TRACT MAP NO. 37578, CONDITIONAL USE PERMIT NO. 2019-03, COMMERCIAL DESIGN REVIEW NO. 2019-05, AND UNIFORM SIGN PROGRAM NO. 2019-01); Page 6City of Lake Elsinore August 9, 2022City Council / Successor Agency Meeting Minutes - Final 2.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2019-07 (TENTATIVE TRACT MAP NO. 37578, CONDITIONAL USE PERMIT NO. 2019-03, COMMERCIAL DESIGN REVIEW NO. 2019-05, AND UNIFORM SIGN PROGRAM NO. 2019-01) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); 3.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 37578 SUBDIVIDING 12.60 ACRES INTO SEVEN LOTS RANGING IN SIZE FROM 0.25 ACRES TO 4.13 ACRES LOCATED AT APNS 381-320-020 AND 023; 4.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-03 TO ESTABLISH THE BAMIYAN MARKETPLACE PROJECT LOCATED AT APNS 381-320-020 AND 023; 5.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2019-05 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR THE BAMIYAN MARKETPLACE PROJECT LOCATED AT APNS 381-320-020 AND 023; and 6.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING UNIFORM SIGN PROGRAM NO. 2019-01 ESTABLISHING A UNIFORM SIGN PROGRAM FOR THE BAMIYAN MARKETPLACE PROJECT LOCATED AT APNS 381-320-020 AND 023. The Public Hearing was continued from July 26, 2022. Planning Manager Abraham provided a presentation. Stephen Ott, applicant, provided a presentation. Judy Lippold was called to speak. Kim Cousins was called to speak. Mary Jo Ramirez was called to speak. Kelly Hatlelid was called to speak. Rick Hatlelid was called to speak. Ace Vallejos was called to speak. Danny Rabadi was called to speak. The Public Hearing was closed at 8:18 p.m. Page 7City of Lake Elsinore August 9, 2022City Council / Successor Agency Meeting Minutes - Final A motion was made by Council Member Manos, seconded by Council Member Magee, to adopt the six Resolutions and adding conditions that the developer is to work with the Planning Division and the Chamber of Commerce related to additional identity signage and that language is to be added stating that on-site and off-site parking is to be regulated by the City's Code Enforcement Division, Riverside County Code Enforcement, and the Homeowners Association. Aye:Council Member/Agency Member Magee, Council Member /Agency Member Tisdale, Council Member/Agency Member Manos, Mayor Pro Tem /Vice-Chair Johnson and Mayor/Chair Sheridan 5 - BUSINESS ITEM 18)Approve the Issuance of City of Lake Elsinore Community Facilities District No. 2006-6 (Tessera) Special Tax Bonds, Series 2022 in a Principal Amount Not to Exceed Five Million Dollars ($5,000,000) and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith Adopt 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. 2006-6 (TESSERA) AUTHORIZING THE ISSUANCE OF ITS SPECIAL TAX BONDS, SERIES 2022 IN A PRINCIPAL AMOUNT NOT TO EXCEED FIVE MILLION DOLLARS ($5,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH A motion was made by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, to adopt the Resolution. The motion carried by the following vote: Aye:Council Member/Agency Member Magee, Council Member /Agency Member Tisdale, Council Member/Agency Member Manos, Mayor Pro Tem /Vice-Chair Johnson and Mayor/Chair Sheridan 5 - PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 3 MINUTES Donald Ketch was called to speak. CITY MANAGER COMMENTS City Manager Simpson had no comments. CITY ATTORNEY COMMENTS City Attorney Leibold had no comments. CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED Council Member Magee noted that Wiper fish were stocked in the Lake on Friday, July 29, 2022; and provided safety tips for pet owners related to the heat. Council Member Tisdale reported on his attendance at the Western Riverside Council of Governments meeting on August 1, 2022; announced the 2022 Veterans Expo which we take place on September 2, 2022 from 10:00 a.m. to 2:00 p.m. at Monteleone Meadows in Murrieta; and invited the community to attend the 15th Annual Heroes with Heart Awards Dinner and Gala on September 24, 2022 at Pechanga Casino. Page 8City of Lake Elsinore August 9, 2022City Council / Successor Agency Meeting Minutes - Final Council Member Manos reported on his attendance at the Southern California Association of Governments Audit Committee meeting on Wednesday, July 27, 2022; announced a free community tire recycling event that will be held on Saturday, August 13, 2022 from 8:00 a.m. to 12:00 p.m. at the Public Works Yard; and encouraged residents to submit comments regarding the Housing Element Update by August 13, 2022 and announced the upcoming Public Hearings with the Planning Commission on August 16, 2022 at 6:00 p.m. and City Council on August 23, 2022 at 7:00 p.m. in the Cultural Center. Mayor Pro Tem Johnson welcomed Lake Elsinore Unified School District's new Superintendent, Dr. Ryan Lewis; provided an update from the Homeless Task Force; and shared that the Animal Friends of the Valleys is holding a Clear the Shelters event from August 1-31, 2022. Mayor Sheridan reported on his attendance at the Riverside Transit Agency Board of Directors meeting on July 28, 2022; shared his attendance at RTA Night at the Lake Elsinore Storm game; noted the public's attendance at the Live at the Lakefront concert on July 28, 2022 at Launch Pointe featuring Kings of Queen; noted that Habitat for Humanity held a groundbreaking ceremony on Friday, August 5, 2022 for a new project located on Peck Street and encouraged volunteers to sign up to work on the project; invited the community to attend his next Bring Your Own Dinner with the Mayor event on August 24, 2022 from 6:00 - 7:00 p.m. in the Cultural Center; invited the community to attend the final Historic Main Street Classic Car Show of the year on August 27, 2022 from 6:00 - 9:00 p.m. in Downtown Lake Elsinore; and adjourned the meeting in memory of Valentina Rocnik-Ballantyne. ADJOURNMENT The Lake Elsinore City Council adjourned at 8:40 p.m. to the next Regular meeting of Tuesday, August 23, 2022 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. Candice Alvarez, MMC, City Clerk Page 9City of Lake Elsinore