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HomeMy WebLinkAbout08-10-2010 SSMINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 10, 2010 . CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 4:02 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA (arrived at 4:20 p.m.) COUNCIL MEMBER BUCKLEY COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: NONE Also present: City Manager Brady, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, RDA Analyst Carlson and Interim City Clerk Cowley. CITY COUNCIL CLOSED SESSION 1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case PRESENTATIONS/CEREMONIALS PowerPoint Presentation by Eddie Cruz regarding the services provided by Planet Youth. Mayor Melendez confirmed with City Clerk Cowley that Planet Youth would be present at the 7:00 p.m. meeting. Joint City Council Study Session Page 2 of 8 August 10, 2010 CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Joint City Council /Redevelopment Agency Meeting - July 13, 2010 b) Regular City Council Meeting - July 13, 2010 Council Member Magee requested the July 13, 2010 City Council Meetings Minute be modified to include more language regarding the public comments made by Mr. Shawn Slater. (3) Warrant List Dated July 29, 2010 Recommendation: Authorize payment of Warrant List dated July 29, 2010. Council Member Hickman asked about the following warrants and staff provided the following responses: • He asked Director of Administrative Services Riley why the City uses several different labs for blood samples. Director of Administrative Services Riley stated they may use different labs for different types of services. Mayor Melendez asked about the following warrants and staff provided the following responses: • Director of Public Works Seumalo stated the Riverwalk Project is currently out for bid. It would likely be presented to the City Council at the August 24, 2010 meeting. • Director of Public Works Seumalo advised City Council the Check No. 103576 to City & County Soil Engineering was for the architectural services for the Riverwalk project which was in various locations. • Check No. 103587 to Delta Services in the amount of $88.85. Director of Public Works Seumalo stated that Public Works Manager Payne is currently working on a volunteer program called "SPOT" to hold quarterly volunteer paint-outs. • City Manager Brady stated the extra duty for the Riverside County Sheriff's Department is for foot patrol, which is paid thru a grant program. Joint City Council Study Session Page 3 of 8 August 10, 2010 (4) Consideration of Resolution No. 2010-055 Establishing a Filing Fee for Processing an Initiative Petition Recommendation: It is recommended the City Council adopt Resolution No. 2010-055 establishing a fee for the processing of an initiative petition for any municipal measures. (5) Sidewalk Construction - Various Locations Notice of Completion / Change Order No. 1 Project No. 4308 Recommendation: It is recommended the City Council (1) accept the improvements into the City maintained system; (2) City Council requests the Mayor to sign the Notice of Completion and have the City Clerk file the Notice of Completion with the County Recorder; and (3) release all retention monies 35 days after the filing of the Notice of Completion. Council Member Magee wanted to recognize staff for their continued efforts on pursuing grants and continuing to improve the Downtown area. Council Member Hickman asked if any of the $48,541 which was lower than originally budgeted could be used for additional paving. Director of Public Works Seumalo stated that he would look into the matter. Council Member Magee noted that the City has already secured $103,000 for this project, and staff has already applied for another grant and if the $48,541 funds were used, then the City would only be looking additional funds for the last quarter. PUBLIC HEARING(S) (6) Consideration of Ordinance No. 2010-1280 of the City Council of the City of Lake Elsinore. California Amending and Restating Chapter 15.64 of the Lake Elsinore Municipal Code Regarding Flood Damage Prevention Recommendation: It is recommended that the City Council (1) open the Public Hearing and give due consideration to any objections presented by the public on this date; and (2) upon due consideration of public comment, waive further reading and introduce Ordinance No. 2010-1280 by title only amending and restating Chapter 15.64 of the Lake Elsinore Municipal Code regarding Flood Damage Prevention. Council Member Magee asked if this applies to existing structures. Director of Public Works Seumalo responded that it only applied to future structures and the insurance rates would not be increased. City Attorney Leibold pointed out that existing structures are grandfathered in. She stated an application for a modification or expansion would be necessary. Joint City Council Study Session Page 4 of 8 August 10, 2010 Rita Thompson, Engineering explained that under the new ordinance remodels or modifications to existing structures are subject to substantial improvement; if the cost of the improvement exceeds 50%a of the fair market value, then the improvements would need to meet the current ordinance. Should the improvements be lower than 50% of fair market value, then there would be no impact. Council Member Magee asked about the southerly area shown on the One Hundred year Flood Plain Boundary Map. Director of Public Works Seumalo said that area is not affected by the changes. He stated the maps are reflected by the FEMA Maps and the City has no control over what is included. Council Member Magee asked if the Ordinance contained the language that was relayed by Ms. Thompson. Ms. Thompson confirmed that the ordinance should contain a section that states the definitions. Council Member Magee asked if a property owner would be allowed to increase property elevation in order to correct a flood issue. Director of Public Works Seumalo stated, indicated they would, but, there were strict provisions, such as a hydrology study so they would not impact the surrounding property owners. Council Member Hickman asked what would be the necessary elevation when a property owner demolishes an existing building and rebuilds. Director of Public Works stated the new structure can be at the 100 year flood elevation; however if this ordinance is approved, they would need to construct two feet above the one hundred year flood elevation. Council Member Hickman asked how the outflow channel was factored into this. Director of Public Works Seumalo stated at the time the outflow channel was constructed, a conditional letter of map revision was processed through FEMA, which changed the flood plain. Council Member Buckley noted that this does not apply to existing structures and it sounded like substantial rehabilitation renovation is similar to when a renovation is done under any building code. Director of Public Works Seumalo concurred. Council Member Buckley asked if it applied to already approved projects. Director of Public Works stated if the project was approved prior to today, then they would not need to change. Mayor Melendez asked if this was only to livable space or does it include garages. Director of Public Works Seumalo stated it would be calculated at the lowest floor level. He stated if the garage was detached then it is different. However, so if it is an attached garage, then it would be the lowest floor. (7) Consideration of Ordinance No. 2010-1285 and Resolution No. 2010-056 Rescinding Protect Approval for Lake Street Market Place Recommendation: It is recommended the City Council (1) waive further reading and introduce by title only Ordinance No. 1285 rescinding Ordinance No. 1264; and (2) adopt Resolution No. 2010-056 rescinding the project approvals previously approved by the City Council and the Planning Commission related to the Lake Street Market Project. Joint City Council Study Session Page 5 of 8 August 10, 2010 APPEAL(S) There are none. BUSINESS ITEM(S) (8) Adoption of Ordinance No 1282 Approving Amendment No 3 to the Canyon Hills Specific Plan (Second Reading) Recommendation: It is recommended the City Council adopt Ordinance No. 2010-1282 by title only and waive further reading approving Amendment No. 3 to the Canyon Hills Specific Plan. (9) Second Reading -Ordinance No 1283 of the City Council of the City of Lake Elsinore, California. Amending Sections 6.04.020, 6.04.030, 6.04.060, 6.04.070, 6.04.140. 6.04.150. 6.04.245 and Exhibit A to Chapter 6.04 of the Lake Elsinore Municipal Code Regarding Animal Control and Adoption of Resolution No 2010- 057 Establishing Fees and Charges for Animal Control Services Recommendation: It is recommended the City Council: (1) waive further reading and adopt Ordinance No. 1283 by title only to become effective on October 1, 2010; and (2) adopt Resolution No. 2010-057 establishing fees and charges for animal control services as of the designated effective dates as set forth in Exhibit A. Mayor Melendez asked what is considered a vicious dog registration fee. Ms. Bagwell from the Animal Friends of the Valley stated a dog that has already been deemed vicious or has bitten someone would have a separate fee, once they are registered. Mayor Pro Tern Bhutta asked who determines that the dog is vicious. Ms. Bagwell stated the code is defined by State Code and the report comes from the animal shelter. (10) Adoption of Ordinance No. 1284 adopting the City Public Works Standard Drawings (Second Reading) Recommendation: It is recommended that the City Council adopt by title only and waive further reading of Ordinance No. 1284 adopting the Public Works Standard Drawings. (11) Consideration of City Website Design Enhancements Update Presentation Recommendation: it is recommended the City Council receive and file this report. Joint City Council Study Session Page 6 of 8 August 10, 2010 Council Member Buckley asked if there would be a presentation at the 7:00 p.m. meeting. City Manager Brady stated there would be a brief PowerPoint presentation. The City Council recessed and convened to the Redevelopment Agency at 4:28 p.m. REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:28 p.m. and announced all members were present. CLOSED SESSION Agency Counsel Leibold announced that the Redevelopment Agency would recess to Closed Session at 5:00 p.m. to discuss the following Closed Session items (1a) and (2b) (1a) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case (2b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 373-023-026 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Mamie Miller Hunt Estate Under negotiation: Price and terms of payment PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There were none. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There were none. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council/Redevelopment Agency Meeting - July 13, 2010 a) Regular Meeting - July 13, 2010 Chairman Magee noted since the Joint Study Session Minutes from the July 13, 2010 City Council meeting were being continued, would the Joint Study Session Minutes for July 13, 2010 under the Redevelopment Agency also be continued. Joint City Council Study Session August 10, 2010 Page 7 of 8 City Clerk Cowley recommended the Agency continue the Joint Study Session minutes as well since it reflects the same discussion. (3) Warrant List Dated July 29. 2010 Recommendation: Authorize payment of Warrant List dated July 29, 2010. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) No business items scheduled. The Redevelopment Agency adjourned at 4:30 p.m. The City Council reconvened at 4:30 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS There were none. PUBLIC COMMENTS - NON AGENIZED ITEMS - 3 MINUTES There were none. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS City Attorney Leibold announced that the City Council would recess to Closed Session at 5:00 p.m. to discuss one item under Closed Session. CITY COUNCIL COMMENTS There were no comments. Joint City Council Study Session August 10, 2010 Page 8 of 8 ADJOURNMENT There being no further business to come before the Council and Agency Boards, the meeting was adjourned at 4:31 pm to closed session at 5:00 pm and the regular meeting at 7:00 pm. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTES CAROL COWLEY, TERIM C Y CLERK CITY OF LAKE ELSINORE