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HomeMy WebLinkAbout2008-12-9 -CC-RDA-N0.1 CITY OF LAI E LSINORE DREAM EXTREME REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: December 9, 2008 SUBJECT: APPROVAL OF MINUTES Discussion The following Redevelopment Agency Minutes are submitted for approval as follows: a) City Council /Redevelopment Agency Meeting — November 25, 2008 b) Redevelopment Agency Regular Meeting — November 25, 2008 Recommendation Approve the Minutes as submitted. Prepared by: Carol Cowley Interim City Cler Approved by: Robert A. Brady City Manager Agenda Item No. 1 Page 1 of 15 MINUTES JOINT CITY COUNCIL /REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 25, 2008 CALL TO ORDER — 5:00 P.M. The joint meeting of the City Council and Redevelopment Agency Board was called to order by Mayor Hickman at 4:06 p.m. ROLL CALL PRESENT: MAYOR/MEMBER HICKMAN MAYOR PRO TEM /MEMBER KELLEY COUNCILMAN /MEMBER MAGEE COUNCILMAN/VICE- CHAIRMAN SCHIFFNER ABSENT: COUNCILMAN /CHAIRMAN BUCKLEY Also present: City Manager /Executive Director Brady, City Attorney /Agency Counsel Leibold, Administrative Services Director Pressey, Parks and Recreation Director Gonzales, Information /Communications Manager Dennis, Director of Lake and Aquatics Kilroy, Acting Director of Community Development Weiner and Interim City Clerk/Agency Secretary Cowley. CLOSED SESSION 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379- 403 -018 Agency Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Jess & Marissa Enriquez Under negotiation: Price and terms of payment 1(b) 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 (2) Presentation of Blue Star Award to Sgt. Ruben T. Rodriguez, U.S. Army Reserve 1 Agenda Item No. 1 Page 2 of 15 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No public comments PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES CONSENT CALENDAR (3) Approved the following Minutes: a) Joint City Council /Redevelopment Agency Study Session — November 11, 2008 b) Special City Council Meeting — November 11, 2008 c) Regular City Council Meeting — November 11, 2008 Recommendation: Approve as submitted. (4) Warrant List dated November 13, 2008 Recommendation: Authorize payment of Warrant List dated November 13, 2008. Mayor Hickman asked if Warrants 97804 & 97805 were being paid to the same group. Administrative Services Director Pressey indicated they were different. Mayor Hickman requested staff to ask the fire stations to be very frugal with their credit card usage. (5) Investment Report — October 2008 Recommendation: Receive and file. (6) Claim Against the gty Recommendation: Reject the claim of the Heirs of Jason Peters and direct the City Clerk's Office to send a letter informing the claimant of the decision. Councilman Magee mentioned the newspaper article regarding this item and noted that while the accident was very sad and tragic, he felt it was important that the record reflect the accident happened at 2:30 a.m., the vehicle was traveling in the opposite direction of the individual's home and he was traveling with a female bartender from the Bikini Beach Club. (7) Caltrans Cooperative Agreement for 1 -15 /Railroad Canyon Road Interchange Improvements Recommendation: Authorize the Mayor to enter into a Cooperative Agreement with CALTRANS for the Project Report, Project Approval and Environmental 2 Agenda Item No. 1 Page 3 of 15 Document and Plans, Specification and Estimate phases of the I -15 /Railroad Canyon Road Interchange Improvement Project. Councilman Magee asked staff if this agreement clears the way for biological assessment in the spring of 2009. Public Works Director /City Engineer Seumalo responded that this was one of the steps; however, what cleared the way was staffs meeting with Federal Highways Administration and their agreement to allow the overcrossing at Franklin. Mr. Seumalo confirmed for Councilman Magee that Jones & Stokes were not the consultant on this project; the environmental consultant was LSA. Mayor Hickman asked Mr. Seumalo how long the City has been working on this project and when he thought a plan would come to fruition. Ken Seumalo indicated they were close to having a plan stating the on site meeting last week with the Federal Highways Administration was in agreement with the Diamond Interchange configuration at Franklin which is 1,000 feet north of the existing Franklin overcrossing. Staff is looking at hook ramps to the Grape Street and Casino Drive connection and removing the ramps. He noted that one of the problems causing the congestion is the number of intersections spaced so closely. He explained this proposal is the one that the project design team has proposed and the Federal Highways Administration has looked at. Mr. Seumalo indicated some exceptions are required so approvals from the federal and state government are necessary; however, staff is on course to have the environmental studies start in January. Mr. Seumalo confirmed for Mayor Hickman that if this configuration is approved there will be a Grape Street signal Tight and a signal light at Casino Drive but the two signal lights at the north bound and south bound ramps would be removed because those ramps would no longer be there. The current configuration will impact two businesses explaining that the City would lose Pizza Hut and due to set backs, possibly Sizzler. Councilman Magee indicated he shared Mr. Seumalo's consternations about Caltrans and the restrictions they place on local jurisdictions; however, in this particular project they are waiving the permit fees and review fees associated with reviewing these plans and over the course of the next few years that would be a significant amount of money. He felt they deserved recognition for working with the City. Mr. Seumalo confirmed that the project was totally funded for approximately $22 million and the total cost of the improvements as currently proposed is estimated at $45 million 3 Agenda Item No. 1 Page 4 of 15 (8) Agreement for the Construction of Improvements — Tract 31290 -1 Recommendation: The City Council authorize the Mayor to execute the Agreements for the design and construction of Tract 31290 -1 traffic signal improvements at the intersection of Mission Trail and Hidden Trail /Elberta Road. Mayor Hickman asked if the location of the traffic light was at the entrance to Laing Homes. Public Works Director /City Engineer Seumalo confirmed he believed it was confirming further that the traffic signal location was two blocks from the project and the installation would occur when the occupancies reached the trigger point for the signal construction. (9) Request to Approve Structure Abatement Costs Relating to the Demolition of 202 East Franklin Street (AKA Brenneke Court) Recommendation: Authorize the City Manager to sign a Professional Services contract in the amount of $18,500.00 for the demolition of the structures at 202 East Franklin. Mayor Hickman thanked Ruth Atkins for her letter regarding this item. Councilman Magee recognized Ms. Atkins' letter and also Mr. Chipman for pursuing the Relief of any potential concern that there is any historic value. Mayor Pro Tem Kelley noted most of the complaints the City receives are about these buildings and it was time for them to go. (10) Winterfest Celebration and Street Closures Recommendation: Approve closure of Main Street for the annual Winterfest Celebration. Mayor Hickman recognized Parks and Recreation Director Gonzales for doing an excellent job for the City noting he was present both days at the motocross and for the parade on Saturday. (11) 2009 -2010 CDBG Allocation Recommendations: a) Adopt the Community Development Block Grant (CDBG) Program for Fiscal Year 2009 -2010 b) Approve submittal of the City's program to the County of Riverside Mayor Pro Tem Kelley expressed her approval and was pleased to see how staff broke the allocations down. 4 Agenda Item No. 1 Page 5 of 15 Ron Hewison representing HOPE addressed Council. He complemented the Lake Elsinore Police Department for how quickly they responded to a call he made when he caught someone siphoning gasoline from the HOPE van. After contacting the police they responded within three minutes with three squad cars. He also complemented the police for helping to keep the traffic flowing yesterday during the turkey give -aways to 693 families. Mr. Hewison then addressed HOPE's application for CDBG funds and advised that the increase in services being provided over the past three years was due to identifying and addressing the need and not due to the economic situation. The need HOPE is seeing today is, however, economically driven and is getting much worse. He indicated that in October 34,000 meals were served. He wanted Council to understand that HOPE not only seeks funding from the City but it also seeks donations in kind and at the County and community levels increasing the amount of funding it receives from the City of $18,000 - $20,000 to over $336,000 through donations and other funding sources as well. Mr. Hewison also brought to Council's attention the need to replace five of their freezers that are over ten years old and are costly and inefficient. He explained that although they are requesting $10,000 to replace the freezers, he did not think it would cost that much to replace them. Ruth Atkins complemented Mr. Hewison for the outstanding job he is doing at HOPE and advised Council that HOPE spends $25 per day for electricity because of the freezers. She supported HOPE's request for funding for new freezers indicating that the new freezers are more energy efficient and would cut the cost HOPE spends on electricity. Ms. Atkins encouraged Council to approve the CDBG funds requested by HOPE as well as the money for the freezers. Mayor Pro Tem Kelley asked for confirmation that the freezers for HOPE would be taken from the public facilities funds as well as the CDBG allocation. Director of Parks and Recreation Gonzales confirmed HOPE will receive $20,000 from CDBG and $10,000 for the freezers from public facilities funds. (12) Annual Software Maintenance Agreement Renewal With SunGard Public Sector Recommendation: The City Council authorize the City Manager to renew the annual Software Maintenance Agreement with SunGard Public Sector. (13) Authorization for City Manager to Enter into Contract with HDR, INC to Prepare CEQA Compliance Documents for the Proiect known as "Diamond Stadium Development" Recommendation: Staff recommends that the City Council authorize the City Manager to enter into a contract with HDR, Inc. not to exceed $115,200.00. Councilman Magee asked for a clearer picture of the project description, specifically the types of tenants, the schools, restaurants, shops, and what the zoning mix will be. 5 Agenda Item No. 1 Page 6 of 15 City Manager Brady advised that the proposed project is very conceptual at this time further indicating that an application for a specific project has not been filed. However, they have a conceptual design for a school and the zoning will be a mix. He noted the General Plan for the Ball Park District which this area falls under would address the land use designations. The developers are looking at a mix of retail, commercial, the education center, and residential as well. Councilman Magee expressed his concern that the plan doesn't just include vacant land, but also Includes Parking Lot C, the Wick Center, Bank of America, Century 21, My Buddy's Pizza. City Manager Brady advised that the developer owns the center where these businesses are located. When asked by Mayor Hickman when they purchased the center, the City Attorney confirmed it was purchased in 2008. Mayor Pro Tem Kelley asked whether the developer would be coming back to Council with more information. City Manager Brady indicated that they will have to go through the entire design process. Mayor Pro Tem Kelley suggested a study session might be in their best interest since there will be a new Council. City Manager Brady indicated a study session will be scheduled with the City Council. (14) Agreement for Construction of Improvements — Tract 32996 Recommendation: The City Council authorize the Mayor to execute the Agreement for Construction of Improvements for the design of construction of Tract 32996 improvements. (15) Agreement with Castle and Cooke for Reimbursement of the Cost of Master Plan Drainage Improvements Recommendation: Authorize the Mayor to execute the Storm Drain Improvement Credit/Reimbursement Agreement with Castle and Cooke. (16) Settlement Agreement and Release; Purchase and Sale Agreement; and Joint Escrow Instructions for the Acquisition of APN 375 - 264 -019 Recommendation: It is recommended that the City Council approve the purchase of the property subject to the satisfaction of appropriate conditions, direct the City Attorney to finalize the Agreement, authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney, and direct the City Manager to execute the Certificate of Acceptance. PUBLIC HEARING(S) (17) Residential Design Review No. 2006 -18, Amendment No. 1 for De La Rosa by Centex Homes, Vesting Tract Map No. 32503 6 Agenda Item No. 1 Page 7 of 15 Recommendation: The Planning Commission recommends that the City Council adopt Resolution No. 2008 -101 approving Residential Design Review No. 2006- 18, Amendment No. 1. (18) Negative Declaration No. 2008 -12, Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan and Vesting Tentative Tract Map No. 35773 For the "Murdock Alberhill Ranch Specific Plan Area" Located on the North Side of Nichols Road, West of Collier Avenue Recommendation: The Planning Commission recommends that the City Council: a) Adopt Resolution No. 2008 -102 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan b) Adopt Resolution No. 2008 -103 adopting Negative Declaration No. 2008 -12 c) Adopt Resolution No. 2008 -104 approving Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan d) Adopt Resolution No. 2008 -105 approving Vesting Tentative Tract Map No. 35773. Mayor Pro Tem Kelley indicated that when she was reviewing the proposed amendment she was disappointed to see the park space was being decreased, however she was pleased to see that the extra land was not going to more homes but rather to increased lot sizes and toward streetscapes and other private parks. She indicated that she normally would not support a decrease in any public parks but because this plan has extra conditions she would be able to support it. APPEAL(S) No appeals are scheduled. BUSINESS ITEM(S) (19) Lake Elsinore Municipal Code Waivers for National Jet Boat Association Special Event Recommendation: Staff recommends the City Council waive the following Lake Elsinore Municipal Code sections for the proposed National Jet Boat Association Special Event, subject to compliance with all other conditions for the event as approved by the City Manager: • 9.96.120 (Boat Speed Limits) • 9.96.200 (Motorboat Noise) • 8.40.040A (Alcohol is prohibited in City parks) • 9.28.030 (Furnishing alcoholic beverages in public) • 8.40.060E (Lake Use Pass) 7 Agenda Item No. 1 Page 8 of 15 Councilman Magee expressed concern about the channel elevation and asked for confirmation that it would be okay. Director of Lake and Aquatics Kilroy advised that in talking to the experts, who race these boats, they race in very shallow water and it will meet their conditions. Mr. Kilroy advised that the range of speed is from 90 miles per hour to 250 miles per hour. Mr. Kilroy advised that Mr. Finnigan the event chair and Ken Simons who is a member of the Executive Board Jet Speed Boat Association are in the audience to answer any questions. (20) Resolution Authorizing Transmittal of the Amended and Restated Redevelopment Plans for Laguna Redevelopment Project Areas No. I, II, and III; and Resolution Determining that Amended Plans will not Require the Formation of a Proiect Area Committee Recommendation,: The City Council adopt Resolution No. 2008 -106 Determining that the Formation of a Project Area Committee is not required. City Attorney Leibold advised Council that the staff report, the resolutions and Negative Declaration were included in the agenda packets. The three plans described in the staff report are a restatement of the existing plans. She explained that the City does not have electronic copies of the existing plans and every time a copy is made they become more faded resulting in the maps being nearly impossible to read. She advised that staff was creating a better presentation with better format and easier text to read along with graphics. The plans incorporate the original plan and each successive amendment whereas currently two to three different documents have to be reviewed to understand what the various limitations are under each plan. The Amended and Restated Plans are also updated to reflect current Redevelopment Law as opposed to the law that was in existence in 1980 which is reflected in the current plans. The amended plans also clarify certain ambiguities. There are no substantive changes to any of these plans. She explained the city council's action is solely to adopt a resolution that under Redevelopment law a Project Area Committee is not required. She further explained that a Project Area Committee is a citizens committee that is formed in the context of certain redevelopment plan adoptions that is only required if there is a substantial likelihood of displacement of residents. Since the Redevelopment Agency has no eminent domain authority and has no intention or authority to acquire properties by eminent domain a Project Area Committee is not required. After being asked by Mayor Hickman if there was a time limitation on this item, City Attorney Leibold said the matter can be continued if that is Council's desire. She reiterated what Council's action was this evening and advised that the Agency's action will be to authorize the circulation of a Negative Declaration which was included in Council's packet and to authorize the transmittal of the plans for public review. She explained the Redevelopment Law is very procedural in nature and the plans will not come to the City Council for final adoption until March or April since it is a very lengthy 8 Agenda Item No. 1 Page 9 of 15 process. The first step is to kick off the process and that is what Council is being asked to do this evening. If Council does move forward the Planning Commission will look at the Plans for conformity with the General Plan and there is a variety of other steps that need to occur before final adoption of the plans. REDEVELOPMENT AGENCY PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES There were no public comments CONSENT CALENDAR (1) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council /Redevelopment Agency meeting — November 11, 2008 b) Regular Redevelopment Agency meeting — November 11, 2008. (2) Warrant List Dated November 13, 2008 Recommendation: Authorize payment of Warrant List dated November 13, 2008. (3) Investment Report — October 2008 Recommendation: Receive and File. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) (4) Resolution Authorizing Transmittal of the Amended and Restated Redevelopment Plans for Laguna Redevelopment Protect Areas No. I, 11 and 111; and Resolution Determining that Amended Plans will not Require the formation of a Project Area Committee Recommendation: The Agency adopt Resolution No. 2008 -05 accepting the proposed Amended and Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, II and III and the Initial 9 Agenda Item No. 1 Page 10 of 15 Study and Negative Declaration to the Planning Commission for its report and recommendation and to all affected taxing entities and other interested persons for their information. CLOSED SESSION City ATTORNEY /Agency Council Leibold announced that the city council has two items to discuss In closed session and that meeting will commence at 5:00 p.m. The first item is Item 1(a) conference with real property negotiator under the authority of Government Code § 54956.8. It involves property with an APN number of 379 - 403 -018. The Negotiating Parties are the City of Lake Elsinore and the Property Owners; under negotiation, price an terms of payment. The second item 1(b) as listed on the agenda involves one case of anticipated litigation under the authority of Government code § 54956.9(b). She further announced there is no closed session for the Redevelopment Agency. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES ADJOURNMENT There being no further business to come before the Council and Redevelopment Agency, the meeting was adjourned at 4:35 pm. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMAS R. BUCKLEY, CHAIRMAN CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE 10 Agenda Item No. 1 Page 11 of 15 MINUTES REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 25, 2008 CALL TO ORDER Chairman Buckley called the meeting to order at 7:19 p.m. ROLL CALL PRESENT: CHAIRMAN BUCKLEY VICE CHAIRMAN SCHIFFNER MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE ABSENT: NONE Also present were Executive Director Brady, Agency Counsel Leibold, Administrative Services Director Pressey, Captain Cleary, Public Works Director /City Engineer Seumalo, Director of Parks and Recreation Gonzales, Acting Director of Community Development Weiner, Director of Lake and Aquatics Kilroy, Information/ Communications Manager Dennis, and Interim Secretary Cowley CLOSED SESSION REPORT No closed sessions scheduled PUBLIC HEARING(S) No public hearings scheduled. CONSENT CALENDAR (1) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council /Redevelopment Agency meeting — November 11, 2008 b) Regular Redevelopment Agency meeting — November 11, 2008. 1 Agenda Item No. 1 Page 12 of 15 (2) Warrant List Dated November 13, 2008 Recommendation: Authorize payment of Warrant List dated November 13, 2008. (3) Investment Report — October 2008 Recommendation: Receive and File. Vice - Chairman Schiffner moved to approve the Consent Calendar consisting of Items 1 through 3; seconded by Member Kelley. The motion unanimously carried by the following vote: AYES: Chairman Buckley, Vice - Chairman Schiffner, Member Hickman, Member Kelley, and Member Magee. NOES: None. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) (4) Resolution Authorizing Transmittal of the Amended and Restated Redevelopment Plans for Laguna Redevelopment Project Areas No. I, II and III; and Resolution Determining that Amended Plans will not Require the formation of a Project Area Committee Recommendation: The Agency adopt Resolution No. 2008 -05 accepting the proposed Amended and Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, II, and III and the Initial Study and Negative Declaration to the Planning Commission for its report and recommendation and to all affected taxing entities and other interested persons for their information. Agency Counsel Leibold stated the purpose of the Amended and Restated Plans are to incorporate prior amendments to update the plans to current Redevelopment Law provisions, to clarify certain ambiguities and to clean up the text and format . The staff report includes a summary of the existing time limits and financial limits that apply to each of the three Redevelopment Area Plans. For purposes of clarification where plan effectiveness is mentioned, that is the duration of the plan and the date reflected is the date that the plan expires. As an example she mentioned Redevelopment Area I was originally adopted in 1980 and will expire In 2021 and under the Redevelopment Law the Agency is permitted to continue to collect increment in order to repay existing debt through 2031. The action of the Redevelopment Agency is to kick off the amendment process by authorizing the transmittal of these draft plans to the Planning Commission to find conformity with the General Plan. Each of the plans makes clear that the land uses that control within the boundaries of the project areas conform to the General Plan 2 Agenda Item No. 1 Page 13 of 15 and as the General Plan is amended so are the designated land uses within the project area and the General Plan controls. She noted that the resolution also asks that the Redevelopment Agency authorize the distribution of circulation of a Negative Declaration which is in the Agency's agenda packet and the Negative Declaration will be circulated for public comment and the Negative Declaration and the plans will come back to the City Council and Redevelopment Agency as it goes through the process. Final adoption is anticipated to be probably in March or April. Attorney Leibold recommended approval of the resolution. Vice Chairman Schiffner moved to approve the City Attorney's recommendation to adopt Resolution No. 2008 -05 accepting the proposed Amended and Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, II, and III and the Initial Study and Negative Declaration to the Planning Commission for its report and recommendation and to all affected taxing entities and other interested persons for their information; seconded by Member Kelley. The motion unanimously carried by the following vote: AYES: Chairman Buckley, Vice - Chairman Schiffner, Member Hickman, Member Kelley, and Member Magee. NOES: None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES There were no public comments. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS There were none. BOARDMEMBER COMMENTS There were none. ADJOURNMENT Their being no further business to come before the Agency, Chairman Buckley adjourned the meeting at 7:22 p.m. to a regular meeting to be held on Tuesday, December 9, 2008, at 7:00 p.m. THOMAS BUCKLEY, CHAIRMAN CITY OF LAKE ELSINORE 3 Agenda Item No. 1 Page 14 of 15 ATTEST: CAROL COWLEY, INTERIM Secretary CITY OF LAKE ELSINORE 4 Agenda Item No. 1 Page 15 of 15