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HomeMy WebLinkAbout01-27-2009 SS n n n MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 27, 2009 ............................................................................... CALL TO ORDER - 4:00 P.M. Mayor Magee called the meeting to order at 4:03 pm. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILMAN BUCKLEY COUNCILWOMAN BHUTTA COUNCILMAN HICKMAN ABSENT: NONE. Also present: City Manager Brady, City Attorney Leibold, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Information/Communications Manager Dennis, Captain Cleary, and Interim City Clerk Cowley. CALL TO ORDER -- 5:00 P.M. CLOSED SESSION 1(a) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION pursuant to subdivision (a) of Government Code 9 54956.9 - City of Canyon Lake v. City of Lake Elsinore, et al (Riverside Superior Court Case No. 513811 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8) PROPERTY: APN 375-250-026, -027, 375-942-015 CITY NEGOTIATOR: City Manager Brady NEGOTIATING PARTIES: City of Lake Elsinore, Denise Fleming, and Tim Fleming UNDER NEGOTIATION: Price and terms of payment 1 (c) CONFERENCE WITH LEGAL COUNSEL--ANTlCIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (2 potential cases) n n n PRESENTATIONS/CEREMONIALS Mayor Magee announced the certificates of recognition would be moved around and presented in the following order: . Council recognition of Steve Wallace for assisting with Winterfest Council recognition of Raviolis, 2008 Business of The Year Council recognition of Chief Deputy Louis Fetherolf Help Our People in Elsinore (HOPE) Update presented by Ron Hewison PUBLIC COMMENTS There were no public comments. CONSENT CALENDAR (2) Approval of Citv Council Minutes Recommendation: That the City Council approve the following Minutes: a) Joint City Council/Redevelopment Agency Meeting - January 13, 2009 b) Regular City Council Meeting - January 13, 2009. (3) Warrant List Dated Januarv 15. 2009 Recommendation: Authorize payment of Warrant List Dated January 15, 2009. Councilman Hickman questioned Warrant No. 98502 for Wildomar Plumbing and Draining Service wanting to know the reason for using a service from another town rather than Lake Elsinore. Parks and Recreation Director Gonzales explained that Wildomar Pluming is on call 24 hours a day, seven days a week, and the local plumber is not; confirming it was an emergency. . Councilman Hickman that asked about Warrant No. 98456 for hotel and spa for $1,000. City Manager Brady advised that that has been cancelled. (4) Investment Report - December 2008 Recommendation: Receive and file. (5) Claims Aqainst the Citv Recommendation: Reject the claims of Yesenia Loza, Nicole Thomas, and Chris Urianza and direct the City Clerk's Office to send a letter informing the claimants of the decision. n Ii 1\ t.,._~ Councilman Hickman stated that some of the claims appear to be due to conditions on Dexter noting that part of Dexter was in the County. He also mentioned the claim for damages on Railroad Canyon. Public Works Director/City Engineer Seumalo advised Council that all of the Road- related claims come to his office and his staff review the locations and those claims did occur in the City. Mr. Seumalo advised there is an 800 foot stretch of road from Second Street and north of Second Street. He further advised that the public works crew have been going out daily to fill in the potholes until the project gets going. Thereafter followed a brief discussion in which the City Attorney informed Council that the City does not have strict liability with respect to road maintenance and the claims are generally rejected. (6) Notice of completion for Grand Avenue Recommendation: The City Council: a) Approve Change Order No.3 for $40,036. b) Authorize the City Manager to execute Change Order No.3. c) Authorize the Mayor to sign the Notice of Completion and have the City Clerk file the Notice for recordation. Councilman Hickman thanked Dave Solomon for saving the City money. (7) Appointment to the Western Riverside Council of Governments TUMF Zone Committee Recommendation: That the City Council approve the appointment of Mayor Magee as the Delegate and Thomas Buckley as the Alternate to the TUMF Zone Committee. Mayor Magee advised Council that the TUMF Zone is a function of the WRCOG. That seat was made vacant when Councilman Schiffner retired. He indicated since the TUMF Zone relates to the spending of monies on transportation improvements. He is requesting he replace Mr. Schiffner as the representative for RCTC and hoped Council would concur. (8) Local Government Waste Tire Cleanup & Amnesty Event Grant Proaram Recommendation: The City Council: a) Adopt Resolution No. 2009-1. b) Adopt the Purchasing Policy as required by the grant application. c) Direct the City Manager to execute the grant application. Public Works Director/City Engineer Seumalo confirmed that 1,000 tires are collected per an event and most of the tires are tires that were illegally dumped that the City has picked them up. Once the City picks up the tires, the City is stuck with them. n , , n n I Lu Mayor Pro Tern Melendez thanked staff for researching this issue and finding a way to dispose of the tires. Mr. Seumalo also confirmed for Mayor Magee that proof of residency would be required and staff will be on hand to ensure that. (9) Aareement between Countv of Riverside and Citv of Lake Elsinore for Improvements to Dexter Avenue Recommendation: The City Council approve the agreement with Riverside County for the repair and reconstruction of Dexter Avenue and direct the Mayor to execute the agreement with the County of Riverside. Councilman Hickman asked about the County only paying $100,000 and not it's full share. Public Works Director/City Engineer Seumalo confirmed and advised that staff has spoken with the Director of the County Transportation Department and they were willing to participate, taking into consideration the pending annexation, they were willing to commit $100,000. Staff feels it is important enough to move forward with the completion of the road and look for other funds. Thereafter followed a discussion between Council and staff regarding the possibility of the County contributing more than the $100,000 they have offered; the importance of moving forward with this project in light of the claims filed against the City and using funds from projects that were completed under budget to offset the costs. Mayor Magee stated he did not see anything in writing from the Transportation Director indicating the County's reasoning for not contributing a higher amount. He expressed his thoughts that the annexation going forward and the County losing a significant portion of the road being an issue, noting the annexation is just another victim of the City's General Plan that is stalled and the City does not know when that is going to happen. Mayor Magee indicated that 28% of the responsibility is the County of Riverside's and he asked Supervisor Buster to look into this matter, specifically citing the Transportation Director and the additional charge to the City's General Fund of over $200,000 which is not acceptable during these times. He requested Council consider continuing this item for two weeks to give Supervisor Buster some time to respond to Mayor Magee's inquiry and try to obtain an answer in writing from the County as to why it will not contribute it's full share since the road is used by both city and county residents. Mr. Seumalo expressed staff's concern about delaying the bid process by continuing this item indicating staff anticipated awarding the bid at the time the agreement was signed. After some discussion Council concurred that staff could move forward with the bid process and not award the bid until the city received an answer from Supervisor Buster. n I I n n (10) Mutual Settlement Aareement and Release for Citv of Canvon Lake v. Citv of Lake Elsinore Litiaation Recommendation: The City Council: a) Approve the attached Mutual Settlement Agreement and Release, subject to any modification consistent with the above-referenced terms as may be approved by the City Attorney. b) Authorize the Mayor to execute the final form of the Mutual Settlement Agreement and Release on behalf of the City of Lake Elsinore and the individual Councilmembers. c) Authorize the City Attorney to prepare and execute any other ancillary pleadings necessary to make the Mutual Settlement Agreement and release binding upon all parties. The City Attorney advised Council that this matter was on closed session and comments were received from the developer and Canyon Lake that will be reviewed in closed session. PUBLIC HEARING(S) No public hearings are scheduled. APPEAL(ID (11) Conditional Use Permit No. 2008-17 and a minor Desian Review - "Roval Street Communications Cellular Tower Facilitv Co-Locatina at a Heial1t of Sixtv Five Feet (65') on an Existina Tower" Recommendation: The City Council either: a) Uphold the Planning Commission's November 18, 2008 decision to approve the Project subject to conditions of approval number 9; or b) Uphold the Planning Commission's November 18, 2008 decision to approve the Project but relieve the applicant from condition of approval number 9; or c) Uphold the Planning Commission's November 18, 2008 decision to approve the Project but with certain modifications to conditions of approval number 9. Councilman Buckley expressed his view that even if the communications tower facility was stealth it is still stark and he didn't think it mattered. The City Attorney advised that the developer has submitted a threat of litigation and this is also an item that will be discussed in closed session. Councilman Buckley informed Council that he brought information he received from a company that designs city-wide cell phone master plan layovers for free then brings in the companies to build the posts. This company also writes an ordinance that mandates future cellular facilities to be stealth. It was noted that that ordinance has been challenged in other cities. n II n n I I BUSINESS ITEMCS) (12) Six (6) Month Review Reaardina Conditional Use Permit No. 2008-09 For Live Music. Dancina. and Entertainment within the Restaurant Area of an Existina Bowlina and Entertainment Center CTrevi Lanes) Located at 32250 Mission Trail Recommendation: The City Council consider the following options: a) Bring forward a request to modify the existing CUP in order for the new stage area to be considered, obtain all building division approvals for tenant improvements, and meet all conditions of approval within a specified time frame. b) Order the applicant to demolish (with appropriate building permits) the unpermitted stage, meet all conditions of approval, and obtain building permits for tenant improvements within a specified time frame. c) Refer the item to the Planning Commission for consideration of revocation of the CUP. In addition to the above options, the City Council may also choose to impose additional conditions of approval requested by the Riverside County Sheriff, which include but are not limited to the following: . State licensed and bonded security staffing . Minimum two (2) week notification prior to a heavily attended event taking place . Copies of all proposed advertisements and a list of advertisement locations (websites, radio, newspapers, television, etc.) related to heavily attended events. Councilman Hickman questioned an official tax offset notice for landscaping that was created on January 16tfi received by the applicant and asked what landscaping because the notice refers to Mission Trail which is not the applicant's responsibility. Acting Community Development Director Weiner addressed Council advising there were no liens placed by the City regarding landscape issues. Code Enforcement has notified the O'Bryrne Group in writing to address the issue of the slopes, but that is all staff has done in terms of enforcement. Mayor Magee confirmed the slopes were the area behind the facility and in front of the facility adjacent to the public right of way. Everything in the parking area immediately adjacent to Trevi would be the responsibility of the operator. Thereafter followed discussion regarding the notice received by the applicant and the problem the applicant had with the property owner when he attempted to landscape the area. Councilman Hickman stated he read all of the information presented to Council and expressed his displeasure with an item on the police log indicating a fatal DUI traffic collision after leaving Trevi when in fact it was a Trevi employee who left work and she n n n did not have a drop of alcohol in her system. He felt, that the Country was in a recession heading toward a depression mentioning several restaurants that are closing and all of the layoffs, and he saw this issue as a way for a man to find his nitch and try to survive. He expressed his frustration about the situation and asked to hear from the applicant or the applicant's attorney. Mayor Pro Tem Melendez asked if the applicant was cited for the stage constructed in the Elks area. Mr. Weiner responded that the applicant was not cited but a notification letter was sent to him approximately five days after the stage was constructed regarding the stage and some other issues that needed to be addressed. Mr. Weiner indicated further that Building can inspect the Elks stage to determine if it requires a building permit; however, it should be included in any modified CUP. A lengthy discussion continued regarding the citations received by the applicant which were issued a year ago dated January 10, 2008 and March 5, 2008 which was prior to the CUP hearing In July of 2008. Mayor Pro Tem Melendez wanted to know why he was cited when the City has been informed several times that the property is not his. The City Manager explained he did not know the sequence of events. It may have been because of those citations that the applicant notified the City. Mayor Pro Tem Melendez asked about the padlocked doors and whether it was never allowed to have padlocks on the doors. Mr. Weiner explained that when staff and the fire department were at the building the applicant was told when the business was closed and no one was in the building, the doors could be padlocked for security, but anytime the business was open with employees, customers or both, the doors could not be padlocked. Mayor Pro Tem Melendez referred to the report with respect to the video surveillance screens and monitors being turned off. After asking what time the inspection was Mr. Weiner indicated it was between 3:00 and 4:00 pm. She noted the conditions of Approval indicate the surveillance should be on from 5:00 pm on. Mr. Weiner confirmed that it should be manually monitored from 5:00 pm on but there should be surveillance cameras on 24 hours a day. After quoting the conditions regarding surveillance, Mayor Pro Tem Melendez asked Mr. Weiner where it states that there should be 24-hour surveillance. Mr. Weiner stated that he would have to look at the conditions because that was always the intent. He further stated the conditions could be modified if that was not clear. Further discussion ensued regarding the requirement for surveillance 24 hours a day. Mr. Weiner clarified that during the inspection the cameras did not work at all. Councilwoman Bhutta asked if we have spoken to the property owner regarding the landscaping issue. Mr. Weiner stated he has tried to contact them by fax and telephone on numerous occasions unsuccessfully. Finally, Code Enforcement was asked to send written notification to the owner and start an active case. Councilman Hickman expressed his concern that all of these issues were created as a result of a rave party which was closed down at 2:00 a.m. and the police responding n n n later found someone in the parking lot at 3:00 a.m. who apparently overdosed; asking if the applicant is totally responsible for maintaining the people in the parking lot also. Mr. Weiner responded in the affirmative indicating since he is running an operation out of the building he is responsible for things happening In the parking lot as well, either with security staff or otherwise. Captain Cleary interjected that the rave party was not over when the lady was found in the parking lot. The party was scheduled to end at 5:00 a.m. Captain Cleary then provided Council with a sequence of events that occurred the evening of the rave party pointing out the problems that arose as a result and the resources it took to stabilize the situation. He indicated this incident is one of many issues. The point is not that suddenly there are issues because of this incident; this is just one of the problems associated with the management of the property to this point. Captain Cleary confirmed that there have been incidents since the night club opened indicating that some times they have been more serious than others but luckily there has not been a fatality or a huge gang fight. The applicant, Michel Knight responded from the audience to questions posed to him by Councilman Hickman which were inaudible. Michel Knight, the applicant addressed Council at the podium indicating there have not been any problems for over five months until this event. He personally shut down the event at 2:00 a.m. He has since informed the promoter bye-mail and by fax that he is not to be associated with Trevi any more and to remove all of his advertisements off the internet. Mr. Knight indicated he is not interested in being associated with rave events because of the damage they left inside the building. He indicated he was in full agreement with the police department's recommendations because he does not intend to have that many people at an event again. A lengthy discussion ensued regarding the rave event and other issues regarding the promotion of events at the facility. Thereafter a general discussion ensued with Councilman Buckley inquiring as to the capacity of the building and whether the rave event was throughout the building. Mr. Weiner responded that he did not know the exact capacity for the entire building and confirmed that the rave took place throughout the building. Further discussion regarding the reason given for the doors being padlocked was because the applicant was having problems with break ins and unauthorized entrance into events, mostly in the Illusions area of the building. Mr. Buckley confirmed that the padlocking of the doors was one of the issues Council was reviewing this evening, confirming that the reason for not allowing the doors to be padlocked during hours of operation was so that people would not be burned to death in the event of a fire. Mr. Weiner clarified for councilman Hickman there were two CUP's. The first was 2007- 01, which is the CUP that was issued for Trevi Lanes for the bowling, video arcade, the alcohol and the outdoor seating for the proposed Illusions restaurant, which was approved. The second CUP 2008-09 was for concerts and allowing the night club to operate out doors; this is the CUP that is before Council this evening. After being asked by Councilman Hickman, how he would like to see this matter resolved, Mr. Weiner stated that he would like the applicant to comply with the conditions of the CUP and continue to monitor the applicant to ensure they co'mply with those requirements. n r I; Councilwoman Bhutla addressed Mr. Knight asking if he has looked into any type of family events. Mr. Knight responded that he has. He further indicated he just hired a new inhouse promoter and they are looking at several options, including a country night, open mike night. He indicated they tried a comedy night, but no one came. He discussed the "open mike night" he has held for high school students and went on to explain the events they are currently promoting and where they are advertising. Councilwoman Bhutla asked for confirmation that Mr. Knight would be willing to inform the City and the police department of any events that will be taking place at the facility. Mr. Knight said he would be happy to and everything will be posted on their website. Councilwoman Bhutla asked Mr. Knight about the cons~ruction of the stage without obtaining permits. Mr. Knight could not respond, but presented Councilwoman Bhutla with a set of plans and spoke directly to her at the dais. That conversation was inaudible for transcription. Returning to the podium, Mr. Knight expressed his displeasure that he was not given an opportunity to speak with the City about these issues behind closed doors and the newspapers receiving the information without his knowledge of what was occurring. (13) Washinaton. D.C. Advocacy and Fiscal Year 2010 Federal Aaenda Recommendation: Approve the proposed 2010 federal agenda and direct staff and The Ferguson Group to prepare and submit the necessary appropriations request documentation and authorize the City delegation to return to Washington, D.C. for meetings on March 2-3, 2009. Councilman Buckley mentioned the Light Rail 1-15 Corridor confirming the potential shifting of the High Speed Rail should also be mentioned as well. Mayor Magee added Proposition 1 B which was approved by the voters. City Manager Brady advised that as he had discussed with the Mayor and Redevelopment Agency Chairman Buckley, he would not travel to Washington DC, with the Mayor and Chairman since he did not need to go, which would save the City at least $1,000 in travel costs. Mayor Magee thanked the City Manager and indicated that he and Mr. Buckley have been to Washington D.C. twice and they will have a representative from The Ferguson Group. In light of the City's current economic constraints and the fact that the City Manager has lost a considerable number of his staff, he felt it was more prudent for the City Manager not to go. REDEVELOPMENT AGENCY CALL TO ORDER Chairman Buckley Called the meeting to order at 5:03 pm. I nl I I i I I n In I I I i > I l ROLL CALL PRESENT: CHAIRMAN BUCKLEY VICE CHAIRWOMAN BHUTTA MEMBER HICKMAN MEMBER MAGEE MEMBER MELENDEZ ABSENT: NONE. Also present: Executive Director Brady, Agency Counsel Leibold, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Information/Communications Manager Dennis, Captain Cleary and Interim Secretary Cowley. CLOSED SESSION The Agency Council announced that the Redevelopment Agency is scheduled to meet in closed session at 5:00 p.m. to discuss five items of real property negotiation all under the authority of Government Code Section 54956.8. The respective properties are identified by parcel number on the agenda. The negotiating parties in each case are the agency and the property owners. Under negotiation is the price and terms of payment. 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) PROPERTY: APN 373-162-003, -004, -005 AGENCY NEGOTIATOR: Executive Director Brady NEGOTIATING PARTIES: Lake Elsinore Redevelopment Agency and WSS Investments UNDER NEGOTIATION: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-174-018, 374-262-013 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Elsinore Pioneer Lumber Company Under negotiation: Price and terms of payment 1 (c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-174-013, -016, -017 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Thomas A. Martin Under negotiation: Price and terms of payment n 1(d) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) PROPERTY: APN 374-311-018, -019 AGENCY NEGOTIATOR: Executive Director Brady NEGOTIATING PARTIES: Lake Elsinore Redevelopment Agency, Sharon Rose, and H&H Charitable Remainder Trust UNDER NEGOTIATION: Price and terms of payment 1(e) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) PROPERTY: APN 375-250-026, -027, 375-942-015 CITY NEGOTIATOR: City Manager Brady NEGOTIATING PARTIES: City of Lake Elsinore, Denise Fleming, and Tim Fleming UNDER NEGOTIATION: Price and terms of payment PUBLIC COMMENTS There were no public comments. CONSENT CALENDAR (2) Approval of Redevelopment Aqencv Minutes n Recommendation: Approve the following minute(s): a) Joint City Council/Redevelopment Agency Meeting - January 13, 2009 b) Regular Meeting - January 13, 2009. (3) Warrant List Dated Januarv 15. 2009 Recommendation: Authorize payment of Warrant List dated January 15, 2009. (4) Investment Report - December 2008 Recommendation: Receive and File. PUBLIC HEARINGlS} No public hearings scheduled. BUSINESS ITEMlS) No business items scheduled. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 3 MINUTES n.", EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS n n n BOARDMEMBER COMMENTS The Redevelopment Agency meeting was adjourned at 5:04 p.m. and reconvened to City Council at which time the City Attorney announced that the City Council would recess to closed session at 5:00 p.m. to discuss one item of existing litigation under the authority of Government Code ~ 54956.9; the City of Canyon Lake vs. the City of Lake Elsinore, the case number is identified on the agenda. There is also one item of property negotiation under the authority of Government Code ~ 54956.8. The property is identified by parcel number on Agenda Item 1(b), the negotiating parties are the City and the property owners Denise and Tim Fleming; under negotiation price and terms of payment. The third closed session item relates to two cases of anticipated litigation under the authority of subdivision (b) of Government Code ~54956.9. ADJOURNMENT There being no further business, the meeting was adjourned to closed session at 5:05 pm. THOM Y, CH N LAKE ELSINOR VELOPMENT AGENCY ATTEST: