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HomeMy WebLinkAbout03-10-2009 SS n MINUTES JOINT CITY COUNCIUREDEVELOPMEMT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 10,2009 *****************AAAAAAAA..***************************************************************** CALL TO ORDER -- 5:00 P.M. Mayor Magee called the meeting to order at 4:02 pm. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN HICKMAN ABSENT: COUNCILMAN BUCKLEY n Also present: City Manager Brady, City Attorney Leibold, City Treasurer Baldwin, Acting Community Development Director Weiner, Acting Administrative Services Director Riley, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Parks and Recreation Director Gonzales, Director of Lake and Aquatics Kilroy, Interim City Clerk Cowley. CLOSED SESSION 1(a) PUBLIC EMPLOYMENT (Gov't Code Section 54957(b)): City Clerk 1(b) CONFERENCE INVOLVING (SOUTHWEST COMMUNITIES CODE SECTION 54956.96) A JOINT POWERS AGENCY FINANCING AUTHORITY) (GOV'T Discussion will concern: Conference with real property negotiator: iD I - I Property - APN 370-060-050 southeast of Corydon/west of Mission Trail Agency negotiator - Dean Deines Negotiating parties - Animal Friends of the Valleys and Elsinore Valley Municipal Water District Under negotiation - Price/terms/Conditions of Payment n Name of local agency representative on joint powers agency board: Councilman Thomas Buckley 1 (c) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (1 potential case) n PRESENT ATIONS/CEREMONIALS counbil Recognition - Robert Prado for achieving the Guinness World Record hold~r for varial heel flips on a skate board I City Manager Brady confirmed that Robert Prado would be present at the 7:00 pm meeting to be recognized. presJntation by Elsinore Valley Municipal Water District -- Reclaimed Water Project presJntation by Jose Carvajal, Public Information Officer for Lake Elsinore Unified School District - California Healthy Kids Survey PUB~IC COMMENTS TherJ were no public comments. I CONSENT CALENDAR (2) Approval of Citv Council Minutes Recommendation: Approve the following minute(s): a} Regular Meetings - February 10, 2009 b) Joint City Council Redevelopment Agency - February 24,2009 (3) Warrant List Dated Februarv 26, 2009 Recommendation: Authorize payment of Warrant List dated February 26, 2009. Councilwoman Bhutta asked about Warrant No. 9860 to Linda Miller. City Man~ger Brady advised Ms. Miller is a contract planner and the warrant is for servites rendered. (4) Cooperative Aoreement Between Countv of Riverside and Citv of Lake Elsinore for Improvements to Dexter Avenue n Recommendation: Approve the agreement with Riverside County to share the cost for the repair and reconstruction of Dexter Avenue and direct the n Mayor to execute the Agreement in such final form as approved by the Director of Public Works and the City Attorney. City Manager Brady advised Council that the County has requested one modification to clarify the amount the City will reimburse the County after a number of years. He explained that prior to four years the City would reimburse the County 40% of the County's contribution; and the County wanted additional language added that indicates between four years and five years 20% of the contribution would be reimbursed. City Attorney Leibold added the only other correction is in Section 1 the City's funding amount is $798,885 rather than an even $798,000 that was in the agreement that was circulated. City Manager Brady confirmed for Mayor Magee that the agreement will go to the Board of Supervisors at their March 24th meeting and will becomes effective sometime after March 24th when it is executed by the Board. n Mayor Magee thanked Public Works Director Ken Seumalo and Ed Basubas for working so diligently with the 'County. It took an extra month but it was a $200,000 gain to the City's benefit. Mayor Magee indicated he had the occasion to meet with Juan Perez from County Transportation on more than one occasion and he is owed the City's thanks as well for working with staff and doing the right thing. He explained the City entered into this project with the intent of everyone paying their fair share and the politics of the County have interfered with that. He felt the City now has a document in place that will make the City whole. City Attorney Leibold advised Council that the award for the contract will be presented to Council at the first meeting in April. Mayor Magee confirmed with staff that closures between Dexter, Highway 74 and 1-15 will be done so as not to restrict traffic. (5) Extend Term of Professional Services Aareement and Extra Work Authorization for Environmental Consultina on Boat Launch Facilitv Proiect Recommendation: Approve the First Amendment to the Professional Services Agreement and "Extra Work" for HDR Engineering; then authorize the City Manager to execute the documents. n Councilwoman Bhutta asked if the extra service was a result of having to resubmit as a new project. Director of Lake and Aquatics Kilroy advised that it is because the City did not qualify under the nationwide permit which is a streamline process and the City had to go the individual permit process. Mr. Kilroy responded to the Mayor's inquiry regarding a start date indicating the Ii Corps of Engineers is requiring the City to do some alternative analysis to determine the least environmentally damaging alternative. He indicated the Corps has come up with some ideas they would like the City to consider; one would be a pier system for the parking lot to elevate the site rather than importing fill materials and depending on the outcome of that request, he thought it would be approximately 90 days before the project can be started. Mayor Magee noted that both Congressman Issa and Congresswoman Bono expressed angst that the Army Corps of Engineers was taking this stand with the City when the City is looking to improve the situation and they are holding the City up. He directed staff to make sure that the congress people are kept in the loop as to the status so that they can exude pressure from their side to move this project along. Mr. Kilroy acknowledged Mayor Magee indicating the original application was submitted about one year ago; however, a new staff member has been assigned to the City and he seems to be very responsive and so staff remains hopeful. Mr. Kilroy confirmed he would work with the City Manager in contacting the congress people. n Mayor Pro Tem Melendez asked about the reference in the agreement to Habitat Mitigation and Monitoring Plan yet the agreement does not include any focus on any sensitive species and asked if the City was going to run into a problem where more studies are going to have to be done of species that have already been studied in that area. Mr. Kilroy responded indicating that is part of the unknown of these studies and provided Council with a description of the mitigation studies that would be required of the City. He also responded to a question from Councilwoman Bhutta as to whether the City had enough funds to complete the project by explaining there is approximately $200,000 in the Developer Impact Fees for Shoreline Facilities which are dedicated funds that can only be used for shoreline facilities so there are adequate funds to cover the costs. Councilman Hickman commented on the condition of the campground and asked when it would be coming to Council. He was advised that it would be brought back to Council in two weeks. The Mayor added that it is the City's responsibility to get the boat launch completed and the Army Corps has delayed that. The City has taken the right steps by barricading a hazardous situation; and has received state funds, has set aside funds and the City is ready to proceed; but a federal agency has put up a roadblock so for four years the City has been in a stranglehold. n n (6) Authorization for the City Manaqer to Enter Into Contract with ESA for the Preparation of an Environmental Impact Report Addendum for the Canvon Hills Specific Plan Amendment NO.3 Recommendation: Staff recommends that the City Council authorize the City Manager to enter into a contract with ESA for an amount not to exceed $37,000. Mayor Magee asked if the developer was changing the proposed density or the housing type. City Manager Brady acknowledged that they are making some changes to some of the uses. He said the number of units that can. be developed is 4,275 and they do not want to increase the density but they are looking at shifting some of the planning areas. He added that some of the southside has to do with that portion that hasn't been developed along Railroad Canyon. (7) Transfer of CDBG Funds - Danqerous Structure Abatement n Recommendation: That the City Council 1. Approve the transfer of $87,903 from Dangerous Structure Abatement into the 2008-2009 Code Enforcement - Nuisance Abatement project. 2. Approve submittal of the City's transfer request to the County of Riverside. Councilwoman Bhutta asked how many dangerous structure abatements are handled by the City on an annual basis. Building Manager Chipman advised that last year there was between 15 to 20 and this year it is about the same. He mentioned that there were five or six abatements currently in progress explaining that by transferring CDBG funds to Code Enforcement the funds can be used toward personnel costs. When it gets to the point where the City is going to incur costs, the matter will be brought to Council to determine whether or not the City expends the funds. He confirmed for Councilwoman Bhutta that if there are no funds available, the costs would have to come out of unallocated funds. PUBLIC HEARINGCS} (8) Tentative Parcel MaD No. 36164 for Condominium Purposes and conditional use Permit No. 2008-17. for the "Diamond Professional Plaza," 425 South Diamond Drive Recommendation: That the City Council adopt Resolution No. 2009- approving Tentative Parcel Map No. 36164 for condominium purposes, for the "Diamond Professional Plaza." n n (9) Public Hearina to Consider Modifications of Conditions of Approval for the Greenwald Commercial Proiect Recommendation: That the City Council: 1) Approve the modifications to the conditions of approval for the Greenwald Commercial project as set forth herein and as reflected in Attachment NO.1 to this Staff Report. 2) Direct staff to place the revised Conditions of Approval in the permanent Project file. 3) Direct staff to attach the document attached to the Staff Report as Attachment No. 2 to the Conditions of Approval for the Project that is placed in the permanent Project file. Hickman asked what a cobra head light is. City Manager Brady advised it is a style of light similar to the ones at Tuscany Hills. APPEAL{S) There are no appeals scheduled. BUSINESS ITEM{S} n (10) Graffiti Action Plan 30 Day Proaress Report Recommendation: Receive and file. Mayor Pro Tem Melendez confirmed that the City was purchasing the mounted cameras and not leasing them for the purpose of the pilot program which is 12 months. She expressed concern that at the end of the 12 months if the cameras do not decrease the occurrences of graffiti or increase the City's ability to seek retribution then the City has cameras that aren't doing the City any good. Information/Communications Manager Dennis explained the purpose of the study is to help determine in a controlled way something that hasn't been done with this kind of equipment, so staff thought the City would be eligible for grant funds for this kind of project if the City can demonstrate a statistically significant change in either the deterrent value between a dummy box and active camera. He added that staff is also looking at the rotational pattern or the psychology of putting something in a place temporarily, announcing to the population that it is there and also measuring persistence effect. There is no money back guarantee but the hope is and the guarantee staff hopes to prove is that other cities who have used the cameras have said they are effective, easy to maintain, the photograph is easy to retrieve noting that part of the study is the cost benefit of the cameras. n Mayor Magee confirmed that staff was seeking Council authorization to go forward with purchasing three cameras. Mr. Dennis responded stating staff is n going to go through a bid process so if staff can look at an alternative that is comparable and less expensive it will. Councilwoman Bhutta confirmed that staff would be conducting experimental research and asked if Council could be provided with a report after six months. Mr. Dennis reiterated that staff thought that by doing a controlled study in an experimental design, the city would not only be eligible for some reimbursement from grants but staff would be adding to the knowledge about graffiti tactics. He also advised that the Graffiti Action Plan actually has quarterly evaluations scheduled. Thereafter followed a discussion regarding the study and data to be reported; the graffiti hotline now being available; and the effectiveness of the hotline. The Mayor asked Mr. Dennis to announce the graffiti hotline is up and running and to emphasize the phone number during his presentation. (11) City Clerk Emolovment Aareement Recommendation: That the City Council approve the City Clerk Employment Agreement and authorize the Mayor to execute same. (12) Amendment to City Manaaer/Executive Director's Emolovment Aareement n Recommendation: That the City Council approve the Fourth Amendment to Employment Agreement and authorize the Mayor to execute same. REDEVELOPMENT AGENCY Vice Chairwoman Bhutta Called the meeting to order at 4:24 PM ROLL CALL PRESENT: VICE-CHAIRWOMAN BHUTTA MEMBER HICKMAN MEMBER MAGEE MEMBER MELENDEZ ABSENT: CHAIRMAN BUCKLEY n Also present: Executive Director Brady, Agency Counsel Leibold, Acting Community Development Director Weiner, Acting Administrative Services Director Riley, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Parks and Recreation Director Gonzales, Director of Lake and Aquatics Kilroy, Interim City Clerk Cowley. n CLOSED SESSION 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-072-028, 374-072-030, 374-072-032, 374-072-034, 374-072-036 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and City of lake Elsinore Under negotiation: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-072-018, 374-072-020, 374-072-022 Agency Negotiator: Executive Director Brady Negotiating parties: lake Elsinore Redevelopment Agency and Riverside County Flood Control District Under negotiation: Price and terms of payment n 1 (c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-071-003, 374-071-004, 374-071-005, 374-071-006, 374-071-007,374-071-008,374-071-009, 374-071-010, 374-071-011, 374-071-012,374-071-013,374-071-014, 374-071-027, 374-071-027 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and BRIDGE Housing Corporation -Southern California Under negotiation: Price and terms of payment PUBLIC COMMENTS There were none. CONSENT CALENDAR (2) Approval of Redevelopment Aoencv Minutes n Recommendation: Approve the following minute(s): c) Regular Meetings - February 10, 2009 d) Joint City Council/Redevelopment Agency - February 24, 2009 (3) Warrant List Dated February 26. 2009 n Mayor Pro Tem asked about the affordable mailing solutions in the amount of $3,000 and was advised that was for the Redevelopment Plan update that will be before Council on the 24th. The City is required to provide mailed notice to all property owners and occupants within the project areas. Recommendation: Authorize payment of Warrant List dated February 26, 2009. (4) City Clerk Emolovment Aareement Recommendation: That the Agency Board approve the City Clerk Employment Agreement and authorize the Chairman to execute the same. (5) Amendment to City Manaaer/Executive Director's Emolovment Aareement Recommendation: That the Agency Board approve the Fourth Amendment to Employment Agreement and authorize the Chairman to execute the same. PUBLIC HEARINGCS) No pUblic hearings scheduled. I BUSINESSITEMCS) No business items scheduled. PUBLIC COMMENTS - NON-AGENDIZED ITEMS There were no public comments. City Attorney Leibold announced the Redevelopment Agency has three items of real property negotiations scheduled for closed session this evening all under the authority of Government Code Section 54956.8. The properties are identified by parcel number. The negotiating parties with respect to Item 1 (a) are the Agency and the City of Lake Elsinore who owns those five parcels; Item 1 (b), the negotiating parties are the Agency and the County Flood Control District who . owns those three parcels; and Item 1(c) relates to properties proposed for the Pottery Court affordable housing project and the negotiating parties are the Agency and Bridge Housing; under negotiation in all cases are prices and terms of payment. ADJOURNMENT REDEVELOPMENT AGENCY o RECONVENE CITY COUNCIL n n n The City Council reconvened at 4:26 pm. at which time the City Attorney announced the City Council also has three items for closed session discussion this evening. The first is Item 1(a) public employment under the authority of Government Code Section 54957(b) concerning the City Clerk appointment; Item 1 (b) involves closed session discussions held by the Joint Powers Agency for the Southwest Community Financing Authority, our closed session is held under the authority of Government Code Section 54956.96 involving real property 'negotiations identified in Item1(b); Item 1(c) involves one potential case of anticipated litigation under the authority of Government Code Section 54956.9. PUBLIC COMMENTS There were none. ADJOURNMENT There being no further business to come before the Council and Agency Board, Mayor Magee closed the meeting at 4:27 pm. ~ ROBERT MAGEE, MAY CITY OF LAKE ElSIN ATTEST: .:..' ;'CAROl COWLEY, INTERIM .;. :.CITY:OF lAKE ELSINORE - . ..;........ '-<~:~~ ~~. -