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HomeMy WebLinkAbout10-14-2008 SS n n I MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 14, 2008 ************************************************************************************* CALL TO ORDER -- 4:00 P.M. Mayor Hickman called the meeting to order at 4:06 p.m. ROLL CALL PRESENT: MAYOR/MEMBER HICKMAN MAYOR PRO TEM/MEMBER KELLEY COUNCILMAN/MEMBER MAGEE COUNCILMANNlCE-CHAIRMAN SCHIFFNER ABSENT: COUNCILMAN/CHAIRMAN BUCKLEY Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Parks and Recreation Director Gonzales, City Treasurer Weber, Captain Cleary, Director of Lake and Aquatics Kilroy, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Acting Director of Community Development Weiner and Office Specialist Herrington. PUBLIC COMMENTS No comments. CONSENT CALENDAR (7) Minutes of the Followina Meetina(sl a) Joint City Council/Redevelopment Agency Study Session - September 23, 2008. b) Regular Meeting - September 23, 2008. Recommendation: Approve as submitted. In ~ n (8) Warrant List Dated September 30.2008 Recommendation: Authorize payment of Warrant List dated September 30, 2008. (9) Claims Aaainst the City Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimants of the decision. Councilman Magee questioned whether the insurance company had spoken to the Police Chief regarding this claim noting that on page 8, the description of the incident was quite graphic. Attorney Leibold stated she did not know and confirmed she would try to get an answer before the 7:00 p.m. meeting. (10) Second Amendment to Janitorial Services Contract Recommendation: Authorize the City Manager to sign the Second Amendment to Service Contract for janitorial services for City parks and facilities with A & A Janitorial. (11 ) Second Amendment to Parks Landscape Maintenance Contract Recommendation: Authorize the City Manager to sign the Second Amendment Parks Landscape Contract with CTAI Pacific Greenscape to provide park landscape maintenance service to the City of Lake Elsinore. (12) Refund Lake Manaaement Fund Deposit for FY 2008/09 Recommendation: Approve the refund of the $650,000 Lake Maintenance Fund deposit for FY 2008-09. City Manager Brady responded to Mayor Hickman's question indicating that the Water District's Board would have to approve this request as well. (13) Approval of License Aareement for Use of Old Librarv Buildina with California Familv Life Center [ n [ . II Recommendation: Approve the License agreement for the Old Library Building with California Family Life Center and authorize the City Manager to sign the agreement. Councilman Magee asked why this contract was just coming to Council in October if it commenced on July 1, 2008. Parks and Recreation Director Gonzales explained that the contract actually expired last year and was just a matter of playing catch up. Staff contacted the County and the individual organization that actually administers the program. The agreement would be retroactive to July 1st. (14) Approval of South Coast Air Qualitv Manaaement District Lease Renewal Recommendation: Authorize the City Manager to execute the contract renewal with South Coast Air Quality Management District extending their lease agreement another five years. (15) Interchanae Improvements at Interstate 1-15 and Central Avenue (SR-74l - Consultant Selection for Survevina and Soils Testina Recommendation: Approve the selection of KDM Meridan for survey work and the firm of City and County Soil Testing for soil testing for Interchange Improvements at Interstate 1-15 and Central Avenue (SR-74) and allow staff to process the agreement. Councilman Magee asked Public Works Director/City Engineer Seumalo when this project would begin since the funds for the project were authorized six weeks ago. Public Works Director/City Engineer Seumalo advised the contractor will begin putting out K-rail this evening for traffic control and will continue to do so for the coming weeks. Director Seumalo did not have a specific date as to when the contractor would actually begin moving dirt suggesting possibly in 10 days. Mr. Seumalo confirmed for Mayor Hickman that a new lane was being constructed on the south side only. (16) Purchase Authorization to Replace Enterprise E-Mail Server Recommendation: It is determined to be in the best interest of the City to waive the bidding process and authorize the City Manager to sign and issue a purchase order to Hewlett Packard, Inc. and Zones, Inc. for the replacement of the City's Enterprise E-mail System. In I ' i n n (17) Minor Desian Review for K Hovanian Homes Recommendations: a) b) c) Receive and file the resolution and conditions of approval. Instruct the City Clerk to record the vote on the resolution as 3-2 in accordance with the vote taken on September 23rd. Authorize the Mayor to execute the resolution. Mayor Pro Tern Kelley advised that she" would be pulling this item so she could vote as she had previously voted. The City Attorney clarified that the recommendation is to reflect the vote as it occurred at the last meeting, which was three to two. Therefore, as long as Mayor Pro Tern Kelley concurred with the vote taken at the last meeting the item did not need to be pulled. The Resolution will reflect that Mayor Pro Tern Kelley voted against the recommendation. PUBLIC HEARING(S) (18) General Plan Update and Draft Environmental Impact Report Recommendation: Consider the staff/Planning Commission recommendation and direct staff/Planning Commission accordingly. Mayor Hickman asked Acting Community Development Director Weiner what staff's recommendation is. Director Weiner advised that staff is presenting three options for Council to consider. Option one is the recommendation favored by staff, however staff will wait to receive direction from Council later in the evening. Option one is to make all of the changes that have been made so far, allowing staff to make those changes and bring it back to the Planning Commission for final review. That would require the environmental impact report to be re-circulated and staff adjusting the maps and completing the project. Mayor Hickman advised there were numerous problems with the maps. Director Weiner responded stating that is the direction staff needed to receive so the maps could be changed accordingly and sent back to Council. Joe Huband addressed Council regarding the General Plan as it relates to the Country Club Heights area. He referred to a paper entitled "The Bridge to Nowhere" that he E- mailed to each of the Council Members that specifically identified the General Plan's current plan for Country Club Heights. He stated that It was actually a change in direction from the direction the City has been taking for some time. He stated for over 21 years the City has planned to develop and bring in additional infrastructure into the I I r,', I I ' I r ~ Country Club Heights area. In 1987 the City actually included the Country Club Heights area in a redevelopment area project resulting in the City receiving an additional tax increment for the stated premise of providing additional infrastructure and improving this particular area of Country Club Heights. He discussed the affects rezoning will have on development and the inability to construct the infrastructure required to support development in this area. He also discussed the establishment of the Country Club Heights Committee who met for several months and presented their recommendations to the City Council to zone Country Club Heights Hillside Residential which is 12,000 square feet and to hire a consultant to determine how to get the infrastructure. He presented each Council Member with a packet that included the City Council's earlier intent and goals and articles dating from 2004. BUSINESS ITEM(S) (19) Ordinance Addina Chacter 8.13 to the Lake Elsinore Municical Code Reaardina Aaaressive Donation Solicitations Recommendation: Waive further reading and introduce an ordinance adding Chapter 8.13 to the Lake Elsinore Municipal Code regarding Aggressive Solicitation of Donations. Mayor Pro Tem Kelley asked about the enforceability of this particular ordinance, explaining her concerns as to whether staff was talking about people in front of markets or people on the streets; and whether there have been complaints about people being accosted. She asked staff for background information. Acting Community Development Director Weiner advised Council that this action arose from two complaints; one from a citizen complaining about solicitation in the right of way particularly on freeway off ramps which was evident on a frequent basis for a short period near the 74 and Railroad Canyon South. He mentioned a second complaint generated by the owner or manager of the Albertson's supermarket in the four corners area, which was made directly to the chair of the PSAC. He advised the ordinance clearly avoids violating free speech issues but enacts a zoned prohibition solicitation within proximity to seven designated locations under three specific conditions, such as at night with a moving vehicle involved, at a public transportation facility or on board a public transportation vehicle such as a bus or shuttle. The seven locations include places where people may feel vulnerable if solicited, such as during the act of an ATM transaction or during the act of loading or unloading their vehicles in a public commercial parking lot such as a supermarket. The conditions are carefully structured not to impede the other groups that often depend on access to these locations, such as girl scouts, Salvation Army or others that have regular fund raising activities that depend on solicitation for donations. The ordinance then makes a careful distinction about locations and conditions rather than differentiating between types of people or types of organizations; therefore, it is non-discriminatory. It also has a coercion clause, which might be the most enforceable action. He explained that the ordinance is primarily self- enforcing. r ~ n I ' Mayor Pro Tem Kelley expressed concern regarding the reaction as a result of two complaints. She added that she did not want to put any more pressure on law enforcement to stop what they are doing to enforce panhandling. She felt the police were already stretched. She indicated that aggressive panhandling is pretty objective. Staff explained that under this ordinance if they are making any gestures or doing anything to get the attention of the driver of a moving vehicle that is pre-emptive. Councilman Magee stated that he was contacted by someone who wanted to go into Jack in the Box to get coffee and read a newspaper, and he was stopped at the front door. He refused to provide the individual with any funds and was attacked for it. The police was called and the assailant was apprehended and taken away. In his opinion, shop owners should have a tool to allow their customers to have safe and easy access in and out of their establishments without fear that their customers will be chased away. He realized it was adding one more responsibility to the police department but it is a safety issue. He also asked if the recommendation from the PSAC was unanimous or whether there were dissenters. Staff advised he would have to defer to the record but he would get that information. Councilman Schiffner expressed his approval with the ordinance citing that it gave law enforcement another tool to use and the police will have to the discretion on how to enforce it. Mayor Hickman asked if a sign posted outside a business that stated the business does not condone anyone who is soliciting outside would give those businesses the strength to move on. Staff explained the test is a distance test and certain venues are clearly restricted by the seven access points which allow those policies to have a greater degree of enforcement than they currently have. Staff confirmed for Mayor Pro Tem Kelley that the Police Department has reviewed the ordinance. (20) Introduction of an Ordinance AdoDtina Tree Preservation Guidelines Recommendation: Waive further reading and introduce an ordinance, adding Chapter 8.50 to the Lake Elsinore Municipal Code regarding Tree Preservation. Ray Gonzalez explained to Council that the ordinance creates an advisory committee and will coincide with the tree guidelines set in the Community Development Department. It will be a team approach between Public Works and Parks and Recreation. I' n \" In response to a question from Councilman Magee as to the funding source, Director Gonzales explained that the funds come from various sources, including the Lighting and Landscape District and the budget already included the funds. City Manager Brady explained that the funds were included in the budget and were already being spent. He explained further in order to get the Tree City USA designation the City has to spend $2 per capita, which is what the City is already doing and no further funding is required. Thereafter followed a discussion between Council and staff regarding the funding sources, the Lighting and Landscape Maintenance District being in a deficit as a result of Proposition 21 B and what staff was doing to reduce the additional costs each year by monitoring the water used and the maintenance of the district. Director Gonzales confirmed that the ordinance would only cover those trees the City is maintaining and paying for. (21) Appeal of TUMF Buildina Desianation of Service Commercial Recommendation: Deny the appeal to change the project TUMF building designation from Service Commercial to Class B Office. Kipp Dubbs addressed Council and expressed his gratitude to the City of Lake Elsinore and special thanks to the Planning, Building and Public Works/Engineering Departments. He advised they have provided a project that they believe is a Class A1Class B project in the City and they are questioning the TUMF fee designation. He felt their project met a Class B in all areas except for one. Technically one building does not equate to 20,000 square feet per floor, which is a requirement for Class B designation. He indicated the square feet per floor are approximately 16,000 per building. Because of the opposition the Holiday Inn Express received from the community they were very sensitive to how the appearance of the structure would be. They worked with planning to break it up and give it a campus feel with a court yard in the middle. They also spent a significant amount of money on pop-ups. He explained the TUMF fee was enacted to provide incentives to developers to develop Class A type projects in the Inland Empire and they feel they have a Class A project. He advised the qualifications they met adding that even the CC&R's do not differentiate between the two buildings. They were challenging the WRCOG criteria because they feel it is flawed. He clarified that he was not asking the City to take on the liability by approving their appeal but they were asking the City to support them in their challenge to the TUMF Board. Gary Washburn addressed Council indicating that he concurs with Mr. Dubbs regarding the quality of the building meeting the definition by WRCOG standards. He read the definition of Class B qualifications indicating that it was typically characterized by high quality design, minimum two stories, central lobby interior, access to suites inside the building use of high-end materials either steel or concrete, state of the art technology for Ir r I I n voice and data, built in data systems, and is service related such as a restaurant. He felt they met all of those requirements to be classified as Class B except for the 20,000 square feet per floor. He indicated what Mr. Dubbs is saying is that they have met the spirit of the law and land uses to meet the TUMF traffic analysis. He requested that if the Council moved to reject the appeal that language be added indicating they met the spirit of the law even though the square footage was a little less than what is required. They hoped this would give the, a little latitude when they formally addressed the WRCOG Board for a reduction in the fee. When asked why staff made the decision to charge the higher TUMF fee, Director Seumalo advised that the TUMF guidelines clearly state the requirements and as Mr. Washburn and Mr. Dubbs pointed out that one of the requirements is to have 20,000 square feet per floor. In his judgment the building did not meet those requirements. He did not feel he had the latitude to make interpretations when the language clearly states 20,000 square feet per floor. Because of that, in his opinion, they fall short of the minimum requirements. Staff understands that the City would have to pay the difference of $230,000.00 if Council approved the appeal and WRCOG found the project was not qualified. Director Seumalo acknowledged that he had placed a call to WRCOG staff regarding that question and has not yet received an answer. Councilman Magee indicated the City was walking a fine line between encouraging business and being in compliance with an overall County plan and also gaining transportation funds for the City's own issues. While he understands the argument being presented, he felt the City had no choice but to allow the developer to appeal to WRCOG Board. He felt staff's interpretation is clear and the record can reflect that the City Council wants this type of investment. Further discussion continued regarding the number of leases that have been signed and when escrows would be closing. Mr. Seumalo advised in response to a question posed by Councilman Schiffner that there was an appeal process for WRCOG, and explained the appeal process to Council. Councilman Schiffner stated he shared Councilman Magee's interest in the City receiving its share of the transportation and concurred with staff's recommendation. Councilman Magee expressed his opinion that the City Council deny the appeal and encourage the applicant to file an appeal with a request for relief of this requirement because Council believes the applicant has met the intent of WRCOG's desire to encourage this type of investment in the County. He explained while he did not want to see the building remain vacant he would not put the taxpayers on the hook for $230,000. Director Seumalo advised that the WRCOG representative was aware of this project and of the appeal and if it's the desire of the council for city staff to work with WRCOG staff to present this project in the most favorable light, then staff would do so. I n n I I REDEVELOPMENT AGENCY CONSENT CALENDAR ITEMISI (2) Aooroval of Redevelooment Aaencv Minutes Recommendation: Approve the following minutes: a) Joint City Council/Redevelopment Agency Study Session - September 23, 2008. b) Regular Meeting - September 23,2008. (3) Warrant List Dated Seotember 30. 2008 Recommendation: Authorize payment of Warrant List dated September 30, 2008. (4) Downtown Master Plan Consultant Selection Recommendation: The City Council authorize the City Manager to enter into a contract with Cooper Carry, Inc. to prepare the City of Lake Elsinore Downtown Master Plan, in an amount not to exceed $207,280. Executive Director Brady advised Vice Chairman Schiffner and the Board that the Downtown Master Plan Consultant was here and he had a brief presentation to give. Rich Fiehrl of Cooper Carry advised Council that their presentation consists of photographs of some of the projects they have done and introduced Sarah Wilkinson, who will be the project manager for the project and provided a brief history of the company and its philosophy. He indicated they think there is a great opportunity to begin to be an example to Southern California on how to take economic opportunities like there are today and regenerate so that cities ultimately come out of this with sustainable communities that have downtowns as their hearts. They opened an office in Southern California three years ago and are working for cities like Sonoma, City of Los Angeles in the port area, the City of Anaheim Redevelopment Agency at the Anaheim Canyon Transit Center, working in Oxnard for a developer to redevelop a part of the Channel Islands Harbor. They found the project in Lake Elsinore to be a wonderful opportunity to collaborate and help the City of Lake Elsinore see the potential as it comes forward out of this economic downturn. They are thrilled with the support from the staff. Member Magee expressed concern with the reimbursable expenses being charged at 1.5 times the actual costs for long distance telephone calls and faxes. He also did not feel it was appropriate for the City to pay for overtime and meals. He requested that those expenses be absorbed by Cooper Carry. He indicated he would like staff to take out the entire back half of the reimbursable expense category which is located on page 94. He also noted that the Schedule provides a start date within 60 days; however, he did not see a completion date. He felt it had to be done within 12 months. ~ n n Mr. Fiehrl confirmed they would work with staff to lower the reimbursable expenses and they could complete the project in 12 months. Executive Director Brady responded to a question posed by Member Hickman why the Downtown Plan was not being done in phases indicating this was brought back to the Redevelopment Agency Board out of the community center process and the board directed staff to move forward with a comprehensive downtown revitalization plan that would include the possible location of the Civic Center. It was realized that it was not just the Civic Center but the revitalization of the entire area from the freeway down to the Lake. This was essentially a result of the process of going through the Civic Center design review process. Member Hickman asked if any consideration had been given to The Shopoff Group who had already done a study of the downtown area. Executive Director Brady said that study was reviewed and it can be included as part of this process, however staff was following the direction of the Board. Member Hickman expressed his concern that the public should have input into what they think downtown should look like. Staff confirmed that there would be a public outreach element to the study. Vice Chairman Schiffner expressed his hope the consultant will not be restricted by the General Plan that was proposed for approval. He would be happy if this would be a specific plan within the General Plan. Thereafter followed a slide presentation of the proposed downtown area by Cooper Carry carrying several of the plans they have created throughout the United States and the functionality of their projects. Chairman Buckley arrived at approximately 5:20 pm. PUBLIC HEARINGISI None. BUSINESS ITEMISI None. ~ r ~ PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES No comments. ATTEST: CLERK J/37 ffi~ CbARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE