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HomeMy WebLinkAbout10-28-2008 SS n n n MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 28, 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/CHAIRMAN BUCKLEY COUNCILMAN/MEMBER MAGEE COUNCILMANNlCE CHAIRMAN SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, City Treasurer Weber, Captain Cleary, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Director of Lake and Aquatics Kilroy, Acting Director of Community Development Weiner and Interim City Clerk Cowley DISCUSSION ITEMS Mayor Hickman indicated a certificate would be presented to Bruce McMeans of Broken Arts at the later meeting. PUBLIC COMMENTS No public comments. COUNCIL APPROVES CONSENT CALENDAR ITEM NOS. 3 THROUGH 11 (3) Minutes of the Followina Meetino(s) (a) Regular Meeting - October 14, 2008 Recommendation: Approve as submitted. 1 n n n (4) Warrant List Dated October 15. 2008 Recommendation: Authorize payment of Warrant List dated October 15, 2008. Staff was asked about check No. 94771 and responded that it was the refund and closing costs in the CRS account. Staff also advised the check to Home Depot was reimbursement for State Route 74 Construction. (5) Investment Report - September 2008 Recommendation: Receive and file. Director of Administrative Services Pressey advised the City had $7 million in total investments over 5% and $24 million in LAIF. (6) Risk Assessment and Response Plan for Invasive Mussel(s) Recommendation: Staff recommends approval. Mayor Hickman asked for confirmation that he read that back east they are trying a new system with the mussels that is very successful. Director of Lake and Aquatic Resources Pat Kilroy confirmed that testing is being done on soil bacteria that are toxic to the mussels but a pretty high dose would have to be administered to be lethal. He noted that whenever anything is put into the water supply it has to be extremely well tested, so a solution could be several years away. (7) Award Contract for Roof Replacement for Planet Youth Buildinq Recommendation: Authorize the city Manager to process a purchase order in the amount of $20,621 to Dan's Roofing for the removal of the existing and the installation of a new roof at the Planet Youth Building. City Manager Brady advised the Mayor that staff wished to pull this item from the agenda and not take any action on it. Staff will bring it back at a later date. (8) Safe Candv Niqht Recommendation: Approve closure of Main Street from Library to Peck for the Safe Candy Night. Mayor Hickman stated that he comes downtown for this event and it is great to see the children running around. (9) Request for Street closure and fee Waiver for the Unity in the Community Parade 2 '-I Recommendation: Aprrove the fee waiver and closure of streets along the parade route for the 12' Annual Unity in the Community Parade. (10) Approval to use Sians of Support funds Recommendation: Approval to use funds from the Signs of Support donation account to assist in the Skate Park program. Mayor Hickman noted the success of this program. (11) Cultural Center Diaital Audio Uparade Recommendation: It is determined to be in the best interest of the City to waive the informal-bidding process and authorize the city Manager to sign and issue a purchase order to On-Trax, Inc., to acquire, install, and configure the Digital Sound Board device. PUBLIC HEARING{S) n (12) Mitiaated Neaative Declaration No. 2008-07. Tentative Parcel Map No. 36066. and Commercial Desian Review No. 2008-01 for the "Greenwald Commercial Center" Recommendations: 1. Adopt Resolution No. 2008-87 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. . 2. Adopt Resolution No. 2008-88 adopting Mitigated Negative Declaration No. 2008-07 and the Mitigation Monitoring and Reporting Program appertaining thereto. 3. Adopt Resolution No. 2008-89 approving Tentative Parcel Map No. 36066. 4. Adopt Resolution No. 2008-90 approving Commercial Design Review No. 2008-01. Councilman Magee asked the City Attorney to address the document that was delivered to Council in the afternoon from an attorney who indicates his client is the Canyon Lake Property Owners Association (POA) since he has not had time to read or review the letter. n City Attorney Leibold stated that she did review the letter and essentially the letter claims the Mitigated Negative Declaration prepared in connection with the project is insufficient under CEQA and alleges that a full environmental impact report is required. She added staff disagrees and believes that the Mitigated Negative Declaration is sufficient and satisfies all of the CEQA requirements. She advised the issue raised by the POA is primarily a traffic safety issue and a traffic study was prepared as part of the environmental review. Her recollection is that the traffic study does not demonstrate that a signal is warranted where the Canyon Lake POA would like to have a'signal. The 3 n n n traffic impacts are mitigated below significant thresholds which is the finding under CEQA that is required. While the input is appreciated staff does not believe they have stated sufficient evidence why this project would require an EIR. The city attorney also pointed out that the letter claims that the project is inconsistent with the county's trail system; and a letter was left on the dais this afternoon stating the project relied on the approved County trail system map while the letter from the Canyon Lake POA is referencing a draft County trail system map. She also mentioned there is an issue 'with respect to golf carts on city streets. Lake Elsinore's Municipal Code does not allow golf carts on city streets so to the extent that the POA would like to see golf carts they will have to appeal to the City Council to amend the Municipal Code. Acting Community Development Director Weiner responded to Mayor Hickman's question regarding the trails on the north gate of Canyon Lake explaining that staff reviewed the trails; the GIS department generated a map that showed the approved County plan that had been submitted to staff. Staff used the approved County plan in conjunction with the trail system for this project. The trails incorporated into this project are in accordance with the approved County trails map. Director Weiner explained that the Homeowners Association is worried about the horses getting hit at the exit gate of Canyon Lake. Director Weiner confirmed that staff was trying to encourage the Canyon Lake residents to create the connection within their jurisdiction. Director Weiner confirmed for Councilman Magee that the POA wanted the trail further away from their gate and have some other type of connection rather than providing the connection from Canyon Lake city limits. APPEAL/S) (13) Consideration of an Aooeal of the Plannina Commission's Decision Relative to Public Convenience and Necessitv Findinas for Off-Premise Alcohol Sales from a Prooosed Convenience Store Located within the Viscava Villaae Shoooina Center Located at 16665 Lakeshore Drive. Suite 'A' (APN: 379-470-083) Recommendations: 1. Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2. Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. BUSINESS ITEM/S) (14) Second Readina - Adootion of Ordinance No. 1256. Addina Chaoter 5.80 to the Lake Elsinore Municioal Code Reaardina Tree Preservation Recommendation: Waive further reading and adopt Ordinance No. 1256, adding chapter 5.80 to the Lake Elsinore Municipal Code regarding Tree Preservation. 4 I nl I I , n n (15) Second Readinq - Adoption of Ordinance No. 1257. Addina Chapter 8.13 to the Lake Elsinore Municipal Code Reqardinq Requlation of Solicitation Recommendation: Waive further reading and adopt Ordinance No. 1257, adding chapter 8.13 to the Lake Elsinore Municipal Code regarding Regulation of Solicitation. (16) Commercial Desiqn Review No. 2008-05: A Request for the Renovation and Related Onsite Improvements of the Existina 2.040 Square-Foot "Taco Bell" Restaurant and Associated Drive-Thru Located at 31712 Mission Trail Drive (APN: 363-172-014 Recommendations: 1. Adopt Resolution No. 2008-91 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-92 approving Commercial Design Review No. 2008-05. (17) Residential Desiqn Review No. 2008-03. for "Jasmine" bv Lennar Homes in Rosetta Hills. Tract Map No. 31792 Recommendation: Adopt Resolution No. 2008-93 approving Residential Design Review No. 2008-03 for the "Jasmine" products at Rosetta Hills in Tract 31792. Acting Community Development Director Weiner responded to Councilman Buckley's question regarding whether the drawings from the existing homes were included in the staff report, indicating staff did not include the existing homes, only the models being proposed. Councilman Buckley was interested in knowing whether there was an architectural quality difference between the existing homes and these homes. Director Weiner indicated there was a slight difference but staff felt that the four-sided architecture and the site plan allows for this type of unit and does not differentiate between neighborhoods. Jarnee Valdez of Lennar Homes added that Lennar Homes went to a great extent in hearing the homeowners concerns to make the elevations more like Primrose and Magnolia elevations and brought the same architectural elements into this current design. They brought the revised architectural elements back to the homeowners who were happy with the changes. She advised the square footage of the homes ranged from 2,269 square feet to 2,590 square feet. REDEVELOPMENT AGENCY PUBLIC COMMENTS - NON-AGENDIZED ITEMS 5 Ii n D PUBLIC COMMENTS - AGENDIZED ITEMS CONSENT CALENDAR ITEM IS) (2) Approval of Redevelopment Aaencv Minutes Recommendation: Approve the following minutes(s): (a) Regular Meeting - October 14, 2008. (3) Warrant List dated October 15. 2008 Recommendation: Authorize payment of Warrant List dated October 15, 2008. (4) Investment Report - September 2008 Recommendation: Receive and file. PUBLIC HEARINGIS) No public hearings scheduled. BUSINESS ITEMIS) No business items scheduled. PUBLIC COMMENTS - NON-AGENDIZED ITEMS EXECUTIVE DIRECTOR COMMENTS No comments. LEGAL COUNSEL COMMENTS No comments. BOARDMEMBER COMMENTS No comments. CLOSED SESSION Prior to adjourning the joint meeting, City Attorney Leibold announced The Agency and City Council will adjourn to closed session commencing at 5:00 p.m. to discuss the following items as listed on their respective agendas: 6 n o The Redevelopment Agency has three items for discussion which are all real property negotiations and they are listed as Items 1(a), 1(b) and 1(c) on the Agency agenda as follows: 1 (a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code 954956.8) Properties: APNs 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 NEGOTIATORS (Gov't code 954956.8) Properties: APNs 374-072-018,374-020-030,374-072-022 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Riverside County Flood Control District Under Negotiation: Price and terms of payment 1 (c) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code 954956.8) Properties: APNs 375-350-012, -035, -036, 057 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Symantha Pham and Glenda Patton Under Negotiation: Price and terms of payment Agency Counsel Leibold noted The City Council has two items for discussion which are Listed as items 1(a) and 1(b) on the City Council agenda as follows: (1a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 9 54956.8) Property: APN 379-403-018 City Negotiator: City Manager Brady Negotiating Parties: City of Lake Elsinore and Jess and 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 n',1 u Mayor Hickman announced there was one speaker: 7 Ii I ! n o Randy Hiner of Lake Elsinore Motorcross Park who addressed Council regarding the cost for police services for the Lake Elsinore Grand Prix. He mentioned that last year they organized the Grand Prix in very short notice and paid $30,000 for police services and $4,000 for security and there were no incidents. In June they put on the Lake Elsinore Rodeo that had projections of far more people coming to that event than the Grand Prix and also included two beer gardens, a concert and a rodeo which is more of a party event and police services cost $11,000.00. He was caught off guard when the bill for this year's Grand Prix came in at $28,000.00 which was ultimately reduced to $16,000.00. He indicated that in addition to the police the organization committee is hiring ten security guards in the evening and eight during the day at a cost of almost $5,400.00 for a total security cost of almost $22,000.00. He understood the Police Department was bringing out a two man command center plus an additional six officers beginning on Friday evening. He felt that the command center was not necessary and that the police services were not needed until Saturday. He was hoping that the police service costs could be cut by not using the command unit and reducing the number of officers to six which would reduce the costs to approximately $8,000.00. After a lengthy discussion between Mr. Hiner and the City Council about the economy, the lack of sponsorships and the low registration this year, they would not be able to cover the costs of the event unless the expenses were reduced. Council was informed that on Friday evening nothing goes on because the registrants are setting up their campsites. City Manager Brady advised Parks and Recreation Director Ray Gonzales has been working with Mr. Hiner and the Police Department. He advised the Police Department has indicated that eight is the number they need to respond to this type of event. He advised that if it was found that-that many weren't necessary, there would be a reduction but that decision would be made in the field once it was determined the level of the crowd, the number of people camping, and the number of participants and spectators. Mr. Hiner made several suggestions on how the costs for services could be cut. Councilman Magee expressed his concern with this matter being brought to Council's attention 12 days before the event when the application was submitted in March. He did not feel the City Council should second guess the new Police Chief as to what amount of public safety he feels is necessary to insure a safe and healthy event. Councilman Magee mentioned that he attended the event both days last year and two police officers would have been enough, however, he did not know whether there was no need for more enforcement or whether the amount of enforcement deterred any potential problems. One of the biggest complaints I got last year was spectators had to pay money which is not something the spectators had to do in the past. Mayor Pro Tem Kelley pointed out that this item was not on the agenda, so the City Council could not take any action and suggested the Police Chief look at the issue again to see if anything can be done. 8 n n n Councilman Schiffner agreed indicating that he was not inclined to countermand what City Management and the Police Chief have decided. He suggested Mr. Hiner try to work something out with the City Management and the Police Chief directly. The City Attorney reminded Council that because this item was not agendized, Council cannot take an action, provide a consensus or give direction. It is a matter that has to be referred to staff. Parks and Recreation Director Gonzales advised Council that he has been working with Mr. Hiner since May and they have met several times to come to a consensus. It was only a few weeks ago that they were able to identify what the public safety costs were going to be. He advised that after looking at the conditions of approval, the Police Department was able to reduce the fee by $10,000.00. At this point they were at an impasse but he would be willing to continue to work with Mr. Hiner and the Police Department to see if the problem could be worked out. After further discussion, the Council, asked Director Gonzales to meet with the Police Chief to see what could be done. There being no further business to come before the City Council and Redevelopment Agency, the meeting was recessed to closed session at 4:49 p.m., .~. AR ICKMAN, MAYOR CITY OF LAKE ELSINORE CLERK 9