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HomeMy WebLinkAbout09-23-2008 City Council Minutes(~I MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 23, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p:m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: One potential case (1 b) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section 54957.6) City designated representative: City Manager Brady Employee Organization: United Public Employees of California, LIUNA Local 777 City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.MI City Council reconvened the meeting at 7:04 p.m. 1 Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, City Treasurer Weber, Captain Fetherolf, Captain Cleary, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Finance Manager Riley, Fire Chief Hendershot, Director of Community Development Preisendanz, Planning Manager Weiner and City Clerk Munson. PLEDGE OF ALLEGIANCE Joyce Smith led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss one potential case of anticipated litigation, pursuant to Government Code Section 54956.9, and indicated there was no reportable action. In addition, the City Council met in Closed Session to discuss conference with the City r Labor negotiator, pursuant to Government Code Section 54957.6. Counsel indicated in connection with certain budgetary constraints and anticipated layoffs, the City Council did authorize a severance package of four weeks severance to all affected employees and to those employees affected employees who currently receive health benefits, those benefits will continue and will receive medical, dental and vision through the end of the year, December 31, 2008. Counsel also noted in addition, the City Council authorized the City Manager to enter into a furlough program with the City employees. PRESENTATIONICEREMONIALS (2) Mayor Hickman presented a proclamation to Cathy Mayhall in recognition of Mayhall Printing. (3) Mayor Hickman presented a proclamation to Maryann Olson in recognition of RELAY FOR LIFE. Ms. Olson also announced RELAY FOR LIFE will be held October 11~h and 12~h at Canyon Lake Middle School, a 24-hour event that starts at 9:00 a.m. (4) Mayor Hickman presented a proclamation to Thomas Vose, Branch Manager of Elsinore Library and Leiloni Purcell, President of Friends of the Library in recognition of Lake Elsinore Library's 100`h Anniversary. 2 (5) Mayor Hickman presented a proclamation to Leticia Plummer and Beth Torez of I the Assistance League of Temecula Valley in recognition of Operation School Bell. (6) Mayor Hickman presented a Certificates of Appreciation to Jeanie Corral for the 5-K Run, and Janna Kaas and Kathe Aniol for the parade related to their contributions to Unity in the Community. (7) Tony LoPiccolo, representative of the Lake Elsinore Valley Chamber of Commerce provided the City Council with an update of Chamber activities. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Jeanie Corral, Unity Parade Committee representative, provided the City Council with a flyer on the 12`h Annual "Put the Unity in Community Parade", Saturday, November 22 at 10:00 a.m. Joyce Hphendal, Lake Elsinore Citizens Committee announced the Lake Elsinore Valley Chamber of Commerce will be holding a candidates forum Monday, September 29`" at the Lake Elsinore Storm Clubhouse at 6:00 p.m. Ruth Atkins, announced the Downtown Merchants Association and the Lake Elsinore Historical Society is inviting all of the friends of Mayhall Print Shop to a reception Friday, September 26th from 5-7:00 p.m. at Flour Fusion on Main Street. COUNCIL APPROVES CONSENT CALENDAR ITEM NOS. 8 THROUGH 16 The following items were listed on the Consent Calendar for Council approval (8) Minutes of the Following Meetings a) Joint City Council/Redevelopment Agency Study Session -May 22, 2008. b) Joint City Council/Redevelopment Agency Study Session -September 9, 2008. c) Regular Meeting -September 9, 2008. Recommendation: Approve as submitted. (9) Warrant List Dated September 15, 2008 Recommendation: Authorize payment of Warrant List dated September 15, 2008. (10) Investment Report -August 2008 Recommendation: Receive and file. 3 (11) Purchase of Leica TCRP1205+ Robotic Tracking Total Station for Collision Scene Documentation I Recommendations: a) Approve the purchase of the Leica RCRP1205+ Robotic Total Station and related equipment. b) Approve the expenditures in the amount of $29,818.52 to Servco Surveyors Service Company from the Lake Elsinore Traffic Offender Fund. (12) General Plan Update Recommendation: Receive and file. (13) I-15/Railroad Canyon Road and I-15/SR-74 Interchange Update Recommendation: Receive and file report. (14) Construction Contract Award for Grand Avenue Recommendations: a) Aware the Grand Avenue Pavement Rehabilitation to D & L Wheeler Enterprises in the amount of $257,451. b) Authorize the Mayor to execute the contract with D & L Wheeler Enterprises. (15) Request for Waiver of Fees for Use of the Cultural Center for a Candidates' Forum Recommendation: Approve request for fee waiver for the use of Cultural Center for a Candidates' forum. Councilman Buckley noted the NAACP contacted him at based on a conversation, the use of the facility will be from 11:00 a.m. to 4:00 p.m. (16) Agreement with Home Depot U.S.A. for Reimbursement of the Cost of Engineering and CalTrans Permitting Services Relating to the Interim Interchange Improvements at SR-7411-15 -Change Order No. 1 Recommendations: a) Approve the project Change Order No. 1 with Home Depot U.S.A. in the amount of $227,902.60. b) Authorize the City Manager to execute the contract change order with Home Depot U.S.A. It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to approve Consent Calendar Item Nos. 8 through 16. 4 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: MAYOR HICKMAN (Items 8b & 8c) PUBLIC HEARING(S) There were no public hearings. APPEAL(S) (17) Community Development Director Preisendanz presented the staff report. He indicated the Planning Commission voted 3-2 to deny the appeal and uphold his action and felt this project did not meet the design guidelines. Axel Zanelli, Chairman of the Planning Commission, requested the City Council to uphold the Planning Commissions' decision in supporting the Community Development Director's decision to deny the appeal. He noted the homes that are being built today, will be in the City for the next generations and to take a step back in time is not in the best interest of the City. He indicated the focus should be on getting the foreclosed homes filled and restore our neighborhoods to the quality they were before this time. He indicated with 1,000 empty homes and for the City to lower its standards to build another 98 homes in the next two years, would not be in the best interest of the City. Ron Geier, representative of K. Hovnanian Homes, 32541 Juniperberry, Temecula, indicated there is a consistent misunderstanding as to what they are requesting. He indicated they are to continue building the same product that is currently selling within the La Laguna Specific Plan. He noted there is no request 5 from them to take a reduction in square footage or any reduction in architectural elements on those homes. He indicated what they are specifically asking is that they are allowed to continually pull permits, and to continue to build the homes that are successfully selling through this turbulent market. He also noted they are asking to continue to build through the 98 lots, to build a four model complex further up the elevation of the mountain with two of those homes sites to be left vacant and to be left as hold outs. Yossi Aoudel, Legal Counsel for K. Hovnanian Homes, 800 N. Haven Ave., Suite 320, Ontario, spoke in opposition of the denial. He noted should the project be approved, they request two things of the Council 1) they request that the City Council provide specific instructions as to how the project will continue, and 2) that the City Council have special meetings to adopt resolutions to approve the project because they are incurring substantial cost and expense everyday that the project is idle, somewhere between $13,000 - $15,000 per day. Councilman Schiffner made a motion for Council to approve construction of 50 of these homes with the same architecture and felt, because of the economy, it was not the time to ask developers for improvements to raise the bar, and when those homes are done, they Council will take another look at the project. There being no second, motion died. Mayor Pro Tem Kelley inquired how many homes would be built a month. Ron Geier, responded three homes a month. Mayor Pro Tem Kelley indicated she wanted to do what she believes is right and in the best interest of the residents and noted Council is setting a precedence with this project which is a first of several builders who want to downsize their projects, build smaller homes, go back to 2004 prices, and compete with foreclosures. She noted the economy is temporary and these homes are permanent and stated she-will support the Planning Commission's decision. Councilman Magee indicated economic viability is a business decision and the City's is not here to bail anyone out. He noted this project is clearly a higher level of quality construction and enhancements that was available to our residents in 1990 and indicated Phase VI will have to be truly special and raise the bar and be different from what is being presented now. City Attorney Leibold indicated the design review application corresponds to the tract map, and if there is an approval of a lesser number of units cause complications and for Council to consider how this works when subdividing the application. Ron Geier, responded he was not certain if this was economically viable and 6 expressed concern with the turnaround time and the processing of the conditions and spread the cost of the models park over 50 homes as opposed to over 98 homes. City Attorney Leibold indicated if the majority of the Council wants to approve the appeal and uphold the design review application, and overturn the Planning Commission's decision, if sufficient direction is provided with respect to these findings and delegate to staff the job of fashioning the conditions, then the resolution can be prepared and be effective tonight. She noted-staff indicated that changing the number of homes would be too tall of a task and not certain if this could be accomplished tonight. Community Development Director Preisendanz indicated it would be easier to approve the balance of the tract then to phase it and would take more review to ensure it is phased properly. Mayor Hickman indicated K. Hovnanian borrowed $35,000,000 and have wasted $1,000,000 in interested trying to get this project though for 98 homes. He indicated the City needs their business because of the budget, nine employees being laid off because of the lack of permits, and the decrease in sales tax and property tax. He also indicated if they can build the same thing and it is not lower in bar they have his blessing. City Attorney Leibold indicated with respect to the motion on the floor, in order to approve the design review, there needs to be certain findings incorporated, those findings needs to include the goals and objectives of the General Plan and La Laguna Estates Specific Plan, complies with the findings and applicable provisions of the Design Review provisions of the Municipal Code, which include appropriate scale and spatial relationship of structures, the design concept complements neighboring properties, the exterior materials are of quality appropriate screening and fencing, there is appropriate privacy with respect to lots and placement of units on the lot. She indicated the motion should include, not only those findings that were stated, but include the conditions of approval to include with the recommendation that but a delegation of authority to the Community Development Director to fashion appropriate conditions. It was moved by Councilman Schiffner, and seconded by Mayor Hickman to approve the appeal and uphold the design review application for the 98 homes, and overturn the Planning Commission's decision to include the stated conditions and the instructions to staff. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 7 NOES: MAYOR PRO TEM KELLEY j COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSED THE MEETING AT 8:18 P.M. /- COUNCIL RECONVENED THE MEETING AT 8:23 P.M. BUSINESS ITEM(S) (18) City Manager Brady presented the staff report. He indicated the items before the City Council are proposed adjustments to the City's fiscal 2008/09 budget which a number of the items were discussed during a study session on September 18`". Administrative Services Director Pressey indicated the City is faced with certain iii budgets adjustments that will need to be made. He noted sales tax, property tax and general revenues are down $1.1 million, and development related revenue ~ and fees are down $1.5 million. He reviewed some of the issues discussed at the budget study session on the 18~" of September and the suggested budget adjustments to include Council directions. He indicated there is a $2.158 million short-fall in revenue, which is being supplemented with the rainy day fund, an additional $103,900 for a total of $572,500. He also noted the Police Department non-personnel department cuts totaled $1.3 million, and the staff work force agreed to one furlough day of $181,000, and management $76,000 and a variety of other personnel adjustments being made. Administrative Services Director Pressey commended City staff for willing to give back with a furlough which speaks volumes to their commitment and acknowledged the City Manager for his leadership, compassion, strength of character in taking care of the City through these troubled times. Daniet Uhlry, resident, commended the City Council and inquired if the State was going to take any further monies from the City. Councilman Buckley responded the State will be taking $1,442,073 from the Redevelopment Agency. (° Mayor Pro Tem Kelley commended staff for putting their heads together and coming up their ideas to reduce budget expenses. 8 Councilman Buckley indicated the $5.5 that will be coming from the RDA through year three could also include not just cash, but could include payments to the City via capital expenditures that the RDA is able to make. Councilman Magee recognized management and staff for their work during these difficult times. He inquired about the status of the lake fund suspension. City Manager Brady responded he and the General Manager of the EVMWD have had some conversations and are looking at $325,000 or hopefully the entire $650,000 any of which has to be approved by the Board Members. Councilman Magee noted the reductions do not take any Police Officers off the street and no reductions in code enforcement services. He also recommended the City accept the 6% pay reduction offered by the contract employees provided that a caveat that their non-billable time not exceed 15%. He also noted their contributions to the City have been significant. He also recognized staff for accepting the furlough days and agreeing to a 6% cut in pay and chose to do that to be part of the team and to be commended for their sacrifice. Councilman Buckley noted the monies for the E-Gov Initiative have been taken out but indicated that was ok because it was not ready. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to approve the revenue and expenditure budget adjustments as presented in the report. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY MANAGER COMMENTS City Manager Brady commented/announced the following: (1) Thursday, September 25, Lake Elsinore Valley Chamber of Commerce will be holding their Business Mixer at Samaria Salon, 265 San Jacinto River Road, 9 from 5:30 -7:30 p.m. (2) Thursday, September 25, EDC Quarterly Luncheon at The Storm Diamond Club, ' from 11:30 -1:00 p.m. (3) Saturday, September 27, TIP Heroes with a Heart at Pechanga Resort & Casino at 6:00 p.m. (4) Saturday, September 27, NAACP will be hold a candidate's forum at the Cultural Center from noon to 3:00 p.m. (5) Monday, September 29, Chamber of Commerce will be hold a candidate's forum at the Diamond Club from 6-10 p.m. (6) October 2 through 5, Toxic Terrors at the Haunted Stadium, 7:00 p.m to midnight at the Diamond Stadium. (7) Saturday, October 4, Oktoberfest at McVicker Park from 10:00 a.m. to 8:00 p.m. (8) Saturday, October 4, Household Hazardous Waste Collection, from 9 a.m. to 2:00 p.m. at 521 N. Langstaff (adjacent to the City Yard) CITY ATTORNEY COMMENTS. No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Buckley commented on the following: Thanked all those who Councilmember Magee commented on the following: No comments. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: Mayor Hickman adjourned the meeting at 8: 50 p.m. 10 ATTE T: ~~ ;CAROL COWLEY, INTRIM;CI CLERK CITY OF LAKE ELSINORE ~~ 11 DA L KMAN, A R CITY OF LAKE ELSINORE