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HomeMy WebLinkAbout02-10-2004 Joint City Council/RDA MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 10,2004 ************************************************************* CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis, Lake & Aquatic Resources Director Kilroy, Public Works Manager Payne, Parks & Open Space Manager Fazzio and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there were three items for closed session. 1. Anticipated litigation (2 cases). 2. Public employee performance evaluation (City Manager). Consent Calendar 1. Minutes - Councilman Magee commented on Item 1 a page 8 that PAGE TWO-STUDY SESSION-FEBRUARY 10,2004 - he was listed as the Liaison to the Downtown Merchants Association. Councilman Hickman indicated that City Treasurer Weber was the Liaison. Councilman Magee requested making that change in the record. He also commented on Item Ib page 3, fourth paragraph, John Tavaglione's name was spelled incorrectly and the last paragraph of that same page last sentence it was a TAKE permit not TANK permit. 2. Warrant List - Councilman Hickman requested clarification for various checks issued from Item No.2, the Warrant List. Staff clarified the checks in question. Councilman Magee requested clarification for various checks issued from Item No.2, the Warrant List. Staff clarified the checks in question. Mayor Buckley inquired why the City was paying for the gas leak on Main and Sulpher, and if it was because of the right-of-way. - City Manager Watenpaugh confirmed that was correct. Mayor Buckley asked if the tanks were approved to build in the right-of- way. City Manager Watenpaugh explained the tanks that were removed had been in place years ago, and when the City did a renovation 10 years ago to the downtown area, the tanks were found; thus the City got to remove and abate the tanks. Mayor Buckley inquired if there was any potential that the original owner would remove the tanks. City Manager Watenpaugh explained the property had changed hands multiple times. He commented that the City was liable for the removal of the tanks. 3. Approval of Final Map 30492 - Pardee Homes, Inc. - PAGE THREE-STUDY SESSION-FEBRUARY 10,2004 Councilman Magee commented he would be abstaining from Items 3, 4, and 5 since the projects were all approved before he was seated on the Council. 4. Approval of Final Map 30492-4-Pardee Homes, Inc. No comments. 5. Approval of Final 30754 - Pardee Homes, Inc. No comments. PUBLIC HEARING 21. Tentative Tract Map 31917 - K. Hovnanian Forecast Homes- Mayor Buckley inquired about Condition #16 (allow work on Saturday). He commented he had concerns about that Condition; and he noted that there were homes nearby although he had not received a lot of complaints recently, the past actions of the builder concerning their hours of operations and keeping the dust down was in his opinion awarding inappropriate behavior. Councilman Magee recalled in July of2003, while attending a Council Meeting, listening to residents in the site area explaining the reasons why they were displeased with the way the grading operation had occurred and the hours of operation with respect to this particular builder. He indicated based on their past performance the complaints that were received from that particular housing group and page 4 of a City Manager's memo dated 2/6/04 "Forecast Homes had not been willing to work with Staff and will receive daily citations, beginning Monday, February 9th until compliant with their conditions of approval". He commented he was not interested in rewarding a developer whose bad behavior continued seven months hence. Mayor Pro Tern Kelley inquired if they were currently in compliance with CR&R. PAGE FOUR-STUDY SESSION-FEBRUARY 10, 2004 - City Manager Watenpaugh confirmed they were currently in compliance with CR&R. He indicated another issue that might come up was regarding a signal light. Councilman Magee asked City Manager Watenpaugh to explain. City Attorney Leibold joined the Study Session. City Manager Watenpaugh explained that Staff was working with the builder to require that they put up a cash bond or letter of credit; he explained that the condition in their existing plan allowed them nine more houses they could pull, but they reached the nine houses they could not pull anymore permits until the signal was in place. He noted unless the builder complied with a letter of credit or cash bond they would not be able to pull more than nine permits. Councilman Schiffner inquired if the builder had given an explanation of why they had not moved forward with the signal. - City Manager Watenpaugh indicated the builder had ordered the controller prior to getting the signalization approved, but the controller received was not to the specifications the City uses, so they had to reorder. Councilman Hickman indicated that Horton in the Tuscany area was working seven days a week, and their sign stated until dusk they were allowed to work. He noted daylight savings would be upon us soon and they should be working 7 :00 a.m. to 5 :00 p.m. like everyone else and they were working that past Sunday. Mayor Buckley commented that in a number of other cities that failure to comply with hours of operations and dust remediation, not only meant the work had to end that day, but they also did not get to work the entire next day. He also commented as a City we should have far more strict penalties for failing to comply with work hours. He deferred to City Attorney Leibold inquiring how strict the City could become. - PAGE FIVE-STUDY SESSION-FEBRUARY 10,2004 City Attorney Leibold noted the City could establish hours of operation or construction activity as deemed appropriate. She indicated the noise ordinance specified that construction or grading activity had a specified time frame. Mayor Buckley inquired if to put in a penalty, the Council would need to change the L.E.M.C. City Manager Watenpaugh inquired if rather than penalizing all of the developers, was it possible to add something similar to Mayor Buckley's suggestion into the cost recovery program, so if the City charged it, then it became an issue of enforcement. City Attorney Leibold indicated it was possible for Council to impose a more restrictive condition than what was specified in the LEMC with discussion and a finding as to why a more restrictive condition was imposed. Mayor Buckley inquired if past bad behavior would qualify. City Attorney Leibold commented certainly with respect to a cost recovery concept suggested by the City Manager, because the City had historically incurred cost in the enforcement of that condition. She was not sure that past bad behavior justified a more restrictive time of operation, but felt Council could specified exactly what the consequences of violating the condition were. Councilman Schiffner indicated there must have been a reason why the time was extended to include Saturday and had to have been discussed at the Planning Commission and there must have been some comments. Community Development Director Brady indicated the applicant had requested additional time and the intent was the location of the tract was removed from the existing homes and the noise would not be as great. PAGE SIX-STUDY SESSION-FEBRUARY 10,2004 - Councilman Schiffner commented that the tract was further back and was not as close as the first tract. He indicated it should be conditioned upon there being no complaints; and in the event complaints were received the Council would eliminate Saturdays. Councilman Magee inquired about the lot sizes in the tract. Community Development Director Brady indicated the lots ranged in size from 6,000 sq. ft. to 27,000 sq. ft. and the average size was 10,114 sq.ft. Councilman Magee indicated on Condition #57 staff had discussed slopes greater than 2: 1 and inquired if there were a significant amount of slopes greater than 2: 1 in the tract. Community Development Director Brady indicated the City standard was 2:1. Councilman Magee indicated Condition #79 the last sentence read - "Signal shall be funded by CFD monies and in accordance with the development agreement associated with the La Laguna Estates Specific Plan." He inquired if there was money in that fund right now or was it something that would be created in this particular phase. - Community Development Director Brady indicated he was not sure of the amount of the balance of that CFD at that time. He would need to research that information. Councilman Hickman asked if Staff was requesting drip irrigation for the landscaping and possibly fertilization units. Community Services Director Brady indicated the landscape plan had not been submitted, but the HOA would maintain all the common open space areas. Slope areas that were in a lot would be the responsibility of the property owner. - PAGE SEVEN-STUDY SESSION-FEBRUARY 10,2004 Councilman Hickman indicated they had won an award at the State level in Tuscany Hills for their drip irrigation program. He suggested in the future Staff should consider drip irrigation instead of sprinklers, as it would conserve water and save money. Councilman Schiffner suggested adding into the Conditions of Approval - In the event of excessive number of complaints, Saturday work would be eliminated. 22. Tentative Parcel Map No. 29996, Mitigated Negative Declaration No. 2003- 04 and Design Review of Industrial Project No. I 2003-05-Southwest of Collier Avenue on Hunco Way within the Collier Avenue Business Park. City Manager Watenpaugh gave an overview of the item. Councilman Magee noted on the bottom of page 1 there was discussion of when building permits could be pulled and on the next page the sentence began- "Buildings G and H as shown on the plans", it was possible Staff dropped a sentence. Community Development Director Brady clarified in the staff report the condition was modified to allow the buildings to be constructed and the certificate of occupancy would not be granted until the storm drain was in place, so the last sentence on page 1 should read "Complete construction of the storm drain prior to issuance of any certificates of occupancy". The Buildings G and H should not have been included. Councilman Magee inquired if there was a design of the storm drain available. Community Development Director Brady explained the drainage would go from Collier, take the drainage off the Home Depot site, take it through Hunco Way across Pasadena and into the Outflow Channel, which was under design. PAGE EIGHT-STUDY SESSION-FEBRUARY 10,2004 - Councilman Magee noted in the plans that were submitted to him, the upper right hand comer of the Tentative Parcel Map Engineer Dennis C. F onsworth' s license expired in the year 2000 and hoped he had an updated stamp and license before he submitted the plan. Business Items City Manager Watenpaugh commented that there was a request by the Water District to pull Item No. 33, the LEAPS Project. He noted Mayor Buckley had requested a written project in the packet that was given to Council, but the Water District would like to make a presentation. Councilman Schiffner explained they would need to agendize the matter because they would have more than two Director's at the Council Meeting. Mayor Pro Tern Kelley indicated that she would like to see a presentation on the issue. - Councilman Magee echoed Mayor Pro Tern Kelley and commented that he was not comfortable with seeing the item on the agenda without receiving an update as a Councilmember. Mayor Buckley commented that the sudden arrival on the agenda was extremely inappropriate and he found it interesting that they decided to pull the item. He indicated at the last meeting Council was looking for a timeline and some sort of informational direction whether the City had to get involved or if the City could get involved, and what were the consequences if the City did get involved, which were basic questions. He noted if the City was a permitting agency it would absolutely inappropriate for the Council to consider a resolution of support as that could be conceived as predecisional in the permitting concept. Councilman Schiffner explained that the Water Department requested LESJW A to give the approval supporting the LEAPS Project, and he gave the approval of the City on the condition the City Council would approve it, so LESJW A could not approve the support until the Lake Elsinore City - PAGE NINE-STUDY SESSION-FEBRUARY 10,2004 Council had given their support, so he requested it be put on the Agenda and the Water District requested the opportunity to give a presentation. 31. July 4th Fireworks. Mayor Buckley commented it was a great idea to have the fireworks over the Lake. City Manager Watenpaugh deferred to Community Services Director Sapp. Community Services Director Sapp explained there were only two pyrotechnic companies available, the third company (San Diego Fireworks) was booked for that day. He explained that Fireworks America was located in Lakeside and provided a bid at $15,000 and $20,000. Pyro Spectaculars was located in Rialto and provided a bid at $17,000, $20,000 and $25,000. He noted for comparison purposes he used the $20,000 bid. He indicated Pyro Spectaculars could do a simulcast over the radio "Sky Concert" with music and last 20 minutes. Fireworks America could also provided the same simulcast over the radio, but since they were located in Lakeside the radio stations they work with were San Diego based and might not have the range to reach Lake Elsinore. Pyro Spectacular networked through KOLA Radio 99.9, which reached Lake Elsinore. He went on to say that the price tag was broken down to the number of shells that each bid would provide. Pyro Spectacular provided 1,136 or approximately one shell per second. Fireworks America was 694 or one shell per 1.7 seconds, both shows were 20 minutes in length for $20,000. Mayor Pro Tern Kelley inquired about Staff coordinating a boat parade. Community Services Director Sapp indicated that it was discussed if there were an activity on the Lake with fireworks it would be a great opportunity to have a boat parade. The Staff cost for preparation and event operation was estimated at $9,417 and would be part of the 2004-2005 FY Budget. PAGE TEN-STUDY SESSION-FEBRUARY 10,2004 - Councilman Hickman inquired why the boats already on the lake need to come off the lake instead of being out there with their green and white lights on and let the boats for the parade go about the exterior of the lake. Lake & Aquatic Resources Director Kilroy explained that during the first year the Lake Department would like to see where the fall-out zone would be and there was concern of heavy drinking on the 4th of July and wild boaters, so it may be difficult to control the area. Councilman Hickman commented that he would go with the first year of having the boats come off the water, but the second year he would like to see the lake open for all boaters. Community Services Director Sapp commented that there was normally one or two arrests while boating under the influence. He noted it was illegal to drink on the beach and illegal to be drunk while driving a boat, but it was not against State law to drink in a boat on the Lake. - City Manager Watenpaugh expressed his concern with the unlimited speed zone on the Lake; and there would need to be enforcement out there all night or until patrol was able to get everyone off the Lake. Mayor Pro Tern Kelley inquired about possible parking issues. She commented that along Lakeshore Drive cars would stop to watch the fireworks. She asked if staff would try to have citizens go to other areas to park. Community Services Director Sapp indicated that Staff would encourage citizens to park at the Stadium and walk out in the levee and view the fireworks show. Staff was recommending that Council exempt Staff from Chapter 3.08.070 LEMC (the formal bidding process). Councilman Magee was concerned with the dollar amount for the event. He thought the idea with the Lake was great and encouraged Staff to work with Pete Dawson and L.E.M.S.A.R. He agreed with Mayor Buckley regarding - PAGE ELEVEN-STUDY SESSION-FEBRUARY 10,2004 free parking at the stadium and at the boat launch facilities if a flyer was to be prepared that not only discussed where the fireworks were, but gave the details of participating in the boat parade. 32. Consideration of State Proposition 57-Economic Recovery Bond Act; and Proposition 58 California Balanced Budget Act. Mayor Buckley suggested Resolutions of support. City Manager Watenpaugh indicated Staff had drafted letters of support, but could revise them into resolutions of support. Mayor Buckley indicated letters of support would be fine. City Manager Watenpaugh indicated that Assistant City Manager Best had attended a meeting with neighboring cities and chambers and they were in favor of 57 and 58, but it was a Council decision to support the propositions. 33. Resolution of Support for EVMWD's LEAPS Project. The item was pulled from the Agenda. 34. Annual Financial Reports for Fiscal Year ended June 30, 2003. City Manager Watenpaugh gave an overview of the item. 35. General Plan Update. Mayor Pro Tern Kelley indicated this was long overdue. City Manager Watenpaugh gave an overview of the item. He noted that it could be costly. Staffwas proposing to Council to do an RFP or RFQ to receive quotes and then break down into elements. The first would be the PAGE TWELVE-STUDY SESSION-FEBRUARY 10,2004 - land use and second would be traffic circulation; this would be a multi-year project, so it could be funded in multiple years. He deferred to Community Development Director Brady. Community Development Director Brady indicated that in the Staff reports the housing element would need to be updated and that was an issue Council might want to consider as part of this particular process, it was required by law to be updated on a regular basis. The addition of an economic element or lake element or tourist recreation element could also be part of the plan. He noted the Council might want to consider revising the zoning ordinance, which was the implementing tool of the General Plan. Councilman Schiffuer commented that a portion of the General Plan would need to be revised to be in conformance with the MSHCP. Community Development Director Brady indicated the key elements would be both the circulation and the land use. - Councilman Magee indicated the process could go astray rather quickly and become extremely time consuming. He commended Mr. Brady on the RFP document. He noted that under Item 5.0 with respect to the sphere of influence, it was important to stress whether in writing or during the interview process that we had some very unique and sensitive issues with respect to our sphere of influence. Item 7.0 was well worded. Item 5c under cost of services, he suggested adding "a periodic budget review of these tasks as they met threshholds", this would allow Council to monitor the dollars so that it did not spiral out of hand. He indicated page 9 of 13 Item C4, the last sentence - "A total not to exceed the cost of each of the tasks for the entire scope of work must be included." He asked how the City intended to handle change orders. He noted this could be answered later. He indicated the City of Riverside was on track to complete theirs in 18 months. Mayor Buckley wanted to ensure that the potential bidders for this project understood public participation through numerous townhall type meetings through an active engaged advisory committee and something similar to the SCAG compass or what SANDAG had done to drive the process. He - PAGE THIRTEEN-STUDY SESSION-FEBRUARY 10,2004 suggested "Public participation shall be an integral and key component from the outset of the process." REDEVELOPMENT AGENCY Chairman Hickman gave an overview of the RDA Agenda. Legal Counsel Leibold indicated there was one item for closed session. 1. Conference with Real Property Negotiator with respect to the Stadium and Impact Consulting. The price and terms were under discussion. Consent Calendar No comments. BUSINESS ITEMS 3. Establishment of Joint Study Session with RDA Committee. Chairman Hickman commented he would like to schedule it in March and suggested the RDA Committee set the agenda. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 5:15 P.M. B KLEY,MAYOR KE ELSINORE PAGE FOURTEEN-STUDY SESSION-FEBRUARY 10,2004 - RYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY Respectfully submitted, ~c;/ J< Frederick Ray, Deputy City Clerk ATTEST: n\ -n- II ;J "00 KAS~~t. ~ITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE - -