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HomeMy WebLinkAbout04-14-2009 SS I Page 1 of 11 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES April 141h, 2009 CITY COUNCIL CALL TO ORDER - 4:00 PM Mayor Magee called the regular meeting of the Lake Elsinore Joint City Council / Redevelopment Agency Agenda Review Study Session to order at 4:00 p.m. on Tuesday, March 24th, 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, and Information / Communications Manager Dennis. PRESENTATIONS / CEREMONIALS Blue Star Certificate of Appreciation to honor Corporal Chad Nakata, United States Marine Corps Blue Star Certificate of Appreciation to honor Command Sergeant Major Walter Claude-Murray, United States Army Proclamation to recognize Autism Awareness Month Proclamation to recognize National Crime Victims' Rights Week ` Presentation for Business of the Quarter - Lake Elsinore Outlets Presentation by Ron Hewison for H.O.P.E i Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 149, 2009 Page 2 of 11 Mayor Magee received notification regarding who would be present for each item. CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): (a) Joint City Council / Redevelopment Agency - March 24, 2009 (b) Regular Meeting of the City Council - March 24, 2009 Discussion was held regarding Page 28 of the minutes. (3) Warrant List Dated March 31. 2009 I Recommendation: Authorize payment of Warrant List dated March 31, 2009. Mayor Pro Tern Melendez questioned a $1,200. charge to which Director of Lake and Aquatics Kilroy responded. Councilmember Hickman questioned Warrant No. 99085 regarding the specific items to which Acting Administrative Services Director Riley stated he would research and provide an answer to Councilmember Hickman. A question was raised regarding Soccer Leagues and a current agreement. (4) Claim Against the Citv Recommendation: Reject the claim of Marian Heller and direct the City Clerk's Office to send a letter informing the claimant of the decision. Councilmember Hickman verified if the City was facing any liability regarding this item, in which City Attorney Leibold responded there was no liability on I the City's behalf. (5) Award of Professional Service Contract for the Design of Lakeshore Drive Overlay Recommendation: i I Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 149, 2009 Page 3 of 11 Award the consultant contract to Winzler & Kelly, Consulting Engineers for an amount not to exceed $72,300 for preparation of plans and specifications of Lakeshore Drive. The Council had several questions for staff: Councilmember Bhutta questioned why we are changing Contractors now? Councilmember Hickman asked if the needed repair of the sewer line could be coordinated with the construction of the overlay, and if this repair work would affect the proposed Bait & Tackle Shop on Lakeshore Drive? Mayor Magee asked about the timeline of the project including when the bid and award phase would take place, and if everything could be complete by the end of the year. Public Works Director / City Engineer Seumalo responded to Council's questions stating after working with the original Contractor during the pre-design phase, he was uncomfortable and therefore Staff had determined to change to another Contractor. Regarding the scheduling of the actual construction work overlay and the sewer repair work III (6) Sidewalk Design. Various Locations - Consultant Contract Award Recommendations: (1) Award the City's Sidewalk Project Design to consulting firm of KDM Meridian for the amount of $29,950. (2) Authorize the Mayor to execute the contract with KDM Meridian. (3) Authorize the transfer of $100,000 from funding No. 112 - Measure A and transfer it to Sidewalk Project. Mayor Magee asked Director Seumalo if it were possible to utilize last year's funds and requested an update of fund status to which Director Seumalo responded. (7) Restated and Amended Joint Exercise of Powers Agreement Creating Riverside County Habitat Conservation Agency and Incorporating the 11 Amendment to Said Agreement: and the 1S Amendment to the Implementation Agreement - NO COMMENTS / QUESTIONS Recommendation: Approve the 11 Amendment to the Joint Powers Agreement and the 15t Amendment to the Implementation Agreement. (8) Edward Byrne Memorial Justice Assistance Grant (JAG) I^ Recommendation: Approve the application for these JAG Grant Program Funds offered by the Bureau of Justice Assistance as part of the "Recovery Act" of 2009. Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 149, 2009 Page 4 of 11 The Council had several questions for staff: Councilmember Bhutta asked if the Grant Funds received could be used to thwart graffiti. Mayor Magee questioned the uses the Grant (such as deterring illegal off-roading) and the number of officers and patrol hours $17,000. could fund. Response was given by Lake Elsinore Police Chief Joe Cleary and Information / Communications Manager Dennis. Manager Dennis replied stating this Grant could not be used towards implementing the graffiti program. In addition, he stated discussion has been ongoing with the Orange County Sherrif's Department regarding the system the City is currently looking at. Police Chief Cleary stated the Police Department already has vehicles to fight off-road trespassing. He further stated the number of man hours the Grant could fund needs to be calculated. PUBLIC HEARING(S) (9) Public Hearing for Tentative Tract Map No. 30495 Recommendations: The City Council: (a) Adopt a Resolution adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). (b) Adopt a Resolution approving Tentative Tract Map No. 30495. Director Seumalo gave an update of this item. (10) Zoning Ordinance Text Amendment No. 2009-01: A Modification to Multiple Sections of the Lake Elsinore Municipal Code (LEMC) in Order to Define Religious Assembly, Institutions and Structures, and to Broaden Certain Land Use Descriptions in an Effort to Further Comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA) Recommendations: The City Council: (a) First reading of an Ordinance approving Text Amendment No. 2009-01 in order to amend Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the LEMC waive further reading; and (b) Adopt a Resolution approving Negative Declaration No. 2009-01. Mayor Pro Tem Melendez questioned City Attorney Leibold regarding Page 6 why information is lined out and if there was a maximum of years. I Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 14 , 2009 Page 5 of 11 Attorney Leibold responded stating on Page 6, the information lined out was redundant and was not necessary to state. In response to a time limit, she stated a Conditional Use Permit (CUP) is not granted by terms in years, but clarifies uses. (11) Public Hearing for Consideration of Objections to the City's Weed Abatement Program Recommendation: Open the public hearing and give due consideration to any objections presented by the public on the date. Mayor Magee questioned Director Seumalo if he had received any written objections, to which Director Seumalo replied no. i (12) A Continued Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I. II, and III. Recommendation: The City Council defer consideration of this item until such time that the Agency Board opens its regularly scheduled April 14, 2009 meeting and at that time conduct a Joint Public Hearing with the Agency Board in accordance with the recommendations set forth in the Agency Board's Agenda. Mayor Magee stated this item would be deferred to the Redevelopment portion of the meeting. (13) Mitigated Negative Declaration No. 2008-10. General Plan Amendment No. 2008-01. Zone Change No.2008-02, and Commercial Design Review j No. 2008-09 for a project identified as "Lake Street Market Place" Recommendations: (1) Adopt a resolution adopting findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (2) Adopt a Resolution adopting Mitigated Negative Declaration No. 2008-10. (3) Adopt a Resolution approving General Plan Amendment No. 2008-01. (4) First reading of an Ordinance approving Zone Change No. 2008-02, and waive further reading. (5) Adopt a Resolution approving Commercial Design Review No. 2008-09. Mayor Magee acknowledged that this item is emotional to many of those present in the audience and requested everyone to be professional. Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 149, 2009 Page 6 of 11 George McDonough gave handouts to the Council. He stated he had received a letter in the mail by an Attorney (which was included in the handout). The letter reads as if those who are against the proposed Lake Street Market Place hired the Attorney. Mr. McDonough stated they have not, nor have they initiated any contact with the Attorney; they have not responded to the letter Mr. McDonough received. Mayor Magee confirmed with Mr. McDonough the Attorney does not represent the opponents. Araceli Jimenez turned in a petition of approximately 300 residents who are in opposition of the Lake Street Market Place. In addition, to the petition, a map reflecting where the people live by street location was received. Ms. Jimenez stated in the past she has expressed many reasons for her objections to this project, especially one personal reason, her husband has Valley Fever. She stated in Riverside County there have been 9 confirmed deaths due to this disease. Mayor Magee asked Ms. Jimenez if this Attorney represented her. Ms. Jimenez responded she heard about this letter on Easter, but that she did not contact the Attorney. Mayor Magee expressed his concern that the opposition for this project has now exceeded the City limits, yet this Attorney does not have an interest. David Garrison, a representative for Marinita Development Company spoke in favor of the project. He stated the petition the opponents turned in should be taken with a "grain of salt." Mr. Garrison also turned in surveys, which was conducted by the Alberhill Homeowners Association, and found most of the residents are in favor of the project. Mr. Garrison stated he met with the 3 closest homeowners to the proposed project who stated they would not approve a temporary, construction easement. Regarding the petition the opponents turned into Council, he noted they went to a large grocery to obtain signatures, and distributed negative flyers regarding the project. Mr. Garrison expressed his concern for Ms. Jimenez's husband noting the disease is carried by particulates and noted the severity of his illness. Mr. Garrison referenced the Negative Declaration for the project, noting it does not identify any problems and was approved by the City. Mr. Garrison requested a copy of the letter from the Attorney Mr. McDonough turned into Council. There being no other Public Speakers regarding this item, discussion was brought to the dais. Councilmember Buckley questioned the possible traffic impacts, and questioned the entrances and exits to the proposed project. His concern is Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 14 , 2009 Page 7 of 11 potential traffic impacts, and what percentage of traffic would come from which street and from the freeway. He discussed with Director Seumalo the right and left turns from both Lake Street and Mountain requesting clarification. Councilmember Buckley questioned Attorney Leibold stating perhaps the Attorney who wrote the letter is looking to find a client, to which Attorney Leibold agreed. Councilmember Bhutta questioned if and of the TUMF fees could help to finance additional entrances or exits or widening of the street if needed. Director Seumalo responded TUMF funds could not be used. Councilmember Hickman stated if homes continue to sell then Lake Street would be widened. Mayor Magee stated he was concerned with the entrance and exit locations in relationship to the existing curbs. He requested traffic impact numbers. Acting Community Development Director Weiner also responded regarding the entrance and exit locations stating they were 40 feet apart, which is larger than what they have currently been approving, 25 or 30 feet. Mr. Garrison addressed the Council stating now that he has read the letter, he will be asking for a continuance on this item. Mayor Magee stated he has not yet read it, and Mr. McDonough again confirmed his group did not solicit or respond to the Attorney. i APPEAL(S) (14) Continuance of the City Council's Action to Continue the Appeal of the Planning Commission's Action Relative to the Approval of Conditional Use Permit No. 2007-18: a Request to Establish a "Tackle and Bait" Shop in Conjunction with a Convenience Store as well as Related On-site Improvements Located at 1604 W. Lakeshore Drive (APN 375-350-008 and APN 375-350-039) Recommendations: (1) Uphold the Planning Commission's January 6, 2009 decision to approve the proposed "tackle and bait" shop located at 1604 W. Lakeshore Drive; or (2) Overturn the Planning Commission's January 6, 2009 decision to approve the proposed "tackle and bait" shop located at 1604 W. Lakeshore Drive. i Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 14 , 2009 Page 8 of 11 Councilmember Buckley had questions regarding the easement in relationship to the map and the trails, noting this may be discussed in the Closed Session item. Acting Community Development Director Weiner gave a general overview of this item. BUSINESS ITEM(S) (15) Reciprocal Easement Agreement by and between The City of Lake Elsinore and Rodney A. Nielsen and Elaine E. Nielsen Recommendations: (1) Approve the attached Reciprocal Easement Agreement in such final form as may be approved by the City Attorney. (2) Authorize the Mayor to execute the final form of the Reciprocal Easement Agreement. Mayor Magee questioned Attorney Leibold if Item No. 15 could go before Item No. 14 to which she responded it didn't matter as long as there were two separate votes taken. He then addressed an aerial photograph he had seen which shows active trespassing trails, a vehicle road and trash. (16) Purchase of Q-Star Surveillance System for Pilot Graffiti Program. Recommendation: - NO COMMENTS / QUESTIONS Authorize the City Manager to process a purchase order in the amount of $23,164.24 for the purchase of Q-Star FlashCam 880 Promotional Package from Q-Star Technology. REDEVELOPMENT AGENCY CONSENT CALENDAR II (1) Approval of Redevelopment Agency Minutes Recommendation: - NO COMMENTS / QUESTIONS Approve the following minute(s): (a) Regular meeting of the Redevelopment Agency - March 24, 2009 (2) Warrant List Dated March 31. 2009 Recommendation: - NO COMMENTS / QUESTIONS Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 14 , 2009 Page 9 of 11 F1 Authorize payment of Warrant List dated March 31, 2009. PUBLIC HEARING(S) (3) A Continued Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I. II, and III. - NO COMMENTS / QUESTIONS Recommendations: 1. Agency and City Council open the continued joint public hearing on the proposed Amended and Restated Plans for the sole purpose of adopting written responses to objections received prior to the joint public hearing and adopting the proposed Amended and Restated Plans. 2. City Council Adopt Resolution No. 2009- adopting findings on the response to written objections to the adoption of the proposed Amended and Restated Plans for Rancho Laguna Redevelopment Project Areas No. I, II and 111. 3. Agency Adopt Resolution No. 2009- approving the Amended and Restated Plans for the Rancho Laguna Redevelopment Project Areas No. I, II and Ill. 4. City Council have first reading of Ordinance No. amending Ordinances Nos. 607, 324, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project No. 1. 5. City Council have first reading of Ordinance No. amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. 11. 6. City Council first reading of Ordinance No. amending Ordinances Nos. 815, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No 111. II Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 14 , 2009 Page 10 of 11 CITY ATTORNEY / AGENCY COUNSEL COMMENTS Agency Counsel Leibold announced that the Redevelopment Agency had no closed session items for discussion. CITY COUNCIL CLOSED SESSION City Attorney Leibold announced due to the information received during the Joint Study Session, it was necessary for the City Council to take appropriate action and follow the procedures under Section 54954.2 (b)(2) of the Ralph M. Brown Act and add 2 non-agenized items to the City's Closed Session Agenda as identified below. The City Council took action and voted to add the Non-Agenized items. CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST I COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE SECTION 54956.96) MOTION was made by Councilmember Buckley to add a Closed Session Item involving A Joint Powers Agency (Southwest Communities Financing Authority), second by Mayor Pro Tern Melendez and unanimously carried. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: MOTION was made by Councilmember Hickman to add a Closed Session Item involving Anticipated Litigation significant exposure to litigation pursuant, second by Councilmember Bhutta and unanimously carried. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. City Attorney Leibold announced the Agenized City Council Closed Session items as identified below: AGENDIZED CITY COUNCIL CLOSED SESSION (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Gov't Code § 54956.8 Property: APN: 375-350-008 (Nielsens) Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 14 , 2009 r Page 11 of 11 I NON-AGENDIZED CITY COUNCIL CLOSED SESSION (1) CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE SECTION 54956.96) Discussion will concern: Conference with real property negotiator: 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 Name of local agency representative on Joint Powers Agency Board: Councilman Thomas Buckley (2) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: 1 potential case ADJOURNMENT The City Council was adjourned to the Closed Session meeting scheduled to be held at 5:00 p.m. The Agency adjourned to the public portion of the regularly scheduled me g t be eld at 7:00 p.m. Robert E. age , Mayor Tho a i ckley, RDA Chi ' man City of Lake EI nore, California City of Lake Elsinor Cali fornia Attest: Debora Thomsen, CMC City Clerk, City of Lake Elsinore, California