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HomeMy WebLinkAbout04-28-2009 SS CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES April 28th 2009 CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore Joint City Council / Redevelopment Agency Study Session to order at 4:00 p.m. on Tuesday, March 28 , 2009 in the Culture Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley (Arrived at 4:09) Also present: City Manager Brady, Agency Counsel 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, Information / Communications Manager Dennis, and Building & Safety / Code Enforcement Manager Chipman. PRESENTATIONS / CEREMONIALS Mayor Magee gave a brief description of each presentation and confirmed who was scheduled to be present for each item as noted below: Certificate of Recognition to the Lake Elsinore Lions Club/Mission Optometry: Lake Elsinore Lions Club President Frank Brande will honor Dr. Robert Joyce and his staff of Mission Optometry. Proclamation to recognize Mental Health Month: Virginia Marshall, Riverside County Mental Health Department Board Member will accept the proclamation and give an overview of "May is Mental Health Month celebration." Lake Elsinore San Jacinto Water Authority (LESJWA): Mark Norton will give an update I i I Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 28 , 2009 Page 2 of 12 CA Association of Public Information Official Award (CAPIO) Presentation: City Staff Mark Dennis (Information / Communications) will discuss the CAPIO award received by the City. Chamber of Commerce Quarterly Update: Presentation by Mike Norkin. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Continuance of Citv Council Minutes Recommendation: Continue the following minute(s): (a) Joint City Council / Redevelopment Agency - March 24, 2009 (b) Regular Meeting of the City Council - March 24, 2009 and April 14, 2009 Mayor Magee noted the item is to be continued. (3) Warrant List Dated April 15, 2009 Recommendation: Authorize payment of Warrant List dated April 15, 2009. Councilmember Hickman questioned the following check numbers:. Check Number 99282 the dollar amount and what the check was for. Information / Communications Manager Dennis Mark Dennis stated a large-width scanner was purchased which would accommodate plans. Check Number 99320 paid to Riverside Transit Agency (RTA) and questioned what the money was owed for. Acting Administrative Services Director Riley stated he would follow-up with RTA. i- Check Number 99343 questioned the travel expense. Acting Administrative Services Director Riley stated this expense was I I Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 289, 2009 Page 3 of 12 related to training regarding earthquake preparedness. He noted the training was held at The Cliffs Resort and the city was given a low rate. (4) Investment Report - March 2009 - NO COMMENTS / QUESTIONS Recommendation: Receive and File. (5) Support of Senate Bill 566 & Senate Bill 669 NO COMMENTS I QUESTIONS Recommendation: Authorize the Mayor to send letters of support to Senator Hollingsworth for Senate Bill 566 and Senate Bill 669. (6) Approval of Parcel Map 36164, A Development by Diamond Professional Plaza for Condominium Purposes Recommendations: (1) Approve Parcel Map 36164 for Condominium Purposes subject to the City Engineer's acceptance as being true and correct. (2) Authorize the City Clerk to sign the map and arrange for the recordation of Parcel Map 36164. CouncilmemberBhutta questioned if all of the condominiums were to be used for medical purposes. Acting Community Development Director Weiner confirmed yes, they were all to be used for medical purposes. (7) Household Hazardous Waste Collection Agreement County of Riverside Waste Management Department - NO COMMENTS / QUESTIONS Recommendation: Approve the agreement with the County of Riverside Waste Management Department for collection of Household Hazardous Waste. (8) Resolution of the City Council of the City of Lake Elsinore to Vacate and Quitclaim a Portion of Right-Of-Way known as Flint Street NO COMMENTS / QUESTIONS Recommendations: (1) Adopt Resolution No. 2009-_ approving the Summary Vacation of a Portion of Flint Street. (2) Approve the Quitclaim Deed and direct the City Manager to process the document with Riverside County. C (9) Hybrid Vehicle Purchase Recommendations: (1) Authorize the City Manager to bypass the bid process. Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 28 , 2009 Page 4 of 12 I (2) Authorize the City Manager to purchase 2-hybrid trucks and 1-hybrid SUV in accordance with the requirements set forth in AB2766 and NPDES Program requirements. (3) Authorize the City Manager to execute any and all documentation on behalf of the City in connection with.the purchase of the 2-hybrid trucks and 1-hybrid SUV. Councilmember Hickman suggested this purchase be considered at a later date due to the economy. Mayor Magee confirmed the funds used to pay for these vehicles were coming solely from grant funding, not from city funds. He also noted how city employees take remarkable care and maintenance of city vehicles. Councilmember Melendez questioned why the purchase did not go out for competitive bid. Public Works Director / City Engineer Seumalo responded that this was an unusual circumstance. He stated he consulted with the City Attorney's office regarding a provision in the purchase ordinance and procedures which allows for unusual circumstances. Staff has researched and negotiated with a local dealership and were able to find deals that are extremely favorable. Councilmember Bhutta stated she is glad to see the city is purchasing "green" vehicles. (10) Closure of Main Street from Graham to Lakeshore for DMA May 9, 2009 Car Show Recommendation: Approve closure of Main Street from Graham to Lakeshore to host the DMA Route 395 Hotrod Show on Saturday, May 9, 2009. Mayor Magee verified Parks and Recreation Director Ray Gonzales was behind this location closure and thanked him. Director Gonzales thanked the downtown businesses for their input regarding the closure of Main Street from Graham Street to the City Park to allow businesses to remain open. (11) Approval of Unallocated Funds for Abatement of Substandard Buildings at 111 Langstaff Street (REAR), and 434 Avenue 5 Recommendations: (1) Approve the use of unallocated funds to complete the abatement of the two structures. I Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 289, 2009 Page 5 of 12 i (2) Allow the structures to remain and have Code Enforcement continue to monitor the properties to assure they are secured and free of transient activity. Councilmember Hickman questioned if the owners had been notified. Building and Code Enforcement Manager Chipman verified the owners had been properly notified. Councilmember Bhutta asked Manager Chipman how long staff has known about the need to demolish these buildings stating recently money was transferred out of the proper fund. She questioned if staff was aware of any other future need for demolition. Building Manager Chipman responded that it takes staff approximately four months for the city to go through the legal notification and to prepare. He stated these buildings had not yet reached this stage when the funds were transferred. He stated it is anticipated nuisance abatement action is probable; there will be other properties in the future. Councilmember Hickman stated he recently drove by the location on 434 Avenue 5 and noted the excessive trash on the property and questioned if the inside of the building was the same. Building Manager Chipman responded yes, the inside of the property is the same. PUBLIC HEARING(S) (12) Industrial Design Review 2007-04 Recommendations: (1) Waive further reading and adopt a resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (2) Waive further reading and adopt a resolution approving Industrial Design Review No. 2007-04. Public Speaker John Treece stated he had sent an email to each of the Councilmembers stating the concerns of the neighborhood' known as the "Serenity Neighbors Against the Mini Storage Facility and the Rezoning of the Parcel." He noted he had given a petition signed by 51 of the local residents to the City Clerk. He did state only one resident was in favor of the project. The group's unhappiness stems from the placement of a storage facility in the middle of a residential area and the rezoning of the parcel. He addressed some of the concerns of the residents, such as the I Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 28 , 2009 Page 6 of 12 i Conditional Use Permit (CUP) findings, which states the project has to fit the shape and size of the property. He then stated the Planning Commission later had to issue a variance for "set-backs" to allow the design to fit the property. Councilmember Hickman asked Mr. Treece if he knew who the owners of the property were. Mr. Treece stated the difficulty he has had tracking down the owner; the current owner is Al Bell, who owns a company called QT Properties, LLC, which has filed bankruptcy in the past several years, yet the address is listed as a residential address in Sun City. Further tracking shows QT Properties are related to the Bentley Foundation who has filed bankruptcy and their address leads to Nevada. City Attorney Liebold asked if a representative was present from the applicant. No one came forward. She then stated public records reflect the property was recently sold on April 7, 2009 to a new owner. Discussion was then held by the Council. Councilmember Buckley questioned if the variance was part of the CUP or if separate. He requested verification if only one person would be on-site and not live there, if this was due to the earthquake issues (yes). City Attorney Liebold responded stating a Variance is a separate entitlement, and CUP's are final at the Planning Commission unless appealed. Mayor Magee stated he had many questions for staff. He did not recall any discussion in 1991 and 1992 when the East Lake Specific Plan was in process of a storage facility for the area. The vision was for up-scale residential. He questioned how this storage facility falls into the City's slogan of Dream Extreme. He questioned what this facility would offer the City; revenue would be minimal from property taxes, employment would be limited to only one person and requested verification if this was due to the earthquake fault. Mayor Magee asked if the mature trees currently located on the parcel were being removed and if this project was following the Multiple Species Habitat Conservation Plan (MSHCP). Regarding the landscaping variance, he stated on corners the City generally would request additional landscape due to the visibility. He also stated there were three to four existing storage facilities and questioned if a marketing study was done, and what else the property could be used for. Regarding Condition No. 75, which deletes the electronic radar speeding sign, his hope is that the Council would reconsider this condition. I Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 28 , 2009 Page 7 of 12 I I Acting Community Development Director Weiner responded stating City Staff had originally recommended against the project due to the earthquake fault, yet the Planning Commission requested staff to go back and determine the environmental issues. The recommendation was revised although staff struggled with the fact there was a previous arrangement given to a prior property owner, Mr. Villa, to use the Conditional Use Permit (CUP) process. Mayor Magee confirmed this letter was written to Mr. Villa on City letterhead. An informal survey was done by staff to determine if the existing facilities were at capacity and they were not. Regarding land use, this parcel approves a limited amount of habitable structures; people cannot be at the location for a long period of time. Mayor Pro Tern Melendez questioned the approval and rejection process of the Planning Commission and if the project was reviewed for CEQA requirements. She asked if the location could be used for outdoor recreation and if the applicant had received funding.. Mr. Weiner responded that staff recommended rejection of the item when first brought to the Planning Commission, yet the Planning Commission unanimously voted to continue the project to give the applicant an opportunity to obtain environmental and MSHCP clearances. After this, the Planning Commission determined the project could qualify under CEQA requirements. Mr. Weiner also stated the location could be used for a park-like setup depending upon if there was overhead structures, etc. Councilmember Buckley noted the CUP runs with the land, but questioned with the change of ownership if anything would change. He questioned the Design Review Resolution and asked if the CUP trumps the Resolution, specifically Sections 1 & 3, Parts 1, 2 & 3. He also questioned the appeal process. City Attorney Liebold responded to Councilmember's Buckley questions and stated the entitlement runs with the property and not the owner. The CUP authorizes the use of the property as a mini storage. The design review requires the stipulations of the design. The use has been authorized, but the design of the facility is what is now in question. Regarding the appeal process, there is a 15 day appeal period which is part of the Municipal Code and has been in effect for at least a year. Mayor Magee questioned the driveway requirements and questioned why they did not line up stating the plan looks as if the driveways were f ' designed around the curve cuts. I I I Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 289, 2009 Page 8 of 12 Ken stated there was no left turn into the location and the applicant originally was requested to have the driveways line up with the street turnouts. APPEAL(S) None. BUSINESS ITEM(S) (13) Amendment to Section 16.83.040. Part A of the Lake Elsinore Municipal Code Regarding the Transportation Uniform Mitigation Fee (TUMF): Adoption of Resolution Setting Transportation Uniform Mitigation Fee Schedule - NO COMMENTS / QUESTIONS Recommendations: (1) Approve the first reading of the attached Ordinance No. _ amending and restating Section 16.83.040, Part A of the LEMC by title only and waive further reading. (2) Adopt Resolution No. 2009-_ establishing the Transportation Uniform Mitigation Fee Schedule beginning July 1, 2009. (14) Second Reading - Ordinance of the City Council of the City of Lake Elsinore. California, amending 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 Lake Elsinore Municipal Code regarding Religious Land Uses - NO COMMENTS / QUESTIONS Recommendation: Waive further reading and adopt the attached Ordinance as listed above: (15) Second Reading - Ordinance of the City Council of the City of Lake Elsinore Amending Ordinances Nos. 607. 624. 987 and 1249, and Approving and Adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. I NO COMMENTS / QUESTIONS Recommendation: Waive further reading and adopt the attached Ordinance as listed above: Fill (16) Second Reading - Ordinance of the City Council of the City Of Lake Elsinore amending Ordinances Nos. 671. 987 and 1249, and approving Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 289, 2009 Page 9 of 12 and adopting the Amended and Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. II NO COMMENTS / QUESTIONS Recommendation: Waive further reading and adopt the Ordinance referenced above: (17) Second Reading - Ordinance of the City Council of the City Of Lake Elsinore Amending Ordinances Nos. 815, 987 And 1249, and approving and adopting the Amended And Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. II I NO COMMENTS / QUESTIONS I Recommendation: Waive further reading and adopt the Ordinance referenced above: CLOSED SESSION i City Attorney Liebold gave an overview of the following City Council and Redevelopment Closed Session Items: CITY COUNCIL 1A) CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE § 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 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 28 , 2009 Page 10 of 12 1B) CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of GOV'T CODE § 54956.9: (1 potential case) REDEVELOPMENT AGENCY 1A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GOV'T CODE § 54956.8) Property: APN 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 1B) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GOV'T CODE § 54956.8) ' Property: 154 North Main Street, 156 North Main Street, 158 North Main Street Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Tenants: Irma Y Leonardo Lee (154 North Main Street); Eduardo Ramirez Mosqueda (156 North Main Street); and Paula Lopez / Super Saver, Inc (158 North Main Street) Under negotiation: Rent and terms of payment REDEVELOPMENT AGENCY CONSENT CALENDAR - NO COMMENTS / QUESTIONS (2) Continuance of Redevelopment Agency Minutes Recommendation: Continue the following minute(s): (a) Regular meeting of the Redevelopment Agency - March 24, 2009 and April 14, 2009. (3) Warrant List Dated April 15. 2009 Recommendation: Authorize payment of Warrant List dated April 15, 2009. (4) Investment Report - March 2009 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 289, 2009 Page 11 of 12 Recommendation: Receive and file. (5) Agency Acquisition of Tax-Defaulted Properties Recommendation: Approve the attached Resolution authorizing and approving the expenditure of Agency funds for the acquisition of 10 tax- defaulted real properties in the City of Lake Elsinore. PUBLIC HEARING(S) - NO COMMENTS / QUESTIONS (6) Replacement Housing Plan - Pottery Court Affordable Housing Project Recommendation: Approve the Resolution of the Redevelopment Agency of the City of Lake Elsinore, California, Adopting a Replacement Housing Plan for the Pottery Court Affordable Housing Project. BUSINESS ITEM(S) No business items scheduled. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. ADJOURNMENT REDEVELOPMENT AGENCY The Redevelopment Agency portion of the Joint Study Session was adjourned at 4:39 p.m. RECONVENE CITY COUNCIL The City Council reconvened at 4:40 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES I George McDonough presented to Council an envelope with documentation regarding: a new traffic study completed at the location of Lake Street and the Alberhill Soccer field, the definition of the existing (professional) traffic study's A's B's & C's markings on the study; feedback on city employee, Acting Community Development Director Weiner. Mr. McDonough stated Mr. Weiner is a supervisor, is in a difficult position between developers, employees, and residents. He has been doing an outstanding job, treats everyone with respect r and deserves to be the permanent director. Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 28 , 2009 Page 12 of 12 Araceli Jimenez, a member of the voters against the Lake Street Market Place stated she has addressed many reasons she is against the project in the past, but tonight she is focusing on a personal reason. Her husband has Valley Fever, a severe disease and potentially fatal caused by airborne spores released from the soil. She has contacted Riverside County Disease Control and has discovered Riverside County has reported 14 cases since the beginning of the year. She provided documentation to the City Clerk which states the seriousness of the disease, which is considered as dangerous as Anthrax and a severe threat to the public. She is asking the Council to consider this when they make their decision on the Lake Street Market Place project. I William Jay Knabb spoke requesting the City to change their current Ordinance regarding the City's policy on Dispensaries for Medical Marijuana stating the federal government has recently changed the rules and regulations regarding these medical dispensaries. He suggested the City allow a facility to be opened in an industrial zone, away from hospitals and schools. Councilmember Buckley requested the City Attorney to prepare a report on the revised government rules. ~I ADJOURNMENT There being no further business to come before the City Council and the Ye nt A ency, the meeting was adjourned at 4:48 p.m. Robert E. Magee, yor Thomas u c ey, RDA rman City of Lake Elsin a City of Lake Elsin Attest: Debora Thomsen, CMC ' = = = = City Clerk, City of Lake Elsinore, California:;.