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Home My WebLink About05-12-2009 SS Page 1 of 10 CITY OF LAKE ELSINORE i JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES May 12`h, 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, May 12` , 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 Hickman. ABSENT: Councilmember Buckley. ~i 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, and Information / Communications Manager Dennis. PRESENTATIONS / CEREMONIALS Proclamation to recognize Eagle Scout Jonathan Lawrence Sandberg Proclamation to recognize National Public Works Week Northwest Mosquito Abatement & Vector Control District Presentation The City Clerk confirmed for Mayor Magee Eagle Scout Sandberg would be present tonight and City Engineer Seumalo would be receiving the Proclamation for Public Works Week. I Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 12, 2009 Page 2 of 10 Mayor Magee stated the Presentation by the Vector Control District would be approximately 6 to 10 minutes in length and their representative is Jacob. PUBLIC COMMENTS - NOWAGENDIZED ITEMS -1 MINUTE NONE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of Citv Council Minutes NO COMMENTS / QUESTIONS Recommendation: Approve the following minute(s): (a) Joint Study Session - Agenda Review City Council / Redevelopment Agency - March 24, 2009 (b) Regular Meeting of the City Council - March 24, 2009 I (3) Warrant List Dated April 30, 2009 Recommendation: Authorize payment of Warrant List dated April 30, 2009. Councilmember Hickman questioned the charge by Brothers Towing Warrant No. 99375. Acting Administrative Services Director Riley provided the information. (4) Claim Against the City NO COMMENTS / QUESTIONS Recommendation: Reject the Joann Stewart claim and direct the City Clerk's Office to send a letter informing the claimant of the decision. (5) Implementation and Administration of New 'Disadvantaged Business Enterprises (DBEI Goals Recommendation- Submit completed Implementation Agreement to CALTRANS District Local Assistance Engineer (DLAE) for their approval. Councilmember Hickman asked City Attorney Liebold if the City has been out of compliance. She referred the question to City Engineer Seumalo. Mr. Seumalo stated the City has been in compliance, and this item is to Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 12, 2009 Page 3 of 10 adopt Caltrans' guidelines, which would allow the City to apply for additional Federal funding. Councilmember Hickman questioned the signal timing at Dexter and Central Avenues. Mr. Seumalo stated the signal is not working properly; the loops are not working due to the conditions of the street, the timer is on fixed time. He noted the City along with Caltrans, have been in the field directing traffic to avoid prolonged delays. Mayor Magee stated he had received a phone call from Virgil at Caltrans who brought to the Mayor's attention a Federal law related to disabled and crippled veterans and questioned if this item was in relation to solicit services from veterans. Mr. Seumalo responded this was in fact related. (6) Communications Site Lease Agreement - McVicker Park NO COMMENTS i QUESTIONS Recommendation: Authorize the City Manager to sign the Communications Site Lease Agreement and all necessary documents to finalize the agreement with Royal Street Communications to install a wireless cellular tower and equipment enclosure at McVicker Park. PUBLIC HEARING(S) (7) Tentative Parcel Mao No. 36017 and Residential Design Review No. 2007-12 for a Project Identified as "Lakeshore Villages" Recommendations: (1) Adopt a Resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (2) Adopt a Resolution approving Tentative Parcel Map No. 36017. (3) Adopt a Resolution approving Residential Design Review No. 2007-12. Mayor Pro Tem Melendez questioned if the applicant was here (he was not) and asked why half of the project site is being considered for conservation. The Mayor confirmed this statement was accurate from reading Page 6 of 57, Line Number 5, Paragraph 5, Sentence 1. Acting Community Development Director Weiner responded the language was "Boiler-Plate" language and incorrect. He stated staff would have the Resolution Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 12, 2009 r Page 4 of 10 I corrected before the Council meeting at 7:00 p.m. and thanked Mayor Pro Tern Melendez for catching this. Mayor Pro Tern Melendez questioned the hours of construction, noting Lake Elsinore's standard construction hours are from 7:00 a.m. to 7:00 p.m. and asked why the hours were changed to 7 a.m. to 5 p.m. She questioned if there were complaints from the neighborhood. She noted the Planning Commission meeting minutes state the applicant requested the specific hours of 7:00 a.m. to 7:00 p.m. Mr. Weiner stated the original project had residents who were concerned with the noise and had asked the construction time be adjusted to 5:00 p.m. He further noted the hours were left the same as a convenience to the residents. He stated if the hours were to be changed; this could be decided by Council tonight. Councilmember Bhutta questioned the City Attorney regarding the affordability definition, and whose terms the City is following. She also requested if the project was following Pro-forma guidelines. City Attorney Leibold responded, stating the California Government Code gives specific definitions of very-low-income, low-income and moderate-housing and how they apply to Redevelopment Agencies. One requirement states 15 percent of the units are required to meet the inclusionary obligations. Regarding the Pro-forma, originally the project was brought to the Redevelopment Agency requesting financial assistance, but since that time, the developer has decided to move the project forward without assistance. Currently, there is no need for a Pro-forma, unless the developer chooses this option in the future. These affordable units will count toward our inclusionary requirement with Southern California Association of Governments (SCAG). Mayor Magee referred to the construction noise hours, stating although the hours can go until 7 p.m. it is frustrating to come home from work at 5 p.m. and hear saws and hammers going. He stated originally the time limit of 5 p.m. was approved for the mobile home park located nearby when there was not any homes near the site. Since that time, the surrounding area has been developed creating a buffer to the noise, however, the Mayor recommended Mr. Weiner keep the construction hours ending at 5 p.m. (8) Mitigated Negative Declaration No. 2008-10. General Plan Amendment No. 2008-01. Zone Change No. 2008-02, and Commercial Design Review No. 2008-09 for a project identified as 'Lake Street Market Place' Recommendation: (1) Adopt a Resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 12, 2009 Page 5 of 10 F1 (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, waive further reading. (5) Adopt a Resolution approving Commercial Design Review No. 2008-09. George McDonough spoke stating the planning process of the City needs to be reviewed especially since their decisions are irreversible. He stated the posting of meetings by the developer were not in compliance with notification rules, stating the Mayor acted appropriately when he removed the item from the Agenda. Mr. McDonough gave several existing examples of problems related to safety and traffic. He stated the Planning. Commission should have confidence in their staff; if staff makes a recommendation, they should follow it. At the Planning Commission, the developer did not speak, yet residents commented on the parking and traffic issues, etc. Mr. McDonough stated the Planning Commission voted to issue a Negative Declaration and a Variance to change zoning from residential to commercial and made other allowances. He further Fill stated the Developer held distorted neighborhood meetings noting they were out of control noting 1 Councilmember and 2 reporters who left early in disgust. Questions which were asked of the developer were not answered. Mr. McDonough handed in a petition with 28 signatures against and 2 for the project, yet the Developer instructed Council to take their petition with a grain of salt. He stated the property is zoned residential, road repairs are needed, yet why did the property owner purchase residential property and feel confident in 2 to 3 years he would receive a zone change to commercial. This sets precedence for others to request zone changes. Araceli Jiminez spoke regarding the Mitigated Negative Declaration stating on Page 25 and 72, questions if the project has an environmental impact on others. Issue C on Page 75 actually states the project does not have potential to affect humans with impact is expected to be less than significant. She stated this is not true, stating this project will have a severe impact on her husband's health and has Valley Fever. Ms. Jiminez stated she met with the developer, and told him of her circumstances and asked him to make an offer for their property, but he only offered temporary living arrangements. She requested when Council considerers their decision, to remember the Mitigated Negative Declaration and all aspects of this project will have on residents. l- Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 12, 2009 Page 6 of 10 I APPEAL(S) None. BUSINESS ITEM(S) (9) Lake Elsinore Municipal Code Waivers for National Jet Boat Association Special Event Recommendation: Waive the Lake Elsinore Municipal Code sections listed below for the proposed National Jet Boat Association Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. Waive Lake Elsinore Municipal Code Sections: 9.96.120 Boat Speed Limits 9.96.200 Motorboat Noise 8.40.040A Alcohol is prohibited in City parks 9.28.030 Furnishing alcoholic beverages in public 1 8.40.060E Lake Use Pass I Lake and Aquatics Director Kilroy gave an overview of why the Jet Boat Association was requesting specific changes for this special event. Councilmember Hickman suggested there be a welcoming tent to thank them for returning to Lake Elsinore and to make them feel welcome. Mayor Magee stated the last time they were here there was only one unfortunate mishap due to uncontrollable circumstances. He verified Director Kilroy was comfortable with the new layout noting if the winds change the audience is at a safer distance (10) Second Reading - Amendment to Section 16 83 040 Part 'A' of the Lake Elsinore Municipal Code Regarding the Transportation Uniform Mitigation Fee TUMF NO COMMENTS / QUESTIONS Recommendation: Adopt the attached Ordinance entitled: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTION 16.83.040, PART A OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 12, 2009 Page 7 of 10 I 1 (11) Fiscal Year 2008-09 Third Quarter Budget Report Recommendation: Receive and File. Councilmember Hickman noted the item regarding weed abatement to be done twice a year, stating it is fire season year round and asked if the owners were notified. City Manager Brady noted abatement was done twice a year due to the terms of an Ordinance, which could be re-evaluated and confirmed the owners were notified. REDEVELOPMENT AGENCY CALL TO ORDER - 4:37 PM Vice Chair Bhutta called the regular meeting of the Lake Elsinore Joint City Council / Redevelopment Agency Agenda Review Study Session to order at 4:37 p.m. II ROLL CALL PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley. 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. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 12, 2009 Page 8 of 10 I I None. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes NO COMMENTS / QUESTIONS Recommendation: Approve the following minute(s): (a) Regular meeting of the Redevelopment Agency - March 24, 2009 (3) Warrant List Dated April 30, 2009 NO COMMENTS / QUESTIONS Recommendation: Authorize payment of Warrant List dated April 30, 2009. PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. CITY ATTORNEY / AGENCY COUNSEL COMMENTS City Attorney Leibold announced the Closed Session for the Redevelopment Agency has been postponed. REDEVELOPMENT CLOSED SESSION (1A) 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 rrr--- Negotiating parties: Lake Elsinore Redevelopment Agency and Tenants Irma Y Leonardo Lee (154 North Main Street); and Eduardo Ramirez Mosqueda (156 North Main Street); and Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 12, 2009 Page 9 of 10 I - Paula Lopez / Super Saver, Inc (158 North Main Street) Under negotiation: Rent and terms of payment CITY COUNCIL CLOSED SESSION I City Attorney Leibold gave an overview of the following City Council items which would be discussed in Closed Session: (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 (1 B) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: 1 potential case (1 C) CONFERENCE WITH LABOR NEGOTIATOR ! (Gov't Code § 54957.6) City Negotiator: City Manager Robert Brady Employee Organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 ADJOURNMENT There being no further business to come before the City Council and the Redevelopment Agency, the meeting was adjourned at 4:40 p.m. r, Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 12, 2009 Page 10 of 10 Robert E. Magee, Mayo City of Lake Elsinore, ifornia i i Thom Bud ey, RDA C an City of Lake Elsinor , alifornia D'eboraThomsen, CIVIC -City. Clerk, City of Lake Elsinore, California ~I