Loading...
HomeMy WebLinkAbout02-10-2009 City Council Minutes n . n D MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUA~Y 10, 2009 ............................................................................... CALL BACK TO ORDER (7:00 P.M.l Mayor Magee called the meeting to order at 7:03 pm. PLEDGE OF ALLEGIANCE Mayor Magee led the flag salute. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the audience in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN BUCKLEY COUNCILMAN HICKMAN ABSENT: NONE. Also present: City Manager Brady, City Attorney Leibold, City Treasurer Baldwin, 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, Information/Communications Manager Dennis, Captain Cleary, Fire Chief Hendershot, and Interim City Clerk Cowley. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in closed session this evening to discuss one item of anticipated litigation under the authority of Gov't Code 954956.9; one potential case was discussed under the provisions of subdivision (b) and there is no reportable action. 1 (a) CONFERENCE WITH LEGAL COUNSEL.-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (1 potential case) n n n PRESENT ATIONS/CEREMONIALS Mayor Magee advised that under presentations and ceremonials, there would be a very colorful and exciting display. Mayor Magee introduced and presented Certificates of Recognition to Queen Scheherazade, Madi Dipietro, and her Court Princess Jasmine, Amariz Mendoza and Princess Dunyazade, Stacy Jones, who are the spokespersons for the Riverside County Fair & National Date Festival. Madi Dipietro, Amariz Mendoza and Stacy Jones introduced themselves to the audience and provided information regarding the Riverside County Fair and National Date Festival which runs from February 13th through the 22nd. The Mayor introduced and presented Certificates of Recognition to Desiree Nordgren and Cody Wessel two members of the Future Farmers of America who will be showing their farm animals at the fair. Mr. Magee suggested they bring their animals to the council meeting to share their experience and animals with the rest of the valley so everyone can appreciate the work the Future Farmers of the America do and what they are doing in Lake Elsinore. Desiree Nordgren introduced her goat indicating the students raise different animals for the fair from cattle, sheep, goats and small animals such as rabbits, birds and poultry. Their animals are sold at an auction during the fair to raise as much money as possible to buy another animal. Cody Wessel introduced Big Boy, his Suffolk Cross lamb. His plan is to get $4 per pound for the lamb that weighs 155 pounds. Mr. Wessel has invested almost $400 in raising the lamb. Debbi Clark, the Agricultural Teacher at Elsinore High told the audience how much time and money the students put into raising their animals. She also stated that there are 160 students involved in this program, which has doubled from last year; however, because of economic issues most of them do not have an animal to show. She provided some statistics on the success of past students who have participated in the program. Mayor Magee thanked the future Farmers for coming to the meeting and sharing their animals with everyone. Mayor Magee introduced and presented the volunteers of Animal Friends of the Valleys. With a Certificate of Recognition for their work with Animal Friends of the Valleys which stretches from Lake Elsinore to Temecula including Canyon Lake. He expressed his appreciation for the incredible job they do under very difficult circumstances. Willa Bagwell, the Executive Director and State Humane Officer accepted the Certificate on behalf of the organization and thanked everyone for the recognition. Thereafter each volunteer introduced themselves. In n n Mayor Magee introduced and presented a Proclamation to Brian Tisdale, President and Lorraine Watts, Vice President of the NAACP in Honor of February as Black History Month. Mr. Tisdale thanked the City Council and accepted the Proclamation on behalf of the Lake Elsinore NAACP Branch 1034 and acknowledged that Mayor Magee, Councilman Hickman, Councilman Buckley and City Treasurer Baldwin as well as some people in the audience were all members of the Lake Elsinore branch. Lorraine Watts stated that people wonder why February, the shortest month of the year is celebrated for Black History Month. She said it was because it is the month of Abraham Lincoln's birthday and it is also the month when the NAACP was first initiated. Mayor Magee advised that the Chamber of Commerce was not able to send a representative so their update will be moved to the next meeting. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Dorothy Spiegelberg addressed Council indicating that last year at a council meeting they were told that Lakeshore Drive was zoned recreational and it was going to be rezoned residential which would happen around August in 2008. In January she was informed by the City that that decision had been changed and the zoning for that area would continue to be recreational which means the property owners will not be allowed to build on their property. She wanted to know why stating the City will lose a lot of revenue if they are not allowed to build on Lakeshore Drive. Mayor Magee advised Ms. Spiegelberg that he could not respond because she is speaking under non-agenized items and referred her to the Community Development Director, Tom Weiner. He reminded her that the vote was four to one in October or November; tonight the City council will discuss more about the General Plan and suggested she can get a feel for where the new Council is sitting. Dennis Fahey felt it was a very disturbing four to one decision by Council just before the two members left and just before the two new members were elected. He felt that after all the years of input and work the decision was made ignoring the feelings, the comments and the input from the citizens. He asked Council to reconsider. Aracelli Jimenez, on behalf of the Voters Against the Lake Street Market Place addressed Council stating that they attended the Planning Commission meeting last week and they are not familiar with the Planning Commission's procedures. She was requesting clarification on the Mitigated Negative Declaration. Their primary concern is that they are notified in a timely manner of any future actions taken on the Lake Street Market Place. Scott Johnson, on behalf of the Voters Against Lake Street Market indicated they have put together a website, nolakestreetmarket.com where there is a lot of information he thought people should know about. n n n Janna Vacario, Rice Canyon School PTA President addressed Council to voice her concerns about the Lake Street Market and the increased traffic that this project is going to create on the surrounding streets. She was concerned about the safety of the students. Many school- children walk to and from school every day down Mountain. She also spoke with the Terra Cotta Middle school PTA President and she has voiced her concern for the safety of their students as well. They are planning an information meeting at both schools to make the parents aware of the increased traffic on the streets that the children use to walk to school. George McDonough a member of the Voters Against Lake Street Market addressed Council to keep them advised of their actions conceming the Lake Street Market. As Mayor Magee suggested they have been attempting to arrange a reach out meeting with Marinita Development to express their concerns. They feel the meeting should be held on a Saturday afternoon due to the number of commuters in the community. It was virtually impossible to hold a meeting this important at 6:00 or 7:00 pm. He advised they have been communicating with the builder and they understand the proposal will not be at the February 24th meeting. He said that right now they understand a mass mailing is being sent to all area residents and the date of the reach out meeting will depend on the date of the mailing. He advised they have numerous volunteers to walk the neighborhoods, sign petitions, pass out flyers and they currently have 150 lawn signs for residents' homes; however, they need to know in advance of any actions being taken by the City Council or the Planning Commission. The Mayor advised Mr. McDonough that anyone wanting to be notified of upcoming meetings needs to provide the Community Development Department with their names and addresses. Dave Garrison representing Marinita Development addressed Council regarding the meeting they are trying to schedule. Pending confirmation of availability of the Cultural Center, they have tentatively scheduled the meeting for February 26, 2009, at 7:00 pm. Contrary to what Mr. McDonough felt that Saturday was the best day for the residents, they have consultants coming from all over this area and they feel the attendance will be better during the week because of all of the things that happen on Saturdays. He also advised Council that they plan to send a notice to all residents in a 600 foot radius notifying them of the meeting and he was also working with Castle & Cooke to post information at their main entrance notifying the other people about the meeting. Mayor Magee suggested he work with Mr. Weiner with the updated mailing list since some people may not make the 600 foot radius and they want to be informed. Ruth Atkins, a member of the Lake Elsinore Historical Society informed Council that the newspaper article she handed out to them was an article from 1966 talking about the City Council trying to balance the budget. She also pointed out that Mayor Yarborough was the first black mayor in the State of California, elected in 1966. She advised that there is a book at the museum that lists every council member and mayor elected since April 23, 1888. She also pointed out that this Thursday is the birthday of one of the finest presidents in the United States. The Historical Society is also in possession of a copy of the New York Herald American dated April 16, 1865, in perfect condition, containing an article on President Lincoln's assassination and it has been preserved in the Main Street Museum. n n n PUBLIC COMMENTS - AGENDIZED ITEMS There were no public comments. CONSENT CALENDAR Mayor Pro Tern Melendez moved to approve the Consent Calendar consisting of Items 2 through 7; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. (2) Approval of Citv Council Minutes Recommendation: Approve the following minute(s): a) Joint City Council/Redevelopment Agency Meeting - January 27,2009 (3) Warrant List Dated Januarv 29, 2009 Recommendation: Authorize payment of Warrant List dated January 29, 2009. (4) Claims Aaainst the Citv Recommendation: Reject the claims of Diane Harrison, Loria Gill, and Heirs of Josue A. Montes and direct the City Clerk's Office to send a letter informing the claimants of the decision. (5) Franklin Street Drainaae Repair Recommendation: The City Council: a) Award the Franklin Street Drainage Repair to Hardy & Harper, Inc. for the amount of $36,575. b) Authorize the Mayor to execute the contract with Hardy & Harper, Inc. c) Authorize the transfer of $36,575 from Gas Tax Fund No. 110 to the Franklin Street Drainage Repair project. (6) Professional Enaineerina Services - Peter Ramev Construction Manaaement Contract Recommendation: Authorize the City Manager to enter into a contract with Mr. Ramey to provide Construction Management services for City Capital Improvement Projects. II n n (7) Approval of Second Annual Frontier Davs Recommendation: The Mayor and City Council approve the request from the Chamber of Commerce for waiver of Lake Elsinore Municipal Code sections 8.40.040(A) and 9.28.030 and allow alcohol to be served during the Frontier Days event. PUBLIC HEARING(S) (8) Resolution Declarina Weeds. Rubbish Refuse and Dirt a Nuisance: Propertv Owners to be Notified Recommendation: That the City Council adopt Resolution No. 2009-02 and direct staff to begin the abatement process for this year. The Mayor opened the public hearing at 7:35 pm. Director of Public Works/City Engineer Seumalo provided a staff report advising Council that this item is the 2009 nuisance abatement process and Council is being asked to consider the adoption of a resolution declaring weeds, rubbish and refuse on private property a nuisance. The resolution also orders the abatement of nuisance items. If approved the abatement notice will be sent out within 10 working days informing the property owners of their abatement responsibilities. City staff will begin physically abating the properties on May 1st and properties that are abated by City forces will be charged an administrative fee as well as a per square foot abatement fee. There being no one wishing to address the City Council, the Mayor closed the public hearing at 7:36 pm. Mayor Pro Tem Melendez confirmed that this included the homes that were in foreclosure asking how that would be mitigated and how staff would know where to send the notices. Mr. Seumalo advised that the City uses a Riverside data base for property owners and staff also works in conjunction with the Building Department who maintains a list of foreclosed properties. Councilman Hickman noted for the audience that staff is sending out 8,350 notices to property owners. Mayor Pro Tem Melendez moved to adopt Resolution No. 2009-2 and directed staff to begin the abatement process for this year; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. (9) General Plan Update Discussion Reaardina Countrv Club Heiahts. the Historic District. and Proaress ReportlTimeframe Recommendation: The City Council direct staff as deemed appropriate. n n D Acting Community Development Director Tom Weiner informed Council that the General Plan Amendment is returning to Council this evening in order to present some information regarding the General Plan update and its process. The items include the downtown area as it relates to the Downtown Master Plan project that is currently ongoing, certain areas of the Country Club Heights, and a timeline to bring this update to completion. He advised the Downtown Master Plan process is still ongoing and with the help of the members of the community and staff progress is being made in completing that document. He noted that staff was not reviewing specific land uses in the Downtown Master Plan but rather is looking for direction from Council to incorporate that Plan into the General Plan once it is finalized. He advised Council that staff, as a cost-saving measure, will prepare the EIR in-house rather than have the consultant who is preparing the Housing Element prepare the EIR. He pointed out several changes have been made including several mixed use designations, and the elimination of the Recreational area toward the Lake and instead created a Downtown Recreational area, which allows for more commercial uses as well. In addition, areas for the Civic Center and Cultural District have been established. The plan has basically been revamped based on the public feedback received and the economic data. Staff feels this Plan is moving ahead appropriately and staff is happy about having the opportunity to incorporate it into the General Plan when the General Plan gets adopted. Mr. Weiner then addressed Country Club Heights presenting PowerPoint slides indicating the revised alternative. He advised staff is looking for Council's approval of the land-use. He reminded Council that the property owners were concerned about density issues in that area. He pointed to the area on the map where density is difficult because of topography issues and infrastructure constraints including those areas that exceed 15% to 20% slopes. There are property owners that have property along the base and staff is proposing to modify that area to Low-Medium and Medium Density designations, which will provide some ability to build single family homes providing some infrastructure along the base that could eventually move up the hill; however, the farther up the hill, the density becomes lower. He pointed out to an area along Gunnerson that is undeveloped and is relatively flat. He explained that the Medium Density areas on Strickland become more flat as it moves away from the street and is designated Low-Medium which would allow more tract development housing a limited distance up the hill. From Pennell and Gunnerson is a canyon area that is relatively flat; the topography does increase as it moves away from Pennell and Gunnerson that's why that area is being kept at Low to Medium Density. Mr. Weiner explained the importance of establishing the densities to insure the traffic studies and the EIR are correct. As the City moves forward everything needs to be in place to have the Environmental Impact Report complete. Mr. Weiner felt the timeline laid out in the staff report is realistic and acceptable in order to perform the environmental reports and get Urban Crossroads on board to perform the traffic analysis. Most importantly staff received over 200 comments from the original Environmental Impact Report that have to be responded to. Staff has been meeting with property owners either by phone, email or in person in order to come to a consensus with land use issues and also with the text that certain property owners and developers want addressed. He advised staff was attempting to get these issues addressed so the EIR process doesn't go any longer than necessary. Mayor Magee confirmed that staff was looking for two things from Council: one was the acknowledgment to incorporate the Downtown Master Plan into the General Plan n n o process and the approval of the Country Club Heights densities and asked what the timeline is. Mr. Weiner indicated that in August 2009, City Council and Planning Commission hearings can commence if all of the procedural issues have been taken care of. Mayor Magee opened the public hearing at 7:44 pm. Jon Holton addressed Council regarding the plan to move City Hall by the Lake expressing his concern it would change the character of Main Street by having an empty stone building on the weekends by the Lake. While he liked some of the things planned for Main Street he felt it would be better to have a library there or something where people can interact. Terry Theilen addressed Council regarding the property he owns on Lakeshore and he would like to see an overlay included in the update to allow homes to be built. He felt that it would increase the income for Lake Elsinore. He added the property is level explaining the type of home he and others would like to build that included a launching ramp and a boat dock. He encouraged Council to think about nice homes along Lakeshore Drive. Paul Castagno addressed Council stating Country Club Heights does effect the Lakeshore Overlay District property owners because the sewer system currently stops at the Lakeshore Liquor Store and if the sewer is ever extended down for Country Club Heights many of the Lakeshore properties would be developable. He has been waiting for 25 years for the sewer company to extend it so he can build on his property. He expressed his frustration of attending. numerous Planning Commission meetings over the years listening and giving input regarding the General Plan. The Planning Commission listened to many of the property owners and spent much time researching and investigating many issues brought to their attention; finally making their recommendations to City Council regarding an updated General Plan for approval. He is very disappointed that the past City Council decided to disregard the Planning Commission's recommendation for a thorough Lakeshore General Plan to allow for residential development similar to the current Residential-3 Zoning standards and decided to change the designation from Residential to Recreation. Sam Gregory who owns several pieces of property in the City addressed Council regarding the designation change of Lakeshore Drive. He expressed his opinion that it would improve the quality of the City to have some nice residential along the water. He therefore encouraged Council to keep some residential on the water since there is already sufficient beach property available for the public. There being no other public comments, the Mayor closed the public hearing at 7:55 pm. Mayor Pro Tem Melendez questioned the ability to provide water in the Country Club Heights area where property owners are allowed to build upon confirmation from the Water District that their water needs can be met. Mr. Weiner expressed his opinion that at this time some major infrastructure improvements are needed for a lot of homes. Mr. Weiner responded to further questions posed by Mayor Pro Tem Melendez n n o indicating that with the proposed density, if the area is ever built out and infrastructure established at the base which could conceivably continue up the hill if a developer wanted to pay for that infrastructure. Councilman Buckley provided additional information regarding the water situation in the Country Club Heights area. Mr. Buckley responded to public comments made stating the Master Plan was not being adopted tonight it is being considered as a document that will be included as part of the General Plan and City Hall is not proposed for Lake side. It is proposed to be a block away from the current City Hall. Referring to the issue of Lakeshore, Mr. Buckley stated the vote that was taken in October when Mr. Schiffner and Ms. Kelley were on the Council was timely and fair. Until that vote happened, the council members were the only five people in Lake Elsinore who had no input into the General Plan and considering it had been going on for three years to not have allowed Ms. Kelley and Mr. Schiffner to have input would have been inappropriate. He asked for the current zoning at Lakeshore and Mr. Weiner responded that it is recreational, which allows a boat house to be built, boat slips and other lake related facilities that meet all of the code requirements. He also confirmed that the City was not down-zoning Lake Shore. He defended the Council's knowledge with respect to making decisions on land- use issues. Councilwoman Bhutta expressed her support of the Downtown Master Plan and felt it will work very well within the City's General Plan. She complemented staff and the consultants Cooper and Carry who she felt have done an excellent job. She addressed the Country Club Heights area acknowledging that everyone who knows that area knows there are a lot of constraints, including water and infrastructure and noted the City did want the ability to develop that area and she supported what staff was recommending but wanted to insure the City is responsible and reasonable. Ms. Bhutta also noted that the General Plan process needed to get moving as soon as possible because it has taken far too long. She also reminded everyone that this is a visionary document to move the City forward. Councilman Buckley asked about the zoning in one area of Country Club Heights that is zoned Low Medium but his recollection is those are half acre lots. Mr. Weiner confirmed that density was not changed. Councilman Buckley suggested the General Plan reflect the existing houses. Councilman Hickman expressed his approval of the changes that were made trying to work with people, referring to Country Club Heights he expressed his dislike of high areas but felt it was a vast improvement going forward. Mayor Pro Tem Melendez asked the City Attorney how the zoning issue on Lakeshore Drive can lie brought back to Council to change the zone. City Attorney Leibold confirmed that if Council wished to change the direction that was given to staff in October that direction can be changed now. She advised Council that Staff is here with the General Plan update to show Council what modifications have been made to the proposed General Plan Land Use Maps and what staff is bringing forward. If a councilmember disagrees and wants to reconsider that, this is a public hearing and council can give staff that direction now. n n o Mayor Pro Tem Melendez understood the opinion shared by some of her colleagues that there are several obstacles; however, she felt the Council had to respect private property owners' rights and regardless of whether they can build on it now or 15 years from now when a sewer line is in place, she felt the property owners should have the opportunity and that it wasn't Council's place to devalue their property. She would like to see that zoning changed back to residential. Councilman Buckley clarified that the current zoning is recreational. The proposed zoning in the General Plan going forward is the same and the property is not being devalued. It doesn't take away any rights that they have had. The last time the General Plan was updated was in 1990 so if someone bought the property in the last 17 years they would know what the zoning is and the zoning will not change under the current proposal going forward. Thereafter followed a discussion between Mayor Magee and Acting Community Development Director Weiner regarding the comment period and the fact that people still have an opportunity to make comments on the General Plan. Mayor Magee asked for confirmation that the Planning Commission had a Lakeshore Overlay District on lake side of Lakeshore Drive from Illinois to Chaney. Mr. Weiner confirmed it was Lakefront Residential District and pointed on the map where it began and ended at Lowell. Mayor Magee advised that in October the vote regarding Lakeshore was 4 to 1 (he being the 1 vote), because he supported property owner rights and wanted to continue to encourage investment in that area provided that the owner/builder could meet all building standards, the constraints such as grading, flood control, right of way, and sewage disposal. Even though that requirement is very challenging he did not want to take away all hope. He wanted to allow the private sector the creativity necessary to perhaps make something happen in that area. He continues to support that line of thinking. With respect to the Downtown Master Plan he felt staff, the consultant and the public input is definitely on the right track and he was very excited to see all of the input at the public meeting so he wholeheartedly supports incorporating the Downtown Master Plan into the revision of the General Plan. With Respect to Country Club Heights' densities he acknowledged staff's hard work working through some very difficult situations. He reminded everyone that the current construction in the Country Club Heights area would meet the current standards, not the standards of the past in terms of set backs, open space, landscaping, and parking resulting in a higher quality product going forward. With that Mayor Magee indicated he was fully in support of the Downtown Master Plan, he is in support of what staff has done with respect to Country Club Heights' densities and he would like to support the Lakefront Residential Designation. Mayor Magee moved to support the Downtown Master Plan, the Country Club Heights' density designations and to change the zoning to the Lakefront Residential designation; second by Mayor Pro Tem Melendez. Councilman Buckley asked if the Mayor would entertain a separate motion; for Country Club Heights and the Historic District and a separate second motion on the Lake Front area from City beach to the corner. n I : ~ll' i, ,n I ' I , I i i I Mayor Magee agreed to retract his original motion and moved to incorporate the Downtown Master Plan into the General Plan process and to incorporate the density changes that staff is recommending for the Country Club Heights area; second by Mayor Pro Tem Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. Mayor Magee moved to direct staff to place back into the General Plan, Lakefront Residential Overlay between roughly Illinois to Lowell on the lake side of Lakeshore Drive; second by Mayor Pro Tem Melendez. The motion carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta. NOES: Councilman Buckley, Councilman Hickman. City Attorney Leibold clarified that Council is providing direction to staff in terms of how to complete the draft proposed General Plan which will dictate the CEQA analysis. The actual adoption of the General Plan won't happen until August so none of this takes effect until then. She confirmed Council is simply giving direction to staff so that there is a point in time photograph that the City can now move forward for purposes of environmental analysis. She advised that none of this takes effect; is not enforceable and it is not a rezoning or re-Iand use designation. Council Member Buckley left the dais at 8:20 pm. APPEAL(S) (10) Continuance of the Appeal of the Planninq Commission's Action Relative to the Approval of Conditional Use Permit No. 2007-18: a Request to Establish a "Tackle & Bait" Shop in Coniunction with a Convenience Store as well as Related On-Site Improvements Located at 1604 W. Lakeshore Drive (APN: 375-350-008 And 039) Recommendation: That the appeal of the Planning commission's action to approve Conditional Use Permit No. 2007-18 for the proposed "tackle & bait" shop located at 1604 W. Lakeshore drive be continued to the regularly scheduled City Council meeting of February 24, 2009. Councilwoman Bhutta moved to continue the item to February 24, 2009; second by Mayor Magee. The motion carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, and Councilman Hickman. NOES: None. ABSENT: Councilman Buckley BUSINESS ITEM(S) Mayor Magee announced that the City Council will not act on Item 11 until after the Redevelopment Agency has acted on the Amended and Restated Redevelopment Plan. n n n (11) Resolution of the Aqencv Adoptinq the Report to City Council for the Amended and Restated Redevelopment Plans for the Laquna Redevelopment Proiect Areas No. I. II. and III. Submittinq the Report and the Updated Plans to the Citv Council and Consentinq to a Joint Public Hearinq: and a Resolution of the Citv Council Acknowledqinq Receipt of the Documents and Consentinq to and Callinq a Joint Public Hearinq Recommendation: The City Council adopt Resolution No. 2009-03 Acknowledging Receipt of Documents from the Redevelopment Agency of the city of Lake Elsinore Pertaining to the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III and Consenting to and Calling a Joint Public Hearing with the Agency. After reconvening From the Redevelopment Agency at 8:57 pm., Councilman Buckley moved to adopt Resolution No. 2009-03; second by Councilman Hickman. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. (12) Graffiti Action Plan Adoption Recommendation: Approve the Graffiti Action Plan and direct staff to implement education and outreach objectives and technology acquisition within the scope of work shown in the respective FY 2008-09 General Fund, RDA and CIP budgets. Councilman Buckley returned to the dais at 8:22 pm. Communications/Information Manager Dennis advised Council that Graffiti Action Plan is to organize the City's goals and objectives, taking existing practices, adding new technology and new procedures to achieve more effectiveness in the City's efforts to abate graffiti, to prevent graffiti and to deal with the potential for restitution when a violator is apprehended and convicted. In that regard, staff would be adding three new aspects to what is currently being done; one would be community outreach -- getting information out to the public so the public knows the ordinance that is on the books and the increase in compliance. Mr. Dennis then provided the background and history of the graffiti ordinance advising that the ordinance was amended in 2007 by recommendations set forth by the Public Safety Advisory Commission and was approved by the City Council. The amendments included putting in place stiffer fines, making families or property owners accountable for the actions of minors or youths who may get caught doing graffiti, the damages that could be collected not to exceed $25,000 in cumulative damages for multiple tagging. A reward system of $1,000 leading up to information and conviction was also instituted. In 2008 the City established a Graffiti Task force which includes the Police Department, Public Works, Parks and Recreation, Lake Department and administrative staff. The committee discussed what the City was doing and surveyed practices to understand the involvement of the City. n n n Mr. Dennis hoped that the Council would look at the goals with the support of staff's efforts to implement better practices, and procedures; to evaluate them and to use grant funding to help pay the City back for this effort; and to help connect with the community so they can really see better what the city is trying to do. He indicated the scope of work is communications, looking at technologies, opportunities to invest in ways to track graffiti graphically, link it so it can be studied and better cases can be built against the perpetrators; and also to use surveillance technology to catch people in the act or as a deterrent. There are also other enforcement and restitution procedures and evaluation is key to getting better at what the City does. He reiterated this year's budget has sufficient funding to accomplish the City's goals with the purchase of equipment and with the implementation of the original plan. Mr. Dennis explained to Council staff recommending the purchase of Graffiti Tracker software which is a third party application that can be licensed annually and depending on the number of instances reported, the cost is between $7,000 and $12,000 in the first year. He advised the cameras are very important for capturing information related to graffiti instances which can be analyzed. Staff is looking at purchasing two additional cameras in addition to the one the City already has. He advised there is also surveillance camera technology available to the City. If the City chooses to spend the dollars for that project staff would purchase five cameras and perform a study to determine the best way to put cameras out into the City to overtook hotspots where graffiti instances recur. Staff also feels education is necessary to let the community know the penalties and the opportunities to work with the City to turn in information that may be useful to apprehend people who painted graffiti. He Informed Council that this program was approximately a $68,000 investment. He explained that earlier in the budget process staff identified $23,000 in the Public Safety Advisory Committee's budget could be used specially for these outreach costs. Staff also had funding earmarked in the City's Capital Improvement Budget to pay for the Graffiti Tracker and the cameras; however, funds from the Law Enforcement Supplemental Grant can be used to purchase most of the equipment. Mr. Dennis reviewed the schedule with the Council stating that the funds had to be spent between now and June. The primary activity would be to activate the City's graffiti hotline which is an automated telephone system; and the City's webpage which was launched in January; ordering the Graffiti Tracker; getting the cameras to staff for training; providing outreach to businesses that sell materials used for graffiti to teach them about compliance requirements; putting the surveillance system into a pattern of surveillance in the community through April and May and ultimately evaluating the efforts quarterly; and doing some direct communications by mail, as well as e-mail and of course as suggested by Council, working very closely with the schools which are essential. Councilman Hickman expressed his support for the program but because funds are tight right now he would like staff to look at reducing the amount of money for the education and outreach. He wants to see the printing costs reduced by utilizing e-mail, reaching out to the schools and other less costly methods. Councilwoman Bhutta expressed her view that graffiti had to be addressed and that the City had to decrease the amount of graffiti, if not put a stop to it. She expressed her n n i I n view on the negative effects graffiti has on the City's appearance and also felt that by taking back the neighborhoods, doing some beautification and not tolerating graffiti would be a great deterrent. She would also like to see some type of community clean up day and agreed with Councilman Hickman to reach out to the schools indicating that the high schools maintain a folder of all of the graffiti that happens on campus as well as the names and pictures of it. She suggested staff coordinate with the schools. She felt that reaching out bye-mail and using the teachers as resources to inform the youth of the current ordinance and the penalties. She also suggested working with the EVMWD and as Mayor Magee mentioned CR&R to place a stuffer in their billings. Anything the City could do to get the word out and stop the graffiti from happening would be greatly appreciated. Councilman Buckley moved to approve the Graffiti Action Plan; second by Mayor Magee. Thereafter followed a lengthy discussion between Mayor Pro Tem Melendez and staff regarding the types of cameras, the Graffiti Tracker software and the cost factors. She then advised that the City of Garden Grove has a system similar to the one being proposed by staff and their program is proprietary which means they would give it to us for free. She indicated it was the same type of system as Graffiti Tracker except the City would not have to pay the $7,000 to $12,000 a year in licensing fees. She felt it might be worth investigating to find out if Garden Grove would allow Lake Elsinore to use their software. With respect to the mounted cameras, she asked if they could be mounted anywhere because it is her understanding they cannot be mounted on any utility poles. Mr. Dennis advised that staff would have to cooperate with the utility companies but they would be mounted primarily on City property such as the light poles the city owns or walls of buildings. A lengthy discussion regarding the inability to mount the cameras on utility poles; having to move the cameras to different locations to keep up with the graffiti and the purpose of the pilot program ensued. Further discussion centered on what other cities are doing, what types of programs other cities may have and whether staff has gone to any of these cities to see how well their systems have worked. Mayor Pro Tem Melendez discussed her research into the graffiti issue when she was running for City Council and her discussions with the City of Garden Grove and their proprietary program. Mr. Dennis explained the research that he and the Graffiti Task Force did and the cities they visited. Mayor Pro Tem Melendez wanted to make it clear she was absolutely in support of putting any program into place to stop the individuals for defacing the City; however, she wants to make sure that the City is receiving the most for the money and make sure the City learns some of the drawbacks that other cities have encountered feeling it would behoove the City to contact some of these other cities to learn from their mistakes. Mayor Pro Tem Melendez made a substitute motion to continue this item with respect to purchasing any equipment until staff can do further more research to insure that the City is purchasing the right equipment; second by councilman Hickman. n n In I "- I I I I Mayor Magee acknowledged there are two motions on the floor and he has a request to speak from Mr. Via Tran from Southern California Edison. Via Tran addressed Council regarding Section 9.52.100 of the City's ordinance discussing the City Manager working with the utilities companies. On behalf of the Edison Company, he thanked the City Manager, the Public Works Director and PSAC for giving Edison the opportunity to discuss this ordinance as it pertains to Edison's utility facilities. He advised that Edison is committed to working with the City on graffiti abatement and has expended a number of its resources on a graffiti abatement program of its own to insure that graffiti is removed from Edison's facilities in a timely fashion. He also addressed the Mayor Pro Tem's comments regarding the cameras on utility poles indicating she is correct that Edison does not allow anything on their utility poles for safety and security purposes but Edison is happy to continue the conversation and thanked the City for the opportunity to partner with the City to make sure that Graffiti is addressed in a very timely fashion. Mayor Magee thanked Mr. Dennis for his hard work and diligence on this issue as well as the PSAC for the strides it has made in allowing the cameras to be paid out of their funds. He appreciated Mayor Pro Tem's comments about cost savings and wanting to continue; however, he would rather see a 3D-day progress report from Mr. Dennis. He felt Mr. Dennis got a sense that this body was extremely fiscally conscious and the line items mentioned by Councilman Hickman and Councilwoman Bhutta and the Mayor Pro Tem's significant research on the individual cameras are very expensive. Thereafter Mayor Magee discussed the increase in the costs to implement this program in the last two years; that he did not want any more time to go by before implementing the program; and how, during the election campaign, graffiti was the biggest single issue that the residents had on their mind. He asked if Councilmember Buckley would amend his motion to approve the plan and direct staff to give Council a 3D-day progress report on how staff will cut costs for the surveillance cameras, the Graffiti Tracker system and the public outreach. The substitute motion made by Mayor Pro Tem Melendez and seconded by Councilman Hickman to continue the matter off calendar failed by the following vote: AYES: Mayor Pro Tem Melendez, Councilman Hickman. NOES: Mayor Magee, Councilwoman Bhutta, Councilman Buckley. Councilman Buckley amended his original motion to approve staff's recommendations and directing staff to return to Council in 30 days with a progress report on implementing the program and any cost savings based on additional research as suggested by individual council members; second by Mayor Magee. The Motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. The City Council recessed to the Redevelopment Agency at 8:51 pm. The City Council reconvened at 8:57 pm. and considered Item 11. n n n PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Joel Neill on behalf of the U.S. Coast Guard Auxiliary Flotilla 51 made a public service announcement regarding a public safety class entitled "Boating Class and Seamanship," to be held on Monday evenings for eight weeks beginning on Monday, March 2nd from 7:00 pm to 9:00 pm. He announced any questions can be directed to Pete Dawson at 951-202-1584. The location of the class will be at 18010 Grand Avenue, Lake Elsinore. The class qualifies for the boating Under the Influence (BUI) under the State and County. CITY MANAGER COMMENTS The City Manager announced/commented on the following: o There is an income tax preparation being provided to assist seniors at the Senior Center. The Senior Center is now accepting appointments for the tax preparation which is being offered free for qualifying patrons. There are also two dates available where appointments will not be necessary on Saturday, February 14 and Saturday, March 14,2009. o On Wednesday, February 11, there is a fraud prevention workshop at 12:30 p.m. at the Lake Elsinore Senior Center, which is free. o Thursday, February 12, there is an RCA public hearing at 1:00 p.m. at the Lake Elsinore Senior Center regarding proposed revisions to the Public Transportation Fixed Bus Routes within Riverside County. This is an opportunity for people to give their input. o On Thursday, February 19, the Economic Development Workforce Committee will hold their monthly luncheon at Lake Elsinore Diamond Club from 11 :30 am to 1 :30 pm. Reservations are required. o Monday, February 23rd, the Smart Walkers Senior Walking Club, will meet at 12:00 pm at the Senior Center. o Thursday, February 24th it's the Lake Elsinore Students of the Month Luncheon at 12:00 pm. hosted by the Sizzler Restaurant on Casino. o Thursday, February, 26th is the Lake Elsinore Chamber of Commerce Business Networking Mixer at 5:30 pm to 7:30 pm hosted by the Plaza Lakeview Medical Campus Located on 31567 Canyon Estates Drive. CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS City Treasure Baldwin announced he is hoping to bring to the Council either at the next study session or in March a process and policy for audit, and a process for establishing the investment policy. n n n CITY COUNCIL COMMENTS Council Member Hickman announced that the Riverside Transit Agency will be holding comments for the buses, interlining Route 7 and 8 which will reduce the route time to 45 or 50 minutes for each and will work in conjunction with each other. Some areas of service will be eliminated because between 22 and 24 bus drivers will have to be eliminated, which will have some effect on the City; however, the City is maintaining bus fares. He encouraged bus riders to come to the Senior Center on Thursday the 19th between 1 :00 and 2:00 pm. He wished all the women a Happy Valentine's Day. Mayor Pro Tem Melendez acknowledged Code Enforcement Officer Slater, Sgt. Smith and his team, Sgt. Chavez, Deputy Morales, Deputy Lebren, Deputy Stewart and Chris Erickson and his team. All of these people helped to subdue a resident who was terrorizing a neighborhood and who was subsequently arrested. She noted that Code Enforcement duties go above and beyond writing tickets. Councilman Buckley announced the Animal shelter JPA meeting was delayed until February 18th at Murrieta City Hall at 3:00 pm. He asked whether a member of the JPA can purchase JPA bonds. City Attorney Leibold advised that staff was looking at the City's Investment Policy and some related issues. He pointed out the newspaper article and photo that Ms. Atkins had earlier referred to pointing out skinny ties and ash trays he knew it was from the 60's. He congratulated Gil Rasmussen on his appointment to the Wildomar Cemetery District Board. Councilwoman Bhutta thanked everyone who attended the meeting and those who were watching and participating in the City Council meeting. She also thanked Mr. Weiner and Mr. Dennis and the staff for their work on the General Plan and the Graffiti Action Plan. She reminded everyone to shop locally. Mayor Magee reminded everyone to remember their valentine on Saturday. ADJOURNMENT Their being no further business to come before the Council, Mayor Magee adjourned the meeting at 9:05 pm. CITY CLERK