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HomeMy WebLinkAbout02-10-2009 SS In n n MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 10, 2009 ..............................................................................1 CALL TO ORDER - 4:00 P.M. Mayor Magee called the meeting to order at 4:04 pm. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILMAN BUCKLEY COUNCILWOMAN BHUTTA COUNCILMAN HICKMAN ABSENT: NONE. Also present: City Manager Brady, City Attorney Leibold, 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, and Interim City Clerk Cowley. CLOSED SESSION 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) PRESENTATIONS/CEREMONIALS Mayor Magee advised that to night there would be an animal or circus theme to the presentations. The Riverside County Fair and Date Festival begin either next week or the end of this week. Queen Madi Dipietro, and her Court Amariz Mendoza, and Stacy Jones, will be making a presentation and they will be wearing Arab dress. They will be given a certificate and an opportunity to tell about the fair. Then the Future Farmers of America, Desiree and Cody will come up and bring their animals with them. They will be displaying their animals at the County Fair. Following them, Animal Friends of the Valley will be thanked and recognized for everything they do in our valley. Mayor Magee confirmed that the NAACP would have representatives present to accept the proclamation and City Manager Brady advised that he received a call from the Chamber of Commerce and they did not have anyone available to give the update this evening. Council recognition of Queen Scheherazade and her Court - Riverside County Fair & National Date Festival n Council recognition of Desiree Nordgren - Future Farmers of America Council recognition of Cody Wessel - Future Farmers of America Council recognition of Animal Friends of the Valleys Council recognition of Black History Month ""- Brian Tisdale, President and Loraine Watts, NAACP Chamber of Commerce Update PUBLIC COMMENTS - NON.AGENDIZED ITEMS There were no public comments. CONSENT CALENDAR (2) Approval of City Council Minutes n I I Recommendation: Approve the following minute(s): a) Joint City Council/Redevelopment Agency Meeting - January 27, 2009 (3) Warrant List Dated January 29. 2009 Recommendation: Authorize payment of Warrant List dated January 29, 2009. Hickman asked questions. Councilman Hickman asked about the following warrants: . 98555 to First American Core Logic. The Council was advised that is for a real estate program Code Enforcement uses for tracking foreclosed houses. . Warrant No. 98586 to Ortiz Enterprises. Council was informed that was for construction on State Route 74 and confirmed that the contract inspector would be working on that project. . Warrant No. 98588 to Perera Construction & Design. Council was informed that is related to Rosetta Canyon Fire Station/Park. (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. n Councilman Hickman asked about the claims against the City for Dexter indicating he drives Dexter every day and he hasn't seen any big holes that tear up his tires. Council was informed that Public Works fill in the pot holes on a daily basis. n . I n n Councilman Buckley asked about the false arrest claim filed by Loria Gill. The City Attorney advised that the claim states she was falsely arrested because of false information given by her employer. (5) Franklin Street Drainaae Reoair 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. Councilman Hickman asked if the City recently did some drainage repairs just past Ellis on one of the streets. Public Works Director/City Engineer advised that the City did some minor drainage repair mostly with asphalt dykes to control the wear, confirming that this project was going to be a storm drain inlet. He added that it was a low point that was not discovered until after the fact. Mr. Seumalo indicated that the work did include crossing the road to connect it to the existing storm drain around the corner requiring the road to be patched after the work is complete. Councilwoman Bhutta asked if these were the only two bids the City received. Staff confirmed that the project was out to bid for a three-week minimum. Mayor Pro Tern Melendez questioned the reason for the seepage and why it was not discovered before the project was completed. Mr. Seumalo indicated he actually discussed this with the project manager and after reviewing the design there was no indication of the drainage problem. Mr. Seumalo confirmed the original contractor was not responsible for this. Staff actually talked to the contractor about it and was shown the original plans and the roadway was constructed to the plans. (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. Mayor Pro Tern Melendez asked whether the 11 % decrease in rate was for the Rosetta canyon Fire station as well. Mr. Seumalo clarified that it is the cost for Mr. Ramey's services whenever the City uses him. Mayor Pro Tern Melendez asked how long Mr. Ramey would be used as a construction manager. Mr. Seumalo advised that staff intended to use Mr. Ramey's services on current as well as future projects. He clarified that when the City Council awarded the original contract, his services were specifically for the Rosetta Canyon Fire Station Park and the interchange projects. Staff wants to expand his role. I' I I n I ! I i n Councilwoman Bhutta asked if Mr. Ramey's rate was comparable to other people providing similar services. Mr. Seumalo confirmed it was actually a little lower especially for the quality of services the City will be getting. Mr. Seumalo confirmed that Mr. Ramey is budgeted for 40 hours per week, but his services would be on an as needed basis. Mayor Magee asked Mr. Seumalo to elaborate on the tour he and City Manager Brady took with Mr. Edmondson and his brother. Mr. Seumalo advised that Mr. Edmondson identified a couple of locations where he was concemed about the street improvements specifically around Dexter Avenue and Minthorn. He and the City Manager discussed the quality of roads that are being completed with him. He indicated Mr. Edmondson did not seem to be concerned with the CIP projects, but were concerned with the quality of street improvements on private development. Mr. Seumalo reviewed this information with staff that is moving forward to make the corrections so the product the City gets is the best. He indicated a road should last 15 years with proper maintenance before major work has to be done and Mr. Seumalo felt the City is not getting that so they helped us identify what staff needed to do. Mr. Seumalo confirmed that Mr. Ramey was going to help hold that standard stating that Mr. Ramey has had extensive field work experience, knows construction and construction methods and knows when corners are being cut. Mr. Ramey is also very adept at design and is very good at reviewing designs. He assisted staff with Dexter Avenue plan review and found a lot of holes that would have otherwise taken longer for staff to discover. He is raising the bar for staff to fill those holes from a design standpoint through construction where the City sees the resu Its. (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: Property Owners to be Notified Recommendation: That the City Council adopt Resolution No. 2009-2 and direct staff to begin the abatement process for this year. (9) General Plan Update Discussion Reaardina Country Club Heiahts. the Historic District. and Proaress ReporVTimeframe Recommendation: The City Council direct staff as deemed appropriate. Councilman Hickman asked if there has been a meeting of the minds with Joe Huband. Acting Community Development Director indicated that they have met half way and have made some concessions and Mr. Huband was under the understanding that some areas needed to remain at a lower density because of the topography, infrastructure n n o and the other issues at Country Club Heights. He confirmed that the top of the hill would remain hillside. Councilman Buckley addressed the Downtown Master Plan Indicating that once the plan is finished it becomes part of the General Plan so the EIR does not have to be redone even though the maps are technically different they have the same traffic flows and the same number of people. Mayor Magee indicated the part of the Downtown Master Plan he saw was very impressive; however, he wanted to know the designation of the area of property the City owns on the corner of Limited and Spring. He stated it is labeled Waterfront and the City's historic Revised Alternative 1 has it as Floodway. Acting Community Development Director Weiner confirmed the designation is Residential/Mixed Use, for the time being, which would also include commercial, but not institutional. Councilman Hickman asked where City Hall is planned. Acting Community Development Director Weiner advised that City Hall would be located toward the Lakefront District across the street from the City Park. Mr. Weiner advised that staff would be showing a PowerPoint at the 7:00 pm meeting and staff would have a slide to focus on that area to clarify what's there. CounCilwoman Bhutta asked what "exceptional architecture" meant in the Downtown Recreational Section on page 3 of 27 in the paragraph stating that all commercial facilities is required to have "exceptional architecture." Mr. Weiner advised that the General Plan would not identify "exceptional architecture," but the Downtown Master Plan document would have very specific design guidelines that will establish those thresholds. Mayor Pro Tern Melendez asked what the definition of Lakefront Recreational was. Mr. Weiner explained that should read Downtown Recreational. She asked for the area where six story high buildings would be allowed. Councilman Buckley responded Indicating the idea is to have office buildings plus space for the train station and three pads for a cluster of office buildings each being limited to a certain number of stories so that together they do not exceed a certain number of stories. Councilman Hickman asked for an explanation of the area designated as Lakefront Recreational. Mr. Weiner explained that based on the discussion at the October meeting, that area would be limited to lake-related recreational uses. He explained further that the area along Riverside Drive was designated Commercial, Commercial- mixed Use all along Riverside Drive to the campground then it becomes Recreational again for a portion leading to Grand in front of the high school. Mayor Magee added that the area between Illinois and Cheney is the area that the previous Council voted to leave as Recreational adding that he was the only one that voted that the property owners ought to have the ability to do something with their property Il II o APPEAL{S) (10) Continuance of the Appeal of the Plannina Commission's Action Relative to the Approval of Conditional Use Permit No. 2007-18: a Reauest 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. Mayor Magee announced this item was going to be continued so at the 7:00 pm meeting he will ask for a motion to continue the matter to February 24th. The City Attorney advised that the public hearing did not need to be opened but Council did need a vote to continue it to a date certain. The City Manager advised that staff needed additional time and the appellant was okay with the continuance. Acting Community Development Director Weiner confirmed for Council that an easement was given for the applicants to have driveway space for proper ingress and egress out of the parking area. He also confirmed that it would not be opened for parking for fisherman and the applicant will asphalt the driveway. Councilman Buckley asked what the City was getting for the easement. Mr. Weiner responded that that was still to be negotiated. If the project is approved then the second step would be to negotiate how that easement is going to work out and what fees, if any. BUSINESS ITEM(S) (11) Resolution of the Aaencv Adoptina the Report to City Council for the Amended and Restated Redevelopment Plans for the Laauna Redevelopment Proiect Areas No. I. II. and III. Submittina the Report and the Updated Plans to the City Council and Consentina to a Joint Public Hearina: and a Resolution of the City Council Acknowledaina Receipt of the Documents and Consentina to and CallinQ a Joint Public Hearina Recommendation: The City Council adopt Resolution No. 2009-3 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. Mayor Magee announced that Council would actually bypass this item until after it has been considered it on the Redevelopment Agency Agenda. n lJ o (12) Graffiti Action Plan Adootion 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 Hickman acknowledged that he read in the paper that Carls bad and another City uses Graffiti Tracker or some type of software that has cut down the graffiti drastically. Councilman Hickman asked if staff was cognizant of that and if it would be worth the City doing the same thing. . Mark Dennis addressed Council indicating he had a handout for Council and Graffiti Tracker is a proprietary database that is in staff's recommendation. Staff will be contracting with that company to use their software which is part of staff's recommendation. More importantly he wanted to point out the budget recommendations because the newspaper article today was not accurate. He wanted to make it clearly understood that the surveillance program is in the budget. What these figures show is the funding mix. He indicated staff was looking at some law enforcement grant to offset some RDA funds and it appears the city has funds available to do that. Mayor Pro Tem Melendez asked what the timeline for the pilot program was because it is separate from the Graffiti Tracker. Mr. Dennis explained that the reason they appear to be connected is that originally the CIP was going to be one source for those two purchases. However, the Graffiti Tracker is a separate purchase from the surveillance camera project. Graffiti Tracker is something the City can obtain right away. The range of costs is based on the number of incidents. Mr. Dennis added that the schedule indicates that staff would implement the pilot program In April by putting out a bid for the camera equipment in March. He described the technological capabilities of the cameras to Council stating that each camera cost $7,999 and the Graffiti Action Plan called for five cameras. Thereafter followed a lengthy discussion regarding the costs and funding sources for the equipment being recommended for the Graffiti Action Plan. Mr. Dennis explained the changes indicating the CIP was originally proposed to be the funding source for Graffiti Tracker and the digital GPS cameras and the QUESTAR surveillance camera. The costs were too much for the $35,000 so staff is proposing to use the unused Supplemental Law Enforcement Grant funds in the amount of $38,000 for the actual equipment purchase and the $35,000 in CIP funds will be the source for Graffiti Tracker. He explained the Reason for moving these sources around is to better tie the available funds with the purposes of law enforcement, graffiti nexus. He wanted Council to see that the total cost is achievable in the existing funds that are in this 2008-09 Fiscal Year. Thereafter, Mr. Dennis provided a lengthy explanation of staff's proposal for funding the purchase of the equipment to implement the Graffiti Action Plan and provided details on the cost of the Graffiti Tracker software. Mayor Pro Tem Melendez asked if staff has contacted any other cities who have used this program to find out how it works for them. Mr. Dennis advised that the Graffiti Task Force spent at least eight months doing research and one of the field observations was ~n II :1 il !I " n o at San Jacinto for the Graffiti Tracker software and QUESTAR cameras. What the task force found in the analysis is that QUESTAR is widely used but there has not been a lot of evidence in the record associating the success rate of that system with other program activities so they want to design a pilot study not only to learn more about these kinds of surveillance equipment but to develop confidence that this is a good use of money for a six thousand dollar camera. He confirmed that the City has not received any new grant funds, but the Supplemental Law Enforcement are grant funds the police have already received and the City will use those funds to help with the pilot program. Mr. Dennis reiterated how the equipment for the Graffiti Program was going to be funded for Councilwoman Bhutta who requested confirmation of her understanding of what had been explained. Councilman Hickman questioned the education and outreach costs for printing, mailing and graphics. Mr. Dennis explained it was for a Graffiti newsletter, helping literature for the businesses and institutions the City would be working with. Councilman Hickman felt that if the reward has been increased and this program was successful, the newspapers could be used as a deterrent rather than spending money for the printing and mailing. Mr. Dennis explained that the community needs to be made aware of the ordinance, the enforcement, penalties and restitution provisions. Thereafter followed a discussion regarding the outreach program. Further explanation on the funding sources was provided by City Manager Brady. Councilwoman Bhutta suggested staff send out a short e-mail to the middle school and high school officials a brief description and information so the teachers can go over it with their students so the students understand the rules and the consequences. Mr. Dennis confirmed for Councilman Hickman that part of the Action Plan's recommendation was to work closely with the schools and campus officers. Councilman Buckley asked if the cameras would be relocated to different areas that have been repeatedly hit, upon request by residents. Mr. Dennis advised that was part of the reason for the pilot program. Staff knows, by recordkeeping where the problems occur and staff will be trying to determine what the deterrent value is plus their effectiveness in actually capturing data that is useful so there is opportunity for the City to work with neighborhoods that are experiencing issues. Mr. Dennis again explained the technology of the cameras and how they work. Councilman Buckley felt the mailer was a good idea because it is the parents that will be responsible for damages and the mailer will be a notice to them of the consequences of their children's actions. Mayor Magee noted the City still had the ability to stuff CR&R's bills and expressed his view that when a parent is paying the bill if they get a notice from the City that states they will be responsible to pay for graffiti clean if their child is caught will get their attention. He also felt a notice needed to be mailed out through the schools passing out flyers along with some presentation to different age groups. He did not think it made sense to advertise in the newspapers any more with readership and circulation going down. I i n n PUBLIC COMMENTS - NON-AGENDIZED ITEMS None. The City Council recessed to the Redevelopment Agency at 4:54 pm. REDEVELOPMENT AGENCY ROLL CALL Chairman Buckley announced the roll call will stand as read. PUBLIC COMMENTS CONSENT CALENDAR (2) Approval of Redevelopment Aqencv Minutes Recommendation: Approve the following minute(s): b) Joint City Council/Redevelopment Meeting - January 27,2009 (3) Warrant List Dated January 29. 2009 Recommendation: Authorize payment of Warrant List dated January 29, 2009. PUBLIC HEARINGCS) No public hearings scheduled. BUSINESS ITEMCS} (4) Resolution of the Aqencv Adoptinq the Report to Citv 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 City Council and Consentinq to a Joint Public Hearinq: and a Resolution of the City Council Acknowledqinq Receipt of the Documents and Consentinq to and Callinq a Joint Public Hearinq Recommendation: The Agency adopt the Resolution No. 2009-1 Approving and Adopting the Agency's Report to the City Council on the Proposed Amended and Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III, Submitting said Report and the Proposed Amended and Restated Redevelopment Plans to the City Council of the City of Lake Elsinore, and Consenting to a Joint Public Hearing with the City. CLOSED SESSION City Attorney Leibold announced the agenda for the Redevelopment Agency includes n n n one item of closed session regarding real property negotiations under the authority of Gov't Code ~54956.8. The property is identified by parcel number under Item 1(a); the negotiating parties are the Agency and Pioneer Lumber; under negotiation is price and terms of payment. The City Attorney advised that after the posting of the agenda, the Chairman was notified of the need to add one additional closed session under the authority of Gov't Code ~ 54954.2 that relates to real property negotiations for properties located at APN 374-174-013,016 and 017, Thomas Martin. That item can be added this evening under the Brown Act upon a motion and a two-thirds vote. Member Bhutta moved to add the item to the agenda, second by Member Magee. The motion unanimously carried by the following vote: AYES: Chairman Buckley, Vice- Chairwoman Bhutta, Member Hickman, Member Magee and Member Melendez. NOES: None. 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-174-018, 374-262-013 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Elsinore Pioneer Lumber Company Under negotiation: Price and terms of payment The City council reconvened at 4:57 pm. CLOSED SESSION City Attorney announced the City Council had one item on Closed Session this evening under the authority of Gov't Code Section 54956.9(b); one potential case of anticipated litigation. ADJOURNMENT There being no further business to come before the Agency and Council, the meeting was adjourned at 4:57 pm. ~ K Y, CHAIRMAN INORE REDEVELOPMENT AGENCY /////