HomeMy WebLinkAbout02-10-2009 SS
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MINUTES
JOINT CITY COUNCIUREDEVELOPMENT AGENCY
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, FEBRUARY 10, 2009
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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
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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.
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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.
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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.
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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
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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
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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.
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(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
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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.
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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
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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.
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K Y, CHAIRMAN
INORE REDEVELOPMENT AGENCY
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