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HomeMy WebLinkAbout03-11-2014 City Council MinutesTuesday, March 11, 2014 CALL TO ORDER 5:00 P.M. City of Lake Elsinore Meeting Minutes - Final City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITYMANAGER 7:00 PM Mayor Johnson called the meeting to order at 5:00 p.m. ROLL CALL LAKE- ELSINORE.ORG (951) 674 -3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Mayor Johnson, Mayor Pro Tem Manos, Council Member Hickman, Council Member Magee, and Council Member Tisdale Also present: City Manager Yates, City Attorney Leibold, and City Clerk Bloom CITY COUNCIL CLOSED SESSION 1 a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) AMERICAN HUMANIST ASSOCIATION vs. CITY OF LAKE ELSINORE Case No. EDCV 13 -00989 1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8) Property: APN # 347 - 120 -050 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Smartlink LLC Under negotiation: Price and terms of payment 1c) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8) Property: APN #370 - 120 -045 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Richard Kane & Darlene Ryan Under negotiation: Price and terms of payment City of Lake Elsinore Page 7 Cultural Center City Council Meeting Minutes - Final March 11, 2014 1d) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE SECTION 54957(b)): CITY MANAGER City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Agenda Item Nos. (1 a), (1 b), (1 c), and (1d). The City Council recessed to Closed Session at 5:01 p.m. PUBLIC COMMENTS None CALL TO ORDER - 7:00 P.M. Mayor Johnson called the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE Greg Morrison led in the pledge of allegiance. ROLL CALL PRESENT: Mayor Johnson, Mayor Pro Tem Manos, Council Member Hickman, Council Member Magee, and Council Member Tisdale. Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative Services Director Simpson, Lakes, Parks & Recreation Director Kilroy, Community Development Director Taylor, Interim Public Works Director Eskandari, Police Chief Kennedy- Smith, Police Chief Hollingsworth, Fire Chief Barr, and Deputy City Clerk Gir6n. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss Item Nos. (1a), (1 b), (1 c), and (1 d) and that there was no reportable action. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 1 MINUTE None City of Lake Elsinore Page 2 City Council Meeting Minutes - Final March 11, 2014 PRESENTATIONS / CEREMONIALS Bonnie Woodrome, Elsinore Valley Municipal Water District ( EVMWD), provided a presentation regarding the upcoming EVMWD sewer and lift station improvement project on Mission Trail Road in the Cities of Lake Elsinore and Wildomar. Mayor Johnson presented a proclamation declaring World Spay Day to Willa Bagwell of Animal Friends of the Valleys. Mayor Johnson presented a Certificate of Recognition to Donna Grunow, a Storm Stadium employee, who conducted a fundraising event for the first special needs (ADA) swing in the City of Lake Elsinore. Council Member Hickman presented the City Champion trophies to both the Elsinore High School football and basketball teams. CONSENT CALENDAR ID# 14 -033 Approval of Minutes It is recommended that the City Council approve the Minutes as submitted. ID# 14 -034 Warrant List Dated February 27, 2014 It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated February 27, 2014 ID# 14 -035 Fiscal Year 2013 -14 Mid -Year Operating Budget Status Report - General Fund Staff recommends that the City Council approve the Fiscal Year 2013 -14 Mid -Year Operating Budget, as reflected and adjusted in the attached Exhibits. Motion by Council Member Hickman, seconded by Tisdale, to approve all items identified on the Consent Calendar; the motion passed by unanimuos vote as follows: AYES : Council Member Hickman, Council Member Tisdale, Council Member Magee, Mayor Pro Tern Manos, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 3 City Council Meeting Minutes - Final March 11, 2014 PUBLIC HEARING(S) - None None APPEAL(S) - None None BUSINESS ITEM(S) ID# 14 -036 Second Reading and Adoption of Ordinance No. 2014 -1322 It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2014.1322, an Ordinance of the City Council of the City of Lake Elsinore, California, Amending and Restating Chapter 12.14 of the Lake Elsinore Municipal Code regarding Rotational Towing Services, by roll -call vote. Motion by Mayor Pro Tem Manos, seconded by Council Member Hickman, to waive further reading and adopt by title only Ordinance No. 2014 -1322. City Clerk Bloom read the title of the ORDINANCE NO. 2014 -1322, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 12.14 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ROTATIONAL TOWING SERVICES; the motion passed by unanimous roll -call vote as follows: AYES : Mayor Pro Tem Manos, Council Member Hickman, Council Member Magee, Council Member Tisdale, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None ID# 14 -037 An Ordinance of the Citv Council of the City of Lake Elsinore, California Requiring the Mandatory Spay and Neutering of Pit Bull Breeds Resolution Establishing Fines and Penalties for Violation of Chapter 6.04 of the Lake Elsinore Municpal Code Regarding Animals and Animal Control Officers 1. Introduce by title only and adopt by roll call vote Ordinance No. 2014.1323 adding section 6.04.235 of Cahpter 6.04 of the Lake Elsinore Municipal Code requiring the mandatory spaying neutering of pit bull breeds. 2. Adopt Resolution No. 2014.012 establishing fines and penalties for violation of Caphper 6.04 of the Lake Elsinore Municipal Code Regarding Animals and Animal Control Officers. City of Lake Elsinore Page 4 City Council Meeting Minutes - Final March 11, 2014 Lake, Parks and Recreation Director Kilroy provided the staff report and recommendation to Council. The following individuals spoke in opposition of Ordinance No. 2014 -1323: Robert James Allen, Zia Bossenmeyer, Sarah Cope, Ricardo Bengochea, Josh Liddy, and Michelle Chavez. Ms. Monica Mestas with FTASpay said they have not taken a position on mandatory spay or neutering. Dr. Allen Drusys, County of Riverside Chief Veterinarian, stated that there have not been any problems since the County's adoption of the Pit Bull sterilization ordinance. Dr. Drusys explained that the ordinance's intent is to convince the public to take responsibility for spaying or neutering their pit bulls. He explained the Pit Bull population, euthanized dog percentages, and stated Pit Bulls have become a burden to the animal shelter system. Council Member Hickman inquired how this ordinance would specify that pit bulls are different from other breeds. Dr. Drusys answered that from a licensing perspective it is the owner that determines the breed of the dog. There are also certain genetic tests that can determine the breed. Mayor Pro Tem Manos asked which is the second most impounded dog. Dr. Drusys answered Chihuahua is the second most impounded dog. The view point from an animal sheltering and rescue is that Chihuahuas are easier to adopt. Mayor Pro Tem Manos asked why aren't all dogs required to be spayed or neutered. Dr. Drusys stated that the Riverside County Board of Supervisors adopted an ordinance that is used as a secondary enforcement. Director Kilroy asked Dr. Drusys which dogs presented a greater threat to public health and safety. Dr. Drusys answered that all dogs bite but that the Pit Bulls cause the greatest damage. Mayor Johnson asked Director Kilroy to provide Mayor Pro Tem Manos with clarification as to why a more generalized mandatory spay or neutering is not considered. Director Kilroy replied that there are multiple options that address this problem. The ordinance presented to Council is the beginning act of enforcement. Staff plans on returning to Council to report on the enforcement of this act. Council Member Hickman stated that Council should consider an ordinance that requires all dogs to be spayed or neutered, instead of one specific breed of dogs and should exclude show dogs and breeders. Willa Bagwell with Animal Friends of the Valleys stated that she agreed that the only way to stop the killing of animals in shelters is affordable spaying and neutering and making dog owners responsible. She informed Council that all dog breeds bite, but do not cause the damage that Pit Bulls are capable of. City or Lake Elsinore Page 5 City Council Meeting Minutes • Final March 11, 2014 Council Member Tisdale stated the purpose of this ordinance is to initiate a plan to tackle the issue of irresponsible owners. He plans to return to Council to present a comprehensive plan that would address problems such as spaying and neutering, affordable licensing fees, and micro - chipping. Council Member Tisdale also stated that the money used to shelter animals can be used to fund road improvement projects in the City. Officer Middleton, with Animal Friends of the Valleys, stated that this ordinance will not affect responsible Pit Bull owners. In the City of Lake Elsinore, most of the dogs picked up by animal control are Pit Bulls that belong to irresponsible owners. Officer Middleton said the solution to this problem is spaying and neutering and making owners responsible. Council Member Magee stated that pet ownership is a responsibility, not a right. Affordability and accessibility of spay and neutering clinics are absolutely needed. The County of Riverside has a Neuter Scooter which periodically visits community centers throughout the County and offers reduced service rates. Animal Friends of the Valleys has worked with veterinary services that offer special rates. Council Member Magee stated that he agrees in providing more money for animal control services to ensure that enforcement is taken seriously. The proposed ordinance is the first step in addressing the Pit Bull problem. Motion by Council Member Magee, seconded by Council Member Tisdale, to waive further reading and introduce by title only Ordinance No. 2014 -1323. City Clerk Bloom read the title of the ORDINANCE NO. 2014 -1323, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 6.04.235 OF CHAPTER 6.04 OF THE LAKE ELSINORE MUNICIPAL CODE REQUIRING THE MANDATORY SPAYING AND NEUTERING OF PIT BULL BREEDS; the motion passed by 4 -1 roll -call vote as follows: AYES : Council Member Magee, Council Member Tisdale, Council Member Hickman, and Mayor Johnson NOES : Mayor Pro Tem Manos ABSENT: None ABSTAIN: None Motion by Council Member Magee, seconded by Council Member Tisdale, to adopt Resolution No. 2014 -012 establishing fines and penalties for violation of Chapter 6.04 of the Lake Elsinore Municipal Code Regarding Animals and Animal Control Officers; the motion passed by 4 -1 vote as follows: AYES : Council Member Magee, Council Member Tisdale, Council Member Hickman, and Mayor Johnson NOES : Mayor Pro Tem Manos ABSENT: None ABSTAIN : None PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES City of Lake Elsinore Page 6 City Council Meeting Minutes - Final March 11, 2014 None CITY MANAGER COMMENTS City Manager Yates thanked staff for their hard work in preparing the Cultural Center building and introduced new Police Chief Lennie Hollingsworth. CITY ATTORNEY COMMENTS None CITY COUNCIL COMMENTS Council Member Hickman welcomed Police Chief Hollingsworth and stated that he is looking forward to working him. Council Member Hickman announced the Devaney Memorial Ceremony will be held at McVicker Park on March 22nd at 3:30 p.m.; the paving project in the downtown area; speed reading signs up throughout the City, and reminded the public to be safe on St. Patrick's Day. Council Member Magee welcomed Police Chief Hollingsworth. Council Member Magee thanked City Manager Yates and staff for a tasteful job done with the interior and exterior of the Cultural Center. Council Member Tisdale welcomed Police Chief Hollingsworth and stated that Chief Hollingsworth is familiar with this area and has a diversified background. Council Member Tisdale stated that staff did a great job on the Cultural Center. He also stated that the purpose of the Pit Bull Ordinance is to make irresponsible owners do the right thing. Mayor Pro Tem Manos welcomed Police Chief Hollingsworth. He stated he can appreciate the spaying and neutering, but felt that a more comprehensive ordinance could have been developed. Mayor Pro Tem Manos announced the Devaney Memorial Ceremony on March 22nd. He stated that he is impressed with the Cultural Center improvements and complimented staff and Mayor Johnson. Mayor Johnson welcomed Police Chief Hollingsworth and stated that Council was excited to have him in the City. She thanked staff and Mr. William Johnson for attending the Fred Hall Show. Mayor Johnson welcomed the following new businesses to the City: Elsinore Care Dental and Robinson's Enterprises. She stated that Council appreciates the public's comments regarding the Pit Bull Ordinance; the goal is to have responsible pet owners. Mayor Johnson stated that she and Mayor Pro Tem Manos are very excited and proud of the Cultural Center building. She thanked the Lake Elsinore Historical Society and staff for their work. Mayor Johnson also thanked the Budget Subcommittee, Council Member Magee, and Administrative Services Director Simpson for their work on the Mid -Year Budget. City of Lake Elsinore Page 7 City Council Meeting Minutes ADJOURNMENT March 11, 2014 Mayor Johnson adjourned the meeting at 8:35 p.m. to the next regularly scheduled meeting to be held on Tuesday, March 25, 2014, at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California. 7 Nat ha Johnson, Virginia J. �Ioom, O ty Clerk City of Lake Elsinore Page a