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HomeMy WebLinkAbout02-24-2004 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 24,2004 - 5:00 P.M. ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pro Tern Kelley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake/Aquatic Resources Director Kilroy, and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (2 cases) (F:40.1)(X:52.1) B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager. (F:46.1) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8) Page Two - City Council Minutes - February 24, 2004 - Property: Assessor Parcel Numbers 347-330-045, 347-330-046, 347-330- 051,347-330-50,347-330-052,347-330-053, 347-330-019, 347-360- 004, 347-360-005,347-360-03,347-250-006, 347-250-007; 347-250-008, 347- 350-003; 347-350-014; 347-350-015; 347-360-006 and 347-360-007 Negotiating parties: Wasson Canyon Investments, L.P., A California Limited Partnership, South Shore Properties, LLC, a Nevada limited liability company, the Treasurer of the County of Riverside and the City of Lake Elsinore Under negotiation: terms of payment (F:40.1) City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. - The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Pro Tern Kelley reconvened the Regular City Council Meeting in public session at 7: 1 0 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake/Aquatic Resources Director Kilroy, Police - Page Three - City Council Minutes - February 24, 2004 Chief Walsh, Engineering Manager Seumalo, and City Clerk/Human Resources Director Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Dolores Mayhall. INVOCATION - MOMENT OF SILENCE Mayor Pro Tern Kelley led the meeting in a moment of silent reflection for Bill "Whiskers" Tucker and his family. PRESENTATIONS/CEREMONIALS a. Proclamation - John Costa - Celebration of lOOth Birthday. (F:122.l) Mayor Pro Tern Kelley called Mr. Costa and family forward for presentation; and read and presented the Proclamation honoring Mr. Costa on his lOOth Birthday. Mr. Costa and his family thanked the Council for this recognition. b. Proclamation - Rotary Club - 50th Anniversary. (F:122.l) Mayor Pro Tern Kelley invited all Rotary Club members in attendance forward for presentation, and noted that Community Development Director Brady was the current President of the Lake Elsinore Chapter. She noted the contributions of the Rotary Club including the FIT Committee, bus benches, monument signs, participation in the Student of the Month program, international projects in Mexico and speech contests. She read and presented the Proclamation to the group and commended the on their contributions to the community. Community Development Director Brady noted the organization's lOOth year as a service organization and indicated that the local group currently had 51 members. He detailed their Page Four - City Council Minutes - February 24, 2004 - sponsorship of the Youth Leadership Program, and indicated that he was honored to be the President of the local chapter this year. CLOSED SESSION REPORT City Attorney Leibold reported that all items were discussed, with no reportable action; however it was anticipated that the next meeting would include a public item on goals and objectives for the City Manager. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE George Alongi commented on the contributions of Bill "Whiskers" Tucker to the community; noting that he was the best ambassador the City had ever had for the Lake. He indicated that Mr. Tucker gave a part of his life to the Lake, and suggested that the City do something for the family to commemorate his service to the community. Mayor Pro Tern Kelley requested that staff prepare a - Proclamation recognizing his efforts. Dolores Mayhall expressed concern with the parking lot across the street from the Cultural Center, where someone got stuck for 2-1/2 hours, because people would not move their cars. She suggested that the lot should be monitored during special events, noting that there had been several times when she had to drive over the sidewalk to get out of the lot. Donna Lucas, representing the Downtown Merchants, addressed a permit being proposed for bail bonds on North Main Street. She indicated that she had a petition by 80% of the Merchants, noting that they had a different vision for the District. She suggested consideration of what the Council would like to see on Main Street. CONSENT CALENDAR MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE - Page Five - City Council Minutes - February 24, 2004 CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were received and ordered filed: a. Planning Commission Meeting - February 3,2004. (F:60.3) 2. Ratified Warrant List for February 12,2004. (F:12.3) PUBLIC HEARINGS 21. Resolution Nos. 2004-11 to 2004-13 & Ordinance No. 1115. Determining the Validity of prior proceedings relating to Annexation of Property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement. Fire and Paramedic Services); Calling a Special Election; Canvassing Election Results; Authorizing Levy of Special Taxes for CFD 2003-1 - Annexation Area No.5 (La Laguna Phase II) and Annexation Area No.6 (Villa Martinique). (F:22.3) Administrative Services Director Pressey explained that this item was for annexation of two additional projects into the existing public safety assessment district. He advised that they would add 216 units and 84 units respectively with about $34,800 and $12,600 per year going into the District. He noted the provision of copies of the Harris & Associates annexation reports; and indicated that the only difference from prior annexations was the boundary map and delineation of the property. Mayor Pro Tern Kelley opened the public hearing at 7:29 p.m., asking those persons interested in this item to speak. There were no requests to speak. Councilman Magee indicated that his first question had been answered by Administrative Services Director Pressey, and expressed appreciation for the explanation. He expressed support for this action. Councilman Schiffner indicated that he was in full support of this action. Page Six - City Council Minutes - February 24, 2004 - Councilman Hickman indicated that this item was for police, fire and paramedic costs and he concurred with the action. Mayor Pro Tern Kelley supported this action. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-11: RESOLUTION NO. 2004-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND - PARAMEDIC SERVICES). MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-12: RESOLUTION NO. 2004-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION. City Attorney Leibold requested a pause in the meeting for tabulation of the ballots. - Page Seven - City Council Minutes - February 24, 2004 City Clerk/Human Resources Director Kasad reported majority support for the proposed annexations. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-13: RESOLUTION NO. 2004-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING AREA NO.5 (LA LAGUNA PHASE II) AND ANNEXATION AREA NO.6 (VILLA MARTINIQUE) ANNEXED TO THE DISTRICT. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1115, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1115 AN ORDINANCE FO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.5 (LA LAGUNA PHASE II) AND ANNEXATION AREA NO.6 (VILLA MARTINIQUE) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: Page Eight - City Council Minutes - February 24, 2004 - AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 22. Declaration of Weeds. Rubbish. Refuse and Dirt as a Nuisance. Property Owners to be Notified - Resolution No. 2004-14. (F: 166.1) Parks & Open Space Manager Fazzio explained this item, which would authorize the transmittal of notices to abate properties. He further explained that the property owners would have until May 1 st to abate their properties. City Manager Watenpaugh requested clarification of the costs to be - assessed. Parks & Open Space Manager Fazzio indicated that staff had calculated the cost per square foot at $.025 per square foot, plus a $250 administrative fee per lot abated. Mayor Pro Tern Kelley opened the public hearing at 7:34 p.m., asking those persons interested in this item to speak. There were no public requests to speak. Councilman Schiffner indicated that it was a shame that cities had to resort to this method to get people to clean their properties, but he was in favor of the proceedings. Councilman Hickman suggested if the rain continued, abatement might need to be done a second time. He commented that the Pepper Trees along Lakeshore were well trimmed and expressed support for the item. Councilman Magee concurred that he was the comments of the other Councilmembers, and expressed support of the program. He stressed that - Page Nine - City Council Minutes - February 24, 2004 this program did not happen by accident, and staff worked diligently on weed abatement. He noted that there had been nearly 125% increase in the department, but they were making significant progress on weed abatement; and concurred that the Pepper Trees were the latest, most visible item the citizens would see. He stressed that more would be occurring, but commented that this item was about those who were not complying. He commended staff on making a difference. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-14: RESOLUTION NO. 2004-14 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. BUSINESS ITEMS 31. Swick-Matich Restroom/Concession Building - Rejections of Bids. (F: 114.6) Page Ten - City Council Minutes - February 24, 2004 ""l!!l' City Manager W atenpaugh indicated that this item was included in the budget, however staff was recommending rejection of all of the bids, as they were 61 % higher than anticipated. He indicated that staff would like to reject the bids and take the opportunity to review the project. Community Services Director Sapp indicated that the project was estimated at $175 per square foot, but the bids were close to $300 per square foot. He stressed that staff would like the opportunity to review the project and determine if there were ways to reduce costs or restructure the bid documents. He commented that this was federal CDBG funds, and stressed that there were a lot of strings attached. Mayor Pro Tern Kelley clarified that this item was for the restroom building at Swick-Matich park to make it ADA compliant. Councilman Magee expressed support for staff s recommendation. - Councilman Schiffner expressed disappointment with the bids, but concurred with the recommendation. Councilman Hickman inquired if the bid could be restructured to include just the restroom; and reiterated that the League in Tuscany Hills, built its own concession stand. Community Services Director Sapp indicated that he would talk with the County, since there was CDBG money involved, noting that it might limit the ability to use volunteers. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REJECT THE BIDS AND DIRECT THE COMMUNITY SERVICES DEPARTMENT TO REVISE THE SCOPE OF WORK TO FIT WITHIN THE AVAILABLE BUDGET CONSTRAINTS, AND RE-ADVERTISE THE PROJECT. 32. Historical Downtown Merchants Association Open Air Market. (F:62.1) - Page Eleven - City Council Minutes - February 24, 2004 Recreation & Tourism Manager Fazzio, explained that this event had been occurring the first Sunday of every month since 2001; with the goods limited to new, collectible or antique merchandise. She further explained that they had requested an amendment to allow the sale of used merchandise twice a year, specifically in April and October. Councilman Schiffner commented that he realized that in the past there was a limitation on used merchandise, but suggested it was probably worth trying twice a year. He indicated that it would not effect the parking issues significantly, since it was in the same area as the monthly event. He expressed support for this request. Councilman Hickman expressed hopes that this could be presented as a giant garage sale; and suggested that other groups might want to participate. He indicated that he would like to give it a try. Councilman Magee expressed concern with the street fair, in general. He indicated that the fact that Main Street was shut down and that it impacted the restaurants in the area was of concern to him. He indicated he would like to move the event further south and have parking available for the restaurants. He stressed that he would like to allow the same courtesy other businesses have asked of him. He advised that he would vote in opposition to this item, but noted that it was not a reflection on Ms. Lucas or the organization. He stressed that final approval of the event should be conditioned to assure that the streets would be open by 5 p.m. and the trash would be picked up. Recreation & Tourism Manager Fazzio indicated that staff would review the permit in April, and could provide an overall review of the first event. Councilman Magee concurred with this approach. Mayor Pro Tern Kelley indicated that her only concern with the garage sale items, was that they would be disposed of or cleared from Main Street. She Page Twelve - City Council Minutes - February 24, 2004 - further indicated that she would also like to see the street opened by 5 p.m. for the restaurants. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 3 TO 1, WITH MAGEE CASTING THE DISSENTING VOTE AND BUCKLEY ABSENT TO APPROVE THE REQUEST BY THE LAKE ELSINORE HISTORICAL MERCHANTS ASSOCIATION TO ALLOW FOR TWO "SWAP MEET" DAYS AS PART OF THE OPEN AIR MARKET. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:45 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:49 P.M. - PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Gil Rasmussen, Wildomar, commented on the passing of Bill Tucker, and expressed his personal regret for the use of his name in the Californian article which was incomplete. He indicated that he was privileged to know Bill Tucker and very much enjoyed discussing politics and fishing. He commented that Bill added a lighter touch to public meetings and held an important place in the City's rich tapestry of characters. Paula Graver, 218 Ellis Street, indicated that it was the one year anniversary of the Support our Troops Rallies, and requested that the City Council pass another Resolution of Support for the Troops. She commented that the rally on March 13th would be very big. She requested a commitment from each Councilmember to be there at noon on March 13th for the reading of the Resolution. She further requested a Proclamation for Burger King for their support of the rallies, in spite of a threatening call. She read a poem in memory of Bill Tucker. - Page Thirteen - City Council Minutes - February 24, 2004 CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Indicated that Bill Tucker would be missed, noting that he was quite a character and a friend. 2) Noted that Mayor Buckley's absence was excused. 3) Suggested the inclusion of a statement in the Agenda, as well as a couple of reminder announcements to suggest that anyone attending City Council Meetings park in the lot across the street. CITY ATTORNEY COMMENTS City Attorney Leibold noted that she too would miss Bill Tucker. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Magee commented on the following: 1) Noted his offer to the volunteer fire fighters for equipment needs; and indicated that they had requested a thermal imaging camera to aid in rescue operations. He requested consideration of funding for this request on the next City Council agenda in two weeks. 2) Indicated that Animal Friends of the Valley had contacted him regarding modification of fee schedules; and requested that it be on the agenda in either two or four weeks. Page Fourteen - City Council Minutes - February 24, 2004 - 3) Noted that the City Manager, Mayor and himself were revising the Municipal Code regarding the Public Safety Commission. He indicated that work was completed and ready to come back to the full Council; and requested that it be at the earliest meeting possible for comments and appointments. 4) Indicated that he would like to bring forward the vacancy on the Nuisance Abatement Committee for appointment. 5) Indicated that the Mayor had set up a Committee for Country Club Heights, but he was not sure when staff would bring it forward. He suggested that it be on the agenda in four weeks, but left that decision to staff and the Mayor. 6) Requested an informational item on the next agenda regarding the status of the MSHCP. - 7) Advised Ms. Graver that he would make every effort to be at the rally early in the day, but he already had a family obligation. 8) Commented that Bill Tucker, "Whiskers" was a unique and valued character in the community, who made a difference as the unofficial ambassador for the Lake, and by promoting fishing derbies for the youth. He indicated that he gave unselfishly of himself so others could discover the Lake, the community and fishing. Councilman Schiffner commented on the following: 1) Concurred with the future agenda items requested by Councilman Magee. 2) Noted that he was first acquainted with Whiskers, when he ran for Council eight years ago, and noted his comments at a political forum for that election. He indicated that everyone liked Whiskers and he - Page Fifteen - City Council Minutes - February 24, 2004 was a lot of fun. He stressed the interest he had in the community and indicated that he would be sorely missed. Councilman Hickman commented on the following: 1) Indicated that he worked with John Meyers from the Temecula RDA; and advised that they had developed seventeen homes, and supplemented the cost. He advised that the people who had qualified for the homes were teachers, firemen and policemen. 2) Commented that Whiskers loved Lake Elsinore, the Lake, kids and fishing derbies. He suggested dedication of a fishing derby to him, as well as the July 4th Boat Parade, to show respect for Mr. Tucker. 3) Noted the recent rains and suggested Mr. Tucker was filling the Lake. Mayor Pro Tern Kelley commented on the following: 1) Congratulated Jeannine Martineau on moving up to the State School Board, and indicated that it was a feather in the hat of the community. 2) Announced that Mr. Tucker's family had indicated that services would be this Sunday at the Elsinore West Marina at 3 p.m. She indicated that the dress would be casual. She commented that Mr. Tucker was an incredible individual who thought highly of the Lake, fishing, the City and the children. She noted that the first time she met Bill he had handed her recall papers, but later took her fishing and apologized. She commented that he was quite an individual, who would be sorely missed. Councilman Hickman indicated that he would be late for the Rally on the 13th. Mayor Pro Tern Kelley noted that in-lieu of flowers for Mr. Tucker, donations could be made to Linda Tucker, P. O. Box 33, Lake Elsinore, CA, 92531. Page Sixteen - City Council Minutes - February 24, 2004 - ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:01 P.M. G EKELLEY,MAYORPR TY OF LAKE ELSINORE ATTEST: :~jLXd VICKI KASAD, C C, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE - -