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HomeMy WebLinkAbout03-11-2003 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH ll, 2003 :~x~:~x~:~~~:~~: ~:~~:~~:~~*~~~x~~r*~x*:~:r:r:~:~:~:~:r:~*:r~:~~*~~~:~~~~~~~~~x~~:~~~~ CALL TO ORDER Mayor Brinley called the Regular City Council Meeting to order at 5:11 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis, City Engineer O'Donnell, Public Works Manager Payne, City Treasurer Judziewicz and Deputy City Clerk Paredes. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956 (1 case). (F:40.1)(x52.1) City Attorney Leibold announced the Closed Session Item as listed. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:12 P.M. Closed Session was completed at 6:13 p.m. PAGE TWO - CITY COUNCIL MINUTES - MARCH 11, 2003 RECONVENE PUBLIC SESSION (7:00 pm.) Mayor Kelley called the Regular City Council Meeting to order in public session at 7:01 p.m. PLEDGE OF ALLEGIANCE City Treasurer Judziewicz led the Pledge of Allegiance. INVOCATION A moment of silence was observed. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis, City Engineer O'Donnell, Public Warks Manager Payne, City Treasurer Judziewicz and Deputy City Clerk Paredes. PRESENTATIONS A. Presentations - Recognition of Retirees. (F: ll 6.1) Mayor Brinley presented a City Tile Plaque to Building and Safety Manager Russell for 13 'h years of dedicated service to the City. City PAGE THREE - CITY COUNCIL MINUTES - MARCH 11, 2003 Manager Watenpaugh noted that Larry Russell would be retiring from the City and making a location change to start his profession in another state. He thanked Mr. Russell on behalf of the City and wished him well. Building and Safety Manager Russell thanked the Council and City Manager for the recognition and stated that he would be moving to Prescott, Arizona to live and wark. He thanked the City for the memories. Mayor Brinley presented a City Tile Playue to Administrative Services Director Boone for 13 'h years of dedicated service to the City. City Manager Watenpaugh commented that both Larry Russell and Bob Boone started working for the City on the same day and both would be retiring on the same day. He commented on the achievements of Mr. Boone through the tough times the City had experience in the last several years. He stated that he would be sorely missed. Administrative Services Director Boone thanked the City Council and City Manager Watenpaugh for the recognition and recognized his staff for their hard work and support. Mayor Brinley presented a City Tile Plaque to Deputy City Clerk Paredes for 20 '/2 years of dedicated service to the City. City Manager Watenpaugh thanked Adria Paredes for her service to the City and recognized her depth of knowledge regarding the City. Deputy City Clerk Paredes thanked the many members of the community, Council and City Manager Watenpaugh for the opportunity to be of service to the City. Donna Morian, President of the Lake Elsinore Historical Society, presented Deputy City Clerk Paredes with a Life Time Membership to the Lake Elsinore Historical Society and thanked her far all of her assistance in the past. Ms. Paredes thanked the Historical Society for the recognition. B. Presentation - Citv Treasurer Oath of Office. (F:491) PAGE FOUR - CITY COUNCIL MINUTES - MARCH 11, 2003 Mayor Brinley introduced the newly appointed City Treasurer James Judziewicz to the audience. Deputy City Clerk Paredes administered the Oath of Office to City Treasurer Judziewicz. City Treasurer Judziewicz thanked the Council far the opportunity to serve as City Treasurer. He presented an overview of his past accomplishments and stated that he was looking forward to the new experience of serving the City. He introduced his family to the Council and audience. C. Presentation - Chamber of Commerce Update. (F:108.4) Lake Elsinore Valley Chamber of Commerce Executive Director McColley commented on the following items: • Thanked the Council and staff for attending their 54"' Chamber Installation Dinner last month. • Congratulated all the 2002 award winners. Citizen of the Year - Ruth Atkins Presidents Award - Rich Lipkie, Lake Elsinore Ford. Small Business of the Year - American Printing Company • Large Business of the Year - Near Cal Corporation • Community Spirit Award - Mike Hurst - Lake Chevrolet • John Packman Memorial Award - 7ack McColley • EDC Lunch - March 13, 2003 - Diamond Stadium - 1130 a.m. to 1:30 p.m. • Student of the Month - March 25, 2003 - Sizzler - 12:00 p.m. • Monthly Business Mixer - March 27, 2003 - Lake Car Wash - 530 p.m. to 7:30 p.m. • Storm/Padre Exhibition Game - March 29, 2003 - Diamond Stadium - 6:05 p.m. • Opening Day far the Storm - April 3, 2003. • Presentation Warkshops by VSPI the date to be announced in May. PAGE FIVE - CITY COUNCIL MINUTES - MARCH 11, 2003 • Reverse Drawing set for July 17, 2003 at the Diamond Club. • Announced that for the Summer Months, Southern California Edison was planning a new pilot Program for complimentary Small Business Energy Analysis. Sign-up sheets will be at the March and April EDC Luncheons. • CETAP Corridor Issue was on the Lake Elsinore Valley Chamber of Commerce Web Site • Announced that two Mini Expos were planned to coincide with future EDC Luncheons. • Lake Elsinore Explorer would be released on April 16, 2003 in the Press Enterprise. • Congratulated Pardee Homes for their awards. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session Item A and stated that City Council unanimously directed the City Attorney to initiate litigation in the event negotiations with interested parties fail. She indicated that the action, defendant and other particulars shall not be made public until such time as the action was formally commenced. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following item and deferred to that discussion: Item No. 36 CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: PAGE SIX - CITY COUNCIL MINUTES - MARCH 11, 2003 a. City Council/Redevelopment Agency Study Session - February 11, 2003. b. Regular City Council Meeting - February I 1, 2003. c. City Council Study Session - February 12, 2003 (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Meeting - February 4, 2003 e. Planning Commission Meeting - February 18, 2003. (F:603) 2. Ratified the Warrant List for February 27, 2003. (123) 3. Authorized the City Manager to issue the "RFP for Enterprise System Replacement and Information Systems Integration Plan" through available means including the internet. (F:65.1) BUSINESS ITEMS 31. Second Reading - Ordinance No. 1090 - Regarding La La ug_na Estates Specific Plan Amendment. (F:150.2) City Manager Watenpaugh indicated that the item was heard at the last City Council Meeting and was presented to Council for a second reading. Councilman Buckley asked if what was approved at the last City Council Meeting would remain after the second reading of the Ordinance. City Manager Watenpaugh stated that it would. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1090 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1090 PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 11, 2003 AN ORDINANCE OF THE CITY COUNCIL OF TAE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING AMENDMENT NO. 1 TO SPECIFIC PLAN NO. 92-4, WHICH AMENDS CERTAIN SECTIONS OF THE LA LAGUNA ESTATES SPECIFIC PLAN BY CHANGING LAND USES AND MAHING REFINEMENTS, CLARIFICATIONS, AND UPDATES. THE LA LAGUNA SPECIFIC PLAN COVERS AN AREA WHICH INCLUDES PARCELS DESCRIBED AS APN 391-260-040, -047, -050, AND -015. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Traffic Signal Maintenance A~reement - County of Riverside. (F:68.1)(F:162.1) City Manager Watenpaugh presented an overview of the item. Public Works Manager Payne explained that the current contract with Signal Maintenance Inc., was up for review; and he explained that after staff researched the Agreement it was recommended that the Agreement be awarded to the County of Riverside. He indicated that it was staffls goal to increase service levels, improve yuality and reduce response time. He noted that after discussion with several cities in the surrounding area it was found that they also contract with the County. He explained that the City contracted with the County for the signal at Corydon and Mission Trail and found their service more PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 11, 2003 than satisfactory. He stated that the cost would not increase for existing signals, however there would be four more signals added this year and that would increase the cost. He stated that he was confident that they had adequate staffing to insure quick service. Councilman Hickman clarified that the proposal was to change service providers. Public Works Manager Payne agreed. He explained that should the Council approve the contract with the County, Public Works would like to initiate some cost savings in the future through the change of lights to LED far a savings of energy costs. Councilman Hickman stated that he would like to have the County look at the signals at I-15 and Casino Drive to improve the timing. Councilman Buckley questioned if the item went out for the bidding process. Public Works Manager Payne stated that the City did not go to bid, however there was a clause in the contract that it could be terminated within thirty days should there be someone in the private sector that could provide quality service at a lower price. Councilman Buckley asked if the new lights would be LED. Public Works Manager Payne confirmed. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO TERMINATE THE AGREEMENT WITH SMI AND ENTER INTO AN AGREEMENT WITH THE COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT FOR MAINTENANCE OF TRAFFIC SIGNALS. 33. Ordinance No. 1091 - Amending and Deleting designated Sections of Chapter 1.20 of the Lake Elsinore Municipal Code re~arding Administrative Citation Procedures. (F:104.1)(F:32.4) City Manager Watenpaugh presented an overview of the item. He indicated that the item addressed the direction of Council to make the administrative fines consistent; and noted that the resolution PAGE NINE - CITY COUNCIL MINUTES - MARCH 11, 2003 addressing the fines would be presented to Council at the next meeting. Community Development Director Brady stated that the item was an amendment to the Municipal Code to allow staff and the Sheriff's Office to have another method of citing for violations. He presented an overview of the Administrative Process that was currently being used and explained that in some instances it was not effective. He noted that the new ordinance would address persistent problems that the Administrative Process Mayor Pro Tem Schiffner clarified that it would not be necessary to issue warnings, however the office could still issue a warning if they choose. Community Development Director Brady confirmed. Mayor Pro Tem Schiffner noted that the Ordinance would address people habitually leaving trashcans out and this would allow Code Enforcement to address the problem. Councilwoman Kelley stated that she was in fa~or of the Ordinance and explained that she felt it would be more efficient and speed up the process. She noted that it would assist in the clean up process. Councilman Hickman stated that he was in favor of the Ordinance and was in favor of assisting Code Enforcement to clean up the City. Councilman Buckley questioned when the next Outlook would be distributed. Information/Communications Manager Dennis stated that the next one would be sent out July ls`. Councilman Buckley stated that he did not have a problem with the Ordinance, however he did want to remind staff and the public that warnings were still possible, however it would allow staff to take care of constant violators. Mayor Brinley stated that she was in favor of the Ordinance and looking forward to giving Code Enforcement the ability to do their job more effectively. PAGE TEN - CITY COUNCIL MINUTES - MARCH 11, 2003 MOVED BY HICKMAN, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY; ORDINANCE NO. 1091 ORDINANCE NO. 1091 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING, AMENDING, AND DELETING DESIGNATED SECTIONS OF CHAPTER 1.20 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ADMINISTRATIVE CITATION PROCEDURES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Consideration of WIN/Youthbuild Housing Program Partnershi~ (F:87.1) City Manager Watenpaugh presented an overview of the item and introduced the Director of the WIN/Youthbuild Housing Program. Maurene Chavez, Director of the WIN Program, asked for the Counci] to support for a Youthbuild Grant Program. She explained that it was an occupational program designed for 16 through 24 to promote living skills. She further explained that the program focuses on education, job training and housing rehabilitation. She noted that the program offers a Construction Occupational Skills Course that would allow the PAGE ELEVEN - CITY COUNCIL MINUTES - MARCH 11, 2003 student to obtain a contractors license or an application to a GED. She explained that the cost to the City would be a fee waiver and all the other costs were covered by the Grant. Councilwoman Kelley clarified the opportunity for education. Ms. Chavez presented an overview of the educational opportunities for the 16 to 24 age group. Councilman Buckley asked if when the houses were done, would they be sold on the open market or would they be given away. Ms. Chavez stated that the program was like Habitat for Humanity and the homes would be given away by the HUD Guidelines. Councilman Buckley questioned the fee waiver and asked if it would be done on a'house by house basis. City Manager Watenpaugh stated that it would, since each waiver would have to be presented to Council for approval. Councilman Buckley stated that he was in favor of the item. City Manager Watenpaugh suggested that since it was for low income, he asked if they had considered housing for homeless as well. Ms. Chavez stated that she would check into the requirements. Councilman Hickman questioned if the youth started from scratch. Ms. Chavez stated that they started from the design of the blueprints to the finished product. Councilman Hickman asked if that would include rehabilitation. Ms. Chavez stated that it was part of the Grant Program. Councilman Hickman stated that he was in favor of the training and education. Mayor Pro Tem Schiffner stated that he was in favar of the program. Mayor Brinley questioned the reyuirements for licensing. She asked if that included college. Ms. Chavez stated that they worked through Mount San Jacinto College. She indicated that Mount San Jacinto College, Edison, Home Depot, the School District and some private contractors sponsor the program. Mayor Brinley asked if the Grant PAGE TWELVE - CITY COUNCIL MINUTES - MARCH ll, 2003 Program qualified under the ROP Program. Ms. Chavez stated that it was separate fi-om the ROP Program, because it was funded by Federal Dollars and Private Funds. Mayor Brinley questioned the educational credits. Ms. Chavez stated that she was working with the School to set up the parameters for school credits. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE CITY TO WORK IN PARTNERSHIP WITH THE LOCAL WIN/YOUTHBUILD STEERING COMMITTEE, TO PURSUE ITS GOAL TO BRING AFFORDABLE HOUSING PROJECTS ON-LINE IN PARTICIPATING COMMUNITIES; AUTHORIZE THE CITY MANAGER TO PROVIDE A LETTER TO THE LOCAL WIN/ YOUTHBUILD COORDINATOR EXPRESSING THE CITY'S LEVEL OF SUPPORT, AND DESIGNATING A STAFF LIAISON TO THE YOUTHBUILD COMMITTEE. 35. Mavor's Task Force on Homelessness. (F:873)(F:59.1) City Manager Watenpaugh noted that this item was a request made by the Mayor to allow the City to take a proactive approach to address the homeless issues. He noted that the Mayor had asked that each Councilmember appoint a person for the Taskforce and the person that the Mayor appoints would act as chairman. He suggested that Council appoint additional representation from the Lake Elsinore Unified School District, Wendy Kolk from Riverside County, the religious community and two business owners, one at large and one from the Downtown area. He indicated that all the members of the committee would be residents of the City. He indicated that at the first meeting a Mission Statement would be addressed to develop a Strategic Plan for the City to address the Homeless population within the City and their needs. He stated that the objectives would be as follows: Determine - Who the Homeless are - Where they are from PAGE THIRTEEN - CITY COUNCIL MINUTES - MARCH 11, 2003 - What are their needs - What services are available - Where the services are located 2. Develop a recommended plan for Council consideration. He stated that at the time a plan was recommend to Council, the Task force would be terminated or extended with specific additional tasks. He noted that Supervisor Buster had invited all of the Council to attend a tour of the old courthouse on Langstaff on March 18, 2003. He indicated that the County DPSS had contracted with Hurbert Research to collect data on the Homeless. He noted that the task would be to inventory all the homeless in the County. He addressed phone calls that he received from people volunteering to serve on the Task force and reminded them and the audience that all meetings would be noticed and open to the public. Mayor Brinley noted the concerns that Council had with the plight of the homeless. She commented on the items that should be determined by the Task Force. Mayor Brinley called for the appointments. Mayor Pro Tem Schiffner appointed Heidi Cullen. Councilwoman Kelley appointed Maggie Schmitt. Councilman Hickman appointed Tim Fleming. Councilman Buckley questioned how the religious community would be defined. Mayor Brinley explained that she would contact the local ministers group and ask them to select a representative that resides in the City to sit on the Task Force. Councilman Buckley clarified that the pastor would have their church in the City or that they must reside in the City. Mayor Brinley stated that she would leave that up to the ministers group, however she hoped that they would select someone that had their church in the City and he resided in the City as well. He stated that he would vote for the item, however he had some concerns PAGE FOURTEEN - CITY COUNCIL MINUTES - MARCH 11, 2003 in not having a specific organization representing the ministers. He appointed Loraine Watts. City Manager Watenpaugh stated that the meetings would be noticed and open to the public. He encouraged the public to attend the meetings and provide their input to the Task Force. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MAYOR'S TASK FORCE TO ADDRESS THE HOMELESS POPULATION IN LAKE ELSINORE AND DEVELOP A STRATEGIC PLAN FOR THE CITY TO FOLLOW. Mayor Brinley stated that Allen Baldwin, the Chairman of the Task Force would be in contact with all the members to set up their first meeting. She thanked all the members for volunteering to be on the Task Force. 36. Southwest Riverside Countv Transportation Uniform Mitigation Fee Pro ram. (F:140.1) City Manager noted that the City and WRCOG had been working on this project for over five years. He indicated that it was hard for staff to recommend adoption of the TUMF without having more knowledge of the implementation and although the TUMF was separate from the MSHCP it was tied to it through the Measure A Funds and would have a direct impact on the City. He stated that staff was asking Council to give direction regarding an ordinance implementing the TUMF, subject to a study session to resolve a number of issues. He noted that one of the concerns stated by staff and Council was if there was a lawsuit, would WRCOG step forward and defend the City, or would the City be obligated to fund the defense. He commented that if the City did not participate in the program there would be penalities, therefore it would not be a voluntary action by Council. He questioned the Implementation Program and how the fee credits would work. He addressed the time PAGE FIFTEEN - CITY COUNCIL MINUTES - MARCH 11, 2003 ftame and stated that there was time to hold a study session and still meet the timeline set by the County of Riverside and WRCOG to have the ordinance in place. He explained that it was staff's desire to provide the most information possible to Council to facilitate the ability to make the best decisions for the City. Mayor Brinley called upon those persons that wished to speak on the item. William Kipp, 365 Railroad Canyon Road, requested Council to defer determination on the TUMF until the County has had sufficient time to complete their hearings on their General Plan. He indicated that on Thursday, at 5:00 p.m. they would hear the largest element of the General Plan that would address rural properties and agricultural. He noted that the agricultural landowners have brought a number of suggestions to the County to improve the General Plan. He presented an overview of the issues that the County of Riverside would consider and possibly implement. He stated that the TUMF would be an integral part of the General Plan and if they moved forward with their considerations, then the agricultural landowners would file a lawsuit that would stop the progression of the County's General Plan. Ron LaPere, 16867 Wells Street, commented that the Council had been placed in a very precarious position. He noted that the general public did not know that when they voted to retain the Measure A Funds the money would not go directly to the jurisdiction, but would rather become part of a TUMF that would be addressed by region. He noted the impact that the TUMF had on development and the problems that would be created for the City of Lake Elsinore that was right on the edge. He commented that he did not like to see Council have something forced on them and asked Council to give further consideration. Mayor Brinley commented that the action before Council was to approve in concept participation in the TUMF. She agreed with the PAGE SIXTEEN - CITY COUNCIL MINUTES - MARCH 11, 2003 City Manager that there should be a study session to allow Council to obtain firm answers regarding the TUMF. City Manager Watenpaugh stated that there were noticing requirements that should be addressed by the City Attorney. City Attorney Leibold explained that the Proposed Administrative Plan requests and requires that participating jurisdictions have ordinances in effect to allow fees to be collected on June 1, 2003. She further explained that in order to meet the time frame, staff was proposing to bring an ordinance to Council at the Regular City Council Meeting on April 8, 2003, with the second reading to occur on Apri122, 2003. She noted that the Ordinance would become effective thirty days after second reading and would be in place for the June 1 S` deadline to comply with WRCOG and County requirements. She explained that because the TUMF was a Development Impact Fee, pursuant to AB 1600, there was a ten day notice requirement for publication and the Apri18, 2003, would allow ample time for noticing. Ruth Anne Taylor-Burger, Assistant Executive Director of WRCOG, stated that they would be available for a Study Session. Councilwoman Kelley stated that Council had yuestions and concerns that had not been answered. She commented on her fiustration after going through so many Study Sessions and still not having answers to questions that have been asked over and over again. She indicated that prior to her support of the TLTMF she would have to have her questions answered. She noted that the Measure A dollars were tied to the MSHCP and Council did not have a clue what the amount would be. She stated that she still needed to know which agency would be prioritizing the transportation components; and questioned the agricultural issues. Ms. Taylor-Burger stated that the agricultural issues were part of the MSHCP. Councilwoman Kelley questioned the legal ramifications and if suits were filed where the money would PAGE SEVENTEEN - CITY COUNCIL MINUTES - MARCH I1, 2003 come from for the defense. Ms. Taylor-Burger commented for the audience that the fees would be as follows: $6,650 per single-family residential unit $4,607 per multi-family residential unit $1.45 per square foot of industrial space $7.81 per square foot of retail space $4.84 per square foot of service/office space She stated that a Mom and Pop operation of 4,000 syuare feet would have to pay an additional $15,000 to $23,000 to develop their business. She commented that the fees were rather hefty with a lot of "ifs" and items that had not been settled. She stated that she did not mind supporting a conceptual agreement as long as WRCOG could provide the answers. She repeated her questions. Councilman Hickman stated that he would save his questions for the Study Session, however he did agree that it was necessary to provide some funding and support for regional roadways, however he would also like to see regional dollars would come back to the City that generated them. Mayor Pro Tem Schiffner stated that the questions that he needed answered were who would pay the award of damages caused by the MSHCP. He noted the large amount of acreage that would be subject to taking and noted the amount of property that would be under jeopardy and the effect that it would have on the landowners, which could diminish the value of their properties. He stated that he was sure that cities would be named in the resulting lawsuits and he needed to know who would be responsible for the cost of litigation and the resulting settlements. Councilman Buckley noted that in passing Measure A, 68% of the people in the County voted to tax themselves to build roads and the TUMF would be part of that. He commented that the people already in Riverside County had agreed to tax themselves and it was only fair PAGE EIGHTEEN - CITY COUNCIL MINUTES - MARCH 11, 2003 that new development pay for the growth of traffic that it was going to generate. He clarified that fees were on new developments only. He indicated that there were exemptions; and explained that one of those was that there was no TUMF if a house or building was renovated. He commented that according to economist John Husing the County's economy would not suffer with implementation of the fee. He stated that when it came to further exemptions, the City of Riverside had asked college dormitories to be exempt. Ms. Taylor-Burger stated that WRCOG staff was instructed to examine every ordinance that had been adopted to make sure that it meets the intent of the entire program. Councilman Buckley stated that there was an exemption committee and it would be in existence as long as there was a TUMF. He noted that the item before Council was not a vote on the Habitat Fee and commented that the MSHCP was projected to be between $800 and $1,200 per house. He noted that TUMF and MSHCP were joined at Measure A, however they were not joined at implementation. He stated that at this point the proper agency would be WRCOG. He noted that there would be very specific priority lists and presented an overview of the plan. He indicated that each zone would be managed by the members of that zone. He commented that the Habitat Plan envisioned only willing sellers, paid at fair market value. He reminded the public that through the TUMF, not only did the City get to keep its $38,000,000 in fees, but it also got more out of the TUMF than it puts in. He suggested that staff develop a list of questions to allow WRCOG the opportunity to prepare and address them. Mayor Brinley questioned who was going to administer the program and what the fees were going to be when included with the MSHCP. She commented that once a property was marked as habitat it looses value and would not be fair market value if it were not habitat. She commented on the loss of prime commercial property through the MSHCP, which in turn would lower the amount to the TUMF and would prevent the generation of sales tax to provide future amenities for the community. She noted the burden it would place on the City to reasonably provide fire and police. She noted the misunderstanding of the use of Measure A Funds. She clarified the administration of the PAGE NINETEEN - CITY COUNCIL MINUTES - MARCH 11, 2003 TUMF. Ms. Taylor-Burger explained how the administration of the zones functioned and explained that each zone was responsible for the use of fees that the projects that would be developed. She stressed her concern regarding the litigation created by the TUMF and the MSHCP. City Manager Watenpaugh stated that staff would outline the concerns of Council and forward the list to WRCOG. He indicated that WRCOG would respond to the concerns and questions of Council at the next Study Session. He commented that in the end the program would be wonderful, however in the short term it could be damaging to development far the next five years. She stated that she was willing to approve the item in concept and move ahead to the Study Session. Ms. Taylor-Burger suggested that Mr. Lashbrook from the County attend the Study Session to address the issues regarding the MSHCP. City Manager Watenpaugh stated that staff would contact Mr. Lashbrook. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO PARTICIPATE IN THE REGIONAL TRANSPORTATION UNIFORM MITIGATION FEE IN CONCEPT AND DIRECT STAFF TO PREPARE THE ENABLING ORDINANCE FOR A PUBLIC HEARING AND CITY COUNCIL CONSIDERATION AT THE REGULAR COUNCIL MEETING OF APRIL 8, 2003, WITH A STUDY SESSION TO BE SET FOR FURTHER DISCUSSION. THE CITY COUNCIL MEETING RECESSED AT 8:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:43 P.M. PUBLIC COMMENTS - NON AGENDIZED ITEMS Loraine Watts, 210 N. Scrivener, requested an explanation regarding Council approval of the Consent Calendar items. Tim Fleming, 17970 Lakeshore Dr., thanked Councilman Hickman for his nomination to the Homeless Task Force. He noted his commitment to PAGE TWENTY - CITY COUNCIL MINUTES - MARCH 11, 2003 helping the homeless. He addressed Ordinance No. 1091 and the improvement it would have on the Lakeshore Drive area. Paula Graver, 218 Ellis St., represented USMC, and requested support for our troops; and indicated that she was planning a rally for Saturday and Sunday. She invited Council and the community to participate in the rally and noted that their support would be appreciated. She stated that fliers had been distributed throughout the City and the various media groups. She provided letters to Council for information and contacts for support of our troops. She requested that Council pass a Resolution in support of the troops and gave an example of her experience and history with the United States Military during times of war. Pastar Jim Hilbrant, Elsinore Christian Center, 29308 Gunder Ave., commended Council for the new Homeless Task Force. He noted that Council was listed on an interface prayer meeting held every month. He addressed 1 Timothy 2 and read the scripture from his Bible and followed with a prayer of thanksgiving. Ron LaPere, 16867 Wells, addressed the EVMWD Board of Directors Meeting he attended. He noted their positive attitude regarding the 600 acre feet of water for the Lake. He recommended that the City Council have an elected representative as a liaison the EVMWD to maintain a positive relationship. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Addressed Loraine Watts' question regarding approval of the Consent Calendar. He noted that those were routine items that required no funding, therefore Council could address and approve without taking any formal action. 2) Addressed the concerns of Tim Fleming and noted the Administrative Citation Program that was in the process of implementation. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - MARCH 11, 2003 3) Requested clarification regarding the content of the Resolution Paula Graver requested and clarified the dates and times for the rally. CITY ATTORNEY CONIIVIENTS City Attorney Leibold commented of the following: 1) Addressed the modified agenda format to be brought to Council for approval which would provide better explanation and description of the items and actions required. 2) She indicated that the Resolution requested by Paula Graver would need to be noticed and addressed at a future Council Meeting to avoid violation of the Brown Act. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Congratulated the retiring employees and indicated that they would be greatly missed. 2) Announced the Student in Government Day. 3) Congratulated City Treasurer James Judziewicz on his appointment. Councilman Buckley commented on the following: 1) Expressed his appreciation to the retiring employees and indicated that they were invaluable. 2) Commended Paula Graver for her active pursuit of publicity for the rally. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - MARCH 11, 2003 3) Requested clarification on the procedure for compensation for James Judziewicz, the City Treasurer. 4) Requested Council to consider a full time paramedic on staff at the local Fire Stations. He provided an overview of the projected cost for staff and supplies and noted that it could be considered for next year's budget. Mayor Pro Tem Schiffner commented on the following: 1) Expressed support for Councilman Buckley's suggestion to add paramedics to the Fire Station staff. 2) Addressed the Administrative Citation Program and noted that the reason it was implemented was because Code Enforcement issued warnings to violations and a few days later those violations would be corrected; however the same people were getting warnings repeatedly. He indicated that citations could motivate violators to keep their areas clean and clear. 3) Thanked the retiring employees for the joy they were to work with and noted that they would be missed. Councilman Hickman commented on the following: 1) Thanked the new City Treasurer for attending the Council Meeting. 2) Thanked the retiring employees for their service and dedication. 3) Suggested quotas for the officer enforcing the Administrative Citation Program. 4) Addressed the potholes and encouraged the public to call City staff to report all potholes. PAGE TWENTY-THREE - CITY COUNCIL MINUTES - MARCH 11, 2003 Mayor Brinley commented on the following: 1) Thanked the retiring employees for their years of service and dedication. 2) Welcomed the new City Treasurer. 3) Announced that Student Government Day was Wednesday, March 12t'' 4) Announced that the Carnival was in town from March 14`n through the 23Ta 5) Announced that Cruise Night was March 22"a on Main St. and the Walk for Life would be held at the City Park. 6) Expressed appreciation on behalf of Council for the volunteers appointed to the Homeless Task Force. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:15 P.M.---~ ,- PAMELA B~INLEY, MAYC CITY OF LAKE ELSINORE Respectfully submitted, Adria L. Paredes, Deputy City Clerk PAGE TWENTY-FOUR - CITY,COUNCIL MINUTES - MARCH 11, 2003 AT EST: KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR