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HomeMy WebLinkAbout05-27-2003 Joint City Council/RDA study SessionMINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 27, 2003 ~:~~: ~:~~*~~*~*:~*~~::~:~*:~**~:~~~:~*:~~: *~:~*~~*:~*~,~:~xx:~~~**:~~:~~*~*:~:~~~:~ CALL TO ORDER Mayor Brinley called the Joint Study Session to order at 4:OOp.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY, SCHIFFNER, KELLEY HICKMAN ABSENT: COUNCILMEI~4BERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis, Finance Manager Magee, City Clerk Kasad and Deputy City Clerk Ray. DISCUSSION ITEMS Mayor Brinley removed the Chamber of Commerce update from the Agenda. Mayor Brinley inquired about closed session for the City Council. City Attorney Leibold announced there would be a closed session to discuss Item A on the Agenda. Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Councilman Hickman asked who oversaw the park besides Mr. Sapp. PAGE TWO-STUDY SESSION-MAY 27, 2003 Mr. Sapp explained there was an individual (Guillermo) who went out and checked the parks. Councilman Hickman stated that the trash receptacles at the bottom of the park on Summerhill had been missing the bottoms for two years and that he was tired of pulling his van in there and cleaning up the area each morning after exercising. City Manager Watenpaugh made a note of the problem and stated that staff would take care of the situation. Mayor Brinley requested to pull Item No. 4, McVicker Canyon Skate Park Agreement-Action Park Alliance and No. 5, Floating Food concession on Lake Elsinore-Triple "F". Councilman Hickman addressed Item No. 4, he questioned if Council had reviewed item No. 4 before. City Manager Watenpaugh explained this was the actual contract, and the item was coming back with the actual requirements Council wanted in terms of the marketing. City Manager Watenpaugh gave an overview of Item No. 5. He explained it was a concession on the lake, with a concessionaire who wanted to put a pontoon boat out on the lake and sell prepackaged items. Councilwoman Kelley addressed the concessionaire's insurance. City Manager Watenpaugh explained the concessionaire would cover the City with insurance, he will operate out of the no wake zone and he would be able to moor at certain locations, subject to approval and no alcohol will be sold. Mr. Sapp explained the concessionaire will follow all health department requirements. Councilwoman Kelley addressed the issue of patrons being able to receive their purchased items. Mr. Sapp further explained, patrons would tie off to the pontoon boat, but they would not enter on to his pontoon boat, and he would take the customers their food. Councilman Hickman addressed a litter concern in the lake from patrons purchasing items and throwing the wrappers into the lake. Mr. Sapp explained that this was a concern of the City and that the City would be evaluating as the service is provided. City Manager Watenpaugh explained that the concessionaire would be responsible for policing his area and if this became a problem the City would terminate his agreement. Staff thought it would have been better to have a stationary vending unit on land, but this was a private enterprise. Mayar Pro Tem Schiffner commented that PAGE THREE-STUDY SESSION-MAY 27, 2003 individual's came to the lake with items purchased from other places and it was a problem but he didn't expect this to be a bigger problem. Councilman Buckley addressed Item No. 4. Councilman Buckley requested clarification in regard to any checks issued to the Skate Park this fiscal year. City Manager Watenpaugh reminded Councilman Buckley that Council gave authorization, and requested that staff bring back the marketing for auditing, purposes, so the City Finance Department had a paper trail and a record of the money and authorization given by Council. The staff was to bring this item back to Council once Council had given approval whether it be the day after closed session or at the next meeting putting on consent a paper trail so the auditors through Finance could track the decisions. Councilman Buckley stated it was 2'/z months ago when this item was approved, and it was not presented at the next Council meeting. City Manager Watenpaugh stated that this was an agreement Mr. Sapp had been working on with the Skate park; and staff held it up because they did not have the marketing plan in the agreement and Council requested to see what they were doing to market and promote the facility. They are meeting the requirements now of supplying the weekly information in terms of attendance and other information the Council members had asked to see. Councilman Buckley addressed the issue of this project impact on the next fiscal year. City Manager Watenpaugh noted that the Julyl proposed budgets would have recommendations for park funding, and Council will make that decision each year per the direction of the City Attorney. He clarified that Council could not pre-determine that the Council would follow through as a City, as the RDA could enter into long term agreements but the City had to budget annually for that, so it would come up at budget time. Councilman Buckley reiterated this was a four year contract. City Manager Watenpaugh acknowledged it was a four year contract, but funding had to stand on an annual base. City Attorney Leibold explained that there was PAGE FOUR-STUDY SESSION-MAY 27, 2003 constitutional debt limit provisions, with some exceptions, depending on different contingencies and she felt under the terms of this agreement it was contemplated to be contingent on certain performance obligations and available funds. Councilman Buckley recalled it was the rest of this fiscal and next fiscal and questioned the four year issue. Mr. Sapp clarified that the four years was just the term of the agreement, but annually the City had to approve subsidy for the skate park; and if it was not approved as part of the budget, the operator had the option to continue operating or activate the termination clause of the contract. Councilman Buckley questioned this being a contractual obligation. City Attorney Leibold stated this was not a contractual obligation. City Manager Watenpaugh explained to Council that the skate park had asked, if it was going to be guaranteed they would be funded; and it was explained to them that the City could not go beyond the fiscal year. The term of their agreement could go beyond, but if in fact there were funding requirements they had to be approved by the Council to adopt a budget. If it is not they have the option to activate the termination agreement or fund it themselves. Councilman Buckley addressed the profit margin of the skate park. City Manager Watenpaugh explained that the admission is free. Mr. Sapp explained the skate park keeps 20%, but anything over the 20% profit margin, 100% goes to the City. Councilman Buckley questioned if this was 100% of the net or gross. Mayor Brinley acknowledged that the attendance at the park had sky- rocketed. Mr. Sapp stated that the program averaged 280 kids a week. Councilman Buckley continued to question net vs. gross and which the City would be receiving. Mr. Sapp explained the reports were generated by the skate park and given to his department. City Manager Watenpaugh suggested a report be generated and submitted to Council. PAGE FIVE-STUDY SESSION-MAY 27, 2003 Councilman Buckley addressed Item No. 5 and suggested that the City look at attaching garbage containers to the floating toilets. Mr. Sapp indicated that staff would look at that as a possibility. Mayor Pro Tem Schiffner stated when this item was discussed in the past his understanding was no one had any experience on which to base what they thought would happen. He questioned if staff had any idea how this would wark. City Manager Watenpaugh stated that they would operate on the shore line and in the no wake zone, and hopefully people would come. He expressed hopes this did not turn out to be like the Princess, which in his opinion was one big eye sore. City Manager Watenpaugh commented that if it is not providing what the City wanted the City had the ability to terminate the agreement. Mayor Brinley addressed Item No. 8(Request for Waiver of fees for Prayer Farce Christian Concert) on the agenda. Councilman Hickman addressed the issue. Mayor Brinley acknowledged that a member of Prayer Force was present to discuss the Item on the Agenda. Joyce Smith, the President of Prayer Force (located in Lake Elsinore) addressed the Council. Mrs. Smith explained that Prayer Force was sponsoring an event open to the public; a Christian like concert from 9 a.m. to 9 p.m. Mrs. Smith described some of the events that would be taking place. Prayer Force will be expecting a large crowd, as they have been advertising throughout the Christian network. Mrs. Smith explained that this event was a vision she has had for the stadium. Prayer Force has churches from Los Angeles to San Diego pulling together to make this event successful. Mrs. Smith on behalf of Prayer Farce requested that the City waive all fees involved. Mayor Pro Tem Schiffner addressed the issue of fees not being related to the City's cost. City Manager Watenpaugh noted that the fees were related to the City's cost, as the rental fees were established and setup so the City had funding to replace equipment and the rental fees pay for the electricity. Prayer Force is also scheduled to use the message board for 24 hours. Mrs. Smith noted that the organization had decided not to use the message board and noted that is a correction that needed to be made to the request. The PAGE SIX-STUDY SESSION-MAY 27, 2003 administration fee is the fee the City charges for any kind of administration and is an overhead charge that goes for in-house staf£ City Manager Watenpaugh noted that fee could be waived. City Manager Watenpaugh expressed concern that with the courts removing the invocation, this might be considered underwriting a religious event and deferred to City Attorney Leibold. Councilwoman Kelley questioned if the City would be considered as cosponsaring the event by waiving the fees. City Attorney Leibold noted that if the City was waiving the fees, the City would be subsidizing the event. She stated the City was underwriting the event with public funds and would need to show how this was benefiting the publia City Attomey Leibold noted that in this particular event there were entanglement issues that might be presented. City Attomey Leibold stated this item was scheduled to be discussed in closed session. Mayor Brinley indicated that Mrs. Smith would need to come back at 7 p.m. during Public Session for a final answer on the waiving of fees. Mayor Brinley also noted that this was an issue that all cities were ha~ing to address. Mayor Pro Tem Schiffner noted that a decision could not have been made at this time anyway, and further noted to Mrs. Smith this particular meeting ga~e her unlimited time to discuss her request. Councilman Hickman addressed Mrs. Smith regarding the number of times Prayer Force had held this event in Lake Elsinore. Mrs. Smith stated this is the first event of this magnitude, but Prayer Force has sponsared other events in the community, such as the Mayor's Prayer Breakfast, National Day of Prayer and other events. Councilman Hickman addressed Mrs. Smith regarding parking fees. Mrs. Smith stated they would not be charging for parking. In regards to the Mayor Prayer Breakfast, City Manager Watenpaugh staxed the City paid far all meals far City Council and staff that participated. Councilwoman Kelley addressed fees far waiver for the Diamond Club for that event. Mrs. Smith stated they did ask for a waiver and the City Council granted the waiver. Councilwoman Kelley stated in essence the City had in the past partnered with Prayer Force on some events. City Manager Watenpaugh stated staff had a concem due to the recent court ruling that the City was not underwriting this event. Mayor Brinley noted that City Attorney Leibold would be updating Council in closed session on PAGE SEVEN-STUDY SESSION-MAY 27, 2003 this particular agenda item. Mayor Brinley continued with the agenda to the Public Hearing, Item No. 21 Liberty Specific Plan Amendment No. 4, General Plan Amendment No. 2003-01, Zone Chamber No.2003-01, and Design Review for I 2003-02. - Ordinance Nos. 1098 & 1099, Resolution No. 2003-12. City Manager Watenpaugh deferred the question to Mr. Brady. Mr. Brady explained the Liberty Specific Plan and the land use element of the General Plan are to be amended to light industrial on the specific plan and the design review for the 24,925 sq ft building. Councilman Hickman inquired if the developer would receive RDA money. City Attorney Leibold stated that Civic/Laing was eligible to receive increment offthis property, and the builder of this project can not get any increments. Mayor Brinley continued with the agenda, and clarified the way City Attorney Leibold would like to take these items. Mayor Brinley addressed Item No. 32 the10'h Season Anniversary Celebration - Lake Elsinore Diamond Stadium. City Manager Watenpaugh indicated that he had been in discussion with Mr. Oster and that he submitted a 3 day celebration package, for a flat fee of $10,000. The City had to move forward to order the photo baseballs, if they were going to have any giveaways to meet the timeline that cost is under $5,000. He indicated that Mr. Oster had revised this and it would be the same program for all three days, and they will market and promote the event. On the 5`h there will be a VIP reception and on the 6th it would be Lake Elsinare Days. City Manager Watenpaugh request that Mr. Sapp elaborate on the description of the giveaway items. Mr. Sapp noted that the balls are regular baseballs with red and blue panels with red stitching, will include the RDA logo and the Diamond logo, and the event will include fireworks both nights. REDEVELOPMENT AGENCY Mayor Brinley questioned that Item No. 21 was not lead on the RDA agenda. City Attorney Leibold explained it was a land use issue. PAGE EIGHT-STUDY SESSION-MAY 27, 2003 ADJOLTRNMENT City Attorney Leibold stated that the closed session items were as listed. THE JOINT CTTY COUNCIL/REDEVELOFMENT AGENCY STUDY SESSION ADJOURNED AT 5:30 P.M. ~~ ~~ ~ KELLEY, CHAIR MAN ~ELOPMENT AGENCY Respectfully submitted, _ /V re erick Ray, Deputy City Clerk A'T~EST: ~ ~ICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE