HomeMy WebLinkAbout07-08-2003 City Council MinutesMINUTES
CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JULY 8, 2003
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Brinley at
5:00 p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
BRINLEY
NONE
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
Operations Manager Kilroy, Information/Communications Manager Dennis,
Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Deputy
City Clerk Ray and City Clerk/Human Resources Director Kasad.
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (Subdivision (a) of Section 54956.9) Elsinore Christian
Center, A California Non-Profit Corp. vs. City of Lake Elsinare - Case No.
CVO1-4842SVW (RCX).(F:40.1)(X:52.2)
b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION - Significant exposure to litigation pursuant to subdivision
(b) of Section 549569 (1 case). (F:40.1)(X:52.1)
PAGE TWO - CITY COUNCIL MINUTES - JULY 8, 2003
City Attorney Leibold announced the Closed Session discussion items as listed
above.
THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED
SESSION AT 5:01 P.M.
The Closed Session discussion was completed at 6:45 p.m.
RECONVENE PUBLIC SESSION (7:00 P.M.)
Mayor Brinley reconvened the Regular City Council Meeting in Public Session at
7:04 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Director of Lake & Aquatic Resources
Kilroy.
INVOCATION - MOMENT OF SILENCE
Mayor Brinley led the meeting in a Moment of Silent Reflection.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
BRINLEY
ABSENT:
COUNCILMEMBERS: NONE
Also present were: C-ty Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Pressey, Community
Development D-rector Brady, Community Services Director Sapp, Lake &
PAGE THREE - CITY COUNCIL MINUTES - JULY 8, 2003
Aquatic Resources Director Kilroy, Fire Chief Gallegos, Police Chief Walsh,
Public Works Manger Payne, City Engineering Manager O'Donnell, Deputy
City Clerk Ray, and City Clerk/Human Resources Director Kasad.
PRESENTATIONS/CEREMONIALS
A. Proclamation - Tracy Empson - National Histary Dav Competition Winner.
(F:122.1)
Mayar Brinley called Tracy Empson forward for presentation and expressed
pride in her accomplishments. She showed a portion of the winning tape
entitled Decisions of Conscience. Mayor Brinley indicated that old
prejudices were dying because of young students like Tracy. She read and
presented the Proclamation to Tracy and recognized her parents for their
efforts. Tracy thanked the Council for this recognition and the School
District for their support. She presented the Council with California State
pins and indicated she could not have done it without the support of the
Community.
B. Proclamation - Recreation & Parks Month. (F:122.1)
Mayor Brinley read and presented the Proclamation to Teri Fazzio.
Recreation & Tourism Manager Fazzio accepted the Proclamation, noting
her nearly 30 years in the field. She commented on the advantages of
recreation programs in providing safe spaces for children and opportunities
for senior citizens. She noted the importance of this type of amenity to
potential home buyers.
Recreation & Tourism Manager Fazzio introduced Maureen Foster-Davis,
Community Center Coordinator. Ms. Foster-Davis noted her years of
experience in recreation and noted the number of programs available from
the Community Center and seven other facilities. She commented on the
Recreation Brochure and indicated that it was a great tool for finding out
PAGE FOUR - CITY COUNCIL MINUTES - JULY 8, 2003
what activities were available; and noted that this year it would be published
three times instead of two. She introduced Crystal, a youth volunteer, and
noted that she had provided 155 hours of volunteer service since September.
She expressed pride in her commitment to the Center. Crystal indicated that
she had been at the Center for about 1-1/2 years, and noted her enjoyment of
working with the kids and staf£ She indicated that volunteering was a good
way to meet new people and find new opportunities. She thanked Ms.
Foster-Davis and her staff for their efforts. Ms. Foster-Davis presented
Crystal with a Certificate of Appreciation for her volunteer efforts.
Recreation & Tourism Manager Fazzio introduced Arline Gulbransen,
Senior Center Coordinator. Ms. Gulbransen noted honors presented to
Senior Citizens and recognized Thelma Ball for her dedication and
contributions to the Senior Center. She indicated that Mrs. Ball was
instrumental in the growth and development of the Senior Center, and noted
her contributions which assisted with making repairs and improvements.
She noted that Mrs. Ball had also been recognized by the County of
Riverside for her efforts. She presented her with a Certificate of Recognition
as the 2003 Outstanding Volunteer of the Year. Mayor Brinley commented
on the original formation of the coalition for the RTA, and Mrs. Ball's
participation in that program. Mrs. Ball indicated that the Lake Elsinore
Senior Center was one of the best in the County, and encouraged others to
visit.
Center Coordinator Gulbransen noted the participation of a College Intern at
the Center, Pauline Sneed, and presented a tape of the activities at the
Center, which was prepared as part of her degree program. She highlighted
the activities at the Center and encouraged participation.
Mayor Brinley noted that Pauline Sneed was her neighbor and showed great
enthusiasm in working with the Seniors.
PAGE FIVE - CITY COUNCIL MINUTES - JULY 8, 2003
Recreation & Tourism Manager Fazzio noted the wide range ages and
interests involved in the recreation programs, and thanked all of the
volunteer for their efforts.
D. Presentation to City Council -Retired Lt. Paula Graver. (F:44.1)
Lt. Paula Graver called the Council and City Manager forward for
presentation and presented each with an award on behalf of Military
Personnel serving worldwide. She further recognized the Council for the
Resolution passed in support of the troops on March 25`n
Mayor Brinley thanked Ms. Graver for this recognition and noted that the
Council was constantly reminded of the efforts in Iraq. She expressed
support for the young men and women who were fighting to protect the
rights of citizens in the United States.
C. Introduction of New City Staff. (F;116.1)
City Manager Watenpaugh noted that with the recent staffing changes, it had
become a new tradition to introduce the new City employees at City Council
Meetings. He introduced new Administrative Services Directar Matt
Pressey, who had come from the City of Costa Mesa. He also introduced
Lake & Aquatic Resources Director Kilroy, who was promoted to take
charge of the Lake, etc. Mr. Kilroy thanked the Council for their support of
this promotion and looked forward to working with the community. He
introduced Ed North who was recently hired into the Lake Operations
Department, and noted that he was the primary person responsible for the
Axial Flow Pump and Destratification System. Mr. North thanked the City
for the ability to become a full time staff inember.
Community Development Director Brady introduced Dana Porche and
Perry Curtis. He noted that Mr. Curtis had come from the City of Moreno
PAGE SIX - CITY COUNCIL MINUTES - JULY 8, 2003
Valley, and Ms. Porche had been working for the City part-time for a
number of years. Both employees thanked the Council for their positions.
Mayor Brinley welcomed all of the employees to the City.
CLOSED SESSION REPORT
City Attorney Leibold noted that two items were discussed in Closed Session as
listed on the Agenda. She indicated that with regard to the Elsinore Christian
Center litigation, after nearly two years, the Court had issued two arders in fa~ar of
the City. She indicated that one was on Constitutional grounds and the second was
an analysis on the Constitutionality of the federal RLUPA law. She explained that
the Congress did not have the authority to impose the standard as established. She
noted that she had received numerous phone calls applauding the finding and
requesting copies of the order.
She indicated that second item of Anticipated Litigation had no reportable action;
but disclosed that the issue involved a threatened Qui Tam action. She advised that
the City had retained an auditor to review billings; and the City Council responded
to the Auditor's request on the interpretation of relevant agreements, and the
auditor was now completing the report.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE
Paula Graver, 218 Ellis Street, reminded the community of those military personnel
lost since the actual fighting ended. She encouraged continuing support of the
troops.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for further discussion
and consideration:
PAGE SEVEN - CITY COUNCIL MINUTES - JULY 8, 2003
Item Nos. 4, 6 and 9.
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED.
l. The following Minutes were received and ordered filed:
a. Planning Commission Meeting - June 17, 2003. (F:60.3)
2. Ratified Warrant List for June 30, 2003. (F;123)
3. Received and ordered filed the Investment Report for May, 2003. (F:12.5)
5. Approved Change Order No. 2, in the amount of $13,530 for S.R. 74 Traffic
Signals at Collier Avenue/Central Avenue, and Collier Avenue/Riverside
Drive for DBX, Inc.; and autharized the City Manager to execute the Change
Order. (F:162.4)
7. Adopted Resolution of Intention No. 2003-23, regarding Amendment to
Public Employees Retirement System Contract. (F:116.1)
RESOLUTION NO. 2003-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, STATING INTENTION TO
APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
OF LAKE ELSINORE.
8. Approved Purchase Order for the replacement of six Personal Computers
from Dell, in the amount of $9.083.36. (F:65.1)
PAGE EIGHT - CITY COUNCIL MINUTES - JULY 8, 2003
10. Approved Professional Services Agreement with Kobata & Associates far
the McVicker Canyon Skate Park Landscape Project, in the amount of
$1,800.00. (F:68.1)(X:114.14)
PUBLIC HEARINGS
21. CR & R, Inc. - Request to Place Delinquent Refuse Bills on the 2003-2004
Tax Roll. (F:163.1)(X:68.1)
City Manager Watenpaugh explained that this was an annual action
requested by CR & R; and noted that Mr. Fahrion was present to address the
item. He noted that bills which are delinquent 120 days, go on the t~ rolls.
Mayor Brinley opened the Public Hearing at 7:50 p.m.
David Fahrion, representing CR & R, explained that this was an annual
action, and noted that in some cases they were delinquent over 12 months.
He commented that there were less delinquencies every year, but notices are
sent out to the delinquent accounts for correction prior to placement on the
rolls. He stressed that if someone had received a notice, there was still an
opportunity to resolve the issues.
Mayor Brinley asked those persons interested in this item to speak. There
were no requests to speak.
Councilman Buckley had no comments.
Councilman Hickman thanked Mr. Fahrion for attending the meeting, and
requested that he provide the 800 number for people to request that their bills
be placed on the tax rolls. Mr. Fahrion indicated that the number was (800)
755-8112. Councilman Hickman indicated that he would like to review the
possibility of placing all bills on the tax rolls.
PAGE NINE - CITY COiTNCIL MINUTES - JULY 8, 2003
Councilwoman Kelley indicated that she had no questions, noting that this
was an annual consideration. She questioned the potential for placing all of
the bills on the rolls. Mr. Fahrion indicated that if they placed all bills on the
tax rolls, there would be no additional cost, but the bills would be paid with
their taxes. He noted that they would receive almost six months of service
before the first payment would be due. He indicated that he would support
that change, if it was what the Council wanted.
Mayor Pro Tem Schiffner indicated that he would be in favor of putting the
bills on the tax rolls permanently; and noted that if they were paid that way
they could be deducted at income tax time. He indicated that he did not
understand the objections to that program.
Mayor Brinley noted the last attempt to place the bills on the tax roll, and
expressed the difficulty it caused Senior Citizens, as they would prefer to pay
quarterly at a lesser amount. She indicated that she had no objection to
reviewing the issue, but expressed understanding of the difficulty it caused
for some people.
Mayor Brinley closed the public hearing at 7:55 p.m.
Mayor Pro Tem Schiffner requested clarification that the bill would be to the
owner, not the occupant. Mr. Fahrion confirmed that it was an obligation of
the property owner. Mayor Pro Tem Schiffner clarified that it would not be
assessed to a renter who might have more difficulty in paying.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESQLUTION NO. 2003-24,
APPROVING THE PLACEMENT OF DELINQUENT ACCOUNTS ON
THE FISCAL YEAR 2003-2004 TAX ROLLS.
PAGE TEN - CITY COUNCIL MINUTES - JULY 8, 2003
RESOLUTION NO. 2003-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE AFFIRMING THE REPORT OF DELINQUENT
RESIDENTIAL REFUSE FEES AND DIRECTING THEIl2
COLLECTION ON THE PROPERTY TAX ROLLS.
22. Amendment to Lake Elsinore Municipal Code Chapter 17.17, Concerning
Second Dwelling Units; Amendment to Lake Elsinore Municipal Code
Chapters 17.19, 17.20, 17.22 and 17.23 to be consistent therewith -
Ordinance No. 1101. (F:60.1) (X:104.1)
Community Development Directar Brady explained that this was a request
for amendment to various sections of the development code with regard to
regulation of second dwelling units. He explained that under the current City
standards they would have to go through the Conditional Use Permit process;
however recent legislation no longer allows that requirement, and there is no
longer the ability to review such a project in a public hearing. He noted
questions that arose during the Agenda Review, and explained that the City
Attorney had drafted an ordinance requiring that one of the units be owner
occupied. He indicated that there was also a requirement that they meet
parking requirements of one space per bedroom. He also noted that the
second units would have to match the existing units on the property.
Mayor Brinley opened the public hearing at 8 p.m., asking those persons
interested in this item to speak. The following person spoke:
Dan Uhlry, 103 Flint Street/Planning Commissioner, indicated that this issue
was discussed heavily by the Planning Commission. He noted that his
concern was making sure that one unit on the property remained owner
occupied, even if the title transferred, in perpetuity.
PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 8, 2003
Community Development Director Brady noted corrections in the Ordinance
in Section 17.17.030, which eliminated references to specific zoning
designations.
Councilwoman Kelley noted that there was a lot of discussion on this item at
the Agenda Review and asked the City Attorney about compliance which
would remove local control. She also questioned the addition of the
conditions as stated by Commissioner Uhlry. City Attorney Leibold
confirmed that the conditiom had been included, and would be a recorded
covenant on the property. She explained that initially the applicant had to be
the owner of the primary unit.
Mayor Pro Tem Schiffner commented that there were really no options, but
the potential of placing requirements such as those discussed by
Commissioner LThlry. He noted that with the space and parking
requirements a second unit would not be possible in all situations.
Councilman Hickman indicated that he was concern with the potential of the
City becoming a manufactured housing haven.
Councilman Buckley indicated that he had no comments, but commented
that there was essentially no option due to the state law. He expressed hopes
that the way it had been drafted, the staff's design review should be enough
to prevent problems.
Mayor Brinley indicated that she had a lot of issues with this item, such as
adequate off-street parking, Crime Free Multi-Housing requirements and
prevention of buildings which might cause blighted conditions. She further
expressed concern for local control, and indicated that the State need to leave
cities some options, based on their knowledge of crime and building issues.
She indicated that the City's hands were tied, but the City Attorney had
assured her that the issues would be addressed in another ordinance.
PAGE TWELVE - CITY COUNCIL MINUTES - JULY 8, 2003
Mayor Brinley closed the public hearing at 8:10 p.m.
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT
ORDINANCE NO.1101, UPON FIRST READING BY TITLE ONLY:
ORDINANCE NO. 1101
AN ORDINANCE OF THE CTTY OF LAKE ELSINORE,
CALIFORNIA, AMENDING AND RESTATING CHAPTER 17.17 OF
THE LAKE ELSINORE MUNICIPAL CODE REGARDING SECOND
DWELLING UNITS AND AMENDING CHAPTERS 17.19,17.20,
17.22 AND 17.23 OF THE LAKE ELSINORE MUNICIPAL CODE
TO BE CONSISTENT THEREWITH.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
BRINLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
BUSINESS ITEMS
3 l. Second Reading - Ordinance No. 1100 - Safety Regulations for Lake
Elsinore.(F:92.1)
Mayor Brinley noted that additional information had been received from Mr
Dawson today, and Council would be reviewing it.
PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 8, 2003
MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT
ORDINANCE NO. 1100, UPON SECOND READING BY TTTLE ONLY:
ORDINANCE NO. 1100
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING, AMENDING AND DELETING
DESIGNATED SECTIONS OF CHAPTER 9.96 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING SAFETY
REGULATIONS FOR LAKE ELSINORE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
BRINLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ITEMS PULLED FROM THE CONSENT CALENDAR
4. Contract Award for Railroad Canyon Road Improvements - R.J. Noble -
$198,681.40. (F:156.2)
City Manager Watenpaugh explained that this approval would put in the
additional stacking lane on Railroad Canyon Road. He advised that six bids
were received, of which, R.J. Noble was the low bidder. He advised that an
additional $87,700 budget allocation was needed. He clarified that the
project was originally funded by the Pardee Community Facilities District.
PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 8, 2003
Councilman Hickman stressed that this was the third lane west bound on
Railroad Canyon Road, which would alleviate some of the problems.
Councilman Buckley questioned the timing for these improvements.
Community Development Director Brady indicated that construction was
scheduled to start in four to six weeks and continue for 40 warking days or
about two months.
Mayor Pro Tem Schiffner noted the span of bids from $198,000 to
$275,000; and questioned if they were all looking at the same set of plans.
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO AWARD THE CONTRACT TO R.J. NOBLE
COMPANY, AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT
AND APPROVE THE TRANSFER OF $87,700 FROM THE RAILROAD
CANYON ROAD IMPROVEMENT FUND TO THIS PROJECT.
6. Stop Sign Controlled Intersection - Half Moon Drive and Grandview Avenue
- Resolution No. 2003-22. (F:162.2)
City Manager Watenpaugh explained that this recommendation was being
made at the request of a citizen, based on the traffic counts for the area.
Councilman Buckley inquired how soon the stop signs would go up. Public
Works Manager Payne indicated that they should be up in about a week.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-22
AUTHORIZING STOP SIGN CONTROL FOR THE SOUTHBOUND
APPROACH ON HALF MOON DRIVE.
PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 8, 2003
RESOLUTION NO. 2003-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, DESIGNATING THE LOCATION OF CERTAIN STOP
INTERSECTIONS.
9. Professional Services A~reement - City Park Master Plan. - Kobata &
Associates - $7,400.00.(F:68.1)(X:114.2)
City Manager Watenpaugh explained that this item was to authorize the
City's landscape architect to do conceptual plans for redesign of the City
Park area and cul-de-sacing of Library Street, to include the railroad right-of-
way, purchased a few years ago. He further explained that it would include
the old LETS yard, and be only conceptual plans at this point.
Councilman Buckley questioned the additional property to be included. City
Manager Watenpaugh clarified the locations of the additional property.
Councilman Buckley inquired how soon the conceptual plans would be back.
City Manager Watenpaugh indicated they should be back in 60 to 90 days.
Mayor Pro Tem Schiffner inquired if the conceptual plans would provide
enough details for cost estimates. City Manager Watenpaugh confirmed.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO AUTHORIZE THE PROFESSIONAL SERVICES
AGREEMENT WITH KOBATA AND ASSOCIATES IN THE AMOUNT OF
$7,400.00 FOR THE MASTER PLAN OF CITY PARK.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:17
P.M.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:45
P.M.
PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 8, 2003
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Bill Tucker, 740 Acacia, commented on the fishing on the Lake and indicated that
Lake & Aquatic Resources Director Kilroy and his crew were doing a great job on
the removal of bottom feeders. He suggested that more fishing areas were needed
around the Lake, and noted that he tries to promote the Lake and the community.
He indicated that most people who came to fish had a good time, but needed more
space to fish. He noted that there was an interest in allowing night fishing at the
campground and indicated that he did not see any potential problems with that
proposal. He indicated that he was against "stripers" in the Lake, but indicated
that there was a need for more breeders and sport fish.
Michael O'Neal, 1403 W. Heald, congratulated the City Attorney on the RLUPA
litigation. He noted that he originally intended to speak about the labor market
study and the budget deficit; however Mayor Pro Tem Schiffner's views on
fundraising, in a recent article drew his attention. He indicated that no one could
serve two masters, i.e. constituents and businesses. He questioned the collection of
campaign dollars from developers; and suggested that while fundraising was
necessary, it was not necessary to use fear and intimidation to further political
goals.
Jerry Harmatz, 512 N. Spring Street, expressed concern that the HOPE foodbank
was considering turning off some of their freezers, due to the size of their electric
bill. He indicated that he had offered to pay the next electric bill, and explained
that during the summer they could range from $400 to $1,500 per month. He
advised that the level pay plan would be $737 per month for each of the twelve
months; and indicated that he would cover this June and every June as long as
possible. He encouraged others to assist HOPE in paying their electrical costs; and
advised that they could contact him at 674-2817.
Tim Fleming, 17970 Lakeshore, noted the severe fire alert status on the entire west
coast and questioned the City's plans to abate the severe overgrowth. He indicated
that both City and private properties needed to be addressed, and noted a situation
PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY S, 2003
on Lakeshore Drive on July 4`h with a car being dismantled in the high weeds on
the beach. He indicated that there was a need for more police protection and
patrolling of the fishing areas. He also noted that he was concerned with open fires
on the beach. He requested a timely response to getting the weeds abated and
removed.
Gil Rasmussen, County resident, noted recent discussion of the troops; and
suggested that 34 years ago when he lay dying in South Vietnam, he had been
saved to rid Lake Elsinore of bad politicians. He indicated that he used good
humor in bad taste. He addressed City Manager Watenpaugh regarding the audit,
and suggested that there were missing material facts. He noted that he was the
plaintiff in the Qui Tam; and addressed the statement that there was "no evidence
of fraud", suggesting that there were no documents at all. He indicated that he
believed this to be a situation of fraud per se, and suggested that a jury would
agree with him. He commented that while the response by the City, said there was
no intent to commit fraud, under the Qui Tam, he did not have to prove intent. He
suggested that was what made the "whistleblower" statute so powerful.
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1) Responded to Mr. Tucker and expressed support for night fishing,
noting that there were a number of possible locations for fishing.
2) Explained to Mr. Fleming that weed abatement was underway and
concurred that there was a lot of fuel for fires, noting the fire on July
3`a on Railroad Canyon Road. He commended the Fire Department on
an excellent job of controlling the fire.
3) Addressed Mr. Rasmussen and indicated that the City had made no
statement on this issue; and there would be no statement until the
Auditor comes back and the Council gives direction.
PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 8, 2003
4) Announced the Building Industry Association Meeting on July 9`t' and
noted that they were anticipating the largest group ever, with 119
reservations.
5) Announced the EDC Lunch on Thursday at the Diamond Club.
6) Announced the MSHCP meeting on Friday July 11`t' at 10 a.m.
7) Thanked Tracy Empson, Volunteers and Thelma Ball for their efforts.
8) Thanked Paula Graver for her efforts in support of the military
fighting for the freedoms enjoyed in the United States.
CITY ATTORNEY COMMENTS
No Comments.
COMMITTEE REPORTS
No Reports.
CITY COUNCIL COMMENTS
Mayor Pro Tem Schiffner commented on the following:
1) Addressed Mr. Tucker on the fishing areas, and indicated that he was
surprised that Mr. Tucker was not aware that most of the land belongs
to private people; as all of the City property was now open for fishing.
He stressed that there was no way to expand, because the City did not
own the land.
PAGE NINETEEN - CITY COUNCIL MINUTES - JULY 8, 2003
2) Addressed Mr. O'Neal indicating that he appreciated the comments.
He indicated that he did not normally discuss campaigning from the
dais, but he would answer questions. He indicated that Mr. O'Neal's
group was running together to oppose the majarity of the Council as it
exists. He noted that the majority of the votes (over 200) had been
unanimous, with about 9 votes being 3 to 2 with about 12 votes being
4 to 1. He indicated that the slate has said that it will make major
changes in the farm of government to give the Councilmen more
power; and suggested that attitude created fear in those interested in
investing money in the community. He indicated that this was
particularly true for those people who provide growth for funding for
more police, eta He stressed the Council's effort to increase revenues
and provide services. He suggested that the proposal was scaring
away future investors, as they are afraid of giving someone more
power. He indicated that he worked in a Charter City of 400,000, and
expressed concern that most people did not pay enough attention to
proposed changes. He advised that he was not in favor of giving the
Council more power, as they should make policy decisions, and allow
the professionals to run and administer the City. He indicated that the
people who wanted to invest money in the community are afraid of the
thought of a charter. He suggested that when he reported
contributions from those people, it would not be a surprise; as he
would take advantage of those concerns.
Councilwoman Kelley commented on the following:
1) Congratulated Tracy Empson on her accomplishment, and stressed the
magnitude of what she had accomplished, noting the stiff competition
at several levels. She noted that Tracy's fourteenth birthday was
tomorrow.
2) Indicated that the 7uly 4`h event was wonderful and the fireworks were
magnificent.
PAGE TWENTY - CITY COUNCIL MINUTES - JULY 8, 2003
3) Reminded the Community of the outdoor concert series, entitled
Music with a View and detailed the concerts which start on August
16`n
4) Thanked the Fire Department for their swift and aggressive action on
the fire which almost took her new house. She noted that her home
was in the framing stage with no protection.
Councilman Hickman commented on the following:
1) Commented on the display of firefighting on July 3Td and expressed
appreciation for their efforts.
2) Reiterated HOPE's need for financial assistance to cover electricity.
3) Thanked the Downtown Merchants for the Rod Run.
4) Noted that CR & R offered a program to have bills placed on the tax
bill, and indicated that by doing so it was possible to get a tax
deduction. He encouraged interested parties to call 800-755-8112.
5) Thanked Paula Graver for the recognition.
6) Noted that crack sealing would be done on I-15 next week and
encouraged everyone to drive safely.
Councilman Buckley commented on the following:
1) Congratulated Tracy Empson on a nice presentation.
2) Thanked Paula Graver for the recognition.
PAGE TWENTY-ONE - CITY COUNCIL MINUTES - JULY 8, 2003
3) Expressed condolences to Lamb's Fellowship Church on the loss of
their soon to be completed building. He noted that they were insured
and would be rebuilding. He thanked the Fire Department for
keeping Canyon Hills from burning.
4) Indicated that he had a nice meeting with some volunteer firefighters
and expressed hopes that the City could wark more closely with them.
5) Addressed the Council votes, and indicated that while only a couple
dozen votes have been different, they are the ones most important to
the future of the City, and reflected basic thoughts on the future of
Lake Elsinore.
6) Indicated that it had been a wonderful weekend at the Diamond.
Mayor Brinley commented on the following:
1) Indicated that all votes were important in some way.
2) Thanked Fire Chief Gallegos far the response to the fire, noting that
there were trucks from all over, and the helicopters were very
impressive. She expressed appreciation to all of the fire fighters and
volunteers for their efforts, and asked that he pass her appreciation on
to them.
3) Indicated that July 4~' was awesome and the fireworks could be seen
all over the City. She noted that on the Sth there was also a huge
crowd.
4) Commented on how impressed she was with the accomplishments of
14 year old Tracy Empson. She indicated that assured that the future
was bright and our children are special people. She further indicated
PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JULY 8, 2003
that there was a lot to be proud of in the community. She offered
congratulations to Tracy and her family on a job well done.
5) Indicated that the Military personnel were in everyone's thoughts and
prayers; and everyone was praying for their safe homecoming.
6) Announced the following upcoming events:
July 2- 14 - Little League All-Star Tournament
July 9- BIA Lunch at the Diamond Club
July 12 - Household Hazardous Waste Collection and Tire Collection
July 17 - Chamber of Commerce Reverse Drawing at the Diamond
Club.
July 18 - 20 - High School Baseball Showcase at the Diamond
7) Indicated that she knew of a local developer who would be interested
in donating money to HOPE for their electricity costs, and advised that
she would contact him.
ADJOURNMENT
MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY
UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 9:17 P.M.
ATTEST:
~ ~~.a.~~JI
VICHI KASAD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR