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HomeMy WebLinkAbout07-22-2003 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 22, 2003 ~x:~~x:~:~:~*~~~~~~~*~:~*~:~~~:~*~:~~:~:~~:~~:~~:~~:~*,~:~~:~:~~:~:~~::~*x:~:~*~~:~~:~~* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley 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 Pressey, Community Development Director Brady, Lake/Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, Deputy City Clerk Ray and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. 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) City Attorney Leibold announced the Closed Session discussion item as listed above. Page Two - City Council Minutes - July 22, 2003 The Closed Session discussion was completed at 630 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.) Mayor ~.rinley 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: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Lake/Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, Deputy City Clerk Ray and City C1erWHuman Resources Director Kasad. PRESENTATIONS/CEREMOI~TIALS None. Page Three - City Council Minutes - July 22, 2003 CLOSED SESSION REPORT City Attorney Leibold reported that the Council met in Closed Session regarding one case of litigation as listed on the agenda, with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 6. 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 approved: a. Special City Council Meeting - June 17, 2003. b. City Council Study Session - June 17, 2003. a City Council Study Session - June 18, 2003. d. Regular City Council Meeting - June 24, 2003. (F:44.4) The following Minutes were received and ordered filed: e. Planning Commission Meeting - July l, 2003. (F:603) 2. Ratified Warrant List for July 15, 2003. (F:12.3) Page Four - City Council Minutes - July 22, 2003 Received and ordered filed the Investment Report for June, 2003. (F:12.5) Approved Assignment of the Development Agreement between Como at Tuscany Hill Corporation and the City of Lake Elsinore. (F:68.1) 7. Adopted Resolution Nos. 2003-25 to 2003-28 - Confirming Fiscal Year 2003/04 Special Taxes in Community Facilities Districts 88-3 (West Lake Elsinore Public Improvements), 90-3 (North Lake Elsinore Hills Public Improvements), 95-1 (Lake Elsinore City Center Public Improvements), and 98-1 (Summerhill Public Improvements). (F:22.3) RESOLUTION NO. 2003-25 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 88-3 (West Lake Elsinore Public Improvements). RESOLUTION NO. 2003-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 90-3 (North Lake Elsinore Public Improvements). RESOLUTION NO. 2003-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES Page Five - City Council Minutes - July 22, 2003 ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 95-1 (Lake Elsinore City Center Public Improvements). RESOLUTION NO. 2003-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 98-1 (Summerhill Public Improvements). RESOLUTION NO. 2003-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES FOR AD 86-1 (Northwest Sewer District). 8. Resolutions Nos. 2003-29 to 2003-33 - Confirming Fiscal Year 2003-04 Special Assessments in Assessment Districts 86-1 (Northwest Sewer District), 87-2 (Shoppers Square), 89-1 (Summerhill Bridge Improvements), 90-1A (Summerhill Improvements) and 93-1 (Canyon Hills 93-1, Series 2000). (F:22.3) RESOLUTION NO. 2003-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES FOR AD 87-2R (Shoppers Square). Page Six - City Council Minutes - July 22, 2003 RESOLUTION NO. 2003-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES FOR AD 89-1 (Summerhill Bridge Improvements). RESOLUTION NO. 2003-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES FOR AD 90-1A (Sum merhill Improvements). RESOLUTION NO. 2003-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES FOR AD 93-1 (Canyon Hills 93-1, Series 2000). 9. Approved Final Map 30492-1, located at Canyon Hills Road, east of Railroad Canyon Road, subject to City Engineer's acceptance and authorized the City Clerk to arrange for recordation. (F:160.2) 10. Approved Parcel Map 30962, located at Canyon Hills Road, east of Railroad Canyon Road, subject to City Engineer's acceptance and authorized the City Clerk to arrange for recordation. (F:110.2) Page Seven - City Council Minutes - July 22, 2003 PUBLIC HEARINGS 21. Public Hearing Fiscal Year 2003-04 Citywide Lighting and Landscape Maintenance District - Resolution No. 2003-34. (F:22.2) City Manager Watenpaugh explained that this was an annual routine item, and noted that on June 10`h the City Council adopted the Budgets and this was the follow-up to adopt the assessments. He further explained that this was the public hearing for testimony and offered to answer questions. He noted that Jeff Cooper and Dennis Anderson were also present to answer questions. Mayor Brinley opened the public hearing at 7:05 p.m. There were no public requests to speak. Councilman Hickman noted that he lives in Tuscany Hills, and Tuscany Hills residents pay the most for this program. He indicated that these funds were passed-thru to the homeowners association to help care for the landscaping. He noted that there were some misconceptions that more homes would allow this fee to go down, however the only reductions would be to the CFD. He indicated that he had asked questions earlier today about rescinding this fee, but while he does not like taxes, at least this one is tax deductible. Councilman Buckley had no comments. Councilwoman Kelley had no comments, as this account was money in - money out. Mayor Pro Tem Schiffner had no comments. Page Eight - City Council Minutes - July 22, 2003 Mayor Brinley expressed understanding with the concerns expressed by Councilman Hickman, but noted that this was a housekeeping item to maintain the District. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE ADOPT RESOLUTION NO. 2003-34, SETTING THE FISCAL YEAR 2003-04 BENEFIT ASSESSMENT. Mayor Brinley closed the public hearing at 7:09 p.m. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1101 - regarding Second Dwelling Units. (F:60.1)(X:104.1) City Manager Watenpaugh noted that this was the procedural second reading. Councilwoman Kelley indicated that this was a second reading, which would bring the City into compliance with State law. Councilman Buckley clarified the meaning of this ordinance, noting that it defined second dwelling units on a single lot, attached or not. He also noted that one of the units must be inhabited by the owner of both units. City Attorney Leibold clarified that the application to construct the second unit must show that the applicant is the owner. Councilman Buckley presented a scenario to clarify the process. City Attorney Leibold further clarified that all building standards and regulations must be met. Councilman Buckley also noted that the second unit must match the design of the existing structure. Mayor Brinley questioned the inclusion of the Crime Free Multi-Family program. City Attorney Leibold indicated that as the Inspection Program moves forward it will be included for rental units which are second units. Page Nine- City Council Minutes -July 22, 2003 Mayor Brinley questioned the off-street parking requirements. City Attorney Leibold indicated that the Ordinance included a requirement of one space per additional bedroom. Mayor Pro Tem Schiffner noted that this was in conformance with the State law and of some benefit; however the City really had no option. Councilman Hickman had no comment. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1101, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO.1101 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 1717 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SECOND DWELLING UNITS AND AMENDING CHAPTERS 1719,17.20, 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: ABSENT: COUNCILMEMBERS: NONE NONE ABSTAIN: COUNCILMEMBERS: NONE Page Ten - City Council Minutes - July 22, 2003 32. Gang Suppression Program - Resolution No. 2003-35. (F:140.1)(X:127.2) City Manager Watenpaugh explained that this request was submitted by Chief Deputy District Attorney Rod Pacheco, but he had not yet arrived to make his presentation. He indicated that this was a request for conceptual approval and possible funding to address the recent rise in gang activity. He advised that the request was for the participating cities to contribute 50% of the position on a per capita basis. He noted that the concept had already been approved by a few cities like Moreno Valley, Hemet and Norco; and commented that it appeared that the cost would be very nominal. Mayor Brinley suggested deferring this item until Mr. Pacheco arrived. Council concurred with deferral of this item. 33. Little Padres Park Proposal. (F:ll4.6) City Manager Watenpaugh explained that a request had been received from the Padres and the Storm for the Council to modify its current policy and Master Plan to allow for a"turtleback" or grass infield for Little League. He indicated that the current policy was to allow for more than one use of each facility. He noted that staff had no objections, subject to Little League maintaining the facility. Steve Slack, 15325 Regatta Way, apologized that Mr. Katzman and Mr. Oster were not present, but explained that they would like to put in one grass infield on the Matich field, near the new bathroom facilities. He advised that this would allow a better opportunity to host either a Sectional or Division Tournament in Lake Elsinore. He noted that they had already hosted the District All Stars, and many compliments were received about the existing facility. He thanked staff for their work to make the fields look good. He explained that the Sectional Tournament would draw people from San Diego to Corona and from Oceanside to Palm Springs. He offered to respond to questions from Council. Page Eleven - City Council Minutes - July 22, 2003 Dan IJhlry, 103 Flint Street, expressed concern with taking a park and dedicating it to Little Padres, noting that Swick-Matich used to be a multi- use park. He commented that it was previously used to play soccer, and he was concerned that Little League was taking over Lake Elsinore and kicking soccer out the door. He noted that the Hispanic community enjoyed soccer as a family sport. He also expressed concern that they were using the field closest to the restroom, so other users would have to go around. Ron LaPere, 16867 Wells Street, noted his background in Little League with his sons and stressed the number of people a Section or Division Tournament would draw to the community. He commented that Lake Elsinore was a premier place for hang gliders and motocross and this would provide an opportunity to showcase Little League. He noted that the Padres and Storm were willing to renovate the field and the Little League Board of Directors had agreed, at his request, to maintain it. Mayor Pro Tem Schiffner noted that a City staff inember was at a Little League Playoff on the East Coast and they did not have a grass infield, so he was wondering if this was really a requirement for tournament play. Mr. Slack indicated that while it was not a requirement, it was something they would prefer over skin fields. Mayor Pro Tem Schiffner expressed concern that the field would no longer be useable for Girl's Softball and other events. Mr. Slack indicated that the only change was to take the mound off for Girl's Softball. Mayor Pro Tem Schiffner expressed concern with precluding other events to allow this for Little League, although it would look nice. He stressed that nothing should be done to make it for an exclusive use, as there are not that many fields in town. Mr. Slack indicated that the only reason it would not be available, was if they did not want to play on it. Mayor Pro Tem Schiffner questioned the base lines. Mr. Slack indicated that they would use the same size field for either. Mayor Pro Tem Schiffner further questioned the difference between Little League and Softball. Mayor Brinley indicated that there were portable mounds and bases which could be Page Twelve - City Council Minutes - July 22, 2003 moved, and there should be no reason why Girl's Softball could not play there. Mr. Slack concurred. Mayor Pro Tem Schiffner indicated that his only objection was if it eliminated use by other sports. Mr. Slack noted other cities with grass infields where softball is played. City Manager Watenpaugh inquired if the project included a true "turtleback" or just grass. Mr. Slack indicated that it was not flat; however the field wasn't flat now. City Manager Watenpaugh questioned the pitching distances. Mr. Slack clarified the distances. City Treasurer Judziewicz indicated that he was active as a manager and volunteer for Little League for several years. He requested that the Council consider that the City budget did not allow for this type of improvement without the Padres; and that the area was near the downtown area which would be an improvement for tourism. He stressed the City's ongoing effort to make the City more palatable for tourism, and suggested that tournaments would help with that effort. He indicated that it was safer to play on a grass infield, and the mound could be taken out for use by softball. He noted that the fences would keep adults from playing on the diamonds, but he did not see why the girls could not use the fields. He also noted that Girl's Softball had almost exclusive use of the Tuscany Hills Diamonds. He suggested that the Council support this request. Councilman Hickman indicated that it had been a while since his son played, but questioned the differences in plate distances from Little League to Softball, and if it would be conducive to both. Mr. Slack confirmed that it would be functional for both. Councilman Hickman expressed support for the request. Councilman Buckley indicated that this issue had been going on for about a year and a half, and the Padres and Storm were attempting to make a significant donation to the City. He addressed the issue of multi-use and noted that the fences were already permanent, so actually no other sports Page Thirteen - City Council Minutes - July 22, 2003 could use it besides Softball and Little League at this time. He questioned it the policy for multi-use was written or unwritten. City Manager Watenpaugh clarified that the Master Plan called for multi-use facilities. He indicated that a number of locations were becoming know for specific activities, such as Soccer at Terra Cotta; and stressed that it was a policy decision the Council would need to make. He stressed that if Council changed the policy staff would implement it; and noted that the Padres were ready to move forward with the project. Mr. Slack indicated that they would like to start work tomorrow. Councilman Buckley indicated that he thought it was a very good idea, and noted the special feelings for children playing on the best fields. He urged the Council to allow for this donation and allow the creation of this use specific field. Councilwoman Kelley questioned the park at Canyon Hills, noting that there was a large flat area on top and questioned if it would be for soccer. City Manager Watenpaugh indicated that it would be predominantly for soccer, but at this time there would be no lights. Councilwoman Kelley stressed that this would be an additional field soon. She noted that Mr. Slack came to her, but staff follows the policy as set, so she requested that the Council be asked to consider the policy. She inquired what the benefits of a grass field would be. Mr. Slack indicated that it was traditionally safer, more aesthetically pleasing and slowed the ball down more naturally. Councilwoman Kelley questioned the willingness of Little League to maintain the field. Mr. Slack confirmed and noted that they had investigated the requirements for maintaining the Bermuda grass which would be placed. Mayor Brinley commented that this was a great opportunity for the Little League to have a smaller version of the Major League field. She indicated that it would give them a source of pride and confidence and a great window of opportunity for marketing tournaments. She congratulated Mr. Slack on this donation and indicated that the City appreciated their efforts to maintain the fields. Page Fourteen - City Council Minutes - July 22, 2003 MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO CIIANGE THE POLICY AND APPROVE THE INSTALLATION OF A GRASS INFIELD. City Manager Watenpaugh requested clarification that the direction allowed staff to work with the Padres. Council confirmed. 34. Homeless Task Force Recommendations. (F:873) Tim Fleming 17970 Lakeshore, thanked Councilman Hickman for his appointment to the Task Force, noting that his desire to participate stemmed from a need to learn more about a growing situation. He expressed concern with the growing unwillingness to help others and indicated that the Task Force provided information on plans which could go forward. Loraine Watts, 210 N. Scrivener, thanked Councilman Buckley for her appointment to the Task Force and noted her background working with skid row Los Angeles and the homeless. She indicated that most people have the wrong concept of who the homeless, and noted the impacts of illness or unemployment. She explained the cycle of homelessness and the inability to gain assistance. She read a statement stressing that it was not o.k. to look down on those where were poor or powerless. Jerry Harmatz, 512 N. Spring Street, addressed the issue of homelessness and suggested options for use of the courthouse in trade for five acres of City property, with the courthouse site being used for a new City Hall site. He further suggested placement of a sign on the five acres as a site for a homeless shelter; and the artist concepts for the project and everything else would follow. City Manager Watenpaugh noted that the Task Force spent a lot of time and thanked them for their efforts. He suggested consideration of the immediate Page Fifteen - City Council Minutes - July 22, 2003 actions, while holding the rest for the establishment of a regional task force including other cities. Councilwoman Kelley thanked the Task Force for their hard work; and requested clarification of the immediate action vs. the long term action. City Manager Watenpaugh suggested consideration of the first three actions and deferral of the long term items to a regional task force for a regional solution. Councilman Buckley concurred with the first three items, but indicated that the long term actions actually went together. He indicated that the recommendation including the Riverside plan should be set aside and forwarded to the new regional body for consideration on a regional basis. He noted that he was a little concerned that if the Riverside model was adopted, it could be interpreted as committing to the construction of a shelter. He indicated that while the plan was good, it was too large for the City to consider. Councilwoman Kelley concurred that the Riverside plan was much too broad for the City, and she would not be in favor of supporting that idea at all. She agreed that might be an option for regional consideration. She indicated that the immediate actions were great and would continue to support interaction. Councilman Hickman asked Mr. Fleming if there was anything in the Riverside plan which they would recommend doing right away. Mr. Fleming indicated that the main thing they would like to see set into motion actions that would make a shelter or facility successful in Lake Elsinore. He noted that without the proper support system and infrastructure it would not be successful. Councilman Hickman indicated that he personally felt an immediate need to get the cities together. He noted that the proposal was interesting because it included weed abatement to reduce hiding places. He indicated that he was not interested in the homeless who were not willing to help themselves. Page Sixteen - City Council Minutes - July 22, 2003 Mayor Pro Tem Schiffner indicated that he was in favor of the recommendations as presented, but he would not adopt the Riverside plan, as he would like to leave it for the new group to be formed between the cities. Councilman Buckley concurred, but questioned the formation of the regional task force and if appointments should be made by the Council or the Task Force. City Manager Watenpaugh indicated that the discussion was of having elected officials server on the regional task force. Mayor Brinley thanked the Task Force for their time invested in some very lengthy discussions. She thanked Allen Baldwin for taking on the obligations as Chairman, and indicated that he did a good job in leading the Task Force. She indicated that she could support the immediate actions, but the County's plan was too ambiguous. She concurred with the formation of a regional group to participate, and provide the best care possible in the future. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE IMMEDIATE ACTIONS AND LONG TERM ACTIONS OF THE TASK FORCE TO INCLUDE SUPPORT FOR CREATION OF A REGIONAL TASK FORCE AND FORWARDING OF THE INFORMATION COLLECTED TO THE REGIONAL TASK FORCE FOR CONSIDERATION. Mayor Brinley presented Certificates of Appreciation to the Task Force Members present, including Maggie Schmitt, Dr. Donna Opoku-Agyeman, Heidi Cullen, Loraine Watts, Catherine Wellborn and Tim Fleming. They expressed thanks for the opportunity to serve and the recognition presented. 32. Gang Suppression Program - Resolution No. 2003-35 (Continued). (F:140.1)(X:127.2) Mayor Brinley noted the presence of Mr. Pacheco and welcomed him to the Page Seventeen - City Council Minutes - July 22, 2003 meeting. She noted that he was a former assemblyman and had been active in supporting law enforcement efforts. Chief Deputy District Attorney Pacheco thanked Mayor Brinley for the introduction and indicated that it was always a pleasure to be in Lake Elsinore. He apologized for arriving late, noting an accident on the freeway, which delayed him. He indicated that he had spent almost 40 years in the Inland Empire and noted the history in Riverside County. He commented that times were changing with increases in population, and advised that today there were 233 separate gangs in the County. He indicated that those 233 gangs had a total membership of almost 8,000 active members, not including associates and followers. He advised that one four block area in Riverside had 500 gang members and one four year old girl had been shot in that neighborhood on two separate occasions. He further advised that the Riverside County area was invaded on a regular basis by gangs from all over Southern California; and noted that there were an estimated 8,000 separate gangs in Los Angeles alone. He indicated that the County had to decide if the future of the community rests with the residents or with the gangs, noting other cities in which the residents had lost their communities to gangs. He indicated that millions of dollars were spent annually on all kinds of programs to address gang suppression and prevention; but stressed the importance of focusing the resources to establish a central source of information and address the hot spots. He advised that the proposed program borrowed from programs which had been previously successful. He indicated that his proposal included a Coordinator to identify all resources and bring them together to focus them on specific problem neighborhoods. He advised that the cost for this position would be $150,000 per year, with 50% being bome by the County and the rest split between the participating cities on a per capita basis. He noted that Hemet, Norco and Corona had unanimously agreed to participate and Perris would be considering the proposal in two days. He suggested that this would be a proactive approach and expressed appreciation for the consideration of support. Page Eighteen - City Council Minutes - July 22, 2003 Mayor Brinley questioned the participation in the program and stressed the importance of tough prosecution. Mr. Pacheco noted that he used to be in the gang unit, and had handled a number of gang cases; and commented that he prosecuted the first homicide carjacking in the 1980's. He indicated that the gang unit was very aggressive, with a no plea bargain policy. Mayor Brinley noted that the District Attorney's Office was strong on crime and followed through with cases. Mr. Pacheco introduced Kelly Keenan, who was in charge of the gang unit. Mr. Keenan indicated that he supervised the gang unit and was aware of the local problems. Councilwoman Kelley indicated that many of her questions had been answered and applauded Mr. Pacheco's efforts. She concurred that there was a need to deal with the gang issues and noted the steps delineated to get rid of the gang issues. She expressed support, but inquired if the position being created was solely to gather and disseminate information. Mr. Pacheco clarified that was part of the program, but it would also bring the agencies together to address specific concerns. He noted that he would envision the group, much like the Task Force discussed in the prior item. Councilwoman Kelley inquired if the Council would receive follow-up reports. Mr. Pacheco indicated that they would provide follow-up reports, but the Coordinator would work directly with City staff to focus resources on specific problem areas. He indicated that the Coordinator would be very direct and hands-on. Councilwoman Kelley noted the booklet presented and questioned where they would begin work, and how they would prioritize the needs. Mr. Pacheco indicated that it would be up to the group through collaboration to determine the hot spots. He noted that currently there was a war in Riverside between Hispanic and African-American gangs; and noted that they would identify those areas over a matter of months or weeks. Councilwoman Kelley inquired how soon the program would be operational. Mr. Pacheco indicated that it was necessary to come before the cities to gain support with resolutions to be forwarded to the Board of Supervisors. If the Page Nineteen - City Council Minutes -July 22, 2003 Board approves the program, they would come back to the cities with a draft MOU for the financial participation. He indicated that the final cost was not yet known, as the participation could be three or thirteen participating cities. He suggested that this process might be complete by January. Mayor Pro Tem Schiffner noted that Lake Elsinore had become financially able to increase its budget for law enforcement officers and fire fighters; and indicated that the City was committed to problems of this type. He indicated that he wished the City was in a position to contribute more, but supported contributing the share suggested. Councilman Hickman requested input from Police Chief Walsh on this program and inquired if the City had gang suppression programs. Chief Walsh indicated that the City had two officers assigned to gangs, but the proposed program with the coordinated effort would consolidate all efforts. He indicated that the Police Department would not have the resources to put such a group together; and commented that it was a very good suggestion. Councilman Hickman questioned "turf' and inquired if there were 18 gangs with that focus. Mr. Pacheco indicated that these numbers were actually very conservative, as they were based on identification by law enforcement. He explained that they had to be very careful about misidentifying gang members. He also clarified that "turf' involved identification of a location and staking that location out. Councilman Hickman questioned the "crypts". Mr. Pacheco explained that they were part of the gang started in Los Angeles, as are the "bloods. He further clarified the types of gangs and those persons who became involved in gangs. He noted that Los Angeles gangs were no longer content with guns and were now making explosives. Councilman Hickman questioned the requested option. Mr. Pacheco indicated that they were looking for approval in concept and the pledged commitment to the program. He reiterated that the amount would be negotiated with the County later. Councilman Buckley questioned the demographic trends and the impacts of Page Twenty - City Council Minutes - July 22, 2003 the "Bratton" program used in Los Angeles. He questioned "commuter" gangs. Mr. Pacheco indicated that this was an area where it was important to be proactive on the suppression level, and coordinate with local law enforcement. He noted that there were already meetings occurring with all of the area gang investigators in the Inland Empire. He noted that the homicide statistic had increased by 15% in Riverside County, predominantly due to gangs. He commented on the high number of murders on the District Attorney's case load, and indicated that it was the intent of the District Attorney to double the size of the gang unit next year. Councilman Buckley questioned the per capita basis for funding of this program, noting it might be a little as $2,000 or $3,000. Mr. Pacheco confirmed that it would be a very small dollar amount, and would ultimately depend on how many cities participated. Mayor Brinley stressed her concern for safety and law enforcements and inquired if the School Districts were participating in this program. Mr. Pacheco confirmed that they were participating on the intervention level. Mayor Brinley commented that this was an enhancement on what was already being done, and she wanted to be sure there was collaboration with the School Districts. She noted the City's participation in joint raids in the past and questioned the potential for coordinated raids with this program. Mr. Pacheco confirmed that was the intent of pulling the resources together. Mayor Brinley questioned if there would also be larger scale resources to assist with the prevention program. Mr. Pacheco confirmed that there would be increased resources on all three levels. Mayor Brinley commented that the gang information presented was startling and looked forward to tough prosecution by the District Attorney's Office. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-35, IN SUPPORT OF THE RIVERSIDE COUNTY DISTRICT ATTORNEY'S OFFICE GANG TASK FORCE. Page Twenty-One - City Council Minutes -July 22, 2003 RESOLUTION NO. 2003-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY DISTRICT ATTORNEY'S OFFICE GANG TASK FORCE. Mr. Pacheco thanked the Council for their support. Mayor Brinley thanked Mr. Pacheco for his efforts in the Assembly, on behalf of the City of Lake Elsinare. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:45 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:58 P.M. 33. Little Padres Park Proposal (Continued). (F:114.6) Mayor Brinley noted the arrival of Tim Katzman, representing the San Diego Padres and invited him to address the City Council. Mr. Katzman, Director of Corporate Communications far the Padres, expressed appreciation for the opportunity to address the Council. He indicated that the Padres intended to reach out to the community and seek to make a lasting impression in the lives of young baseball players. He advised that this would be the first Little Padres Park they had built and they believed they would make the community proud and provide the best possible playing surface. He indicated that they would begin work as soon as possible and dedicate the park on August 9~' or 10`~'. He presented their community report for distribution to the City Council. Mayor Brinley thanked Mr. Katzman for this comments and looked forward to a long relationship between the City and the Padres. Page Twenty-Two - City Council Minutes - July 22, 2003 35. The Re~ulation of Automobile Tent Sales. (F34.1)(X:151.1) Mayor Brinley noted that this item was discussed earlier today at the Agenda Review, and indicated that more legal information was needed, so the Council was going to continue the item to the next Council Meeting so more information would be available. She offered to honor the requests to speak on this item. Mike Kosakowski, representing Lake Elsinore Ford, indicated that his concern was about more than tent sales. He noted that while he does not live in the community, he has made substantial expenditures in the Community and employs 130 people who do live here. He indicated that in the next 24 months there would be more dealerships, owned by the existing ones. He stressed their requirement to pay sales tax and indicated that his dealership alone had generated $32 million in taxable income to date. He further stressed the income that the two existing dealerships provide. He indicated that a tent sale consisted of a promotion company, contracting with dealerships from outside the area. He stressed that this was not an issue of competition, as he is very competitive, but suggested that interested dealers could buy land and build a building, to guarantee revenue to the City. He detailed the Codes and Rules he was required to comply with and stressed the importance of following the rules. He indicated that he welcomed the competition, but not storefront dealers. He noted his dealerships donations to the City, schools and Rotary, amounting to over $50,000 this year. He indicated that he lived his life doing the right things and he would welcome others if they built a building. Vinnie Sanchez, President and CEO of VSPI, 119 W. Sulphur Street, thanked the Mayor and Council for the opportunity to speak. He noted that he did a lot of research before coming to Lake Elsinore, and indicated that he saw a lot of potential in the City. He indicated that he had made steps to buy property in other areas of Lake Elsinore, and was working on building a Class A Office Building. He indicated that he was only asking for Page Twenty-Three - City Council Minutes - July 22, 2003 permission to do what the existing dealers did already. He commented that he felt he should have the same opportunities to do business as the larger dealerships, and expressed hopes he could grow his business and donate more money than the others. He indicated that donations should be made from the heart and not construed as power. He advised that he had received his paperwork from the Board of Equalization, and the events would draw more business to Lake Elsinore from other areas. He noted that he had donated over $25,000 to Schools in the last two months. He indicated that he would like to go to City properties for his events, so the City could generate money as well. He further indicated that the VSPI Auto Dealer was approved by the Department of Motor Vehicles and he had a business license reflecting that approval. City Attorney Leibold requested a motion to continue this item. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO AUGUST 12TH AND INSTRUCT THE CITY ATTORNEY TO BRING BACK INFORMATION INCLUDING A SOLUTION FOR THE CONCERNS. 36. A~pointments to Multi-Species Habitat Conservation Plan (MSHCP) Sub- Committee. (F:76.3) City Manager Watenpaugh noted the request to appoint a Sub-Committee of the Council to a Task Force to work with Supervisor Tavaglione and possibly Supervisor Buster. Mayor Brinley suggested appointment of herself and Mayor Pro Tem Schiffner, with Councilwoman Kelley as the alternate for both of them. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE APPOINTMENT OF MAYOR BRINLEY AND MAYOR PRO TEM SCHIFFNER TO THE SUB- Page Twenty-Four - City Council Minutes - July 22, 2003 COMMTTTEE, WITH COUNCILWOMAN KELLEY SERVING AS THEIR ALTERNATE. 4. RSM McGladrey, Inc. - Approval of additional expenditure relating to the audit of the Williams Contract -$2,000. (F:52.1)(X:24.1) City Manager Watenpaugh explained that this item was a follow-up to an authorization previously approved in Closed Session. Councilman Buckley indicated that he pulled this item for a distinct vote. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER ANll CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE EXPENDITURE OF $2,000 FOR RSM MCGLADREY, RATIFYING THE CLOSED SESSION APPROVAL. 6. Approved Carp Disposal Contract & Task Order with LESJWA. (F:68.1)(X:92.1) Lake & Aquatic Resources Director Kilroy explained the item as proposed and indicated that it would improve water quality and sport fishing. He indicated that this was a short term contract with LESJWA; and noted that the contract would carry a$650 per trip charge or about $.OS per pound for carp disposal, not to exceed $45,000. Councilman Hickman noted his interest was in giving Mr. Kilroy a chance to update the community on the progress to date. Mr. Kilroy indicated that his staff had done a fantastic job with 425,000 lbs. removed since June; and advised that this put them well on the way to restructuring the fishery. MOVED BY HICKMAN, SECONDED BY KELLEY TO APPROVE THE AGREEMENT FOR DISPOSAL SERVICES AND TASK ORDER NO. 1. Mayor Pro Tem Schiffner questioned the comparative costs when the project Page Twenty-Five - City Council Minutes -July 22, 2003 first started. Lake & Aquatic Resources Directar Kilroy indicated that the removal was costing about $1.06 per pound at the first of the year; however City staff had been trained and were now on their own, reducing the cost to about $.18 per pound. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:20 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:21 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Dan Uhlry, 103 W. Flint, expressed concern with tent sales and the potential for infringing on rights of free enterprise for entrepreneurs. He commented that everyone had the right to do business if they adhered to the regulations. He noted that while he understood the concerns, and did business with both existing dealerships; but stressed the rights of free enterprise which is a basis of the United States. He indicated that doing something to protect the existing dealerships and still allow free enterprise would be acceptable, but he would be against cutting off free enterprise. He also addressed the MSHCP and expressed concern with the potential loss of Measure A funds. He indicated that the MSHCP would force the creation of open space, and he would want to see more open space, passive parks, hiking trails, etc. He questioned the ad hoc committee on the credits awarded to developers and how they would be applied. Gil Rasmussen, representing Elsinore Magazine.com, indicated that he was distressed at the last meeting with the action taken on the former Landscaper, with the auditor being sent back for more investigation, as there were no documents to investigate. He indicated that he could only surmise that the auditor was sharpening his pencil on the amount that had been over billed. He commented that the relationship had been severed with the vendor as a result of the report. He Page Twenty-Six - City Council Minutes - July 22, 2003 indicated that about'h of the $400,000 paid to the vendor was without receipts and was fraudulent. He indicated that the Council action to sever that relationship, and relatives could no longer give work to other relatives; and noted the irony. Lt. Col. Paula Graver, 218 Ellis Street, read excerpts from an open letter from an Army Major in Iraq, which indicated that the news on television was exaggerated. The letter also detailed the progress made since the war with regard to electrical power, water purification, oil and fuel refineries, eta The letter stressed the need to eliminate the bad guys, help the people of Iraq and destroy the remaining weapons. Tim Fleming, 17970 Lakeshore Drive, thanked the Public Works staff for the prompt removal of graffiti on Lakeshore Drive near Chaney Street. He indicated that prompt action was needed to keep the problem in check. He noted the graffiti included the same initials that he had seen for nearly five years and he was not sure why the person could not be caught. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Indicated that staff would bring back information with regard to retail sales at the Stadium. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. Page Twenty-Seven - City Council Minutes -July 22, 2003 CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Indicated that HOPE still needed money, and noted that Mr. Harmatz had helped raise enough for three months. He suggested those persons interested in contributing call Mr. Harmatz at 674-2817. 2) Noted that the Senior Citizens Rental Rebate Program filings were back at the Seniar Center. He recommended that seniors call and make an appointment to do the paperwork. 3) Noted that he went to the League of Cities Conference and indicated that a constitutional change was being requested so the State could not just steal the money from cities. He expressed concern and questioned the budget figures if they consider taking away sales tax dollars. He stressed the need to show a new source of income, but questioned how property tax would affect the City. He indicated that he was also concerned with the VLF backfilL He commented that he attended a seminar of Information technology and one on diversity. He indicated that he worked hard and tried to learn a few things. He indicated that the budget problem would not be resolved this year or next year or maybe even in five years. Councilman Buckley commented on the following: 1) Announced the NAACP meeting at the Library this Saturday at 11 a.m. 2) Concurred with Mr. Uhlry's comments on the MSHCP and expressed belief that if the City opted out of the program its growth would be strangled. He also concurred that the credit question was very important. Page Twenty-Eight - City Council Minutes - July 22, 2003 3) Addressed Tent sales and noted that the City had to follow the law and do everything to encourage growth and new businesses and protect the car dealerships. He indicated that donations aside, the dealerships were an important economic factor in the City's recent growth. 4) Reminded Council of the WRCOG General Assembly on August 7"', and indicated that more information was available by calling (909) 955-8432. 5) Thanked the Padres, the Storm and Little League for coming forward with a special field for the community. He apologized for the delay in approving this request. 6) Thanked Police Chief Walsh, indicating that he got a call from someone on a transient issue; and they later called to say they were incredibly impressed by the officer actions to resolve the issue. Councilwoman Kelley commented on the following: 1) Noted that she also attended the Monterey Conference, and heard a lot of interesting speakers. She noted that there was enlightening information on housing issues; and indicated that she would be bringing an orange card to Council to help prevent the State from raiding the City's budget. 2) Responded to Mr. Uhlry and noted that while the MSHCP would set aside land as habitat, it would be fenced and the public would not be allowed on it; so it could not be parks or trails. She indicated that she wanted to clarify so no on had the wrong expectation. 3) Thanked Ms. Graver far the update from the letter, noting that a lot of this information had not been available. Page Twenty-Nine - City Council Minutes -July 22, 2003 4) Reminded the community of the Concert Series which begins August 16`~' and detailed the concerts. She indicated that the concerts were free, thanks to local businesses. She encouraged everyone to bring a picnic and a blanket and enjoy the concerts, and noted that wine and soft drinks would be sold. Mayor Pro Tem Schiffner commented on the following: 1) Addressed the MSHCP, and noted that there was the potential for two propositions. Under the current one, 29 species would be protected and they have to occupy the property; however under the new proposal 146 species would be protected and they would not have to occupy the property. He suggested that this was a rehabilitation process; rather than a conservation process. He indicated that the administration of the program would be very broad and take authority from all public agencies. He suggested that if someone wanted a swimming pool in their back yard, they could be required to check for burrowing owls and might still not be allowed to build. He further suggested that it would not be possible to get a permit for an addition without going through the process. He offered to point out this information in the reports if any one did not believe it. He indicated that he was not opposed to conserving land for endangered species, but he objected to the issues mentioned. Mayor Brinley commented on the following: 1) Addressed the MSHCP, and indicated that there was no compensation detailed for the land or development forfeited. She expressed concern regarding the commitment to specific plans already in place, and noted that lawsuits had already been filed by the developers. She stressed that there were a lot of issues to be addressed and questions to be answered. Page Thirty - City Council Minutes - July 22, 2003 2) Announced the Support Our Troops Rallies on Saturdays in front of Burger King; and suggested interested parties obtain more information by calling Paula Graver at 245-8587 or e-mailing paulagraver.com. ADJOURNMENT MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CTTY COUNCIL MEETING AT 9:50 P.M. ATTEST: , CITY OF LAKE ELSINORE VICKI KASAb, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE