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HomeMy WebLinkAbout05-28-2002 City Council MinutesMINUTES REGULAR CiTY COUNCiL MEETTNG CTTY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALlFORNLA TUESDAY, MAY 28, 2002 ,~~~~,~~,~,~,~~~~,~~,~~~~,~*:~~*~,~~~~~~~,~*,~~*~,~,~~,~~*~*~~,~~,~~~~*~~,~~,~*,~~~,~~:~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Kelley at 5:09 p.m. ROLL CALL PRESENT: COiTNCILMEMBERS: BRINLEY, BUCKLEY, ffiCKMAN, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: NONE Aiso present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Engineering Manager O'Donnell, Information/Communications Manager Dennis, Deputy City Clerk Paredes, and City CIerWHuman Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.8) - United Public Ernpioyees of California, LIIJNA Local 777. City Attorney Leibold announced the Closed Session discussion itern as listed above. PAGE TWO - CITY COUNCIL MINUTES - MAY 28, 2002 TFIE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:10 P.M. The Closed Session discussion was completed at 6:55 p.m. RECONVENE PUBLIC SESSION Mayor Kelley reconvened the Regular City Council Meeting 'vn public session at 7:06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance wasled by City Clerk/Human Resources Director Kasad. INVOCATION The Invocation was provided by Father Robert Guerrero; representing St. Francis of Rome Church. ROLL CALL PRESENT; COI1NCiLMEMBERS: BRINLEY, BUCKLEY, HiCKMAN, SCHiFFNER, KELLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Police Chief W~lsh, Information/Communications Manager Dennis, City Clerk/Human Resources IDirector Kasad. PAGE THREE - CITY COLINCIL MINUTES - MAY 28, 2002 PRESENTATIONS A. Presentation -Business of the Ouarter - Winter 2002. Mayor Kelly called Dennis & Carmen Malone from Highgrove Restaurants forward for presentation. She noted that they represented both Coco's and Denny's restaurants, and detailed their participation in the Chamber of Commerce, Cops far Kids, Student of the Month Program, and Concerts in the Park. She presented Mr. Malone with his plaque and noted the perpetual plaque which, hangs in City Ha11. B. Proclamation - Outreach Team. Mayor Kelley called Francis Charles and Robert Patrick forward for presentation. She read and presented them with a Proclamation recognizing the Outreach Team and their cooperation+with the Ciry's Code Enforcement Division. Mr. Patrick thanked the City Council for this recognition and noted their work with the Police Department, HOPE, Code Enforcement, etc. He noted that Mr. Steve Milton was unable to attend, but important to the program. PUBLIC COMN~NTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 7, 31, 32 and 33. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: PAGE FOUR - CITY COUNCIL MiNUTES - MA,Y 28, 2002 Item Nos. 5 and 7. MOVED BY BRINI,EY, SECONDED BY BUGKLEY AND CARRIED BY UNANIMOITS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint Study Session with Lake Elsinore Unified School District - April 30, 2002. b. Special City Council Meeting - Apri130, 2002. a Regular City Council Meeting - May 14, 2002. The following Minutes were received and ordered ~led'. d. Planning Commission Meeting - May l; 2002. 2. Ratified Warrant List for May 16, 2002. 3. Received and ordered ~led the Investment Report for April, 2002. 4. Authorized Harris & Associates to perform engineering work necessary to complete the Casino Drive Bridge at San Jacinto River Seismic Retro~t. 6. Adopted Resolution No. 2002-21 Authorizing Stop Sign Controlled Intersection at Elena Drive and Roya1 Oa1c Lane. RESOLUTION NO. 2002-21 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE DESIGNATING TAE LOCATION OF CERTAIN STOP iNTERSECTiONS. PAGE FIVE - CITY COUNCIL MINUTES`- MAY 28, 2002 PUBLIC HEARING 21. Ordinance No. 1081 & Resolution No. 2002-22 - Establishin D~ evelopment Impact Fee for the Traffic Infrastructure. Ciry Manager Watenpaugh explained this item and noted that staff had been working on the program for over a year; and while it was being presented at this meeting, it would not be in effect unti160 days after the 2°d reading of the Ordinance. Community Development Director Brady noted that the City was in a growth spurt and seeing the related increases in traffic. He explained that the City entered an agreement with LSA Associates to develop a Traffic Impact Mitigation Fee; and they had done an extensive study and prepared the proposed fee schedule. He advised that a Study Session was held on Apri12, 2002, and with members of the public in attendance; it was reviewed, and the program was further refined to the current proposed fee schedule. He explained that the fee was based on the expectations by the year 2025, from the proposed land uses and the needs for road construction and expansion. He advised that the total cost forthe program would be about $115 million, for all of the improvements: He noted that a review of the proposed fee schedule was made and a proposal was made to reduce it appro~mately 30% for commercial, industrial and office uses, based on the generatron of jobs and tax revenues for the Gity. He indicated that the proposed fees were in:line with those chazged by adjacent communities to the south. He detailed the costs by category being $1,197 per single family home; $838 multi-fasnily unit, $3,35 per square foot of commercial building, $1.26 per square foot of office building, and $.'71 per square foot of industrial development. He reiterated that this Ordinance would be effective on August 10'~ with it being applied starting August 12`~. He noted cornments during the Agenda Review of this date, requesting that staff notify the development community of the acrion taken by the Council on this item. PAGE SIX - CITY COUNCIL NIINIITES - MAY 28, 2002 Councilman Hickman requested clarification that the builders with projects ' under construction would not be impacted. Community Development Director Brady clarified that they would not be impacted if their projects were signed off by August 10`~, however if they did not have Certificates of Occupancy they would be charged the fee. Mayor Kelley opened the public hearing at 7:22 p.m., asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:23 p.m. Councilman Hickrnan noted for the public that the residential fee had gone from $.03 per square foot to $197.00 per square foot, so additional funds would be generated. Councilman Buckley indicated that he thought this fee was reasonable, appropriate, necessary and long overdue. He noted that several developers were present at the study session and they too were fine with it. He compared the fees to those of Murrieta, Temecula, Corona and the County, and suggested that it would not place the Ciry at a competitive disadvantage. He indicated that he was in support of the fee. Mayor Pro Tern Schiffner questioned the effective date, and noted his understanding that it would be charged at the issuance of the building permit, however it sounded like it would be with the Certificate of Occupancy. Communiry Development Director Brady confirmed that for now, residential would be at the Certificate of Occupancy, but Office, Commercial and Industrial development would pay at the issuance of the building permit. Councilwoman Brinley noted that the proposed fees were comparable to the other cities, but requested that a letter be sent to inform the development community of the changes and the effective dates. PAGE SEVEN - CITY COUNCIL MINUTES - MAY 28, 2002 Mayor Kelley noted that this fee had been considered for several years and had taken quite a while to study. She comrnented that the current population was over 30,000; with the projection of 80,000 by 2025, further impacting " traffic. She reiterated that.this fee strucfure was for new construction only, to mitigate their contribution to traffic; and would not irnpact e~sting houses. MOVED BY BRINI.EY, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1081 UPON FIl2ST READING BY TITLE ONLY: ORDINANCE NO. 1081 AN ORDINANCE OF TI3E CITY GOUNCIL OF THE CITY OF LAKE; ELSINORE, CALIFORNIA, ADDING CHAPTER 16.74 TO TITLE 16 OF THE LAKE ELSINORE MUNICIPAL CODE ESTABLiSHiNG FEES ON DEVELOPMENT PROJECTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRiNLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NOES: GOUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE THE MAIN MOTION WAS AMENDED TO ADOPT RESOLUTION NO. 2002-22, AND ELIMINATE THE STREET CAPITAL FEE. PAGE EIGHT - CITY COLTNCIL iVIINUTES - MAY 28, 2002 RESOLUTlON NO. 2002-22 A RESOLUTlON OF THE C1TY GOUNCIL OF THE C1TY OF LAKE ELSINORE, SETTING TI3E FINES FOR VIOLATIONS OF CHAPTER 6.04 OF THE LAKE ELSINORE MCTNICIPAL CODE. BUSINESS ITEMS 31. Councilman Bucklev's Request for SalarY/Benetits Survey. City Manager Watenpaugh explained this request, following clarification of a request from Mr. Buckley. He advised that staff was requesting a parity study, per a request by the.Union, as there had:not been one completed since 1987. He explained that the study would allow for parity between job responsibility and salary; and could be authorized now or at budget time. Editli Stafford, 29700 Hursh Street, commented that she supported having the benefits survey on salaries. Chris Hyland, 15141 Wa~ecrest, noted discussion of this item at the study session and agreed with Councilman Buckley because she had been pounding on salaries for many years. She suggested that the salaries were ludicrous, based on her research in Southern and Northern California. She further suggested that something was being hidden, and commented that when the hourly staff got a raise, management got a raise. She indicated that this would change, when they succeeded at getting a new Council. Councilman Buckley indicated ihat this item came about because he requested a comparison of information for Ciry staff to other cities, for department heads and managers. He commented that it was not an attempt to micromanage, but an attempt to get information. He suggested that there was a miscommunication, and this was more complex than he had intended. He noted a sheet that was FAXed to other cities regarding salary and benefit PAGE NI1~TE - CTTY'COUNCIL MINUTES - MAY 28, 2002 costs, which he wanted before getting into budget discussions. He indicated that he understood that while the jobs were not aH the same, without job descriptions, it would provide a snapshot of general salary trends and significant differences from other cities. He commented that while parity was different he would support it. Councilman Hickman concurred with Councilman Buckley, but expressed concern with being able to compare appies to apples. He noted that the City was currently in negotiations with the Union, and siressed his fiduciary responsibility. He expressed concern with the potential State impacts causing a deficit. He suggested a few more positions should be added to the list, but expressedsupport for the study. Councilwoman Brinley noted that this item was clarified at the Study Session, and a few more things would be added and sent out to simplify the information. She commented that the parity study was in the budget for 2002-2003, and suggested adding and deleting a few cities and proceeding. Councilman Hickman noted that a parity study would take months. Mayor Pro Tem Schiffner indicated that he was in favor of a study to see where the City was, as the proposed survey would be like comparing apples to oranges. He indicated that while he did not thinlc the survey would be worthwhile, it was o.k. if the Manager wanted to send out questionaires, and complete the study in the next budget year. He indicated that he would like to see the study initiated as soon as possible. He e~lained the types of issues to be compared and indicated that it would cover everyone, management and general employees. Mayor Kelley indicated that she was in fa~or of the parity studg as requested by the Union and Managernent. She explained that the study would look at job descriptions, and noted that many people were doubling responsibilities. She indicated that it was important to ha~e a valid and eomplete study and the parity study was the only way to do that. She FAGE T~N - CITY COUNCIL MIN UTES - MAY 28, 2002 indicated that there had been a lot of miscommunication about the request, but it appeared to be a very time consuming request and one the entire Council should address: She stressed the lnnited nature of the survey the City Manager would FAX out, and reiterated that the parity study wouid compare every job description, across the board, with other cities. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANiMOUS VOTE TO LAUNCH THE PARITY STUDY IMMEDIATELY, IN THIS BUDGET YEAR AND CLARIFY THE SURVEY AS STATED EARLIER. 32. Amendin~ Ordinance for Animal Control• Resolution Setting Fines for Violations of Chapter 6.04 of the Lake Elsinore Municinal Code~ and First Amendment To the Aexeement for Anunal Control Services. Ciry Manager Watenpaugh noted that many hours had been spent to revised and prepare the proposed Code. He also noted that a minor modification of verbiage had been discussed at the Study Session earlier that day. Community Services Director Sapp provided an overview of the services provided by LEAF/Ani~nat Friends since 1987. He explained that changes had been needed for quite a while, and the issues had now been warked out and the fines revised. City Manager Watenpaugh reminded the Council that this item would require consideration of three separate actions. Bill Tucker, 740 Acacia, questioned the potential for door to door canvassing. City Manager Watenpaugh indicated that the proposed materials would allow for canvassing or soliciting. Mr. Tucker indicated that he was against canvassing, because Animal Friends did not have time to address the dogs on the street, although they did a fantastic job. He stressed PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 28, 20Q2 his concern with going door to door, and noted that they did not open until 10 a.m., and could not provide service until then. Willa Bagwell; representing Animal Friends, clarified that State law required that all animals be licensed, and noted a recent exposure to rabies in the area. She stressed that all animals four months old and older must be vaccinated and licensed: She indicated that Animal Friends trucks were in the field at 8 a.m., butthe shelter did not open untiI 10 a.m.; to allow for cleaning. Councilman Hickman expressed snpport, noting that all animals should be licensed. He apologized for this process taking so ]ang. Councilwoman Brinley indicated that she had no problem with this item, as they were capable of answering the concerns addressed at the study session. Councilman Buckley addressed the door-to-door canvassing and concerns fliat they would be demanding money on the spot. He clarified that Animal Friends would first issue a warning, before demanding money. He concurred that all dogs, cats and other animals should be licensed. Mayor Pro Tem Schiffner noted that the biggest issue was the canvassing, and it had been turned down once before, but he had decided this time that it was the best way to go. He indicated that it was a fund-raising operation in tt~at getting a majority of the animals licensed as required, would hel~ support ttie efforts in taking care af the aiumals: He stressed that the Iaw required that animals be iicensect; aithougti manypeopte ttiink it is not neeessary i€the animals st~yed in ~he yard. He ft~tYter st~essed tliat it also rela~ec~ ta vaee~atio~s and saf€ty. He noted tliat wildlif~ sueh as squirrels in the axea could carry illnesses and stressed the necessity of vaccinations. He requested that sfaff clarity the primary changes in the proposed action. City Attorney Leibold explained the revisions, which were generally clerical. She noted that the only comments reeeived ftom Aiiimal Fr~ends PAGE TWELVE - CITY COUNCII,IIZINUTES - MAY 28, 2002 were that they would like to see modi~cation of the definition to include "potentially dangerous or vicious confinement/dog", making it a more comprehensive term. She advised that the new ordinance established a new fee schedule far licenses and detailed the fees, noting a discount for senior citizen pet owners and schedule for cat licenses. She indicated that it included an allawance for animal control to conduct inspections, an obligation to keep all catteries and kennels safe and sanitary, and comply with State law requirements. She noted that the Resolution established a fine schedule for $100, $200 and $250 for progressive offenses, which was less than the State tines of $100, $200 and $540. She also note a claritication of revenues generated and how the revenues would be paid to Aniinal Friends for services provided. Mayar Kelley noted that this was discussed again at today's study session, and concurred that canvassing was stili the main issue; but it appeared to be worked out. MOVED BY SCHIFFNER, SECONDED BY BRINLEY TO ADOPT ORDINANCE NO. 1082 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1082 AN ORDiNANG'E OF TAE CiTY OF LAKE ELSINORE; CALIFORNIA, ADDING, AMENDING AND DELETING DESIGNATED SECTIONS OF CHAPTER 6.04 OF TFIE LAKE ELSINORE MLJNICIPAL CODE REGARDING ANIMALS AND ANiMAL CONTROL OFFICERS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, AICKMAN, SCFIIF'FNER, KELLEY PAGE THIRTEEN - CITY COUNG'IL 1VIINUTES - MAY 28, 2002 NOES: COUNCILMEMBERS: NON~ ABSENT: COUNCILMEMBERS: NONE ~BSTAIN: COUNCILMEMBERS: NONE MOVED BY BRINI,EY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION N0. 2002-23, AND AUTHORIZED THE MAYOR TO EXECUTE THE PROPOSED FIRST AMENDMENT TO AGREEMENT FOR ANIMAL CONTROL SERVICES. RESOLUTION NO. 2002-23 A RESOLUTiON OF TAE CiTY COUNCiL OF TAE CiTY OF LAKE ELSINORE, SETTiNG TflE FiNES FOR ViOLATiONS OF CHAPTER 6.04 OF THE LAKE ELSINORE MUlvICIPAL CODE. 33. Park & Recreation Maintenance District Assessment Ballots. City Manager Watenpaugh explained that this was a discussion regarding the casting of ballots for City-owned properties. He explained that there were 76 ballots for $3,172.14 dollarslvotes. He noted a question from the earlier study session regarding the Stadium, and clarified that the Stadium and Parking Lot were part of the parks, which were exempt. He explained that only City Hall and the Gultural Center were being assessed under this. He advised that Council could change this arrangement, if theg chose to do so. Chris Hyland, 15191 Wavecrest, expressed hopes that homeowners had sent back assessment ballot with "no° votes. She noted that the Committee was working hard to put out flyers and noted the points of contact for participation. She indicated that every no vote counted, and begged the residents to get iheir votes in. She, further indicated that if the assessment PAGE FOURTE~N - CITY COUNCIL MINUTES - MAY 28, 2002 passed, it would be rescinded; as they are working with the Jarvis Taxpayers Association. She questioned why the Stadium was considered exempt. City Manager Watenpaugh clari~ed that it showed as a park under the General Plan. Mrs. Hyland questioned that status, since the facility was leased to someone else. City Manager Watenpaugh clarified further. Councilman Buckley commented that the Stadium was listed as part of the Parks Department and suggasted that based on the Assessment Report it was not; and was not being assessed. City Manager Watenpaugh clarified further and noted that a supplemental ballot could be obtained to a11ow the City/RDA to vote. City Attorney Leibold claritied that the Stadium would be considered by the Agency. She noted that the Engineer's Report listed a schedule of exempt facilities and did not identify the Stadium as ane of those facilities. City Manager Watenpaugh indicated that this was a problem in the Engineer's Report to be clarified. City Attorney Leibold confirmed that this needed to be clarified. Jim Morris, 15220 Golden Sands, indicated that this item was important, because the Council had the right to cast over 100 ballots. He suggested that the Council had every opportunity to decline to vote on this issue; and commented that the votes should be left to the voters. He noted the redundancy of this issue, but suggested that declining to vote would gain the trust of the people and serve as a unifying force. Edith Stafford, 29700 Hursh Street, expressed hope that her questions would be answered, but were not. She questioned how the Council could vote on this item and avoid a conflict of interest. She questioned if there was a benefit to a Councilmember owning property and being assessed; and asked how the Cultural Center was classified. City Manager Watenpaugh indicated that there were recreation programs housed in the burlding, so while it was listed as a City owned facility, it was not a park facility. City Attorney Leibold explained the ability of the City Council Members and Redevelopment Agency Board Members to cast ballots on City and PAGE FIFTEEN - CITY COUNCIL NIINUTES - MAY 28, 2002 Redevelopment Agency owned properties; and clarified that it would not be a conflict of interest to the Rolirical Reform Act; as they were simply representatives of the CityfAgency. Ace Vallejos, 15231 Cobre Street, commented that as the conducting authority, the Council was responsible for the ballots, which were a11 to be mailed in by the June 25"' deadline. He noted that the City Gouncil voted 3 to 2 and questioned the fairness of this situation when the residents only got one vote. David Cheney, noted that as most ha~e already said, the vote if cast would again be 3 to 2. He appealedto Mayor Kelley, as the most honorable of the "old school Council", to avoid what appeared to be a very manipulative situation_ He suggested that since staff was handling the ballots, voting by the Council should be precluded. He commented that husband and wife could ha~e different opinions, but oniy one vote; however the Council was not limiting themselves.' City Manager Watenpaugh explained that the mailed ballot process was included in the initiative, and Gouncil could orily proceed in the way it was. He fiuther explained that the ballots were being brought into City Ha11 and placed into a locked box. He stressed that the ballot count would be open to the public, but ballots must be received by 5 p.m. in the mail or at the public hearing. He noted that private property owners could get a provision ballot to a11ow them to split then- batlot; however the Council could only vate as a block. City Attorney Leiboid clarified that it was the right of the Council to vote on non-exempted propertaes because they served as the elected representatives of each agency. She indicated that they were allowzd to vote, but not required to vote; so the first question was, did they want to cast their ballots, and second how they would vote. She stressed that there was no individual fmancial interest and no conflict of interest. PAGE SIXTEEN - CITY COUNCIL MINLTTES - MAY 28, 2002 Councilman Hickman noted the Stud.y Session earlier today, and suggested that those members of the Council who did not pay taxes should recluse themselves from this vate. He indicated that he was against the assessment and didn't like the City voting on it, He suggested that the only way to resolve this issue would be to split the 76 votes so the City Council actually had its say. He noted that this was approved by a 3 to 2 vote originally, and suggested that the perception of that vote said a lot about the Ciry. : Councilman Buckley addressed the process, and indicated that there was a point before the ballots were mailed that if the Council had decided they should have mailed ballots to every public agency to see if they believed their property to be exempt, which would have prevented this issue. He explained that most public agency property did not pay property taY, so independent invoices would be required, and the Ciry wouid ha~e to hope they would pay. He indicated that another problem was whether the Stadiuxn was included, and how it was classified by the Assessor and the Engineer. He indicated that he asked about the Stadium in the beginning; but if the Stadium was a park and not included in the budget, it couldn't be back filled because the budget was already set. He noted that it was his first year to participate in the budget process, but he was in favor of cutting first and taxing second. He agreed that it wouldlook bad if the City voted and eapressed concern with issues of double t~ation. He indicaYed that the City was different from other public agencies; as the Water District should vote if it has to pay, however they were not voting to give themselves more money. He indicated that °legally defensible" was not enough for Lake Elsinore, and it needed to be better. He expressed concern for the potential of the City Council voting 3,700 votes and having the measure pass by 3,500 votes, as it would negate the will of the residents. Councilwoman Brittley inquirad if the Ciry Clerk had received any written correspondence on the issue being discussed tonight: City Clerk/Human Resources Director Kasad reported no written conespondence. Councilwoman Brinley questioned the City Attorney with regard to conflict PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 28, 2002 on the part of non-property owners on the Council. City Attorney Leibold clarified that the Council sat as elected representatives of the City/Agency, and would not be votixig on individual property rights. She stressed that the CounciUAgency served as the representatives designated to cast votes on behalf of their enrities. She reiterated that they were not obligated to cast a vote, but could vote. Councilwoman Brinley indicated that this process was a way far the community to ha~e input via their ballot, and commented that in no way did the Council think of closing the parks if the assessment fauiled She noted rumors of closure, but indicated that the Council had not entertained the notion of ciosing parks. She stressed that the assessment was suggested in working with User Groups to determine how the community at large felt about it. She cornmented that in light of current State issues, the City needed to be sure it could support the parks. She stressed the need for safety; and green fields to play on. She noted that she lived in the City and pays a lot of other taYes, but she was willing to pay that share for her grandchildren and other children in the area. Mayor Kelley indicated that she had personally worked with the User Crroups and they had been very supportive of this issue. She stressed the quality of life issue of parks, and indicated that she knew the City would take budget cuts from the State, although the timing and how much were not yet known. She indicated that she never wanted to close the parks again, but the City was looking at protecting the parks and upgrading the maintenance of the parks. Mayor Pro Tem Schiffner noted that his comments would surprise some people, noting that during his tenure he had been insulted by many people, most of them opposed to the bond issue. He noted that he had considered, with pride, that if that group was opposed to what he did, he must be doing it right. He indicated that it was difficult to agree with them at this time, but he agreed that he didn't want to be the one to swing the issue. He further indicated if the matter couldn'fipass by more votes than the City's property he would not be rn favor of it passing. He commented PAGE EIGHTEEN = CITY G'OUNCIL MINUTES - MAY 28, 2002 that he would probably vote to not cast the ballot. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 3 TO 2 WITH BRINLEY AND KELLEY CASTING THE DISSENTING VOTES TO NOT CAST TFIE BALLOTS ON CITY OWNED PROPERTY. ITEMS PULLED FROM C~NSENT CALENDAR 5. Sigais of Su~port License A~reement. Ciry Manager Watenpaugh explained that this was a request to consider an agreement with Signs of Support, and noted that representaYives were present to make a presentation. Assistant Ciry Manager Best noted that Mr. Missett of Signs of Support had approached the City to place signs on the rear of City vehicles in support of community issues. She explained the program and noted that 50% of the gross revenues would be donated back to the City. She advised fhat the Ciry had fmal approval of all signs and noted the samples of signs used in other communities. She explained that the agreement would aliow all work to be done at the City Yard. She noted the limitations on the types of businesses which would be allowed to advertise: Councilman Buckley indicated that he pulled this item from the Consent Calendar because the packet only had a one page brief outline, and the balance of the information was provided at 7 p.m. He indicated that he had not had enough time to make a decision. He expressed concern with the perceptions of the Gity endorsing a product or service; and requested that this item be tabled until the next meeting. Councilman Hickman noted the packet presented this evening, indicating that it sounded like a good deal and he saw nothing wrong with it. He suggested moving forward, as it would benefit the Ciry. PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 28, 2002 Councilwoman Brinley indicated that she saw no problems with the proposal and only benefits. Mayor Pro Tem Schiffner inquired what type of advertising would be provided. Tom Missett, representing Signs of Support, explained that this was a retirement project for hitn, after running a newspaper for 32 years. He indicated that they had implemented the program in several other communities; and noted that they were unanimously approved by the 8oard of Supervisors in San Diego County. He explained that the program was intended to help kids, making them abie to participate in sporting events, like Litt1e League or Pop Warner FootbalL He indicated that there was no outlay by the City and no work would be required by the City. He further indicated that there would be no downtime for the trucks as the work is done on weekends. He advised that the gross revenues would be split 50- 50, and offered to answer .any additional questions. Mayor Pro Tem Schiffner questioned a typical list of advertisers. Mr. Missett noted that he ran a family newspaper for many years; and was bound by confract not to accept ads from bail bondsmen, or far sex, alcohol or tobacco products. He indicated that he had only seen one sign not accepted, but he would not put anything up for consideration that would not be acceptable: Mayor Pro Tem Schiffner inquired if there would be a different sign on every vehicle. Mr. Missett indicated that the one in the packet would be seen on six vehicles initially, but they would explare other vehicles to provide additional funding to assist the kids. Mayor Pro Tem Schiffner indicated that it sounded like a good idea, but he would like the ability to designate where the money went. Mr. Missett confirmed that there would be that opporlunity. Mayor Kelley questioned who would get the scholazships far the sports. Mr. Missett indicated that a list of signs would be provided every month PAGE TWENTY- CITY COUNCIL NIINiTTES - MAY 28, 2002 with a check to the Ciry, so the City could decide how to use it. City Manager Watenpaugh con~rmed that the Councii could direct staff to spend that money any way it was needed. Mayor Kelley indicated that it was difficult to visualize the signage on City vehicles, making them a billboard in motion. She commented that the only selling point was that the money was going to the youth. She inquired how much would usually be contributed back to the community. Mr. Missett indicated that it was $50 to $100 per month/per truck, initially it would generate about $3,600 to $4,000 per year for six trucks. Mayor Kelley inquired if advertisers could be anywhere. Mr. Missett indicated that would be up to each City as to what they would accept. Mayor Kelley noted that there were some very nice designs, but some of the more elaborate ones would be hard to get used to; however in the interest of the youth of the community, she would not prevent someone from participating in sports. Mayor Pro Tem Schiffner noted the Cops for Kids program and inquired if it would be a satisfactory charity for the progratn, although it is not totally a youth sports thing. Councilwoman Briniey suggested consideration for each arganization. Mayor Kelley suggested that it would provide the ability to assist with youth soccer, etc:, and she would prefer.to see it go to youth sports activities. Councilnlan Hickn7an suggested allowing the Council to judge or approve where the money went. MOVED BY BRINLEY, SECONDED BY AiCKMAN AND CARRiED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE TO APPROVE THE LICENSE AGREEMENT WITH SIGNS OF SUPPORT FOR A THREE-YEAR PER10D AND DIRECT THE C1TY ATTORNEY AND STAFF TO DRAFT THE AGR~EMENT FOR THE CITY MANAGER TO EXECUTE. 7. Release and Indemnity A~eement with K S. Chen and Reconveyance of Deed of Trust. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - MAY 28, 2002 Chris Hyland, 15191 Wavecrest, questioned tlus item and indicated that it bothered her that when a cruciai thing like lawsuits, deeds or transfers came up, the documents always came up lost. She noted that she had signed documents that the City did not have, and questioned why this was needed all of a sudden. She also noted missing health msurance documents, particularly one signed under penalty of perjury to make changes to forms. She stressed the process for making changes to insurance. Councilman Hicl~nan commented that this action was to protect the City and clear the books. ' Councilwoman Brinley indicated that she had no problem with this item. Mayor Pro Tem Schiffner indicated that he had not problem with cleaning up documents, however whether they were lost or not; he could not address. Councilman Buckley indicated that the comment was a little too obscure, but a good point; and noted that there were surprising gaps in the City's recordkeeping ability. He indicated that he was fine with this particular item. Mayor Keliey indicated that she had no problems with this action: MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRTED 8Y UNANIMOUS VOTE TO AUTHORIZE THE EXECUTION OF THE RELEASE AND INDEMNITY AGREEMENT AND THE RECONVEYANCE OF THE DEED OF TRUST. THE CITY COUNCIL MEETING WAS RECESSED AT 8:39 P.M. THE C1TY COUNCll, MEETING RECONVENED AT 8:57 P.M. PAGE TWENTY-TWO - CITY COUNCIL NIINi7TES - MAY 28, 2002 PUBLIC COMMENTS - NON-AGENDiZED 1TEMS Gil Rasmussen, 22912 Paula Court, Wildomar, representing Elsinore Magazine.com., addressed Councilwoman Brinley regarding economically dependent children, and indicated that Elsinore Magazine did not believe that the child was ever qualified under the Ca1PERS policy. He indicated that she would have had to be the legal guardian to obtain coverage. He suggested that it was time to put to rest the issue of fraud against the citizens of Lake Elsinore, and suggested that she speak up and advise the community that the child was qualified and that she had the documents. He also addressed Mayor Pro Tem Schiffner and questioned where medical premiums in the amount of $898.00/month had gone. He suggested that Mr. Schiffner inquire of the City Manager or City Clerk as to where the money went. He inquired if the money had been received for his own personal use. He noted that there was no requirement that the officials respond to Elsinore Magazine, which they had called vulgaz and vicious recently; and noted the rights of elected officials. Barbara Anderson, 304 N. Lewis Street, expressed concern with the form of the park assessment ballot. She indicated that she had voted in every election since she was able to do so and stressed the process for a registered voter etection. She expressed concern that the ballots required signatures on the ballot, and indicated that she didn't understand why the residents were being asked to pay additional money for parks. She indicated that she already paid enough taxes and there were already goodparks which should be kept open. Edith Stafford passed on the opportunity to speak. Michael O'1~Teal, 1403 W. Heald, apologized in advance for his manner and questioned why criticism upsets Mayor Pro Tem Schiffner. He suggested that the sad lament was always the same with regard to malcontents. He further suggested that an understanding of policy making and Robert's Rules of Order did not exist. He indicated that the Council took an oath to uphold the Constitution including the first amendment, with regard to free speech and petitioning government. He PAGE TWENTY-THREE - CITY COUNCIL 1VIINUTES - MAY 28,'2002 also indicated that the ability to oversee City management had brought the City to the brink of insolvency. He suggested that history indicated that the Council would close the parks. Gary Crrant, 27068 Jarvis Street, Perris, expressed concern with regard to good faith government and indicated it was time for him to speak up. He addressed the Lake and noted the 1984 agreement with EVMWD to allow them federal funding to reshape the Lake: He noted that the $26 million was to be paid back by the City and EVMWD; then they took over the Lake in 1993, based on a 1991 agreement. He indicated that Meadowbrook and other were now having to pay for a Lake with no benefits for them. He suggested giving the Lake back and sa~ing costs. Jim Morris, 15220 Goiden Sands, thanked the Council for the opportunity to speak and commended Mayor Pro Tem Schiffner for his stand on the Parks Assessment Ballots, as a step in the right direction. He expressed hopes that the vote on the Redevelopment Agency ballots would be changed and the ballots left unmarked as well: He noted that while there would always be disagreements, it was a chance to keep the Ciry operation clean. Chris Hyland; 15191 Wavecrest, expressed hopes that everyone would send the ballots in marked "no". She indicated that she was determined that it would not pass, and would work to rescind it if it does pass. She advised that she was fighting back room deals; and working to clean house in City Hall. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Advised that no payments had been forwarded to Ca1PERS for Mayor Pro Tem Schiffner's insurance and he received no benefit from the City lnsurance. PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - MAY 28, 2002 2) Noted the letter from Councilwoman Brinley submitted in 1994, stating that she was financially supporting her grandson, was forwarded to Ca1 PERS, and the decision was their's not the City's. 3) Addressed Mr. O'Nea1's coxnments on the commitment to parks, and indicated that staff had made it very clear that if the City received reductions from the State, which had not happened, there was no intent to close parks, however the level of service could be reduced. 4) Addressed Mr. Grant and confirmed that some times he was not sure he would disagree, however the State was worse off than the City and the Water District at this point. He expressed hopes for improvernent of the Lake in the next year, which would make the community a better place to live. 5) Noted Mr. Morris's commented on the vote by elected officials, and indicated that if the votes were in fa~ar of the measure Council could proceed, but if there was not enough to warrant approval, the Council would not have to approve the assessment He stressed that they would have to further formal action on the matter; and they would have one more opportunity to respond. 6) Thanked Highgrove Restaurants/Denrus & Carmen Malone for fheir work in the commuruty; and commended them on their award as Business of the Quarter. '7) Noted that the ballots mailed out were based on Proposition 218, which stipulated the form for mail-out ballots. He requested clarification that once counted the ballots became publia Crty Attorney Leibold and City Clerk Kasad confirmed. PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - MAY 28, 2002 C1TY ATTORNEY COMMENTS City Attorney Leibold comrnented on the following: 1) Announced that the Closed Session discussion was held as listed on the agenda, and there was no reportable action. 2) Commented that during Closed Session the City Council and RDA Board received a request from EVMWD Legal Counsel for immediate consideration of a letter consenting to issues on island wells. She aclrnowledged receipt of the letter, but indicated that there was no time to review or give adequate consideration or comments. She noted that the City continued to work with EVMWD on Lake issues including the island wells: She expressed hopes for comprehensive resolution of the issues; but the letter would be reviewed and presented to Council for consideration. CITY COUNCIL COMNIENTS Councilman Buckley commented on the following: 1) Provided a Committee Report on WRCOG, andreminded the Council of the June 14~' General Assembly meeting to be held in Riverside. He noted that he was appointed by WRCOG to the "Borders Committee", and they would be talking about electrical power issues. 2) Announced that he had held oftice hours twice, thanked Mr. Morris for the inspiration and reiterated the hours. He indicated that he had met with eleven people in two weeks, discussing many different issues. He suggested that anyone interested in meeting with him call City Hall for an appointment. PAGE TWENTY-5IX - CITY COITNCIL MINUTES - MAY 28, 2002 3) Inquired if e-mail for the Council was working. Staff indicated that it was not yet impiemented through the website. 4) Addressed the Park T~ and reiterated that there was no threat menrioned about closing the parks. He indicated that was not an issue, but for the tax there were clearly serious issues regarding why public agencies were not exempted and where the Stadium falls in the process. He encouraged everyane to vote and attend study sessions. 5) Noted the upcoming Budget Study Session on June 5`~' from 10 a.rn. to 4 p.rn., and indicated that he was looking forward to the event. 6} Addressed Mr. Grant regarding the Lake and agreed that it had cost too much money, and suggested he would consider an offer if someone was willing to take it. He commented that an empty Lake would absalutely damage property values in the entire area including Meadowbrook; and everyone would benefit from a clean and full Lake. Councilman Hickman cornmented on the fallowing: 1) Noted and read a letter received from Palrna Johnson regarding the street racing on Lincoln Street and incident involving her son-in-law. The letter expressed outrage with the Sheriffs comments regarding the racing issue and the recent town hall meeting. It explained that the situation involved severe injuries, and now involved constant care in a rehabilitation center foras much as the next two years. It advised that the family was seeking assistance to a11ow his daughter to participate in cheerleading at the high schooL 2) Noted that cement was being placed on the Riverwalk, and work was underway. PAGE TWENTY-SEVEN - CITY COUNCII, MINUTES - MAY 28, 2002 3) Congratulated Pat Cleary, on her election as President of the Tuscany Hills Homeowners Association; and congratulated other Board Members. 4) Suggested that if anyone had not received a ballot they should contact the City Clerk's Office: Sj Announced the Ghamber of Commerce Reverse Raffle to be heid on July 18~` and noted the prizes. 6) Announced that the Lake Elsinore Women's CTub was offering a trip to the ~,aguna Arts Festival and Pageant af tlie Masters; far ~54 per person. ~e s~tgges~ed ~hat it~te~estec~ pa~ttes con~aeE Atny Htckma~ at 245-?Z29. 7j fnquir~d kow the Carp.netting went, while he was away. Co~c~iwa~na~ Brinley ca~m~ted an.the-following: lj - Noted Chat the issue regarding i~er insurance came up at tihe iast meeting, advised that iri the fail of 1994, s~e listed i~er Gra~dson on her insurance because he was economicall~-dependent or~ l~er. Sl~e noted that the letter stating that fact was submitted to PERS with the application. She furtlier advised that in the fa11 of 1995, she requested that he be removed, and he was. She indicated that she had followed the procedures as directed by the then Human Resources representative. She indicated that in her opinion she was acting in good faith, and a copy was on file with the City Clerk. She further indicated that anyone requesting a copy had been provided one, and Eisinare Magazine had received a copy this date, as did Councilman Hickman. She reiterated that there was a statement-regarding her responsibility for her Crrandson and stressed that proper procedures were followed. PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - MAY 28, 2002 2) Congratulated Coco's and noted they did wonderful things for the community, being good participants and good donators to Cops for Kids. 3) Thanked staff for their efforts. Mayor Pro Tem Schiffner commented on the following: 1) Congrariilated Dennis Malone on his recognition and noted that Coco's rebated to members of severai churches, 10% on their purchases. He personally thanked them for that program and noted that it was working well fior everyone. He stressed that they were very involved in the community. 2) Explained his opposition on the voting tonight, indicating that he wanted it to pass, but didn't want it to pass based on the Council's votes being cast. He stressed that he gave up 76 ballots,.some worth over 100 votes. He commented that there was not always an opportunity to vote both sides, but he felt giving up that many votes was sufficient in voting against his beliefs, even though he supported the RDA votes. He indicated that he felt this concession was adequate. 3) Noted that he too received a copy of the letter regarding street racing, and had read the article, but could not find the enraging comments by the Sheriffs Of~ce. He indicated that he also attended the meeting at Rice Canyon School and did not hear any enraging comments there either. He indicated that it was a very sad event and offered condolences for the accident, but suggested that it sounded more like an assault with a deadly weapon than an accident. He expressed certainty that the Police Department was working that possibility. He indicated that with regard to donations, it was a great idea if someone was so inclined. He reiterated that he did not see anythnig the Sheriffs department did to be enraging or untrue. FAGE TWENTY-NINE - CITY COUNGIL MIlV[JTES -'MAY 28, 2002 4) Commented that with regard to criticism; he is only-concerned with that criticizing the City, not himself. He indicated that there were beautiful homes in the area and it was no different than other communities. He commented that while downtown xnight not be one to be proud of, it was over 100 years old and built without plamliug; and so far it had not all been rehabilitated, however that would probably require condemnation. He indicated that he thought Lake Elsinore was a beautiful City and it •irritated him tio hear it run down. He clarified that criticism of himself he was willing to accept if it was correct or ignore if it was not correct. Mayor Kelley commented on the following: 1) Noted the following upcoming events: Household Hazardous Waste Collection on June lst from 9 a.m. to 2 p.m. Kids Fishing Derby on June 8`i' from 7 a.m. to Noon Rod Run on June 8`" from 9 a.rn. to 4 p:m. Composting Workshop on June 15~'. 2) Congratulated the Business of the Quarter. 3) Announced the upcoming Concert in the Park Series at McVicker Pazk begiuning August 17`t` and noted the need for additional donations to cover the concerts and sound people. 4) Indicated that she also received the letter from Palma Johnson and would be drafting a response to her. She noted that Mrs. Johnson spoke at the meeting held at Rice Canyon and she heard her PAGE THIl2TY - CITY COiTNCIL MINLITES - MAY 28, 2002 comments. She indicated that Chief Wa1sh took the matter to heart and was looking into it. She noted that the suggestion of speed bumps was illegal and additional street lights were not warranted, but solutions were being investigated. ADJOURNIVfENT MOVED BY BRINLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:3.5 P.M. ~ C~~ ENlE KELLEY, MA OR CITY OF LAKE ELSINORE AT ST: ~ VICHI KA AD, CMC, CITY CLERK/ HLTMAN RESOITRCES DTRECTOR CITY OF LAKE ELSINORE