Loading...
HomeMy WebLinkAbout04-10-2001 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 10, 2001 ~~*~~~~~**:~~~~*~~~*~~*~~:~~*~~:~~:~~:~~~~~:~~:~~*~~:~~~:~~~*~~:*~~~**:~~~**~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Schiffner at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze. INVOCATION The Invocation was provided by Pastor James Payne, representing New Life Foursquare Church. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Fire Chief Gallegos, Police Chief Walsh, Engineering Manager O'Donnell, Information/Communications Manager Dennis, Lake Operations Manager Kilroy, Recreation/Tourism Manager Edelbrock, City Treasurer Ferro and City Clerk/Human Resources Director Kasad. Donna Morin and Emma Jean, representing the Lake Elsinore Historical Society, presented a painting of City Hall to the City in appreciation for the City Council and staff s efforts to assist them. They invited the City Council and Public to the Museum on April 11~" for refreshments in celebration of the City's 113th birthday. (F:44.1) PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 5, 6, 21 and 31. PAGE TWO - CITY COUNCIL MINUTES - APRIL 10, 2001 CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Items Nos. 4, 5, 6. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNA1vIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - March 13, 2001. b. City Council/Redevelopment Agency Study Session - March 27, 2001. c. Regular City Council Meeting - March 27, 2001. (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Meeting - March 7, 2001. (F:60.3) e. Design Review Committee Meeting - March 7, 2001. (F:60.4) 2. Ratified Warrant List for March 29, 2001. (F:123) 3. Approved Joint Use Agreement with Southern California Edison for Relocation of Facilities on Mission Trail at Lemon Street. (F:68.1)(X:132.1) Approved Public Hearing Date of Apri124, 2001, for the following: a. A request for an amendment to the Lake Elsinore Municipal Code, Chapter 17.11 which will transfer the approving authority for review and approval of allowable uses and signs within the Historic Downtown Overlay District, Area I, from the Design Review Committee to the Community Development Director. No fiirther approval shall be required, however the Community Development Director has the option to determine that a use or sign require the approval of the Planning Commission. (F:60.1)(X:104.3) PUBLIC HEARINGS 21. Amendment No. 1 to La Laguna Estates Development A~reement - Ordinance No. 1074. (F:68.1) Mayor Schiffner opened the Public Hearing at 7:10 p.m. City Manager Watenpaugh noted that this item was pulled from the last meeting, as there were issues that were unresolved; however at this point those issues have been addressed and agreement has been reached. PAGE THREE - CITY COiTNCIL MINUTES - APRIL 10, 2001 Community Development Director Brady detailed this item, noting that the original Development Agreement was done in 1990. He advised that the project involved 489 acres of land adjacent to McVicker Park and near the Centex homes. He advised that the amendments requested were in three areas being, 1) a reduction in the established fee schedule, 2) an increase in the term of the agreement by five years and 3) a change in the number of areas from four planning areas to six areas. He further advised that the Planning Commission considered this matter on March 17`i' and recommended approval. He noted that the Planning Commission did express concern with regard to the reduction in DAG fees, in that the recommendation was to reduce them by half, and the Planning Commission did not feel they should be reduced. Dan iJhlry, 150 E. Lakeshore, #80, indicated that he had no objection to the extension of time or other criteria, but expressed concern with the reduction in developer fees. He indicated that if the developer in fact needed a reduction of $1,000 per unit to make the project work, maybe it shouldn't be built. He further indicated that if the Council starts reducing developer fees on a large project like this, it would open another can of worms, and noted past problems on development projects. Councilman Pape clarified that when this agreement was originally approved, the DAG fees were set at $1,000, but gradually over the years, they increased due to the escalating factor. He indicated that this proposal was for the original amount, but if the project was not built in a timely fashion the fees would go up again. He explained that this was an attempt to encourage the project to move forward, and the City's finance team feels it is a good idea to encourage development in this area. He expressed support for this amendment. Councilwoman Kelley noted that she too had concerns with the proposed reduction in DAG fees, but after talking to staff and reviewing the history of the project, she had gained a better understanding of the circumstances. She requested clarification from the City Manager. City Manager Watenpaugh reiterated that the original agreement was in 1990; and explained that the reduction was intended as an incentive to encourage development, prior to the escalator going into effect. He noted that the developer had been involved in the CFD 88-3 since its inception, and reminded Council that the finance team was working to resolve CFD issues and had recommended this reduction to the original $1,000 fee to expedite development of the project. Councilman Metze concurred with Councilmembers Kelley and Pape, but questioned the chances of development getting'started on this project. He also inquired if the agreement would continue to 2010 and then go away. Community Development Director Brady clarified that the extension was proposed to run unti12010, and with regard to development, staff was in discussions with the property owner and they have indicated that they PAGE FOUR - CITY COUNCIL MINUTES - APRIL 10, 2001 would submit plans in the next year and proceed with development. He noted that the full project would be 660 units over the period of the agreement. Councilman Metze suggested that the time be kept as short as possible. City Manager Watenpaugh noted that if the agreement expires, all developer fees would be lost anyway. Mayor Pro Tem Brinley noted that she spoke with Mr. Brady on this project, and reviewed how the finance team intended to address it. She reiterated that this project had been on the books since 1990, and noted that she remembered it from when she was on the Planning Commission. She indicated that she had no problem with the proposal. Mayor Schiffner expressed understanding of the concerns regarding the fees, but clarified the original cost and the intervening escalation clause. He expressed hopes that it would encourage the developer to move ahead. He also noted the cooperation received from this owner on the new fire station; and indicated that the finance team saw it as a good move too. City Attorney Leibold encouraged the Council to follow the recommendation in the staff report when making the motion, noting that the ordinance would require a reading by title only, followed by a roll call vote. Mayor Schiffner closed the Public Hearing at 7:21 p.m. MOVED BY BRINLEY, SECONDED BY PAPE TO MAKE THE FOLLOWING FINDINGS AND ADOPT ORDINANCE NO. 1074 UPON FIRST READING BY TTTLE ONLY: Findin¢s It can be seen with certainty that there is no possibility that the approval of the First Amendment may have a significant effect on the environment (CEQA Guidelines Section 15061 (b)(3). 2. The First Amendment is (a) consistent with fhe General Plan, (b) will not be detrimental to health, safety and general welfare of persons residing in the area nor injurious to property, (c) will not adversely affect the orderly development of property values, (d) is consistent with the provisions of Development Agreement Act, Government Code Sections 65864 through 65869.5. ORDINANCE NO. 1074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELSINORE AND LA LAGUNA ESTATES/GEORGE DALE. UPON ~HE FOLLOWING ROLL CALL VOTE: PAGE FIVE - CITY COiTNCIL MINUTES - APRIL 10, 2001 : AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE, • SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 22. Consideration of Objections to the City's Weed Abatement Proeram. (F:166.1) Mayar Schiffner opened the Public Hearing at 7:25 p.m. City Manager Watenpaugh advised that this was an annual housekeeping item; and that approximately 5,000 notices for abatement had been sent out to property owners. He further advised that the property owners had until May 15` to abate the properties, or the City would abate them and bill the owners for the work and an administrative fee. Councilman Metze had no comments. Mayor Pro Tem Brinley had no comments. Councilwoman Kelley had no comments. Councilman Pape commented that this was a housekeeping item. Mayor Schiffner closed the Public Hearing at 7:26 p.m. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE, IN LIGHT OF NO OBJECTIONS BEING PRESENTED, TO AUTHORIZE STAFF TO PROCEED WITH THIS YEAR'S WEED ABATEMENT PROCESS. 31. Formation of Park Maintenance Assessment District. (F:22.1) City Manager Watenpaugh clarified that this item was a request for consideration of funding a report to consider establishment of a district. He explained that the intent was to remove the burden from the general fund; and he was seeking an analysis for a city-wide assessment. He clarified that formation of a district would require a vote of the people, with a mailed ballot. He advised that the request was for funding of the $22,100 for the study from the reserve account. Chris Hyland, 15181 Wavecrest, suggested that this was another financial scheme for a special assessment on the property owners, allegedly for PAGE SIX - CITY COiTNCIL MINUTES - APRIL 10, 2001 money to fund the parks.' She further suggested that it was doubtful that such a special tax would be approved, and the City should not waste $22,100 on a study when the conclusion was already known. She indicated - that the City Council and staff would not be trusted by the residents. She commented that Mission Trail was being paid for with impounded City dollars, because the County did not trust the City. She also commented on borrowed library funds and suggested they would not be paid back. She indicated that the Council and staff would siphon off the money to pay lawsuits, etc. She suggested admitting that the financial fuel tank was ruruiing on empty and it was time to ante-up for services. She further suggested that members of the community log on to Lake Elsinore Magazine.com for more information on the City. Councilman Pape noted that it might be a first, but he had to agree with Mrs. Hyland. He expressed concern that approving funds for the study would then commit the Council to move forward with the election; and indicated that there was no reason to do the study if it was left to sit on the shelf. He concurred that there was not a high likelihood that the taac measure would pass. He suggested that it was important to discuss increasing revenues and decreasing expenditures before this was proposed. He indicated that the Council needed to look at what was necessary to be sure that every other option was considered before moving forward. He suggested looking at what was needed for parks and where other funding might be available in the budget. He noted that other communities were making cuts, and it was important to explore other avenues before going to the people to ask for additional funds. Councilwoman Kelley commented that no one liked to look at the possibility of a new assessment for any reason, but parks were an important part of the community and needed to be protected. She noted that $650,000 from the General Fund was going to park maintenance annually. She agreed that there was no reason to do this study unless the Council was committed to going for the 51 % vote required. She suggested that she would support a study session for more information on this item, and would like more time to look at other options. Councilman Metze indicated that he was astonished to find this item on the agenda, noting that the Council worked really hard four or five years ago after Proposition 218 passed. He stressed the efforts to work back to having the parks fully funded and add personnel. He indicated that he was very upset to find this item on the agenda at this time and advised that he would go after the City Manager's office before he approved this item. He stressed the personnel additions to the budget and suggested that there should have been a study session before this was placed on the agenda. He noted that there was also a recommendation on a more expensive car for the City Manager and indicated that this was one of the weirdest agendas in a long time. He indicated that this type of assessment would be his last choice and suggested looking somewhere else. PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 10, 2001 Mayor Pro Tem Brinley indicated that she felt the same way as Councilwoman Kelley, in that this matter should be taken back to a study session, and suggested it might also be appropriate issue for a Mayor's committee and town hall meetings. She suggested starting with a study session, possibly followed by a town hall meeting for input from the community. She concurred that an assessment would not set well. She reiterated that this should be continued to a study session with as many facts and figures as possible. Mayor Schiffner noted Mrs. Hyland's comment about raising funds, and noted that the Council indicated at the earlier meeting that it was being considered as a method to raise additional revenues and free up over $600,000. He suggested that it would help free up money for the staffing at the new fire station. He concurred that the matter should be studied further at study sessions and town hall meetings, and indicated that he would like as much input as possible. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO MOVE THIS ITEM TO A STUDY SESSION, FOLLOWED BY AGREEMENT ON ESTABLISHING A MAYOR'S COMMITTEE OR TOWN HALL MEETING OR WHATEVER IS WARRANTED. City Manager Watenpaugh requested clarification whether this was to be a separate study session or part of the budget study session. Council consensus was that it should be a separate study session. 32. Lake Elsinore Recreation Area (Camp r¢ ound) - Concession A~reement - Sunland Resorts. (F:68.1)(X:l 14.13) City Manager Watenpaugh explained that this item was listed to allow for a presentation from the proposed concessionaire for the campground. He noted that staff had been meeting with Mr. Paydar for quite some time and was now prepared for presentation of the concept plan and an outline of the proposal. He indicated that some questions still existed with regard to the length of the lease. He introduced Mr. Paydar for his presentation. Reza Paydar, President of Sunland Resorts, noted that they operate five facilities, of which three are five star resorts; and have been in business for the last 15 years. He detailed che amenities proposed for the Lake Elsinore facility including a club house, 350 full hook-up sites, etc. He noted the success of their Hemet facility and suggested it was due to the $300,000 spent on promotion by them last year; and commented that Hemet was not as intense a recreational area as Lake Elsinore. He explained that they would propose to do renovations in three phases and highlighted their proposal. Russ Onufer, Nogle & Onufer Architects, San Diego, presented the current configuration of the facility, noting that the site was heavily wooded, giving PAGE EIGHT - GITY COUNCIL MINUTES - APRIL 10, 2001 it character, which they would like to maintain. He also noted the current configuration of the streets, which they would like to preserve. He indicated that their plan proposed to move the entrance for the facility, so it would be in line with Lincoln Street. He detailed the proposed location for the new club house facility. He advised that they were planning the facility as a destination resort and further detailed the amenities of the club house, including banquet rooms, exercise room, etc. He further noted that they would include a large pool area, as well as amenities related to the Lake. He further addressed the proposed configuration and indicated that it would be a gated facility with controlled access; and eventually include public access to the public facilities associated with the Lake. He noted that in addition to the 350 hook-up sites, they were considering the adjacent 20 acres for a group area for tent camping as well as R.V.'s. He noted that the Marina and facilities would be constructed at a later date and noted the proposed architecture for the buildings, which was similar to other buildings in the community. Mayor Schiffner indicated that he had no requests to speak, but asked if anyone in the audience was interested in addressing the proposal. Pete Dawson, 18010 Grant Avenue, noted his past knowledge of the community and stressed the problems with the concession arrangement between the State and Mr. Watkins. He noted that every time there was a problem with the Lake, he asked or more concessions and received them. He noted the variables with regard to the Lake level and commented on the potential difficulties that might present for the proposed launch ramp/marina. Chris Hyland, 15191 Wavecrest, questioned the comments regarding the portion of the campground for tents, also being used for R.V. groups. Mr. Honifer confirmed. Mrs. Hyland inquired if there would always be the required area for tent camping, as mandated by the State agreement. Councilman Pape indicated that there were a number of details to be addressed.. He indicated that the primary concern should be that they provide a nice facility for public use. He suggested that if the City had an extra $5 million it could make the facility improvements, but indicated that he was not sure the City wanted to be in the campground business. He stressed the importance of having someone with the experience and knowledge to properly market and operate the facility. He indicated that it was important to include provisions in the agreement to ensure that the problems with the past concessionaire could not occur. He suggested that there might be a need for an annual inspection and repairs, but noted that with the proposed clientele he did not anticipate problems. He also suggested requiring that the concessionaire maintain a top rating from travel industry representatives, noting that if it had a top rating it would be a good facility with nice amenities and something that would bring pride to the community. He noted the proposed phasing and noted that based on the expense they would want a longer term contract, possibly with some ten PAGE NINE - CITY COUNCIL MINUTES - APRIL 10, 2001 year automatic renewals, if they maintain it properly and everyone was happy. He stressed the need for clauses which give the City recourse to address problems. He suggested that the proposal fit the recreation/tourism intent of the community and noted the related economic benefits. Councilwoman Kelley indicated that the proposed improvements would benefit the community as a whole but noted the need for clarification on some issues. She questioned the intent with regard to the tent camping spaces and the later change in location. She also questioned the use of the amenities by the general public. Mr. Onufer clarified that there would always be tent camping, but the location might be changed. He indicated that the market would be part of the marina to be constructed in a later phase. Councilwoman Kelley questioned the gate secured facilities vs. the public use facilities. Mr. Onufer stressed the separation between the destination resort and the public facilities and noted their understanding of the Lake level flucturations. Councilwoman Kelley noted the previous concession and indicated that she would ask the City Attorney for appropriate performance clauses; and to confirm that the plan coincides with the State plan for the area. City Attorney Leibold indicated that she would keep the State informed and give them the opportunity to comment. Councilwoman Kelley eapressed concern with the potential for a 75 year lease agreement, but noted that otherwise it was a good opportunity for the community. She indicated that she had no problem with moving to the next step. °Councilman Metze concurred with Councilmembers Pape and Kelley and indicated that the developer needed to keep in mind that millions of dollars had already been spent on the Lake, and another $15 million is about to be spent on it. He stressed the City's commitment to the Lake so far, and indicated that it would continue. He reiterated that the City Attorney needed to negotiate a very tight contract. Mayor Pro Tem Brinley indicated that she had attended an event at the Hemet facilities and noted that it was a lovely facility. She noted that Lake Elsinore used to be a capital for snow-birds and it would be exciting to have them in the community again. She indicated that she was in support of this project, but had some reservations with the length of the contract. She indicated that she would prefer a term of 30 to 35 years, with the ability to renew it. She inquired if there would be public access to the swimming pool. Mr. Onufer indicated that it would be available only to people staying in the park. Mayor Pro Tem Brinley inquired if it would be available to the people staying in the group area. Mr. Onufer confirmed. Mayor Pro Tem Brinley indicated that she would like a stipulation in the conditions that there would always be tent camping available. She commented that overall this looked like a good project and fit the City's goal to be Tourist/Recreation oriented. She noted that the former Mayor of Hemet spoke very highly of their company; and she indicated that she liked the change in the entrance location. PAGE TEN - CITY COiTNCIL MINUTES - APRIL 10, 2001 Mr. Paydar addressed the term of the lease and indicated that with what they were intending to spend on the campground (approximately $5 million) it would be difficult to secure a financial commitment on a thirty-year lease. He indicated that he did not want to misrepresent the situation. He stressed that they are a great company with a great reputation, however a 35 year lease restriction would limit his ability to move forward. Mayor Pro Tem Brinley inquired how much had been spent on the Hemet facility. Mr. Paydar indicated that they had spent $15 million, however they had fee title to the land; and explained that institutional lenders required either long term leases or fee title ownership. He noted the future potential for hotels and other amenities, and indicated that he did not want to waste Council's time if he could not proceed. City Attorney Leibold noted that the City had retained an economic consultant, with knowledge of recreation camping type facilities. She commented that certainly with the large investment, there would need to be a substantial lease time to allow for amortization of costs. She indicated that staff would need to look at pro formas and meet with financial advisors regarding this issue. She noted that based on the City's title, the property could never be conveyed to the operator for fee title; and further noted that the maximum term for a contract for recreational purposes in California was 75 years. She stressed the need to look at further financial data and confer on what timing would be appropriate. Mayor Schiffner indicated that it was not the time to decide on the term of the lease at this meeting. City Attorney Leibold noted that from the comments, the Council recognized the need for some longer term, and suggested working with the developer to determine the appropriate period of time. Mayor Schiffner indicated that there was nothing wrong with the project, but he expressed concern with the length of the contract. He acknowledged the need to protect their investment and suggested that as long as the facility is well done and properly maintained he would not be concerned if it was for 30 years or 75 years. He suggested that any automatic extensions be based on performance. He indicated that he did not want to discourage them by not providing an adequate lease, but expressed certainty that it would be worked out. He stressed his concern with getting into a long term lease with someone who does not perform. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO DIRECT THE CITY ATTORNEY TO ENTER INTO NEGOTIATIONS FOR AN AGREEMENT REFLECTIVE OF THE CITY COUNCdL'S CONDITIONS AND CONCERNS. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Vehicle Replacement. (F:46.1)(X:48.1) Councilman Pape noted that he had addressed this item at the last meeting, and requested that it be continued to allow staff to look at the cost of other PAGE ELEVEN - CITY COiTNCIL MINUTES - APRIL 10, 2001 vehicles. He indicated that there was no question that the vehicle needed to be replaced, as it was in need of repairs and no longer cost effective, however he was still concerned that $35,000 was too much for the vehicle. He suggested the purchase of a Crown Victoria, noting the cost of both the Crown Victoria and the Grand Marquis. He noted that the City Managers in Perris and Murrieta drive Crown Victorias, in Temecula an Explorer and in Corona and Hemet they are given $400 a month car allowance. He expressed concern with the cost of a four wheel drive vehicle and suggested that there was only one area in North Peak which would be difficult access and the developer had provided a vehicle for tours. He addressed the issue of legroom in the back seat for passengers, but that would not be a problem for short distances. He stressed that the Crown Victoria and Grand Marquis are full sized cars and questioned need for the nicest vehicle in the valley. Councilwoman Kelley indicated that when this issue came up at the last meeting, it caught her off guard; however the City Manager's contract calls for replacement of his vehicle. She noted that the request was for a four- wheel drive Expedition, which would seat six people comfortably; and indicated that there were times he had to take people to undeveloped land or out on the levee. She also noted that the vehicle would be equipped for emergency use; and noted that the Crown Victoria was not sturdy enough for travel into undeveloped areas. Councilman Metze indicated that he was set to move on this item, until he saw the need to tax people on the agenda. He indicated that the Crown Victaria and the Grand Marquis were nice cars and the Sheriff s Department uses them. He suggested if there was a need to tax the people, he could not see moving forward with this item at this time. Councilwoman Kelley noted that the City Manager's contract calls for replacement of the current vehicle, which would be about $38,000. Mayor Pro Tem Brinley concurred with Councilwoman Kelley and noted the need for an emergency radio, and stressed the requirements for the vehicle. She noted that the former City Manger spoke of the need for something to be used off-road for areas such as North Peak or Ramsgate because cars couldn't make it. She further noted that the former and current City Managers had been driving this car since 1994, and questioned the mileage on the vehicle and the current problems. City Manager Watenpaugh indicated that the mileage was 163,000; and the turbo charger and air conditioning were out. He suggested replacement and indicated that he thought prior to coming to Council that it would not be an issue. Mayor Pro Tem Brinley expressed support for replacement of the vehicle, and suggested that it was a long time in coming. Mayor Schiffner noted that the City Manager's current vehicle was a bit of a luxury vehicle, and would cost about $38,000 to replace; however the proposed vehicle was more of a utility vehicle and he was not sure that it would be enjoyable to drive in contrast. He noted that the vehicle carries emergency equipment and radios and it could be used by other City PAGE TWELVE - CITY COUNCIL MINUTES = APRIL 10, 2001 personnel when they go into the back country; and would carry more people easily. He indicated that he felt it was a good move to buy this vehicle; but expressed understanding for the concerns about saving a few dollars, even though he was not sure this was the place to do so. Councilman Pape noted the comment about the Crown Victoria not being durable, but noted that most police cars were Crown Victorias. Police Chief Walsh indicated that the Crown Victaria was the only manufactured rear- wheel drive vehicle for police, otherwise they "suck". Councilman Pape questioned why the City Manager needed the nicest vehicle in Western Riverside County, and where the "back country" was. Mayor Pro Tem Brinley called for the question. MOVED BY SCHIFFNER, SECONDED BY BRINLEY AND CARRIED BY A VOTE OF 3 TO 2 WITH METZE AND PAPE CASTING THE DISSENTING VOTE TO APPROVE THE REPLACEMENT OF THE 1994 BUICK AND AUTHORIZED STAFF TO MAKE THE NECESSARY TRANSFER OF FUNDS. Mayor Schiffner indicated that the vehicle would be acquired; and noted that the Police Department was not concerned with the comfort of the people in the back seat. He also noted comments regarding all votes being 5- 0 and stressed that this was a departure from that vote. 5. Floatin~? Restrooms Grant - Installation & Operations Contracts - ResolutionNo. 2001-09. (F:68.1)(X:92.1) Bill Tucker, 740 Acacia, indicated that this was one of the best proposals presented. He noted the comments he heard about the waste being dumped into the Lake; but clarified that they would be pulled in to be maintained. He stressed that this was a good idea. City Manager Watenpaugh deferred to Lake Operations Manager Kilroy to respond to questions, but noted that the facilities would be pumped regularly and noted that the funds are included far proper anchoring and maintenance. Mr. Kilroy indicated that the new portable toilets were upgraded, similar to airline toilets and flushable. He clarified the ability to take them to shore and vacuum them for proper disposal. He stressed that they were very safe and noted favorable comments provided by other agencies utilizing this type of facility. He stressed that they were a great convenience for the boating community and Lake staff. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2001-09 ACCEPTING THE FLOATING RESTROOM GRANT AND AUTHORIZED THE CITY MANAGER TO SIGN THE GRANT AGREEMENT FOR INSTALLATION AND OPERATION OF THE FACILITIES. PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 10, 2001 6. Proposition 12 Funding Allocation.(F:84.1)(X:92.6) Councilwoman Kelley indicated that she pulled this item for discussion of the proposed skateboard park. She clarified that she had been working on the park for the last three years and it was currently close to becoming a reality. She noted that they were hoping to have it operational by October. She addressed a recent article about problems at the skateboard park in Rialto, which negatively portrayed skateboard parks and the skateboarders. She noted the differences between the proposed facility and that in Rialto; and stressed that the City's facility would be supervised, have a minimal charge for use and hopefully include a concessionaire to provide safety equipment rentals. She stressed that safety gear would be required and the park would be a nice location near the fire station at McVicker Park. She noted that the facility would be fenced and lit and very beneficial for the community. She further noted that the proposed facility was similar to the operations in Escondido and Temecula and they had no problems associated with gangs, drugs or graffiti. City Manager Watenpaugh indicated that most of the Council had been participatory and supportive of this effort to provide a safe area to get the kids off the streets and make them feel safe. He indicated that the cost breakdowns would be brought back soon, without waiting for final approval to pursue the project. Chris Hyland, 15191 Wavecrest, indicated that a private citizen associated with the BMX track had approached the City to provide a skatepark facility. She stressed that it was a private effort which would not be a burden to the Police Department. She noted the article regarding the Rialto Skatepark and the number of calls the police receive to go to that facility. She stressed that it was a serious problem which would only get worse during the summer months. She suggested that there would be maintenance costs which could not be afforded. She further suggested that the facility was only an effort to win the election. She indicated that before a skateboarding facility was injected into a private neighborhood, staff should go back and review the BMX location proposal. She questioned if the City really wanted children in an unsupervised area. She noted the discussion of new assessments, at the same time there were plans to pay for supervision. Robin Johnson, 17538 Bodkin Avenue, noted that they run a small shop in Lake Elsinore and believes the kids need a safe place to skateboard. She indicated that it is a great sport and expressed support for this project. Brian Johnson, 17538 Bodkin Avenue, indicated that he had been a resident of Lake Elsinore for 22 years and stressed the need for a skatepark at which the kids can gather and perform their tricks. He noted the question of private vs. City facility and indicated that a properly located, constructed and maintained facility would bring revenue to the City. He provided statistics on skateboarding participation, revenue and parks across the United States. He expressed his full support for this proposal. PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 10; 2001 Councilman Metze commented that this project should move forward. Mayor Pro Tem Brinley noted that the Council has supported the efforts of Councilwoman Kelley on this project and indicated that she deserved many kudos and credits for bringing it this far. She indicated that the Community was deserving of a project like this which provides a safe environment for the kids. She noted that it will also benefit the business community by preventing skateboard traffic in shopping areas. She suggested that it would be a win/win situation. She supported the proposal for a supervised facility at a nominal cost or fee, noting that parents are always requesting safe areas for children. She noted that she had discussed it with Police Chief Walsh and he indicated that he had no problem with the project. She indicated that this was a project the community could look forward to. Councilwoman Kelley reiterated that this was a"supervised" skateboard park and the one in Rialto is "unsupervised", and stressed the difference between the two. She indicated that to suggest this was only being built for the election was nonsense, as she was not up for election and has been working on it for the last three or four years. She further indicated that she was motivated by what was right for the kids. Mayor Pro Tem Brinley inquired if there would be hours of operation established for the park. Councilwoman Kelley indicated that there will be set hours, but it will be lit to allow for evening use. She noted that efforts were still being made to work with Supervisor Buster and the City of Canyon Lake for collaborative funding, and noted that as soon as she got back with them she would have more definitive information. MOVED BY METZE, SECONDED BY BRINLEY TO APPROPRIATE 100% OF THE CITY'S 2000 BOND ACT FUNDS ($262,235) TO THE MCVICKER CANYON SKATE PARK PROJECT. Councilman Pape noted the Councilwoman Kelley had been working on this for several years and it had even become a topic of ineetings at the League of California Cities. He suggested that it was not acceptable to wait beyond fall to open this park. He noted that the facility would be a ten-foot fence around the facility. He stressed that it would be like the facilities in Temecula and Escondido, in that they are supervised, fee-based parks and a concession for rental of safety equipment. He further stressed that there will be people to supervise the activities, so the parents can feel comfortable that they are in a safe environment. He noted that he looked forward to having a ribbon cutting this fall. Mayor Schiffner commented on the election comment and noted that people had asked him why there wasn't one during the last election. He also noted that in this case it would be built on a flat slab with moveable equipment; and in the event it is a problem, it would make two fine tennis courts, so it is not that big a risk. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PAGE FIFTEEN - CITY COUNCIL MINUTES - APRIL 10, 2001 PUBLIC COMMENTS - NON-AGENDIZED ITEMS Daniel Uhlry, 150 E. Lakeshore, reminded the community that the Circus was coming to town and would present two shows on Wednesday and two shows on Thursday. He stressed that it is a non-animal circus, and invited everyone to attend. Pete Dawson, representing LEMSAR, presented the March log information. He indicated that they logged in 49 hours of volunteer time including patrol of the jet ski races, attendance at the Sheriffs annual awards banquet, and retrieved two stolen boats. He noted that LEMSAR monitors band channe168 far emergencies and indicated that was a more efficient way to get assistance. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Introduced the new Fire Chief, Steve Gallegos. 2) Announced the EDC Lunch on Thursday at 1130 at the Diamond Club. 3) Announced the SAWPA JPA Meeting on Thursday at 2 p.m. at City Hall. 4) Announced the Children's FairBaster Egg Hunt on April 14`~' at McVicker Park and noted that it was being sponsored by Walmart and Cops for Kids. 5) Advised that work on Mission Trail was underway and completion was anticipated by mid-July. 6) Noted that the Graffiti program was responding to between 60 and 95 locations a week, and the Police Department had caught some of the perpetrators, and they were paying restitution. He stressed that the process was working. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Announced that the City had received a check for $90,000 from LAFCO in connection with the Meadowbrook/Cleveland Ridge actions. 2) Announced the Closed Session items as listed on the agenda. CI'Y'Y COUNCIL COMMENTS Councilman Metze commented on the following: 1) Wished his son Mikey, a Happy 11`h Birthday. PAGE SIXTEEN - CITY COUNCIL MINUTES - APRIL 10, 2001 Mayor Pro Tem Brinley commented on the following: 1) Announced that she had been able to procure tl~ree vans from the RTA for the City. She noted that one would be used for the Senior Center and she would be discussing other options with the City Attorney. 2) Reminded everyone of the Historical Society's celebration of the City's 113'~' Birthday, tomorrow at the Museum. 3) Reiterated the information on the Children's FairBaster Egg Hunt on Saturday, and wished everyone a Happy Easter. Councilman Pape commented on the following: 1) Thanked Nadine and Jerry Harmatz and the Historical Society for the painting of City Hall and indicated it was very nice. 2) Noted the Apri120`~' Alum Treatment Meeting. 3) Noted the Easter Egg Hunt at 10 a.m. on Saturday. 4) Addressed the Graffiti and noted that the City spends about $50,000 a year to abate it. He noted the letters received from people who had been caught and paid restitution for the damage they caused. 5) Announced the Women's Club Annual Flower Show on Apri127t'' and 28`~'. He noted the categories for participation and indicated that additional information could be obtained directly from the Women's~Club. ,. Councilwoman Kelley had no comments. Mayor Schiffner commented on the following: 1) Noted the letter sent by the City Council to EVMWD at the last meeting requesting comment on the Tilley Agreement and indicated that due to scheduling they would not be discussing it until tomorrow morning, therefore, no response would be received until after that meeting. He indicated that a response was anticipated before the next City Council Meeting. 2) Thanked everyone for attending and wished everyone a good night and a Happy Easter. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION - Initiation of litigation pursuant to subdivision ( c) of Government Code §54956.9 (1 potential case). B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 10, 2001 (Subdivision (a) of Government Code §54956.9) Pacific Crematorium Inc. v. Stuart F. Comer, et al (Riverside County Superior Court Case #RIC354575) MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO RECESS TO CLOSED SESSION FOR DISCUSSION OF THE ABOVE LISTED MATTERS AT 9:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:26 P.M., WITH NO REPORTABLE ACTION. ADJOURNIVIENT MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:27 P.M. ~\ ROBERT L. SCHIFFNE , MAYOR CITY OF LAKE ELSIN RE ATTEST: ~(~~ VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR