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HomeMy WebLinkAbout08-28-2001 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 28, 2001 *~~~**~~~~~~*~~~**~**~~:~~*~~:~~:~~x*~~~:~~~~*:~~*~,~*~~*~~:**~~~*~~~~*~* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Schiffner at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, KELLEY, - PAPE, SCHIFFNER ABSENT: COUNCILMEMBERS: METZE Also present were: City Manager Watenpaugh, Assistant City Manager Best, Deputy City Attorney Mann, Special City Attorney Van Blarcom, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis and Deputy City Clerk Parades. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Godt Code §54956.9) City of Lake Elsinore v. Elsinore Valley Municipal Water District (Riverside Superior Court Case # 35961) (F:52.2) B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ( Gov't Code §54956.8) Property: 32040 Riverside Drive - Lake Elsinore Campground PAGE TWO - CITY COUNCIL MINUTES - AUGUST 28, 2001 Negotiating parties: Sunland Resorts and the City of Lake Elsinore Under negotiation: price and terms of payment ' Deputy City Attorney Mann announced the Closed Session discussion topics as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:03 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEMS AS NOTICEA THE CLOSED SESSION DISCUSSION WAS COMPLETED AT 6:50 P.Nd. RECONVENE PUBLIC SESSION (7:00 p.m.) The Public Session was reconvened by Mayor Schiffner at 7:04 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, KELLEY, PAPE, SCHIFFNER ABSENT: COUNCILMEMBERS: METZE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community I)evelopment Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Police Lt. Horton, Information/Communications Manager Dennis and City Clerk/Human Resources Director Kasad. PLEDGE OF ALI,EGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Brinley. PAGE THREE - CITY COLTNCIL MINUTES - AUGUST 28, 2001 INVOCATION The Invocation was provided by Pastor Jack Warford, representing First Southern Baptist Church. PRESENTATIONS A. Proclamation - Stater Brothers' Market 65th Anniversarv. (F:122.1) The Stater Brothers' representative was not present, so Mayor Schiffner read the Proclamation and requested that staff forward it to the requestor. B. Presentation - Business of the Quarter - Summer, 2001. (F:56.1) Assistant City Manager Best noted the ongoing program for recognition of - outstanding local businesses. She commented that the Community Services Department had a great deal of interaction with this quarter's winner and called the Directar forward for comment. Community Services Director Sapp called Jay Hattabough representing Service One Services forward for presentation. Mr. Sapp indicated that he was excited to be able to present this award to Mr. Hattabough and his company. He detailed the services provided to the City, including the refinishing of the Cultural Center floor. He noted that the Company was also very busy in the community, working with rehabilitation of homes in the community; having saved about 14 homes for residents of the community. He further noted their donations to Elsinore Valley Little League and assistance with toys for Christmas fund-raisers. Mr. Sapp presented the Business of the Quarter plaque to Mr. Hattabough, and noted the inclusion of Service One on the perpetual plaque in City Hall. Mr. Hattabough indicated that he felt fortunate to have been involved in the City for nearly 25 years; and noted that a lot of businesses do good things for the community even though they were not being recognized at this time. PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 28, 2001 , He encouraged continued participation to make the community better. He noted the diversity of residents in the community; and encouraged support of less fortunate families during the upcoming holiday season. He thanked the Council, Mayor and City far this recognition and commented that he was proud to be part of Lake Elsinore. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item No. 8, and deferred to that discussion. CONSENT CALENDAR ITEMS The following Items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 6, 7 and 8. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY gJNANIIVIOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. l. The following Minutes were approved: a. Joint Study Session - August 14, 2001. (F:44.4) b. Regular City Council Meeting - August 14, 2001. c. City Council Study Session - August 21, 2001. The following Minutes were received and ordered filed: d. Planning Commission Meeting - July 18, 2001. eo Planning Commission Meeting - August 1, 2001. (F:603) PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 28, 2001 3. Received and ordered filed the Investment Report for June, 2001. (F:12.5) 4. Rejected and referred to Claims Administrator for handling, the Claims Against the City submitted by Krystal Vollan/Kathlene McMillan Penwell (CL #2001-24). (F:52.2) 5. Approved Change of Date for the September l lt'' City Council/ Redevelopment Agency Meeting to September 10`}`. (F:44.1)(X:134.1) PUBLIC HEARINGS None. 31. Proposition 12 Grant Projects & A~lication Process. (F:84.1) City Manager Watenpaugh highlighted this item and noted the previous study session at which there was discussion of moving forward to apply for grants on various projects. He further noted discussion of ineeting with a consultant to assist with preparing background information and submitting grants. He commented that with deadlines getting closer, it is anticipated that a smaller organization with contacts in Sacramento would be helpful. He indicated that for $20,000 or less the materials could be prepared and submitted for trails, lake, wetland and other projects. He advised that a consultant had not yet been selected, however subject to City Council approval, staff would secure one to assist in this effort. Mayor Pro Tem Brinley commented that there was a complete discussion of this matter at the study session; and this was anticipated to be a good way to tap grants to fund wetlands, trails, etc. PAGE SIX - CITY COUNCIL MINUTES -AUGUST 28, 2001 Councilman Pape commented that if there was money available the City should do everything possible to get a piece of the fund. He suggested that emphasis be placed on the area along Lakeshore to allow for more public access. He indicated that he would also want to see permanent restrooms and showers along the beach area, and possibly some of these funds could provide them. He stressed the importance of getting the City's share of the funds. Councilwoman Kelley commented that there were a lot of grants available at the State level and the City needed to be part of that. Mayor Schiffner indicated that he was most interested in addressing the lake shore and the other project mentioned. He noted that the money received would be substantially less than the amount requested, but concurred that the mentioned projects were the right type for the funding. He fitrther noted the potential need for matching funds in addition to grant fiznds. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE OUTLINED PROJECTS LIST AND AUTHORIZE STAFF TO HIRE A CONSULTANT TO FACILITATE THE APPLICATION AND SUBMITTAL PROCESS, WITH CONTRACT NOT TO EXCEED $20,000. ITEMS PULLED FROM THE CONSENT CALENDAR 6. Award of Contract - Franklin Street/Canyon Estates Drive Connection - Hubbs-Fenante - $191,888.00. (F:156.2) Councilwoman Kelley indicated that she pulled this item to advise the public that this item was the connection of Franklin Street/Canyon Estates, which will help to alleviate the bottleneck at Railroad Canyon Road. PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 28, 2001 MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AWARD THE CONTRACT FOR THE FRANKLIN STREET/CANYON E5TATES DRIVE EXTENSION TO HUBBS-FERRANTE IN THE AMOiTNT OF $191,888.00; AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT. 7. Award of Contract - City Entrance Landscape Project - Marina Landscape, Inc. - $110,000.00. (F:95.2) Councilwoman Kelley announced that this approval would be for the City Entrance Landscape Project on Lakeshore/Lake Street, which will be landscaped, irrigated and make a nicer entrance to the City. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AWARD THE CONTRACT FOR THE CITY ENTRANCE LANDSCAPE PROJECT TO MARINA LANDSCAPE, INC., IN THE AMOiTNT OF $110,000.00, AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT AND AUTHORIZE TRANSFER OF $5,500.00 FROM THE TRAFFIC SAFETY FUND, IF AVAILABLE, OR FROM THE GENERAL FUND TO THIS PROJECT. 8. Towin~ Franchises - 4 Applications - Brothers Towin~:. Steve's Towing, LEAR Auto Bodv & Towin~ & Town and Country Towing. (F:68.1) Dan iJhlry, 150 E. Lakeshore, noted that when negotiations began there was discussion of keeping the towing companies from exceeding the number needed. He indicated that discussions were held in good faith, and it was his understanding that the City Council would use some discretion based on the City's need; and advised that in his opinion in discussion with other operators, they felt the same way. He suggested that there was not justification for a fourth franchise, although he realized it was a possibility. PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 28, 2001 He detailed the years of services far the e~sting towing companies and their level of professionalism in serving the public. He noted that they have all required that their personnel be certified, uniformed and present a professional image. He indicated that there was no difference in revenue for the City, but it will increase if a traffic division is formed through a grant or due to population increases. He requested that the Council give consideration to the justification to allow for four companies; and stay with the three that have been serving. Mayor Pro Tem Brinley noted discussions at the agenda review meeting as to whether the companies were in favor of the arrangements. City Manager Watenpaugh indicated that there had been a number of ineetings on this issue; and the proposed item had been FAXed to the tow companies this week, but response had only been received from LEAR Towing with regard to "legal non-conforming use". He indicated that the other matter of discussion had been whether the Council wanted to require the tow operators to bring their operations into conformance within a three or five year period. He advised that the Attorneys had indicated that the Ordinance was already adopted, and such a change would require pulling the ordinance and going through more revisions. He clarified that there was no requirement that the City issue a set number of franchises; however the franchises allow them to tow as part of the City/Sheriff s Department tows. He noted that there had not been discussions with each individual tow operator in months, however there had been ongoing discussions with Mr. ~JJhlry. Councilman Pape noted that there appeared to be concerns with the fourth company, but questioned if they were qualified, if there was a reason to exclude them. Councilwoman Kelley noted that all four companies had been in business for quite a few years. PAGE NINE - CITY COUNCIL MINUTES - AUGUST 28, 2001 City Manager Watenpaugh clarified that one of the issues was making sure that each operator had facilities within the City limits. At first one company did not, however at this time all qualify with offices and storage areas within the City. Councilwoman Kelley requested clarification that each had either a yard or an office within the City. City Manager Watenpaugh clarified that each business had both an office and a yard in the City. Mayor Pro Tem Brinley questioned the legal obligations of the City, if four are qualified and only authorize three. Deputy City Attorney Mann indicated that there would need to be a rational basis for choosing three companies instead of four; and suggested that one option would be to have staff rank the four facilities with regard to storage space, quality of facilities, etc. Mayor Pro Tem Brinley further questioned if this would represent a legal issue. Mr. Mann confirmed that it could be, if the decision was arbitrary. Mayor Pro Tem Brinley suggested looking at doing something to treat everyone on an equal and fair basis. Mr. Mann clarified that there would be no problem if all four were selected, but otherwise there would be a need to go through a ranking process. MOVED BY PAPE, SECONDED BY KELLEY TO ACCEPT ALL FOUR APPLICATIONS FOR TOW OPERATION FRANCHISE AGREEMENTS AND AUTHORIZE THE MAYOR AND CITY COUNCIL TO EXECUTE THE DOCUMENTS. Mayor Schiffner expressed understanding of Mr. iJhlry's concerns, and indicated that he would like to be satisfied before adding the fourth service that there is adequate business for all of them at this time. He inquired if there would be a hardship in continuing this item for more discussion and ranking of the companies. City Manager Watenpaugh indicated that there was not timing issue at this time, as this discussion had been ongoing for quite some time. He inquired of Police Lt. Horton if the fourth company was currently on the rotation. Lt. Horton indicated that they had not yet PAGE TEN - CITY COUNCIL MINUTES - AUGUST 28, 2001 been approved and were not yet in the rotation. Mayor Schiffner indicated that he would like this item continued to the next meeting. Mayor Pro Tem Brinley inquired if the maker and second of the motion would withdraw that motion. Councilman Pape indicated that all four companies were qualified and met the requirements; and suggested that it would open up problems if the City started trying to play favorites. Councilwoman Kelley stressed the length of operations of all of the companies. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH COUNCILMEMBER5 KELLEY AND PAPE IN SUPPORT, AND COUNCILMEMBERS BRINLEY AND SCHIFFNER IN OPPOSITION. City Manager Watenpaugh requested clarification as to what type of criteria the Council would like staff to investigate. Deputy City Attorney Mann suggested that the companies be ranked. Lt. Horton indicated that there was a system with the highway patrol and a number of other Sheriff stations, which set out specific criteria. Mayor Pro Tem Brinley indicated that she would be more comfortable having that information available to make a decision. Mayor Schiffner noted that the only problem with that process would be if one of the old companies falls short. He commented that he would be interested in the outcome, but expressed hopes that staff would talk with the companies and determine the reason for an additional operator or no additional operators. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:36 P1VI. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:40 P.M. PAGE ELEVEN - CITY COUNCIL MEETING - AUGUST 28, 2001 PUBLIC COMMENTS - NON-AGENDIZED ITEMS Leroy Tucker, 3532 Cherry Blossom, commented on the campground, noting that it was not on the open session agenda for this date, but was discussed in Closed Session. He noted the presentation by a company interested in rumiing the campground and indicated while it was a nice presentation, the gentleman was suggesting a 75 year lease. He noted comments by Councilman Pape that the Council might want to consider a 10 year lease with the ability to inspect for proper operations prior to e~ctending the lease. He indicated that the rest of the Council basically agreed, but the gentleman indicated that if he couldn't have 75 years, he didn't want to waste the City's time; however, none of the Council said they weren't interested in a 75 year commitment. He expressed hopes that the City Attorney would not bring a 75 year lease agreement for consideration, as it would not be fair to the City or the future City Councils. Mr. Tucker questioned what was happening at Gunnerson Lake, and thanked the Council for the Lakeshore Drive work. Dan Uhlry, 150 E. Lakeshore Drive, announced the upcoming carnival and rodeo and detailed the hours and events, noting the big response being received. He detailed the locations for ticket sales and suggested interested parties contact the hotline at (909) 506-3686. Barbara Cady, 32524 Wildomar Road, reminded everyone of the upcoming weekend Rodeo, followed by the Philharmonic the next weekend. She noted that the conductor had requested that no one bring dogs to the concert. She announced that the membership drive for the Elsinore Valley Arts Network would be in September and their regular meeting was held the ls` Thursday of the month at 7 p.m. in the Cultural Center. She stressed the need for additional volunteers and assistance. Chris Hyland, 15191 Wavecrest, indicated that $1 million had been spent on lawyers as a result of the City's lawsuit against the Water District. She suggested that this action was wasting money the City didn't have. She indicated that putting PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 28, 2001 water in the Lake would be easy, if the City simply paid its half. She noted a recent discussion regarding a new car for the City Manager, when Councilman Metze indicated the City was broke. She suggested that Councilman Pape was taking credit for a variety of things simply to gain reelection and indicated that he had a track record to defend, with suing the Water District being his last shot at wasting City money. She indicated that the City is broke and requested support in the election on November 6`~'. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Suggested that Council include their Committee Reports in their Council Comments. 2) Advised that Gunnerson Pond was a project funded through Congressman Calvert's office to provide wetlands in the area, and detailed the location. 3) Indicated that he would not reference the lawsuits, however noted that the City paid 1/2 of the $2 million required to complete Mission Trail, in cooperation with the County of Riverside. He indicated that the City share was paid by CDBG funds and Transportation Funds. CITY ATTORNEY COMMENTS Assistant City Attorney Mann commented on the following: PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 28, 2001 2) Addressed Mrs. Hyland about the $1 million in attorney fees, indicating that he was not aware of what EVMWD was being charged, but the City had not neared that cost. 3) Announced that the Closed Session held on the topics listed on the agenda was held, with no reportable action on either item. CITY COUNCIL COMMENTS Councilman Pape commented on the following: 1) Reported that he serves on the Riverside County Transportation Commission; and that they would be moving forward with the Highway 74 improvements between Perris and Lake Elsinare. He indicated that it would be improved to five lanes, and work was proceeding on acquisition and environxnental studies. He advised that he anticipated that they would receive the bids for Phase I at their next meeting. He stressed the benefit of the project for Lake Elsinore when it is completed. 2) Commented on the Mission Trail improvements and stressed that it was very positive for the entire area; and reiterated that the City and County worked together and shared costs for the project. 3) Reported that he had found some interesting number, being that of the 48 cities in the Inland Empire, the City is in the middle for population, but in the upper one third for sales tax per capita. He noted that this was probably due to the Outlet Center and Car Dealerships. He also noted that the median price for existing homes jumped 23 percent in a one year period. Councilwoman Kelley commented on the following: PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 28, 2001 1) Invited the public to attend the Philharmonic Concert on September 8`~' at 7 p.m. in McVicker Park. She noted that parking might be limited due to the Fire Station project currently under construction. Mayor Pro Tem Brinley commented on the following: 1) Welcomed Deputy Cordova back to the meeting following his recent motorcycle accident, indicating that she was glad to see him back. 2) Advised that she represented the City on the Riverside Transit Agency Board; and announced that the Week of September 10~' will be "Try Transit Week", with free rides. She noted that they would be taking a field trip with area students to go to the County Courthouse, have lunch and visit Mayor Ron Loveridge of Riverside for a tour, on the 10~' and 12~' of September. 3) Announced the 4`~' Anniversary EDC Luncheon on September 6~`, nothing that it would be a formal sit-down lunch with speaker, Dr. Suni Ervales. She indicated that the cost would be $25 per person, with RSVP' required by September 4`~'•. She stressed that seating will be eatremely limited as there were already 90 reservations. Mayor Schiffner commented on the following: 1) Noted the following upcoming events: Household Hazardous Waster Collection - September ls` Open Air Market - September 2na Temescal Canyon High School Football Game - September 6tn Lake Elsinore STORM Playoff Game - September 7`~'. 2) Announced that Lake Street would be closed from 7 a.m. to 4 p.m. on Wednesday, August 29, 2001, for paving. PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 28, 2001 3) Addressed Mr. Tucker regarding the campground and indicated that there had been many negotiations back and forth, but no decisions had been made at this time. He commented that he was sure that there would be no 75 year lease on the facility. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY iJNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8 P.M. . ~ R BE L. SC CITY OF LAKE VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE YOR