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HomeMy WebLinkAbout04-11-2000 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 11, 2000 x:~*~~r*:~~~~~~~~x~~x:~~~:~~*:~~r~~~~~~~~~x~~x~~e:~~:~~*:~~**~~~~~~~r~~~~~:~:~~~~~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. INVOCATION The Invocation was provided by Lay Minister Alfred Macias, representing Elsinore First Assembly of God. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative 5ervices Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, City Treasurer Ferro, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS a. Recognition of the City's 112`t' Birthday. (F:45.1) Mayor Brinley noted the City's 112`h Birthday on Apri18`~' and read a brief history of the City. She invited the public to join the Council for Cake and punch to celebrate this event. PUBLIC COMMENTS - AGENDIZED ITEMS A Request was received to address the following item and deferred to that discussion: Item No. 31 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:10 P.M. PAGE TWO - CITY COUNCIL MINUTES - APRIL 11, 2000 THE CTTY COUNCIL MEETING RECONVENED AT 7:16 P.M. CONSENT CALENDAR ITEMS MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNAlVIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Special City Council Meeting - March 28, 2000 b. Regular City Council Meeting - March 28, 2000. (F:44.4) The following Minutes were received and ordered filed: a. Planning Commission Meeting - March 15, 2000. (F:603) b. Design Review Committee Meeting - March 15, 2000. (F:60.4) 2. Ratified Warrant List for March 30, 2000. (F:12.3) Received and ordered filed the Investment Report for February, 2000. (F:12.5) 4. Rejected and referred to Claims Administrator the Claim Against the City submitted by Roelf W. Payne (CL #2000-3). (F:52.2) Approved Deed Acceptance for Acquisition of Two Properties being: Lake Front Lot from Winston & Sally Newman (APN# 3751-900195) and Pottery/Granite Street Lot from Jolene Cassano (APN# 377-292027). (F:48.1)(X:132.1) 6. Approved Contract:with SC Engineering for a Project Study Report for Railroad Canyon Road and I-15 Freeway Interchange, and authorized the City Manager to sign the contract. (F:156.2) 7. Awarded Contract for the Main Street Pavement Rehabilitation and Sewer and Water Improvement Project to Vance Corporation, in the amount of $749,572 and authorized the Mayor to execute the contract; and authorized the transfer of $36,275 of Traffic Safety Fund and $50,000 from Storm Drain Funds to the Main Street Project. (F:156.2) PUBLIC HEARING 21. Cost Recoverv Action - 801 W. Graham Avenue. (F: 32.4) City Manager Watenpaugh noted that this item was presented at the last meeting, however it required re-noticing. Community Development Director Brady advised that this item was back before the Council because the owner had not been properly noticed of the hearing. He explained that this was the same cost recovery process discussed at the City Council PAGE THREE - CITY COUNCIL MINUTES - APRIL 11, 2000 Meeting and would be in the amount of $13,950. Mayor Brinley opened the Public Hearing at 7:19 p.m., asking those persons interested in this item to speak. Hearing no requests to speak, the Public Hearing was closed at 7:20 p.m. Councilwoman Kelley noted that this was the reimbursement for the abatement of a substandard structure. Councilman Metze indicated that this was part of the due process, the property was a nuisance and it was abated. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY ACTION AND AUTHORIZE STAFF TO PREPARE APPROPRIATE BILLINGS, FOLLOWED BY PLACEMENT OF A LIEN, IF NECESSARY, ON THIS PROPERTY. BUSINESS ITEMS 31. Amending Sections 9.96.030. 9.96.080. 9.96.130, and Addin~ Section 9.96.125 "Leneth of Vessels" of the Lake Elsinore Municipal Code - Ordinance No. 1063. (F:92.1) City Manager Watenpaugh explained that the City entered into an agreement with local entrepreneurs to allow a cruise ship to provide dinner cruises on Lake Elsinore. He noted that as part of the agreement the City agreed to bring back several modifications to the Lake Elsinore Municipal Code to ensure that the Lake Elsinare Princess does not violate the local Code. He further noted that what was before Council was proposed modifications to the Lake Elsinore Municipal Code that would extend the approval to the City Manager, not only for the Princess, but other commercial activity or enterprises on the Lake. Community Services Director Sapp noted the proposed amendments to the Lake Elsinore Municipal Code and asked that an additional amendment be included to Section 9.96.180. He stated that this would be amended to allow vessels to cast off or weigh anchor during nighttime hours with written order by the City Manager. He explained that this would allow the Princess to operate on the Lake. He further explained that 9.96.030 prohibits boat access into restricted areas and the change will provide access with written order from the City Manager; Section 9.96.080 addresses traffic patterns and modifications, which can be made by written order of the City Manager for the Princess or other vessels; 9.96.130 restricts speed limits on the lake at night unless authorized by written order of the City Manager and will allow the Princess to go faster than five miles per hour should the need arise; the addition of 9.96.180 would allow the Princess or other vessels to launch at night by written order of the City Manager; and PAGE FOUR - CITY COUNCIL MINUTES - APRIL 11, 2000 the new addition of 9.96.125 which limits the length of vessels unless authorized by the City Manager. City Manager Watenpaugh clarified that where the City Police Department may call out the LEMSAR members for emergency situation and does not pertain to these changes. They have access to the Lake at any time to address emergency situations. Chris Hyland, 15191 Wavecrest Drive, asked if the Princess is certified and if it has to be certified. She further questioned if there would be patrolling on the Lake at night. City Manager Watenpaugh stated patrolling was not mentioned: Mrs. Hyland asked if anyone can go on the Lake at night and there would be no patrol officer. City Manager Watenpaugh stated that there has been no discussion in the report regarding patrolling of the Lake at night. He noted that the Police Department has patrolled the Lake at various times in the evening to monitor activities, however the item being discussed does not address patrol of the Lake. Mrs. Hyland stated that she felt it might be more crucial to patrol at night than during the daytime hours, when all the boats will be on the Lake at night. City Manager Watenpaugh stated that this would be for restricted use only and the Lake will not be open to all boats at night. Mrs. Hyland questioned if the City was giving privileges to the Princess over any other boat in the City. City Manager Watenpaugh stated that the City was providing a vehicle whereby commercial ventures or activities could participate on the Lake at night providing they have gone through the process; and it would not prohibit the private person from applying for night use on the Lake. Mayor Brinley asked that Mrs. Hyland make her comments, and then staff would respond. Mrs. Hyland stated that she would like the people of the community to know that they too can go on the Lake at night, the same as the commercial vessels, based on the fact that the City was giving privileges to a private enterprise and the Lake belongs to the community. City Manager Watenpaugh explained that the private enterprise would be paying for the privilege of using the Lake at night, since the City is getting a percentage of the revenue generated by the operation, as part of the agreement. He further explained that private citizens, by written order of the City Manager, could use the lake at night. He noted that it is the same Ordinance the State operated under. City Attorney Leibold noted that the Lake hours are sunrise to sunset and it is generally not patrolled at night, so there are safety concerns that the City has tried to address. She further noted that in the case of a recreational/commercial venture, with a concession agreement with the City, special authorization is anticipated and there is a process that a request can be made to the City Manager; and the City Manager has the authority to authorize nighttime launching at a time when interference with other public recreational uses is negligible and would not interfere with the general , vk> r.,x .~ PAGE FIVE - CITY COiTNCIL MINUTES - APRIL 11, 2000 public's daytime use. Mayor Pro Tem Pape stated that the boat was already on the Lake and in a couple of months the City would receive some revenue from it, however he felt that the most important issue was the goodwill the Princess will generate for the community. He noted that there are a lot of people in the community who are very excited and are looking forward to the Princess being in full operation. He stated that he felt that the City should encourage the Princess to be operational as soon as possible. Councilman Schiffner stated that he was happy to see that the City Manager would have the option to permit any other boating on the Lake, depending on what criteria is later established. Councilman Metze stated that the City is darned either way. He stated that if the City gave the owners a hard time they would be criticized for damaging their business and now the City is trying to expedite and help a small business by granting special privileges, there are complaints. He noted that Council is harassed either way. He stated that he did have one concern, and questioned allowing the Princess or any other craft to go the wrong direction. He explained that he felt that there could be a real potential danger of an accident occurring. City Manger Watenpaugh stated that all the concerns stated are a major concerns for the City. He noted that the Princess owners will be supplying a route program for review and will be warking with City, Fire Department and Police Department staff to determine what route would be best and safest and how to best respond to safety issues. He noted that the ability to go in a reverse direction is part of a safety issue for the Princess and would be implemented primarily due to weather. Councilman Metze concurred with all of the other amendments to the Ordinance. He noted that it was speed and direction that were his concerns. Community Services Director Sapp explained that the amendments to the Ordinance are primarily for nighttime operations, and should the need arise, for emergency as well. He noted that this gives the captains of the Princess the ability to break the traffic flow should the need arise for emergencies. He stated that as long as the traffic flow and speed limits are mitigated, he has no problem. He noted that it is his understanding that they have over 2,500 reservations at this time and this will be a going venture. Councilwoman Kelley stated that the community and Council have been eagerly awaiting the launching of the Princess, and now that it has been launched, she felt that it would behoove Council to help expedite in any way they can to assist this business operation. She reminded the public that the Ordinance is authorizing the changes on the Lake, with the written order of the City Manager only. She stated that this Ordinance does not give free license to use the Lake at night, to break the traffic pattern or to launch a bigger boat. PAGE SIX - CITY COUNCIL MINUTES - APRIL ll, 2000 Mayor Brinley concurred with the rest of Council and stated her pleasure that the Princess was so close to operation. She noted that the entire community has looked forward to the operation of the Princess and they should be overrun with business. She wished the owners of the Princess the best of luck. City Attorney Leibold clarified the ordinance, its amendments and addition. MOVED BY KELLEY, SECONDED BY PAPE TO ADOPT ORDINANCE 1063 UPON FIRST READING BY TITLE ONLY WITH THE ADDITION OF AN AMENDMENT TO SECTION 9.96.180 ALLOWING 1VIGHTTIME LAUNCHING UPON WRITTEN ORDER OF THE CTTY MANAGER: ORDINANCE NO. 1063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 9.96.030, 9.96.080, 9.96.130, 9.96.180 AND ADDING SECTION 9.96.125 TO SAFETY REGULATIONS: USE OF PORTIONS OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COiTNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:35 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 7:45 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, indicated that she only cares about Lake Elsinore potholes. She advised that she got excited about an article in today°s Californian about the pending initiative; and noted that she had called to offer assistance in obtaining signatures. She inquired who the City Manager was to degrade the residents and suggested that the Registrar of Voters would determine the configuration of the Districts. She addressed comments by the Council in the news article and suggested that the community was not getting anything for their money now. She noted that the Council and City Manager expended $6,625 on a trip to Washington D.C.; and suggested that if the initiative fails there might be PAGE SEVEN - CITY COUNCIL MINUTES - APRILl l, 2000 recalls of the Council. She suggested that interested parties contact the Walshes to assist. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted the newspaper article discussed and indicated that the comments were not meant to be degrading to the residents. He stressed that the City Attorney is bound by law to remain neutral for the City. He further stressed that the City Attorney attempted to share the issues and concerns with regard to the initiative. He explained that it is uncertain whether the initiative in the current form can be codified; and noted the initiatives in the last ballot pamphlet wherein the details were specifically spelled out. He pointed out as an example that the it does not say when the current terms of Councilmembers end; but noted that the State law sets the term of office at four years. He reiterated that his comments were not intended to degrade the Walshes or the citizenry. He stressed that it was not an attempt to prevent collecting signatures. He commented that it is a shame that when the City tries topoint out potential problems it is seen as a bashing of the individuals. 2) Confirmed that the trip to Washington, D.C. did occur and indicated that he was very glad they went. He noted that the City already got $1 million from Congressman Calvert and the City has heard that another million is on the way. He explained that the Valley group has made this trip for eleven years and the City was very fortunate to have been invited. He stressed that it was a big benefit to the community. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Kelley commented on the following: 1) Noted that she had a discussion with a School Board member, and found that the City was formerly sued to establish election by Districts and there was fight to get rid of the Districts. 2) Reminded the community of the Children's Fair at McVicker Park on Apri122"d PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 11, 2000 3) Announced the Youth Court Spaghetti Dinner on April 19"' at the Elks Lodge. Councilman Schiffner commented on the following: 1) Noted that in view of the previous comments he was hesitant to mention it, but he made a trip the past weekend. He indicated that he attended the Grand Opening of the Westin Hotel in Westminster Colarado. He explained that he attended because of the e~sting contract with the O'Byrnes. He advised that they produced a very fine hotel in Colorado and established a good working relationship with the City. He advised that the Hotel will open to the public on April 15"' and it is a fantastically beautiful hotel with a plaza, ice rinks; convention center, etc. He suggested that Lake Elsinore would be very proud to have a facility of that nature. He indicated that the City should be hearing from the O'Byrnes in the ne~rt month to hear what they have planned for Lake Elsinore. Mayor Brinley commented on the following: 1) Reiterated the success of the Washington, D. C. trip and the funds secured. She noted that Congressman Calvert is still working to assist with matching funds and he is very interested in the formation of the JPA and its findings. She stressed that funds are being obtained to assist with the Lake through the work of the Councilmembers, the City Manager and the Congressman. 2) Noted the invitation to the Westminster, Colorado Promenade Hotel, and indicated that it was a gorgeous facility. She further noted that there were in excess of 800 people present to honor the Westin, the O'Byrnes and the City of Westminster Colorado for their insight on this project. She detailed the amenities of the facility including a beautiful water fountain, sports grill, three ice rinks, 24 screen theater and related shopping area. She noted that they met representatives of the Westin hotel and confirmed their interest and excitement with their proposed project in Lake Elsinore. She stressed that it was a beautiful project and anticipated a similar product for Lake Elsinore. 3) Announced the following upcoming events: City Wide Clean-up - April 15tn Seniar Center Easter Party - Apri120~' Lake Elsinore Children's Fair & Easter Egg Hunt - Apri122"d Southwest County Career Fair - Apri122°a Classic Car Show - Apri122°a INT Waterski-Wakeboard-Kneeboard Competition - Apri129~' & 30~' Deadline to Enter the Neighborhood Pride Program - May 1 S` Cinco De Mayo Celebration - May 6`h and 7~' Open Air Market - May 7`n PAGE NINE - CITY COiINCIL MINUTES - APRIL 11, 2000 City Manager Watenpaugh provided an update on the Lake Elsinore Princess and noted that they were now looking to begin operations on the July 4'~' weekend. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: Addressed the pending Initiative and explained that the Elections Law requires that the Notice of Petition to circulate an initiative be accompanied by the full text of the initiative. She noted that there have been some discussions, some debate, some confusion about the role of the City Attorney, and some suggestion that it is the role of the City Attorney to place the initiative into proper legal form. She further explained that it cannot be the case and to suggest that the City Attorney would have that power or that burden would undermine the initiative process altogether. She stated that for any initiative proposed, there might be many different ways to interpret its substance, the implementation and so forth. She explained that to provide that the City Attorney prepare the initiative, would necessarily reflect the City Attorney's personal approach and interpretation; and undermines the whole point of the initiative process, which is to vest in the people the right or power to legislate. She stated therefore, by way of clarification, the role of the City Attorney is to remain neutral, to provide a valid title and summary, but not to draft the text of the initiative. 2. Noted that everyone is entitled to a fish story and in light of the fish being stocked in the Lake, she wished to share that although she and her husband did not catch the infamous "Whiskers", they did catch a special fish. She then presented a fish mounted on a plaque that moved and sang. CLOSED SE5SION None. ADJOURNMENT MOVED BY SCHIFFNER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN T GULAR CITY COUNCIL MEETING AT 8:05 P.M. ~ /1 ~AMELA BAR~NLEY, MA CITY OF L ELSINO ATTEST: ~.~~'.~ VICHI KASAD, CMC, CITY CLERK CITY OF LAKE ELSINORE