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HomeMy WebLinkAbout12-12-2000 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 12, 2000 ~*~~~~~~~~~:~:~:~~~~:~~~x:~~*~~~~~:~~*:~~:~~~:~~*:~~:~~~:~~~*:~~~~~~~x:~:~~~~~:~:~~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:08 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Brinley. INVOCATION The Invocation was provided City Treasurer Ferro. 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 Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, City Treasurer Ferro and City Clerk/Human Resources Director Kasad. PRESENTATIONS None. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 6, 34 and 36. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: , Item Nos. 6 and 8. PAGE TWO - CITY COUNCIL MINUTES - DECEMBER 12, 2000 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - November 14, 2000. (F:44.4) b. City Council Study Session - November 28, 2000. c. Regular City Council Meeting - November 28, 2000. The following Minutes were received and ordered filed: d. Planning Commission Meeting - November 15, 2000. (F:60.3) e. Design Review Commission Meeting - November 15, 2000. (F:60.4) 2. Ratified Warrant List for November 30, 2000. (F:123) 3. Received and ordered filed the Investment Report for October, 2000. (F:12.5) 4. Rejected and referred to Claims Administrator far handling the Claim Against City filed on behalf of Ryan G. Andrus (CL #2000-22). (F:52.2) 5. Received and ordered filed the F/Y 1999-00 Annual Audit & Financial Report for the Fiscal Year ended June 30, 3000. (F:241) 7. Accepted Notice of Completion for the Restroom Renovation and Improvements at the Community Center, from Jauregui & Culver, Inc.; and authorized recordation. (F:64.3) 9. Accepted Grant Deeds for Right-Of-Way - Industrial Project 00-02 (Triple J. Development and authorized recordation. (F:132.1) PUBLIC HEARINGS 21. Probosed Cottonwood Hills Road to Canvon Hills Road Street Name Change. (F:158.1)(X:150.2) City Manager Watenpaugh noted that this morning there had been some question as to whether the applicant wanted this consideration to occur; but they had confirmed their interest in proceeding. He explained that the requested change would be from "Cottonwood Hills Road" to "Canyon Hills Road" on the portion between Railroad Canyon Road and Lost Road. Mayor Brinley opened the public hearing at 7:10 p.m., asking those persons interested in this item to speak. Hearing no requests to speak, the public hearing was closed at 7:11 p.m. City Clerk Kasad reported no correspondence relating to this item. PAGE THREE - CITY COUNCIL MINUTES - DECEMBER 12, 2000 Councilwoman Kelley indicated that she had not problem with this request, particularly since only the property owners/applicant are affected by the change. Councilman Metze indicated that Canyon Hills Road was fine with him. Councilman Schiffner indicated that he had no problem with the change. Mayor Pro Tem Pape supported the change. Mayor Brinley had no problem with the change. MOVED BY SCHIFFNER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2000-53, ORDERING THE STREET NAME CHANGE, AND AUTHORIZED STAFF TO PROCEED WITHT THE CHANGE. 31. Auto Citation Program. (F:156.3)(X:127.2) City Manager Watenpaugh advised that this program was an attempt to facilitate more consistent enforcement for the street sweeping program. He explained that it would utilize hand held computers and allow the officers to keep up with the street sweeper; and hopefully prevent lapses in the enforcement following the sweeper. Community Services Director Sapp offered to detail the agreement, but summarized noting that it would benefit those people who have to pay fines, as they can pay with a credit card for their convenience. City Manager Watenpaugh noted that this was not a revenue generating program, but more of a push on the cost recovery basis. Mayor Pro Tem Pape suggested that the ne~ quarterly newsletter could let residents know that this is going to occur, and it is highly likely that tickets will be issued. He commented that this action will allow the street sweeper to do a more adequate job and keep the neighborhoods looking nicer. He stressed the importance of getting the word out to the residents that tickets will be issued. He also noted that people will be able to move their vehicles after the sweeper goes by. Councilman Schiffner reiterated that the intent of this program was to get the streets clean. He noted that the program would create revenue for a while, but hopefully people would change their habits and the revenue will be cut by compliance. Councilman Metze concurred with the comments of his fellow Councilmembers. PAGE FOUR - CITY COUNCIL MINUTES - DECEMBER 12, 2000 Councilwoman Kelley concurred with the other Councilmembers and noted that the current system is inefficient and inconsistent. Mayor Brinley suggested that whenever the City starts a new program, it should look at a press release or a small advertisement in the newspaper where people will notice it and get the explanation. She suggested that it would also be helpful to run a public service advertisement on Channel3, in addition to the quarterly newsletter. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AGREEMENT FOR PROCESSING PARKING CITATIONS, AND APPROVE A FULL-TIME CODE ENFORCEMENT OFFICER FOR ENFORCEMENT OF STREET SWEEPING PARKING VIOLATIONS. 32. Multi Snecies Habitat Conservation Plan (MSHCPI. (F:76.3)(X:140.1) City Manager Watenpaugh highlighted this item, and explained that it was being brought to the Council now because some cities were adopting an interim plan, but staff had several concerns. He detailed the potential losses of developable space, and requested that the Council ask the County to review and develop a more equitable plan. He stressed that the City could not afford to loose so many major projects and suggested the potential for a more finite, equitable program. He indicated that at the present time there was no program in place to fund the maintenance of that acreage. Councilman Schiffner noted that there was a meeting the previous evening to gain input on this issue from the cities. He indicated that he personally commented that all three alternates are devastating to the City of Lake Elsinore. He suggested that there was a need for continued research on alternate one, but made it clear that in no way was the City agreeing to accept the program. He noted that it had been befare the Council previously, but suggested approval of this non-committal approach. Councilman Metze indicated that he wanted to be sure of the recommendation, and suggested that the maps show Lake Elsinore as a giant cage for multi-species. He indicated that he did not trust the program at all, and expressed concern with the County's refusal to come back to discuss it further with the Council, prior to seeking approval. He commented that they could forget any approval and suggested that this plan would do permanent damage to the community. Councilwoman Kelley noted that when this plan was presented to the Council in October, the dissatisfaction of the Council was strongly identified; and they asked that this matter come back with more complete facts and figures, which has not occurred. She stressed that there were still many unanswered questions and expressed a lack of understanding with how the land was balanced between the cities. She took exception to the PAGE FIVE - CITY COUNCIL MINUTES - 12, 2000 way the property had been identified; and suggested that it would put developers in the position of turning themselves in, since there was no conclusive study of the specific locations of endangered species. She suggested working toward a more equitable program, possibly joining forces with Murrieta since they are having the same difficulty. She noted that the program has been provisionally approved by Temecula, but stressed that the plan as presented was not a good approach. Mayor Pro Tem Pape indicated that he could not support the program as proposed, as it would be very detrimental to the City. He stressed that the County was proposing to take about 10,000 acres for habitat in addition to the land already set aside for that purpose. He further stressed that of the 14 cities involved, 27% of the land is in the City of Lake Elsinore; which does not sound fair or equitable at all. He indicated that the plan will directly impact the businesses which can be attracted, as well as existing businesses, by limiting the growth of the population. He questioned the value of the property which is to be set aside; and expressed specific concern with the private property rights involved. He stressed the potential losses in developer fees and property and sales taxes. He questioned who should come first, the people or the K-Rats. He expressed hopes that the area Supervisor would keep that in mind when voting ne~ week. ' Councilman Schiffner noted that much of the land included, had not been - identified as harboring the species, but rather as being the type of land they might like to go to. Councilman Metze noted that the K-Rat already has 40,000 acres and $40 million set aside for it; while a mutation of the same rat resides in San Bernardino. Mayor Brinley commented that this was a very serious issue and appealed to Mr. Buster to be very sensitive when dealing with Lake Elsinore and Murrieta. She reiterated that 27% of the set-aside is in Lake Elsinore and will affect businesses, homes and the local economy. She stressed that the City had not received enough information for a sound decision; and expressed concern for protecting the needs of the property owners. She fiuther stressed that it was not fair for one City to carry the whole burden. Mayor Pro Tem Pape requested that staff contact the Chamber of Commerce and EDC Leadership to advise them of the potential impacts. Mayor Brinley noted the upcoming EDC meeting on the 14`~' and suggested that comments be presented at that meeting. She also encouraged staff to work with the City of Murrieta to see if there is an acceptable resolution. MOVED BY SCHIFFNER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ENCOURAGE RIVERSIDE COUNTY TO EVALUATE A MORE EQUITABLE PROGRAM, EVALUATE THE PAGE SIX - CITY COUNCIL MINUTES - DECEMBER 12, 2000 ECONOMIC IMPACTON THE CITIES AND PRESENT A MORE FINITE PROGRAM TO THE CITY COUNCIL SO THEY CAN MAKE AN INFORMED DECISION ON WHETHER TO SUPPORT THE PLAN OR NEGOTIATE INDEPENDENTLY WITH THE DEPARTMENT OF FISH AND GAME FOR PRESERVATION AREAS. 33. Southwest Riverside Count Transportation Uniform Miti~ation Fee Pro~ram. (F:140.1)(X:156.1) Community Development Director Brady explained that the City had been participating with Murrieta, Temecula and the County to address a uniform fee, for which the process has been underway for two years. He noted that staff serves on the Technical Committee and Councilwoman Kelley serves on the Policy Committee. He explained that this program would require the adoption of a fee on all new development, which could be $5,400 for a single-family dwelling unit; and expressed concern with regard to how that fee would impact development in the community. He advised that the City was undertaking its own study which should be complete by next summer. He explained that some other cities already have a fee in place, but without a proper study it would be difficult to decide if the City should participate. He indicated that staff was continuing to attend meetings, but WRCOG has requested that the participating agencies provide funding for studies on this fee. He noted that each City would be asked to provide about $10,000 in addition to signing an implementation agreement; but suggested that the City continue participating in the process, with no funding until final documents are in place. Councilwoman Kelley noted that she had been participating on this committee; and they have been told that the Lake Elsinore, as well as some other cities, have reservations about this program. She noted that a lot of the improvements and mitigation are south of the City and questioned the equity of the program. She noted that the participants have requested prioritization of the projects, however at this point that has not been provided. She suggested that it would be a good idea to wait and see what the City fee would be before participating in improvements in other communities. She encouraged continued participation in the process. Mayor Pro Tem Pape concurred that a City fee should be considered prior to a regional fee, but stressed that on a City-wide basis he would not even consider a fee as high as $5,400 or $6,000. Councilwoman Kelley clarified that the fee proposed was the residential rate. Mayor Pro Tem Pape expressed concern that it would deter people from coming to the community and suggested that more review was needed. He questioned whether staff time should be expended when the City would probably not participate. Councilman Schiffner suggested that any improvement in the community is of benefit to the City; but noted that he had not seen how the benefit ratio could be worked out advantageously. He emphasized that the City's participation should exclude any financial participation at this point. PAGE SEVEN - CITY COiTNCIL MINUTES -DECEMBER 12, 2000 Councilman Metze concurred with the other Councilmembers, but questioned the fiscal impact issues. Councilman Schiffner clarified his - recommendation, and noted that the multi-species efforts look at $500 per residence. Councilman Metze suggested that there was a need to increase the fees, but he did not see a need to participate at this time. City Manager Watenpaugh noted that this was similar to the previous item, in that it contemplated a fee, when no one was certain of the final outcome. Councilman Metze reiterated the need to be cautious on items like this. Mayor Brinley suggested that action on this matter would be setting fees for something, for which the benefits are not known; and indicated that she would like to see an economic analysis before setting a fee. She indicated that she would like to see continued participation to see how the fees relate to Lake Elsinore; but stressed she would only agree if the City is allowed to sit in discussions without financial support at this time. MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE TO PARTICIPATE IN THE TECHNICAL COMMITTEE AND POLICY COMMITTEE MEETINGS WITH NO FINANCIAL PARTICIPATION; AND COMPLETE THE CITY'S STREET IMPROVEMENT FEE STUDY PRIOR TO THE ADOPTION OF A REGIONAL TRANSPORATION iJNIFORM MITIGATION FEE (TUMF~. 34. CETAP - Request For Additional Funds. (F:140.19) City Manager Watenpaugh noted that this was a Riverside County Transportation Commission request for additional funding for the Community and Environmental Transportation Acceptability Process, ' which looks at interior and connecting transportation corridors. He explained that they have requested that the WRCOG cities participate at a , rate of $1 per capita for additional studies; which could generate about $829,400 from the fourteen cities. He further explained that they have stipulated that cities who participate could spread the cost over two years. He advised that staff was not making a recommendation at this point and noted that a two year contract was somewhat difficult to guarantee at this time. He detailed the corridors included in the report and the funding needs. Mayor Pro Tem Pape, City representative to RCTC, indicated that he personally supports the CETAP process and indicated that it was a good planning effort. He noted that a couple of months ago they discussed corridor planning and there was discussion of how to address corridors which are within a city versus those that go into other counties and how best to combine them. He expressed concern with moving ahead when there is not enough money to allow all three processes to move ahead. He indicated that he did not think it was appropriate to contribute money when they knew there was not enough money to move forward with the process in the first place. PAGE EIGHT - CITY COUNCIL MINUTES - DECEMBER 12, 2000 Councilman Metze questioned the County's contribution. Mayor Pro Tem Pape indicated this was a good question. Councilman Metze concurred with Mayor Pro Tem Pape, noting that he serves at the City's representative on the committee. He noted that the County holds a major share of the votes, and concurred that he could not see participating in the funding until more solid information is available. Councilwoman Kelley noted that she initially thought the work would be on only two corridors, however it has now been expanded to four. She expressed concern that they were looking to the cities to catch them up and indicated that she had a difficult time with this proposal. Councilman Schiffner concurred with the other Councilmembers, but indicated that he would like to see the process continue. He questioned the possible alternatives. Mayor Pro Tem Pape indicated that they would continue to look for grant money and additional funding is expected from the State this year. Councilman Schiffner suggested that they continue looking far another source. ; Mayor Brinley questioned the County's position on this funding. She indicated that she would need to see more information before supporting this action. Dan iJhlry, 150 E. Lakeshore, indicated that he was concerned about the issues raised by Councilwoman Kelley and reiterated that the original scope was two corridors and the committee had enlarged its own scope. He questioned the control factors and what limitations there were on how large they would make themselves grow. MOVED BY SCHIFFNER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO DENY THIS FUNDING REQUEST. 35. Ri~hts-of-Wav Use Agreement Between the Citv of Lake Elsinore and Leve13 Communications LLC. (F:68.1) City Manager Watenpaugh indicated that this matter was previously turned over to the City Attorney, and explained that this new contractor was coordinating the conduits in the ground and the use for fiber optics. He advised that the Attorney had negotiated a fee for this use. City Attorney Leibold indicated that this agreement was similar to the agreement with the GST who initially placed the conduit; and now Leve13 Communications was requesting access to twelve conduits for fiber optic cable. She explained the rights of way agreement which provides for the payment of $84,444 dollars to the general fund; which serves as a cost recovery for staff and legal costs. Todd Rahemi, applicant, noted that this project was part of a joint building project and is intended to minimize the intrusion into public streets. He PAGE NINE - CITY COUNCIL MINUTES - DECEMBER 12, 2000 advised that the plan was approved by the City Engineer, however the agreement was not previously signed. He indicated that this would be a similar agreement to take title to the conduit which was previously installed. He noted that GST did not provide any of this cost recovery to the City and his company had offered to pay for the attorney fees and trench cut fees on behalf of three companies, as part of their nationwide long distance cable system. Councilman Schiffner inquired if there was anything in this cable which would be useful to the City of Lake Elsinore. Mr. Rahimi indicated that it would provide nothing for City residents, but would be a backbone for long distance service. He clarified that they do not provide the service to the end users. Councilman Metze had no questions. Councilwoman Kelley had no questions. Mayor Pro Tem Pape noted that the cable is already in the ground, but this will provide the City with a check in excess of $84,000. Councilman Metze questioned if there would be a bond for the wark. Mr. Rahini clarified that their conduits are already in the ground and they will ' gain access through manhole covers. Councilmembers stressed the need to keep the streets in good condition. Mr. Rahini confirmed that would not be a problem. Councilman Schiffner indicated that this sounded like a good deal, with which he could find no fault. Mayor Brinley commented that this agreement would be advantageous in that they paid the City and would not dig up the streets. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE MAYOR TO EXECUTE THE RIGHTS OF WAY AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND LEVEL 3 COMMUNICATIONS SUBSTANTIALLY IN THE FORM PROVIDED, AS APPROVED BY THE CITY ATTORNEY. ,I 36. Ordinance for Towing Services - Ordinance No. 1065. (F:127.2) City Manager Watenpaugh explained this item, which was initiated by the Police Department. He noted that there are currently tl~ree towing service operators in the community and an initiating company from outside the City. He explained that the ordinance attempts to address some concerns with a level of control and establishment of a franchise fee. He suggested that with regard to new operators, they would be required to have a business license, have an office in the City, a storage yard in the Gity and respond PAGE TEN - CITY COUNCIL MINUTES - DECEMBER 12, 2000 within an hour for people to get their vehicles back. He advised that current businesses would be grandfathered in and operators would be allowed to charge 115% of the California Highway Patrol towing fees. He indicated that this allowance will not impact private contractors on individual tows, only those towed via requests from the Police Department or Code Enforcement. Gary Brown, 32095 Gruwell, Wildomar, indicated that after several meetings with the Police Chief, City Attorney's Office and the other towing companies; he felt that an equitable agreement had been reached. He indicated that he was present to support this agreement, but noted that there may be an additional need for adjustments in the future. Dan iJhlry, 150 E. Lakeshore Drive, thanked the Council and Police Chief for their indulgence in working through this process and indicated that they had reached a good agreement. Mayor Brinley noted that she received questions for Mert at LEAR towing with regard to going outside the City limits. City Attorney Leibold provided a summary of the criteria required to be eligible for a franchise; and noted that if new businesses meet the criteria they can also be awarded a new franchise agreement, She detailed the discussions and the consideration given to the criteria; and noted that some issues would need to be presented on a case by case basis. Mayor Brinley again noted the concerns expressed by LEAR towing; and stressed the concern that new businesses will move in and take away business from the existing businesses. She suggested drafting a letter to explain the process to existing businesses. City Attorney clarified the process and stressed that the Council would need to establish guidelines befare granting additional franchises. City Manager Watenpaugh noted that there were some strong requirements to comply with for the new towing ordinance, and he saw no problem with coming back to Council on a case by case basis. City Attorney Leibold stressed that the matter would be discussed publicly on a regular agenda; and noted that there were presently capable and eligible businesses in the City. Mayor Brinley again requested a letter to LEAR towing. City Manager Watenpaugh suggested sending a letter to all three of the existing companies. Councilman Metze questioned whether the businesses being grandfathered in were non-conforming uses. City Manager Watenpaugh clarified that they are already in the City and here with their tow lots. He noted that it is costly to fence the sites and meet the requirements, but there are some already operating within the guidelines. Councilman Metze inquired why the existing businesses were not being required to meet the standards. City Manager Watenpaugh clarified further. City Attorney Leibold stressed that PAGE ELEVEN - CITY COUNCIL MINUTES - DECEMBER 12, 2000 to qualify for the franchise agreement, each company must meet the criteria, but clarified the existing zoning ordinance. Gary Brown noted that there were a lot of requirements in the City and a lot of the ordinances require block walls rather than chain link fences. He noted that the new requirement will be for a six foot fence, but noted the need for a six foot barbed wire fence to protect the cars. Councilman Metze thanked Mr. Brown for the clarification; and commended the joint efforts by the Sheriff s Department and the towing companies. Councilman Schiffner requested clarification of the existing operators' level of compliance. City Attorney Leibold clarified that the existing tow operators are on a rotation list and will continue to perform tow services during the 120 day grace period. She explained that during that period the City will solicit for proposals and qualification for tow operators and the existing companies will need to demonstrate compliance and apply for the franchise fee. Councilman Schiffner questioned how many tows this addresses. Police Chief Walsh indicated that towing occurs every day for abandoned cars, wrecked cards, unlicensed cars and unregistered cars. Councilman Schiffner concurred that this was a busy operation. Councilwoman Kelley indicated that she was concerned as to whether the existing operatars were happy with the ordinance; and noted that her understanding was that the Chief had worked hard to resolve the concerns. Mayor Pro Tem Pape indicated that he sees the changes as more of a convenience to the residents if their car were towed. MOVED BY PAPE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1065 UPON FIRST READING BY TITLE ONLY: 1Vlayor Brinley again requested a letter to the current operators. ORDINANCE N0.1065 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 1214 TO TITLE 12 OF THE LAKE ELSINORE MUNICIPAL CODE, ESTABLISHING BASIC OPERATION OF TOWING SERVICE. ' UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PAGE TWELVE`= CITY COUNCIL MINUTES - DECEMBER 12, 2000 ABSTAIN: COUNCILMEMBERS: NONE City Attorney Leibold requested confirmation that the Council intent was to approve the franchise agreement as well. Council confirmed. Mayor Brinley suggested the inclusion of a copy of the Council Minutes with the letter to operators. 37. Neiehborhood Enhancement Team Pro ram. (F:127.2)(F32.4) City Manager Watenpaugh indicated that the Community Development Department had worked with the Police Department to address the complaints and inconsistencies of the current program, which seeks to clean up neighborhoods. Community Development Director Brady explained that this was a cooperative program intended to maa~imize the resources for code enforcement efforts. He noted that there are many areas in need of assistance and explained that staff has prioritized the types of code violations within neighborhood areas. He advised that one of the first items to be addressed will be abandoned vehicles; then discarded appliances or furniture; then trash, debris and overgrown vegetation; and finally addresses clearly marked to 'identify locations for emergency services. He advised that other code violations in the targeted areas will be addressed as well. He indicated that informational materials will be provided and identify the violations to be addressed. He explained the process, which includes a warning notice and allows them time to abate the problem. He advised that the City will provide dumpsters and work with CR & R to help clean up the properties. He further explained that once that is done, about two weeks after the clean up, the City will go back out and if the violations are not addressed citations will be issued. He indicated that the program will target one area at a time to be addressed on a four to six week basis. He stressed that they will be seeking voluntary compliance in cleaning up the neighborhoods; and attempts will be made to coardinate other public improvements like sidewalk repairs in an overall strategy. Mayor Brinley commended staff for putting this program together and bringing it forward. She indicated that she would also like to see it coordinated with the Crime Free Multi-Housing Program. Councilman Schiffner indicated that this was an excellent start for cleaning up areas of the City; and indicated he was sure people would complain about the citations, but based on the plan, the complaints should be minimal. Mayor Pro Tem Pape indicated that this appeared to be a good program to get the neighborhoods into compliance with the code, but stressed that if a tenant was given a warning, a copy should also go to the property owner. PAGE THIRTEEN - CITY COUNCIL MINUTES - DECEMBER 12, 2000 He suggested that when staff checks on compliance, if progress has been made, he would like staff to continue to work with them. He stressed that the City will put out the large roll-offs and pay for the dump fees to assist in making the effort successful. Councilwoman Kelley inquired if it would be possible, with the notices, to notify the residents about graffiti, as part of an educational process, to include information on where to call if they see someone doing graffiti. Community Development Director Brady noted the involvement of the Community Services, as well as others. Councilwoman Kelley inquired whether the areas were being prioritized. Community Development Director Brady indicated that they have divided the City into six areas; with the first being the Avenues area. He explained that the priorities were based on information from the Police Department and Code Enforcement, as to problem areas. Councilwoman Kelley requested confirmation that there would be notices to the owners of the buildings to be abated. Mr. Brady confirmed. Councilman Metze expressed his support for this effort and stressed that the first attempt was to assist. He noted that not too many people were aware of ' the services provided by CR & R for more extensive disposal needs. Mayor Brinley again commended staff on a job well done; and suggested that there was room for further capitalization of this program. She reiterated that she would like to see this program included at the ne~ct Crime Free Multi-Housing Program. She noted discussion of getting the information out in the CR & R billing and asking the Water District to include the information as well. She stressed that this program has been needed for a long time. Community Development Director Brady stressed that Code Enforcement efforts would continue in other areas as well. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAFF TO PROCEED WITH THE NEIGHBORHOOD ENHANCEMENT TEAM PROGRAM TO ENCOURAGE THE CITIZENS OF LAKE ELSINORE TO VOLUNTARILY COMPLY WITH ESTABLI5HED REGULATIONS, IMPROVE THE QUALITY OF LIFE AND INCREASE PROPERTY VALUES THROUGHOUT THE CITY. 38. Citv CouncilBoard/Authority Reorganizations. (F:44.1) Mayor Brinley suggested that this item be held until the RDA and PFA ' meetings are called to order for a joint session. PAGE FOURTEEN - CITY COUNCIL MINUTES - DECEMBER 12, 2000 ITEMS PULY.ED FROM THE CONSENT CALENDAR 6. Award of Contract for Construction of Tuscanv Hills at Summerhill Drive Landscapin~gation Project. (F:95.2) City Manager Watenpaugh indicated that this item had been pulled by Councilman Schiffner to allow for public discussion of the work to be done. He indicated that the Council would be awarding the contract for the landscaping and work should begin on January 8~" or 9~'. Jim McConnell, 34 Corte Rivera, requested serious consideration and approval of this item. He noted that the landscaping manager had requested drip irrigation and was told that it was preferred to keep the main system. He stressed the need to conserve wherever possible, but noted that they did not want to hold up the project. He indicated that if drip irrigation was not possible, that was fine, but requested that staff look at it to see if it might reduce the costs. City Manager Watenpaugh indicated that staff had no problem discussing that option and working with the project in the field; but stressed that the bids were already provided on a specific project. Mayor Pro Tem Pape indicated that he was glad to see this project finally moving forward. He suggested that staff work out the design with the contractor, if possible. Mayor Brinley concurred that staff should try to work out the irrigation with the contractor; and concurred that she was glad to see it finally being worked out. MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT FOR THE TUSCANY HILLS AT SUMMERHILL DRIVE PROJECT TO SUMMIT GOLF IN THE AMOUNT OF $617,864.96. 8. Lake Elsinore Vallev Chamber of Commerce Waiver of Fees. (F:108.4) Mayor Pro Tem Pape noted that this was a request by the Chamber of Commerce for waiver of rental fees far use of the Diamond Club at the Stadium. He commented that they were offering to pay any out of pocket expenses as needed, and recommended that the waiver of fees be granted. Councilman Metze concurred, noting the dollars spent for other organizations and events. He indicated that until a standard was developed the fees should be waived. MOVEID BX IVIETZE, SEC'ONDED BY PAPE AND CARRIED BY UNANIMOUS VO'I'E T~ APPI20VE THE REQUEST FOR WAIVER OF $737.50 IN FEES ASSOCIATEA WITI~ THE RENTAL OF THE DIAMOND CLUB ON JANiJAlt~' B0, 2001, BY THE LAKE ELSINORE VALLEY CHAM~ER OF COMMERCE. PAGE FIFTEEN - CITY COUNCIL MINUTES - DECEMBERI2, 2000 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:53 P.M. TAE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:16 P.M. 38. Citv Council/Board/Authoritv Reor~anizations. (F:44.1) City Attorney Leibold explained that the City Council/Redevelopment Agency and Public Finance Authority Meetings were all open concurrently far this item. Mayor Brinley opened nominations for Mayor. MOVED BY KELLEY, SECONDED BY BRINLEY TO NOMINATE COUNCILMAN SCHIFFNER FOR MAYOR. Hearing no additional nominations for Mayor, nominations were declared closed. COUNCILMAN SCHIFFNER WAS SELECTED AS MAYOR, BY THE FOLLOWING ROLL CALL VOTE: COUNCILMAN METZE VOTED FOR COUNCILMAN SCHIFFNER. MAYOR PRO TEM PAPE VOTED FOR COUNCILMAN SCHIFFNER. COUNCILWOMAN KELLEY VOTED FOR COUNCILMAN SCHIFFNER. COUNCILMAN SCHIFFNER VOTED FOR COUNCILMAN SCHIFFNER. MAYOR BRINLEY VOTED FOR COUNCILMAN SCHIFFNER. Nominations were opened for Mayor Pro Tem. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO NOMINATE COUNCILWOMAN BRINLEY FOR MAYOR PRO TEM. Hearing no additional nominations for Mayor Pro Tem, nominations were declared closed. COUNCILWOMAN BRINLEY WAS SELECTED AS MAYOR PRO TEM, BY THE FOLLOWING ROLL CALL VOTE: COUNCILMAN METZE VOTED FOR COUNCILWOMAN BRINLEY. PAGE SIXTEEN - CITY COUNCIL MINUTES - DECEMBER 12, 2000 MAYOR PRO TEM PAPE VOTED FOR COUNCILWOMAN BRINLEY. COUNCILWOMAN KELLEY VOTED FOR COUNCILWOMAN ' BRINLEY. MAYOR SCHIFFNER VOTED FOR COUNCILWOMAN BRINLEY. COUNCILWOMAN BRINLEY VOTED FOR COUNCILWOMAN BRINLEY. Nominations were opened for Redevelopment Agency Chair. MOVED BY BRINLEY, SECONDED BY SCHIFFNER TO NOMINATE BOARDMEMBER KELLEY FOR REDEVELOPMENT AGENCY CHAIRWOMAN. Hearing no additional nominations for Redevelopment Agency Chair, nominations were declared closed. BOARDMEMBER KELLEY WAS SELECTED AS THE ' REDEVELOPMENT AGENCY CHAIRWOMAN, BY THE FOLLOWING ROLL CALL VOTE: BOARDMEMBER BRINLEY VOTED FOR BOARDMEMBER KELLEY. BOARDIVYEMBER KELLEY VOTED FOR BOARDMEMBER ~ KELLEY. BOARDMEMBER METZE VOTED FOR BOARDMEMBER KELLEY. BOARDMEMBER PAPE VOTED FOR BOARDMEMBER KELLEY. I CHAIRMAN SCHIFFNER VOTED FOR BOARDMEMBER KELLEY. , Nominations were opened for Redevelopment Agency Vice Chair. I MOVED BY SCHIFFNER, SECONDED BY BRINLEY TO NOMINATE BOARDMEMBER PAPE FOR REDEVELOPMENT AGENCY VICE CHAIRMAN. ' ~Iearing no additional nominations far Vice Chairman, nominations were I declared closed. BOARI-1VIEldI~Elt PAPE VVAS SEI,ECTED AS REDEVELOPMENT ' PAGE SEVENTEEN - CITY COUNCIL MINUTES - DECEMBER 12, 2000 AGENCY VICE CHAIRMAN, BY THE FOLLOWING ROLL CALL VOTE: BOARDMEMBER BRINLEY VOTED FOR BOARDMEMBER PAPE. CHAIRWOMAN KELLEY VOTED FOR BOARDMEMBER PAPE. BOARDMEMBER METZE VOTED FOR BOARDMEMBER PAPE. BOARDMEMBER PAPE VOTED FOR BOARDMEMBER PAPE. BOARDMEMBER SCHIFFNER VOTED FOR BOARDMEMBER PAPE. Nominations were opened for Public Finance Authority Chair. MOVED BY BRINLEY, SECONDED BY SCHIFFNER TO NOMINATE AUTHORITY MEMBER KELLEY AS PUBLIC FINANCE AUTHORITY CHAIRWOMAN. Hearing no additional nominations for Public Finance Authority Chair, nominations were declared closed. AUTHORITY MEMBER KELLEY WAS SELECTED AS PUBLIC FINANCE AUTHORITY CHAIRWOMAN, BY THE FOLLOWING ROLL CALL VOTE: AUTHORITY MEMBER BRINLEY VOTED FOR AUTHORITY MEMBER KELLEY. AUTHORITY MEMBER KELLEY VOTED FOR AUTHORITY MEMBER KELLEY. AUTHORITY MEMBER METZE VOTED FOR AUTHORITY MEMBER KELLEY. AUTHORITY MEMBER PAPE VOTED FOR AUTHORITY MEMBER KELLEY. AUTHORITY MEMBER SCHIFFNER VOTED FOR AUTHORITY MEMBER KELLEY. Nominations were opened for Public Finance Authority Vice Chair. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO NOMINATE AUTHORITY MEMBER BRINLEY FOR PUBLIC FINANCE AUTHORITY VICE CHAIRWOMAN. Hearing no additional nominations for Public Finance Autharity Vice Chair, PAGE EIGHTEEN - CITY.COUNCIL MINUTES - DECEMBER 12, 2000 nominations were declared closed. Mayor Brinley restated the above appointments. City Attorney Leibold noted that these appointments would take effect at this ne~ regular meeting. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 9:22 P.M. THE REGULAR PUBLIC FINANCE AUTHORITY MEETING WAS ADJOUI2NEl) AT 9:22 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Bill Tucker, 740 Acacia, noted that the State stocked the Lake with 2,000 pounds of trout on December 15`, followed by the City stocking approximately 500 pounds of trophy size trout. He also noted the participation of 40 children in a fishing tournament the weekend of December 2na Chris Hyland, 15191 Wavecrest Drive, commented that she was in opposition to the proposed Alberhill Racetrack and had just formulated a new position. She noted the participation by the C.L.E.A.N. organization, which had been in ' existence for many years. She noted that until now C.A.A.R. had been the most vocal, but now Lake Elsinore citizens were more concerned. She questioned who would pay for the infrastructure bonds, who would bear the traffic burden and who would endure the fiscal impacts. She read the petition being circulated which ' i addresses property values, noise, air quality, traffic volume, and bond indebtedness. She indicated that they were collecting signatures and getting a good response; and suggested that it was evident that a lot of people don't want the racetrack. She addressed low housing prices and limited commercial development and suggested that Lake Elsinore does not need a racetrack. Woody Woodwar,d, 29108 Sunswept, noted the last time he spoke and stressed that he would only discuss facts. He provided information on the positive ; financial impacts a racetrack provides and indicated that he is in support of the entire Alberhill Entertainment Project, not just the racetrack. He stressed the revenue income in Monterey and the Fontana property value increases. He presented a magazine article providing the facts, and noted that there were hundreds of signatures in support of the project. He further stressed the variety of people who support the project. He presented the materials discussed to the City Clerk for distribution. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: ~) Noted that Council was provided a status list regarding the current structure abatement activities in the City. 2) Noted that Railroad Canyon Road renovations will begin soon, and the asphalt grindings will be used on streets in the Avenues, like Acacia, Pepper, Dawes, etc., to help clean up the area and improve property values. I 3) Congratulated the new Board officers. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Advised that there were no Closed Session items for this meeting. 2) Congratulated the new Board offices and thanked the community members who took the time to attend the City Council meeting; noting that it makes a difference to the elected officials that they attend and contribute to the community. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Mayor-Elect Schiffner thanked the Council for the honor of serving in this capacity and promised to serve with diligence, integrity, dignity and brevity. Councilman Metze had no comments. Councilwoman Kelley congratulated Mayor-Elect Schiffner and expressed appreciation for his promise of brevity. Mayor Pro Tem Pape commented on the following: 1) Noted that the average home in Lake Elsinore had increased by 40% in value, and indicated that was good news for homeowners. 2) Requested that Mayor Elect Schiffner pursue miscalculated property taxes the City has not received over a period of 14 years, in the amount of $400,000. He stressed the need to bring this matter forward for discussion. 3) Requested that Mayor Elect Schiffner pursue the Tilley Agreement with regard to maintaining the Lake elevation; and stressed the importance of starting that dialog. 4) Suggested that Mayar Elect Schiffner address the problems with a Planning Commission; noting that there was a discussion at the table, but the underlying issues had not been resolved. He further suggested that the Planning Commission Chairman was feeling stabbed in the PAGE TWENTY - CITY COUNCIL MINUTES - DECEMBER 12, 2000 back. He indicated that he was saddened by what he had heard and others had requested resignation by that member. He suggested that the Planning Commission needed help from the Council, as the issue was not one that would go away. He expressed concern that it would have an underlying impact on the Planning Commission. Mayor Brinley commented on the following: 1) Indicated that that the Planning Commission and Chairman did an excellent job of handing the situation discussed by Mayor Pro Tem Pape. She commented that the grievance was aired and Chairman Wilsey showed leadership in the situation. She suggested leaving that issue at the discretion of the Planning Commission, unless they make a formal request of the Council. 2) Announced the upcoming EDC Luncheon on December 14`" at 11:30 a.m., and encouraged participation, noting that Assemblyman Hollingsworth will be the luncheon speaker. 3) Announced the Women's Club Christmas Program on Thursday, ' December 14th at 11 a.m. 4) Announced the bus painting scheduled for December 16`~' at the Town ~, Center; noting that there would be goodie bags for the participants. 5) Announced Breakfast with Santa on December 16t'' at the Senior Center at 830 a.m. The cost will be $4 per person for breakfast, ornament and photo with Santa. 6) Thanked the Council and Community far their support of her as Mayor; indicating that it had been a pleasure and an honor to serve. 7) Wished everyone a Merry and Safe Christmas and New Year. CLOSED SESSION None. ADJOURNMENT MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:41 P.M. ~1 AT EST: ~ AMELA BR L , A CITY OF LA ELSINO VICHI KASAD, C C, CITY CLERK CITY OF LAKE ELSINORE