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HomeMy WebLinkAbout04-27-1999 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 27,1999 x:~:~*~e~~~xx:~:~*:~x~:~~*:~*~~: ~~:~~r~*~*~~: ~r:~*x*~r~~x*~r:~*~r~*~r:~~~rx~*~r~r*~~*~r~~~ CALL TO ORDER The Regular City Council Meeting was called to order by Student Government Day Mayor Weston at 7:01 pm. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Student Government Day Mayor Weston. INVOCATION The Invocation was provided by Pastor Ron Butler, representing Canyon Lake Community Church STUDENT GOVERNMENT DAY PARTICIPANTS ROLL CALL ~ Ricky Weston, Student Mayor ~~ Jenny McKnight, Student Mayor Joey Arreola, Student Mayor Pro Tem Tabitha Reyes, Student Councilmember Sasha Rudie, Student Councilmember Kendall Kelley, Student City Manager Ashley Darby, Student City Attorney Allison Duran, Student City Manager Jason Steeman, Student City Clerk PRESENTATIONS Student Mayor Weston moved item a. to follow item f. on the Presentations list and called upon Mayor Kelley to assist with presentations. b. Presentation - CALED Award of Merit & Lake Elsinore Connections Economic Development Committee Proclamation. (F:70.1)(X:56.1) Mayor Kelley announced an award received by the City of Lake Elsinore for it's Economic Gardening Program. She read an overview of the program and noted that the purpose of the program is to assist local businesses to grow and prosper. She explained that the City of Lake Elsinore was presented with this award through the efforts of the Lake Elsinore Connections Economic Development Committee which is a part of the Lake Elsinore Valley Chamber of Commerce. Mayor Kelley read and presented the Proclamation to Mr. Lany Regis of the Lake Elsinore Connections Economic Development Committee. PAGE TWO - CITY COUNCIL MINUTES - APRIL 27,1999 Larry Regis, Chairman of the Lake Elsinore Connections Lcauomic Development Committee tl~anked the Mayor and City Council for the Proclamation and recognized all the members of the ~ommittee who made a11 of it possible. a Presentation - Business of the uarter_ (F:56.1~X:70.1) Mayor Kelley presented a plaque 1to Mr_ gNlike Hurslt, General A~anager of Lake Chevrolet for recogniltion as Business of the Qoarter, ~'mter,1999. She e~lained that Lake Chevrolet has been very active in the communi~ and has helped to support several community activitie,s. ~he nated ~a1t Lake Chevrolet was the first New Car Dealership in lthe ~i1ty of I.ake Elsinore for over a decade; the Dealership opened in February 1998 ~d winter quarter 1999, celebrates their first anniversary; the Dealership employs over 70 people; been instrumenltal in atltracting new bu~ines,~ 1to the City; and has recently opened up a Hurst Renltal Gar in itheir facililt~_ She stated that Lake Chevrolet is one lthe Ci1ty's laz~est employers and one it's largest sales tax generators. d. Proclamation - Veteran A~reciation Month. (F:122.1) Councilman Schiffner, a veteran, read the Veterans Appreciation Month Proclamation. No representative was present to receive the Proclamation. e. Proclamation - Motorcvcle Awareness Month. (F:122.1) Student Mayor McKnight read and presented the Proclamation for Motorcycle Awareness Month to Leon Dailey and Ray Fleishman, representatives from ABATE of California. Mr. Dailey thanked the city for the recognition and stated that ABATE sponsors a Regional Rally each year in the City of Lake Elsinore. He presented a certificate of appreciation to the City of Lake Elsinore. Mr. Fleishman presented a safety pamphlet and stated that it will be made a~ailable to the audience. He announced a parade on Saturday to celebrate the event. f. Proclamation - Mental Health Month (F:122.1) Student Mayor Weston read the proclamation for Mental Health Month. No representative was present to receive the Proclamation. a. Presentation - Report on Student Government Day. (F:142.3) Student Mayor Weston gave an overview of Student Government Day and noted that the students held a mock City Council Meeting. He called on each of the students to introduce themselves and present a brief overview of the position they filled. Kendall Kelley, Sophomore Class President from Temescal Canyon High School and Co Commissioner of ESC, stated that she shadowed City PAGE THREE - CITY COUNCIL MINUTES - APRIL 27,1999 Manager Watenpaugh and learned a great deal about the City's government structure. She commended City Manager Watenpaugh for his knowledge and ability. She thanked Peggy Storaasli and Susan Reid for all of their hard work. She complimented the staff for the new format for Students in Government Day. Allison Duran, ASB President from Elsinore High School, shadowed City Manager Watenpaugh. She explalined that this is her first year to be involved in Students in Government Day and the fact that she is a senior this year and will not have to opportunity to be involved in this program next year. She praised City Manager Watenpaugh for his knowledge and ability. Sasha Rudie, ASB Commissioner of Activities and Co Commissioner of ESC, and a senior at Temescal Canyon High School, shadowed Councilman Schiffner. She stated that Students in Government day was very motivational and highlighted the fact that each individual can have a say. She praised the City Attorney and thanked her for her help. Joe Arreola, ASB Vice President and a sophomore at Temescal Canyon High School, shadowed Mayor Pro Tem Dan Metze. He noted that after the mock City Council Meeting he had the opportunity to go to City Hall and noted the amount of work that City Council must do. He stated that it was a good experience to learn how the City is governed. He thanked City staff and the Council for working with all the students. Tabitha Reys stated that she is a student from Elsinore High School and she was suppose to shadow Councilman Pape, however he is on vacation so she shadowed the City Council as a whole. She noted the amount of new projects going on in Lake Elsinore. She further stated that this is her third year and each year she learns something new. She commented that she plans to be a Councilmember for the City of Lake Elsinore some day. Ashley Darby, Commissioner of Assemblies at Elsinore High School, shadowed City Attorney. Noted that the City Attorney was her back up and that it was not an easy job. She stated that she looks forward to participating in Students in Government Day next year. She commented that the public has a lot to say about what can be done with their City and she commended the right to express to their local government. Jenny McKnight, ASB Secretary of Lake Elsinore High School, shadowed Mayor Kelley and noted that this is her third year. She noted the restrictions of the Brown Act and the fact that if more than two met it was a big mess. She mentioned the boat ride on the Lake which presented another side of Lake Elsinore. Commended City Council and staff. Ricky Weston, ASB President at Temescal Canyon High School, shadowed Mayor Kelley. He noted that this is his third Students in Government Day and stated his surprise that there is still more to learn each year. He stated PAGE FOUR - CITY COUNCIL MINUTES - APRIL 27,1999 that he has a new respect for City Council and staff due to the difficulties they face in trying to perform their jobs. Stated that Students in Government Day was a great experience and he was glad that he was a part of it. STUDENT BUSINESS ITEM 1. Citv Wide Curfew (F:127.1) Mayor Weston called for comments from the Student City Council. Student City Manager Kelley introduced the item and stated that it is proposed that the City Wide Curfew would run from 7:00 a.m. to 3:00 p.m. She stated that she has become aware of the problem of truancy. She further stated that she felt that a City Wide Curfew is a great idea, however it would be hard to put into action since the different schools in Lake Elsinore are on different schedules due to year-round school. She explained that if a student is not in school during the stated hours, then they can be pulled over by the police and returned to the school. Student City Manager Kelley stated that she felt that it was important to stay in school since what you learn in High School will help to determine what you will be in later in life. She noted that if the students do not stay in school, then what are they going to do later in life. Student City Manager Duran noted the problem that the security guards at the schools have identifying the students that should be coming and going from the school campuses. She stated that she felt that a City Wide Curfew was a good idea and stated that she felt that education was a priority and this would assist in keeping the kids in school. She stated that she felt that the only problem would be with enforcement. Student Councilwoman Rudie stated that Temescal Canyon High School has a huge truancy problem and noted that the students leave campus and go to fast food places and the Outlet Center. She noted that the Outlet Center is working with the High School to address truancy and they ask for student I.D. She further noted that if the student is under 18 they are sent right back to school. She explained that truancy endangers the students education and promotes bad habits with the younger students. Student Mayor Pro Tem Aarreola stated that in the beginning he was opposed to the Curfew, however after review of the information provided he was more than in favor of the curfew. He noted the truancy rates and stated that the curfew will encourage students to attend school and stay in school. He stated that it would assist in lowering crime in the City, which occurs during school hours. He explained that the police are working with the School District. He stated that he felt that this was a good law and should be approved. PAGE FIVE - CITY COUNCIL MINUTES - APRIL 27,1999 Student Councilwoman Reyes stated her concern regarding the police officers having a problem with looking up the students' history. She stated that some students might have an early release and if they do not have their I.D. card on them they could get in trouble. She stated that she felt that this would not be fair. She commented that the schools should push early dismissal stickers and I.D. cards to make the police officers job easier. She noted that this would make the students more responsible since the student could get in trouble and their parents could be fined. Student City Attorney Darby stated that she felt that the curfew was a good idea and if the restaurants and Outlet are checking I.D. cards they are really looking out for the student. She stated that she supports the ordinance. She clarified that the ordinance as proposed would provide a 7;00 a.m. to 3:00 p.m. daytime curfew. She noted that there was a typographical error in the ordinance that stated 4:00 p.m., however the intent was 3:00 p.m. Student Mayor McKnight stated that she supported the ordinance for curfew. Student Mayor Weston stated that education should be the most important aspect of a child's life growing up and by students ditching school they are not building for their future. He stated that he really liked the point that the parents of the minors that are caught being truant would have to pay the cost for the police officers. He commented that he felt this would make a lot of parents get on their children the first time that they are caught. He noted that parents could show that it is a lot of money and they do not want to pay the fine for the children to be ditching school. He stated his support for the City Wide Curfew. MOVED BY STUDENT MAYOR PRO TEM ARREOLA, SECONDED BY STUDENT COUNCILWOMAN RUDIE AND CARRIED BY A VOTE OF 4 TO 1 WITH STUDENT COUNCILWOMAN REYES CASTING THE DISSENTING VOTE TO APPROVE THE CITYWIDE CURFEW , ORDINANCE AND PRESENT THEIR COMMENTS AND APPROVAL TO THE CTTY COUNCIL. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:42 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:52 I P.M. CITY COUNCIL ROLL CALL PRESENT: COUNCILMEMBERS: METZE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BRINLEY, PAPE PAGE SIX - CITY COUNCIL MINUTES - APRIL 27,1999 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, and City Clerk Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos.: 4, 8, 31 and 34. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Items Pulled: 4 and 8. MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY UNA1vIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - April 13, 1999. (F:44.4) 2. Ratified Warrant List of April 15, 1999. (F:123) 3. Received and ordered filed the Investment Report for March, 1999. (F:12.5) Accepted Notice of Completion for the Installation of Heating/Air Conditioning System at the Lake Community Center, completed by W.C.M. & Associates; and authorized the City Clerk to proceed with recordation of the Notice. (F:643) 6. Adopted Resolution No. 99-19 approving a Stop Sign Controlled Intersection at High Street and Acacia Street. (F:162.2) RESOLUTION NO. 99-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS (ffiGH STREET/ACACIA STREET). 7. Adopted Resolution No. 99-20 approving a Request for No Parking on Limited Avenue at Langstaff Street Crosswalk. (F:162.2) RESOLUTION NO. 99-20 PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 27,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS (LIMITED STREET). PUBLIC HEARINGS None. BUSINESS ITEMS 31. Ordinance No. 1046 - Truancv Ordinance. (F:127.1) City Manager Watenpaugh noted that this item was discussed by the students and explained that the intent was to make the City regulations consistent with the surrounding areas. He noted that the hours should be 7 a.m. to 3 p.m., rather than 7 a.m. to 4 p.m., in Section 1. B. of the proposed Ordinance. Linda Nanetti, 16293 Cimarron Road, noted that her street is an all family cul-de-sac; and noted past experiences with outside children climbing the neighborhood fence to facilitate break-ins and thefts. She suggested that the children involved should have been in school, and the proposed truancy ordinance would be very good; however neighborhood watch and awareness helps a lot too. She noted that too many times the kids are familiar with the homes and when people are not at home. Mayor Pro Tem Metze concurred with Mrs. Nanetti and noted that neighbors policing their own area is helpful. He noted that this item was presented by the Police Department, in cooperation with the School District. He further expressed concurrence with the comments by the students. Councilman Schiffner indicated that this item was needed by the Community; and would give law enforcement an additional tool to do their job. He suggested that it would encourage young people to stay in school, rather than doing other things. He expressed support for the ordinance. Mayor Kelley noted that lengthy discussion of this matter during Student Government Day, and reiterated that the Police Department was brining this matter to Council to be consistent with the surrounding area. MOVED BY SCHIFFNER, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1046 UPON FIRST READING BY TITLE ONLY: ORDINANCE N0.1046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9.76 OF THE LAKE ELSINORE MUNICIPAL CODE TO INCLUDE PROVISIONS REGARDING TRUANCY BY MINORS. PAGE EIGHT - CITY COiTNCIL MINUTES - APRIL 27,1999 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: METZE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY, PAPE ABSTAIN: COUNCILMEMBERS: NONE 32. Buildin~ Industry Association Kiosk Program. (F:148.1)(X:32.1) City Manager Watenpaugh noted that the Building Industry Association had come to the City requesting some modifications and changes to the existing Kiosk Program. Assistant City Manager Best noted the new design and advised that there was some further tightened language in the new contract. She indicated that the locations of the Kiosks would not be changed. She detailed the benefits of this new consideration, including a 48 hour response to vandalism or damage to the signs. She explained that the new design for the signs repre5ents the "vintage" heritage of the community; and is funded by the residential developers with no public dollars. She noted that the new signs will include six panels for public facilities. She further noted that, as part of the agreement, the BIA will also monitor the "bootleg" signs which appear in the community on the weekend. Councilman Schiffner indicated that the proposed change looks great; but questioned Section 2, Item 7, of the proposed contract with regard to non- payment and questioned why the City should be involved. He also questioned Item 15 regarding the removal of "bootleg" signs, and expressed the assumption that they will police all of the signs in the community; and noted that sounds great. Mayor Pro Tem Metze expressed concurrence with Councilman Schiffner and indicated that the signs are a step up from what is now in place. He expressed support for the tighter language and BIA policing of the signs. He indicated that there was not down-side to this item. Mayor Kelley concurred that she likes the appearance of the new signs and the tighter language in the contract. Assistant City Manager Best responded to the questions of Councilman Schiffner indicated that the verbiage in Item 7 was included to assist the BIA and area builders in their advertising efforts and ensure that they can get the traffic off the freeway; and it is to the City's benefit to have the signage in place. She further clarified that the BIA will be responsible for pursuing payments. Councilman Schiffner indicated that adequately PAGE NINE - CITY COUNCIL MINUTES - APRIL 27,1999 clarified the issue. MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE NEW CONTRACT WITH THE BUILDING INDUSTRY ASSOCIATION TO ADMINISTER AND OPERATE THE DIRECTIONAL SIGN PROGRAM WITHIN THE CITY OF LAKE ELSINORE; AND APPROVE THE NEW KIOSK DESIGN AS PROPOSED, ALLOWING FOR IMPLEMENTAITON TO OCCUR AS SOON AS NEW SIGNS CAN BE PRODUCED. 33. Second Readina - Ordinance No. 1045 - re a~ rding Zone Chan~e 98-6 for Wienerschnitzel & Jif Lube. (F:172.2) MOVED BY METZE, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE N0.1045 UPON SECOND READING BY TITLE ONLY: ORDINANCE N0.1045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REZONING 2.94 ACRES (1.03 NET ACRES), LOCATED NORTH OF RAILROAD CANYON ROAD ON SUMMERHILL DRIVE, APN 363-100-081, FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO C-1 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 98-6 WEINERSCHNITZEL & JIFFY LUBE). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: METZE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY, PAPE ABSTAIN: COUNCILMEMBERS: NONE 34. Parasailing & Sailin P~rOposal. (F:92.1) City Manager Watenpaugh noted the proposal for parasailing and sailing. Community Services Director Sapp noted that the request is for a five year agreement for a parasailing operation and a venture to provide rides on one of the three original Stars and Stripes, America's Cup Vessels. He explained that the operation would run out of Crane's marina. He noted that the individuals are currently seeking incorporation and the final contract would be modified to reflect that change. He noted that the applicants will supply $2 million in liability insurance coverage. City Attorney Leibold reiterated that the individuals are presently in the process PAGE TEN - CITY COUNCIL MINUTES - APRIL 27,1999 of incorparating. W.A. Ainsworth and Richard Smith, applicants, indicated that they are excited about this effort. Mr. Ainsworth indicated that he has owned Stars and Stripes for two and a half years, and noted the attributes afforded by Lake Elsinore. He stressed the effort to combine that operation with the parasailing operation. Mr. Smith stressed the two separate operations, noting that Stars and Stripes can hold up to 15 people, is a clean running boat and will draw a lot of attention to the Lake. He explained that parasailing is a colorful and exciting event as well, and detailed the safety of the sport; and indicated that boat could carry six to eight people and two operators. He stressed the compatibility of these efforts with the other operations on the Lake. He indicated that the operators will have practiced and been certified in first aid and will be available to support others using the Lake. He noted their investigation of other areas and indicated that they feel that the traffic will be good in Lake Elsinore and be profitable for them and the City. Councilman Schiffner indicated that this sounds like a great operation; and expressed his assumption that the contracts would be worked out so as not to conflict with the other operations on the Lake. Mayor Pro Tem Metze indicated that this item had no down side; and noted that the applicants have the credentials for the operation. He commented that the operations are a great fit for the community and Stars and Stripes will be a great attraction and another reason to come to the community. Mayor Kelley questioned the proposed advertising. Mr. Ainsworth indicated that they will do radio advertising and color brochures for distribution to area merchants, as well as some well placed signs. Mayor Kelley inquired if the insurance was appropriate. City Attorney Leibold indicated that insurance was addressed in the contract. Mr. Smith added that the Stars and Stripes will tend to advertise itself. MOVED BY SCHIFFNER, SECONDED BY METZE AND CARRIED BY UNAIVIMOUS VOTE OF THOSE PRESENT TO APPROVE THE STAFF RECOMMENDATIONS INCLUDING: 1) ACCEPTANCE OF A FLAT 10% OF ALL GROSS REVENUES AS APPROVED IN THE LAKE ELSINORE MASTER PLAN/ECONOMIC FEASIBILITY STUDY; 2) AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT; 3) CITY MANAGER AUTHORIZATION FOR THE APPLICANT TO CONDUCT PARASAILING OPERATIONS ON THE LAKE PURSUANT TO MUNICIPAL CODE SECTION 9.96.210, SUBJECT TO CITY COUNCIL APPROVAL OF THE AGREEMENT; AND 4) APPROVAL OF A FIVE-YEAR, NON-EXCLUSIVE AGREEMENT. 35. Ordinance No. 1047 - Authorizine the Citv to Amend Final Maps and Parcel Maps for Changed Circumstances as allowed under the Subdivision Map Act. (F:160.1)(X:110.1) PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 27,1999 City Manager Watenpaugh noted that this is a housekeeping item to address issues which have arisen about previously approved maps. . City Attorney Leibold clarified that under the subdivision map act a City cannot amend a final map unless it adopts its own enabling ordinance to allow for changed circumstances. She indicated that there is no specific map or project being discussed tonight. MOVED BY METZE, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1047 UPON FII2ST READING BY TITLE ONLY: ORDINANCE N0.1047 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFONRIA, ADDING SECTION 16.68A15 TO CHAPTER 16 OF THE LAKE ELSINORE MUNICIPAL CODE, ALLOWING FOR THE AMENDING OF FINAL MAPS PURSUANT TOT HE SUBDIVISION MAP ACT, GOVERNMENT CODE SECTION 66472.1. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: METZE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY, PAPE ABSTAIN: COUNCILMEMBERS: NONE ITEMS PULLED FROM THE CONSENT CALENDAR 4. Claim Aeainst the Citv - Tuscany Hills Landscape & Recreation Association (CL #99-71. (F:52.2) Mr. Jim McConnell, President of the Tuscany Hills Landscape & Recreation Association, encouraged the Council to not reject this item. He noted the past attendance of City Manager Watenpaugh and Councilman Pape at a meeting when they promised the bond would be pulled on Sunridge. He indicated that the bond was not pulled as promised, and Sunridge is in breech of contract. He further indicated that the developer is planting sub- standard plants, no fertilizer and very little or substandard irrigation. He indicated that the City could avoid this litigation by pursuing the developer, noting that litigation could get very expensive for the City. He stressed that the bond should have been called in November, and suggested that if the claim is rejected it is a slap in the face to the residents. He indicated that the sprinklers will probably ha~e to be reinstalled and detailed other concerns for the work being done. He encouraged the Council to not reject this claim, and to call to bond. PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 27,1999 City Manager Watenpaugh indicated that Mr. McConnell was correct about the meeting and the City has sent letters and been in communication with the bonding company. He stressed that work is in the process and if the improvements are substandard the developer will be required to replace the work. He reiterated that staff is in contact with Mr. Finley and the bonding company and staff will work to force quality work by the developer. City Attorney Leibold indicated that demands have been placed with the surety; and the Community Development Director and City Engineer have been working with the developer. She stressed that the demand to the Surety company does not receive immediate action and stressed that the process takes quite a bit of time. She noted the City's legal obligation to install the improvements and the need to worlc with the developer. Community Development Directar Brady indicated that staff is working with the developer and they are pursuing completion. He indicated that staff would like to see the project completed as soon as possible and are warking to ensure sprinklers, groundcover, and other improvements are appropriate. Mayor Pro Tem Metze questioned the value of bonding if it has limited ability to be enforced. City Attorney Leibold indicated that it is like an insurance policy with the developer to insure performance. She clarified that it is not always an immediate process when a performance bond is called; and stressed that efforts are generally made to pursue completion of the work. Mayor Pro Tem Metze inquired what other options exist. City Attorney Leibold noted that surety companies vary in the ease or difficulty of calling a bond; indicated that while she has not had direct contact with the developer, there is a bond in place. City Manager Watenpaugh noted that another option is to spend City money to fight with the bonding company. Mayor Kelley noted the regular process for rejection of claims, reiterated that staff is already pursuing the developer and questioned what else the residents would be seeking. Mr. McConnell indicated that their attorney has contacted the surety company, who indicated that they have not yet received a formal demand against the surety; and suggested that the developer is playing games with the City. City Manager Watenpaugh questioned the status of the formal demand. Community Development Director Brady indicated that they have notified the surety company, but there has been no formal demand letter. City Manager Watenpaugh directed staff to proceed with the formal demand. Mayor Kelley concurred that the formal request should be send immediately. Councilman Schiffner stressed that there could still be quite a bit of time involved. City Manager Watenpaugh clarified that he was under the impression that a formal request had already been sent. City Manager Watenpaugh clarified that the Council could still proceed with rejection of the claim. City Attorney Leibold indicated that she would confirm the PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 27,1999 status of the demand and coordinate the effort. She concurred that she also believed the formal demand had been sent. Mayor Kelley suggested that the Council follow the City's insurance company request and reject the claim; and direct the City Attorney to send a letter as soon as possible. She also stressed the importance of having the inspectors look at the quality of the product being installed. Councilman Schiffner noted that this is really an unusual situation. MOVED BY SCHIFFNER, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REJECT AND REFER THE CLAIM OF TUSCANY HILLS LANDSCAPE & RECREATION ASSOCIATION (CL #99-7) TO THE CLAIMS ADMI1vISTRATOR FOR HANDLING AND DIRECT THE CITY ATTORNEY TO SEND A FORMAL DEMAND LETTER TO THE APPROPRIATE SURETY COMPANY. Establishment of A~plication Fee for Permit to Remove or Relocate Si~nificant Palm Trees - Resolution No. 99-21. (F:166.2) David Poulter, 16919 Bell Avenue, noted that there had been questions whether the requirements were being softened, but indicated that he had found that was not the case. He stressed the level of concern of the residents in the Country Club Heights area, and noted the palm frond mess left over from the removals. He noted the efforts to clean up the mess and indicated that it looks much better now. He noted the level of disappointment that the application fee is not a little bit higher to discourage potential buyers of the trees. He expressed hopes that the other portions of the process would be enough disincentive. Mayor Kelley noted that she received a call on Sunday and drove up to see the work completed on Gunnerson. She explained that the City delivered a dumpster and the residents filled it. She further explained to Mr. Poulter that the fees are based on cost recovery and the necessary staff time; and noted that the Council was also disappointed by the low fee. City Attorney Leibold further clarified the cost recovery issue. She noted that in the event through implementation the process it taking less time the fee would be reduced, and if it takes more time the fee would need to be increased. She stressed the relationship between the fee and the cost of providing the service. Mayor Pro Tem Metze inquired whether the fee could be automatically adjusted as needed. City Attorney Leibold indicated that a resolution would be required to change the fee. Mayor Pro Tem Metze indicated that he was hoping for a higher fee, but the ardinance in place requires other compliance on issues such as signs. He requested copies of the staff report and minutes of the study session on this item, noting that he believed there were some exemptions. He stressed his interest in verifying the appropriate exemptions. PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 27, 1999 Mayor Kelley noted discussion with regard to removal of trees by home owners. Councilman Schiffner concurred that it was his feeling that it was included. Mayor Pro Tem Metze reiterated his belief and suggested iY could be brought back for further clarification. Mayor Kelley noted that the Special meeting was very long with a lot of discussion. Councilman Schiffner indicated that he thought the exemptions were included because he did not like them. He noted that the other requirements such as the survey could be very expensive; and the conditions on trucks and cranes could be quite an effort; and stay with the intent to make removal difficult. MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 99-21 APPROVING THE PROPOSED APPLICATION FEE. RESOLUTION NO. 99-21 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A FEE FOR A PERMIT APPLICATION TO REMOVE OR RELOCATE A SIGNIFICANT PALM TREE PURSUANT TO CHAPTER 5.78 OF THE LAKE ELSINORE MUNICIPAL CODE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:40 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:45 P.M. PUBLYC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, indicated that she was sure that everyone had read an article in the newspaper; and noted that her name keeps.coming up like she is the only one complaining. She clarified that she is not against the boat or people malcing money and she is not against refurbishing the boat; however, she is totally against the private enterprise on City property. She stressed that the boat carries toxic lead paint and all other agencies she has contacted are concerned that this is the case. She further stressed that she is against students working on the project. She indicated that she is not the only one who has contacted other agencies and she does not appreciate people saying she has contacted them. She commented that a toxic boat has been placed on City property, after removing a man who had been there for 35 years. She inquired whether the people are being charged rent and stressed that this answer should be provided. Barbara Cady, representing EVAN, reminded everyone that there would be a showcase of Elsinore High School Students on Sunday at 3 p.m. in the Cultural Center. She also noted that the Poetry Contest deadline is the Apri130th. She also invited the public to attend the next Elsinore Valley Arts Network meeting on May 6`~' at 7 p.m PAGE FIFTEEN - CITY COUNCIL MINUTES - APRIL 27,1999 Mary Nye, 28 year Lake Elsinore resident, commented on the Elsinore Princess. She indicated that she has talked to people on Main Street about the boat and most are joyful about the project. She indicated that she has collected 984 names in support of the project with over 800 of them collected in six days time. She stressed that everyone wants the boat to succeed and are ecstatic about it. She indicated that one business owner indicated that his business has improved 100% since the boat arrived. She noted that a few people mentioned the lead in the paint, but most of the homes in the area are old and also have lead paint. She questioned why anyone would not want to see something wonderful like this effort. She presented the signatures for City review. Linda Nanetti, 16293 Cimarron Road, noted a very serious problem in her neighborhood. She indicated that drivers are having to slam on their brakes to avoid skateboarders. She indicated that she traveled from four corners and counted over 27 skid marks where cars were forced to brake. She detailed the area of concern including Lash Street, Dryden and Lakeshore. Roger Norby, on behalf of National Jet Boat Association, indicated that he was present to thank the Council, the City and Lake Elsinore residents for allowing their event the past weekend. He indicated that the attendance at the event was in excess of 2,000 people with about 128 boats on the levee. He advised that the event was without incident, they had no accidents and they cleaned up after the event. He noted that the event was a good source of revenue, which sold out hotels from Corona to Temecula. He further noted that their vendors went to area stores to rebuild their supplies and there were no more available in the City of Lake Elsinore. He advised that restaurants saw improved business as well. He stressed their ability to bring events to the City and build the business for the community. He noted that this event was done without advertisement, and they plan to return in September far another event. CITY MANAGER COMMENTS No comments. CITY ATTORNEY COMMENTS City Attorney Leibold announced the closed session as indicated on the Agenda. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: 1) Noted the students who participated with the Council, and indicated that it was quite a pleasure spending the day with them. He indicated that they were a very smart bunch of kids and it was delightful to see their attitutes and how they questioned and discussed the issues. He PAGE SIXTEEN - CITY COUNCIL MINUTES - APRIL 27,1999 commented that it was a very worthwhile experience and he was very happy to be part of the program. 2) Indicated that he was glad to have the positive comments about the Elsinore Princess and indicated that he shares that enthusiasm. He expressed hopes that the problems could be solved and the project could move forward. Mayor Pro Tem Metze commented on the following: 1) Thanked Mrs. Nye for her positive comments on the Elsinore Princess. 2) Indicated that the Jet Boat Association is welcome any time; and noted that it was great to see them back. He noted that the event went well, with nothing negative. 3) Complimented the students and indicated that it was refreshing to work with them, as they are a bright group of kids. He also noted the items donated and provided by local businesses for this event and commented that it is tremendous to see the community support. Mayor Kelley commented on the following: 1) Thanked the Country Club Heights residents for their clean up efforts. 2) Noted the success of the Jet Boat Races, and indicated that the boats went up to 186 mph, there were 125 boats and 3,000 participants with . no injuries. She looked farward to more events and stressed the number of positive comments she received. 3) Noted that it was a pleasure to attend and collect the CALED award with Assistant City Manager Best; and be one of very few cities recognized. She noted that Clint Eastwood was another recipient of an award at the CALED event. 4) Thanked the students for their participation and indicated that was wonderful to see them so committed to the community and their schools. She noted that they are very active and participated in lively discussions, brining forward a lot of very good ideas. She thanked Jenny McKnight and Ricky Weston for their participation as her counterparts. She also noted that Mr. Weston is serving on the State School Board as a voting member. 5) Noted that the Economic Gardening approach used by the City began in Littleton, Colorado; and offered thoughts and prayers to their community. 6) Noted that Sunday is Street Fair and the Cinco de Mayo kickoff. PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 27,1999 7) Announced that May 6`~' is the National Day of Prayer. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Lake Elsinore Recreation Area vs. City of Lake Elsinore, et. al. - Case No. 302435. THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 9:04 P.M., FOR DISCUSSION OF THE ABOVE LISTED ITEM. THE CITY COUNCIL MEETING RECONVENED AT 9:31 P.M. , WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:32 P.M. U~~ ENIE KELLE , MAv~~S'~1~ CITY OF LA ELSINORE ATTEST: I S D, ITY CLERK CITY OF LAKE ELSINORE