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HomeMy WebLinkAbout01/13/2004 CC Item 1b4 ~- MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 25, 2003 ,•- CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pro Tem Schiffner at 7:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Fire Chief Gallegos, Police Chief Walsh, City Treasurer Judziewicz and City Clerk/Human Resources Director Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Schiffner. INVOCATION -MOMENT OF SILENCE Mayor Pro Tem Schiffner led the meeting in a Moment of Silent Reflection. PRESENTATIONS/CEREMONIALS a. Presentation - Al Sabsevitz - Verizon. AGENDA ITEM NO. ~ '~ ' PAGE ~_ OF a ~ Page Two -City Council Minutes -November Z5, 2003 Mayor Pro Tem Schiffner introduced Mr. Sabsevitz and detailed his activities for the betterment of the community, including financial support for the Chamber of Commerce and the Southwest EDC. He thanked him for his service, wished him well in his retirement and presented Mr. Sabsevitz with a Certificate of Appreciation. Mr. Sabsevitz thanked the Council, citizens and City staff for making his job fun. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Ruth Atkins, 15237 Lake Trail, representing the Historical Society announced the upcoming Heritage Holiday Home Tour on December 13''', including four homes and two historic buildings. She indicated that tickets could be obtained by calling 678-1537. Pete Dawson, 18010 Grand Avenue, congratulated the City Council winners on the election results. He indicated that he felt fortunate that all three of the people `'~ elected were his friends and he looked forward to working with them. He thanked the other candidates for their efforts. He thanked Mayor Brinley for her years of service and noted that he and Mayor Brinley had always respected each others opinions. He commented to the Council that it was time to throw out the politics and work together for the common good. George Alongi, addressed the ball field and indicated that he would like to see the City Council involved with the Redevelopment Agency on those discussions. He stressed the original cost of the Stadium and the related debt. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Items Nos. 6, 7, 8 and 13. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY AGENDA ITEM NO. •~ ~ PAGE ~ OF ~ 5 ~^ Page Three -City Council Minutes -November 25, 2003 UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session -August 26, 2003. b. Regular City Council Meeting -October 14, 2003. The following Minutes were received and ordered filed: c. Planning Commission Meeting -October 21, 2003. d. Planning Commission Meeting -November 4, 2003. 2. Ratified the following Warrant Lists: a. October 3I, 2003. b. November 14, 2003. 3. Received and ordered filed the following Investment Reports: a. September, 2003. b. October, 2003. 4. Approved the South Coast Air Quality Management District Lease for the .period from July 1, 2003 to 3une 30, 2008. 5. Accepted and approved the E-Government Implementation Plan, and directed staff to move forward with implementing Phase I and consider funding Phase 2 in budget cycles for future years as appropriate. 9. Adopted Resolution No. 2003-54 establishing City-wide speed limits with ~ changes to the Speed Limits for Canyon Hills Drive, Lost Road and Illinois Street AGENDA ITEM NO. ' y r PAGE ~ OF ~' S Page Four -City Council Minutes -November 25, 2003 RESOLUTION N0.2003-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS. 10. Authorized staff to participate in the Fiscal Year 2003 State Homeland Security Grant Program, and move forward with the purchase of emergency equipment authorized for purchase in the grant. 11. Approved Notice of Completion for Railroad Canyon Road Improvements for R.J. Noble Company and authorized signature and recordation of the Notice of Completion with the Riverside County Recorder's Office. 12. Approved Resolution No. 2003-55 in support of a Request for No Parking at ,~,,,, Mail Box between 15272 and 15268 Gold Sands Street. RESOLUTION N0.2003-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 14. Accepted and order filed the Certified Election Results for the November 4, 2003 General Municipal Election, directed the City Clerk to prepare a resolution citing the facts of the election and directed the City Clerk to notice a Special Meeting at 4 p.m. on December 1, 2003, in the Lake Elsinore Cultural Center to adopt the resolution and install newly elected City officials. PUBLIC HEARINGS Staff requested that the public hearing items be taken out of order, hearing Item No. 23 first. Council concurred with this request. AGENDA ITEM NO. -~,~„ ~' PAGE._, ~ .OFD ~ Page Five -City Council Minutes -November 25, 2003 23. Vesting Tentative Tract Map 28214 and 30836, and Addendum No. 2 to the Alberhill Ranch Specific Plan Final Environmental Impact Report. City Attorney Leibold noted that as discussed at the study session, supplemental materials had been submitted and neither her office of Community Development had been able to fully evaluate the information to date. She requested continuance to January 13, 2004, to allow for evaluation of the supplemental material and referral back to the Planning Commission, if necessary. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO JANUARY 13, 2004. Councilman Buckley indicated that this discussion was the maps so he would go along with it, and didn't have a problem with the development, subject to specific circumstances. He noted the location of the project and addressed the Trabuco Route to Orange County. He expressed concern that approval of this development might eliminate one of the potential access points for the road. He indicated that the pre-annexation agreement did not have any specific language with regard to the road. He expressed hopes that one of the conditions of approval would be that the pre- annexation agreement would be reopened for negotiations and specific language to maintain options for the City with regard to the road. Mayor Pro Tem Schiffner indicated that the concerns were discussed previously and agreed upon. Councilman Buckley stressed that the verbiage was not included in the pre-annexation agreement. Mayor Pro Tem Schiffner suggested that the road issues had no bearing on this item. Councilman Buckley stressed the need to guarantee that there was a place for the road. Mayor Pro Tem Schiffner noted discussions by RCTC with Orange County on an alignment. He indicated that Cajalco was one of the ~ routes considered, and it would be out of place to condition this item. AGENDA ITEM NO. ~' PAGE ~ OF 2 S Page Six -City Council Minutes -November 25, 2003 Councilman Hickman noted that he spoke with Supervisor Buster at the NAACP meeting, and there was discussion of something through the Ortegas. Mayor Pro Tem Schiffner indicated that there were several options, that had not yet received full consideration, but one of the options would be coming forward. Councilwoman Kelley suggested that this item be continued. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 21. Public Hearing -Formation of Community Facilities District No 2003-2 Canyon Hills. Mayor Pro Tem Schiffner opened the public hearing at 7:15 p.m. ~. Administrative Services Director Press by recommended opening the hearing and continuing it to January 13 for formation of CFD 2003-2, pending the agreement which EVMWD should be approving on December 11th. He indicated that the Council should be able to proceed. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS PUBLIC HEARING TO JANUARY 13~'. 22. Public Hearing -Resolution Determining the Validity of Prior Proceedings relating to Annexation of Property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services); Call a Special Election; Canvass Election Results; and Authorizing Levy of Special Taxes for CFD 2003-1 Annexation Area No 3 and No. 4 - Resolution Nos. 2003-56 thru 2003-58 & Ordinance No 1112. Administrative Services Director Pressey explained this item would proceed with the annexation of two developments into CFD 2003-1 for Forecast AGiENDA ITEM ND...,,,,~.s~--.- i"` Page Seven -City Council Minutes -November 25, 2003 Homes and Centex Homes. He noted that Centex recently purchased the development from White Rock Inc./Bill Shopoff. He indicated that under this program, each dwelling would pay $300/year for Police, Fire and Paramedic services. He detailed the units within the boundaries and the taxes to be generated. He explained the process for the public hearing, the canvass of the ballots, and approval of the ordinance upon first reading. Mayor Pro Tem Schiffner opened the public hearing at 7:16 p.m., asking those persons interested in this item to speak. No one spoke. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION N0.2003-56: ~-- RESOLUTION N0.2003-56 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT N0.2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA N0.3. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION N0.2003-57: RESOLUTION N0.2003-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0.2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION. AGENDA ITEM NO. PAGE? OFD Page Eight -City Council Minutes -November 25, 2003 THE MEETING WAS RECESSED FOR BALLOT TABULATION AT 7:19 P.M. City Clerk Kasad reported two ballots with majority support for the annexation. MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION N0.2003-58: RESOLUTION N0.2003-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0.2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ~, CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA N0.3 AND ANNEXATION AREA N0.4 ANNEXED TO SAID DISTRICT. MOVED BY HICKMAN, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO.1112, UPON FIRST READING BY TITLE ONLY. ORDINANCE NO. 1112 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0.2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA N0.3 AND ANNEXATION AREA N0.4 ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AGENDA ITEM NO. '._ '~ PAGE ~ OF ~ ,~, r-~ Page Nine -City Council Minutes -November 25, 2003 AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE Councilman Buckley requested that Item 14 with regard to the timing of the seating of the new Council be pulled for further consideration. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY ~ UNANIMOUS VOTE OF THOSE PRESENT TO RECONSIDER ITEM NO. 14 OF THIS AGENDA REGARDING THE MUNICIPAL ELECTION. APPEALS 24. Appeal of Planning Commission Approval of Conditional Use Permit No. 2003-13 on October 21.2003. City Manager Watenpaugh commented that during the agenda review, staff presented a letter requesting continuance to December Stn MOVED BY HICKMAN, SECONDED BY KELLEY TO CONTINUE THIS ITEM TO DECEMBER 9Tx. City Attorney Leibold explained that the item was approved by the Planning Commission, and approved a Conditional Use Permit for adrive-thru restaurant near Dexter and Highway 74. She further explained that the Planning Commission decision had been appealed and placed on the agenda ~- for this meeting. She also explained that the applicant for the CUP had AGENDA FTEM NO..,..~` PAGE ~ pF 2. Page Ten -City Council Minutes -November 25, 2003 requested that the item be continued. She indicated that the appeal was based on three issues including the recorded conditions, ingress and egress for the drive-thru and environmental considerations. She advised that the request to continue would delay the action, giving the applicant an opportunity to review the appeal. Councilman Buckley inquired if this action would be against either side. Mayor Pro Tem Schiffner reiterated that the applicant requested the delay. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM AS REQUESTED. BUSINESS ITEMS 31. Second Reading -Ordinance No. 1109 -Purchasing Ordinance. '"'~ City Manager Watenpaugh indicated that this was the second reading of the ordinance, and noted that there were a couple of outstanding items. Administrative Services Director Pressey reiterated that this was for second reading of the Ordinance, and advised that the questions were down to a few words. He indicated that Section 3.09.345 called for review of contracts either annually or periodically by the City Council or Purchasing Officer. He commented that staff was looking for clarification as to whether the Council would like all contracts reviewed annually by the Council or periodically reviewed; and whether they would be reviewed by the Council or the Purchasing Officer. Mayor Pro Tem Schiffner noted that at the last meeting there was a difference of opinion on the options. MOVED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1109 UPON SECOND READING BY TITLE ONLY, WITH PERIODIC REVIEW BY AGENDA ITEM NO. ~-:e- PAGE ~ ~ OF 2 ~^ Page Eleven -City Council Minutes -November 25, 2003 STAFF. Councilman Hickman noted that he was not present at the last meeting and the vote was 2 to 1. He expressed concern with giving the City Manager authorization to go to $25,000 and public works to go to $5,000. He indicated that he would like the City Manager's authority reduced to $15,000 to avoid a Molendyk problem. He commented that he was glad to see the 3% preference for local businesses; and noted that he wanted five, but would settle for three. Councilman Buckley indicated that the concern was having the Council's memory jogged every year with all long term contracts on the agenda for review. He stressed that it was important for the Council to continue proper oversight of the contracts, so he would support annual review by the Council. Councilwoman Kelley noted the recommendation for annual review by the Council and clarified that the Council had the right to initial contracts for a term not to exceed three years, and the right to review them periodically. She suggested that if the review was annual, that it be tied to anniversary dates; but noted that they could be reviewed any time and generally were at budget time. She expressed support for the 3% preference for local businesses. Councilman Hickman suggested that it was logical to address the contracts at budget time. Councilwoman Kelley clarified that the Council was already doing so; and preferred that process to mandating an annual review by the Council. Councilman Buckley suggested defining "periodically" to require that each contract be reviewed once in the second year. Councilwoman Kelley stressed that many were short term contract issues. City Attorney Leibold ~ noted that the review was proposed only for contract compliance. AGENDA ITEM1ri tVC~. r: ~ ,,, ~` PAGE,,. ~ ~ OF Page Twelve -City Council Minutes -November 25, 2003 Mayor Pro Tem Schiffner stressed the ability of the Council to review a contract at any time. Councilwoman Kelley suggested that it would be redundant to do more frequent reviews. Councilman Hickman reiterated his suggestion for a change from $25,000 to 15,000 for City Manager approval. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1109, UPON SECOND READING BY TITLE ONLY, KEEPING THE LANGUAGE IN THE ORDINANCE AS IS, WITH PERIODIC REVIEW BY THE COUNCIL, AND NO CHANGE TO THE $25,000 AUTHORIZATION FOR THE CITY MANAGER. THE FOREGOING MOTION FAILED BY A VOTE OF 2 TO 2 WITH KELLEY AND SCHIFFNER IN SUPPORT AND BUCKLEY AND HICKMAN IN OPPOSITION AND BRINLEY ABSENT. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1109 UPON SECOND READING BY TITLE ONLY WITH PERIODIC REVIEW OF CONTRACTS BY THE COUNCIL WITH THE CITY MANAGER'S AUTHORIZATION REDUCED TO $15,000. Councilwoman Kelley questioned the differences and how the change from $25,000 to $15,000 would impact the process. Administrative Services Director Pressey indicated that most contracts were much lower or much higher, so the impact would probably not be significant. He explained that based on his survey of 40 to 50 cities, the mean was in the $25,000 range; so the revised ordinance would have put Lake Elsinore in the middle of most cities. He commented that he was trying to make the City's ordinance current, but there were not a lot of contracts in that range. Councilwoman Kelley reiterated that there were either very small or very large contracts so there would be no tremendous impact either way. AGENDA ITEM NO... '~ PAGE ` ~' OF 2 -? Page Thirteen -City Council Minutes -November 25, 2003 ORDINANCE NO. 1109 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER .308 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PURCHASING AND ADDING CHAPTER 3.10 AND CHAPTER 3.12 TO THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading -Ordinance No. 1110 -Zone Change for Lakeshore Village Specific Plan. City Manager Watenpaugh noted that this was the second reading of this item and involved the Specific Plan on Lakeshore Drive across from Stater Brothers Councilwoman Kelley commented that this project was reviewed at the last meeting and it was a great gated community project and an asset to the location with a nice mix of uses. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1110 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1110 AGENDA ITEM NO.`~„ ~` PAGE J OF~ Page Fourteen -City Council Minutes -November 25, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE N0.2003-03 TO CHANGE THE ZONING DESIGNATION OF APN 379-230-001; 002, -004, -006, -008, -009, -010, -011, AND -012 FROM "C-2 (GENERAL COMMERCIAL DISTRICT)" AND "C-P (COMMERCIAL PARK DISTRICT)" TO "LAKESHORE VILLAGE SPECIFIC PLAN". UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: BUCKLEY 33. Second Reading -Ordinance No. 1111 -Lakeshore Village Specific Plan. City Manager Watenpaugh noted that this was related to the prior ordinance for second reading. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1111, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE LAKESHORE VILLAGE SPECIFIC PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AGENDA ITEM NO. PAGE..:..,..L OF~ ~..r ...-~ ~ Page Fifteen -City Council Minutes -November 25, 2003 AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE 34. Waiver of Ordinance for Nighttime Fishing -Lake Elsinore Recreation Area & Cam rt?g ound. City Manager Watenpaugh that this consideration was based on a request by the concessionaire at the campground. Lake Operations Manager Kilroy ~ explained the request received from Pyramid Enterprises, to allow for more service to the customers and increased revenues. He indicated that the Fish and Game regulations allow for such a change to allow for taking of fish day or night from Lake Elsinore. He commented that in terms of safety and liability, Pyramid would be responsible for safety and liability issues. He suggested that there was no impact to waiver of the ordinance, but recommended that it be for one year with annual review. Councilman Hickman requested clarification that it was just for the campground and questioned why it was not proposed for the whole Lake. Lake Operations Director Kilroy indicated that if Council desired, staff could expand the concept, but keeping the beaches open would invite people to camp on the public beaches. Councilman Hickman indicated that they were on the beaches anyway. Lake Operations Director Kilroy indicated that it would be preferable to discourage overnight camping on the beaches; and suggested consideration be given to shoreline property owners. Councilman Hickman inquired if those who sleep in the beaches should be chased off the beaches at night. Lake Operations Director Kilroy indicated ~-. that the Police generally did so, but it was a very low priority issue. AGENDA ITEM NO.~_ PAGE OF Z s Page Sixteen -City Council Minutes -November 25, 2003 Councilman Buckley addressed the area where nighttime fishing would be allowed, and if money had been received from the State to repair it. Lake Operations Director Kilroy indicated that the $3 million grant was approved by Boating and Waterways to rehabilitate the campground launch ramp. Councilman Buckley questioned if the area under discussion was the same area that had problems the last couple of years. He further questioned the type of supervision that would be in place for night fishing. Lake Operations Director Kilroy indicated that they would be providing 24 hour security to patrol the area.. Councilman Buckley inquired what problems there would be with slips and falls in the area. Lake Operations Director Kilroy commented that the potential already exists with campers at night. Councilwoman Kelley noted that the area of prior problems was fenced, and there would be fishing from the shore of the campground, with security, lighting and supervision. She indicated that she had no problem with a one year trial basis. Lake Operations Director Kilroy indicated that he could not guarantee that lighting would be provided. Mayor Pro Tem Schiffner noted that the only difference was that people would now be allowed to fish. Councilman Buckley inquired what kind of fish could be caught at night. Lake Operations Director Kilroy indicated that was a tough question, but fishing for a number of warm water fish was best at dawn and dusk. He commented that channel catfish might be more prevalent at night, as they move into shore and are more active. Councilman Hickman commented on the problem area at the campground and questioned if the problems could be resolved and corrected. Lake Operations Director Kilroy noted that the area was currently fenced and posted with signs. Councilman Hickman inquired if the work could be done before the rainy season covers it up. Lake Operations Director Kilroy commented that the matter was before the courts, issues were being worked AGENDA FTEM NO..~,G~_ PAGE OF °~ ~ ~" Page Seventeen -City Council Minutes -November 25, 2003 out and staff would be coming forward with the advice of the JPIA. He discouraged discussion in public at this time. Bill Tucker noted that there were a lot of lakes in California where fishing at night was allowed. He further noted that catfishing was better at night. He commented that campers, like to let their kids fish at night. He also commented that the people running the campground were doing a great job; and requested approval of the request. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO WAIVE MUNICIPAL CODE SECTION 8.44.040 (FISHING HOURS) FOR A PERIOD OF ONE YEAR AT THE LAKE ELSINORE RECREATION AREA & CAMPGROUND AND CONSIDER ANNUAL RENEWAL. 35. Land Development Agreements with Wasson Cannon Investments, L.P. and South Shore Properties, LLC. City Manager Watenpaugh indicated that these two Development Agreements had been in the works for some time, and representatives of both companies were present this evening. He reminded the Council of the financial plan and the efforts to separate all of the CFD's; and noted that this was the last to culminate that project. He indicated that this proposal would give the City $2.6 million and waive the balance of the fees to get the properties back on the tax rolls. Mr. Fitzpatrick, Eastridge Partners, indicated that he had reviewed the report and the agreement as presented and saw no problems whatsoever. He offered to answer any questions. Mr. Krause, South Shore Development, indicated that he had reviewed the documents and although they were slightly modified, they were in complete ,~-, agreement with them. AtiENDA fTEM NO.,.,,1,`,~ ~, PAGE ~ _ OFD Page Eighteen -City Council Minutes -November 25, 2003 .ter City Manager Watenpaugh noted an earlier question with regard to acreage. Mr. Krause indicated that his included 229 acres. Mr. Fitzpatrick indicated that his was 62.5 acres. Councilman Hickman inquired when the land was acquired. Mr. Krause indicated that he had been assembling the property for about a year. Mr. Fitzpatrick indicated that they had been in escrow for about six months. Councilman Hickman clarified that they were not the original owners of the property involved with the CFD's. Councilman Buckley commented on how long the Districts had been upside down, and noted that the City was getting everything back. He indicated that in 1993, the City issued $4.1 million in bonds and went upside down; but with this action would get about 2/3rds back. He questioned what the money would be spent on. City Manager Watenpaugh indicated that it _ would go to reduce the debt. Councilman Buckley commented that the City .~ was getting more than the City Attorney initially thought was possible. Councilwoman Kelley noted that the Council started to redo the CFD's about 6 or 7 years ago and hired the financial team with Rod Gunn and Don Hunt. She indicated that they restructured the CFD's and this was the very last one needing the workout. She commented that it was good to know that they were all solved. Mayor Pro Tem Schiffner commented that this was a good deal. MOVED BY HICKMAN, SECONDED BY KELLEY TO APPROVE THE LAND DEVELOPMENT AGREEMENTS WITH WASSON CANYON INVESTMENTS, L.P. AND SOUTH SHORE PROPERTIES, LLC, SUBJECT TO ANY MINOR MODIFICATIONS APPROVED BY THE CITY ATTORNEY, AND AUTHORIZED THE MAYOR TO SIGN THE AGREEMENT. Councilman Buckley inquired if anyone else's CFD cost would go up as a ,,.,• AGiENDA ITEWI NO..~, ~~ ~ PAGE_,,,,_ ~ p~ z ~ Page Nineteen -City Council Minutes -November 25, 2003 result of this action, or if it was totally independent. City Manager Watenpaugh confirmed that this was independent and would not affect any other Districts. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. ITEMS PULLED FROM THE CONSENT CALENDAR 6. Bid Award for Fiberglass Grating & Sheeting, Hi-Tech Composite Structures Inc. - $15,624.54. Lake Operations Director Kilroy explained this item for purchase of fiberglass grating and sheeting or the contractor fabricating the axial flow ~- pump modules. He noted that the City was the lead agency in the project for LES3WA. He indicated that three bids were received on this purchase and the lowest was from Hi-Tech Composite in the amount of $15,624.54. He commented that the fiscal impact to the City was negligible because the City would be reimbursed for the project up to $1,006,250. He recommended award of the bid. Councilman Hickman indicated that he pulled this item due to his concern with the lowest bidder vs. the second bidder. He noted that the difference was only $275 and the lowest bidder was out of Redmond, Oregon. He indicated that he would rather see the bid go to the company in California and keep the money in the State. He explained that he would rather see the money stay here, and if there was a problem, they would be close enough to work with them. Lake Operations Director Kilroy commented that the purchasing ordinance change might allow for a different approach in the future. City Attorney Leibold noted the 3% preference for City businesses, but clarified that it would not apply to other areas in the State, as opposed to out of State. She clarified the requirement to use the lowest responsible ~ bidder. Councilman Hickman commented that it would be a shame if there was a problem. AGENDA ITEM NO. _~ '-~ .._ RAGE! ~ OF=_~ Page Twenty -City Council Minutes -November 25, 2003 ~..r Councilman Buckley concurred that he wished there was some way to keep it in the State. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BID AWARD FOR FIBERGLASS GRATING AND SHEETING TO HI-TECH COMPOSITE STRUCTURES, INC. IN THE AMOUNT OF-$15,624.54. 7. Clean-up of Former Underground Storage Tanks at 161 South Main Street (corner of Main & Sulphur. Mayor Pro Tem Schiffner noted a request to speak from Bill Tucker. Bill Tucker passed on his comments. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY •..~ UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE TRANSFER OF $170,000 FROM THE GAS TAX FUND TO THE CLEAN UP OF UNDERGROUND STORAGE TANKS AT 161 SOUTH MAIN STREET. 8. Supplemental Law Enforcement Services Fund (SLESF) Expenditure Plan. Councilman Buckley indicated that he pulled this item for information; and inquired how much would be funded per year. City Manager Watenpaugh indicated that it varies from year to year. Police Chief Walsh indicated that it was $100,000 per year. Councilman Buckley commented on the allocations and questioned spending more than the allotment. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND EXPENDITURE PLAN FOR 2003- 2004 AND AUTHORIZED STAFF TO SUBMIT SAID INFORMATION TO ...~ AGENDA ITEM NO. ' U PAGE 2 ~ OF_ 2 s ~'` Page Twenty-One -City Council Minutes -November 25, 2003 THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT GRANTS UNIT. 13. State Mandate Reimbursement Claiming Services Contract -Cost Recover Systems, Inc. Councilman Buckley indicated that he pulled this item for information and noted that it promised to get money from the State. He questioned if the firm generally got more for the City than they charged. Administrative Services Director Pressey confirmed. City Manager Watenpaugh noted that the City had only applied through the City Clerk's Office in the past. Councilman Buckley inquired if the City could have been doing this for several years. Mr. Pressey indicated that the law originally passed in 1980. Councilman Buckley noted that the City could have been doing it for 28 years. City Manager Watenpaugh commended Administrative Services Director Pressey on his efforts to implement this program. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT WITH COST RECOVERY SYSTEMS, INC. 14. Presentation of Certified Election Results. Councilman Buckley addressed the Certification of Election results and inquired if it would be possible to move the meeting to 5 p.m., as he is the representative to WRCOG and it would conflict with their meeting. He noted that the WRCOG meeting would include MSHCP governance issues; which generally carried a close vote. City Manager Watenpaugh indicated that staff would be happy to contact the new members to determine that there was no conflict. The balance of the Council concurred with this change. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY ~- UNANIMOUS VOTE OF THOSE PRESENT TO DIRECT THE CITY CLERK TO NOTICE A SPECIAL MEETING FOR 5 P.M. ON DECEMBER AGE(J~Da ITEM NO._._~~° ~` PAGE ~ ` OF ~- Page Twenty-Two -City Council Minutes -November 25, 2003 1, 2003, FOR CERTIFICATION OF ELECTION RESULTS AND SEATING OF NEW OFFICIALS. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:10 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:27 P.M. PUBLIC COMMENTS -NON-AGENDIZED ITEM5 - 3 MINUTES J.J. Swanson passed on her comments. Edith Stafford passed on her comments. Chris Hyland, 15191 Wavecrest, noted a recent letter received regarding saving Proposition 13. She indicated that the language in the letter was very much like the flyers distributed in the recent election by a committee. She commented that the flyers during the election were despicable and they made false statements and used racism. She indicated that the latest letter dealt with the MSHCP, and noted that 14 other cities were involved in the same situation but this piece zeroed in on Lake Elsinore. She requested that all citizens not sign the slips of paper that agree with the letter and suggested shredding the material until all cities in the area receive the same type of letter. Ron Hewison passed on his comments. Paula Graver, 218 Ellis Street, read an a-mail about an interview with God; and noted that she would be feeding everyone who can attend on Thanksgiving Day at her home at 3 p.m. She commented that donations were needed for this effort and noted that they were lacking tables and chairs. Jim Morris passed on his comments. AGENDA ITEM NO. •Y PAGE ~ 2' OF 2,,_~ ~' Page Twenty-Three -City Council Minutes -November 25, 2003 CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Noted that the Lake Elsinore Outlet Center, the Storm Baseball Team and the City were working together on the Make A Wish Program for children. He further noted the tree-lighting ceremony on Saturday, and indicated that their goal was to grant five wishes this year. He advised that contributions were being accepted at the Outlet Center, and noted that they had received donations to answer one wish. He noted that there were also pictures with Santa and snow for the kids. 2) Thanked Rick Mann at the Vineyard Church on Graham for feeding the homeless; and thanked HOPE for providing meals as well. 3) Thanked the Candidates who ran for an office in the City; and thanked the voters for turning out. He gave kudos to the winners. 4) Gave Kudos to the Women's Club and the Historical Society for their Melodrama. 5) Wished everyone a Happy Thanksgiving. p(,iENDA ITEM Nd.._..L:JO-:- PAGE ~-3 OF 2 `~ Page Twenty-Four -City Council Minutes -November 25, 2003 ~..r` Councilman Buckley commented on the following: 1) Thanked everyone for voting. 2) Expressed hopes that God would help the Council, if they got the Stadium decision wrong. Councilwoman Kelley commented on the following: 1) Thanked Jeannie Corral and her committee for the Unity Parade, noting that she liked the theme. She indicated that her class had a great time participating. 2) Thanked staff for the SK run, which was well attended and a wonderful event. She congratulated the winners and noted that the man who won, did so the last three years in a row. `~ 3) Thanked the Candidates who ran for office, noting that it took a lot of courage and time to do so. 4) Wished everyone a Happy Thanksgiving, and noted that there was a lot to be thankful for. Mayor Pro Tem Schiffner commented on the following: 1) Announced that Paula Graver was continuing the Support the Troops Rallies; and noted that community service hours could earned through participation. 2) Thanked the Candidates, noting those who lost, might find themselves sorry if they won. 3) Expressed appreciation to his supporters and thanked them for the votes. He thanked Edith Stafford for her comments in the ~,,, AGENDA ITEM NO. ~~' ~~ PAGE OF ~ ''~` Page Twenty-Five -City Council Minutes -November 25, 2003 newspaper, as it appeared she had voted for him. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:41 P.M. ROBERT SCHIFFNER, MAYOR PRO TEM CITY OF LAKE ELSINORE ATTEST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE ,~-., AGENDA FTEM NO. ` PAGE ~ ~ OF. ~.5~