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HomeMy WebLinkAbout01/13/2004 CC item 1d,~-~ MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA DECEMBER 9, 2003 - 5:00 P.M. CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:20 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugb, Assistant City Manager Best, City Attorney Leibold, Assistant City Attorney Miles, Administrative Services Director Pressey, Community Development Director Brady, Lake/Aquatic Resources Director Kilroy, Recreation & Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, Public Works Manager Payne, City Treasurer Weber, and Deputy City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9: (2 potential cases) B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: Assessor Parcel Numbers 347-330-045, 347-330-046, 347-330-051, 347- 330-50, 347-330-052, 347-330-053, 347-330-019, 347-360-004, 347-360- 005, 347-360- 03, 347-250-006, 347-250-007; 347-250-008, 347-350-003; 347-350-014; 347-350- 015; 347-360-006 and 347-360-007 Negotiating parties: Wasson Canyon Investments, L.P., A California Limited Partnership, South Shore Properties, LLC, a Nevada limited liability company, the Treasurer of the County of Riverside and the City of Lake Elsinore Under negotiation: terms of payment ~ Pac~.,.1._. o~~ Page Two -City Council Minutes -December 9, 2003 City Attorney Leibold announced the Closed Session discussion items as listed above noting that under Item A, there would be only one potential case for discussion. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:22 P.M. The Closed Session discussion was completed at 6:56 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) The Regular City Council Meeting was reconvened in public session by Mayor Buckley at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Sheriff Deputy Cordova. INVOCATION -MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection PRESENTATIONS/CEREMONIALS a. Chamber of Commerce Update. Jack McCoiley, President, thanked the Council for the opportunity to provide an update on the Chamber's activities. He congratulated Mayor Pro Tem Kelley and Councilman Schiffner on their reelection to the Council; and welcomed Councilman Magee. He thanked the other candidates for running and expressed hopes for their continued participation in the community. He announced the following upcoming events: December 16, 2003 -Student of the Month Lunch at Sizzler January 24, 2004 - 55th Annual Installation Dinner He indicated that the mixers and EDC Lunches would resume in February. He announced that the Chamber Office was being renovated on the inside, and noted that when the work was complete they would have an open house. He announced and congratulated the newest Chamber Directors; and noted that it had been a very productive year at the Chamber, with a lot of excitement. He looked forward to a productive 2004. AGENDA ITEM NO. '_ ~._,~,~ PAGE a _ OE ~ °~ ~,r,, ~ Page Three -City Council Minutes -December 9, 2003 b. Introduction of New Employees. City Manager Watenpaugh deferred to the appropriate Division Managers. Public Works Manager Payne introduced Equipment Operator Del Turk and Maintenance Worker I Chris Erickson; and noted that they were both in the Streets Department. Mr. Turk thanked Mr. Payne for the opportunity to join the City; and staff for support. He indicated that he would give 100% to maintain streets and storm drains. Mr. Erickson thanked the City for the opportunity and expressed hopes for a long and rewarding career. Public Works Manager Payne noted that there were well over 100 applicants for each position; and highlighted the interview process and requirements for the job. Councilman Hickman inquired how many City residents applied for the positions. Public Works Manager Payne indicated that there were about a dozen. Councilman Hickman inquired why they were not given special consideration; and questioned the ability to weigh the evaluation in the future. City Attorney Leibold indicated that was not possible. Parks & Open Space Manager Fazzio introduced the new staff for weed abatement, ~'' including Equipment Operator Gary Melton, Equipment Operator Mike Henshaw, Maintenance Worker I Marcos Mendoza and Maintenance Worker I Ed Sandoval. CLOSED SESSION REPORT City Attorney Leibold reported that the Council met in Closed Session with discussion of only one case of potential litigation, with no reportable action; and regarding Item B, the discussion would resume at the end of this meeting, but so far there was no reportable action. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Michael O'Neal, 1407 W. Heald, requested that the City Treasurer be moved to the Dias, public comments be returned to the front of the meeting for three minutes, and that the City Council follow Roberts Rules of Order. He encouraged everyone to buy tickets for the Historic Homes tour on Saturday, December 13th. George Alongi, congratulated Councilmembers Kelley and Schiffner on their reelection, and expressed his respect for them. He commended Councilman Magee on his election, and indicated that he was glad to see him sitting there. He commented that he would like to see the City return the services to the Community with the 4th of July celebration, Christmas and Frontier Days Parades and the Kids on Track program. He indicated that the City had the money and it ~ should be used for the community. 1 ~~ ~ _. pf~iEiVDA ITEM iVO.GE=- PAGE Page Four -City Council Minutes -December 9, 2003 .,r- Ace Vallejos, 15231 Cobre Street, congratulated Mayor Buckley on his appointment. He addressed the MSHCP and indicated that he was disturbed about what he was reading. He suggested that the Council should send the developers packing and come up with a plan. He indicated that there were three components that needed to be in place, being transportation, multi-species and the General Plan. Tim Fleming, 17970 Lakeshore Drive, indicated that win or lose, his intent was still to clean up the community. He indicated that he had contacted the City regarding a disintegrating dock on the lake and expressed concern with pollutants. He requested that the Council direct staff to address the problems. Ruth Atkins, 15237 Lake Trail Circle, announced the Historical Home Tour and noted that the homes and historic buildings were wonderful. She further announced that there would be refreshments at the museum during, before and after the tour. She encouraged attendance. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: o.p' Item No.l, l .f., 4, 5, 6, 7 and 8. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 2. Ratified Warrant List for November 26, 2003 3. Approved Improvement Reimbursement Agreement for Traffic Signal Installation at Lake Street and Mountain Street with "Woodside Lake Street 65, Inc.", and authorized the Mayor to execute the Agreement. 9. Approved 30th Year Community Development Block Grant, Senior Center Application in the amount of $47,658. APPEAL 21. Appeal of Planning Commission Approval of CUP No 2003-13 on October 21 2003 Continued from November 25 2003. AQrEi~IDA ITEM ldO..J~.~-- P~cl= (3F ~ ~- ~ Page Five -City Council Minutes -December 9, 2003 Community Development Director Brady explained that this was an appeal of the Planning Commission approval of the Conditional Use Permit. He noted that this was in conjunction with the Design Review for a restaurant on Dexter, adjacent to Douglas Burgers. He explained that the appeal was based on three factors, including a restriction in the CC & R's, Ingress/Egress and traffic related issues, and the environmental determinations for the project. He indicated that additional information had been submitted, so staff was recommending that the item return to the Planning Commission, with staff directed to do an initial study and go back through the process. Dan Uhlry, Planning Commissioner, 103 W. Flint Street, indicated that he had voted in favor of Tom's, and the Planning Commission took a lot of time with this project and looked at the CC & R's. He indicated that the appeal was not relative to the City codes, the ingress/egress was reviewed and they met all of the City requirements. He further indicated that with regard to the EIR, one was done on the McDonalds and there was no problem. He commented that the Planning Commission was concerned with the same three issues, but he was more concerned that this appeal was an issue of competition. He commented that the City couldn't tell gas stations they couldn't compete. He stressed ~ that the Planning Commission discussed this project at length, and suggested denial of the appeal. Sam Alhadeff, representing Douglas burgers, indicated that they filed the appeal on a number of bases. He concurred with staff recommendation to refer the project back to the Planning Commission. He noted a comprehensive letter on this project and indicated that on two occasions he sent letters to the opponent suggesting working together to resolve issues. He commented with regard to the CC & R's, they did not govern the project. He indicated that two other property owners had raised the same questions. He addressed the findings under CEQA and indicated that there would be a finding that this was an in-fill project., which would require more findings. He noted that it was important to determine the configuration of on and off-ramps for the freeway. He indicated that he was happy to meet, but had never heard fromt he applicant. He concurred with staff's recommendation. James Bickel, Tom's restaurant, indicated that he had conversations with various staff members and understood staff's recommendation for initial study. He indicated that he was not opposed to that recommendation; and noted that the family was present with legal representatives to answer questions. He indicated that they had a good working relationship with City Planning staff, but asked that the Planning Commission and City Council keep this item expedited to the extent possible. AGENDA ITEM NO. ' ~ ' PAGE ~ OF Page Six -City Council Minutes -December 9, 2003 Maureen Muranaka, Attorney for the applicant, concurred with Mr. Bickel's comments and indicated that she spoke with the Planning Manager earlier this week to confirm that they would concur with the recommendation. She offered to answer any questions from Council. Mayor Buckley noted that both sides of the issue were present at this meeting Councilman Schiffner noted that based on the information presented so far, he would have been in a position to make a statement on the appeal, but based on legal advice he would support sending it back to the Planning Commission. Councilman Magee questioned the initial study and its scope, specifically if it would address traffic and circulation. Community Development Director Brady indicated that it would address all issues, but the appeal focused on traffic. Councilman Magee questioned the timing for the study. Community Development Director Brady indicated that it would be done as soon as possible, but probably January or February of next year. Councilman Hickman noted that Costco was also coming into that area, but the only traffic problem seemed to be when kids were going to school. He questioned the status of the Gateway Commercial Project. Community Development Director Brady indicated that he had no plans for the project at this time. Mayor Pro Tem Kelley indicated that she had no problem with the staff recommendations, especially when both sides agreed to it. Mayor Buckley concurred with sending the matter back to the Planning Commission and indicated that he would like a sense of the Council direction, to ask that it come back by the end of 3anuary. Community Development Director Brady indicated that it would depend on the timing requirements for environmental review, but indicated that they would move as quickly as possible. . MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAFF TO REVIEW THE SUPPLEMENTAL INFORMATION SUBMITTED BY THE APPELLANT, PERFORM AN INITIAL STUDY AND REPORT BACK TO THE PLANNING COMMISSION WITH FINDINGS AND A RECOMMENDATION. BUSINESS ITEMS 31. Second Reading -Ordinance No. 1112 -Annexation Nos 3 and 4 to Community Facilities District No. 2003-1 (Law Enforcement Fire and Paramedics. ~ {~pA ITEM NO..- ~ -~-~°~ A PAGE ~ ~~ ~"~ Page Seven -City Council Minutes -December 9, 2003 City Attorney Leibold noted that this was the second reading of the Ordinance and offered to answer any questions. She indicated that this was generally confirmation of the previous action. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1112, UPON SECOND READING BY TITLE ONLY: Councilman Hickman requested that the names of annexations be included in parenthesis in the future. 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 NO. 2003-1 ( LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 3 AND ~ ANNEXATION AREA N0.4 ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Amended and Restated Cardroom Ordinance No. 1113. City Attorney Lebold explained this item, noting that the City has a cardroom ordinance that allows for cardrooms within the City and grandfathered them in under State Law, with oversight from the Department of Justice. She indicated that there was one operating facility and every year the Department of Justice reviews pertinent State law and periodically audits the City ordinances. and conveys recommended changes. She advised that they had reviewed the proposed ordinance, made modifications and ~-. suggested cleanup verbiage to make it more consistent with the existing Casino. She indicated that the number of tables allowed was 30, but this Ordinance would reduce the A6IENDA ITEM NO. i '~. PAGE„.. OF._..~. Page Eight -City Council Minutes -December 9, 2003 minimum to 14 tables. She explained that the existing casino operates with 14 tables daily and more for special events. She indicated that the other modifications conformed the definitions to State law, required employees with access to the gambling floor to wear photo identification tags and other similar kinds of revisions. She indicated that the proposed ordinance was being done as an urgency Ordinance to allow it to become effective immediately. She indicated that if the Ordinance was approved this evening, there was no requirement for second reading and it would become effective immediately. She commented that there was some concern that the Casino might be found to be out of compliance with the local ordinance, which would cause trouble in the licensing renewal at the State level. Mayor Buckley questioned the non-compliance issue and its severity, or if it was just a technicality. City Attorney Leibold concurred that it was a technicality, noting that in the State realm there was a checklist with questions regarding compliance with local laws. She indicated that it was not serious, but technical in nature. Councilman Hickman inquired if the City was responsible for approving the casino license. City Attorney Leibold indicated that under the existing Ordinance, once the Casino was licensed there were annual submittals, but it did not come back for renewal; however under the new Ordinance, annual renewal would be required. City Manager Watenpaugh noted that the Police Department monitored the Casino and handled the background checks. Councilman Schiffner commented that while the revisions were not serious, they could become serious if they impacted the license. City Attorney Leibold clarified the potential ramifications. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT URGENCY ORDINANCE NO. 1113 UPON FIRST AND FINAL READING BY TITLE ONLY: City Attorney Leibold reiterated that the Ordinance was submitted and reviewed by the Department of Justice and they were extremely complimentary, with no comments or changes. ORDINANCE NO. 1113 AN URGENCY. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING AND RESTATING CHAPTER 5.28 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING CARDROOMS. UPON THE FOLLOWING ROLL CALL VOTE: AGENDA ITEM NO. -~„ \ PAGE ~ OFD ,~-~ Page Nine -City Council Minutes -December 9, 2003 AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. 30th Year Community Development Block Grant Allocation. City Manager Watenpaugh highlighted this item and noted that cities were entitled to participate in the program through the County. He detailed the requests submitted this year totaling $316,000, including a Pedestrian Bridge, Code Enforcement, Dangerous Structure Abatement, Curb-Gutter-Sidewalk Replacement public works projects; and Senior Center Services, HOPE Food Program and Assistance League of Temecula Operation School Bell public service programs. He indicated that ~ staff was recommending no funding for the Pedestrian Bridge, $35,000 for Code Enforcement, $50,000 Dangerous Structure Abatement, $95,000 for Curb, Gutter, Sidewalk Replacement, $25,000 for Senior Center Services, $2,500 for the HOPE food program and $2,500 for Operation School Bell. He noted that there was discussion of changes at the agenda review, and reminded the Council that there was a limit of $30,000 which could go to public services programs. Mayor Buckley commented on the recommendations for the Senior Center, HOPE and Operation School Bell; and suggested allocation of $19,000 for the Senior Center, $6,000 for HOPE and $5,000 for Operation School Bell. He suggested that if the funds for the Senior Center were not made up by the County, the additional $6,000 could be taken out of the reserves. He indicated that he felt that CDBG money should be spent on outside City programs, rather that expending City dollars for those programs. Councilman Hickman concurred with Mayor Buckley's recommendation; and concurred that the organizations needed assistance. Councilman Schiffner indicated that it would be the same as last year and concurred. Councilman Magee commented with regard to Code Enforcement, that this funding would allow Code Enforcement to take a more active approach to the APENDA ITEM NO. _J„=..o PAGE ~ OF Page Ten -City Council Minutes -December 9, 2003 program. He indicated that he had been under the impression that it was a reactive program. He suggested that this money would help to improve the service level and concurred that it was a step in the right direction. Mayor Pro Tem Kelley questioned what money would be received from the County for the Seniors. City Manager Watenpaugh indicated that in the past it was $5,000. He noted that there was another item on this agenda requesting a larger percentage from the County due to the increased use by County residents. He indicated that staff would bring back an item on any shortfall for allocation of General Fund reserve dollars. Mayor Pro Tem Kelley clarified that there was a possibility that this would be more than $5,000 or $6,000, but she had no problem with these programs as they were important and did a wonderful job. She stressed that the need would probably be more money. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS AS FOLLOWS: PUBLIC WORKS PROJECTS CODE ENFORCEMENT $20,000 DANGEROUS STRUCTURE ABATEMENT $50,000 CURB, GUTTER, SIDEWALK REPLACEMENT $95,000 PUBLIC SERVICE PROGRAMS CITY OF LAKE ELSINORE SENIOR CENTER SERVICES $19,000 HOPE FOOD PROGRAM $ 6,000 ASSISTANCE LEAGUE OF TEMECULA - OPERATION SCHOOL BELL $ 5,000 34. City Council Committee Appointments. Mayor Buckley addressed this item and explained that the Committee appointments were done annually. He indicated that he wanted to balance the number of assignments, as well as the importance of the assignments. He further indicated that there were a couple of new ones, including two more informal and one more formal. He commented that it was important that the City Council have a contact person for the LEAF Animal Friends A`3Et~DA ITEM NO. i PAGE ~ OF~ ~..r~ Page Eleven -City Council Minutes -December 9, 2003 and a contact for the Social Service agencies, like HOPE, the Historical Society and the Library; and a contact for the non-City homeless committee with the County. Mayor Buckley suggested the following committee appointments: California Joint Powers Insurance Authority Delegate Genie Kelley, Alternate Bob Schiffner Habitat Conservation Agency Delegate Bob Schiffner ,Alternate Bob Magee Chamber of Commerce -Economic Development Committee Delegate Daryl Hickman, Alternate Peter Weber. Riverside Transit Agency Delegate Daryl Hickman, Alternate Bob Schiffner Mayor Pro Tem Kelley noted comments that Councilman Schiffner had been the representative to the RCTC for several years; and as part of that voted onto the Route 91 ~ Corridor Committee by his colleagues. She stressed that he was a strong voice for the RCTC, and represented Lake Elsinore on the committee, where several other cities did not have a voice on the committee. She indicated that she was told by Mr. Haley that it was a feather in the cap to have that representation. She noted that it he was replaced on RCTC, the City would loose that seat to others who had been there longer. She suggested that it would do the City a disservice if that representation was lost. Mayor Buckley continued with the following recommendations for appointments: Riverside County Transportation Commission Delegate Bob Magee, Alternate Bob Schiffner Western Riverside Council of Governments Delegate Tom Buckley, Alternate Schiffner Lake Elsinore/San Jacinto Watershed Authority Delegate Bob Schiffner, Alternate Genie Kelley Crime Free Multi-Housing Program Delegate Genie Kelley, Alternate Daryl Hickman Elsinore Valley Arts Network Delegate Genie Kelley, Alternate Daryl Hickman Af~iE{~A ITEM NO. „! ' ~ , ~~ PAGE OF Page Twelve -City Council Minutes -December 9, 2003 Vector Control District Delegate Tom Buckley, Alternate Bob Magee Animal Friends Liaison Bob Magee Social Services Liaison Genie Kelley Homeless Committee Representative Daryl Hickman Representative to the Downtown Merchants Peter Weber Mayor Buckley commented with regard to the RCTC issue, it was not an easy decision, but he had considered the ramifications of the Orange County 91 Commission and had worked to ensure that Lake Elsinore would continue to hold that seat. He indicated that Chairman Roy Wilson was fine with Lake Elsinore keeping the seat. He indicated that it was not a political decision, however Councilman Schiffner did not vote for the internal corridor in Lake Elsinore. He expressed concern with the Canyon Route and indicated that there was no question that when it came to dealing with Orange County and the 91, there was a need to create a way for Lake Elsinore to be the home or close to the new highway to Orange County. He suggested that Councilman Magee would be able to do that. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY A VOTE OF 4 TO 1 WITH SCHIFFNER CASTING THE DISSENTING VOTE TO RATIFY THE APPOINTMENTS AS PROPOSED BY MAYOR BUCKLEY. ITEMS PULLED FROM THE CONSENT CALENDAR Minutes a. Regular City Council Meeting -August 26, 2003. b. Joint City Council/Redevelopment Agency Study Session -September 23, 2003. c. Joint City Council/Redevelopment Agency Study Session -October 14, 2003. d. Special City Council Meeting -October 22, 2003. e. Joint City Council/Redevelopment Agency Study Session -October 28, 2003. f. Regular City Council Meeting -October 28, 2003. g. City Council Study Session -November 12, 2003. h. Joint Special City Council/Redevelopment Agency Meeting -November 12, 2003. Planning Commission Meeting -November 18, 2003. AI~BDA ITEM NO. -~ ~`' Pl~GE ~.. OF ~ 2- ~.rr` Page Thirteen -City Council Minutes -December 9, 2003 Councilman Magee indicated that he had pulled Item No. 1, as he did not participate in those meetings and would abstain from vote on them. Mayor Buckley addressed Item No. l .f., and requested a correction on Page 36 with regard to his Council comments and indicated that he would provide corrections. MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY A VOTE OF 4 TO 0 WITH MAGEE ABSTAINING FROM VOTE TO APPROVE THE MINUTES AS PRESENTED. 4. Contract Award for McVicker Canon Skate Park Landscape Project - M.R. Bracey, Inc. - $182,636.67. City Manager Watenpaugh noted that this was to complete the work at McVicker Park on the area above the skatepark. He recommended that the funding be taken from the park funds. "^ Edith Stafford, 29700 Hursh, expressed concern with this award of contract and inquired if the park had started to turn any profit at all. City Manager Watenpaugh indicated that this project had nothing to do with the skatepark, but rather with the gazebo and landscaping above the park. He stressed that the two activities were separate, but the skatepark was within McVicker Park. He explained that this was for the landscaping above the skatepark on the slopes and beyond, to the fire station; and a component for completion of the overall park. Mayor Buckley commented that it had been envisioned for the next phase for the rest of the park. Mrs. Stafford questioned if this was the next phase of the skatepark. Mayor Buckley indicated that the skatepark was done, the fire station was added and this would be for the balance of two more tennis courts, a gazebo, landscaping and irrigation, baseball fields, open space, restroom, etc. Mrs. Stafford questioned if this was the lowest bid. Staff confirmed that it was the lowest bid. She indicated that she understood it was for the skatepark directly, and she was opposed to more money being spent on the skatepark. Mayor Buckley clarified that it was part of the overall park project. Chris Hyland, 15191 Wavecrest Drive, clarified that this project had nothing to do with the skatepark, but noted the title on the agenda. She questioned how the public would take it when it was worded that way on the agenda. She objected to items for the skatepark being taken out of the park fee funds. She questioned how long the park had been in place and why this work was being done now. She stressed the verbiage in the ~ agenda. A63rEtJDA ITEM NO. _J.:l~.:~~ PAGE ~ 4F_2-~'-R Page Fourteen -City Council Minutes -December 9, 2003 Tim Fleming passed on his comments. Councilman Hickman questioned the park and a specific area that looked like it had been dedicated. City Manager Watenpaugh noted the area on the southeast corner and noted that it was a requirement for habitat. He explained that it was a low area which was required to remain as it was for overflow from the flood control channels. Councilman Hickman further questioned the area. City Manager Watenpaugh indicated that there was a gravel sidewalk and noted that it could be paved, but the gravel path was part of the design. He explained the State requirements and indicated that it was part of the floodway and flood control channel. Councilman Hickman indicated that he did not understand why the area was developed if it was a habitat area, but indicated that he would like to see the area cleaned up. Mayor Buckley noted that he was not the biggest fan of the skatepark, but reiterated that this was the expansion of the rest of the park and would happen with or without the skatepark. He clarified that the park improvement funds were from people building houses across the street. Councilman Hickman suggested the use of wood chips to allow for handicapped access. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO TRANSFER $47,436 FROM THE PARK FEE CIP FUND TO THE MCVICKER CANYON SKATE PARK LANDSCAPE PROJECT; AWARD THE MCVICKER CANYON SKATE PARK LANDSCAPE PROJECT CONTRACT TO M.R. BRACEY, INC. FOR $182,636; AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE CONTRACT. Councilman Schiffner noted that McVicker Park was not making money either. 5. 2003/2004 Equ~ment Replacement Program -Two Tractors -Powerland Equipment. Mayor Pro Tem Kelley noted that she pulled this item, as there had been considerable discussion at the meeting earlier. Mayor~Buckley noted that the intent of this item was to buy or lease mowers and tractors. He explained that bids came in, one from Johnson machinery in the amount of 221,000 and Powerland Equipment in the amount of 217,034. He indicated that there was a concern that there had been a mistake in adding them up, and the cost would be less to lease. ~..rr A~EidDA ITEM NO.~=~ PAGE „„~,1 ~ (~ ~. -_, ~ Page Fifteen -City Council Minutes -December 9, 2003 City Treasurer Weber noted that there was some ambiguity in the way the lease was put out to bid, as it stated in the bid, that there was alease-option to buy after the last payments. He indicated that Powerland Equipment wrote it as an amortization over five years, but after the term, the equipment was paid for and the City would own it outright. He further indicated that in contract, Johnson made it like a car lease, which would not have penalties if the City decided to buy the equipment. He stressed the ambiguity between the two. He suggested that staff's recommendation to go with Powerland would seem to be about $47,000 more. He commented that the bids were not very solid and both had issues. He indicated that it was important to make it more clear as to what the bids are asking for. He commented that the City Manager was making efforts to correct the issues for the next bidding. Councilman Schiffner requested a report from Public Works Manager Payne on this item. City Manager Watenpaugh interjected that Mr. Weber was correct, but the information he received had come in three weeks after the bids were opened. He indicated that staff would throw out the bids and rebid the equipment. He clarified that there was no room for negotiation after the bids were opened. He indicated that staff would get the r-- Treasurer's participation up-front in the future. He commented that the bidders should call if there was any confusion with the bids. MOVED BY KELLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO REJECT ALL BIDS AND REBID THE EQUIPMENT. 6. Request for No Parking School Days at the Tuscany Hills Elementary School - Resolution No. 2003-60. Councilman Hickman indicated that he pulled this item due to the increase in the number of kids walking to school and the increase in traffic. He requested that staff also reconsider the stop sign on Summerhill, because it was becoming very dangerous. Mayor Buckley asked Police Chief Walsh if a traffic study would be necessary and whether the warrants would justify it. Police Chief Walsh indicated that the warrants were not adequate; as a study would be needed to determine the amount of traffic, so the Traffic Engineer would need to address it. City Manager Watenpaugh questioned the cost for such a study. Community Development Director Brady indicated that the study would be $400 to $500. MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO CONDUCT A TRAFFIC STUDY AND ADOPT RESOLUTION N0.2003-60. Afi4E1dDA ITEM NO. ~~ a ~- PAGE ~1= .-- OF Page Sixteen -City Council Minutes -December 9, 2003 RESOLUTION N0.2003-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS (PONTE RUSSO). 7. Approval of Final Map 30754-1 Pardee Homes Inc. Councilman Magee indicated that he pulled this item as it was originally reviewed and approved before he joined the Council and noted that he would abstain from voting on this item. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH MAGEE ABSTAINING TO APPROVE THE FINAL MAP, SUBJECT TO THE CITY ENGINEER'S ACCEPTANCE AS BEING TRUE AND CORRECT, ACCEPTED ALL DEDICATIONS AT THE TIME OF RECORDATION, AND AUTHORIZED THE CITY CLERK TO SIGN THE MAP AND ARRANGE FOR RECORDATION. 8. P1aYground Safety Inspections -Repairs/Replacements. Councilman Hickman noted that the City had hired four maintenance people, and suggested doing this work in-house. He questioned what those staff members were doing since lawn mowers were not yet purchased. He inquired if they new employees could do these repairs. Parks & Open Space Manager Fazzio clarified that the State requires State certified people to work on the equipment. Councilman Hickman noted that sand in Tuscany Hills park had to be pulled to allow for wheelchair access and replaced with wood chips. Mr. Fazzio indicated that the requirement was for a resilient surface. City Treasurer Weber questioned what it would require to get State certified. Mr. Fazzio indicated that it would take about a 3 day training course. City Treasurer Weber questioned the cost of that training. Mr. Fazzio indicated that it would be about $400. City Manager Watenpaugh advised that they would assume the responsibility when they did the repairs. City Treasurer Weber inquired if someone was hurt if the City would be protected. City Manager Watenpaugh indicated that if the playgrounds were inspected annually and the repairs were made, the City would not be liable. City Treasurer Weber expressed disbelief that the City would not get sued. City Attorney Leibold noted that there were governmental immunities for following appropriate procedures. ...r- AQENDA FTEM NO. ~~ PAGE ~ 6 aF~ ~" Page Seventeen -City Council Minutes -December 9, 2003 Councilman Magee addressed graffiti and noted his comments at the agenda review. He commented that each park had an item of graffiti on it, and noted that graffiti was a daily occurrence and staff was cleaning it up every day. City Manager Watenpaugh noted the sprinkler repairs at McVicker Park and noted that sprinkler heads were damaged with baseball bats. Parks & Open Space Manager Fazzio concurred that there was a lot of vandalism. Councilman Hickman suggested that the police go by more often. Councilman Hickman questioned the potential for getting sued either way. City Attorney Leibold concurred that cities were the targets of litigation, but reiterated that there were governmental immunities. She noted as an example curbs and sidewalks, .and indicated that if there was proper maintenance, there were immunities. Councilman Hickman questioned the City Attorney's recommendations to prevent liability. City Attorney Leibold suggested a motion as recommended and request that staff look at certification of City staff. ~ MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE ALL NECESSARY REPAIRS/REPLACEMENT TO BE MADE TO PLAY EQUIPMENT SPECIFIED BY PLAYGROUND SERVICE COMPANY TO COMPLY WITH STATE REGULATIONS, AND ALLOCATED THE NECESSARY FUNDS FROM THE CITY'S GENERAL FUND RESERVE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:41 P.M. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES Lorraine Watts, 210 N. Scrivener, expressed concern with the Railroad Canyon/I-15 intersection, and the delays experienced in the area. Mayor Buckley inquired if the City could address the off- ramps. City Manager Watenpaugh indicated that he would meet with Mrs. Watts. And check with Caltrans. Lt. Col. Paula Graver, 218 Ellis, presented a holiday reminder from military personnel to the theme of the Night Before Christmas. She stressed remembrance of the military heroes in the Christmas season. ,~-~ AoEidDA ITEM NO. __`,..~~ PAGE ` ! OF„~? ~ Page Eighteen -City Council Minutes -December 9, 2003 CITY MANAGER COMMENTS City Manager Watenpaugh had no comments, but congratulated the City Council on their first meeting in new capacities. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Indicated that last Friday in the Water Not Promises Case, Judge Trask denied the request for a Writ of Mandate for Environmental Review. She determined that CEQA had been complied with and no more analysis was required. She indicated that this was good news for the City and the Water District. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Indicated that with regard to the playground inspection company, when the benefit to cost study was done, he would be interested in the results. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Offered kudos to City staff and the citizens of Lake Elsinore on Winterfest and the Tree Lighting. 2) Noted that he had hoped to coerce Pete Dawson into another boat parade. 3) Thanked Rick Mann for the opportunity to serve Thanksgiving Dinner to the homeless. He noted that he would also supply dinner and gifts to people on December 22"d from 2 p.m. to 8 p.m., and commented that they had purchased 250 gifts. He invited others to participate in delivering or serving meals on Christmas. ~.r A~idDA ITEM NO. ~ ' C PAGE,,,,~,~ OF •1 Page Nineteen -City Council Minutes -December 9, 2003 4) Thanked the Chamber of Commerce for their work and looked forward to another year. 5) Noted that there would also be a meal and gifts at the Vineyard Church on Graham. 6) Wished everyone a Merry Christmas and a Happy New Year. 7) Thanked EVMWD for the $200 donation to the EVCAP cameras and noted the efforts for the photo contest. Councilman Magee commented on the following: l) Requested that the Mayor consider forming a Business Development Committee and placing it on the next agenda. He suggested that the Committee could review the efforts of staff and the Chamber with regard to business attraction; and get business leaders working with staff and the chamber to improve the outreach program. He indicated that he would like each member of the Council to have an appointee to that committee. 2) Indicated that tomorrow night at 9 p.m., Comcast would be airing the swearing in program, and reaffirming the greatest system on earth, being the democratic process. He noted that there would also be other opportunities to view the program. 3) Thanked Mr. O'Neal for his comments regarding protocol. 4) Inquired of Mr. Fleming, where the boat dock was located. Mayor Pro Tem Kelley wished everyone a Merry Christmas. Councilman Schiffner commented on the following: 1) Welcomed the new employees to the City, and noted that it was not a bad place of work. 2) Noted that Pete Dawson was not present, but must have heard the news that the City won. 3) Wished everyone a Merry Christmas. At~iEt~A 17'EM NO. ,~,~,~ PAGE ~ OF -®..._ Page Twenty- City Council Minutes -December 9, 2003 Mayor Buckley commented on the following: 1) Announced the Support Our Troops rallies on Saturdays, noting that Decmeber 27th would be a special Rally at which people could meet some of the military personnel who have returned. 2) Thanked everyone for the success of the Thanksgiving Feast hosted by Ms. Graver and noted that they would be doing it again for Christmas Eve. 3) Noted the Heritage Home Tour on Saturday from 10 a.m. to 3 p.m..,noting that it was $20 per person for the six houses on the tour. 4) Indicated that there would be free pictures with Santa on December 13tH and 20tH from Noon to 2 p.m. at Main/Graham. 5) Announced the following upcoming events: December 13th -Breakfast with Santa December 13th -Native American Drum Show at the End of the Trail Traders ~'~`` December 17th -Santa and Gingerbread Houses at the Library 6) Indicated that the Business Persons Committee was a great idea and suggested an outline of the parameters to include modifying the fast track processes for the first meeting in January. He suggested appointments at the same time the parameters were approved. 7) Asked City Manager Watenpaugh about the Lake Elsinore Advanced Pump Storage Project Response Deadline of December 17th. City Manager Watenpaugh indicated that he would check on it. Mayor Buckley stressed the importance of keeping the City's foot in the door. 8) Indicated that the Riverside County Mayors met with Senator Feinstein today after her speech and discussed the need for proper growth. He summarized that the Western Riverside County cities needed to grow responsibly and not strangle themselves. 9) Addressed Sacramento and the Vehicle License Fees, noting that they had been trimmed, but it appeared that the legislature had not put the money back as promised. He noted the potential for losses in future years. City Manager A{i11=id0A ITEM NO. PAGE 2~ OF °1 ~' ~../~'` Page Twenty-One -City Council Minutes -December 9, 2003 Watenpaugh indicated that the City will loose money this year, but had planned for it. He indicated that as soon as the numbers were known he would advise the Council. He commented that the City should be fine this year, but would be impacted in the future. He expressed hopes that the communities would get angry enough to get results and keep Sacramento away from the money. 10) Inquired if it would be possible to do the mid-year budget review the week of January 20`". City Manager Watenpaugh indicated that should be fine, but advised that he would verify that those dates were open. 11) Advised that he had requested that staff measure the space on the Dias to move the City Treasurer up. 12) Indicated that all members of the Council needed copies of Roberts Rules of Order and cheat sheets or translations for local meetings. He also suggested the ~ possibility of a refresher course on parliamentary procedure over the course of the next year. He encouraged more open debate at the Dias, and noted that there would be some really important issues to be debated. 13) Noted the Study Session on December I7~' regarding the MSHCP, and noted it was a very important issue with lots of information. He expressed hopes that everyone could attend, participate and consider it over the holidays for further discussion in January. 14) Thanked everyone for their attendance at this meeting and wished everyone Happy Holidays. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 9:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:30 P.M. City Attorney Leibold reported on reportable action from the Closed Session discussion. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:31 P.M. AGENDA ITEM NO. ®~ PAGE ~- , OF °t ~` Page Twenty-Two -City Council Minutes -December 9, 2003 THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE ATTEST VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE ...r ~-~Ei~3A ITEM NO. _.1~-.- PAGE ~ ~ ~ ~`