HomeMy WebLinkAbout04-25-2000 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, APRIL 25, 2000
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Brinley
at 7:02 p.m.
PLEDGE OF ALLEGIANCE
City Manager Watenpaugh led the Pledge of Allegiance.
INVOCATION
Pastor Sandoval, representing Vineyard Christian Fellowship provided the
Invocation.
ROLL CALL
PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE,
SCHIFFNER, BRINLEY
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Watenpaugh, Assistant City Manager
Best, City Attorney Leibold, Administrative Services Director Boone,
Community Development Director Brady, Community Services Director
Sapp, Police Lieutenant Mendoza, City Engineer O'Donnell and Deputy
City Clerk Bryning.
PRESENTATIONS
a. Recoanition of Lake Elsinore Police Department. (Ft' 12-7.2)
Mayor Brinley read a proclamation recognizing the Lake Elsinore
Police Department and presented the proclamation to Police
Lieutenant Mendoza. She commended the Police Department for
their hard work and good leadership. Police Lieutenant Mendoza
thanked the Mayor for Council recognition. She then presented
Certificates of Merit for Outstanding Achievement to the following
Officers and organization:
Deputy Greg Bradley
Deputy Michael Driever
Deputy Darin Gray
Sr. Deputy Seth Hartnett
Deputy Audrey Haug
PAGE TWO - CITY COUNCIL MINUTES - APRIL 25, 2000
Deputy Jess Orona
Deputy Brett Pinson
Deputy Robert Rose
Deputy William Stens
Deputy Robert Thompson
Lake Elsinore Marine Search and Rescue
She thanked all the attending Officers and LEMSAR for their
dedication and efforts.
b. Proclamation - Brain Tumor Awareness Week. (F: 122.1)
Mayor Brinley called Brian Larsen forward for presentation.
Mayor Brinley read and presented the proclamation to Brian
Larsen. Brian Larsen accepted the proclamation for Brain Tumor
Awareness Week and commended his 2'd grade teacher.
Proclamation - Motorcycle Awareness Week. (F: 122.1)
Mayor Brinley called the representatives of ABATE forward for
presentation. Mayor Brinley read and presented the Proclamation
to Local Chapter 27. A representative of Chapter 27 accepted the
proclamation and reminded the audience that May 12th, 13th, and
14th will be ABATE's event for Motor Cycle Awareness and the
representative presented a Certificate of Appreciation to the City
Council.
PUBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address the following item and deferred to that
discussion:
Item No. 6
CONSENT CALENDAR ITEMS
The following item was pulled from the Consent Calendar:
Item No. 6
MOVED BY KELLEY, SECONDED BY METZE AND CARRIED
BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE
CONSENT CALENDAR AS PRESENTED.
The following Minutes were approved:
a. Regular City Council Meeting - April 11, 2000.
b. Special City Council Meeting - April 11, 2000. (F: 44.4)
PAGE THREE - CITY COUNCIL MEETING - APRIL 25, 2000
The following Minutes were received and ordered filed:
a. Planning Commission Meeting - April 5, 2000. (F: 60.3)
b. Design Review Committee Meeting - April 5, 2000. (F: 60.4)
2. Ratified Warrant List for April 13, 2000. (F: 12.3)
3. Rejected and referred to Claims Administrator for handling, the
Claims Against the City submitted on behalf of Melissa
ChapDelaine (CL #2000 -6), Lois Washington (CL# 2000 -7), and
Jose and Maria Corona (CL# 200 -8). (F: 52.2)
4. Approved the Amendment to the Agreement for Professional
Services with Economics and Politics, Inc., extending the time
frame of the agreement to January 15, 2001. (F: 68.1)
Approved public hearing date of May 9, 2000, for the following:
a. Tentative Tract Map No. 29568 - Pardee Construction
"Cottonwood Hills Specific Plan ". (F: 160.2) (x: 150.2)
A request for a resubdivision of approximately 10.7 acres of
vacant land into 45 numbered residential lots and 1 lettered
lot designated open space pursuant to the requirements of the
Cottonwood Hills Specific Plan and Section 16.24 of the
Lake Elsinore Municipal Code. The subject site is entirely
within Finaled Tract Map No. 25274. The proposed project
is located at the northeast corner of the intersection of
Cottonwood Hills Road and Lost Road within Finaled Tract
Map No. 25274. The Cottonwood Hills Specific Plan
identifies the subject area as Planning Area II.
PUBLIC HEARING
21. Vesting Tentative Tract Map No. 23848 -14, Amendment No. 1,
"Cottonwood Hills Specific Plan ", Pardee Construction Company.
(F: 160.2) (X: 150.2)
City Manager Watenpaugh gave an overview of the project and
explained that the project was continued at Planning Commission
level to resolve some concerns and would be heard by Planning
Commission on May 3, 2000; so staff was requesting a continuance
to May 23, 2000.
MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE TO CONTINUE VESTING TENTATIVE
TRACT MAP NO. 23848-14, AMENDMENT NO.1,
"COTTONWOOD HILLS SPECIFIC PLAN ", PARDEE
CONSTRUCTION COMPANY, TO MAY 23, 2000.
PAGE FOUR - CITY COUNCIL MINUTES - APRIL 25, 2000
22. An Ordinance of the City Council of the City of Lake Elsinore
Establishing Regulations for Fortunetelling Uses. (F: 34.1)
City Manager Watenpaugh noted that in May, 1999, the City
Council placed a moratorium on Fortunetelling until issues with the
Lake Elsinore Municipal Code could be resolved and put in
conformance with State and Federal Law. He explained that what
was before Council was a revised Ordinance establishing
regulations for the establishment of Fortunetelling business.
Community Development Director Brady gave an overview of the
history of the previous Ordinance, which prohibited Fortunetelling
and noted that Fortunetelling can no longer be prohibited, but
regulations along with zoning can be adopted to protect public
safety, health and welfare. He noted that the new Ordinance would
repeal Section 9.64 of the existing prohibition and would establish
Fortunetelling regulations in its place. He noted that the regulations
would include the requirement of a police investigation of the
applicants; a one year permit; and a bond in the amount of $10,000
would have to be posted as part of the application process. He
stated that staff also reviewed the appropriate zones for
Fortunetelling uses and staff feels that the C -2 Zone (Commercial
Zone) would be the most compatible for Fortunetelling use. He
explained that C -2 Zones are typically located along major arterial
streets and are usually not adjacent to residential area and would be
the most compatible area to locate Fortunetelling establishments.
He stated that staff recommends approval of Ordinance No. 1064.
He asked that one correction be made to Section 9.64. 110 to read
9.64.120 instead of 9.64.090.
Mayor Brinley opened the Public Hearing at 7:28 p.m., asking
those persons interested in this item to speak.
Hearing no requests to speak, the Public Hearing was closed at 7:29
p.m.
Councilman Metze asked the City Attorney to clarify Section
9.64.020 " Fortunetelling does not include forecasting based on
historical trends or patterns ". City Attorney Leibold stated that this
addressed public events, such as historical trends, droughts, wars,
etc. Councilman Metze questioned if employees are required to
meet the criteria and felt that they should be listed on the permit.
Community Development Director Brady explained that Section
9.64.050 requires that each person meet the permit application
requirements. City Attorney Leibold explained that 9.64.030 states
that no person shall conduct or participate in the business of
Fortunetelling without a permit. Councilman Metze noted that
there should be a sign that states that patrons have the right to
PAGE FIVE - CITY COUNCIL MEETING - APRIL 25, 2000
record sessions posted and the Business Permit as well, be posted in
plain view. Community Development Director Brady suggested
that wording be added to Section 9.64.090 stating that the permits
would have to be displayed inside the location in clear view of the
public and Section 9.64.090 -Right to Record Session, have a
sentence added to the effect "A sign shall be posted notifying
customers that they have the right to record Sessions ". He
suggested that the minimum size of letters for the signs be 1/2 inch
in size. City Attorney Leibold explained that typically there is a
minimum height for lettering and be of uniform size and not less
than 1/2 inch in size and should parallel the verbiage in the
Ordinance, stating something to the effect that "Patrons may record
the audio or visual portion of any private or semiprivate Session.
LEMC Section 9.64.110." Councilman Metze stressed that this
should be part of the Motion.
Councilwoman Kelley noted that this is the type of business that
does not require a large capital outlay to start up, and because it
requires so little capital, it could be very transient in nature and it
was up to the City Council to protect it's citizens and the City. She
stated her concern with signage, since enforcement could become a
problem.
Mayor Pro Tem Pape stated that part of what the Ordinance
addressed was reducing the risk of fraud and larceny to the City's
residents and discourages the less than honest Fortunetellers. He
noted the different forms of Fortunetelling and defined each listed
in Section 9.64.070. He stated that he would like to see a sign
posted that stated that the service was for entertainment value only,
however the City Attorney advised that this could not be done. He
stated that in his opinion it is all fraud, however Council will try to
protect people the best they can and make sure that the public
knows they have the right to record the session, as well as the
practitioners going through a background check and posting a bond.
He noted that posting a permit in plain view would allow the patron
to know the real name of the practitioner.
Councilman Schiffner stated that he cannot totally disagree with
Mayor Pro Tern Pape's opinion of this type of business, however
there are a lot of people that take Fortunetelling very seriously,
therefore he felt that he had to respect their desire to participate in
this type of business. He stated that he felt that the Ordinance was
designed to protect the people that do wish to get involved.
Mayor Brinley stated that she feels that the City Attorney and staff
have done the best that they can to protect those that wish to be
patrons of this type of business.
PAGE SIX - CITY COUNCIL MINUTES - APRIL 25, 2000
MOVED BY KELLEY, SECONDED BY METZE TO ADOPT
ORDINANCE NO. 1064 UPON FIRST READING BY TITLE ONLY
WITH THE ADDITION OF AMENDMENTS TO SECTION
9.64.090 "PERMITS TO BE DISPLAYED INSIDE LOCATION IN
CLEAR VIEW OF PUBLIC AND SECTION 9.64.090 "A SIGN
SHALL BE POSTED NOTIFYING PATRONS THAT THEY MAY
RECORD THE AUDIO OR VISUAL PORTION OF ANY PRIVATE
OR SEMIPRIVATE SESSION IN LETTERING NOT LESS THAN
ONE -HALF INCH IN SIZE ".
ORDINANCE NO. 1064
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, REPEALING THE
EXISTING CHAPTER 9.64 ( "FORTUNETELLING ") IN IT'S
ENTIRETY AND ADDING A NEW CHAPTER 9.64
(FORTUNETELLING ").
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE,
SCHIFFNER, BRINLEY
NOES: ` COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1063 relating to Lake
Regulations. (F: 92.1)
City Manager Watenpaugh noted that Ordinance No. 1063 amends
the previous Ordinance to allow the Lake Elsinore Princess access
to the Lake, since it is a vessel larger than 30 feet; allow the
Princess the ability to go out of the traffic pattern if necessary; and
allow the Princess the right to operate at night.
MOVED BY PAPE, SECONDED BY KELLEY TO ADOPT
ORDINANCE NO. 1063 UPON SECOND READING BY TITLE
ONLY:
ORDINANCE NO. 1063
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING
PAGE SEVEN - CITY COUNCIL MEETING - APRIL 25, 2000
SECTIONS 9.96.030, 9.96.0809 9.96.130, 9.96.180 AND
ADDING SECTION 9.96.125 TO SAFETY REGULATIONS:
USE OF PORTIONS OF LAKE ELSINORE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE,
SCHIFFNER, BRINLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
32. Commercial Project No. 00 -1 for "Say -on" located at 31700 East
Lakeshore Drive (APN 363 - 230 -071). (F: 58.2)
City Manager Watenpaugh gave an overview of the project and
noted that it is a request for relocation of an existing store in a
shopping center to a stand -alone facility.
Community Development Director Brady explained that the request
is for a new "Sav -on" Drug Store to be located across the street
from the existing "Sav -on" and will be approximately 1,500 square
feet in size. He noted that it appeared before Planning Commission
on April 5, 2000, for a Conditional Use Permit as well as Design
Review. He further explained that the CUP was for a drive -thru
pharmacy, and was not an issue. He noted that the requirements for
a covered drive -thru are the same as for fast foods facilities and
"Sav -on" has agreed. He stated that staff recommends approval of
Commercial Project No. 00 -1, based on the recommended Findings
and Conditions of Approval.
Councilwoman Kelley stated that she had no problems with the
proj ect.
Councilman Schiffner commented that he had no problems with the
proposed project, however he was concerned about the building
that would become vacant when they move.
Councilman Metze asked to see the exhibits of the facility and
suggested some minor changes to the west elevation by adding
some ornamental stucco frames with tiles to add interest to that
area. The applicant agreed.
PAGE EIGHT - CITY COUNCIL MEETING - APRIL 25, 2000
Mayor Pro Tern Pape commented on the new location and noted
that it is directly across the street from the current location.
Mayor Brinley questioned the shopping cart storage. Community
Development Director Brady stated that it would be inside.
MOVED BY SCHIFFNER, SECONDED BY METZE AND
CARRIED BY UNANIMOUS VOTE TO APPROVE
COMMERCIAL PROJECT NO. 00 -1, WITH THE ADDITION OF
EMBELLISHMENT ON THE WEST ELEVATION AS
APPROVED BY THE COMMUNITY DEVELOPMENT
DIRECTOR AND BASED ON FINDINGS AND CONDITIONS OF
APPROVAL AS FOLLOWS:
FINDINGS
1. Subject to the attached Conditions of Approval, the proposed project is
not anticipated to result in any significant adverse environmental
impacts.
2. The project as conditioned complies with the Goals, Objectives and
Policies of the General Plan and the Zoning District in which it is
located.
3. This project complies with the design directives contained in Chapter
17.82.060 and all other applicable provisions of the Lake Elsinore
Municipal Code.
4. Conditions and safeguards pursuant to Section 17.82.070, including
guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the subject project to ensure
development of the property in accordance with the Objectives of
Chapter 17.82 and the planning district in which the site is located.
PLANNING DIVISION CONDITIONS
1. Design Review approval for Commercial Project No. 00 -1, and
Conditional Use Permit 00 -3 will lapse and be void unless building
permits are issued within one (1) year of City Council approval. An
extension of time, up to one (1) year per extension, may be granted by
the Community Development Director prior to the expiration of the
initial Design Review approval upon application by the developer one
(1) month prior to expiration.
2. These Conditions of Approval shall be reproduced upon Page One of
the Building Plans prior to their acceptance by the Building and Safety
Division.
PAGE NINE - CITY COUNCIL MINUTES - APRIL 25, 2000
3. All site improvements shall be constructed as indicated on the
approved site plan and elevations. Revisions to approved site plans or
building elevations shall be subject to the discretion of the Community
Development Director. All plans submitted for Building Division Plan
Check shall conform with the submitted plans or as modified by
Conditions of Approval, or the Planning Commission through
subsequent action.
4. Materials and colors depicted on the elevations and Materials Board
shall be used unless modified by these conditions, or the applicant with
approval by the Community Development Director or his designee.
5. Prior to issuance of any building permits, the applicant shall sign and
complete an "Acknowledgement of Conditions" and shall return the
executed original to the Community Development Department for
inclusion in the case records.
6. Applicant shall meet all Conditions of Approval prior to the issuance
of a Certificate of Occupancy and release of utilities.
7. Applicant is to meet all applicable City Codes and Ordinances
including State handicap requirements.
8. Applicant is
requirements.
9. Applicant is
requirements.
to meet all Riverside County Health Department
to meet all Riverside County Fire Department
10.No outdoor storage shall be allowed.
11.Trash enclosures shall be constructed per City standards as approved
by the Community Development Director or designee, prior to
issuance of Certificate of Occupancy.
12.All roof ladders and electrical panels shall be located within the
interior of the building or in specially designed areas concealed from
public right -of -way view.
13.Applicant shall use roofing materials with Class "A" fire rating.
14.Brick pavers or texture pavement treatments shall be located at the
driveway approach and crosswalks.
15.All roof mounted or ground support air conditioning units or other
mechanical equipment incidental to development shall be
architecturally screened so that they are not visible from neighboring
PAGE TEN - CITY COUNCIL MINUTES - APRIL 25, 2000
property, public streets and Interstate 15. A screening plan, if
determined necessary, shall be approved by the Community
Development Director or designee prior to issuance of building
permit.
16.All exterior downspouts shall be constructed within the interior of the
building or concealed from public right -of -way view.
17.The final landscaping /irrigation plans are to be submitted to the City's
Landscape Architect Consultant and the Community Development
Director or Designee, prior to issuance of building permit. A
Landscape Plan Check Fee and Inspection Fee will be charged for this
service.
a) All planting areas shall have permanent and automatic
sprinkler system with 100% plant and grass coverage using a
combination of drip and conventional irrigation methods.
b) The applicant shall plant street trees selected from the City's
Street Tree List, a maximum of thirty feet (30') apart and at
least twenty -four inch (24 ") box. On areas were screening, is
necessary trees shall be at least thirty six -inch (36 ") box size.
c) All planting areas shall be separated from paved areas with a
six -inch (6 ") high and six -inch (6 ") wide concrete curb.
d) Planting within fifteen feet (15) of ingress /egress points shall
be no higher than thirty -six inches (36 ").
e) Landscape planters shall be planted with an appropriate
parking lot shade tree to provide for 50% parking lot shading
in fifteen (15) years.
f) Any transformers and mechanical or electrical equipment
shall be indicated on landscape plan and screened as part of
the landscaping plan.
g) The landscape plan shall provide for ground cover, shrubs,
and trees and meet all requirements of the City's adopted
Landscape Guidelines. Special attention to the use of
Xeriscape or drought resistant plantings with combination
drip irrigation system to be used to prevent excessive
watering.
h) A bond for 100% of material and labor for two (2) years
from the date of Certificate of Occupancy shall be provided
by the applicant.
PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 25, 2000
i) All landscaping and irrigation shall be installed within
affected portion of any phase at the time a Certificate of
Occupancy is requested for any building. All planting areas
shall include plantings in the Xeriscape concept, drought
tolerant grasses and plants.
j) Final landscape plans must be consistent with approved site
plan.
k) Final landscape plans shall incorporate water conservation
and meet the AB 325 Standards.
18.All exposed slopes in excess of three feet (3') in height shall have a
permanent irrigation system and erosion control vegetation installed,
approved by the Planning Division.
19.The project shall connect to sewer and meet all requirements of the
Elsinore Valley Municipal Water District (EVMWD). Applicant shall
submit water and sewer plans to the EVMWD and shall incorporate all
district conditions and standards.
20.All exterior on -site lighting shall be shielded and directed on -site so as
not to create glare onto neighboring property and streets or allow
illumination above the horizontal plane of the fixture.
21.All loading zones shall be clearly marked with yellow striping and
shall meet City Standards for loading zones.
22.Planning Division shall approve all trailers utilized during
construction. Appropriate bonds shall be posted to insure removal of
all trailers at development completion.
23.0n -site surface drainage shall not cross sidewalks.
24.A11 vending machines, tables, kid's rides, newspaper racks, telephones
and similar devices, if proposed, shall be concealed from view with a
structure consistent with the building design. These items shall be
approved by the Community Development Director or designee prior
to their installation.
25.The applicant shall submit a graffiti removal program. This program
shall include methods for immediate graffiti removal and shall be
subject to the approval of the Community Development Director or
Designee.
26.The applicant shall submit a sign program complying with the LEMC
and subject to the approval of the Planning Commission.
PAGE TWELVE - CITY COUNCIL MINUTES APRIL 25, 2000
27.A 6' wrought iron fence to match the existing fence on the easterly
boundary line is required along the westerly boundary line.
ENGINEERING DIVISION CONDITIONS
28.All Public Works requirements shall be complied with as a condition
of development as specified in the Lake Elsinore Municipal Code
(LEMC) prior to building permit.
29.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res.
85 -26).
30.Submit a "Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements
have been made for this project. Submit this letter prior to applying
for a building permit.
31.Construct all public works improvements per approved street plans
(LEMC Title 12). Plans must be approved and signed by the City
Engineer prior to issuance of building permit (LEMC 16.34).
32.If the existing street improvements are to be modified, the existing
street plans on file shall be modified accordingly and approved by the
City Engineer prior to issuance of building permit. An encroachment
permit will be required to do the work.
33.The applicant shall furnish a signing and striping plan prepared by a
Calif Registered engineer for Lakeshore Dr. and Casino Dr. subject to
the approval of the City Engineer, prior to building permit. The
driveway centerline for the site on Lakeshore Dr. shall align with the
driveway centerline on the west side of Lakeshore Dr.
34.Pay all fees and meet requirements of an encroachment permit issued
by the Engineering Division for construction of off -site public works
improvements (LEMC12.08, Res.83 -78). All fees and requirements for
an encroachment permit shall be fulfilled before Certificate of
Occupancy.
35.1f grading exceeds 50 cubic yards, grading plans shall be prepared by a
Calif. Registered Civil Engineer and approved prior to grading permit
issuance. Prior to any grading, the applicant shall obtain a grading
permit and post appropriate security.
36.0n -site drainage shall be conveyed to a public facility or accepted by
adjacent property owners by a letter of drainage acceptance or
conveyed to a drainage easement.
PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 25, 2000
37.All natural drainage traversing the site shall be conveyed through the
site, or shall be collected and conveyed by a method approved by the
City Engineer.
38.Roofs must drain to a landscaped area.
39. Developer shall prepare plans for the construction of riverbank
protection along the bank of the San Jacinto River based on a
hydraulic report prepared by the applicant to be approved by the City
Engineer prior to issuance of building permits. Riverbank
improvements shall be installed prior to certificate of occupancy.
40.The applicant shall record a document that provides for irrevocable
reciprocal circulation for ingress and egress, parking and landscaping
maintenance in favor of this lot and the adjacent lot. It shall also
enforce participation in landscape maintenance. The document shall be
approved by the Community Development Director and shall be
recorded prior to building permit.
41.Developer shall contribute $30,000 towards the cost of future
improvements at I -15 freeway and Railroad Canyon Road interchange.
42.The applicant shall meet all requirements and obtain any permits Calif.
Fish and Game that are necessary for this project.
33. Summer Concert Series. (F: 62.1)
City Manager Watenpaugh noted that this was a request from
Elsinore Valley Arts Network (EVAN) for staff support for the
Summer Concert Series. He noted that this request was not for cash
funding, but rather for the staff to set up the stage and lighting. He
further noted that EVAN would be doing all the fundraisers for the
different functions and the request was for staff time only. He gave
an overview of the proposed upcoming events.
Councilwoman Kelley commented on the concert by the Riverside
Philharmonic last year and noted that it was a great success at no
cost to the City. She noted that this year the Concert Series would
be expanded and gave an overview of the upcoming events. She
further noted that it would allow a mixed genre that would have
appeal for different audiences. She announced that the events
would be at McVicker Park from 7 -9 and encouraged everyone to
attend and bring low -back chairs for seating. She stated that she
felt that this would have positive effect on the City and would be of
benefit to everyone. Councilwoman Kelley stated that the only
thing that EVAN couldn't handle was the stage set -up and lighting.
She asked that the City Council approve staff support for the event.
PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 25, 2000
Mayor Brinley questioned if Temecula was planning concerts this
year. Councilwoman Kelley stated they were not and that Lake
Elsinore had an exclusive. She noted that EVAN would be able to
advertise throughout the entire Valley and draw from out side the
area.
City Manager Watenpaugh stated that staff would also recommend
that Council waive LEMC 8.40.040 and allow alcohol to be sold at
the park on the specified concert dates. Councilwoman Kelley
stated that dessert and other beverages will be available as well.
Councilman Schiffner commented that he enjoyed the Philharmonic
Concert last year and felt that it would be sad if the City could not
afford staff time to assist in these efforts, since they offer so much
to the community.
Councilman Metze noted the benefit to the City being listed as a
sponsor. He further noted the assistance and support EVAN has
given the City's events and felt that this was a good time to lend
assistance to them.
Mayor Pro Tern Pape stated that the issue was not hard dollars, but
rather staff time and he felt that it was a good thing for the City to
do. He noted that this gives the residents of the City an opportunity
to experience live music and introduce their children to different
types of music.
Mayor Brinley concurred with Council and noted the assistance that
EVAN has given the City and stated that she had no problems with
approving staff assistance. She commended Councilwoman Kelley
and EVAN for the good job they did last year with the
Philharmonic and stated she was looking forward to this year's
events.
MOVED BY KELLEY, SECONDED BY METZE AND CARRIED
BY UNANIMOUS VOTE TO CO- SPONSOR THE CONCERT
SERIES BY AUTHORIZING LIMITED STAFF TIME NOT TO
EXCEED $3,500 AND USE OF MC VICKER PARK ON THE
CONCERT DATES; WAIVE LAKE ELSINORE MUNICIPAL
CODE 8.40.040 AND ALLOW ALCOHOL TO BE SOLD AT THE
PARK ON THE SPECIFIED CONCERT DATES.
ITEMS PULLED FROM THE CONSENT CALENDAR
6. Funding New Position. (F: 116.1) (X: 46.1)
City Manager Watenpaugh explained the item was a request from
staff to fund a new position. He noted that for the last three years
PAGE FIFTEEN - CITY COUNCIL MINUTES - APRIL 25, 2000
there has been discussion in regard to an Information/
Communication/Public Relations position in the City. He stated
that the City has a need for this position and it was not just a Public
Relations position, but much more. He noted that it would be
approximately $114,000 annually for salary and benefits. Mayor
Pro Tern Pape asked City Manager Watenpaugh to read the job
description. City Manager Watenpaugh detailed the proposed
position of Information/Communication Manager as following:
Administers the City's Computer Maintenance Contract
Administers the City's Copier Maintenance Contract
Responsible for City Wide Technical Information
Coordinates Contracts
Responsible for software upgrades for entire City
Coordination of the GIS System
Responsible for Data Information for Economic
Development
Responsible for Website Monitoring and Web Master
Assist with Recreational Brochure
Assist with layout and reimplementing the City's newsletter
Responsible for Press and Media relations
Responsible for Marketing the City
Assist in Economic Development
Responsible for coordination and assistance in putting
together City wide presentations and workshops
Assist with dedications and groundbreakings
Responsible for the promotions of Special Events
Responsible for Grants and Grant writing
Develop and promote a proactive media strategy for the City
and the RDA
Assist with other communications, both internal and external
Assist in the promotion of the Financial Plan, City's Budget
process as well as status
Assist in Marketing and Promotion of Proposition 13 projects
that will promote the community and the Lake
City Manager Watenpaugh noted that there were a number of staff
members who have tried to accomplish a number of the items
listed, however the necessary time constraints prevent staff from
focusing on any one of the things listed without taking away from
other assigned and necessary duties.
Barbara Barnard, 29117 Shorecliff Drive, commented that she has
been a resident of the City of Lake Elsinore for over 5 years and
holds a business license as well. She stated that the job list that was
read is really two jobs, which were a CIO and a Public Relations
and Marketing person. She stated that it would be great if one
PAGE SIXTEEN - CITY COUNCIL MINUTES - APRIL 25, 2000
person could do the entire job. She stated that the City does need
the position, however she would like to see a RFP delivered to the
people. She stated that whenever there is an opening, it has been
said that there was no one in Lake Elsinore that was qualified and if
they were, they were much too expensive. She stated that the
people in the City should be given the chance to rebut and given a
chance to match the prices that others give. She stated that it was
important to keep the money in the City. She commented that if a
person was high up in Municipal Government, then that person
should live in the City. She noted that when the parks were closed,
those same people could go home and have other parks their
children could play in, because they did not live in Lake Elsinore.
She noted that this position has changed from anything it has been
in the past. She noted the need for sponsorships, strategic alliances
and various other things that need to be addressed. She
summarized by stating that she felt that all goods, services and
positions should be based on residency and on what you know, and
not who you know. She stated that she has heard that Mark Dennis
has already received the position and she felt that this was not fair
and asked that Council consider allowing qualified people the
opportunity to build and work here.
Chris Hyland, 15191 Wavecrest Drive, stated that she had an
entirely different speech written, however after listening to what the
job description was, she asked what the rest of the staff did or was
going to do. She stated that she thought that the Assistant City
Manager was in the field of Public Relations and disagreed with the
stated salary and benefits for the proposed position. She noted the
number of empty stores and potholes as well as the misspending of
RDA money, she felt that it was hard to justify the position and the
salary that was proposed. She stated her disfavor of car allowances.
She stated that there are a lot of disgruntled people in the City over
this position, especially since the City has just paid out a large
amount in lawsuits, as well as the cost of possible future lawsuits.
She suggested that the Council cut the other staff members' salaries
until $114,000 is met and then nothing would have to be budgeted
from the General Fund.
City Manager Watenpaugh stated that the position in question had
been discussed for a number of years; and this was the time to bring
this position forward to deal with what was going on in the
community and keep the public informed. He noted articles in the
newspapers a City Official was quoted saying that stating that the
City was not going to be able to meet its debt obligations and would
not be able to open the West End Fire Station. He commented that
he does not know what City Official made the statement, however
the new Fire Station is breaking ground and is going forward and
PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 25, 2000
the City has the money to proceed. He noted the lawsuits pending
and stated that the City does stand ready to satisfy them if
necessary. He stated that he stands in support of the position and
noted that the City was in a very positive position and did need this
service.
Mayor Brinley noted that this was not the first time that the City
has hired a Public Relations employee. She noted that Phyllis
Rogers was hired for Public Relations and consequently became the
Assistant City Manager. She commented on the fine job that Ms.
Rogers did marketing the City. She noted that it was time to bring
the position forward again, and she was sure that the City Manager
would pick someone who was well qualified.
Mayor Pro Tem Pape questioned if it was legal to require applicants
to live in the City. City Attorney Leibold stated that there were
limited instances where one official could be required to live in the
City, however generally speaking all City employees cannot be
required to live in the City. She noted that it violates constitutional
rights to travel. She further noted that if there were a health and
safety reason, or heightened public interest in the individual living
in the City for quick response time that in some instances, it has
been upheld, but generally speaking, of widespread management or
lower positions, the requirement to live in the City is not allowed.
Mayor Pro Tem Pape questioned giving preference to bidders on
projects that are located in the City. City Attorney Leibold
explained that in a public works project setting or a public contract,
where,competitive bidding requirements apply, there is not an
allowance for local preference. She noted that in the instance of
employment a City is not subject to the same solicitation process.
She noted that it is a much more subjective evaluation, particularly
at a management level. She further noted that it was based on who
had the best qualifications and variety of other factors could be
introduced and considered in terms of hiring a management level
person. Mayor Pro Tem Pape stated that if the Council approves
the position and funding for it, that ends the Council's involvement
and then it becomes the City Manager's responsibility to find a
person that he thinks will best fill the position and meet the
requirements as outlined. He noted that was the purpose of hiring a
City Manager, since he manages all the staff in the City Hall and
Council does not tell him who they want for a position. He noted
that it was the job of the Council to set the policy by determining if
the Council wishes to have the position and fund for it. He stated
that it was up to the City Manager to make the final selection.
Mayor Pro Tem Pape stated that it had been the policy of Council
to try and improve communications with the residents of the City.
He noted that during his last campaign when he was walking
through various neighborhoods, there were a lot of people in the
community that were not aware of some of the things going on
PAGE EIGHTEEN - CITY COUNCIL MINUTES - APRIL 25, 2000
right in their own neighborhood. He explained that at that time he
addressed this issue to the Manager's Office and as a consequence
an insert was placed in the CR &R billing at no cost; which is the
quarterly newsletter and every citizen gets one to keep them
informed. He noted the Visions and Views program that
Councilwoman Kelley and Mayor Brinley present on a monthly
basis to keep the public informed. He further noted that the City
Council Meetings are televised to keep the public informed. He
stated that because of public information, the Public Relations
position had been discussed for quite some time and now, more
than any other time, it was necessary. He noted the future
construction activity in the City and the changes that will be
occurring on the Lake. He cited a situation where there will be
some major work on Main Street and the businesses on Main Street
were not aware of this. He stressed the need for communication
and information, and the benefits that would occur from good
communications.
Councilwoman Kelley stated that she had asked the City Manager
several months ago if it would be possible to have someone on staff
that could focus on grants. She noted that there are a lot of grant
opportunities that are possible for the City to acquire, however
there has not been staff time to take advantage of the grants. She
noted that just the one job of writing grants would benefit the
community and pay for the position in those benefits. She further
noted her excitement when the City Manager proposed the position.
She stated that a newsletter was a wonderful way to get the
information out to the community and this person could concentrate
on improving the information that is presented. Councilwoman
Kelley stated that she was very excited about the technological
aspect of the position and noted the amount of criticism that the
City has received regarding the website and the position will afford
someone to take care of that problem and keep it updated. She
noted that the position would be working with the JPA and Water
Bond and this would include information that must be organized,
future presentations, and research. She noted that it was vital that it
be done correctly. She expressed her dismay that the newspaper
listed the position as Public Relations, since it is so much more.
Councilman Metze agreed with Mrs. Barnard regarding local
businesses, but noted that the City is required to accept the lowest
bid. He stated that he would like to see local business have an
advantage, however due to State Law the City must accept the
lowest bid. He noted the number of commuters that live in Lake
Elsinore and explained that the City employees are no different. He
asked that Media One put the camera on Tom Buckley of the Press
Enterprise so the community could identify him. He noted the
article in the Press Enterprise by Mr. Buckley regarding the new
position and noted that the majority of quotes in most of his articles
PAGE NINETEEN - CITY COUNCIL MINUTES - APRIL 25, 2000
are from people that did not get elected to Council and are very
negative. He suggested that the public should ask themselves why
the Press Enterprise never asks them a question. He noted the
people that regularly attend the Council Meeting, and further noted
that they are never asked questions. He noted that Mr. Buckley did
not try to contact any of the City Council for their input.
Councilman Metze noted the misinformation that was presented
regarding Fortunetelling businesses. He commented that if the
ACLU felt that the City was in violation, they would inform staff,
however it was the job of Council to protect the citizens and still
stay within the law. He noted that the Press Enterprise did not
place one article in their paper regarding the concerts and has not
informed the public about the positive events that are ongoing. He
noted that the same persons are quoted on the negative side and in
his opinion, that is not fair reporting. He noted the incident on the
Lake presenting the green water with a green lens and the damage
that it did to local businesses. He noted the amount of positive
activities that occur in Lake Elsinore and there is never a mention
of them in the Press Enterprise. He stated that in his opinion Mr.
Buckley was not interested in the City and was more interested in
the County residents and people who can't get elected to City
Council. He noted the events on the Lake and the lack of press
about those events. He stated that the City needs someone who can
get out and promote the City and the positive things that are going
on. He commented on the changes that will occur in the next five
years due to the Water Bond and the great things that will be
happening.
Councilman Schiffner stated that he felt that many of the good
qualities of the area had been a reasonably well kept secret and it is
time to let the cat out of the bag. He further stated that it was time
to let some of the people in Southern California know of the many
things that Lake Elsinore has and will have in the future. He
explained that he felt that the proposed position was more of an
Information Officer, rather than a Public Relations person. He
noted that it has been made very clear that this position will be
addressing a great deal more than Public Relations, since the
position will be designed to provide information to the residents as
well as people outside of the community and this was a very
important part of the position.
Mayor Brinley stated that the person who gets the position would
more than earn their money. She commented that the position was
not new to City and was being reestablished. She noted the many
requirements of the job and suggested that misinformation was
printed in the newspaper. She further noted the amount of work
that will be involved with the position and importance of the
PAGE TWENTY - CITY COUNCIL MINUTES - APRIL 25, 2000
position. She stressed the need for better relations with the press
and felt that this position would give the City the opportunity to
better address its image and present current information.
MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED
BY UNANIMOUS VOTE TO AUTHORIZE A NEW POSITION,
" INFORMATION /COMMUNICATIONS MANAGER ", AND
AUTHORIZE STAFF TO APPROPRIATE THE NECESSARY
FUNDS TO FILL THE POSITION.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED
AT 8:36 P.M.
THE REGULAR CITY COUNCIL MEETING WAS
RECONVENED AT 8:45 P.M.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS
Tammy Walsh, 274 Parkview Place, Gave an overview of the COPS for
KIDS program that Deputy Simmons and Deputy Perry instituted five
years ago. She noted that thanks to the support of the community, at the
end of last year they were able to become a legal Non - Profit Organization.
She commended the community for their participation and assistance, as
well as all the citizens and officers who donate their time to make the
program a success. She stated that on Friday, June 9, 2000, 5:30 to 9:30
p.m., COPS for KIDS would be holding their first benefit and it will be
held at Lake Chevrolet and would be an evening of entertainment and
food. She noted that the price of the ticket would be $25. per person and
encouraged everyone to attend and support this program.
Barbara Cady, Friends of the Library, 32524 Wildomar Rd., announced a
book sale on May 20th, at 600 West Graham, 9:00 a.m. to 3:00 p.m. She
stated that they need children's books. She announced a Friends of the
Library meeting in the Community Room at the Library on May 11, 2000,
at 7:00 p.m. with Supervisor Buster as the speaker. She invited everyone
to attend and become a member.
Pete Dawson, 18010 Grand Avenue, addressed the Lake and water
quality. He noted the low level of the Lake and gave an overview of the
history of the receipt of water. He noted that there were problems with
receipt of water from Lake Hemet and Canyon Lake.
Chris Hyland, 15191 Wavecrest Drive, thanked the reporters from the
Press Enterprise and the Californian for telling it like it was. She noted
that every time a reporter printed negative news about the City they were
transferred. She asked if Councilman Schiffner would be calling for an
investigation regarding the misuse of $3,000,000.
Debra Crawford, EVAN, 15135 Knollwood Street, read a winning poem
from last years Young Poets Contest. She announced that it was time
PAGE TWENTY -ONE - CITY COUNCIL MINUTES - APRIL 25, 2000
again for the 2nd Annual Young Poets Awards, on Monday, May 22,
2000, 7:00 p.m., at the Cultural Center. She stated that the Young Poets
would be reading their poetry and she invited everyone to attend.
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
Congratulated Police Chief Walsh, Lieutenant Horton and
Lieutenant Mendoza for providing such high quality of leadership
and training. He commented that the awards given to the officers
of the Lake Elsinore Station were a reflection of the management
that supports them.
2. Reminded the public that anyone who wished to provide a possible
name for the West End Fire Station should pick up a form from him
this evening or from City Hall. He noted that the deadline was May
15, 2000 and the West End Fire Station Committee would select a
name.
3. Thanked EVAN and Friends of the Library for all their hard work.
4. Thanked Mr. Dawson for his concern and noted that there were
ongoing meetings with EVMWD staff and City staff to address
various issues regarding water supply. He stated that both staffs
were seeking resolution to the problems that the Lake is facing.
Thanked Mr. Tucker and Mr. Buckley for their articles in regard to
"Mr. Whiskers" in the newspapers. He noted how much a positive
article helps.
CITY COUNCIL COMMENTS
Councilwoman Kelley commented on the following:
Thanked the Police Officers of the Lake Elsinore Station for their
achievements. She noted that the Lake Elsinore Station swept the
Commendation and Awards Ceremony and the person that stands
out is Deputy Audrey Haug who is a certified diver and certified 24
officers for the Lake. She commended LEMSAR for their
contributions.
2. Stated that the Easter Egg Hunt was a success and staff did a great
j ob.
Announced the National Day of Prayer and stated that it would be
held at the Cultural Center, Thursday, May 4, 2000, 11:00 a.m. to
8:00 P.M.
PAGE TWENTY -TWO - CITY COUNCIL MINUTES - APRIL 25, 2000
4. Thanked Mr. Tucker for his promotion of "Whiskers ".
Mayor Pro Tem Pape commented on the following:
Announced the Ribbon Cutting Ceremony, May 1, 2000 at 11:00
a.m. for the new Sheriffs Station.
2. Announced a Chamber Mixer at the Outlet Center, April 27, 2000.
Councilman Schiffner commented on the following:
Commented that there was not one person on City Council that was
in Office at the time the pending litigation was started. He stated
that no one on Council was responsible for the problem and noted
that he had no intention of starting a witch hunt, however he would
take action at any time some impropriety comes to his attention.
Mayor Brinley commented on the following:
Announced a Flower Show at the Women's Club on Friday, April
28th from 2:00 p.m. to 5:00 p.m. and Saturday, April 29th from
10:00 a.m. 4:00 p.m. She noted that admission was free and
children were invited to attend and enter.
2. Reminded people to attend the benefit for COPS for KIDS at Lake
Chevrolet on June 9, 2000 from 5:30 p.m. to 9:30 p.m., $25. per
person.
3. Invited everyone to the Cultural Center to experience the Young
Poets Awards. She noted that the admission would be free.
4. Announced that Vision and Views would be aired Monday, May 1,
at 7:30 p.m. She noted that they would be presenting a cooking
show done at the Senior Center with Thelma Ball and Nancy
Kuprion with wine provided by Vick Knight. She noted that in the
future Vision and Views hopes to be televising "Oliver ".
CLOSED SESSION
City Attorney Leibold announced the Closed Session discussion items as
listed below:
a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED
LITIGATION — Significant exposure to litigation pursuant to
subdivision (b) (3) (C) of Section 54956.9 (1 potential case: Claim
#99 -24, Liberty Founders, LLC).
PAGE TWENTY -THREE - CITY COUNCIL MINUTES - APRIL 25, 2000
b. CONFERENCE WITH LEGAL COUNSEL — EXISTING
LITIGATION (Subdivision (a) of Section 54956.9) Robert G.
Williams, et al vs. City of Lake Elsinore — Court of Appeals Case
Nos. E024487 & E025201.
THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED
SESSION AT 9:08 P.M.
THE CITY COUNCIL MEETING WAS RECONVENED AT 10:34
P.M. WITH NO REPORTABLE ACTION.
ADJOURNMENT
MOVED BY KELLEY, SECONDED BY METZE AND CARRIED
BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY
COUNCIL MEETING AT 35 P. X.
Respectfully submitted,
/i. _/ F �I�
C
ATTEST:
CHI LLC'
, CMC, CITY CLERK
CITY OF LAKE ELSINORE