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HomeMy WebLinkAbout08-13-2002 City Council MinuteesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 13, 2002 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Kelley at 5:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, City Attorney Leibold and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.8) - United Public Employees of California, LIUNA Local 777. (F:116.2) B. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) California Bank & Trust vs. City of Lake Elsinore et al (Riverside County Superior Court Case #344190). (F:52.2)(X:40.1) C. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) PAGE TWO - CITY COUNCIL MINUTES - AULUST 13, 2002 Elsinore Christian Center and Gary Holmes vs. City of Lake Elsinore, et a] (U.S. District Court Case No. CV 01 -4842 SVW (RCX)). (F:52.2)(X:40.1) City Attorney Leibold announced the Closed Session topics as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:07 P.M. The Closed Session discussion was completed at 6:40 p.m. RECONVENE PUBLIC SESSION (7:00 p.m.) The Regular City Council Meeting was reconvened in Public Session at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Leibold. INVOCATION The Invocation was provided by Pastor J.R. Ball, representing First Christian Church. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY 1 ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Services Director Sapp, Police Chief Walsh, Building /Safety Manager Russell, Information/ PAGE THREE - CITY COUNCIL MINUTES - AUGUST 13, 2002 Communications Manager Dennis, Recreation /Tourism Manager Fazzio, City Treasurer Ferro and City Clerk/Human Resources Director Kasad. PRESENTATIONS a. Proclamation - NAACP 25th Anniversary. (F:122.1) Mayor Kelley read and presented the Proclamation to Lorraine Watts and Barbara Cady; and noted her attendance at a luncheon recognizing this Anniversary. Mrs. Watts thanked the Council for this recognition and explained the that the purpose of the NAACP was to reaffirm that the United States is "one nation under God, with liberty and justice for all ". b. Unity in the Community. (17:62.1) Jeannie Corral apologized for missing the last meeting due to a senior moment. She requested that the City Council consider a waiver of fees for their sixth annual "Put Unity in the Community Parade ", scheduled for November 16th at 10 a.m. She noted that the theme for the event would be "Celebrating Community Assets ". She summarized the variety of events and invited the City Council to participate. She noted that last year's event had over 100 entries and over 3,000 participants. She also noted that the event was at no cost, due to cooperation by the City and the Police Department; and under the EVCAP program. She expressed hopes for waiver of the relevant fees and the ability to proceed with the parade on November 16'. Mayor Kelley noted that she had invited the Canyon Lake City Council to ride with the Lake Elsinore Council in the parade. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: PAGE FOUR - CITY COUNCIL MINUTES - AtiGUST 13, 2002 Item Nos. 22 and 31. CONSENT CALENDAR ITEMS MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council/Redevelopment Agency Study Session - July 30, 2002. b. Regular City Council Meeting - July 30, 2002. (F:44.4) The following Minutes were received and ordered filed: C. Planning Commission Minutes - July 17, 2002. (F:60.3) 2. Ratified Warrant List for July 31, 2002. (F:12.3) 3. Adopted Resolution No. 2002 -44 to Approve Placement of Delinquent Refuse Bills on FY 2002 -03 Tax Roll. (F:163.1) RESOLUTION NO. 2002-44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS. PUBLIC HEARING 21. Public Hearing; for Consideration of Objections and to the Confirmation and Placement of Charges on Property Tax Bills for Weed Abatement & PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 13, 2002 Nuisance Abatement Costs - Resolution No. 2002 -45 & 2002 -46. (F:166.1)(X:32.2) City Manager Watenpaugh explained this item and the process for removal of weeds, inspection and clean -up. He noted that the fees to be placed on the rolls for weed abatement totaled $136,346 on 492 parcels; and for nuisance abatement a total of $9,414.24 on 22 parcels. Mayor Kelley opened the public hearing at 7:10 p.m., asking those persons interested to speak. Hearing no one, the public hearing was closed at 7:11 p.m. Councilman Buckley had no comments. Councilman Hickman noted that this item was discussed at length earlier; and commented that the City put out 5,000 notices and ended up with only 492 properties being abated and added to the rolls. He further noted that the lack of rain this year had limited the growth and reduced the necessary work. He also noted that there were 22 nuisance abatements on people who did not take care of their property. Mayor Pro Tem Schiffner indicated that he was in favor of this action and acknowledged the fact that there had been no comments in opposition. Mayor Kelley had no comments. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NOS. 2002 -45 FOR WEED ABATEMENT COST RECOVERY AND RESOLUTION NO. 2002-46 FOR NUISANCE ABATEMENT COST RECOVERY; AND DIRECTED STAFF TO PLACE SPECIAL ASSESSMENTS AGAINST THE PROPERTIES LISTED IN THE ITEMIZED REPORTS IN THE CUSTODY OF THE CITY CLERK'S OFFICE. PAGE SIX - CITY COUNCIL MINUTES - AUGUST 13, 2002 RESOLUTION NO. 2002-45 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. 22. Joint Public Hearing with Redevelopment Agency regarding Sale of Property. (This Hearing will be convened joint with the Redevelopment Agency, and heard during the RDA Meeting. Materials relevant to this item are included in the Redevelopment Agency Agenda portion of the packet.) (F:134.7) Mayor Kelley noted that this hearing would be held jointly with the Redevelopment Agency Board, and deferred Council and Public comments to that hearing. BUSINESS ITEMS 31. Request for Waiver of Fees - Project Kids. (17:15 1.1)(X:64.1) City Manager Watenpaugh introduced Recreation/Tourism Manager Fazzio for presentation; and noted that $2,000 had already been credited to the event through a clerical error. Recreation/Tourism Manager Fazzio noted PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 13, 2002 that there had been some difficulty in determining fees due to continuing changes in the event, however staff had been working with Mr. Occhipinti since April and the planned event would be good and bring a lot of people into the City. She explained that when doing a large first time event, it was sometimes difficult to tie down the details for proper assessment of fees; however most of the fees had been determined at this time. She indicated that they were still addressing security requirements and costs with Executive Starr; however they were present to request a waiver of fees on behalf of Project Kids and the Assistance League of Temecula. Mayor Kelley noted that this discussion related to the Beach Boys Concert scheduled for September 21" at the Diamond. John Occipinti, 4394 Moreno Court, Temecula thanked the Council for the opportunity to speak and noted that this process had begun almost a year ago. He indicated that they were present to request a waiver of venue and administrative fees for the event. He stressed the impact of the fees on the funds to be raised, and the magnitude of the Assistance League's efforts in Lake Elsinore. He detailed the advertising for the event and noted that they anticipated a major turnout in excess of 8,000 people, and related tax revenues to the City. Louise Ball, 37838 Fairview Circle, Murrieta, noted that most people had heard of Operation School Bell and the Assistance League and advised that this event would directly assist Operation School Bell. She noted the assistance provided to children in Lake Elsinore and the assistance requested from the County for the County area. She detailed a new program which closed 445 Head Start and Healthy Start students who would be starting Kindergarten in the fall. She also noted the emergency dental care with which they provided assistance. She advised that this year they had spent $120,000 on new clothing, with almost half of it going into the Lake Elsinore Unified School District area. She detailed the type of clothing provided and expressed appreciation for any assistance the City Council could provide for this event. PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 13, 2002 Councilman Hickman commented that this was a difficult decision, as he had to balance support of programs for the kids with fiduciary responsibility for the City. Councilman Buckley questioned the anticipated net proceeds from the event. Mr. Occhipinti estimated that there would be $30,000 to $40,000 for the Assistance League. Councilman Buckley noted the error in the original calculation based on the non - profit rate, and questioned Mr. Occhipinti's non - profit status. Mr. Occhipinti indicated that he was not non - profit, but he was also not making money on the event. Councilman Buckley commented that it was necessary to stick with the quoted price. Mayor Pro Tem Schiffner indicated that he was very proud of the Operation School Bell organization and their efforts; and was happy to assist them. He inquired about the level of participation by the cities of Murrieta and Temecula. Mr. Occhipinti indicated that Murrieta's decision was anticipated by the end of the week; and Temecula had already endorsed the event and sponsored it for $1,500. Mayor Pro Tem Schiffner noted the small error by staff based on present policy and indicated that there was no intention of renegging on that information. He commented that the fees being discussed were actual costs, and the only others were administrative costs. He suggested contributing a matching amount based on the contributions of Murrieta and Temecula. Mayor Kelley commented on the difficulty of this decision and noted that this would be a wonderful event and she would like to be as supportive as possible, while being financially cautious. She indicated that she was not willing to waive the security, police or Storm fees, as the City would still have to pay them; after already giving $2,000 through an error. She expressed her personal appreciation of Operation School Bell based on her experience as a teacher, seeing the wonderful service they provide. She indicated that Mayor Pro Tem Schiffner's suggestion was intriguing to her, and questioned what had been requested from the other cities. PAGE NINE - CITY COUNCIL MINUTES - AUGUST 13, 2002 Mr. Occhipinti explained that he provided each Mayor including Mayor Kelley with a press packet offering sponsorships from $500 to $5,000. He commented that honestly he was not certain what the turnout would be, noting it could be 1,000 people or it could be 10,000 people. He stressed the overall benefit in revenues, etc. to Lake Elsinore, over the benefit to the other cities. He noted that the program was improving every day and now included wineries and restaurants, a classic car show, a silent auction, Dean Horne of Jan and Dean, and jumpers for the kids. He clarified that the Assistance League was based in Temecula and it would have an impact for them so they chose to participate. Councilman Hickman inquired how many tickets had been sold to date. Mr. Occhipinti indicated that they had sold in excess of 1,000 since the first of July. He noted that they anticipated selling the majority of the tickets in the last three weeks. Councilman Hickman noted that this was a shot in the dark and suggested setting the decision aside until after the event. He indicated that he wanted to help the kids, but the City had problems of its own, so he would like to see this consideration after the event. Mayor Pro Tern Schiffner concurred that this could be continued to a later date, but he would like to throw out the offer to Murrieta and Temecula, and based on their generosity would like to reciprocate, and suggested that Mr. Occhipinti carry the offer to them. Councilman Hickman suggested getting about $6,000 from them and the City could waive the $6,000. He stressed that he was willing to help. Mr. Occhipinti indicated that he was not trying to cause conflict. Mayor Kelley stressed the difficulty of this situation. She expressed wholehearted support for the program, and suggested waiving the $3,200 over the error. Mayor Pro Tern Schiffner concurred that he wanted to help, noting the great benefit for Lake Elsinore, but clarified that there was also great benefit for the other communities. PAGE TEN - CITY COUNCIL MINUTES - AUGUST 13, 2002 Mayor Pro Tern Schiffner reiterated the proposal of waiting to hear about the contributions by the other cities and reconsider the item for a match at a later date. Councilman Hickman suggested instead of delaying it might be appropriate to go with what the waiver suggested by Mayor Kelley. MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO WAIVE THE $3,000 FOR STADIUM RENTAL AND $200 FOR THE DIAMOND CLUB RENTAL FOR THE PROJECT KIDS, "ENDLESS DREAMS BENEFIT" TO RAISE FUNDS FOR THE TEMECULA VALLEY ASSISTANCE LEAGUE. Mayor Kelley noted the concert date of September 21", with activities beginning at 3:00 p.m.; and ticket prices ranging from $25 to $45, and questioned the ticket sales locations. Mr. Occhiipinti indicated that tickets were on sale at the Promenade Mall, the Lake Elsinore Outlet Center Office and online at projectkidsoutreach.com. Mrs. Bell added that they would be available at the Assistance League office in September. 32. Lake Elsinore and San Jacinto Watersheds Authority (LESJWA) Amendment to Joint Powers Agreement (JPA). (F:92.6) City Manager Watenpaugh provided an overview of this item and explained that it was a clarification of the existing Joint Powers Agreement with regard to voting. He indicated that it was an issue of whether the delegates had the authority to vote for their agencies, or if they were required to return to the board for consideration first. He explained that this would now allow the delegates and alternates to vote, without returning to their Boards. Mayor Pro Tem Schiffner explained that the change would be with regard to voting against the project or stopping the project. He noted that in the City of Lake Elsinore there were four votes necessary, including the Water PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 13, 2002 District, SAWPA, the County and the City. He noted that many of the votes would still be by the old rule. Councilman Hickman clarified that Mayor Pro Tem Schiffner would be voting on behalf of the City and expressed support for this action. Councilman Buckley had no comments. Mayor Kelley had no comments. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE AMENDMENT NO. 1 TO THE LAKE ELSINORE /SAN JACINTO WATERSHED AGREEMENT. 33. Abbacy Holding Company Request. (F:68.1) City Manager Watenpaugh explained that this was a request for a postponement, not a waiver of fees. He noted that this request related to an agreement addressing a failed CFD in Summerhill, from which Abbacy was entitled to reimbursements through the Torn Ranch Fund or Revenue Bonds. He explained that currently there were no funds in the Torn Ranch Account, but there would be shortly. He also explained that the Abbacy Holding Companies were moving forward with their self - storage project on Canyon Estates Drive, and they would be assessed for the Railroad Canyon Benefit Assessments and had requested a postponement until funds came into the account. He advised that there would be no direct impact on the City at this point, and should the Council be in favor of deferring those fees for a month or so until the funds came in, the balance would be paid subject to pulling their permits. Councilman Buckley noted that the Council reviewed this item in detail and they would not be giving any money away. He explained that this PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 13, 2002 consideration related to action taken 8 or 10 years ago, noting that at some level the City owes Abbacy money, but not until the money came in from the County. He further explained that they were requesting deferral of Railroad Canyon Road Assessment District fees, and that they be allowed to pay the old transportation fees instead of the new fees. He noted the transportation fee portion would be a savings of almost $54,000. He also noted that the property tax issues were matters of a potential lawsuit. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO EXTEND THE PAYMENT OF THE RAILROAD CANYON BENEFIT ASSESSMENT DISTRICT UNTIL FUNDS FROM THE COUNTY HAVE BEEN DEPOSITED IN THE TORN PROPERTY FUND, WITH THE AGREEMENT, IN SUCH FORM AS REQUIRED BY THE CITY ATTORNEY, REQUIRING THAT ABBACY DROP ALL POTENTIAL CLAIMS IN RELATIONSHIP TO TORN RANCH, AND ALLOWING THEM TO PAY TRANSPORTATION FEES PURSUANT TO THE OLD FEE SCHEDULE, IF THE FEES ARE COLLECTED BY SEPTEMBER 1sT Councilman Hickman concurred with Councilman Buckley's comments, noting that it was only a matter of the money flow. He commented that Mr. Kipp went to bat and bailed the City out of some land, and it was time to move on and avoid other legal problems. Mayor Pro Tern Schiffner commented that he would have made a similar motion, however he not sure of the time limit portion. He noted that this was a situation where a developer was asking the City to do him a favor, and while he had no problem doing that favor, in exchange he would want any litigation dropped, with satisfactory documentation to prove that it had been dropped or would not be forthcoming. He indicated with that condition he would be in favor of the request. Councilman Buckley questioned an appropriate date. Mayor Pro Tern Schiffner suggested September 15`h. Councilman Buckley concurred that September 15`t' would be acceptable. Mayor Kelley inquired when the City would receive a check PAGE THIRTEEN CITY COUNCIL MINUTES - AUGUST 13, 2002 from the County. Administrative Services Director Boone indicated it would be in by that date, however the printout breaking the dollars down would not be in yet. There was general discussion of the appropriate deferral period. City Manager Watenpaugh commented that both sides had the intent to move this matter forward, and it might be appropriate to make it as uncomplicated as possible. The Council reached consensus that this agreement was beneficial for the City and that timing was not the key consideration. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 34. Amendment to the Household Hazardous Waste contract with the County of Riverside. (F:68.1)(X:163.1) Recreation/Tourism Manager Fazzio explained that this partnership with the County began in January, and since that time the area participation in the program had grown, causing them to outgrow the current facility; so the County had offered to expand the facility, move it to a safer spot and tarp the whole facility to fight the heat, and offered to pay up to $30,000 for the improvements. She explained that the City would do most of the work and pay up front, with the County to reimburse the monies expended. Councilman Hickman commented that this was a pass -thru and an excellent suggestion. Councilman Buckley expressed support. Mayor Pro Tern Schiffner concurred that the City should move forward. Mayor Kelley concurred. MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 13, 2002 AMENDMENT TO THE CONTRACT WITH THE COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH - HAZARDOUS MATERIALS MANAGEMENT DIVISION AND ALLOCATE FUNDS IN THE AMOUNT OF NOT TO EXCEED $30,000 FROM THE GENERAL FUND RESERVES; AND AUTHORIZED THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS FOR SUCH IMPROVEMENTS NOT TO EXCEED $30,000. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:53 P.M. THE CITY COUNCIL MEETING RECONVENED IN JOINT SESSION WITH THE REDEVELOPMENT AGENCY AT 7:54 P.M. JOINT PUBLIC HEARING 22. Joint Public Hearing with City Council regarding Sale of Property to Century Builders LLC for Development of Affordable Housing - City Council Resolution No. 2002 -46 & Redevelopment Agency Resolution No 2002 -06. (F:134.7) Councilman/Vice Chairman Hickman opened the Joint Public Hearing at 7:55 p.m. City Attorney/Legal Counsel Leibold clarified that both the City Council and the Redevelopment Agency Meetings were in session jointly. She explained that there were two items before the Redevelopment Agency Board and one before the City Council. She further explained that the Redevelopment Agency owned three parcels and had proposed to convey them to Century Builders, which under RDA law required a published notice and a joint public hearing. She also explained that the City Council would be required to approve the conveyance prior to the Redevelopment Agency taking action. She advised that the Agency parcels proposed to be PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 13, 2002 conveyed to Century Builders would commence implementation of the Affordable Housing Development Agreement. She provided a summary of the existing Development Agreement which was approved in 2000; and noted that the proposed amendment would make the agreement consistent with the law changes. She noted that the original agreement allowed $7,500 per home to off -set the cost of building permit fees; however additional issues arose in working to comply with the downtown requirements, which would prohibit garage doors on the main streets, and it was proposed that the allowance be increased to $10,000 per home. She clarified the total commitment to the program would remain at $100,000. She noted that another change required by law changes would require a 45 year resale restriction. She indicated that the agreement would extend the term of the existing agreement to allow the developers to acquire the property and build the homes. She noted that the developer had been looking for parcels to meet the criteria in the agreement and identify Agency parcels for which they would pay fair market value. She indicated that based on research and investigation, the developer had declined the purchase of Parcel No. 3. She advised that while the agreement as presented provided for an all cash purchase price at fair market value, after meeting with the developer this date, they had requested a modification to allow the RDA to convey title and carry the paper secured by a deed of trust, and the purchase price would be paid upon actual resale to the homebuyer. Leonel Alvarado, President of Century Builders, expressed happiness at getting to this point in the process, and noted that their process had been slowed by a personal health issue which impacted the project. He commented on his research in the downtown area, and explained that he was looking at the two parcels for the construction of three single family homes. He indicated that he spoke with City staff about other resources for the area, and noted that they were committed to doing at least 10 homes, but they would hope for more. He explained that deferring the payment for these lots until the close of escrow with the end user would assist in keeping the PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 13, 2002 rates appropriate for low and moderate owners. He further explained that this would help to keep the houses in the $125,000 to $145,000 range. CouncilmanBoardmember Buckley questioned the two lots for three houses and indicated that it was about $9,500 a lot and the City was kicking back another $10,000 in permanent reductions. Mr. Alvarado clarified that the City would ultimately only be into the program for $10,000 per house in permanent reductions. Councilman Buckley continued that essentially Century Builders would only be into the lots for about $500 each, and he would expect them to carry their own paper. Mr. Alvarado indicated that he could do so, but he was trying to hold the cost down and pass the benefits on to the buyers. Mayor Pro TemBoardmember Schiffner indicated that he would like to see this project get started, and the three homes built and purchased. He advised that in an attempt to accomplish that as soon as possible, he would approve the request and be happy to support it. MayorBoardmember Kelley noted that affordable housing was quite needed in the City and she also wanted to keep the costs as low as possible, in light of rising housing costs. Councilman/Vice Chairman Hickman inquired how long it would take to complete the three proposed houses. Mr. Alvarado explained that the process would include parceling out or splitting the parcel through the City, which generally took about 30 or 45 days; and there would also be the Planning Commission review of the proposed product. He suggested if they were run concurrently they could be ready to proceed in the next 45 or 60 days. He noted that in the meantime, they had begun marking and working with non - profit groups to identify potential buyers quickly. He advised that he was working with Wells Fargo Mortgage on loan applications and would hope to bring the City ten qualified buyers as well. He suggested that overall it would be six months at the outside. Councilman/Vice Chairman PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 13, 2002 Hickman questioned the timing for all ten homes. Mr. Alvarado indicated that it would be prior to 2004. Councilman/Vice Chairman Hickman noted the location for the three new low and moderate income homes, and explained that they would go toward meeting the 20% set aside requirement. He stressed his interest in development in the downtown area. Mayor Pro Tem /Boardmember Schiffner asked if the two processes could be done concurrently with building as suggested by Mr. Alvarado. Building/Safety Manager Russell indicated that they could not, but the plan check could be done concurrently. City Manager Watenpaugh clarified the ability to run as much as possible concurrently. Jim Morris, 15220 Golden Sands, expressed concern with Century Builders opting out of one lot and questioned if it would be useable in the future, or if the City would be stuck with it. Mayor Pro Tem /Boardmember Schiffner indicated that it was not adjacent to the other parcels. Mr. Morris indicated that was his major concern, but he was happy to see someone moving forward with this type of project. He noted that he wanted to see things starting to happen in the downtown area. He addressed the budget discussions in June regarding more fees and inspections for rental property, and suggested consideration of else the Redevelopment Agency could do to assist renters in the area. He stressed that he wanted to be able to give people a decent place to live at a decent rate. He commented that he was very interested in serving on a committee for this area. Councilman/Vice Chairman Hickman noted that Mr. Morris was in the process of rehabilitating old homes and inquired if he could assist in rehabilitation rather than abating. Mr. Morris indicated that was his passion, as he had seen several homes torn down and which were important and he would like to see the costs applied to repairs. He stressed that the buildings could be restored, as they have wonderful architecture and were solidly built. Councilman/Vice Chairman Hickman stressed that it would be good to work out such a program. PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST 13, 2002 City Attorney /Legal Counsel Leibold indicated that those issues would be discussed at the strategy session; but clarified that the units proposed in this item would be for owner occupancy by the principle owner. She requested that any motion include the developer request for promissory note secured by a deed of trust, with 5 -1/2% interest, and approval for the necessary modifications. Councilman/Vice Chairman Hickman closed the public hearing at 8:23 p.m. Councilman/Boardmember Buckley indicated that he was not against the project or low income homes going up, and it was a wonderful idea, but he would prefer the sale be much cleaner. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 3 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE AND BRINLEY ABSENT TO ADOPT CITY COUNCIL RESOLUTION NO. 2002-47 RELATING TO PARCELS 1 AND 2, WITH THE ELIMINATION OF PARCEL 3, AND THE MODIFICATION TO ALLOW THE AGENCY TO CARRY THE PAPER AS DISCUSSED. RESOLUTION NO. 2002-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CONSENTING TO THE APPROVAL BY THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE OF A PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BY AND BETWEEN THE AGENCY AND CENTURY BUILDERS LLC AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 3 TO 1 WITH BUCKLEY CASTING THE DISSENTING PAGE NINETEEN - CITY COUNCIL MINUTES - AUGUST 13, 2002 VOTE AND BRINLEY ABSENT TO ADOPT REDEVELOPMENT AGENCY RESOLUTION NO. RDA 2002 -06, CONSENTING TO THE PROPOSED CONVEYANCE OF PARCELS 1 AND 2; APPROVING THE PURCHASE PRICE TO BE CARRIED IN A PROMISSORY NOTE DUE AND PAYABLE UPON TRANSFER TO THE BUYER, FOR A PERIOD NOT TO EXCEED SIX MONTHS AND AMENDMENT NO. 1 TO THE AGREEMENT. RESOLUTION NO. RDA 2002 -06 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING AND AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BY AND BETWEEN THE AGENCY AND CENTURY BUILDERS LLC AND AMENDMENT NO.1 TO THE AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND CENTURY BUILDERS, LLC, DATED SEPTEMBER 26, 20029 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:27 P.M. AND THE CITY COUNCIL RECONVENED IN REGULAR SESSION. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, announced that as a result of her work on the park tax, the Howard Jarvis Tax Foundation had endorsed her for the EVMWD seat at the November election. She read the letter of endorsement, and encouraged the public to vote or her. She indicated that if elected to the EVMWD board, she would not be a City Council Candidate next year. She commented that it was fun to run for office. She suggested that the Agenda Adjournment verbiage should include more information on the topic to be discussed. PAGE TWENTY - CITY COUNCIL MINUTES - AUGUST 13, 2002 Pete Dawson, 18010 Grand Avenue, provided the LEMSAR report for July, 2002, noting that they were generally the first responding to an incident and every member's boat was always ready to go. He advised that on July 2 d there were two accidents in one day; and they also assisted with a swamped boat and one boat flipped and sank. He noted that other problems were occurring with the Lake level so low, involving high speed motorcycles and cars on the levee. He expressed concern with the vulnerability for the community. He suggested that the entire perimeter of the Lake should be patrolled at night to prevent dangerous activity. City Manager Watenpaugh noted that the City had received a very nice letter referencing assistance provided by Mr. Dawson when their boat encountered difficulty; and thanked him for his efforts. Mayor Kelley inquired if the police patrolled the levee at night. City Manager Watenpaugh indicated that it was patrolled only upon special requests. Dan Uhlry, 150 E. Lakshore, #80, indicated that there were only 16 days until Rodeo, and they were ready to go. He noted that City Manager Watenpaugh would be cooking and Mayor Kelley would be riding a bull as Sunday's Grand Marshall. He announced that the Grand Marshall on Friday would be Sheriff Doyle and the Grand'Marshall on Saturday would be Fire Chief Tisdale. He announced the locations selling Rodeo tickets and suggested anyone with questions contact him at (909) 506 -3686. Dale Hite, 115 N. Kellogg, announced that the EVCAP met on July 14'i' and 15t' and formed good committees. He highlighted one of those committees, which was formed to address issues from gang awareness to community safety awareness. He noted that after the workshop he heard about Samatha Runnion's murder and suggested that it also include awareness and education to prevent the abduction and molestation of children. He addressed the impact of Alejandro Avila on the City's reputation. He suggested setting national standards for the reduction of crimes. He stressed the need for education by parents, and suggested a community forum to include the Sheriffs Department, School District, etc. He encouraged the public to get any available information from the Center for Missing and Exploited Children. PAGE TWENTY -ONE - CITY COUNCIL MINUTES - AUGUST 13, 2002 Lorraine Watts, P. O. Box 518, noted that the NAACP Phase 2 of the City review had been provided to Mayor Kelley; and indicated that the City was not bad from Main Street to Railroad Canyon Road, and from the Lake to the Freeway, except the streets need resurfacing. She also thanked staff for trimming the tree that was block the stop sign. Jim Morris, 15220 Golden Sands, thanked the Council and Staff for opportunity to be at this meeting. He indicated that he was happy to see people attending the meetings, and noted that while the Agenda cover sheet was nice, he would like to be able to review the individual items, possibly during the afternoon study session. He suggested that this additional information would help keep the public comments /questions at a minimum. Barbara Cady, 32524 Wildomar Road, announced the Music with a View Concert Series, which starts on August 17`x', and detailed the concert schedule. She listed and thanked all of the concert donors and sponsors for their contributions, and commended Mayor Kelley on her fundraising efforts. She noted that snacks and drinks would be available at the concerts and encouraged the public to bring blankets and picnics and enjoy the concerts. Kim Quon, Lakecrest Drive, indicated that he would be attending Council meetings periodically to encourage the community and remind the Council of the Country's history and basis on Christianity. He noted the Mayflower's arrival in American and the read from the Mayflower Compact, which was later called the foundation of the U.S. Constitution. He stressed that at that time, there was no strong division between religion and politics; and here was a focus on the allegiance to God and the advancement of the Christian faith. He also reminded the Council that the area churches were praying for the City and the City Council. Wayne DeVries, 828 Lexington St., Hemet, thanked the Council for the allowance to speak. He noted that he had been before the Council previously on the matter of the "Angel's Rest Pet Cemetary "; and provided an update on the status of legal actions, which were nearly resolved. He inquired if there had been any proposals PAGE TWENTY -TWO - CITY COUNCIL MINUTES - AUGUST 13, 2002 to amend the Conditional Use Permit in recent weeks. City Manager Watenpaugh indicated that he had been contacted by Attorney John Giardinelli and notified that he would be providing a letter on the proposal to clean up the cemetary and split the lot. Mr. DeVries indicated that through the efforts of the court and judge, they were nearing an agreement to settle the litigation. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Indicated that Agenda packet could be provided at the meetings. 2) Reminded the Council of the Study Session set for Thursday, August 15'h regarding the Parity Study and Process Audit. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Announced that the Closed Session was held on the three items listed on the Agenda and advised that there was no reportable action. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Complimented the Chamber of Commerce on their reverse drawing and thanked Lusk Development for their donation of $2,500 to Copies for Kids and the balance to For Kids Sake. PAGE TWENTY -THREE - CITY COUNCIL MINUTES - AUGUST 13, 2002 2) Noted that he rode on the Lake on the Phoenix on Sunday, and indicated that Pete Dawson was the only Captain authorized to pilot a 96 foot boat on the Lake. He commented that he would love to see the Princess move forward. 3) Noted the upcoming Rodeo and the Bull the Mayor would be riding. 4) Addressed the Riverwalk work, which was underway and indicated that it looked nice. He noted that the water flowing into the Lake had been turned off to check with the various agencies and assure the water quality. He also noted that Vector Control was out twice a week to check for problems and Mosquito Fish had been placed in the Lake. 5) Indicated that EVMWD put in water for the wetlands. 6) Noted Renter's Tax Assistance for Seniors, indicating that they could receive up to $474 free. He recommended that interested people contact the Senior Center for more information. Also noted that August 14`h was Senior Night at the Storm Game. Councilman Buckley commented on the following: 1) Concurred with Mr. DeVries that it was good news that the litigation was nearly settled. 2) Indicated that the next few months between SANDAG and the Borders Committee, there should be more marketing on the Park & Ride Program. 3) Announced for people building houses that the County TUMF which was estimated at $9,000 per house, was now looking more like PAGE TWENTY -FOUR - CITY COUNCIL MINUTES - AUGUST 13, 2002 $4,300 to $4,800 per house, as they had started checking with cities with approved projects. 4) Commented on Mrs. Hyland's indication that she would not run for Council if elected to the EVMWD Board; and speculated on the potential of a unanimous City Council endorsement of her for EVMWD. 5) Announced that he was still holding office hours from Noon to 4 p.m. on Tuesdays. Mayor Pro Tern Schiffner commented on the following: 1) Noted Mr. Morris's comments regarding inspections on rental properties costing them money; and indicated that he would hope it was not Mr. Morris's properties that were in really bad shape. He clarified that the program would not be making money for the City as it would cost about $150,000 out -of- pocket beyond the fees collected. He expressed hopes that it would bring better rental conditions in the area. Mayor Kelley commented on the following: 1) Commented on her participation in the Rodeo and encouraged public attendance. 2) Encouraged attendance at the Concert Series beginning August 17`t' at 7:30 p.m. City Manager Watenpaugh reiterated that Agenda packets could be provided; and noted that the Budget would be available at the Library by the end of the week. PAGE TWENTY -FIVE - CITY COUNCIL MINUTES - AUGUST 13, 2002 ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:02 P.M. TO A SPECIAL MEETING ON THURSDAY, AUGUST 15, 2002 AT 3:30 P.M., IN THE CITY HALL CONFERENCE ROOM FOR DISCUSSION OF THE PROPOSED PARITY STUDY/PROCESS AUDIT. d. E KELLEY, MAYO OF LAKE ELSINO ATTEST: 2L- VICKI KASAD, CM , CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE