HomeMy WebLinkAbout09-26-2000 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 26, 2000
*~~****~+**~~***~***~*~****+************~********~**+***~**~~********+**
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Brinley at
7:06 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Pape.
INVOCATION
Pastor Chuck Aden representing Shepard of Life Lutheran Church provided
the Invocation.
ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
KELLEY, METZE,
PAPE, SCHIFFNER,
BRINLEY
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, Fire Chief Seabert, Police Chief Walsh, City Engineer O'Donnell,
City Treasurer Ferro and Deputy City Clerk Bryning.
PRESENTATIONS
a. Proclamation - Elsinore Valley Municipal Water District's 50`~'
Anniversary. (F:122.1)(X:164.2)
Mayor Brinley read a proclamation for EVMWD's 50"' Anniversary
and presented it to Mary Brown, Administrative Assistant and SOtn
Anniversary Coordinator for Elsinore Valley Municipal Water
District. Ms. Brown accepted the proclamation on behalf of the
District and thanked Council for the recognition and invited the
community to attend their celebration.
PUBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address the following items and deferred to these
discussions:
Items Nos. 6, 32 and 33.
PAGE TWO-CITY COUNCIL MINUTES-SEPTEMBER 26, 2000
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for further
discussion and consideration:
Item Nos. la, lb, 6, & 7.
MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE
CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were received and ordered filed:
c. Planning Commission Meeting - September 6, 2000.
(F:60.3)
d. Design Review Commission Meeting - September 6,
2000. (F:60.4)
2. Ratified the Warrant List for September 14, 2000.(F:123)
3. Received and ordered filed the Investment Report for July, 2000.
(F:12.5)
' 4. Approved the Contract with Employment Systems, Inc. for an
associate civil engineer and authorized the City Manager to sign.
(F:68.1)(X:60.1)
5. Approved Change Orders Nos. 3 and 4 for the Main Street Pavement
Rehabilitation and Sewer and Water Improvement Project and
, authorized the transfer of funds. (F:156.2)
BUSINESS ITEMS
31. Resolution No. 2000-44 - Adoptine the California Environmental
Qualit~(CEOA1 State Guidelines as amended and adopted
(December 1.19991 bv the California Resources A~encv for the
' Implementation of the California Envirorunental Qualit Act CEQA~
of 1970, as amended and adoption of City's Procedures for
Implementing the State CEQA Guidelines. (F:78.1~
City Manager Watenpaugh explained that this was a housekeeping
item required to be adopted annually; and the modifications are made
', by the State for our CEQA guidelines within the City. He then gave
the floor to Community Development Director Brady to answer any
' questions. Community Development Director Brady reiterated what
City Manager Watenpaugh stated, and advised that the Planning
Commission reviewed this at their regular meeting and recommended
that Council adopt this Resolution to stay current with CEQA.
Councilwoman Kelley indicated that she understood that this was a
requirement and she had no questions.
Councilman Metze stated that the law provides no choice.
Councilman Schiffner stated he had no questions.
PAGE THREE-CITY COUNCIL MINUTES-SEPTEMBER 26, 2000
Mayor Pro Tem Pape had no questions or comments.
MOVED BY PAPE, SECONDED BY METZE AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2000-
44.
i 32. Nuisance Abatement Committee. (F32.4)
City Manager Watenpaugh ga~e a brief history of the formation of the
new Nuisance Abatement Committee. He noted the vacancy on the
Committee and the need for an appointment.
Chris Hyland, 15191 Wavecrest Drive, stated that in the past week she
received eleven complaints about the City and the conditions of the
streets. Mayor Brinley asked Ms. Hyland to address the agendized
item only. She invited Ms. Hyland to address these issues at the
public comments section.
Mayor Brinley suggested appointment of Tom Franson to the
Nuisance Abatement Committee. She presented his qualifications.
She asked City Manager Watenpaugh to appoint Mr. Franson . City
Manager Watenpaugh agreed to have staff notify Mr. Franson and go
over the orientation far the Abatement Committee.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE TO APPOINT MR. TOM FRANSON AS A
NUISANCE ABATEMENT COMMITTEE MEMBER.
33. Apnropriation of funds for Stadium Operations & Reimbursement
A~reement. (F:134.10~X30.11
City Manager Watenpaugh stated that Lakeside Sports and
EntertainmentlThe Diamond Group is becoming insolvent; and
explained they are currently running the stadium and working with
City staff to ensure a smooth transition on trying to get the facility
back without the City giving up any of its legal rights to pursue the
contract. He stated that staff was requesting that Council appropriate
funds to operate the stadium for the balance of the fiscal year., He
requested Council to appropriate $300,000 from the City's General
Fund Reserve and under the RDA Agenda, $200,000 for the balance
of the fund for the remainder of the year; included in that will be
revenues from the team when the transition has been completed, if it
gets completed. He stated that the City was taking a proactive
approach to taking over the stadium and operating it should Lakeside
Sports and Entertainment default on the agreement. He invited
questions to be addressed by himself or City Attorney Leibold.
Dan Uhlry, 150 E. Lakeshore Dr. #80, commented on negotiations
with the Quakes or another baseball team coming to the City in place
of the Storm. He questioned who would be handling the negotiations.
PAGE FOUR-CITY COUNCIL MINUTES-SEPTEMBER 26, 2000
He also questioned why the $500,000 was not included in the contract
for the new baseball team.
Chris ~Iyland, 15191 Waverest Dr., stated that the stadium has been a
negative thing for the City for a long time. She questioned where the
$500,000 was coming from, the City ar RDA. She was under the
impression the City had no money. She stated that the City should
have let Sumitomo Bank have it when the ten million dollars was due
instead of using the Lake as collateral for a new loan to pay them off.
She indicated that if the new residents had read the grand jury report
on the stadium, they would have been swept away from this area. She
indicated that the stadium was ridiculous. Ms. Hyland commented on
the number of times the City has initiated lawsuits.
Mr. Watenpaugh commented on discussions and newspaper items
pertaining to the minor league teams negotiating for new affiliates.
He stated that the Storm was staying at the stadium because they had a
new agreement with the San Diego Padres. He reiterated where the
funds to operate the stadium will be coming from, $300,000 from the
City's General Fund, and $200,000 from the RDA.
Mayor Pro Tem Pape clarified the number of lawsuits filed by the
City in the last 3 years. City Attorney Leibold stated that there have
been 2lawsuits filed in her 3 years as City Attorney and both were in
connection with LAFCO. Mayor Pro Tem noted that the City has
won both lawsuits. City Attomey Leibold affirmed.
, Councilman Metze stated that he would consider selling or leasing the
; stadium to someone else. He noted that people like the stadium and
baseball, and they wanted Council to do better with it but keep it
going. He stated that nobody has told him to shut it down, and he is
not of a mind to just throw it back. He clarified that they could not
' give the stadium back to Sumitomo Bank, they want the City's DMV
! fees instead. He stated that some people just don't understand this.
I He mentioned studies done with regard to the stadium and people just
' love the stadium, the team and the games. He stated that the City
would accept responsibility for the stadium because he feels that's
what most people want, with the exception of one person.
~ Councilwoman Kelley agreed with Councilman Metze's comments on
the stadium lease. She noted the popularity of the stadium and the
Storm Baseball Team in the valley, which was named in a survey.
She stated the Council was in the position to keep it maintained. She
noted the City Council worked very hard in the past to solve problems
; such as this and they would continue to do so.
Councilman Schiffner confirmed his opinion that the stadium has
been a disaster financially, and hopefully in the future it will become a
valuable asset. They will continue to operate it until someone offers
to purchase or lease it.
._ _ _~
PAGE FIVE-CITY COUNCIL MINUTES-SEPTEMBER 26, 2000
Mayor Brinley stated her support of the Councilmembers opinion of
the stadium operation. She noted the 2 million dollars the City has
saved in the past 2 years TMC had operated and maintained the
stadium. She referred to Councilwoman Kelley's statement about the
survey done in 1998 regarding the two greatest assets in the City of
Lake Elsinore. The first one was the Lake and the second one was the
Stadium. She noted the problem the Council inherited in the stadium
and they are trying deal with that. 5he noted that Council was open to
all offers to purchase the stadium, but for now they would be trying to
resolve this issue and move forward; and since the Padres will be
taking over the marketing of the team, this could be something
positive. She stated the Council had not given up their resolve to find
a solution to the stadium.
MOVED BY METZE, SECONDED BY KELLY AND CARRIED
BY UNANIMOUS VOTE TO APPROPRIATE FUNDS FOR
THE STADIUM OPERATIONS & REIMBURSEMENT
AGREEMENT IN THE AMOUNT OF$300,000 FROM THE
CITY'S GENERAL FUND AND $200,000 FROM THE
REDEVELOPMENT AGENCY.
ITEMS PULLED FROM THE CONSENT CALENDAR
1. a Cit~Council Stud~Session Minutes - September 12. 2000
b City Council Redevelopment Aeencv Minutes - Sentember 12,
2000 (F:44.41
City Manager Watenpaugh noted the reason these items were pulled
was to make the correction of the new website date as November of
2000, not March of 2000 as stated on item 1 a, page 1 of 5, paragraph
1. On item lb, page 3 of 6. The correct amount for the park bond is
$2 billion, not $2 million. He made a third correction far the record
on item lb, page 6 of 6, City Council Comments referencing Stadium
Lighting for High School Games. "The generator, if operated at full
capacity, was prohibitive to operate the lights very long because it
costs $2000.00 in diesel fuel for every 24 hours it is operated." He
stated that was not a problem since they were not operating at full
capacity even with the lights.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND
CARRIED BY UNANIMOUS VOTE TO APPROVE ITEMS lA AND
1B WITH CORRECTIONS.
6. Advanced Agreement Between the Riverside County Transnortation
Committee and the City of Lake Elsinore for $1 5 million Measure A
Funds F:68.12(X:140.191
Chris Hyland, 15191 Wa~ecrest, stated she was happy the City would
be receiving the money and fixing the streets; however, she expressed
her confusion on why the City was putting money into
PAGE SIX-CITY COUNCIL MINUTES-SEPTEMBER 26, 2000
_ Railroad Canyon Road. She reiterated the eleven complaints she
received regarding the condition of the streets in the City. Mayor
Brinley stated that further comments would be held for public
comment section since it was not relevant to this item.
City Manager Watenpaugh explained that the City requested advanced
funding on its Measure A funds from the RCTC. He presented an
overview of the purpose of the funds that would renovate Lake Street
from I-15 to Lakeshore Drive, resurface Railroad Canyon Road from
to the boundary of the City's property at Cottonwood Hills to Grape
Street and Machado Street improvements. These projects were added
to the improvements approved in the capitol improvements budget in
June. City Manager Watenpaugh explained the purpose for bringing
this back to Council was to approve the agreement and allow staff to
move forward, RCTC had already approved it. He noted the plans for
renovation of Railroad Canyon Road were almost completed and the
project would begin in November, soon to follow would be the Lake
Street renovation. He stressed the only thing that would inhibit these
projects would be too much rain filling the lake and that would slow it
down.
MOVED BY PAPE, SECONDED BY 5CHIFFNER AND CARRIED
BY UNANIMOUS VOTE TO APPROVE THE ADVANCE
AGREEMENT BETWEEN RIVERSIDE COUNTY
TRANSPORTATION COMMISSION AND THE CITY OF LAKE
ELSINORE FOR $1.5 MILLION OF MEASURE ~~A" FUNDS.
7. Amendment to the Citv's Conflict of Interest Code to Revise the List
of Desig,nated Emplovees - Resolution No. 2000-45 (F• 116 5~
City Attorney Leibold gave an overview of The Political Reform Act,
which requires the City Council to review the City's Conflict of
Interest Code every even numbered year to determine if any changes
to the Code are required. The modification requested is the List of
Designated Employees to reflect the addition of the position of
Ynformation/Communications Manager; Lake Operations Manager
listed under Community Services Department; and City Engineer and
Public Works Inspectors are now part of the Community
Development Department.
MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2000-45 AS
FOLLOWS:
RESOLUTION NO. 2000-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA AMENDING THE CITY'S
CONFLICT OF INTEREST CODE IN ORDER TO REVISE THE
LIST OF DESIGNATED EMPLOYEES.
PAGE SEVEN-CITY COUNCIL MINUTES-SEPTEMBER 26, 2000
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
Barbara Cady, 32524 Wildomar Rd., commented on the success of the
Riverside Philharmonic and its success. She commended Community
Services and the Sheriff's department, as well as sponsors for their help.
She expressed her desire to do the concert next year as well. She noted that
the Princess was nearing completion.
Minnie Brown, 312 N. Langstaff St., announced the increase of the Lake
Elsinore Library hours on Wednesdays and Saturdays. She reviewed the
library rules, including noise and cellular phone calls. She noted volunteers
are needed to help with added hours. She questioned whether the City or
County would be responsible for signs prohibiting skateboarding.
Bill Tucker, 740 Acacia, stated his concern for the safety of the corner of
Poe and Limited Streets. He requested closing Main Street for
Halloween for the safety of the children. He noted the need for a telephone
at the boat launch.
Lyla Lawry, 257 Ohio St., expressed her dissatisfaction for the way code
violations were enforced. She stated that the City should allow people more
time to correct violations and the fines were too high. She stated in
order for her to bring her lawn up to code, she needed at least 30 - 45 days.
She requested the notices to be sent registered mail to ensure receipt.
George Alongi, commented on the drowning of Miss Trang in the lake. He
stated that Council must make sure that the area is safe for visitors to
avoid this tragedy. He noted signs around the lake were not enough to
protect the visitors of the Lake. He provided suggestions for preventing
access to that area of the lake. He noted the interview with Mark Dennis on
television after that accident.
Chris Hyland, 15191 Wa~ecrest, noted the people on Ohio Street who have
been cited for violations. She announced to the public the approach of the
last few days left to sign the initiative. She noted the new City Forum online
and announced the location to receive information.
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1) Indicated that staff would check with the County regarding no-
skateboarding signs being posted in the Library parking lots and
sidewalks.
2) Noted staffls awareness of the concem for Poe and Limited
Streets and noted that the new parking lot placed on the vacant
- lot where the Lions Club was located was being worked on. He
gave an overview of the improvements being made to that area.
PAGE EIGHT-CITY COUNCIL MINUTES-SEPTEMBER 26, 2000
3) Indicated that staff would contact the phone company about
installing a public phone at the boat launch.
4) Noted that staff would take up the issue of closing Main Street
on Halloween with Council.
5) Indicated that under his and Council's direction, the City staff
and Sheriff Department are enforcing codes in order to improve
the quality of life and upgrade the community.
6) Stated his and Council's regret in the drowning accidents and
expressed support in the methods the City has used to post signs
in areas around the Lake to keep the community informed.
7) Congratulated EVMWD on their SOth birthday, and their
selection of a new general manager.
8) Thanked Tom Franson for accepting the appointment to the
Nuisance Abatement Committee.
9) Congratulated EVAN and all of the volunteers who participated
in the concerts and symphony.
CITY ATTORNEY COD~MENTS
City Attorney Leibold announced the closed session items as listed on the
agenda and noted that items A, B&E would not be discussed.
CITY COUNCIL COMMENTS
Councilwoman Kelley commented on the following:
1) Noted the success of the concert series and expressed her
disappointment in the lack of coverage of the press for that
event. She commended the Arts Network, staff and the
volunteers for their efforts. She noted that the same concert
went to Ontario after leaving Lake Elsinore and had extensive
coverage in their paper.
2) Congratulated EVMWD on the appointment of their new
General Manager.
3) Thanked Minnie Brown far the Library update.
Councilman Schiffrier commented on the following:
1) Stated his concern for the status of the stadium and indicated
that the Council would do the best they could with what they
have to work with.
PAGE NINE-CITY COUNCIL MINUTES-SEPTEMBER 26, 2000
Mayor Pro Tem Pape commented on the following:
1) Stated that the sales tax comparisons for last quarter were in
and the City received more than $1 million in sales t~ revenue
in three months time for the first time in the City's history. He
noted that this 16% increase was substantial for the City and
hoped the neat quarter would do the same.
2) Congratulated Tom Franson on his appointment to the Nuisance
Abatement Committee.
3) Noted the misinformation in the Press Enterprise regarding Mr.
Alongi's vote for the stadium contract between the City and
TMC/Lakeside Sports & Entertainment. He requested reporter
Tom Buckley who printed the story to confirm his information
to assure printed information is not erroneous.
Councilman Metze commented on the following:
1) Questioned ElsinareMagazine.com's existence and the reason
the website disappeared. Stated children should be left out of
politics, especially his children, who were approached by an
individual trying to "dig up dirt" on him. He reiterated an
instance in which the same individual caused his daughter grief
at a different time, and he requested that people keep their
opinions of him and his politics apart from their relationships
with his children. He noted that anyone wanting information
about him could go to the City Manager or City Council. He
related an incident at a local supermarket, which involved his
wife and children recently ending in a shouting match between
his wife and Chris Hyland.
Mayor Brinley commented on the following:
1) Stated that she addressed the drowning of Miss Trang in a local
newspaper and expressed condolences to the family.
2) Noted the Cruise Night downtown on September 30th was a
great time.
3) Noted the Cops for Kids fundraiser "Blast from the Past" fifties
dance on October 28th at the Community Center, and
encouraged attendance by all.
4) Noted the Cops for Kids Bowling Fundraiser at Cal 0aks Bowl
on October 15th
5) Noted the boat and ski races at the lake on September 30`h and
October lst, and the turnout was great.
PAGE TEN-CITY COUNCIL MINUTES-SEPTEMBER 26, 2000
6) Congratulated the Arts Network on the concerts in the park.
She expressed her disappointment at the lack of press coverage.
7) Thanked Minnie Brown for her comments regarding the
Library.
8) Thanked the NAACP for allowing her to speak before their
organizations; and expressed appreciation to Sonya Wilson and
Mary Venerable for their efforts.
9) Congratulated EVMWD on their selection of John Rossi for
General Manager and their SOth birthday.
10) Noted Vicki Kasad's injury sustained to her arm while skating
with her son and wished her a speedy recovery; and indicated
the Council missed her.
11) Thanked the Lions Club and the Gonzales' for the invitation to
their 75th anniversary party.
Mayor Brinley announced the Open Air Market on October 1 St. She and the
Vans WWA Wakeboard Championship competition on October St" and 8th in
the inlet Channel. She noted that ESPN will be covering this event. She
announced ihat October 8th would be the beginning of the bird watching
field trip with the Palomar Audoban Society at the entrance to the levee.
She noted October 14`~' would be the Canyon Lake wakeboard competition.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL--EXISTING
LITIGATION (Subdivision (a) of section 54956.9) California Bank
& Trust v. City of Lake Elsinore et al (Riverside Co. Superior Court
Case #344190)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt.
Code § 54956.8)
Property: Assessor's Parcel No. 370-040-028
Negotiating Parties: Ely Kass and the City of Lake Elsinore
Under Negotiation: Price and terms of payment.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt.
Code § 54956.8)
Property: Assessor's Parcel Nos. 370-040-030, 370-040-031 and 370-
040-001
Negotiating Parties: Saykr Inc. and the City of Lake Elsinore
Under Negotiation: Price and terms of payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt.
Code § 54956.8)
Property: Assessor°s Parcel No. 365-030-001
PAGE ELEVEN-CITY COUNCIL MINUTES-SEPTEMBER 26, 2000
Negotiating Parties: Denis Trudeau et al. and the City of Lake
Elsinore.
Under Negotiation: Price and terms of payment
- E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
~ LITIGATION - Initiation of litigation pursuant to subdivision (c) of
Section 549569 (1 case)
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED
TO CLOSED SESSION AT 8:30 P.M. FOR DISCUSSION OF ITEMS
C AND E AS LISTED ABOVE.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT
9:15 P.M. WITH NO REPORTABLE ACTION.
ADJOiIRNMENT
MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY
COUNCIL MEETING AT 9:15 P.M.
1~;
~Er,A BTFI~EY, MAYOR
CITY OF LA ELSINORE
ATTEST:
~ _ .
~~~~Ll GC~ `~
ADRIA L. BR ING, D UTY ITY CLERK
CTTY OF LAKE ELSIN RE