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HomeMy WebLinkAbout11-14-2000 City Council/RDA Study SessionMINUTES CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 14, 2000 ........................................................................, CALL TO ORDER The City Council Study Session was called to order by Mayor Brinley at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: METZE, PAPE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Information/Communications Manager Dennis, and Deputy City Clerk Bryning. DISCUSSION 1. AeendaReview. (F:44.1) Presentations Councilwoman Kelley noted that the person who was going to present the program for Safety Kids would not be present due to a personal accident. Mayor Brinley stated that she would continue this item to a future date. Mayor Brinley stated that she would have an additional presentation for Anthony Chairez who had become an Eagle Scout. Consent Calendar Councilwoman Kelley addressed Item No. 4, and questioned the location of Claim No. 2000-17. She asked if it were filed against the State as well. City Attorney Leibold indicated that she did not know, however the Claims Administrator had recommended denial. Councilman Schiffner questioned the location since Rose Street was not located within the City Limits. Mayor Brinley stated that she would be pulling Item No. 5 regarding the Grant Deed and Statement of Disclosure to the Center for Natural PAGE TWO - STUDY SESSION - NOVEMBER 14, 2000 Lands Management for more information. Councilman Schiffner stated that he was going to ask to have this item pulled as well. He stated that as far as he was concerned, he felt the Fish and Wildlife was dictatarial and he wanted the public to know that. City Manager Watenpaugh presented an overview of the item and explained that Granite Homes was required to dedicate open space. He noted that some time ago Council had agreed to provide the 29- acre open space to Fish and Wildlife to assist Friedman Homes in their additional requirements for development as well as shed responsibility of the cost of maintenance for the open space. He stated that through this action the City would assure that the area remained open space. Councilman Schiffner asked if the 29 acres was a requirement of Fish and Wildlife. City Manager Watenpaugh stated that it was not a requirement, however it was an opportunity to relieve the City taxpayer of the responsibility for the maintenance of open space and still have it remain as open space view corridors and vistas available. Councilman Schiffner stated that it was mutually beneficial to all parties. City Manager Watenpaugh concurred. City Manager Watenpaugh asked that the City Clerk's Office provide a copy of the Police Report to the City Council for Claim No. 2000-14 (Milstead), which was addressed by Item No. 4. Mayor Brinley asked the City Manager to explain Item No. 7, Rental Fees for the Diamond Stadium. City 1Vlanager Watenpaugh explained that because of the default of Lakeside Sports Entertainment, the City must re-implement the fees for the rental of the Diamond Stadium and Diamond Club. Councilwoman Kelley asked if the fees were the same as Lakeside's fees. City Manager Watenpaugh stated that it was a combination of what Lakeside charged and what the City previously charged. Councilman Schiffner requested clarification that under the present agreement the only rights the baseball team had to the Stadium were related to baseball. City Manager Watenpaugh advised that the team had the rights for several other additional uses outside of the baseball season, however they must provide the dates and the activities would all be baseball related. Councilman Schiffner clarified that the City could do concerts and other activities. City Manager Watenpaugh stated that the City was currently negotiating those issues. City Attorney Leibold stated that the City was currently in negotiations with Mandalay for baseball purposes, however historically Mandalay gets revenues from baseball events and the Redevelopment Agency gets revenues from non-baseball events. She noted that currently there was no binding agreement between Mandalay and the Agency. Councilman Schiffner requested confirmation that Lakeside had officially abandoned the Stadium. City Attorney Leibold confirmed and explained that on numerous PAGE THREE - STUDY SESSION - NOVEMBER 14, 2000 occasions Lakeside Entertainment had notified the City that they could no longer meet their financial obligations under the Stadium Lease; and the City had repeatedly confirmed that they were abandoning their obligations and were repudiating the lease in breech of their obligations. She indicated that as of November 15, they sent a letter officially abandoning the premises; however they have had no ' presence at the Stadium since the end of October and since the end of October the City took over and began taking an inventory. She stated that no matter which date is considered, they are no longer officially involved at all. She explained that as the owner and landlord of the facility the City had the obligation to mitigate damages and protect ' assets. She noted that Lakeside had been informed of all the measures the City had to take to mitigate damages. Councilman Schiffner asked if Lakeside's surrender of the Stadium had any affect on Mandalay. City Attorney Leibold stated that it did, and noted that Lakeside ' repudiated their agreement with Mandalay, just as they did with the City. She noted that Lakeside had a number of contracts they had reneged on. Councilman Schiffner asked if that included any agreements for other monies or concessionaires. City Attorney Leibold stated that the Concession Agreement was a tri-party agreement between the concessionaire, Lakeside and Mandalay and the City was in the process of negotiations. Mayor Brinley asked if Mandalay owed any money to Lakeside. City Attorney Leibold stated that she did not know; however the City was not responsible for any of those types of debts. City Manager Watenpaugh stated that the City had already paid Lakeside's phone bill and some of the utilities. He indicated that those monies would be incorporated in any future action taken against Lakeside. Mayor Brinley asked what the City had spent to date. City Manager Watenpaugh stated that to date the only money the City had paid was the phone bill, however the City would have to pay the water bill as well, since the water was shut off. He stated that the City was informed that there was a bill of $43,000 far electricity, and the City had contacted the Southern California Edison and told them that the City would pay the bill to keep from loosing electricity. Councilwoman Kelley asked if the City had plans to look for a promoter for the Stadium for activities other than baseball. City Manager Watenpaugh stated that the City was currently negotiating the agreement to establish where the City stood and determine the actual cost to get the Stadium back in shape. He stated that the City had one group approach the City and requested four dates to market and promote events. He indicated that they were very aware of the situation; they tried to approach the previous leased company; they would not talk to them; they run major events in Southwest Riverside County and Orange County; and they are very interested in operating some events at the Stadium. City Attorney Leibold stated that once a relationship had been defined, and when the City was comfortable with the estimate of the maintenance and operating costs; potential revenue and expenses; then a definition could be finalized. PAGE FOUR - STUDY SESSION - NOVEMBER 14, 2000 Mayor Brinley addressed Item No. 6, regarding Special Counsel for Stadium matters. City Attorney Leibold noted that Mr. Pistone was a well-qualified litigator and she had worked with him and lrnew him personally. She stated that he comes highly recommended and is extremely competent. She further noted that he specializes in Commercial and Real Estate litigation. Councilman Schiffner asked if this action was to authorize a fee schedule. City Attarney Leibold clarified that Council was not authorizing Mr. Pistone to do any work at this time. Councilman Schiffner requested clarification that he would return with a proposal and anything in excess of $5,000, which can be approved by the City Manager, would come back to the City Council for consideration, City Attorney Leibold confirmed. She explained that he had no authority to move forward with any action until directed by the Agency Board. She noted that what was presented was Mr. Pistone's fee schedule and staff would like to have him on retainer; so that when there is a plan, he would be authorized to move forward. Mayor Brinley noted that what he had provided was a guideline far fees. Councilman Schiffner clarified that the City would be putting him on retainer, but at a zero dollar retainer. City Attorney Leibold concurred. Business Items Mayor Brinley asked if there were any questions regarding Item No. 33, the Amendment to the Graffiti Ordinance. Councilwoman Kelley asked which stores in town did not have spray paint behind bars. City Manager Watenpaugh stated that the Do-It Center and various small stores in the area did not. Councilman Schiffner stated that he was not totally satisfied that the action would be a great deterrent, however it would be a first step. Mayor Brinley stated that at least it tightens down and cleans up some verbiage in the Ordinance. She thanked staff for a good job. City Manager Watenpaugh noted that various cities were compared and the proposed ordinance was a combination of all the other cities to maintain consistency. Councilwoman Kelley questioned the markers. Community Development Director Brady stated that the sizes vary and noted that'/4 inch is a fairly common size used for graffiti. Councilwoman Kelley stated that'/4 inch marker is a poster marker. She stated that she was concerned that the stores would have to pull the Crayola Markers and place them in an enclosed area. Community Development Director Brady clarified the size and stated that it would not affect the Crayola Markers for children. Councilman Schiffner clarified that the list in the Ordinance was what was commonly prohibited in other cities. He stated that he felt that graffiti was one of the worst non-violent crimes against the general public. He further stated that he would be in favor of public flogging if it were permissible. City Manager Watenpaugh noted that the City was hit heavily last weekend. Councilwoman Kelley requested confirmation that the parents could be charged for the cost of removal if the person were caught. City Manager Watenpaugh confirmed. PAGE FIVE - STUDY SESSION - NOVEMBER 14, 2000 Councilman Schiffner clarified that the Police Department feels that they could move forward catching the people. City Attorney Leibold stated that there were four persons being prosecuted at the present time. Councilman Schiffner stated that it might not take many being prosecuted to deter further damage. Councilwoman Kelley noted the reward listed in the Ordinance. Councilman Schiffner asked if the clean up on private property, with permission, was going to be a problem. City Manager Watenpaugh stated that the City must have permission from the property owner to remove the graffiti. He explained that the City could remove the graffiti and be reimbursed or remove the graffiti and not be reimbursed with the victims rights ' signed over to the City to allow the City to prosecute for reimbursement. He explained that the Council would have to decide in the future how they wish to handle it. City Manager Watenpaugh addressed Item No. 34, Design Review for Industrial Project No. I 00-01. He stated that there was a correction on the square footage of the building on the chart on Page 11. He , noted that the total office space should read 13,725 square feet and the parking requirement would not be changed; however the applicant would be providing 40 parking spaces rather than the 29 spaces required. Councilman Schiffner asked about the required handicap ~ spaces. Community Development Director Brady stated that out of 29 ' required spaces only two were required to be handicapped. Mayor Brinley addressed the outdoar sforage area and asked what would be stored. Community Development Director Brady stated that they did not have a tenant for the building and it was unlcnown at this time what would be stored, however it would be in conformance with the outdoor storage requirements. Mayor Brinley suggested that outdoor starage would not be an issue until the applicant applied for a Conditional Use Permit. Community Development Director Brady stated that a CUP had already been approved by the Planning Commission, however the tenant wou~d have to comply. Councilman Schiffner questioned the wall that was to be built on this property. Community Development Director Brady noted that as long as the property develops in two years the wall would not be required. Mayar Brinley questioned the metal awnings. Community Development Director Brady noted that the awnings on the other building were the same and added consistency. Mayor Brinley asked about a Condition of Approval that would address the maintenance and condition of the awnings. Community Development Director Brady stated that the City had a Maintenance Ordinance that required the applicant to maintain the building at a certain level. Councilman Schiffner noted that the metal awning would hold up better than the paint on the building. Redevelopment Agency Chairman Schiffner noted that the items on the Redevelopment ~ PAGE SIX - STUDY SESSION - NOVEMBER 14, 2000 Agency were standard and discussion was not necessary. City Manager Watenpaugh proposed the following Study Sessions: City Council Study Session - Raceway - November 30, 2000 at 10:00 a.m. at the Cultural Center. Special Council Meeting - CDBG Projects and Requirements and Discussion regarding Lake/Commercial Fees - December 7, 2000, 10:00 a.m. at City Hall.. Study Session regarding Sign Ordinance proposed after the first of the year. ADJOURNMENT THE CTTY COUNCIL/REDEVELOPMENT AGENCY AGENDA REVIEW STUDY SESSION WAS ~H~OiTRNED AT 4:43 P.M.