HomeMy WebLinkAbout01-13-1998 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JANiJARY 13,1998
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Pape at 7:07
p.m.
The Pledge of Allegiance was led by Councilman Metze.
INVOCATION
None.
ROLL CALL
PRESENT COUNCILMEMBERS: ALONGI, BRINLEY,
KELLEY, METZE, PAPE
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Watenpaugh, City Attorney Leibold,
Administrative Services Director Boone, Community Services Director Sapp,
Police Chief Walsh, Fire CWef Seabert, City Engineer O'Connell, Senior
Planner Villa and City Clerk Kasad.
PRESENTATIONS
A. Presentation - Report on Library - Dave Stahovich, representin~ Sunervisor
Buster's Office. (F:98.1)
Dave Stahovich, representing Supervisor Buster, advised that he was present
to discuss the progress on the new library facility. He noted that the Board of
Supervisors authorized staff to make an offer for purchase of the Wells Fargo
Bank Building in Lake Elsinore, at there meeting of this date. He eaplained
that they are now starting the due diligence process, which should take a
couple of weeks, with further information on or about January 26, 1998. He
noted that if the appraiszl goes ~vell, it cou'.d close escrow almost
immediately, however if the appraisal is lo-Ner there will need to be
negotiation for a lower price. He advised ;hat Supervisor Buster would like
to sit down with Mr. Watenpaugh and Mrs. Kelley to work out the details,
and thanked them for their cooperation on this project. He noted that this was
PAGE TWO - CITY COLTNCIL MINUTES - JANUARY 13, 1998
a great example of the City and County working together.
Mayor Pro Tem Kelley extended thanks to Supervisor Buster, but announced
the idea was from Mr. Bill Trotter of the Friends of the Library, and
introduced Mr. Trotter.
B. Presentafion - Police D~partment Update. (F:127.2)
Cluef Walsh provided a recap on the holiday patrol for the Christmas season
and noted extra patrols in retail areas of town, wluch started the day after
Thanksgiving and ran through the day after Christmas. He explained that
there were about six extra officers daily, and all holiday shoppers and visitors
to retail centers saw lugh visibility. He advised that there were no significant
occurrences during the season, and noted that the extra patrols were provided
through a State grant. Mayor Pape commented that this was good news and
offered congratulations to Chief Walsh and the deparkment.
PUBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address the following items and deferred to those
discussions:
Item Nos. 7, 8, 31 and 32.
The following items were pulled from the Consent Calendar for fiuther discussion
and consideration:
Item Nos. 5, 6, 7, 8, 9, 10 and l l.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Special City CounciU[Jser Group Meeting - November 17, 1997.
(F:44.4)
b. Special City Council Meeting - November 24, 1997.
c. Regulaz City Council Meeting - December 9, 1997.
2. Ratified Warrant List for December 30, 1997. (F:12.3)
3. Rejected and referred to Claims Administrator the Claim Against the City
submitted by the County of Riverside (CL #97-28). (F:52.2)
PAGE THREE - CITY COUNCIL MINUTES - JANUARY 13, 1998
Diversified Landscape in the amount of $84,236. (F:95.2)
PUBLIC HEARINGS
21. Revision #1 to Zone Change No. 97-1 and Revision #1 Commercial Project
No. C 97-4, Proposed Cal Burgers Restaurant a 29301 Riverside Drive. &
Anneal of Conditional Use Pemut No. 97-5, Revision 1- Continued from
December 9, 1997. (F:172.2)(X:58.2)
City Manager Watenpaugh noted the prior discussions of this item and
explained the requested action for tlus evening. He explained that it is a
revision of the original plan and detailed the proposed use and location. He
noted that it went back to the Planning Commission and they did not agree
with the proposed findings by staff; so this time the applicant was informed
that they were denying the Zone Change and detailed their discussion. He
recommended that the Council uphold the Planning Commission decision and
further detailed the recommendations.
Mayor Pape opened the public hearing at 7:16 p.m., asking those persons
interested in this item to speak. The following persons spoke:
! I Dan Kline, representing the property owner, expressed hopes that it was clear
that this proposal was for a rezone from M-1 to C-M zone. He expressed
concern that the recent discussion does not take into account the findings in
November. He explained that after extensive review there were
recommendations to grant the zone change to C-2, but the Board was tied at
2-2 and it was to be revisited for splitting of the lot and rezoning. He
expressed uncertainty as to how the findings now could be as opposite to
those in November. He indicated that their proposal was consistent with the
General policies and General Plan of the City. He clarified that they are
requesting approval for a restawant to be allowed with a drive-thru behind it.
He stressed that the drive-thru will not be visible from Collier, as it will be
behind the building. He encouraged the Council to find the zone change to be
consistent, and stressed that ttris location is a good place for a drive-thru. He
noted comments that a restaurant might become ruu-down, and encouraged
the Council to visit the existing SS Burger Basket to see the quality
maintained by the owners. He stressed that there are no food establishments
close to the Oudet Center, and suggested the need to keep people in the
: Community with their money. He indicated that the Council should uphold
' I the City's prior promises.
Dan DeSimone, 31985 Machado, spoke in opposition to tlus proposal. He
indicated that he feels the area needs master planning, and stressed that it is a
window azea to Lake Elsinore.
Hearing no additional requests to speak, the public hearing was closed at 724
p.m.
PAGE FOUR - CITY COiJNCIL MINUTES - JANUARY 13,1998
Mayor Pro Tem Kelley concurred with Mr. DeSimone that master plauning is
needed and it is a gateway to the City neaz the Oudet Center. She advised
that she previously supported the project because she feels there is a zoning
problem in that area and it should be addressed prior to development of a
project in the area. She stressed that the General Plan needs to be consistent
with the development. She reiterated that she supported this project the first
time and will do so again. She encouraged consistency with the General Plan
before projects come before the Council
Mayor Pape questioned the current zoning in that area. Senior Planner Villa
advised that it is currently zoned M-1. Mayor Pape inquired whether that
zoning would allow for drive-ttuvs. Mr. Villa indicated it would not. Mayor
Pape noted that the applicant was awaze of that zoning up front. ~
Councilwoman Brinley noted that the Council was not present for prior
consideration, but her thoughts are that it is not a proper location for a fast
food restaurant. She concurred that a master plan is needed in that area, as
well as more study. She indicated that she would like to address this area and
see it changed to C-M to allow a restaurant, but not a drive-thru. She
clarified that she made no promises to the applicant.
Councilman Alongi indicated that this is an important azea, however there is
an applicant who has been here a couple of times and was promised a Study
Session which did not occur. Councilman Alongi indicated that he met with
them and City staff, and at no time was the developer told this project would
not be approved if he did not make those changes. He indicated that he
opposed tlus project because he did not want to see the zone changes on the
entire site. He noted that the applicant iried to contact him several times, but
stressed that discussion needs to be done at the dias. He suggested that if the
area is developed into an International Center, there will be a lot of people
wanting to eat, and stressed the need for appropriate services if azeas are
going to develop. He stressed that this applicant stepped forwazd and tried to
comply with the requests of the City; and while he doesn't necessarily agree
that is the type of project to go there, it is not fair for the owner to be held up
on building his project. He indicated that this project should go forward and
he would support it, but stressed he would support only a zone change on the
site where the restaurant sits.
Councilman Metze noted the lazge amount of time spent on tlus project for
one little fast food development. He addressed the comment regarding
promises being made, and indicated that he doesn't believe staff would make
those promises; and in regard to the findings, staff is saying if the project is
approved these aze the recommended findings. He indicated that he has done
a lot of work on this matter, and what concerns him is that up front the
applicant was told about the requirements to be compatible with the General
Plan in that azea. He noted the comments at the Planniug Commission by the
applicant that he was told he could do the restaurant and bought the property.
PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 13, 1998
He noted that lus understanding was that the applicant had not necessazily
bought the property. He stressed that the Council had not committed to the
~ project. He reiterated that staff states the applicant was told about the zoning
up front, and noted that the ultimate goal was to have GM rather than C-2 to
be in line with the e~cisting General Plan.
Mayor Pape noted that this is a situation of person discussing a drive-thru
restaurant, wluch he was told was not compatible and was advised of the
required steps, but felt he wanted to try anyway. He concurred that there was
no doubt that another restaurant would be nice in that azea, but suggested that
a sit-down restaurant is needed. He noted the other fast food restaurants in
the azea and stressed that master planning would be appropriate to make this
a nice entry to the Community. He fuYther noted that there is a lot of interest
in this site by other people as well. He stressed that it is appropriate for the
Council to have vision and upscale the types of developments coming to the
Community.
MOVED BY BRINLEY, SECONDED BY PAPE TO UPHOLD THE
RECOMMENDATION OF THE PLANNING COMMISSION ON THE
ZONE CHANGE AND COMMERCIAL DESIGN REVIEW; AND UPHOLD
THE ACTION OF THE PLANNING COMMISSION ON THE
CONDITIONAL USE PERMIT REQUEST, BASED ON THE FINDINGS
LISTED BELOW:
Mayor Pro Tem Kelley questioned the need for separate motions. City
Attomey Leibold clarified the need for a separate vote on the Ordinance.
Ms. Leibold indicated that it would be best to have two separate motions in
case the first motion fails.
Councilman Alongi indicated this is a sit-down restaurant and noted that even
sit-down restawants are putting in drive-up windows. He siressed that the
applicant has done what he was supposed to do. Ae indicated that people
who have been in the community should receive the same courtesy as is
extended to newcomers are given. He questioned why there aze not similar
concems with other drive-up restaurants. He indicated that this proves that
the Council is not friendly to those who live here and support the community.
Mayor Pape noted that this applicant lives in Fountain Valley; and
commented on prior concerns for safety expressed by Councilman Alongi.
, Councilman Alongi noted that the Minutes reflected lus concerns for the
'~ safety of a drive up window and knowledge by the applicant of the
requirements by Caltrans.
THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH
ALONGI AND KELLEY CASTIN~G TH': DISSENTING VOTE.
MOVED BY BRINLEY, SECONDED BY PAPE TO ADOPT ORDINANCE
NO. 1034, TO REZONE THE ENTIRE PARCEL TO C-M ZONING FOR
„-
PAGE SIX - CITY COiTNCIL MINUTES - JANUARY 13, 1998
CONSISTENCY WITH THE GENERAL PLAN:
ORDINANCE NO. 1034
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, REZONING 3.37 (2.54 NET)
ACRES LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF RIVERSIDE DRIVE (HWY. 74) AND COLLIER
AVENUE, FROM M-1(LIMITED MANUFACTURING) TO C-M
(COMMERCIAL MANUFACTURING) ZONING DISTRICT (ZONE
CHANGE NO. 97-1).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BRINLEY, KELLEY,
METZE, PAPE
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS
COUNCILMEMBERS:
ALONGI
NONE
NONE
Fin in
1. That this proposed use, on its own merits and within the conte~ct of its
setting, is not in accordance with the Goals, Objectives and Policies of
the Lake Elsinore General Plan.
2. That the requested use with the drive-thru lane as proposed will be
detrimental to the general health, safety, morals and welfare of the
persons residing in the neighboring azea or the City.
22. Tentative Parcel Man No. 28712, Coun ,'de Mobile Home Center.
(F:110.2)
City Manager Watenpaugh lughlighted tlus request and the location of the
property. He noted the Planning Commission concerns with the conditions
and related revisions recommended and requested.
Mayor Pape opened the public hearing at 7:45 p.m. asking those persons
interested in this item to speak. The following person spoke:
Jim Bolton, 14880 Amorose, representing the applicant, provided background
on the intent of this project. He e~cplained that the property contains mobile
home sales and off'ice building. He further e~cplained that the intent is to
improve the property; but it was necessary to split the property from the
existing office building to allow for financing of tlus property. He noted the
PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 13, 1998
conditions discussed at the Planning Commission, and indicated that they
have worked out the wording except for Condition number 35 with regard to
the improvement of the edge of the San Jacinto River. He explained that they
originally requested a waiver of that requirement, but if the waiver is not
granted, they would like to tie the requirement to some future building
permits. He advised that the applicant wants to build a garage structure
wluch will need a building permit, but he does not believe that is a significant
enough building permit for the work to be tied to. He suggested that if the
property were redeveloped into something different, it might be more
appropriate. He indicated that they would prefer to have the requirement
attached to something that does not impact the current operation.
Hearing no additional requests to speak the Public Hearing was closed at 7:50
p.m.
Mayor Pape noted City Engineer ODonnell's comments at the Planning
Commission meeting regarding the improvement of the channel, and the
discussion of timing the requirement with the building permit. Mr. ODonnell
noted under the ordinance the City has the right to waive the requirements
under the Subdivision Map Act, or it can time the requirement to a building
permit, putting the burden of improvement on the piece of properly. He
explained that there are two pieces of property fronting the river and each
would be required to do the improvements at the time of building permits, for
any structure greater than 650 square feet. He reiterated that the Council
does have the option of waiving the requirements, but suggested that if
Condition 35 were changed, there would also need to be a change to
Condition 20, to address bonding for the improvements.
Councilwoman Brinley questioned the ability to tie Conditions 20 and 35 to
building permits. Mr. ODonnell indicated that tlus would require adding the
verbiage "prior to building permits" to Condition 35 and adding "except for
San Jacinto River Improvements" to Condition 20.
Councilman Metze noted that the staff recommendation is the only way to go
for the requested waiver. Mayor Pape concurred.
MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE
TENTATIVE PARCEL MAP NO. 28712, BASED ON THE
,, RECOMMENDED FINDINGS, EXHIBIT "A" AND SUBJECT TO THE
CONDITIONS OF APPROVAL, WITH AN AMENDMENT TO
CONDITION 20 TO ADD "EXCEPT THE SAN JACINTO RIVER
IMPROVEMENTS" AND AN AMENDMENT TO CONDITION 35 TO ADD
"AT THE TIME BUILDING PERMITS ARE PULLED".
Mr. Truax concurred with the recommendation, but stressed that there is a
garage which needs to be built and Could trigger a$500,000 river
improvement requirement. He clarified that he would have no problem if he
4: .
PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 13, 1998
were changing the use to a new shopping center or other use. Councilman
Alongi clarified that a garage would be less than 600 square feet trigger point.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
Findings
1. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan. The proposed subdivision
is compatible with the objectives, policies, generalland uses and programs
specified in the General Plan (Government Code Section 66473.5).
2. The effects ttris project is likely to have upon the housing needs of the region,
the public service requirements of its residents and the available fiscal and
environmental resources have been considered and balanced.
3. Subject to the attached conditions of approval, the proposed project is not
anticipated to result in any sigrificant environmental impact.
Conditions of An~roval - Planning Division
1. Tentative Parcel Map No. 28712 will expue two (2) yeazs from date of
approval unless within that period of time a final map has been filed with the
County Recorder, or an extension of time is granted by the City of Lake
Elsinore City Council in accordance with the Subdivision Map Act.
2. Tentative Tract Map No. 28712 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the
Lake Elsinore Municipal Code, Tit1e 16 unless modified by approved
Conditions of Approval.
3. A precise survey with closures for boundaries and all lots shall be provided,
per City Ordinance.
4. Pay all applicable fees including park fees in force at time of issuance of
building permits.
5. Prior to final map approval of Parcel Map No. 28712, the nnprovements
specified herein and approved by the Planning Commission and the City
Council shall be installed, or agreements for said improvements, shall be
submitted to the City for approval by the City Engineer, and all other stated
conditions shall be complied with. Unless waived by the City Council, a11
uncompleted improvements must be bonded for as part of the agreements.
6. All of the improvements shall be designed by developer's Civil Engineer to
the specifications of the City of Lake Elsinore.
PAGE 1vINE -CITY COUNCIL MINUTES - JANUARY 13, 1998
7. Applicant must meet all requirements of Elsinore Valley Municipal Water
District (EVMWD).
8. The applicant shall provide connection to public sewer for each lot within the
subdivision prior to building permit. No service laterals sha11 cross adjacent
property lines and shall be delineated on engineering sewer plans and profiles
for submittal to the EVMWD.
9. Meet all requirements of Southem California Edison Company.
10. Meet all requirements of Southem California Gas Company.
: 11. Meet all requirements of General Telephone Company.
12. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) prior
to final map approval.
13. Dedicate underground water rights to the City (LEMC 16.52.030).
14. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution
85-26).
15. The Pazcel Map shall provide an additional 10 ft. dedication on Casino Dr.
along the property frontage. If there is an existing obstruction in the future 10
ft. dedication, then the maximum dedication should be provided for in order
to try to accommodate a 80 ft. cwb to curb roadway (40 ft. half section) with
a 5 ft. sidewalk.
16. The applicant shall dedicate the slopes and river bottom along the San Jacinto
River as a drainage easement on the parcel map.
17. Submit a"Will Serve" letter to the City Engineering Department from the
applicable water agency stating that water and sewer arrangements have been
made for this project. Submit this letter prior to final map approval.
18. Conshuct all public works improvements per approved plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to final
map approval(LEMC 16.34).
19. Public improvement plans and specifications shall be prepared by a Civil
Engineer. Improvements shall be designed and constructed to Riverside
County Road Department Standards & Riverside County Flood Control
District Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
20. Applicant shall enter into an agreement with the City for the construction of
public improvements and shall post the appropriate bonds, except the San
PAGE TEN - CI1'Y COITNCIL MINUTES - JANUARY 13, 1998
Jacinto River Improvements.
~ 21. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Department for construcdon of public works improvements
(LEMC 12.08 and Resolution 83-78).
22. All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8'/z' x 11" Mylar) shall be submitted to the Engineering
Department before final inspection of public works improvements will be
scheduled and approved.
23. Arrangements for relocation of utility company facilities (power poles, vaults,
etc.) out of the roadway shall be the responsibility of the property owner or
lus agent.
24. Provide street lighting and show lighting improvements as part of sireet
improvement plans as required by the City Engineer.
25. Developer shall install blue reflective pavement markers in the street at all fire
hydrant locations.
26. Applicant shall submit a traffic control plan showing all traffic control devices
for the site to be approved prior to final map approval. All traffic control
devices sha11 be installed prior to final inspection of public improvements.
This includes No Parking and Street Sweeping Signs.
27. All improvement plans and tract maps shall be digitized. Prior to map
recordation, applicant shall submit tapes and/or discs wluch are compatible
with City'sARC Info/GIS or developer to pay $1,000.00 per sheet for City
digitiziug.
~
28. ff grading exceeds 50 cubic yards, grading plans shall be prepazed by a Civil
Engineer and approved prior to grading permit issuance. Prior to any
grading, the applicant shall obtain a grading permit and post appropriate
security.
29. Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations prior to building permit.
30. Individual lot drainage shall be conveyed to a public facility or accepted by
adjacent properly owners by a letter of drainage acceptance or conveyed to a
drainage easement.
31. On-site drainage facilities located outside of road right-of-way should be
contained within drainage easements shown on the final map. A note should
PAGE ELEVEN - CITY COUNCIL MINUTE5 - JANUARY 13, 1998
be added to the final map stating: "Drainage easements shall be kept free of
buildings and obstructions".
32. All natural drainage traversing site shall be conveyed through the site, or shall
be collected and conveyed by a method approved by the City Engineer.
33. Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
34. Meet all requirements of LEMC 15.68 regarding floodplain management.
35. Applicant shall design and construct slope protection along the slopes of the
San Jacinto River in accordance with proper hydraulic & hydrology studies
subject to the approval of the City Engineer, at the time the building permits
are pulled. Applicant shall obtain all environmental permits necessary to do
the construction.
36. Applicant shall record a CC&R which provides for irrevocable reciprocal
pazking, circulation and loading in favor of all lots, subject to the approval of
the Director of Community Development.
APPEAL
23. Apneal of Planning Commission Decision on a Minor Desim Review for 210
Da~is Street within Plannuie Area 6 of the Historic Elsinore District (~
Crreg Rusherl. (F:21.1)
City Manager Watenpaugh higlilighted this appeal. Senior Planner Villa
provided a brief summary of what had been discussed to date; and explained
that this is a proposal to add about 1,800 square feet to an existing 1,000
square foot home. He noted that there was concern with floor plan as it did
show a sepazation between the addition and the existing home and it appeared
to be a duplex. He further noted that there was also concern with the roofing
material, but the applicant has met with staff and agreed to staff
recommendations with regazd to floor plan, and has added windows to a side
wall wluch was of concem to the Planning Commission. He advised that the
applicant has agreed with the materiats, the floor plan has been clarified and
the revised plan addresses the concerns.
Councilman Metze quesdoned if the applicant is aware of what is being
! requested on the Davis street side of the property and inquired whether staff
was now comfortable with the project. Mr. Villa confirmed that staff is
satisfied and the Applicant confirmed that he was in concurrence. Mr. Villa
clarified that the revisions to the plans would be approved administratively.
Mr. Metze questioned Mr. Rusher on his concurrence with the changes. Mr.
Rusher confirmed that he has already used the roofing material requested on
the rest of the house. Councilman Alongi questioned why this matter was
being discussed if everything has been resolved. He further questioned the
s:.;
PAGE T'WELVE - CITY COIJNCIL MINUTES - JANUARY 13, 1998
anticipated value of the home when the work is complete. Mr. Rusher
indicated that he anticipates about $125,000. Councilman Alongi questioned
the price of existing homes in the area. Mr. Rusher indicated that the prices
range from about $140,000 to $200,000.
MOVED BY BRINLEY, SECONDED BY KELLEY TO OVERTURN THE
PLANNING COMMISSION DECISION AND APPROVE THE MINOR
DESIGN REVIEW FOR 210 DAVIS STREET AS CLARIFIED WITH
STAFF; BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO
THE FOLLOWING CONDITIONS OF APPROVAL.
Councilwoman Brinley requested clarification of her ability to vote on ttus
item due to the proximity to her home.
City Attomey Leibold noted that Councilwoman Brinley's home is in the
vicinity of tlus property, exceeding the 300 foot, but not over 1500 feet. She
noted that there would be a prohibition of vote in the case of foreseeable
impact on Mrs. Brinley's property value; and she would be precluded from
voting if it was closer to her home, however that is not the case. Mrs.
Leibold explained that the increase or decrease in the value of her home
would have to be anticipated to be 10% or more to preclude her vote on this
item. She advised that Mrs. Brinley was free to participate in tlris vote.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
Findines
1. The project is consistent with the Goa1s, Objectives and Policies of the
General Plan and Historic Elsinore, Area 6.
2. If the attached conditions are met, the dwelling will meet the Design and
Development Standards of the Historic Elsinore, Area 6.
3. The project complies with the design directives contained in Section
17.82.969 and all other applicable provisions of the Municipal Code.
4. Conditions and safeguards pursuant to Section 17. 82.070, including
guarantees and evidence of compliance with the conditions, have been
incorporated into the approval of the subject project to insure development of
the property in accordance with the objectives of tlus Chapter and the
planning district in wluch the site is located.
Conditions of Anproval - Planning Division
1. Design Review approval will lapse and be void unless building permits aze
issued within one (1) year of the Planning Commission approval date.
PAGE THIItTEEN - CITY COUNCIL MINUTES - JANUARY 13, 1998
2. Applicant shall meet all Conditions of Approval prior to the issuance of a
Certificate of Occupancy and release of utilities.
3. Structure shall be placed on-site as depicted on the approved plot plan and/or
as modified by the Community Development Director or designee.
4. Building elevations shall be constructed as depicted on plans submitted to the
Planning Deparlment. If additional azclutectural treahnents aze proposed (i.e.,
window plant-on treatments, vegetation) they shall be subject to the approval
of the Community Development D'uector or designee.
5. Applicant is to meet all applicable City Codes and Ordinances.
6. Applicant is to meet all applicable County Fue Department requirements for
fire protection.
7. Applicant shall use roofing materials with a minimum of class "A" fire rating.
ff asphalt roofing materials is used on sloped roofs it shall be of the quality of
Presidential Shake three dimensional shingles. Roofing material to be used
shall be subject to the approval of the Community Development Director or
designee, prior to issuance of building permits.
8. The project shall connect to sewer if a sewer line is within 200 feet of the
project boundary unless it is demonstrated to the satisfaction of the Clrief
Building Official that this is infeasible. ff the project does not connect to
sewer, applicant shall comply with the following:
a) Prior to issuance of building permits, the applicant shall submit a Soils
Report wluch includes a sewage disposal plan referenced to the
grading plan and approved by the Riverside County Health
Department.
b) Prior to release for occupancy, the developer shall record a notice
entifled "Septic System Disclosure and Restrictions" specifying that the
property is served by a septic system and that no structure or paving
may be placed over the sewage disposal area or the expansion azea. A
copy of the approved septic system plot plan shall also be recorded
along with tlus notice and provided to the City for verification.
c) An aclmowledgment of receipt of tlus notice by the expected occupant
of the property shall also be submitted to the City.
9. All exterior air condirioning units, shall be ground mounted and screened so
that they are not visible from neighboring property or public streets.
10. Applicant shall plant street trees, selected from the City Street Tree List, a
maximum of thuty feet (30') apart and twenty-four-inch (24") box in size as to
meet the approval of the Community Development Director or designee prior
t.;, ; .~
PAGE FOURTEEN - CITY COLTNCIL MINUTES - JANUARY 13, 1998
to issuance of building permit.
11. A six-foot (6') high wood fence or masonry wall shall be constructed along
the side and rear property lines and shall conform to Section 17.14.080
(Fences and Walls). Wooden fencing where allowed shall have an
overlapping construction to prevent gaps from forming due to shrinkage and
weathering. All wooden fencing shall be painted or treated to protect against
weatherization and staining from irrigation over-spray. Also galvanized steel
posts set in concrete shall be used for the fence vertical support. Compliance
with tlris condition is subject to the approval of the Community Development
Director or designee prior to issuance of building permit.
-12. Prior to issuance of building permits, applicant shall provide assurance that all
required fees to the Lake Elsinore Unified School District have been paid.
13. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in
effect at time of building permit issuance.
14. All Conditions of Approval shall be attached or reproduced upon page one of
building plans prior to their acceptance by Building Division.
15. The address (in numerals at least four inches (4") lugh) shail be displayed
near the entrance and be visible from the front of the unit.
16. Prior to issuance of any grading or building permits, the applicant shall sign
and complete an "Acknowledgment of Conditions" and shall return the
executed original to the Community Development Department for inclusion in
the case records.
17. Provide a flat concrete pad or area 3'- 0" by 9'- 0" adjacent to the dwelling for
the storage of the City trash barrels. The storage pad or area shall conceal the
trash barrels from public view.
Engineering Division
18. 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.
19. Dedicate underground water rights to the City (LEMC 16.52.030). The
document can be obtained &om the Engineering Depariment.
20. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-
26).
21. Construct all public works improvements per approved street plans (LEMC
Title 12). Plans must be approved and signed by the City Engineer prior to
_ _ __
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PAGE FIFTEEN - CIT'Y COiJNCIL MINUTES - JANUARY 13, 1998
issuance of building permit (LEMC 16.34).
22. Street improvement plans and specifications shall be prepared by a Civil
Engineer. Improvements shall be designed and constructed to Riverside
County Road Deparhnent Standards, latest editioq and City Codes (LEMC
12.04 and 16.34).
23. Pay all fees and meet requirements of an encroachment permit issued by the
Engineering Department 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.
24. :: All compaction reports and grade certifications shall be submitted to the
Engineering Deparhnent before final inspection of off-site improvements will
be scheduled and approved.
25. On-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.
26. 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.
BUSINESS ITEMS
31. Pro~osed Revision of Animat Control Ordinance No. 1003 - Or~inance No.
10~. (F:18.1)
City Manager Watenpaugh explained the proposed changes to the code with
regard to abusive animals. He advised that tlus change would allow L.E.A.F.
to deal with noisy animals or bazking dogs, and gives them the authority to
deal with these animals before their Boazd. He noted the exhibits which
explain what constitutes a noisy animal. He advised that a representative of
L.E.A.F. was present for clarification.
Councilman Alongi indicated that ttris is an important ordinance for animal
control, and noted problem areas where people have no consideration of their
neighbors. He stressed that tiris ordinance with give the Code some teeth for
enforcement.
Councilman Metze expressed concern with the proposed ordinance, but he
fully supports the efforts by L.E.A.F., and noted that tlus is apparently a
major concem, based on the complaints being received. He expressed
concern that tlus could become a situation of neighbors causing each other
grief unnecessarily; and particul~rly noted the "reasonable person of normal
sensitivity" verbiage.
,
PAGE SIXTEEN - CITY COUNCIL MEETING - JANUARY 13, 1998
Councilwoman Brinley noted that she would think it would take more than
one complaint to initiate the process. Councilman Metze suggested two
complaints followed by a hearing. Councilman Alongi indicated that
L.E.A.F. employs professional people who know what they are doing; and
consideration should be given to the people serving under the contract. He
suggested that this ordinance would support them in their efforts and should
not be questioned.
Cary Grew, representing L.E.A.F., detailed the process for addressing a
barking dog situation and their investigation; including the bazking dog letter
process and the continuation of the process. She explained that the third time
a certified letter is sent regazding the complaints, followed by a hearing. She
stressed the inconvenience of a bazking dog to the surrounding neighborhood,
and indicated that they are receiving many complaints.
Councilman Metze requested clarification of the ability to "debark" a dog and
whether that is acceptable procedure. Ms. Crrew explained the process and
noted that there are a number of other options to address barking.
MOVED BY KELLEY, SECONDED BY METZE TO ADOPT ORDINANCE
NO. 1033 UPON FIRST READING BY TITLE ONLY:
City Attorney Leibold clarified the ordinance as proposed which provides for
a hearing after the second complaint. She indicated that if protocol is to be
three complaints, there needs to be an amendment to the ordinance. Ms.
Grew reclarified the process and the Ordinance was seen as appropriate to
the existing procedure.
ORDINANCE NO. 1033
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING CHAPTER 6.04 KANIMALS AND
ANIMAL CONTROL OFFICER5", OF THE LAKE ELSINORE
MUNICIPAL CODE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY,
KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
32. C~ Council Policy - Term of Office for Mayor. (F:44.2)
PAGE SEVENTEEN - CITY COUNCIL MINiJTES - JANUARY 13, 1998
City Manager Watenpaugh noted that the policy change item was due to
request from Councilman Metze at the December 9, 1997 City Council
Meeting. He explained the proposed change to the term of selected Mayor
to a one year term, clarifying that the Mayor elected by We earisting City
Council. He fiuther e~cplained that the change would be from the existing
two year term to a one year term, and noted that the Policy should indicate
November rather than April. Councilman Metze noted that lus intent was for
all officers, including the RDA and PFA representatives, and not just the
Mayor. City Attomey Leibold concurred that the cleazer the policy, the
better; and if it is to include the Chairman or Vice-Chairman they should be
listed.
- Cluis Hyland, 15191 Wavecrest Drive, indicated that in her opinion tlus is a
ridiculous change in City policy. She suggested that it should be handled as
is done in Perris, with the Mayor directly elected by the people. She
indicated that the Council should allow choice by the Community and
encouraged letters of support to the City Council, because she will petition
the Council to allow for a vote on Mayor anyway.
Councilman Alongi expressed surprise that Councilman Metze brought ttris
item before the Council and ques6oned why, if he felt that way, he would
' vote against Mrs. Kelley for Mayor. He indicated that he would like to see,
and intends to have a Study Session regazding the election of the Mayor,
hopefully before the Council consideration in February. He indicated that if
the proposed policy is to be adopted, there should be the addition of the word
"new" Mayor, every year. He suggested tlris would allow everyone on the
Council the opportunity to serve as Mayor. He commented that the President
is accused of several things, but that does not discount his ability to serve.
He reiterated that the Councilmembers should have the opportwrity to serve.
He noted that the Mayor is mainly a ceremonial title, even though this Mayor
oversteps his bounds. He suggested that the Mayor should be allowed to sit
as long as he doesn't disgrace the City of Lake Elsinore, and stressed that tlris
is to be a non-partisan Council. He indicated that he agrees with Mr. Metze
about changing, but suggested that it should be something more definite so
there are no gray areas. He indicated if the word "new" is added he will
support the policy.
Councilwoman Brinley requested clarification with regard to the officers for
the Public Finance Authority, Redevelopment Agency, etc., and whether they
should be included in the policy. She indicated that as long as there is a
consensus or majority vote of the Council on the policy she would support it.
She noted that Murrieta just reelected the same mayor for a second term and
slressed that it should be the majority vote of the City Council at the time,
whether it is a new mayor or the same one.
Mayor Pape noted that no one has the "righY' to sit as Mayor, it is only a
matter of having enough votes, and the support of colleagues, based on a
~:.
PAGE EIGHTEEN - CITY COUNCIL MINUTES - JANUARY 13, 1998
simple democratic process. He suggested that to separately elect the Mayor
would only serve to divide the Council, and will not enhance the ability for
future Councils to cooperate. He indicated that it really was a mosdy
ceremonial position and he only signs a few more documents.
Mayor Pro Tem Kelley indicated that she likes the one yeaz term proposal, as
it allows for different people to serve, which is refreshing. She indicated that
with regard to direcfly electing a Mayor, she has given the matter a lot of
thought. She stressed that the Council is currenfly equal, and all are voted on
, the same way. She indicated that while she would not strongly support or
oppose an elected Mayor, while the intent is to get rid of the politics, it would
inherently cause more politics and give more power to the position. She
noted that campaigning will become more expensive and more cutthroat. She
indicated that the way it is done now, even though political, is less polirical in
the long run. She strongly cautioned the proponents of this issue, that the
intention is defeated by doing so. She noted that she does support switching
the ceremonial position around to different people, but clarified that was not
to say the Council could not still appoint the same person every year.
Councilwoman Brinley concurred that the direct election would make the
Mayor even more political. She further concurred that the position would
have more authority because it would be given more, and supported the now
equal vote of the Councilmembers for a majority decision.
Councilman Metze concurred that the Mayor should represent the majority of
the Council and noted other cities wluch do not directly elect the Mayor and
suggested that he does not prefer to emulate the City of Perris. He noted that
he supported Mayor Pape this time, but he might not feel the same way next
time.
MOVED BY METZE, SECONDED BY BRINLEY AND TO APPROVE
THE REQUEST BY COUNCILMAN METZE TO AMEND THE CITY
COUNCIL POLICY REGARDING THE TERM OF OFFICE FOR THE
MAYOR TO A PERIOD OF "ONE YEAR" INSTEAD OF TWO YEARS.
Councilman Alongi addressed Mrs. Brinley with regard to Mr. Van Haaster
in Murrieta, and noted he was out of the position of Mayor for a term. He
indicated that Mrs. Kelley chastised him for withholding lus vote in June to
allow for the 50% vote; and now she is saying that the people are not
intelligent enough to elect the Mayor. He indicated that he thinks the
Community has the right to vote for their Mayor, as it will remove the politics
from it. He also noted that more people might have the opportunity to sit on
the Council, and noted that there are some excellent Mayor candidates in the
Community. He indicated that you can never take the politics out of
government, but electing the Mayor would make the position responsible to
the community. He suggested that the only really important office is the
PAGE NINETEEN - CITY COUNCIL MINUTES - JANUARY 13, 1998
RDA Chairperson, because it is an independent entity beyond the City. He
further suggested that position could not be shifted around and should not be
included in this action. He stressed that the RDA Chair was completely
different, as the City cannot make a decision for the RDA and has no
jurisdiction over the RDA. He indicated that he did not know if it should
apply to the Finance Authority or Recreation Authority. He noted the existing
Council policy with regard to the Mayor deciding what goes to Study
Session. He indicated if there was not a Study Session set, he was
demanding that the City Manager place the item on the agenda for February.
He stressed that the Council has the right to place items on the agenda, and
let the Council do it properly and vote it down.
Mayor Pro Tem Kelley clarified that she said "inherenfly"; not
"unintelligently". She further clarified that she would not support or oppose
the direct election of the Mayor, but strongly warned that by doing so puts
more politics into the situation. She stressed that tlus a very complex issue,
which people should think through. She reiterated that she did not mean to
imply or state that the people are not intelligent enough to elect the Mayor.
Councilwoman Brinley called for the question.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
ITEM P LLED FROM ON NT A. ND R
5. Bids for Demolition of Hazardous Structures - 706 West Graham Avenue -
Environmental Control Systems - $9,000. (F:32.4)
City Manager Watenpaugh ex~lained tlris item as outlined and detailed the
location and status of the property. He noted that it was vacated in May,
1997, and since has been the focus of transient activity, structure abatement,
fire damage and was recently secured by a chain link fence. He noted that
staff was informed that the property was in escrow, with the intent to
rehabilitate the property. He noted that some of the original units have been
divided fiuther.
Building & Safety Manager Russell indicated that tlus structure has been a
nuisance for quite a while; and noted the existence of lead paint and the
lustory of problems with the building. He indicated that staff has not yet
ascertained the intent of the new owners, but will make every attempt to
discuss their intent prior to demolition.
Councilman Alongi questioned the hotel o^ the corner which has been in
abatement for quite some time and was to be tom down. He stressed that
there are older units than the one being discussed. He indicated that the
RDA has no money for loans, but that is the intent of the RDA. He noted a
for a total of $41,000 to teaz down buildings; but ttus money will be gone and
A
d
PAGE TWENTY - CIT'Y COiJNCIL MINUTES - JANUARY 13, 1998
no one can say when it will be recouped. He suggested using tlus money to
tear down the hotel on Main Street. He indicated that he did not understand
why staff was moving on tlris property and not some others. He stressed that
ttus property could be rehabilitated into good property.
MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY A
VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO
AWARD THE CONTRACT FOR ABATEMENT OF THE PROPERTY AT
706 WEST GRAHAM TO ENVIRONMENTAL CONTROL SYSTEMS IN
THE AMOITNT OF $9,000.
THE CITY COUNCIL MEETING WAS,RECESSED AT 8:35 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 8:49 P.M. °:
City Manager Watenpaugh provided background on ttus item and the request.
He explained that it deals with oil, paint, etc. and is intended to develop a
public education program for disposal of these chemicals. He pointed out that
Florence Mowrer has coordinated with the City of Canyon Lake for a joint
application; and the maximum awazd couid be up to $300,000 over two years,
which would pay for staff time, education, marketing, etc.
Mayor Pro Tem Kelley indicated that she pulled this item to publicize the
program, and congratulate and thank Florence for her hard work. She also
reminded the Community about the cwbside program for pick up of oil and
other chemicals. She stressed that the City doing quite a bit in this azea.
MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 98-1.
RESOLUTION NO. 98-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, APPROVING AN APPLICATION FOR GRANT
FUNDS FROM THE CALIFORNIA HOUSEHOLD HAZARDOUS
WASTE DISCRETIONARY GRANT - SIXTH CYCLE 1998/2000
PROGRAM TO DEVELOP, MAINTAIN AND ENHANCE A
HOUSEHOLD HAZARDOUS WASTE PROGRAM.
7. Fire Protection Services Aereement - July 1998 through June 2000. (F:127.3)
City Manager Watenpaugh noted the presence of Fire Department personnel
and noted that this year is anticipated to see a savings in costs. He detailed
PAGE TWENTY-ONE - CITY COUNCIL MINUTE5 - JANUARY 13, 1998
the services provided under the contract and the breakdown of money
collected through the fire service district. He advised that there will be a
total cost of $275,479.00 tlus year, and noted that the original budget
anticipated $315,000, for a savings of about $40,000.. He recommended that
the Council not reallocate those funds at the present time.
Dale Hite, 115 N. Kellogg, questioned plans to get started on the other station
and whether tlus amount would cover the new station. He also questioned the
number of paid fire fighters and the number of volunteers; and whether funds
could be pulled for the other fire station.
City Manager Watenpaugh indicated that with regazd to CFD 88-3 funds,
they can not be pulled and will be held for the fire starion. He detailed the
estimated costs should the City decide to open another fire station. Cluef
Seabert advised that there aze currenfly 18 active volunteers at Elsinore
station; with seven full time positions.
Councilman Alongi questioned the percentage of volunteers in the fire
department vs. regulazs. Cluef Seabert reiterated that there aze 18 volunteers
and 7 paid staff. Councilman Alongi indicated that is over 200% volunteers.
He inquired whether 70% of the fire fighters are volunteers in Riverside
County. Chief Seabert indicated that she does not have that figure.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE FIRE PROTECTION
AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN.
8. 24th Year C.D.B.G. Allocation. (F:84.2)
City Manager Watenpaugh noted the recent study session,on this item and
explained the CDBG process for distribution of funds within the County. He
advised that the City is anticipating about $190,395.00 tlus yeaz; and
explained that there is also a request by the City to use the unused Cap for
community services for the first supervisorial district. He noted that staff
modified the overall proposal following the study session discussion, and
detailed the recommended distribution as follows:
City of Lake Elsinore
Spring Street Reconstruction Project $58,779
Riverside County Fire Station #10
Purchase of Emergency Equipment $22,220
City of Lake Elsinore
Senior Center Services $43,896
Helping our People of Elsinore (HOPE)
Food Program $ 2,500
Assistance League of Temecula
Operation School Bell $ 2,500
€_;;
PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JANUARY 13, 1998
Alternatives to Domestic Violence
Crisis Hotline & Counseling $ 2,500
City of Lake Elsinore
Shucture Abatement &
Violation Compliance $30,000
City of Lake Elsinore
Housing Element Study $28,000
Maryann Edwards, representing the Assistance League of Temecula, thanked
the Council the past support of Operation School Bell. She detailed the
program which clothes needy ctrildren in Temecula, Murrieta and Lake
Elsinore. She advised that they have 64 full time volunteers, who put in over
18,000 hours last year. She fiuther advised that each child refened to the
program receives two complete new outfits and a backpack full of school
supplies; which were distributed to 375 children last year, with 211 from the
Lake Elsinore School District. She also advised that $16,880 was expended
on Elsinore children this year and anticipate doubling that amount this school
year. She elcpressed understanding that there are many worthy causes and
organizations requesting funds. She noted that their teen auxiliary has also
provided each child with a book of their choice.
Mayor Pro Tem Kelley addressed Ms. Edwards, noting that she is a teacher
and each of last three yeazs have referred children; and noted that they aze
teased, self esteem has suffered and she has seen the results of the program in
assisting the ckuldren. She expressed her support of ttus allocation and
wished that it could be more. She stressed the frustration of not having
enough money to go around. She addressed the Senior Center allocation and
questioned whether the proposed reductions will cause the services to suffer.
City Manager Watenpaugh indicated that staffhas reviewed the annual costs
and looked at expenditures for last year; and based on that has reduced the
dollar request to allow for reallocation. He indicated that tlus should not
impact the services at all if the requested County funds are received. Mrs.
Kelley addressed the public works projects and noted that she wished that
money could go to parks, but it can not. She noted the proposed allocations
for the fire department and the Spring street reconstruction. She further noted
the funds for code enforcement; and noted her discussion with Police
Depardnent representatives who believe that any efforts on code enforcement
greatly benefit their ability to serve the community. She noted some of the
pending structure abatements and indicated that the fiu-ds may go even fwther
than anticipated. She commented that the housing element study needs to be
done to meet State requirements. She supported the staff recommendation for
allocarion.
Councilwoman Brinley thanked Ms. Edwazds for the work of Operation
School Bell. She noted that she has been to the facility and seen the children
come in and retain their dignity and self esteem. She further noted the
difficulty of peer pressure; and wished for more to give to them and other
PAGE TWENTY-THREE-CITY COLTNCIL MINUTES-JANUARY 13, 1998
charities, but stressed that there are very limited funds. She commented that
she feels that there is a responsibility to seniors, but the youth are also
important. She indicated that she was glad to see funding for Altematives to
Domestic Violence and noted everyone has laiown people impacted by
domestic violence. She commented regazding the public works projects, and
noted that there are many things that need to be addressed, but ttris is a best
effort to address concerns. She concurred with staffrecommendations and
wished for more money to address other needy causes. She offered her
personal support to Ms. Edwazds for fundraising efforts or other needs to
benefit the cluldren.
Councilman Alongi concurred that there are a lot of needs in the community
for senior centers and community centers, HOPE, Alternatives to Domestic
Violence, etc. He indicated that all of the programs contribute to fighting
crime in the community. He noted a survey by the Conference of Mayors
regarding requests for emergency food and detailed the statistics with regard
to assistance. He indicated that while he supports seniors, they already have
a lovely building, meals, can play pool, etc. He suggested that a part time
person would save the City about $20,000 a year. He noted the recent
elections and indicated that people do not want to spend any more money on
taxes. He indicated that he would like to see the Center cut another $4,000.
He suggested allocating $5,000 for HOPE, School Bell and ADV, and letting
the county match funds for the Senior Center. He stressed the amount of
Senior Center Funds used for wages. He indicated that while he would not
vote against the allocation as proposed, but stressed that the dollars could be
allocated differently. He commented that all of the programs fight crime in
their own way, but stressed the amount of money structure abatement would
need. He indicated that Mrs. Kelley did not give the fiill information and
detailed the cost to board up and clean currenfly listed properties, with no
guarantee of repayment. He e~ressed concern with the negligence of the
owners and the cost of tearing down properties. He fiuther expressed
concem that the Council puts profit over principle. He indicated that the
West End Fire Station should be built, and there will still be time to start
looking for more funds. He suggested taking $20,000 from the Senior Center
by cutting the staff to part time; and stressed that children in bad situations
are for no fault of theu own.
Councilman Metze indicated that he woutd not question the staff
recommendation; and expressed concurrence with that recommendation.
Mayor Pape noted that Spring Street Reconshuction Project will be quite a
bit of work downtown; and noted that downtown is one area where these
funds can be used. He concurred that the dollars for Code Enforcement are
beneficial, and noted the transient activity, fire damage and drug activity. He
fiuther noted that there are definitely buildings to be removed and several
properties with nuisances of weeds, graffiti, trash, etc. He indicated that a lot
of good can be done with these funds, if the program is consistently funded.
l~'4
}~:i:~. .:':~. li
PAGE TWENT'Y-FOUR-CITY COUNCIL MINUTES-JANUARY 13, 1998
He stressed that tlus will get the message out to absentee landlords and
encourage people to take care of properties themselves.
Councilwoman Brinley questioned Chief Seabert, and requested a ballpark
figure that 80% of the fire calls are for medical aid. She indicated that she
would not want a volunteer addressing a heart attack or other serious illness.
Chief Seabert noted that Cluef Wright does not recommended fully staffing
with volunteers. Cluef Seabert clarified that volunteers as trained as well as
full time staff, and stressed the safety hours and training required.
Councilwoman Brinley noted letters received from Chief Wright in the past,
which do not see staffing tlus starion with a majority of volunteers. Chief
Seabert clarified that all volunteer stations are generally in lightly populated
areas. She-stressed that because of the volume in Lake Elsinore, volunteers
can not sufficiently staffthis station.
Councilman Alongi questioned if people woutd ask a firefighter if they are a
volunteer when someone is having a heart attack. Chief Seabert reiterated
that all responders are qualified to respond. Councilman Alongi questioned
the bazgaining unit of the fire department and whether it would be
counterproductive to support volunteer firefighters over paid firefighters.
Cluef Seabert defened to Cluef Brown. Cluef Brown responded that Chief
Wright is only going to recommend to each azea, the proper level of fire
protection. Councilman Alongi further questioned the standard the
Department would like to keep. He questioned if it would be possible to
operate at a lesser standard and still comply with the needs of the community.
Chief Brown indicated that the level of service is based on needs of the
community, and there is a very high volume, with large wildland azeas,
fluctuations in population, heavy industriat and commercial growth in the
City. He indicated that he did not believe that an all volunteer company will
meet the needs of the Community. Councilman Alongi questioned the
amount of volunteers that respond in the City that aze not at the fue station
when called. Chief Brown indicated that he does not have that figure, but
could provide it.
MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE STAFF RECOMMENDATIONS
ALLOCATING THE CDBG FUNDS AS FOLLOWS:
City of Lake Elsinore
Spring Street Reconstruction Project $58,779
Riverside County Fire Station #10
Purchase of Emergency Equipment $22,220
City of Lake Elsinore
Senior Center Services $43,896
Helping our People of Elsinore (HOPE)
Food Program $ 2,500
Assistance League of Temecula
PAGE T'WENTY-FIVE-CIT'Y COiJNCIL MINUTES-JANUARY 13, 1998
Operation School Bell
Alternatives to Domestic Violence
Crisis Hotline & Counseling
City of Lake Elsinore
Structure Abatement &
Violation Compliance
City of Lake Elsinore
Housing Element Study
9. Reprog~g of C.D.B.G. Dollars. (F:84.2)
$ 2,500
$ 2,500
$30,000
$28,000
Mayor Pape indicated that tlus item was pulled by staff.
10. Palm Tree Removal Relating to Power Lines. (F:166.2)
City Manager Watenpaugh commented on the staff proposal for a policy to
allow for sale or removal of palm trees identified for topping by the power
company. He noted areas where they have trimmed trees and allowed them
to die; and explained that this policy will allow for removal of trees in the
right of way if they constitute a problem for the power company, as they will
top the tree which will eventually kill it. He fiuther noted that there has been
a controversy over people stealing palm trees, so tlus is an effort to put
together a program to benefit the community and possibly generate revenue,
rather than letting them die. He advised that there are approximately 10,000
street trees in the City with about 3,000 palm trees in the powerline easement.
He clarified that the intent is not to go out and dig up a11 trees in that right of
way, but when notified that the power company intends to top trees, this will
offer an alternative to letting them die. He indicated that staff feels it will be
beneficial to let a contract for relocation or sale to benefit the Community.
He clarified that this policy would be at no cost to the ta~tpayers, but about
$500 per tree would come to the City.
Mayor Pape noted that the program certainly makes sense, and noted it might
actually be beneficial. He commented that lus preference would be to keep
the h~ees in the community, even if relocated.
Councilman Alongi expressed concern that City Manager Watenpaugh's
comments are contradictory with page three of the report, regarding
relocation of trees. He questioned whether the trees would be relocated at no
cost to the City. Mr. Watenpaugh clarified that different wholesalers are
willing to pay the price for these trees, and if acquired they will relocate them
to another location or a park if that is what is desued. He suggested going
out to bid with landscapers and developers when trees are available for
removal, and clarified that the City would receive the fee and they would
remove the trees at no cost. Councilman Alongi questioned where the trees
would be relocated and suggested that a guarantee is needed that the trees
will be replaced where they aze needed. He elcpressed understanding
:., ~
PAGE TWENTY-SIX - CITY COUNCIL MINUTES - JANUARY 13, 1998
of the $500 purchase price, but expressed concem that the trees may be
needed in another area and he would like to retain that option.
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE STAFF'S RECOMMENDATION TO
SELL PALM TREES IN THE CITY'S RIGHT-OF-WAY WHEN
NECESSARY, TO ELIMINATE POTENTIAL SAFETY HAZARDS; AND
DIRECTED STAFF TO SOLICIT BIDS FOR THE PURCHASE OF PALM
TREES BY WHOLESALERS A5SURING THE CITY THE BEST PRICE
AND HAVE THE CITY MANAGER EXECUTE AN AGREEMENT FOR
THE PROVISION OF PALM TREE REMOVAL WITHIN THE CITY'S
RIGHT-OF-WAY.
11. ke .1 ' ore i oric 1 ociety R~q ~test. (F:108.1)
City Manager Watenpaugh noted the request for the old Methodist Church
pews currently stored in the basement of the Cuttural Center (32 of them). He
explained that the Historical Society has proposed renovating some for
display in the museum, with the balance to be used as a fundraiser to generate
revenue for the Society.
Councilman Alongi indicated that he has a couple of problems with the
request. He explained that he does not disagree with some being given as
historical memorabilia, but he does feel that the City should retain a lot of
them, as they have plaques on them designating who donated them, and in
honor of those people the City should retain them and display them in the
Center. He stressed that tlus would be an opportunity to witness what the
families have done for the Community. He reiterated that he would agree
with a couple for the museum and noted that with the dampness in the
basement they won't last long. .
Mayor Pape suggested offering up to four pews for use at the Historical
Society facility.
Mayor Pro Tem Kelley inquired of the City Attorney as to whether this would
be a gift of public funds. City Attomey Leibold indicated that it would not be
a gift of public funds as long as the public benefits. Mayor Pape noted that he
had the same conversation tlris morning. Mrs. Leibold indicated that if all of
the pews were donated there could be an issue raised with regard to a gift or
favoritism to one entity over another, primarily an issue of favoritism. She
explained that with regard to a few, that would be well within the public
interest with displaying them in the museum.
Councilman Alongi inquired, in that they were originally donated to the
church in name of families, do the families have right to reclaim the property
since they were donated for church use. City Attomey Leibold indicated that
she was not aware of a statute to govern that issue, but clarified that when
PAGE TWENT'Y-SEVEN-CITY COUNCIL MINUTES-JANLTARY 13, 1998
the City acquired the building, the pews were acquired.
MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY
' UNA1vIMOUS VOTE TO AUTHORIZE UP TO FOUR PEWS TO BE
GIVEN TO THE LAKE ELSINORE HISTORICAL SOCIETY FOR USE IN
THEIR MUSEUM.
THE CITY COUNCIL MEETING WAS
AT 9:40 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 9:43 P.M.
PUBLIC COMMENTS
Donna Franson, 7 Villa Valtelena, announced that the Lakes Chapter of the
California Republican Assembly will be holding their first meeting on Thursday,
January 15, at 7:30 p.m. in the Tuscany Hills Recreation Center, 75 Sumerhill
Drive. She stated that Senator Ray Haynes will be the guest spealcer and invited all
Republicans to attend. She gave an lristorical overview of the California Republican
Assembly and their goals, and noted that the Meeting in February will have
Assemblyman Bruce Thompson as speaker.
Frank Jackson, Chuckles Java Juncdon, stated lris concerns regarding a church
allowed to feed the homeless as approved by the Design Review Committee and
noted the problems for the local businesses when the homeless are encouraged to
gather in an area.
Mayor Pape called on Senior Planner Villa to explain the situation. Senior Planner
Villa stated that the Design Review Committee held a Special Meeting today in
which they considered an expansion of a church at 107 E. Graham. He noted that
the existing church on East Graham wants to expand their existing facility to a11ow
bible study and administrative functions as well as additional space for church on
Sundays. He noted that the Design Review Committee approved the request.
Mayor Pape asked what the discussion was regarding a soup kitchen. Senior
Planner Villa stated that one of the requests was to utilize the space one Saturday a
month for an outreach program wlrich serves coffee and donuts to encourage people
to come to the church. He noted that the Design Review Committee voted not to
a11ow that use and the approval was to only utilize the e~ansion azea for Tuesday
evenings,Wednesday evenings and Sunday for church meetings. Mayor Pape asked
how the rumor got started that they were going to have a soup kitchen. Senior
Planner Villa explained that in the initial request they asked to be allowed to utilize
the azea for an outreach program one Saturday a month, however the Design
Review Committee did not approve that. Mayor Pape clarified that the church was
told that they could not have a soup kitchen. Senior Planner Villa confirmed and
explained that this addressed the expansion area, however they have been holding
an outreach program in their e}usting facility for the past five yeazs. He fiu-kher
explained that the eausting facility is a legal non-conforming church and does not
have a Conditional Use Permit. Mayor Pape clarified that they would not be
; .
PAGE TWENTY-EIGH'I'-CITY COUNCIL MINUTES-JANUARY 13, 1998
changing any of the services they have been providing for the last five years, and the
new facility will be used for classes and administrative uses.
Donna Lucas, Collectors Corral, stated that they have purchased the building at 133
North Main Street, and expressed her objection to an expansion of the church or any
other churches coming to the downtown azea. He explained the problems churches
and feeding of the homeless create in a commercial area. She asked that Council
address this issue, and stated that she would faz prefer to see commercial rather than
a church and asked that Council consider their position.
F. Starr Bassion, Main Street Florist, concurred with her fellow business persons
and e7cpressed her concern regarding the church and stated that she felt that their
application was less than honest.
Donna Morin, Lake Elsinore Historical Society, thanked the Council for their action
and staff for their hard work. She appealed to the public to assist them in finding
and acquiring a new facility. She asked that the Seniors consider the Historical
Society for any of their memorabilia that would be perkinent to the City. She stated
that they can contact her at (909) 245-9230 or Cazol Pollack at (909) 245-0421.
Tom Daly, 22031 Village Way, Canyon La1ce, made an appeal for the youth in the
City and stated that he is proposing to open a Youth Center in the City. He stated
that he would like to sit down with Council to discuss this issue and noted the
volunteers who have already stepped forward to assist. He noted that lus main
concern is the youth and asked Council for their assistance. Mayor Pro Tem Kelley
asked if ttus was connected with the Teen Center in Canyon Lake. Mr. Daly stated
that it was not. Mayor Pape asked Councilwoman Brinley to meet with Mr. Da1y.
Martin Esquada, 29015 Rolando Road, spoke in favor of the youth center proposed
by Mr. Daly, and stated that they want to work with the City to make tlus happen.
Jann Howazd, Memory Lane Antiques, spoke in opposition to the church and
questioned the Council's vision for Main Street. She stated the problem that have
occurred on Main Street and noted that by having churches it is allowing Main
Street to get away from having businesses and merchants. She stated that there is
nothing wrong with churches, however it is not an appropriate use for Main Street.
John Del Regno, Dolphin Football, announced that there is a game tlus Saturday,
and noted lus problems with payment to the City for lus football game. He noted
that they need to have the opportunity to play their game on Saturday.
Da1e Hite, 115 North Kellogg, addressed the negodations for the Stadium. He
~ asked why the City does not have other bids on the Stadium. He quesrioned what is
happening with the parks. He addressed the problem of building abatement and
stated that removing the building does not remove the people creating the problem
since they just move to the next empty house. He noted that the longer the City
waits to build the fire station the greater the cost, and felt that the City should not
wait.
_ __ _ __
._ _ _ _
PAGE TWENT'Y-NINE-CITY COiTNCIL MINUTES-JANUARY 13, 1998
Nita Van Heest, 33146 Shoreline Drive, noted that 80% of all fire fighters aze
utilized on a volunteer basis throughout the United States. She noted that the only
difference between volunteer fire fighters and volunteer police is that they do not get
a pay check. She noted that they must have the proper training. She stated that the
Red Lion Inn is a myth, and noted the Development Agreement with Inland Pacific
regazding a hotel; and stated that the whole thing was based on fraud.
Chris Hyland, 15191 Wavecrest Drive, stated that the City owns the pazks and boat
dock wluch are closed, as well as 11 City staff members who were laid off that
maintained those facilities. She noted however that the City still employed a Public
Services Director, Manager of Recreation/Tourism and Assistant City Manager
position and noted those salaries and the savings that the City could make if those
persons were not still employed in Departments that do not function. She noted the
City should eliminate those positions in such lean times and turn the Senior Center
into an all volunteer organization. She stated that labor can function without
management, but management cannot function without labor. She suggested that the
management should be cut from the City, the labor force be brought back and the
facilities opened.
City Manager Watenpaugh commented on the following:
1. Responded to Mr. Hite's comment regazding the closure of the parks and
stated that there has been no direction at this time to close the parks, however
Council has directed staff let them know when the funds run out and that has
not yet been addressed. He noted that staff will be bringing this issue to
Council on the 27th of January to consider. He stated that he cannot answer
why there have been no other entities that have come forward to bid for the
Stadium, however he can only speculate that the costs of the Stadium do not
allow for many organizations to offer.
2. Stated that the Assistant City Manager's position is vacant.
No Comments.
Mayor Pro Tem Kelley commented on the following:
1. Commented on her pleasure regarding getting the Wells Fargo Building for
the library. Commended Supervisor Buster~or lus hazd work in acquiring the
building for the library.
Councilman Alongi commented on the following:
<
,;_
PAGE THIRTY - CITY COUNCIL MINUTES - JANUARY 13, 1998
1. Addressed the Fire Department and stated that he has two brothers who are
retired Firemen and stated that the second highest stress job is being a
fireman, the first being the President. He stated that he does concur with
some of the concerns, however he does disagree with some of the other
points. He stated that he feels that the Fire Department does a great job in the
community both in fire fighting and medical assistance.
2. Stated that lus brother-in-law has taken on the responsibility of caring for the
two children who's brother was drowned in the truck in Lake Elsinore and
stated that the children wake up screaming in the night because of what
happened. He asked what is wrong with a newspaper that puts the picture on
the front page. He asked if they didn't have anytl~ing else to put on a front
page other than that picture, since the cluldren aze old enough to pick up a
paper and look at it.
3. Thanked Carl Love for the arkicle on him. He stated that he does the Santa
Claus because there is a need and he will continue to do it until there is no
need or he drops dead.
4. Addressed the school buses displaying flastring red lights. Noted a public
servant who is more interested in traffic rather than the safety of children. He
noted that it was stated that it was one child that was killed, however he
wondered how that person would feel if it was lus clrild under the wheels of
that bus and the pain of the family. He noted that he has been across the
United States and even in very small towns people do not object to stopping
for a school bus.
5. Stated that it is time for Mr. Alongi to start "Kicking Ass". He stated that a
document was delivered to lus home wluch was the testimony of the Grand
Jury. He stated that the Sun Tribune felt it necessary to print a story about his
friend Dexter Armstrong and stated that if he could give him lris heart and his
life, he would as well as his wife and children. He stated that however, he
went to the paper and told them a bunch of junk about the fact that their
parhierslup had been dissolved in 1991 and that they were not friends
anymore and the garbage that he has in the report, he will answer to
personally. He stated that whether he goes to court or not and whether he is
convicted or not he will go after him and he will pay for all the lies that he has
told. He stated that lus wife and him have loved that man for a lot of yeazs
and they put that man in a convalescent home that he wouldn't put someone
he disliked in, because Dexter Armstrong was a man who prided himself on
perfection. He stated that he wanted perfection for the people that he worked
for and did things for in the churches and other things and he also did it for
the homes that he lived in. He stated that lus wife was willing to give their
bedroom to Mr. Armstrong and had ordered a medical bed to bring him home,
because lus wife could not take the pressure of caring for him. He stated that
his wife was willing to clean lus butt if necessary because they loved him, and
tlus degenerate has the almighty gaul to say the things that he said in tlus
_ . _ _ _ _._
PAGE THIRTY-ONE-CITY COUNCIL MINUTES- JANUARY 13, 1998
report about his father and lus relationslup. He stated that it would not go
unanswered, and stated that David Armstrong has judgements against him for
child support, but has the gaul to go before the Grand 7ury and testify against
him.
6. Addressed a Notice of Claim that was served on him at lus home, which is by
several different lawyers who are representing the BNY, Westem Trust
Company, formerly known as the Bank of New York, Indenture of trust for
the Bond Holders. He started to read the claim.
Mayor Pape asked that the City Attorney give an opinion and then Councilman
Alongi could proceed. Mr. Alongi stated that he can read this because he was
named personally in this claim.
City Attorney Leibold stated that no individual is named and there is a list of
individuals who were identified as possible employees during the alleged misdeed.
She further stated that in any event the claim has been filed against the City,
Agency, and Finance Authority and will be processed in the normal course of events
by which the City and Public Agencies deal with claims', no complaint has been
filed yet and is premature to do so. She recommended that Council allow the public
agency to act in its normal course of business and not air the details of the
complaint, wluch based on preliminary review by ow bond counsel has inaccurate
statements. She noted that bond counsel is meeting with the attorneys in question
and she would recommend that it not be read.
Councilman Alongi stated that he has a right to appoint his own attorney to
investigate why these people feel tlus way. He stated that he will also have
his attomey present when tlus issue is discussed in Closed Session to make
sure that lus rights are not violated. He read from the document a section that
alleging that the City misused the money received from the Bonds and refused
to repay the money. He stated that it also reads that the City also took
$500,000 of the refinance. He further read the charge and stated that they are
very strong words and lris attomey will be in contact with them to find out
why they feel that the City did these things. IIe asked why the District
Attorney feels that they can serve him at We place that he eats and not at City
Hall.
7. He stated that he does not know what ttus Council feels reserves are for. He
addressed the fire station on the West End and stated that if we did it now we
could do a better job and build it cheaper now and then plan on how the City
could man it. He stated that the people are paying for the building in theu
assessments and there aze plenty of people in this town that aze quite capable
of building it. He stated that he for one could build it.
8. He explained that he does not care what the Mayor says regarding Cal-
Bwger, he knew what was said in the City Manager's office and the owner
was told what would satisfy Planning and the concems of the Council, he
PAGE THIRTY-TWO-CIT'Y COUNCIL MINUTES-JANUARY 13, 1998
would be approved. He stated that what should have been done was to tell
the owner a flat "no" when he came to the counter, not to keep moving him
- along. _
9. He addressed the Senior Center and noted that the City laid off 11 employees
from Public Works because there was no funding to maintain Public Works
and asked why the City could not cut the Senior Center a little bit and lay
someone off there to part time.
10. Addressed Mayor Pro Tem Kelley and stated that no matter what Council
does it will be political because that is the system. It is the Democratic
system to allow people to make choices, however people don't have the right
to make choices here on this Council. He stated that it doesn't make a
difference what any other town is doing and noted that he does not live in
other cities, he lives in Lake Elsinore and he is concerned with Lake Elsinore
politics and not anykhing else.
11. He questioned the football team and asked if they had the money in their
hand, and as far as he was concerned "plunk it down on the table and play
ball".
12. He noted that the City makes a big "to do" regarding their accounting. He
stated that it is pony show stuff since we are supposed to do that, however
put in the paper that the City has found $3 million that we can do something
with, that's what should be in the paper; tell him that we aze going to take
$300,000 from our reserves to open our pazks, that's something good; tell me
that we are going to take the money out of the reserves to open the ~re
station, that's sometUing good; but this is bad. He stated that is like giving
our City Attomey a plaque for doing her job, we pay her to do a job and if
she doesn't do her job we get rid of her.
13. He stated that now that he has the document from the Grand Jury and can
make a review of it, the people who said the wrong things are open for
slander suits and aze not protected at all. He noted a conversation that the
Mayor had that referred to the fact that he wore a wire and taped a personal
conversation between them pertaining to the CDBG. He stated that in review
of the document it was amazing that the District Attorney didn't men6on it at
all and did not bring the tape to the Grand Jury and piay it. He stated that it
must not have had anything bad in it. Councilman Alongi stated that they
have filed for a continuance and will be going over the accusations one by
one and will be filing a report. He stated that they will be using every ann of
the system that is available to him since it is ]ris right as a citizen of this
Country. He further stated that it is amazing to him and he sympathizes with
the people on Main Street, and that is why he gets up from his chair and
leaves the room, because there is no way that you can mix man's law with
God's law. He explained that you will either operate on one or the other and
he is a strong believer of the word and the word tells him that we must feed
_ _ _
PAGE THIRTY-THREE-CITY COUNCIL MINUTES - JANUARY 13, 1998
the poor and the word tells him that he must help the sick and they will be
among us. He stated that he does not read anything in that book that says
"except if they are on Main Street". He asked where is the compassion of the
people. He stated that he understands fully and that he owned five properties
on Main Street and had to give them up because of the problems that he is
having now. He stated that he thought it was better just to walk away from
them than to face the bull crap that he has to face on Council and he
understands where the merchants are coming from. He stated that he has put
a lot of money on Main Street, but he also has to remember that there are
those people, like Cazol that the system itself has failed. He noted that he has
had Carol picked up twice and brought to Riverside and the minute that he is
able to tell them lus name and where he lives, he qualifies to place him right
back on the street. He noted Gary who burned ]ris brain out with LSD and is
afraid to step on cracks on sidewalks and is filthy and at one time he taught at
a college. He asked where do we put these people and commented that if the
system won't do a damn thing what do we do. He noted that they are going
to be with us no matter what we say and what we do. He stated that we need
to do something as a society and do something in this community. He stated
that he tried to get a building in this community 3 yeazs ago on Sulphur Street,
which would have housed a11 the community services and use the extra rooms
to house those people. He stated that tlus Council won't do it and the
previous Council didn't do it. He stated that the very people we are supposed
to take care of, we don't. He stated that we have the NIlVIBY attitude "not in
my back yard"; send them some place else. Addressed quality housing and
stated that it is a disgrace to the community and he does not give a damn, so
he will continue to fight for that quality housing for every level of income. He
stated that if that means that a Carol has an apartment on Main Street, so be
it. He stated that if that means that Gary lives neart door to somebody's
business, so be it. He stated that people should get on their laiees and thank
yourselves for what you have that God hasn't put that burden on your
shoulders. That you enjoy good homes and good cars, not saying that you
didn't work for them, however somebody is going to be at that bottom line.
He stated that no one knows where they are going to be on that scale from
year to yeaz and he just wants to see them have an opportunity.
14. Addressed Councilwoman Brinley and stated that he did not give a damn if
she has the place full of police officers, if she rattles him in any way, he will
say what he feels like saying. He stated that it does not make a damn bit of
difference how many officers she has in the auditorium. He stated that he has
a great respect for police officers and thank them every day for the job they
do, but don't you think for a minute that bringing a police officer in ttus
building is going to curtail what he has to say to the public.
15. He stated that he hopes everyone has a happy and prosperous New Year.
Councilman Metze commented on the following:
. p,?
PAGE THIRTY-FOUR-CITY COUNCIL MINUTES-JANUARY 13, 1998
1. Complimented the committee on the Library.
2. Requested a Study Session with the Planning Commission/Design Review
Committee regarding some of the issues on Main Street. He suggested that
the businesses be invited to attend and participate.
3. Noted an article in the newspaper regarding the requests made to the State for
the return of funds. He stated that the cities even have the Howard Jazvis
Taarpayers Association in support of these efforts. He commented that the
article states that $14.3 billion has been shifted from the local governments to
the State since 1991. He noted that the article also states that the we have an
Assembly that has passed it; a Senate that is holding it up; and a Governor
who is making all sorts of promises, yet not a dime has come to the cities. He
asked what the Govemor is running for.
4. He commented on the situation tonight and noted the people that sit and clap
and egg the Councilman on, however the document he referred to makes a
statement 17 times "Willfut and corrupt misconduct in office in violation of
Government Code" and lists the number. He asked how they sit there and
support this gentleman and he come to the meeting and trashes the rest of
Councii. He indicated that "ain't nobody said this about me or anyone else
on Council". He stated that it is lmown that four of the charges have already
been tried to be appealed through the FPPC process and failed. He stated
that the newspapers were really kind to the man, because only one paper said
anything about corrupt, however 17 different times it is telling you, the
citizens of this community that tlus man e~ibited willful, corrupt misconduct
in office. What more do you want and who are you going to believe. He
asked who has been honest with you and who has been dishonest. He has the
documents right here and he has the money to fight it. He noted that all the
rest of Council would be out of office, because they don't have the money to
fight. He stated that it is money buying time. He stated that months ago he
announced that it would all come out in the wash and now it has. He stated
that he considers Councilman Alongi the Titanic, going down slowly,
however when it goes down it will show no mercy.
Councilwoman Brinley commented on the following:
1. Stated that the library will be maintained by the County.
2. Noted the comment regazding cutting the Senior Citizen Center and giving the
money to Public Works. She stated that the City cannot do that since the
money does not come from the General Fund and cannot be used for other
purposes. CDBG funding is restricted.
3. Addressed the downtown area and stated that they will meet with the
Planning Commission/Design Review Committee and she will have a better
idea about what is going on. She stated that it is her understanding that there
PAGE THIItTY-FIVE-CITY COLTNCIL MINUTES-JANUARY 13, 1998
will be no soup kitchen at the church facility. She noted that when she spoke
with Pastor Hilbrant, he assured her that they were going to provide security
to make sure that there was no loitering or problems from their programs.
She stated that she feels that there is a lot of charity on Main Street since she
has seen the local merchants come out in support of different programs. She
stated that she has observed the local merchants giving the homeless money
to go and buy food. She stated that Pastor Hilbrant has been in that location
for the last five years and is growing, and needs the room for his Sunday
School and Bible Study. She noted that past history will show that she has
not been in favor of churches in Business Districts just because of the type of
problems that have occurred. She fivther noted that Pastor Hilbrant is
currently negotiating for a church and does not intend to make that site their
permanent home and asked that the community be patient until he can
relocate. She stated that she will be looldng into the other issues.
4. Addressed Mr. Da1y and lus efforts for a Youth Center and stated that she
will work with him to see what can be accomplished. She thanked Mr. Daly
for his efforts for the youth of Lake Elsinore.
5. Commented on the Dolphins and the problems that staff has had with
deadlines and field issues. She stated that one of the issues is rain damage on
the field.
6. Noted that $6 million of Redevelopment Agency money was invested in the
Downtown area to entice businesses to the azea and to promote tourism. She
noted the program on Vision and Views and stressed that tlus Council does
care.
7. Addressed Councilman Alongi and stated that although he has accused the
rest of Council of being stupid and ignorant, they are not being accused of
willful corrupt xnisconduct and misuse of office. She stated that to her that is
someone who is stupid and ignorant that would go out and do something like
that. She further noted that in the charges he is accused of buying and selling
Redevelopment Agency property and stated that she does not remember him
turning any of that money over to charity or giving it to Kids on Track or
other favorite charities that he beats Council up about.
Mayor Pape commented on the following:
1. Commented on a recent article in the newspaper about the number of building
permits issues in the first part of 1997 versus the number of building permits
issued during the same period of 1996 and noted that in Lake Elsinore we
nearly doubled the number of permits during that time period. He stated that
this is a possible sign that the recession is finally getting over with.
2. Stated that adding to the presentation by Chief Wa1sh, there was an article
that ialked about crime rate and in Lake Elsinore crime was down almost
PAGE THIRTY-SIX-CITY COUNCIL MINUTES-JANUARY 13, 1998
43% from 1994 to 1996. He stated that tlris is a very significant drop.
3. Noted the mailer in the billings from CR & R regazding the activities in the
City. He hoped that the residents have seen and read this.
4. Stated that he attended the Chamber of Commerce Installation dinner and
noted that they have several projects that they will be bringing to the City in
the future and he felt that by working together a lot more can be
accomplished.
5. Thanked the Temescal Football Team for inviting him to join them for their
banquet. He commended the kids for their accomplishments and noted that
the overall GPA of the football players is 3.15, with 4 straight A students on
the team.
6. Asked that Council consider during their Goals and Objectives Study Session,
that funds saved from the fire department be allocated toward the other public
safety needs and the Police Department.
7. Noted that the wheels of justice move slowly and stated that finally we aze
starting to see the results of some of the activities of the District Attomey and
the 19 member Grand Jury. He stated that they took a lot of testimony to
make a decision to come in with the accucations. He commented that he is
sure that Councilman Alongi will do everything he can do to stall, going to
court because once he goes to court and the jury reches a verdict, he is gone.
He stated that he will be off the Council, there is no appeal, there is no more
dragging it on, therefore he needs to do everything he can to prevent it from
going to court. IIe stated that we will be seeing some desperate acdons in the
next few meetings; the time is drawing is neaz; and he will pat himself on the
back and try to drag down whoever he can with him, but we need to focus on
the positive and the things that have been accomplished in the City and move
forwazd and put this behind us. He stated that it is a sore eye for the City,
however it is something that we can work through and it won't be long and it
will be over with and we can move forward.
8. Commented on lus attendance at Congressman Sonny Bono's funeral as
representative of the City and noted that one of the things that stands out in
his mind is the story of Congressman Bono when he was Mayor of Palm
Springs. He said that he felt like a pinata, because someone was always
beating on him.
CLOSED SESSION
a. Anticipated Litigation - 1 Case (Pursuant to Government Code Section .
54956.9b).
THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED
PAGE THIRTY-5EVEN-CITY COUNCIL MINUTES-JANUARY 13, 1998
~
;
SESSION AT 11:00 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 12:05 A.M. NO
ACTION TAKEN.
ADJOURNMENT
MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 12:06 A.M. o
~
~~
K W. P , MAYOR
OF LAKE ELSINORE
ATTEST:
~/~ /~ ~
V ~J~M`v"~ ~~
.~ f7ICK'i I6:A~3; , CITY CLERK
~'~TY OF i~A~iii.E ELSINORE