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HomeMy WebLinkAbout01-27-1998 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 27,1998 ~~***~~*~~*~*~~****~**~~*~~*~~r~**~~*~~*~~*~~*********~~**~~~~*~~~~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Presentation of Colors by Pack 30 Cub Scouts, sponsored by Elks Club, with Assistant Leader Hasa1. INVOCATION None. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE Also present were: Executive Director Watenpaugh, Legal Counsel Leibold, Administrative Services Director Boone, Community Development Director Sapp, Fire Cluef Seabert, Police Chief Walsh, City Engineer O'Donnell, Building and Safety Manager Russell, Senior Planner Villa and Clerk of the Board Kasad. A. Presentation - Repprt on RTA Tran.~portation Now Coalition. Councilwoman Brinley noted that Dave Walsh sits on Transportation Now , Coalition and would be reporting on behalf of that group. Dave Wa1sh provided an update on the Transportation Now Coalition and its accomplislunents. He noted specific actions prompted by citizen queries such as the relocation of the bus stop from the Alamo Market to Graham/I,angstaff. He also noted their success in obtaining a Van for Project HOPE, and the second season for the Holiday Trolley. He expressed his personal concerns with the Welfaze to Work Programs and stressed the need to reallocate the dollazs. PAGE TWO - CITY COiJNCIL MINUTES - JANUARY 27, 1998 Councilwoman Brinley noted that the Committee is working diligently to reconnect the old Route 28 from Temecula to Corona. She commented on the responsibility to provide public transportation in support of the Welfaze to Work program. She advised that RTA is inidating a program in the schools from Kindergarten forward to learn about the bus routes. She further advised that efforts will be starting at Lake Elsinore High School in the Leadership Classes. She stressed the concern of the Committee to make travel through the City more pleasurable and provide better service to the Community. She introduced Joan Danfifer from R.T.A. and noted her help and input to the committee. Mayor Pape noted the Redevelopment Agency public hearing on the Stadium Lease Agreement and suggested holding the Redevelopment Agency Meeting first. City Attomey Leibold noted the need to add a Closed Session item under Government Code Section 54956.9 regarding a case of Anticipated Litigation upon which the facts and circumstances arose after the posting of the agenda. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADD THI5 CLO5ED SES5ION MATTER OF ANTICIPATED LITIGATION TO THE AGENDA. THE CITY COUNCIL MEETING WAS AT 7:14 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:35 P.M. None Requested: Councilman Metze indicated that he would be abstaining from vote on Item No. l.b. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Study Session - December 18, 1997. b. Special City Council Meeting - December 30, 1997. (The vote on tlus set of Minutes was an approval by a vote of 4 to 0 with Councilman Metze abstaining). c. City Council Study Session - December 30, 1997. PAGE THREE - CITY COiJNCIL MINUTES - JANUARY 27, 1998 d. Special City Council Meeting - January 6, 1998. The following Minutes were received and ordered filed: e. Pianniiig Commission Meeting - December 17, 1997. f. Planning Commission Meeting - January 7, 1998. g. Design Review Committee Meeting - December 17, 1997. h. Design Review Committee Meeting - January 7, 1998. 2. Ratified Warrant List for January 15, 1998. 3 Received and ordered filed the Investment Report for November, 1997. 4. Approved Conditional Cancellation of Special Tax Lien CFD 88-3 (Lake Elsinore Unified School District), and authorized the City Clerk to sign and record appropriate documentation on behalf of the City. 5. Approved Public Hearing Date of February 10, 1998, for the following: a. A request to amend the East Lake Specific Plan, for about 784 acres, to reduce the number of proposed residential uses and reduce the commercial and mixed uses. Pursuant to the California Environmental ~ Quality Act, staff will prepare an EIR Addendum to address potential environmental impacts which may result from the project. 31. Second Rea ing - Or inance No 1033 relating to Noisy Animals & ni a1 Control. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1033 UPON ON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 6.04 "ANIMALS AND ANIMAL CONTROL OFFICERS", OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBER5: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 27, 1998 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Readng - Or inanCe No. 10 4 re1?~ng tn _7.nne C'.hange 9~_1 _ Riverside Drive/Collier Avenue. MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1034 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORN~A, 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 NOE5: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Park Facility Fun ' g. City Manager Watenpaugh noted that tlris is a summary of the funds collected to date and a request to continue funding. He reminded Council of the reallocations following the initial closure of the parks and the authorization ~`~ for matching of funds collected. He detailed the contributions and expendihues to date. He noted the potential for a funding source with approval of the T~IC_Lease_Agreement and the potentiat for reallocation of the saved dollazs. He suggested that the Council also consider the potential of funding an additional $30,000 to remove the existing pernneter fencing in the pazks; and another portion to be allocated for the separation of the Campground to allow it to reopen. He noted other possible uses for the removed fencing. He suggested that the Council might want to wait until an agreement is approved before consideration of additional reallocations. Mayor Pape commented that sometimes the best plans don't always work out, _ __ __ __ PAGE FIVE - CITY COiJNCIL MINUTES - JANUARY 27, 1998 as it was originally intended that there would be a funding source to allow Councii to bring the pazks back to at least the 50% level. He clarified that the funding source was to be the savings on operations of the Diamond. He noted that while the agreement is very close, it is not yet final. He stressed that both sides want to assure that all of the details aze taken caze of; and indicated that the substantive issues have now been dealt with. He e~lained that the service level being discussed is a 50% level, wluch is more than has been seen recently. He indicated that with regard to plumbing and electrical, the approval should be on an as needed basis, rather than no allowance for repairs. He suggested that with regard to irrigation, inspection should be daily to allow for daily changes in weather and conditions. He indicated tt-at the other item to consider would be Park Capital Funds paid by the developers; he noted that this can not be used for park maintenance, but could be used to address capital items, such as approximately $54,000 for lights. He suggested replacement of the lights at Lakepoint park, with the remaining good bulbs being used for Terra Cotta Pazk. Mayor Pro Tem Kelley suggested that with the Stadium Agreement continued to the next meeting, she would also like tlus item continued; although she would support the allocation of funds to replace lights and noted the existing safety issues at Terra Cotta. She noted that the youth Isagues have expressed a desire to add their dollazs for maintenance and help out with the parks. She reiterated her thought that tlus should be continued to the next meeting. Mayor Pape suggested that any action be made contingent on the Lease Agreement being approved. Councilman Alongi concurred with Mayor Pro Tem Kelley and stressed that the money will come out of the reserves and open the pazks for i~se. He suggested that the longer we delay, the more it hurts youth teams and their ability to make plans. He indicated that tlus item could be postponed and whatever the decision on the agreement, the Council could still take another direction to open the parks. He noted that he does not want to see them closed permanently. He stressed that developments are still paying assessments for the pazks, and reiterated that this item should be postponed, offering to second such a motion. Councilwoman Brinley indicated that she would have no problem with approval contingent upon the approval of the agreement; and if it does not go through it will need to come back for further discussion. MOVED BY BRINLEY, SECONDED BY PAPE TO APPRO.VE THE / REALLOCATION OF $132,500 FROM THE STADIUM LEA5E SAVINGS ~ FOR THE OPERATIONS AND MAINTENANCE OF THE CITY'S PARKS FACILITIES AT A 50% LEVEL FOR THE BALANCE OF FISCAL YEAR 1997-98, CONTINGENT UPON APPROVAL OF THE CONTRACT WITH TMC FOR THE STADIUM LEASE; AND ALLOCATE $54,000 TO REPLACE THE BULBS AT LAKEPOINT PARK, REUSE THE PAGE SIX - CITY COITNCIL MINUTES - JANUARY 27, 1998 REMAINING BULBS AT TERRA COTTA AND ALLOT $5,000 PER MONTH FOR NLY, AUGUST AND SEPTEMBER FOR ADDITIONAL WATERING OF THE PARKS. Councilman Metze requested clarification of the $5,000. Council clarified the intent. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. Shirley Armstrong, 415 N. Lowell, indicated that she was present to disagree with the remarks made by Councilman Alongi at the last meeting. She indicated that they go back many years, and she has seen the good, the bad and the worst in him. She fiuther indicated that he had no business bringing she and her husband into the discussion, commenting that it was cruel and unnecessary. She commented that with regard to loving him like a brother, her husband did at one time; however after he saw what George was becoming he did not agree. At that time he dissolved the partnerslup in 1991, ~and from them on Mr. Armstrong watched Mr. Alongi dig himself deeper into dishonesty. She indicated that she resents the remark that she put lum in a nursing home not fit for sick animals; and questioned whether he ever thinks before he speaks. She stressed the situation of trying to caze for her husband, and noted the comments that the Alongis were going to take them to their home, clarifying that they did not have a bed for him. She indicated that Dexter passed away the same day that he had asked that she not let Mr. Alongi talce him to their house, as he was afraid of what George would do. She commented on decency. Virginia Ra~no, 980 Pazk Way, noted how the cable TV bill is going up and indicated it is getting ridiculous. She fiuther noted that her original monttily bill was $13.36 and it is now $31.92. She suggested that there is a need for competition or a choice to bring the prices down. She commented that some people can not get TV reception with an antennae, and she does not like being gouged on the price. Peter Dawson, 18010 Grand Avenue, indicated that he wanted to speak on Item 5 of the Agenda wluch moved to the next meeting; but he would suggest a change to the plan. He expressed concern with the proposed development and the azea below elevation 1267'. He suggested that before the Levee, no construction was permissible in the back basin; noting that the project was originally sold on the basis that the lower azeas would be recreation areas. He expressed concem that some of that recreation has been changed to housing units, and questioned the prudence of constructing permanent housing units in the flood basin. He noted the potential for flood events exceeding the 100 yeaz level; and noted that the 100 year level was reached in 1969, 1980, 1983, 1993 and 1995. He questioned whether there was certainty that it would be safe and whether the flood channel would provide adequate protection, particulazly if the storms come too rapidly. He noted the PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 27, 1998 flooding in Orange County last month and advised that they received seven inches of rain in an eight hour period, wluch was deemed greater than a 500 yeaz event and possibly a 1,000 year event. He suggested if such a storm had come to tlus area, this discussion would not be occurring and there would be no development contemplated in the back basin. He questioned whether the Council was sure they wanted to take such a risk. Ace Vallejos, 15231 Cobre, commented that on January 22nd, Cleveland Ridge was designated an unincorporated community. He noted a letter received on City letterhead that opposed the project and questioned why ta~c dollars were used to oppose the issue with no public discussion. Chris. Hyland, 15191 Wavecrest informed the Council that each Councilmember needs a copy of the Brown Act and a supplement; noting that there are many new defuutions as of January l, 1998. Leroy Tucker, 3532 Cherry Blossom Lane, noted that he came before the Council several weeks ago; and later a representative of the Governor's office came out to talce a look at the Lake, during the fish kill. He commented that the squeaky wheel gets the grease, but seems someone needs to be killed or maimed before action is taken. He noted the recent death of Sonny Bono and lus efforts to assist the Salton Sea, which was followed by Newt Gingrich announcing that $100 million dollars had been approved for the restoration of the Salton Sea. He suggested that they should have held back some of that money for Lake Elsinore. He further suggested that the City Council let the Governor laiow that the City is aware of the funding for the Salton Sea and request funds for the Lake. CITY MANAGER COMMENTS City Manager Watenpaugh announced to the public that a new Community Development Director, Robert Brady, will be coming from the City of Cemtos starting on February 18th. He looked forward to Mr. Brady joining the City team. City Attomey Leibold announced that from the past Closed Session discussion there was a settlement in the Spectrum Litigation. She noted that the original demand was in excess of $2 million; and it has now settled for total of $155,000, with the City paying $127,500 and the balance being paid by the Insurance Authority. CITY COUNCIL COMMENTS Councilman Metze commented on the following: 1) Noted his enjoyment of the Auction and Hall of Fame Event and complimented the Storm Team, Friends of the Library and Grad Night Committee on a successful event. He looked forward to attending PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 27,1998 again next yeaz. Councilman Alongi commented on the following: 1) Addressed Mrs. Armstrong and indicated that his prior comments were to her son, not her; and suggested that her son committed perjury and he will not let him go. 2) Indicated that a Councilmember placed a news article in lris mail and responded that he will continue to fight until his money runs out or he dies. 3) Apologized for missing the Student of the Month lunch today. 4) Indicated that with regazd to the Mayor sending out letters, there was a Study Session and concem was expressed by the Council with regard to those letters. He noted a letter to the Water District and quoted the letter. He indicated that he thinks the Water Dishict has money and is not broke. He suggested that the Mayor get consideration of Council before sending out letters; noting that it was necessary to send a letter in opposition to his letter on the LAFCO matter. He suggested that he doesn't want to bother the people if they want a Community of Interest to prevent being in the City. He indicated that it will be necessary for the City to make friends in the surrounding azea before they would want to be part of the City. He stressed the need for control on the County side of the Lake to make that side productive and improve it. He suggested that the Mayor needed to take a few steps back, and indicated this was another reason the community should elect the Mayor directly. 5) Advised that with regard to TMC, he would like to see that project proceed, but noted the comments by Mr. Dawson and noted the approvals by other agencies which are still needed. He indicated that it ~_ bothers him that staff time is being taken when there are still a tremendous number of approvals required, noting the reduced staff and the value of theu time. He further indicated that tliey do not even have a will serve letter from EVMWD yet. 6) Indicated that he does not caze if there is contract with the ball field or not; but the parks should be open anyway. He stressed that the reserves of $2 million belong to the people , and questioned why the negotiations are being dragged out, either they want the ball field or not. He commented that it is very complicated worcling to decide if TMC will pick up the $400,000 in costs per yeaz. He suggested that it was not fair to the staff or the City Manager. 7) Indicated that he is going to put two items on the agenda regardless of PAGE 1vINE - CITY COiJNCIL MINUTES - JANUARY 27, 1998 what the Mayor says, being the West End Fire Station and Voting for the Mayor. He noted that Mrs. Kelley made a big deal about him not letking the people vote last June; and stressed that ttus can still be placed on the June ballot, and save wasted efforts on collecting petition signatures. He noted that with regard to the fire station the money is in the bank, the economy is starting to move and the building costs will skyrocket soon. He suggested that approval to build will give the City about 18 months to figure out how to fund the staffing. He noted other fire stations with volunteer services and suggested that his point was proven by the other councilmembers insulting the volunteer fire fighters. He stressed that the only difference is a paycheck. 8) Noted that Councilman Metze made a comment about Mr. Alongi being the Titanic, but he will not sink. He indicated that he has not made up lus mind who will represent him, has an advisor at the time of the trial, but noted that there aze a lot of constitutional issues to address. He indicated the he wants an attomey experienced in RDA law; and noted that Mr. Orr does uot understand RDA law. 9) Indicated that from now on he will not be saying anything to the newspaper. All future statements will be from lvs Attorney Mr. Atkinson. Councilwoman Brinley commented on the following: 1) Thanked the Boy Scouts of Pack 30 for the presentation of colors, and indicated that is was nice to have them do so. 2) Thanked Mr. Walsh for lus report on the Transportation Now Coalition, and thanked Joan Danfifer, at RTA, for her work. 3) Indicated that regarding COI's, out of the nine created by LAFCO, 5 have impacted Lake Elsinore; and there is a concern on wluch the Council should take a position. She stressed that cities create spheres of influence, and noted the past consensus of the City Council that the Mayor should take the concerns to the LAFCO board. She indicated that there are times that the City does need representation and the Mayor is the one to do it. She stressed that the City still needs to look at the legal side of the COI issue, and questioned whether COI's aze ever requested to provide a master plan for the Community and what the timing is for infrastructure. She noted that the City receives a number of calls from County residents requesting the City to respond to Code Enforcement and Maintenance issues. She reiterated that she would like to see them required to come back with a master plan. She indicated that she appreciates the Mayor and City staff attending the LAFCO meeting to keep the Council informed. PAGE TEN - CITY COiTNCIL MINUTES - JANUARY 27, 1998 4) Concurred that she wants to see all parks open for the community, but needs to know where the money will come from. She stressed that the pazks need to be operated in a condition that is safe for the residents. She eacpressed hopes that with the approval of the contract with TMC, staff can get to work on the parks right away. Mayor Pro Tem Kelley commented on the following: 1) Concurred that the Council toolc a stand on COI's and the Mayor's letter was very appropriate based on that action. 2) Indicated that with regazd to the parks everyone wants them open, but it would be fiscally unwise without a funding source. 3) Thanked Pack 30 for the presentation of colors. 4) Noted how wonderful the Hot Stove Event was and noted that the Storm raised $8,800 at the auction to be divided between the Grad Night Activities and the Friends of the Library. She commented that the most eapensive item went for $1,200 for a Nolan Ryan signed baseball shirt. She looked forward to the event next yeaz. 5) Advised that the Albertson's Market at Four Comers andcipates starting construction the week of February 23rd, with the Grand Opening in October of 1998. Mayor Pape commented on the following: 1) Noted that he recently asked about Albertsons and was glad for the updated information. 2) Advised that the ARCO at Fow Corners will open by next month, and noted that they are in the process of moving the traffic signals to complete the project. 3) Announced that Lake Chevrolet is anticipating opening the week of February 9th. 4) Indicated that the Council has discussed and voted on a LAFCO policy, but stressed the need to do what is in the best interest of the City. He noted the concems with the Sphere of Influence and noted that all aze welcome to attend the LAFCO meeting and express their opinions. 5) Concurred with Mr. Tucker's comments on Lake funding. He noted that it was unfortunate that it took Sonny's death to draw the funds from the Government, but stressed that they were federal funds, not PAGE ELEVEN - CITY COUNCIL MINUTES - JANUARY 27, 1998 State funds. He indicated that the City is lobbying diligently at the State level with the local representatives and a representative of the Govemor's Office, and due to the recent visit, they now think of the problems with water quality and aze working to assist the City. 6) Addressed the Water District letter and indicated that it was asking them to work with the City and appear to be business friendly, to draw business. He noted that he often receives comments about problems in working with the Water District; and he had a couple of ideas he thought he could sit down and discuss with them. 7) Indicated that the LAFCO letter had been addressed fairly well; noting that Councilman Alongi was factually challenged. He indicated that the public will hear a number of schemes until the trial is over. He noted a recent article on fire station which aze built and sit empty because there is no money to staff them. He stressed that even a volunteer station would cost about $250,000 a year. He commented that it was not appropriate to play political games with public safety. He noted Mr. Alongi's statement that the District Attorney does not know anything about RDA law, the; threats against witnesses and the treatment of the widow of a friend are not appropriate. He noted that i Mr. Alongi will be back in court next month, but an innocent man generally tries to get things like this resolved quickly. He stressed that the public will need to tolerate schemes and nonsense for the next few meetings. CLOSED SESSION a. Conference with Labor Nego6ator - LICTNA 777 (Pursuant to Govemment Code Section 54957.6). THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION TO DISCUSS THE ABOVE LISTED ITEMS AT 8:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:50 P.M. NO ACTION TAKEN. ADJOiJRNMENT ' MOVED BY METZE, SECONDED BY PAPE CARRIED BY UNANIMOUS VOTE TO ADJOURN THE R GULAR CITY COUNCIL MEETING AT 9:50 P.M. A '~::ST: ~. (~ ; ~ ~EVIN W. P E, MAYOR `~~~ ~CITY OF LAKE ELSINORE KI ~ y?:, CITY CLERK