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HomeMy WebLinkAbout03-10-1998 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA i~ ~ TUESDAY, MARCH 10, 1998 ; ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 Councilman Metze. INVOCATION The Invocation was provided by Pastor Joe Rivera, representing Pressing on Faith Ministry. 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, Commiuuty Development Director Brady, Community Services Director Sapp, Assistant to the City Manager Best, Police Chief Walsh, City Engineer O'Donnell, Public Works Manager Payne and City Clerk Kasad. PRESENTATIONS None. PUBLIC COMMENTS - AGENDIZED ITEMS , Requests were received to lddress the following items and deferred to those discussions: ~ Item Nos. 4, 21 and 22. CONSENT CALENDAR ITEMS The follownig items were ~i~11ed from the Consent Calend~.r for fiu~ther discussion PAGE TWO - CITY COUNCIL MINUTES - MARCH 10, 1998 and consideration: Item Nos. 4 and 7. City Manager Watenpaugh noted that Item 7 will probably be back for consideration on May 24th. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTEA 1. The following Minutes were approved: a. Joint City CounciURedevelopment Agency Study Session - January 20, 1998. b. City Council Study Session - February 12, 1998. (F:44.4) The following Minutes were received and ordered filed: c. Plamzing Commission Meeting - February 18, 1998. (F:60.3) d. Design Review Committee Meeting - February 18, 1998.(F:60.4) 2. Ratified Warrant List for February 27, 1998. (F:12.3) 3 Received & Ordered filed the Inveshnent Report for January, 1998. (F:12.5) 5. Authorized Declaration of Weeds, Rubbish, Refuse and Dirt as a Nuisance - Notification to Property Owners and Adopted Resolution No. 98-4. (F:166.1) RESOLUTION NO. 98-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CIIAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CIIAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. PAGE THREE - CITY COUNCIL MINUTES - MARCH 10, 1998 6. Approved Final Parcel Map 28712, subject to the City Engineer's acceptance as being hue and correct and acceptance of all dedications at time of recordation; authorized the City Clerk to sign the map and arrange for recordation. (F:ll0.2) 7. (This item was pulled from the agenda, to be scheduled at a later date). Set Public Hearing date of March 24, 1998, for the following: a. General Plan Amendment No 98-1 and Zone Change 98-1 - Rancon. A request to change the General Plan Land Use Designation and Zoning of appro~xnately 9.11 acres (APN 373-071-018) from Medium High Density Residential to General Commercial land use and from R- 3(High Density Residential) Zoning to G2 (General Commercial) Zoning. (F:83.2)(X:172.2) APPEALS 21. Apneal of Planning Commission Action (Condifion #151 Conditional U e Permit 97-9 - Golf Driving Range. (F:21.1) _ City Manager Watenpaugh noted that this is an appeal of Condition #15, for which the applicant is requesting a waiver of the fee required for street improvements. He noted that the Municipal Code would require sireet improvements upon renovation of the e~sting buildings. He suggested that since this is a temporary use, the fees could be reevaluated at five years. He recommended approval of the requested waiver. Dean Patterman, representing the applicant, reiterated that the project is proposed as a temporary use and they feel that the fees are not necessary at tlus time. He noted that the ultimately developer would be responsible for the required improvements. ~ Susan Hori, 19100 Von Kannan, Irvine, submitted a letter for the record on behalf of TMC Communities and noted that the purpose of letter was to ensure that any project would be developed and implemented consist~nt with the specific plan. Leroy Tucker, 3532 Cherry Blossom Lane, noted that he is a golfer and _ stressed the need for practice facilities in the area. He indicated that this was a good area for a driving range and he would like to see it approved. ' Councilwoman Brinley noted that since this is just a temporary use, she could see allowing the applicant to proceed without paying the fees at this time. She indicated that she would like to see the addition of a condition to replace the current Condition No. 15, so that when he comes back at the end of five years, that there is a requirement for half or the total of the fees at that time. PAGE FOUR - CITY COUNCIL MINUTES - MARCH 10, 1998 She indicated that this would be a safety net for the City, and after five years a project tends to be more permanent. Councilman Alongi inquired what would happen if this project was approved ~ for five years and Liberty decided to start this area in three years. He questioned if this Conditional Use Permit can be voided. City Attomey Leibold indicated that Condition No. 2 provides that if there is earlier activity that would conflict with this use, the Community Development Director has the authority to pull the permit. Mayor Pro Tem Kelley indicated that she has no problem with this approval since it is a temporary use. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO WAIVE THE FEES FOR THE FIRST FIVE YEARS, WITH THE CAVEAT THAT AT REQUEST FOR EXTENSION THE FEES WOULD BE WORKED OUT AS APPLICABLE AT THE TIME. City Attomey Leibold clarified that after the first five years there would be annual renewals up to a maximum of five years. 22. Ap~eal of Design Review Committee (DR~ Acrion on Febn~arv 4 1998 for 201 N Main Street Change of Sien Facg, Re~uest for "Church of Christ". (F:21.1) City Manager Watenpaugh highlighted this request and explained the prior approvals for a church. He noted that the sign was originally approved for repairs which did not occur and the sign was not grandfathered in. He indicated that the Plauning Commission is recommending that the sign be brought into compliance rather than allowing the sign face to be removed. Chris Pederson, Temecula resident, indicated that in the discussion they did not know what was going on, but it did appear that a major concern of the Design Review Committee was the disrepair of the e~usting sign. He suggested that it was a very unfortunate misunderstanding, but from his knowledge the sign was always in good repair. He noted that they ha~e already expended about $1,000 for new sign faces; and indicated that they are willing to accept any compromise such as a limited time, non-ilhunniation, etc. He noted discussion by DRC regarding the potential of it being used for advertising, but that is not the intended use. He advised that they do not participate in any secular activities, provide food or shelter, or even hold potlucks in their building. He stressed that they plan to be good neighbors and requested furkher consideration. Councilman Alongi questioned when this group purchased the church and whether they ever applied to occupy it as a different church. Mr. Pederson indicated that they did a considerable amount of investigation prior to ~, PAGE FIVE - CITY COUNCIL MIIVUTES - MARCH 10, 1998 purchasing the building. Councilman Alongi inquired who told them that the e~sting permit went with the building. Mr. Pederson indicated that it was either Senior Planner Villa or another staffmember. Councilman Alongi inquired whether the sign was an issue at that time. Mr. Pederson indicated that it was not a major issue at that time, but they were told that proper lettering would be required. Councilman Alongi quesrioned the timing of obtaining a pernut from DRC. Mr. Pederson indicated they had the sign made, but did so before they had approval for the new sign. Councilman Alongi inquired why they felt it necessary to have a sign of that size and why they need to advertise. Mr. Pederson indicated that it was not viewed as a particularly large sign, but merely the place far the sign. He stressed that the sign had the old church's name on it. Councilman Alongi inquired if when the applicarion was made to DRC, they submitted any drawings of the facade and sign. Mr. Pederson indicated he didn't believe they did, but there was a report from a private application which described the landscaping in some detail. He noted that an application was in file from a prior request. Councilman Alongi expressed concern that type of sign was not grandfathered in. Mr. Pederson indicated that he was not certain what "grandfathered" meant. Councilman Alongi clarified the term. Councilwoman Brinley questioned Community Development Director Brady and requested assurance with regard to how the process would proceed Mr. Brady indicated that th.e owner of the sign would be given the opporhuiity to remove it, and if it is not removed the City could abate it and have removed. Councilwoman Brinley indicated that since the sign is not grandfathered, she would like to see it conform with the Overlay District. She suggested that the sign appears to be a commercial sign and does not fit with the design for the area. She concurred with the Design Review Committee comments on this sign. Mayor Pape inquired whether the Committee received the same information provided to Council. Community Devel~pment Director Brady confinned. Mayor Pro Tem Kelley noted the downtown design standards and stressed the importance of maintainuig those standards and stressed that this was a non-conforming sign to begin with. She fmther stressed the need to stick with the standards as set. Mr. Pederson noted the material provided by staff which says in the analysis that it was grandfathered in. Councilwoman Brinley stressed that the sign was never grandfathered in. City Attorney Leibold noted that as she understands the free-standing sign was determined to be a legal non-confornung use when the standards were adopted; however if the face of the sign is changed then the legal non- conforniing status is revoked ~n3 the sign must comply with the most up to date standards. Community DA•~e?opmen± Director Brady confirmed that this was the case. Councilman Metze indicated that he would like to see both signs brought into PAGE SIX - CITY COUNCIL MINUTES - MARCH 10, 1998 conformance with the Overlay District standards. He noted other signs which should be addressed as well, and stressed the importance of holding everyone to the set standards. He noted that it would have really helped if a business license had been obtained, so they could have been advised of the requirements in advance; and indicated that he believed a letter was in the mail. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO DENY THE APPEAL FOR THE CHURCH OF CHRIST SIGNAGE. BUSINESS ITEMS 31. Patrol Boat Grant - Acc.gptance of T ow Bid. (F:84.1) City Manager Watenpaugh noted the City has been involved in this Grant process for quite some time and has received approval of grant, awarded for $40,000. He expiained that the item before Council is a request to approve the low bid and authorize staff to expend up to the $40,000 for additional equipment as necessary. He requested Community Services Director Sapp to address the item. Community Services Director Sapp introduced Sergeant Paul Brinkman, the new Sergeant in charge of Lake Patrol and noted that Sergeant Brinkman is a certified diver with a great deal of experience. Sergeant Brinkman thanked Council for the opportunity to speak and presented an overview of what has been done to date. He stated that he began his career in Lake Elsinore in 1976, on patrol; has been on two target teams; and detailed his career with the department. He stressed that Lake Elsinore is home for him and that he has been working with the Coast Guard Aw~iliary to provide more patrol and protection on the Lake. Sergeant Brinkman stressed the need for volunteer eyes and eazs and is also working with LEMSAR. He stated that it is his hope that all law enforcement will be scuba qualified in the City to allow for everyone to respond correctly. He indicated that he is working on another state grant for a large pontoon boat for use in Search and Rescue, evacuation and Lake maintenance. He noted that he is also working with State agencies to promote the Lake. Sergeant Brinlanan stated that he is looking forward to working with Council. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BID FROM ALUMAWELD IN THE AMOUNT OF $32,792.00 FOR THE PURCHASE OF A PATROL BOAT AND AUTHORIZE STAFF TO SPEND UP TO THE GRANT AMOUNT OF $40,000 ON STATE APPROVED CHANGE ORDERS THAT MAY OCCUR DURING THE PATROL BOAT'S CONSTRUCTION. 32. ~ R~q»Pst from TMC Libertv Education Park Committee. Mayor Pape noted that the City received a letter requesting that the Council PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 10, 1998 appoint a representative to the Committee to discuss issues and options for the proposed Education Park. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY ~ UNANIMOUS VOTE TO APPOINT MAYOR PRO TEM KELLEY TO THE TMC EDUCATION PARK COMMITTEE. Mayor Pro Tem Kelley accepted this appointment. ITEM PULLED FROM ONSENT ALENDAR 4. Claim A~ainst the Citv - Fernando & Sandra Frai~~to - CL #98 8. (F:52.2) John Seepe, 15631 Ha1f Moon Drive, noted that at the last meeting Councilman Alongi made a commitment to the community and it was received with open anns. He noted discussion at the last meeting of public safety, and suggested that the words fell on deaf ears. He commented that the Council was "unfortunately" appointed as the guardians of the City, and noted recent comments by the Mayor to Wildomar and Cleveland Ridge. He questioned why the City would challenge the COI status and stressed that the residents expect public safety, pothole repair, etc., but the Council is more concerned with annexing more properiy. He indicated that he would like to see a higher level of services provided for existing residents. He suggested that the Council take down the fences, fix the roads, belly up to the responsibilities for the roads and take care of that first. Mayor Pape indicated that he was not certain how these comments applied to the agenda item, but stressed that no annexation can occur without resident approval, the fences are down at the parks and as soon as the rain stops there will be some major road repairs done through the spring and summer. He further stressed that permanent road repairs can not be made while it is raining, noting that every other city also has potholes in the rain. Councilwoman Brinley questioned the legal procedures with this type of claim and the process. City Attorney Leibold noted that the standard procedure is to send Claims to Carl Warren and they make the recommendation which is presented to the City Council; and the recommenclation stands for the Insurance Authority and Adjuster. City Manager Watenpaugh noted that a contractor will be out fixing potholes the next three days, but commented that there can be problems during heavy rains. He advised that park fences are now down or coming down and being relocated. He pointed out that the School District required that the fence be reinstall at Terra Cotta to secure their campus. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO REJECT AND REFER THE ABOVE LISTED PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 10, 1998 CLAIM TO THE CLAIMS ADMINISTRATOR FOR I3ANDLING. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:45 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:49 P.M. PUBLIC~OMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wa~ecrest Drive, questioned why Clairmont Research, which is TMC's Public Relations fiim is involved in our Library. She noted a meeting which was held in January, hosted by Clairmont Research and the citizens of the area of TMC Development regarding the telecommunications affects of the Liberty Project and fiuther noted a letter which addressed a Magnate School System proposed for the Liberty Project. She read a portion of the letter and asked when they will be moving into City Hall. She also read portions of a letter from CalTrans addressing the Liberty Project and the denial of their requests that were presented and she noted that FEMA is not going to lower the minimum elevation below 1260'. Ms. Hyland noted that the letter from Ca1 Trans required submittal of the current Specific and Grading Plans for the entire back basin to insure that the back basin storage capacity is maintained. She summarized by saying that she want the public to know that TMC may be in a little bit of trouble. Jim Gray, 15159 Mimosa Drive, noted the amount of people at 5u~nxner Lake Park and stated that he felt that the Council has been holding the citizens hostage for the last seven months to gain higher taxes. He noted that the activity in the parks shows that there is money for the parks and now that the Agreement has gone in for the Stadium there is now money for the West End Fire Station. He stated that in his •opinion the Library is not going to have the necessary costs met to move into the Wells Fargo building for $150,000. He noted that it will cost more line with $300,000 and cautioned Council to be very careful of the bids and how the project is handled. Lee Bowen, 17445 Sunnyslope, noted that he has purchased property in Country Club Heights and did a lot merger to facilitate building and now find that they are required to deed a street easement of ten feet and explained that the septic lines would ha~e to be located in that same ten feet wluch would prevent them from building since to relocate the leach lines would place them too close to the proposed home. He stated that the only way to resolve this issue is to come before Council and request a waiver which will be placed on City Council Agenda in two weeks and asked that Council consider approval. Lauri Breveleri, 32485 Ortega Highway, stated that she has lived in the Lake Elsinore area for the last three and one-half and feels that she has lost all that she has had due to lack of cooperation of the law. She fiuther stated that she has a briefcase full of violations against the City. She explained that she is in serious PAGE NINE - CITY COUNCIL MINUTES - MARCH 10, 1998 trouble and is tired of being pushed around due to lawlessness. She noted that the Constitution of the United States, clearly states that when any form of government fails to do it's job it is the right of one person to abolish or alter the govemment. Ms. Breveleri stated that either the City Council will speak to her like a human being and quit treating her like some low life scum bag or she will talce action. She fiuther stated that the duration of her stay in Lake Elsinore will be spent on correcting a system gone wrong. She noted the Meeting where Councilxnan Alongi was removed from the dias and reminded Council that a house divided is a house fallen and this should be addressed. She stated that she wants to make Lake Elsinore a better place for our children and for people like her who did not deserve the unjustified destruction of herself as a human being. She stated that she expects one or more of Council to contract her so that she can get her situation straightened up. She stated that she is putting this in God's hands. John Langdon, 32400 Racquet Club Way, representing Serenity Housing Tract, stated that on February 10, 1998, his Father submitted 82 signature, signed by the residents of Serenity opposing the development of the Motor Cross Park. He stated that it has come to his attention that the project had already been approved on February 2, 1998. He asked why they were not notified and told prior to February 10, why this was not passed and clearly shows wrong doing on the part of the City. He asked if there has been an Environmental Impact Report and asked for a copy. He noted the future plans of the Liberiy Housing Tract and asked how well Council khinks the homes will sell if they are located near a Motor Cross Park. He asked for a response to his requests on behalf of Serenity Homes. CITY MANAGER OMMENT City Manager Watenpaugh advised that the Manufacturer's Council will be hosting their meeting at the Diamond Stadium, March 11, 1998, at 7:00 a.m. He noted that the Inland Empire is recognizing the comdor in Lake Elsinore and the amount of activities taking place in our community. CTTY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1. Advised that she will be announcing closed session topics at a later time. 2. Addressed the Moto-Cross project and noted that it is only an interim use until future development occurs; with the terms being three years or until the issuance of a building permit for the model homes for the Liberty Tract. CITY COUNCIL COMMENT Mayor Pro Tem Kelley commented on the following: PAGE TEN - CITY COUNCIL MINUTES - MARCH 10, 1998 1. Noted the Wells Fargo Bank Building was purchased by the County of Riverside for $310,000; the County is working in parknership with the City; the City's part is the $150,000 that is in the Library Account which has been collected through developer's fees specifically for the Library; the money from the City will be used to bring the building up to code and to remodel it to facilitate the Library use. She stated that at this time the City is negotiating with the County since the City would like to own the building and should the City purchase the building from the County, the City will use future mitigation fees to make payment. She stated that if the County retains ownership, then the City will be a partner with them. Councilman Metze commented on the following: 1. Requested staff to schedule a Study Session to address the return of the Water Task Force to deal with water shed and water quality issues. He stated that at that titne goals and objective will be presented to Council and the Water Task Force. He noted that it is tnne to address these issues. Councilman Alongi commented on the following: 1. Noted that prior to buying property, it is best to check the area to ascertain the restrictions. He stated that Country Club Heights is a very difficult area to build in and that is the reason why so few build in that area. He stated that the restrictions are not necessarily from the City, but from the County and State as well. He explained that in his opinion, when the Council starts to approve variances in that area he feels that it will put the City in a bad position since one variance leads to another and before you know it there will be substandard building in Country Club Heights through reducing the min;muxn requirements. 2. Noted that potholes speak for themselves. 3. Addressed the people who ha~e called him about the Vons Market going in where the Ortega Market is located. He stated that he has tallced to the City Manager and he has no laiowledge of it. He asked that he not receive anymore calls about the Vons Market. 4. Noted the statements that the City cannot use the Library Funds for anything but the Library. He stated that the statement is true, however it is not a statement of truth. He explained that there was well over $300,000 in that account and the City borrowed $200,000 to balance the budget. He further explained that there are areas where the City does shift funds around and this is not saying it was wrong because at the time the City needed it to balance the budget, however there are areas where cities, counties and the State do play games with their , PAGE ELEVEN - CITY COUNCIL MINUTES - MARCH 10, 1998 financing. He further stated that it is not wrong, however the governments should be up-front with the people. 5. Addressed USA Properties and noted the quality of the units that are being built. 6. Commented on CFD 88-3 and noted a ta~c bill that was given to him by Mr. Davis and of the total amount is $3,200 of which $1,700 is for CFD 88-3. He noted that the people that live in the CFD 88-3 have paid their share and have paid for that fire station and it should be built. He stated that it is up to the City to hy and figure out how to pay for the staffing. He further stated that it is the responsibility of the City to provide services and not to create reserves because we thinlc something might happen. 7. Noted that there are different ways to interpret laws and stated his surprise that a General Manager of a Cable Company would come to a City Council regarding her concerns. He stated that she could have written a letter to the Mayor or City Manager regarding profanity, however she came to the Council Meeting and lied to the Council and public. He noted Media One's agreement with the City and read from Ordinance 855, page 4, Item T, and stated that in the agreement it does not mean "unless there is profanity" and does not give the General Manager the right to censor nor deny the public the right to view the Council Meeting. He noted that if the public wishes to pay $29 to Media One then it is O.K. to get a smut movie through their service. He stated that it does not botl:er Media One if children see it then. He stated that he felt that it was irresponsible of the General Manager to come to the Council Meeting and insult the people, when she herself does not know the definition of profanity and what everyone thinks profanity is. He noted that there are certain words that he has never heard come from the podium or the dias. Councilman Alongi stated that if the General Manager of Media One has a problem with the language used at a Council Meeting, then she should use a disclaimer which warns that the program may not be suitable for youngsters. 8. Addressed the Disposition and Development Agreement for Liberty Project and noted that the agreement states that they will get no direct t~es from the City. He noted that all the taY increment from the Liberty Project goes back to pay for the Capitol Improvements. He stated that the money would normally come back to the Redevelopment Agency so that it would relieve the City of it's liabilities and would also allow the City to build the Redevelopment Agency for work that our staff does. He noted that the $1.2 million that the City use to get, we don't get anymore, therefore our parks, police and fire services suffer because the City can't get reimbursed PAGE TWELVE-- CITY COiTNGIL MINUTES - MARCH 10,1998 from the RDA. He noted that the RDA doesn't ha~e the money because we keep giving it away. He noted another area of the DDA which allows Liberty to use City property to guarantee improvements. 9. Thanked staff for the repair job on the alley behind the Texaco Station. He stated that he received compliments from the people in the area and he does appreciate that. Councilwoman Brinley commented on the following: 1. Addressed Mr. Gray's comments regarding the parks being held hostage and stated that it was never at any time the intent of Council to hold the parks hostage to keep our children from playing to raise t~es. She noted that Council had to look for new sources of revenue due to the loss of funds from the Lighting and Landscaping District. She noted the efforts of Council to free up money to reopen the parks and now Council can implement their plan with the Agreement from the Stadium. She noted that the parks will not be able to be maintained as they were in the past, however the City is doing the best that they can with the funds available. 2. Addressed Ms. Breveleri's comments and stated that the issues that she presents should be addressed at the County level since the City has no jurisdiction in her area. 3. Addressed Councilman Alongi's statements regarding the actions of the General Manager of Media One and noted that it was stated by the General Manager that Councilman Alongi has the right to free speech, however Media One reserves the right not to broadcast the program if it is found to be offensive and profanity is offensive. Councilwoman Brinley stated that there is nothing in the Franchise that states that any Member of Council has the right to sit at the dias and swear at the community or allow that type of language to go to their homes. She stated that what the General Manager was doing was exercising her right to deny service to prevent the broadcast of profanity. 4. Thanked the Chamber of Commerce and the Down Town Business people for the Open Air Market that was held on March 1. She noted that there were over 2,500 people and noted the sales. She stated that it was a great day. 5. Stated that the Chamber of Commerce is sponsoring the Circus and gave an overview of the activities that will be presented. She encouraged everyone in the community to attend. She stated that for more information ca11 the Chamber of Commerce for date, time and price. Mayor Pro Tem Kelley stated that it is on Saturday, Apri118, and the City will be fihning Visions and Views. PAGE THIRTEEN - CITY COUNCIL MINUTES - MARCH 10, 1998 6. Announced that the Chamber will be holding a Monte Carlo Night at the Diamond Stadium on Saturday, March 28, 1998, at 7:00 p.m., $15.00 a person which includes 100 free chips and hors d'oeuvres. Mayor Pape commented on the following: 1. Commented on the Opening Ceremony for Girl's Softball two weekends ago and Little League Grand Opening last weekend. He noted that it was a lot of fun and good to see the children on the fieids making memories that will last a lifetime. 2. Noted that it is time for weed abatement and reminded the property owners in the City that they have until May 4 to clean and abate weeks. He stated that if the City does the abatement there is an administrative fee of $250. He further noted that it is less expensive if the property owners do it themselves. He stated that due to the rains this year the weed have had a head start and asked that it be addressed as soon as possible to prevent fire problems. 3. Noted that the Parks are open and in use by the various youth sports which was made possible by the Stadium Agreement. 4. Commented on the girl injured and noted that when she goes back to school the pazents should feel more secure due to the location of the ambulance/paramedics to Terra Cotta Middle School and their ability to respond to that site since they are located near four comers. 5. Responded to comments regarding Media One and the use of profanity at City Council Meetings. He stated that it is embarrassing and the public is entitled to have a"G" rated City Council Meeting and Council. GLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPA'!'E~~ LIT~~iATI~,:;~~ (Initiation of litigation pursuant to subdivision ( c) of Sectien 549~6.9 (1 Case). b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision ( a ) of Section 54956.9): Koliber vs. Elsinore Valley MWD, et a1- Case #217976 Harvey & Page, et al. vs. Elsinore Va11ey Municipal Water District, et al. - Case 215768. City Attorney Leibold announced the above listed items for discussion in closed PAGE FOURTEEN - CITY COUNCIL MINUTES - MARCH 10, 1998 session.. ~ THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:25 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:55 P.M. WITH THE FOLLOWING ANNOUNCEMENTS: A. LEGAL COiJNSEL REVIEWED THE STATUS OF THE CITY'S REQUEST FOR RECONSIDERATION OF THE LAFCO DESIGNATION OF CLEVELAND RIDGE AS AN UNINCORPORATED COMMUNITY AND COUNCIL DIRECTED THE CITY ATTORNEY, BY A VOTE OF 4 TO 1, TO ATTEND THE LAFCO HEARING AT WHICH THE ITEM IS TO BE HEARD. (F:52.1) B. SPECIAL LEGAL COUNSEL PROVIDED AN UPDATE ON THE LITIGATION AND THE COUNCIL UNANIMOUSLY DIRECTED LEGAL COUNSEL AND THE CITY MANAGER TO PURSUE SETTLEMENT NEGOTIATIONS. ADJOURNMENT MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:58 P.M. ~ VIN W. PA E, MAYOR ~ CITY OF LAKE ELSINORE ATT~ST: r ~. ll"~.~ = VICKi K~.~A~, CITY CLERK C'''I'Y ~F ~.AcKE EI.SINORE