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HomeMy WebLinkAbout05-26-1998 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 269 1998 kxkkka'e at at �F x' xkk *>; kk *k kic kaF ie �'e d: 9e dex �'cx kx kx k *kaF x' $e ie 9e *k-'ex k *x kat it �': $e 9e 9; kkkxxkki; k 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 Councilwoman Brinley. 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 Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Assistant to the City Manager Best, Community Services Manager Edelbrock, Public Works Manager Payne, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS a. Proclamation - Motorcycle Awareness Month. (F:122.1) Mayor Pape read and presented the Proclamation to ABATE representatives. ABATE representatives thanked the Council for the Proclamation and noted that all cities in California have been asked to recognize Motorcycle Awareness Month. She noted that they will be drawing riders from all over Southern California for their annual rally to be held in Lake Elsinore this weekend. The representatives then presented the Mayor with a Certificate of Appreciation for the support of Motorcycle Awareness Month. b. Presentation - Neighborhood Pride Awards. (F:56.1) Marls Dennis, representing E.V.M.W.D. explained this locally sponsored PAGE TWO - CITY COUNCIL MINUTES - MAY 269 1998 program which is five years old; and noted that is intended as recognition of the best in the community. He stressed the intent to encourage superior property maintenance and the conservation of water resources. Community Services Manager Edelbrock advised that there were over 20 nominations this year, and all seven winners were present at this meeting for recognition. She thanked the judges, Frank Geyer, Rod Kaihara, Melanie Newman and Tammy Fruin. She noted that the City was divided into sections of like home within the Community and there are awards in each of those areas. She presented the award winners as follows: Area A - Hardscape - James & Zofia Ayers Area B - Hardscape - Roger & Patricia Miller Area B - Mixed Use - John & Leigh Ball Area D - Mixed Use - Carla Tryon & Diana Hughes Area E - Hardscape - Demetrios & Peggy Tragos Area E - Mixed Use - Robert & Lois Salchow Grand Prize - Mike & Susan Mayer C. Presentation - Skydive Elsinore. (F: 14.1)(X:56.1) Larry Noggle, noted that he purchased Skydive Elsinore in October of 1996 and has always had a goal of having a business they can be proud of. He provided an update on their progress to date and noted that the success of their business is due in part to the cooperation of other area businesses. He noted . upcoming events being planned and presented a framed plaque from the Golden Knights. He noted that the area businesses made this group feel so welcome they plan to return next year. Mr. Noggle presented the plaque to Mayor Pape and thanked the community for their support. Mayor Pape noted that the plaque includes a photograph, autographed by all of the Golden Knights team members. Mayor Pape noted that staff has been working to put together an awards program to recognize outstanding businesses in the City, who help create a positive image for the community. He advised that this will be a quarterly award, of which the first goes to Skydive Elsinore. He noted that there will be a perpetual plaque displayed in the lobby of City Hall and presented. an individual plaque for display at the airport. Mayor Pape noted the efforts of the airport to improve facilities, and increase the patronage and notoriety of the airport. Mayor Pape congratulated Mr. Noggle and presented him with the plaque. Mr. Noggle quoted Chuck Brown from the Golden Knights PAGE THREE - CITY COUNCIL MINUTES - MAY 26, 1998 saying "we have found our winter home "; and stressed that they intend to come back annually as the budget permits. PUBLIC COMMENTS - AGENDIZED ITEMS A request was received to address the following item and deferred to that discussion: Item No. 32. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Items Nos. 5, 61 7 and 8. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. I . The following Minutes were approved: a. City Council Study Session - April 2, 1998. (FA4.4) b. Regular City Council Meeting -April 14, 1998. C. Regular City Council Meeting - April 28, 1998. The following Minutes were received and ordered filed: d. Planning Commission Meeting - April 15, 1998. (F:60.3) e. Design Review Committee Meeting - April 15, 1998. (F:60.4) 2. Ratified the following Warrant Lists: a. April 30, 1998. (F:12.3) b. May 14, 1998.. 3 Received and ordered filed the Investment Report for March, 1998. (17:12.5) 4. Accepted assignment of the Communications Site Lease Agreement with Pacific Bell Mobile Services for McVicker Canyon Park. (F:68.1)(X:114.12) 9. Authorized staff to proceed with Notice of Vacancy and Advertisement for Applications for two Planning Commission seats. (17:60.2) PAGE FOUR - CITY COUNCIL MINUTES - MAY 269 1998 BUSINESS ITEMS 31. Amendment to Ordinance, Municipal Code Chapter 9.96 relating to Lake Regulations - Ordinance No. 1037. (F:92.1) City Manager Watenpaugh highlighted this item with regard to changes in the rules on the Lake to comply with the changes to the State code; and detailed the areas of change in the Harbors and Navigations Code. Councilman Alongi inquired whether modifications had been made to the noise ordinance with regard to boats. City Manager Watenpaugh indicated he was not certain, but would check on it. Mayor Pro Tem Kelley questioned the age limit for operating a boat. Community Services Director Sapp indicated that this action would raise it to 16 years old. MOVED BY BRINLEY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 1037 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADDING SECTIONS 9.96.220 AND 9.96.230 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. City Council Policy - Palm Tree Removal. (F:120.1) City Manager Watenpaugh highlighted this item, and explained that the power lines restrict the height of these trees; so they go out and top the trees. He further explained that when palm trees are topped, the tree will die; and this is an attempt to preserve those trees at no added cost to the power company or City. He noted that offers have been made by landscapers to come in, remove them and give a token fee to the City and PAGE FIVE - CITY COUNCIL MINUTES - MAY 269 1998 turn around and sell them. He explained that the intent of this item is that when staff is notified that the power company will be topping trees, staff would have gone out to a request for proposals from developers or landscapers to remove those trees. He noted that part of the proposal would require removal and relocation of a tree for the City for every so many trees removed. He commented that there has been interest expressed by developers to move the trees and keep them in the community. He noted that the projected revenue is $50,000 for the coming year, but that figure is not really known, as it would vary from year to year. He further noted that this item would incorporate a monitoring program on the private property tree removal as well. He commented that seven or eight years ago there were a number of poachers of the trees on both public and private property. He stressed that this monitoring program would protect the private property owner as well. He indicated that staff will bring the RFP back to Council when it is completed. Dick Knapp, City Treasurer, disagreed with the proposed policy, indicating that he doesn't think it has gone far enough. He noted the trees which he believes are in the right -of -way and suggested that the power lines should be removed instead of the trees. He suggested that with regard to the fiscal impact the City would spend $50,000 if there were 3,000 trees to sell. He noted trees which were previously stolen and the money lost in those trees; and indicated that they have created a hazardous situation for children with the palm fronds. He indicated that they are not filling the holes properly, as they should be filled with D.G. and compacted. He suggested that staff should go back to the drawing board, and indicated that the City can only account for about 5% of the 3,000 trees and the rest are privately owned. He noted the need for insurance to cover the City if the contractor screws up. City Manager Watenpaugh indicated that those issues will be covered in the RFP, but the policy should not be a problem. Councilman Alongi questioned if this was only a matter of trees which interfere with the power lines. City Manager Watenpaugh clarified that this also includes sight line obstructions, ingress /egress, and power line right -of- ways. He questioned if there are two palm trees in front of a residence, in the right -of -way, can the property owner maintain them and trim them to prevent removal. City Manager Watenpaugh indicated if it is not a sight line problem, the City would maintain them. Councilman Alongi stressed that these trees are expensive, but he is looking for a way that when this Council is not sitting here, the trees will be protected. He indicated that not too many trees are interfering with power lines, but stressed that there are a tremendous amount of trees in the public right -of -way. He noted that Mr. Knapp brought up an interesting observation, as the City always seems to get sued. He expressed hopes that when the trees are removed that PAGE SIX - CITY COUNCIL MINUTES - MAY 26, 1998 inspectors would be present to ensure that proper compaction takes place when the trees are removed. He stressed that unless someone is there to enforce the requirements, there is generally going to be a problem. City Manager Watenpaugh indicated that he did not see any reason that stipulation could not be added to the Council Policy to include removal of palm fronds and filling and compaction of the holes. Community Services Director Sapp indicated that the RFP will require that a supervisor be on- site and require compaction of the soil; but offered the alternative of modifying the policy. Councilman Alongi inquired if there would be a fine imposed if the work was not properly inspected, and stressed the importance of assuring compliance to prevent a dangerous situation. City Attorney Leibold indicated that the contract would require appropriate insurance and compliance with the specifications of the work. Councilman Alongi indicated that he would like a fine included in the policy and stressed the need for an extreme fine, if they do not have it properly inspected. City Attorney Leibold indicated that it would be possible to include a penalty or liquidated damage clause in the contract. Councilwoman Brinley expressed concern that great caution is exercised in the private property situations; and would want verbiage to assure that staff would work with the property owners for a reasonable solution. Community Services Director Sapp indicated that they will have a surveyor out to verify that the trees are in the public right -of -way. Councilwoman Brinley stressed that she wants to assure that the City is user friendly. Mayor Pro Tem Kelley noted that the calls she has received on this item were based on the articles in the newspaper. She reiterated that the only the trees in immediate danger of being topped by the Edison Company would be removed. She stressed that the trees should be kept in the community wherever possible. She indicated that she felt the RFP would adequately cover the safety concerns. Councilwoman Brinley suggested that the motion include the additional requirements. Councilman Metze questioned if condition number 3 in the proposed policy would address the concerns. Councilwoman Brinley indicated that if a tree is on someone's private property, she doesn't want to see areas for argument. MOVED BY BRINLEY, SECONDED BY ALONGI TO APPROVE THE PROPOSED POLICY WITH MODIFIED CONDITIONS AS DISCUSSED. City Attorney Leibold requested clarification that the modified conditions involved insurance requirements and specifications for compaction. Mayor Pro Tern Kelley requested that staff be directed to work to relocate the trees within the City whenever possible. PAGE SEVEN - CITY COUNCIL MINUTES - MAY 269 1998 WITH THE CONSENT OF THE SECOND, THE MAKER OF THE MOTION AMENDED THE MOTION TO INCLUDE INSURANCE REQUIREMENTS, SPECIFICATIONS FOR COMPACTION AND THE DIRECTION TO STAFF FOR RELOCATION OF TREES WITHIN THE CITY WHENEVER POSSIBLE. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. ITEMS PULLED FROM CONSENT CALENDAR CR & R Annual Consumer Price Index (CPI) Increase for Refuse Collection. (F:68.1)(X:163.1) City Manager Watenpaugh noted that this is a procedural item, which is part of the contract in place since 1992. He advised that the 1998 -99 fees would increase by 20 cents per month. He noted that David Fahrion, President of CR & R was present to respond to questions. Councilman Alongi indicated that he pulled this item for a couple of reasons, one being to note that it was a very small increase. He thanked Mr. Fahrion and CR & R for doing a great job for the City of Lake Elsinore. He noted their extra efforts to meet the needs of the community, and thanked them for that service. He indicated that he would still like to see how they could make it possible to collect delinquent commercial accounts, in the same way residential accounts are resolved. MOVED BY ALONGI, SECONDED BY METZE TO CONFIRM THE APPLICATION OF NEW RATES FOR REFUSE PICK -UP, RECYCLING AND DISPOSAL, EFFECTIVE JULY 1, 1998. Mayor Pape noted that this is a housekeeping item, but indicated that he got a call with regard to mobile home parks, indicating that they do not have a lot of green waste. He suggested that a reduced rate be made available to those residents. He noted that in working with Mr. Fahrion and the City Manager, it looks like a reduction may be possible. Mayor Pro Tern Kelley supported the comments of Councilman Alongi; and noted that CR & R has been very generous with contributions to the FIT Committee. Mr. Fahrion noted that a reduced rate has been negotiated in some cases for mobile home parks; and would be happy to address those issues individually as they arise. Mayor Pape expressed appreciation for this consideration. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PAGE EIGHT - CITY COUNCIL MINUTES - MAY 269 1998 6. Award of Contract - 1997 -98 Slurry Seal Project - California Pavement Maintenance - $95,486.83. (F:156.1) City Manager Watenpaugh noted that the City has not done a lot of street repairs in the recent past, but is starting that process with this item. He noted that 17 contractors were contacted within the City and the surrounding area; 9 bid packages were purchased and three sealed bids were submitted. He detailed the bids submitted and the related inspection and contract costs. He noted that efforts are underway to reallocated funds from past years to get the annual street slurry seal program back on track. He further noted that staff is out to bid on the Mission Trail project. Councilman Alongi concurred with the intent of slurry seal, but indicated that there are streets which would not cause a problem, if they were not done. He specifically noted streets such as Gunnerson, Bromley and other dirt streets in that area. He stressed that there are a lot of streets which could wait until next year and shift the funds to other areas; and questioned whether the streets were chosen due to the income level of the people in those areas. MOVED BY ALONGI, SECONDED BY BRINLEY TO AWARD THE CONTRACT TO CALIFORNIA PAVEMENT MAINTENANCE IN THE AMOUNT OF $95,486.83. Mayor Pape reiterated that this was only for the slurry seal project, as part of the routine street maintenance program. He indicated that additional road repairs will be provided in the next year which could exceed $3 million of work. He further indicated that the areas chosen this year were felt to be very much in need of this maintenance, and noted that next year different streets and areas will be addressed. Councilman Metze suggested that staff explain how these areas were chosen. City Manager Watenpaugh indicated that it was part of the program initiated in 1988. He concurred that many streets are in need of substantial repairs and indicated that the balance of $30,000, will be rolled into additional projects. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 7. Resolution No. 98 -9 - Opposing Proposition 224 on the June 2 1998 State Ballot. (F:96.1)(X:60.1) City Manager Watenpaugh apologized for not bringing this item to a study session, but indicated that there has been a great deal of discussion of this PAGE NINE - CITY COUNCIL MINUTES - MAY 26, 1998 item. He explained the changes proposed by this Proposition, and noted that the area City Manager's are opposed to the State taking control of this area. Councilman Alongi indicated that he does not believe the Council should get involved in these propositions, although it is a good point, as he has heard the same discussion for six and a half years. He indicated that he is personally upset with the Proposition, but he is not sure what the real situation is. He noted that the last meeting was canceled and this would have been a good issue for discussion at that meeting. He stressed that this issue belongs to the people and suggested that it was out of place being on the agenda. HE indicated that he is opposed to the DMV tax issue under consideration and noted that if the tax is eliminated, it will hurt the City of Lake Elsinore. He suggested that sometimes we have to vote for things we don't believe in, and stressed that it is up to the public to decide what goes where. He indicated that he will not oppose this item, even if the rest of the Council opposes it, as there is not enough information to make that decision. Mayor Pro Tem Kelley indicated that this item is very pertinent for discussion by the City Council; as the slurry seal project was just approved by the Council. She stressed that under the Proposition it would have to go to the State for consideration and approval. She indicated that she was willing to support the recommendation. MOVED BY KELLEY, SECONDED BY BRINLEY TO ADOPT RESOLUTION NO. 98 -9: RESOLUTION NO. 98 -9 A RESOLUTION OF THE LAKE ELSINORE CITY COUNCIL OPPOSING PROPOSITION 224 ON THE JUNE 2, 1998 STATE BALLOT. Councilwoman Brinley noted that it would be time consuming it this approval process was the responsibility of the State. Mayor Pape indicated that this was an example of big government trying to grab a bigger portion of the pie, but he was uncertain what difference it would make, aside from harming local projects. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. Tuscany Hills Tract 17413 -7 - Landscaped Slope Easements on Lots 19, 22, 23 and 24. (F:160.2) PAGE TEN - CITY COUNCIL MINUTES - MAY 26, 1998 City Manager Watenpaugh explained this item and noted the impact of Proposition 218, which limited Lighting and Landscape Maintenance District funding possibilities. He further explained that an agreement has been worked out wherein several slopes will be dedicated back to the landscape maintenance corporation for maintenance. He detailed the location of the lots being considered for dedication; and stressed that this is a minimal way to have the slopes maintained. Councilman Alongi indicated that he pulled this item, because he doesn't see a reason to dedicate the property back to Tuscany Hills; as we have other properties which belong to the City and the property owners maintain the landscaping. He noted the potential that the City may want to do something with that property in the future; and suggested it was not necessary to turn the property over to someone else to allow them to maintain it. He indicated that he feels bad that they will have to accept that expense. Mayor Pape questioned who owns the property. City Manager Watenpaugh clarified that the City holds an easement for landscape maintenance, but the property is owned by the property owners. He noted past discussions regarding Summerhill Drive and Via Estrada with regard to not accepting any of those slopes, and stressed that it would not be in the City's ownership. Mayor Pape stressed that the property is owned by the home owners and the City cannot afford to fund maintenance. Mayor Pape indicated that the homeowners are doing a good job now. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO DEDICATE THE SLOPE EASEMENTS ON LOTS 199 22, 23, AND 24 OF TRACT 17413 -7 TO THE TUSCANY HILLS LANDSCAPE AND RECREATION CORPORATION; AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD THE DOCUMENTS. THE CITY COUNCIL MEETING WAS RECESSED AT 8:09 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:25 P.M. PUBLIC COMMENTS - NON- AGENDIZED ITEMS Frank Papasavas, 30381 Hill Avenue, commented on proposed House Bill 2439, which is a law to outlaw all two cycle engines on lakes. He recommended to Council that should this bill come to a vote, that they write a letter in strong opposition to this action. Mayor Pape asked that Mr. Papasavas give a copy of the Bill to the City Cleric to allow Council to consider the matter. Janet Williams, 15231 Washington Avenue, explained that they live in the PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 269 1998 Northlake Tract and Terra Cotta turns into Washington Ave. She noted the speeding problems that her area is experiencing, and noted the near death that occurred shortly after they moved into their home. She asked that the problem be 'addressed to make the area safer. Claude Williams, 15231 Washington Avenue, noted the danger on their street and asked that some type of method be used to slow traffic down to insure the safety of the children in the area. He stated that there are no speed signs in the area and the vehicles travel through the area at speeds reaching approximately 70 miles per hour. He noted the excuses that the police give, why they cannot address this issue. Mayor Pape asked that Mr. and Mrs. Williams talk with Chief Walsh regarding the problem. Harold Holland, 15610 Lake Terrace Drive, stated his concern regarding the conduct of Code Enforcement over banners for the First Baptist Church. He noted a sign that were left up after the last election and Code Enforcement's unwillingness to have that removed. He stated that Council needs to take a hard look at Code Enforcement and if Council wishes to enforce the codes, then do it. He noted the number of banners and illegal signs in the community that Code Enforcement has not addressed. He suggested that the City review the codes as they apply to non - profit organizations. He commended the different organizations in the community who help the poor. Leroy Tucker, 3532 Cherry Blossom Lane, addressed the proposed race track andquestioned if there would be work done on Lakeshore or Nichols Road. He questioned ingress and egress from the proposed race track. He noted the problem in the past with a proposed development and its failure because of the requirement for them to build a sewer facility to service their project. He asked if EVMWD will required the race track to provide a sewer facility. He noted the amount of people that could be attending events and asked what they will be done about waste. He asked that the developers have some of the race cars brought to the site and run their engines to allow the surrounding residents the opportunity to judge exactly how much noise they will generate. He addressed the problems that the residents will have with noise. Dick Knapp, City Treasurer, noted the condition of the State Park. He stated that there are squatters in the facility as well as weeds and trash. He questioned why Council and staff have allowed it to get in the condition that it is in. Donald Ketch, 505 N. Ellis St., questioned the lack of money in the City. He noted the amount of people using the Lake and the amount of businesses in the community. He asked that people stop arguing about money and get on with what should be done. Chris Hyland, 15191 Wavecrest Drive, read an article from the Perris Press PAGE TWELVE - CITY COUNCIL MINUTES - MAY 269 1998 regarding the expenditure of their City's funds and the amount that is being paid to Ron Molendyk the former City Manager. She stated she felt that Perris got off easy and noted the amount that was paid by this City to Ron Molendyk in the last year. She asked why his salary was not brought to open Council for vote and who authorized the checks to be paid. She further asked why a contract was not written stating the given amounts. She stated that it appears that Mr. Molendyk was kept on as a regular employee, even though he was suppose to be a contract employee for certain projects. She further stated that the tax payers of the City should ask for the resignation of Pape, Brinley and Metze. She stated that in her opinion this is fraud and someone should be held accountable. CITY MANAGER COMMENTS 1. Commented on the campground and stated that the City has not been doing a daily maintenance. He stated that it is going to be abated for weeds and the trees will be trimmed. He noted that in two weeks a proposal will be brought before Council to reopen the facility. He gave an overview of what was previously done to the facility. 2. Commented on the previous City Manager's retirement package that was agreed to and reaffirmed by Council and explained that it is not an unusual package that is given to someone who retires from top management. CITY ATTORNEY COMMENTS 1. Announced that there will be another Scoping Session under CEQA regarding the Lusk Proposal, Annexation, General Plan Amendment, Zone Change and Tentative Tract Map. She noted that the meeting will be held at 6:00 p.m., Monday, June 8, 1998, at the Cultural Center. She stated that the purpose of the Scoping Session is to help establish the parameters of the Environmental Impact Report in connection with Lusk Project. 2. Asked that an additional item be added to the Closed Session under Existing Litigation. She noted that the item is Elsinore versus Sportsman Lodge, Case Number 257164 and is currently in Trial. She stated that there is a need to up -date which occurred after the time of posting Agenda. She explained that with four- fifths approval the item can be added. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADD AN ITEM TO THE CLOSED SESSION AS FOLLOWS: EXISTING LITIGATION - CITY OF LAKE ELSINORE VERSUS SPORTSMAN LODGE - CASE NUMBER 257164. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 269 1998 1. Stated that he will not comment on Ron Molendyk, other than he paid for the investigation and it is up to the public to do as they see fit. He stated that he has too much respect for City Manager Watenpaugh and the City Attorney to get personally involved. He explained that he did not agree with the action and he feels that it is wrong, however it is up to the community to do something about it. 2. Hoped that Main Street has a good turn out on the first of the month at the Street Faire. 3. Thanked Public Works for the good job that they did on the alley's in the City. 4. Noted the calls he received from the people on and around Washington Street. He stated that Government moves pretty slow, however when the City makes a decision about that area, Council has to be sure it is the right one. He noted the Law Suit that the City was in where the lady was under the influence of PCP and the City was still held responsible for the damages, therefore we have to be very careful in regard to traffic control. He stated that he understands where the community is coming from, however the City still has to be very careful 5. Addressed the lack of money in the City and noted that this occurred because of some of the investments that Council made that were wrong. He stated that the City takes millions of their dollars and spends it on investors in the community that we are not suppose to be responsible for. He noted the cost of the Stadium and explained that the lake recreation does not produce the amount of income necessary to meet the debts that the City must take care of. 6. Commended staff for the job that they did with the meeting on the race track. He noted that the people that opposed the project were courteous to the people that were in favor of the project and vice versa. He criticized Mr. Foster's opinions and noted that the flier that was distributed was from one of the largest investors in the City. 7. Commented on an incident that occurred in his neighborhood where two ladies were taken from their home and shot to death. He stated that it is appalling. He noted that the reason he gets so angry is because the City takes it's dollars and spend it on the investors in this City as well as the Stadium. He further stated that the millions of dollars that the City has expended could have put a lot of police officers on the street, the police officers that we have are doing a good job, it could be made better with more. He noted that the incident could happen anywhere in the City because the bums know the type of coverage that this City has. He stated PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 269 1998 that this Council needs to recognize that Public Safety is it's number one duty to the community. 8. Noted that he visited a small town called McCloud in Northern California and went on a three hour dinner train ride and also went to a Fair in Chico. He stated that there was not one police officer at the Fair, but rather a bunch of Seniors who had Tee Shirts on that said "Authority ". He explained that they informed him that only called the police if there was a problem. He suggested that Main Street use a similar type of patrol because it would keep the sheriff's on the street instead of paying an armed officer when it is not necessary. 9. Announced that next month he will be going to another hearing at the Riverside Court and he and his attorney will be malting different motions. He stated that this Council does not control when he goes to court or when his case comes up. He stated that the Mayor will either be facing a felony charge or be sued for slander and then he can sit on the hot seat. Councilwoman Brinley commented on the following: 1. Addressed the crime that Councilman Alongi comment on. She stated that the case is still under investigation and it is suspected that one of the persons that was killed knew one of the perpetrators and there are still things pending that cannot be discussed at this time. She stated that it is a terrible thing to have happen in any City, however she felt that it is cause to consider and start treating each other with more respect. She stressed that it was not a random killing. 2. Addressed Mr. Ketch's comments and stated that the current Council inherited a lot of problems and as a consequence this Council has hired a financial team to address the issues and solve the financial problems of the City. She noted the steps taken by Council. 3. Noted that banners have always been an issue in the City and Planning Commission and Council have tried to address the issue fairly. She noted the problems that the City has experienced in the past and the efforts that Planning Commission and the Council have made to improve the appearance of the community and bring consistency to the issue, being fair to all. She noted that in the past there were banners put up in the City which hung for years which brought about the Code. 4. Commented on the City Campground and agreed that it needs to be addressed. She explained that we are now setting a new budget and she hopes that the City will be able to bring the Park back up to standard. 5. Noted the concerns regarding Washington Avenue and spoke in favor of PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 26, 1998 traffic control. 6. Invited the citizens to know their community better by visiting City Hall and researching their questions with information available and staff assistance. 7. Congratulated the people who participated in Community Pride and commended them for a job well done. Announced the Mini Grand Prix, sponsored by the Chamber of Commerce on June 6, 1998 at 7:00 a.m. She further announced that there will be a kick -off barbeque on June 3 at the Road Runner, and will cost $10.00 per person. Mayor Pro Tern Kelley commented on the following: Announced the mixer for the Chamber of Commerce, this Thursday at Inland Valley Hospital at 5:30 p.m. 2. Announced that the Library is still moving forward and the ribbon cutting will occur sometime in July, with the Grand Opening in September. Encouraged everyone to attend the Grand Prix. -.4. Announced the Temescal Canyon High School "Safe and Sober Grad Night". She stated that it will be inside the new main gym and the theme will be Grad Knight. The facility will be open to the public on June 12, 1998, 5:00 to 7:00 p.m. to see the sets that were used. Ask for a consensus from Council to pursue forming an Arts Council. City Attorney Leibold suggested that Mayor Pro Tern Kelley work with the staff to place an item on the next agenda for a formal action from Council. Mayor Pro Tem Kelley agreed. She stated that she is setting small goals for the beginning and it will start with a concert in the park. Councilman Metze commented on the following: 1. Assured Mr. Tucker that the race track is a long way from being done and approved. He noted that there are still many things that need to be addressed in the Environmental Impact Report. He encouraged the people to attend the meetings regarding the race track to state their concerns so that the City has the opportunity to see that they are mitigated. 2. Addressed Horsethief Canyon Homeowners Association and stated that he did receive their letter and made sure that it was forwarded on to the appropriate people. PAGE SIXTEEN - CITY COUNCILMINUTES - MAY 26, 1998 Noted that he is also tired of the people who want to stop economic growth in the City, however it seems to be the same three or four people who do the complaining. Mayor Pape commented on the following: Addressed the illegal signs and banners. He noted that Code Enforcement does try to contract the businesses and organizations to try and get them to comply, however after their efforts have been exhausted, they will issue a written warning and if the owner still hasn't complied, then they will cite them with a ticket. He further noted that the first fine is $100, then the second time it is $250 and goes up to $500. He stated that Code Enforcement does try to work with the owners first prior to taking stronger action. He explained that this situation does tend to get out of hand at this time of year due to the Weed Abatement program, however Code Enforcement does try to keep up with the program. He noted that at this time the City has one full time Code Enforcement Officer and one part time Code Enforcement. He stated that Council is trying to create two full time Code Enforcement Officers in the Budget so the City can have someone to cover on the weekends. 2. Noted that with the new budget, Council is going to attempt to do the clean - up work at the Campgrounds and partially open it up for camping and as that generates income we can open up more spaces. 3. Addressed the flier that put out on the race way and noted that the flier was not signed, so the resident cannot be blamed for not knowing who generated the flier. Noted an article in the Press Enterprise regarding the crime rate and further noted that it has gone down in the last three years by 56 %. He commended Chief Walsh and all the officers. He encouraged them to keep up the good work. 4. Commented on former City Manager Molendyk history with the City and noted that he stated with the City over 13 years ago and when he started with the City he did not have a contract. He explained that this was done to give the Council that was seated at that time the opportunity to see if he was going to work out. Mayor Pape noted that Mr. Molendyk's job was totally at the will of Council, therefore he made a choice to accrue his sick leave and vacation to secure his future should Council decide that they did not require his services. He explained that Mr. Molendyk took his action to be able to support his family until he could find another position. Mayor Pape noted that the Council was aware of this action and did not have. a problem with it. He noted that there was money allocated in the budget each year to cover the accrual which was approved by the Council's of that time. He PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 269 1998 cited the memo to the Finance Director from the Assistant City Manager which states that the City Manager is exempt from personnel policies and works at the will of the Council. Mayor Pape explained that under these conditions it is not appropriate to deny Mr. Molendyk his hours of vacation and sick leave. He stated that he is not sure what Councilman Alongi is hoping to accomplish with this issue, however he felt that perhaps Councilman Alongi is doing this to cover his own actions. He noted the FPPC findings on Councilman Alongi and explained that he was found guilty of four counts of Conflict of Interest which he is appealing. Mayor Pape noted that Councilman Alongi is now going to trial on 16 Counts called out by the Grand Jury. He explained that if Councilman Alongi is found guilty of only one of the charges he cannot serve on a jury and noted how odd it is that Councilman Alongi's followers do not bring that fact up. He noted that Councilman Alongi stated to the City Manager and his face that he did not care about the community, but was going to get what he wanted. Mayor Pape stated that if it seems that he is upset tonight, he is, because he is tired of certain people constantly twisting the truth and flat out lying. He further stated that he would like to think that people elected to public office are doing thing in the best interest of their community and when issues come to light that show that it is not true, it is hard to accept. He stated his opinion of Councilman Alongi's ethics. Mayor Pape commented that he hoped the issues would be taken care of soon and these experiences can be placed behind and the community can move on with more positive things. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision ( a) of Section 54956.9): Koliber vs. Elsinore Valley MWD, et al - Case #217976 Harvey & Page, et al. vs. Elsinore Valley Municipal Water District, et al. - Case #215768. Williams & Hasson vs. City of Lake Elsinore - Case #257165 /Williams vs. City of Lake Elsinore - Case #257162 Reichard vs. City of Lake Elsinore, et al. - Case #263258 City of Lake Elsinore vs. All Persons Interested (LAFCO) - Case #311942. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision ( b ) of Section 54956.9 (1 Case). PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY 269 1998 C. CONFERENCE WITH LABOR NEGOTIATOR - United Public Employees of California, LIUNA Local 777. City Attorney Leibold announced the above listed existing litigation and requested the addition of Lake Elsinore vs. Sportsman's Lodge; and noted the case of Anticipated Litigation and Conference with Labor Negotiator. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:31 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 11:05 P.M. WITH THE FOLLOWING REPORTED ACTIONS. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9): Koliber vs. Elsinore Valley MWD, et al - Case #217976 SPECIAL LEGAL COUNSEL PROVIDED A STATUS REPORT TO THE .CITY COUNCIL AND BY A 5 -0 UNANIMOUS VOTE THE CITY COUNCIL CONTINUED THIS ITEM TO A SPECIAL CLOSED SESSION ON JUNE 3,1998. Harvey & Page, et al. vs. Elsinore Valley Municipal Water District, et al. - Case #215768. SPECIAL LEGAL COUNSEL PROVIDED A STATUS REPORT TO THE CITY COUNCIL AND BY A 5 -0 UNANIMOUS VOTE THE CITY COUNCIL CONTINUED THIS ITEM TO A SPECIAL CLOSED SESSION ON JUNE 3,1998. Williams & Hasson vs. City of Lake Elsinore - Case #257165 /Williams vs. City of Lake Elsinore - Case #257162. SPECIAL LEGAL COUNSEL PROVIDED A STATUS REPORT Reichard vs. City of Lake Elsinore, et al. - Case #263258 City of Lake Elsinore vs. All Persons Interested (LAFCO) - Case #311942. SPECIAL LEGAL COUNSEL PROVIDED A STATUS REPORT TO THE CITY COUNCIL AND BY A 5 -0 UNANIMOUS VOTE SUPPORTED LEGAL COUNCIL TO RECOMMEND TO THE JOINT POWERS INSURANCE AUTHORITY TO FILE POST TRIAL MOTIONS AND APPEAL. City of Lake Elsinore vs. Sportsman's Lodge. SPECIAL LEGAL COUNSEL PROVIDED A STATUS REPORT. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 269 1998 LITIGATION (Initiation of litigation pursuant to subdivision ( b ) of Section 54956.9 (1 Case). DIRECTED LEGAL COUNSEL TO PURSUE SETTLEMENT NEGOTIATIONS BY A 5 -0 UNANIMOUS VOTE OF THE CITY COUNCIL. C. CONFERENCE WITH LABOR NEGOTIATOR - United Public Employees of California, LIUNA Local 777. THE CITY COUNCIL CONTINUED THIS ITEM TO A SPECIAL CLOSED SESSION MEETING ON JUNE 3,1998, BY A 5 -0 UNANIMOUS VOTE. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:08 P.M. EVIN W. PA E, MAYOR CITY OF LAKE ELSINORE ATTEST: r, L VICKI KASAI), CI Y CLERK CITY, OF LAKE ELSINORE