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HomeMy WebLinkAbout07-28-1998 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 289 1998 x kxxkkka 'exdex�'exd:x�'er.9:�'ex9: a4x9c dr �'e it x'aF 9c aF kaF it ki; *ic ki; : tick *i: kickkic kick katk ka6 is kaF at is katk 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 City Manager Watenpaugh. 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, Senior Planner Villa, Community Services Director Sapp, Assistant to the City Manager Best, Fire Chief Seabert, Police Lt. Horton, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS None. PUBLIC COMMENTS — AGENDIZED ITEMS Requests were 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: Item Nos. 4, 5, 6 and 8. PAGE TWO — CITY COUNCIL MINUTES — JULY 28, 1998 MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting — June 23, 1998 (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting — July 1, 1998. (F:60.3) C. Design Review Committee Meeting — July 1, 1998. (F:60.4) 2. Ratified Warrant List for July 15, 1998. (F:12.3) 3. Received and ordered filed the Investment Report for May, 1998. (F:12.5) 7. Adopted Resolution Nos. 98 -23 to 98 -27 Confirming Fiscal Year 1998 -99 Special Assessments in AD 87 -2,. AD 89 -1, AD 86 -1, AD 90 -1A and AD 93- 1.(F:22.3) RESOLUTION NO. 98 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 87 -2 — SHOPPERS SQUARE). RESOLUTION NO. 98-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 89- 1 - SUMMERHILL BRIDGE IMPROVEMENTS). RESOLUTION NO. 98 -25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 86 -1 — NORTHWEST SEWER DISTRICT). RESOLUTION NO. 98 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE PAGE THREE — CITY COUNCIL MINUTES - JULY 289 1998 COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 90 -1A — SUMMERHILL PUBLIC IMPROVEMENTS). RESOLUTION NO. 98-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 93 -1— COTTONWOOD HILLS PUBLIC IMPROVEMENTS). PUBLIC HEARING 21. CR & R, Inc. — Request to Put Refuse Billing on Fiscal Year 1998 -99 Tax Roll. — Resolution No. 98 -22. (F:163.1)(X:68.1) City Manager Watenpaugh highlighted this item and noted the original agreement in June of 1992 to provide waste management and trash collection in the City. He explained that due to collection problems the City Council approved putting delinquent bills on the tax rolls in July of 1998. Mayor Pape noted that for most residents this will have no impact. Mayor Pape opened the public hearing at 7:06 p.m., asking those persons interested in this item to speak. The following person spoke: Dick Knapp City Treasurer, indicated that he would like to establish a policy that would require only a telephone call to have bills removed from the tax rolls. He further indicated that he would like to prevent keeping a bill on the tax rolls indefinitely. He questioned the amount of fees and charges when bills are placed on the tax roll. Hearing no additional requests to speak, the public hearing was closed at 7:08 p.m. Councilman Metze questioned Mr. Fahrion with regard to putting people back on regular payment plans. Mr. Fahrion confirmed that could occur, but noted that the policy has been once an account is delinquent and on the tax roll, it would stay there for the next year. He clarified that there are no additional fees added when a bill is placed on the tax rolls. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY, UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 98 -22 TO PLACE ALL 120 DAYS DELINQUENT RESIDENTIAL ACCOUNTS AS OF JULY 19 1998 ON THE PROPERTY TAX ROLLS. BUSINESS ITEMS 31. Second Reading — Ordinance No. 1039 — Community Facilities District PAGE FOUR — CITY COUNCIL MINUTES — JULY 28, 1998 98 -1. (F:22.3) City Manager Watenpaugh explained the intent of this Ordinance. MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1039 UPON FIRST READING BY TITLE ONLY. ORDINANCE NO. 1039 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98 -1 AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. An Agreement to Develop and Operate an Automobile Dealership. (F:68.1) City Manager Watenpaugh explained that this is a consideration of an agreement to operate an automobile dealership. He noted that last year the City did secure an automobile dealership, Lake Chevrolet, which opened last February. He explained that the item before Council is a consideration of another automobile dealership by Jim Crowley of North County Ford. He further explained that the proposed agreement is similar to the agreement between the City and Lake Chevrolet and would provide reimbursements for public improvements and public benefits for a maximum of $300,000 which will come from revenues that the dealership generates based on a formula of sales -tax. City Manager Watenpaugh explained that the dealership would have to generate at least $50,000, the dealer would get the next $150,000 and then the City would split anything over that amount. He noted that the only other change was the fagade. City Attorney Leibold noted that the agreement requires that the automobile dealership comply with certain ongoing covenants that go with the land, which includes certain maintenance and operations, employment etc. She explained that in order for the City to have an enforceable mechanism by which to enforce and be the true beneficiary of these on -going covenants, the City has to retain some interest in the real property. She further explained that to facilitate that the City has required a fagade easement which is an interest in real property that would be owned and held by the PAGE FIVE — CITY COUNCIL MINUTES — JULY 28,1998 City in order to enforce these on -going covenants. She further noted that if there is a failure to comply with any of the covenants there is no payment by the City under the terms of the agreements. City Manager Watenpaugh stated that it is staff's recommendation to approve the Agreement to Development and Operate Auto Dealership and based on the City Attorney's approval, authorize the Mayor to sign the Agreement. Mayor Pape noted that there were two requests to speak and asked the first person to address the Council. Dale Hite, 115 N. Kellogg, stated that he heard that the apartment owner was suing the City for blight caused by the existing auto dealership. He stated that he is not against bringing auto dealerships into the City, however he is opposed to zoning changes that will set the City up for civil suits later on. He stressed that he is against paying them our tax dollars which could be used to repair our streets, keep our parks green or staff a new fire station. He noted the amount of civil suits that the City currently has and questioned the position this could create for the City. Dick Knapp, City Treasurer, stated that he didn't know that the City was involved in the landscaping business. He questioned why the City was getting involved. He further questioned why the City is giving $300,000 to this dealership, since.the City has already given $300,000 to the Chevrolet dealership. He questioned the amount of time to pay off the improvements. He stressed that the dealership should be paying the City. City Attorney Leibold clarified that part of the benefit to the City and community is the obligation of the dealer, not only to construct the dealership in accordance with all permitting requirements that the City provides and to operate and maintain the dealership in accordance with the good maintenance standards. She explained that this is for atheistic interest and in the event the dealer fails to maintain his operation, site, landscaping or fagade of the building in good condition, then the City has the right to enforce the obligation. She noted that the City is not undertaking an obligation, but rather malting requirements that are not in a standard development agreement. Councilwoman Brinley stated, that the key issue is what this is going to bring to our community. She noted that this will increase our tax base and noted that Lakeside Chevrolet has done better than they expected in the last two quarters. She noted that this will provide jobs locally and feels that this is a win/win situation. She stated that this auto dealership will be a real asset to the community and shows that we are growing. Councilman Alongi stressed that he was in favor of Lake Chevrolet, however he was opposed to the separation of the properties. He read an article he received at the League of California Cities regarding investments. PAGE SIX — CITY COUNCIL MINUTES — JULY 289 1998 He noted that Lake Chevrolet was a good investment and promoted improvements to the streets as well as providing sewer and water to the area. He stressed the fact that the City has already spent $300,000 on the area to make it a prime location and he felt that the City should not spend any more on improvements as an enticement. He further stressed that the City should study their values in regard to property and that there is no need to reinvest in prime locations. Councilman Alongi noted that he did not receive the Auto Dealership contract until today at 12:00 p.m. and he felt that the Council should put this item aside and hold a Study Session to allow opportunity to make proper consideration. He explained that he would like to see another dealership in the area, however if this one doesn't work out another one will be along. He commented that the City of Lake Elsinore has the Whisky Pete's of the I -15. He explained that no other city on the I -15 has that opportunity. Councilman Alongi noted that on Page 7, Section 4 does not refer to the $50,000 the City should receive and he does not see where that fact is mentioned. He stated that the City is entitled to all of the sales tax and the dealership must conform to all of the City, County, State and Federal codes in order to build. He noted that the City of Lake Elsinore has a graffiti program and he is sure that if the dealership moves in and spends $10,000,000 they will not have graffiti on their walls. He further noted that a successful dealership must maintain their landscaping to remain successful and the City does not need to be involved in this. He stressed that the City should attract the businesses, let them build and then we collect the money to provide services to the City residents. He further stressed that he feels that this Agreement is bribery and the City does not need to operate on that level. He stated that having the landscaping maintained is not done by putting it in writing, what does make it happen is the desire to have a successful business. Councilman Alongi stated that the reason that this is not. a Redevelopment Project is because it is against the law for the RDA to give away sales tax, therefore the City is stepping in because they can give away the sales tax. He further stated that the City does not need to give the Ford Dealership anything, since the City has already contributed to the area to establish it and the pad is already done, therefore there is no expense for them to have incentives. Mayor Pape clarified that the topic of discussion is a proposal for a Ford Dealership to be built next to the Chevrolet Dealership. He noted that one of the issues being discussed is in regard to the public improvements. He noted that if the City had the money we would have already done the improvements, however due to the City's current fiscal situation, we have asked that the developer pay for the improvement and the City will reimbursement them from the money that they generate. He noted that there is no commitment to give the developer any money from the City's reserve funds. He stated that if they don't generate the dollars, they don't get any money back He noted that if their project figures are correct, the City will be receiving 100% of the sales tax within approximately 2 1/2 years. Mayor Pape noted that the property tax is not the issue and will be paid in full. He further noted the increment of property tax, which will benefit the RDA as well as the jobs that will be generated from this business. PAGE SEVEN — CITY COUNCIL MINUTES — JULY 28,1998 City Attorney Leibold clarified the first $50,000 of the tax revenues that will come to the City is found in the Definition of Distributable Sales Tax Revenues and explained the meaning. She noted that part of the problems that the community has seen is the failure of the some of the past agreements to address ongoing maintenance and operation of landscaping. She noted that by including that item in the current agreement it gives the City the right to enforce performance. She explained that if the dealer fails to perform there is no financial assistance provided. Councilman Metze noted the maximum is five years and then the 100% of the sales tax will belong to the City. He further noted that it is not currently on the tax rolls and the property is not generating any money. He explained that if we want to have another fire station, then the City needs these businesses to generate the money for staffing. He noted that in the past no one came to complain about the zone change during the public hearing and there is not a legal leg to stand if someone decided to file a lawsuit, since no one protested at the public hearing. Councilman Metze addressed comments regarding the auto dealerships only generating "low income" jobs and stated that several of the people who work at auto dealerships make good money and not just minimum wage. He noted that other cities give tax incentives and it is not just our community. He stated that we need these type of businesses for our community. Mayor Pro Tem Kelley concurred with Councilman Alongi regarding the need to look at intelligent and prudent investments. She presented some figures of tax revenue generated by the Chevrolet dealership and explained that it is a prudent investment by the City. Councilwoman Brinley asked the City Attorney to clarify Camelot Properties problem with landscape enforcement and why it was so important to insure for enforcement in new contracts. City Attorney Leibold explained that part of the issue was caused by previous agreements the City entered into which made obligations to construct, however did not address on -going operations and maintenance of landscaping. She noted that the current contract before Council insures that the City has the right to require operations and maintenance of landscaping and the right to enforce those obligations. Councilwoman Brinley thanked the City Attorney for the clarification and stated that she felt that this was a necessary addition to the contracts. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE AGREEMENT TO DEVELOP AND OPERATE AUTO DEALERSHIP WITH JAMES CROWLEY IN SUBSTANTIALLY THE FORM PRESENTED TO THE CITY COUNCIL AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT UPON FINAL APPROVAL BY THE CITY ATTORNEY. PAGE EIGHT — CITY COUNCIL MINUTES -JULY 289 1998 Councilman Alongi stated that this issue is a general investment and not bonds. He does not question the amount of money that the dealership can generate, however he questions why the City is taking this action at all. He noted that it could amount to $300,000 that could be put into the parks in the City or other services. He noted that there are no public improvements that need to be placed in that area since the curb, gutters, sidewalks, water line and other utilities are already in place. He stated that the City has already paid for those things. He noted that there is no guarantee that the Ford Dealership will do the same volume of business that the Chevrolet Dealership does. He noted that the incentives have been done and the company that uses that site will not have to do the off -site improvements, deal with the Water District, or grade the pad for development since all of that has been done. Councilman Alongi stated that the City creates contracts that they do not have any way to enforce. He explained that it does not put any money in the City's pockets. He noted that the City does not need to give them $300,000, "since they are welcome to look elsewhere and he is sure there are other dealerships that would be interested if the Ford Dealership is not. Lake Chevrolet was a good investment since they were the first to come into the area and develop as well as the Outlet Center. He further noted that the City has done their job and created an area for development and now it is ready and the City should not invest more in the site since it is now Lip to the business community. Mayor Pape stated that the anyone who builds on that pad still needs to deal with EVMWD and meet their requirements. He further stated that the current situation before Council is a vacant lot that is sitting and pushing up weeds, or considering someone who is looking to come to this City and generate income and jobs for the City. He asked which one is going to put money in the City's coffers to provide services. THE FOREGOING MOTION WAS APPROVED BY A 4 TO 1 VOTE, WITH ALONGI CASTING THE DISSENTING VOTE. Councilman Alongi stated that he opposed the project due to the $300,000. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Agreement for Consulting Services for Engineering and Financial Services — Special Districts — Harris & Associates. (F:68.1) City Manager Watenpaugh explained this item, explaining that the reason for the request is that the lead individual has changed jobs and relocated; and staff feels that he has good familiarity with the existing Lighting and Landscape Maintenance District and the Community Facilities Districts. He further noted that the proposed contract is about a 10% reduction from the previous contract. Councilman Alongi noted that he pulled this item because we do business with companies before they are good companies with good employees. He PAGE NINE — CITY COUNCIL MINUTES — JULY 28, 1998 indicated that the records stay with the company; and he would not see changing companies. He noted the potential that the costs could be kicked - up next year. He suggested that this was not a good set of reasons for changing companies,-as the City has been with the company for quite some time. Mayor Pape noted that he had similar questions and discussed them with the City Manager; and explained that the current company was notified of this change, did not respond and seemingly had no interest in keeping the City's business. Councilwoman Brinley noted item 3.2 with regard to revised rate schedule and indicated that there was a need for clarification of the time and fashion for review. She indicated that such adjustment should be effective annually on the later of 30 days after January. She inquired if 30 days would be adequate or if 60 days would be better in the event a change is needed. City Attorney Leibold noted that either party can terminate without cause with 30 days notice. Councilwoman Brinley suggested modification of the 30 days to 60 days in Section 3.3. Mayor Pro Tern Kelley noted that the City has dealt with Mr. Cooper for the last 10 years and he has done all of the financial services for the CFD's.; and the City has been happy with the service. She stressed that this was a reduction and would maintain consistency. Councilwoman Brinley reiterated that Berryman & Heniger has made no proposal. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE THE AGREEMENT WITH MODIFICATIONS TO SECTIONS 3.2 AND 3.3. Councilman Alongi noted that the discussions with the former firm were not mentioned in the packet. He suggested if he had known this information there would have been no need for discussion tonight. He stressed the need to have all of the information before the City Council. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 5. Award of Contract - Dexter Avenue & State Route 74 (Central Avenue) — DBX Company- $112,586.00. (F:162.4) Mayor Pape noted that this item relates to the new traffic signal at Dexter /Hwy. 74 near Temescal Canyon High School. City Manager Watenpaugh noted that he received questions about the funding for this signal, and advised that it will be funded 50% by Caltrans, 1 /3`a by the City and 1 /6`x' by the County. He explained that in addition to this bid for installation, there would be about $3,500 for inspection of the site. Councilman Alongi indicated that he knows the signal is important, but questioned why the City was taking the lead on it instead of Caltrans. PAGE TEN — CITY COUNCIL MINUTES — JULY 28,1998 Mayor Pape indicated that it can be processed more quickly if the City leads the effort. City Manager Watenpaugh explained that 1 -1/2 years ago the City tools the position that since the Caltrans process was slow, staff was directed to take the lead in getting the project resolved and funded. He stressed that the City tools the lead based on complaints by residents and the School District or the project would have taken longer to get to this point. MOVED BY ALONGI, SECONDED BY METZE TO AWARD THE CONTRACT TO DBX COMPANY IN THE AMOUNT OF $112,586.00. Mayor Pro Tem Kelley inquired, upon approval, how long before the light would be functional and whether it would be in September. City Engineer O'Donnell indicated that it would probably be early November of this year. Councilman Alongi inquired if there was any way the City could expedite this project by contacting the Board of Supervisors. Mr. O'Donnell indicated the staff will try to fast track the project, but there are two outstanding issues to coordinate with Burger King. He noted that another issue is the ordering of the necessary poles. Councilman Alongi inquired if there is a program to allow for portable lights if the project doesn't move quickly enough. Mr. O'Donnell noted that there is a need to place a storm drain through there and they may have to move poles; and staff is trying to do the whole project in one shot without additional costs. He further noted that Burger King should be ready to move forward now and they will work on it as soon as possible. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 6. Contract for Water Engineering Services - Psomas & Associates. (F:68.1) City Manager Watenpaugh explained that this item was approved in the last closed session, to pursue research on water rights. Councilman Alongi indicated that there is no problem with the agreement, but the Water District has a different agenda for the area; and they don't care about our development, they only care about the ability to store water. He indicated that his concern is that life changes and people move on, so he doesn't feel comfortable putting the responsibility and authority on the City Manager. He suggested that there should be some form of a Council committee to oversee this work, and stressed that the Council will be held responsible if there is a problem. He further suggested that there should have been a study session on this agreement and noted a past City Manager quite a few years ago who got the Council into difficult situations. He requested that the Council add verbiage to have a Council committee with regard to this issue and change the "City Manager" approve to "Council Committee ". Mayor Pape noted that this is a short term contract for a review and recommendation and concurred that the Water District has a different PAGE ELEVEN — CITY COUNCIL MINUTES — JULY 28, 1998 agenda. City Attorney Leibold added that the City Manager, City Attorney, etc. would have to act at the behest of the majority of the Council anyway. She suggested that if the Council had an issue with the documentation, the staff would act appropriately. She noted the potential for problems with a City Council sub- committee. Councilman Metze concurred that this contract is only for 60 days. Councilman Alongi concurred that it was short term, but expressed concern that it could become long term. He stressed that the Council should make the decisions on City business and suggested that there would be no notification or approval by the Council for an extension. He indicated that he was trying not to disagree, but a member of the Council should be part of the deciding body before moving forward, and suggested that at least the Mayor should participate in the decisionmaking process. Mayor Pape suggested that this person would be working closely with our attorneys and they would return to Council if further action is necessary. Councilman Metze indicated that if this was to be a longer term arrangement, he would concur with Councilman Alongi and appoint a committee, but not under these circumstances. City Attorney Leibold clarified that if there was a need to extend the contract or the scope of services, it would require an amendment to the agreement with the approval by the consultant and the City Council, as that ability is not delegated to the City Manager. Mayor Pro Tern Kelley added that Mr. Thornton is very reputable in this field with over 28 years of experience, and noted that he has experience from reclaimed water to water supply, etc. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE THE AGREEMENT WITH PSOMAS AND ASSOCIATES TO PROVIDE SERVICES RELATED TO THE CITY OF LAKE ELSINORE WATER RIGHTS, IN AN AMOUNT NOT TO EXCEED $15,000. Councilman Alongi indicated that he was not questioning the man's competence, but stressed the importance of being cautious. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 8. Resolutions Confirming Fiscal Year 1998 -99 Special Taxes CFD 91 -2 (Summerhill Public Improvements) CFD 88 -3 (West Lake Elsinore Public Improvements), CFD 90 -3 (North Lake Elsinore Hills Public Improvements) — Resolution Nos. 98 -28 — 98 -31. (F:22.3) City Manager Watenpaugh highlighted this item, which is an annual action to confirm the annual levies of taxes. Councilman Alongi indicated that he will vote no on anything about CFD 88 -3 until the fire station is built. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 T I WITH ALONGI CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NOS. 98 -28 THRU 98 -31 CONFIRMING THE, ANNUAL ASSESSMENTS. PAGE TWELVE - CITY COUNCIL MINUTES — JULY 289 1998 RESOLUTION NO. 98 -28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT NO. 91 -2 — SUMMERHILL PUBLIC IMPROVEMENTS) RESOLUTION NO. 98 -29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT 88 -3 — WEST LAKE ELSINORE PUBLIC IMPROVEMENTS) RESOLUTION NO. 98 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT NO. 90 -3 — NORTH LAKE ELSINORE PUBLIC IMPROVEMENTS) RESOLUTION NO. 98 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT NO. 95 -1— LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS) THE CITY COUNCIL MEETING WAS RECESSED AT 8:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:14 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Rene Cabahug, 27 Corte Madera, addressed the potential of Solar Electric Power Plant in the City of Lake Elsinore and asked that the City issue a permit for him to build his Power Plant. Mike Bertetto, 1241 Parkway, stated that he felt that the Building Department used intimidation when he approached the City to make improvements on his property. He further stated that he purchased a HUD home and has been making repairs. He explained that he is an owner /builder and is in the process of PAGE THIRTEEN — CITY COUNCIL MINUTES — JULY 28, 1998 enclosing a patio and it tools approximately eight visits to the Building Department to gain his permit. He stated that he wrote Council a letter and asked that they look into the matter to prevent this type of incident from happening to other people. Roger Bloom, 32810 Keel Drive, questioned if there was going to be a fire station built on the West End of the City and asked that Council explain what the intent is. Leroy Tucker, 3532 Cherry Blossom Lane, asked if Council is considering a Skateboard Park for the youth. He stated that he approached Council last year regarding this issue and asked if any further thought had gone into this project. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: Addressed the Palm Trees and stressed that Council has adopted a policy regarding the trees and their preservation. He noted that the larger palm trees are causing a problem and if a palm tree is topped it dies and therefore it is necessary to remove them. He noted that as many trees as possible will be relocated to CFD landscape projects and will be kept in the City on City owned property. 2. Noted the improvements that are to be made on Mission Trail from Malaga to Corydon through funding allocations from CDBG funds. He explained that this project is being done in cooperation with the County. Commented on a meeting with the Interim General Manager Laughlin for EVMWD and explained that it was a very positive meeting and he hopes that the Water District and the City can resolve some of the issues that have affected the City. 4. Addressed the Skate Board Park and stated that there are no funds allocated to a Skate Park. He noted that due to the current fiscal situation in the City, it is hard for staff to justify a facility unless it can pay its own way. 5. Confirmed that the City is in the process of opening a portion of the City Campground by Labor Day. He noted that the City meets the State Requirements and that as the Campground generates income, further improvements can be made at Council's direction. 6. Invited Mr. Bloom to come in and discuss the Fire Station on the West End. He noted that the City does own the property and money to build the Fire Station, however the money cannot be used to staff the Fire Station and Council has asked staff to consider funding for staffing the Station. He explained that it will not be possible for at least a year, however staff is working on this issue. PAGE FOURTEEN — CITY COUNCIL MINUTES — JULY 289 1998 CITY ATTORNEY COMMENTS City Attorney Leibold advised that there were five Closed Session items listed, however there Js no need to meet on three of the items, therefore she announced only two items that Council would be considering as follows: A. City of Lake Elsinore vs. Lytle Creels Partners and Koliber vs. Elsinore Valley Municipal District. B. Conference with Legal Counsel — Anticipated Litigation - One case under Subdivision (b) of Section 54956.9. CITY COUNCIL COMMENTS Councilman Metze had no comments. Councilman Alongi commented on the following: Instructed Mr. Cabahug to contract the Water District to see what their plans are for the area he is proposing to place a solar electric generating power plant. 2. Commented that the Attorney General recognizes five minutes for public comments and not three minutes, therefore the Mayor can extend the floor if he so chooses or any Member of Council can yield the floor according to the Council Policy. 3. Noted that the City has not given a dime to any small business in our community and the only money that was given was to businesses on Main Street and those loans were paid back out of their pockets, not through sales tax. He stated that if the City is going to give money to the big businesses then the City needs to do the same for small businesses to keep them in the community. 4. Commented on the League of Cities Conference and how important it is to attend because it provides superior training for each of the Council Members. Commented on the structure of the San Mateo Redevelopment Agency and the fact that they invested $5,000,000 in housing and noted that if the City of Lake Elsinore did the same there would not be a slum anywhere in this town and the City would be well rid of Slumlords. 6. Stated that after making an observation of the left-turn lane into the 76 Station on Grape Street, he determined that must be closed. He stated that he wished to go on record that he has advised the City to close that left -turn lane to avoid being sued. PAGE FIFTEEN — CITY COUNCIL MINUTES — JULY 289 1998 7. Wished Kevin Jeffries good luck. He explained that he is running for the Metropolitan Water District. - -8. Commented that he had attended the Black Arts Festival last Saturday and stated that the Gospel Singing was wonderful and the barbecue was great and suggested that the City might want to get involved in this event next year. 9. Made a plea for flags and poles to replace the ones that have been stolen. He noted that the organization to contract is the VFW, Post 1508, (909) 674 -4735. 10. Congratulated LEAF on their annual report. He stated that due to the cooperation from the community by spaying and neutering their cats and dogs the euthanization number are way down. 11. Commented on a remark that the Mayor made regarding not being able to serve on the Grand Jury if he was convicted of a felony. He further commented that is correct, however what he is going through is a civil matter and is not a criminal matter. He noted that he was called for Jury Duty and he responded to the summons with a letter explaining that he is currently going through a court trial; the Clerk of the Court stated that it was a civil matter and that he had not been convicted of a crime and therefore he was ordered to appear August 3, to meet his Jury Duty obligation. 12. Stressed his understanding of Mr. Bertetto's feelings regarding the Building Department and stated that he will address this issue with the City Manager. Councilwoman Brinley commented on the following: 1. Concurred with Councilman Alongi regarding the Solar Electric Power Plant and agreed that EVMWD should be consulted and then the issue should be brought back to the City Manager and staff. 2. Stated that staff had informed her that the CAP Conference was very successful. She noted that the program with the youth and RTA is still moving forward. 3. Addressed the concerns regarding the Building Department and stated that she will follow up with this issue. 4. Addressed Mr. Bloom's concern regarding the Fire Station on the West End. She noted that the City is still looking for ways to generate money for the operation and maintenance of a Fire Station. She stressed that the money that has been set aside can only be used for Capital Improvements and not for operations and maintenance. She explained that his concerns do not go unheard and appreciates his interest. PAGE SIXTEEN — CITY COUNCIL MINUTES — JULY 28, 1998 5. Addressed the comment regarding USA Properties suing the City and stated that it is not true and that she recently met with the property manager an no mention was made of any legal issues. Mayor Pro Tem Kelley commented on the following: 1. Congratulated the Lake Elsinore School District for another successful CAP Conference. She apologized that the Council could not attend since there was a conflict with the League of California Cities Conference. She is looking forward to attending next year. 2. Announced that the Library is open at the Wells Fargo site and stated that the soft Grand Opening was a success and asked the public to watch the newspaper for the date and time of the official Grand Opening Celebration and asked that everyone plan to attend. 3. Stated that the City is looking at starting a Cultural Arts Commission and there will be a meeting on Tuesday, August 4, 3:00 p.m., at the Cultural Center. She stated that it is a scooping session to see if there is any interest in the community. Mayor Pape commented on the following: 1. Reminded the community that the paramedics are located at four corners and are very close to the West End. 2. Mayor Pape stated that in his last statement to Councilman Alongi he had said that a conviction of Malfeasance of Office precludes someone from serving on awry. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Lake Elsinore vs. Lytle Creels Partners — Case #213915 and Koliber vs. Elsinore Valley Municipal Water District, et al — Case #217976 & 217968. City of Lake Elsinore vs. All Persons Interested (LAFCO) — Case 4311942. B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9) — 1 Case. C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c ) of Section 54956.9) — 2 Cases. PAGE SEVENTEEN — CITY COUNCIL MINUTES — JULY 289 1998 City Attorney Leibold announced the above listed closed session items. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:45 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:08 P.M. WITH THE FOLLOWING ANNOUNCEMENTS: A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Lake Elsinore vs. Lytle Creek Partners — Case #213915 and Koliber vs. Elsinore Valley Municipal Water District, et al — Case #217976 & 217968. CITY ATTORNEY PROVIDED A STATUS REPORT AND RECEIVED SETTLEMENT AUTHORIZATION WITH RESPECT TO THE DAMAGES PORTION BY UNANIMOUS VOTE. B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9) — 1 Case. CITY COUNCIL UNANIMOUSLY APPROVED A SETTLEMENT OF PENDING LITIGATION WITH THOMAS BERG & ASSOCIATES IN CONNECITON WITH ENGINEERING SERVICES ON THE LAKESHORE DRIVE BRIDGE, SETTLEMENT AMOUNT $13,000. ADJOURNMENT MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:10 P.M. 6 EVIN W. PA E, MAYOR CITY OF LAKE ELSINORE ATTEST: CITY LERK CIT`r'. _OF LAKE ELSINORE