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HomeMy WebLinkAbout09-22-1998 City Council Minutes10110100 � REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 22, 1998 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. INVOCATION The Invocation was provided by Alfred Macias representing 1st Assembly of God Church. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, PAPE ABSENT: COUNCILMEMBERS: BRINLEY, METZE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, Assistant to the City Manager Best and City Clerk Kasad. PRESENTATIONS a. Presentation -Ricky Weston. (F:56.1) Mayor Pape expressed pride in his Ricky Weston's accomplishment of being appointed to the State School Board. He read and presented the Award of Merit and explained that Ricky is the only student in the State to serve on the School Board for this year. He read and presented the Proclamation to Ricky and inquired into the difficulty of the process to be appointed to this position. Ricky explained the year long process for selection and noted his disbelief at being chosen. Mayor Pape questioned Ricky's plans after graduation from Temescal Canyon. Ricky indicated that he is investigating college, but has not decided on one yet; however he will be majoring in chemical engineering. b. Presentation - Unity in Community Parade. (17:62.1) Jeannie Corral advised that the Unity in Community Parade is slated for November 14'i; noting that this is the second attempt at a parade incorporating all of the Schools. She noted that Ricky Weston will be honored in the parade, as well as Mr. Quimby of Withrow Elementary PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 School. She indicated that last year there were about 2,000 students participating in the parade, and indicated that there are many things to celebrate within the Community. She encouraged interested clubs, church organizations or other groups to contact either Kathy at 67 -8423 or herself at 674 -4228. She stressed the interest in making this a very nice parade and noted that last year there were 40 entries and there is already in excess of 2,000 young people interested in participating this year. She further stressed that this parade is intended as a celebration of achievements and accomplishments. She offered the City council the opportunity to participate by judging the parade. She advised that the parade will step off at 10:30 a.m. from the Community center and follow the traditional parade route through the downtown. She expressed hopes that the parade would exceed last year's 20 minute parade. She noted that both high school bands will be participating and noted the high quality performance of those bands. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - September 8, 1998. (17:44.) The following Minutes were received and filed: b. Planning Commission Meeting - September 2, 1998. (17:60.3) C. Design Review Committee Meeting - September 2, 1998. (F:60.4) 2. Ratified Warrant List for September 15, 1998. (F:12.3) 3. Received and ordered filed the Investment Report for July, 1998. (F:12.5) 4. Awarded Contract for 1998/99 Traffic Striping and Pavement Marking to PCI Paving Contractors in the amount of $64,983. (F:156.1) BUSINESS ITEMS 31. Industrial Project No. 98 -1 located at 571 Birch Street. (17:86.2) City Manager Watenpaugh highlighted this item and the proposed project. MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE INDUSTRIAL PROJECT 98 -1 AND APPROVE MITIGATED NEGATIVE DECLARATION NO. 98 -2, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS 'A' THROUGH 'D', AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 22,1998 FINDINGS 1. Subject to the attached Conditions of Approval the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project as proposed complies with the Goals, Objectives, and Policies of the General Plan, and the Zoning District in which it is located. 3. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82. PLANNING DIVISION CONDITIONS 1. Design Review approval for Industrial Project No. 98 -1 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 2. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 5. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 6e Applicant shall comply with all Mitigation Measures per Mitigated Negative Declaration 98 -2. PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 7. All exterior on -site lighting shall be shielded and directed on -site so as not create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. 8. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `B' loading zones. 9. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 10. Ne ^^ *a^^° storage ska4l wP Allowed. Outdoor storage areas shall be permitted only in conjunction with the onsite business use. All storage areas shall be enclosed on all sides with a screen a minimum of six feet (6 ) in height subject to the Community Development Director or Designees approval. 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 12. No exterior roof ladders shall be permitted. 13. Applicant shall use roofing materials with Class "A" fire rating. 14. All exterior downspouts shall be painted to match with building exterior color. 15. The Planning Division shall approve any construction trailers utilized during construction. 16. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 17. On -site surface drainage shall not cross sidewalks. 18. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 19. The Community Development Director or designee shall approve any signage. 20. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %). a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 b. All planting areas shall be separated from paved areas with a six -inch (6 ") high and six -inch (6 ") wide concrete curb. c. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. f. All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval /acceptance, and bond 100% for material and labor for one (1) year. g. Final landscape plan must be consistent with approved site plan. h. Final landscape plans to include planting and irrigation details. 21. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 22. A six -foot (6') decorative concrete block wall shall be constructed at the front forty -six feet (46') of the southerly boundary. A four foot, eight inch (4'8 ") retaining wall with a six -foot (6') wrought iron fence on top, will be constructed on the remainder of the southerly property line and the westerly boundary line. The total height of both walls will be ten feet two inches (10'2 "). 23. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 24. Prior to issuance of building permits, applicant shall provide assurance that all ,required fees to the Lake Elsinore Unified School District have been paid. 25. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 26. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 effect at time of building permit issuance. ENGINEERING DIVISION 27. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 28. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85 -26). 29. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 30. If the existing street improvements are to be modified the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 31. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 32. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer Registered in the State of California and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 33. On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. The entire site should be graded to drain to Birch Street. 34. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 35. Roof must drain to a landscaped area. 36. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 37. Meet all requirements of LEMC 15.68 regarding floodplain management. 38. The project site is in Flood Zone AO and the finished floor elevation of the building must be one (1) foot above the adjacent grade. 39. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 40. Developer shall contribute $1000 toward the design and construction of a traffic signal at Collier Ave. and Central Avenue. This development will increase traffic at the intersection at least 0.5 % and should contribute 0.5 % toward construction. 32. Map and Area Guide. (F:64.2) City Manager Watenpaugh gave an overview of a proposal for the Campgrounds from Southeast Publications. He noted that they are requesting a 3 -year contract and exclusive rights to sell the ads for publication of the Campground as well as a letter of introduction, from the City, to be used when soliciting ads. He stated that staff recommends approval of the contract between Southeast Publications and the City of Lake Elsinore to publish a site map and area guide for the Lake Elsinore Recreation Area. City Attorney Leibold noted that the agreement by Southeast Publications calls for an automatic renewal unless the City terminates 90 days prior to the renewal date. She stated that her preference would be that the term of the agreement be precise and could be renewed in writing by the City. She further noted that the staff report provides that the staff would have final approval over the ads and copy consistent with the standards established by the agreement and explained that she did not see that in the body of the agreement. She indicated that this should be clarified. City Attorney Leibold noted that there is a provision for attorney's fees however it is not mutual and typically if there are attorney's fees they are mutual. She stated that in the event that the City enters into some sort of concession agreement or contracts with another party to assist with the operation of the Campground, should the agreement have the option to be canceled by the City if the operator has independent authority to negotiate. Councilman Alongi asked the City Attorney what difference would it make in regard to cancellation of the contract if we subleased the Campground to an independent concessionaire since there is no fiscal impact. He stated that they could run their own ads and asked why we would want to interfere with additional advertisement. He noted that he does not know what the circulation of the magazine will be and he feels that the City would want as much advertisement as possible to attract people from out of the area and out of State to our area. He further questioned the letter of introduction, from the City, to be used when soliciting ads and asked what type of ads will they be soliciting and does the City of Lake Elsinore agree to use that letter to solicit ads. He stated that there might be some ads that the City does not want to be attached to. City Attorney Leibold stated that it would be a matter of negotiations with a potential concessionaire. She noted that the operators might want the freedom to develop their own map and advertising. She noted that if the City enters into this agreement with Southeast, it provides for an exclusive right to this type of mapping and advertisement. She indicated that the City PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 can enter into negotiations with the concessionaire which require that they take over the Campground subject to existing agreements, however she raised the issue in case Council wished to provide greater flexibility to a potential concessionaire. Councilman Alongi stated that even if the City enters into a contract with a concessionaire the City does not know what their performance and if they do a good job then at the end of three years they can cancel the contract with Southeast and go on from there, however if they do not do a good job, then the City would have lost a lot of good time and advertisement for our Campground. He stressed that the City intends to invest a lot of money into the park and he would like to protect the advertisement for the Campground since it has no fiscal impact on our budget and will aid in revenue for the City. City Attorney Leibold noted that Southeast has not had the opportunity to review her suggestions and they may not be willing to accept the cancellation clause, however she felt that this would give fairness to a potential concessionaire. She noted that the type of advertising that Southeast does is local advertising and would be soliciting to local businesses that wish to advertise for the people who use the campground. She stated that is why she wants the City to have final approval over the ads and the copy. She explained that in the opening statement of the contract it should be made clear that it is the intent that Southeast is going to solicit for advertisements within the community. Mayor Pape displayed the pamphlet to the audience and explained that it caters to the people who have Recreational Vehicles and has a map as well as the rules of the Campground. He explained that it is an informational pamphlet available to the campers to advise them of the Campground and the businesses available. He indicated that the City will receive 3,000 of the pamphlets to distribute as we choose and he feels that the comments by the City Attorney are appropriate and should be considered since it give the City options for the future to allow adjustments. Mayor Pro Tem Kelley noted that she was recently in the Campground filming a segment for Vision and Views and commented that the pamphlet will provide valuable information. She noted that the contract does provide for 3,000 pamphlets every 12 months and stated her appreciation of the City Attorney's comments. Mayor Pro Tem Kelley agreed with the termination of the contract every 36 months and noted that in the body of the contract they receive a complimentary site. She stated that as a footnote to her comments that last weekend the Campground generated revenue of $7,444. She noted that 250 campsites were occupied. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONTRACT BETWEEN SOUTHEAST PUBLICATIONS AND THE CITY TO PUBLISH A SITE MAP AND AREA GUIDE FOR THE LAKE ELSINORE RECREATION AREA WITH AMENDMENTS TO THE CONTRACT TO ADDRESS NON - AUTOMATIC RENEWAL, THE RIGHT TO REVIEW ADS AND MAP COLORS, MUTUAL ATTORNEY FEES AND THE RIGHT TO CANCEL THE CONTRACT IF THE PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 CAMPGROUNDS IS CONTRACTED TO A CONCESSIONAIRE. 33. Riverside County Transportation Commission's Request for Funding Support of Major Railroad Improvements — Resolution 98 -34. (F:140.19) City Manager Watenpaugh explained that RCTC is requesting support to allow the RCTC to secure State and Federal funds to improve the main railroad corridors of the Burlington Northern Santa Fe and Union Pacific where they cross at the Colton junction. Susan Cornelison, Rail Program Manager, gave a background of the rail system and the problems that are faced between rail freight and passenger trains. She noted that Colton Junction has been identified as a major choke point and RCTC is working to streamline the junction along with the railway companies. She explained that the State has directed Caltrans to begin a Project Study Report, which will further define the project and assist preliminary design work.. She gave an overview of the Rail Bond Funding and how it is being spent. Mayor Pape clarified that RCTC is looking for the City's support in obtaining funding from the State. Ms. Cornelison concurred. Councilman Alongi asked if this action that RCTC is taking would ease the problem of freight trains taking priority over passenger trains. He commented that his daughter had taken the train and was hours late due to a freight train having first right -of -way. Ms. Cornelison explained that Councilman Alongi's daughter was on a different rail system. Councilman Alongi asked if this junction would change the Santa Ana to Monterey ride. Ms. Cornelison stated that it would not since it was the coastal route. Linda Nanetti, questioned why Council would even consider this action since there is no rail system through Lake Elsinore. She noted that if more money is needed it should be put the voters to decide what should be done. She stated that she could understand this action if this was Colton or San Bernardino where the problem exists, however she felt that this is the railway's problem and not the City's problem. Susan Cornelison stated that is why they are not asking the local cities to contribute, however they are asking for support to seek Federal and State funds to support their efforts. She noted that the City of Lake Elsinore through a resolution helped the RCTC and San Bernardino Associated Governments form a task force that was successful in getting the California High Speed Rail Commission to realign the high speed rail line that is proposed to run along the I -15 and I -215 north. She noted that this would allow access to Lake Elsinore and Temecula as well as the City of Perris. She noted that there must be an adequate feeder system of other rail systems of transit services to be able to make a case for high -speed rail in California. She noted that if mass rapid transit is to work then they must show that they have connectivity. Ms. Cornelison explained that although the rail does not PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 come directly through Lake Elsinore a large number of its citizens use the passenger rail system out of the West Corona Station. Mayor Pape noted that this action will not involve any dollars from the City and he could not see the down side of government agencies working together for the betterment of the region. MOVED BY PAPE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE REQUEST FOR SUPPORT BY RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR MAJOR RAILROAD IMPROVEMENT BY RESOLUTION NO. 98-34 AS FOLLOWS: RESOLUTION NO. 98-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IN SUPPORT OF RAILROAD TO RAILROAD GRADE SEPARATION PROJECT AT COLTON, CALIFORNIA. City Manager Watenpaugh noted for the general information of the Council and audience that the impact of the crossings has an impact on our air quality in Lake Elsinore due to traffic congestion caused by trains being backed up. He noted that this action would have a positive impact directly on the City. 34. Request for Support of Proposition 9 - Resolution No 98 -35. (F:96.1) City Manager Watenpaugh explained that this is a request for the City's support in opposition to Proposition 9. Mr. Fred Francia, Regional Manager of Southern California Edison, explained that Southern California Edison and the Southern California Gas Company are members of a statewide coalition in opposition to Proposition 9, which will be on the ballot in November. He noted the agencies and organizations that are opposed to the proposition, He further explained that Proposition 9 would nullify the progress made to date; nullify the rate reduction bonds; make the taxpayer accountable for a $6 billion dollar deficit; and nullify the 10% rate reduction. Mr. Francia noted the City activity in economic development and the impact that Proposition 9 would have on growth. He asked that the City of Lake Elsinore support opposition to Proposition 9 through a resolution. Jim King, Regional Manager of Southern California Gas Company, noted the cost to the citizens of State of California and explained that it will impact businesses as well. He asked that the Council vote in favor of the resolution to oppose Proposition 9. Mayor Pape then called upon Council for comment. PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 Mayor Pro Tem Kelley stressed that VWRCOG did pass a resolution to oppose Proposition 9. Mayor Pape noted the amount of organization in opposition to Proposition 9. MOVED BY KELLEY, SECONDED BY PAPE TO APPROVE ADOPTION OF RESOLUTION NO. 98 -35 IN OPPOSITION TO THE 1998 ELECTRIC UTILITY PROPOSITION. Councilman Alongi stated that he feels that the voters should decide this issue in November. He explained that each person should weigh both sides of an issue before it is decided and this should be done on an individual basis. He stated that he would not approve or disapprove this issue as a Councilmember because he feels that it send a wrong message to people. He stressed that people should study the facts before they vote on something and decide for themselves. He noted that some of the organizations listed in opposition he does not approve of and feels that they have a special agenda. He noted that if the Mayor wished to write a letter in opposition to Proposition 9 he felt that would be appropriate as well as the other Councilmembers writing letters, however he does not feel that it is appropriate for elected officials to take a position on propositions. He noted that he does not want his name to appear on any item and does not want a letter sent on behalf of the City indicating that Councilman Alongi voted on the issue one way or the other. THE FOREGOING MOTION WAS APPROVED BY A 2 -1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE, AND BRINLEY AND METZE ABSENT. RESOLUTION NO. 98 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IN OPPOSITION TO THE 1998 ELECTRIC UTILITY PROPOSITION (LOCAL GOVERNMENT). THE CITY COUNCIL MEETING WAS RECESSED AT 7:58 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:20 P.M. PUBLIC COMMENTS Linda Nanetti, 16293 Cimarron, suggested that it was convenient that the State Auditor's Report came out the day after the last Council Meeting. She questioned why the Council would jeopardize the property owners through their property taxes. She suggested that this would take money from west end fire station, community center, and youth activities; and indicated the City can't afford to double up on things. She expressed concern that the resident are being cut short and stressed the importance of maintaining financial accountability. She inquired if it would be possible to establish an independent citizen's committee to review and question proposed annual funding. She suggested that the committee could support or PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 oppose funding as needed. She indicated that it was only fair to have some community input on the spending, instead of closed session business deals. Mayor Pape clarified that the bond financing addressed in the Auditor's report has nothing to do with the General Fund. James Gray, 15159 Mimosa, noted that he lives in CFD 88 -3 and thanked everyone for the positive responses he has received. He indicated that there are currently 150 neighbors known as United Neighbors of the West End District. He issued a warning that there is not adequate fire protection for the area, and stressed that seconds do matter in response times. He indicated that response times could be cut in half with the new station, and commented that the Mayor has promised to push for the station for the last four years. He further indicated that only $250,000 is needed for operations in the year 2000. He noted that the funding is already on deposit. He commented that the President should resign and questioned if the Mayor recognizes when he isn't telling the truth. He suggested that this matter be placed on the next agenda so the Council will do the right thing. Chris Hyland, 15191 Wavecrest, indicated she was present to make a big complaint, and noted that she tried to get a particular office at City Hall and could not get through or get voice mail. She noted that the City Clerk has multiple jobs and questioned why there was not a staff member to do menial tasks in the City Clerk's office. She suggested downsizing of the Community Services office because the City doesn't have community service. She indicated that she was appalled by recent raises in salary and questioned the job of the Community Services Manager. She suggested shifting staff from Community Services to the City Clerk's office. CITY MANAGER COMMENTS City Manager Watenpaugh indicated that he would not address what Community Services does, but stressed that the parks are open and operating. He clarified that the State Audit stated that the City did nothing illegal, but they did use the word "questionable ". He noted that the bond process was reviewed within a vacuum and they did not seek clarification. He stressed that the community needs to understand the financial program changed two years ago, and the Council has stuck with the program and resolved several major issues. He further stressed that the audit did not take into account that it was a work -out program. He indicated that he is proud of the finance team and the bonds are now selling above par. He stressed that the audit found no criminal actions. He noted his frustration with the audience and indicated that it was difficult to remain professional. He indicated that Mr. Gray was correct that the funds are available for the fire station and it will happen. He complimented City staff and the City Council on the tough times the City has come through. CITY ATTORNEY COMMENTS City Attorney Leibold announced the two listed Closed Session items and noted that there was another item which needed to be added after posting of the Agenda under Government Code Section 54956.9 ( c ) and noted that it would require concurrence PAGE THIRTEEN CITY COUNCIL MINUTES - SEPTEMBER 22,1998 of the three members present to add it to the agenda. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADD THE THIRD CLOSED SESSION ITEM TO THE AGENDA. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1. Announced that there will be a program at the Elsinore High School for Carley Black. He noted that former Councilman Fred Dominguez was her Grandfather. The program will be on Friday, September 25, 1998, at 7:30 a.m. and will be a tree dedication ceremony in her honor. He noted that the Children of the City of Lake Elsinore are our future and when the City looses someone like Carley, then it is not only a tragedy for the family, but also for the community. He expressed his sympathies to the family. 2. He commented that the bonds are very complicated and stated that if there was going to be a Public Financing Authority, then Council should make appointments to that Authority of people that are in the area of finance. He stated that Council is not qualified to make Authority decisions. He noted Council's lack of qualifications and explained that Council must follow direction on blind faith. He stated that if Mr. Gunn had been with the City six and one -half years ago, this City would not be in the predicament that it finds it self in today. He stated that there might not be a ball field, however the money would still be in the City. He noted that he still has his reservations about the bonds, however he does not have enough knowledge to understand them and explained that the people who are really responsible for the bonds are the people that buy the homes. He stressed that however, this is not the case in the City and we took $500,000 from the RDA to bail out a bond and $50,000 to back the payment of the bond as well as $1,000,000 for additional fees. He noted that it was not Mr. Gunn's fault, however it was the fault of the previous Council. Councilman Alongi noted that the City is in a very precarious position and something has to be done. He further noted that he does not agree with refinancing, but it was necessary in this instance. He stated that although he may disagree with Council, he does support their efforts to try and address the financial issues of the City. 3. Commented on a report about the Historic Downtown and the statement that the Downtown Business Association failed with the Street Faire and now it is a success. He noted that when the Downtown Business Association had the Faire, they sold out and could not take anymore vendors but the Council seated at that time interfered and it failed. He stressed that this Council has stepped out of the picture and the Faire is a success. 4. Noted the activities that occur in Red Bluff, California and the success they experience. He noted that they have activities almost every weekend and PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 this City should be doing the same thing for our Downtown to show the people that we are proud of our community. 5. Commented again on the bonds and stated that refinancing the bonds over and over again is not proper and is not illegal, however it is foolish. 6. Responded to the Newspaper and stated that the purpose of the postponements in his trial are caused by the District Attorney. He noted that the District Attorney failed to provide a list of witnesses for the first postponement and the second was also caused by the District Attorney because he accepted additional evidence after he had submitted from the Grand Jury and a disclosure was not provided to him or his attorney. He stated that justice is for the winner and there is no justice for the looser and there is no truth in the system. He noted that in the system it is reasonable doubt. He stated that the Californian is the only paper that printed the continuances and whey he was going to court. He read an article from the Sun Tribune that noted that he had asked for a retraction of the statement that it was criminal actions and stressed that it is not a criminal case, but rather a civil case. He stated that this is a matter him making decisions that he felt were right and is a matter of Mr. Alongi versus the system. He stated that it does not have anything to do with another member of the Council just himself and he is being challenged. He challenged Councilman Metze to go to the courts to understand the right of postponement. He stated that it is his right to be sure that he and his attorney have all the available information prior to going to trial and the jury will make the decision. He stated that the Mayor does not understand that he controls the situation, not the District Attorney, the trial nor the judge. He noted that the jury makes the decision and quoted a song by Dolly Patron "You can take this job and shove it ", and the minute he does the whole thing goes away. He stressed that it is a moot point and carries no probation, no fine, and no jail sentence. He further stressed that it carries nothing except his Council seat. Councilman Alongi stated that he is willing to spend the $30,000 or $40,000 to protect his seat of $300. He stated that he is sick and tired of hearing the Mayor and Councilman Metze with their comments in the newspapers because they are stupid. He stated that they have no idea what the system is all about; they have no idea that we have rights as citizens of the United States of America; we have a right to a fair trial; and know what is against us. He stated that the Mayor shows his ignorance when he makes comments that he knows absolutely nothing about and could cause a mistrial through their comments. He stated that he refused to change venue because he felt that the people in this community and Riverside County should have the right to know what is going on in the City of Lake Elsinore and what the previous Council has done with our RDA money and the rest of it, however if the Mayor and Councilman Metze keep shooting their mouth off in the newspaper, they will find that they have made a big mistake. He read an article in a paper from San Bernardino regarding their RDA and noted that is why he is taking this legal action. Councilman Alongi explained that RDA is the most important entity that any City has and this Council and previous Councils have broke the RDA, it removed any opportunity that the City had to raise PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 additional revenues. He presented a list of houses that the City is going to tear down and noted that all of the houses mentioned are in an RDA and if the funds were available, the City could have demolished the old houses and built new ones to take their place. This action would take these areas and remove slums and turn the area into good low and moderate income housing for low- income families. He noted that in RDA law it says if RDA funds are used to take a house down, then it must be replaced. He stated that is why he is willing to pay the price and go through what he is going through because he feels that this seat is that important. He stated that there is no case law for what he is going through. He stated that he did not take anything from this community nor did he steal anything from this community. He noted that a former Mayor took a $100,000 loan for his building and then voted to give that person a $4,500 loan and does not have to pay it back and then took a $21,000+ loan on a building that he was part owner in and then did not pay the City back. He stressed that is a criminal act and all that he received is a small fine from the FPPC. He stated that if the Mayor and Councilman Metze do not shut their mouths, then they are going to hear from his every Council Meeting because he is sick of it. Mayor Pro Tern Kelley commented on the following: 1) Reminded the public about the library re- opening on October 17'x', and noted that the Council approved a street closure for the event. She noted that the patio is now enclosed, and cemented with tables and umbrellas. 2) Noted that there were two accidents at the intersection of Dexter /74 and she has received several questions about the status of the stop light there. Staff advised that the signal poles are due by mid - November, the controller is due in November and it should be in operation in December. It was noted that there are some delays with the Burger King, but staff is doing everything possible to expedite the installation. 3) Reminded everyone of the National Skydiving Competition, October 15 - 18 and encouraged everyone to attend. 4) Congratulated Ricky Weston on his appointment to the State Board of Education, and noted that the only other person appointed from this area was Ricky's brother. 5) Congratulated Bruce Quimby on his recognition as Co- administrator of the year for the State. 6) Expressed condolences to Carley Black's family, and noted that she would keep them in her prayers. 7) Advised that she spoke with Councilwoman Brinley and agr&zd to let everyone know that she is feeling much better. She also noted that Nlrs. Brinley sent thanks for the cards, notes, flowers and the outpouring of PAGE SIXTEEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 generosity. Mayor Pape commented on the following: 1) Noted that Lake use is up and detailed the activity from April 1 to September 19 of this year. He noted that the income has increased 21% over that of 1997. He stressed the number of events occurring on the Lake and advised that every dollar generated goes back into the Lake. 2) Advised that the Campground had been open from September 4 thru 18 with total revenue over $7,400, which will go back into its maintenance. 3) Noted the tragic loss of Carley Black on the Ortega Highway and commented that the funeral was well attended, but difficult for everyone. He offered thoughts and prayers to the family. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision ( c ) of Section 54956.9) - 1 Case. B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - City of Lake Elsinore vs. Ranel Development Company - Case 4213915. City Attorney Leibold announced the above listed items and noted the inclusion of an additional case under Item A. THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 8:56 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEMS. THE CITY COUNCIL MEETING RECONVENED AT 9:58 P.M. NO ACTION TAKEN. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING P.M. V W. PAW, MAYOR OF LAKE ELSINORE ATTEST: VICKI KASAI2,, CITY CLERK CITY 07 LAIa ELSINORE ADJOURNED AT 10:00 MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 6, 1998 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Pape at 4:01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, PAPE ABSENT: COUNCILMEMBERS: BRINLEY, METZE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone and Financial Advisor Gunn. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Pursuant to subdivision (a) of Government Code Section 54956.9) - City of Lake Elsinore vs. Mago Construction, Inc. & Bee Chu Lee - Case #293828. (F:52.1) THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION FOR THE ABOVE LISTED DISCUSSION AT 4:02 P.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 4:44 P.M. WITH THE FOLLOWING ACTION REPORTED: CITY COUNCIL DISCUSSED TERMS AND CONDITIONS OF PROPOSED SETTLEMENT AND DIRECTED THE CITY ATTORNEY TO PREPARE THE SETTLEMENT AGREEMENT. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING W 01%4 / 0146) v W. PAP , MAYO R OF LAKE ELSINORE ATTEST: VICKISAD, CYTY CLERK CITY OF LAKE ELSINORE ADJOURNED AT 4:45