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HomeMy WebLinkAbout10-13-1998 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 13, 1998 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, City Engineer O'Donnell and City Clerk Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. INVOCATION None. PRESENTATIONS a. Presentation — Business of the Quarte r. (F:56.1) Mayor Pape announced that this Quarter's winner was Ron Satter, of Four Corners ARCO. He noted that Four Corners has been a landmark for many years and indicated that Mr. Satter had owned the old Four Corner Liquor Store for many years and he has now built the new ARCO station. Mayor Pape presented Mr. Satter with a plaque to be hung at the station denoting them as outstanding business of the quarter for Summer, 1998. He also noted that Four Corner ARCO would be included on the perpetual plaque on display in City Hall. Mr. Satter thanked the City and the Council for allowing them to put this project together, and noted the approval nearly two years ago. He expressed hopes that they could encourage further enhancement for the area. Mayor Pape noted that they are now open 24 hours a day and employ fifteen people. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 13, 1998 b. Presentation - Surface Mining & Reclamation Award. (17:56.1) Continued to October 27, 1998, as representative of State Board could not be present. C. Presentation - Capital Projects Update. (17:30.3) City Manager Watenpaugh noted that staff would provide an overview of the project statuses. Community Development Director Brady provided the project update, and noted that the projects were approved as part of the budget process. He detailed the projects including sixteen specific projects and three miscellaneous projects, representing $2.5 million in improvements. He advised that the Strickland Avenue Guardrail, Repaving of Mission Trail and Kellogg Street Sidewalk and Access Ramp Improvements had been completed. He further advised that the Dexter/Highway 74 Traffic Signal project is underway and the equipment has been ordered. He noted that the Casino Drive Bridge, Spring Street Pavement Project, Main Street Paving Rehabilitation and the Highway 74/Lincoln Traffic Signal, Railroad Canyon Median Landscaping and Pedestrian Crossing at the Outlet Channel are all under design at this time. . Mayor Pape inquired about the Dexter/Highway 74 Traffic Signal and noted the level of interest in the Community. He asked if it would be safe to say that it would be in by the time students are back from Christmas break. Staff confirmed. He also questioned the timing for work to begin on Main Street. City Engineer O'Donnell indicated that construction should start on Main Street in the early summer. Mayor Pro Tem Kelley inquired about the Railroad Canyon Median Landscaping and what would be included. City Manager Watenpaugh indicated that a summary of the design was underway. Community Services Director Sapp indicated that staff is working on a design for Railroad Canyon Road from Grape Street to the entry to Canyon Lake, which will utilize a number of palm trees which are in jeopardy of being destroyed. He further indicated that the project could use as many as 100 of the palm trees with hardscape and reclaimed water irrigation lines. He noted that staff is working with Pardee Development, who previously set money aside for landscaping. Mayor Pape suggested this could be done by February or March of next year. Mr. Sapp concurred. Mayor Pro Tem Kelley reiterated that the trees would be relocated only if they were in jeopardy. She further reiterated the importance of the Dexter/Highway 74 Traffic Signal. Mayor Pape questioned the Grand Avenue/Lakeshore Drive Project. Mr. Sapp clarified the location and indicated that the project is scheduled for February, 1999. PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 13, 1998 Councilman Alongi inquired how much these projects would cost. Mr. O'Donnell indicated that all of the projects. total about $2.5 million. Councilman Alongi questioned projects for Bromley, Shrier and other streets in that area. He expressed concern that other areas get new street, noting that Mission Trail has been done three times since he has been on the Council. He stressed the amount of money spent in some areas, while nothing is spent in other areas. Mr. O'Donnell clarified that the City has not paved any local streets in several years, as most of the money has been spent on arterial streets. Mr. O'Donnell noted the recent project on Gunnerson street to raise it. He noted the number of dirt streets and stressed the limitations on funding for street improvements. Councilman Alongi noted his understanding of the Gunnerson project, but stressed he would like to know when the other streets will be included. City Manager Watenpaugh suggested that with the next Slurry Seal project the Council will have an opportunity to prioritize the projects. PUBLIC COMMENTS — AGENDIZED ITEMS None Requested. Mayor Pape requested that the Council move to Item #22 and explained the volume of documents received today. He suggested that with insufficient time to review the documents, the issue should be continued to October 27� . BUSINESS ITEMS 22. La Laguna Estates Specific Plan No. 92 -4 and Environmental Impact Report No. 92 -2. Ordinance No. 1041 and Resolution No. 98 -37. (F:150.2) MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO OCTOBER 27, 1998. CONSENT CALENDAR ITEMS Councilman Metze indicated that he would be abstaining on item no. La. The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5 and 7. MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved by a vote of 3 to 0 with Brinley absent and Metze abstaining: PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 13,1998 a. Special City Council Meeting — October 6, 1998 (17:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - September 16, 1998. (17:60.3) C. Design Review Committee Meeting - September 16, 1998. (F:60.4) 2. Received and ordered filed the Investment Report for August, 1998. (F:12.5) 3. Ratified Warrant List for September 30, 1998. (F:12.3) 6. Approved Renewal of Contract with Berryman & Henigar, Inc. for Engineering/Plan Checking Services. (17:68.1) 8. Accepted Notice of Completion for the 'Strickland Avenue Guardrail Improvements and authorized recordation, (F :156.2) 9. Accepted the dedication of the easement for Lennar Homes and approved Quitclaim of portions of the easement no longer needed in Tuscany Hills Tract 17413 -6, and authorized recordation. (F:160.2) 10. Approved Proclamation for Colonial Heritage Week and directed staff to forward to the requestor. (F:122.1) PUBLIC HEARINGS 31. General Plan Amendment No. 98 -5 and Zone Change 98 -4 - Assessor's Parcel Numbers 363 -100 -016 and 022.. Resolution No. 98 -36 and Ordinance No. 1040. (F:83.2) Community Development Director Brady highlighted this request and its location, noting the recommendations of the Planning Commission. He advised that the proposal is consistent with the goals and objectives of the General Plan. Mayor Pape opened the public hearing at 7:21 p.m., asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:21 p.m: Councilman Alongi indicated that he had a problem with the zone change as it is in the middle of residential properties. He suggested that this would be an ideal spot for multi - family to be developed because of the freeway access, its proximity to the last such project built and the new traffic signal in place to control traffic. He indicated that the community only has 8- 1/2% of its total development as multi - family, and only about 2% of the area has enough ground for 12 units to the acre. He suggested that the more this zoning is decreased, the more it pushes the minimum wage workers out of the community. He addressed housing in San Jose, noting that they have no housing for low income people; and are now starting to develop PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 139 1998 properties for minimum wage residents; He stressed the importance of keeping young people in the community to spend money, grow and advance. He indicated that the Mayor has a definite plan to put those people out of the community and has already gotten sued and lot. He expressed concern that the City is tearing down buildings, but not replacing them and stressed that all residents are entitled to safe, quality housing. He commented that the existing zoning allows for affordable housing and reiterated that he is opposed to this type of zone change for the same reason the Council did not want to put multi - family on Casino Drive; as this is putting a commercial development in a residential area. He questioned how trucks would access this location and reiterated that this would not be a proper place to put it. Councilman Metze indicated that he thinks this is the right thing to do, the right use and exactly what the Council has been doing. He further indicated that Railroad Canyon is being used for deliveries now and would continue to be used. He also noted that there was no one present to speak for or against the request. Mayor Pro Tern Kelley noted that the location is surrounded by a mixture of housing, vacant land and one multi - family development. She indicated that it would make sense to have commercial development near the freeway. She indicated that people would use Casino Drive. Mayor Pape concurred that the proposed change would allow for the highest and best use of the property. He also noted that if a car dealership was the ultimate use, it would blend nicely with the existing development. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND BRINLEY ABSENT TO ADOPT MITIGATED NEGATIVE DECLARATION NO. 98-6, APPROVE GENERAL PLAN AMENDMENT NO. 98-5, ADOPT RESOLUTION 98 -36, APPROVE ZONE CHANGE NO. 98 -4 AND ADOPTED ORDINANCE NO. 1040 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findings - General Plan Amendment No. 98 -5 The proposed General Plan Amendment will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 13, 1998 The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access and constraints. 4. The proposed General Plan Amendment will not have a significant effect on the environment. Findings - Zone Change No. 98 -4 The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to property or improvements in the neighborhood or within the City. 2. The proposed action will be consistent with the Goals, Objectives and Policies of the General Plan and the standards established in the Municipal Code. 3. This project will not have a significant impact on the environment. CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. (GPA) 98 -5 AND ZONE CHANGE NO. (ZQ 98 -4 (APN (S) 363 - 100 -016 AND 022). The applicant shall enter into an acceptable impact mitigation agreement with the Lake Elsinore School District prior to issuance of building permits for the project 2. The applicant shall agree to join an Assessment District or contribute a fair share for the cost of the realignment and improvements of Casino Drive and Pottery Street extension, subject to the approval of the equitable spread of the improvement costs. ORDINANCE NO. 1040 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE ZONING OF 6.26 GROSS ACRES ALONG FRANKLIN STREET (BANKROFT) AND CASINO DRIVE FROM R -1 (SINGLE - FAMILY) RESIDIENTIAL ZONING) TO C -2 (GENERAL COMMERICLA) - ZONE CHANGE 98 -4. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: BRINLEY PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Multi- Family Housing Development Moratorium Study. (F:87.1) City Manager Watenpaugh stated that Community Development Director Brady would be presenting the report, however he noted that during the summer the City employed a interne that gathered the data to assist in formulating this report. Community Development Director Brady noted that several persons in the Community Development Department formed the report and Senior Planner Villa did all of the coordination of the project. He noted that the Moratorium for Multi- Family Housing Development is set to expire on October 21, 1998. He further noted that the purpose of the Moratorium was to provide the City with the opportunity to address three issues that were identified by the City Council in relationship to Multi- Family Housing within the City. He explained that the first question was how much Multi - Family land use areas existed within the City and do we have enough or too much; the second is the locations of the existing land use designations within the City and the appropriateness of these locations; and the third question is if the existing development standards and regulations for Multi - Family zones are adequate to deal with the common problems that are associated with Multi- Family development. Community Development Director Brady stated staff surveyed other cities similar to Lake Elsinore to find mixed Multi - Family Residential that they had addressed. He noted that it was found that Lake Elsinore compared to some of the other cities had proportionately more Multi- Family land use area that the average of the eight other cities combined. He explained that the average percentage for Multi - Family for the eight cities was 6.22% and the amount for Lake Elsinore was over 8% or in the top three of the eight cities surveyed. He noted that the total taken of residential /Multi - Family land use in the eight cities surveyed showed Lake Elsinore as the 2" highest of the cities with the City of Perris being the highest. Community Development Director Brady stated that since the amount of Multi- Family was above the average, certain areas of the City needed to be looked at to determine if the Multi- Family designations were appropriate in those areas. He indicated that staff determined that Multi - Family land use designations along the I -15 corridor could be considered an area to be changed to Commercial land use designation. He noted that such uses as auto dealerships could be considered. He further indicated that staff reviewed the Multi- Family development standards and concluded that the regulations should be reviewed and possibly revised, particularly in areas of parking, lighting and storage requirement as well as the aesthetics and design review for those projects. Community Development Director Brady indicated that it is recommended that City Council direct staff to review the General Plan Multi- Family land use designations and adjust the amount and locations of the areas designated with the Multi- Family designation; review the PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 13, 1998 feasibility of developing the Commercial Corridor Specific Plan area; and up date the Multi - Family development regulations that are contained in Chapter 17.14 of the Lake Elsinore Municipal Code. He stressed that the report presented was a summary of the study and staff feels that a comprehensive review was conducted. Councilman Alongi asked if it is fair to compare Norco with the City of Lake Elsinore concerning Multi- Family zoning. Community Development Director Brady stated that it was. Councilman Alongi questioned staff regarding the amount of horse property in Norco. He objected to the use of Ontario to compare to Lake Elsinore since the majority of land in that community is farm property. He indicated that a study can be made to reflect any attitude that the person conducting the survey wishes to convey. He asked if there was a breakdown of R -2, R -3 and R -4 in the survey or if it was a combination. Community Development Director Brady stated that the study was done from General Plan Land Use designations and not zoning designation. He noted that the Land Use designations were what were used to do the survey. Councilman Alongi asked that out of the 8 -'h % that is Multi- Family, 3 % is R -2 and .5 % is R -3 etc. Community Development Director Brady stated that he would have no way of knowing exact percentages. Councilman Alongi stated that then the report does not really signify what kind of Multi- Family that is being address, except that properties that have a greater value than R -1, therefore the figures that are in the book are not compatible to what is going to be discussed. He indicated that Council really doesn't know if the 8 V2% is a true figure on property that have greater value than 24 units to the acre and asked if there were that many parcels in the City that Council needs to be concerned with. He questioned the use of the City of Riverside versus the City of Lake Elsinore. He noted the percentage of the Cities of Temecula, Murrieta and Corona. He addressed Table 4 in the report and stated that it does not give a break down of R -2, R -3 and R -4 and does not address how many parcels are designated for more than 12 units. He stated his appreciation for staff's time and efforts, however he supports low and moderate - income housing and he feels that this is just another systematic approach to kick those people out of this community. Councilman Metze stated that a percentage is a percentage no matter what the population is. He noted that staff looked at eight cities that are in the general area and asked where it is written that Lake Elsinore has to be the Multi- Family capitol of this area. He noted that table four compares Single - Family homes verses Multi- Family Residential homes and noted the difference between the different cities and Lake Elsinore. He stated that when the table is examined it shows that the City has done an outstanding job in providing Multi- Family Residential. He confirmed that this study is everything above R -1. He stated that he agrees with staff's recommendations, however he would like to see a map of the actual areas in a Study Session to determine the exact locations. Mayor Pape asked if it was Senior Planner Armando Villa that did the PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 13, 1998 study. Community Development Director Brady stated that it was. Stated that he concurred with Councilman Metze. He stated that the location is more important than the quantity and he would also like to see a map that would show exactly where the zones are to make sure that it is compatible with the surrounding areas. He noted that there are numbers that the general public might be interested in. He indicated that the total General Plan acreage is just less than 34,000 acres and the City of Murrieta have half of that amount. He stated that Ontario has less than 20,000 acres; Temecula has 16,000 acres; Corona has 18,000. He stressed that the City of Lake Elsinore covers a very large geographic area and the purpose of this action is to make sure that future development is compatible, not only with the entire community, but also specifically with the surrounding area on any future Multi- Family developments. He noted that the City of Lake Elsinore has set -aside far more area for Multi - Family housing than what is necessary. Mayor Pape indicated that Council needs to make sure that any development is compatible with the surrounding area and it might be necessary to change the land use to address the needs of the community. He noted that no changes would be make without the concurrence of the surrounding property owners to best address the concerns and needs of the residents. Mayor Pro Tem Kelley stated that Council would be making an error in assuming that Multi - Family housing is low to moderate income and that is not always the case. She noted the large amount of acres that the City of Lake Elsinore has set -aside for Multi- Family housing. She addressed the finding for the I -15 Corridor and stated that she agreed that it is not suitable for Multi- Family dwellings and concurred with Councilman Alongi's previous comments regarding the fact that the City is sitting on a gold -mine for commercial on the I -15 Corridor. She stated that she would like to see the Residential Standards tightened up and feel that it is very important to keep on top of the parking, lighting and storage issues. She concurred with Mayor Pape and Councilman Metze regarding a map. She stressed that she would like to see exactly where all the Multi- Family land use areas are located to best judge what is surrounding that area to make the best logical decision possible. She indicated that she would like to see a map as soon as possible. MOVED BY PAPE AND SECONDED BY METZE TO DIRECT STAFF TO COME BACK AS SOON AS POSSIBLE WITH A MAP OF THE LOCATIONS OF ALL THE MULTI - FAMILY LAND USE AREAS IN THE CITY AND MAKE RECOMMENDATIONS FOR CHANGES; WORK WITH THE PLANNING COMMISSION TO UP -DATE AND STRENGTHEN AND OUR CURRENT MULTI - FAMILY DEVELOPMENT STANDARDS; AND PRESENT A SPECIFIC PLAN FOR THE I -15 CORRIDOR AS SOON AS POSSIBLE. Councilman Alongi stated that again the Council is at the point of a "true statement" or a "statement of truth ". He noted that when he made the comment about the I -15 Corridor it was when the City was giving the Ford PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 Dealership $300,000 more and not to change any Multi - Family zoning along the I -15 Corridor. He stressed that it is a known fact that a city place Multi- Family along side a corridor where they have quick access to a freeway, rather than bring the residents through the community. He stated that is proper development. He indicated that this Council has no experience with development, whereas he has been involved in development for the last 40 years and does have the knowledge necessary to make decisions. He noted that the Mayor was quoting acreage and did not compare population to acreage, which would drive their percentages down as it does with other cities. He indicated that most low to moderate - income families live in apartments. Councilman Alongi addressed Mayor Pro Tem Kelley's comment regarding apartments and stated that the people that make $60 to $70 thousand dollars a year live in Temecula or in Tuscany Hills and because she is a teacher she should know better than anyone that low to moderate income quality housing is needed in this area. He stated that the low to moderate - income family is forced to live in slums and noted the structure being torn down at Main and Sumner. He further noted that if this action were done with RDA funds, then it could be rebuilt and the displaced families could be placed back in the quality Multi - Family housing. He stressed that he sees this as a systematic way of reducing the Multi- Family zoning in the City of Lake Elsinore because the Council feels that they are better than others. He invited that public to really look at the report and then make their own judgment. THE FOREGOING MOTION WAS APPROVED WITH A VOTE OF 3 -1 WITH ALONGI CASTING THE DISSENTING VOTE AND COUNCILWOMAN BRINLEY ABSENT. ITEMS PULLED FROM CONSENT CALENDAR 4. Lake Elsinore Historical Society Restoration of Antique Fire Engine. (F:45.1) Councilman Metze indicated that he just had a couple of questions and comments on this time. He stressed the importance of assuring that qualified people are doing the restoration. He questioned the potential cost to restore it. He indicated that he feels this is a great idea, but he just wanted to be sure of the required qualifications and insurance. He also expressed concern that an unqualified person might leave the truck in parts, as previously occurred when someone worked on the motor. Councilman Alongi noted that this truck is unique as there are very few in the United States. He indicated that he would like to see the $20,000 for street tree lights used for this restoration. He suggested that there was a great demand for such a truck and saw this as an opportunity to make money. He noted that there are people who know where the parts are to put the truck back together. He commented that he would like to see the City do a joint venture to provide insurance coverage and have a staff member oversee the work, rather than putting lights in the trees. PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 Councilman Metze suggested if the money for the lights were used on the fire engine, the Council could go to jail, as those are special funds. City Manager Watenpaugh confirmed that the lighting is being funded by the park fund. Councilman Metze stressed that it would be a misuse to use those funds for the fire truck, noting that certain funds are designated. He indicated that he would support funds from somewhere else for this purpose. MOVED BY METZE, SECONDED BY KELLEY TO AUTHORIZE THE LAKE ELSINORE HISTORICAL SOCIETY TO RESTORE THE ANTIQUE FIRE ENGINE AT HTEIR COST AT THE ENGINE'S PRESENT LOCATION; WITH THE VEHICLE REMAINING IN THE POSSESSION OF THE CITY OF LAKE ELSINORE AND STAFF WORKING WITH THE CHAMBER FOR THE REMOVAL OF ALL STORED MATERIALS. Councilman Alongi noted that $200,000 from the Library Fund was borrowed and questioned why it was not possible to borrow $20,000 for the fire truck. He stressed that there are ways to do things. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 5. Contract with Norris- Repke, Inc. - Engineering Services for Main Street Pavement Rehabilitation Project and Graham Street Pavement Rehabilitation Project. (F:68.1) Councilman Alongi expressed concern that this item contemplated approving a contract, but the contract was not included in the packet. City Attorney Leibold indicated that she had the contract for review and signature. Councilman Alongi suggested setting this item aside until the Council can read the agreement. Mayor Pape questioned the City Attorney's comfort level with the agreement. City Attorney Leibold indicated that she needs to complete the review but it does include the key items proposed by her office. She indicated that she would be happy to provide the Council with copies of the agreement. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND BRINLEY ABSENT TO APPROVE THE CONTRACT WITH NORRIS -REPKE FOR THE MAIN STREET AND GRAHAM STREET PROJECT, IN THE AMOUNT OF $49,141 AND AUTHORIZED THE CITY MANAGER TO SIGN THE CONTRACT. 7. Notice of Completion - Fiscal Year 1997 -98 SB821 Sidewalk and Pedestrian Ramp Improvements. (F:146.1) Councilman Alongi noted that the budget for this project was $55,000 and the final cost was $8,600 short due to a misunderstanding with the County. PAGE TWELVE CITY COUNCIL MINUTES - OCTOBER 13, 1998 budget of 55,000 for design and construction. Community Development Director Brady indicated that staff was made aware of this after entering into the agreement; but it was something overlooked by staff. Mayor Pape indicated that the bottom line has not changed. City Engineer O'Donnell clarified that the County asked for money after the contract was awarded, but the amount of matching funds would have been the same. Mayor Pape questioned whether it actually cost more money. City Manager Watenpaugh confirmed and noted that there would be a transfer of funds from another account. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE TRANSFER OF $8,600 FROM THE GAS TAX ACCOUNT TO THE 1997 -98 SB821 PROJECT ACCOUNT, ACCEPT THE NOTICE OF COMPLETION AND AUTHORIZE SIGNATURE AND RECORDATION OF THE NOTICE. THE CITY COUNCIL MEETING WAS RECESSED AT 8:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:10 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, complained that the landscaping in her area is not being taken care of, noting that the maintenance was "crappy ". She noted that this caused her to start looking into a lot of other things and she discovered that the City gave certain positions big salary increases. She detailed the current salaries and raises of the management staff members and reminded the community of the vehicle and benefit costs. She commented that there is no money for anything, but salary increases. She suggested that City Hall should go back to five days a week, and reiterated the need to do something about the landscaping. CITY MANAGER COMMENTS City Manager Watenpaugh advised that he gave the raises; noting that the City has downsized and saved a lot of money, and the staff works hard and deserves what they get. He indicated that with regard to landscaping it has been mentioned before and took responsibility for insuring that there would be a change. CITY ATTORNEY COMMENTS No Comments. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: Stated that he goes back to court on the 19'h and they are back to square one again. He explained that he would have to be appointed a judge and that PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 judge has to see what is on his calendar. He doesn't know if he will get to go on vacation or not. He noted that it was the fault of the District Attorney. 2. He noted that at the last meeting the Council voted to support Proposition 9. He stated that whether he supported Proposition 9 or not is immaterial since he feels that this should be an individual matter. He noted the endorsement of Proposition 5, which was done on an individual basis and stated that is how it should be done. He that if the Mayor or anyone else on Council wishes to support an issue then they should write a letter or sign a petition, however he does feel that it should be done on an individual basis. He stated that there are people in the City who would vote in favor or in opposition to and issue simply because Council votes that way and he feels that is wrong, therefore he will keep his opinions on how he will vote to himself. He stated that the people should at least read what they are voting on and make their own decisions. Noted that La Laguna Estates was continued because of the amount of reading that Council must do to be educated about the project. He stated that City Attorneys make mistakes and that is why it is important for Council to read all information regarding a subject. He stated that he would not give his vote unless he has something in front of him and that he has read. He stated that if there was something that he did not understand, then he could question it. He stressed that the Council did not have the opportunity to read the contract this evening because it was not in front of them. He cited a bond issue that Council did not read and it was wrong and the City got in trouble because of it. 4. Noted that a few months ago a manager of Media One threatened City Council about profanity and the fact that if there was anymore profanity they would shut the cable down. He stated that profanity is fine when the bottom line is profit. He further noted that on Cable 3, our local cable channel they were showing "R" rated movies with profanity that only drunken sailors use on their leave. He commented that when it comes to profit, its o.k. to put that smut on the television on a local channel. He stated that people do not buy those stations because they don't want to see those type of movies, yet Media One will televise them on a local channel to advertise the service, where a small child can turn the channel and listen to inappropriate language. He stated that in the future, he hopes that Media One will not raise their head to be self - righteous. 5. He noted the RDA in San Mateo and the program they use for removing blight in their community. 5. Stated that he has been informed over and over again that the City is not responsible for the bonds, however in a Close Session he was informed that if certain decisions were not made that the City could be sued. He asked how the City could be sued if it is not responsible for the bonds. He noted that it's the Public Financing Authority that underwrites the bonds that are PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 discussed all the time and it the City of Lake Elsinore Public Financing Authority that must perform and if it does not perform properly and the bonds go into default the City ends up in trouble. He explained that the City is indirectly responsible for the bonds. He stressed the need to be careful with the bonds because they are so complex. Councilman Alongi stated that the City should not be assisting the developers in any way and if they perform properly, then the City can come behind them and possibly reward them. He noted the amount of developers that have gone bankrupt and the Council has to bail them out and it this action should not happen. He noted that the City cannot support the services needed and yet, they are allowing more home to go in. He further noted that the people that move to these homes do not work here and explained that those people do not necessarily spend their money here. He stated that Council is more interested in building car dealerships rather than homes for people who are financially disadvantaged. He noted the units that were just torn down and the City has no program to place these people when they are moved out of their homes. 7. Stated that he will keep the public informed and explained that he will be sitting in his seat for a long time since there is no advantage to this case. He questioned why they have not talked to him about a settlement, yet they will plea- bargain with murders to obtain a conviction without going to court. He noted that the maximum penalty is to take his seat and it will take 12 people to take that action. He stated that they are wasting the tax - payers dollars. Councilman Metze had no comments. Mayor Pro Tem Kelley commented on the following: 1) Announced on behalf of Volunteer Fire Company #10 that Fire Safety Awareness Day would be this Saturday at Walmart beginning at 10 a.m. She encouraged community support of this event. 2) Announced the Library Grand Opening on Saturday from 10 a.m. to 3:30 p.m. She noted that local talent would be performing and all would find the event interesting. 3) Conveyed continuing Get Well wishes for Councilwoman Brinley Mayor Pape commented on the following: 1) Noted the monthly meeting of the Republican Assembly on Thursday Night at Tuscany Hills. He advised that they would be sponsoring a debate on Proposition 5 regarding Indian Gaming. 2) Advised that Dan Lungren would be in Lake Elsinore on Saturday at about 12:30 p.m., at the Republican headquarters on Riverside Drive. 3) Indicated that he was glad the District Attorney was not willing to bargain with corrupt politicians. PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Lake Elsinore vs. Lytle Creek Partners, et al. - Case No. 213915. B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c ) of Section 54956.9) — 2 Cases. City Attorney Leibold announced the above listed Closed Session items. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION FOR DISCUSSION OF THE ABOVE LISTED ITEMS AT 8:26 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:05 P.M. WITH THE FOLLOWING ANNOUNCEMENTS. WITH REGARD TO ITEM A - LYTLE CREEK PARTNERS, THE CITY COUNCIL DIRECTED THE CITY ATTORNEY TO RESEARCH THE STATUS OF CONDEMNATION ACTIONS. WITH REGARD TO ANTICIPATED LITIGATION ITEMS: CASE ONE, THE CITY COUNCIL AUTHORIZED LEGAL COUNSEL TO FILE PROTEST TO EVMWD WATER RIGHTS APPLICATION. CASE TWO, NO ACTION TAKEN. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 10:10 P.M. EVIN W. PAPE, MAYOR CITY OF LAKE ELSINORE ATTEST: 21;&- VICKI _-:ASAD CITY CLERK CITY OF LAKE ELSINORE