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HomeMy WebLinkAbout01-28-1997 City Council MinutesMINUTE5 REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 28, 1997 ~*~*~*~***~*~*~*******~*~**~*~~*~**~*****~***~**~~~*~~~*~~**~***,~*~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Brinley. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City ManagerMolendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Assistant to the Ciry Manager Best, Police Chief Walsh, Fue Cluef Seabert, City Engineer ODonnell, Public Works Manager Payne and City Clerk Kasad. PRESENTATIONS a. Presentation - Report bv Chamber of Commerce. (F:108.4) Mayor Pape noted that this is the first of a monthly update report to be provided by the Chamber of Commerce. Tom Thomas, Newly-Elected President, Chamber of Commerce, commented on the Chamber realization that there is a need to work on communication with the Council and the public at large. He noted that the Chamber works for the entire community and not just the business committee. He noted upcoming events, ongoing activities and projects. He detailed the Student of the Month Luncheon Program wluch was held this date. He e~lained that it is intended to recognize the outstanding students from Elsinore High School, Temescal Canyon High School and Ortega High School, and lughlight their talents. He detailed the sponsorship of tUis program and noted City Council participation in the monthly. event. He indicated that the Chamber is implementing a logging system to determine who ca11s the Chamber and why; with classifications such as tourism, business, school information, local PAGE TWO - CITY COUNCIL MINUTE5 - JANUARY 28, 1997 government information, etc. He advised that they will also be letting each Chamber member know on a monthly basis who the Chamber referred to their business. He announced upcoming events as follow: February 13, 1997 - Noon - Monthly EDC Lunch at Guadalajara Restaurant ; February 15 - March 31 - extensive Membership Drive; February 21 and 22 - Golf Tournament in Laughlin; April 1- Annual Chamber Meeting to discuss Goals and obtain input; April S- Casino Night at the Military Academy; and May 24 - Mini Crrand Prix - Downtown with a carnival. He stressed the Chamber's interest in improving communications with the City. He also announced that the next Chamber Mixer will be the third Thursday`in February at 6 p.m. at the Diamond Sports Bar on Mission Trail. b. Presentation - Report by Eastern Municipal Water District onoReach IV Reclaimed Water Line.(F:164.1) Larry Lobue, representing Eastern Municipal Water District, noted that he came to Council in Summer of 1995 to discuss tlus project; and they would now like to provide an update on the project. He advised that they:have just let the contract for the next Phase of the project, starting at Railroad Ganyon and running to Collier Avenue. He fucther advised that the contract price is $5.8 million and pipe should be delivered in Mid February. I=Ie defailed the proposed progression of work on the project and offered to answer que§tions from Council. City Manager Molendyk noted that it is a reclaimed.water line and questioned the size and purpose of the lines. Mr. Lobue ~xplained that the project consists of a reclaimed water.line and a non-reclaimable:.water line. He fiuther explained that the reclaimable line is 54" in diameter and will discharge in the creek and ultixnately further on. Mayor Pape questioned if this would cause flooding in the Gunnerson area. Mr. Lobue indicated that the ultimate discharge location has not been determined. City Mariager Molendyk noted that a draft agreement is being negotiated between Eastern Municipal Water District/Elsinore Valley Municipal Water District and the City which will ultimately come to the Council for approval. PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5, 6, 7, 8, 9, 10 and 11. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO AFPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE THItEE - CIT'Y COUNCIL MINUTES - JANUARY 28, 1997 1. The following Minutes were approved: a. City Council Study Session - January 7, 1997. (F:44.4) The following Minutes were received and ordered filed: b. Plauning Commission Meeting - December 4, 1996. (F:60.3) c. Planning Commission Meeting - December 18, 1996. d. Planning Commission Meeting - 7anuary 1, 1997. e. Design Review Committee Meeting - December 4, 1997. (F:60.4) f. Special Design Review Committee Meeting - December 18, 1996. g. Design Review Committee Meeting - December 18, 1996. h. Design Review Committee Meeting - January 1, 1997. 2. Ratified Warrant List of January 15, 1997. (F:12.3) 3. Rejected and referred to Claims Administrator the Claim Against the City submitted on behalf of Frank C. Tecca (CL #97-1) (F:52.2) BUSINESS ITEMS 31. MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1024 UPON SECOND READING BY TITLE ONLY. Councilman Alongi noted a letter from TMC and quesrioned whether they would be selling the properly to ECB: City Attomey Harper indicated that there may or may not ultimately be a deal; and there is not one at this time. Councilman Alongi noted that this was lus concem during the Study Session discussion. He noted that this agreement was with Mr. Shine, but if he is going to sell the property, he would have' liked a different arrangement. Mr. Harper clarified that this agreement is not readily assignable and there is no assurance that it will be sold. Councilman Alongi questioned if he supports this agreement, and if the,property sells, whether the Council will have an opportunity to discuss the agreement again. City Attorney Harper clarified the existing developmenY agreement and the requirement to reopen discussion. Mayor Pro Tem Kelley noted that this is second reading and her concerns from the first discussion are still of concem; therefore she will again vote with First Financial Group. Inc. (F:68.1)(X:150.2) PAGE FOUR - CITY COIINCIL 1VIINUTES - JANUARY'28, 1997 against the Ordinance. . UPON THE FOLLOWING ROLL CALL VOTE: ORDINANCE NO. 1024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT WITH FIRST FINANCIAL GROUP, INC. UPON THE FOLI.OWINGROLL CALI. VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, METZE, PAPE NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1025 - Regardin~ Nuisance Abatement Costs.(F:32.4) MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1025 UPON SECOND READING BY TITLE ONLY. UPON THE FOLI,OWING ROLL CALL VOTE: ORDINANCE NO. 1025 AN ORDINANCE OF-THE CITY COUNCIL OF THE CITY OF LAKE EI:SINORE AMENDING SECTION 8.18.090 OF TIiE LAKE ELSINORE MUNICIPAL CODE CONCERNING NUISANCE ABATEMENT COSTS. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE NONE NONE Councilman Alongi quesfioned whether the $100 cost had been removed. City Manager Molendyk confirmed. PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 28, 1997 33. Lake Elsinore Valley Chamber of Commerce Facility Use Agreement. (F:68.1)(X:108.4) City Manager Molendyk explained this item and the services to be provided by the Chamber in exchange for the assistance. He furkher explained that they are requesting continued free rent in lieu of the services provided to the City for a two year period. He noted an additional handout presented tonight detailing the goals of the new board. Councilman Alongi noted the lustory behind this item, and indicated that the City has been very gracious to the Chamber of Commerce in maintaining the building for them. He indicated that the City should help everyone in the Community, and not just one organization. He detailed the maintenance costs for the building and stressed the amount of assistance previously provided to the Chamber. He suggested that the City's current budgetary situation shouid be a factor in the Chamber consideration. He questioned the implication that if they did not receive the $300 waiver the wouldn't provide the services. He indicated that the building was restored with a museum or lustorical society in mind. He indicated that with regard to updated City Map, that is up to the Chamber as to whether they provide it; but noted that it is a way to advertise for its members. He fiurther indicated that it is not fair to use taxpayer dollars to benefit a few, as the community does not benefit from the waiver of the $300 and the continued maintenance. Mayor Pro Tem Kelley noted that she feels it does benefit the entire community when the businesses are healthy. She noted the people brought into town with events such as the Grand Prix; and indicated that the assistance with the Historical Society benefits all. Councilwoman Brinley noted that most cities support the Chamber in some way; to work together to make a better community. She commented that the new Board of Directors will allow for loud and clear communication. She indicated that she is very pleased with the presentation to be provided to Council monthly. Councilman Metze concurred and indicated that he feels the City gets more than the $3,600 worth of services, IIe stressed their efforts to give the City a more positive image, and indicated that there is no way to put a price tag on it. He commented that he would be open to a two year contract with a two year continuance clause. Councilwoman Brinley further noted that the Agreement will help to promote better understanding between the City, the Chamber and the Community. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE THE AGREEMENT AS PRESENTEIJ. Mayor Pape commented that the public does not have the packet in front of ~ ~ ~;~~. ~ PAGE SIX - CITY COiJNCIL 1VIINUTES - JANUARY 28, 199T them, but noted the long list of efforts by the Chamber to assist the City and the local residents. He detailed some of the key services to be provided and stressed the cost of providing those services. He stressed the efforts to market the community as a tourist/recreation site, and assist with marketing the City at Boat Shows. He noted that the Historical Society is very new and doing a good job, but it would not be practical to try and charge them a fee even though they are taking up a portion.of the building. He concurred that this is a worthwhile investment. Councilman Alongi noted that there are thousands of dollars spent on tourism efforts already;;and while he doesn't disagree that the Chamber has a function, if the City was in a position to assist other organizations, then his attitude would be different. He indicated that when the Chamber receives assistance and smaller groups do not, it is not a fair arrangement: He fiuther indicated that if the Chamber was just starting out he would agree with the assistance, but noted that they have 250 members. He stressed that the Ciry pays to maintain the building, and that does not benefit someone who is out of work or unemployed. He also noted that residents don't benefit from the businesses in the County and suggested that it would be interesting to see how many County businessesare part of the Chamber and have the County pay an appropriate share bf the assistance. Councilman Metze noted that the cost to Chamber would need to be passed partially on to the Historical Society. Councilman Alongi stressed that the main room was builf for displaying relics and lustorical items of.the community. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 34. Annointment to the E.V.IVI.W.D: Task Force.(F:164:2)(X:441) -- Mayor Pape noted the 'appointments at the last meeting. Mayor Pro Tem Kelley announced her appointment of Mr. John Gonzales, a biology teacher at Temescal Canyon High School, to the E.V.M.W.D. Task Force. Mayor Pape noted that Mr. Gonzales would be a good addition to the group. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Stop Si~n Controlled Intersecrion - Baum/Strickland Avenues - Resolution No. 97-1. (F:162.4) Councilman Alongi reported on items 4 and 5 jointly. He expressed appreciation for the fast work by staff on both of these stop signs, particularly the one at Lake and High Streets. He noted that the work was done in-about 3 weeks. PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 28,1997 MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-1. RESOLUTION NO. 97-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. (BAUM/STRICKLAND AVENUES) 5. Stop Sign Controlled Intersecrion - Lake/High Streets - Resolution No. 97-2. (F:162.4) MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-2. RESOLUTION NO. 97-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING TI-IE LOCATION OF CERTAIN STOP INTERSECTIONS. (LAKE/HIGH STREETS) 6. Drug Free Zone - Pilot Project around Elsinore Elementary School - ResolutionNo. 97-3. (F:127.2)(X:142.1) City Manager Molendyk explained this item and noted prior discussions of this program, which came out of the Safe Streets Program. He indicated that it is supported by the District Attorney's office, and allows for no plea bargaining of those violating the Drug Free Zone. He explained that it is intended to send a clear message that there will be no drug activities within 1,000 feet of the School and the District Attomey will allow no breaks for violators. He noted that he has received questions as to why this program is not implemented at all of the elementary schools, but he has been told that it is limited to one school at a time. Councilman Alongi indicated that tlus is a good program, but he does not see a difference between in front of a school and 5 blocks away. He stressed the problem of drugs within the community, but questioned the reality of this limitation. Police Chief Walsh commented that any sale of drugs to children is generally not plea bargained. He explained that this zone regulates drugs and alcohol whether someone is using, selling or possessing them within 1,000 feet of the school. He noted that the reason the program cannot be expanded is the slim staffiug available for the District Attorney's office. He further noted that this zone will guarantee full District Attorney prosecution. He stressed the limited personnel available to provide t}us level of service, and the need to allow for plea bargaining in general. He advised that District Attorney concurrence is required prior to implementing a zone of this type. Councilman Alongi questioned the viability of the program. City Attorney Harper clarified that there are two parts to this program as authorized by statute. One being PAGE EIGHT - GITY COUNCIL MINUTES - JANUARY 28, 1997 penalty enhancements for activities within the zone, and the other the clause for no plea bargaining. He noted that everyone would like to see a Drug Free Zone at the City limits, but this is a first step in a positive process. He noted that the Police Deparkment has determined that Elsinore Elementary is a top priority for the program. Mayor Pro Tem Kelley noted that ttus is a pilot project and only the first step. She concurred that it was unfortunate the program could not be initiated at every school, but noted that may eventually occur. She commented that children seem to be a target for trafficking of drugs. Ghief Wa1sh noted that the District Attorney sees this program cleaning up one area at a time and it could eventually be moved to other areas. He fiuther noted that Drug Free Zones are only allowed around schools, parks or day care centers, pursuant to the legislation. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-3. RESOLUTION N0.97-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Ok' LAKE ELSINORE, CALIFORNIA, ESTABLISHING A."DRUG FREE ZONE" PILOT PROJECT ENCOMPASSING ELSINORE ELEMENTARY SCHOOL. = 7. EVMWD Properiv Transfer (LEMA) - Resolution No. 97-4. (F:68.1)(X164.2) Councilwoman Brinley requested that Mr. Molendyk explain what is occurring on this item. City Manager Molendyk noted the Lake Stabilization program and the provision of improvements; and explained the transfer of property as part of the agreement to Fill and Operate the Lake. He explained that through the efforts of the Water District the work is now completed and ready for transfer of the land. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-4. 12ESOLUTION NO. 97-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF I.AKE ELSINORE AUTHORIZING AMENDMENT NO. 1 TO CONTRACT NUMBER 5-07-30-W0103 BETWEEN THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION AlVD THE CITY OF LAKE ELSINORE. 8. Remedial Desi~n Work for Caltrans Local Seismic Retrofit Pro~xam Work on the Casino Drive Brid~e at San Jacinto River. (F:156.2) PAGE NINE - CITY COUNCIL MINUTES - JANUARY 28, 1997 Councilman Alongi pulled this item because he felt the Bridge was built to all seismic requirements; and noted statements to that effect on Visions and Views. City Manager Molendyk clarified that tlus is not looking at the Lakeshore Bridge, but the one on Casino Drive. City Engineer O'Donnell confirmed that the comments on Visions and Views were regarding the Lakeshore Bridge, but ttus work is required by Caltrans on many bridges following the San Francisco earthquake. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROPRIATE $6,990 FROM MEASURE A FUNDS FOR ENGINEERING OF REMEDIAL WORK FOR THE CASINO DRIVE BRIDGE AT SAN JACINTO RIVER; AND AUTHORIZED THE CITY ENGINEER TO HIRE MCLEAN & SCHULTZ TO PREPARE PLANS AND SPECIFICATIONS FOR REMEDIAL WORK FOR THE CASINO DRIVE BRIDGE. 9. Custodial Maintenance Contract - American Buildine Maintenance.(F:68.1)(X:50.1) Councilman Alongi noted that he reviewed the requirements for the contract, and he has a problem with the bids. He expressed concern that the charge for the Chamber building went from $438 a month to $92 a month. He noted the extreme difference in the bids and expressed concern with the Stadium portion as well. He indicated that he would like to have confirmation from the contractors that there was no mistake in their bids. He noted the e~ensive list of daily, weekly and monthly tasks, and furkher questioned the bid. He suggested that the Council obtain confinnation of the bids to assure that they can provide the service for the quoted costs. Community Services Director Sapp indicated that staff can go back and check; however it was a requirement that all contractors visit the buildings and evaluate before submitting bids. Councilman Alongi stressed that this bid was well below the standard service cost, and he doesn't want the City to get into another agreement that ends in a lawsuit. He stressed that he would like to hold the document for coufinnation. Mr. Sapp noted that this contractor has references from three other cities, but if the Council desires staff can review the bids fiuther. Mayor Pape noted that tlus contractor has done the work for the last few months, is familiar with the buildings and staff has not had any problems with their service. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT BID SUBMITTED BY AMERICAN BUILDING MAINTENANCE AND AWARD A ONE-YEAR CONTRACT, RENEWABLE UP TO THREE YEARS. 10. Deed Acceptance - McVicker Canvon Park.(F:132.1)(X:114.12 - PAGE TEN - CITY COUNCIL MINUTES - JANUARY: 28, 1997 Councilman Alongi n'oted that there is much informarion on tliis item, and he would like to see the Council sit down and review it. He indicated;that there is no information on the money and where it is. He questioned the`DAG fees, proceeds, etc.; and indicated that he would like to review the`entire background of the pazk. He stressed that this is contemplating reimbursing $3 million, and while the developermay be entitled to the money, he would like to see a more thorough breakdown. ~He questioned the urgency!of acting on this item. Administrative Services Director Boone indicated that it has already been put off for nearly six month. Mayor Pape indicated that he read the package and discussed;it with;staff, and it seems to make sense. fie noted that Mr. Boone has met with the developer for last six months to verify costs and they have' asked for a payment. He detailed the funds to be used and stressed the development agreement with Centex; which required them to build and dedicate`the parks. Iie detailed the distribution of DAG fees and the CFD bond ~issuances: -City Manager Molendyk pointed out that when the Community Facilities District was established, it put together seven developers to provide public facilities and eliminate drainage problems; and stressed that accor.ding..Yo the agreement they have this money coming. City Manager Molendyk noted that Summerlake Park and 0ak Tree Park are - also a part of this agreement. He fiuther noted that the community benefited from these projects, and the Council requirement that the developer provide turn key facilities early in ~the project He stressed that tlus r~payment is part of the contractual agreement. Councilman Alongi inquired whether Centex is currendy paying DAG fees. Mr. Boone, indicated that Centex, Tava Homes and 888 De~elopment aze currently paying DAG fees. Councilman Alongi questioned-the 75%0 loan. Mr. Boone explained that in 1994 the Council agreed to loan up to 75% of the DAG fees to get the park started. MOVED BY BRINLEY,!; SECQNDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE' TO TRANSFER DAG FEES IN THE AMOUNT OF $288,000 TO THE PARK FUND; ACKNOWLEDGE THE NET COSTS DUE CENTEX OF $3,112,052; AUTHORIZE THE PAYMENT TO CENTEX IN THE AMOUNT OF $1,403;000.00; ACCEPT THE DEED FOR RECORDING AS PRESENTED BY CENTEX; AND AUTHORIZE THE MAYOR TO EXEGUTE THE REIMBURSEMENT AGREEIVIENT. 11. Set Public Hearing Date of February 11, 1997, for the following: a. Zone Code Amendment 97-2 - City of Lake Elsinore. (F:172:2) The City is requesting approval of Zone Code Amenduient 97-2 wluch will amend Chapter 17.98 of the Zoning Ordinance (Temporary PAGE ELEVEN - CITY COiTNCIL MINUTES - JANUARY 28, 1997 Outdoor Activities) to provide for more clarification in terms of the type of uses allowed and the duration of these uses as part of the temporary outdoor activity permit process. Councilman Alongi noted that it would be nice to know what the amendment is prior to setting the public hearing. Mayor Pape noted that it is a previously discussed matter. Community Development Director Leslie explained that the hearing is to consider an amendment with regard to temporary uses. He indicated that the Amendment will come with a full staff report, but it is two fold. First it will clean up conflicting sections in the Code and second it will address temporary uses such as strawberry stands, allowing for more than thirty days of operation. Councilman Alongi indicated that he understands that, but still doesn't laiow what they will be considering. He suggested switching them over to a major event to allow continued operation. Mr. Leslie stressed that none of those uses allowed for more than 30 days of operation. He noted that there will be a full report to the Plamiiug Commission and the same will be brought to the Council based on the direction from the Plaruung Commission. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOU5 VOTE TO APPROVE THE PUBLIC HEARING DATE OF FEBRUARY 11, 1997, FOR THE ABOVE LISTED ITEM. THE CITY COUNCIL MEETING WAS RECESSED AT 8:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:08 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, indicated that she wasn't going to speak until after she could say "I told you so", but the last meeting was such a disgusting display of rudeness and character assassination she felt it necessary to speak. She noted specific comments by the Council and addressed Councilwoman Brinley with regard to her interruptions of Councilman Alongi. She indicated that in her opinion, Mr. Metze had no room to ta11c based on comments of another Councilmember with regard to USA Properties; and indicated that Council failed to tell the public that the City was in negotiations with USA Properties. She quoted the newspaper and questioned the possibility of back room discussions. She noted comments at the F.P.P.C. hearing about a separate bond counsel and suggested that residents serve on the Recreation Authority. Ace Vallejos, 15231 Cobre, noted the LAFCO hearing on January 23rd, and explained that LAFCO wants increased communication. He announced an upcoxning meeting on January 30th and requested Council's presence to start trading dialog. He noted that issues such as the Drug Free Zone are important to both areas and suggested that the exchange of information be established. She stressed the ~ PAGE TWELVE - CITY COUNCIL MINUTES - JANUARY 28,1997 importance of finding common ground for discussion. CITY MANAGER COMMENTS City Manager Molendyk noted that with the passage of Proposition 218, work is underway to review financial strategies. He advised that a citizens committee is being formed and met tlus date. He detailed the composition of the Committee and the future scheduled meetings intended to culminate with a report by the gcoup on February 25th. CITY COUNCIL COMMENTS Mayor Pape requested input from the City Attomey on USA properties. City Attorney Harper stated that there is a sepazate Bond Counsel which is Jones, Hall, Hill and White and they charge a single fee for their services and it is not done by lus fum. Councilman Alongi asked if City Attorney was Co-Bond Counsel. City Attorney Harper stated that he was. City Attorney Harper gave a brief history of the project and stated that what was heard by the Plauning Commission and the City Council was not an approval- of the project, but rather Design Review for USA Properties and noted that the General Plan and zoning was appropriate for the use. He fiuther noted that the prior Council had previously approved a General Plan Amendment and Zone Change to those - densities. He explained that there was a prior project approved on that site which was not low to moderate income housing, but contained higher density. He further explained that with that background the local residents were opposed to the project as well as the majority of Council who had reservations about the general locations for mulri-family housing in the community which includes that site location. City Attorney Harper noted that unfortunately, faced with the first two things discussed, it made Council's job a little more difficult; they were faced with a developer who had a"take it or ieave.iY' approach up to and through the public hearing process. He explained that after the law suit was filed it was found that the developer had already invested appro~cimately $1,000,000 in the project through design work and acquisition of the property, and in addition was faced with another possible cost of $200,000 when their loan commitment was withdrawn. City Attorney Harper noted a portion of the statute which provides the burden againstwhich the City was struggling. He stated that it is the policy of the State that a 1oca1 government not reject or malce infeasible affordable housing developments which contribute to meeting the housing need, determined pwsuant-to tlus article without a thorough analysis of the economic, social, or environmental action without meeting the provisions of Subdivision D. He further stated that Subdivision D provides that a local agency shall not disapprove a housing development project affordable to low and moderate income households or condition approval in such a manner that renders the project infeasible for development for use of low and moderate housing. He noted that there are some very narrow finding which are exceptions to this issue. He furkher explained that PAGE THIRTEEN - CITY COUNCIL MINUTES - JANUARY 28, 1997 feasible is defined as being capable of being accomplished within a successful manner with in a reasonable period of time, taking into account economical, environmental, social and technological factors. City Attorney Harper stated that in that context the Platuiing Commission and City Council denied the project by making the statutory findings, which he suggested are very narrow. He explained that he perceives that the Council hoped that the developer would realize the feelings of the community with regard to the project and walk away or least change the project and not file a law suit. He noted that unfortunately what lus firm did not know and did not find out until the discovery process was the amount of money that the developer had in the project and as a practical matter their inability to walk away and as a consequence filed a law suit. He fiukher explained that there was no negotiations with the developer in terms of making.the project different than it was with the exception of at the staff level as they would do normally with the Planniug Commission until after the law suit was filed. He furkher noted that the law suit, based upon the defense was based upon the things that he has explained was not a slam dunk winner for the City, but was not an absolute looser either and as a consequence the developer in order to overcome the objections which were stated in the findings, offered through the court to substantiality change the project, so that the project which ultimately overcame the objections, was dramatically redesigned, as well as significantly improved security and additional contriburions to road improvements. City Attorney Harper stated that USA Properties offered a variety of factors which rendered the project much nicer than any other apartment project in the City of Lake Elsinore and in fact the rents that will be chazged will be higher than the non lower and moderate income rents in other places in the City. He explained that in terms of the judgment, he is willing to take some responsibility for the confusion, but the judgment, while tentatively entered in mid November was not finialed, nor did the City get notice of its final until December 11. He further stated that the Notice of Judgment was mailed on the Sth of December and received by his office on the l lth and was faxed to the City. He explained that there was no second meeting in December and the first opportunity for the Council to consider the final judgment was at the last Council Meeting. He pointed out that the newspaper was right that the judgment should have been announced, however there is no legal obligation to announce the findings of the court. City Attorney Harper stated that for practical matters the City did not receive the judgment until early December. Mayor Pro Tem Kelley commented on the following: Corrected the Minutes regard the vote on LEA that she had voted no. 2. Directed a request to any church representative to do the invocation. She noted that they should call the City Clerk. 3. Reported on her attendance at an all day County wide Library Summit. She stated that there were representatives from all over the state and they discussed the history of libraries and the current breakdowns in the system. PAGE FOURTEEN - CITY COUNCIL MINUTES - JANUARY 28, 1997 4. Announced that DMG Associates which is doing ow Library Study will be doing an open forum on Wednesday, February 12, in the evening. She stated that a notice will be placed in the local paper and stated that they are looking for interested citizens to come out and provide input and stressed the need for input on services. She asked that citizens watch the papers for the notices. 5. Commented that the Drug Free Zone is a great program and noted that there is another crime fighting progam called WETIP hotline which is available throughout the City as well as being provided in the School District as well. She noted that WETII' is getting ready to celebrate their 25th anniversary and noted their long term service to communities. Councilwoman Brinley commented on the following: 1. Thanked Tom Thomas for his update on the Chamber and noted that this report will prove to be a useful tool to promote everyone working together. 2. Stated herpleasure in attending the Student Of The Month luncheon and noted how much pleasure it gave her to see the,successful attitudes of the students and parents and further noted what a pleaswe it was to honor them. She explained that most of the students that have applied to different colleges ha~e beemaccepted. She thanked Council for the opportunity to be-a part of the program. 3. Made note of the USA Properties issue and indicated that it was not the intent of staff or Council to misinform the publia She stated that there was an unfortunate breakdown in communications between the Council and the . Community and explained that she is aware that they should have gotten the word out more quickly. She stated that Council is working to correct that problem. 4. Stated that the Mayor will be announcing some very exciting news that she feels will be very positive for the community. Councilman Alongi commented on the following; 1. He stated that he will not discuss USA Properties tonight, but he will feature tlus issue on his program on January 30, at 7:00 p.m. 2. He noted that on lus show on the 30th Marlc Dennis will appear and there will be three segments on Reclaimed Water. :He stated that the last segment will a be set aside for ca11-ins. 4. He made note of the letters of apology that the Mayor generated and stated that he does not want to be a part of those. He stated that he does not apologize for what he says and will not apologize to anyone. PAGE FIFTEEN- CITY COUNCIL MINUTES - JANUARY 28, 1997 5. Noted that lus church held a fund raiser, for the Sheriff s Deparkment, at the local skating rink and the purpose was to assist the Sheriff's Department to buy bears. He stated that the bears are givento children who are in the process of being displaced. He suggested that anyone one that was interested in helping should mail a check to the local Sheriff s Department to help the children. It is possible that if they receive enough funds possibly they will donate extra bears to the hospitals as well. 6. Stated lus confusion in regard to the "Drug Free Zone" and stated that he would take any program he could get which helps the children and explained that he hopes that they expand the program throughout all the schools. 7. He noted that Councilman Metze had stated that he had made statements that were not correct. He explained that he takes great pride in being coirect in his statements and further noted that what he had said is the City takes the money used to maintain one park, then several other parks could be maintained. Councilman Alongi stated that 8 out of the 10 parks could be maintained with cutting the grass. He noted that the electricity will have to be wiped out. He noted that Councilman Metze made a slanderous remark that what ever l do benefits me and he will give Councilman Metze an opporiunity in court to tell him what benefits him. Commented that Mayor Pape made some slanderous remarks in regard to who our Co-Bond Counsel is. ; 9. He noted that Councilwoman Brinley feels that it is lus responsibility to pay for community services. He fiuther noted that it is not his job to pay for them, rather it is his job to preserve them just as it is hers. He pointed out that Council gives money to organizations that could raise the money themselves, instead of giving that money to ourselves to provide services. 10. He noted that Mayor Pro Tem Kelley took part in the vote to remove him from two committees. He stated that on behalf of his wife, children, grandchildren and friends he will be filing a lawsuit against the other four and then they can see what they feel like when they have to spend their money on attomey's fees. He noted that he feels that he was right and is paying the price for his opinion. He further stated that it is time for them to be on the receiving end of this. Councilman Metze commented on the following: He did not remember the City Attomey giving direction that the USA Properties was a done deal and he felt that it was still in closed session process. He stated that Council is not at liberty to discuss what is said in closed session. He noted that Community Development Director Leslie was as surprised as he was in regazd to the judgnent and no one laiew that it was coming down like it did. - PAGE SIXTEEN - CITY COUNCIL MINUTES - JANUARY 28, 1997 2. Noted the article in the Sun Tribune and stated that the only comment that was printed was lus and the other Council did not get contacted because of the deadline. He stated that all the Council should have been contacted, and if they were not, then the article should not have been printed. He explained that if it is a matter of miscommunication then it is between the Council and City Attorney since he was still under the assumption that it could not be discussed and no one had informed him different. Mayor Pape commented on the following: Noted that potholes have been created due to the recent rains and staff is out hying to get all of them patched up. However, is any are missed, call (909) 674-5170 to report them. 2. He is pleased to announce the good news that all the bonds have sold in one day at a good interest rate which was at an average of 7.1%. -He noted that this is very positive for the City and puts us one more step toward our goal of getting the City financially squazed away. He thanked Mr. Rod Gunn and lus staff for all their efforts. 3. Noted a letter he had received regarding dumping of trash in Couniry Club Heights. He announced to all that if someone with large items will call C R & R and advise them that you have large items to be picked up, they will give you a date to place the items out and they will pick it up for you. He stated that each homeowner has this opportunity to do this twice a year and stressed that the public should take advantage of it. 4. Commented that USA Properties was a very fiush~ating situation to see in the newspaper. He noted that Council had received the written report two weeks ago today and did not read it until after the meeting. He stated that he had not . had the opporturuty to call the representative in the Ayers Tract and advise them ahead of time. He further noted that it was not a surprise to the citizens who called in that the City had to a11ow the project to go forward. He stated that he had hoped that the judge would see it from the City's point of view and possibly the developer would take the project elsewhere. This did not happen. He noted that the developer did make some improvements and it is a better project than originally proposed. Mayor Pape stated that this Council has made every effort to increase communication with the different representative of the community and if there is a breakdown, then hopefully this can be worked out to prevent any future occurrences. He noted how important it is for people to know what goes on in their community. CLOSED SESSION a. Joint Closed Session with the Redevelopment Agency - Pendu-g Litigation - Lake Elsinore Associates - Case No. 200767. PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 28, 1997 b. Potential Litigation - L.E.R.A. c. Pending Litigation - USA Properties Inc. - Case No. 280489. City Attorney Harper noted that the topics for closed session would be Item b. Potential Litigation - L.E.R.A. and two other Potential Litigarion items. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:41 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:27 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:28 P.M. ~ ; ;' %~ / / / ~~~~;~ G,(~ I `~ ~~~~ ~% ~ - VIN W. PA E, MAYOR ITY OF LAKE ELSINORE A'!' f'EST: C ` ~ ~~~~~~ !rfCKI K.A,.~~~, CITY CLERK (;I`~'~' ~; L" AKE ELSINORE