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HomeMy WebLinkAbout02-25-1997 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 25, 1997 ~********~*~,~~*~~*~~~~*~~************~,~~~~~~~~~*~*,~~*******~*~~*,~*~ 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 Councilman Metze. INVOCATION a. The Invocation was provided by Father Rudy Gil. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, . KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, City Engineer O'Donnell, Police Chief Walsh, Fire Clrief Seabert, Assistant to the City Manager Best and City C1erk Kasad. PRESENTATIONS a. Presentation - Report by Chamber of Commerce. (F:108.4) Tom Thomas, President, Lake Elsinore Va11ey Chamber of Commerce, provided an update on Chamber of Commerce activiries and provided dates for upcoming events. He announced that beguuung on March 27th, the Chamber Newsletter will appear in the Sun Tribune newspaper, and expressed appreciation to the Sun Tribune Staff for theu assistance. He announced the Annual Chamber Meeting on April l st, the Annual Casino night on Apri15th and the Student of the Year Recognirion on June l lth at the Diamond Stadium. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those -~AGE TWO - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 discussions: Item Nos. 9, 31, 32, 33 and 34. CONSENT CALENDAR ITEMS The following items were pulled for further discussion and consideration: Item Nos. 8 and 9. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY ~JNNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTEA The following Minutes were approved: a. Regular City Council Meeting - January 28, 1997. (F:44.4) The following Minutes were received and ordered filed: b. Plauning Commission Meeting - February 5, 1997. (F:60.3) a Design Review Committee Meeting - February 5, 1997. (F:60.4) 2. Ratified Warrant List for February 14, 1997. (F:12.3) Rejected and refened to Claims Administrator the Claim Against the City submitted on behalf of Lake Elsinore Recreation Area, Ina (CL #97-2). (F:52.2) 4. Received and ordered filed the Monthly Report on the State C.O.P. S. Grant. (F:84.8) Adopted Resolution No. 97-7, approving Request from Southern California Association of Governments. (F:108.12) RESOLUTION NO. 97-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF I.AKE ELSINORE, ENDORSING THE PLANNED "CALIFORNIA FIRST" STATE LEGISLATIVE LEADERSHIP SUMMIT. 6. Adopted Resolution No. 97-8 - Approving the Application for Crrant Funds from the Used Oil Recycling Block Grant Program to Develop and Maintain a Used Oil Recycling Program - Used Oil Block Grant Fifth Cycle. (F:84.1) RESOLUTION NO. 97-8 A RESOLUTION OF THE CITY COUNCIL OF T~IE CITY OF PAGE THREE - CITY<COUNCIL MINUTES - FEBRUARY 25, 1997 LAKE ELSINORE, APPROVING AN APPLICATION FOR GRANT FUND5 FROM THE CALIFORNIA USED OIL RECYCLING BLOCK GRANT - FIFTH CYCLE TO CONTINUE THE DEVELOPMENT AND MAINTENANCE OF USED OIL RECYCLING PROGRAMS. Adopted Resolution No. 97-9 relating to a Stop Sign Controlled Intersection - Lash/Dryden Streets. (F:162.2) RESOLUTION NO. 97-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS - LASH/DRYDEN STREET. PUBLIC HEARING 21. General Plan Amendment (GPA197-1 and Zone Chan~ZC 96-3: A Chanee of the General Plan Land Use Classification of Six Parcels Fronting on Camino Del Norte Approximately 2000 Feet South of the Intersection of~ 2nd Street from Neiqhborhood Commercial and Future Svecific Plan Area "G" to General Commercial. and a Change of Zone from R-1 (Single-Fanuly Residential) and M-1 (Limited Manufacturinel to C-2 General Commercial~ - MissinQ Link Investors II. (F:83.2)(X:172.2) City Manager Molendyk explained this request for Zone Change, and detailed the location. Community Development Director Leslie furkher added that this proposal started as a Zone Change request only to bring it into compliance; and City staff suggested to the property owner that the General Plan amendment might be more appropriate and the application was modified. Mayor Pape opened the public hearing at 7:13 p.m., asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:13 p.m. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE MITIGATIVE DECLARATION 97-1, APPROVE GENERAL PLAN AMENDMENT 97-1, ZONE CHANGE 96-3, ADOPT ORDINANCE NO. 1027 AND ADOPT RESOLUTION NO. 97-10 BASED ON THE FINDINGS LISTED BELOW: RESOLUTION NO. 97-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAHING AMENDMENT TO PAGE FOiJR - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 ~'HE LAND USE MAP OF LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1997. ORDINANCE NO. 1027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF I.AKE ELSII~IORE, CALIFORNIA, CHANGING THE ZONING OF AN AREA FRONTING CAMINO DEL NORTE APPROXIMATELY 2000 FEET SOUTH OF THE INTERSECTION OF 2ND STREET FROM R-1(SINGLE-FAMILY RESIDENTIAL) [HPD] AND M-1 (LIMITED MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) - ZONE CIIANGE 96-3: CITY OF LAKE ELSINOREo IJPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~ ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Second Reading - Ordinance No. 1026 - reeardin~ Temporarv Uses. (F:67.1) Mariana Mohylyn, 305 W. Sumner, indicated that she is pleased with this ordinance, but questioned the timnig between events and the number of 30 days periods wluch would be allowed. She suggested the inclusion of verbiage which would clarify what can happen the rest of the year. MOVED BY ALONGI, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1026: ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING THE EXISTING CHAPTER 17.98 ("TEMPORARY OUTDOOR ACTIVITIES") IN ITS ENTIRETY AND ADDING A NEW CHAPTER 17.98 "TEMPORARY USES" (ZONE CODE AMENDMENT [ZCA] 97-2). UPON THE FOLLOWING ROLL CALL VOTE: PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY:25, 1997 AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Revenue and Services Task Force ReportlBallot Measure - Resolution No. 97-11. (F:72.2) Mayor Pape noted several requests to speak and reminded the speakers of the three minute time limitation. City Manager Molendyk stated that he was asked by the Task Force to present an overview, on this item and noted that there are six main speakers from the Task Force that will provide information. He read portions of the Staff Report and highlighted what the LLNID currently provides. He explained that the Task Force and staff discussed all the financial issues of the City and detailed information was provided during the three Task Force meetings. He emphasized that there is no funding mechanism for parks and detailed the losses and cuts for fiscal year 1996/97 as well as fiscal yeaz 1997/98. City Manager Molendyk gave an overview of the proposed use of funds for a total of $2.8 million and noted the findings of the public survey. He commented on the intent of Proposition 218 and pointed out that it is being said that the City is making threats to close the pazks. He reminded the public that the funds from LLMD do maintain the parks, and with no revenue source those parks will have to be closed. He explained the role of the Joint Powers Insurance Authority and the requirements of that Agency. Ae noted that if those standards are not maintained, then the City would need to close the parks as of July 1, 1997. Assistant City Manager Watenpaugh read the following letter from the Southern California Joint Powers Insurance Authority for the record: February 8, 1997 Dear Ron, In light of the upcoming proposition 218 election in Lake Elsinore and the uncertainty of the election's outcome, you ha~e raised a question about liability in the event the election does not return existing revenues to the City. Specifically, you inquired about maintenance of parks by non-City personnel. We also discussed by telephone the issue of closing pazks for which there are no maintenance and improvement funds. You asked that I forward ow recommendations to you in PAGE SIX - CITY COLTNCIL MINUTES - FEBRUARY 25, 1997 . writing, these recommendations are made without first hand knowledge of yow specific situation and without having visited each possibly affected park for individualized recommendafions, and are therefore generalin nature. Maintenance of Parks by Others: The City is liable for injuries to others on City property, regardless of who does the maintenance, unless that risk is contractually transferred and properly insured. The risk of injury to others or theu property on property open to the public is a reality. Addirionally, that risk will, with certainty, periodically result in injury or property damage for which the injured pariy will seek monetary damages. This is a cost of having open parks. It is also a cost that can be transferred contractually. As a rule of thumb, the lower the level of maintenance, the lugher the risk of injury. We would not recommend that the City have all of the liability and no control over the maintenance, repair, and improvement of the parks. If the public does not see fit to provide the funds for operation of the parks, and maintenance is assumed by others, we would recommend transfer of the risk of injury and damage to the entity wluch takes over maintenance of the park. Presumably, if you cannot afford to maintain the parks, you cannot afford to compensate individuals who are injured while using the parks. Transferring risk should be done conh~actually; it should include appropriate indemnity clauses (we can provide suggested language for review by tlie City Attorney) and an enforced requirement for adequate insurance from an admitted well-rated carrier. Closing Parks In the unfortunate event that it becomes necessary to actually close parks because oflack of funds and inability to transfer the liability for operation of the parks, we would recommend taking steps to minimize your risk to the greatest eatent feasible. Risk minim;~ation could take a number of forms. For example, you might be able to sell or give the parks away to an entity that would retain them as a well maintained resource, e.g., to the County. Although there are legal "hoops" to jump through, it might also be possible to sell the parks for development which would generate much needed revenue to the City. Please consultwith the City Attorney in that regard. If you are not able to eliminate your risk by transferring the parks to others, various steps should be considered to minimi~e risk Because the parks would not be maintained, dangerous conditions would ultimately develop from use without maintenance. Dangerous conditions can be minimi~ed by removing all bodies of water, all play PAGE SEVEN - CITY COiTNCIL MINUTES - FEBRUARY 25, 1997 equipment, e.g, backstops, dugouts, swings, slides, etc., and all other fixtures wluch attract people, e.g., tables, benches, restrooms, etc. Ultimately, the safest thing to do might be to remove all of the improvements, level the ground, and fence the property. Say It Ain Y So I hope that this appropriate consideration by the City of various scenarios, in the event the election question does not pass, is soon relegated to the category of an unneeded contingency plan. If the people say, in essence, that they do not want to pay for parks, we will try to assist with risk management recommendations based upon a visit to the parks and an understanding of the ultimate funding situation. Please call if we can help. I extend my hope to you and the community that beaury will be maintained in the parks, that rest will be available in them, that laughter will continue, that cheers will be heard, and that games will be played . as they have for so many decades in a City that has seen and grown beyond difficult times before. Sincerely, William Holt, Executive Director City Manager Molendyk noted questions regarding the City Attorney's position on a General Tax. City Attorney Harper explained that the City is faced with a situation which is lazgely uncharted territory. He noted both sides are looking at prior law, particularly Proposirion 13, which raises the question of excise taa~ versus property taac. He noted a case in Oakland, Califorrua and cited the distinction between excise tax and property tax and the difficulty in distinguishing the difference. He explained that in Oakland the proposal was not an excise tax, but rather a property taY since there was no attempt to apportion the taY by uses of properties. City Attorney Harper explained that there is no absolu*_e, but there is no case which makes a definitive decision that what is proposed is an excise tax. He further explained that there are a couple of way of being certain of the outcome: 1) No challenge under Proposition 13, by a 2/3rds vote; and 2) an Excise tax such as the Utility Users Tax which Jarvis-Gann would most likely concur that they are admissible. He stated that another option is to do nothing, but that is not feasible for this City; therefore that leaves the two options: Adopting by a 5-0 vote a determination that an emergency exists and placing the issue on the June Ballot; or approaching the issue as an excise tarc, which requires under Proposition 218 a majority vote of 50% + 1. He stated that there are no absolutes, but he feels comfortable as some others do that this is an excise taac. He noted an article in The Califomian Newspaper that quoted .:_ PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 a City Attomey that did not agree with his opinion, but he did not want lus name used in the article. City Attorney Harper stated that he feels very strongly that based upon the only case cited on the issue, the tax proposed to this City Council is an excise tatc and will sustain a legal challenge. He noted that because of the emergency situarion in this City, there is the potential that an election in June before any other city and will draw attention to Lake Elsinore. City Manager Molendyk noted that the Citizen's Comxnittee has wrestled with the quest~ons and has tried to deal with the issues that the City faces and will provide a report regarding their findings. Mayor Pape noted the discussion of the excise taY is a flat rate tax and is not based on the value of the property. He noted the six different property categories as proposed. Joyce Hohenadl, 27 Corte Palazzo; Chairwoman of the Task Force, stated that she served as Chair of the Revenue/Services Task Force. She recognized the membership of the Task Force and thanked staff for their hard work. She noted that no one likes tarces and that proposing a tax increase is a form of political suicide, however Council turned this issue over to a Task Force and they have been meeting for the last month. She stated that they have learned of the impact of revenue losses and gave an overview of those areas as well - as suggestions of what the City could do to raise revenue. She read the Task Force's recommendation to the Council as follows: The Revenue and Services Task Force recommends the City Council adopt a resolution for a proposed ballot measure relating to the imposition of a general excise ta~c and declare an emergency related thereto. The Task Force recommends a total general ta~c of $2.8 million be collected in a fair and equitable manner. The Task Force further suggests that an ongoing method of citizen communication and notification be established to increase awareness of City efforts to effectively manage budget and service levels as prioritized by City residents. Tom Thomas; P-~esident of the Chamber of Commerce, 33285 Ortega Highway, property owner, businessman, community member and Task Force member, commented that he did not want to see the community go backward. He stated that it is no secret that there is a revenue shortfall and there is a need to address this issue. I3e noted that this is not a good position for the community to be in. He advised that this year the shortfall will be $650,000 directly impacting park maintenance, as well funding taken away'by the State which must be replaced. He fiuther advised another area is the reduction in property taxes, and explained that this is double edge sword which impacts the City in the long run. Mr. Thomas eaplained that with General Fund PAGE NINE - CITY COUNCIL MINUTES - FEBRUARYf 25, 1997 monies wluch must go to the RDA there is a loss of $848,000. He stated that this is a total of $2.5 million or to a 20% reduction. He observed that not many businesses with a 20% reduction in revenue could continue to provide same services. He explained that he does not want to see services dimiiushed and noted that the biggest issue is funding. He stressed the need for a 5-0 vote to allow the citizens the right to vote on this issue. Mary Venerable, 29400 3rd Street, member of the community, businesswoman, property owner and member of the Task Force, stated that the decision to recommend an excise tax did not come easily. She stated that there had been suggestions to downsize and cut the fat out of the budget. She stated that after review of the data, and asking probing questions it was disclosed that all of that had already been done. She stated that over the last five years the Ciry has grown approximately 25% and there has been a 25% reduction in staff. She noted that there is a smaller staff, but the City's efforts and activities have been for a larger City. She noted that the City has privatized nearly every service and has made use of contract personnel in order to cut cost. She explained that the Task Force believes that the City - needs staff to provide services which are infeasible to contract for and to adwinister the contracts the City already has. Ms. Venerable stated that her ~ role this evening is to show her support of the recommendarion and to keep the Task Force intact. She stressed the need for a yes vote in June. She stated that without any revenue measure the City cannot sustain itself to the expectations of the community. She suggested that the City divide itself into five districts to better allow the Council the ability to address issues in their districts to better inform Council and restore accountability and credibility. Mike Mena, 315671 Willow View Place, Task Force Member and home owner, stated that he was e7ctremely concerned with the services the City could loose without this measure. He noted that it would mean the closure of parks due to the liability, if the parks are not maintained. He stated that it would create a significant problem for the youth with no place to go for supervised activities. He explained the importance of juvenile diversion programs as well as other essential services such as the police, the library, Senior Center, C~ltural Center, Community Center and maintenance of public facilities. He further eaplained that no one likes higher ta~ces, but everyone who moved to Lake Elsinore choose to do so for a safe and clean community. Mr. Mena explained that after working with the Committee for the past month, he can assure the public that there has been a thorough review of the revenues of the City and he has learned that we must all work together. He stressed the importance of the parks and the fact that people have moved to Lake Elsinore for those sazne parks with the beauty and quality of life that this City has to offer. Phil Williams, 30365 Ainsworth Place, Task Force Member, representative of the Lake Elsinore Valley Soccer Club and Lake Elsinore Girls Softball, stated that he felt that the first priority should be the children of the community. He _ PAGE TEN - CITY COiTNCIL MINUTES - FEBRUARY 25, 1997. ga~e an overview of the participants in the valley for a tournament in one weekend and the amount of revenue that they could generate with the local business people. He noted that the amount of revenue generated in a one yeaz period'is approximately $1.4 million. He stressed the contribution of funds to the local economy and the major side benefit of keeping our youth active and not involved in negative achvities. He noted that the youth activities involve appro~mately 2,000 children and their families. Mr. Williams requested consideration of the Task Force's recommendation. Ra1ph Ferro, 29056 Forestview, Task Force Member and concemed citizen, explained the arithmetic of the requested tax. He noted that the excise tax is asking for $84, but at this tune the local tax is reflecting an average of $38 for LLNID; and therefore would only be an increase of $46 more than what is currently on each residenYs tas bill. He explained that the increase breaks down to $3.85 per month. Mr. Ferro detailed the losses to Proposition 218 as well as theloss of State funds and County Property Assessments. He explained the grave loss the reassessment of property has caused the City and noted that the average reduction in properly tax to each City homeowner is appro~mately $400 per year; and the City is only asking for $46 back from the $400 reduction. He stated that the property owner is still coming out ahead and in the process will bail out the City and preserve the quality of life. Donna Franson, 7 Villa Valtelena, Task Force Member, stated that the Members of the Task Force have examined the financial status of the City very closely and explained the cuts already taken. She expressed their concern regard°u-g possible future cuts. She further explained that the Taslc ~orce unanimously agreed on the proposed excise tax and explained the proposed use of the tax to'restore services already lost. She stated that she agrees with this action because we need to get on with the future and noted the improvements that have been made, including a drop in crime, increase in sales tax revenues, new businesses coming to the City, as well as the continued growth of the Outlet Center. She pointed out that Paradise Chevrolet and other new businesses are in the process of locating in Lalce Elsinore. She pointed out tliat the sale of homes have dropped and the money taken away from the State has had a major impact on the City. Ms. Franson stated that no one wants to pay more tases, but she felt tliat $3.85 a month vvas not a major problem for the taxpayer. She noted that the Committee wants a mechanism to give the residents confidence as to how the money will be spenY. Chris McColley, 29072 Palm View, resident, concemed parent, and Vice Chair of the Task Force, tlianked Council for the opportunity 4o serve on the Task Force and provide input. She stated that this is a demonstration of concern by Council for the communiry. She further stated that it was a pleasure to work with the people on this committee for the betterment of the City and pointed out that they all live, work ar raise their children in the community. She explained that finding solutions is the real challenge and the PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 Committee is working to see to the needs of the community and address the severe shortfalls'and revenue losses. She explained that the Committee has chosen to be a part of the solution process and is committed to finding answers. Ms. McColley noted that due to the economic situation in the State of California, the situation the Council presents is no threat, but rather a reality and Council has taken major steps to solve the problem. She noted however, that the citizens must decide what level of service they wish to have. She stated that the City is growing and tourism has been a very important part of the effort to enhance the community as well as the youth activities wluch occur in the local parks. She asked what happens to the Lake if it is not maintained. She noted the library is severely lacking in its operations at this time and questioned the future. She explained that all of the recommendations are from the Community and are considered basic services to preserve the quality of life. She requested that Council take action for a June Election to protect the quality of life in Lake Elsinore. Mariana Mohylyn, 305 W. Sumner, commented on money and power and stated that the Task Force has painted a very bleak picture of the future. She. suggested that Council temporarily shut down the Government to create a savings. She suggested that the members of the Task Force were the chosen ones and were brainwashed. She read aportion of a newsletter regazding Proposition 218 and pointed out that this is a direct threat to those currently in power. She stated that no one mentioned waste and Proposition 218 was passed to control waste in Government. Dick Knapp, City Treasurer, commented that he has recently reviewed a study for $29,000 with 400 quesrionnaires which consisted of seven pages each and indicated that it was a waste. He stated that he felt that the Stadium and waste were 98% of the problem. He noted that he has been following the _, Lighting and Landscaping Maintenance District since its inception and stated that his primary concem is not loosing the $1.8 million, but rather why we are doing all of this. He stressed that the only problem that the City has is $650,000 and questioned the proposed $84 a year. He stated that he could solve the problem right now, since the City Manager's Office cost appro~umately one-half million a year to operate. Edith Stafford, 54 Elm Street, addressed Mr. Harper, and indicated that it is still a property tax and in a court of law it will be seen as property tax. She stated that she appreciates the efforts of the Task Force, but feels that they were not given enough information. She fiuther stated that the LLMD was never meant to be used for parks and indicated that the report was misleading, deceptive and manipulative. She stressed the requirements of Proposition 218 and stated that what is proposed is not within the parameters of Proposition 218, nor Proposition 13. Ms. Stafford stated that she felt the : Task Force was used to try and soften the people and it will not fly and this action would have been taken a long time ago if it were legal. She further stated that she would not vote to give one red cent because of the Council's PAGE TWELVE.- CITY COUNCIL MINUTES - FEBRUARY.25,1997 socialist ideas and noted that when the funds go to the General Fund then they can be spenY anyway that the Council or staff sees fit to spend them and suggested that tlus is really to pay for the $14,000,000 bond measure. She stated that she was going to make sure that this issue did not fly, and commented that the truth has not been told. Chris Hyland, 15191 Wavecrest, stated that she thought it was marvelous that people are so concerned about the children, but not concerned enough when tlie Kids On Track program was taken out of the budget. She gave an overview of the cost of the survey and stated that the persons picked may not have been qualified for an unbiased survey. She questioned the appointments of the persons on the Task Force and noted that she had tried to attend the meeting and was turned away, wluch she felt was in violation of the Brown Act. She explained that she called Sacramento and they informed her that it should have been a public meeting. She stated that she pays her taxes and has the right to hear what is going on. Kevin Jeffries, 17666 Grand Avenue, addressed the Task Force members and extended his appreciation for their efforts and stated that this is a no-win situation and that it was a shame that tlus action was not started last November since Council must make their final decision tonight. ~Ie explained his understanding of Proposition 218 and noted the figures in the staff report. He stated that only $650,000 is needed to keep the parks open and this could be addressed as a separate item. He stated that if this item appears on the property talc bill, then it is a property tax and is not legal; and if it is challenged in court then all of the monies would have to be returned. Ae stressed that the excess did not need to be spent in parks. He suggested that it sounds more like extortion or blackmail if the current proposal is not passed. He stated that the local economy cannot afford to have nearly $4,000,000 sucked away for this action. Ae further stressed that the options should be broken down and go for a 2/3rds majority vote. He indicated that tlus is a pork barrel proposal and will be defeated. John Seepe, 15631 Half Moon Drive, thanked Council for the opporiwuty to address this issue and stated thathe felt that Council had lost their credibility and had to assign this issue to a Task Force. He cited the January 15th Meeting and their behavior at that meeting which occurred in front of a number of Boy Scouts. He noted that Council did not even know that they had lost a lawsuit, which was irresponsible on their part. He asked that they behave properly both in action and the way that they address each other and be less concerned about the fi-ivolous items. He noted that if this item goes to a vote of the people, their behaviar over the next four months will affect the outcome and cautioned them to be careful. Dave Bulen, 33380 Dricott, resident of Lake Elsinore for 35 years, stated that he was in support of the recommendations of the Task Force 100%. He stated that he wouldn't have'the Council's job, but that they were doing a PAGE THIRTEEN,- CITY COUNCIL MINUTES - FEBRUARY 25, 1997 great job. He requested a 5-0 vote. Ralph Swick, 15058 Nottingham, President of the Little League, stated that he is attending to represent 460 non-voting citizens of the City. He stated that Little League has been in existence in the valley for the last 40 years and noted that it is now in serious jeopardy. He stated that the action taken tonight will most impact those that cannot vote and he asked that those persons who can vote talce this under consideration and vote on their behalf. He questioned the desire in the community for youth sports and diversions to continue and stressed the need for community spirit. He requested Council to support this item and asked that the people vote with a conscience. He stressed the need for long term solutions and again stressed how the kids would vote, if they could. Denise Thompkins, 320 Chaney Street, stated that she is addressing Council as a resident and a mother. She noted that the parks are taken for granted with no thought as to who talces care of them. She further noted the use of the parks by her four children and stated that she had no problem with the proposal. She asked that Council make this a unanimous vote to place this issue on the ballot and let the citizens decide on the tax. She explained that tlus raises a lot of questions and she does not understand why people cannot see that it is the children who will suffer in this situation. She stressed that it is important to let the citizens decide what they want and requested a 5-0 vote. Deloise King, 289 San Jacinto River Road, Task Force Member, stated that she does not live in the City, but is an employee of Mt. San Jacinto College and noted that her other Task Force members have spoken eloquently on the issues being discussed. She pointed out that other communities are going through the same issues and noted that Economic Development is vital for the community to continue to move forward. She stressed the need for business attraction and retention to the community and stated that this must be preserved. She wished the Council well in this decision. Paul Niehouse, 33387 Barnstable Way, Task Force Member, 17 year resident and business owner, stated that he believes the intent of Proposition 218 is to allow the voters to make their own choices on new taaces. He stated that if there is not a 5-0 vote on this ballot measure, then it is in violation of the Proposition. He stated that he is proud that his children grew up in this City and asked that Council give a 5-0 vote to the measure. Jack McColley, 29072 Pa1m View, stated that last November the voters sent a message to the Governments of California through Proposition 218 which was to have the opportwuty to vote on any taxes. He stated that no one wants more taxes, but it is the responsibility of each registered voter to make informed choices and seriously consider who will serve in public offices, because they will be spending those ta~c dollars. He stated that it is one thing PAGE FOURTEEN - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 to criticize Councal and their decisions and another to make vital plans to solve tliose issues and noted the tough issues that Council has been faced with, along with making solid plans to resolve those issues. Mr. McColley stated that the City has already made severe cuts in employees and avoided imposing tarces on the citizens; and pointed out that Council is not the cause of the financial problems and has been working for years to improve them. He noted that this ballot measure can improve the City or the citizens can choose to save a few dollars and see the City fade away. He further noted that for less than the price of a lunch at McDonalds the citizens can improve and maintain the City. He stated that those who supported the passage of Proposition 218 now call foul with the request for voter approval. He further stated that this is a fair and reasonable recommendation. Robert DeWitt, 15130 Via Valle, suggested that the lights at the ball fields be monitored since they are on during daylight hours and should only be turned on when needed. He fiuther suggested that the City put out accurate and complete information in the process. He noted parks, schools and churches have played a major role in his life and commented that proper policing is vital to youth activiries. He fiuther noted that the Library and the Lake are essential to the entire community, the Senior Center is vital to the Seniors and the City has been responsible for all of these facilities and activities. He commented on the after school programs and their importance. He cited a program on T. V. that pointed out that someone would complain about a bill for $3 but at the same time be smoking a$1 cigar. He stated that the citizens should put theu priorities in perspective and figure out what they are vv~lling to spend. He further stated that he felt thaY the amount that was bemg asked for is a pittance. Mayor Pape noted ihat it was interesting how two different groups have - commented on similaz ideas. He stated that tonight Council will be deciding whether the people have the right to vote on their City assessments and the 1eve1 of service. He explained that for some people it is a quality of life issue, others it is parks, Senior Center and more police. He fiuther stated that it is evident that the Citizens Committee has given this serious thought and believe it is in the best interests of the City to restore services to pervious levels. Mayor Pape stated that in a perfect world Council would not be faced with this decision, however in a perfect world the City would not have lost $700,000 of revenue to the State so they could balance their budget and revenue from the County Assessor was reduced on single-family residences. ~Ie noted that this was good for the homeowners, but reduces the City's annual revenue. He explained that the City Council has recognized that there is a problem and took the first step by restructuring debt and warking to increase revenue. He fiu~ther explained that the City has eliminated most of its old financial advisors and secured a new financial team. Mayor Pape explained that the second step Council took was to reduce staff and flatten the organization. He noted the reduction in Community Services and the Street Maintenance budget and listed the other positions which have been PAGE FIFTEEN - CITY COUNCIL 1VIINUTES - FEBRUARY 25,' 1997 eliminated. He commented that the City has made cuts in many programs such as Kids On Track, banner program, July 4th, Winterfest and the Halloween Carnival. He further explained that the main source of the City's revenue is property tax and detailed an average property taac and its distribution. He pointed out that the a~erage homeowner pays about $70 a year for the services provided by the City. He concurred that over the next few years the Committee should convene at budget time to address the use of funds and their accountability. He fiuther suggested that a sepazate page be placed in the budget to show the funds raised and how they were expended. Mayor Pape stated that before he released this item to the rest of Council for discussion he needed to share some disturbing news with the public. He advised that last Tuesday at 5:30 p.m. he and the City Manager met with Councilman Alongi at his request in the City Manager's Office. He indicated that at that time Councilman Alongi told them that he was tired of the Council "F"ing with him and if the Council wanted his vote to approve the election in June, he was going to get some of the things he wanted. The following were his demands: Reinstatement to two committees; $5,000 from CDBG Funds to be given to HOPE and $5,000 for Operation School Bell; and a letter of apology from the Council, which account for items 33 and 34 on this Agenda. He noted that Councilman Alongi said that he did not caze about the community and will get what he wants; the only people he cares about are lus family and the only other person he cared about has died, which was like his conscience. In the conversation Councilman Alongi indicated that he as Mayor should go to the Council for agreement to go along with these . demands. Mayor Pape stated that he and the City Manager were stunned and shocked to think that Councilman Alongi would hold the City hostage and were confused as to why he would act like this. Mayor Pape stated that he was not willing to violate the Brown Act to tallc with the rest of the Council about thissequest. Mayor Pape stated that mostpeople are aware that the District Attorney's Office has been investigating Councilman Alongi's recent actions, so on Wednesday morning he called the D.A.'s office for advise; they asked that he meet with one of the D.A. Investigators. At the meeting the Investigator stated his concern with possible extortion and bribery and asked that he wear a wire and meet again with Councilman Alongi and see if he would repeat the conversation; again he and the City Manager met with Councilman Alongi and he repeated his demands with only one change and that was that he wanted the Council to each make an oral apology. He indicated that Councilman Alongi repeated that he did not care what the Citizens Committee recommends, that he doesn't care about the community, and he will get what he wants or there will be no election in June. Mayor Pape stated that he wore the wire and the District Attomey has the tape and he doesn't laiow when it will be released to the publia He stated that the next day he wanted to tell the Citizens Committee and the press what had happened, but the District Attorney asked that he not say anything, however he stated that he felt that the people have the right to laiow what has happened, therefore he is giving that information tonight. He stated that he PAGE SIXTEEN - CITY:COUNCIL MINUTES - FEBRUARY. 25, 1997 feels that this is the right thing to do and he saw a crime and reported it. Mayor Pape explained that he can not ask people to get involved if he not willing to do the same. He stated that people should have the opporhuiity to vote on taxes and consider what they are williug to pay. Ae further stated that people want the right to vote and they should be given this opportunity while it can still make a difference. Mayor Pape called upon the City Manager for any comments he may have regarding tlus matter and then it will be open to the rest of Council. City Manager Molendyk noted that unless Council has any otlier questions, that what Mayor has reported regarding the subject meeting is correct. Councilwoman Brinley thanlced all the members of the Task Force Committee for their time and effort; and expressed her appreciation for their considerafion of where the City is at this time and for warking so hard to help the City go in the right direction for economic balance. She stressed the importance of libraries and parks to the children of the community and commented that the parks aze nothing like they were when she moved to Lake Elsinore. She noted all the improvements and growth of the parks and the activities they provide which keep the children aut of trouble and off the sYreets. She stated that she was pleased with the recommendation of the committee and stated that she will vote in favor of allowing the people to vote. She stressed the rights of the citizens. Councilwoinan Brinley addressed the statement made by the Mayor and stated that she was appalled with Councilman Alongi's conduct and the fact that he holds the community hostage. She indicated that he does not' have the right to choose and that he was elected to represent the community and not himself. She stated that the community needs to pull together and all spealc as one; and she feels sorry for someone who sets himself apart and considers himself above the law. Mayor Pro Tem Kelley thanked the Cominittee for their hard work and dedication over the last few weeks. She stated that they have had the opportunity to review the data and make their recommendations to Council. She furkher stated that'this is tlie first citizens committee the City has used and she appreciates that fact and hopes that they would meet again to go through the budget. She explained that she spoke with as many people as possible regarding their feelings towards this community and the services they would like to see; people that would oppose any tax; people that just plain oppose government; as well as people who felt that they could afford to be a little bit generous since their houses had been reassessed and they had experienced a reduction. She stated that she has spoken to those who think that libraries are not somethuig they would support and people who would not support parks. She noted that she has spoken to people with both positive and negative attitudes and agreed with Mr. McColley it is easyto criticize since that there is no accountability.in a criticism for a solution. Mayor Pro Tem Kelley stated that it is her job to weigh the options and make decisions PAGE SEVENTEEN - CITY COUNCIL MINUfiES - FEBRUARY 25, 1997 that are best for the entire community, which means what the majority of the voters in the City would support should be considered. She stated that the Lake, parks and library are her main concern and although no one wants to pay more taxes, the needs of the community must be met. She explained that it is impossible to please everyone, but the community must move forward. She noted that the spirit of Proposition 218 allows the voters to decide and she supports that right. She further noted her support of the recommendation of the Citizen's Committee and pledged her support to the ballot measure for the desired level of service in tUis community. She cited an article in a magazine wluch addressed the positive'side of Proposition 218 wluch stated that it provides and shapes better leaders. She stated that the magnitude of ttus decision and what has been considered this week with all the pressures have been incomprehensible. She expressed her agreement that Proposition 218 will make better leaders. Councilman Metze complimented the Citizen's Committee and apologized for the public comments made regarding the amount of information received, suggesting that it was not enough for a rational decision. He stated that it is a no win situation. He cotnmented on the fact that it surprises him that the State can take $4 million from the City and no one says anything. He stressed that this surprised him since the money was taken away from the City without a vote. He asked if anyone has considered that if pazks are closed and other services are stopped what it will do to future property values and revenue sources. He noted that it is always the same three or four people that complain about whatever the Council does and at each meeting it is the same persons. He addressed the Citizen's Committee and thanked them for their efforts and stressed his complete support. He concurred with having the Committee reassemble at budget time to do a check and balance. Councilman Alongi stated that he was not surprised about the Mayor's statement and will leave the discussion to Mr. Orr. He further stated that the Mayor has a unique way to editing what is said. He stated that he will proceed with his opinion of the Ba11ot Measure. He noted that the Senior Center will not be affected by this Ballot Measure because it is funded by CDBG monies until the nextbudget. He addressed Mr. Thomas' comments and stated that the RDA is over spending and questioned where were all these people when the City was doing that. Councilman Alongi stated that Proposition 218 was intended to be a 2/3rds vote, and the problem with the Ballot Measure presented tonight is that it is a general tax vote which does not hold future Council's accountable as to how the money is spent. He pointed out that the reason that the City is in the cturent position is because the people did not have the opportunity to vote on how the City's money was to be spent. He stated that he does appreciate the Committee, although he does not know how they were chosen. He stated however, that the letter that was presented from the SCJPIA is a scare tactic and questioned where the higher risk comes from and questioned the definition of maintenance with examples of what the definition might be. He stated that when he supported PAGE EIGHTEEN - CITY COUNCIL MINUTES - FEBRUARY, 25, 1997 the LLMD, the intent was to place lights in the community and to maintain some of the parks that were in existence, not the extravaganza that has been on going over the last several'years. He detailed the cost for field lights and stated that it should be on a user pays basis. He suggested cutting the water in half on the parks and cutting the amount of maintenance in half on the parks wluch would result in a substantial savings. Councilman Alongi stated that the City could easily keep some of the parks open by closing one or two in the City, but Council would have to be willing to make tough decisions. He noted that Proposition 218 was approved to give the right to decide what the funds will go for and with this Measure the people would be voting that the money could go anywhere. He noted the current use of the funds for bad debts wluch tlus City was not supposed to be responsible for, but to maintain our own credit rating we had to pay wluch shows that there was plenty of money available to keep the parks open if it had not been spent on other people's debt. Councilman Alongi stated that when the budget is discussed and cutting corners the Council needs to get into it and see what can be cut from the budget and go for it. He noted that there are funds available in the reserve and it is not necessary to go to the ballot in June, since the whole emphasis is parks and they could be maintained from reserves and kept open if this Council would be a Council and do it. He stated that it can be done by sitting down with the City Manager and going over the budget line by line and cutting from each possible source until there is enough to provide the necessary services. He explained that then Council can go to the November vote and ask for dollar allocations for Libraries, Senior Center, police, etc. He commented that the primary responsibility is public safety which should come from the General Fund and then w$at ever is left over can be allocated to other services. He further explained that he told the Mayor exactly what he felt about the Ballot Measure and he intends to back it up. He stated that scare tactics were used by saying that the pazks would be sold or transferred to other people; and the problem with this Council is that they try to take the easy way out. He eaplained that Council's job is not to secure employment, but rather to supply services for the money paid by the tax payer. He further stated that loss of jobs is a heart breaking situation but if it becomes necessary, then that is the action that will have to be faken. Councilman .~longi stated that he will discuss the problem with the Mayor later in court. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE REVENUE AND SERVICES 1'ASK FORCE RECOMMENDATIONS FOR r~N EMERGENCY ELECTION ON JUNE 3RD. City Manager Molendyk noted that there was a lot of information provided for staff and Council to consider however, tlie Task Force also included a recommendation to look at a Specizl Ta7c measure for the November General Election to address funding for the West End Fire Station. He asked for clarification from the Chairwoman. ' Chairwoman Hohenadl stated that although this is a very important issue, the PAGE NINETEEN - CITY COLTNCIL MINUTES - FEBRUARY 25, 1997 Task Force would like to see tlus brought up at a later date after this item is completed. Mayor Pape explained that the reason that tt-is is important to go to the ballot in June is to meet the requirements of the tax roll wluch has an August deadline. He furkher explained that if this issue waits until the November ballot the City will have missed their deadline and it will take approrcimately 18 months to generate the expected revenue into the City to support services. Mayor Pape called for a roll call vote in reverse order. THE FOREGOING MOTION WAS DENIED UPON THE FOLLOWING ROLL CALL VOTE: . AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: ALONGI Mayor Pape suggested reconsideration of this item in March. There was-general discussion in regazd to calendar dates to allow for reconsideration. Mayor Pape suggested Mazch 6th at 3:00 p.m. Councilman Alongi asked what happens if someone is missing from the meeting. City Attorney Harper indicated that the issue still needs a 5-0 vote for approval. 33. Discussion of C.D.B.G. Funding Allocation.(F;84.2) Mariana Mohylyn, 305 W. Sumner, indicated that she was not sure what was to be discussed under this item and would need more information to ponder. She noted that there are several ways to use these funds and indicated that thousands of dollars are being collected which are not necessary. She commented on a structure that is falling apart, being the Chimes and suggested use of the funds for national monuments such as this building. City Attomey Harper noted that in order to reallocate these funds a noticed public hearing would be necessary. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO TABLE THIS ITEM. 34. Consideration of Citv Council Appointment - R.C.H.C.A. and E.V.M.W.D. ~ PAGE TWENTY - CITY COUNCIL MINUTES - FEBRUARY-25, 1997 Reclaimed Water Task Force.(F:76.3)(X:164.2) Mariana Mohylyn, 305 W. Sumner, indicated that she was glad to be making up for times when she was not allowed to speak. She commented On the Revenue and Services Task Force, and suggested that the City has the upper hand in deciding who is responsible. She indicated that she would like to l~ow how it is decided who serves on the committee. She indicated that she has a petition signed to support her serving on a Task Force. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY iJNANIMOUS VOTE TO DENY THIS ITEM. ITEMS PULLED FROM THE CONSENT CALENDAR 8. Grading for the Snorts Town Site. (F:134.10) Councilman Alongi noted that the site does not eacist and the City does not have responsibility for the grading of the lot. He stated that he doesn't see why we are being asked to waive the fees. He explained that this entails taking 4,000 loads of dirt through the City. He further explained that the arrangement was made by the contractor, but the City is not involved in that action and he asked why the City is getting involved. He further noted that they were dumping junk on that site and covering it over and he doesn't see anything in the report that shows that they are going to dig it all up and then recompact it all over again. Councilman Alongi stated that it would not recompact well with a11 that junk on site and they should pay the fees and get on with it. Councilwoman Brinley questioned the clean up, compaction and leveling as required by the City with the waiver of fees which would benefit the City. City Manager Molendyk stated that it is his understanding that they will remove the debris and compact the soil. He noted the agreement with the Lehr°s and when this was first brought the matter to Council it was a much larger expense. He stated that he felt that compaction and free dirt would eliminate the problem. City Engineer O'Donnell stated that the Southwest Excavators must have an agreement with the Lehr Family for putting dirt on that property and they have to agree to all the conditions that the Lehr Fanuly put on them. He noted that one of the conditions is to clear the site and recompact any undocumented fill. Councilman Alongi stated that in the report the excavator has agreed to fund all incidental work required for the grading which includes soil testing, grade checking, water and providing an NOI from Regional Water Quality Control Boazd with a storm water pollution prevention plan. He asked where and how often are they going to do the soil testing and is there a plan submitted to PAGE TWENTY-ONE- CITY COUNCIL MINLJTES - FEBRUARY 25, 1997 the City which shows each area that they are going to do the soil testing. City Engineer O'Donnell stated that there is not as, the Soils Engineer will be on site and take tests as needed as the soil is brought on site. Councilman Alongi asked how he knows what is under there and are they going to dig it up and ascertain what is natural grade. City Engineer O'Donnell explained that the dirt did not come from the ball field, it came from fill which was dumped on that site illegally and that is what is going to be cleaned up and recompacted before they can start bringing any dirt in to start raising the site. Councilman Alongi noted that the report states that they will also prepare the site by compacting some areas and asked what is meant by some areas. City Engineer O'Donnell stated that not a11 areas have received undocumented fill, just some azeas and the Soils Engineer is aware of where those sites are. Councilman Alongi asked how much dirt was removed from that site for the ball field. City Engineer O'Donnell stated that he did not lrnow. Councilman Alongi stated that there is no information as to really how deep they went down. City Engineer O'Donnell stated that the Soils Engineer has that information which is included in the survey of existing grade of the site and what it was before work started. Councilman Alongi stated that the Staff Report states that Southwest Excavators has requested that the City waive the grading permit fee and bonding requirements for this grading; the grading fee would be $2,450 and the bonding requirements would be $32,000 bond with an $8,000 cash deposit; and the grading pernut fee for this parcel will be collected when this parcel is in the building stage of development. He asked if anyone has submitted any building plans. City Engineer O'Donnell stated that no one had submitted plans. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4-1 WITH ALONGI CASTING THE DISSENTING VOTE TO WAIVE THE GRADING FEE FOR THE SPORTS TOWN 5ITE AT THIS TIME. 9. Acceptance of Resignation of Citv Attorney. (F:40.1) Chris Hyland, 15191 Wavecrest, commented that she has never agreed 100% with City Attomey Harper, but noted an article in the Press Enterprise which made it sound like he was fired. She stressed that he resigned his position. She indicated that Mr. Harper has no reason to hide the facts of that case; and commented that the case went to City Hall and was suppressed to save face. She furkher indicated that there was bribery and deceit with agreements signed on the same day. She suggested that in replacing the City Attorney none from Los Angeles or Orange Counties be selected. She suggested that someone just out of law school for $70,000 be chosen. She furkher suggested that the City get a new City Manager at a rate of about $85,000; or reduce the current salary to that level. Nita Van Heest, concwred with the comments by Mrs. Hyland, and indicated that it would be in the`.best interest of the community to hire a City Attorney PAGE TWENTY-TWO - CITY COUNCIL MINUTES . from within this County. She suggested the possibility of hiring someone from within the community to circulate the money within the City. She noted that she does not understand why so much money has to go into Orange County. She indicated that we don't need any more cronyism. She suggested it would be in the City's best interest to accept resumes from local attomeys. Councilman Alongi indicated that he is sad to see Mr. Harper go, as he is like part of the family, and has been a great help to him, when he allowed him to be. He fiuther indicated that he will miss Mr. Harper, as he is a good man, a very conscientious person, and diflicult to replace. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOU5 VOTE TO ACCEPT THE RESIGNATION OF JOHN HARPER, EFFECTIVE JULY 1, 1997, AND AUTHORIZE STAFF TO INITIATE THE SEARCH FOR A REPLACEMENT CITY ATTORNEY. THE CITY COUNCIL MEETING WAS RECESSED AT 9:43 P.M. '~HE CITY COUNCIL MEETING RECONVENED AT 9:44 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris McColley, 29072 Palm View, indicated that she needed to clarify some misunderstandings. She indicated that with regard to the Task Force, some people appear to be underestimating the intelligence of the members. She clarified that they were not issued any propaganda or forced to decide anything they did not want to. She indicated that documents were requested and discussed and the consensus was the~r own unanimous recommendation. She noted the ~rony of the City being berated for not asking for citizen input; and when citizen input is requested some people are still critical. She stressed that the recommendation by the Task Force was to give the voters the right to choose, by placing the matter on the ballot. She further stressed that no one is tYying to deny anyone the right to vote. She thanked the fow Councilmember for their support and noted how distasteful it is to hear the constant criticism. She noted that some residents feel that the City is doing a wonderful job, but don't come forward very often to say so. Mariana Mohylyn, 305 W. Sumner, indicated that it is most important to protect the Y,a1ce and stressed the importance of clean water, not only for recreational uses, but for its beauty. She fiuther indicated that the Lake is keeping people here and if we are to ponder Reclaimed Water it needs a lot of thought. Chris Hyland, 15191 Wavecrest Drive, addressed Councilman Metze and indicated that citizens have a right to say anything they like, whenever they like. CITY MANAGER COMMENTS City Manager Molendyk thanked the Citizen's Task Farce for their efforts, and PAGE TWENTY-THREE - CITY COUNCIL MINUTES = thanked them for the time they have invested in the process. He stressed that he does not want to see their efforts be for not. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) Noted his program on Thursday which will feature Mazk Dennis who will give the second segment on Reclaimed Water and a gentleman who will address 218. 2) Stated lris appreciation of the committee, but felt that the City should have had a Town Hall Meeting. He explained that he felt that the total community was not represented since there was no one from Main Street, the Avenues, etc. and did not represent a cross section of the entire community He commented that he whole heartedly felt that City will have a rough time getting a 50% vote on this ballot in June. 3) Addressed the Mayor's comments and stated that he is done answering him and stated that he will get his work done in a place where he can't edit what was said. He expressed his surprise with the City Manager for taking part and will have a private discussion regarding this matter later. He stated that he doesn't fear anyone in this town and explained that what he does, he does because he feels that it is right. Ae invited them to take him to court. He indicated that the Mayor was as dumb as a broomstick. Councilman Metze commented on the following: 1) Stated that he was allowed to ha~e an opinion and felt that Councilman Alongi is a total and complete embarrassment to the community. He stated lus disappoinhnent that the citizens of the community were not given the right to vote. He invited the public to watch for the next couple of months, because it is all going to come out in the wash. Mayor Pro Tem Kelley commented on the following: 1) Addressed the citizens and the Citizens Committee and explained that whether each person agreed with the ballot measure or not, they should be outraged because they were denied the right to vote. She explained that Proposition 218 was passed to give the people the right to vote and now you just lost that right whether you supported the measure or not, doesn't matter because you will not get the chance to vote. She encouraged each citizen to lrnock on doors and write letters in protest. She again stressed that there would be no chance to express their opinion because of one man. She asked the audience to imagine what would happen if in other council's across this State they had one person who said give me what I demand or I'm going to vote against you. Imagine the type of activities this would open up. She PAGE TWENTY-FOUR - CITY COUNCIL MINUTES questioned how many people were going to be deprived of the right to vote on this issue. Councilwoman Brinley commented on the following: 1) Thanked the committee for their hard work and efforts and apologized that there are a few people in the community without the foresight to see beyond the end of their noses. She noted that the cominittee has done a worthwhile thing and she would like to see them stay together. She further noted an article in a magazine which addressed "Keeping the Citizens Informed" which suggests that the City should h~eat the residents as consumers and suggested that the committee use some of their suggestions. She stated that the Committee and Council should keep this idea in mind for the future. 2) Agreed with Mayor Pro Tem Kelley that what occurred this evening was outrageous. She noted that one man will not allow an issue to go to a vote of the people and this is the same man that was found guilty by the FPPC and is under investigation by the District Attorney. She stated that he would not have had to file an appeal if he were not found guilty in the first place and she felt that tlus indicates that he does not care about the community, but wants what suits himself and his family. She explained that he was elected to serve the community and then his action is to deny them the right to vote, she felt that tlus is not service to the community, but rather a denial of their rights and indicates that he speaks out of both sides of his mouth. Councilwoman Brinley stated that when this issue is taken to a Special Council Meeting in March that the citizens write letters to Councilman Alongi stressing how they feel about this issue and noted that this action is being taken all over the State of California. She further stated that Councilman Alongi tries to discredit others and noted the action of Council in theu attempt to make the City's financial future a little more firm and eaplained that Council does not want to see the City go into foreclosure, be banlcrupt or go down hill, but rather theu actions have been to preserve the City and the lifestyle that each citizen is used to living. She fuither stated that it is sad that Councilman Alongi and his followers don't want to work with Council to resolve problems, but would take great delight in saying "I told you so" to see the City fail. She asked the people that get up and criticize the Council what positive things have done in support of this community. She stated that theu sole purpose is to attend Council Meetings in order to criticize and make negative statements, then run back and hide. She stated that if they were going to complain then they need to support some issues as well. She expressed her sadness that the community doesn't have a chance to say what they want the City to do. 3) Addressed Kevin Jeffries and asked when the roads will be done, and asked if they would be left in the condirion that they are in at ttus time. She suggested that Mr. Jeffries fa~c information in regard to when the project would be done and stated that she hoped what she sees at this time is not the final result. Mayor Pape commented on the following: PAGE TWENTY-FIVE - CITY COLTNCIL MINUTES 1) Addressed comments regarding USA Properties and stated that hiding the judgement would be like hiding a bull in a china shop, especially with the grading that is going along next to the freeway. 2) Noted the comment regarding the management of the City of Perris and explained that they have had four city managers in the last four years and it is probably something that they are real proud of and something that others should not emulate. 3) Thanked the committee for theu efforts and encouraged letters, phone calls and faxes to encourage support of the Ballot Measure. He stated that maybe if there is enough response there would be a 5-0 vote to allow people to make their own decisions. He stated that in this case the citizens end up being the looser when they are not given an opportunity to vote. He stated that Proposition 218 will ha~e an effect on a lot of cities and can impact properly values around the State. He noted that people will look at the services that are available in a City when they are considering buying, and this may have an impact on the interest in a community and as a result on the properly values. CLOSED SESSION a. Potential Litigation - L.E.R.A. b. Pending Litigation - Spectrum Group. Tf~ CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:05 P.M. TI~ CITY COUNCIL MEETING RECONVENED AT 10:40 P.M. NO ACTION TAKEN. ADJOURNMENT THE REGULAR CITY COUNCIL ME ING WAS ADJOURNED AT 10:41 P.M. Gt1 KEVIN W. P E, MAYOR CITY OF LAKE ELSINORE 1~` .y ~ES'i : ~ ~~ VIC~:I K~~,"D, CITY CLERK ~ JTY ~i~ L~~,KE ELSINORE