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HomeMy WebLinkAbout05-13-1997 Adjourned City Council MinutesMINUTES ADJOURNED REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, MAY 15, 1997 (DUE TO LACK OF A QUORUM ON MAY 13,1997, THIS MEETING WAS ADJOURNED TO MAY 15, 1997 AND HELD AT THAT TIME.) *~**~*~*~~~*******~**~***,~**~*,~**~~**,~~*,~~**~***~~~*~**~~,~*~***~*** CALL TO ORDER The Adjourned Regular City Council Meeting was called to order by Mayor Pape at 7:05 p.m. PLEDGE OF ALLE IANC'E The Pledge of Allegiance was led by Mayor Pro Tem Kelley. INVOCATION a. The Invocation was provided by Pastor Bob Fields representing First Presbyterian Church. ROLL CALL PRESENT: BOARDMEMBERS: ALONGI, BRINLEY, KELLEY, PAPE ABSENT: BOARDMEMBERS: METZE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Communfty Services Director Sapp, Police Chief Walsh, Assistant to the City Manager Best, City Engineer O'Donnell and Community Services Manager Edelbrock and City Clerk Kasad. PRESENTATION a. Presentation - Nei~t-borhood Pride Awazds. (F:56.1) Community Services Manager Edelbrock explained the Neighborhood Pride Awards Program, including the sponsorship, categories evaluated and the intent of the program. Mark Dennis, representing Elsinore Valley Municipal Water District, explained the DistricYs participation in this program and noted the positive factors on which the program was founded, particularly Water Conservation. PAGE TWO - CITY COUNCIL MINUTES - MAY 15, 1997 Community Services Manager Edelbrock detailed the prizes for the winners and announced the winners in the Hardscape, Mixed Use and Water Efficiency categories. She then presented the Grand Prize to Rosemary Riddle, a resident of Wayfazer Lane. Ms. Riddle expressed her surprise and appreciation for this recognition. Ms. Edelbrock thanked all of the participants for their efforts. Mr. Dennis recognized the judges who participated in the Program and presented Certificates of Appreciation to those present. He noted that the photographs of the wnmuig homes are displayed this evening. b. Presentation - Re~ort on Crew Team. (F:142.1) Representative was not present. c. Assembly Bi11926 (F:96.1)(X:92.1) City Manager Molendyk noted a news article this morning and the headlines given the article. He indicated that the article itself was reflective of the meeting and noted the success of the visit. He detailed the meetings and visits to Assembly Member Offices, and noted the materials and information provided to them. He fiuther noted that they received compliments for taking the time to go to Sacramento and explain the need for funding for the Lake. He explained the process for this type of request and clarified that any request over $150,000 go on a suspense list. He noted that the Council and Staff will be called back later in the month to work further on the allocation. He advised that overall they met with a total of 21 Assembly offices in two days. He noted that Mayor Pape and Mr. Miller from Assemblyman Thompson's Office went to Budget Committee meeting while Redevelopment Agency Chairwoman Brinley and himself went to the individual offices of the Budget Appropriations Committee. He noted that the process is very time consuming, but a very interesting process. He commented that they were also able to participate in part of The Va11ey Group's annual visit to Sacramento and meet with Governor Wilson. He indicated that priorities for Riverside County and crime issues were discussed. He commented that progress was made and key people are now aware of progress on the Lake. He stressed the competitive nature of the process. d. Presentation - A A R P- Loca1 Cha~ter pdate. (F:108.1) Representative was not present. e. Presentation - Chamber of Commerce Monthly Report. (F:108.4) Representative was not present.. PAGE THREE - CITY COUNCIL MINUTES - MAY 15, 1997 f. City Reven e& taffir-e. (F:30.1)(X:72.2) Assistant to the City Manager Best detailed the 1989 population of Lake Elsinore and explained the differences between services provided then and services provided today. She detailed the populadon and employee counts from 1989 to 1996. She further detailed the general fund cuts to employees and related services, such as the Banner Program, economic development funds, Code Enforcement reductions, police service reductions and most special events. PUBLI OMMENT A("F~I ED ITEM Requests were received to address the following items and deferred to those discussions: Item Nos. 33 and 34. CONSENT CALENDAR ITEM The following items were pulled from the Consent Calendar for fiuther discussion and consideration: Item Nos. 5, 6, 8 and 9. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - Apri122, 1997. (F:44.4) The following Minutes were received and ordered filed: ' b. Special Planning Commission Meeting - Mazch 26, 1997. c. Planning Commission Meeting - Apri12, 1997. d. Planniug Commission Meeting - Apri116, 1997. (F:60.3) e. Special Design Review Committee Meeting - March 26, 1997. f. Design Review Cominittee Meeting - April 2, 1997. g. Design Review Committee Meeting - April 16, 1997. h. Special Design Review Committee Meeting - Apri116, 1997. (F:60.4) PAGE FOUR - CITY COiTNCIL MINUTES - MAY 15, 1997 2. Ratified Warrant List for Apri130, 1997. (F:12.3) 3. Received and ordered filed the Investment Report for March, 1997. (F:12.5) 4. Rejected and refened to Claims Aduiiuistrator for handling, the Claims Against the City submitted by Clay Masterman (CL #97-5); Sabrina Alfred (CL #97-7) and Amika S. Scoggins (CL #97-8). (F:52.2) 7. Adopted Resolution Nos. 97-21 through 97- 23 relating to the City Wide Lighting and Landscape Maintenance District - Fiscal Year 1997-98. (F22.2) RESOLUTION NO. 97-21 A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. RESOLUTION NO. 97-22 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 1997-98 IN THE DISTRICT WITHIN 5AID CITY, RESOLUTION NO. 97-23 A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTIONS OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON. PUBLIC HEARINGS None. ~USINESS ITEMS 31. GT Sports - Jet Ski Event. (F:62.1) City Manager Molendyk highlighted this event and detailed the dates, locations and participants; and advised that the group has met all PAGE FIVE - CITY COUNCIL MINUTES - MAY 15, 1997 requirements for safety and paid all application fees. Councilman Alongi inquired whether they would be launching from the City beach or the boat launch. Community Services Manager Edelbrock indicated that the smaller vessels will be launched from the beach and larger from the launch. Councilman Alongi inquired whether this event would be shutting down the Lake. Ms. Edelbrock indicated that it would not, and would actually utilize less area than the water ski races. . ~ .,._ _ . MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE SPECIAL EVENT APPLICATION FROM CT SPORTS TO HOLD A JET SHI EVENT ON JUNE 14 AND 15, 1997. 32. Final A~roval of Taac Refundin~; Bonds CFD 88-3 and Approval of the Issuance of Local Revenue Bonds - Resolution No. 97-24. (F22.3)(X:126.5) City Manager Molendyk requested that tlus item be continued to the meeting of May 27, 1997. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO MAY 27, 1997. 33. Discussion of Televised City Council Meeting~. (F:44.1) City Manager Molendyk advised that Continental Cablevision General Manager Smith had requested that this item be continued. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE TAIS ITEM TO MAY 27, 1997. 34. 1997-98 Budget Reductions and Facility Closures. (F:30.1) City Manager Molendyk gave an overview of the losses the City has experienced and noted the passage of Proposition 218 and the impacts on City's service levels. He explained the findings of the Revenue and Services Task Force Committee regarding Ballot Measure BB, and noted that the item before City Council is not being presented to threaten people nor give misinformation. He explained that because of the revenue sources drying up the parks would have to be closed, effective July l, 1997. City Manager Molendyk noted the letter sent to the City from the Joint Powers Insurance Authority which indicates that the pazks have to be closed and fenced because the City can not assume the liability for that type of public exposure. He explained that if the measure does not pass on June 3rd, staff would have to take action to protect the City from liability. He further explained the time delay for receipt of monies if this issue were to go on the November ballot. Ae ga~e an overview of the necessary acrions and budget reductions that PAGE SIX - CITY COiTNCIL MINUTES - MAY 15, 1997 must be made if Measure BB does not pass. He commented on the joint uses with the School District and noted that it addresses two parks out of nine, and since the School District does not have the funds to maintain the parks Superintendent Long has authorized the City, if Measure BB fails, to fence off those two pazks. City Manager Molendyk explained the request to authorize public notice of park closures and noted that in order to get the information to the public, staff felt that it would be best to post signage for public information, regarding the closwe of the parks at each site, should Measure BB fail. He stated that if the Measure does not pass, then the parks will start to be placed in mothballs and the process will be complete by July 1 st. Fie gave an overview of the cost of fencing and closure of parks which will be directed by the JPIA. He emphasized that the information received from Staff and the Task Force Committee is accurate. Mariana Mohylyn, 305 W. Sumner, questioned the right of the City to fence the public parks and stated that she was in opposition to this acrion. She felt that the land belonged to the public and should be utilized by the children. Chris Hyland, 15191 Wavecrest Drive, noted an article in the Californian Newspaper in which the City threatened to close the parks and the Community Center. She cited the cost of fencing and signs and compared it to the City Manager's wages. She noted that there is no money for the parks, yet the City can pay for signs and trips to Sacramento. She made note of the amount of money it takes to maintain the City Manager's office and noted that if the City Manager's office were eliminated, then there would be money for parks. She asked the public to vote no on Measure BB. Councilwoman Brinley asked the City Attorney about the verbiage on the signs that would be posted. City Attorney Harper explained that the City is precluded from spending money to support or oppose a ballot measure of any kind, including one that affects the City, however a City is not precluded from spending money to provide information which means the potential consequences of the passage or failure without the endorsement of vote yes or vote no. He further explained that the signs, regardless of the language, essentially state that as advance notice, in the event of funding losses or the failure of Measure BB, the parks will be closed. City Attomey Harper stated that it is under the assumption that the City Council has in fact made that decision. He noted that the key to this issue is that the City Council has not made that decision and once the Council has made it's decision on how to react in the event that the additional funds will not be available, the Council is legally free to provide the information that they deem appropriate. Mayor Pape stated that he does not understand why the signs would be an issue since he felt that most people would want to know what will occur so they can do some planning. He cited the closure of a freeway off-ramp and that the public takes steps accordingly and that this would be no different. He noted that if plans need to be made for family occasions, this could help people make future plans. He noted that this would eliminate surprise. He stated that this will make people aware of what may occur. PAGE SEVEN - CITY COI7NCIL MINUTES - MAY 15, 1997 City Attomey Harper noted that he has even had the question posed to him as to what the City will do about the Fourth of July and if the pazks would be available or not. Councilwoman Brinley noted the Little League and the impact it has had on the entire district. She explained that they don't know where or if any parks will be open anywhere in the State. She stated that tlus is not the only City that has this issue on the ballot for June 3rd. She further noted that this is not something that the Council is trying to hide or address behind closed doors, as they have tried to let the public lrnow about the facts. She cautioned the public to be careful since there has been a lot of misinformation released to the public and noted that this measure has nothing to do with swimmuig in the Lake or the Diamond Stadium. 5he further noted that the money can only be spent the way it appears on the ballot. Councilwoman Brinley stated that the money from Measure BB will be monitored by the Citizens Task Force and a statement of the expenditure of funds will be provided to all the citizens around October of each year to inform them of the expenditures of the money. She pointed out that there is nothing that being concealed from the public. She encouraged the citizens to take the time and call City Hall to get the correct information. She emphasized that not a dime of the money will be spent in any other way than what it was designated for. Mayor Pape clarified that the library fund can only be spent from the library fund for library services. He stated that the trip to Sacramento was money well spent in order to promote the efforts to restore money to the La1ce. He noted that Assemblyman Bruce Thompson encouraged the City to present their concerns to the Appropriations Conunittee and let them know just how unportant the La1ce is to the community. He stated that they received a very favorable response to the request and now the Committee will address the e~penditure of the State funds. He addressed an arkicle from the Californian Newspaper on May 1 st, wluch stated that the City was trying to intimidate the public through threats and scare tactics to pass Measure BB. He explained that in reality what Council is hying to do is educate the people and give both sides of the issue and they will have to make up theu own minds. I-Ie stated that there are definite impacts from a yes or a no vote and people need to be made aware of what those consequences are. Mayor Pape noted the different items that appear on property tas bills and the amount that belongs to the City. He addressed the contracts at the Stadium and asked the City Attomey if the City would be able to defend its action if the Stadium were closed. City Attorney Harper stated that in his opinion it would cost a lot more in a combination of attomey's fees and damages awards to close the Stadium, than to continue to live out the contract. Mayor Pape asked if there was any chance that the City would be able to defend that. City Attorney Harper stated there was not. Mayor Pape addressed the ownership of the land and Stadium and noted that the City holds title insurance and has acquired a loan and this could not be done if the City did not own the Stadium and land. He addressed the City Manager's salary and stated that it is ludicrous to attack his salary when he is retiring. He noted that the most blatant lie, is that the money will go into the General Fund and pay for wlute PAGE EIGHT - CITY COUNCIL MINUTES - MAY 15,1997 elephants and will not go in the parks nor the Senior Center or any other services. He explained that statement is not true and if the public will look at theu ballot, it specifies where the money must be spent. He noted that this Council or any other Council must abide by that. Mayor Pape cited a flier that encourages people to "vote no on Measure BB" which is more of a personal attack on him and corrected the misinformation that appears on the flier. He noted that Business License Fees will be going to the November ballot. He addressed the subject of money addressed in the flier and how much is required to support the parks and Community Center. He explained that if there is a reduction in revenue, then there is a reduction in services. City Manager Molendyk explained Proposition 13 and the impact that it had on cities when it passed. He made note of Proposition 4 which was a State mandate to run the City like a business, which means user pays. He stated that parks and recreation is really a service that has been taken for granted and should be paid for by the user. He explained the current staffing level and what will occur if Measure BB does not pass. He stated that he is not taking a position, but rather providing information to the publia Ae pointed out that the information the people have been receiving from the public is tweaked and does not give the whole or hue picture. He noted that the Citizens Committee has tried to educate the public that if the parks are not funded and they are closed on July lst; then the City looses about a year and during that year the sprinklers will not function and the landscaping will die- o~, and should that be the case it will cost at least an extra million dollars. Mayor Pro Tem Kelley stated that this issue is hard to deal with and that closing the pazks, laying off eleven employees and downgrading services is catastrophic to the City and a tragedy for everyone that lives here. She commented that as strong a supporter of youth sports that she has been and still is, this has been an especially hard decision for her. She stated that the money is not in the budget and is not hidden in some account; and pointed out that they have been told by their critics that they don't have the money, although they have changed theu minds, there is no money. She stated that this is not just a Proposition 218 measure, it is to replace services lost over the last several years and equates to the quality of services that the voter wants to see in their community. She stated that she has worked hard to see Measure BB pass because she does not want to see the parks fenced and properiy values drop for all the property owners in the community. She noted that whichever way the voters choose to vote, they need to be educated about the right facts and go to the polls with the correct informarion. Mayor Pro Tem Kelley stated that the messengers of the incorrect information need to bear some of the responsibility if Measure BB does not pass. She noted that she has had several repeat questions and will try to answer them at the table. She explained that the Graffiti Removal Program is part of the City's park maintenance fund and will be cut. She stated that the Senior Center was funded by a grant this year and there is no guarantee that the Federal grant dollars will be there next year so this program may be cut as well, however Measure BB does guarantee that the progcam will continue. She fiuther stated that the money obtained from Measure BB does not address new PAGE NINE - CITY COUNCIL MINUTES - MAY 15, 1997 programs, but insures existing programs or programs that have been recently cut. She explained the current Lighting and Landscaping District that continues and how that functions. She explained Mello-Rose and noted that it is not a ta~c, but rather a development mechanism to provide infrashucture and does not provide for the maintenance of the parks. She stated that one of the most misunderstood facts is that the money will go in the General Fund and that is totally incorrect. She further explained that the money can only be spent as it has been designated on the ballot and cannot be spent in any other way and explained the percentage spread. She stated that there is no easy way out, and the decisions must be made. Mayor Pro Tem Kelley stated that she supports the ballot measure and encouraged the voting public to educate themselves. She stated that she feels that Council must pursue this matter and post the parks to allow the people to laiow what could happen. She explained that she does not want anyone to come before her after June 3rd, if Measure BB does not pass and tell her that they didn't know what was going to happen. She further explained that the money for the Library Study came from left-over Proposition 85 dollars. She noted that the City petitioned the County for the dollars and was granted the money for the Study and did not come from the Ge~ieral Fund. She noted that the result of those studies is that Temecula, Murrieta and Lake Elsinore could not operate a library individually and the only way to do it would be to form a Library Service District and share the cost in a partnerslup. Mayor Pro Tem Kelley explained that the Study was not to tell us that Lake Elsinore could not support a library, the City already knew that, but rather how best to approach the problem and answer the needs in a Valley wide effort. She fiuther explained that the Study suggested that the three ciries wait and see what the County decides prior to making a decision. She noted that should the County not provide the services the cities desue, then the mechanism is in place to develop a Library District to meet our needs. She stated that she felt that the Study was well worth the money to inform all the City Councils of their options. Councilman Alongi stated that he is going to hy to keep clear of supporting or not supporting Measwe BB. He stated that the Council appointed the committee and there is no minute action nor public action taken by the Council, so therefore there must have been a Brown Act violation. He stated that it was not a cross section of the community, since there was not one member of the committee that came from the old Downtown section. He noted that most of the members came from Tuscany Hills and the business community. Councilman Alongi stated that principle has nothing to do with voting on an issue and the issue is whether the item is right or wrong and principle takes a back seat. He explained that it is a true statement that the funds cannot be used for anything other than what they are listed for, however there is no exact amount called out for each item, be it parks or the Lake. He addressed letters from Mr. Joel Fox, of the Jarvis Committee, and stated that they do not support Measure BB, however they do agree with the 2/3rds vote. He noted that the letterspointed out the Jarvis ~ommittee does not endorse Measure BB, but rather their job is to protect the voters and taxpayers and their rights. He stated that he is going to operate on Council the way the citizens of the City tell him to and placing the signs at the parks prior to a PAGE TEN - CITY COUNCIL MINUTES - MAY 15, 1997 decision is not information, but rather a threat. Councilman Alongi stated that the Council has never sat down and reviewed the budget and made a review to see what could actually be cut to a11ow for the pazks to remain open. He noted that if the parks were important to the community he questioned why all the other items were included on the ballot. He stated that he felt what should have been done was to get the parks approved and then return in November to address the other issues. He stated that he felt that Council did not spend enough time deciding what the public really wanted and he felt that it was a rush dea1. Councilwoman Brinley stated that she did not feel that anyone felt the Jarvis Committee made an endorsement, but rather that the City met their criteria for the ballot and followed the spirit of Proposition 218. She further stated that Council did review the budget as well as using a consultant to advise the City on proper financial steps that must be taken. She noted that there were three options placed before the Council and a decision was made that if the Measure did not pass, the City would have to do layoffs and close the parks. She stated that the Council did not want to take any action until the citizens made a decision on the quality of service they desire. She restated that Council did study the issues and had professional people give options and Council reached their decision from that professional advise. She explained that Council must make the hard choices to assist in leading the City out of the red and into the black. She further explained that no one sitting on Council wants to commit political suicide by closing the parks, but the decision must be made. She commented on the attitudes of some of the public who expressed support for the Measure, if the library was eliminated and there was a 2/3rds vote; but now they have changed their minds. She questioned theu responsibility to the community and stated that the Council does know their responsibility and will live up to the hard decisions that may have to be made. Councilman Alongi stated that if Measure BB does not pass there will still be a two million dollaz reserve; and if the Council wishes to give the right information out, they should give it all out and not just pick out parts to give to the community. He noted that with the suggested cuts there will be money in the budget reserve and stated that the City should not have money in their pockets when there are bills to be paid and the parks need to be kept open until November. He questioned Councilwoman Brinley's statements as the Chairwoman of the Redevelopment Agency and indicated that she should have a better grasp of what the City does and does not have. He suggested that the public check the budget for themselves and make theu decisions based on what they believe. City Manager Molendyk explained that the City receives funds only fow times a year and the reserves operate in three functions. One, to give a cash flow to meet payroll and debt during the year at times when there is no cash flow from the State or County; Two, provisions for a major disaster and the City's responsibility in that role; and Three, for good financial planing. He stated that the reserves main function is to be set aside for emergencies and PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 15, 1997 not operations. Mayor Pape asked Administrative Services Director Boone how it would affect the ability to continue with the restructuring of debt and get the finances squared away if the City spent half of its reserves. Administrative Services D'uector Boone stated the City made a commitment to the financial team that the City would balance the budget in all funds prior to restructuring the Sumitomo Bond debt and that has been done; and because of the commihnent that the City has made, it is important to stick to that plan. Mayor Pape asked if we stick to that plan at the end of the budget year what amount would the City have in reserve. Administrative Services Director Boone stated that there would be approximately $1,500,000. Mayor Pape thanked Mr. Boone for this information. Councilman Alongi objected to not being allowed to question Mr. Boone further. He asked Mr. Boone if the reserves that the Bond Counselors requested was $2,000,000. Admuustrative Services Director Boone stated that the staff estimated that there would be $2,000,000 at the end of the budget year which was predicated on no bond payments on the Sumitomo debt; however the City did spend approacimately $500,000 prior to getting the debt refinanced. Councilman Alongi asked that if the City were to take $300,000 from the $1,500,000, whether it would jeopardize the City's position. Admuustrative Services D'uector Boone stated that given the situation, it would. He noted that the City's Redevelopment Agency is still upside down by $800,000 and there is still one year left on the team lease at the Stadium; and it will need to be funded at the current level of $1,400,000. Councilman Alongi stated that it is sad that staff cannot answer questions fully without fear of loosing their jobs. He cautioned the public to be very careful when voting on this issue, since he does not feel that they are really being told what is going on. Councilwoman Brinley asked Mr. Boone if he was in fear of loosing his job. Adminish~ative Services Director Boone stated that he did not. MOVED BY BRINLEY, SECONDED BY KELLEY AND APPROVED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE STAFF RECOMMENDATIONS AS FOLLOW: 1. Approved Budget and personnel reductions for 1997-98. 2. Directed closure of parks to eliminate City Liability in compliance with JPIA requirements. Funds for closure to come from balance of LLMD funds or General Fund reserves. 3. Authorized Public Nohce of Park Closures. 4. Authorized contract for $105,869.50 to Landmark Fence to install chain link fence in all City parks and purchase of signs in the amount of $7,262.00 and include a combined ($113,131.50) 20% PAGE TWELVE - CITY COUNCIL MINUTES - MAY 15,1997 contingency in the amount of $22,650.00 for closure of all City parks. ITEMS PULLED FROM CONSENT CALENDAR Resolution No. 97-19 of Intention to Vacate Campus Wav and Various Alleys located within the Elsinore Middle School Campus. (F:10.1) Councilman Alongi requested clarification or a map depicting what is to be closed off; and questioned whether this action would interfere with the alley. City Engineer O'Donnell noted the map in the agenda packet and clarified the areas to be vacated. He further noted that these issues were identified as part of the upcoming remodeling, and noted that most of the areas already have buildings on them MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97-19 INITIATING THE VACATION PROCEEDINGS AND SETTING THE PUBLIC HEARING FOR JUNE 10, 1997. 6. Lakeshore Drive Widening: Main Street to 600' bevond the entrance to Lakepoint Park - Resolution No. 97-20. (F:156.2) Councilman Alongi left the dias to address the Council, noting that he owns property in ttus location. He noted that the people at the Senior Center, the Village and High Street have waited a long tune for this improvement. He thanked staff for putting tlus project together. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 3 TO 0 WITH ALONGI ABSTAINING AND METZE ABSENT TO ADOPT RESOLUTION NO. 97-20 APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 012 TO THE LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5074; AND DIRECTED EXECUTION OF THE AGREEMENT. 8. Use of Proper~y for Tempo~ Parkin,~ - Bellehuemer. (F:92.5)(X:68.1) Councilman Alongi noted that is part of the properiy used for the old boat launch; and indicated that it will be good to have this arrangement for the new boat launch. He fwther noted that the weed abatement will be a cheap trade off. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE STAFF TO ENTER INTO A SHORT TERM AGREEMENT WITH MR. BELLEHUEMER FOR THE USE OF THE PROPERTY AS IDENTIFIED AT A COST NOT TO EXCEED THE EXPENSES FOR WEED ABATEMENT AND TRASH CLEAN UP. PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 15, 1997 9. Patrol Boat Grant Applicarion Apnroval for De~artment of Boating and VVaterwa~s. (F:92.1)(X:84.1) Councilman Alongi requested clarification that the registered owner would not be the City. City Attorney Harper explained that the City will be the registered owner, but the legal ownership remains with the Department of Boating and Waterways. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONTRACT WITH THE STATE DEPARTMENT OF BOATING AND WATERWAYS TO FUND $40,000 FOR THE PURCHASE OF A NEW PATROL BOAT AND TRAILER; AUTI-IORIZE EXECUTION OF THE AGREEMENT; AND DIRECT STAFF TO DEVELOP AND SUBMIT VESSEL SPECIFICATIONS AND BID DOCUMENTS. THE CITY COUNCIL MEETING WAS RECESSED AT 8:51 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:53 P.M. ~BLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, indicated that based on the first amendment she has the right to her own opinion and to defend her character. She noted comments by members of the Revenue and Services Task Force and questioned where they got the power to fence parks and suggested that the facts get straight before making accusations. She stressed that the Committee has no right to say the parks will be closed. She noted the support for Measure BB received from the Chamber of Commerce and AARP and indicated that the representarives are not residents of the City of Lake Elsinore. Mary Venerable, member of task force and concemed citizen of the community. addressed untruths about Measure BB. She noted that in her comments at the Town Ha11 Meeting she did not identify the person who left the room. She further noted comments taht the Task Force was a select group of hand picked residents and indicated that she was asked to serve on the Task Force even though she is not a resident, as she is concerned for the City as a business and property owner. She noted that Mrs. Hyland again left the meeting. She indicated that the Task Force was a cross section of the Community and not a special interest group. She stressed that the Task Force did not serve as "pawns" or keep the information behind "closed doors". She noted that press conferences were held and the information was disseminated to the publia She encouraged a yes vote on Measure BB. Chris McColley, chairperson of the Yes on BB committee, provided an update on upcoming activities and presentations of Visions and Views on Channel3. She indicated that there has been much positive response and more literature will be coming through the mail. She stressed the importance of reviewing the facts and voting; and noted that more informatio~ is available by calling 674-0788 or 674- PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 15, 1997 3124 ext. 209. She emphasized that this situation is not unique to Lake Elsinore and noted similaz measures in Temecula, Murrieta and other communities. She thanked the citizens and volunteers for their support efforts, and noted that no City dollars were used for ttus campaign. She stressed the requirement for 2/3rds voter approval on June 3rd and encouraged a Yes vote on Measure BB. Jack McColley, 29072 Palm View, noted the June 3rd election for a decision on Measure BB. He stressed the need to obtain real facts and figures and determine whether tlus is a viable plan for the voters. He noted that the proponents have been accused of scare tactics, but the information being provided is a matter of fact. He stressed that staff and services have already been cut to the bone; and indicated that cities have no legal requirement to provide parks. He noted a new mailer from the CANT group which discusses government extortion and reiterated that the park closures are not a scaze tactic or threat. He fiuther noted that the CANT group has not even proposed a bandaid solution. He stressed that the real threat is a loss of services to the Community. He encouraged citizens to educate themselves; and stressed that the money can only be used as allocated in the measure. He further stressed the need for a 2/3rds vote to pass Measure BB. John Del Regno noted that put on the football game on January l lth at the Diamond and requested assistance from the Council. He indicated that he needs quick action to hold football games at the Stadium again. He further indicated that he would like to hold the firsY game on September 20th and noted his need for assistance to move the process quickly to allow for promotion of the games. He explained that he is working with a minor league professional football team. Ae stressed the time constraints to allow for proper preparation and advertisement and requested that the Council direct staffto move quickly on tlus matter. Mariana Mohylyn, 305 W. Sumner, commented on American government and control of peoples' lives and decision making. She addressed taxes, fines, assessments, etc.; and noted the right of the voting public to vote. She questioned whether the Council did the right thing with Proposition 218 and indicated that they should have waited until November to take action. She opposed Measure BB. ~I'L'~' MANAGER COMMENTS No Comments. ~ITY COUNCIL COMMENTS Councilman Alongi commented on the following: Agreed that it was necessary for the Mayor to go to Sacramento to try and get money for the Lake. He explained that it is necessary to try and get any money we can to improve the Lake. He noted that the problem that he did have with the trip to Sacramento was the fact that the issue was a City problem and the money was taken from the City of Lake Elsinore and not the RDA and the RDA had no approval to attend that meeting up in Sacramento. He stated that he felt that was a misuse PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 15, 1997 of the tax payers funds and it should have been the Mayor and City Manager since they were requested to be there, however if a third person was to attend, it should have been our biologist that we retain since he could ha~e addressed the technical issues regarding the Lake and what it will take to clean it. He fiuther noted that Mrs. Brinley has no experience in regard to that issue and the Council and RDA did not approve the trip for her to attend. He asked if this means that any member of Council can walk into the City Managers office and ask him to purchase a ticket and pay expenses to go before the legislarion in Sacramento. He noted that is what took place. He stated that he felt that Mrs. Brinley should reimburse the City of Lake Elsinore for the funds that she spent there. 2. Gave a reminder to the public about the Teddy Bear Program at the Sheriffs Deparkment and encouraged them to support this program either through contributions or teddy bears. 3. Mentioned the Grand Prix and encouraged the public to attend. He noted the fim that Council had last year and hoped that they would be participating again this,year. Mayor Pro Tem Kelley commented on the following: 1'. Thanked all the citizens that have hosted coffees in thier homes and the Council that attended that relayed information. 2. Observed that the citizens that attended the Town Hall Meetings and coffees asked really good questions and showed awareness of the issues and were eager for information. She noted that the one thu-g that she learned is that overall the citizens were very upset and tued of the negative gossip that has been spread about our City. She stated that the general feeling is one of wanting to see our City become a better place and a feeling of City improvement and not loss; a City that will grow and develop into a wonderful place for youth and seniors and fanulies. She noted that Proposition will force us to have better leaders. She further noted that the people she met were very enthusiastic and they moved to Lake Elsinore because they love it and they want to see the City go forward. She explained that they don't want to see the fences azound the parks and the City going backwards. They are very distressed about the continuing negative attitude from people when they watch Council Meetings or when they get mailers. She noted that the people want positive leaders and neighbors who aze willing to work for solutions and answers. She encouraged people to use common sense. Councilwoman Brinley commented on the following: L Also thanked the people who hosted coffees in their homes and all the people who attended the Town Hall Meetings and their willingness to PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 15, 1997 shaze information and opinions. She stated that ttus is a way to keep the channels of communication open. 2. Encouraged people to watch Vision and Views. She stated that it is on every Monday night at 7:30 p.m. 3. She stated that it was an experience and privilege to serve the City in Sacramento as the RDA Chairwoman. She explained that she felt that it is extremely important that she and the Mayor attend a11 the meetings. She noted that the Mayor addressed the quality of life in the City and she addressed the tone of the developers in the City. She noted that the Lake affects both entities in regard to the financial health and quality of life in the City. She fiuther explained that it was with that objective that they approached legislature to plead for money to address our problems. She noted that they had a book to present that gave a complete overview of the different problems that our City faces with the Lake and this was present to each person that they approached. She explained how they approached each office and provided information in regard to the fish kills and the problems that this situation generates. She stated that each ofl"ice was receptive to our problems, however it still comes down to money and the City is now in the suspense level and it is important that we continue this effort. She gave an overview of her experiences. 4. Expressed her excitement regarding the Mini Grand Prix and encowaged the public to attend. She thanked the Chamber of Commerce for organizing this event. Mayor Pape commented on the following: Encouraged the promoter of the Semi Pro Football team to meet with Community Services Director Sapp and discuss lus plans. 2. Thanked the Chamber of Commerce for taking a position and support of Measure BB. He thanked AARP for their support as well. 3. Thanked the citizens of the Task Force for their efforts. 4. Addressed the Pro's and Con's of Measure BB. He presented a flip chart and listed facts regarding Measure BB. 5. Addressed and defined swimu~ing in Lake Elsinore. He stated that there is no life guards around the Lake and for safery and liability purposes, people are not ailowed to go out in water that is over their hear. It does not prevent people from being in the water at all. He noted an experience he had with a child who he saved from drowning and how quickly and easily it can happen. He expressed disappoinUnent in the County Supervisor for making fun of the City's situation and not supporting the City's position due to liability. PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 15, 1997 6. Addressed the comments in the paper made by the City Treasurer, Dick Knapp, in regard to the ownership of the property that the Stadium is on. He stated that the City has received a$10,000,0001oan on the facility as well as title insurance on the facility. He stated that the County Assessors Office does not show us as having ownership because there is a paper glitch and it is being addressed. He noted that the City Attorney finds that the City does own the property and the problem with the paper work does not affect the ownership of the Stadium or the property. CLO5ED SESSION a. Pending Litigation - Ervin S. Palmer - Case #267394. b. Potential Litigation. c. Personnel Matters. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLO~ED SESSION AT 9:35 P.M. TO DISCUSS THE ABOVE LISTED ITEMS. MAYOR PAPE NOTED THAT AN ANNOUNCEMENT WOULD FOLLOW THIS CLOSED SESSION. THE CITY COUNCIL MEETING RECONVENED AT 10:42 P.M. WITH THE FOLLOWING ANNOUNCEMENT: The Lake Elsinore City Council met in Closed Personnel Session to look at options with the retirement of Ron Molendyk on July 1, 1997. Consideration was given to City Council goals, budget, Measure BB, staff priorities and organizational downsizing. Mr. Richard Watenpaugh has been appointed City Manager/Executive Director of the Redevelopment Agency, with no salary adjustment at this time. The Assistant City Manager position will stay unfilled during the 1997-98 budget. With Economic Development being a priority as part of the City/RDA Financial Plan, Mr. Molendyk has agreed to assist the Redevelopment Agency and staff on specific projects to make sure there is a smooth and easy transition for the Community, the Development Community, the City Council and Staff. The appointment of Mr. Watenpaugh will be effective July 1, 1997. Dick received lus B.S. from Oregon State university in 1971. He has been the Recreation and Parks Director in Beaverton, Oregon, and Vancouver, Washington; Recreahon Supervisor for Coachella Valley Recreation & Park District; Director of Recreation in Oceanside and was Lake Elsinore's first Community Services Director, implementing the Master Plan of Parks, Recreahon programs and facilities 1988 to 1993. He was promoted to Manager of Special Projects dealing with the transition of the Lake from the State to the City and related issues. In June, 1995, he was promoted to Assistant City Manager. (F:46.1) PAGE EIGHTEEN - CITY COUNCTL MINUTE5 - MAY 15, 1997 ADJOiJRNMENT MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNA1vIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE ADJOURNED REGULAR CITY COUNCIL MEETING AT 10:45 P.M. G~ VIN W. P E, MAYOR CITY OF LAKE ELSINORE A~'~S'1: ~~ ~ ~ ~~ ~ICY_i ~i~A.a:~D, CITY CLERK T:~TY Of+ 3.r~ KE ELSINORE