HomeMy WebLinkAbout06-24-1997 City Council Minutes„ MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
1S3 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JLTNE 24, 1997
,~***,~**~*~*****~~*,~**~**~**~**~**~~**~*~~*~~****~*~********~**,~*,~*
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Pape at 7:02 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Manager Molendyk.
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, Admniistrative Services Director Boone, Community
Development Director Leslie, Community Services Director Sapp, Police Chief
Wa1sh, Fire Chief Seabert, City Engineer O'Donnell and City Clerk Kasad.
PRESENTATIONS
A. Proclamation - Amatenr Radio Week (F:122.1)
Mayor Pape read and presented the Amateur Radio Week Proclamation to
Don Foster, representing the Lake Elsinore Amatew Radio Operators. Mr.
Foster thanked the Council for the presentation and explained the function of
their organization.
B. Presentation - Ci ,t~a_ger (F:46.1)
Mayor Pape presented a City Tile Plaque to City Manager Molendyk for his
13 years of service to the City of Lake Elsinore. City Manager Molendyk
stated that he is completing 36 years of govenunent service and gave an
overview of his employment history. He noted that over the last 13 years
there have been a lot of changes in the City and much has been accomplished.
He stated that he feels the City has a great potential for the future in
Recreation and Toiu-ism. He stated fliat it has been an honor to be the City
Manager in this City for the last 13 years.
PAGE TWO - CITY COiJNCIL MINUTES - JiJNE 24, 1997
C. Presentation - City Attornev (F:40.1)
Mayor Pape presented a City Tile Plaque to City Attorney Harper for his 15
years of service to the City of Lake Elsinore. City Attorney Harper stated
that the decision to leave the City has been a hard one and he hopes that his
years of service with the City have left people with an attitude of a helpful
and user-friendly attitude toward the legal end of government. He
commended staff for their hard work and stated his pleasure in working with
them. He stated that one of the other reasons that it is hard to leave is
because of some of the problems that Lake Elsinore is facing, however he felt
sure that those problems would be resolved because Lake Elsinore is not the
Diamond Stadium, Wa1-Mart, Ouflet Center or City Ha11, but rather the
community. He explained that the people who live in Lake Elsinore are hard
working, good hearted, dedicated people who want to provide a better
community for themselves and their children.
D. Presentation - Chamber of Commerce U~date. (F:108.4)
Tom Thomas, President of the Chamber of Commerce, thanked City Manager
Molendyk and City Attorney Harper for the opportunity to wark with both of
them and for their hard work for the City. He gave a report on the Grand Prix
that the Chamber presented and stated that it was a success. He stated that in
1996 there were 6 races, and this year there were 14 races in the same
amount of time and it made a better event. He noted that there were open
Beer Gardens throughout the Downtown area during the event, and there
. were no incidents. He commented that speaks highly of our community and
the people that attended. He explained that the carnival did not do well and
they will have to rethink that portion of the event. He stated that the race
committee will start in the next few weeks to work toward next yeaz. He
thanked everyone that helped to make the event a success. He noted the Golf
Tournament and stated that it was a success. Mr. Thomas gave a report on
the EDC and explained the goals of the organization. He noted that they are
planning a Membership drive and a Membership Directory. He thanlced the
Sun Tribune for their assistance with the Chamber newsletter. He
commented on the Chamber's disappointment with the outcome of the
election on Measure BB and the impact it is ha~ing on the community. He
announced the Monthly Board Meeting will be July 1, at 5:30 and is open to
all Chamber Members; The Economic Development Meeting, is by invitation
only, July 10, at 11:30 a.m., at Guadalajara Restaurant; Ambassadors
Committee Meeting, July 8, at 11:30 a.m., location to be announced.
PUBLIC COMMENTS - AGENDIZED ITEMS
Mayor Pape explained that there is an item regarding the November Election with a
Resolution that has been requested to be added to the Consent Calendar.
PAGE THREE - CITY COUNCIL MINUTES - JUNE 24, 199Z„
MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY
UNANIMOUS VOTE TO ADD THE RESOLUTIONS CALLING THE
GENERAL MUNICIPAL ELECTION FOR NOVEMBER 4, 1997 TO THE
CONSENT CALENDAR AS ITEM NUMBER 12.
CONSENT CALENDAR ITEMS
The foilowing items were pulled from the Consent Calendar for further discussion
and consideration:
Item Nos. 6, 7, 8, 9, 10, and 11.
MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED WITH METZE ABSTAINING FROM THE
VOTE ON ITEM la.
1. The following Minutes were approved: (F:44.4)
a. Regular City Council Meeting - May 27, 1997
The following minutes were received and ordered filed:
b. Planning Commission Meeting for May 21, 1997
c. Planning Commission Meeting for June 4, 1997 (F:60.3)
d. Design Review Committee Meeting for May 21, 1997
e. Design Review Committee Meeting for June 4, 1997 (F:60.4)
2. Ratified Warrant List for June 16, 1997. (F:12.3)
3. Rejected Gaim No. 97-14 - Clayton Stensrud. (F:52.2)
4. Received and ordered filed the required Monthly Report on the State COPS.;,
Grant for March 31, 1997. (F:84:8)
5. Approved renewal of Letter of Credit to Bank of America, authorized
signatures on Agreement and Adopted Resolution No. 97-33. (F:68.1)
RESOLUTION NO. 97-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, AUTHORIZING THE SECOND
AMENDMENT TO THE BANK OF AMERICA STANDBY
LETTER OF CREDIT IN THE AMOUNT OF $800,000. „
12. Adopted Resolutions Nos. 97-48 and 97-49, calling the General Municipal
Election for November 4, 1997. (F:72.2)
~ ~_ ~ - P ,~ ~"
:~fA
PAGE FOUR - CITY COUNCIL MIN.UTES -:JLTNE 24, 1997 ., .,
RESOLUTION NO. 97-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY ON TUESDAY,
NOVEMBER 4, 1997, FOR TfIE ELECTION OF CERTAIN
OFFICES OF THE CITY AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES AND
REQUESTING THE REGISTRAR OF VOTERS OF THE
COUNTY OF RIVERSIDE TO CONDUCT SAID ELECTION.
RESOLUTION NO. 97-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE, PERTAINING TO MATERIALS SUBMITTED TO
THE ELECTORATE AND THE COSTS THEREOF FOR THE
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY ON TUESDAY, NOVEMBER 4, 1997.
PUBLIC HEARINGS
- None.
APPEALS
21. An~ Pal of Shucture Abatement Action at 283 North Main Street (F:32.4)
Community Development Directar Leslie stated that staff is working with the
applicant and they are in the process of having a structural engineer go over
the house; and it is staffs hope that the problems can be worked out and the
appeal dropped, however in the meantime the property owner is keeping his
options open. He stated that staff is asking for a continuance to July 22,
1997.
Mayor Pape stated that the Meeting of July 22, will be adjourned, and asked
if the first meeting in August would be satisfactory.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
LTNANIMOUS VOTE TO CONTINUE THE APPEAL OF STRUCTURE
ABATEMENT ACTION AT 283 NORTH MAIN STREET TO.AUGUST 12,
1997.
PAGE FIVE - CITY COUNCIL MINUTES - JUNE 24, 1997
BUSINESS ITEMS
31. Second Readin,~ of Ordinance No. 1029 - Ado~g Amendment No. 3 to the
Alberhill Ranch Specific Plan and Mitigated Negarive Declaration 97-3 for
the Lake Elsinore Outlet Center Exnansion ~Iorizon Grou~ Inc.). (F:150.2)
MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE
SECOND READING OF ORDINANCE NO. 1029.
Councilxnan Alongi asked that the vote on this Ordinance be corrected, since
he voted yes on this Ordinance. Mayor Pape indicated it would be so noted.
THE FOREGOING MOTION WAS APPROVED AND ADOPTED:
ORDINANCE NO. 1029 =^
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA ADOPTING AMENDMENT
NO. 3 TO THE ALBERHILL RANCH SPECIFIC PLAN AND .
MITIGATED NEGATIVE DECLARATION 97-3 FOR THE ..
LAKE ELSINORE OUTLET CENTER EXPANSION .
(HORIZON GROUP, INC.).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY,
METZE, PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
32. November Ballot Measiue - City Services. (F:72.2) ~,_„
Mayor Pape stated that CounciL just found out on Saturday that Council willy,
have a little bit more time before Ballot Measures are required to be filed in
the Registrar of Voters office. He stated that this would give the Task Force
the opportunity to meet twice more. He stated that Council would have to
postpone this item to July 15, 1997, and set a Special Meeting to make a
decision. This would give the Task Force the opportunity to meet and discuss
different ideas and a fiuther opportunity to give input to the Council before a
decision is made for the November ballot. He stated that Council should take
the time to be sure what people want and the services that they wiil approve
and pay far. He noted that an extra three weeks would be to Council's
benefit.
,~... , ... ~ ~ ~ q ix .yt~~~.. . .
PAGE SIX - CITY COUNCIL MINUTES - JUNE 24, 1-997 ::
MOVED BY PAPE, SECONDED BY BRINLEY AND APPROVED BY
UNANIMOUS VOTE TO SET A SPECIAL CITY COUNCIL MEETING
F'OR TUESDAY, NLY 15, 1997, AT 7:00 P.M.
Mayor Pape stated that he knew that there were requests to speak on this item
and Council does want input. He asked if those who wished to speak would
call or write to Council with their thoughts in regard to the matter. He asked
that they put the July 15th Special Council Meeting on theu calendar and plan
to attend the meeting to give input prior to Council making a final decision.
33. Consideration of Estabiishxnent of Voluntarv Cam~aien Expenditure Limits
(Pro.position 2081. (F:72.1)
City Manager Molendyk stated that this is pwsuant to the California Political
Reform Act of 1996, and became effective January 1, 1997. He explained
that this action would bring the City in line with Proposition No. 208. He
further stated that staff recommends that Council approve Ordinance Na
1030, establishing a voluntary expenditure ceiling for elections to City offices
and Resolution No. 97-47, establishing the number of City residents for the
purpose of determ~ning the voluntary expenditure ceiling for City elections.
Mayor Pape noted that this Proposition allows $26,500 on a campaign and
stated that the total number of candidates for any election has never amounted
to $26,500 in expenditures.
~ Councilman Alongi noted the increase of contribution limit from $100 to $250
and explained that anyone who contributes less than $250 does not have to
report it. City Attomey Harper stated that it is a contribution limit and has
nothing to do with reporting. Councilman Alongi clarified the reporting
procedure for contributions requirements.
MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY
- UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 97-47 AND THE
FIRST READING OF ORDINANCE 1030.
RESOLUTION NO. 97-47
° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, ESTABLISHING THE NUMBER OF
~ ° RESIDENTS OF THE CITY FOR THE PURPOSE OF
°° DETERMINING THE VOLUNTARY EXPENDITURE
CEILING FOR CITY ELECTIONS, AS ESTABLISHED IN
SECTION 2.08.026 OF THE LAKE ELSINORE MUNICIPAL
CODE.
PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 24,.1997
ORDINANCE NO. 1030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, ADDING SECTION 2.08.026 TO THE
LAKE ELSINORE MUNICIPAL CODE ESTABLISHING A
VOLUNTARY EXPENDITURE CEILING FOR ELECTIONS
TO CITY OFFICES AND PROVIDING FOR AN INCREASE IN
THE CAMPAIGN CONTRIBUTION LIMITS IN ~
ACCORDANCE WITH THE POLITICAL REFORM ACT OF
1996 (PROPOSITION 208).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY,
METZE, PAPE ~:~~
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COLINCILMEMBERS: NONE
34. Swimming in Lake Elsinore - AmencLment of Municipal Code Section 8 40 40
"Parks and Beaches". (F:92.1)
Mayor Pape introduced the item and explained that he felt that staff had
worked out some solutions to this issue that should satisfy a11 parties..
concerned.
City Manager Molendyk explained that when the City accepted the transfer of
the Lake from the State in July of 1993, the City also accepted the rules and
regulations the State l~ad in place. He explained that the City translated State
regulations into City Ordinances to have codes on the books for enforcement
on the Lake; these regulations also included some State policies relating to
designated swunming areas, legally limiting use of the Lake for swimtning. ;
Assistant City Manager Watenpaugh stated that the item before Council is a:.
clarification that has been bronght forward because of a letter that was sent to
another public entity. He noted that the City took over the Lake in 1993, and
basically adopted the niles and regulations that had been approved by the
State Park and Recreation Department for operation. He explained that one
of the rules the City had been operating under was verbal, and not a written
swmm~ing reg~dation. He explained that the State has no record of ever citing
anyone for swimming in the Lake, however they did continually usher people
closer to shore and out of the path of boats. Assistant City Manager
Watenpaugh stated that in conversations with Dave Vincent, Don Monahan
and Andre Ramos who worked on the Lake, the policy ~s still the same at
Lake Perris, althotigh they do not have a writte:. regulation. He fizrther stated
~ w~ ..,. ~~~.~.i_.
= PAGE EIGHT - CITY COUNCIL MINUTES- JLTNE 24, 1997
that based on the input from the Community, along with the new Launch
Ordinance for private property owners, staff has amended and added under
~ Section 8.40.040 K and L be added to the Code to allow swimming within a
safe mazgin. Fie explained the public safety issues, and noted that the intent
of the this ordinance is to provide people with the flexibility and the freedom
to swim, and to put it in writing to legally a11ow swimming with something
enforceable to assist the City in terms of potential liability regarding drowning
where people cannot swim. Assistant City Manager Watenpaugh stated that
he has talked to Mr. Grenier from the Park Disirict and he was comfortable
with what the City has proposed.
Mayor Pro Tem Kelley questioned a letter that addressed the riparian rights
of the property owners in the County. Assistant City Manager Watenpaugh
stated that there had been an issue of the County property owners right to
launch and there has been an ongoing dialogue between the State, City and
property owners. He explained that the City has agreed by ordinance to
approve the County property owners right to launch from their own property
even if the water recedes to the point where it is below their property line.
Mayor Pro Tem Kelley asked if the City should address their riparian rights
for swimming as well. Assistant City Manager Watenpaugh stated that he
does not believe that riparian rights were addressed in the swi~runing
ordinance. He noted that giving them the right to swim on private property
addresses that issue.
City Attorney Harper concurred and explained that actually the language isn't
riparian rights and he doesn't know if the legal rights of the County residents
~~ have ever been resolved and he does not know if the City's legal position and
the County's legal posirion are the same. He noted that the City has just
taken the position, not withstanding any litigatioq that they are allowed to
- launch.
Mayor Pro Tem Kelley asked if Secrion K. Addressed guests as well:
Assistant City Manager Watenpaugh stated that anyone off of their private
- property, that they authorize to swim, would have the right to do so. He
noted that if anyone crossed over into City owned property or other private
property it might be a different issue.
Councilman Alongi commented on the buoy situation and felt that the City
should place buoys that mark the 1240' elevation point, however as the water
goes down, and the 5 mile must be marked, the buoys should stay in place to
~= identify the property lines. He questioned if the buoys must be removed and
replaced as the water goes up and down. He further questioned the marking
of buoys with identification numbers to allow the police and rescue to have a
firm reference point to provide services, and asked if those buoys could be
used for both the 1240' and the ID markers. Assistant City Manager
Watenpaugh clarified the question and noted that the City could
accommodate that use and explained that the designated marked buoys for
public safety could be set on the City's properiy line. He explained the
identification of the numbered buoys.
PAGE NINE - CITY COiJNCIL MINUTES - JLTNE 24, 1997
He noted the beach area on Poe next to the City Boat Launch and further
noted that there are children and people in the water in the same area as boats
are launching or going to and from shore. He stated that he would like to see
the City designate a swimming area set aside to prevent boats of any kind
from being docked, launched or even near the swimming area. He stated that
he feels that this is important for public safety because if a boat is coming in
to shore and does not see a child in the water the driver of the boat could hit
the child and could cause serious injury.
Councilman Metze stated that he had been contacted by some of the property
owners from the unincorporated side of the Lake and they did request that _
Council continue this item to the first City Council Meeting in July to allow
them the opportunity to discuss the Ordinance with staff. He noted that there
is still fear and distrust of the City and he felt that one meefing with the
County property owners might set aside all the fears that they might have. He
explained that when the City has worked with the County property owners it
has resulted in a very posirive reaction from them, and he felt that continuing
this item for two weeks would not cause any problems.
Mayor Pape stated that he did not receive any requests to address this item
and he thought that there might have been more interest shown by property
owners both in the City and County. He stated that he felt that the Ordinance
presented a good solution to the situation and answers the use of property for
Swimming.
Mayor Pro Tem Keliey stated that she agreed with Councilman Metze since it
does help to communicate with the people from the County to answer all their
questions and clarify the item. She fwther stated that otherwise she would
like to add the verbiage "to protect riparian rights for launching and
swimming as well as for property owners and guests". She agreed with
: Councilman Alongi regarding the designated swinunnig area, however she
thought that if there was a designated area, then the City would have to
provide lifeguards. Councilman Alongi stated that was not necessary. .
Councilwoman Brinley stated that she concurred with Councilman Alongi
regarding the 1240 marker to designate City property lines and agreed with a
designated swimming beach. :
MOVED BY BRINLEY TO APPROVE ORDINANCE NO. 1031 WITH THE
AMENDMENTS REGARDING BUOYS AT 1240' ELEVATION POINT
AND A DESIGNATED SWIMMING AREA TO BE PLACED AT A LATER
TIME AND GUARANTEEII~TG THE RIPARIAN RIGHTS OF THE
COUNTY PROPERTY OWNERS FOR LAUNCHING AND SWIMMING
FOR THEMSELVES AND GUESTS.
MOTION DIED FOR LACK OF A SECOND.
. k ~. {y~ .. ' '`
~ i i ~~`;~i ~ ~~ ~ `~° (~^-.~ ' . .
h ` u~
`- PAGE TEN - CITY COUNCIL MINUTES - JUNE 24,;1997 ~ . > .. : , .
City Attorney Harper stated that there are no riparian rights and the term
doesn't apply in these circumstances. He suggested that Councilwoman
Brinley does not give something in a form of an ordinance or let them think
that they have something which in fact doesn't exist as a matter of law. He
explained that the ongoing debate is whether Lake Elsinore is a navigable
stream or whether in fact it is a lake or essentially a reservoir and that has
been the legal debate between the County and City residents throughout the
entire time the State has owned the Lake. He further explained that what
"riparian rights" implies is that property lines move with the level of the water
and in his opinion that is inapplicable to Lake Elsinore, as is the view of the
State of California. City Attorney Harper stated that if Council adopted an
ordinance which somehow implied that they had riparian rights, it would
create litigation when the Lake went down or up, Mayor Pape asked if there
was anything that Council could do other than what has already been
addressed to give them any more right to swim on their property. City
- Attorney Harper stated that Council cannot deal with the issues of guests
because the only way that someone could become a guest is by invitation of
the property owner, anyone who isn't a guest is trespassing and the City does
not get into the private property trespass issues. He noted that the only
reason for the rule related to boat launching is because of the necessity to
control the number and locations of access of boats; and if there were not
rules conceming boat launching, two things happen: 1) either no boats get
launched from that site; 2) or anybody that wants to, can launch from that
site. He explained that the rule the City has does not address riparian rights,
but rather addresses access to the Lake from the County side. Mayor Pape
~5 stated that Council wants to make sure that the owners get full use and access
from their property. Councilman Alongi stated that he does not want to enter
into riparian issues since that is a legal matter, however if they want to swim
in the Lake the ordinance is giving them the right to do so. He stated that he
feels that this ordinance is adequate and if Council chooses to add to it
somewhere down the road then Council can. -Councilman Alongi stated that
an ordinance takes thirty days to go into effect and by postponing it, is only
postponing a problem.
MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE
°FIRST READING OF ORDINANCE NO. 1031 WITH THE AMENDMENTS
REGARDING BUOYS AT THE 1240' ELEVATION POINT AND A
DESIGNATED SWIMMING AREA TO BE PLACED AT A LATER TIME.
ORDINANCE NO. 1031
AN ORDINANCE OF THE CITY OF LAKE ELSINORE
AMENDING CHAPTER 8.40.040 I- PARKS AND BEACHES -
RULES AND REGULATIONS AND ADDING 8.40.040 K AND
L.
~a
PAGE ELEVEN - CITY COUNCIL MINUTES - NNE 24„1997
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY,
METZE, PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
35. Snonsarshi~ of parks. (F:114.1)
Mayor Pape gave an overview of the recent history of the closwe of the parks
and stated that this has prompted the community to ask how they can
financially support facilities to keep them open. He noted that merchants and
organizations on Main Street have expressed interest in providing funding to
keep City Park open. He further explained that a group of developers ha~e
expressed interest in keeping four parks open and explained the level of
service that the different developers are willing to sustain pending the ballot ::
measure in November. He noted that the sponsors have agreed to put up
signs to notify the public which persons or developer have sponsored each
park.
Councilwoman Brinley questioned if the parks will be maintained at 50%.
Mayor Pape indicated that those details are srill being worked out.
Councilman Alongi asked how much Abaccy was willing to contribute to -
Summerhill Park. Mayor Pape stated that they were going to contribute
enough to maintain the park at the level required by the SCJPIA. Councilman
Alongi confirmed that the City would be cutting the service to the park by
50%. Mayor Pape confirmed.
Councilman Alongi addressed the Main Street Park and noted that Pat Lovitt,
President of the Downtown Business Association held a meeting and the -
DBA made a decision to contribute $4,000 to the Main Street Park to keep it
open for the residents of the Downtown area, which aze in the low income
bracket and use the park for birthday parties and weddings. He stated that he
has also received a pledge from Mr. Pete Vasquez of $1,000 for the Main
StreetPark. He stated that he has tallced with Larry Regis from the Chamber
of Commerce and addressed the $6,000 that was given to the Chamber that
was supposed to be used to promote the Downtown. He noted that he has
questioned Larry Regis about the funds and had asked if there was any of the
money left. He fiu~ttier noted that at this time he has not had an answer,
however he hopes that there is at least $1,000 available for the parks. He
then presented the Mayor with a check for $4,000 from the DBA and stated
that the other funds will be presented later. He explained that this wili be
approximately 50% of the cost of Main Street Park and if the Chamber
'~'. . ~, . . . ~~ r~,~:. .
PAGE TWELVE - CITY COLTNCIL MINUTES - JUNE 24,-1997. ; __,
comes up with any funds that originally came from the DBA, then that will be
that much more for support for the park.
Mayor Pape stated that according to staff, the developers will move on this
effort as soon as Council approves this item. Councilman Alongi stated that
-- whether the Developers aze ready to move forward or not, the citizens are
ready to move forward for Main Street Park and that is the point. He further
stated that each park can stand on its own.
Mayor Pape asked the City Attorney if it was appropriate to accept the DBA
funds. City Attorney Harper stated that the Business Improvement District is,
by statute established to improve the Downtown Business Area and the
question at hand is whether the maintenance of the Park is an improvement to
the Downtown Businesses and meet the statute. Councilman Alongi stated
that closing the Park would be a detriment and the opening of the Park would
be an enhancement. City Attorney Harper stated that the statute is preriy
specific as to what the funds can be used for. Councilman Alongi stated that
is why the funds are being donated. City Attorney Harper stated that if
Council desires he will render a formal opinion whether it is an appropriate
use of funds. He explained that without knowing more about how the money
would be spent and the impact it has on the downtown area the City might not
be able to accept the funds. Councilman Metze suggested that the City
accept the check, but not touch any of the funds until an agreement is signed.
Councilman Alongi stated that an agreement is not necessary since it is
money that was collected in tvices from die Downtown Businesses in the BID
District and there is no restriction in regard to the expenditure of funds as
long as it is an improvement of the Downtown area. He noted that this is
~= money that the DBA has that they would like to contribute to keep the park
open and Mr. Vasquez will still maintain City Park as per his agreement with
the City along with his $1,000 donation. He noted that the Council should
not start poking people in the eye over where the money comes from since it
is honestly earned money and is for improvement to the Downtown section of
Lake Elsinore. Mayor Pape stated that he did not feel that anyone would
disagree with Councilman Alongi because everyone would like to see the
parks open with any donations available, however the only question is
whether the City could accept funds that are legally given. He indicated that
if the Council can accept the money, bet they would. City Attorney Harper
stated that if Council feels comfortable with the fact that the funds will be
used to improve the Downtown Business Area, then the acceptance of the
- funds is pernussible. Mayor Pape stated that the City would then accept the
funds and add it to the Downtown Park Funds. Councilman Metze asked if
the parks were going to be addressed on a case by case basis. Mayor Pape
stated that they would and explained that each developer is going to want to
address the park where they have a specific interest. Councilman Metze
expressed concern with liability and stressed that the City must carefully
watch this. He asked if mnumum level meant that sports are still out. Mayor
Pape stated that the developers are aware that the parks must be maintained
to an acceptable level per the JPIA criteria. He explained that the JPIA will
PAGE THIRTEEN - CITY COLINCIL MINUTES - JUNE 24, 1997
be sending a representative to go over the parks and provide an evaluarion.
Councilman Alongi stated that the main use and interest in the parks is to give
people the ability to play ball or soccer and if it means that the City must
chain the play equipment then so be it to reduce the liability. Councilwoman
Brinley questioned the acceptance of the check from the DBA. Mayor Pape
stated that if Council moves to accept donations, then the City could accept
the check.
MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO DIRECT STAFF TO FORMULATE AND
IMPLEMENT SPONSORSHIP STANDARDS FOR TI~E MAINTENANCE
AND OPERATIONS OF THE PARKS THROUGH SPONSORSHIP FUNDS
IN CORRELATION WITH THE JPIA AND CITY ATTORNEY
REQUIREMENTS TO LIMIT OR ELIMINATE ANY LIA~BILITY
CONCERNS.
ITEMS PULLED FROM THE CONSENT CALENDAR
6. Award of Contract For Lakeshore Drive Widenin,g - Main Street to 600 Feet„r.
Beyond Entrance to Lakenoint Park. (F:156.2)
Councilman Alongi asked that this be pulled so he could abstain from the .
vote.
MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY A 4
TO 0 VOTE WITH ALONGI ABSTAINING TO AWARD THE CONTRACT
FOR THE LAKESHORE DRIVE WIDENING TO LAIRD
CONSTRUCTION COMPANY IN THE AMOUNT OF $158,565.
7. Resolutions Confirmin~ F/Y 1997-98 Snecial Taxes for: (F:22.3)
_._~_ .. _ _
CFD 91-2 (Summerhill Riblic Improvements~
CFD 88-3 (West Lake Elsinore Public Improvements 3-phasesl
CFD 90-3 (North Lake Elsinore Hills Public Improvementsl ,
CFD 95-1 (Lake Elsinore City Center Pubiic Improvements)
8. Reso lutions Co nfirmin~ F/Y 1997-98 S pecial Assessments - AD 87-2 AD ;,
89-1 , AD 86-1 , AD 90-1A & AD 93-1. (F22.3) __
Councilman Alongi stated that he felt that the public should be made aware of
what Item Nos. 7 and 8 are about. He asked Adtniiustrative Services
Director Boone to explain these items.
Administrative Services Director Boone explained that these are the annual
resolutions to the County to place a special taac for debt service on the
property taxes for next year's tax list. He noted that it is the 6th year for
some and the 4th year for others. Councilman Alongi asked if Council was
voting on any additional taxes. Administrative Services Director Boone
s ~et y,~~', : . . . ~ ~ ~ . ~k ~~i,~~~.. ~.
- PAGE FOURTEEN - CITY COUNCIL MINUTES - JUNE 24, 1997. _.
stated that they were not as the taxes had previously been set. City Attorney
Harper stated that Council does not have any choice but to take the action
proposed.
MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE ITEM NOS. 7& 8 AND ADOPT
ItESOLUTION NOS. 97-34, 97-35, 97-36, 97-37, 97-38, 97-39, 97-40, 97-41, &
97-42.
RESOLUTION NO. 97-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX
COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE
SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES (CFD 91-2 - SUMMERHILL PUBLIC
IMPROVEMENTS).
RESOLUTION NO. 97-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX
COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE
SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES (CFD 88-3 - WEST LAKE ELSINORE PUBLIC
IMPROVEMENTS).
RESOLUTION NO. 97-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX
COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE
SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES (CFD 90-3 - NORTH LAKE ELSINORE PUBLIC
IMPROVEMENTS).
RESOLUTION NO. 97-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX
~ COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE
SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES (CFD 95-1- LAKE ELSINORE CITY CENTER
PUBLIC IMPROVEMENTS).
PAGE FIFTEEN - CITY COUNCIL MINUTES - NNE 24, 1997
RESOLUTION NO. 97-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA REQUESTING TFIE TAX
COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE
SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES (AD 87-2 - SHOPPERS SQUARE).
RESOLUTION NO. 97-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX
COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE
SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES (AD 89-1- SUMMERHILL BRIDGE
IMPROVEMENTS).
RESOLUTION NO. 97-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX
COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE
SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES (AD 86-1- NORTHWEST SEWER DISTRICT).
RESOLUTION NO. 97-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ~LSINORE, CALIFORNIA REQUESTING THE TAX
COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE
SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES (AD 90-1A - SUMMERHILL PUBLIC
IMPROVEMENTS).
RESOLUTION NO. 97-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX ,.
COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE:
SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES (AD 93-1- COTTONWOOD HILLS PUBLIC
IMPROVEMENTS).
9. Business License Ratification - Ballot Measure. (F:72.2) (X:32.1)
Councilman Alongi stated lus objecrion to placing this item on the ballot in
November. He stated that there is enough going before the voters and he felt
' + ;~ , . `;~ ~~~' ~~,%~..,
,
PAGE SIXTEEN - CITY COLTNCIL MINUTES - JLTNE 24, 1997 :...
that to increase the business license tax would only pass the cost on to the
consumer and he felt that this would be a mistake. He noted that this could
be addressed at a later date and not confuse the issue with the parks, Senior
Center and job retention. Administrafive Services Director Boone stated that
- Proposition 218 called for this acrion. Councilman Alongi stated that if
Council wished to place the Business Licenses back to the previous level,
then Council does not need to vote on this issue. He explained that there are
going to be enough decisions for the voting public to make and he felt that
this would further confuse the issues. He explained that he does not feel that
the public will understand this issue and noted that what they will be asked to
do is ratify an action that the Council has already approved and they will not
understand this action. He stated that in his opinion it would be foolish to
place this item on the ballot. Admuustrative Services Boone explained that
this was a legislative action and that it needed to be addressed within 2 years.
City Attorney Haiper clarified that this is not onlyProposition 218, but also
the constitutional amendment prior to Proposition 218 resulting from the
Santa Clara Decision and affected business license taxes and explained that it
must be addressed. City Manager Molendyk explained that this was slated to
go on the ballot, since if the City looses the funds at a time when the City is
hying to maintain revenue to'provide services, it could mean an additional
$100,000 that will have to be cut in 1997/98 if it is not ratified by law.
Councilmember Alongi stated that if Council did not take this to election,
then the figure for Business Licenses would revert to the previous amount,
and the only reason whywe would take it to election is to confinn what has
been done. He stated that he felt that the Council was going to the public
with too many t~ issues to deternune and if someone, even himself, goes into
~ a booth and the first issue he sees is on Parks and he likes it then he would
vote yes on that issue alone and no on all the others. He indicated he does
not want to see that happen to this issue and felt that it would better serve the
City to bring it to the voters later. City Manager Molendyk stated that the
people of California voted Proposition 218 in as how they wish to do business
and they are Uying to take politics out of it and place these things on a ballot,
much like a shopping list. Councilman Alongi stated that it only goes on the
- ballot if the City wishes to increase the amount, and if the City goes back to
the original Business License Tax before the increase took place, then it does
not have to go on the ballot. He noted that the City might loose $100,000
• now, but might gain a lot more down the road by not doing this. He
• explained that the voters are not going to be looking at this as ratifying what
has already been in place, but rather as something that the City is hying to
raise and they will vote no. He noted that the City needs the votes for the
parks and he felt that putting a11 these tax measures together will cause the
City to loose them all. City Manager Molendyk stated that his
recommendation is to try and hold on to what the City has because it will be
very tough to get any future revenues to provide services.
Mayor Pape stated that he believes that people are smart enough to make a
- decision on more than one item at a time and Proposition 218 is all about
allowing people the right to vote on taxes. He stated that he does not see a
problem with allowing this item to go to the ballot.
PAGE SEVENTEEN - CITY COUNCIL MINUTES - JLTNE 24, 1997
City Attorney Harper explained that Proposition 218 deals with property
based taxes and that is not what Council is dealing with. He explained that
218 did two things: He addressed the requirement for a 2/3rds vote on a11
property based taaces, and recovfirmed the law that requires a majority vote
on any other taxes. He noted that this issue is one of those "any other taxes".
He further explained that the language is the mere imposition of the general
ta~c is sufficient. He stated that this addresses any tax that the City extended
or imposed after January l, 1995, and has to be approved by a majority of the
voters. City Attorney Harper noted that the only debate is when Council is
going to do it, however it must be done whether it is increased or remains the
same. Councilman Metze asked if we would loose all the fees from Business
License. City Attorney Harper confinned that any tax that was imposed after
January 1, 1995 must go to a vote of the people or the income will be lost.
Mayor Pro Tem Kelley asked how long we have to malce this issues effective.
City Attorney Harper stated that Council has two years past the time the law
went into effect which was January 1, 1997 and that means that the issue will
ha~e to go to the vote by January 1, 1999. Councilwoman Kelley requested
confirmarion that the City can go forward with the current Business License.
taac until 1999. City Attorney Harper stated that the difficulty is that it is ~
required to be done at a regularly scheduled General Election. There was
general discussion regarding November, 1998. City Attorney Harper
explained that November, 1998, is not a regularly scheduled General Elecrion
and November, 1997, is the next General Election.
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE RESOLUTION 97-43 APPROVING
THE BALLOT MEASURE AND CALLING FOR THE RATIFICATION OF
THE BUSINESS LICENSE INCREASE.
RESOLUTION NO. 97-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, CONSOLIDATING A
BALLOT MEASURE WITH THE HOLDING OF A GENERAL,.;
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 4, 1997, FOR SUBMISSION TO THE:
QUALIFIED ELECTORS OF SAID CITY RELATING TO THE
RATIFICATION OF A GENERAL BUSINESS LICENSE
INCREASE EFFECTIVE JULY 15, 1995. :
10. 4ettlPment of Palmer V C~ of Lake Elsinore (F:52.2)
Councilman Alongi asked where the $30,000 for this settlement was coming
from. City Manager Molendyk stated that the fimds would come from the
General Fund Reserve since it is one of those emergencies that comes up. He
stated that it is the recommendation of the City Attorney to settle for $30,000
and that is the only available source since the City did not budget for this
item. Mayor Pro Tem Kelley asked the City Manager to state the original
, .F~ ' ~.~ y~~
~~
` PAGE EIGHTEEN - CITY COUNCIL MINUTES - JUNE 24,-1997: -.
amount that the suit was filed for. City Manager Molendyk stated that the
original amount was $8 Million and City Attorney Harper stated that the last
settlement offer was approximately $1.3 million.
MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO AUTHORIZE A BUDGET ADJUSTMENT IN
THE AMOUNT OF $30,000 TO THE GENERAL FUND RESERVE AND
DIRECT STAFF TO PREPARE AND SEND A SETTLEMENT DRAFT IN
THIS AMOUNT PAYABLE TO ERVIN S. PALMER AND CAROL E.
PALMER.
11. Set Public Hearin f,~ or July 8_ 1997 for General Plan Amendment 97-2.
(F:83.2) _
Councilman Metze stated that he wanted to inform the public that this was for
an Albertsons Market in the four corners area.
-Mayor Pape stated that this project sounds good so far and fills a need for a
desperately needed market on the West End.
MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE SETTING A PUBLIC HEARING FOR
JULY 8, 1997, FOR GENERAL PLAN AMENDMENT 97-2.
CITY COUNCIL RECESSED TO THE REDEVELOPMENT AGENCY
MEETING AT 8:24 P.M.
CITY COUNCIL RECONVENED AT 8:26 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
Edith Staff'ord, 54 Elm"Street, stated her concern regarding the Council
looking to the taacpayers for a bail out and further stated that she felt that the
- City has not solved the problem which created this condition. She cited the
warrant list and money that was given to the Redevelopment Agency from the
- General Fund and she felt that this was not legal. She asked why Council
would ask for more t~ dollars when they are not managing the money that
they already have and that is the real reason why the parks had to be closed.
She demanded that Council put money back into the Redevelopment Agency
Fund and then the City can open up the parks. She stated that she was going
to expose Council for their wrong actions and commented that Council had
violated the law by using General Fund money for the Redevelopment
Agency. She stated that Council is influencing the Task Force Committee
and she is going to expose that as well.
Chris McColley, 29072 Palm View, thanked Council for continuing Item 32
for further discussion. She wished good luck to City Manager Molendyk and
City Attorney Harper: She noted that from a citizens perspective Mr.
PAGE NINETEEN - CITY COUNCIL MINUTES -;JLTNE 24, 1997
Molendyk and Mr. Harper have been very responsive to the community's
needs and thanked both for their cooperation and assistance.
Dale Hite, 115 N. Kellogg, stated that ever since the election on Measure BB,
he has prayed for America. He stated that this issue was not a vote to keep
the parks open or a vote to fight against unfair taxes. He gave a defuurion of
a good father and stated his anger over the signs at the parks and the feeling
that the public was forced by Council to vote far parks. He commented on
the different issues and that he doesn't understand the finances of the City and
asked that the parks be kept open.
Ron Dean, addressed the fact that he has been trying to gain use of the
Stadium for his football team and noted that the City is now considering
allowing a team from Santa Clarita to come in and use the Stadium. He
explained that he has made proposals to the City and stated that he would
give 50% of his gate fees for the parks if he is allowed to play in the Lake
Elsinore Diamond. He addressed the probiems that he has experienced and
stated that the income from his revenue that he would donate and keep at
least 3 of the parks open.
John Seep, 15631 Half Moon Drive, concurred with Da1e Hite's comments, ,.
and commended the City for recognizing the Amateur Radio Operators. He .
asked Council to a11ow the people to vote solely on the Parks and thanked the
DBA for their donation to the parks. He gave an overview of the founding of
United States and read the Preamble to the Constitution.
James Ray, noted that the Democrats know how to spend the tax payers
money which is unacceptable to the public and asked that the City not make
the same mistake. He noted that we should increase our ta~t base the natural
way, through positive growth and by learning to discipline our spending. He
stated that Measwe BB was defeated because it did not resolve the problem
because it was a tax with too much pork in it and would allow the Council to
continue bad spending habits. He stated that the whole community needs to ~
work together to fix the problem and explained that attacking Councilman ;;_
Alongi only puts a wedge between the different factions. He stated that he
was not in favor of any new tax and suggested with disciplined spending and
growth, our t~es in five years will support the City. He criticized the City's :
spending on the Diamond Stadium. He detailed his bail-out plan and stated ..;
that the closures of the parks are Council's fault and not the failure of
Measure BB.
Dick Knapp, City Treasurer, questioned the City Attorney as to where the
grant deed to the Stadium is. He asked where the reconveyance is on the
$10,000,000 that the City paid. He stated that it has been 4 months since he
brought this matter up and he is still waiting for resolution. He stated that he
would like to see this matter resolved before the City Attorney leaves. He
gave an overview of the finances of the City and stated that he felt that there
was money to keep the parks open. .-.
~ . p,~;, ~I€~;~~~,
~
PAGE TWENTY -'CITY COUNCIL MINUTES - JUNE ~4, 1997 ,
Bill Tucker, read the Notice of Intent to recall Councilwoman Brinley which
was served prior to the Council Meeting.
Joyce Hohenadl, Chairwoman of the Citizens Task Force on Revenue and
Services, thanked Council for giving the TaskForce extra time to address the
- new taac measures and a11ow them the opportunity to give the voters the best
possible choices in a menu format. She thanked the developers for their
efforts prior to the November election.
Jack McColley, 29072 Palm View, commented on a Letter to the Editor
which addressed an election party held at the Las Palmas Restaurant. He
stated that the person who wrote this was misinformed and explained that the
group that gathered at the Restaurant were a very special group of volunteers
who paid for their own food and beverages and choose to gather to track the
election results. He thanked Mr. Jimmy Flores for allowing the volunteers to
gather at his restaurant.
Chris Hyland, 15191 Wavecrest Drive, stated thatMayon Pro Tem Kelley has
been served with a Notice of Intent to cuculate a Recall Petition and read the
Intent. She stated that she has been called a liar by Mr. McColley and she
wishes to state that he is the Liar.
Nita Van Heist, 33146 Shoreline Drive, asked where the proof was that the
$10,000,000 was spent to pay off the stadium. She explained that she was
assured that City Attorney Harper would acquire the Grant Deed to the
~• Stadium before he leaves his position with the City and ttus is fow years after
the fact. She stated:that in February, 1997, the City Council authorized the
sale of bonds of which $10,000,000 was to pay off the debt on the Stadium
and there is no Grant Deed or a Deed of Reconveyance. She stated that
without proof of this transaction, one can only conclude that $10,000,000 is
missing and she asked for this problem to be resolved.
-- Bruce Holland, 1166 Lake Vista, questioned risk management and noted that
he is tried of hearing about the Stadium and Wal-Mart. He noted that what
has to be in our future is a guidance from the City Council. He commented
that he objects to the public hearing negatives, lies and people creating
descent at the Council Meetings. He explained that Proposition 218 is a fact
and noted that San Clemente is closing their parks on July 1 st, and that is a
large city. He asked that people reseazch facts and not listen to the garbage.
~ Mr. Holland stated that he does not ha~e a problem with listening to opposing
views and the people thaY voted on Measiue BB are not liberals. He stated
that he would gladly mow lawns to help and if someone is not positive
regarding the community they should pack flieir bags and leave. He
addressed the Outlet Center and the fact that the City assisted in paying for
the infrastructure, and stated that a lot of cities do the same thing to bring
business into the commiuuty and if there is no business in the community then
the citizens will be paying for all of the debt and there will be no growth. He
noted that without commercial sales tax there will be no progress
PAGE TWENTY ONE - CITY COUNCIL MINUTES - JUNE 24, 1997 -
financially for the City and the tab will have to be picked up by the
homeowners. Business is vital to the community. He noted that if it is
necessary to pay a little to get a lot in the long run, then so be it.
Son-In-Law of Ray Hull, addressed Council and the audience in honor of his
Father In Law, Ray Hull and gave a background of Former Mayor Ha11s life.
He stated that Former Mayor Hull was proud and pleased with the progress of
the City and was proud of the community's achievements. He stated that
Former Mayor Hull passed away on June 7, 1997. He thanked the Mayor
and City Council for allowing him the opportunity to publicly remember his
Father-In-Law and honor his memory as Past Mayor of the City of Lake
Elsinore.
CITY MANAGER COMMENTS ~`~
City Manager Molendyk commented on the following:
1. Encouraged people that were at the Council Meeting for the first time to go
and meet with the Finance Director or one of his staff to look at the operating
budget and notice that for the last couple of years it has been $10 million and
next year it will be $7.2 million. He noted that part of the problem is with the
laws that are passed on the State level that give no time to cities to prepare
and implement changes. He explained that the intent of the law is good, but ~
does not provide enough time for cities to transition. City Manager
Molendyk explained that you can't loose as much revenue as this City has lost
in the last four years and stiii provide the same level of service. He asked the
people who addressed Council in regard to funding for the City, when the last
time was that they spoke to the County Controller or their State Legislators in
regard to lost funds that should have been generated to the City for services.
He stated that the $700,000 the State kept would support the parks, and the
public cannot always blame the local official since the responsibility goes
beyond that level. He pointed out that there aze other impacts that ha~e
impacted the budget revenue and brought the City to where it is. He asked :.
that at the same time the public is challenging the Council he would ask that:;~
they challenge their County Supervisor and other State elected officials that
have had more impact on our budget in the last three years than this Council-
has. He noted that he has been with the City a long time and the self _.
proclaimed experts have worked a long time to discredit the Council and ~,.
members of staff to say that the City is broke. He asked those same people;-if
the City is broke, how can the City come up with money to provide services.
He noted that the same people are now saying reach into this or that fund
which would buy approxixr-ately nine months to support the services and even
if staff could do that, at the end of that time the City is broke again and does
not accomplish anything. City Manager Molendyk stated that for all the
prospective candidates, when you get on Council you will find out what staff
has said is true. He concurred with Mr. Holland to advise the public to take
the time to research and make up their own minds.
~
;~~: asr~, ;~r~
PAGE TWENTY TWO - CITY, COUNCIL MINUTES - JUNE 24, 1997 :;
2. Responded to a question from Council regarding the RDA and explained that
funds have been transferred to meet debt service and contractual
requirements. He explained that there is nothing illegal about that acrion and
at the same time the City has legal obligations just like any corporation that
we have to meet. He stated that the City Attomey would agree that it would
be a lot more expensive if the City did not meet it's contractual obligations
through lawsuits and settlements.
He thanked the community and noted the population growkh and outlined
some of the major improvements in the community. He stated that looking
back there has been a lot of progress and unfortunately all the public heazs is
the negative stuff and that is not fair. He thanked all the Councilmembers he
has worked with through the years and noted that he has learned from all of
them. He thanked the Plauning Commissioners as well. He commented that
13 years ago the City of Lake Elsinore had a national record for trash and
abandoned cars and through the efforts of Council and staff throughout the
last 13 years that has been changed completely. He stated that if the public
compares the accomplislunents of a sma11 staff of 33 serving 27,000 people to
other cities with similar populations, he felt that our staff has done a superior
job. He noted the stability of staff since he has been with the City and
explained that this allows the citizens to receive better service. He asked the
public to support staff through this rough period. .
4. Thanked the positive community leaders that worked for the betterment of the
° community and encouraged fiuther community leadership.
~ 5. Reflected that when he started in government a community activist was a
positive person who wanted to work to better the community. He further
noted that in past politics when different groups did not agree, they still
worked toward the betterment of the community and they compromised. He
noted that this is something that needs to be exercised in this City. He stated
- that he sees a new group in the City who is a"Their Way or No Way" type of
~ group and noted that a community process is supposec to come up with a
solution that works for everyone.
6. He stated that he has stayed with the City for the last 13 years because he
really fells that it has a bright potential future. He explained that the way to
get out the problems that the City is experiencing is through Economic
Development, but the important thing that goes along with that is image. He
4 noted that if the community doesn't have a positive image, no one will come
here and invest in businesses. He noted that tonight most people did not
address a positive image, but rather what ~vas wrong with the community. He
stated that this is just like telling your child that they are not good, then he has
a poor image of himself and that is what is happening to the City. City
Manager Molendyk explained that for the last ten years the City has worked
at improving it's image and in the last year we have been sliding backwards
over the petty junk. He stated that each individual should not take the word
PAGE TWENTY THREE - CITY COUNCIL MINUTES - JUNE 24, 1997- ,.
of someone who comes up to the mike at a Council Meeting, but rather
research the issue and make up your own mind.
7. Wished Mr. Watenpaugh and the staff a challenging future since no two days
are the same.
8. Noted that in his years of service he has been involved in the development of
a lot of parks that he is very proud of and the ones in Lake Elsinore. He
further noted that Parks add pride to a community and he encouraged the
voters to get out in November and take a good look at the selections for
services that are being offered and help to solve the problem.
9. Closed his comments by quoting the following: I shall pass through this world
6ut once; if therefore there be any kindness I can show; or any good thing that
I can do; let me do it now; let me not defer or neglect it; for I shall not pass
this way again.
CITY COUNCIL COMMENTS
Councilxnan Metze commented on the following:
1. Commented on the letters regarding the Council Meetings on T.V. and _
explained that tabling an item means that essentially it goes away and thanked
Ailene DeJong for her letter and all the other people as well. He stated that
the Council Meetings will remain on T. V.
2. Acknowledged Mrs. Risk's letter and stated that he is working on a formal
response.
3. Wished City Attomey and City Manager Molendyk the best.
4. He noted a11 the accusations with nothing to back them up. He stated that a11
the fancy political buzz words have nothing to back up these things. He ;~,
asked the public if they thought that the Council had $5 million, why would ..
they close the parks down; and noted that this does not make sense. He
stated that a11 of these ideas are crazy. He stated that the money is to pay
debt service and if Council did not, then there would be a lot less money andk
there would be even less service. ,ft:-
5. Noted that six years ago the City had a$12 million budget with a 6% growth
rate and now we are down to an $8 million budget and will be reduced next :>.
year. He stated that the State of California is taking away the money. He
encouraged the public to call their State Senator and State Assemblyman to
complain about the lack of funds to the City. He noted that there are several
things that the City is doing through the League of California Cities and
California Contract Cities to try and get the State to give back the money to
the cities and asked that they asked their State representatives to support the
cities' efforts. He explained that Measure BB was about quality of Life
,s
,
~~; ;~ ~+,~~,;~,~
PAGE TWENTY FOUR - CITY COUNCIL:MINUTES -:JUNE 24,-1997.
and that is why we had to have Measure BB due to a$4 million loss in the
budget. He explained Council's position regarding the new ballot measure
and stated that they can't please everyone.
6. He stated that Mr. Dean was welcome to play football at the Stadium as long
as he follows the simple process which is the application, meeting all the
conditions and payment of fees. He noted that the other team that is playing
has filled out the application, met the conditions, paid their fees and it is as
simple as that. He explained that the City rents the Stadium to anyone that
wants to rent it.
Councilman Alongi commented on the following:
Invited Mr. Holland to debate him on his T.V. show and commented that they
would see who's wrong.
2. Stated that he felt that the Comxnittee should be sent home due to their
ineffectiveness caused by pointing their fingers at those who voted against
Measure BB. He stated that no matter what they come up with they will not
overcome the animosity they have caused. He explained that you can't get
peoples support by calling them names; calling them negative; just because
they don't agree. He asked what happened to democracy in this Country. He
noted that a decision is based on what the person thinks is right or wrong and
not what someone else thinks.
~j< 3. He stated that this is the Council elected by the citizens of the City of Lake
Eisinore and they should ha~e the right to say what should go to the voter for
a decision. Therefore, if something goes wrong, Council is to blame and not
some citizens committee. He stated that he felt that it was a cop out for the
Council to appoint a committee to do their job.
• 4. Addressed the R.D.A. and stated that they are broke. He explained that
_ Council takes tax dollazs from the General Fund and pays the R.D.A. deficit.
He noted the difference between the R.D.A. and the General Fund. He noted
that cutting service to the parks by 50% would amount to $325,000 to keep
the parks open and the City has yet to meet with the insurance company to
address this issue. He stated that what he felt was that the insurance
company would not care how we watered or mowed, but rather the danger if
the apparatuses in the park are not maintained.
5. Addressed the General Ftmd Reserves and stated that money could be used
from it. He noted money used from the General Fund to pay other peoples
debt to maintain the City's credit rating; money used to pay a claim; money
given to the Chamber of Commerce. He stated that what makes him angry is
that the Council will go to the reserves for anything other than Community
Services. He stated that whether he agrees with Measure BB or not is not
what is important, what is important is the parks and this can be done with
money from the reserves until November.
PAGE TWENTY FIVE - CITY GOUNCIL MINUTES - JUNE 24, 1997
6. Questioned the proposed ballot measure and the $300,000 which is for
restoration of the parks. He asked where this money will come from. He
explained thaf if the citizens vote nn this in November, it will be 18 months
before the City gets the money from the assessment.
7. Addressed Mr. Gray and stated that there is such an animal as a conservative
Democrat and that he is one of them. He noted that he is as conservative as
any Republican, however there are some very liberal Republicans out there as
well. He noted that only half of the committee is made up of conservative
Republicans and they are the ones suggesting how we should spend the taac
dollars.
8. Stated that the Sun Tribune is misleading the public about what he says and
does. He read the article from the paper and clarified whatwas actually said
and clarified his statements. He noted that there is money in the City if
Council is willing to cut the overhead and do without in other areas. He
stated that the theater, ba11 park and Lake are the cause of the parks not being
open, not the State and not the County although they contributed.
9. Stressed the need to approach the public with the right menu to keep the -
parks open and assure the quality of life for the population of the City. He
stressed that there needs to be cooperation between all sides to come to an
agreement that will accomplish what is needed.
10. Thanked the City Manager for his 13 years of service in the Community and
he does appreciate him. He thanked the City Attorney and wished both the
- City Attorney and City Manager the best. °
11. Noted that the Coiuicil has a tough decision upcoming with regard to :
refinancing the CFD's, and he stated that it is a difficult issue and complicated
at best. He stated that putting aside the differences on Council, all of Council
is working hard to put together with the experts a bond issue that the
community can live with. He stated that he does not agree with building more
houses since there is a low tax ratio with housing and he would be more
aggressive in economic development in gaining more industry which would
provide more t~es to provide services. .
12. Announced that he will be on the air Thursday at 7:00 p.m. .~:~
Councilwoman Brinley commented on the follo~ving:
1. Thanked Mr. Hnll's Son-In-Law for coming tonight and sharing. She offered ~
Council's sympathy on the passing of Mr. Hull. She recognized his service to
the community. .
2. She noted that Measure BB is a dead issue and noted efforts on a new
Measure to come forward. She clarified some of the issues that were brought
forward at the podium and noted that the funds from Measure BB were
~~ ~, ~° ~,;~~~
PAGE TWENTY SIX - CITY COUNCIL 1VIINUTES - JUNE 24, 1997 ;;
earmarked and it was promised that the community would receive a statement
each year to show how the money was spent. She stated that this condition
should also be included in the next measure. She noted that Ortega Trails,
Murrieta, San Clemente and other cities are faced with the same situation and
will have to close their parks as well. She explained that Proposition 218 was
passed because the people of California who wanted to have a voice in their
city governments as to how their taxes were spent. Councilwoman Brinley
stated that it was the responsibility of the Task Force and the Council to
present a menu to the voter to allow them to choose the public services that
they wish to have and the menu was not acceptable. She explained that now,
the Task Force and the Council are working on a new menu to give the voter
a broader opporhuiity to pick. She commended the Task Force and explained
that they volunteered their time to help their City.
3. Thanked the developers who have stepped forward to assist in saving some of
the parks in the City. She stated that she wished that the City had the money
to have the parks fully operational. She noted that no Councilmember would
willingly commit political suicide by closing the parks and recklessly
spending the money on something else. She stated that the money is just not
there.
4. She explained that when she was in Sacramento this week the legislators
know that they took money from the City regarding the Lake, however they
had to meet the needs of the State and now the Counties are feeling the pinch.
She concurred with Councilman Metze that all the ciUzens of the City should
- write their State Senators and Assemblymen to appeal the City's position with
regard to funding using the same energy and effort that they apply to
addressing Council.
5. Addressed the new Fire Station and stated that after the last Town Hall
Meeting, the consensus was that they didn't want a Fue Station where the
City had planned to locate and outfit. She stated that the entire community
needs to pull together instead of apart, to create a better community.
6. Stated that perhaps pervious CounciPs have made decisions that were not
best for the City, however hindsight is 20/20 and now this Council is in the
p'osition of making the hard decisions. She stated that they have hired
professionals to guide this Council through this hard time.
`~ 7. She commented on Councilman Alongi's comment about controlling votes
and stated that she does not feel that anyone control the voters of this
community. She commented that she feels that the voters have the
knowledge and intelligence to vote the way there want to vote. She asked
that the voters seek the facts and ask questions to better decide what they
want to see for their City.
PAGE TWENTY SEVEN - CITY COUNCILMINUTES - JUNE 24, 1997
8. Stated that she has enjoyed working with City Manager Molendyk and feels
that he has done an excellent job with the community. She stated her
appreciation for the extra time and effort given to the community by always
being on call and being available to Council. She stated that he is a City
Manager that this City can be proud o£ She wished City Attorney the best
and hoped that he has come to love Lake Elsinore as much as she does.
Mayor Pro Tem Kelley commented on the following:
2
3
Announced that the County of Riverside has awarded a contract for the
operation of the library and will be the first private firm to operate a public
library in the nation and will go into effect July lst. They will be opening the
Lake Elsinore branch on Saturday mornings on September 1 st. She stated
that this is good news for Lake Elsinore.
Thanked the businesses, citizens and developers for stepping forward to offer
solutions for the parks.
Extended sympathy to the Otway family for the loss for Hank Otway.
4. Wished City Attorney Harper the best of luck with his family and Wished
City Manager Molendyk well and commended both of them far a job weil
done. She stated that they would be missed.
Mayor Pape commented on the following:
Thanked City Manager Molendyk and City Attorney Harper on behalf of the
City and commended them for their service and professionalism.
2. Noted that to use the Diamond Stadium it is as simple as filling out the fonns,
bringing in the check and picking the dates.
Stated that it is time to move forward. The election is over and most of flie
people agreed on the issue, but not enough to get the Measure passed and it is
time to move on. He stated that there is another election in Novena~Pr and ._
the Council is responsible for making the final decisions as t~ w~hat gc~r.:,.,v~-_
the ballot, however he does appreciate the efforts of the T~sk F,.; ^e anci ±~:eL° ~
input. He stated that it is very destntctive to start pointir.g :~u ~;~:rs, r~:zme
calling and that it is extremely dishubing to see people pr.~ ~: ~ nu~lr!::~rma~c~~...
,
and mislead people toward their own personal goals and b~r.:•;~s: ~ He not~,r'`
the other cities and agencies who are experiencing the same L~ir~~ ~~:~ *~:,, ~:;:;y~.~
He stated that the City can work its way out of this situation, b~rt i: is g~ing to
take unity. He further noted the revenue reduction and the results of that
situation. Mayor Pape expiained that the Task Force was not trying to raise
taaces, but rather they were trying to restore the revenue
~ _'
' J~t~l.; ~ .. ~. 9`F~r~~ ~:. ''
PAGE TWENTY EIGHT - CITY COUNCIL MINUTES - JLTNE 24,1997
the City loss which was taken by the State, and restore a quality of life that
they thought the citizens would wish to have. Mayor Pape stated that not
every single person in the City is going to be pleased and noted that he has
had several conversations with people and every one of them has a different
idea. He stated that it is terrible to go by the parks and see the fences, and
asked that people consider thankuig the developers and business people who
are willing to help. He futther encouraged people to coniribute and work
toward a positive Lake Elsinore.
4: Announced that the City was successful in getting an AB 926 through the
Senate Natural Resources and Wildlife Committee. He noted that the next
stop is the Senate Appropriations Committee which is another difficult hurdle.
He noted that it has already gone through the Assembly process, but now has
to go through the same hurdles at the Senate leveL He explained that Council
will keep working to try and obtain some funds to help with water quality in
the Lake.
COUNCIL RECESSED TO CLOSED SESSION TO CONSIDER A
PERSONNEL ISSUE WHICH IS THE CITY ATTORNEY'S CONTRACT
AT 10:45 P.M.
COUNCIL RECONVENED WITH NO ACTION TAKEN AT 11:15 P.M.
ADJOURNMENT
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT
11:16 P.M.
W. P"A$°E, MAYOR
ATTEST:
'~
~. V ~ ~~~:9 ~~.d\ , .
~~CKI KA~~.n, CITY CLERK