Loading...
HomeMy WebLinkAbout08-12-1997 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 12, 1997 Ell\ 1m rill aw The Regular City Council Meeting was called to order by Mayor Pape at 7:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze. INVOCATION The Invocation was provided by Pastor Gary Ennis, representing Lamb's Fellowship of Lake Elsinore. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, Assistant to the City Manager Best, Community Services Manager Edelbrock, City Engineer O'Donnell, and City Clerk Kasad. PRESENTATIONS None. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 2, 3, 32 and 33. CONSENT CALENDAR ITEMS Councilman Alongi noted that items 31 and 32 on the Agenda should be reversed. U PAGE TWO - CITY COUNCIL MINUTES - AUGUST 12, 1997 -- Mayor Pape indicated that it was so noted. Councilman Alongi requested an added item to clarify the motion by the Council with regard to matching funds for the parks. The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 3, 4, 5, 6, 7 and 8. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE, TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.. 1. The following Minutes were approved: a. Regular City Council Meeting - July 8, 1997. (FA4.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - June 18, 1997. C. Planning Commission Meeting- July 2, 1997. (F:60.3) d. Design Review Committee Meeting - June 18, 1997. e. Design Review Committee Meeting - July 2, 1997. (F:60.4) PUBLIC HEARINGS 21. Zone Change No 97 -1 and Commercial Project No C97 -4 Cal Burgers Restaurant at 29301 Riverside Drive -Ordinance 1032. (F: 172.2)(X58.2) City Manager Watenpaugh noted the location of the proposed project. Community Development Director Leslie provided an overview of the proposed project, and detailed the location. He provided parcel acreage information and explained that the intent would be to leave a portion of the property vacant. He advised that the zoning change was proposed for the entire parcel, as the Planning Commission felt the entire site should be zoned C -2, and the design was appropriate. He also explained that the Planning Commission approved a Conditional Use Permit. He indicated that staff worked with the applicant on the design to incorporate factors similar to the Outlet Center. Councilman Alongi questioned the C -M zoning areas left in Lake Elsinore, and expressed concern with reducing the zones which would allow for manufacturing. Mr. Leslie noted that the applicant is not asking for a General Plan Amendment, and clarified that the existing M -1 zoning classification was inconsistent with the General Plan in that area. He clarified the zoning further as requested by the applicant for the C -2 to accommodate a drive thru PAGE THREE - CITY COUNCIL MINUTES - AUGUST 12, 1997 restaurant. He noted that staff had suggested that only the Restaurant portion of the site be zoned C -2, with the balance being C -M to allow for some manufacturing uses. Councilman Alongi noted that the General Plan was done in 1990 and it seems to be changed frequently, and noted the cost of the revisions. Mr. Leslie reiterated that the request is more consistent with the General Plan adopted in 1990 than it was before, and noted that staff has made zone changes where needed, to make zoning more consistent with the General Plan. He stressed that in this case, the project would be sticking with the 1990 General Plan, but changing the zoning on the property to be more consistent. Councilman Alongi questioned the handicapped parking and noted concerns for a van pulling in and not being able to get out of the van side door. He indicated that the proposed space is useless, and stressed that consideration should be given to full usage of the spaces. 'Community Development Director Leslie noted that the plan allows for loading or unloading from either side. Councilman Alongi stressed his concern for access to a van with side doors. Mr. Leslie noted the potential choices of parking spaces. Councilman Alongi indicated that by moving one space near the loading zone, it would prevent someone from being blocked in the vehicle. Community Development Director Leslie explained the loading zone and noted the location being discussed by Mr. Alongi. He clarified the access for side loading vans on the diagram of the site. Councilman Metze noted that the same problem exists on either side. City Manager Watenpaugh questioned whether Council was suggesting additional handicapped spaces. Councilman Alongi indicated that was not the intent, but he was looking at a space by the loading zone to prevent someone being blocked. Mr. Watenpaugh indicated that the plan as proposed meets the handicapped requirements, but staff could review the matter further. Councilman Alongi stressed his concern for the potential of someone being blocked in and noted that this is an opportunity to prevent the problem. Mr. Leslie indicated that staff could do so if the Council wants to suggest that as a condition for discussion with the applicant. He explained that the spaces were picked as they were because they are the required size and per the Code with regard to where they are located. Councilman Alongi indicated that he is not concerned with where they are located, but stressed that they should have access wherever they are, noting problems at Albertson's and Vons. Councilman Metze suggested that the Council condition the applicant to provide the third space. Mr. Watenpaugh concurred that it could be added. Mayor Pro Tem Kelley questioned the number of fast food restaurants approved in the immediate area of this project. Community Development Director Leslie indicated that there is a pad at Nichols/I -15, and at CentraVI- 15 there is Douglas Burgers and a Burger King. Mayor Pro Tem Kelley stressed that there are three other fast food restaurants near this site. Mayor Pape opened the Public Hearing at 7:21 p.m., asking those persons interested in this item to speak. Hearing no one, the Public Hearing was closed at 7:21 p.m. . PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 12, 1997: Councilwoman Brinley expressed concerns with the zone changing, and indicated that she has a problem with the fast food restaurant and potential for a strip center. She indicated that she would like to continue this item and have a chance to review it with the applicant to address other concerns. She further indicated that she would like to sit down with the entire Council to see how to best address that location. She stressed that it is a Specific Plan area, and noted that there are concerns which might need to be addressed with the applicant. She indicated that she would like to continue the matter for about 4 weeks to allow for a meeting with the applicant. Mayor Pape questioned the ability to continue this public hearing. City Attorney Leibold indicated that it would need to be continued to a date certain MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO SEPTEMBER 9, 1997. BUSINESS ITEMS 31. =ointment of Official Community of Interest Representative. (F:140.8)(X:60.1)(X:154.1) City Manager Watenpaugh explained that this item is in response to a request from LAFCO for a specific representative. He advised that staff would propose the appointment of Community Development Director Leslie as he will need to do the research and respond to zoning and planning issues. He suggested that it would be better to have staff than an elected official at this point. Councilwoman Brinley indicated that she saw no problem with staff serving as the City's representative. MOVED BY BRINLEY, SECONDED BY ALONGI TO APPOINT COMMUNITY DEVELOPMENT DIRECTOR LESLIE TO SERVE AS THE CITY'S COMMUNITIES OF INTEREST REPRESENTATIVE. Mayor Pape noted that he has dealt with LAFCO a lot over the last year and Riverside County-;is the only one in the State with COI's. He indicated that the COI's were formed purely for political reasons; but noted that LAFCO was implemented to take the political gamesmanship out of the issues. He stressed that LAFCO was intended to be impartial and make logical decisions, but that has not been the situation in Riverside County. He indicated that it has been a situation of land grabs. He suggested that Mr. Leslie can exchange information, but stressed the importance of understanding the position of the Council in doing so. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 32. Seaport Boat Launch Fundin (F:92.5) PAGE FIVE -'CITY COUNCIL MINUTES - AUGUST 12, 1997 City Manager Watenpaugh explained this item and noted that the facility was built through funding from State Boating and Waterways. He corrected the staff report regarding Park Development Fund, and indicated that it should be Developer Park Fund. He indicated that it has taken the contractor over 100 days to submit a proposal of final costs, and noted that there is considerable disagreement, but there are additional dollars needed to address the consultant work, which is requested not to exceed $10,000. Mayor Pape questioned how many days over schedule the work was. Mr. Watenpaugh indicated that it is about 110 days over deadline, and the contractor has requested an additional 113 days. City Attorney Leibold suggested that this matter be discussed in closed session. Councilman Alongi suggested postponing this discussion until after closed session. Mayor Pape noted that there are two issues, one is the lawsuit, and the other is the fees required to address the project. Mr. Watenpaugh stressed the fees and potential need for an expert witness. Mayor Pape noted that this was more of a cash flow issue, as it is possible the City will get the money back due to nonperformance. Mr. Watenpaugh concurred. Councilman Alongi indicated that he has no problem if that is the bill we have to pay, but does have a problem approving it without discussion with the City Attorney in closed session. Councilwoman Brinley questioned if there was a comfort level with the request. City Attorney Leibold suggested that this be considered in closed session, with the Council coming back out and approving the item. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO AFTER CLOSED SESSION. 33. Resolution No. 97 -59 - Ratifvin,g Documents and Actions Related to Special Tax Refunding Bonds of the City of Lake Elsinore Community Facilities Duct No. 88 -3 (West Lake Elsinore). (17:22.3) City Manager Watenpaugh reminded Council that back in December the Council, based on recommendation by financial team, adopted Resolution No. 96 -65. He noted that it has been a longer process to address CFD 88 -3 than was anticipated, but as of yesterday it is a done deal and is very positive for restructuring of the bonds. He further noted that it is favorable that institutions purchased all of the bonds to assist with restructuring the debt. He explained that this item is proposed as ratification of past action by the Council to assure that the action is still in the realm of what was intended to be done. He noted that "Jones Hall" has left the financial team and "Quint & Thimmig" has been added. He commented on the ability to save on interest rates for the bonds, and recommended approval of the proposed Resolution with the modifications and changes to the CFD 88 -3 bonds. W PAGE SIX -CITY COUNCIL MINUTES - AUGUST 12, 1997 Paul Thimmig, Quint & Thimmig, indicated that he was pleased to say a lot of hard work paid off; the bonds were well accepted into the market and the team will now start to rework some of the other pending bond issues. He advised that the deal did close, and there is forward progress, and the requested action is the cuhnination of the closure to assure that the technical items in the deal were addressed. Mayor Pape questioned the expense to the City. Mr. Thimmig indicated that the entire transaction was financed internally and paid out of the refunding bonds, with no cost for the closure. Mayor Pape inquired who makes the payments on the bonds. Mr. Thimmig indicated that they are paid through the special taxes paid by the property owners. He fiuther explained that this funds will assist in solving other problems, while the "B" bonds give the extra punch to collect all of the delinquencies. Mr. Thimmig indicated that it gives the financial team the tools to work with the projects and get them back on the paying tax rolls. Councilman Alongi questioned who serves as the P.F.A. Mr. Thimmig indicated that it is a separate legal entity created in 1989. Councilman Alongi inquired who sits as the P.F.A. Mr. Thimmig indicated that the Council sits as the P.F.A. Councilman Alongi indicated that the City is tied to this by the agreement, and if these go into default again, the City of Lake Elsinore is on the line now. Mr. Thimmig indicated that the City is linked with these bonds in the finance community. Mayor Pro Tern Kelley noted the Council's commitment to long range financial planning with Mr. Gunn, and the restructuring of the bond pool. She indicated that she is pleased and we are proceeding as anticipated. Mr. Thimmig concurred and noted that this is the largest bond tender situation in the State, but stressed the long range plan. Councilwoman Brinley, as Chairwoman of the Public Finance Authority, thanked the financial team for all of the hard work and stressed the reduced risk for the City or the builder. She noted that some people are very interested in building in this area. She expressed personal thanks for Mr. Thimmig's work and for keeping the Council well informed. Mr. Thimmig noted that this success does take away some of the unknowns. Dick Knapp, City- Treasurer, indicated that he wanted to find out the interest rate for the bonds, and noted he was informed that it was a 7.01% bond rate. He inquired whether the bonds were insured. Mr. Thimmig indicated that there is no insurance. Mr. Knapp detailed the bonds which were refinance at 70 cents on the dollar and addressed the overall amount of bonds, and his understanding of the overall cost. He questioned the difference of 10 or 11 million and whether it would be to satisfy the Abaccy Account and the bond payers who have not been paying. Mr. Thimmig indicated that the transaction is highly complicated; and explained that the bonds are not insured, but insurance would not prevent risk for the City, as it only addresses the bondholders. He clarified that they were PAGE SEVEN - -CITY COUNCIL MINUTES - AUGUST 12, 1997 able to get the bond holders to tender the bonds at 70 cents on the dollar, with the realization that their investment did not work out. He concurred that the Bonds are in a greater amount, but clarified that the series B bonds are held by the City and if the delinquent parcels pay, the City will get cash flow, or use the bonds for foreclosure sales. He further concurred that additional bonds were issued which are all held by the City; but explained that they are not an obligation for the City, but a tool for new development.. He stressed the complexity of the program and offered to provide sessions in the Community to help people understand the process. He indicated that the bonds have received the blessing of the market, in that all of the bonds were bought by sophisticated financial institutions. He stressed the importance of the restructuring. Mayor Pape inquired based on the previous comments, the impact of further development. Mr. Thimmig indicated that the City is much better off than a week ago and reiterated the process of bond tender. He clarified that the bond holders agreed to take a discount on their bonds, which has occurred in other areas of Riverside County, with one Agency giving only 33 cents on the dollar to get out of the funding. Mayor Pape indicated that this an interesting process and noted a conference in Monterey regarding work -outs in Mello - Roos financing. He noted that this type of action will be. occurring more frequently throughout the State. Mr. Thimmig concurred. Councilman Metze inquired if the long term plans of Mr. Gunn and the Council are working and benefiting the long term financial picture for the City. Mr. Thimmig indicated that this transaction helped to position the City much better to move forward. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY A VOTE OF 4 TO -1 WITH ALONGI CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 97-59 RATIFYING THE MODIFICATIONS AND CHANGES MADE PURSUANT TO THE SALE AND CLOSING OF THE REFINANCE OF CFD NO. 88 -3 BONDS: RESOLUTION NO. 97-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RATIFYING DOCUMENTS AND ACTIONS RELATED TO SPECIAL TAX REFUNDING BONDS OF THE CITY. OF LAKE ELSINORE FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 88 -3 (WEST LAKE ELSINORE), AUTHORIZING THE ISSUANCE OF ADDITIONAL BONDS, AND APPROVING RELATED ACTIONS. ITEMS PULLED FROM THE CONSENT CALENDAR 2. Warrant Lists (F:12.3) ilk PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 12, 1997 a. July 15, 1997. b. July 31, 1997. Dick Knapp, City Treasurer, commented on the previous item and questioned whether the City would be getting its money back. He noted that the Investment Report for June was not part of this agenda packet, and he would like to see one. He detailed the funds and expenditures for the month of July and indicated that there is still over $2 million for July. He indicated that he still contends that there is plenty of money to keep the parks open and stressed that he would like to see the Investment Report for June. Mayor Pape questioned where the money for the parks should come from. Mr. Knapp indicated that it should come from the reserves and suggested jockeying the budget, as it is over funded. He indicated that there is over $2 million which could have kept the parks open. Mayor Pape questioned Mr. Knapp's logic. Mr. Knapp inquired whether the Mayor could definitely say there were fund commitments for fires and floods of $2 million; and further questioned why the parks are not open. Mayor Pape questioned whether Mr. Knapp had a comfort level with the reserves based on $1.3 million balance. Mr. Knapp indicated that his is talking about June of 1997, not 1998. He fiuther indicated that it is possible to chop $1 million out of the existing budget: MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE ABOVE LISTED WARRANT LISTS AS PRESENTED. 3. StopSiign Controlled Intersection - Heald Avenue and Graham Avenue - Resolution No. 97 -57. (F:162.2) Councilman Metze indicated that he pulled this item to let the citizens know that this is' for approval of the requested stop sign. MOVED BY METZE, SECONDED BY BRINLEY TO ADOPT RESOLUTION NO. 97 -57: Dick Knapp, City Treasurer, noted that he brought this item up because, while he knows it is a $150 sign, he was concerned with the expense of the traffic engineer. He questioned the cost of the City Engineer studying this location and why a $100,000 Traffic Engineer was necessary. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Councilman Alongi called a point of order, and questioned if the Council was changing policy regarding conversation with people at the podium. Mayor Pape indicated they were not. RESOLUTION NO. 97 -57 PAGE NINE'-'CITY COUNCIL MINUTES - AUGUST 12, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. (GRAHAM AVENUE/HEALD AVENUE) 4. Disaster Relief Funds - DesigLiation of Authorized Agent - Resolution No 97 -58. (F:74.1) Councilwoman Brinley requested clarification of this action. City Manager Watenpaugh indicated that it is a housekeeping item to change from past City Manager Molendyk to himself, on applications for FEMA refunding. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97 -58. RESOLUTION NO. 97 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING CERTAIN OFFICIALS AS INDIVIDUALS AUTHORIZED TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER FEDERAL CIVIL DEFENSE ACT OF 1950 AS AMENDED (PUBLIC LAW 920, 81ST CONGRESS, 50 USC APP.2251- 2297). 5. Request for Overni hg t Camping at Lakepoint Park. (F:114.4) Councilman Alongi expressed concerns with this issue; noting that R. V.'s have propane and gas tanks and this would be within a fenced park. He further noted the potential for problems with motor homes and only one entrance into the park, with no fire lanes or fire hydrants. , He noted that he owns a park and has seen fires and the damage they can cause. He suggested that it was looking for trouble to allow camping in the fenced area; and indicated that if the Council wants to move the campers to the parking lot, he would have no problem. City Manager Watenpaugh responded that the request is for the RV's in the parking lot on the hard surface; and there will be no fire allowed. He explained that the campers would need gray containers with no discharge allowed in the area. He further explained that the event is in the inlet channel with additional porta - potties, ongoing supervision, CSO's and Lake Patrol. He also explained that the request is for approximately 20 R. V.'s and 20 tents; with the tents being on the grass area where they will not interfere with the sprinkler system. Mayor Pape indicated that there was no way the City would allow R. W s to park on the grass. Councilwoman Brinley noted her discussion with Mr. Watenpaugh, and PAGE TEN CITY COUNCIL MINUTES - AUGUST 12, 1997 indicated that the event will be self contained, but expressed concern with dumping of gray water. She also expressed concern with the tents in the park area, and cooking on the grounds. She stressed that there would be no cooking on site. She noted that there will be CSO's there to patrol and ensure the event has no problems. Councilman Alongi indicated that if the Council goes by what was written in the agenda, it states that Lakepoint Park will be used as a staging area for the participants and use of motor homes as close as possible. He stressed the number of campers proposed for the park and his understanding that they would be in the park. Mayor Pape noted that he met with staff and received additional information. City Manager Watenpaugh indicated that the point was well taken. Councilman Alongi questioned why the correct report was not before him. City Manager Watenpaugh indicated that staff made the assumption that the R.V.'s would be in the parking area. Mr. Alongi indicated that the tents should be in the parking lot as well. Mayor Pro Tem Kelley noted that this is a regional event and detailed the dates of the event. She indicated that she had her question clarified with regard to the parking lot. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO WAIVE LAKE ELSINORE MUNICIPAL CODE SECTION 8.40.040 (G) AND APPROVE THE REQUEST FROM THE INTERNATIONAL NOVICE TOUR (INT) TO ALLOW OVERNIGHT CAMPING AT LAKEPOINT PARK, OCTOBER 23 -25, 1997. Councilman Alongi indicated that he would support this action, as long as they are on the parking lot. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:07 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:25 P.M. 6. Request for Approval to Close Main Street for a Special Event. (F:62.1) Mayor Pape noted that there were last minute changes to this request. City Manager Watenpaugh explained the request for closure on a portion of Peck Street rather than Main Street from 4 to 10 p.m. for promotion of a local singer and her new C.D. He advised that the applicants have completed all of their paperwork, paid the fees and obtained insurance. He reiterated the change for the Peck Street Closure rather than Main Street. He advised that the applicants will provide barricades, two police officers for security and PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST ..12, 1997 porta- potties. Councilman Alongi questioned this item and indicated that the City should not be closing off streets for a private business. He fiuther indicated that this business backs up to a parking lot and it would be easier to control the situation in the parking event. He stressed that this is a private event and he would prefer to see it in the parking lot. Marian Smith, 23895 Oak Circle Drive in Wildomar, applicant, indicated that in checking the available parking, this request would only be using four to six parking spaces on Peck Street. She further indicated that use of the parking lot would interfere with the restaurant parking. She clarified that only the back room of the facility would be used for a private reception, but . they are expecting 100 -300 professionals from the record industry and 100 - 200 other guests. She stressed how this event would draw business to the community, and explained the event as planned. She indicated that "Echo" would be performing on an hourly basis. Councilwoman Brinley inquired if Echo grew up in Lake Elsinore. She indicated that she was raised and schooled here. Mayor Pape inquired if the downtown stores would remain open for the event. Ms. Smith indicated that it will depend on this approval, but they have not yet canvassed the businesses. Mayor Pape noted Item 31 in the request which stated plans for using volunteer youth groups. Ms. Smith indicated that they have access to a lot of resources, pending Council approval. Mayor Pape questioned whether they have appropriate insurance for the event. Ms. Smith indicated that it is lined up. Mayor Pape inquired whether they have the barricades. Ms. Smith confirmed. Mayor Pape inquired of Community Services Manager Edelbrock about the procedures in place to assure clean up after the event. Ms. Edelbrock indicated that the applicant met with the Special Events Committee yesterday, and while they have not yet made firm plans for the clean up the options have been discussed. She indicated that they will be meeting again, following Council approval. Mayor Pape suggested that verbiage be included in the motion to ensure necessary clean up arrangements are in place. Councilwoman Brinley noted Mr. Jackson's work on other events; and indicated that she has no concerns about someone being present to address the trash, noting the $1,000 refundable deposit. She indicated that she finds this to be a positive event, noting that everyone has used Main Street for events and it appears the right way to go. She inquired if the performance would be free to the public. Ms. Smith confirmed. Mrs. Brinley reiterated that this sounds like a wonderful event, and should not be much of a problem on Peck Street She encouraged businesses to stay open for the event, and wished Echo luck with her career. Mayor Pape concurred and expressed hopes that the businesses would take advantage of the increased traffic to the area. Y; PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 129 1997 Councilman Metze noted that he has heard Echo and she was terrific. He stressed that this is a positive event and open to the public. He indicated that with the refundable deposit he sees no problem. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE CLOSURE OF PECK STREET BETWEEN MAIN AND THE ALLEY, DURING THE HOURS OF 4:00 P.M. TO 10:00 P.M. ON AUGUST 23, 1997, WITH ASSURANCES THAT THE TRASH CONCERNS HAVE BEEN ADDRESSED. Councilman Alongi indicated that the restaurant is closed that time. He stressed that this is a private affair, and has nothing to do with the citizens of Lake Elsinore; and indicated that it is closed to the public, with the only allowance being for guests. Ms. Smith clarified that the back room is for guests only, but the front of the store is open to the public. Councilman Alongi indicated that the Agenda says the business is closed and he still sees a problem with closing the street for a private affair. Mayor Pro Tem Kelley stressed that this she sees this as a positive event, as she has also heard Echo. She indicated that she has no problem with closing Peck Street. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. Echo thanked the Council for this approval. 7. Acceptance of Quitclaim Deeds for Water Rights from Various City Proiects at 31300 Casino Drive 18461 Dexter Avenue and 16851 Lakeshore Drive. (F:132.1) Councilman Alongi indicated that he is opposed to the City forcing people to give up their water rights. He further indicated that valuable consideration means they received something and he does not consider a building permit a valuable consideration. He also indicated that the City does not have a water system to protect and noted that E.V.M.W.D. is not receiving the Deeds from the City, and questioned the use of the deeds. He reiterated that he opposes this type of action and the taking of rights for public property. City Manager Watenpaugh noted that this action is pursuant to City policy in place since prior to sale of the water district. He advised that the City continues to accept them to prevent people from drilling wells, but if the Council wants to change the policy, staff could investigate. MOVED BY KELLEY, SECONDED BY BRINLEY TO ACCEPT THE QUIT CLAIM DEEDS FOR WATER RIGHTS FROM 31300 CASINO DRIVE, 18461 DEXTER AVENUE AND 16851 LAKESHORE DRIVE; AND AUTHORIZE THE CITY CLERK TO RECORD THE DOCUMENTS. PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 12, 1997 Councilman Alongi indicated, not to contradict the City Manager, but this policy came into being after the sale of the water district; as these were not collected when the City owned the water district. He expressed concern with holding up the rights of residents to drill water on their property. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 8. Acceptance of Quitclaim Deeds for Street Right -of -Way from Various City Projects at 16851 Lakeshore Drive and 31300 Casino Drive. (17:132.1) MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE GRANT DEEDS FOR STREET RIGHT -OF -WAY ON 16851 LAKESHORE DRIVE AND 31300 CASINO DRIVE; AND AUTHORIZE THE CITY CLERK TO RECORD THE DOCUMENTS. PUBLIC COMMENTS - NON- AGENDIZED ITEM Jeannie Corral, CAP Parade Committee, extended an invitation to attend a parade to celebrate the youth in the community. She explained that this idea was generated from the CAP Conference and stated that she has submitted a tentative plan to Community Services for the parade route. She noted that the parade is scheduled for Saturday, November 1 st at 9:15 beginning and ending at Elsinore Middle School. She further explained that they hope to put unit back into unity and will be celebrating the accomplishments of the children. She stated that this will be a foot parade and they will be using the School Resource Officers to assist with the policing. Larry Cossak, School and Community Improvement Committee, stated that the main purpose of the parade is to celebrate the great things young people have done in the school and indicated that it will honor the accomplishments of the students both academically and in the arts. He stated that they would like to give the public the opportunity to see what they have accomplished and how well the schools are functioning. Mariana Mohylyn, 305 W. Sumner commented on the need to have safe sidewalks and stated the need to open the parks for the children. She stated that she feels that the water mineral rights belong to the individual property owner. Nita Van Heist, indicated that no one gets a straight answer from four of the Councilmembers. She commented on the ownership of the Stadium and indicated that technically we did not own the land until the grant deed is recorded. She presented a copy of the contract with the Storm team and commented on the costs of the stadium. She stated that she has never seen anything so lopsided. She noted the term of the contract and suggested that we demand fiscal responsibility and hoped that four of the Council would be gone in November. 4rcy PAGE FOURTEEN - CITY COUNCIL MINUTES - .AUGUST 12, 1997. , Carol Miller, noted that she has a lot of social contracts with people in Lake Elsinore and there is a lot of upset people in the City. She asked that the Council consider doing a simulcast of Council Meetings in Spanish. Chris Hyland, 15191 Wavecrest, stated that there is money to keep the parks open and if the Council did not spend money frivolously there would be enough money. She addressed supplies and services from out of the area and noted a bill for business cards for Dick Watenpaugh and for Ron Molendyk who is supposed to have resigned. She stated that she has taken the business card to three printers detailed the cost quoted by each business. She stated that the printer that the City used is in Fallbrook and she felt that we should keep the money in town. She indicated that the City paid Auto Club dues for Mr. Molendyk and purchased a computer from a company with no address or telephone number and further indicated that others would have sold it for much less. She noted the electric bill for the park lighting and stated that something is very wrong and feels that it is unjust since the City gave paradise Chevrolet $300,000 and they gave the concrete business to an outside contractor. She stressed that if developers are given money, they should use local business. Marian Segletta, commented that it is very difficult for her to speak about things which she is passionate about such as the children and their rights. She expressed concern with the funding for fencing and signage and noted that there used to be places for the children to play, however not anymore. She noted that her neighborhood is turning into a ghetto and asked that Council find peaceful solutions to the problems. She stressed that there are a majority of working parents that live in the City and they need places for the children to go. She stressed that there are buildings that are empty and suggested that the Council needs to network more with the community to provide for the children. Lee Allen, 270 Avenue 9, has been in town almost 30 years and stated that in all . that time he has seen no improvements in City Councils who feel that they can treat the public like children and do not provide anything for the public. He stated that Council should be more in tune with what the public wants, rather than what they want. He commented that if the Council could find the money to fence the parks, then they could have found money to keep the parks open. He questioned why the Council would expect the citizens to give them money, when they do not handle those funds appropriately. He stressed the need to get out and vote and don't throw good money after bad. Linda Nanette, asked if it were possible for the Council to publish in the Sun Tribune what money has been spent from the City's coffers. She stated that she understands that a printout is available at City Hall, however many citizens don't have the opportunity to do so. She stated that she would not like to see the breakdown mailed because of the cost. She stated that with a monthly financial report published in the local paper, the people of the City would be more willing to accept a tax increase because they would know how their money is spent and gives ordinary people an understanding of necessary expenditures. PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 12, 1997 James Grey, Mimosa Drive, noted his long term goals for himself and his family. He indicated that one of the biggest crisis facing this country today is the breakdown of the family. He commended the people who have been married for 50 years or . more and stated that we could all learn something from their example. He noted that families choose Lake Elsinore with the intent of making this City their long term home and he feels that if everyone works together, then the right choices will be made for the common good. He felt that closing the parks was a crime. He stated that he is running as a fiscal conservative and will promote discipline spending. He asked that Council not wait until November to start working toward a common goal. He motioned that the fences come down at all parks and water be restored. Donna Scharff, addressed parks as serious investments and stressed that people want funding to open and operate parks as a top priority by this Council tonight. She indicated that the current funding will be depleted by two Council Meetings from tonight and she does not doubt that they will be closed. She questioned if the public realizes that the Council was willing to incur million in public property damage and asked how the community will pay for it and asked if they were planning to assess the community or pull it from the reserves. She indicated that people should not forget the money that was spent on fencing that would have kept the parks open until November to allow the youth sports. She commented on the, meeting that was held by her and gave an overview of the comments that were given. She indicated that the City has great potential, however there are many people that are offended by Council's actions. She questioned what will happen if a measure is not approved in November and noted that due to the financial and political climate of the City, people are just fed up. She stated that no one can win and all will loose in November. She indicated that there is $1.3 million in reserves and stated that she has only one question and that is what were they going to do with the money to fix the parks. Councilman Alongi called for a point of order. Ms. Scharff indicated that she had completed her comments. Dale Hite, noted that his name will not appear on the ballot in November, however.: this will not prevent him from being heard. He stressed the need for citizens to see, what is going on in the City. He noted that he had been pulled over by police the night after he spoke at a Council Meeting and questioned whether it was coincidence or retribution. He stated that he was appalled at the attitude of the officers toward concerned citizens. He noted a bike theft at gun point in front of Circle K and gave an overview of the officers attitude. He suggested the need for a Police Commission to police the police. He commented that it is time to reinstate the trust in local government officials and is time for a changing of the guard on the Council. He suggested a vigilante committee to protect the children. He stated that he does not believe that Council wants to keep the parks open. He stressed the communities investment is the future of the City. Edith Stafford, Elm Street, indicated that the Mayor is very rude. She noted that some people are give the right to speak up to 15 minutes while he has others PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 12, 1997 removed just as soon as their 3 minutes are up. She suggested that the Mayor resign and get out of the kitchen. She expressed the opinion that the closure of the parks was used as a campaign tactic which is being used to get the Measures in November passed. She stated that if the water is turned off long enough the trees and grass will be dead. She stressed that too many people know the truth and they know that this Council is holding out to spend the money. She stated that the fencing is a liability because the children will start climbing them and the parks would be better off without them. She stressed that the Mayor should not be rude since it is his job to listen to each speaker whether he likes what they say or not. She stressed that the parks should be opened to prevent liability for children in the streets. Ava Swain commented that she is a new homeowner with two questions. She noted that she pays Mello -Roos and asked the Mayor if support of the parks was placed back in the General Fund would it be necessary to tax the homeowners. She asked Councilwoman Brinley that if the Measure does not pass in November, what is the plan. Harriet Boyd, asked the City Attorney who was responsible for the Mello-Roos.. She stressed her lack of understanding and noted her emotional concern regarding the closure of the parks. She asked how she could assist is opening the parks. She commented on the condition of the parks today in comparison to the past and commented on the hazard of the fenced parks. She stated that she knows that the water is on, however it is not enough. She stressed her upset over the parks and requested consideration of the amount of Mello -Roos she is paying. Calvin Bob, 806 Napa Court, stated that he is also a new resident of Lake Elsinore and was at the same meeting as Mrs. Boyd. He stated that he represents the new citizens of Lake Elsinore and they are very concerned about the parks just as the long term residents are. He stated that they are willing to do whatever it takes to get the parks opened. He further stated that parks open on a limited basis are not enough and will not work for the parents or the children. He noted that quite a few people are upset with the Council because they feel that Council is holding them hostage. He asked if Council is willing to work with members of the community and to look at the budget and work out a resolution to the problem. He stated that the only other option is to vote in a new Council in November. Mr. Bob stated that no one in the City is comfortable with the situation and everyone is very emotional. He noted a neighbor who was out advising the residents of this meeting and was nearly attacked. He stressed the well being of the people and the parks is a big issue and advised that he and others are here for the long haul. CITY MANAGER COMMENTS City Manager Watenpaugh commented that the newspaper awarded the City with a rose for finding a nonconfrontational resolution to the outlaw boat races. He noted that the individuals that were involved were told that if they wished to go through the processes that the City would be glad to see the races. City Manager PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 12, 1997 Watenpaugh stated that in the future he would like to see a section for City Attorney Comments and he deferred to City Attorney Leibold for her comments. City Attorney Leibold stated that she had one housekeeping item. She noted that at the last Council Meeting staff was authorized to proceed with a contract for janitorial services and this was done through special provisions of the State Public Contract Code, subsequently she has reviewed those provisions as well as the City Municipal Code and have found alternative authority to fulfil the same direction of the City Council without the requirement to come forward with a resolution. She noted that was the reason why there was not a separate resolution presented for that issue. Mayor Pape asked the City Attorney to comment on the ownership of the Diamond Stadium. City Attorney Leibold clarified that there is more than one way to convey real property and noted that the conveyance that took place several years ago, legally vested title in the City. The grant deed that was recently recorded reconfirms that conveyance and makes the ownership and title of the property a point of legal record, however title did legally transfer some years ago. Mayor Pape noted that the City had title insurance on the property and asked what effect that has. City Attorney Leibold stated that it insures that the City has valid and legal title to the property. Councilwoman Brinley requested clarification. City Attorney Leibold stated that title insurance insures that the City has valid title. CITY COUNCIL COMMENTS Mayor Pro Tem. Kelley commented on the following: 1. Thanked the School District for the CAP Conference in Palm Springs and made note of the committees and programs which came from that conference. She stated that this is the 3rd or 4th year that she has attended and stressed the benefits of the committees. 2. Asked the City Manager to address the questions regarding the computer, lights and cement. City Manager Watenpaugh noted that the computer was purchased following a staff committee which met to establish an Internet page for the City. He noted that staff went through a variety of agencies and the Air Quality District provided the funding to purchase the computer and the software. He noted that the City wrote the check, however the funding came from outside the City. He addressed the parks lights and stated that the electrician removed the magnetic switches due to a problem with groups using the lights. He explained the required adjustments and costs. He further addressed the cement and the issue of buying outside the City and noted that we must follow the required bid process and the City cannot mandate that it be City businesses only. He further stated that we can suggest and encourage that developers keep the money in the community and support local businesses, however we cannot mandate it. PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST , 12,.1997... 3. Stated that she felt that putting a financial report in the local paper was a good idea and will be looked into. She stated that she has already talked to someone in the Sun Tribune about posting the Agendas and give the public an idea what will be addressed by Council. 4. Concurred with Mr. Gray regarding the importance of families and long term marriages. 5. Addressed Mrs. Boyd regarding Mello -Roos and clarified that the fees are a vehicle for the developer to install infrastructure in the development. She stated that the money does not come to the City. She stated that the Mello -Roos is a way to put in the infrastructure and lower the cost of the homes to assist in qualification for purchase. Councilman Alongi commented on the following: L Concurred that bonds are difficult to explain, however it does not lower the cost of homes. He noted that the cost of the infrastructure increases the cost of the house, however it does reduce the qualification requirements. He indicated that the homeowner will pay about 30% more for infrastructure. 2. Addressed title insurance policies and noted his personal experience with a lien which took two years in court to clean up. He stated that it does offer a measure of protection, however it is not absolute. 3. Addressed the boat races and stated that he is tired of the law abiding citizens going without a service because of those who do not follow the rules. He stated that the rules should not be changed for the crooks. 4. Addressed the $50,000 for trash collection at the ball field. He stated that CR & R does not charge the City for the trash collection at the ball filed, however it does cost CR & R $50,000 a year to collect the trash at the ball field and that does directly affect the citizens rates due to the impact that it has on services that could be provided to Senior Citizens rates or monies donated to parks or some other service instead. He stated that the ball field needs to pay for trash pick up themselves since they generate the trash, they should be responsible for it. 5 Commented on the cement from Elsinore Ready Mix. He stated that the reason that we are supposed to invest in these ventures is to bring jobs to our community and to give business to the local merchants. He indicated the advantage since the City also profits from the sales tax which supports our services. He stated that staff does not suggest that the developer use local businesses, but rather we tell them to use local businesses or go on down the road. PAGE NINETEEN —CITY COUNCIL MINUTES - AUGUST 12, 1997 6. Addressed the street closure. He stated that there is a difference between a public and private venture and noted that closing the streets for a parade is completely different than closing the streets for a private venture since a private venture is for their gain and their profit. 7. Stated that he is surprised with the attitude of one of the Council since her interest is with the development of children's minds. He felt that she would be concerned about their safety as well. 8.. Addressed the recall efforts and stated that each individual should read the recall petitions to be sure of what you are signing. He cautioned the public not to listen to the rhetoric and if the public has a question, then call the Council and ask, and if the answer you'receive is not in agreement with your thoughts, then go and sign the petition. 9. Addressed the Sun Tribune and stated that they are whiners. He noted that he can tell who they will support in November. He stated that if two of the people who are running for Council are elected, then the parks will be opened and they will be opened indefinitely. He indicated that the City Manager does what the Council tells him to do... He read the editorial and stressed that the paper is responsible for fractionalizing the community. He indicated that it does make a difference who sits on Council. 10. Made note of letters he has received regarding the parks and explained that the Council needs to step back and see what it takes to open the parks. He noted that the fences can stay up, but now spend the money to keep the parks open. 11. Commented on the grand plans that are placed before Council and then when they are placed on an Agenda, we receive a letter requesting a postponement for 30 days. He stated that before they approach Council they should put their money where their mouth is. 12. Commented on the point of order at the podium and stated that the City Council Policy dictates any Councilmember can yield the floor to the speaker. He stated that if Council doesn't want to abide by the City Council Policy, then change it. He indicated that the City Treasurer should have time on the agenda and stressed that we are paying him to do a job; he is an elected official; and the public is entitled to hear what he has to say whether it is right or wrong. 13. Announced that "More Than Three Minutes" will be back on the air Thursday, August 28. He stated that he has had requests for a Spanish parlor program, however Media One does not have the technology to PAGE TWENTY -CITY COUNCIL MINUTES - AUGUST 26, -1997 do that but he will arrange for an interpreter. 15. Noted that the City is looking for drivers for water trucks and there will have to be a test for driving the tank trucks and a California Drivers License is required. City Manager Watenpaugh stated that the driver will need to have a tank certification on his drivers license. Councilman Alongi stated that this is being asked as a community service to assist with the parks until financing is straightened out. Councilman Metze commented on the following: 1. Offered to meet with Mrs. Boyd after the Meeting and stated that he would be glad to talk to her or get information for her. 2. Stated that he felt that it was an outstanding idea to put a financial report in the newspaper. 3. - Would like to see a Town Hall Meeting to present our financing plan and would like to see our finance team present this to the public. He stated that he felt that a Meeting would benefit the public and help them to understand. 4. Commended Wal -Mart for their efforts to help support the parks. He stated that they have planned a Carnival on Labor Day Weekend and buttons as well as all the other activities and businesses that are getting involved with them. He stated that the City need lots of help with the parks. 5. Read a memorandum from Senator Ray Haynes he received this week regarding Proposition 218 and the policy brief on the Education Revenue Augmentation. He Po*.ed the shift of County and City Funds to education and indicated that the fiuiding is not enough and 10 years is too long. He stressed that people need to call their legislators at a higher level rather than just at the local level. He further stressed the need to tell them to give our money back. He stated that Council is taking the heat for the other agencies and stressed the amount of money that the City is loosing to the State. He noted that they have admitted that they did take some fiords away from the City. Councilwoman Brinley commented on the following: 1. Thanked Mr. Glum and Associates for refinancing for the bonds and stressed this was a tough issue to work out for the financial program. 2. Thanked Jeanie Corral for taking time to discuss the CAP parade to celebrate the achievements of our children. PAGE TWENTY -ONE - CITY COUNCIL MINUTES - AUGUST 12, 1997 3. Addressed Linda and noted that she has never done anything with spite or malice toward any children. She noted that in Measure BB as well as the new Measure she had asked to include an annual financial statement on how the money is spent. She further noted that it was at Council's suggestion that the Citizens Task Force be put in place to oversee the funds as well. She stressed the that there will be a menu of services that the voter can select from in November. She noted that when Proposition 218 was passed by the voters there was a lot of confusion over the impacts that 218 would create and it did not leave enough time for cities to address the impact and decide what to do. She explained that not one person wanted to close the parks and that Council and the community need to work together. She stated that she would be working hard for the upcoming measure. ; She concurred that Council should be accountable and stressed that they will keep working for a solution. 4. Addressed Mello -Roos and stressed that the City was a conduit for the developer to use and it is the choice of the developer. She fu rther w stressed the legal right of the developer. She stated that the Mello - Roos Assessment should have been disclosed at the time of the purchase of the home. She concurred that it builds the parks, but they are turned over to the City for maintenance. She pointed out that Measure BB was for park maintenance, however the measure failed and that is why Council is now working on a menu for the November election. 5. Addressed Mr. Gray and indicated that public safety has always been a priority and the City has never taken away from those services. She noted crime reduction in recent years and stressed their achievements. 6. Noted that she has listed to Mrs. Scharff and commented on the meeting in her home. She stated that she takes grave offense to comments that the Council doesn't care. She explained the reserves for the coming fiscal year and stressed that it is only $1.3 million. She noted the pending lawsuits in the courts and explained that if we should loose or settle we would have to go to the reserves to pay since they are not budgeted items. She further noted the potential for an emergency and highlighted past events. She commented on past fires, and their related costs. She stressed that it is the Council's responsibility to the community as a whole. 7. Noted that the parks are open right now at a 50% level and that they are being watered and mowed, however there is no organized sports at this time. She stated that the children have access to the play equipment and the only prohibition is against organized sports. She commented that there is a book available at City hall regarding the impact of Proposition 218 and noted that the County is just now PAGE TWENTY -TWO - CITY COUNCIL MINUTES - AUGUST.129 1997, addressing the necessary cut backs. She expressed her understanding of the frustration and anger of the citizens and noted that her children played in the same parks. She stressed the need for volunteers to help with the water trucks and the need for help with the education of the community regarding the menus of the new measures. She noted that it is vital that the community know what is going on. 8. Stressed that the citizens be careful when signing recall papers and stated that they should call for the correct information. She noted that recalls are based on negative issues no matter who is doing them 9. She pointed out that this Council has had a lot of hard decisions to make and has had to make some very tough ones to get the City back on the road of financial stability. She stated that Council needs the community to work with them. Mayor Pape commented on the following: 1. Commented on a Cal -Trans news release on the closure of Highway 74 between lake Elsinore and Perris with 30 minute delays, Monday through Friday, 8:00 a.m. to 4:00 p.m. 2. Addressed the computer system and software that the City received through a grant awarded by the AQMD. He noted that is interesting how someone could make it sound like a negative issue. He further noted a news story on staffs efforts to develop the program. 3. Commented on the Community of Interest issues. He stated that Wildomar may become a City in the future and there is some logic to address it, however he noted that a COI is not really necessary to prevent annexation. - 4. Stated that he was asked to advertise that there are going to be buttons for "Adopt a Park" this weekend. He stated that a committee was formed and they have met with staff to address the park issues. He gave recognition to Don Summers, Rick Kunstel and Sherrie Kunstel, Venus Printing who put together the effort with the buttons and every dollar that they raise will go for maintenance of the parks. Mayor Pape emphasized that the fiill dollar will go to the parks. He stressed the contributions of those individuals. He further stated that buttons will be available this weekend for $1 each and detailed the locations to obtain them. He stressed the need for support of this program and stated that this is a move toward a solution. 5. Noted the comments in the newspaper from people who do not support the measures and stated that they do not want a solution, only for the City to spend money and not solve the major problems that the City faces. PAGE TWENTY -THREE - CITY COUNCIL MINUTES AUGUST 12, 1997 6. Commented on the conference session regarding Proposition 218 and stated that the measures that passed in other cities occurred because there was a unified Council which said the same things. He noted that we started out that way, but flip flopped a couple of weeks later. He cautioned the public to look hard and long at who is providing accurate information and who is playing politics and expressed his disgust with the way it happens. He stated that we need to look at solutions and find a way to solve problems. 7. Stated that it is not necessary to climb over fences since access points to the parks have been provided. He concurred that it is a difficult situation and no one likes it, which more than justifies working together. I _. 8. Expressed his appreciation to Councilman Alongi for his reminder regarding the need for volunteers for the water trucks. He noted that there is no cost for the water since it comes from the City's sulphur water well. 9. Noted the inaccuracies of the fliers being distributed and stressed that it is vary misleading. He stated that we need to put aside all of the angry discussion and political rhetoric. 10. Stated that people in the community need to volunteer and get the word out regarding the election. He Stressed the need for a funding source for the parks. 11. Expressed his pleasure at seeing the Sun Tribune stand up and lay it on the line with the editorial on recall and parks problems. He noted that it has been clearly stated that the City will not be able to bring back the parks without some other cost to public services. He stated that the city does not have a finite amount of money and the revenue sources continue to decline. She stressed the cuts to staff and programs. CLOSED SESSION a. Conference with Legal Counsel - Anticipated Litigation. b. Conference with Real Property Negotiator - Lake Elsinore..Dia none Stadiiun X - City/TMC /Storm - Discussion of Terms of Proposed Transfer, Including without limitation Price and Terms of Payment. City Attorney Leibold advised that there are three potential cases to discuss under 54956.9 and one real case under 54956.8; and noted that at the conclusion of the Closed Session she would make the necessary announcements and the Council will still need to address the Seaport Boat Launch. PAGE TWENTY -FOUR - CITY COUNCIL MINUTES - AUGUST 12, 1997 THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:20 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 11:46 P.M., WITH THE FOLLOWING ANNOUNCEMENT. City Attorney Leibold announced that the City Council gave unanimous direction to the City Attorney and negotiating team to pursue negotiations on the Diamond Stadium. She further announced that direction was provided on two cases of anticipated litigation. She advised that Councilman Alongi was excused from the Closed Session for the third case, with the remaining four Councilmembers directing Legal Counsel to proceed with that case of anticipated litigation. 32. Seaport Boat Launch Fundine. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE TRANSFER OF $129289.16 FROM THE DEVELOPER AGREEMENT FEES AND AUTHORIZE STAFF TO PAY THE OUTSTANDING INVOICES; AUTHORIZE NOBLE CONSULTANTS TO PROCEED WITH THE RESOLUTION OF THE CLAIM AND THAT STAFF WILL TRANSFER THE NECESSARY FUNDS TO PAY FOR THE SERVICE, NOT TO EXCEED $10,000 FROM THE DEVELOPER AGREEMENT FEES. ADJOURNMENT MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:48 P.M.