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HomeMy WebLinkAbout09-09-1997 City Council MinutesMINUTES . REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 9, 1997 [N_,I1111" riX1 The Regular City Council Meeting was called to order by Mayor Pape at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. INVOCATION The Invocation was provided by Pastor Alex Sowins, representing First Christian Church of Lake Elsinore. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Assistant to the City Manager Best, Police Chief Walsh, Fire Chief Seabert, City Engineer O'Donnell and Deputy City Clerk Bryning. PRESENTATIONS A. Presentation - Riverside County Librarwstem..:98.1) Riverside County Supervisor Buster highlighted the history of the Riverside County Library system and noted that a Zone Advisory board has been formed to better address the needs of the Library system. He noted the advantage of using LSSI Library Systems who is now operating the Libraries. U Gary Christmas, Library Manager for LSSI, gave an overview of his company and his own personal background. He addressed the contract with the County of Riverside for the Libraries and noted key items in the contract including: 1) Service hours and staffing; 2) Retention of all existing staff; 3) Increased hours; 4) Money for new materials; 6) Facilities remaining County PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 99,1997 buildings and maintenance; 7) Addressing the needs of the community to improve the use and services; 8) LSSI contributing to the Library System for capitol improvements; 9) Establishment of a Non Profit Library Association. He further explained that they have increased hours and hired additional staff, as well as increasing volunteer hours. He noted that at the end of September they will be ordering new materials. Mr. Christmas explained that they will be adding new services in the future such as Library Express, Library Stations, and a link up with the School District to assist in serving the students of the community. Supervisor Buster noted that there is a new delivery system for book loans. Mr. Christmas explained the program and gave an overview of State Funding which will increase the resources of the system. He explained that the next few years will be spent rebuilding the system. Supervisor Buster commended the new delivery service and announced that the next Zone Advisory Board Meeting will be held at the Kay Ceniceros Center, on September 30th. Mayor Pro Tern Kelley noted that LSSI has increased hours and now provides service on Saturdays, which she feels is a real improvement. Mayor Pape commended Mr. Christmas for opening the Library on Saturdays, since most of the people that live in Lake Elsinore commute and the only day that they can make it to the Library is on Saturday. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 2, 3, 8, 9, and 32. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 3, 5, 7, 8, and 9. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT, TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 1. The following Minutes were approved: (FA4.4) a. Regular City Council Meeting - August 12, 1997 b. Regular City Council Meeting - August 26, 1997 4. Rejected Claim No. 97 -19 - Jerald Gunzallors and referred to Claims Administrator. (F:52.2) 6. Approved the cancellation of City Council Meetings of October 14 and November 11, 1997. (F:44.1) (F:134.1) PUBLIC HEARINGS 21. Zone Change No. 97 -1 and Commercial Project No. C 97 -4 - Cal Burgers Restaurant at 29301 Riverside Drive - Continued from Auglst 12, 1997 - Ordinance No. 1032. (F:172.2) (F:58.2) City Manager Watenpaugh gave a brief overview of this project and explained that the item had been continued from the August 12, 1997, City Council Meeting to give the opportunity to discuss potential zoning and use of the site. He noted that the owner.submitted a letter explaining why they prefer to build a restaurant with a drive -thru on the subject site. Mayor Pape asked if Council needed to reopen the public hearing. City Attorney Leibold stated that since the public hearing was continued there was no need to open the hearing. Mayor Pape asked those persons interested in this item to speak. Mr. George Smyrniotis, owner and applicant spoke in favor of the project and explained that the purpose of the drive -thru was for economic reasons and that it is necessary. He explained that 40% of the business is walk -in trade and 60% is drive -thru business. He detailed the steps taken to satisfy Cal- Trans requirements and noted the position of the drive -thru, which make ingress and egress in the parking lot. He emphasized that the drive -thru is an economic necessity. Councilman Alongi asked if all the problems have been solved with Cal Trans. Community Development Director Leslie explained the requirements Cal -Trans felt were necessary and stated that all the conditions have been met, with the exception of the road improvements for widening of Riverside Drive which would come later in the project. Councilman Alongi asked if the applicant was aware of the significant amount of work that would be required for street improvements. Community Development Director Leslie stated that the applicant has been dealing directly with Cal-Trans. PAGE FOUR - CITY COUNCIL MINUTES SEPTEMBER 99 1997 Mayor Pape stated his appreciation for the applicants efforts to upgrade the project since that is an important corner in the City and as people come in it creates a first impression of what they see as they enter our City. He also stated that he does have a problem with a drive -thm right on that corner. He fiu ther stated that he felt it lent to a little nicer situation for a restaurant right on that corner. He noted that there were quite a few drive -thru right in that area, therefore the City is not lacking in that area, and we need to address the needs of the community to have something that will reflect upon the City for many years to come. He explained that he is not opposed to the restaurant, however he is concerned about the drive -thru portion of it. Councilman Metze stated that he does not have a problem with the drive -thru, however he would like to see the restaurant zoned C -2 with the rest of the property going to C -M which would keep us in conformance with the General Plan. He explained that waiting for a sit down restaurant is unwise and noted how long it took to get a Denny's Resturant. He further noted that Council now has someone here willing to come to the City and do something. He further stated that they have done their studies and the applicant feels that there is a need for a restaurant; and noted that he has no problem with his existing restaurant, as it is a fine and well run establishment. Councilman Metze noted the contributions that the applicant has made to the community and indicated that he would not have a problem with this project as long as the zoning is addressed. Mayor Pro Tem Kelley stated that Council must be sensitive to the fact that this is a gateway to the community and should be cautious as to what goes into the area. She noted that there are already two drive -thru restaurants located around the corner from this proposal; and further noted that it is not compatible with the current General Plan zoning. She further stated that she understood that the applicant had invested dollars and time to get to this point: She suggested that in the future there be a study session with Council and Planning Commission to view the proposed projects for that area to allow both boards to better address the area, prior to an applicant spending lots of money. She stated that she did not have a problem now that the applicant is before Council and has made financial commitments. Mayor Pro Tern Kelley stated that it is really not what she wants to see in that area, however she does not have a problem with that project going in as long as the zoning is addressed to change the zoning only where the restaurant sits and not for the whole section. She concurred with Councilman Metze's suggestion. She stated that she does want Council to set study sessions to consider matters in the future regarding zoning. Councilman Alongi reminded Council that at the last meeting Councilwoman Brinley asked for a Study Session to address this matter and there was none held. He stated that he is concerned with this area because he does not like to see the whole area change because of one restaurant and he has further concerns with safety. He stated that he would like to see what Cal -Trans has PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 to say about the drive -thru. He further stated that it is important to have all the facts, since if Council gives approval of this project and Cal -Trans does not approve the project with the drive -thru, then the applicant is right back to Council again and he would like to avoid that. Councilman Alongi stated that a partial zone change for the proposed site is fine, however he does not want to see the whole area changed; and and expressed concern with the safety factors of a drive -thru in that area and if Cal -Trans will even approve it in that location. He explained that the area is sensitive and is a gateway to the community. He further stated that due to the amount of traffic in that area, safety is a major concern and he would like to see more information from Cal -Trans prior to making a final decision. He explained that he did not want to give final approval unless Cal Trans gave a specific answer regarding the impact in that area especially regarding the drive -thru. Councilman Alongi explained to the applicant that he is not against the project "and it is not that he does not want to see it there, but rather when he makes his decision he needs to know that it is good for the applicant, as well as for the community. Mayor Pape asked for clarification of Mr. Alongi's recommendation. Councilman Alongi stated that it could either be done during a study session t. or brought back before Council for consideration with further clarification and information from Cal -Trans, which states that they would allow the drive -thm and whether the applicant can meet the required mitigation. He stated his concern with the driveway being so close to the intersection and creating a safety hazard. He further stated that he did not want to give the applicant the wrong impression since this project depends on Cal -Trans approval, as well as City approval. Mayor Pape stated that zoning could be a problem, as C -M is the current zoning and the City can decide on a drive -thru as an appropriate use or not. . Mr. George Smyrniotis stated that Cal -Trans has already approved the drive - thru. He noted that Cal -Trans has been in contact with the Planning Department and both parties were agreeable to the plans. He explained that they moved the drive -thru from 210 feet to 300 feet from the corner to meet Cal -Trans requirements. He stated that he did not understand why this project could not be approved, since all of the requirements from Cal -Trans have been met. He noted that he has considerable business experience and explained that without the drive -thm the business would go belly -up. He further noted that for each person that enters and sits in the restaurant, there are 10 that go through the drive -thru. Mr. Smyrniotis explained the improvements that he has made and questioned why time was being wasted. Councilman Metze stated that the point Mayor Pro Tern Kelley was making was that irregardless of what happens with this project, and suggested that all future projects should come to a study session with the Council and Planning Commission for consideration, prior to proceeding with the project and making major investments. 1'At� PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 99 1997 MOVED BY METZE, SECONDED BY KELLEY TO REZONE ONLY THE PROPOSED RESTAURANT SITE (1.16 ACRES) TO C -2 AND REZONE THE REMAINDER OF THE PARCEL (1.38 ACRES) TO C -M. Councilman Alongi stated that he wished that Councilman Metze would wait on his motion, since if there is a two -two vote it will cause more of a problem than currently exists and will be unfair to the applicant. He explained that he felt that Council should examine this project seriously and make the right choices in order to avoid having another Diamond Drive. Councilman Metze stated that he has given this serious consideration and he does not feel that Diamond Drive is a negative. He called for the question. Mayor Pro Tem Kelley asked for clarification regarding a study session with the Planning Commission as part of the motion. Mayor Pape stated that it was not part of the motion. THE FOREGOING MOTION FAILED WITH A VOTE OF 2 TO 2 WITH ALONGI AND PAPE CASTING THE DISSENTING VOTES. BUSINESS ITEMS 31. Charity Football Game for Parks Funding. (F:114.1) City Manager' Watenpaugh gave an overview of the proposed benefit football game which would be sponsored by the T.E.M.P.O. Dolphins, November 1 st, with all proceeds, after expenses being donated to the parks funds. He presented a proposed breakdown of the cost estimate for the game which would be $3,910. He stated that it is staff s recommendation to waive the rental fee of the Stadium ($2,500) for this specific event; donate the City's 22% concession revenue to offset the operational costs, from gate and concession revenues, concur with the request for payment of all operational costs for the event with the balance to be donated to the park Fund Raising Account; and secure a Certificate of Insurance listing the City as additional insured in the amount of $1 million from the T.E.M.P.O. Dolphins. City Manager Watenpaugh pointed out that he is not in favor of the waiver of fees and noted that a savings of $1,250 could be made by having a day game, however the existing deposit for damages made by the Dolphins could be applied to this event as well. He noted that if any of the funds have to be used from the deposit, then it can be replenished. Mayor Pape stated his appreciation for the efforts the T.E.M.P.O. Dolphins have made for the community to raise money for the parks; and suggested that perhaps the City could co- sponsor the event and lower the rental fee to $1,000. He noted that Sectuity was being donated for this event. PAGE SEVEN -CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 Councilman Alongi suggested that Council have a short meeting with Mr. Del Regno, President of the Dolphins and discuss the possibility of signage at the State Park. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM UNTIL AFTER ITEM NO. 32 IS HEARD. City Manager Watenpaugh provided an overview of the history of the Campground formerly known as the State Park Campground and noted that as a result of noncompliance, the City found the concessionaire in default of the agreement eventually resulting in the concessionaire vacating the premises in late July of this year. He noted that due to the extensive nature of the repairs, the anticipated costs, as well as the season of the year, it is staff s recommendation that the facility be opened on a limited basis for "day use" only. City Manager Watenpaugh gave an overview of the funding for this project and noted that it is staffs recommendation to secure a firm to develop and market an RFP for leasing of the campground in a timely manner with the City Manager approving and executing the contract with said firm. Councilman Alongi stated that a considerable savings could be made on this project if the signage is donated by an outside party. He further addressed the portable restrooms and explained that the cost for an ADA restroom was extremely high and it would be better for the City to purchase one and pay for service only. In that manner it could be used for other purposes as well as at this facility. City Manager Watenpaugh agreed that it would be a savings. Mayor Pape called upon those persons who wished to speak on this issue. Dick Knapp, City Treasurer, stated that he felt that it was good that the City,.,, was opening the campgrounds, however he felt that it was bad for City finances to do it for only 11 weeks. He noted that he felt that it was a bad idea to lease the park to a private party, and suggested that the City should operate the park. He explained that the park would generate revenues and close the gap on City finances. Mr. John Seepe, 16531 Half Moon Drive, questioned the cost to open the park and why it was not opened before this. He noted that Council had made a business friendly pledge and the park should never have been closed to begin with. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:18 P.M. . U PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 99 1997 THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:31 P.M. Councilman Alongi stated that he had misunderstood the amount listed on the ADA restrooms. He noted a $2,000 savings on signage, which would create a savings for the proposed benefit foot ball game. He clarified the accounts the money would come from and that it would be "day use" only. City Manager Watenpaugh gave a further overview of the funds that would be utilized to open the camp ground and confirmed that it would be for "day use" only. He explained the cost of restoring the campground and stated that it would be more cost effective for the City to allow a private concessionaire to assume responsibility for the grounds and implement the repairs. He further explained that the campground was closed because of major health and safety issues and that the cost of repairs that were addressed would amount to approximately $500,000. Mayor Pro Tem Kelley agreed that the campground is a high priority item and should be addressed and should be opened. MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE TEMPORARY REOPENING OF THE CAMPGROUND FOR DAY USE ONLY, FOR THE PERIOD OF SEPTEMBER 209 THROUGH NOVEMBER 30,1997; ' APPROVED THE EXPENDITURE OF $189650 OF PARK IN -LIEU FEES FOR CAPITAL IMPROVEMENTS TO THE CAMPGROUND AS OUTLINED IN EXHIBIT "A "; APPROVED THE EXPENDITURE OF $159891 FROM THE LAKE ENTERPRISE RESERVE ACCOUNT FUNDS FOR OPERATIONAL COSTS AS OUTLINED IN EXHIBIT "A'; APPROVED THE EXPENDITURE OF $53,760 FROM THE LAKE ENTERPRISE RESERVE- ACCOUNT TO PERFORM NEEDED REPAIRS AND SERVICES TO BRING THE CAMPGROUND AREA INTO COMPLIANCE WITH REQUIRED CODES, WHILE ELIMINATING THE CITY'S MAJOR LIABILITY CONCERNS ON SITE; AND AUTHORIZED STAFF TO SECURE A FIRM TO DEVELOP AND MARKET AN RFP FOR LEASING OF THE CAMPGROUND IN A TIMELY MANNER WITH THE CITY MANAGER APPROVING AND EXECUTING THE CONTRACT WITH SAID FIRM, EXCLUDING SIGNAGE AT THE CAMPGROUND. C _ •• •, • =1qM=4MiTt -MOVED BY METZE, SECONDED BY ALONGI TO APPROVE WAIVER OF THE RENTAL FEE OF THE STADIUM ($21500) FOR THIS SPECIFIC EVENT IN TRADE FOR SIGNAGE AT THE CAMPGROUND; DONATE THE CITY'S 22% CONCESSION REVENUE TO OFFSET OPERATIONAL COSTS FROM GATE AND CONCESSION REVENUES; PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 CONCUR WITH THE REQUEST FOR PAYMENT OF ALL OPERATIONAL COSTS FOR THE EVENT WITH THE BALANCE TO BE DONATED TO THE PARK FUND - RAISING ACCOUNT; GAME TO BE PLAYED IN DAYLIGHT; SECURE A CERTIFICATE OF INSURANCE LISTING THE CITY AS ADDITIONAL INSURED IN THE AMOUNT OF $1 MILLION FROM THE T.E.M.P.O. DOLPHINS. Councilman Metze clarified staff s recommendation and stated that there will be a trade -off of the rental fee of the Stadium in exchange for a two sided sign to be installed at the campgrounds. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. Mr. Del Regno, President of the Dolphins, thanked Council and asked the public to support the event which in turn would support the parks. He stated that the game would be on Saturday, November 1, in the afternoon. Julius Beauvais, owner of the Dolphins, thanked Council for allowing Minor - League Football in the City of Lake Elsinore. ITEMS PULLED FROM THE CONSENT CALENDAR 2. - Warrant List - August 29. 1997 :12.31 Chris Hyland, 15191 Wavecrest Drive, commented on the warrant list and noted the amount of money spent with CMS for Business License and Renewal Forms as well as business cards. She questioned the quality of the product received and stated that local printers can do just as well. She noted . that it is a pet peeve of hers to do business out of the area when there are merchants that can do just as well locally and keep our taxdollars at home, as well as feeding the local economy. MOVED BY METZE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LIST OF AUGUST 29, 1997. 3. Investment Report - July_, 1997 (F:12.5) Dick Knapp, City Treasurer, made note of the account balance in the investment fund and stated that he felt that there was more than enough money to keep the parks open. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE INVESTMENT REPORT OF JULY, 1997. PAGE TEN- CITY COUNCIL MINUTES- SEPTEMBER -% 1997- 5. Appointment of Representative to the County Free Library Advisory Committee. (F:98.1) Mayor Pro Tem Kelley thanked Mrs. Barbara Anderson for volunteering for the position. She noted the time, energy and effort this position will take and expressed her sincere appreciation. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT BARBARA ANDERSON AS REPRESENTATIVE TO THE COUNTY FREE LIBRARY ADVISORY COMMITTEE. 7. Agreement with Cal Trans for Construction Traffic a Avenue and Flidmay 74, CE-68.1)(X:162.4) I Mayor Pape commented that he pulled this item to bring it to the attention of the parents, students and residents of that area. He stated that the construction will begin in November and the signal will be operational in February. MOVED BY PAPE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT WITH CAL TRANS FOR CONSTRUCTION OF THE TRAFFIC SIGNAL AT DEXTER AVENUE AND HIGHWAY 74 AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. 8. California Caucus for Cities and Schools - Resolution No 97 -61 (F•96 1) Councilman Metze noted that this would help to redistribute sales tax, if approved by the citizens of the State of California and would give the power back to local Government will mean an increase in revenue to the City of an estimated $2.4 million annually. He further noted that Sacramento will have to answer to the citizens of the State of California, just as local governments do, which is a good thing. Mayor Pape explained that this item addresses a proposed initiative which would redistribute up to one cent of the present sales tax from the State to the Cities and Counties to increase service levels and support infrastructures. He stated that if this is passed then it will be sent to the Caucus and will express our support of this issue. He further explained that if enough signatures are gained, then it will go on the ballot for the voters to decide if they wish to take this action or not. Carol Gordon, President of the United Public Employees of California, urged Council to adopt this Resolution which is in support of the initiative known as the "Voters Option to Redistribute Taxes ". She fiuther requested that Council forward her name and title to the California Caucus as requested in order to make it possible for her to receive materials to distribute to the PAGE ELEVEN.- CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 public employees. He explained that this will allow the employees to assist in this effort. She stated that any funds received by the City will take it one step closer to returning dedicated public employees to service. She thanked Council for their consideration. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE RESOLUTION NO. 97 -61, SUPPORTING THE REDISTRIBUTION OF REVENUE FROM STATE TO LOCAL GOVERNMENTS; AND ADDING CAROL GORDON, PRESIDENT OF THE UNTIED PUBLIC EMPLOYEES OF CALIFORNIA TO THE MAILING LIST OF CALIFORNIA CAUCUS. RESOLUTION NO. 97 -61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE CONSTITUTIONAL INITIATIVE TO ALLOW A VOTER OPTION FOR REDISTRIBUTION OF TAXES TO LOCAL GOVERNMENT. 9. November 4. 1997. Ballot Measures "RR ". "SS" and "TT ". (17:7 Mr. John Seepe, 15631 Half Moon Drive, stated his objection to the ballot measures and further stated that he felt that the money that should have gone for support of City services and parks is being given to the RDA and from there given to consultants, bond lawyers, and developers. He commented that he feels that there should be no further taxation as long as the RDA exists. He addressed each of the ballot measures and commented on the reasons why they should not be passed and noted the mistakes on the ballot measures. MOVED BY METZE, SECONDED BY ALONGI TO APPROVE RESOLUTION NOS. 97 -62, 97 -63 AND 97 -64, RATIFYING THE CORRECTIONS. Mayor Pape addressed some of the questions posed by Mr. Seepe and stated that bond lawyers are paid from the refinancing of the bonds and not from the City's General Fund; the SStpdium expenses have been reduced and now there is hope that the City will be able to eliminate the operational expenses by leasing to private industry; had no idea what Mr. Seepe referred to the Chen RDA give away; and addressed the volunteers at the future fire station and the County pointed out that the City is formed of commuters and that it would be a concern and problem to maintain a volunteer fire station because of the people's time constraints. He noted that this would not allow for adequate staffing on a 24 hour basis and the County Fire Chief for this area has recommended against using volunteers. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. n. .tip PAGE TWELVE -CITY COUNCIL MINUTES- SEPTEMBER 99 1997 RESOLUTION NO. 97-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RATIFYING TECHNICAL CORRECTIONS TO BALLOT MEASURE RR - PARKS & RECREATION, FOR THE NOVEMBER 4, 1997, GENERAL MUNICIPAL ELECTION. RESOLUTION NO. 97 -63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RATIFYING TECHNICAL CORRECTIONS TO BALLOT MEASURE SS - PUBLIC SAFETY SERVICES, FOR THE NOVEMBER 4, 1997, GENERAL MUNICIPAL ELECTION. RESOLUTION NO. 97-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RATIFYING TECHNICAL CORRECTIONS TO BALLOT MEASURE TT - LAKE SERVICES, FOR THE NOVEMBER 49 1997, GENERAL MUNICIPAL ELECTION. THE CITY COUNCIL MEETING WAS RECESSED AT -9:00 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:08 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, announced that she is running for City Council. She stated that it was an honor to serve on the Reclaimed Water Task Force: She noted that the Committee Members had been appointed by the City of Lake Elsinore and Elsinore Valley Municipal Water District as well as the past President of the Chamber of Commerce. She explained that they were a diverse group with wide political, educational and professional differences in their backgrounds. She noted that after seven months and many hours of meetings with informed persons they were able to come to a conclusion. She recognized the members of the Committee and commended them for their knowledge. She thanked Mark Dennis and Sharon Smith for all of their hard work. Ms. Hyland thanked Captain Walsh and all the officers of the Lake Elsinore Sheriffs Station for bringing down the crime rate in the City. Donald Ketch, 505 N. Ellis Street, expressed his love for the City of Lake Elsinore and his concern for the youth of this community. He outlined the responsibility of parents and citizens toward the children. He encouraged people to let go of the past and get out and vote in support of the community. He encouraged the community to support all the measures. PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 Mariana Mohylyn, 305 W. Sumner, stated her concern for freedom of speech and explained that she felt that this was not extended to the speakers who approached the podium at City Council Meetings. She explained that this is the public's form of communication with the Council and they should be allowed to speak and express their views no matter how long it takes. Nita Van Heest, 33146 Shoreline Drive, stated that the issue of the State Park will be decided in court. She expressed her objection to the TMC project and noted that in the last seven years they have accomplished nothing except set up a scam to try and extort RDA money. She stated that she felt that it would put the City at risk, to turn over the control of the Stadium to them. Mr. John P. Lyons, 365 Cochine Road, Perris, stated that although he does not live in Lake Elsinore he is here tonight to address an issue that affects both Lake Elsinore and Perris. He stated that Highway 74 is a problem and a major safety issue. He invited the people of Lake Elsinore to attend a rally on September 13th, in Medowbrook. He stated that the Highway is a death trap and it needs to be brought to the State's attention. He asked the City for support. Garry Grant, 27068 Jarvis Street, Perris, spoke in support of the rally on September 13th, from 8:30 to 12:00 in Medowbrook and asked all the people of Lake Elsinore to recognize the problems with Highway 74 and how dangerous that Highway is. He encouraged everyone to come to the rally. Ace Vallejos, 15231 Cobre Street, noted the growth in the City and stated that with each new development comes the need for infrastructure. He stated that the current infrastructure exceeds capacity. He further noted the stress on current fire, police and schools. He requested that the City condition any new development with 100% mitigation of impact to our schools. Mr. Vallejos stated that perhaps it is time to review the General Plan and the proposed densities. He noted the problem he is experiencing with his children's school schedules and indicated that he feels that there has been uncontrolled development which has placed a burden on everyone. He explained that development should have enhanced the School District, but instead it has placed a burden on it. He stated that future planning should mitigate all concerns. Dick Knapp, City Treasurer, spoke about a problem he had with the Agenda with missing items. Deputy City Clerk Bryning stated that she had left a section out of his agenda by mistake and apologized. He stated that if the public wished to send contribution they can be sent to P.O. 90, for both Chris Hyland and himself. He referenced the local Internet site and invited people to view it. Edith Stafford, 54 Elm Street, stated that she had attended the homeowners meeting with TMC and commented that she was disappointed. She further Y stated that she learned that Gary Washburn the former Mayor is a consultant to TMC. She asked how long the current Councilmembers have known this. 4�4 PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 99 1997 She explained that during the meeting she tried to find out from TMC what their worth was and they refused to provide that information and it lead her to believe that they are broke. Ms. Stafford stated that if they are in financial difficulty she would strongly object to the Council giving them a lease to the Stadium. She further noted that after seven years she felt that there should have been some detailed plans in existence to provide to the property owners especially since they informed the property owners that they would be breaking ground in March of 1998. She questioned if plans have been submitted to staff and asked if this was just another ploy. She asked if they are asking to use RDA money to fund this project. She noted that every project that the former Mayor has been involved with has been rapidly approved and asked if this is going to happen in the case of TMC. John Seepe, stated that the information regarding RDA law will be on the Internet and several reports that address this issue. He offered to speak to any group on this matter. He asked for the short and long range financial plans be provided to the public. He gave an overview of the conduct and responsibility of the Council and what he feels that they have done. CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS 1. Noted for the record that it is well established by relevant case law that the City Council has the authority to establish reasonable procedures in the conduct of its meetings, including the limitation of public comment to a specified time period. She stated that in fact it is extremely common in every city she has served to adopt such procedures and is not unique to' Lake Elsinore. She further stated that there is a public interest in proceeding with public business in an expeditious and efficient manner. 2. Noted that there will be no need for Closed Session. She explained that the documentation is still under review. CITY COUNCIL COMMENTS =Mayor Pro Tem Kelley commented on the following: 1. Agreed with Mr. Lyons and Mr. Grant regarding Highway 74 and stated her concern and support. She noted that the Highway 74 is very dangerous. PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 2. Acknowledged Ms. Mohylyn's letter. She criticized the web -net, stating that she felt that it is now a damaging gossip line and noted that she felt that the intent of free speech was to encourage discourse and debate and not to become a shield for someone to hide behind as they vilify public officials and their families. She quoted Mr. Seepe regarding the Internet and stated that the important things to remember are the guidelines of the law, and of course, hopefully, common decency. She stated that when people are on line they will follow the same guidelines as newspapers and should be a tool for productive exchange of ideas; and not a destructive tool, but unfortunately that is what it has become. Councilman Alongi commented on the following: 1. Addressed rules regarding speakers at the podiums at Council Meetings and agreed that it is true, however Councils in other cities have adopted policies which allow the individual councihnember to yield the floor to the speaker when the speaker has something important to say, or the speaker needs more time to complete his statement. He noted that when he returns from vacation he will yield the floor to a speaker if he thinks that the speaker has something important to say. He stated that he feels that the Deputy should not have to be expected to remove people from the podium and he wishes to see that stopped immediately. He noted that this would not be an issue if the Council followed the Council Policy they all voted for. 2. Commented on Highway 74 and agreed that it does need to be improved, however he compared it to a hand gun and noted if it is laid on a table it does not hurt anyone, however when it is misused it will harm people. He commented on the conduct of the drivers that use the highways and made note of the drivers responsibility. He stated that he does agree with the remodeling of Highway 74, however drivers must take responsibility for their actions and obey the signs on the roadway as well. 3. He noted that he watched Visions and Views and the Mayor's speech and explained that he felt that something was missing with the Ball Field; which is that there is a $2.1 million dollar payment being made on that Stadium and gave a breakdown of the cost of refinancing the Stadium and the difficulty in paying the debt. He stated that the debt will never get paid due to the interest, and because of that the City needs to find secure serious investors that can produce the annual funds that will support this. �f.! *' 46`Lp- PAGE SIXTEEN -CITY COUNCIL MINUTES -SEPTEMBER 99 1997. , 4. Apologized to Tuscany Hills residents for a misunderstanding regarding the bonds. He stated that they were in default and they are not. He thanked them for informing him of their misunderstanding. 5. Stated that the RDA was not put together to benefit business, but rather to address blighted areas. He corrected a comment that Councilwoman Brinley made on Visions and Views that RDA was to create business and use the sales tax to pay back the debt; and indicated that is a wrong statement. He stated that RDA was created to create additional sales tax to go into the general fund to produce the services that are needed, such as parks. He commented that it was not created to benefit Wal -Mart or other big business. 6. Noted that the Outlet Center is a good thing for the community, however giving them $3 million dollars to build on the other side of the highway is excessive. 7. Commented that Tom Thomas needs to know the difference between debt service and operating expenses. He noted that the operating expenses to the ball field was $1 million dollars and is going down, however it is not just that $1 million dollars that it is costing the community. 8. Explained that his father had a problem with English and had problems expressing himself in a public forum since English was not his native tongue. He commented that although he might not agree with Mariana Mohylyn, he does feel that she is very intelligent and he feels that it would be very simple to extend additional time to her to allow her the opportunity to express herself, rather than use gestapo tactics. 9. Noted that he was pleased to be a part of Council in the act of opening up a`park. He stated that he does not care who sits on Council, if he thinks something is right he will vote for it, and if it is wrong he will vote against it. He stated that it does not matter who sits on Council. He stated his agreement with Council in opening up the park to try and raise revenue in the community and no matter whether it takes $27,000 or $40,000 to do it does not matter. He explained that it is better than having it sitting out there doing absolutely nothing but draining us of tax dollars since it still has to be maintained. He stated that he votes his mind and not because of who sits on Council 10. Commented on bond expenses and stated that it depends on what type `of bond it is as to who pays for it. He explained that RDA bond expenses come directly to the City and are not passed on. He stated that the $5, $8 and $10 million dollar bonds are being paid for by the City and are not being passed on. He noted that it is even questionable about CFD's, since the City has paid millions of dollars in delinquent PAGE SEVENTEEN - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 payments on CFD's that the City is not supposed to be responsible for. He stated that Council needs to be careful when information is given to - the public and the people should be told the facts and the truth and that is the end of it. He stated that he will support the Council sitting here if they are right and go against them if they are wrong and he will do the same thing with whoever sits on Council for the next two years. He stated that he will not change. 11. Stated that he will be going on vacation and will not be here for the next meeting, however there will be two programs on in October of, "More Than Three Minutes ". He expressed hope to have the candidates on the first one and have a candidate forum with the citizens of the City calling in with questions. Councilman Metze commented on the following: 1. Congratulating Tyler Smith on achieving the rank of Eagle Scout. He stated that he is the son of Cynthia Page. 2. Thanked the Water Task Force and recognized Chris Hyland and Edith Stafford. He stated that he believed that they saved Council and the Directors of EVMWD a whole lot of time and work and felt that they could not have done as good a job as Ms. Hyland and Ms. Stafford did because of all their other duties. He commended them for all their efforts. 3. Commented that he had spoken to Harriet Boyd and he has driven through her neighborhood and asked that she call him so he can answer her questions. 4. Agreed about the condition of Highway 74 and stated that it is a real safety issue. 5. Stated that the former Mayor is not very happy with this Council and noted that this Council does not follow others. 6. Made a guarantee to the public..that he will not use the Council forum to campaign as people did from the podium. Mayor Pape commented on the following: 1. Announced the widening of Lakeshore Drive by 1P. o : and noted it is good news. 2. Announced a City Council Goals and Objec!iwis Minatin r; on 0 ztober' 23rd. He stated that the goals and objectives t' were set at t ":.e last meeting are right on track and they will proceA 'o upd t ti-IM1. W PAGE EIGHTEEN - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 3. Stated that he thought that Council passed a Resolution regarding Highway 74 some time ago in support of Highway 74 to try and make the improvements. He noted that although most of Highway 74 is in the County but it does affect both Perris and Lake Elsinore and stated that sometime the cities must act as a catalyst to get the other agencies to move a little faster. 4. Announced that on September 20, and 21, the Elsinore Valley Artist's Society is having their Annual Art Show at the Lake Elsinore Community Center from 10:00 a.m. to 4:00 p.m. He stated that on the same days the National Ski Races will be held on the Lake from 9:00 a.m. to 5:00 p.m. 5. Announced that the Boating and Safety Class /Traffic School which is a three hour course, will be held at Elsinore West Marina on Sunday, October 12, and will be presented by Sergeant Steve Peters. 8. Announced that Main Street will be steam cleaned between Graham and Peck. He stated that this is done periodically to try and keep the Downtown area clean. He stated that this will begin on September 10th, at 6:00 a.m. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 10:00 P.M. Respectfully submitted, ATTEST: VICYA KASAD CITY CLERK VIN W. P MAYOR