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HomeMy WebLinkAbout10-28-1997 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 28, 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:03 p.m. PLEDGE OF ALLEGIANCE Colors were presented and the Pledge of Allegiance was led by Cub Scout Webelo s Pack 99. WLTk11XVV 14) � The invocation was presented by Pastor Elaine Yi of the R.O.C.K. Ministries. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE. Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, Senior Planner Villa, City Engineer O Donnell, Building and Safety Manager Russell and Deputy City Clerk Bryning. PRESENTATION Mayor Pape presented a proclamation to thank Bill and Donna Staples for their contributions to the community through their activities in the Lake Elsinore Marine Search and Rescue. Mr. Bill Staples thanked the Mayor and Council for the proclamation and recognition on behalf of himself and his wife. He stated that there are 20 members in the Lake Elsinore Marine Search and Rescue and that he felt that this recognition was for them as well. Mayor Pape presented a proclamation to Eliza Woolfolk, Executive Director for Alternatives to Domestic Violence. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 289 1997 Eliza Woolfolk, Executive Director for Alternative to Domestic Violence accepted the proclamation and presented material regarding domestic violence and pins to the City Council. C. Presentation - El Nino Update - Mark Bassett, Coordinator, •. of Riverside, Mark Bassett, Emergency Services Coordinator, County of Riverside, presented a slide show which explained the potential impact of an El Nino condition and noted past experiences caused from previous El Ninos. He explained the precautions and preparations that the City of Lake Elsinore and County of Riverside are taking and fiuther explained what the citizens should do in preparation for potential problems that could arise. He encouraged early preparation and stressed that the public should acquire flood insurance early to ensure that they have protection. �.. •i C. • ► ••. - City Manager Watenpaugh gave an overview of the Ballot Measures and a breakdown for each measure. He encouraged the public to vote on November 4th, to choose the quality of life that the voter desires and stressed that each measure must have a 2 /3rds majority vote to pass. PUBLIC COMMENTS - AGENDIZED ITEMS There were requests to address the following items: Item Nos. 3 and 21. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1 and 5. MOVED BY BRINLEY, SECONDED BY KELLY AND CARRIED BY UNANIMOUS VOTE TO APPROVED THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 2. Ratified Warrant List the following: (F:12.3) a. September 30, 1997 b. October 15, 1997 3. Receive and file the Investment Report for August 31, 1997. (F:12.5) PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 28, 1997 4. Rejected and refer the following claims to the Claims Administrator for processing: (F:52.2) Jason Tinajero - CL #97 -20 Roy Howe - CL #97 -22 Bree Ohlers - CL # 97 -23a Larry Lievsay - CL #97 -23b Sheryl Lievsay - CL #97 -23c 6. Approved the McVicker Canyon Debris Basin and Line B -1" Channel (Stage 4) Change Order No. 1 in the amount of $39,602 to be funded by CFD 88 -3. (22.3) 7. Approved the reprogramming of $3,400 from the Swick/Matich Expansion Project for the purchase of two (2) emergency radio units`for both the primary and alternate E.O.C. sites, and directed staff to follow all necessary steps with the County E.D.A. for reprogramming of the dollars. (F:84.2) 21. General Plan Amendment No. 97-3 and Zone ChanLye 97-2, Scott McDaniel (&W ReWW - Assessor s Parcel Number 377-330-007 - Resolution No. 97-65 Ordinance n• 1 City Manager Watenpaugh gave an overview of the project and explained that it is 18.11 acres between the freeway and the rodeo grounds on Franklin Avenue. He noted that the proposal before Council is to change the Land Use Designation and Zoning from Medium Density Residential Land Use to General Commercial and from High Density Residential Zoning to General Commercial. He noted that this item was heard by the Planning Commission and they unanimously recommended approval by the City Council. He stated that it is staff s recommendation that Council adopt Mitigated Declaration No. 97 -7, approve General Plan Amendment No. 97 -3 and adopt Resolution No. 97 -65, approve Zone Change No. 97 -2 and adopt Ordinance No. 1031 based upon the Findings. Mayor Pape opened the public hearing at 7:32 p.m. and asked the person who requested to speak to come forward. Mr. Franklin Sims, Burnett Development Corporation representing the owner gave a brief background of his company and the projects that they are currently involved in. He stated that he is available to answer any questions and commended staff for their guidance and assistance with this project. He asked that Council consider approval of the request. Mayor Pape asked if there was anyone wishing to speak in favor or opposition to this project. Hearing no one, the public hearing was closed at 7:35 p.m. PAGE FOUR - CITY COUNCIL MINUTES OCTOBER 28, 1997 MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE DECLARATION 97 -7; APPROVE GENERAL PLAN AMENDMENT NO. 97 -3; ADOPT RESOLUTION 97 -65 AND APPROVE ZONE CHANGE NO. 97 -2, WITH THE FOLLOWING FINDINGS: RESOLUTION NO. 97-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN FOR THE THIRD CYCLE OF THE CALENDAR YEAR OF 1997 CHANGING THE LAND USE DESIGNATION OF ASSESSOR S PARCEL NUMBER 377 - 330 -007 FROM MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL. FINDINGS - GENERAL PLAN AMENDMENT 97 -3: 1. The proposed General Plan Amendment will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property s location, access and constraints. 4. The proposed General Plan Amendment will not have a significant effect on the environment. FINDINGS - ZONE CHANGE 97 -2 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. 2. The proposed action will be consistent with the Goals, Objectives and Policies of the General Plan and the standards established in the Municipal Code. 3. This project will not have a significant impact on the environment. PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 28, 1997 MOVED BY METZE, SECONDED BY BRINLEY TO ADOPT ORDINANCE NO. 1031 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE ZONING OF 18.11 GROSS ACRES ALONG FRANKLIN STREET FROM R -3 (HIGH DENSITY RESIDENTIAL ZONING) TO C -2 (GENERAL COMMERCIAL) - ZONE CHANGE 97 -2 - SCOTT MCDANIEL. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI BRINLEY, KELLEY, METZE, PAPE NOES: • NONE. • NONE • NONE 22. Consideration to extend Ordinance No. 1022, an Urgma Interim Ordinance twelve (12) dwelling units per acre pending coult-,=lated General Plan and Zonina studies - Ordinance No. 1032, City Manager Watenpaugh gave an overview of the proposal and explained that the City Council unanimously adopted a 45 -day Urgency Interim Ordinance (Ordinance No. 1021) temporarily prohibiting residential projects with a density greater than 12 dwelling units per acre in the City pending completion of the General Plan and Zoning studies. He noted that prior to its expiration, Council adopted a subsequent ordinance (Ordinance No. 1022), extending the Urgency Interim Ordinance for 10- months, and due to the downsizing of the City staff, we have not been able to complete the study. City Manager Watenpaugh stated that staff recommends that City Council consider extending the moratorium an additional 12 months to October 21, 1998, by adopting Ordinance No. 1032. Mayor Pape opened the public hearing at 7:39 p.m asking if anyone wished to speak, hearing no one the public hearing was closed at 7:39 p.m. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE AND ADOPT ORDINANCE NO. 1032 AS FOLLOWS: PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 289 1997, ORDINANCE NO. 1032 AN ORDINANCE EXTENDING ORDINANCE NO. 1022 AN URGENCY INTERIM ORDINANCE TEMPORARILY PROHIBITING NEW MULTI - FAMILY RESIDENTIAL PROJECTS AT A DENSITY GREATER THAN TWELVE (12) DWELLING UNITS PER ACRE PENDING CONTEMPLATED GENERAL PLAN AND ZONING STUDIES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUSINESS ITEMS None. ALONGI9 KELLEY, BRINLEY, METZE, PAPE NONE NONE NONE ITEMS PULLED FROM THE CONSENT CALENDAR 1. Minutes: a. City Council Study Session for September 16, 1997. b. Regular City Council Meeting for September 23, 1997. C. Design Review Committee Minutes for September 11, 1997. d. Planning Commission Minutes for September 17, 1997. e. Design Review Committee Minutes for September 17, 1997. f. Planning Commission Meeting for October 1, 1997. g. Design Review Committee Meeting for October 1, 1997. Councilman Alongi stated that he was not present and he must abstain. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 -0 WITH ALONGI ABSTAINING TO APPROVE THE MINUTES OF THE STUDY SESSION FOR SEPTEMBER 16, 1997 AND THE REGULAR CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 23, 1997 (F:44.4) AND RECEIVE AN FILE THE FOLLOWING MINUTES (F:60.4 & 60.3): C. Design Review Committee Minutes for September 11, 1997. d. Planning Commission Minutes for September 17, 1997. e. Design Review Committee Minutes for September 17, 1997. f. Planning Commission Meeting for October 1, 1997. g. Design Review Committee Meeting for October 1, 1997. PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 28, 1997 also1 11.1.•.1 � -/. � El._ t1 Mayor Pape stated that City Treasurer Knapp has requested to address this item. City Treasurer Knapp made note of the total of the investments and questioned the difference between the Investment Reports and the Warrant List as well as the difference from last months report to this one. Administrative Services Director Boone explained the debt flow and the encumbrances on the funds that are found in the Investment Report. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE INVESTMENT REPORT FOR AUGUST 31, 1997. Councilman Metze stated that he pulled this item to bring attention to the stop sign that is being installed at Terra Cotta Road and Broadway. Mayor Pape gave an overview of the future stop signs that are being considered and will be brought before Council in the near future. MOVED BY METZE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 97-64 AS FOLLOWS: RESOLUTION NO. 97-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AUTHORIZING DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. THE CITY COUNCIL RECESSED TO THE REDEVELOPMENT AGENCY MEETING AT 7:23 P.M. THE CITY COUNCIL RECONVENED AT 7:43 P.M. PUBLIC COMMENTS - NON- AGENDIZED ITEMS Mayor Pape stated that Mr. Strange a government teacher at Temescal High School has assigned a project for his students and part of that project is to attend this Council Meeting to announce their findings to the City Council and public. The following students from Temescal High School addressed Council: U PAGE EIGHT -CITY COUNCIL MINUTES - .00TOBER 28, 1997 Matt Sanders addressed the race track and stated that his findings were positive regarding the race track. David Hanson and Chris Holly addressed the Measures and stated that the poll that they took of 100 people resulted in a positive attitude with the exception of the Business License Measure which was felt to be unnecessary and that to promote business it should be placed back to the former amount. Robert Woller addressed the Recall and stated that their survey of 100 students revealed that they felt that the recall was not necessary and negative to the City. Arron Horton & Mike Bechtol addressed the expansion of the Outlet Center and noted that they had very positive findings. Abraham Medina addressed the City Council race and noted that out of 100 students polled, 73% were in favor of Metze and Pape. Kelley Higehnire and Tim Stawney addressed the Lake Chevrolet project and stated that in her poll she discovered that the majority felt that this project would produce revenue for the City and would promote a better economy. Allyssa Shelton stated that her group addressed Measure QQ, and found through their poll that the majority of people polled were not in favor of the business tax and wished to have it rolled back to the previous amount. Donna Manea noted that her group addressed the race track and found that the majority of the people polled were in favor of the project and felt that it would benefit the City through tourism and with our economy. Hans Spitz stated that he conducted a poll and found that although only 50% of the students used the Outlet Center, the majority of the students were in favor of the project and noted that they felt that there would be more participation with entertainment facilities as planned. Paul Scholder stated that his group addressed Measure RR and found that out of 100 students polled, 100% were in favor of the Measure and did not want to see the parks closed. Maria Flores noted that her group addressed Measure QQ and the majority of the persons polled were not in favor of taxation on business through a business license and felt that it should be reduced. Andrea Vance addressed the Recall and stated that in her poll of 100 students, that a portion of the students did not understand what a recall was and the rest did not feel that it was necessary. PAGE NINE - CITY COUNCIL MINUTES OCTOBER 28, 1997 Michelle McClary/J L Tabscott addressed the City Council Race and noted that through the poll they found the issues were the major point of interest in regard to the candidates and this was what would be voted on. Nick Tuttle & Jason Summerton addressed Measure SS and stated that the majority of the persons polled were in favor of public services and felt that this measure was important. Carios Vargas & Gilbert Hernandez addressed the School Board race and stated that the results of the survey showed that although the majority of the people polled felt that there was room for improvement, however they were satisfied with the incumbents and felt that they were trying to do a good job. Melory Strunk addressed the Public Library and noted that the majority of students polled did not use the Lake Elsinore Public Library, however they stated that they would if the resources were available and the hours were extended. Candice Cooke addressed the School Board Race and of the 100 students polled, 60% were in favor of the existing Board. Monique Chairboonet addressed Measure TT and stated that the majority of the people polled were in favor of this Measure. Karina Ruiz stated that her group addressed Measure TT and stated that a portion were in favor of this measure and the majority polled did not know anything about it, however she suggested that there be more mail -outs to inform the public of this measure. THE CITY COUNCIL MEETING WAS RECESSED AT 8:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:50 P.M. ►l1 WIDI"TIKIXI ►l Mayor Pape call upon the following persons who made a request to speak: Robert Schiffner, 33450 Walham Place, commended all the young people who spoke tonight and noted that they are the future of the City and people we can be proud of. Mary Venerable, 29400 3rd Street, asked the community to get out and vote on November 4, support Mayor Pape and Councilman Metze and support the Measures. She criticize people who are negative and noted the cost of the recall. She again urged the voters to vote yes on the Measures and thanked the newspapers for their support. PAGE TEN CITY COUNCIL MINUTES - OCTOBER 28, 1997 Harold L. Adams, 726 Mill Street, Tri Lakes Thunder Football thanked the Lake Elsinore School District for their support of the youth in allowing the children to take part in football this year. He stated his support of Measure RR. Dick Knapp, City Treasurer, questioned the Closed Session topic. He stated that he does not want to see the Stadium given away and noted that TMC is backing the incumbents and stated that he felt that it was just a shell game. Linda Nanetti, 16293 Cimarron Rd., thanked the City Council for their efforts and noted that our economic problems must be approached in a realistic manner and not the problem of Peter borrowing from Paul that has been utilized in recent years. She encouraged the Council to proceed carefully and not to give our Stadium away to TMC. She stated that she wishes to see the Council save the City and its youth sports. Chris Hyland, 15191 Wavecrest Drive, commented on the remaining time to election and pointed to the actions of Council in the past few years and the state that they have brought the City to. She chriticize the Council for allowing the comments from the Students and encouraged people to vote on November 4, and asked that they vote for her. Dale Hite, 115 N. Kellogg Street, encouraged people to vote on November 4, and stated that he prays that they make the right decision. He commented on the closed parks and stated that he does not want to see the City given away to TMC. He encouraged Volunteer Firefighters for the West End Fire Station. Nita Van Heest, 33146 Shoreline Drive, made note of Mayor Pape and Councilman Metze past history and her opposition to their actions. She stated her opposition to TMC and presented a list of reasons why the City Council should not award a Stadium contract to them. Mariana Mohylyn, 305 W. Sumner, addressed the election on November 4, and questioned the candidates motives. She chriticize the control of freedom of speech by limiting comments to three minutes and feels that Council does not address the needs of the people. James Gray, 15159 Mimosa Drive, noted that taxes are the main issue of this election and feels that public safety is a priority. He made note of the other Measures and questioned the increased amount asked for over the operations level required. He stated that the solution is not taxes, but rather controlled spending. He asked that the public vote no on QQ, SS, and TT and yes on RR. He encouraged the voters to unseat the two incumbents. Don Foster, 29256 Northpointe, stated that he and his wife have been traveling and noted that it is the same in all the small towns they visited. He PAGE ELEVEN.- CITY COUNCIL MINUTES - OCTOBER 28, 1997 explained that Lake Elsinore is not unique and that the people will have to work together with Council to insure the quality of life that we want. He encouraged support for Councilman Metze and Mayor Pape. Patti LaCroix, 5 Bella Donaci, presented comments from Donna Fransen who could not attend the meeting. She asked how the candidates running against the incumbents would solve the City s problems if they were elected. She noted that they have promoted more cuts in the budget and asked how they would provide services if there were anymore cuts. She noted that they have been misinforming the public and the information that they are providing is not correct. She stated that the City is environmentally attractive and has a lot to offer she asked that the voters not allow our City to deteriorate and to Vote yes on all of the Measures. Mr. Jack McColley, 29072 Palm View, stated that there are three issues before the voters on November 4, which are: The School Board Election; Measures for Services for the City; and City Council Candidates. He stressed the reasons why the incumbents from both the School Board and the City Council should be re- elected. He made note of the importance of passing the Measures and what impact they will have on the City and it s service level Which affect our quality of life. Joyce Hohenadl, 27 Corte Palazz, addressed the efforts of the Task Force and explained their efforts to resolve the amount of money that the City will need to continue services and the cost that will impact the public. She stressed that these Measures would be in effect for only six years. She encouraged the voters to vote yes on the Measures on November 4. Daniel Uhlry, 150 East Lakeshore Drive #80, noted that the race track and East Lake are concepts only and are not firm projects. He disputes the fact that a candidate is using concepts and a project that he originally voted against to promote his candidacy. He addressed the fire station for the West End and noted that Volunteer Firefighters have been the backbone of firefighting in this community, however now we have trained firefighters and even the volunteers are paid and trained firefighters who could not even fight a fire without that training. He noted that the old concept of volunteers is a thing of the past. He addressed response times and the needs of the community. Chris McColley, 29072 Palm View, addressed leadership qualities and stated that Councilman Metze and Mayor Pape have those qualities. She made note of the accomplishments that they have made while in office and encouraged the voters to support Councilman Metze and Mayor Pape and vote for them on November 4. Bruce Atherton, 29228 Northpointe, President of Lake Elsinore Girls Softball, encouraged support of Measure RR and the importance of this Measure for the youth of the community. He noted the loss of funds due to Proposition 218 and again asked that the voters support Measure RR. PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 28, 1997 Bruce Holland, 1166 Lake Vista Dr., commended the High School Students for their efforts on their projects and stated that he supports the youth groups and Measure RR. He criticize Chris Hyland and asked what good she would do for the community and especially the youth. He encouraged the voters to vote yes on Measure RR. David Scholder, 16867 Ulmer, stated his support of youth sports and Measure RR and SS. He stated that he was not in favor nor did he support the current Council, however he does encourage voters to vote yes on RR and SS. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1. Announced that there will be a Meeting November 6, at the Lake Elsinore Cultural Center, regarding the Community Development Block Grant Funds and Public Services Director Sapp will be coordinating the program. He explained that at this meeting questions can be asked, applications acquired and any information needed will be available. He noted that the application dead line is November 26, 1997. 2. Stated that the Mayor and City Council had a brief Press Conference a while ago and announced how much money had been donated through the park fund raising program and with Council action and the matching funds that were put together it came to a total of $45,200 which has been put into the park fund. He thanked the community for all their efforts. 3. Thanked Pete Dawson for his work for the Lake. He noted that the California Lake Management Society had a conference in Temecula, and our Lake Maintenance Operations Lead Person Pat Killroy gave a presentation regarding Lake Management along with Mark Dennis from Elsinore Valley Municipal Water District. He noted that following the conference, Mr. Dawson gave a tour of the Lake to the participants and they went away with a totally different view of Lake Elsinore. He fiuther noted that through the efforts of Pete Dawson, Pat Killroy and Mark Dennis the image of the Lake has improved and pointed out that the professionals throughout the State now understand what the City, Water District and local citizens are doing to address our problems. Again he thanked those three people for all their efforts. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1. Clarified that each of the ballot measures specify a dollar amount per unit to be charged and then the division or allocation of the taxes PAGE THIRTEEN- CITY COUNCIL MINUTES - OCTOBER 28, 1997 collected to the particular uses are set by percentage. She noted that under Proposition 218 those funds must be committed for those purposes to the extent that the City or the ballot measure identifies a particular use of the funds. She stated that the City Council can t reallocate those funds unless there is a two- thirds vote for reallocation. She further stated that it is a fixed formula. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1. Noted the amount of taxes on his property bill and stated that because of the parks being taken off one of his bills it went down from $92 To $70 and if the Park Measure passes and we add $69 to the $70 then it would be a 50% increase to his taxes. He stated that he is interested in parks and nothing else. He stated that BB did not pass because there was too much added on with parks. 2. Stated that Mr. Bruce Holland misquoted Mrs. Hyland and Mr. Knapp. He noted that they were active with youth in the past however Mrs. Hyland is 67 years old and is no longer active. He stated that he is not active with the youth because all of his children are grown and gone and it is now it is the younger parents turn to carry the ball. 3. Noted that Mayor Pape and Councilman Metze did vote against USA Properties which has nothing to do with Paradise Chevrolet. 4. Stated that there are more County people involved in the tax issues than people in the City and addressed Mary Venerable and stated that she choose to live in the County and not in the City. He stated that he choose to live in the City and she can sell her property in the City anytime she wants and still live in the County and does not face the tax increases. He stated that he does because he choose to live here. 5. Noted that Mr. Washburn was addressed as a Councilman and he is not. 6. He stated that Thursday night his program will be back on and he will address the articles in the Californian regarding the debt service. 7. Stated that he felt that it was good to see the students here tonight, since it is good to see the youth take part in their local government. He noted that they should, since the voting age is 18 and they should be getting involved in their own government. COUNCILMAN ALONGI LEFT THE MEETING AT 9:38 P.M. PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 28; 1997 Councilwoman Brinley commented on the following: 1. Thanked the students for their presentations. She commended the parents for the good job they are doing with their children. She noted that the young people presented themselves in an orderly and professional manner. She agreed with Mr. Schiffner that they are people to be proud of She noted that she sees this during Students in Government Day as well. 2. Noted the Good old days in 1980, and pointed out that there was no lighting on any of the fields with the exception of Swick - Mattich Park, which did not have the best of lighting. She stated that at that time people in Wildomar donated their property for fields so the children could play because the City did not have many fields. She commented that it was because of parks that she worked so hard for improvements in that area when she was appointed to Planning Commission. She stated that there is not one Councilperson that did not feel bad about seeing the parks closed. She stated that because of what has happened with the economy and the condition with the State we will all have to pay for the parks. 3. Noted that Mary Venerable does own property in the City besides a business. She stated that Mrs. Venerable pays not only her sales tax and her property tax, she also supports her community and feels that she is a good citizen in the community. 4. Thanked all the people who worked on the Task Force supporting Measures RR, SS, & TT. She noted that they have put in a lot of hours working to get the message out to the general public. She again thanked them for their time and commitment. 5. Encouraged people to vote on November 4. She stated that it is important to see the right people in office. She stated that she is sure that people want to see the community grow with quality and provide a better place for our children to grow up. She stated that the issues that we are faced with are very serious. She thanked everyone who offered their support. 6. Mentioned the Grand Prix and encouraged everyone to attend. 7. Noted that the public can make slap shots about Council without legal retribution, however the public must be careful of criticizing private entities because they can take legal action. She noted that TMC is a good organization and they are very professional. She noted that the City should not wait until the contract expires before they negotiate and the public would not think that Council was doing their job if they waited. She asked the City Attorney to address TMC. PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 28, 1997 City Attorney Leibold stated that both the City and TMC recognize the complexities of the projects and the City is in negotiations and they are proceeding in a positive fashion. She noted that her instruction and the Teams instruction from the Council has been to proceed with a deliberate and thoughtful fashion and not to rush into a transaction which involves a give -away, but to negotiation a transaction or transactions that protect the City s interests and insure that the developer entity is one with the financial where -with all to complete the project and the development expertise to complete the project and operate the stadium as well. She stated that with respect to TMC specifically, she noted that they have been cooperative in meeting the City s disclosure requests with respect to looking into their finances and organizational structure that they have assembled a very professional team of negotiators and consultants. She further noted that they do recognize the complexities of the permitting requirements on the Liberty Project. City Attorney Leibold commended TMC and encouraged the public to trust the City Council to make the right decision. 8. Commented that TMC has shared with Council some of the things that are in store for Eastlake. She noted that it includes a man-made lake, retail commercial, and high end homes. She stated that this means there will be a community that will be good for Lake Elsinore and will stand above all others. She gave an overview of her meeting with TMC and admonished the public for their comments. 9. Noted the comments that are being made about Volunteers for the Fire Department. She noted that Volunteers have a place in fire fighting and do a great job, however the Chief recommended that a Station not be all volunteers and it is necessary for the Council to follow the Chief s recommendations. Mayor Pro Tem Kelley commented on the following: 1. Noted that Halloween is on Friday night and it is The 4th Annual Safe Candy Night from 6:00 p.m. to 8:00 p.m. in Downtown Lake Elsinore. She stated that there will be a costume contest at 8:15 p.m. in front of City Hall and a bicycle will be the prize for the best costume. She invited all the children to come to the Downtown Area to Trick -Or- Treat. 2. Noted that on Saturday, November 1, 1997, is the Put the Unity Back Into the Community parade. She stated that it is sponsored by the CAP Conference and CAP Committee. She further noted that it starts at 9:00 a.m. and will last until 11:00 a.m. with 40 entries and will end at Elsinore Middle School with activites planned at the Middle School. i PAGE SIXTEEN - CITY COUNCIL MINUTES - OCTOBER 28, 1997 3. Announced that the Vision and Views for November will be special. She noted that the Airport was spotlighted and she and Councilwoman Brinley will be doing a parachute jump. 4. Announced that the Lake Elsinore Classic will be here the weekend of November 8th and 9th. She encouraged everyone to attend and reminded everyone of the Three Dog Night Concert at the Stadium. 5. Commended Mr. Strange, the Government Teacher from Temescal Canyon High School for his government project. She noted that when she spoke to Mr. Strange, he stated that it was his goal to educate the students about the community and the issues in the community. She gave an overview of the requirements of the projects and stated that there was no involvement from the Council outside of the interviews. She noted that what the public heard was the students opinions and views and no one elses. 6. Reminded the citizens of Lake Elsinore to turn out at the polls to vote. She stated that she hopes that the public passes the Measures since they are needed. She stated that she would like to see consistency and stability on Council as well as a positive direction. Councilman Metze commented on the following: 1. Announced that the Dolphin Football Team is playing a game for our parks on November 1, 1997. He noted that they have their Southern Division Play Offs on November 10, 1997. He encouraged everyone to attend. 2. Noted the State Take Away and stated that he had a copy of Assemblywoman Thompson s speech and pointed out in her paper that she recognized that the State is using the local property tax to support larger State Government. He stated that there are some State Government Officials who are working for the cities. He noted that our budget is actually down $2 million dollars plus Proposition 218. He stated that the State is not going to stop taking money from the cities until we make them. Mayor Pape commented on the following: 1. Announced that the City has received a news release from Cal -Trans regarding Highway 74 (Ortega Highway) and stated that they will begin their tree trimming and will be working from 8:00 a.m. to 3:00 p.m. Monday through Friday for the next two weeks. 2. Announced that there is a Sales Tax audit going on in the City and the firm retained gives the City a quarterly report and he was happy to announce that the sales tax revenue was up 7.6 %. He noted that sales tax is the City s largest revenue source and he want to be sure that it continues to grow. PAGE SEVENTEEN - CITY COUNCIL MINUTES OCTOBER 28, 1997 3. Thanked the public and the businesses who made donations for the Park Maintenance. He noted that as of the 22nd of this Month, the City had received just over $22,500 toward Park Maintenance. He further noted that we still have the football game for parks that will apply toward the Park Maintenance. He stated that it was very reassuring to see people willing to chip in and help out. 4. Commented that he had attended the 3rd Annual Crime Summit and District Attorney Grover Trask was the Key Note Speaker. He stated that some very good ideas were presented and he wishes to implement some of the new ideas for the City. 5. Noted that he attended the State of the District for the Lake Elsinore School District presented by Dr. Long and commented that they are really doing some very exciting things. 6. Noted that staff is currently trying to put together a public slalom course on the Lake and it is hoped that this will be up and going soon. 7. Commented on his attendance of the Lake Elsinore Historical Society Fashion Show and stated that he had a good time and that it was very interesting. 8. Reminded the public that the CAP Parade is coming up this Saturday, November 1, and encouraged everyone to attend. 9. Announced that the open air market in the Diamond Stadium parking lot will be going forward in March. 10. Noted the INT National competition had 125 participants from all over the western Untied States and he was told that the Lakeview Inn and the Casino were filled to capacity. 11. Reminded the public that the 8th and 9th of November is the Lake Elsinore Classic and gave an overview of the activities. He encouraged everyone to attend. 12. Told a parable of the Bird , and stated that the future of Lake Elsinore is in the Voters hands on November 4. COUNCIL RECESSED TO CLOSED SESSION AT 10:18 P.M. TO CONSIDER THE FOLLOWING ITEMS: a. Conference with Real Property Negotiator - Lake Elsinore Diamond Stadium - City/TMC /Storm - Discussion of Terms of Proposed Transfer including without limitation Price and Terms of Payment. PAGE EIGHTEEN - CITY COUNCIL MINUTES - OCTOBER 289 1997 b. Conference with Real Property Negotiator - 80.43 Acres - AP #365- 020 -026, 365- 020 -021, 365- 007 -026, 365- 020 -027 and portions of r 370- 020 -002 - TMC/LEA Settlement Agreement - discussion of terms of the agreement including without limitation Price and Terms of Payment. C. Anticipated Litigation - One Case. COUNCIL RECONVENED WITH THE FOLLOWING ACTION TAKEN AT 10:59 P.M. a. No action. b. Directed staff to continue negotiations. C. Directed staff to request potential settlement negotiation. MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:01 P.M. Respectfully submitted, ATTEST: CITY CLERK W. PATE. MAYOR