HomeMy WebLinkAbout11-25-1997 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NOVEMBER 25, 1997
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Pape at 7:06 p.m.
PLEDGE OF ALLEGLAN E
The Pledge of Allegiance was led by Mayor Pro Tern Kelley.
R!W
The Invocation was provided by Pastor Frank Sandoval representing Lake Elsinore
Vineyard Christian Fellowship.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI9 BRINLEY,
KELLEY,PAPE
ABSENT: COUNCILMEMBERS: METZE
Also present were: City Manager Watenpaugh, City Attorney Leibold,
Administrative Services Director Boone, Community Services Director Sapp,
Police Chief Walsh, Assistant to the City Manager Best, City Engineer
O'Donnell, Senior Planner Villa, Community Services Manager Edelbrock,
and City Clerk Kasad.
PRESENTATION
A. Pres i- oi nLy.
Goat Breker, GFI Racing, thanked the Council for the opportunity to hold the
second annual even and noted the future potential of the event. He
commented that it was a great turnout and a lot of fun for those in attendance.
Mayor Pape questioned the estimated number of people in town. Mr. Breker
indicated that he was not certain, but there was probably 60 to 70 thousand
people over the course of the weekend. Mayor Pape noted that the hotels, the
campground and the restaurants were all busy. He further noted a letter
received from the Chairman of the City Council of Honolulu which advised of
his enjoyment of the event and his hopes that they could hold a similar event.
Mayor Pro Tern Kelley questioned the condition of the man who was injured
during the event. Mr. Breker indicated that he went home from the hospital.
Mrs. Kelley indicated that it was a wonderful event and the concert
PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 259 1997
at the Diamond was wonderful. Mayor Pape concurred that it was an
excellent concert. Mr. Breker estimated the concert attendance at 6,000
people.
Postponed to December 9th Meeting.
Jeannie Corral noted the success of the parade on November 1 st; and
commented that there has been no parade in town for about 4 or 5 years. She
advised that this parade had over 45 entries from the schools and other
organizations; and over 2,000 young people participated. She further advised
that this was the first parade to start on time. She noted a wrap -up meeting
with about 45 people who have worked on the parade since the Cap
Conference, and expressed thanks to the City Council, the City Manager, Teri
Edelbrock, Brenda Seabert and the other City staff. She commented on a
video which was shot by a 5th grade class, which is spectacular; and they will
be selling copies as a fundraiser for the future parade. She detailed the
proposed parade for 1998, with the continued theme of "Keep the Unity in
Community She thanked everyone for their support.
D. Presentation - Winterfest. (17:62.1)
Teri Edelbrock, Community Services Manager, noted that she was present for
the CAP parade and Mrs. Corral was the key to the success of the parade.
She detailed the festivities planned for Winterfest and advised that there will
be snow for the event. She reminded the Council and Community that there
has not been snow for recent events due to finances, but this year Walmart
approached the City and an informal committee worked to make the event
happen without expense to the City. She listed the donations from Walmart,
Venus, Rightway, State Farm Insurance, the Outlet Center, the Rotary Club
and the Downtown Merchants. She advised that donations are still being
accepted for this event and for next year's event. She further advised that the
ceremony will begin at 5:30 p.m. and include the Tri-City Trolley. She
indicated that the snow areas will be open until 9 p.m. or until the snow melts.
She noted that there will also be a window decorating contest for the
downtown merchants, with the winner receiving a free business license.
She announced that the Tri-City Trolley begins service this Friday between
Lake Elsinore and Temecula. She thanked the Outlet Center, Pepe's and
others for their donations to the Trolley.
She also noted the Holiday boat parade of lights on December 13th, which is
being offered through donations from merchants. She detailed the viewing
locations and advised that there are still openings for additional entries. She
V
PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 25, 1997
thanked the community for their support of the festive events for the
residents.
Requests were received to address the following items and deferred to those
discussions:
Item Nos. 5 and 33.
The following items were pulled from the Consent Calendar for further discussion
and consideration:
Item Nos. 5,6,7,8 and 9.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Special City Council Meeting - October 23, 1997.
b. Regular City Council Meeting - October 28, 1997. (F:44.4)
The following Minutes were received and ordered filed:
C. Planning Commission Meeting - October 15, 1997. -
d. Planning Commission Meeting - November 5, 1997. (F:60.3)
e. Design Review Committee Meeting - October 5, 1997.
f Design Review Committee Meeting - November 5, 1997. (F:60.4)
2. Received and ordered filed the Investment Report for September 30, 1997.
(F:12.5)
3 Ratified Warrant Lists for the following dates:
a. October 30, 1997.
b. November 13, 1997. (F:12.3)
4. Rejected and referred to City Attorney and Claims Administrator
respectively, for handling the Claims Against the City submitted by Kanayan
Construction (CL #97 -11, #2) and the Heirs of Frederick Malfabon (CL #97-
25a & b). (F:52.2)
10. Approved Public Hearing Date;of December 9, 1997, for-the following:
U
PAGE FOUR —CITY COUNCIL MINUTES - NOVEMBER 25, 1997
a. Zone Change 97 -1, Revision #1, Conditional Use Permit 97 -5,
Revision #1 and Commercial Project 97 -4, Revision #1 - Argy
Construction (George Smyrniotis) (F: 172.2)(X:67.2)
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1031 relating to Zone Change 97 -2 - Scott
McDaniel. (F:172.2)
City Manager Watenpaugh gave a brief overview of the proposed location
and the plan for development.
MOVED BY KELLEY, SECONDED BY PRINLEY TO ADOPT
ORDINANCE NO. 1031 UPON SECOND 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,
PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: METZE
ABSTAIN: COUNCILMEMBERS: NONE
32. Second Reading - Ordinance No. 1032 relating to TMQM13� Prohibition o
New Multi-Famb Residential RWjects mater
agr
City Manager Watenpaugh noted that this is an extension of the multi- family
ordinance to allow for additional review.
MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT
ORDINANCE NO. 1032 UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO. 1032
AN ORDINANCE EXTENDING ORDINANCE NO 1022 AN
PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER. 25, 1997
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: BRINLEY, KELLEY, PAPE
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNCILMEMBERS: METZE
ABSTAIN: COUNCILMEMBERS: NONE
Extension of
intersection of Cha= and Minthom Streets O&la Devel=mmto. (F: I 10.
City Manager Watenpaugh highlighted this extension of time for two
additional years; and noted comments he had received from Council
suggesting a shorter period of time, such as one year due to a pending
General Plan review.
Councilwoman Brinley noted that she was concerned and suggested that this
map only be extended for one year due to the planned review of the General
Plan. She further suggested that one year should be plenty of time to allow
for that review.
MOVED BY BRINLEY, SECONDED BY PAPE TO GRANT A ONE YEAR
EXTENSION OF TIME FOR TENTATIVE PARCEL MAP 27033 BASED
ON THE FINDINGS AND SUBJECT TO THE CONDITIONS AS
FOLLOW:
Daniel Uhlry, 150 E. Lakeshore, Unit 80, commented that Councilwoman _
Brinley addressed some of the items he wanted to discuss. He concurred that
this project has been in the works for six years already; and indicated that
while he understands the problems of the developers, he would also
recommend a one year extension of time for the developer to get going or get
out of it. He stressed that six years is a long time to have a project pending.
Mayor Pro Tem Kelley noted that there were some automatic extensions of
time due to Senate Bill 428 and Assembly Bill 771. She concurred that a one
year extension should be adequate.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT.
PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 259 1997
Findings
1. Progress towards the development of this parcel map has occurred.
2. Conditions have been added by the Engineering Department to ensure the
development will not impact public health, safety and welfare.
3. The project as proposed and conditions, is consistent with the Goals, Policies,
and Objectives of the Lake Elsinore General Plan.
Conditions of Approval for Tentative Parcel Map 27033
Planning Division
1. Tentative Parcel Map will expire two (2) years from date of approval unless
an extension of time is granted by the City of Lake Elsinore City Council in
accordance with the Subdivision Map Act.
2. The Tentative Parcel Map shall comply with the State of California
Subdivision Map Act and shall comply to all applicable requirements of the
Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of
Approval.
3. A precise survey with closures for boundaries and all lots shall be provided,
per City Ordinance.
4. Signage for this subdivision shall require City Permits.
5. The City's Noise Ordinance must be met during all site preparation activity.
6. Applicant shall bond for all public improvements and grading for subject-
development as required by the City Engineer and Chief Building Official.
Bonding shall be done by final map for all improvements and grading.
7. Pay all applicable fees in force at time of issuance of building permits.
8. Prior to final approval of Parcel Map 27033 the improvements specified
herein and approved by the Planning Commission and the City Council shall
be installed, or the bonds and agreement for said improvements, shall be
submitted to the City, and all other stated conditions shall be complied with.
9. Building permits shall not be issu °d m :il proof of payment of school
mitigation fee is presented to City Et -!Eng Division.
10. All of the improvements shall be designed by developer's Civil Engineer to
the specifications of the City of Lake Elsinore.
PAGE SEVEN,- CITY COUNCIL MINUTES - NOVEMBER 25, 1997
11. Comply with all conditions of the Riverside County Fire Department.
12. Applicant must meet all requirements of Elsinore Valley Municipal Water
District (E.V.M.W.D.).
13. The applicant shall provide connection to public sewer for each lot within the
subdivision. No service laterals shall cross adjacent property lines and shall
be delineated on engineering sewer plans and profiles for submittal to the
E. V.M. W.D.
14. The developer shall submit plans to Southern California Edison for a layout of
the street lighting system. The cost of
street lighting, installation as well as energy charges shall be the responsibility
of the developer and/or the association. Said plans shall be approved by the
City and shall be installed in accordance with the City Standards. Meet all
other requirements of Southern California Edison.
15. Meet all requirements of Southern California Gas Company.
16. Meet all requirements of General Telephone.
17. All trailers used during construction, mailboxes and signage shall be subject
to Planning Division review and approval prior to installation.
18. Trailers or mobile homes utilized during the construction phase of this project
shall be subject to approval of the Community Development Director.
19. Annexation to the City's Landscaping and Lighting District is required prior to
approval of a Final Parcel Map.
20. A decorative block or masonry wall and/or alternative use of landscaping
subject to the discretion of the Design Review Board, shall be constructed
around the perimeter of the subdivision. Precise design, materials and
location to be determined through Minor Design Review process.
21. All development associated with this map requires separate Design Review
approval, the Master Sign Program to be submitted at the development of the.
first parcel, in accordance with Section 17.82 of the Municipal Code prior to
building permit approval and shall be subject to further environmental review
and project conditions in accordance with the provisions of the California
Environmental Quality Act (CEQA) Guidelines.
22. Prior to issuance of any grading permit or building permit, subdivider shall
sign and complete an "Acknowledgment of Conditions" and shall return the
executed original to the Community Development Department.
23. Conceptual and Final Landscape and Irrigation Plans for all project slope
U
PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 25, 1997 - +
areas and fire breaks shall be approved by the Community Development
Director prior to issuance of building permits for any phase of development.
Improvements shall be installed prior to Certificate of Occupancy. All
landscape improvements shall be bonded 120% Faithful Performance Bond,
and released at completion of landscape requirements approval/acceptance,
and bond 100% for material and labor for one year.
24. All applicable standards established within section 15.64 of the Municipal
Code shall be applied as long as this site retains a Zone A classification
according to the Flood Rate Insurance Maps (FIRM) as determined by the
Federal Emergency Management Agency (FEMA).
25. In the event that the alignment of the Lake Management Project's Outflow
Channel is altered and these changes relate to this project in any way, the
applicant shall amend the tentative map to incorporate said changes.
26. Prior to the approval of any Design Review application or the issuance of any
grading permit on this site a spring biological survey shall be conducted to
determine if this site contains any least Bell's vireo habitat or the habitat of
any other threatened or endangered species.
27. Per the Subdivision Map Act the final map shall be in compliance with the
tentative map.
.28. The developer shall establish and record CC &R's prior to issuance of
Certificate of Occupancy for the units. The CC &R's shall impose fees to
maintain all landscaping, parking areas, private streets, private drainage
facilities, and any other common amenities. CC &R's shall also provide
reciprocal easements for parking, access, circulation, loading, landscaping
maintenance, signage usage and maintenance in favor of all lots, subject to
the approval of the Community Development Manager and the City Attorney.
The CC &Rs shall prohibit outside storage and shall fiunish information on
any environmental hazards or constraints to all future owners/lessees.
Engineering Department
29. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code prior to final
map approval.
30. Dedicate underground water rights to the City (Municipal Code, Title 16,
Chapter 16.52.030).
31. Dedicate sufficient frontage along Chaney Street for an 88 foot right -of -way
(44 foot half- street) and along Minthom Street for a 60 foot right -of -way (30
foot half - street).
PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 25, 1997
32. All interior streets shall be 60 feet right -of -way with 40 feet curb to curb and
Street "C" shall intersect with Street 'B" with a standard knuckle.
33. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16,
Chapter 16.34, Resolution 85 -26).
34. Submit a "Will- Serve" letter to the City Engineering Department, from the
applicable water district, stating that water and sewer arrangements have been
made for this project. Submit this letter prior to final map approval.
35. Construct all public works improvements per approved plans (Municipal
Code, Title 12). Plans must be approved and signed by the City Engineer
prior to final map approval (Lake Elsinore Municipal Code 16.34).
36. Street Improvement plans and specifications shall be prepared by a Civil
Engineer. Improvements shall be designed and constructed to Riverside
County Road Department Standards, latest edition, and City Codes (Lake
Elsinore Municipal Code 12.04 and 16.34).
37. Applicant shall enter into an agreement with the city for the construction of
public works improvements and shall post the appropriate bonds.
38. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Department for construction of off -site public works
improvements (Municipal Code, Title 12, Chapter 12.08, Resolution 83 -78).
39. Applicant shall obtain all necessary off -site easements for off -site grading
from the adjacent property owners prior to final map approval.
40. Arrangements for relocation of utility company facilities (power poles, vaults,
etc.) out of the roadway or alley shall be the responsibility of the property
owner or his agent.
41. Provide fire protection facilities as required in writing by Riverside County
Fire Department.
42. On -site drainage shall be conveyed to a public facility or accepted by
adjacent property owners by a letter of drainage acceptance or conveyed to a
drainage easement.
43. All natural drainage traversing site shall be conveyed through site, or shall be
collected and conveyed by a method approved by the City Engineer.
44. Submit Hydrology and Hydraulic Reports for review and approval by City
Engineer prior to approval of final map. Developer shall mitigate any
flooding and/or erosion downstream caused by development of site and
diversion of drainage.
PAGE TEN CITY COUNCIL MINUTES - NOVEMBER 25, 1997
°45. All drainage facilities in this trz,t shall be constructed to Riverside County
Flood Control District Standards. The storm drain connections to Temescal
Wash shall be approved by Riverside County Flood Control Project.
46. All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering
Department before final inspection of public works improvements will be
scheduled and approved.
47. Provide street lighting and show lighting improvements on street improvement
plans as required by the City Engineer.
48. The 100 -year flood plain shall be indicated on the map.
49. Tract phasing plan shall be approved by the City Engineer. Bonding for
public improvements for each phase shall be approved by the City Engineer.
50. Until Street "D" is completed, secondary access shall be provided by
dedicated public right -of -way subject to the approval of the City Engineer and
Riverside County Fire Department. Minimum width of secondary access
shall be 30 feet. Once "D" Street is completed the secondary access will be
vacated.
51. The Flood Control Outlet Channel right -of -way across this property shall be
dedicated to the City upon approval of the first phase of this map.
52. Street "D" shall be connected to Silver Street and Silver Street shall be
improved to Minthorn Street. Silver Street shall be graded to ultimate
alignment and paved for two travel lanes (25 feet).
53. Developer may provide funds for the City to hire an assessment engineer to
form a benefit - reimbursement district to reimburse the developer for
improving Silver Street off site.
54. Applicant shall submit a geotechnical report evaluating liquefaction potential,
possible on site faulting and other secondary geologic constraints.
55. Developer shall contribute their pro -rata share for the design and construction
for traffic signals for the following intersections:
Collier /Chaney 38%
Collier /Central 10%
I -15 south bound ramp /Central 8%
I -15 north bound ramp /Central 6%
Collier/Riverside 4%
56. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil
PAGE ELEVEN CITY COUNCIL MINUTES - NOVEMBER 25, 1997
engineer and approved prior to final map approval. Prior to any grading, the
applicant shall obtain a grading permit and post appropriate security.
57. All improvement plans and parcel maps shall be digitized. At Certificate of
Occupancy applicant shall submit tapes and/or discs which are compatible
with the City's ARC/INFO GIS system or developer to pay $1,000.00 per
sheet for City digitizing.
58. All lot drainage shall be conveyed to a public facility or accepted by adjacent
property owners by a letter of drainage acceptance or conveyed to a drainage-
easement.
59. Developer to provide No Parking and Street Sweeping signs for streets within
tract or pay a fee for installation by City.
60. Developer shall install blue reflective pavement markers in the street at all fire
hydrant locations.
61. The owner shall provide the City with proof of his having filed a Notice of
Intent with the Regional Water Quality Control Board for a Natural Pollutant
Discharge System Permit prior to issuance of grading or building permits.
62. All utilities except electrical over 12kv shall be placed underground, as
approved by serving utility.
63. Prior to building permit issuance, the applicant shall meet all requirements of
Lake Elsinore Municipal Code Section 15.64 relating to flood hazard
regulations.
64. Prior to building permit issuance, the applicant shall meet all requirements of
Lake Elsinore Municipal Code Section 15.68 relating to floodplain
management.
65. Prior to certificate of occupancy, the applicant shall provide FEMA elevation
certificates.
34. Power AgMeation - Multi- Agency Funding Pool - Resolution No 97 -68.
(F:170.1)
City Manager Watenpaugh noted that this item relates to a preliminary study
underway through WRCOG; and noted the City's participation in the
discussion of deregulation of power. He explained that this item suggests that
the Council consider funding for the study at a cost of $3,700; and noted the
benefits of aggregation for the residents and the potential savings for the City.
He clarified that this approval would not be a commitment to participate in
the future; as the City could choose to go with Edison or another provider
anyway. He suggested that this study would be a low cost way to obtain
information upon which to make a decision.
PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 25, 1997
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION
NO. 97-68, AGREEING TO PARTICIPATE IN THE WRCOG /SANBAG
EFFORT TO FORM A POWER POOL.
RESOLUTION NO. 97 -68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, TO PARTICIPATE IN THE
WRCOG /SANBAG EFFORT TO FORM A POWER POOL.
ITEMS PULLED FROM THE CONSENT CALENDAR
5. Cancellation of December 23, 1997 City Council/Redevelopment Agency
Meetings. (F:44.1)(X:134.1)
John Seepe, 15631 Half Moon Drive noted this request for cancellation of a
meeting; and noted the meetings canceled in prior months. He reminded the
Council that the meetings are for the people as well and suggested that the
December 23rd Council meeting be deemed a "true town hall meeting ". He
addressed the Mayor and noted his prior comments on better communication
between the City and the residents. He suggested that the town hall meeting
format discuss how to get an item on the agenda, long and short term financial
obligations, the annual financial statement, project processing and the status
of discussions with contractors. He noted that residents receive most of their
information through the newspaper and suggested an expanded discussion of
the processes. He noted comments bat the City is one of the most aggressive
Redevelopment Agencies in the State and suggested holding meetings for the
people to explain this reasoning. He offered to provide a precise list of
questions for such a meeting. He indicated that illegal meetings with
developers should be avoided.
Councilman Alongi expressed the same concerns as Mr. Seepe and suggested
that there is a responsibility to the Community to hold the scheduled
meetings. He objected to this cancell1tion, as it would be the third one in
recent months.
Mayor Pro Tem Kelley clarified that tie October meeting was canceled due
to the Annual League of California Cities Conference and the November
meeting was on the Veteran's Day holiday.
Councilwoman Brinley stressed that ttie November meeting would have been
on the legal Veteran's Day Holiday; and all public agencies were closed that
date. She stressed that some people do have family and Christmas is a family
time; and that many people may be traveling to visit family. She stressed that
family is a priority.
PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 25, 1997
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY A
VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE
AND METZE ABSENT TO CANCEL THE DECEMBER 23RD CITY
COUNCIL AND REDEVELOPMENT AGENCY MEETINGS.
1997, 6. Resolution No. 97-67 - Reduction in Business License Tax per November 4.
on Results.
Councilman Alongi expressed concern with this report and indicated that it
did not explain how the rebates for overcharges would be handled. He noted
that this is approximately $100,000. City Manager Watenpaugh indicated
that it was his understanding that this action would implement the vote of the
people, and there is nothing that says how or when it starts. He noted that he
believes it will go into effect as soon as the vote is ratified by the Council.
City Attorney Leibold advised that there is no provision for reimbursement;
but the City has taken an aggressive stand to implement the will of the people
upon ratification of the election results. She indicated that it will go into
effect immediately. Councilman Alongi requested clarification that there
would be no refund. City Attorney Leibold confirmed.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION
NO. 97-67 REDUCING THE BUSINESS LICENSE TAX RATES TO THE
1995 LEVEL.
RESOLUTION NO. 97 -67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RESCINDING RESOLUTION
NO. 95-45 (BUSINESS LICENSE FEE INCREASE)AND RE-
ADOPTING FEES AS SET BY RESOLUTION 91 -11.
7. Service Agreement for Pest Control at City Facilities. (F:68.1)
Mayor Pape noted that proposal received was a great reduction in costs.
Councilman Alongi indicated that he was glad to see local businesses willing
to bid on work for the City. He noted that 4 of the 9 proposals were from
local contractors and a local firm got the contract.
MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT THE BID OF
$211 PER MONTH ($2,532 PER YEAR) AS SUBMITTED AND AWARD A
CONTRACT TO ANTIMITE TERMITE AND PEST CONTROL FOR A
TERM OF ONE YEAR RENEWABLE UP TO 3 YEARS WITH
SATISFACTORY PERFORMANCE.
U
PAGE FOURTEEN - CITY COUNCIL MINUTES - NOVEMBER 259 1997
8. Emergency Park Funding 11pdate. (F:114.1)
Councilman Alongi noted that the Council is again going to reserves to take
money for the parks. He further noted past comments by the Council and
Mrs. Brinley, but stressed that they are now looking at another $27,000 or
$28,000 and indicated with the other expenses they could have kept the parks
open at full operation and given the little leaguers a chance to work at
scheduling their events. He indicated that if TMC does not work out, he
believes the Council will go to the reserves again. He noted the schedule of
expenses for operating the parks and indicated that he though they were
operating at 40 %. He noted specific costs for water and electricity at
various parks and questioned where the 60% reduction has taken place. He
stressed that in September the Council voted on the low maintenance level
from parks and questioned why it was not reflected. City Manager
Watenpaugh clarified that the schedule shows actual cost from July 1st on a
month by month basis, and the reduction in cost began on July 1, 1997. He
further clarified the costs incurred, the funds received and the matching funds
provided. He explained that this item is seeking one more month for a total
cost of $91,000 for July through November. Councilman Alongi further
questioned the 60% reduction for maintenance, and stressed the costs for July
and the following months, indicating that he does not see the reduction. City
Manager Watenpaugh clarified that the schedule does not show the 100%
figure for comparison, but rather the actual costs.
MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ALLOCATE $22,000
FROM THE GENERAL FUND RESERVES TO CONTINUE REDUCED
MAINTENANCE OPERATIONS AT CITY PARKS THROUGH THE
MONTH OF DECEMBER, 1997, PROVIDING ADDITIONAL TIME FOR
STAFF TO POTENTIALLY IDENTIFY AN ALTERNATE FUNDING
SOURCE FOR'THE MAINTENANCE OF PARKS AT A REDUCED
SERVICE LEVEL.
Councilman Alongi indicated that he has a small problem with the report on
page 8 of 9 where it indicates that the "City held a City council orientation on
Thursday, November 6, 1997 ..... on the use of CDBG funds ". He requested
the minutes of that meeting. Community Services Director Sapp clarified
that it was not a City Council meeting, but rather a citizen's participation
meeting; and indicated that information would be corrected.
MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DIRECT STAFF TO
COMPLETE AND SUBMIT AN APPLICATION TO THE COUNTY OF
RIVERSIDE REQUESTING CONTINUED FUNDING OF THE
OPERATIONS OF THE LAKE ELSINORE SENIOR ACTIVITY CENTER
PAGE FIFTEEN CITY COUNCIL MINUTES - NOVEMBER 25, 1997
THROUGH THE COUNTY'S 24TH YEAR PUBLIC SERVICE
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:45
P.M.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:05
P.M.
PUBLIC COMMENTS - NON - AGENDIZED ITEMS
John Seepe, 15631 Half Moon Drive, thanked the City Attorney for her
clarification, but indicated that the City did pay for lunch for all City personnel
present. He explained his motives for addressing Council regarding Eastlake and
noted that this project is costing the community $456,000,000 which is 1/4 of the
end value of the entire project. He stated that the cost should be on the developer,
not the City.
Nita Van Heest, presented a list of questions for Councilwoman Brinley to answer
regarding TMC.
Chris Hyland, 15191 Wavecrest Drive, stated that she has done extensive study on
the Brown Act and has talked to two well known lawyers today regarding the
Brown Act and stated that Council did violate the Brown Act. She called for the
resignation of Mayor Pape and Councilwoman Brinley for violating the Brown Act.
She thanked all the people who voted for her and stated that in one respect she won
because all of the measures failed. She stated that she cannot tolerate liars and
unethical people. She stated that there will be another recall and all signatures will
be verified. She called for change.
CITY MANAGER COMMENTS
City Manager Watenpaugh requested study sessions or special meetings on
presentations of 24th year CDBG funding, a special RDA public hearing meeting to
comply with Redevelopment and Housing Implementation Plan; and suggested
December 30th from 10 a.m. to Noon. He finther requested a joint study session
with the planning commission on January 6th from 3 to 5 p.m.; and a Goals and
Objectives setting study session on January 20th from 10 a.m. to Noon with a break
for lunch and return from 1 to 3 p.m., if needed.
rs' @uu �,,
1. Explained that the Brown Act requires that the public business and
deliberation of public business and the decision making take place in a public
open and noticed forum. She noted that the Luncheon did not involve any of
those things and was not in violation of the Brown Act. She stated that she
would be happy to talk with anyone that wants to discuss' it further and she
PAGE SIXTEEN - CITY COUNCIL MINUTES - NOVEMBER 25, 1997
would walk them through the statute and clarify the exceptions.
2. Announced that there would be two closed sessions items.
3. Commented on Mr. Seepe's suggestions and stated that he would have the
opportunity to comment on the RDA issues on December 30th.
CITY COUNCIL COMMENTS
Councilman Alongi commented on the following:
1. Commented on the Brown Act and noted a memorandum generated by
Chairwoman Brinley outlining the topics of discussion at the Luncheon and
noted that the memorandum did address City business which would be
discussed. He further noted that the invitation stated that the City of Lake
Elsinore was hosting the Luncheon. He further noted that she had no
authority to send this letter and did not confer with the other Boardmembers
prior to sending out the letter. He fiuther stated that he had made contact
with two attorneys and they agreed that this Luncheon was in violation of the
Brown Act.
2. Read an article in the Press Enterprise newspaper regarding a program that is
being implemented in Rialto through their Redevelopment Agency for fighting
blight in their City. He noted that Lake Elsinore has not spent a dime in the
blighted area and should be rehabilitating homes through the Redevelopment
Agency and not financing the Lake, Ballfield and Theater.
3. He noted that the Mayor and Councilman Metze need to send flowers to Mr.
Gray because he won the election for them. If the votes were totaled up they
would find the percentages enlightening.
4. Noted the projects that have not occurred such as the sports complex; the
water park; the raceway and read letters in opposition to the raceway; the
Red Lion project; K -Mart is closed and the expansion to the Theater is not
going to happen; and the Liberty project which has a long way to go.
5. Noted the sale of the Outlet Center and stated that the City was not notified
and we have approximately $7,000,000 involved in that project. He noted
that prior to the sale, the money the City invested should be returned.
6. Questioned why the City would advertise the Outlet Center and not the other
areas of business in the City. He noted the different areas that could use
assistance from the City. He asked why the bus is going to Wal -Mart and not
other areas of the City. He stated that he felt that the City was ignoring the
backbone of the businesses in the community.
7. Noted that we are not supposed to take money from the reserves, and yet we
PAGE SEVENTEEN - CITY. COUNCIL_MINUTES - NOVEMBER 25, 1997
keep doing it.
8. Stated that the reason that there was such a bad turnout at the town hall
meetings was because they were about the measures and people have heard
enough about them. He stated that people will show up at a town hall
meeting if it is a subject of interest.
9. He made note of a statement from Mayor Pape's campaign brochure and
stated that this Council does not deal with equality. He stated that this
Council has lowered even the minimum standards to put in gas stations and
allowed six variances. He addressed low income and stated that it was on the
backs of people from different countries who came to this country that made
this country what it is; the people who clean out the ."shit holes'; the people
who dig the dirt; the people who do the jobs that you people with a couple of
bucks in your pocket, ride around on your "fat asses" in your Lincohis, don't
want to provide them housing. He questioned the Mayor's credibility and
noted a court order for child support for the Mayor. He noted a Bankruptcy
filed by the Mayor and the fact that people want him in control of the City's
budget. He questioned the Mayor's credibility and equality; and stated that
he openly discriminates against low income people. Councilman Alongi
stated that he has dedicated his life to this community by building in low
income areas, because no one will build in those areas. He noted that the
house the Mayor lives in is less quality than the ones that he builds. He
stated that in the old days in 1992, there was money in the Reserves and the
General Fund, and the City paid its bills. He further stated that today the City
is not paying its bills; today it is $15,000,000 deeper in debt and today it
cannot meet its bills. He noted that one year from now a $1.3 million dollar
payment is going to come due and no one knows where the money is going to
come from, but Council keeps giving the public "horse- shit" about
development.
Mayor Pape called Councilman Alongi to order for his language. Councilman
Alongi strongly stated that he had the floor and he would speak when he wanted to
speak. He stated that it is freedom of expression and speech.
10. Stated that Councilwoman Brinley loved the children, however she loved
money more than the children because of the parks. He stated that "our day is
coming and when it does you will be out of here and I'll still be here ".
11. Addressed his court case and stated that Mr. Paul Smith lost his case and with
the depositions the City was taken out of the lawsuit so it proved that he was
not acting as a Councilperson and was acting as a private person. He further
stated that Mr. Smith got nothing, however, he noted that some lawyers,
when they see the end coming, try and grab what they can and run. He noted
that normally it's their fee, therefore, he agreed to pay Mr. Smith's lawyers
fee and Mr. Smith gets nothing and that's exactly what Councilman Alongi
wanted..
PAGE EIGHTEEN CITY COUNCIL MINUTES - NOVEMBER 25, 1997
12. Noted that he was just notified that he had lost the first appeal of the FPPC in
Superior Court, however that did not bother him. He stated that he loves this
country, we have a great system and we have to use the system. He noted
that he has a long way to go before anything happens in that area.
13. Stated that he is still dealing with the Grand Jury and noted that he has
finished his testimony and he will be able to talk more about it after the fourth
or fifth of December. He stated that he hopes that all of this will be brought
to a conclusion.
14. He noted that the public elected Mayo_ Pape and Councilman Metze and he
congratulated them. He stated that he told the people that ran that if three
people ran the two would win because of the division of votes, not that they
deserved to sit up here, because if they check the election, they would have
lost.
15. Noted that the Council Policy states that every two years there shall be a new
Mayor elected, not elect the Mayor, but a new Mayor. Every Council for the
past ten years has left that there. He stated that Councilwoman Kelley should
be the new Mayor. He asked what makes them think they can do a better job
since they can't take care of their own finances. Mrs. Kelley at least has an
education and shows compassion. He stated that he felt that she was sincere
about bringing a change to this Council and noted that Mayor Pape,
Councilwoman Brinley and Councilman Metze are power mongers and have
never had authority in their life and are afraid to give it up since it is the only
way they can show their authority.
Councilwoman Brinley commented on the following:
1. Noted that approximately 5 or 6 years ago the Redevelopment Agency went
in and helped the Amber Ridge area because their septic tanks were failing.
She noted that people were not able to sell their homes, even if they wanted
to because of the failing septics. She stated that the RDA made it possible for
sewers to be installed in their area and allow the residents to connect at a
lower rate by working with the City and the Water District.
2. Commented on Tootsie the Trolley. Stated that it will be coming to the
Outlet Center on December 5th and there will be entertainment for the
occasion. She noted that the trolley will be in use starting the Saturday after
Thanksgiving through the last Saturday of December. She stated that the ride
for adults will be $50 and $.25 for children under 18, seniors and the
disabled. She noted that there are fliers available to mark the route. Thanked
the Outlet Center, Pepe's Restaurant, Denny's Restaurant and Oak Grove
Equities who sponsored the trolley. She encouraged everyone to use this
service.
3. Stated that she had a recent discussion with the development Manager at
Wal -Mart and he told her that El Pollo Loco should start construction on
PAGE NINETEEN - CITY COUNCIL MINUTES - NOVEMBER 259 1997
December 1, opening sometime in February; Kragen Auto Parts will be going
in to that Center as well.
4. Noted that it is hard to understand things when there are people trying to
confuse the issue. She expressed hopes that the public would take the time to
either place a call to City Hall or come to City Hall to discuss the Brown Act
with the City Attorney. She fiuther noted that the RDA will be more active in
the future and will be working at bringing all the issues and facts before the
public to lead to better understanding.
5. Wished everyone a safe and good Thanksgiving.
Mayor Pro Tern Kelley commented on the following:
1. Announced that there will be the Boat Parade of Lights on December 13, at
5:30 p.m.
2. Announced that there will be snow downtown on December 5th.
3. Congratulated Goat for a wonderful Elsinore Classic weekend. She stated
that she and her family had a great time. 4, - -
4. Congratulated the new Board for the Lake Elsinore Association of Realtors.
Stated that it was a pleasure to attend their installation.
5. Wished everyone a Happy Thanksgiving; and stated that we have many
things to be thankful for.
Mayor Pape commented on the following:
1. Thanked his Campaign Manager Chris McColley for all of the long hours and
work to make his campaign a success; thanked Lori Sostre, Spencer Sostre,
and Don Burnell for putting up signs for the campaign. He expressed his
appreciation to the people who gave endorsements and thanked the people
who distributed fliers on behalf of his campaign. Thanked the public for
words of encouragement that he received while walking the neighborhoods
during his campaign. He stated that he would try and be worthy of that
support for the next four years.
2. Commented on the fish kill and noted that crews have been out for the last
several days and will work until the job is done. He noted that the
Governor's Office has been made aware of the situation and he stated that he
hopes that this will assist in gaining a receptive ear for the Lake the next time
State assistance is requested.
3. Congratulated City Clerk Kasad for her appointment to the 1998 League of
California Cities State Wide Policy Committee on Employee Relations. She
3
PAGE TWENTY - CITY COUNCIL MINUTES - NOVEMBER 25, °1997
was appointed by the City Clerk's Association.
4. Congratulated Mayor Pro Tem Kelley and Councilwoman Brinley for their
last Visions and Views Show. He stated that there have been a lot of good
comments about the show and the Airport has received a lot of good
comments as well. He noted that it took a lot of courage to go on the plane.
5. Thanked the people of H.O.P.E. for inviting him to their annual fund raiser.
6. Stated that he attended the Dolphins Charity Game for the parks and noted
that everyone had a lot of fun and it was a great success. He further stated
that he appreciated their efforts on behalf of the parks.
7. Stated that he attended the open house at Fire Station 10, and noted that they
had good attendance and presented some very nice exhibits. He
congratulated them on their efforts.
8. Noted a Meeting with the User Groups regarding the Parks and explained that
staff and Council are working with them to try and find solutions to allow
them the ability to use the fields this year. He noted that the City is a long
way from being able to accomplish that end, however they are working on it.
9. Reminded everyone about the Winterfest on Friday, December 5th, and
encouraged everyone to bring their children and enjoy the snow. He noted
that there will be a special guest for the Children passing out candy and they
can sit on his lap and ask for additional goodies.
10. Announced that December 13th, is the boat parade and encouraged people to
attend.
11. Advised that World Savings will be opening at the Wal -Mart Center the
middle of December.
12. Noted the personal slander items and stated that he will take the high road.
He stated that he prefers to debate the projects and issues on their own merit,
however some people do not have the capacity to do that and have to resort
to personal attacks. He stated that he felt that was not productive and he
would rather raise people up, instead of getting down into the gutter with
them. He would ask that the public not be angry with them, because some
people's hearts are filled with hate and he asked that people pray for them.
He noted that they need more help than what some can give and suggested
trying to forgive them and work with them, so maybe someday they might be
able to remove some of that hate from their hearts. • Mayor Pape stated that
the issues brought up were from 10, 15 and 20 years ago and stated that he
had some rental properties that didn't work out along with bad legal advise.
He noted that there are some things that might have been done "
PAGE TWENTY- ONE -CITY COUNCIL MINUTES - NOVEMBER 25, 1997
differently, however if we had 20/20 hindsight it would not have happened,
but we don't, so we can learn from our experiences and move on.
Mayor Pro Tem. Kelley further commented on the following:
1. Recognized the Mayor's continued appointment to the State Wide Public
Safety Policy Committee for the League of California Cities.
2. Stated that she was appointed to the Community Services State Wide League
of California Cities Board and the Executive Board of California League of
Cities, Riverside Division.
CLOSED SESSION
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.
b. Conference with Real Property Negotiator - City/EVMWD - Well Site
Agreement - Riverside Drive Campground - Discussion of Terms including
without limitation Price & Terms of Payment. 54956.8 for both.
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO
CLOSED SESSION AT 8:50 P.M. TO DISCUSS THE ABOVE LISTED
ITEMS.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:45
P.M. WITH DIRECTION BEING PROVIDED TO THE CITY ATTORNEY
AND CITY MANAGER ON BOTH ITEMS TO CONTINUE
NEGOTIATIONS.
ADJOURNMENT
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE
REGULAR CITY COUNCIL MEETING AT .47 P.M.
,EVIN W. PAP , MAYOR
ITY OF LAKE ELSINORE
AT ST:
CKI An, (.ftY CLERK
CITY OF LAKE' ELSINORE