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HomeMy WebLinkAbout11-26-1996 City Council MinutesMIIVUrES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 26, 1996 ************r***~************************************~~***~***rr* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:05 p.m. PLEDGE OF ALLEGLANCE The Pledge of Allegiance was led by Councilwoman Brinley. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, Administrative Services Director Boone, Community Development Director I,esGe, Community Services Director Sapp, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS a. Presentation - Goat Breker - GFI Racing. (F:62.1) Mayor Pape noted the recent Grand Prix Event and highlighted the positive letters received from participants and spectators. He further noted specific positive comments regarding the good organization, well behaved crowd, increased business for the community, and commendations of the efforts of Police, Fire, City Sta~ Race Officials and GFI Racing. City Manager Molendyk questioned the distance traveled to participate in the race. Goat Breker introduced Linda Sapp and Linda Madison, who assisted him with the event; and advised that there were entries from 7apan, Alaska, Canada, England and Hawari. Mayor Pape read and presented the Proclamation to Goat Breker, and noted the coverage on the front cover of a Motorcycle magazine. Mr. Breker noted an upcoming half hour special on ESPN on November 30th. He presented a film clip from the ESPN coverage of the event and the Robbie Knieval jump. Mr. Breker thanked the Council for their trust and support in him, and stressed the interest this event received in the media and from potential sponsors. He explained his interest in a long term commitment in the City and stressed his efforts to bring the Community a positive event. b. Presentation - Report on Po(ice Programs. (F:127.2) Chief Walsh provided an update on the status of grants and other programs. He advised that the COPS grant in the amount of $59,000 has been approved; and the Federal Crrant in conjunction with the Fast Cop has been approved for $85,000 with a$9,000 match over the ne~ct two yeazs. He also advised that the C.D.B.G. grant for the downtown area to use for patrols throughout the year has been approved. He explained that many of the ideas for use of the funding will cover the gang intervention, extra patrols, increased enforcement and other ideas received from Council and the Public. City Manager Molendyk noted the increased holiday patrols. Chief Walsh advised that starting Friday, November 29th, there will be two patrol cazs during the prime shopping hours dedicated to the shopping areas throughout the PAGE TWO - CITY COUNCIL NIII~TUTES - NOVEMBER 26,1996 City, for extra security and protection throughout the City,' continuing through Christmas Eve. c. Introduction - FYed ~ancia, Area Manager for Southern California Edison. (F:170.3) Fred Francia noted his background with Southem Califomia Edison and looked forward to assisting the community. City Manager Molendyk noted that he had an opportunity to meet with the former representative and welcomed Mr. Francia to the community. Mayor Pro Tem Kelley extended thanks to Southern California Edison for the additional street lights in the Hammerhead area. PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. CONSENT CALENDAR Tl'EMS MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special City Council Meeting - November 5, 1996. (F:44.4) b. 7oint Study Session with E.V.M.W.D. - November 5, 1996. The following Minutes were received and ordered filed: c. Regular Planning Commission Meeting - October 16, 1996. (F:60.3) d. Special Planning Commission Meeting;- October 30, 1996. e. Regular Planning Commission Meeting - November 6, 1996. f. Design Review Committee Meeting - October 16, 1996. (F:60.4) g. Design Review Committee Meeting - November 6, 1996. 2. Ratified Warrant List forNovember 14, 1996. (F;123) 3. Approved Public Hearing Date of December 10, 1996, for the following: a. Tentative Tract Map 27617 - Dyer Wynn. A request to subdivide approximately 20.19 acres of vacant land into 71 single family residentially zoned lots. The proposed project is located on the northwestern part of the City, north of Tuscany Hills in a remote azea which can be accessed via Greenwald Avenue. (F:160.2) PUBLIC HEARINGS 21. Ordinance No. 1022, extendinp_ Ordinance No 1021 - An Urpencv Interim Ordinance which Temporarily_prohibits Residentia] Projects at a Densitv Greater than Twelve (121 Dwelling Units ~er acre Pendin~ contemplated General Plan and Zoning Studies. (F:32.1) Mayor Pape highlighted this item and the previous approval. He explained that this action will allow time for staff to review the e~cisting development. PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 26, 1996 Councilman Alongi questioned ifthis action was extending the time frame or the moratorium. Mayor Pape opened the public hearing at 7:25 p.m., asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:25 p.m. Councilman Alongi indicated that he still thinks this is an unnecessary actioq as the figures show the total number of multi-family units is not high. He further indicated that the total of mukiple units is only 26%. He commented that the General Plan was adopted by the Council and suggested that a review of that plan might be more appropriate. He suessed the investments which aze made based on the e~tisting General Plan, and indicated that this action is unwananted. MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1022 EXTENDING THE STUDY PERIOD FOR AN ADDTTIONAL 10 MONTHS AND 15 DAYS. ORDINANCE NO. 1022 AN ORDINANCE EXTENDING ORDINANCE N0.1021- AN URGENCY INTERIM ORDINANCE TEMPORARILY PROHIBITING NEW MULTI-FANIILY 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, METZE, PAPE NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIlV: COUNCILMEMBERS: NONE 22. Paradise Chevrolet - Aereement to Develop and Operate Auto Dealershin. (F:68.1)(X:58.2) City Manager Molendyk highlighted this request and noted the plans approved at the last Council Meeting. He explained that pursuant to this Agreement the Planning Commission. and City Council will allow the necessary signage along the freeway, the owner will front the money for street improvements and over the following 5 years those dollars will be reimbursed with 7% interest to compensate for the use of private money for public improvements. He indicated that this Agreement had been negotiated in good faith with the owner, Mr. Gregory, and recommended approval. Mayor Pape opened the Public Hearing at 7:30 p.m., asking those persons interested in this item to speak. Hearing no one, the Public Hearing was closed at 7:30 p.m. Councilman Metze questioned page 5 of 11, item number 7. City Attorney Harper explained that this is a typical provision in this type of agreement; which clarified that if 20% of the dealership is destroyed, the period of time is e3ctended. Mayor Pro Tem Kelley questioned the infrastructure Mr. Gregory will be required to provide, for the public's information. City Manager Molendyk explained that it will include the installation of all public improvements on the east side of Casino drive, including curb, gutter, street lights, and storm drains along the frontage of the business. He advised that there will be one additional lane to benefit the business and the neighborhood. Councilman Alongi noted that he would still like to see something to guarantee the PAGE FOUR - CITY COUNCII. NIIlVUTES - NOVEMBER 26,1996 landscaping, as it is still crossed out. He noted that Mr. Gunn is being paid a lot of money to figure out the City's financing, and commented that he has said that having developers loaning money is not a good idea and we aze still doing it. He noted the interest that will accumulate at 7% over 5 years, and questioned the amount of sales tax and property tax to be gained. He indicated that he would rather pay him off the first year, than pay all of the interest. He indicated that he would like to know the contribution to the Community, besides the crea6on of jobs and the provision of infrastructure. He expressed concern that this offer is not made to private individuals in the community. He indicated that he does not deny that it will produce jobs, but questioned if the City can afford to use the taxpayers that way. He stressed his interest in paying offthe money in a year or two. City Manager Molendyk noted an earlier discussion with Councilman Alongi and explained that because the developer is using private money, it is felt that he should receive interest, as requested by Mr. Gregory. He indicated that ifthe money is available, there would be no problem with looking at earlier pay off dates. He noted the convenience of having a dealership in the Community. He advised that the dealership will initially create 45 new jobs and work up to 75 over the ne~ct two or three years. He indicated that staffwill be happy to look at an earlier payoffto save the interest. Mayor Pape suggested that most people would find that a reasonable expectation, and noted that private individuals would not necessarily be expected to do the public improvements themselves. If doing the public improvements don°t necessarily have to do it themselves, as if the road and infrastructure were in place this expense would not be necessary. He noted that most cities sell a bond and put the infrastructure in to attract businesses, and suggested that this is nearly the same thing. He indicated that loan should easily be paid off in three or four years with the regulaz payment. He stressed that the Council will need to deternvne the best use of the funds at the time, on a year by yeaz basis. Mayor Pape suggested that this was a fair compromise. Councilman Alongi noted the Bonds discussed by the Mayor are CFD bonds, paid back by the owners, not the City; and commented that those people assessed themselves. He indicated that the whole story needs to be provided. He indicated that it is wonderfut to have Paradise Chevrolet her, but the credit itself is a good deal and he does not believe in paying the interest if it is no4 necessary. He stressed that there aze services he would like to bring back, such as Kids on Track, the Senior Center, etc., but cannot do so with this obligation to pay interest. Mayor Pape indicated that there was no disagreement with this. CounciUnan Metze noted Councilman Alongi's comment about assisting only large businesses, and indicated that he could not remember the last time a small business was asked to provide that level of improvements. MOVED BY BRIlVLEY, SECONDED BY MET7,E AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AGREEMENT AND OPERATING COVENANT WITH PARADISE CHEVROLET. 23. Approval of the Riverside Countvwide Inteerated Waste Mana~ement Plan (CIWMP) Final Draft - Resolution No. 96-61. (F:163.1) City Manager Molendyk highlighted the requirements for this plan, and explained that the latest plan is being adopted on a County-wide basis. Mayor Pape opened the Public hearing at 7:43 p.m., asking those persons interested in this item to speak. Hearing no one, the Public Hearing was closed at 7:43 p.m. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 96-61 APPROVING THE RIVERSIDE COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN (CIWMP) FINAL DRAFT. PAGE FIVE - CTTY COUNCIL MII~TUTES - NOVEMBER 26, 1996 BUSINESS TTEMS Mayor Pape requested the addirion ofItem #32 to this Agenda being an Ordinance which is necessary ' as a result of Proposition 218. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADD ORDINANCE NO. 1023 TO THIS AGENDA AS TTEM #32. 31. Evaluation of Withdrawal form the Riverside Cit,y and County Public Library System - Resolution No. 96-62. (F:98.1) City Manager Molendyk explained this item and the action at the previous City Council Meeting to participate in the joint study with the other cities. He explained the recent and pending cutbacks in the library system. He further explained that this Resolution indicates that the City is giving notice that we want more service hours for the libraries, and in the event of continued cutbacks it would allow the City alternadves. He indicated that all of the answers are not known yet, but the study should provide those answers. Mayor Pro Tem Kelley added that this part was pulled from the last agenda item for closer review. She explained that this is like the Resolution adopted by the City of Temecula, with a very conservative approach to look for additional services or take further action. She indicated that when the study has been received, there will be a study session to see if there is a feasible alternative. She stressed that the irutial interest is in negotiating a higher level of services. Mayor Pape noted the limited hours of the library and stressed the need for change; whether that means additional funding by the County or working with other cities to provide the services. He indicated that the study will help explain the right direction, and stressed the need to continue to review the options. Councilman Alongi indicated that it would be foolish to think the County or the City can afford a library, and suggested that this action would orily be aggravating the situation. He questioned if the County is cutting back, where the City could come up with the necessary dollars. He stressed that there are currently libraries in place, and whether they are big enough or open enough hours, at least they aze there. He suggested that the Resolution does not leave very much open for negotiations, as everyone is suffering from reduced property values. He indicated that this is a bad time to start moving on this action, and suggested that there is no need to address it by December lst. He suggested that the Council be cautions and not cause itself problems. Councilwoman Brinley stressed the need to look ahead as libraries are changing and the funding is changing. She suggested that what is needed is more centrally located libraries between multiple cities. She stressed that is giving enough notice and taking a very conseivative approach; as it is only saying we aze looking toward the future and the changes which will occur. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 96-62: RESOLUTION NO. 96-62 Mayor Pape noted that this issue is centered around Lake Elsinore, Temecula and Mumeta; and interest has now been raised for discussing common interests with the City of Canyon Lake as well. PAGE SIX - CITY COUNCIL NIIl~TUTES - NOVEMBER 26,1996 THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WTTH ALONGI CASTING THE DISSENTING VOTE: 32. Ordinance No. 1023 - Approvin~ a Public Leaseback. (F:92.1)(X:126.5) City Attorney Harper explained that the proposed Ordinance will address a corporate leaseback situation, which will be part of the upcoming restructure of the Bond pool. He explained that it is necessary to give the Ordinance a first reading now to allow for an appropriate effective date. He noted that the action does not mean a great deal at this time, as there will also need to be a second reading. He noted that he was asked by Councilman Alongi if this item was necessitated by Proposition 218, and he answered no; however, it essentially is necessitated by Proposition 218. He recommended adoption of the Ordinance now, as a first step to be followed by much information on December 3rd. City Manager Molendyk commented that Mr. Gunn will review the proposat in depth at the Special meeting on December 3rd. 1VIOVED BY BRINLEY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 1023 UPON FIRST READING BY TITLE ONLY. ORDINANCE NO. 1023 AN ORDINANCE OF THE CITY OF LAKE ELSINORE APPROVING A PUBLIC LEASEBACK. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE THE CITY COUNCIL MEETING WAS RECESSED AT 7:55 P.M. THE CTTY COUNCIL MEETING RECONVENED AT 7:57 P.M. PUBLIC C0114MENTS - NON-AGENDIZED ITEMS Albert Grasso, 15057 Laurel Lane, commented on the trash contract with CR & R; and indicated that he can't af~'ord the chazges and doesn't use the system. He stressed the recent increases and questioned the justification for this type of approvals. He noted a commented by one of the Councilwomen regarding Proposition 218 and stressed that the property owners can only afford so much. He expressed concern with the amount of ta~ces in Lake Elsinore vs. those he paazd previously in Costa Mesa. He expressed frustration with not being able to sell his home. CITY MANAGER COMMENTS City Manager Molendyk reminded the council ofthe upcoming Study Sessions and Council Meetings on December 3rd, December Sth and December 19th. He further reminded the public of the Christmas Tree Lighting Program on December 6th and the Boat Pazade ofLights on December 14th. He wished the community a Happy Thanksgiving. CITY COUNCIL COMMENTS PAGE SEVEN - CITY COiTNCII. MINUTES - NOVEMBER 26, 1996 Councilman Alongi commented on the following: 1) Noted his enjoyment of the GFI races, as they went through his community, and indicated that it was a great event, and he was very impressed. He also noted the letters Council has received about the races. 2) Addressed a letter regarding prostitution at the Circle K on Main Street which he investigated and found to be a true situation. He stressed the need to have the Sheriffs Department address the situation. 3) Addressed a letter &om 5enator Ray Haynes in the Chamber of Commerce newsletter regarding the Davis-Bacon Act which requires equal bidding. He stressed his concerns with the issue and suggested inclusion of opposing views in future newsletters. 4) Indicated that Mr. Grasso was right about the trash collection; and indicated that he doesn't know why the City increased their profit. He noted that he voted against that action. 5) Noted the School crossing at highway 74 and stressed the danger of the intersection. He indicated that it would cost about $6,000 a year, for the City, County, Caltrans and the School District to pay for a crossing guazd until a final decision is made. 6) Noted incidents which happened on Friday and this date, and indicated if it had been him they would have been front page news. He explained that "no parking" signs were placed on Main Street for a Trolley activity, for Visions and Views. He noted that Councilmembers Bruiley and Kelley are on a Corrunittee, just like he serves on the R.C.H.C.A. Board. He stressed that while he serves on the Board, he cannot make decisions without Council direction. He noted that they had Main Street closed with no approval for the street closure or for the expenditure of tax dollars. He stressed that they only serve on a committee and they promised that the show would not cost the City anything. He commented that he heard that it cost about $6,500 so far. He noted that the businesses on Main Street were not notified; and the City Manager did not know about it either. He indicated that the second incident involved the Mayor's Car being driven by a City Employee on Langstaff; and noted when he questioned the employee it was indicated that he took it to the repair shop to get it fixed. He further explained that one of the employees backed into the Mayor's caz, and he elected to have a City employee take it to have it fixed. Ae expressed wncern with the potential liability ifthat employee were involved in an accident while driving the Mayor's car. He indicated that there are specific requirements and stressed that the Mayor knows the procedure. He noted that if he had been involved in these incidents, there would be memos to the F.P.P.C., all of the press, etc. He suggested that the rules only seem to apply to him. 7) Announced that on Wednesday, "More than Three lVfinutes" will go on for a year. He noted the projects, financing and assessments which will be addressed, and suggested that trash fees should also be addressed. He stressed that it is important for everyone to play by the same rules. Councilman Metze commented on the following: 1) Complimented the Sun Tribune on their coverage of the Grand Prix; and commended the other papers on their clearer delineation of where incidents occur. He noted that he only received two negative letters on the race and they were minor issues which can be resolved. PAGE EIGHT - CITY COUNCIL MINUT~S - NOVEMBER 26,1996 2) Advised that he attended the Student of the Month presentation this date and indicated that it was quite an experience. He noted that it was a good opportunity for the parents to talk about the accomplishments of their children. 3) Wished the community a Happy Holiday. ~ Councilwoman Brinley commented on the following: 1) Addressed the comments made by Councilman Alongi and indicated that she represents the Council on the RTA, which is responsible for bringing the Trolley to the community. She detailed the plan for use of the Trolley and indicated that she did inform Mr. Molendyk with regazd to the street closure. She noted the past Visions and Views programs and indicated that they will continue to promote the positive side of Lake Elsinore. She indicated that the trolley did not arrive until6 p.m., when most ~ of the businesses were closed. She further indicated that they parked the Trolley in front of 7ava 7unction with the owner's permission, and it was a very positive experience and positive program which will air on December 2nd. She noted the participation by the RTA General Manager and her Assistant. She stressed the intent of the program on Main Street and noted that there were Christmas Carols and programs, and indicated that she did not believe it inconvenienced or caused a hardship for the businesses. She advised that the street was only closed for about 10 minutes due to the noise from the cars; and the actual shoot was from 7 to 9:15 p.m. 2) Wished the Community a Happy Thanksgiving. Mayor Pro Tem Kelley commented on the following: 1) Noted the Tree Lighting Ceremony to be held on December 6th and noted the Choir's participation. 2) Encouraged the Community to turn out for the Boat parade on December 14th. 3) Complimented the Sun Tribune on their coverage of the race event, and noted the letters being received on the event. 4) Noted the participation of Santa and Mrs. Claus on the Trolley. 5) Wished everyone a Aappy Thanksgiving. Mayor Pape commented on the following: 1) Detailed the viewing locations and schedule for the Holiday Boat Parade of Lights. He indicated that Registration cards aze available at City Hall and Pro Marine. He encouraged public participation in the event. 2) Addressed the traflic signal request for Highway 74 and indicated that the City is still receiving letters and Caltrans is moving very quickly on the situation. He stressed that this is a State highway and it is important to work with them. He noted that due to the letters and calls of concern from local residents, results are being seen. He noted that it will probably not occur as quickly as everyone would like, but it will happen. He noted discussions of a crossing guard and stressed that this is a highway and a dangerous situation for a crossing guard; and suggested that it might not be realistic for that area. 3) Noted the recent 7oint Meeting with the Water District and thanked the Board for the opportunity to discuss issues of joint concern. He further noted that nea~t week there PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 26,1996 will be a meeting with the Chamber of Commerce to coordinate efforts with them. 4) Noted a letter to the editor in the past week regarding rude behavior toward a lady at the podium. He expressed his apologes for any misunderstanding in this situatioq but stressed his effort to keep all comments equal at three minutes. He noted that there is a timer, which went off and he believed her comments to be complete and did not intend to push her off. He noted that the City Clerk is following up on the issue of the polling place mentioned by Mrs. Cardoza. 5) Indicated that it is almost funny to tallc about a broken tail light, and noted that it was an embarrassing situation for a staff member who offered to repair the damage. He suggested that this concern was raised by a desperate person who is about to receive a Grand Jury Indictment and it casting sticks at other issues. He suggested considering the source and taking it with a grain of salt. City Attomey Harper requested the addition of a Closed 5ession item regarding the Spectrum Group Litigation. CLOSED SESSION Pending Litigation - Morger vs. R.C.H.C.A. - Case No. 258102 Pending Litigation - Project Dimensions, Inc. vs. City of Lake Elsinore - Case #283479. Real Property Negotiations - Lake Elsinore Diamond Stadium - Ron Molendyk. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:22 P.M. TO DISCUSS THE ABOVE MENTIONED TTEMS. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:58 P.M. WITH THE ANNOUNCEMENT OF THE ACCEPTANCE OF THE PROPOSAL OF DELOTTI'E & TOUCHE FOR THIIiD PARTY NEGOTIATOR WITH REGARD TO THE LAKE ELSINORE STORM TEAM/CITY NEGOTIATIONS. ADJOURNMENT MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:00 P.M. ~~~ / ~ ~~~1%CU~ ~ ~ VIN W. AE~E, MAYOR / CTTY OF LAKE ELSINORE CLERK ^.1TY OF't.;~~Yl~: ~LSINORE