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HomeMy WebLinkAboutCC-06/27/2000MINUTES CITY COUNCIL STUDY SESSION CITY OF LADE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA . TUESDAY, JUNE 27, 2000 CALL TO ORDER Mayor Brinley called the Study Session to order at 4:04 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SHIFFNER, .BRINLEY ABSENT: COUNCILMEMBERS: METZE, PAPE Also present, were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Information /Communications Manager Dennis, Deputy City Clerk Bryning. DISCUSSION a. Agenda Review for City Council A eg nda. (FA4.1) City Manger Watenpaugh stated that Councilman Metze, called and he will not be attending the Study Session or the City Council Meeting. Mayor Brinley confuxned the Pastor for the hivocation. City Manager Watenpaugh stated that the Business of the Quarter would be presented to George McDonough, owner of Robbins Pest Control. Mayor Brinley stated that Mr. French would be presenting a picture to the City from our Sister City. City Manager Watenpaugh stated that Debbie Crawford would be presenting the winner of the Young Poets Contest to Council. Deputy City Clerk Bryning stated that ABATE called and they will be at the next meeting to make a presentation, Councilwoman Kelley, questioned what, activity was going on at one of the parks on Riverside Drive. City Manager Watenpaugh stated that there was a Rave Concert going on at the Roadrunner and the Police Department responded and wrote in excess of 40 citations. PAGE TWO - STUDY SESSION -.JUNE 279 2000 Councilwoman Kelley questioned Agenda Item No. 3 - Settlement of Claim by Darwin Rogers. City Attorney Leibold explained that Dismissed without Prejudice, means that he cannot come back with further legal action. She noted that this was regarding an incorrect billing regarding Weed Abatement. She explained that the TRO for the Palm Trees was released and the Fleming action was over and the case was dismissed with all attorneys fees denied. Councilwoman Brinley questioned Item No. 4 - Federal Surplus Property Program. City Manager Watenpaugh noted that it is a renewal of the Application to participate in the program. Councilman Schiffner asked how the City finds out about the items. City Manager Watenpaugh explained that the City receives lists of items available as well as a contact that notifies the City of items. Councilwoman Kelley questioned Item No. 5 - LSA Associates Contract to'Establish a Traffic Impact Roadway Fee Program. City Manger Watenpaugh gave an overview of the programthat LSA performs. Councilwoman Kelley asked if this item includes special projects. City Manager Watenpaugh stated that this is for roadway replacement, improvements, street signs, traffic signals, curbs, gutters''. and sidewalks. He stated that this includes anything in the right -of- way. Councilman Schiffner noted that the fees are a large amount of the cost of a house and it is necessary to have fees equal to the areas around the City. Councilwoman Kelley questioned Item No. 6 - CDBG Reprogramming - Code Enforcement. She asked that staff provide' Council with a list of the buildings that are in the abatement process. Councilwoman Kelley questioned Item No. 7 Joint Powers ` Agreement - Tuscany Hills Park. She asked if there was going to be a concession stand at that site. City Manager Watenpaugh stated that there would be no concession stand at thatsite. Mayor Brinley questioned the Joint Powers Agreement. City Manager Watenpaugh stated that it would be between the City and the School District. He gave an overview of the agreement and the joint use. Councilwoman Kelley asked if the user groups still ` pay for the electricity:. City Manager Watenpaugh stated that they do. Councilwoman Kelley noted the problems with the light bulbs. She asked if the City was going to retrofit the fights. City Manager Watenpaugh stated that Lakepoint Park has been retrofited and new light standards will cost approximately $74,000 to replace and would be done in phases. PAGE THREE - STUDY SESSION - JUNE 279 2000 City Manager Watenpaugh stated that staff suggested that item No. 1I- Renewal of Animal Control Agreement - 'Animal Friends of the Valley, be pulled to set for a Study Session. He noted that LEAF would not be available to answer questions and staff has some concerns regarding clarification. Councilman Schiffner asked if there were concerns regarding the Agreement. City Manager Watenpaugh stated that staff had concerns regarding the breakdown of fees and they would like to see a breakdown of LEAF's study. Councilwoman Kelley questioned Item No. 21 - Public Hearing on Local Law. Enforcement Block Grant Program Award. She requested clarification of the sweeps mentioned in the Grant. City Manager Watenpaugh explained that it addresses a tactical team of from 2 to 6 officers and sweep areas that are known to be problem areas. He noted that this would include bicycle patrols. He stated that the City should have the new traffic machine in mid July. Mayor Brinley asked the location of the bicycle patrol City Manager Watenpaugh gave an overview of the various locations and times of year that they will be utilized. Councilwoman Kelley questioned Item No. 31 - Photographic Use Policy. She asked the City Manager to clarify this item. City Manager Watenpaugh gave an overview of the item and noted that it is staffs recommendation that a charge of _$.10 for staff time be added to the cost of the reproduction of photographs that the public wishes to buy. Councilman Schiffner stated that $10 would not cover the cost of staff time.11 City Manager Watenpaugh stated this was on the Agenda to set` a Policy and staff has suggested a review in six months to see if the Policy and charges are fair. Councilwoman Kelley questioned item No. 32 - Ordinance No. 1065 - Adding Chapter 12.14 to Title 12 of the Lake Elsinore Municipal Code, Establishing Basic Operation of Towing Service. She asked how may tow services are in the City. City Manager Watenpaugh stated that there are 4, however there have been several other towing services from outside the City that wish to conduct business in Lake - Elsinore and the purpose of the Ordinance is to regulate the outside services and if they wish to be in the rotation, then they would have to conform. Councilman Schiffner questioned the fees. City Manger Watenpaugh stated that the fees are mandated by the State and controlled through the Police Department. He gave an overview of the requirements to be a Tow Service,' which Follows California Highway Patrol regulgljgns. City Attorney Leibold explained the rotation system used: PAGE FOUR - STUDY SESSION - JUNE 279 2000 Councilwoman Kelley questioned Item No. 33 - Campground Operations Appropriation. She asked for Clarification. City Manger Watenpaugh explained that it was anticipated that the City would have an agreement with a concessionaire and the Campground was not placed in the FY 2000/2001 Budget, therefore staff is requesting General Fund money to operate and maintain the Campground from July ls` through September 30'h,2000. Councilman Schiffner questioned Item No. 34 Right of Entry Agreement for Potential Campground Concessionaire. He asked for clarification: City Attorney Leibold stated that the Right of Engry Agreement is to allow the potential concessionaire to enter the Campground and perform their due diligence. Councilman Schiffner questioned the two 30 day extensions. City Attorney Leibold stated that an extension could only be given upon review of the City Manager. City Attorney Leibold stated that there is a need to add an item to the Agenda due to Councilman Metze absence. She explained that the Interview Committee for the Planning Commission was set by Council action and the seat that has been made vacant by Councilman Metze should be considered by Council. She noted that it would take a 4/5'h vote to add this item: to the Agenda. THE CITY COUNCIL STUDY SESSION WAS RECESSED AT 4 :45 P.M. . THE CITY COUNCIL STUDY SESSION WAS RECONVENED AT 4:47 P.M. Mayor Brinley recognized Mr. Dan Uhlry who requested to address Council. Dan Uhlry, 150 E. Lakeshore Drive, asked that Council consider a continuance of Item No. 32 - Establishing Basic. Operations of Towing Service. He stated that the, local towing companies have not had time to review the Ordinance and he asked that Council allow all of the Towing Services in the City that opportunity. He stated that the local Towing Services would like to meet with the City Manager and Chief of Police to answer any questions they might have. City Manger Watenpaugh stated that should Council .decide to continue the item he would be glad to meet with the representatives of the local Towing Services along with -Chief Walsh and stated that it might be an advantage to have Lieutenant Mendoza attend as well. Councilman Schiffner asked if this was an urgent item. City Manager Watenpaugh stated that it was not. PAGE FIVE - STUDY SESSION - JUNE 277 2000 ADJOURNMENT MOVED BY KELLEY, SECONDED BY SCHIF]F'NER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE CITY COUNCIL STUDY SESSION AT 4:55 P.M. ATTEST: DEPUTY CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 27, 2000 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:02 P.M. PLEDGE OF ALLEGIANCE Police Chief Walsh led the Pledge of Allegiance. INVOCATION Pastor Jim Alexander, representing Lake Providence Missionary Baptist Church provided the Invocation. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: METZE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Services Director Sapp, Police Chief Walsh, City Engineer O'Donnell, Information /Communications Manager Dennis, Planning Manager Villa, Engineering Manager O'Donnell, City Treasurer Ferro and Deputy City Clerk Bryning. PRESENTATIONS a. Presentation - Elsinore Valley Arts Network.(F:62.1) Debbie Crawford, President of EVAN, explained that last month the Young Poets Contest was held. Gabe Rivera, a student at Ortega High School, won I' Place for his poem called, "Dense Prejudice ". Ms. Crawford explained that the judges and members of the Arts Network were so moved by the wisdom of the poem, that they felt it should be shared with the community. She presented the framed poem to the City of Lake Elsinore and asked that it be hung in the Cultural Center. PAGE TWO -CITY COUNCIL MINUTES -JUNE 27, 2000 She then introduced Gabe Rivera and read his poem to the audience. Mayor Brinley commended Mr. Rivera and stated that the poem would be displayed in the Cultural Center for the community to enjoy. b. Presentation - Harvey French - Helsignor Denmark Portrait. (17:45.1) Mayor Brinley introduced Harvey French and explained that his wife, who recently passed away, was the first woman Mayor of the City of Lake Elsinore. Mr. French noted that Cheryl French was elected to the City Council in 1956 and served as Mayor from 1958 to March 1959. He explained that when his wife was Mayor of the City of Lake Elsinore she received a picture of Kronberg Castle from Mayor Sigured Schytz of Helsignor Denmark. He presented the picture to the City to be hung in the lobby of City Hall. Mayor Brinley thanked Mr. French and commended him for being willing to share the picture with the citizens of the community. C. Presentation - Business of the Quarter - Springy 2000. (F:56.1)(X:70.1) Mayor Brinley presented a plaque to George McDonough owner of Robbins Pest Control, for Business of the Quarter, Spring, 2000. She commended him for his hard work and contributions to the community. Mr. McDonough thanked City Staff and Council. He thanked his customers and stated that he would not have been in business for the last four years if not for their loyalty. d. Proclamation - Parks & Recreation Month. (F:122.1) Mayor Brinley presented the proclamation for Parks and Recreation Month to Community Services Director Sapp. Mr. Sapp thanked Mayor Brinley and Council. Mayor Brinley stated that there was a need to add an item to the Agenda. She stated that at the last City Council Meeting Council approved the Committee Members selected to conduct the Planning Commission Interviews. She noted that since Councilman Metze would not be able to attend and no alternate was selected, it would be necessary to select another person to sit the Committee. She suggested that the item be added as item Number 35 - Interview Committee Member Selection. MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADD ITEM NUMBER 35 - INTERVIEW COMMITTEE MEMBER SELECTION TO THE AGENDA. PAGE THREE -CITY COUNCIL MINUTES -JUNE 27, 2000 PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 5 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 11 MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint City Council/Planning Commission Study Session - June 8, 2000. (F:44.4) b. City Council Study Session - June 8, 2000. (F:44.4) C. Regular City Council Meeting - June 13, 2000. (F:44.4) d. City Council Study Session - June 15, 2000. (F:44.4) e. Adjourned Regular City Council Meeting - June 15, 2000. (F:44.4) The following Minutes were received and filed: f. Planning Commission Meeting - May 17, 2000. (F:60.3) g. Planning Commission Meeting - June 7, 2000. (F:60.3) h. Design Review Commission Meeting - May 17, 2000. (17:60.4) i. Design Review Commission Meeting - June 7, 2000. (F:60.4) 2. Ratified Warrant List for June 15, 2000. (F:12.3) 3. Authorized the Director of Administrative Services to issue a warrant to Darwin Rogers in the amount of $12,250. (F:52.2) 4. Authorized the City Manager to sign the application for Federal Surplus Property Program and direct the City Clerk to execute the document. (F:48.1) 6. Approved the reprogramming of $10,475 from FY 1999/2000 to the FY 2000/2001 Structure Abatement Program; approved the reprogramming of $163.59 from FY 1997/1998 to the 2000/2001 PAGE FOUR -CITY COUNCIL MINUTES -JUNE 27, 2000 Structure Abatement Program; approved the reprogramming of $242.44 from FY 1996/1997 to 2000/2001 Structure Abatement Program; and required staff to submit all documentation and minute excerpts to the County of Riverside Economic Development Agency. (17:84.2) 7. Approved the Joint Powers Agreement with the Lake Elsinore Unified School District for use of Tuscany Hills Park; approved increased maintenance costs associated with the landscape improvements; and authorized staff to enter into an agreement with Kobata Associates, Inc. for design and construction documents for the landscape areas at a cost of $10,200 with Phase I work of proceed only at this time (F:68.1)(X:142.1) 8. Approved the Joint Powers Agreement between the City of Lake Elsinore and the Lake Elsinore Unified School District for the City's maintenance and operation of the fields at Terra Cotta Middle School. (F:68.1)(X:142.1) 9. Approved the annual review of the Investment Policy of the City of Lake Elsinore. (F:120.1) 10. Approved a Public Hearing date of July 24, 2000 for the purpose of hearing City Wide Lighting and Landscape Maintenance District Fiscal Year 2000/2001; and adopting Resolution No. 2000 -20, 2000- 21, AND 2000 -22. (17:22.2) RESOLUTION NO. 2000-20 A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. RESOLUTION NO. 2000-21 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2000 -01 IN A DISTRICT WITHIN SAID CITY. PAGE FIVE -CITY COUNCIL MINUTES -JUNE 279 2000 RESOLUTION NO. 2000-22 A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON. PUBLIC HEARING 21. Public Hearing on Local Law Enforcement Block Grant Program Award. (F:84.8) City Manager Watenpaugh explained that this was a Grant Program that the Police Department had applied for. He further explained that the grant was in the amount $78,716 with a match from the City in the amount of $8,746. He noted that the money would be used for increased law enforcement services for the City and gave an overview of the programs activities. He noted that the match money was budgeted for July 1. He stated that it was staffs recommendation that the Mayor and City Council approve use of the grant funds as recommended by the Advisory Board. Mayor Brinley opened the public hearing at 7:18 p.m. and asked for anyone one who wished to speak on the project. Hearing no one the public hearing was closed at 7:19 p.m. Mayor Pro Tern Pape stated that the City has applied for this grant in the past and noted that the City gains a great deal from the Grant Program and he felt that it made a lot of sense. Councilman Schiffner stated that the Police Department has established the program and he would not try to second -guess them in the application. He stated his approval of the program. Councilwoman Kelley stated her support of the program. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE USE OF THE GRANT FUNDS AS RECOMMENDED BY THE ADVISORY BOARD. PAGE SIX -CITY COUNCIL MINUTES -JUNE 27, 2000 BUSINESS ITEMS 31. Photographic Use Polic . (F:120.1) City Manager Watenpaugh stated that staff has received several requests for photographs and photo items that the City has taken or hired done. He further stated that there is no policy or fees that consistently addresses this issue. He noted that the purpose of this item is to request a general policy that would allow staff to respond to public requests and provide for private usage, copies of photographs that the City has the rights to. He explained that the purpose was to establish a method for community residents, organizations and businesses to utilize photographic images belonging to the City of Lake Elsinore. He indicated that there would be an application process with restrictions and a fee that would include the cost of the reproduction and a $10 application fee. He further explained that the $10 would be for staff time. Councilwoman Kelley noted that the item would be up for review in 6 month, and she did not object to the Policy. Mayor Pro Tem. Pape stated that he was in favor of the policy. Councilman Schiffner stated that the City needs to have control of the photos and he felt that this was a good way to manage the situation. He noted that there would be a review in 6 months to consider the fee and stated that he was in favor of the project. Mayor Brinley stated that she had no problem with the policy. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE PHOTOGRAPHIC USE POLICY, WITH AN ADMINISTRATIVE REVIEW OF FEES AND PRACTICES AFTER SIX MONTHS. 32. Ordinance No. 1065 - Adding Chapter 12.14 to Title 12 of the Lake Elsinore Municipal Code Establishing Basic Operations of Towing Service. (F:112.1)(X:162.1) City Manager Watenpaugh stated that at the Agenda Review Study Session a request was received to continue this item, until the local Towing Services have had an opportunity to review the Ordinance. He noted that the intent of the Towing Ordinance was to create some type of regulation to address any new towing companies that wish to move into the area. He noted that there were three existing contracts with local Towing Companies and this action will not affect those PAGE SEVEN -CITY COUNCIL MINUTES -JUNE 27, 2000 contracts until such time as the contracts expire. He noted that the intent was to address the requests from outside Tow Companies who wish to do business in the City. He stated that without the Ordinance it would not be possible to regulate or control the outside services. He stated that the Ordinance would require that the Tow Company would submit an application to be reviewed by the City Manager or his designee and the Police Department. He further stated that the Ordinance also requires bonding, a City Business License, a compound for storage as well as covered storage within City Limits, and the ability to respond to requests for release of vehicles that have been towed. He noted that Chief Walsh is present to answer questions. Dan Uhlry, Town and Country Towing Company, stated that he had talked to Chief Walsh and noted that he does not have a problem with continuing the item for a two -week period. He stated that he has been in communication with the other two Towing Companies in the City and they would also like the opportunity to study the Ordinance to determine how it will affect their businesses. He stated that all three Towing Companies were not against the Ordinance, however they would like to have the extra time to study it. He stated that all three companies would like to meet with the City Manager and Chief Walsh to discuss the Ordinance. Patti Robinson, LEAR Auto Body and Towing concurred with Mr. Uhlry's comments and encouraged a meeting with the City Manager and Chief of Police to discuss the effects the Ordinance will have on existing businesses. George Alongi, 649 Mill Street, stated that the only comment he had regarding the Ordinance was the franchise fee. He noted that the local Towing Company's vehicles and offices are located in the City, their employees live locally, and they spend their dollars locally, which generate revenue for the City. He stated that he does not have a problem with a franchise fee for a company from outside City, since they take their income back to where they are located. He stated that he does not think it would be fair to change the local companies franchise fees, since they were contributing to the community by being here. Police Chief Walsh stated that he has spoken with Mr. Uhlry and some of the other companies and he has no problem with a continuance of the Ordinance. He stated that he would be glad to meet with all the Tow Companies and review the Ordinance. PAGE EIGHT -CITY COUNCIL MINUTES -JUNE 27, 2000 Councilman Schiffner stated that since there is no urgency on the Ordinance, it would be acceptable to continue the item for two weeks to accommodate the local companies. Councilwoman Kelley stated that she had no problem with a continuance to allow the local Tow Companies time to review the Ordinance and meet with Captain Walsh. She stated that she felt it was in the best interests of the City. Mayor Pro Tem Pape stated that he would ask questions when the item returned to Council. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE CONSIDERATION OF ORDINANCE NO. 1065 ADDING CHAPTER 12.14 TO TITLE 12 OF THE LAKE ELSINORE MUNICIPAL CODE, ESTABLISHING BASIC OPERATION OF TOWING SERVICE TO THE JULY 119 2000, CITY COUNCIL MEETING. 33. Campground Operations Appropriation. (17:92.1)(X:30.1) City Manager Watenpaugh explained that during the adoption of the 2000/2001 Budget it was noted that there were no funds set aside for the Campground Operation with the expectation of having a concession agreement by July 1. He noted that the proposed concessionaire has asked for a 60 day due diligence to perform a feasibility study. He further explained that in order to keep the Campground open staff is requesting an appropriation of $83,990 for operation of the campground facility July 1 through September 30, 2000. He noted staff estimates a revenue adjustment of $75,725. City Manager Watenpaugh stated that subject to a successful negotiated agreement with the concessionaire, it might be sooner and if the negotiation is not successful staff will return for further direction. Dick Knapp, 16450 Monterey Street, stated that the City would be giving the Campground away and noted that in the past he had asked the City Manager "Why they didn't get some management in there" and stated that the Campground has never been managed properly, since doesn't make money and it should. He stated that years ago there were 700,000 people that visited the Lake and stated that the City should have made the park pay -off. He stated that he wished that staff could find someone to manage the Campground properly. PAGE NINE -CITY COUNCIL MINUTES -JUNE 27, 2000 City Manager Watenpaugh indicated that years ago the Campground did make money and it went to the concessionaire, however when it was generating large amounts of money there were no fish kills or algae blooms. He explained that it has taken five years of decent water quality to get back to the point where people are coming back to the Lake. He indicated that the people that utilize the Lake have told staff that it has taken a long time for them to return because of the algae and fish kills. He stated that the City and the Water District have been working very hard to come to common ground on the water quality issue and it was the focal point of development of the Lake. City Manager Watenpaugh stated he felt that trying to find a competent and qualified concessionaire to operate the Campground was the way to get good management. Councilwoman Kelley stated that the issue before Council is for funding of the Campground for operation and the item that Mr. Knapp addressed is next on the Agenda. She stated that the City has been going through the process of finding a competent concessionaire for the Campground. She indicated that she had no problem with allocating the money to keep the Campground open. Councilman Schiffner stated that there has been a misunderstanding regarding the issue before Council, however the item before Council is an issue that needs to be addressed and he agrees with the recommendation. Mayor Pro Tem Pape stated that he agrees with the speaker and stated that there is a need for proper management and that is why the City is in negotiations with a concessionaire. He commented on the management of the previous concessionaire and noted the unsafe condition of the park that prompted the City to take the Campground over. He stated that the City does not want to be in the business of managing a Campground, and is better left to people that manage campgrounds on a full time basis. He noted that both the City and the concessionaire would be going through a due diligence and he felt that the Campground should remain open. City Manager Watenpaugh stated that the City is not giving away the Park. He stated that the Park and Campground would remain in public ownership and will be open and available to the public. MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROPRIATE $849000 FOR OPERATION OF THE CAMPGROUND FOR JULY 1 THROUGH SEPTEMBER 30, 2000 AS A BUDGET ADJUSTMENT TO THE 2000 -2001 FISCAL YEAR BUDGET. PAGE TEN -CITY COUNCIL MINUTES-JUNE 27, 2000 34. Right of Entry Agreement for Potential Campground Concessionaire. (F:68.1)(X:92.1) City Manager Watenpaugh stated that during the Campground Study Session the City received information for a proposal from Reza Paydar of Sunland RV, a potential concessionaire, it was stated that they were seeking a 60 day due diligence. He explained that the City Attorney felt that it would be appropriate to have an agreement for a Right of Entry. He noted that the City Attorney has prepared a Right Of Entry Agreement, which does not grant a concession franchise to Sunland, but does provide entry to the site and the exchange of information concerning the Lake, for due diligence. City Attorney Leibold stated that she was available for questions and noted that this item is for a 60 day due diligence Right of Entry Agreement to allow the potential concessionaire entry to the site and protect the City from any interference; damage to the property; and requires that any work product, feasibility studies, soils studies or what ever they produce will be copied and provided to the City. Chris Hyland, 15191 Wavecrest Drive, stated that she was not against a concessionaire, however she expressed her disfavor of the actions of the current Council and the previous Councils regarding the Campground. She stated that they ousted the previous concessionaire to acquire the Campground to use the Lake to acquire a bond to pay off the Stadium and stated that she felt that they have ruined the lives of others to gain possession of the Campground and now the City cannot even manage it. She criticized the plans of the potential concessionaire and noted that it was also stated at the Study Session that the potential concessionaire wished to lease the campground for 75 years, and in real- estate law after 55 years it is considered purchased property. She read a letter from the State of California Parks and Recreation referencing the Campground and its uses. She stated that Council should start thinking about the people in the community before giving away parks. Dick Knapp, 16450 Monterey Street, stated that he was concerned because the City took over the park and then could not manage it. He stated that this whole process was a give -away including $100,000. He questioned why, out of all the concessionaires that asked for information, only one has come forward. He stated that the park should not be given to anyone for more than five years at best, to allow the opportunity to see if they could perform. Any longer would be ridiculous. He noted the necessary traffic report and the waste of money since it has already been done. He stated that it burns his behind that Council is giving away the major asset of the City. He asked if the ex -Mayor was involved in the project; is there a financial report on the concessionaire; and is Council selling their souls giving PAGE ELEVEN -CITY COUNCIL MINUTES -JUNE 27, 2000 away the Lake and the Campground. He asked if they wanted to go to jail, because he was going to fight tooth and nail. City Manager Watenpaugh noted that it was a shame that people jump out in front of the City's due diligence and the concessionaire's due diligence. He noted that it has been said that Council was giving away the Campground and $100,000. He indicated that there has been no negotiation with the potential concessionaire for what kind of a percentage, flat rate, or fee. He further indicated that there has been no negotiation with the potential concessionaire regarding specific development that would go into the Campground. He stated that it was premature to even consider that action until the City and concessionaire have performed their due diligence. He stated that the City is fully aware of the Master Plan in 1984 and noted that there are clauses for the Master Plan to be modified with State approval. He further stated that there has been no discussion of elimination of any portion of the Campground. City Manager Watenpaugh stated that it was amazing to him that anyone could walk down the street and make a comment and it was gospel. He noted that this entire misunderstanding occurred because of a discussion of assuring the Cub Scouts and Boy Scouts would have a place to camp, and from that it was purported that the City had kicked them out. He stated that the City has not taken that action and will not. He stated that the ex- Mayor was not, nor will be involved in this proposal. He noted that checking the financial background on the proposed concessionaire is the City's due diligence and until that is done along with several other fact findings, and there was some type of negotiated agreement, he did not know if it was public information. He stated that he would agree with Mayor Pro Tern Pape that management of the Campground has not been up to par, and indicated that the previous operation of the Campground was less than adequate and has created the problem faced by the City. He firmly indicated that the Campground was not collateral for the bonds and was in black and white. City Attorney Leibold stated that this is a case of shouting fire in a crowded theater. She indicated that the document under consideration is nothing more than 60 -day Right of Entry, to allow a potential concessionaire access to the Campground to conduct some feasibility studies and their own due diligence. She stated that the City was well aware of the conditions when the City accepted the Campgrounds and parks and stressed that there was no intention to deny public access to the park or beach. She stated that the City has solicited for others that may see a vision that the City has for the Campground. She commented that the Campground is a jewel in the rough and the City's intent is to provide maximum public access. PAGE TWELVE -CITY COUNCIL MINUTES -JUNE 27, 2000 Mayor Brinley asked the City Attorney to explain the difference between a contract and due diligence. City Attorney Leibold stated that there is no present action being considered, nor discussion of terms. She noted that the Campground was previously improved and then allowed to fall into incredible disrepair. She indicated that the scope of the project that was contemplated initially was to bring it back up to allow for more public use and a better campground facility. She stated that the only item before City Council was the Right of Entry and License Agreement to protect the City as the potential concessionaire enters onto the property to conduct feasibility studies. She explained that at the end of the 60 -day period if both parties are interested, then negotiations would begin. She noted that at that time, terms and conditions of some type of concession agreement would be negotiated. She explained that a concessionaire had previously operated the Campground and the City has taken over that role on an interim basis. She stated that it was the City's long term goal to maximizing someone's expertise and experience and financial where - with -all to make an investment in the City to maximize the benefits of the Campground. She stated that there was nothing negative about the action of Council. Mayor Pro Tem stated that he was not sure why people felt compelled to come to the podium and mislead people, or possibly they just don't understand the action that Council is considering. He stated that there was no contract for operation, but rather due diligence for both the City and the potential concessionaire. He further stated that the issue regarding the Lake and Campground being used for collateral for the City to issue bonds, was a lie. He indicated that it is getting old having people perpetuate that lie. He stated that when Mr. Rassmusen reports information in the newspaper he has a responsibility, and when he misleads people, it was also his responsibility to make corrections in his next article with a public apology. Mayor Pro Tem Pape stated that the campground has tremendous potential. He noted that it would be wonderful for people from all over Southern California, to come to the Campground, in their RVs and campers and stay in a large facility next to the Lake. He noted that the City's expectations would incur a lot up -front costs that a concessionaire would have to provide which would include each campsite having hook -ups for water, sewer, electrical, phone, and cable T.V.; a club house with an exercise room; and laundry facilities. He stated that it would be the type of a place that would encourage snowbirds to PAGE THIRTEEN -CITY COUNCIL MINUTES -JUNE 27, 2000 come to Lake Elsinore and spend months at a time because there would be facilities and amities to attract them. He further indicated that in the summer, families could come for a week at a time to enjoy the Lake and facilities. He stated that it is visualized that the Campground would again have a boat launch with slips to leave boats in the water. He commented on how nice it would be to have boats in the water and not have to launch them daily and he felt this would enhance the desirability of the Campground. He stated that was what was suppose to be provided by the previous concessionaire and what he felt was provided was a campground slum -lord who was milking the Campground since he only had a few years left on his contract and he was letting it deteriorate. He noted that the City was trying to bring the Campground up to a higher standard that the whole community would be proud of He stated that if the City does have someone interested in seeing the same vision that they have, they should have the opportunity for the next 60 days to perform their due diligence. Councilwoman Kelley stated that what was before Council was the Right of Entry to allow the people interested in pursing a concession, entry to the Campground. She stated that at the Study Session, she was the one that raised the issue of day campers and she would continue to address the day camper issue. She stated that Council will go through the process and if the concessionaire has a proposal, it will be looked at, at that time. She stated that if day camping was not possible at the Campground, then she would make it her responsibility to have another location where those needs would be met. She indicated that she took exception to Mr. Knapp's comment about an ex- Mayor. She stated that there are two ex- Mayors sitting on current Council and countless others off the dais. She further stated that if Mr. Knapp was going to make a comment about a former Mayor, to be fair, he should be more specific. Councilman Schiffner stated that he concurred with Council comments. He stated that out of all the concessionaires that expressed interest, only one was in a financial position to move forward. He noted that the City intends to require quite a lot of money to be invested, and Sunland has apparently been quite successful in this type of an operation and has come forward to investigate further. He noted that they have several other large parks, and noted the one that they own and operate was in Hemet. Mayor Brinley stated that when the issue of Day Camping was raised at the Study Session, Mr. Paydar assured Council that he wished to be a good community member and would work with Council if they are able to move forward with the projet. She stated that the investment PAGE FOURTEEN -CITY COUNCIL MINUTES -JUNE 27, 2000 would take approximately $10,000,000 to restore the Campground and provide extra improvements. She noted that it was always the same people reminding Council of City's image and now that the Council is doing something positive by addressing a Campground that was poorly taken care of by a previous concessionaire, all they can do was criticize. She explained that the City has already made an investment to improve the Campground, however it needs a larger investment to make a success. She noted that was why Council was seeking a concessionaire that would be willing to invest in the Campground and make it much better for the public. She stated that Council wants to make the Campground better, usable and create a better image for the City. She noted that there are very nice campgrounds surrounding the City Campground and it should be as nice or better for the benefits of the Campground's neighbors. She noted the excitement of the local businesses. Mayor Brinley noted the amount of people that utilized the Campground years ago and the campers the City lost when the Campground went downhill. She stated that it was Council's goal to bring those people back and boost the local economy to benefit the taxpayer and the local businesses. She stated that this is a wonderful opportunity for the City and that she was pleased to have Mr. Paydar show an interest in our City. MOVED BY SCHIFFNER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE CITY MANAGER TO EXECUTE A RIGHT OF ENTRY AGREEMENT. 35. Interview Committee Member Selection. (17:60.1) City Manager Watenpaugh stated that it had come to his attention that Councilman Metze, due to a conflict of schedule, would not be able to participate in the Planning Commission Interviews. The original members set for the Interview Committee were Mayor Brinley, Councilman Metze and Chairman of the Planning Commission Wilsey. Because of his absence, staff recommends that another person be appointed to the Committee, or conduct the Interviews with the two remaining members. Mayor Brinley stated that she would like to appoint Councilman Schiffner to the Committee. City Attorney Leibold explained that this item had been brought to Council at the Agenda Review at 4:00 p.m. today and Council was advised that this should be added to the Agenda with a 4 /5ths vote as an urgency item. She noted that the procedure has been properly followed to appoint a replacement in the absence of Councilman Metze. PAGE FIFTEEN -CITY COUNCIL MINUTES -JUNE 27, 2000 MOVE BY KELLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT COUNCILMAN SCHIFFNER TO THE INTERVIEW COMMITTEE IN PLACE OF COUNCILMAN METZE. Mayor Brinley stated that the interviews begin at 9:50 a.m., June 28, 2000. ITEMS PULLED FROM THE CONSENT CALENDAR 5. Approved the contract with LSA Associates to establish a Traffic Impact/Roadway Fee Program in the amount of $210,000 and authorize the City Manager to execute the contract. (F: 68.1)(X:162.1) City Manger Watenpaugh stated that the item is a proposed contract with LSA Associates to establish a Traffic Impact/Roadway Fee Program. He explained that the project was funded in the 1999 /2000 Budget in the amount of $150,000 to go back and review a previous Impact Study that was done several years ago. He stated that the purpose was to ascertain if the information could be used as a background support for AB 1600 and having done that, it was necessary to return to Council for additional funding to complete the program. City Manager Watenpaugh noted that the entire project was bid at $210,000 and staff is requesting the remaining $60,000 be allocated from the 2000/2001 Budget to return to Council with a Uniform Traffic Mitigation Fee for consideration. Dick Knapp, 16450 Monterey, stated that he felt that the action before Council was a travesty and a waste of money. He stated that money would be spent on something that has been done previously. City Manager Watenpaugh noted that the City of Lake Elsinore is the only City or portion of the County that does not have an Impact/Traffic Mitigation Fee which would pay for street improvements, signs, and some capital projects. He further noted that currently the City does have a Mitigation Fee that is $.03 a square foot for dwelling unit. He indicated that if a person is building a 2,000 square foot home it amounts to $60 to pay for new streets in the City. He addressed the image of the City and noted our problems with street repair. He noted a comparison with other cities and stated that the neighboring city has an $830 Mitigation Fee that includes street repair, signage, signalization, curbs, gutters and sidewalks. He indicated that there have been discussions by that municipality to increase the amount $500 plus, per home, which would be in excess of $1,100 per home for capital improvements for streets. He stated that PAGE SIXTEEN -CITY COUNCIL MINUTES -JUNE 27, 2000 all the cities in Western Riverside County, including the County have adopted a Uiform Traffic Mitigation Fee. He indicated that only the City of Lake Elsinore does not have one. He stated that if the City does not have a Uniform Traffic Mitigation Fee, the City would not be able to improve the streets. City Manager Watenpaugh stated that staff is striving to be equal to the areas around the City, so that there would not be potholes in the streets. Councilwoman Kelley stated that she has no problem with the proposed action. Mayor Pro Tem. Pape stated that he had problems with this action, however he would probably vote in favor of the Agreement. He stated that he was not in favor of imposing additional fees, however in comparison to other communities it appears that we are way behind. He indicated that prior to this item returning to Council, he would want to know exactly what Murrieta, Temecula, Corona and the County of Riverside charge in the way of the proposed fee and how we relate to them. He stated that he would also like input from the local builders and the Building Industry Association. Councilman Schiffner clarified that what is being discussed was a one -time fee and is imposed at the time building permits are issued. He noted that the City currently imposes a fee of $60 for a 2,000 -sq. ft. house and a neighboring city collects over $800 for the same size house with a proposal of a substantial increase. He noted that the action proposed would not be made on the General Taxpayer, but rather a one time fee, much the same as for schools and the library. Mayor Brinley indicated that when Council receives the Study for review, it would then be possible to make a better evaluation of the situation. She concurred with Mayor Pro Tern Pape and stated that the builders and the Business Industry Association should be contacted prior to any decision being made. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONTRACT WITH LSA ASSOCIATES FOR $210,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT. 11. Renewal of Animal Control Agreement - Animal Friends of the Valleys. (F:68.1) City Manager Watenpaugh requested that this item be pulled and set for a Study Session. He indicated that this would give Animal Friends of the Valley the opportunity to discuss their level of service, PAGE SEVENTEEN -CITY COUNCIL MINUTES -NNE 27, 2000 methodology in assessing their fees, and collection of fees. He stated that Council has not had a review of this matter, and explained that rather than going forward and adopting a small increase at this time, it would be beneficial for Council to fully understand how the fees are charged and how enforcement is dictated in the community. He stated that he did not feel that a two -week delay would create a problem and would give AFV the opportunity to address Council's concerns. Mayor Pro Tem Pape stated that he had pulled the item because he had several questions regarding discrepancies and stated that he lacked information to be able to make a decision to move forward with the agreement. He stated that he did not know if Council wished to have a Study Session or have AFV come forward at the Council Meeting to answer questions. He indicated that a few years ago, it was brought before Council to license cats and Lake Elsinore is the only City that does that in Western Riverside County. He questioned if the City wished to continue to license cats. He noted that Animal Control Officers canvas door to door and solicit licenses and issued citations. He questioned that action as well as other actions of Animal Control that are being billed to the City. He compared the billing for the City to other areas. Councilwoman Kelley stated that she felt that there was a need for a Study Session. She stated that there are complex issues that need to be examined and discussed. Mayor Brinley stated that she had issues with the charges billed to the City. Mayor Pro Tem Pape noted the cost of their new facility and what they will assess the City annually. He stated that it will be approximately $80,000 a year and will double the amount that the City currently pays. He noted that the new Dog Pound will cost approximately the same as the new Police Station. He further noted that the cost of the facility is $4,000,000. Councilman Schiffner stated that there are special conditions in an animal shelter that must be considered. He stated that a Study Session would allow Council to state their concerns and get answers to their questions. City Attorney Leibold explained that the item could be continued to a date specific or it can be deferred to a Study Session to be noticed in a timely manner. PAGE EIGHTEEN -CITY COUNCIL MINUTES -JUNE 27, 2000 MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DEFER THE RENEWAL OF ANIMAL CONTROL AGREEMENT WITH ANIMAL FRIENDS OF THE VALLEYS TO A STUDY SESSION. THE CITY COUNCIL MEETING WAS RECESSED AT 8:20 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:30 P.M. PUBLIC COMMENTS - NON AGENDIZED George Alongi, 649 Mill Street, stated that he would like to have comments from the Redevelopment Agency Chairman and not the Executive Director. He stated his agreement with Mayor Pro Tem Pape regarding the cost of the building for Lake Elsinore Animal Friends and felt that it was too expensive. He stated that he does not care what they choose to change their name to, they were funded and started in Lake Elsinore and it was the City's tax dollars that gave them their start. He indicated that at the last City Council Meeting Mayor Pro Tem Pape stated that there was no down side on the financing of the bond, however Mr. Gunn and Mr. Hunt made false statements to the community and felt that Council did not read any of the agreements. He objected to the weekly interest adjustment on the bonds and stated that he did not feel that was wise. He noted that the only thing that was accomplished was to lower the monthly payment. He indicated that the way to pay debt was to increase revenue and reduce overhead, not by refinancing. He noted that no payment has been made to date on the $14,000,000. He asked where the refinancing will end. He noted the amount of money spent on staff and studies and questioned the amount of time that has gone by without a Traffic Mitigation Fee and questioned why it has not been done before this. City Manager Watenpaugh stated that staff has brought the Traffic Mitigation Fee before Council in the past and Council choose not to act on it. Dan Uhlry, 150 E. Lakeshore Drive, suggested that the fees for Animal Control in Temecula was because they do not license cats. He stated that on July 22, 2000 is the Lake Elsinore Law Enforcement Appreciation Night. He noted that tickets were on sale for $5 each, and the event was being sponsored by the Lake Elsinore Posse. Bill Tucker, AKA "Whiskers ", 740 Acacia, noted a coloring contest and announced the winners. He noted that it was a good turn out and brought more awareness to Whiskers and the Lake. PAGE NINETEEN -CITY COUNCIL MINUTES -JUNE 27, 2000 Becky Nelson, submitted photographs to the Clerk for the City Council and stated her objection to allowing electricity to vacant property on Lakeshore Drive. She noted the problems that will be generated and the cost to the tax payers are fire hazards, traffic hazards, pedestrian problems, shore erosion, hazard to wildlife and drainage of sewage. She noted the danger to the environment and most especially the Lake. Denise Reese- Fleming, 17970 Lakeshore Drive, stated her concern regarding issuing electrical permits to vacant property owners. She noted that over the last six years she has witnessed a total disrespect for the land by the non - resident property owners that have Lakefront property. She noted that along the Lakefront there are portapotties, storage containers, mounds of concrete, delapitated docks, crude fencing and junk. She noted the problems that would occur if vacant property owners gain electricity. She noted the campground environment it would promote if there are no firm regulations. She stated that she was not opposed to people having power on their property, but rather the abuse of the power. She stated that there are areas around the Lake that are embarrassing and asked why the City cannot control the Lakefront areas. She asked, once the people get electricity, what would prevent them from long term residence. She asked why the City allows permits for electricity without asking "what and how" the electricity will be used. She stated that the Lake area should be cleaned up, not adding insult to injury. She stated that she felt that that people are encouraged to do anything they want in Lake Elsinore because nothing will happen to them. She stated that as a community the citizens and City could pull together and embellish the land and improve Lakeshore Drive. She asked that everyone work together to improve the Jewel of the Desert and make a better Lake Elsinore. Tim Fleming, 17970 Lakeshore Drive, commented on electrical hook -up on vacant land. He stated that there are many desirable view lots in the City that would make great camping sites, however it would not be appropriate use in most cases. He further stated that he felt that electric hook -ups on vacant land would lead to mobile residency and explained that it could lead to camping with trailers and RVs which create sanitation issues, vagrancy, a total variety of camping vehicles and equipment, storage units. He noted the traffic and Code Enforcement problems that would occur. He stated that there would be little economic value to allowing the electrical hook -up and would do nothing but continue the bad reputation that Lake Elsinore has had. He further stated that without existing restrictions pertaining to electricity on vacant land he asked that the City Council impose a moratorium until the issues are addressed. PAGE TWENTY -CITY COUNCIL MINUTES -JUNE 27, 2000 Dan Stinson, 17886 Lakeshore Drive, stated his objection to Temporary Electric Service Permits for vacant property on Lakeshore Drive. He stated that he is not opposed to people making use of their property, however he does object to trailers, RVs and campers parking on the property with no time limit. He commented that he feels that it detracts from the appeal of the whole community as well as the property owners along Lakeshore. He noted that in his opinion, in the long run unrestricted camping would bring down property values. He requested that Council allow further consideration of this matter, and not issue any permits until they have had the opportunity to review the issues. Chris Hyland, 15191 Wavecrest Drive, noted that the Committee for Districts is still circulating a petition. She stated that the Committee would ask for a Special Election. She invited the public to call her if they needed a location where signatures are being collected. She noted the scare tactics that Mayor Pro Tern Pape and Councilman Metze used by saying that the petition would betaken to a judge to review. She noted that the Committee has been working very hard. She noted that Council has stated that it would cost a lot of money for an election, however if the public added up the cost of the various trips taken by the Mayor, City Manager and other Councilmembers it would amount to a great deal of money. She stated that Council does not have the right to dictate how the taxpayer wants to spend money and an election is the taxpayer's privilege. She invited Council to resign if they did not like it. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1. Thanked the Flemings, Mr. Stinson, and Ms. Nelson for their comments. He stated that they have contacted staff and staff was in the process of working with the City Attorney's office to try to tighten the regulations for uses on Lakefront property without infringing on personal property rights. He stated that staff agrees that the Lake is a Jewel and there is a need to improve the water's edge as well as water quality. He stated that Mr. Fleming notified the City of illegal dumping that occurred over a weekend on the Beach side of Lakeshore Drive and that property has been dealt with. He noted the constructive and positive way the community can help Council and staff resolve some of the issues and he stated his appreciation. CITY ATTORNEY COMMENTS Announced the five matters of Closed Session discussion as listed on the Agenda. TWENTY -ONE- CITY COUNCIL MINUTES -JUNE 27, 2000 COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilman Schiffner commented on the Commented that he had no intention of getting into an argument with anyone in the audience and he would not try to explain anything to someone that he does not believe would understand or believe his explanation. He stated that he would respond to anyone who poses a question that he believes justifies a response. 2. Noted the Fleming's comments and stated that he too was appalled by some of the things that were happening along the Lakefront. He indicated that the City Manager and staff would move forward and try to establish regulations that would not infringe on people rights. He stated his confidence in staff s ability to work out some type of regulation that would satisfy both the City and the property owner. He stated that the ultimate intention is for the City to own the Lakefront properties. Mayor Pro Tem Pape commented on the following: Congratulated Serena Sostre, a student at Terra Cotta Middle School for her achievement as State Champion of History Day. He noted that she has just returned from Washington D.C. where she competed and placed second in the Nationals. He suggested that the City invite Serena to the next Council Meeting to share some of her adventures. 2. Thanked Mr. French for his donation and noted that Elsinore is spelled Helsignor in Denmark. 3. Stated to prevent misinformation, he explained the bond process and explained that the total bond payments have to be less than the ones that were being replaced. He stated that this was a law. 4. Noted the comments by Mr. Fleming. He stated that staff is working on the problem and explained that hopefully there will be something to present at the next meeting. 5. Stated that there were inquires regarding the old T.P. Ranch and stated that the City has been working with the property owner clear the unsafe building on the property as well as the old metal building. He TWENTY- TWO -CITY COUNCIL MINUTES -JUNE 27, 2000 indicated that Council would like to give the property owner the opportunity to take care of the matter. He noted that if the property has not been abated by the middle of July, then the City would proceed with abatement. 6. Noted that at the Riverside County Transportation Commission Budget Meeting, it was approved to add to the next meeting's Consent Calendar Grant Money to install sidewalks near Railroad Canyon Elementary School. He stated that the total project cost would be approximately $80,000 and the Grant is for $72,000. He noted that it would be well worth the $8,000 to gain new sidewalks in that area. 7. Addressed the District issue and noted that there have been articles in the newspapers. He stated that the population of Lake Elsinore is approximately 30,000 and in neighboring area there are no Districts. He stated that it was usually something that was reserved for very large cities because the population was so large that it would be hard for one person to interact with hundreds of thousands of people. He noted that the City of Lake Elsinore does not have that problem and explained the negative of dividing the City and causing a problem with Capital Improvements and the ineffectiveness of bringing politics into projects that should be considered City Wide. He stated that it was this Council's goal to improve the City and by splitting into Districts it would undermine the effectiveness of the Council. He noted that in the last City Council Election 2,741 people voted and divide the number by four districts, it would create a situation where 250 to 300 votes would elect someone and does not make sense. He noted that the City is not large enough to split and all of Council is available to the public. He reminded the public that it would still require 3 votes to pass an issue no matter how the Council was selected. Mayor Pro Tem Pape noted the concern expressed by the District Committee regarding the Council seeking legal advice or an opinion from a judge. He stated that he felt that would be the prudent to seek an expert opinion to find out if an initiative would stand -up to a legal challenge. He stated that it was Council's fiduciary responsibility to make sure that it will meet legal requirements since it must go to a vote of the people. He noted that the problem with the initiative is that it does not have proposed boundaries and asked how this will be accomplished; noted State Law sets Council terms at 4 years, and the Committee is proposing to change it to 2 years and is in conflict with State Law; and the Single Subject issue which requires that when a proposition is placed on the ballot it must address one issue at a time and not lump all the issues together. He further noted that Council does have concerns and he wished to make the public aware of what Council's concerns were. PAGE TWENTY -THREE -CITY COUNCIL NIINTUES- JUNE 27, 2000 Mayor Brinley commented on the following: Congratulated Serena Sostre for her accomplishment of being first in the State for History Day and second in Nationals. She asked that the City Clerk provide a proclamation for the next meeting. 2. Commended Harvey French and his late wife for being such good members of the community and thanked him for the donation of the picture of Kronberg Castle in Helsignor, Denmark. She stated that the picture will be hung in City Hall for the entire community to enjoy. Thanked Mr. Flemming for sharing his concerns and stated that the City must be sensitive to the property owners rights, however she agreed that something should be done to assure the proper use and care of the City's Lakefront property. She stated that it has been a concern of the City as well. 4. Stated that the play "Oliver" from Butterfield Elementary School was wonderful and noted that the play was done in a very professional manner. She stated that the entire cast gave each part their all. She noted that it could be viewed on Visions and Views each Monday at 7:30 p.m., for the month of July and congratulated each and every person that worked on the play and well as the actors for a job well done. Stated that the Car Classic last Saturday was great. She noted that there were at least 300+ people that enjoyed the event. 6. Again congratulated George McDonough for Business of the Quarter. She noted that he does the graffiti program for the City as well and does a great job. 7. Announced the upcoming events. 1. Open Air Market - July 2, 2000 - 8:00 a.m. to 3:00 p.m. on Main Street. 2. Annual Chili Cook off will be at the Open Air Market. 3. 4th of July entertainment will be at the Diamond Stadium on Tuesday, July 4, 2000, 5:30 p.m. to 9:30 p.m., $4 admission and children under 3 are free. 4. Canyon Lake Wakeboard Competition, July 8th, on the Inlet Channel. 5. INT Wakeboard, Kneeboard and Waterski Races, July 22nd and 23rd, on the Inlet Channel 6. Canyon Lake Wakeboard Competition, August 12th, on the Inlet Channel. PAGE TWENTY -FOUR -CITY COUNCIL MINUTES -NNE 27, 2000 7. INT Wakeboard, Kneeboard and Waterski Races, August 19th and 20th, on the Inlet Channel. 8. 2000 Flight Worlds of Hydrofoiling, September 6th - 10`x', on the Inlet Channel. 9. Canyon Lake Wakeboard Competition, September 16th, on the Inlet Channel. 10. National Waterski Racing Association Circle Race, September 23`d and 24th. 11. Vans WWA Wakeboard and World Championships, October 5th - 8th, on the Inlet Channel. 12. Canyon Lake Wakeboard Competition, October 14th, on the Inlet Channel. 8. Thanked and congratulated Gabe Rivera for his poem. 9. Addressed the Districts and stated that she wished to speak on behalf of the City Attorney and City Clerk, who have worked very hard on this initiative. She indicated that they have told the Committee several times that they needed to seek legal counsel to assist in writing the initiative for the ballot and noted that the initiative that appeared on the March ballot was found invalid for some of the same reasons that were noted this evening. 10. Wished everyone a safe and wonderful 4th of July. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of section 54956.9) Williams v. City of Lake Elsinore (4th Appellate Case # E024487); Williams and Hassan v. City of Lake.Elsinore (4th Appellate District Case # E025201) B. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of section 54956.9: (1 potential cases) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ( Gov't Code §54956.8) Property: Assessor's Parcel No. 370 - 040 -028 Negotiating parties: Ely Kass and the City of Lake Elsinore Under negotiation: price and terms of payment. D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ( Gov't Code §54956.8) Property: Assessor's Parcel Nos. 370 - 040 -030, 370 - 040 -031, 370- 040 -001 PAGE TWENTY- FIVE -CITY COUNCIL MINUTES -JUNE 27, 2000 Negotiating parties: Saykr Inc. and the City of Lake Elsinore Under negotiation: price and terms of payment E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ( Gov't Code §54956.8) Property: Assessor's Parcel No. 365- 030 -001 Negotiating parties: Denis Trudeau et al. and the City of Lake Elsinore Under negotiation: price and terms of payment THE CITY COUNCIL WAS RECESSED AT 9:15 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:24 P.M. CITY COUNCIL DIRECTED SPECIAL LEGAL COUNSEL TO FILE A PETITION FOR REHEARING WITH THE 4TH DISTRICT APPELLATE COURT (Mayor Brinley, Mayor Pro Tem Pape, Councilmembers Kelley and Schiffner voting in favor; No dissenting votes; Councilman Metze absent). ADJOURNMENT MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETDW -,AT 10:25 P.M. PAMELA/BRIM CITY OF LAKE ATTEST: A L. BRY ING, PUTY Y CLERK CT_CY OF LAKE ELSINORE