Loading...
HomeMy WebLinkAbout1997 CC MinutesMINUTES CITY COUNCIL STUDY SESSION CITY :OF: LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA CONFERENCE ROOM A & B Tuesday, January 7, 1997 xxxxxxxxxxxxx* xxx*** x* xxx** zxxxx* xx* xx*** xxx** xx *xxxzxxzxxx *xxxxxxzxxxxxxzxxxx CALL TO ORDER The City Council Study Session was called to order by Mayor Pape at 3:05 p.m. PLEDGE OF ALLE IAN F The Pledge of Allegiance was led by Councilman Alongi ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, Administrative Services Director Boone, Special Projects Manager Best, Community Development Director Leslie and Deputy City Clerk Bryning. PUBLIC COMMENTS - A ENDIZED ITEM Mayor Pape noted that there was one Request to Speak and which would recognized at the time the item is addressed. DISCUSSION ITEM A. Library Services. City Manager Molendyk gave an overview of the City s participation in the Library Study and introduced Beverly Simmons, Consultant for David M. Griffith & Associates. Ms. Simmons gave an overview of the varying library systems throughout the State of California and explained theirvariousroles. She noted the City/County Library Service Contract the City of Lake Elsinore has been a part of for the last several years. She further noted that the City has received good service from the County Agreement to date. She explained that the County is in the process of Requesting for Proposals to Provide Library Service. Ms. Simmons explained that she will be asking the Council questions to facilitate the Study and enable her team to best address: the items and issues that Council feels are most important to the community. She explained that the topics on the Agenda are suggestions that she felt Council might want to address as follows: 1. Role of the Library in the Communes. 2. Library Service Expectations. 3. Delivery of Library Services. 4. Options for Future Library Services. 5. Funding for Library' Services. 6. Council Suggestions Ideas or Issues Regarding L ibrary Services. PAGE TWO - MINUTES OF STUDY SESSION - JANUARY 7, 1997 Ms. Simmons explained that she will be using these topics to gain a better idea of what the Council wants to see in the Study. City Manager Molendyk asked what Ms. Simmons sees for libraries over the next 25 years. Ms. Simmons stated that she feels, in general, the library systems are in a state of revolution due to the impact of technology. She noted the impact this has on staff, services and information. Mayor Pape asked if this meant less books and more information. Mayor Pro Tern Kelley stated that it would not. She explained that people will still be reading books for enjoyment, but the computer gives the ability to gain even more information for research. City Manager Molendyk noted the importance of a good library for economic development and pointed out that the business community expects good library service. He explained that this gives business the opportunity to test the pulse of the community for available information. Ms. Simmons explained that 75% of the books in a library are for home use and the other 25% are for research purposes. She noted that Ben & Jerry s Ice Cream acquired their original recipe from the library and created a major business from that starting point. Councilman Metze asked if libraries will be downsizing due to technology and available information Councilman Alongi asked what percentage of the community uses the library and their ages. Councilwoman Kelley stated that in Lake Elsinore Library 46% for the users are children. She noted that the City of Lake Elsinore Public Library serves 64,000 people with 2,063 new users last year. Councilman Alongi asked what the percentage of citizens within the City of Lake Elsinore use the library versus the County area. He noted that if 60% of the 64,000 people that hold library cards are from the County, then the County should kick in financially. He stated that the taxpayers of the City of Lake Elsinore should not have to pay for the people in the County that use the facility. Councilman Alongi stated that there is a need for a library, but what concerns him is what it is going to cost and what will happen if we do not stay with the County system. Mayor Pape asked if a valley wide system is being considered versus an independent system. He noted that the revenue from Temecula is greater than the revenue from Lake Elsinore and explained that would this impact the spread of the dollars available. Councilman Metze asked if there is information as to how the population of the City feels about this issue. He suggested that a mail -out be sent to the residents to gain their input. Mayor Pro Tern Kelley stated that a Focus Group will be formed to gain input. _ Councilman Alongi stated that he understood that 500 surveys would be mailed to residents on a random basis to gain more information from the public. He expressed concern regarding the areas that the survey will be sent and stated that he would like to see all income levels represented. Mayor Pape stated that a Focus Group would give valuable input. Councilman Metze again asked what the people of Lake Elsinore wanted. PAGE THREE - MINUTES OF STUDY SESSION - JANUARY 7,1997 Mayor Pro Tem Kelley clarified that this meeting is to find out what Council wants for a library and public opinion will be addressed separately. Councilman Alongi indicated that he does not know what should be in a library and that is why we have a consultant. Mayor Pro Tem Kelley stressed that his opinion is as important as anyone that lives in the community. Ms. Simmons asked Councilman Alongi why he felt a library was important to the community. Councilman Alongi stated that it is important to have information available to the public and although he does not use this library, he does feel that it is important to have the library available for the community. He stated that his concern is the cost and if the need justifies the cost. Ms. Simmons stated that a library offers an avenue of information into countless areas and provides educational and cultural resources for the entire community. She explained that this service could be integrated with other City services such as the recreation center or some other human service facility. Mayor Pape stated that he felt that the overhead paid to the County was far too high for the service provided. Ms. Simmons questioned what is fair and stated that administrative costs are necessary to provide any type of service, not just library services. Councilman Metze stated that the City of Lake Elsinore has not had an option in regard to the library, since the County has run it for so long.. Mayor Pape indicated that he felt that it would be more cost effective if the program were valley wide. Ms. Simmons stated that the library should be the information center of the community. Councilman Alongi asked how the size of a library should be determined. Ms. Simmons stated that it is set at one -half of a square foot per resident. Ms. Simmons asked Council what they felt were the greatest needs to address the library issue. Mayor Pro Tem Kelley stated that there was a need for more hours to be available to the public, as well as updated reference material and increased staff time. Councilman Metze related his experience with his children and their participation in the childrens programs. He noted that when services were cut his children really missed the experience. He explained that he felt that his children profited from those programs and gained a learning advantage. Ms. Simmons stated that there are firm findings that it does not matter what the income level or amount of day school the children have received as to how bright they are in school, but rather the amount of books they have been exposed to and the desire to read from that early exposure. City Manager Molendyk stated that it has been a problem for the local high school student to do research and they find that they must go to Riverside to get the necessary PAGE FOUR - MINUTES OF STUDY SESSION - JANUARY 7, 1997 information. He noted that the average age of citizens of this community is 35 and they have expanding families. He further noted the need of support for student research at all levels of education.. Mayor Pro Tern Kelley explained that current technology must be available for those that don't have computers in their homes. She noted that the current collection of information available to students is very poor and not adequate to their needs. She further explained that it is one thing to have computers available, but because not everyone has a computer and has the knowledge to use one, it requires staff to assist and educate. Councilman Alongi stated that there is some responsibility for the School District to provide information to the students and not expect the City to provide 100 %. Mayor Pro Tern Kelley concurred and stated that the School District has a library at each school, but the existing library is not an adequate back -up to what the schools have. City Manager Molendyk explained that the average person doesn't know what the library should provide and how it is supposed to be run. He stated that there should be information provided to the public regarding the cost of staff, supply and maintenance of a library. Ms. Simmons defined the teachers role, the role of the library and the role of the school Councilman Alongi stated that the better the education and information available to students, the better community safety will be. He explained that the better educated the youth are, the less crime that is found in the community. Mayor Pape stated that not every person in the community makes use of the library, but rather someone in each household does upon occasion use the library. He explained that he felt that it was the consultants job to tell Council the best method to approach problems regarding library service. Ms. Simmons stated that the 1993 Library Study will be a good base for information to set service levels projected for today's population. Mayor Pape agreed with Mayor Pro Tern Kelley that the service levels are vital to the community. Councilman Metze stressed that the hours of usage should be addressed. There was general discussion in regard to the level of service due to cut -backs and the hours of usage. There was discussion regarding a Joint Powers Agreement between the City of Lake Elsinore, the City of Temecula, the City of Murietta, the City of Canyon Lake and the County of Riverside. Mayor Pape noted that there could be resource sharing and it was noted that the advantage to a City owned library is control of information and control of the money spent. Councilman Alongi stated that he would like to see a library program with an exchange of resources, but if the City were to enter into a joint agreement then it would be necessary for the County to participate, since a large part of the population of the Valley lives in the County and uses City facilities. Councilman Metze suggested that a annual users fee be charged for non - residents. PAGE FIVE - MINUTES OF STUDY SESSION - JANUARY 7, 1997 Mayor Pro Tern Kelley stated that through a joint powers agreement the libraries would be free for anyone who wanted to use them. City Manager Molendyk stated that this would be a regional system and made note of a library in Fullerton that is operating in this manner. Councilman Alongi stated that he would rather have a City owned facility that we could control due to the growth of our community. He noted the size of other communities and pointed out that they have different needs. He asked that Council be provided an exact amount of cost for library services to enable them to take this issue to the voters. He noted that it is possible that Council may have to ask for an assessment to be placed on the ballot to cover costs and he would like to inform the public of the exact dollars needed. There was general discussion in regard to the cost of land, the cost of building a new facility and the possibility of the City become a partner with the schools to provide joint libraries much the same as we do with parks. Councilman Alongi stated that this would be part of the education necessary for the voters and should be made part of the June 3, ballot. Mayor Pape stated that Council should not confuse the issues and be cautious as to what they will present to the voters on the June 3rd, ballot. Councilman Alongi stated that the City will be asking the voters for Money on the June 3rd, ballot and it should be all done at one time. City Manager Molendyk reminded Council that the Library Study may not be ready to place on the June 3rd, ballot and it is necessary to define what we want and how much it will cost to provide. Councilman Alongi concurred and stated that to provide library services through an assessment, there is a need for proper information to educate the public. Ms. Simmons explained that she needed to ask Council questions regarding revenue and asked if Council would support a measure to the voters for revenue. Council stated that they would. She asked if the system were regional versus independent would they support a measure for revenue and suggested that an assessment currently in piece could be used to support services. She suggested a bed tax or some other revenue that is currently in existence. Mayor Pape called upon Barbara Anderson to speak. Ms. Anderson stated that she is more familiar with the operation of the Caii_'dsnia State. Library rather than a local library and noted that the level of education in communities is never enough. She suggested non - resident fees and noted the need for resources that can only be found out of the local system. She noted that if 46% of the users of the library services are children, the other 54% of the users are members of the community that are not children. She spoke in favor of a Joint Powers Authority and stated that the City would benefit from the larger cities. She suggested that if this facility is too small, possibly Council should consider using a vacant building such as the old Vons Market site which is standing empty. Ms. Anderson noted that there can be a cooperation of services and the City could combine with a local college to develop a library for the entire community and the college. She suggested that the Council formulate a public body to make suggestions and recommendations. There was general discussion regarding revenue costs and the formation of a Focus group. PAGE SIX - MINUTES OF STUDY SESSION - JANUARY 7,1997 Ms. Simmons suggested that Council attend the Focus Group Meeting in Temecula on Saturday, January 11th, which will be from 9:00 a.m. to 11:00 a.m. She thanked Council for their time and input and explained that she will be taking this back to her firm to begin formulation of the study. Councilman Metze asked if the study will cover boundaries with the library addressed as both individual and joint. Ms. Simmons stated that all avenues will be investigated. City Manager Molendyk stated that Temecula, Murietta and Lake Elsinore were the forerunners to the discussions regarding libraries. He noted that WRCOG is looking at libraries throughout the County system and will be doing an evaluation themselves. ADJOURNMENT MOVED BY METZE, SECONDED BY ALONGI AND VOTE OF THOSE PRESENT TO ADJOURN THE ST '. P Respectfully Submitted, Adria L. Bryning, eputy C' Clerk ATTEST: VICKI KASAD, CITY CLERK .RIED BY UNANIMOUS SESSION AT 4:36 P.M. MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 14, 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Boy Scout Troop 99, with Troop Leaders Tony Romero, Mr. Holland and Mr. Star, as part of their work on their citizenship badge. INVOCATION a. The Invocation was provided by Pastor Scott Christenson of First Lutheran Church. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh Building and Safety Manager Russell and City Clerk Kasad. PRESENTATIONS IZro - PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following item and deferred to that discussion: Item No. 9. PAGE TWO - CITY COUNCIL MINUTES - JANUARY 14, 1997 CONSENT CALENDAR ITEMS City Manager Molendyk requested that Item No. 4 be continued. The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5, 6, 7, 8 and 9. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED, AND CONTINUE ITEM NO. 4. 1. The following Minutes were approved: (FA4.4) a. Adjourned Regular City Council/Redevelopment Agency Meeting - December 3, 1996. b. Joint Study Session with the Chamber of Commerce - December 5, 1996. C. Regular City Council Meeting - December 10, 1996. d. Adjourned Regular City Council Meeting - December 19, 1996. 2. Ratified Warrant List for December 26, 1996. (F:12.3) 3. Received and ordered filed the Investment Report for November, 1996. (F:12.5) 4. Continued the Stop Sign Controlled Intersection Lake Trail Circle at North Lake Drive - Resolution No. 97 -1. (F:162.2) 5. Approved Contract for News & Information Center at Senior Center with Prime West Incorporated. (17:68.1)(X:144.3) PUBLIC HEARINGS 21. Amendment of Section 8.18.090 of the Lake Elsinore Municipal Code concerning Nuisance Abatement Costs - Ordinance No. 1025. (F: 32.4) City Manager Molendyk explained this item. Councilman Alongi questioned the committee members receipt of $100 and noted that Planning Commissioners sit on that Board, and further noted that he has asked this question previously. Community Development Director Leslie explained that the Commissioners are not paid for sitting on the Board, and the $100 is part of the administrative cost for staff time. PAGE THREE - CITY COUNCIL MINUTES - JANUARY 14, 1997 Councilman Alongi noted that the Code Enforcement Officer is being paid to do that job and suggested that it be called something different. He indicated that he doesn't mind the $100, but he does mind how it is listed. City Manager Molendyk concurred that the verbiage might need to be changed. Mayor Pro Tern Kelley stressed that this is a good change and will encourage abatement of existing nuisances. Mayor Pape opened the public hearing at 7:10 p.m., asking those person interested in this item to speak. Hearing no one, the public hearing was closed at 7:10 p.m. Mayor Pape commented that for 99% of the people this will have no effect because they don't have trash, abandoned cars, etc.; but stressed that it gives the City an opportunity to replace the cost for abatement. MOVED BY PAPE, SECONDED BY BRINLEY TO ADOPT ORDINANCE NO. 1025 UPON FIRST READING BY TITLE ONLY. Councilman Metze noted the actions which will occur prior to this process and stressed that this is intended to be a final action, after all other attempts to rectify the problem have been taken. ORDINANCE NO. 1025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING SECTION 8.18.090 OF THE LAKE ELSINORE MUNICIPAL CODE CONCERNING NUISANCE ABATEMENT COSTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. with First Financial Group, Inc. (F:68.1)(X:134.10) City Attorney Harper indicated that based upon ongoing discussions with PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 14, 1997 those involved, he would request continuance of this reading for two weeks. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. 32. Requested Committee & Task Force Appointments. ( F :44.1)(X:108.8)(X:164.2)(X:76.3 ) City Manager Molendyk explained that this item is based on a letter received from the League of California Cities requesting consideration of representatives; as well as appointments for the Riverside County Habitat Conservation Agency and the E.V.M.W.D. Task Force for Reclaimed Water. He stated that these items are now before Council for consideration. Mayor Pape indicated that these items would be taken one at a time and called for volunteers. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPOINT COUNCILWOMAN BRINLEY TO THE LEAGUE EMPLOYEE RELATIONS COMMITTEE; MAYOR PRO TEM KELLEY TO THE LEAGUE ENVIRONMENTAL QUALITY COMMITTEE; AND COUNCILMAN METZE TO THE LEAGUE HOUSING /COMMUNITY DEVELOPMENT COMMITTEE. Mayor Pape announced that he has been appointed to the State Wide League Committee for Public Safety. He explained that it meets five times a year and stated that he is looking forward to having the opportunity to give input on Public Safety issues State Wide. MOVED BY PAPE, SECONDED BY BRINLEY TO APPOINT COUNCILMAN METZE TO THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY. Councilman Alongi stated that there is a letter from the Chairman of the Riverside County Habitat Conservation Committee which recommends that the Council leave the Agency Members as assigned due to the amount of information reviewed in creation of the multi- species plan. He noted the time to catch up and explained that he has served a long time and wishes to remain on the Committee. Councilman Alongi stated that he did not want to see this become an issue by replacing him. Mayor Pape stated that it does not need to become an issue since he has talked to the Chairman on the phone and he feels that she understands. Councilman Alongi explained that the Mayor had approached him prior to the meeting and informed him that he was going to replace him on the RCHCA because there were members on that Committee that had complained about him. He pointed out that either the Mayor is lying or the two people that told him are lying. He stated that he had called the Chairman, Mrs. Pierson and all of the Members except two and none of them had a problem with him; and PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 14, 1997 most found it very improper for the Mayor to take action without calling the Chairman of the Board. Councilman Alongi stated that this action is a political maneuver and noted his work on the Committee and the things that he has helped to accomplish. He noted that Councilman Metze has already stated that he does not get along with Supervisor Buster and cooperation is essential between all members. He further noted that this is a dangerous area with the Endangered Species Act, because there are over 200 more species which could be added; and this must be addressed properly or we will loose the coverage we have gained to date. He explained that the Mayor is willing to disrupt the Agency and all the work that has been accomplished to date because he wishes to make his political movement and put it in the RCHCA. Councilman Alongi stressed the amount of time spent for the RCHCA and the hours required to read the necessary material. He questioned how anything will get done if our representative does not get along with Supervisor Buster. He stated that this is ludicrous and is unbecoming of the Mayor of the Community to appoint someone who is not going to cooperate with the other members of the Committee to accomplish what is best for the City. Mayor Pape stated that his main concern is doing what is best for this community and this is not intended as a personal attack. He explained that what goes on at the Committee Meetings is important and it is also important that the City have full representation. He further stated that he felt that Councilman Metze is fully qualified to read the material, ask questions, make a decision and carry it forward. He expressed concern that the City is not getting proper representation and our current representative does not have proper credibility with the public or the RCHCA Committee Members and has no accountability. He indicated that it an embarrassment to the City to have a representative removed from Council Meetings and found guilty on four different counts of FPPC violations. He noted that Councilman Alongi has lied in court and quoted the comments of the Judge. He stated that he is flat lying to the public and did lie as to why a witness could not attend the hearing and became quite agitated when the attorney disclosed this fact. Mayor Pape quoted the court transcripts. He noted a tape of an interview with FPPC and a videotape of a City Council Meeting. He pointed out that Councilman Alongi has stated that he knew he had a conflict of interest and would do it again. Mayor Pape stated that he feels that Councilman Alongi does lack some ability for telling the truth. Councilman Alongi noted that this was not from the Judge. Mayor Pape quoted the verdict from the Judge. He asked how the public can take someone seriously when that person has committed these types of violations. He stated that he feels that he needs to deal with this issue appropriately and that there should be adequate representation on this Committee. Councilman Alongi stated as always the Mayor is ignorant. Councilwoman Brinley called for the question. Councilman Alongi stressed that this is only the opinion of an Administrative Law Judge and he has not yet been found guilty. He suggested that the PAGE SIX - CITY COUNCIL MINUTES - JANUARY 14, 1997 Mayor lied about the opinion of two members of the Committee. He stated that there is no evidence in the transcript which remotely resembles any wrongdoing on his part regarding self-interest. He stressed that it is an opinion only and that he has filed a brief with the Court of Appeals. He noted that if he had to do it all over again and the prior Council were present, he would do it again due to his commitment to the community. Councilwoman Brinley again called for the question. Councilman Alongi indicated that no one has complained about his contributions to the RCHCA; and he feels that it is only the Mayor that has complained. Mayor Pape indicated that there were two Members of the Committee who have complained: He also noted that according to the FPPC the technical verbiage on the Judge's findings is that Mr. Alongi had been found in violation of four FPPC laws. THE FOREGOING MOTION CARRIED WITH A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. Mayor Pape asked for appoints for Elsinore Valley Municipal Water District Reclaimed Water Task Force as follows: Mayor Pro Tem Kelley - No one at this time. Councilwoman Brinley - Karen Snider Mayor Pape - Pat Kilroy Councilman Alongi - Pete Dawson Councilman Metze - Bob Schiffner Mr. Dawson asked that another person be picked in his place, since he has been appointed to this committee by another agency. Councilman Alongi therefore appointed Chris Hyland. MAYOR PAPE CALLED FOR A CONSENSUS OF COUNCIL FOR THE ABOVE MENTIONED NAMES. ALL MEMBERS AGREED. MOVED BY BRINLEY, SECONDED BY METZE TO NOMINATE MAYOR PAPE AS COUNCIL REPRESENTATIVE TO THE EVMWD RECLAIMED WATER TASK FORCE. Councilman Alongi stated that he had been previously appointed at the last meeting and this would be removing him from the position. THE FOREGOING MOTION CARRIED WITH A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 149 1997 6. Offer of Donation of Real Property. (F:48.1) City Manager Molendyk explained the location of this piece of property as offered by Mr. Ralph Floyd, and noted the initial contact with a former employee in 1993 which indicated an interest in the parcel. He further explained that staff has reviewed this item with Finance; and due to financial problems would recommend that the property remain on the tax rolls. He clarified that this request was initiated prior to present situation and the owner did have an understanding that the City might be interested. He noted the past interest in obtaining properties when they are of benefit to the taxpayers and in Country Club Heights some have be acquired to facilitate future development on buildable parcels. He commented that the Council could choose to redirect the policy. Mayor Pro Tern Kelley noted that since the City has already accepted two from Country Club Heights in the last year, she would like the Council to consider giving direction to staff. She also suggested that with the confusion this one should be accepted and the policy reviewed prior to future actions. Councilwoman Brinley suggested that there was a moral obligation, as owner acted in good faith, but got put aside. She suggested that the Council should honor the 1993 agreement. Councilman Alongi indicated that he recalled this property and noted that this property is unbuildable and only taking on more liability. He stressed that there are no good opportunities to build on this property. He indicated that Us action would be asking the taxpayers to take on delinquent taxes, the Council did not act officially and Ray Wood had no authority to accept property for the City. He suggested that the Council leave it alone and see what happens. Mayor Pape noted that he is concerned with the $1400 in delinquent back taxes. Councilman Alongi suggested letting the State take it for delinquent taxes, down the Road; and the City will get it from the State anyway. City Attorney Harper indicated that as a practical matter Councilman Alongi is correct; if the City takes the property for taxes, it will be offered to the City for purchase. He noted that the down side is that we would pay something either way. Councilwoman Brinley noted that it would be more than the current $1,400, and stressed that she could not see any reason to leave the owner hanging. She suggested that it was a matter of honor at this point. Mayor Pro Tem Kelley suggested clarification of the policy. City Attorney Harper noted that past policy has been to acquire property for the City. MOVED BY BRINLEY TO ACCEPT THE PROPERTY WITH A NEW POLICY TO NOT ACCEPT ANY ADDITIONAL PROPERTIES UNLESS IT BENEFITS THE LAKE, THE PARKS OR THE STREETS. MOTION PAGE EIGHT - CITY COUNCIL MINUTES - .JANUARY 14, 1997 DIED FOR LACK OF A SECOND. Councilman Alongi questioned why the Council would be willing to pay the taxes. He stressed that it would be better to let the State take it over and the City obtain it from them. He stressed that this would be using good tax dollars to buy something unnecessary. MOVED BY ALONGI TO DENY THIS REQUEST. MOTION DIED FOR LACK OF A SECOND. MOVED BY KELLEY TO STUDY THIS WITH REGARD TO ACQUIRING A PROPERTY AND POSTPONE A DECISION UNTIL AFTER A STUDY SESSION. MOTION DIED FOR LACK OF A SECOND. Councilwoman Brinley suggested that this be the last piece we accept, and not accept anymore unless they are of benefit to the City. She stressed the need to make a decision, as the man has been waiting for quite a while. She fiuther stressed that this was in compliance with policy at the time the man submitted the request. She indicated that staff now knows not to accept any more donated property unless it would be beneficial. She suggested making a motion and moving forward. Councilman Alongi stressed that this is an offer without any money. He indicated that the City Attorney does not know anything about what the State does with property. He stressed that no offer was made to the owner, but he is willing to give it up for nothing, because it is worth nothing. He stressed the need to spend money on something worthwhile. MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 3 TO 2 WITH BRINLEY & METZE CASTING THE DISSENTING VOTE TO APPROVE STAFF RECOMMENDATIONS AND NOT ACCEPTTHIS DONATION OF REAL PROPERTY. 7. Presentation of Fiscal Year 1995 -96 Annual Audit & Financial Repo (F:24.1) City Manager Molendyk recommended that this item be received and ordered filed. Councilman Alongi asked Administrative Services Director Boone about page 2 of 3, second paragraph on General Fund expenditures, and requested clarification that this was not including the Stadium costs. Administrative Services Director Boone explained that the previous year the iGeneral Fund paid costs for the Stadium; and compared to this year that would show reductions. Councilman Alongi questioned where that money went. Mr. Boone clarified that it was part of the $1.3 million in increased reserve funds for that year. Councilman Alongi noted the figures with regard to reserves. Mr. Boone clarified the reserves as of June 30, 1996. PAGE NINE - CITY COUNCIL MINUTES - JANUARY 14, 1997 MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND FILE THE 1995 -96 ANNUAL AUDIT AND FINANCIAL REPORT AS PRESENTED. Investment Policy and Reporting Requirements for Calendar Year 1997. (F:12.5)(X:120.1) City Manager Molendyk explained that this new policy is making changes to fit the new State requirements and tighten up the regulations, as a result of what happened in Orange County. Mayor Pape noted that the City has been using the LAIF investment fund for years; and it is one of the least risky funds for investment of the reserves. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE INVESTMENT POLICY AS PRESENTED FOR CALENDAR YEAR 1997. 9. Official Statement for Lake Elsinore Recreation Authori ty. (F:133.7) City Manager Molendyk noted that this item has been discussed in a Study Session and indicated that the new figure is $14,602,000. He stated that Mr. Gunn is present to answer any questions. Mayor Pape called upon the persons who had requested to speak on this item. Mr. John Seepe, 15631 Half Moon Drive, noted the limited amount of funds that homeowners have available for taxes and the fact that if the homeowners are going to be responsible for the bonds on the Lake then other things will have to be ignored. He requested that the City spend funds frugally and again reminded Council that if the property owner is expected to accept the burden, there are only so many tax dollars that they can spend and other things will have to give way such as parks and education. Leroy Tucker, 3532 Cherry Blossom Lane, indicated that the Stadium has been a problem for the last three years and asked if Council has considered selling the Stadium. He noted that it has been proved that the Stadium cannot be run on a profit and asked that Council seriously consider their decision 1 since this will affect future Councils for the next 40 years, just as the original decision was not yours, your decision will not be other Councils, but will affect them. He suggested that the voters should be allowed to decide if the Stadium should be sold or not. Nita Van Heist, questioned the wisdom of this Council in repeating history. She noted that the previous Council was hell -bent on having this Stadium questioned their decision. She stated that now this Council is considering a 40 year commitment for $44 million along with putting the Lake in jeopardy. She noted the responses of past Councilmembers and pointed out that one of the bond advisors in under investigation by the Securities Exchange PAGE TEN - CITY COUNCIL MINUTES- JANUARY 14, 1997 Commission. She cited the Red Lion and stated that she called their firm and talked to their attorney and he informed her that there is no future plans for building in the area and never has been. Edith Stafford, stated that she was mad as hell and doesn't plan to take it anymore as to how the officials manage the City and the finances of the City. She called upon the residents to look at the fact that they are being snowed. She stated that it is not in legal terms, but it is fluff and stuff. Ms. Stafford explained that the City has done nothing to demonstrate that they are capable of paying the bond. She noted that the previous Council is in trouble if the people want to do something about it. She stated that the citizens of Lake Elsinore have a Class Action Case due to what has happened and what is about to happen. She called upon the citizens of the City to see through the mumbo jumbo. She further stated that somebody is benefiting from this besides the City of Lake Elsinore because no one in their right mind would put this City in this type of financial position, unless someone is benefitting. She stressed that she sees through this action. Ms. Stafford stated that she is not in favor of the authority Council gives itself. Dick Knapp, City Treasurer, stated that he is totally against this action. He concurred with giving the Stadium back to the bank. He noted that he has attended a lot of meetings and gave an overview of the different facts that are presented. He stated that he has been fed false information as the City Treasurer. He finther stated that this issue deserves another month or two of consideration. Mr. Knapp stated his concern regarding the cost and indicated that the cost includes a $300,000 prepayment penalty for paying off the $10,000,000 too early; the Bond Counsel fee of 2.95% of whatever the City borrows which will be approximately $400,000; and the Underwriters Discount of 2.5% interest which is approximately $340,000. He further stated that in consideration of the cost which is in excess of $1,000,000 just to package the loan, the City would be better off to give the Stadium back to the bank. - -He stated that for the record, he is totally against this action. Ron Gunn, Financial Advisor, indicated that there are bonds outstanding and the City is obligated to make payment on those bonds. He explained that if the bond payment is not meant there is a mechanism in the Bond Issue which states that should the owners of the bond default that the State would be notified and the State would intercept Motor Vehicle In Lieu Fees. He stated that it is inaccurate to suggest giving the Stadium back to the bank, since the bank would own the Stadium and the payments on the Bond would still be made by the City. He noted that this Council is faced with the reality of existing bonds and that the City at this time cannot afford to make payment. He noted that what they are now attempting to do is negotiate for a lower interest rate. Mr. Gunn noted that the principle amount is greater, but the interest rate will be approximately two to two and one half percent lower than what the City is currently paying. He explained that what the City is trying to accomplish is to issue new bonds to buy time so the City can afford to make payments. He noted that the new issue will buy the City three years to make PAGE ELEVEN - CITY COUNCIL MINUTES - JANUARY 14, 1997 additional cuts and if history repeats itself, revenues should increase during that period of time as well. He further explained that there is nothing in the bond for new projects since a more conservative approach was taken in this issue. He explained that the issue is for $14,6 million and noted that the final size is based on the pricing of the bonds. He stated that given the current circumstances he would recommend that the City proceed. Councilwoman Brinley asked if Mr. Gunn would address the statement that this action would be too risky. Mr. Gunn explained that bonds are either unrated or have various quality ratings and this bond is an unrated issue. He noted that there is some risk for the investors and this document addresses this issue. He further noted that it give the City's financial position and attempts to quantify that risk for investors. He further explained that on the City side this is a reasonable course and will continue to be reasonable if the payments are make as the City continues to proceed as it has done in the last year. He noted that the City's Budget will be balanced as of June 30. Councilwoman Kelley asked that the Vehicle Fees in connection to the Bond be explained. Mr. Gunn explained that the State estimate for the DMV Fees is approximately $912,000 for this fiscal year. He further explained that the Bond Service debt, over the next three years, will be $1,050,000 with about a $100,000 difference. Councilwoman Kelley asked Mr. Gunn to explain how the debt is transferred from the Stadium, making the Stadium free of that debt. Mr. Gunn explained that the reason for this asset transfer financing from the Stadium to the Lake is to allow the ability to issue tax exempt bonds. He noted that the Lake allows the City to issue Tax Exempt Bonds at 7 1/4% interest rate. He further explained that the difference in the interest rate almost pays for the first three years. The Lake is not at risk and noted that it is in the Official Bond Statement that bond owners do not have the right to take the City's property as well as any use restrictions on the Lake would continue. He further explained that the only thing that a bond holder could do is take over the City's leases and attempt to renegotiate them. He noted that it is not a viable option, but bondholders would have it. Councilwoman Brinley questioned if this reorganization would make the Bond Pool stronger since each bond would stand on its own. Mr. Gunn stated that it does make the Bond Pool stronger. Councilman Alongi asked if the Bank held a grant deed or deed of trust on the Stadium. Mr. Gunn stated that they did. Councilman Alongi confirmed that they held the DMV Fees as security. Mr. Gunn stated that they have both. Councilman Alongi asked if the Bank can exercise both rights and keep the Stadium as well as the DMV Fees. Mr. Gunn stated that the Bank of Sumitomo stated that if the City did not pay the Bond fees that they would take the DMV Fees but did not make comment regarding the Stadium. Councilman Alongi stated that the reason they did not comment on the Stadium is because they hold a Grant Deed and they can do one or the other but not both. He noted that the Bank of Sumitomo could take our DMV Fees and the City could still sell the Stadium. Mr. Gunn stated that he felt that PAGE TWELVE - CITY COUNCIL MINUTES - JANUARY 14, 1997 City Attorney Harper should address this, since the DMV Fees would not fully satisfy the debt. City Attorney Harper noted that the only way that the City could market the Stadium is with the agreement of the Bank of Sumitomo. Councilman Alongi clarified that they could not exercise both rights. City Attorney Harper stated that Councilman Alongi was correct, but the City could not market the Stadium without agreement from the Bank. Councilman Alongi stated again that they can only have one or the other. City Attorney Harper stated that Councilman Alongi is not correct. He noted that the Bank of Sumitomo has security which exceeds the amount of the debt. He explained that the security is the sum of the DMV Fees and the real property and just because the City makes the payment through another source doesn't mean that they release the rights to the Stadium so the City could sell it, since that was the whole purpose of the Bank requiring a condition on the loan, that they held both. City Attorney Harper explained that this financing will get rid of that trust deed and then the Stadium will be free and clear. Councilman Alongi stated that he has had several people read the agreement with the Bank of Sumitomo and it does not even allude to the fact that if the Bank decides to take the DMV Fees that they take the Stadium as well. He noted that the City does have to make up the difference, but this will not include the Stadium. He further noted that if it can be shown to him where it states that the bank has both then he will be better able to understand the statements. City Attorney Harper stated that Councilman Alongi misunderstand him and explained that if the DMV Fees were $10,000,000 in one year then Councilman Alongi would be right, but they are not therefore the bank does retain a hold on the Stadium. He further explained that it means that the City cannot sell the Stadium unless the bank tells us we can and if the City stopped making the bond payments, the Sate will intercept the DMV Fees and pass that money to the trustee which is the bank. Councilman Alongi stated that Mr. Gunn is the expert being paid for by the City and information was released to the newspaper which stated the amount of the bond would be $13,055,000 and then he met with the Finance Director this morning,,and the amount is $14,600,000. He questioned who reviewed the document and missed the typographical error. He further stated that he does not know who or what to believe anymore and questioned the actual figures. He stressed that the community is paying large dollars to get out of this mess and yet it seems that we are getting further into the mess. Councilman Alongi stated that the City needs to trim its budget by whatever means it takes to make the bond payment, since he doesn't like to gamble on the future. He explained that the City cannot depend on future development and noted that the City must make hard decisions such as reducing the amount of City employees if needed. Councilwoman Brinley stated that this has nothing to do with the employees, but rather that Council needs to be responsible and listen to the expert and meet the obligations to save the City. She stated that the City could cut staff and we would still loose the Stadium and the DMV Fees and still have a City going nowhere quickly. Councilman Metze asked when the Sumitomo loan is due. Mr. Gunn stated that the current loan is self-amortized. Councilman Metze stressed that the City must take action. Councilman Alongi stated that he does agree that the PAGE THIRTEEN - CITY COUNCIL MINUTES - JANUARY 14, 1997 City must refinance, but he feels that the City should refinance the $10,000,000 and make cuts for the rest. He noted that if the tax dollars start to come in then the City can look forward and do other refinancing. He stated that he will not take part in putting the Community four and one -half million dollars further in debt. City Manager Molendyk stated that Council has had Study Sessions and gone over the entire issue and he does not understand the comments that some of the Council make in a public meeting. He explained that the staff and Council have been through this and Council has indicated their full support to move into the refinancing because there isn't enough money to make sufficient cuts without getting into main Public Safety Services and it was the full Council's decision to move into the refinancing because we felt that we were bare boned and it was in the best interests of the community to protect services. City Manager Molendyk stated that he wanted the community to understand what is being proposed in letting Sumitomo take the DMV Fees and paying the difference will result in cutting major public safety if that course of action is taken. He further stated that the same people are going to gripe about everything. He explained that the $900,000, which is from the DMV goes into the General Fund and provides services and if the City were to default or to utilize that $900,000 in some other manner it will be $900,000 in additional service cuts. He noted that after some of the debt the City has, as well as the $336,000 the tax assessor took away from the City an additional $1,000,000 would have a major impact on services. City Manager Molendyk stated that what he doesn't understand is that the Council has had Study Sessions; they have reached this point with Mr. Gunn; and they had agreed that this was in the best interests of the community. He asked why Us discussion was occurring now. Mayor Pape concurred with City Manager Molendyk and stated his dislike for political grandstanding. He noted that this action is similar to a couple who buy a house and then the recession occurs and one of the couple loose their job and now the house sits empty because the couple lost the house due to their loss in income. He explained that the City now finds itself in a similar situation because of a greatly reduced income due to the reevaluation of property taxes and reduced income from the State due to economic factors. Mayor Pape stressed that this action is giving the City three years to recover from our current economic situation and the payments will be the same as it is now. He stressed that this is a sensible option which our expert has suggested and gives us the opportunity to recover. Mr. Gunn commented on the $4,000,000 increase and indicated that there is interest due and owing on the bonds and that must be paid and this is being absorbed by the new bond. He explained that there are three major components to this issue which are the interest due; the reserve payment for the last payment; and the payment of interest for three years as well as the cost of issuance of the bonds. He stressed that half of it is reserve funds and the rest is funds due. PAGE FOURTEEN - CITY COUNCIL MINUTES JANUARY 14, 1997 Councilman Metze questioned the reduced interest and its impact on the over all debt. Mr. Gunn stated that it would not over the period of time set and will remain roughly equal. He clarified the fact that the bond is for 35 years. Councilman Alongi expressed appreciation for Mr. Gunn's efforts, but does not agree with this type of financing. Mr. Gunn stated that he felt that this was something that this City Council would not even consider if they were to start from scratch today, however this is not the case and the Council does have $10,000,000 debt that the City cannot afford and now Council is trying to work it out. MOVED BY BRINLEY, SECONDED BY PAPE TO APPROVE THE FINAL OFFICIAL STATEMENT FOR THE LAKE ELSINORE RECREATION AUTHORITY SALE OF $141610,000 IN REVENUE BONDS. Councilman Metze compared this to a home purchase. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. PUBLIC COMMENTS - NON - AGENDIZED ITEMS John Seepe, 15631 Half Moon, noted the pins and business cards with sail boats on the City seal. He also noted the Press Enterprise had an article regarding water quality and funds from the State. He commented that Lake use fees would be discussed in the near future and stressed the importance of addressing them. He detailed the current rates and noted the impact on canoes. He indicated that the payment at another local lake is only $15 for an annual permit. Mariana Mohylyn, 305 W. Sumner, commented on the plight of the homeless in this season. She also commented on the Lake and indicated that what is happening is a change of title, and the residents will be tied to the payments. She questioned the morals demonstrated for the young people. Edith Stafford, commented on the expert advisors, and indicated that the Council may need to believe them, but she does not. She addressed Councilman Metze and indicated if she decides to mortgage house, that is her decision, but in this case the Council is making that decision for her, and it is not a cut and dry situation. She questioned why points were not brought out, and indicated that the information at the Study Session was presented on the blind side off camera, because the Council doesn't want the general public to know about more bond issues. She indicated that an expert will say anything he is paid to say. She addressed the City Manager and indicated if he was managing properly and not being bombarded by the Council, the City would not be in the mess it is in. She indicated that he is driven by what the City Council wants him to do, but he is allowing them to run the City. CITY MANAGER COMMENTS No Comments. PAGE FIFTEEN - CITY COUNCIL MINUTES - JANUARY 14, 1997 CITY COUNCIL COMMENTS Mayor Pro Tem. Kelley commented on the following: 1) Thanked the Scout Troop for displaying the colors. She noted that they are working on their Citizenship badge and will be looking at the budget. She commended the group on their efforts. 2) Noted the Carl Love column interviewing new residents, and clarified that a cut in police services has not been considered, as police services are a top priority for the City. Councilman Alongi commented on the following: 1) Noted the letter from Lakeview Inn, and indicated that it is not the City's fault that the Rodeo was lost. He indicated that City staff could have done a great job with it, but stressed that no one can count on one entity to keep a business afloat. 2) Noted a problem with the traffic light at Lakeshore /Chaney and indicated that there was a problem with the equipment and staff is working to get that corrected. 3) Noted an official petition regarding a grand jury investigation, indicated that he knows nothing about it, and encouraged people not to call him about it. 4) Expressed apologies to Chamber of Commerce and Save the Lake Committee. He noted that they have spent a lot of time promoting the Lake, and were not asked to participate in an important meeting with Assemblyman Thompson. He noted that it would have been nice to hear from those groups, and apologized that they were not included. 5) Addressed a Library Meeting in Temecula and noted his understanding and recognition of his responsibility to the Community. He noted that no one from the Council was at that meeting with Murrieta and Temecula. He indicated that it was very interesting to hear what those residents had to say about Lake Elsinore. He noted that the other Councilmembers were not at that meeting, but question his ability to serve the community. 6) Announced that his January 30th program will start with an EVMWD representative discussing reclaimed water for two or three segments, with the last including call-ins. He reminded the community of his program on January 30 at 7 p.m on Channel 3 7) Addressed the Mayor's comments on the FPPC, and indicated that he takes comments out of context. He stressed that as a citizen the system exists for due process, and until he reaches the end of the process, PAGE SIXTEEN - CITY COUNCIL MINUTES - JANUARY 14, 1997 there is no final decision. He indicated that the Mayor was out of line mentioning those things at the table, and stressed the time spent on the RCHCA committee obtaining information. He indicated that he was not primarily there for the City, but as part of a team with the other cities, trying to create a program to benefit all of the cities. He suggested that the Mayor will need to talk to an attorney soon. 8) Noted a memo that recently reminded him of the use of a city vehicle, and indicated that it was now appropriate to reimburse the City for its use. He indicated that it is still city business, and there was never a statement that he misused or abused that use. He stressed that he would do so again to do something for the community. He commented that he wished the Mayor was as aggressive in collecting the $18,000 owed by former Mayor Washburn, and questioned where the Mayor was then. He commented that this is harassment and he is willing to take this to the highest level. He further commented that the Mayor is a back stabber and he does not know how to put a team together. He suggested that action be delayed until he goes through the whole process. 9) Extended sympathies to Captain Walsh on the loss of the two deputies, and noted the tragedy of violence in the communities today. He indicated that it is a shame that we cannot do our jobs without fear of those things happening. He stressed that the weapon was a killing weapon, and not for sports; and commented that they have a right to have a weapon for hunting but not that type of weapon. He indicated that he understands the feelings that never go away, and nothing will ever replace the emptiness. He noted that he will comment on the Press Enterprise on his program and further noted that he knew one of the officers. . Councilwoman Brinley commented on the following: 1) Expressed congratulations to Tom Thomas and the newly installed Chamber of Commerce Board of Directors, on their installation. She indicated that it was a nice event and Tammy Fruin did a fantastic job of decorating the room. She expressed hopes that with Mr. Thomas as president there would be a means to find a long and working relationship between the City and the Board. 2) Noted Mr. Seepe's comments regarding the Press Enterprise, and stressed the impact of an 820 square mile watershed area on the Lake. She noted that until the problems are solved upstream, the Lake problems can't be completely solved. She noted the political nature of this discussion due to the other entities and their impacts on the situation. She stressed the contributing factors and expressed hope that the committee would have input on the Lake in the future. 3) Thanked the Boy Scouts for their participation at this meeting, and PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 14, 1997 encouraged their efforts to learn about the community and their civic duties. 4) Extended sympathies to the families and friends of the slain officers, and sent thoughts and prayers to them all. She requested that Chief Walsh extend the sympathies of the Council. She expressed support for law enforcement officers on a job well done. 5) Noted that no one likes to rehash things, but there comes a time when it must be done. She indicated that when someone helps a community, they don't have to tell people about it, and everyone needs help at times. She noted the last show by Councilman Alongi and indicated that it would be nice not to have their problems spread over T.V. She indicated that Mr. Alongi distorts issues and stressed the intricacy of information on bonds. She noted that Councilman Alongi participated in the meetings and agreed with what needed to be done and the difficult position of the City; but then took the political way out and voted against the program. She stressed that the Council has taken the initiative and the lead with cutbacks and facing more cutbacks to balance the budget. She stressed that they are trying to make a good faith effort and are being attacked on their integrity. She noted that Mayor Pro Tem. Kelley has attended library meetings for over two years; and she personally has attended for over a year to search for funding. She questioned where Mr. Alongi has been for the last two years on this issue, and suggested that it was no big deal that he attended one meeting. She noted that it was the same with the Kids on Track Program; and suggested if he made a profit it could have been used for that program. She noted comments by the Judge that Mr. Alongi made money, and noted that it was not donated to this type of cause. She noted that everybody expects the Council to be professional and not respond to Mr. Alongi, but explained that when your integrity starts to be impacted, it is important to speak up. She indicated that she will not allow Mr. Alongi to cast aspersions on her integrity. Councilman Metze commented on the following: 1) Congratulated the staff on the financial report for 1994 -95, which received an award for Outstanding Financial Reporting. 2) Addressed Edith Stafford and indicated that City Manager Molendyk works for the City Council and he will carry out their actions, and he has no choice. He stressed that the City Manager and the City Attorney work directly for the Council. He noted past comments at a public hearing when Council was making decisions, and Mr. Molendyk indicated that he was not being left with money to run the Stadium. He stressed that the Council made the decision to proceed anyway, and it is not appropriate to blame the City Manager. 3) Addressed Councilman Alongi's show and comments regarding the PAGE EIGHTEEN - CITY COUNCIL MINUTES - JANUARY 14, 1997 parks. He explained that Councilman Alongi stated tthat the maintenance costs for the parks is $80,000 a year. He noted that Swick Matich runs $48,000 a year to maintain; $80,600 to do McVicker Park; and $64,000 a year for Terra Cotta Park. He indicated that Mr. Alongi was leading the public to believe it is possible to close one park and maintain all of the others for that price. He expressed sympathy for not Seniors receiving breaks on their CR & R bills. He indicated that the Senior Center is now supported wholly by C.D.B.G. funds. He stressed that Councilman Alongi did everything possible to cut the funding to the Senior Center. He stressed that people need to be aware of what is politically correct at the time. He noted situations when the citizens have come out in force and asked Council not to approve specific projects and the Council on 4 to 1 votes gave the residents what they wanted. He noted the USA Project and the level of opposition and the Council vote. He questioned how anyone can say the Council does not care. He stressed the need to know where Mr. Alongi is coming from. He stressed that the F.P.P.C. found Mr. Alongi in violation, the judge found him in violation; and whether he appeals or not he was found in violation. He questioned where it would stop; and whether this was the person the community wanted representing them. He emphasized that the residents should keep in mind that Mr. Alongi is the only person who could ever profit from a decision made at the Council table. Mayor Pape commented on the following: 1) Wished City Manager Molendyk a Happy Birthday. 2) Congratulated the new Chamber Board, and noted that it was a very enjoyable event with a very positive group of people. 3) Expressed special thanks to Assemblyman Thompson, and noted that he met with him in November to brainstorm solutions on water quality, and at that time volunteered to chair a meeting in town with various resources. He expressed appreciation for those efforts. He explained that the Assemblyman will put together a blue ribbon panel to review reports and studies and make specific recommendations on what to do to fix the Lake. He stressed the interest in raising funds to have a long term solution to the water quality problem in the Lake. 4) Reminded the community that if they blow leaves in the street they run in the gutter and then into the Lake, and stressed the importance of putting green materials in the green container and to never dump oil in the gutter. 5) Noted that he met with representatives of the Wildomar MAC and it was a very positive meeting; and they found some common ground and they will meet again next month. He stressed the need to tear down the walls which have been built with misinformation. PAGE NINETEEN - CITY COUNCIL MINUTES - JANUARY 14, 1997 6) Addressed a letter to the Editor in the Californian with regard to Lake Elsinore. He noted comments discussed with the Wildomar MAC and stressed that the Code Enforcement and Building Standards are more stringent in the City than in the County areas. 7) Commented on the traffic signal at Dexter/Highway 74; and noted a letter from the Department of Transportation, they have taken action as well on an interim solution. He noted that they are making pavement widening and striping improvements to alleviate some of the delay to be completed this month. He acknowledged the large amount of correspondence on the situation. He noted that he and Mrs. Kelley would be meeting Supervisor Buster tomorrow and will discuss this matter with him. 8) Noted attempts to correct misinformation and misunderstanding; and explained the upcoming survey to determine what is important to the residents and what they are willing to pay for, and what services they want. He noted efforts to put together a committee of residents and business people to meet and receive the information and discuss alternate recommendations for more citizen input. 9) Noted misinformation being put out over the airways about Paradise Chevrolet coming to town. He stressed that they were not given favoritism or shown special treatment in the process. He also noted a letter written over his signature to GFI and stressed that. there was support for this activity at the Council Meeting on December 19th. He noted that Councilman Alongi either intended to mislZad with his comments or he did not know what he was voting on. He irdicat•; that with regard to the City car memo, it was sent after a discussion with the City Attorney. Mr. Harper clarified that if Mr. Alongi was not found to have a conflict it was City business, but if there was a conflict that would not be the case. Mr. Harper also confirmed that Councilman Alongi was correct that he was entitled to go through the appellate process before being found guilty. City Attorney Harper noted for the press that he was disappointed in the comments by the City Treasurer which implied that his fee was $400,000, as Mr. Knapp knows that this is not the case. He indicated that he has been with the City since 1984 with only one increase in hourly fees. He noted that he felt because of economics it was inappropriate to raise fees. He noted that right now he charges the lowest hourly rate in Riverside County. He explained that the $400,000 includes all costs of issuance, but his fee is about 2.5% of the 2.5 %. He noted that he would expect an apology as early as tomorrow. CLOSED SESSION a. Joint Closed Session with the Redevelopment Agency - Pending Litigation - Lake Elsinore Associates - Case No. 200767. b. Pending Litigation - Spectrum Group. PAGE TWENTY - CITY COUNCIL MINUTES - JANUARY 14, 1997 THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9: 26 P.M. TO DISCUSS THE ABOVE MENTIONED ITEMS. THE CITY COUNCIL MEETING RECONVENED AT 9:50 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:51 P.M. GU� VIN W. PA E MAYOR CITY OF LAKE ELSINORE ATTEST: C SE3D, CITY CLERK CITY OF LIKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 28, 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:03 p.m. PLEDGE OF ALLEGIANCE 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, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Assistant to the City Manager Best, Police Chief Walsh, Fire Chief Seabert, City Engineer O 'Donnell, Public Works Manager Payne and City Clerk Kasad. PRESENTATIONS a. Presentation - Report by Chamber of Commerce. (F:108.4) Mayor Pape noted that this is the first of a monthly update report to be provided by the Chamber of Commerce. Tom Thomas, Newly- Elected President, Chamber of Commerce, commented on the Chamber realization that there is a need to work on communication with the Council and the public at large. He noted that the Chamber works for the entire community and not just the business committee. He noted upcoming events, ongoing activities and projects. He detailed the Student of the Month Luncheon Program which was held this date. He explained that it is intended to recognize the outstanding students from Elsinore High School, Temescal Canyon High School and Ortega High School, and highlight their talents. He detailed the sponsorship of this program and noted City Council participation in the monthly event. He indicated that the Chamber is implementing a logging system to determine who calls the Chamber and why; with classifications such as tourism, business, school information, local PAGE TWO - CITY COUNCIL MINUTES - JANUARY 28, 1997 government information, etc. He advised that they will also be letting each Chamber member know on a monthly basis who the Chamber referred to their business. He announced upcoming events as follow: February 13, 1997 - Noon - Monthly EDC Lunch at Guadalajara Restaurant; February 15 - March 31 - extensive Membership Drive; February 21 and 22 - Golf Tournament in Laughlin; April 1 - Annual Chamber Meeting to discuss Goals and obtain input; April 5 - Casino Night at the Military Academy; and May 24 - Mini Grand Prix - Downtown with a carnival. He stressed the Chamber's interest in improving communications with the City. He also announced that the next Chamber Mixer will be the third Ib4sday`in February at 6 p.m. at the Diamond Sports Bar on Mission Trail. b. Presentation - Report by Eastern Municipal Water District onoReach IV Reclaimed Water Line ff :164.1) Larry Lobue, representing Eastern Municipal Water District, noted that he came to Council in Summer of 1,995 to discuss this project; and they would now like to provide an update on the project. He advised that they have just let the contract for the next Phase of the project, starting at Railroad Canyon and running to Collier Avenue. He further advised that the contract price is $5.8 million and pipe should be delivered in Mid February. He detailed the proposed progression of work on the project and offered to answer, questions from Council. City Manager Molendyk noted that it is a reclaimed water line and questioned the size and purpose of the lines. Mr. Lobue explained that the project consists of a reclaimed waterline and a non - reclaimable: water line. He further explained that the reclaimable line is 54" in diameter and will discharge in the creek and ultimately further on. Mayor Pape questioned if this would cause flooding in the Gunnerson area. Mr. Lobue indicated that the ultimate discharge location has not been determined. City Manager Molendyk noted that a draft agreement is being negotiated between Eastern Municipal Water District/Elsinore Valley Municipal Water District and the City which will ultimately come to the Council for approval. PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5, 6, 7, 8, % 10 and 11. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE THREE - CITY COUNCIL MINUTES - JANUARY 28, 1997 1. The following Minutes were approved: a. City Council Study Session - January 7, 1997. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting -December 4, 1996. (F:60.3) C. Planning Commission Meeting - December 18, 1996. d. Planning Commission Meeting - January 1, 1997. e. Design Review Committee Meeting - December 4, 1997. (F:60.4) f. Special Design Review Committee Meeting - December 18, 1996. g. Design Review Committee Meeting - December 18, 1996. h. Design Review Committee Meeting - January 1, 1997. 2. Ratified Warrant List of January 15, 1997. (F:12.3) 3. Rejected and referred to Claims Administrator the Claim Against the City submitted on behalf of Frank C. Tecca (CL #97 -1) (F:52.2) BUSINESS ITEMS 31. with First Financial Group. Inc. (F:68. 1)(X: 150.2) MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1024 UPON SECOND READING BY TITLE ONLY. Councilman Alongi noted a letter from TMC and questioned whether they would be selling the property to ECB: City Attorney Harper indicated that there may or may not ultimately be a deal; and there is not one at this time. Councilman Alongi noted that this was his concern during the Study Session discussion. He noted that this agreement was with Mr. Shine, but if he is going to sell the property, he would have liked a different arrangement. Mr. Harper clarified that this agreement is not readily assignable and there is no assurance that it will be sold. Councilman Alongi questioned if he supports this agreement, and if the property sells, whether the Council will have an opportunity to discuss the agreement again. City Attorney Harper clarified the existing development agreement and the requirement to reopen discussion. Mayor Pro Tern Kelley noted that this is second reading and her concerns from the first discussion are still of concern; therefore she will again vote PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 28, 1997 against the Ordinance. . UPON THE FOLLOWING ROLL CALL VOTE: ORDINANCE NO. 1024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT WITH FIRST FINANCIAL GROUP, INC. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, METZE, PAPE NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1025 - Regarding Nuisance Abatement Costs.(F:32.4) MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1025 UPON SECOND READING BY TITLE ONLY. UPON THE FOLLOWING ROLL CALL VOTE: ORDINANCE NO. 1025 AN ORDINANCE OF -THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING SECTION 8.18.090 OF THE LAKE ELSINORE MUNICIPAL CODE CONCERNING NUISANCE ABATEMENT COSTS. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE NONE NONE Councilman Alongi questioned whether the $100 cost had been removed. City Manager Molendyk confirmed. PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 28, 1997 33. Lake Elsinore Valley Chamber of Commerce Facility Use Agreement. (F:68.1)(X:108.4) City Manager Molendyk explained this item and the services to be provided by the Chamber in exchange for the assistance. He further explained that they are requesting continued free rent in lieu of the services provided to the City for a two year period. He noted an additional handout presented tonight detailing the goals of the new board. Councilman Alongi noted the history behind this item, and indicated that the City has been very gracious to the Chamber of Commerce in maintaining the building for them. He indicated that the City should help everyone in the Community, and not just one organization. He detailed the maintenance costs for the building and stressed the amount of assistance previously provided to the Chamber. He suggested that the City's current budgetary situation should be a factor in the Chamber consideration. He questioned the implication that if they did not receive the $300 waiver the wouldn't provide the services. He indicated that the building was restored with a museum or historical society in mind. He indicated that with regard to updated City Map, that is up to the Chamber as to whether they provide it; but noted that it is a way to advertise for its members. He father indicated that it is not fair to use taxpayer dollars to benefit a few, as the community does not benefit from the waiver of the $300 and the continued maintenance. Mayor Pro Tem Kelley noted that she feels it does benefit the entire community when the businesses are healthy. She noted the people brought into town with events such as the Grand Prix; and indicated that the assistance with the Historical Society benefits all. Councilwoman Brinley noted that most cities support the Chamber in some way; to work together to make a better community. She commented that the new Board of Directors will allow for loud and clear communication. She indicated that she is very pleased with the presentation to be provided to Council monthly. Councilman Metze concurred and indicated that he feels the City gets more than the $3,600 worth of services. He stressed their efforts to give the City a more positive image, and indicated that there is no way to put a price tag on it. He commented that he would be open to a two year contract with a two year continuance clause. Councilwoman Brinley further noted that the Agreement will help to promote better understanding between the City, the Chamber and the Community. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE THE AGREEMENT AS PRESENTED. Mayor Pape commented that the public does not have the packet in front of PAGE SIX - CITY COUNCIL MINUTES -JANUARY 28, 1997 them, but noted the long list of efforts by the Chamber to assist the City and the local residents. He detailed some of the key services to be provided and stressed the cost of providing those services. He stressed the efforts to market the community as a tourist/recreation site, and assist with marketing the City at Boat Shows. He noted that the Historical Society is very new and doing a good job, but it would not be practical to try and charge them a fee even though they are taking up a portion.of the building. He concurred that this is a worthwhile investment. Councilman Alongi noted that there are thousands of dollars spent on tourism efforts already; and while he doesn't disagree that the Chamber has a function, if the City was in a position to assist other organizations, then his attitude would be different. He indicated that when the Chamber receives assistance -and smaller groups do not, it is not a fair arrangement: He further indicated that if the Chamber was just starting out he would agree with the assistance, but noted that they have 250 members. He stressed that the City pays to maintain the building, and that does not benefit someone who is out of work or unemployed. He also noted that residents don't benefit from the businesses in the County and suggested that it would be interesting to see how many County businesses are part of the Chamber and have the County pay an appropriate share of the assistance. Councilman Metze noted that the cost to Chamber would need to be passed partially on to the Historical Society. Councilman Alongi stressed that the main room was built for displaying relics and historical items of the community. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 34. Appointment to the E.V.M.W.D. Task Force.(F:164.2)(X:44.1)- Mayor Pape noted the 'appointments at the last meeting. Mayor Pro Tem Kelley announced her appointment of Mr. John Gonzales, a biology teacher at Temescal Canyon High School, to the E.V.M.W.D. Task Force. Mayor Pape noted that Mr. Gonzales would be a good addition to the group. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Stop Sign Controlled Intersection - Baum/Strickland Avenues - Resolution No. 97 -1. (F:162.4) Councilman Alongi reported on items 4 and 5 jointly. He expressed appreciation for the fast work by staff on both of these stop signs, particularly the one at Lake and High Streets. He noted that the work was done in -about 3 weeks. PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 28,1997 MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-1. RESOLUTION NO. 97-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. (BAUM/STRICKLAND AVENUES) 5. Stop Sign Controlled Intersection - Lake/High Streets - Resolution No. 97 -2. (F:162.4) MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-2. RESOLUTION NO. 97-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. (LAKE/HIGH STREETS) 6. Drug Free Zone - Pilot Project around Elsinore Elementary School - Resolution No. 97 -3. (F: 127.2)(X: 142.1) City Manager Molendyk explained this item and noted prior discussions of this program, which came out of the Safe Streets Program. He indicated that it is supported by the District Attorney's office, and allows for no plea bargaining of those violating the Drug Free Zone. He explained that it is intended to send a clear message that there will be no drug activities within 1,000 feet of the School and the District Attorney will allow no breaks for violators. He noted that he has received questions as to why this program is not implemented at all of the elementary schools, but he has been told that it is limited to one school at a time. Councilman Alongi indicated that this is a good program, but he does not see a difference between in front of a school and 5 blocks away. He stressed the problem of drugs within the community, but questioned the reality of this limitation. Police Chief Walsh commented that any sale of drugs to children is generally not plea bargained. He explained that this zone regulates drugs and alcohol whether someone is using, selling or possessing them within 1,000 feet of the school. He noted that the reason the program cannot be expanded is the slim staffing available for the District Attorney's office. He further noted that this zone will guarantee full District Attorney prosecution. He stressed the limited personnel available to provide this level of service, and the need to allow for plea bargaining in general. He advised that District Attorney concurrence is required prior to implementing a zone of this type. Councilman Alongi questioned the viability of the program. City Attorney Harper clarified that there are two parts to this program as authorized by statute. One being PAGE EIGHT - CITY COUNCIL MINUTES JANUARY 28, 1997 penalty enhancements for activities within the zone, and the other the clause for no plea bargaining. He noted that everyone would like to see a Drug Free Zone at the City limits, but this is a first step in a positive process. He noted that the Police Department has determined that Elsinore Elementary is a top priority for the program. Mayor Pro Tem Kelley noted that this is a pilot project and only the first step. She concurred that it was unfortunate the program could not be initiated at every school, but noted that may eventually occur. She commented that children seem to be a target for trafficking of drugs. Chief Walsh noted that the District Attorney sees this program cleaning up one area at a time and it could eventually be moved to other areas. He fiuther noted that Drug Free Zones are only allowed around schools, parks or day care centers, pursuant to the legislation. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-3. RESOLUTION NO. 97-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A. "DRUG FREE ZONE" PILOT PROJECT ENCOMPASSING ELSINORE ELEMENTARY SCHOOL. 7. EVMWD Property Transfer (LEMA) - Resolution No. 97 -4. (F:68.1)(X164.2) Councilwoman Brinley requested that Mr. Molendyk explain what is occurring on this item. City Manager Molendyk noted the Lake Stabilization program and the provision of improvements; and explained the transfer of property as part of the agreement to Fill and Operate the Lake. He explained that through the efforts of the Water District the work is now completed and ready for transfer of the land. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-4. RESOLUTION NO. 97-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING AMENDMENT NO. 1 TO CONTRACT NUMBER 5- 07- 30 -WO103 BETWEEN THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION AND THE CITY OF LAKE ELSINORE. 8. Remedial Design Work for Caltrans Local Seismic Retrofit Prog[am Work on the Casino Drive Bridge at San Jacinto River. (F:156.2) PAGE NINE - CITY COUNCIL MINUTES - JANUARY 28, 1997 Councilman Alongi pulled this item because he felt the Bridge was built to all seismic requirements; and noted statements to that effect on Visions and Views. City Manager Molendyk clarified that this is not looking at the Lakeshore Bridge, but the one on Casino Drive. City Engineer O'Donnell confirmed that the comments on Visions and Views were regarding the Lakeshore Bridge, but this work is required by Caltrans on many bridges following the San Francisco earthquake. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROPRIATE $6,990 FROM MEASURE A FUNDS FOR ENGINEERING OF REMEDIAL WORK FOR THE CASINO DRIVE BRIDGE AT SAN JACINTO RIVER; AND AUTHORIZED THE CITY ENGINEER TO HIRE MCLEAN & SCHULTZ TO PREPARE PLANS AND SPECIFICATIONS FOR REMEDIAL WORK FOR THE CASINO DRIVE BRIDGE. 9. Custodial Maintenance Contract - American Buildine Maintenance.(F:68.1)(X:50.1) Councilman Alongi noted that he reviewed the requirements for the contract, and he has a problem with the bids. He expressed concern that the charge for the Chamber building went from $438 a month to $92 a month. He noted the extreme difference in the bids and expressed concern with the Stadium portion as well. He indicated that he would like to have confirmation from the contractors that there was no mistake in their bids. He noted the extensive list of daily, weekly and monthly tasks, and further questioned the bid. He suggested that the Council obtain confirmation of the bids to assure that they can provide the service for the quoted costs. Community Services Director Sapp indicated that staff can go back and check; however it was a requirement that all contractors visit the buildings and evaluate before submitting bids. Councilman Alongi stressed that this bid was well below the standard service cost, and he doesn't want the City to get into another agreement that ends in a lawsuit. He stressed that he would like to hold the document for confirmation. Mr. Sapp noted that this contractor has references from three other cities, but if the Council desires staff can review the bids further. Mayor Pape noted that this contractor has done the work for the last few months, is familiar with the buildings and staff has not had any problems with their service. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT BID SUBMITTED BY AMERICAN BUILDING MAINTENANCE AND AWARD A ONE -YEAR CONTRACT, RENEWABLE UP TO THREE YEARS. 10. Deed Acceptance - McVicker Canyon Park.(F:132.1)(X:114.12 PAGE TEN - CITY COUNCIL MINUTES- JANUARY. 28, 1997 Councilman Alongi noted that there is much information on this item, and he would like to see the Council sit down and review it. He indicated;that there is no information on the money and where it is. He questioned the DAG fees, proceeds, etc.; and indicated that he would like to review the entire background of the park. He stressed that this is contemplating reimbursing $3 million, and while the developer may be entitled to the money, he would like to see a more thorough breakdown. -He questioned the urgency of acting on this item. Administrative Services Director Boone indicated that it has already been put off for nearly six month. Mayor Pape indicated that he read the package and discussed; it with;staff, and it seems to make sense. He noted that Mr. Boone has met with the developer for last six months to verify costs and they have asked for a payment. He detailed the funds to be used and stressed the development agreement with Centex, which required them to build and dedicate` the parks. He detailed the distribution of DAG fees and the CID bond issuances: -City Manager Molendyk pointed out that when the Community Facilities District was established, it put together seven developers to provide public facilities and eliminate drainage; problems; and stressed that according..to the agreement they have this money coming. City Manager Molendyk noted that Summerlake Park and Oak Tree Park are also a part of this agreement. He fiuther noted that the community benefited from these projects, and the Council requirement that the developer provide turn key facilities early in the project. He stressed that this repayment is part of the contractual agreement. Councilman Alongi inquired whether Centex is currently paying DAG fees. Mr. Boone, indicated that Centex, Tava Homes and 888 Development are currently paying DAG fees. Councilman Alongi questioned the 75 % loan. Mr. Boone explained that in 1994 the Council agreed to loan up to 75 % of the DAG fees to get the park started. MOVED BY BRINLEY,' SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO TRANSFER DAG FEES IN THE AMOUNT OF $288,000 TO THE PARK FUND; ACKNOWLEDGE THE NET COSTS DUE CENTEX OF $3,112,052; AUTHORIZE THE PAYMENT TO CENTEX IN THE AMOUNT OF $1,403;000.00; ACCEPT THE DEED FOR RECORDING AS PRESENTED BY CENTEX; AND AUTHORIZE THE MAYOR TO EXECUTE THE REIMBURSEMENT AGREEMENT. 11. Set Public Hearing Date of February 11, 1997, for the following: a. Zone Code Amendment 9742 - City of Lake Elsinore. (F:1722) The City is requesting approval of Zone Code Amendment 97 -2 which will amend Chapter 17.98 of the Zoning Ordinance (Temporary PAGE ELEVEN - CITY COUNCIL MINUTES - JANUARY 28, 1997 Outdoor Activities) to provide for more clarification in terms of the type of uses allowed and the duration of these uses as part of the temporary outdoor activity permit process. Councilman Alongi noted that it would be nice to know what the amendment is prior to setting the public hearing. Mayor Pape noted that it is a previously discussed matter. Community Development Director Leslie explained that the hearing is to consider an amendment with regard to temporary uses. He indicated that the Amendment will come with a full staff report, but it is two fold. First it will clean up conflicting sections in the Code and second it will address temporary uses such as strawberry stands, allowing for more than thirty days of operation. Councilman Alongi indicated that he understands that, but still doesn't know what they will be considering. He suggested switching them over to a major event to allow continued operation. Mr. Leslie stressed that none of those uses allowed for more than 30 days of operation. He noted that there will be a full report to the Planning Commission and the same will be brought to the Council based on the direction from the Planning Commission. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PUBLIC HEARING DATE OF FEBRUARY 11, 19979 FOR THE ABOVE LISTED ITEM. THE CITY COUNCIL MEETING WAS RECESSED AT 8:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:08 P.M. PUBLIC COMMENTS - NON- AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, indicated that she wasn't going to speak until after she could say "I told you so ", but the last meeting was such a disgusting display of rudeness and character assassination she felt it necessary to speak. She noted specific comments by the Council and addressed Councilwoman Brinley with regard to her interruptions of Councilman Alongi. She indicated that in her opinion, Mr. Metze had no room to talk based on comments of another Councilmember with regard to USA Properties; and indicated that Council failed to tell the public that the City was in negotiations with USA Properties. She quoted the newspaper and questioned the possibility of back room discussions. She noted comments at the F.P.P.C. hearing about a separate bond counsel and suggested that residents serve on the Recreation Authority. Ace Vallejos, 15231 Cobre, noted the LAFCO hearing on January 23rd, and explained that LAFCO wants increased communication. He announced an upcoming meeting on January 30th and requested CounciPs presence to start trading dialog. He noted that issues such as the Drug Free Zone are important to both areas and suggested that the exchange of information be established. She stressed the PAGE TWELVE -- CITY COUNCIL MINUTES - JANUARY 28,1997 importance of finding common ground for discussion. CITY MANAGER COMMENTS City Manager Molendyk noted that with the passage of Proposition 218, work is underway to review financial strategies. He advised that a citizens committee is being formed and met this date. He detailed the composition of the Committee and the future scheduled meetings intended to culminate with a report by the group on February 25th. CITY COUNCIL COMMENTS Mayor Pape requested input from the City Attorney on USA properties. City Attorney Harper stated that there is a separate Bond Counsel which is Jones, Hall, Hill and White and they charge a single fee for their services and it is not done by his firm. Councilman Alongi asked if City Attorney was Co -Bond Counsel. City Attorney Harper stated that he was. City Attorney Harper gave a brief history of the project and stated that what was heard by the Planning Commission and the City Council was not an approval - of the project, but rather Design Review for USA Properties and noted that the General Plan and zoning was appropriate for the use. He f rther noted that the prior Council had previously approved a General Plan Amendment and Zone Change to those densities. He explained that there was a prior project approved on that site which was not low to moderate income housing, but contained higher density. He further explained that with that background the local residents were opposed to the project as well as the majority of Council who had reservations about the general locations for multi - family housing in the community which includes that site location. City Attorney Harper noted that unfortunately, faced with the first two things discussed, it made Council's job a little more difficult; they were faced with a developer who had a "take it or leave.it" approach up to and through the public hearing process. He explained that after the law suit was filed it was found that the developer had already invested approximately $1,000,000 in the project through design work and acquisition of the property, and in addition was faced with another possible cost of $200,000 when their loan commitment was withdrawn. City Attorney Harper noted a portion of the statute which provides the burden against which the City was struggling. He stated that it is the policy of the State that a local government not reject or make infeasible affordable housing developments which contribute to meeting the housing need, determined pursuant. to this article without a thorough analysis of the economic, social, or environmental action without meeting the provisions of Subdivision D. He further stated that Subdivision D provides that a local agency shall not disapprove a housing development project affordable to low and moderate income households or condition approval in such a manner that renders the project infeasible for development for use of low and moderate housing. He noted that there are some very narrow finding which are exceptions to this issue. He further explained that PAGE THIRTEEN - CITY COUNCIL MINUTES JANUARY 28, 1997 feasible is defined as being capable of being accomplished within a successful manner with in a reasonable period of time, taking into account economical, environmental, social and technological factors. City Attorney Harper stated that in that context the Planning Commission and City Council denied the project by making the statutory findings, which he suggested are very narrow. He explained that he perceives that the Council hoped that the developer would realize the feelings of the community with regard to the project and walk away or least change the project and not file a law suit. He noted that unfortunately what his firm did not know and did not find out until the discovery process was the amount of money that the developer had in the project and as a practical matter their inability to walk away and as a consequence filed a law suit. He fiuther explained that there was no negotiations with the developer in terms of making the project different than it was with the exception of at the staff level as they would do normally with the Planning Commission until after the law suit was filed. He further noted that the law suit, based upon the defense was based upon the things that he has explained was not a slam dunk winner for the City, but was not an absolute looser either and as a consequence the developer in order to overcome the objections which were stated in the findings, offered through the court to substantiality change the project, so that the project which ultimately overcame the objections, was dramatically redesigned, as well as significantly improved security and additional contributions to road improvements. City Attorney Harper stated that USA Properties offered a variety of factors which rendered the project much nicer than any other apartment project in the City of Lake Elsinore and in fact the rents that will be charged will be higher than the non lower and moderate income rents in other places in the City. He explained that in terms of the judgment, he is willing to take some responsibility for the confusion, but the judgment, while tentatively entered in mid November was not finialed, nor did the City get notice of its final until December 11. He further stated that the Notice of Judgment was mailed on the 5th of December and received by his office on the 1lth and was faxed to the City. He explained that there was no second meeting in December and the first opportunity for the Council to consider the final judgment was at the last Council Meeting. He pointed out that the newspaper was right that the judgment should have been announced, however there is no legal obligation to announce the findings of the court. City Attorney Harper stated that for practical matters the City did not receive the judgment until early December. Mayor Pro Tern Kelley commented on the following: Corrected the Minutes regard the vote on LEA that she had voted no. 2. Directed a request to any church representative to do the invocation. She noted that they should call the City Clerk. 3. Reported on her attendance at an all day County wide Library Summit. She stated that there were representatives from all over the state and they discussed the history of libraries and the current breakdowns in the system. . PAGE FOURTEEN - CITY COUNCIL MINUTES - JANUARY 28, 1997 4. Announced that DMG Associates which is doing our Library Study will be doing an open forum on Wednesday, February 12, in the evening. She stated that a notice will be placed in the local paper and stated that they are looking for interested citizens to come out and provide input and stressed the need for input on services. She asked that citizens watch the papers for the notices. 5. Commented that the Drug Free Zone is a great program and noted that there is another crime fighting program called WETIP hotline which is available throughout the City as well as being provided in the School District as well. She noted that WET]P is getting ready to celebrate their 25th anniversary and noted their long term service to communities. Councilwoman Brinley commented on the following: 1. Thanked Tom Thomas for his update on the Chamber and noted that this report will prove to be a useful tool to promote everyone working together. 2. Stated her pleasure in attending the Student Of The Month luncheon and noted how much pleasure it gave her to see the, successful attitudes of the students and parents and farther noted what a pleasure it was to honor them. She explained that most of the students that have applied to different colleges have been accepted. She thanked Council for the opportunity to be -a part of the program. , 3. Made note of the USA Properties issue and indicated that it was not the intent of staff or Council to misinform the public. She stated that there was an unfortunate breakdown in communications between the Council and the Community and explained that she is aware that they should have gotten the word out more quickly. She stated that Council is working to correct that problem. 4. Stated that the Mayor will be announcing some very exciting news that she feels will be very positive for the community. Councilman Alongi commented on the following: 1. He stated that he will not discuss USA Properties tonight, but he will feature this issue on his program on January 30, at 7:00 p.m. 2. He noted that on his show on the 30th Mark Dennis will appear and there will be three segments on Reclaimed Water..He stated that the last segment will a be set aside for call -ins. 4. He made note of the letters of apology that the Mayor generated and stated that he does not want to be a part of those. He stated that he does not apologize for what he says and will not apologize to anyone. PAGE FIFTEEN- CITY COUNCIL MINUTES - JANUARY 28, 1997 5. Noted that his church held a fund raiser, for the Sheriff s Department, at the local skating rink and the purpose was to assist the Sheriffs Department to buy bears. He stated that the bears are given to children who are in the process of being displaced. He suggested that anyone one that was interested in helping should mail a check to the local Sheriff s Department to help the children. It is possible that if they receive enough funds possibly they will donate extra bears to the hospitals as well. 6. Stated his confusion in regard to the "Drug Free Zone" and stated that he would take any program he could get which helps the children and explained that he hopes that they expand the program throughout all the schools. 7. He noted that Councilman Metze had stated that he had made statements that were not correct. He explained that he takes great pride in being correct in his statements and further noted that what he had said is the City takes the money used to maintain one park, then several other parks could be maintained. Councilman Alongi stated that 8 out of the 10 parks could be maintained with cutting the grass. He noted that the electricity will have to be wiped out. He noted that Councilman Metze made a slanderous remark that what ever I do benefits me and he will give Councilman Metze an opportunity in court to tell him what benefits him. Commented that Mayor Pape made some slanderous remarks in regard to who our Co -Bond Counsel is. 9. He noted that Councilwoman Brinley feels that it is his responsibility to pay for community services. He further noted that it is not his job to pay for them, rather it is his job to preserve them just as it is hers. He pointed out that Council gives money to organizations that could raise the money themselves, instead of giving that money to ourselves to provide services. 10. He noted that Mayor Pro Tem Kelley took part in the vote to remove him from two committees. He stated that on behalf of his wife, children, grandchildren and friends he will be filing a lawsuit against the other four and then they can see what they feel like when they have to spend their money on attorney's fees. He noted that he feels that he was right and is paying the price for his opinion. He further stated that it is time for them to be on the receiving end of this. Councilman Metze commented on the following: He did not remember the City Attorney giving direction that the USA Properties was a done deal and he felt that it was still in closed session process. He stated that Council is not at liberty to discuss what is said in closed session. He noted that Community Development Director Leslie was as surprised as he was in regard to the judgment and no one knew that it was coming down like it did. PAGE SIXTEEN - CITY COUNCIL MINUTES - JANUARY 28, 1997 2. Noted the article in the Sun Tribune and stated that the only comment that was printed was his and the other Council did not get contacted because of the deadline. He stated that all the Council should have been contacted, and if they were not, then the article should not have been printed. He explained that if it is a matter of miscommunication then it is between the Council and City Attorney since he was still under the assumption that it could not be discussed and no one had informed him different. Mayor Pape commented on the following: Noted that potholes have been created due to the recent rains and staff is out trying to get all of them patched up. However, is any are missed, call (909) 674 -5170 to report them. 2. He is pleased to announce the good news that all the bonds have sold in one day at a good interest rate which was at an average of 7.1 %. He noted that this is very positive for the City and puts us one more step toward our goal of getting the City financially squared away. He thanked Mr. Rod Gunn and his staff for all their efforts. 3. Noted a letter he had received regarding dumping of trash in Country Club Heights. He announced to all that if someone with large items will call C R & R and advise them that you have large items to be picked up, they will give you a date to place the items out and they will pick it up for you. He stated that each homeowner has this opportunity to do this twice a year and stressed that the public should take advantage of it. 4. Commented that USA Properties was a very frustrating situation to see in the newspaper. He noted that Council had received the written report two weeks ago today and did not read it until after the meeting. He stated that he had not. had the opportunity to call the representative in the Ayers Tract and advise them ahead of time. He further noted that it was not a surprise to the citizens who called in that the City had to allow the project to go forward. He stated that he had hoped that the judge would see it from the City's point of view and possibly the developer would take the project elsewhere. This did not happen. He noted that the developer did make some improvements and it is a better project than originally proposed. Mayor Pape stated that this Council has made every effort to increase communication with the different representative of the community and if there is a breakdown, then hopefully this can be worked out to prevent any future occurrences. He noted how important it is for people to know what goes on in their community. CLOSED SESSION a. Joint Closed Session with the Redevelopment Agency - Pending Litigation - Lake Elsinore Associates - Case No. 200767. PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 28, 1997 b. Potential Litigation - L.E.R.A. C. Pending Litigation - USA Properties Inc. - Case No. 280489. City Attorney Harper noted that the topics for closed session would be Item b. Potential Litigation - L.E.R.A. and two other Potential Litigation items. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:41 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:27 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:28 P.M. i VIN W. PA E, OR ITY OF LAKE ELSINORE ATTEST: C VICKI KASAD, CITY CLERK (;I'I'1-' OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 4, 1997 xxxxxxxxxxxxxxxzxxxxzzxxxxxxxxxzxxxxxzxxxxzzzxzzxxzzxzxxxzxzzzxzzzzzzxzzzzzzzx CALL TO ORDER The City Council Study Session was called to order at 9:04. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, PAPE METZE Also present were: Assistant City Manager Watenpaugh, Public Services Director Sapp, Recreation and Tourism Manager Edelbrock, Administrative Services Director Boone, Assistant to the City Manager Best, City Engineer O'Donnell and Deputy City Clerk Bryning. PUBLIC COMMENTS - None 1. Community Development Block Grant - 23rd Year. Mayor Pape stated that this is his least favorite Study Session of the year because there is never enough money and it makes it very difficult to pick and choose where the money should go since there are so many good programs and there is never enough money to spread around to do the most good. Assistant City Manager Watenpaugh presented an overview of the Community Development Block Grant Funding. He noted that this year the City will receive $196,000 which is down from the previous year since funding was cut from the Federal level. He further noted that last year during the Budget Study Session, Council agreed to pull General Fund tax dollars from the Senior Citizens Center and fund them with grants from shares of the City's CDBG as well as the County's CDBG as part of the financial strategy to allow us to get our finances back on top. He stated that this year the City has received seven Non -profit applications for funding. Assistant City Manager Watenpaugh noted that the City is unentitled, therefore we get our funding through the County which has a portion taken off the top to pay for their administration. He explained that the City has worked with the County to allow the City to use the total amount of dollars for the total cap, even though we do not get a portion of the money as our allocation basis, therefore we will be able to allocate $51,978 to public service organizations for public service projects with a balance of $144,556 for public works projects. He explained that the CDBG Funds can only be used for low income or removal of blight. He further noted that there are several areas that are exempt from that criteria; one being parks, Senior Citizens projects, as well as the removal of blight as community service projects. Assistant City Manager Watenpaugh explained the 23rd Year Funding Program and gave an overview of the different breakdowns of funding. He stated that staff recommends allocating $51,978 to the Senior Center Services and the balance of $144,556 to be allocated to the Swick/Matich Park Expansion. He noted that staff was informed that under the Public Service Programs the City will receive approximately $7,000 from the Office on Aging PAGE TWO - CITY COUNCIL STUDY SESSION MINUTES - FEBRUARY.4, 1997. which is down $1,800 from last year. He stated that Supervisor Buster has informed us that we will receive CDBG Funding from the County, but not in the amount that we received last year. He explained that is why the City allocated all of the monies from 23rd Year CDBG Funding for Public Services to the Senior Center. He noted that last year we allocated $40,000 to the Senior Center because of other sources, but this year we are allocating the $51,978 because we are not sure what we will be receiving from Supervisor Buster. He noted that staff may have to come back to Council to reallocate funding if there is any available in order to keep the Center open year round. Mayor Pape asked what the County's contribution to the Senior Center was last year. Public Services Director Sapp stated that it was $30,000. Assistant City Manager Watenpaugh explained that in regard to the Swick/Matich Park expansion, this would be the third year that the City has allocated funding to that project and this year would see the completion of that project. He noted however, that if in fact the City's Measure does not pass in June, staff will be returning to Council to request a reallocation of funds since it is not recommended that the City go forward to build as there would be no funds to operate and maintain the facility. He noted that if the Measure does pass then we will have the ability to maintain and operate. Mayor Pape asked if Supervisor Buster gave the City an idea of the amount that the City would receive. Public Services Director Sapp stated that our County Coordinator for CDBG informed him that the City would receive some funds but no specific amount was given. Councilwoman Brinley stated that "some funds" could be $1.98, and this does not help Council make decisions. Assistant City Manager Watenpaugh explained that the Council cannot wait, because of the time line and we must go forward to get our projects into the County otherwise we loose all of our funding. Mayor Pape asked if there was anyone in the audience that wanted to address this item. Mayor Pro Tem Kelley asked if the Senior Center was aware that the funds were going to be cut on the County level and are they prepared to make up the short fall. Assistant City Manager Watenpaugh explained that staff will have to evaluate, and possibly the number of hours will have to be cut, or possibly staff can save additional dollars to make up the difference. Mayor Pape stated that the County can cut by $12,000 and the City will still be at the same level as last years funding, because we have increase our level of funding. Public Services Director Sapp stated that it may not be a problem, but at this point staffjust doesn't know. Mayor Pro Tem Kelley asked how many years the Senior Center has received all of the CDBG funds. Public Services Director Sapp stated that last year was the first year that it was funded 100% by grant dollars. Mayor Pro Tem Kelley asked about previous years. Public Services Director Sapp explained that the previous year the majority was funded by the General Fund. Mayor Pro Tem Kelley asked how the Senior Center was operated when the majority of the funding was done by the General Fund. Assistant City Manager Watenpaugh explained that the Senior Center used to be operated by a group called Golden Spectrum, a private non -profit organization, put together by the ministries, and a series of ministers ran the program. Councilwoman Brinley asked if Golden Spectrum is still in existence. Assistant City Manager Watenpaugh stated that they were, but in a different form. Councilwoman PAGE THREE - CITY COUNCIL STUDY SESSION MINUTES - FEBRUARY 4, 1997 Brinley asked if they were still working for the Seniors. Public Services Director Sapp stated that they work as a support group for the Senior Center. He noted that when Golden Spectrum was operating the Senior Center the City was paying all of the maintenance and operation costs and they provided all of the programs. Assistant City Manager Watenpaugh added that in the last year or two of Golden Spectrum's term that the City subsidized their operations for staff. COUNCILMAN METZE ARRIVED AT THE MEETING AT 9:23 A.M. Councilman Alongi stated that he has some concerns with this program and he doesn't see how the expansion of Swick/Matich field benefits the total community. He further stated that he does not see how putting a boat in the water is more important than feeding families. He noted the Senior Center and explained that he gets tired of supplementing it and asked why the City does not put the Senior Center on volunteer service since the City is paying an employee so many dollars a year. He noted that there are people at the Center that are qualified and have worked there for many years in the past supervising the Center. He further explained that if we have to cut dollars, he doesn't see why we can't cut $10,000 from the Senior Center and allow them to replace the short fall with volunteers. He stated that they would have to start picking up the slack. He stated that there are other organizations that are very important to our community and we have always struggled to assist them. He further noted that they are not wasteful charity organizations and do play an important role in this community. He made.special note of Operation School Bell, Hope and Alternative to Domestic Violence and explained that they are all very important. He noted that there is Murrieta Valley Unified School District - Parent Center and the Emergency Cold Weather Shelter as well. There was general discussion in regard to the previous funding of the different programs. Councilman Alongi stated that it seems that every year the Council goes through this process and it seems unfair, speaking of his tax dollars, that Council is put in this kind of position to make decisions in regard to a parking lot. He noted that Council could delete $10,000 from the parking lot and replace it from our reserve. He further noted that the $10,000 could be allocated to organizations that keep the crime rate down in this community, since that is what these different organizations do. He further explained that they give the kids the opportunity to go to school with clothes on their backs so they are not ashamed of themselves. Councilman Alongi stated that he knows that staff knows that, but he doesn't feel good about about the situation and he feels that Council has to make a special effort, especially because the Senior Center can take care of itself and noted that they need to contribute something to these different organizations now. He explained that the City is not in a position to keep feeding money into the Senior Center. He finther stated that he supports the Seniors and he knows that the Seniors would feel the same way if Council allocates the $51,000 and doesn't give anything to the other organizations. He noted that the CDBG funds are for everyone, and not just a select few. Mayor Pro Tem Kelley clarified that 85% of the funds must go toward Public Works Projects, therefore $144,556 must go towards Public Works. Public Services Director Sapp confirmed. Mayor Pro Tem Kelley stated that if staff were to take $10,000 from this to put toward any other service then it would have to be taken from the Senior Center and cannot be taken from the Public Works Projects. Public Services Director Sapp confirmed. Mayor Pro Tem Kelley questioned the heating and air- conditioning system at the Community Center could be allocated from the Public Works Funding. Public Services Direct Sapp explained that the heating and air - conditioning system at the Community Center does not qualify. He gave an overview of the requirements of the CDBG funding and what is allowed under their criteria. There was general discussion in regard to why certain projects do and do not qualify. PAGE FOUR- CITY COUNCIL STUDY SESSION -FEBRUARY 4,1997 ; Councilman Alongi asked why $10,000 could not be taken from the $51,989 and be allocated to other organizations. Mayor Pape stated that he would go along with that if Supervisor Buster allocates the County's share the same as they did last year, because there are a lot of people that live in the County that use the Senior Center, but if the County cuts back then the City will have to make up the difference. Councilman Alongi stated that it does not solve the problem that the City is experiencing this year. He noted that the County does not have the backbone to step up and take care of the people that use the Senior Center. He explained that Council should not take the attitude of making up the difference. Councilman Alongi stated that there are other organizations in this town and by not contributing to them will put them out of business and this will cause bigger problems in the community than we have today. He noted that the people at the Senior Center realize that if they are told the situation they will have to volunteer time to pick up the hours of operation and if not then we shut down the Center for one or two days just like we do in City Hall. He stated that however, the other organizations that we have are just as important as the Seniors. He noted that we have other people in these other organizations that cannot help themselves and depend on the elected officials to assist them and give them the opportunity to serve. He further noted that the Senior Center has received a tremendous amount of money from the City over the last five years that he has been in office and feels that it is time that the Senior Center take a little less money, regardless of what the County contributes. He further noted that he does not care what the County does, and if the County comes in and picks up their fair share then that's fine, but if they do not it is on their conscious and not ours because we still have people in this community that we need to take care of He further explained that the County gave to HOPE, and we have contributed to them regardless of what the County does. He stated that he hates this meeting and wished that Council didn't have to have it at all. Councilwoman Brinley stated that she agreed with Councilman Alongi that she hates this meeting and noted that if the County comes through and gives their fair share or at least the same as last year, she would like to see $10,000 taken from the $51,978 and help two organizations, HOPE and School Bell, because of the good work that these organizations do directly for our community. She stated that it is not that she doesn't want to fund the others, but she feels that these have a direct impact. Councilman Alongi stated that it is important to look at what these organization do for our community. Councilman Metze asked if Lake Elsinore had a Parenting Center. Mayor Pro Tem Kelley stated that we did. He asked then why Council would want to contribute to Murrieta School District. Kate Van Horn, Manager of the Murrieta Parenting Center, explained that the reason that she has submitted an application to Council is because 12% of their organization services people from Lake Elsinore at her center and noted that they keep track by Zip Code and it does include the 92530 Zip Code in her service area. There was general discussion by Council to explain that the 92530 Zip Code is County as well as Corporate Boundaries and that it is not easy to define how many citizens of the City of Lake Elsinore use that facility. Councilwoman Brinley explained that because of tight funding, it is important to take care of our own first, and then if there are funds available others can be helped. Councilman Metze explained that at this point Council would need a more defined count of Corporate City users. Don Butenshon, Chairman of HOPE, explained that his organization is helping the Senior Center in assisting the Seniors who are on SSI by providing food for them once a month as well as assisting five different food ministries here in Lake Elsinore every week. He noted the other programs that they administer and pointed out that it done on a PAGE FIVE - CITY COUNCIL STUDY SESSION - FEBRUARY 4,1997 complete volunteer basis. He made note of future project that they hope to accomplish and explained the problems that their volunteers face in the operation of the their program. He noted that Supervisor Buster has recognized that within the County they are the only organization that operates in this manner. Councilwoman Brinley asked if HOPE had received word from Supervisor Buster that they would receive funding from the County level. Mr. Butenshon stated that they have had meetings and the County is aware of their needs for this coming year. Councilman Metze asked what the County allocated HOPE last year. Mr. Butenshon stated that last year the City allocated $5,000 and the County allocated $15,000. He told Council about wanting to attend a summit in Washington D.C. on Volunteerism and stated that he hoped that they did not send politicians and corporate people, but rather the people who work with volunteer organizations. Councilman Metze noted the 85/15% split and stated that he feels that this should be more accommodating to each area and latitude should be allowed to each area to pick what should be done with the funds within a given percentage. He asked that staff let Council know what amount of money is given to the Senior Center from the County. There was general discussion in regard to the split of CDBG funds. Councilman Alongi stated that he felt that there were areas that could be cut back on the operation of the Senior Center by the City and use volunteers and if that does not work out then the Center can be closed when the staff can not be there. He stated that he felt that we have an obligation to the people of the City of Lake Elsinore and not the County and if Supervisor Buster feels responsible, then he will come up with the dollars from the County to help support the Senior Center, and not expect the City to carry the entire load. He noted that $10,000 will go a long way to assist other agencies that primarily take care of Lake Elsinore. Assistant City Manager Watenpaugh stated that staffs recommendation was based on agreements with the Financial Advisor and what Council had agreed upon, however if Councils wishes to make changes, then staff will follow that direction. He noted that the CDBG is part of our revenue stream and that was what was agreed upon. Councilman Metze questioned the amounts that were allocated last year, and pointed out that we addressed Code Enforcement last year. He noted that the funds came from Public Works because the City did not need the entire amount for the phase of the park that we were working on. Public Services Director Sapp clarified the amounts allocated last year. Mayor Pro Tern Kelley stated that there are a lot of organizations within the City that did not apply for the CDBG funds because they knew that there would be no money available for their organization. Councilman Metze stated that they should have applied anyway. Mayor Pro Tern Kelley stated that she felt that the Senior Center is becoming the only place that profits from these funds and she agreed with Councilman Alongi that there should be a limit that goes to the Senior Center to allow other organizations to profit from these funds. She asked how far the City is going to support the Senior Center since their needs will only go up and this would exclude the others. Councilwoman Brinley agreed that there should be a cap, and volunteers should take the place of employees and relieve the cost. She noted that there is going to come a time when they should be responsible for their organizations and the City will need to give support to the others. Councilman Metze pointed out that our funding was reduced by 8 %. Mayor Pro Tem Kelley agreed and she pointed out that each year it may continue to go PAGE SIX - CITY COUNCIL STUDY- SESSION - FEBRUARY 4, 1997 down and Council needs to begin to look at this issue and address this. She noted that there are other organizations that need assistance as well. Assistant City Manager Watenpaugh pointed out the problems that the City faces due to the recent passage of 218, and the CDBG funds were allocated for this purpose to maintain a balance of the City's budget to allow services to continue at the Senior Center. He noted that after the vote in June, the City may be in a better position to free up more money for the Senior Center. Councilman Alongi stated that Council knew that 218 would cause a problem. He noted that the Senior Center is there to service Seniors and HOPE is there to run a food bank, but they have to know that there will come a time when they are going to have to do volunteer time. He stated that when money is given to HOPE there is no salary, all the money goes to service the community. He explained that the money we give to HOPE is also being used for the Senior Center, therefore we are putting that same money in use for them as well in an indirect way. He noted that the City has give the Senior Center well over $200,000 in the last three years and that includes the horse -shoe pits, new buildings, and so on. He stated that it is time that they start taking care of themselves. Councilman Metze stated that this would put the Senior Center to the people themselves. He stated that he felt that the percentage portion was a good idea. Mayor Pro Tem Kelley stated that as soon as that information gets out there will be several other organizations in the City that will be willing to go through the hoops and try to get assistance from the City. Mayor Pape asked if this issue would be on the next City Council Agenda for February 12, 1997. Assistant City Manager Watenpaugh stated that it would. He asked for some type of firm direction to staff. Mayor Pape stated that it should be $4,000 from the Senior Center and allocated to HOPE. He explained that cutting more would be hurting the City. Councilwoman Brinley asked where the $4,000 came from. Mayor Pape stated that it could come from the PFA. Mayor Pro Tern Kelley stated that she would like us to give the Senior Center $40,000 and allocate the rest to others. Councilwoman Brinley stated that if we took the $10,000 she suggests that we give $5,000 to HOPE and $5,000 to School Bell. She stated that if the ballot measure passes then we can give the money back to the Senior Center. It was the consensus of Council that all of the organizations were important. Councilman Alongi stated that Council should pick a committee and get Senator Haynes by the ear and get the program changed. He stated that they do have influence even if they don't have jurisdiction. He noted that they know the people to talk to and the bells to ring. Mayor Pape asked that staff study the issue and bring back information as to how the reduction of $10,000 would affect the Senior Center. There was general discussion in regard to the impact. PAGE SEVEN - CITY COUNCIL STUDY SESSION - FEBRUARY 4, 1997 Assistant City Manager Watenpaugh stated that the reason that the City is now operating the Senior Center is because Golden Spectrum couldn't continue operation because they did not have the funding to continue. Mayor Pro Tern Kelley questioned the 85% of the CDBG that went to the parks. She asked if the Boat Launch and parking lot would be finished this year. Public Services Director Sapp explained that the Boat Launch and Parking Lot would be finished this year and the 85% CDBG money would go for the basket ball courts and heli -pad for the Sheriffs Office as well as the pad being used as a roller blade court. 2. Lake Annual Use Pass Fee Review. Assistant City Manager Watenpaugh gave a brief overview of the Lake Use Fees and explained that there has been considerable discussion with property owners from both the City and County to define what is the best method to address this issue both in administration and enforcement as well as generating additional revenue for the City. He noted that this will generate a small benefit for City residents since the City residents currently pay for some operation and maintenance of the Lake. He explained that staff has offered three options for Council to consider and give direction. Assistant City Manager Watenpaugh explained some of the problems that have been experienced and explained that he felt that by lowering the fees that it would generate more income and promote purchases of passes instead of illegally launching. Councilman Metze asked if enforcement was able to issue tickets for launching without a pass. Mayor Pape questioned the ability of enforcement on that issue. Assistant City Manager Watenpaugh stated that it is a case of not being able to catch everyone since there is only one to two persons on patrol and it is hard to see who is launching on every piece of property. There was general discussion in regard to illegal launching and how it occurs. Councilman Metze addressed the problem with the Associations keeping the City current and it is not our problem to do their follow -up. The residents of the Associations need to address it with their organizations and correct the problem. He noted that it is not staffs responsibility to obtain up -dated lists. Assistant City Manager Watenpaugh explained that it is a matter of public relations and the City tries to work with those people. Councilman Metze stated that the City is paying for everything and the County is not contributing any support to the Lake and should be held accountable. Assistant City Manager Watenpaugh noted that is why the County residents will be charged a slightly higher fee, which will off- set the cost the City resident is paying. Mayor Pape explained that he must leave due to a previous commitment and asked staff .. to clarify the information on Option III. There was general discussion in regard to the Lake -Front Property Owners and Non - Residents Lake Front Property Owners as well as Resident and Non- Resident General Public. Public Services Director Sapp addressed the Non - Powered craft and the adjusted fee to address the concerns of the wind surfers and small hand carried craft. He noted that wind surfers are limited to late afternoon due to the wind conditions as well as canoes and kayak that choose to use the lake. - PAGE EIGHT - CITY COUNCIL STUDY SESSION FEBRUARY 49 1997 There was general discussion in regard to the type of craft that Non - Powered defines and Public Services Director Sapp noted that any craft that has a non -CF numbers that can be launched by hand. Assistant City Manager defined the type of craft that would be allowed and concurred with Public Services Director Sapp. Councilwoman Brinley stated that Option III is similar to the fees charged at Arrowhead Lake and Big Bear Lake. MAYOR PAPE LEFT THE MEETING AT 10:04 A.M. Peter Dawson, South shore Homeowners Association, addressed the verbiage of Non - Motorized versus Non - Powered since a standard sailboat is powered by the wind. He stated that this Lake belongs to everyone and was owned by the State and the State choose to take the Lake from the County residents and give it to the City. Council stated that it was not given to the City. Mr. Dawson stated that they didn't pay the County for what they took. He stated appreciation to the City for the recognition of the people in the County who use the Lake. He noted that they do their share and do pay to use the Lake. He emphasized that any unequal treatment will generate resentment and stressed that the fee should be the same for the County as it is for the City. - He noted that equal treatment would help to capture the fees because the County residents would be more willing to cooperate with the City. He explained that the County residents would support any reasonable fee and again asked that the City not give them unequal treatment. He stated that the County fees and the Senior Discount are good and that the basic $75. is the correct amount for all users both City and County. He noted that most of the people that live on the Lake Front use the Lake at odd times and do not utilize the Lake on the weekend and do not use the services of Sergeant Peters because of familiarity with the Lake and it's rules. He addressed the problem of people that are visiting residents on the Lake Front and their agreement of having them launch at private or City owned facilities to assist in a fair share situation and stated that this should -be in the rules. He noted that his organization feels that any program should protect and secure access so that any private or City owned facility would gain the launch revenues. He felt that one fee for all residents would assure cooperation. Mr. Dawson concluded that three years ago when this was first addressed the City was very concerned that the system might become over- burdened with County users which would cause a reduction in Lake revenue. He noted that history has proved that not to be the cause and qualifies the opinion that the fee should be the same. He noted that it is not just the City people, but the County people that go out to help when there is a problem and that the County residents care about the Lake as much as the City residents do. Councilwoman Brinley stated that she felt that it is an example of a good neighbor policy and has nothing to do with where a person lives, but rather their willingness to give assistance. She explained that the City did not take the Lake away from the County, but rater the State made a decision that they did not want to retain ownership of the Lake and maintain it. She noted that it was apparent that the State had not taken care of the Lake for years. She further explained that the citizens of the community picked up the tab. Councilman Metze explained that each and every citizen of the City pays for the lake, whereas each and every citizen of the County does not. Councilwoman Brinley stated that the City people are picking up the tab in their taxes and that is why there is an increase of $25 in the fee for the County residents. She noted that over the year the citizens of Lake Elsinore pay for the entire cost and pointed out that her own family has to pay a non- resident fee. She noted the financial problems that the City is experiencing and explained that the Lake is a business and must be address as such. Councilwoman Brinley stated that she felt that the City has made a great effort to make the fees fair for all parties concerns. She noted that the citizens should get a break, because they pay more. She stated that she feels that the proposed fees are very fair. PAGE NINE - CITY COUNCIL STUDY SESSION - FEBRUARY 4, 1997 Joe Crognale, Manager of Elsinore West Marina, stated that the fees, whether it is $150 or $75 is immaterial, the only complaint that he receives is why are one person is paying more than someone else. He noted that last summer there was an article in the newspaper that said that the Lake was the one entity that almost broke even and the difference between revenue and cost of operation was approximately $15,000 or $20,000 difference and that is a minimal difference. He stated that if the issue is addressed in that manner, the Lake is a push. Council assured Mr. Crognale that the facts that were placed in the paper were not correct and noted that the Lake is still loosing money. Mr. Cognale stated that if the paper is not right then he has to revise his opinion. He noted the closure of the Lake last summer was a problem, but he understands that it will only be a partial closure for events this year and that presents no problem to his clients. He further explained that he has no problem with the proposed fee structure. Councilwoman Brinley noted that if Mr. Cognale's patrons question the fee, it can be explained that the difference is to assist in covering the day to day cost of the maintenance of the Lake. Mr. Cognale stated that the only people that had a problem with the fee were the people from Lake Elsinore and they felt that $150 was too high. He commented that with the new proposed fee schedule, there would be no complaint. He suggested that there only be one fee for everyone. Councilman Metze explained that the problem is that the County residents don't understand that each and every homeowner in the City pays extra already and the people in the County do not. Councilwoman Brinley pointed out that each homeowner in the City has to pay for the Lake whether they own a boat or not, but if the residents in the County do not own a boat, it doesn't affect them one way or the other. Councilman Metze stated that there are several homeowners with boats in his neighborhood that use the Lake and he feels that there should be a little bit of a break since they do support the Lake through their taxes. He asked Mr. Dawson if the County residents were really going to be that aggravated because they have to pay just a little bit more. Mr. Dawson stated that if there is any difference it will be resented. Council commended Mr. Dawson for all of his service and dedication to the Lake, but it was noted that the Council must look at the community as a whole to make it fair and equal. Councilman Metze asked Assistant City Manager Watenpaugh if the staff could come up with a number that the County residents could propose to Supervisor Buster to allow the County residents to off -set the cost of the maintenance and operation of the Lake. Assistant City Manager Watenpaugh explained that part of what Mr. Dawson is saying is if it is a different rate, then it is different. He noted that at a set fee of $75 a County resident is paying within $1.00 of the same rate as a resident is paying at $50 because of their annual contributions that are made in their Lighting and Landscaping District Assessment. He explained that the City has tried to make it fair and equitable and possibly if County residents would like to take a proposal to Supervisor Buster and the County would be willing to contribute the same for their residents as the City residents are paying for in the Lighting and Landscaping Assessment, then the fee could be made the same. PAGE TEN - CITY COUNCIL STUDY SESSION - FEBRUARY 4, 1997 Mr. Cognale noted that the only persons who are buying annual passes are the people who use the Lake weekend after weekend and in a way they are beating the system, because they would pay anyway. Assistant City Manager Watenpaugh explained that it is money up front and the City can allocate those funds, whereas a day to day receipt is not something that the City can depend on for their budget expenditures. Mr. Cognale stated that it is not fees that concern him, but rather the lack of enforcement which he knows is not the City's fault. He noted an incident where he was told by someone who is not a resident that he was able to be on the Lake without paying a fee. Mr. Cognale stated that if he ever sees him he will nail him because it is not right. Assistant City Manager Watenpaugh explained that when the City took over the Lake, the City adopted the Lake Fees and Fines and at that time it was Council's direction to reduce some of the fines because the State had set to high an amount for some of their fines. He asked that Council consider that the fees on the Lake are City fees and the fines City fines, not State fines and do not go on the violator's DMV, therefore if the fines are not paid, each individual must be taken to small claims court and is not cost effective. Mayor Pro Tem Kelley asked if the options came from a committee or from staff. Public Services Director Sapp stated that it is a combination of both. He noted the committee was made up of staff and local business persons from around the Lake as well as input from the general public either received on the phone or in the office which played a major role in the suggestions presented. Councilman Alongi stated that most of the people on the committee had self interest since if the fee is lowered it gives them more business. He questioned cost and revenue of the Lake. Assistant City Manager Watenpaugh stated that staff would bring those numbers back to the next Council Meeting. Councilman Alongi stated that originally the Lake did not belong to the State, but rather the City and although the County keeps referring to riparian rights which they say appear on their deeds, there has been no proof that they are correct. He pointed out that no matter what happens, if the City goes broke, the County is not going to come in and make the payments on the Lake. He stated that the County residents sit in the County and enjoy the Lake and have no responsibility to it as far as finances. He noted that as far as maintenance everyone has a responsibility. Councilman Alongi stated that he is not in favor of the reduction of fees, but he does feel that the City residents should get a special break and the County should have to pay twice. He stated that he is tired of subsidizing the movie theater, the stadium and the Lake. He stated that he felt the fees should stay the same and should be $150 for residents and $200 for the County. He noted that the annual pass that people buy will be purchased anyway for people who want to use the Lake no matter the cost. He noted that he does not feel that the City is responsible for building businesses up in the County and the City does not get taxes from the County nor does the City get the DMV taxes from the County which insure the Lake. Councilman Alongi noted that Council was informed that the County resents the City and he stated that he resents paying the bill for the County share of funds that it take to keep the Lake open and to hell with the resentment from the County. He stated that he wants the Lake to be productive and pay for itself just as he wants the ball -field to pay for itself. He explained that if the fee has to be $150 or $200 so be it. He stated that if they want to use it, fine and if they don't want to use it, don't. Councilman Metze noted that when Supervisor Buster was campaigning he stated that he was going to support the Lake and be involved, and now where is he. He stated that possibly the County residents need to push his buttons and point out that things need to be fair between the County and the City residents. He further stated that he knew right from PAGE ELEVEN - CITY COUNCIL STUDY SESSION - FEBRUARY 4, 1997 the beginning that it was a bunch of bull, but he make promise after promise that he was going to help the Lake and since he has been elected there has not been word one. Councilwoman Brinley concurred with Councilman Metze regarding Supervisor Buster. She stated that she feels that the City should get a break since they do pick up the cost of the Lake and carry the burden year round. She noted that if the City had a problem and could not make the payment, she does not see the County stepping forward to help the City. Councilman Metze stated that he concurs with Option III. Mayor Pro Tem Kelley asked how much it cost to launch. Public Services Director Sapp stated that it varies from Private to City launch fees. He stated that the private sector charges from $6 to $11 for launching and day use depending on the various rules set by that business, and the City charges $6 for every launch and $5 for day use. Councilman Alongi stated that he felt that the City should charge more to stay out of competition with the private sector. He pointed out that the businesses are asking for an advantage when they request that the City lower the fees, but he would be more in favor of raising the City fees to encourage private enterprise. Mayor Pro Tem Kelley asked how many annual passes did the City sell last year. Assistant City Manager Watenpaugh stated that there were 141 passes sold for 1996 and 101 for 1995. He stated that he felt that the City will generate more up -front money with a lower rate. Councilman Alongi stated that staff doesn't know that for sure. Assistant City Managers Watenpaugh stated that staff will address the word motorized and noted that fines have not been addressed, but can be in the future. Councilman Metze stated that he would like to see this addressed, since if people are cheating and get caught the amount should be a deterrent and not a small fine. Councilman Alongi asked if a person could get a Lake Use Pass without a launching pass. Public Services Director Sapp stated that you could. There was general discussion in regard to Annual Lake Launch Pass. Assistant City Manager Watenpaugh stated that when the launch is completed, the cost can be reevaluated. Public Services Director Sapp clarified that Option III is what Council wishes to have staff present. Council concurred. 3. Proposed Fees for Rental of Diamond Stadium and the Diamond Cub. Assistant City Manager Watenpaugh noted that the City has now taken over the Stadium and the fees presented are the fees that need City Council review and approval. Councilwoman Brinley stated that she feels that Council should hold this item and give themselves time for review. Assistant City Manager Watenpaugh pointed out the study is what has been presented this morning, but the fees are in your packet which you received last week. PAGE TWELVE - CITY COUNCIL STUDY SESSION- FEBRUARY 4, 1997 Councilman Alongi questioned the rental fees for the parking lots. Assistant City Manager Watenpaugh explained the fee structure for the parking lots and explained that they are based on the formula that if all spaces were filled, it would be $2.00 per space. Councilman Alongi questioned the clean-up fee. Assistant City Manager explained that there is a charge of $65 for the street sweeper and a charge for whatever staff time is required which is over and above the cost of the parking lot. Councilman Alongi asked why the City needs ushers. Assistant City Manager Watenpaugh explained that the ushers are an item used if requested and the fee is according to use. Councilman Alongi questioned the traffic control fees. Assistant City Manager Watenpaugh explained that the traffic plan must go through Engineering and the Sheriffs Department and fees are charged accordingly. There was general discussion in regard to what is required and what is an option for fees and what is not an option. Assistant City Manager Watenpaugh explained that each application must be reviewed by staff to address each individual event and what the City will require for the proposed event. Councilman Metze questioned the cost of the lights and asked why we are not charging more and pointed out that the City charges for the lights, but not for the cost of maintenance of the lights. Assistant City Manager Watenpaugh noted that the maintenance is off -set by the Stadium Rental cost and then the applicant must pay the actual use cost. He explained that the rate that the City charges for lights has been established by the Electric Company. There was general discussion in regard to the survey and the information it provided compared to the Diamond Stadium. Councilman Alongi questioned the use of the ticket booth and asked if it was necessary to use staff provided by the City. Assistant City Manager Watenpaugh stated that it is up to the person promoting the event and they can provide their own ticket takers. There was general discussion in regard to options and Councilman Alongi felt that the fees should be broken down in a more clear manner to allow the applicant to know which items are required and which items are an option to give the applicant the opportunity to get a rough figure of their costs. He suggested that a list be made of charges of items that could be figured "As Needed ". Assistant City Manager Watenpaugh stated that staff will go over the breakdown of fees to clarify the amounts required and the fees that are optional and bring it back to Council. Mayor Pro Tem Kelley questioned the fee received for the football games. Assistant City Manager Watenpaugh explained that the City charges them the fee of $1000, but that money does not generate back into the City. He explained that the fee is used for the field and general maintenance. Assistant City Manager Watenpaugh noted existing Council's policy which allows staff to continue the activity at the rate approved by Council unless there is a problem, at which time the activity is placed in review and brought back to Council. He explained that staff will be coming back to Council with High School Football this year for review. Councilman Metze noted that the fee is not paying for replacement, only for the immediate cost of each event. PAGE THIRTEEN - CITY COUNCIL STUDY SESSION - FEBRUARY 4, 1997 Mayor Pro Tern Kelley stated that Council knows that the Sunrise Service and High School Football are coming up and Council can reconsider. Assistant City Manager Watenpaugh stated that Sunrise Services will not be coming up for another two years and since there have been no problems that can continue to be run administratively, but if there is a problem then they will bring it back to Council. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE CITY COUNCIL STUDY SESSION AT 11:00 A.M. Respectfully submitted, Adria . Bryning, eputy City Jerk AiiLIJ TEST: VICKI KASAD, CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE: 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 11, 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Kelley. INVOCATION The Invocation was provided by Pastor Fred Rodriguez, Assembly of God Church. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, City Engineer O'Donnell, Police Chief Walsh, Fire Chief Seabert and City Clerk Kasad. PRESENTATIONS a. Proclamation - Sheldon Gill, 1996 Officer of the Year. (F:127.2) Mayor Pape noted Investigator Sheldon Gill's contributions to the City of Lake Elsinore and read and presented the Proclamation to him. Mr. Gill commented that it is a real honor to receive this proclamation and noted that he is honored to serve with other great staff in Lake Elsinore. PUBLIC COMMENTS AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. La., 6, 21 and 32. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. La., 5, 6, 7 and 8. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were received and ordered filed: b. Planning Commission Meeting - January 15, 1997. (F:60.3) C. Design Review Committee Meeting - January 15, 1997. (F:60.4) 2. Received and ordered filed the Investment Report for December, 1996. (F:12.5) 3. Ratified Warrant List for January 31, 1997. (F: 12.3) 4. Approved the Fire Protection Services Agreement for Fiscal Year 1996 -97. (F:68.1)(X:127.3) 9. Approved Public Hearing Date of February 25, 1997, for the following: a. General Plan Amendment 97 -1 and Zone Change 96 -3 Mssing Link Investors III. (F:83.2)(X :172.2) A request to amend the General Plan Land Use Map (GPA 97 -1) changing the land use classification of two parcels from Neighborhood Commercial to General Commercial and a change of zone (ZC 96 -3) changing the current zoning designation from R -1, Single - Family Residential (Hillside Planned District) to C -2 General Commercial. The project site is located on the east side of Camino Del Norte, approximately one half mile south of the intersection of 2nd Street.. PUBLIC HEARING 21. (F: 172.2) City Manager Molendyk explained the existing ordinances and the proposed changes including major special events, and requests such as strawberry stands for a longer period of time, on a seasonal basis. Mayor Pape opened the Public Hearing at 7:14 p.m. asking those persons interested in this item to speak. The following person spoke: Mariana Mohylyn, 305 W. 'Sumner, noted thalt she was denied'the opportunity to speak at the last meeting and noted a song at the H.O.P.E. event. She stressed the importance of allowing people to express their opinions freely. She indicated that she was very much in support of the allowance for temporary use permits, and expressed an interest in allowing for the display of signs or flags on the property. She suggested that the property owners should be allowed to vote on how much it should cost and encourage the free enterprise system. Hearing no additional requests to speak, the Public Hearing was closed at 7:18 p.m. Councilman Alongi noted that on the temporary uses there is not a uniform waiting period. Community Development Director Leslie indicated that a three day event requires less review than a longer event; and that flexibility has been included in the proposed ordinance. He explained that it was written so as to not penalize the shorter duration, and recognize the variation in possible uses; but concurred that it would be easier if it was a uniform period. Councilman Alongi expressed concern with the impact of this variable when the staff gets busier. He indicated that staff did an excellent job in developing the proposed Ordinance, but suggested that there be an allowance for Appeals to go to the City Council rather than having the Planning Commission as the last step. He stressed that the Councihnembers are the elected officials, and should have the final word. Community Development Director Leslie indicated that change would be possible, but clarified that the Code already allows for Appeals to the City Council. Councilman Alongi reiterated that staff did a great job on this Ordinance. Councilwoman Brinley questioned the short term uses and the time required to process a request such a garage sale permit. Community Development Director Leslie clarified that this Ordinance does not apply to garage sale permits, as those take about five minutes to issue. He indicated that shorter events probably take a day or two to review. Councilman Alongi noted that the temporary use section specifically calls out strawberries and indicated that it should allow for any such use or other vegetables. Community Development Director Leslie concurred that it would relate to uses of that type, and not be limited to strawberries. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1026 UPON FIRST READING BY TITLE ONLY WITH THE INCLUSION OF VERBIAGE TO ALLOW FOR APPEALS TO THE CITY COUNCIL. ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING THE EXISTING PAGE FOUR - CITY COUNCIL MINUTES FEBRUARY 11, 1997 CHAPTER 17.98 ( "TEMPORARY OUTDOOR ACTIVITIES ") IN ITS ENTIRETY AND ADDING A NEW CHAPTER 17.98 "TEMPORARY USES" (ZONE CODE AMENDMENT [ZCA] 97 -2). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Traffic Signal at Dexter Avenue and Highway 74.(F:162.4) City Manager Molendyk explained this item and noted the Council's high priority placed on this location. He noted that approval has been received from Caltrans and detailed the Council direction with regard to funding. He further noted correspondence from Dr. Long which explained why the School District could not participate. He detailed the,fimding commitments at this time being $30,834 from the County of Riverside, $92,500 from Caltrans with the City funding $61,670, Mayor Pape noted that it was good news to hear that the County approved their portion of the funding this morning. Councilman Alongi expressed concern with the position expressed by the School District, as it means taking City dollars; but stressed the need for the traffic signal. He further stressed that the School District should be participating in some way. He reiterated that the City is not responsible for the location, but is stepping forward to participate. Councilman Metze noted that under Fiscal Impact there are not funds available for maintenance, and question where that funding will come from. Mayor Pape inquired if these funds would be available through the LLMD. City Manager Molendyk explained that maintenance would be approximately $15,000 a year, and this would be additional funds required. City Engineer O'Donnell concurred that this would be an additional expense for the LLMD. City Attorney Harper clarified that the improvement is eligible forfunding, but the level of revenue will be frozen and cannot be added to the current budget. Councilman Alongi stressed the importance of all agencies participating in the project. Mayor Pro Tern Kelley stressed `that this is a badly needed traffic signal and expressed appreciation to Supervisor Buster for getting this project on ti° fast track, with the City taking the lead to get it done. MOVED BY ALONGI, SECONllEDB!" KELLEY AND CARRIED BY PAGE FIVE - CITY COUNCIL MINUTES FEBRUARY 11, 1997 UNANIMOUS VOTE TO ENTER AN AGREEMENT WITH CAI. TRANS FOR REIMBURSEMENT AND BECOME THE LEAD AGENCY FOR THE INSTALLATION OF THE TRAFFIC SIGNAL AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT; APPROPRIATE $61,670 FROM THE CITY'S AB2766 FUND FOR THE TRAFFIC SIGNAL AT HIGHWAY 74 AND DEXTER AVENUE; AND AUTHORIZE THE CITY ENGINEER TO HIRE HARTZOG & CRABILL, INC. TO DESIGN THE TRAFFIC SIGNAL AT HIGHWAY 74 & DEXTER AVENUE FOR $69200. 32. C.D.B.G. 23rd Year Allocation. (F:84.2) City Manager Molendyk explained the C.D.B.G. Grant Program and its administration by the County of Riverside. He detailed the expected funding and the participation figures by the County. He noted that $51,978 has been requested for the Senior Center as well as requests from Non -profit organizations. He further noted that at the Study Session consideration was given to H.O.P.E. and Operation School Bell. He stated that Community Services Director Sapp and Senior Coordinator Tate will address questions presented by Council regarding the services provided at the Senior Center. City Manager Molendyk noted the difficulty in dividing the funds every year. Community Services Director Sapp detailed the operations of the Senior Center which is open five days a week from 8:00 a.m. to 5:00 p.m. He explained that one of the key functions of the Center is the Senior Nutrition Program as well as classes, seminars, health programs, etc. He noted that daily attendance is between 150 to 200 people. He further explained the Office on Aging funds and services. He noted that the Senior Center provides a pantry which is available for seniors who cannot afford to buy food at times and this is provided through donations from a variety of businesses and organizations. Community Services Director Sapp pointed out that the Senior Center coordinated with the Post Office provides Care Alert which has already saved three lives and noted that we are the only Senior Center with this program in the area. He noted the social activities made available at the Center which are free to the seniors and are provided by other sources. City Manager Molendyk stated that the purpose of this overview was to answer questions raised at the Study Session. He noted the recommendation and the changes which occurred at the Study Session. He pointed out that six Non -profit Organizations requested funding and stressed staffs original recommendation. Senior Center Coordinator Tate further detailed the programs provided by the Senior Center and made special note of the Care Alert program. She explained that the Senior Center is the only large center in the area that provides full services to, the seniors. She explained that they are continuously adding new programs and gave an overview of the different programs that are available to the seniors. She noted that several of these programs and PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 11, 1997 activities have' been on -going for the last seven years. Senior Center Coordinator Tate noted that some of the most important services they provide are information, referral servi ^Ps end counseling to the seniors. Mayor Pape questioned the Pantry Program. Senior Center Coordinator Tate gave an overview of the program and exp!zined that the program is four years old and the food, is provided completely by donations. Thelma Ball, noted the items that have been donated and picked up by volunteers such as furniture, appliances, decorations and equipment. She detailed all of the contributions of the clubs and individuals and noted bus tickets provided to the seniors as well as the donation of pool tables. She stated that the seniors are not free - loaders and they do volunteer and spend their money for the City. She stated that all they are asking is that the City staff, maintain and do upkeep at the Center. Mary Dawson, Grand Avenue, stated that she is present because of what appeared in the newspaper article. She noted the allocation of $10,000 last year to H.O.P.E. and Kids On Track and stated that there is the impression that the City is pitting the Senior Center against other organizations. She asked why these ;other organizations are not setup on the budget. She noted that currently;there is no Toney to operate and any funds that are allowed must go to!maintenance and operation with the HMO's, or volunteers providing funds for special events with the volunteers obtaining donated items to enhance'; the Senior Center. She pointed out how cuts would affect the Center and commended Senior Center Coordinator Tate for her hard work and service for the seniors and noted'that volunteers could not run the Senior Center because there would be no proper' organization or guarantee of personnel. 'She stressed the need not to pit on& organization against the other and requested that the City place the'other`organizations on the budget without cuts to, service Mariana Mohylyn, 305 W. Sumner, asked when the Senior Center became sponsored by Grant Funds. She noted the nse for the grant funds was used for the reconstruction of they Senior Center and that the operation and maintenance as she understood it was taken from the General Fund. ` She indicated that C.DB_G. Funds are suppose to go to the needy and to streets as well as the rehabilitation of old buildings. She noted that it is proposed to allocate the funds for a parking lot rather than the needy. She stated that she will be 65 years old this year and stressed the continued funding for the Senior Center from the General Fund. Mayor Pape commented on last year's County contribution and this year's expected reduction of about;'$8,000. He detailed the 'intended distribution which would allow $2,000. to H.O.P E. and $1000 for operation School"Bell and still have enough funding to allow for an appropriate level of service at the Senior Center. He a plamed that he does not want to reduce personnel or shorten the,number'of days and felt that the Senior Center should be used to its fullest extent. iI I PAGE SEVEN' - -CITY COUNCIL MINUTES - FEBRUAR`Y 11 1997 Councilwoman i3rinley questioned the total i`qr the GePt�; w}th this distribution. ,Mayor Pape stated that it would c, eto approximately $70,000 with all the support fiunding. Mayor Pro Tem Kelley commented that this would include the grant from the Office on Aging. Councilwoman Brinley commented that Ms. Tate does a great job and noted that her job is very complicated and she does it very well.. She stressed the level of services that is provided and the amount of organization that is required to maintain the Senior Center. She recognized' Operation School Bell and stressed that they had received no funds last year and noted the type of service that they provide to the community. She further recognized H.O.P.E. and noted the need to support their organization and pointed out the good work that they do and felt that it would be appropriate to allocate $2,000 per each to assist those programs. Councilman Alongi stated that there is no question about the employee, but rather the question presented here is the fact that these are Federally funded grants and are not meant to be used for one specific use. He stated that he was disappointed with the Study Session on this topic since he felt that they had received no clear answers in regard to what a $10,000 reduction would mean to the Senior Center. He further stated that every time this comes up, none of Council wants to face making these decisions. He recognized all of the people that volunteer their time to different organizations and noted that the Senior Center has received quite a bit of benefit from these funds, however the Council had a Study Session and agreed to fund $5,000 to H.O.P.E. and $5,000 to the School Bell Program and he wished that they could have broken it down a little bit more to assist all the programs that service Lake Elsinore. Councilman Alongi stated that taking $141,000 of these funds for the parking lot is not necessary. He further stated that he does not see why the parking lot cannot be just paved and stripped with half the money, and the other half be put into the City streets and sidewalks. He stressed that these are Government funds that are contributed to by every person in this community and there is a need for sidewalks for children and senior citizens to walk to school on. He stated that there are a lot of areas like that which need attention and $70,000 would go a long way to address that issue. He explained that this program does seem to make Council pit the Senior Center against H.O.P.E. and School Bell and he certainly does not like to make those choices and neither does the rest of Council. He further noted that he went to the Senior Center to talk to the seniors about 218, because it will have a major effect on them and possibly it would be a good idea to go to the community to set a fund for the Senior Center to allow the City to release the C.D.B.G. funds for other projects. City Manager Molendyk concurred with Councilman Alongi regarding an assessment to give the City a revenue stream to address the Senior Center. He noted however, that the bulk of the $196,000 that is being discussed must be used for public works projects and the City is limited since the funds ,cannot be used throughout the entire City and can only be used in the target PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY, :11, 1997 area; or the census area that qualifies in income level. He noted that it restricts the City in making improvements to the immediate downtown area. He noted that due to the shrinking revenue sources the City has used the C.D.B.G. funds to supplement the funding of the Senior Center and in April when the budget was set it was indicated to the Senior Center Board that the full amount of money would be avail la to them for the Senior Center and there was no discussion in regard to the other Non-profit Organizations. He noted that it is Council's decision i regard to the allocation of funds. Mayor Pro Tem Kelley clarified that when this issue was discussed in Study Session, the Senior Center had received $40,784 last year and the discussion had been centered around the same amount or slightly higher and the short fall this year is coming from the County side. She explained that what is under consideration is making up that shortfall from the County side. She stated that she wished that they could fund all the Non - profits and it is a very tough decision to decide which ones get funding, because they are all very valuable. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO FUND THE PUBLIC WORKS PROJECT FOR SWICK/MATICH PARK IN THE AMOUNT OF $144,556; AND FUND THE PUBLIC SERVICE PROGRAMS IN THE AMOUNT OF $47,798 FOR THE SENIOR CITIZEN CENTER; $2,000 FOR H.O.P.E.; AND $2,000 FOR THE ASSISTANCE LEAGUE, OPERATION SCHOOL BELL. 11 L' 1Vl.7 r ULLL' L.r 1lV1VI I IIE l..V1' ar' 11I I %-11] PZIXUTAM 1. Minutes (F44.4) a. Regular City Council Meeting - January 14, 1997. Dick Knapp, City Treasurer, went over the January 14th agenda; with regard to page 10 of 20 and his comments. He' indicated that he believed it should have read issuance fees; and noted comments later in the minutes. He addressed page 19 of 20 and commented on Mr. Harper's comments on his statement. He advised that he went through the tapes and did not say Mr. Harper was getting $400,000; but said "and his friends ". He noted Mr. Harper's request for apology; and indicated that he did not call, because he wanted more figures. He indicated that after hassling with the $14 million problem, misinformation and extensive questioning of Bob Boone and others, he finally does have some figures. He indicated that he would provide statements to the press and there would be no apologies. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE' THE MINUTES OF JANUARY 14, 19979 AS PRESENTED. 5. Provosed Fees for Rental of Dian Resolution No. 97-5. (F:134.10) f f J PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY, :11, 1997 area; or the census area that qualifies in income level. He noted that it restricts the City in making improvements to the immediate downtown area. He noted that due to the shrinking revenue sources the City has used the C.D.B.G. funds to supplement the funding of the Senior Center and in April when the budget was set it was indicated to the Senior Center Board that the full amount of money would be avail la to them for the Senior Center and there was no discussion in regard to the other Non-profit Organizations. He noted that it is Council's decision i regard to the allocation of funds. Mayor Pro Tem Kelley clarified that when this issue was discussed in Study Session, the Senior Center had received $40,784 last year and the discussion had been centered around the same amount or slightly higher and the short fall this year is coming from the County side. She explained that what is under consideration is making up that shortfall from the County side. She stated that she wished that they could fund all the Non - profits and it is a very tough decision to decide which ones get funding, because they are all very valuable. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO FUND THE PUBLIC WORKS PROJECT FOR SWICK/MATICH PARK IN THE AMOUNT OF $144,556; AND FUND THE PUBLIC SERVICE PROGRAMS IN THE AMOUNT OF $47,798 FOR THE SENIOR CITIZEN CENTER; $2,000 FOR H.O.P.E.; AND $2,000 FOR THE ASSISTANCE LEAGUE, OPERATION SCHOOL BELL. 11 L' 1Vl.7 r ULLL' L.r 1lV1VI I IIE l..V1' ar' 11I I %-11] PZIXUTAM 1. Minutes (F44.4) a. Regular City Council Meeting - January 14, 1997. Dick Knapp, City Treasurer, went over the January 14th agenda; with regard to page 10 of 20 and his comments. He' indicated that he believed it should have read issuance fees; and noted comments later in the minutes. He addressed page 19 of 20 and commented on Mr. Harper's comments on his statement. He advised that he went through the tapes and did not say Mr. Harper was getting $400,000; but said "and his friends ". He noted Mr. Harper's request for apology; and indicated that he did not call, because he wanted more figures. He indicated that after hassling with the $14 million problem, misinformation and extensive questioning of Bob Boone and others, he finally does have some figures. He indicated that he would provide statements to the press and there would be no apologies. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE' THE MINUTES OF JANUARY 14, 19979 AS PRESENTED. 5. Provosed Fees for Rental of Dian Resolution No. 97-5. (F:134.10) f PAGE NINE CITY COUNCIL MINUTES - FEBRUARY -11, 1997 Mayor Pro Ter Kelley indicated that she pulled this item to compliment staff on the wonderful job done on this report, with complete details. She noted that the fees are very reasonable and she believes we will see increased use of the facility. Councilman Metze questioned the City Attorney on Item #5 and #6. He questioned the area on the Resolutions which shows "Approved As to Legal Form" versus "Legal Form and Content" and asked if all of the documents should read form, legality and content. City Attorney Harper explained that it should read "APPROVED AS TO FORM AND LEGALITY ". He noted that content is often outside the scope of his limits. He explained that if he is not directly involved in the document, it should read "Form and Legality" only. He fiuther explained that those two things are virtually the same and noted that this if the format of the resolution is correct as well as' correct under the law. Councilman Metze asked why they state different. City Attorney Harper stated that it depends on who typed the resolution. He stated that he does not review them in advance of the Meeting, but it does depend upon the circumstance. He noted that with routine resolutions, he does not review them in advance of receiving the Agenda documents. Councilman Metze stated that he felt that "content" should be standard. City Attorney Harper noted the resolution addressing day use fees pass and residential fee; he stated that he could certify that the document is legal, but he cannot certify if the fees stated are an appropriate fee. Councilman Metze questioned if these fees are properly worded. City Attorney Harper stated that yes, that is what is meant by Form and Legality. Councilman Metze asked what "Content" meant. City Attorney Harper stated that content means that the substance of the document is correct, and that he may or may not know that. He explained that generally in most of the resolutions, the substance are within the knowledge of the staff who are responsible for preparing the document. He noted that $50. Per vessel is worded fine, but he does not do the calculations to determine whether or not $50 per year per vessel is appropriate as opposed to $55 as opposed to $45. Councilman Metze stated that is not the point that he was trying to make. City Attorney Harper stated that maybe content and legality for our purposes are the same thing. He stated that what this is, is a form of semantics and that what form and legality encompasses is what Councilman Metze means as content. Councilman Metze clarified that content and legality mean the same thing to you. City Attorney Harper confirmed. He stated that the way the feeds structured, when he signs it, it says yes you may legally assess a fee and that the form in which it was done it is correct. He made note of the LEAF contract which has all kinds of inter- relationships among staff and who does what, and those kinds of things and while he reviews it for things like ambiguity,he does not review the substantive relationship. Councilman Metze noted that he has seen different verbiage on different documents, and as a standard it should read "APPROVED BY " and as the City Attorney you are just doing it as to form, legality, and content. City Attorney Harper explained that his responsibility is Form, Legality, and PAGE TEN - CITY COUNCIL MINUTES FEBRUARY 11, 1997 Content as Councilman Metze defines content and even if it said nothing there, his signature would mean that: MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION 97 -5 INCLUDING ALL FEES, APPLICATIONS, RULES AND PVGULATIONS AS RECOMMENDED BY STAFF. 6. Lake Annual Use Pass Fee Review Resolution No. 97 -6. (F:92. 1)(X:64. 1) City Manager Molendyk explained that this item was reviewed in the Study Session of February 4, and noted the concern with residents vs. non - residents from outside the City limits. E-. stated that upon Council review it is staff s recommendation to approve and pass Resolution No. 97 -6. Assistant City Manager Watenpaugh explained that at the Study Session the issue of comparability between the City and County resident fee versus the cost itself. He noted that a compzrr,son was made of the fees with the reduction of what the City residees are Oready paying. He stated that City residents support the Lake through LLMD and the General Fund. He gave an overview of the funding sources. and the financial obligations to the City for the Lake. He noted that this does sot include the legal fees for pending lawsuits and the JPIA' insuran,„ e and the depreciation on the new boat launch facility, He explained the comparison and differentiation between the two. City Manager Molendyk further 61_a- -*ified the differentiation between the City and ,County'residents cost. Pete Dawson;' 18010 Grand Aven: °, thznked staff for the explanation of the fee structure; He noted that the reduced fee will result in an increase in permits and therefore the revenue,. TT_ ; expressed con-.ern regarding the inequities and noted that there 01.: --'_1 b- support for this change based on the explanation: H-, Thanked Co= r „-' st .ff for their u. ^d- rstanding and explanation He explained 62t t1nr i:, a long road zhezd for the Lake and stressed the need to work togeth: r to accceed in improving the lake. He stressed the need for sincere effo -Aand good will with those across the Lake. John Seepe; Half Moon Drive, commended Community Services Director Sapp, Assistant City Manager Weenpaugh and Council for their effort to benefit all the persons who use &l' Lake =d thanked them for all the effort that! it took to bring this Resolptioa forward. He stated that he has a concern regarding a conflict regarding fines fcr th.'verbiage regarding fines which states "sailboat' and should read "unpowered ". He stressed the need to change the verbiage to 'support conformance. Councilwoman Brinley, questioned what; the fine was if someone was caught on the Lake without'a permit. Councilman'Metze stated that it is $236. Councilwoman Brinley noted that Mr. Dawson had suggested4hat to encourage ,those people cheating on the Lake'to raise the fine. She suggested PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 11, 1997 I that the fine should be addressed and increased to cover the cost if the City staff has to go to Small Claims Court to collect for processing.- She stressed that we need to address this issue. Assistant City Manager Watenpaugh stated that this had been addressed at the Study Session and it will have to be brought back at a later date because there are some things that need to be worked out with the City Attorney to allow the City to enforce and collect these fines. Councilwoman Brinley stated that she wanted to see this issue regarding fines for illegal Lake Use brought up in the future for further discussion to set a reasonable fee. Assistant City Manager Watenpaugh thanked Councilwoman Brinley for the reminder. Councilman Metze addressed Mr. Dawson's concern regarding the difference in cost and stated that it should be presented to the people in the County that use the Lake that the assessment that the City residents pay is levied against all dwelling units in the City and not just the boaters. He pointed out that the City is still paying more. Councilman Alongi stated that the $21.56 per EDU is for every property owner and he felt that because of that all persons who live in the City should be able to use the Lake free of charge. He questioned the cost of insurance on the Lake. Assistant City Manager Watenpaugh - indicated that we are currently paying $80,000 for the Lake and Stadium, but the amount will increase due to the number of claims and the required deposit on the claims. Councilman Alongi questioned the cost of police for the Lake. Assistant City Manager Watenpaugh stated that the operation cost is addressed as part of the LLMD fund and cost for police is $144,000 and is paid through the revenue generated by the Lake in user fees. Councilman Alongi stressed the need for the residents to understand what it costs to operate the Lake if there were no income, so that they can understand the exact cost to the City for this item. Assistant City Manager Watenpaugh noted that the costs presented are the actual amount that the residents pay to supplement the cost of the Lake. Councilman Alongi stated that the point he is trying to make is how much of the user fee is generated from the residents in the City and noted that there is no extra cost to the County side. He stated that he doesn't see how the City can cut the cost of fees by 50% because if the revenue goes down, then the City residents will have to pick up more of the cost to operate the Lake. Councilman Alongi stated that he felt that the County residents should not be reduced at all and that it is unfair for the City residents to pay for the County residents to use the Lake. He doesn't feel that any fee should be reduced for the County until Council sees what will happen this up- coming year. He stressed that he does not agree with a reduction of fees for someone who is not supporting the Lake. Mayor Pro Tem Kelley commented that there were three options for the Lake fees as a result of committee meetings with the City and County residents. Assistant City Manager Watenpaugh agreed. Mayor Pro Tern Kelley stressed that the fees have been discussed extensively and that a reduction of fees will encourage more use of the Lake and encourage people not to cheat. She PAGE TWELVE - CITY COUNCIL MINUTES - FEBRUARY 11, 1997 noted that she felt that this was a e approach and that the Lake is in great condition. She stated that that staff has done a wonderful job. MOVED BY BRINLEY, SECONDE KELLEY AND CARRIED BY A 4 TO 1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE OPTION NO.3 WITH MODIFICATIONS AND THE COST OF FINES FOR LAKE CITATIONS TO BE REVIEWED BY THE CITY ATTORNEY. 7. Assessment District 89 -1 Delinquency. (F:22.3) 8. Community Facilities District 91 -2 Delinquency. Councilman Alongi indicated that he would be voting no on both of these items. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO AUTHORIZE AN ADDITIONAL $309000 LOAN FROM THE CITY'S GENERAL FUND RESERVES TO THE DEBT SERVICE FUNDS OF AD 89 -1; AND AUTHORIZE A LOAN OF $25,000 FROM HE CITY'S GENERAL FUND RESERVES TO THE DEBT SERVICE FUNDS OF CID 91 -2 TO COVER THE FINAL FORECLOSURE COSTS. THE CITY COUNCIL MEETING WAS RECESSED AT 8:34 P.M. THE CITY COUNCIL RECONVENED AT 8:35 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Edith Stafford, 54 Elm Street, indicated that in view of the fact that the City has given the School District the opportunity to make a presentation on elections, it would be requested that the City give all interested citizens the same opportunity. She noted, a flyer from the elementary school asking children to approach 3 or more registered voters to vote on the bond election; and stressed her right to address any topic under public comments. She further stressed that the District is asking young children to go door to door, and take the absentee ballots to school with them. She indicated thabher, grandchildren <will not participate in the program, and stressed the danger for the children. She indicated that this was just another sneaky manipulation to get what they want no matter what. She indicated that there is no opportunity for the opposition to speak. She stressed her outrage and suggested that parents not allow their children to participate. Mayor Pape suggested that she present her concerns to the School Board as well. MarianaMohylyn; 305'W. Sumner, noted governmental practices during World War 11, and noted that she was not allowed to speak at the last meeting. She indicated that the time allottd is insufficient for comments. She further indicated PAGE THIRTEEN- CITY COUNCIL MINUTES - FEBRUARY 11, 1997 that it was inappropriate to have citizens removed from the podium. She commented that it was a right to monitor the actions of the Council and respond the them. She suggested evaluation of the level of service provided and the ability to exercise rights. Chris Hyland, 15181 Wavecrest, indicated that the manipulation and scare tactics, as used by the City and School District, are amazing to her. She noted threats to cut police and fire and pothole patching, and indicated that she has heard no suggestion of reducing high ranking officials salaries, such as that of City Manager Molendyk. She noted his assistants and suggested that the Council take a hard look at staffing. She further noted that run away spending and the stadium are not being considered. She commented on the School District flyer for a registration drive and noted the offer of an ice cream party to promote the registration drive. She indicated that the next campaign will be against the initiative, with Citizens Opposing Public Spending. Ace Vallejos, 15231 Cobre, brought it to the attention of the Council that the County charges $7,800 per dwelling unit for school mitigation fees; and noted the City fee for schools and the total number of permits issued. He calculated that the fees were underpaid and expressed hopes for an agreement between the County, City and School District on this matter. CITY MANAGER COMMENTS City Manager Molendyk commented on: 1) Explained that as a result of 218 and other lost revenue staff has been meeting with a citizens committee to address revenue and expenditures. He indicated that it has been an objective group who will come to Council with a recommendation on February 25th. He noted that this is an opportunity to come up with a financial strategy plan on financing in cooperation with the citizens committee. He noted the changing priorities for services over the next few years, and stressed that it will be left up to the Community to determine what the residents want. CITY COUNCIL COMMENTS City Attorney Harper responded to Mr. Vallejos and indicated that The City does not levy school fees, as there is a statutory fee of $1.84 per square foot. He further indicated that there is an ongoing dispute between developers and the School District with regard to the legal ability to assess more than the statutory amount. Mayor Pro Tem Kelley commented on the following: 1) Reminded the public !of the Library input meeting tomorrow night at 7 p.m. at the Cultural Center. She stressed that they are looking for input from all ages and all areas. She indicated that the final report should be available near the .end of February. 2) Thanked Chris Shackleford for distributing information about the City at the boat show. 3) Advised that the first FIT project which will be done on Limited and encouraged public participation. 4) Wished everyone a Happy Valentine's Day. Councilwoman Brinley commented on the following: 1) Responded to comments regarding the Council, and noted that she has only -sat on the Council for one year as of December 5th. She further noted the obstacles and hurdles which faced the Council. She stressed that the Council knew there were financial problems and hired an expert to reorganize the bond pool and refinance the Stadium. She noted that the City now has three years to go out and encourage economic development. She further noted that the Council hired a professional team to address the sports issue and make the Stadium something more than a white elephant. She stressed the importance of flexibility in the contract to allow for additional programs at the Stadium; and indicated that the Council hired Deloitte and Touche to work it out. She stressed that the Council is making commitments to make everything work out. She further stressed that they have made tough cutbacks and done the layoffs. She commented that the Council hired Rod Gunn to assist with the process. She noted the newspaper coverage of the bonds before the fact, but commented that after the bonds were sold there were no articles to announce that. She stressed the efforts to stabilize the City, and expressed sorrow that there is not enough to give funds to every organization that needs assistance. She concluded by indicating that she hoped to leave her post with Lake Elsinore finances in the black, and stressed that the Council has made progress. Councilman Alongi commented on the following: 1) Noted the Study Session on CDBG funds and the collective agreement reached between the Council to give the Senior Center $41,978, H.O.P.E. $5,000 and Operation School Bell $5,000. He expressed concern that the numbers ere now $2,000 for HOPE and School Bell. He commented that the County reduced the funds for the Senior Center, not the City of Lake Elsinore. He indicated that it is not right to have a Study Session, if the Council is not going to abide by it.: He detailed the Staff recommendations based on the study session, and indicated that the Senior Center funding is a political decision. He indicated that with regard to Proposition 218, it is an important vote for PAGE FIFTEEN - CITY COUNCIL MINUTES - FEBRUARY -11, 1997 the City. He stressed that Proposition 218 is about services paying their own way, and it is possible to make it work to our advantage to afford programs. 2) Noted his removal from Riverside County Habitat Conservation Agency Board and commented on the recent discovery of an ambrosia plant near the Outlet Center. He stressed that the proponents are very strong. He noted an interesting comment from the Mayor, that he was not sure of the impact on the Nichols Road work; and indicated that it will make a tremendous impact on the project. He also noted that with regard to someone calling us, there is no plan in the Northpeak area, as it has not yet been accepted. He stressed the importance of knowing what is happening with the Agency and the Plan, and not making decisions based on who we like. 3) Announced the loss of his long time family friend, Dexter Armstrong, and advised that there will be a Memorial on Thursday night in Wildomar and one in Orange on Friday. He expressed hopes that people would join in to honor him, as he has done a lot for the churches in the area; and is one of the main contributors to the First Assembly of God on Grand Avenue. He noted that he will never measure up to Mr. Armstrong's standards. Councilman Metze had no comments. Mayor Pape commented on the following: 1) Suggested that the School District televise their meetings. 2) Expressed Get Well wishes to Howard Barnes and Fred Dominguez; and noted that he spoke with Mr. Dominguez today and he is doing well. 3) Thanked Chief Walsh and Lowanna Maxwell for putting together the Cops Corner in the Sun Tribune. He noted that he called Chief Walsh one day with the idea and within a week there was a new column to run on a weekly basis. 4) Announced that the bond closing went well and reduced the inte- est rate from 9.25% to 7.15 %. He noted that it was nice to work with professional attornies; bond brokers, etc.; and they did a fire, ob fo • the City. He commented that the City is facing financial challenges end Council has addressed the main issue, which is step one in solving the problems. 5) Noted that it was positive to reduce Lake fees and hoped for an increased level of compliance and revenues. He expressed hopes that the public would agree that the fees were fair and equitable. PAGE SIXTEEN - CITY COUNCIL MINUTES - 'FEBRUARY 11, 1997 6) Noted the article on Multi - species referenced by Councilman Alongi. He indicated that only part ;of his comments were included, and he was not aware of the impact at that time. He noted that he has since learned that the Ambrosia of grows in very wet areas, so it should not impact the expansion as, sed. He firther indicated that Northpeak is working on a mutt= species program and have expended much energy in that area; and it is hoped that they could set aside property for everyone's benefit. CLOSED SESSION a. Pending Litigation, -,Lake Elsinore Associates-- Case No. 200767. b. Potential Litigation - L.E.R.A. C. Pending Litigation - Spectrum Group d. Potential Litigation - Quantum Entertainment e. Personnel Matter. THE REGULAR CITY COUNCIL MEETING ADJOURNED TO CLOSED SESSION AT 9:05 P.M. TO DISCUSS THE ABOVE LISTED ITEMS. THE CITY COUNCIL MEETING R.rCONVENED AT 10:55 P.M. NO ACTION TAKEN. ADJOURNMENT THE REGULAR CITY COUNCIL 1055 P.M. /EVPT f'7. ??APE, MAYOR CIT`.I O T. k!a ELSINORE WAS ADJOURNED AT ATTEST: "7ICK1 KA.41 CITY CLERK C 17 OF'..AY L, ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 25, 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze. INVOCATION a. The Invocation was provided by Father Rudy Gil. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, City Engineer O'Donnell, Police Chief Walsh, Fire Chief Seabert, Assistant to the City Manager Best and City Clerk Kasad. PRESENTATIONS a. Presentation - Report by Chamber of Commerce. (F:108.4) Tom Thomas, President, Lake Elsinore Valley Chamber of Commerce, provided an update on Chamber of Commerce activities and provided dates for upcoming events. He announced that beginning on March 27th, the Chamber Newsletter will appear in the Sun Tribune newspaper, and expressed appreciation to the Sun Tribune Staff for their assistance. He announced the Annual Chamber Meeting on April l st, the Annual Casino night on April 5th and the Student of the Year Recognition on June 11th at the Diamond Stadium. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 discussions: Item Nos. 9, 31, 32, 33 and 34. CONSENT CALENDAR ITEMS The following items were pulled for further discussion and consideration: Item Nos. 8 and 9. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - January 28, 1997. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - February 5, 1997. (F:60.3) C. Design Review Committee Meeting - February 5, 1997. (F:60.4) 2. Ratified Warrant List for February 14, 1997. (F:12.3) Rejected and referred to Claims Administrator the Claim Against the City submitted on behalf of Lake Elsinore Recreation Area, Inc. (CL #97 -2). (F:52.2) 4. Received and ordered filed the Monthly Report on the State C.O.P. S. Grant. (F:84.8) Adopted Resolution No. 97 -7, approving Request from Southern California Association of Governments. (F:108.12) RESOLUTION NO. 97-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ENDORSING THE PLANNED "CALIFORNIA FIRST" STATE LEGISLATIVE LEADERSHIP SUMMIT. 6. Adopted Resolution No. 97 -8 - Approving the Application for Grant Funds from the Used Oil Recycling Block Grant Program to Develop and Maintain a Used Oil Recycling Program - Used Oil Block Grant Fifth Cycle. (F:84.1) RESOLUTION NO. 97-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 LAKE ELSINORE, APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA USED OIL RECYCLING BLOCK GRANT - FIFTH CYCLE TO CONTINUE THE DEVELOPMENT AND MAINTENANCE OF USED OIL RECYCLING PROGRAMS. Adopted Resolution No. 97 -9 relating to a Stop Sign Controlled Intersection - Lash/Dryden Streets. (F:162.2) RESOLUTION NO. 97-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS - LASH/DRYDEN STREET. PUBLIC HEARING 21. General Plan Amendment (GPA) 97 -1 and Zone Change (ZC 96 -3: A Change of the General Plan Land Use Classification of Six Parcels Fronting on Camino Del Norte Approximately 2000 Feet South of the Intersection of 2nd Street from Neighborhood Commercial and Future Specific Plan Area "G" to General Commercial, and a Change of Zone from R -1 (Single - Family Residential) and M -1 (Limited Manufacturing) to C -2 General Commercial) - Missing Link Investors H. (F:83.2)(X:172.2) City Manager Molendyk explained this request for Zone Change, and detailed the location. Community Development Director Leslie further added that this proposal started as a Zone Change request only to bring it into compliance; and City staff suggested to the property owner that the General Plan amendment might be more appropriate and the application was modified. Mayor Pape opened the public hearing at 7:13 p.m., asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:13 p.m. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE MITIGATIVE DECLARATION 97 -1, APPROVE GENERAL PLAN AMENDMENT 97 -11 ZONE CHANGE 96 -3, ADOPT ORDINANCE NO. 1027 AND ADOPT RESOLUTION NO. 97-10 BASED ON THE FINDINGS LISTED BELOW: RESOLUTION NO. 97-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 THE LAND USE MAP OF LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1997. ORDINANCE NO. 1027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE ZONING OF AN AREA FRONTING CAMINO DEL NORTE APPROXIMATELY 2000 FEET SOUTH OF THE INTERSECTION OF 2ND STREET FROM R-1 (SINGLE-FAMILY RESIDENTIAL) [HPD] AND M -1 (LIMITED MANUFACTURING) TO C -2 (GENERAL COMMERCIAL) - ZONE CHANGE 96 -3: CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Second Reading - Ordinance No. 1026 - regarding Temporary Uses. (F:67.1) Mariana Mohylyn, 305 W. Sumner, indicated that she is pleased with this ordinance, but questioned the timing between events and the number of 30 days periods which would be allowed. She suggested the inclusion of verbiage which would clarify what can happen the rest of the year. MOVED BY ALONGI, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1026: ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING THE EXISTING CHAPTER 17.98 ( "TEMPORARY OUTDOOR ACTIVITIES ") IN ITS ENTIRETY AND ADDING A NEW CHAPTER 17.98 "TEMPORARY USES" (ZONE CODE AMENDMENT [ZCA] 97 -2). UPON THE FOLLOWING ROLL CALL VOTE: PAGE FIVE - CITY COUNCIL MINUTES- FEBRUARY: 25, 1997 AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Revenue and Services Task Force Report/Ballot Measure - Resolution No. 97 -11. (F:72.2) Mayor Pape noted several requests to speak and reminded the speakers of the three minute time limitation. City Manager Molendyk stated that he was asked by the Task Force to present an overview, on this item and noted that there are six main speakers from the Task Force that will provide information. He read portions of the Staff Report and highlighted what the LLMD currently provides. He explained that the Task Force and staff discussed all the financial issues of the City and detailed information was provided during the three Task Force meetings. He emphasized that there is no funding mechanism for parks and detailed the losses and cuts for fiscal year 1996/97 as well as fiscal year 1997/98. City Manager Molendyk gave an overview of the proposed use of funds for a total of $2.8 million and noted the findings of the public survey. He commented on the intent of Proposition 218 and pointed out that it is being said that the City is making threats to close the parks. He reminded the public that the funds from LLMD do maintain the parks, and with no revenue source those parks will have to be closed. He explained the role of the Joint Powers Insurance Authority and the requirements of that Agency. He noted that if those standards are not maintained, then the City would need to close the parks as of July 1, 1997. Assistant City Manager Watenpaugh read the following letter from the Southern California Joint Powers Insurance Authority for the record: February 8, 1997 Dear Ron, In light of the upcoming proposition 218 election in Lake Elsinore and the uncertainty of the election's outcome, you have raised a question about liability in the event the election does not return existing revenues to the City. Specifically, you inquired about maintenance of parks by non -City personnel. We also discussed by telephone the issue of closing parks for which there are no maintenance and improvement funds. You asked that I forward our recommendations to you in PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 writing, these recommendations are made without first hand knowledge of your specific situation and without having visited each possibly affected park for individualized recommendations, and are therefore general in nature. Maintenance of Parks by Others: The City is liable for injuries to others on City property, regardless of who does the maintenance, unless that risk is contractually transferred and properly insured. The risk of injury to others or their property on property open to the public is a reality. Additionally, that risk will, with certainty, periodically result in injury or property damage for which the injured party will seek monetary damages. This is a cost of having open parks. It is also a cost that can be transferred contractually. As a rule of thumb, the lower the level of maintenance, the higher the risk of injury. We would not recommend that the City have all of the liability and no control over the maintenance, repair, and improvement of the parks. If the public does not see fit to provide the funds for operation of the parks, and maintenance is assumed by others, we would recommend transfer of the risk of injury and damage to the entity which takes over maintenance of the park. Presumably, if you cannot afford to maintain the parks, you cannot afford to compensate individuals who are injured while using the parks. Transferring risk should be done contractually; it should include appropriate indemnity clauses (we can provide suggested language for review by the City Attorney) and an enforced requirement for adequate insurance from an admitted well -rated carrier. Closing Parks In the unfortunate event that it becomes necessary to actually close parks because of lack of funds and inability to transfer the liability for operation of the parks, we would recommend taking steps to minimize your risk to the greatest extent feasible. Risk minimization could take a number of forms. For example, you might be able to sell or give the parks away to an entity that would retain them as a well maintained resource, e.g., to the County. Although there are legal "hoops" to jump through, it might also be possible to sell the parks for development which would generate much needed revenue to the City. Please consult with the City Attorney in that regard. If you are not able to eliminate your risk by transferring the parks to others, various steps should be considered to minimise risk Because the parks would not be maintained, dangerous conditions would ultimately develop from use without maintenance. Dangerous conditions can be minimized by removing all bodies of water, all play PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 equipment, e.g, backstops, dugouts, swings, slides, etc., and all other fixtures which attract people, e.g., tables, benches, restrooms, etc. Ultimately, the safest thing to do might be to remove all of the improvements, level the ground, and fence the property. Say It Ain f So I hope that this appropriate consideration by the City of various scenarios, in the event the election question does not pass, is soon relegated to the category of an unneeded contingency plan. If the people say, in essence, that they do not want to pay for parks, we will try to assist with risk management recommendations based upon a visit to the parks and an understanding of the ultimate funding situation. Please call if we can help. I extend my hope to you and the community that beauty will be maintained in the parks, that rest will be available in them, that laughter will continue, that cheers will be heard, and that games will be played as they have for so many decades in a City that has seen and grown beyond difficult times before. Sincerely, William Holt, Executive Director City Manager Molendyk noted questions regarding the City Attorney's position on a General Tax. City Attorney Harper explained that the City is faced with a situation which is largely uncharted territory. He noted both sides are looking at prior law, particularly Proposition 13, which raises the question of excise tax versus property tax. He noted a case in Oakland, California and cited the distinction between excise tax and property tax and the difficulty in distinguishing the difference. He explained that in Oakland the proposal was not an excise tax, but rather a property tax since there was no attempt to apportion the tax by uses of properties. City Attorney Harper explained that there is no absolute, but there is no case which makes a definitive decision that what is proposed is an excise tax. He further explained that there are a couple of way of being certain of the outcome: 1) No challenge under Proposition 13, by a 2 /3rds vote; and 2) an Excise tax such as the Utility Users Tax which Jarvis -Gann would most likely concur that they are admissible. He stated that another option is to do nothing, but that is not feasible for this City; therefore that leaves the two options: Adopting by a 5 -0 vote a determination that an emergency exists and placing the issue on the June Ballot; or approaching the issue as an excise tax, which requires under Proposition 218 a majority vote of 50% + 1. He stated that there are no absolutes, but he feels comfortable as some others do that this is an excise tax. He noted an article in The Californian Newspaper that quoted PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 a City Attorney that did not agree with his opinion, but he did not want his name used in the article. City Attorney Harper stated that he feels very strongly that based upon the only case cited on the issue, the tax proposed to this City Council is an excise tax and will sustain a legal challenge. He noted that because of the emergency situation in this City, there is the potential that an election in June before any other city and will draw attention to Lake Elsinore. City Manager Molendyk noted that the Citizen's Committee has wrestled with the questions and has tried to deal with the issues that the City faces and will provide a report regarding their findings. Mayor Pape noted the discussion of the excise tax is a flat rate tax and is not based on the value of the property. He noted the six different property categories as proposed. Joyce Hohenadl, 27 Corte Palazzo, Chairwoman of the Task Force, stated that she served as Chair of the Revenue /Services Task Force. She recognized the membership of the Task Force and thanked staff for their hard work. She noted that no one likes taxes and that proposing a tax increase is a form of political suicide, however Council turned this issue over to a Task Force and they have been meeting for the last month. She stated that they have learned of the impact of revenue losses and gave an overview of those areas as well as suggestions of what the City could do to raise revenue. She read the Task Force's recommendation to the Council as follows: The Revenue and Services Task Force recommends the City Council adopt a resolution for a proposed ballot measure relating to the imposition of a general excise tax and declare an emergency related thereto. The Task Force recommends a total general tax of $2.8 million be collected in a fair and equitable manner. The Task Force further suggests that an ongoing method of citizen communication and notification be established to increase awareness of City efforts to effectively manage budget and service levels as prioritized by City residents. Tom Thomas, President of the Chamber of Commerce, 33285 Ortega Highway, property owner, businessman, community member and Task Force member, commented that he did not want to see the community go backward. He stated that it is no secret that there is a revenue shortfall and there is a need to address this issue. He noted that this is not a good position for the community to be in. He advised that this year the shortfall will be $650,000 directly impacting park maintenance, as well funding taken away by the State which must be replaced. He fiuther advised another area is the reduction in property taxes, and explained that this is double edge sword which impacts the City in the long run. Mr. Thomas explained that with General Fund PAGE NINE CITY COUNCIL MINUTES- FEBRUARY25, 1997 monies which must go to the RDA there is a loss of $848,000. He stated that this is a total of $2.5 million or to a 20% reduction. He observed that not many businesses with a 20% reduction in revenue could continue to provide same services. He explained that he does not want to see services diminished and noted that the biggest issue is funding. He stressed the need for a 5 -0 vote to allow the citizens the right to vote on this issue. Mary Venerable, 29400 3rd Street, member of the community, businesswoman, property owner and member of the Task Force, stated that the decision to recommend an excise tax did not come easily. She stated that there had been suggestions to downsize and cut the fat out of the budget. She stated that after review of the data, and asking probing questions it was disclosed that all of that had already been done. She stated that over the last five years the City has grown approximately 25% and there has been a 25% reduction in staff. She noted that there is a smaller staff, but the City's efforts and activities have been for a larger City. She noted that the City has privatized nearly every service and has made use of contract personnel in order to cut cost. She explained that the Task Force believes that the City needs staff to provide services which are infeasible to contract for and to administer the contracts the City already has. Ms. Venerable stated that her role this evening is to show her support of the recommendation and to keep the Task Force intact. She stressed the need for a yes vote in June. She stated that without any revenue measure the City cannot sustain itself to the expectations of the community. She suggested that the City divide itself into five districts to better allow the Council the ability to address issues in their districts to better inform Council and restore accountability and credibility. Mike Mena, 315671 Willow View Place, Task Force Member and home owner, stated that he was extremely concerned with the services the City could loose without this measure. He noted that it would mean the closure of parks due to the liability, if the parks are not maintained. He stated that it would create a significant problem for the youth with no place to go for supervised activities. He explained the importance of juvenile diversion programs as well as other essential services such as the police, the library, Senior Center, Cultural Center, Community Center and maintenance of public facilities. He further explained that no one likes higher taxes, but everyone who moved to Lake Elsinore choose to do so for a safe and clean community. Mr. Mena explained that after working with the Committee for the past month, he can assure the public that there has been a thorough review of the revenues of the City and he has learned that we must all work together. He stressed the importance of the parks and the fact that people have moved to Lake Elsinore for those same parks with the beauty and quality of life that this City has to offer. Phil Williams, 30365 Ainsworth Place, Task Force Member, representative of the Lake Elsinore Valley Soccer Club and Lake Elsinore Girls Softball, stated that he felt that the first priority should be the children of the community. He _ PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 . gave an overview of the participants in the valley for a tournament in one weekend and the amount of revenue that they could generate with the local business people. He noted that the amount of revenue generated in a one year period is approximately $1.4 million. He stressed the contribution of funds to the local economy and the major side benefit of keeping our youth active and not involved in negative activities. He noted that the youth activities involve approximately 2,000 children and their families. Mr. Williams requested consideration of the Task Force's recommendation. Ralph Ferro, 29056 Forestview, Task Force Member and concerned citizen, explained the arithmetic of the requested tax. He noted that the excise tax is asking for $84, but at this time the local tax is reflecting an average of $38 for LLMD; and therefore would only be an increase of $46 more than what is currently on each resident's tax bill. He explained that the increase breaks down to $3.85 per month. Mr. Ferro detailed the losses to Proposition 218 as well as the loss of State funds and County Property Assessments. He explained the grave loss the reassessment of property has caused the City and noted that the average reduction in property tax to each City homeowner is approximately $400 per year; and the City is only asking for $46 back from the $400 reduction. He stated that the property owner is still coming out ahead and in the process will bail out the City and preserve the quality of life. Donna Franson, 7 Villa Valtelena, Task Force Member, stated that the Members of the Task Force have examined the financial status of the City very closely and explained the cuts already taken. She expressed their concern regarding possible future cuts. She further explained that the Task Force unanimously agreed on the proposed excise tax and explained the proposed use of the tax to restore services already lost. She stated that she agrees with this action because we need to get on with the future and noted the improvements that have been made, including a drop in crime, increase in sales tax revenues, new businesses coming to the City, as well as the continued growth of the Outlet Center. She pointed out that Paradise Chevrolet and other new businesses are in the process of locating in Lake Elsinore. She pointed out that the sale of homes have dropped and the money taken away from the State has had a major impact on the City. Ms. Franson stated that no one wants to pay more taxes, but she felt that $3.85 a month was not a major problem for the taxpayer. She noted that the Committee wants a mechanism to give the residents confidence as to how the money will be spent. Chris McColley, 29072 Palm. View, resident, concerned parent, and Vice Chair of the Task Force, thanked Council for the opportunity to serve on the Task Force and provide input. She stated that this is a demonstration of concern by Council for the community. She further stated that it was a pleasure to work with the people on this committee for the betterment of the City and pointed out that they all live, work or raise their children in the community. She explained that finding solutions is the real challenge and the PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 Committee is working to see to the needs of the community and address the severe shortfalls and revenue losses. She explained that the Committee has chosen to be a part of the solution process and is committed to finding answers. Ms. McColley noted that due to the economic situation in the State of California, the situation the Council presents is no threat, but rather a reality and Council has taken major steps to solve the problem. She noted however, that the citizens must decide what level of service they wish to have. She stated that the City is growing and tourism has been a very important part of the effort to enhance the community as well as the youth activities which occur in the local parks. She asked what happens to the Lake if it-is not maintained. She noted the library is severely lacking in its operations at this time and questioned the future. She explained that all of the recommendations are from the Community and are considered basic services to preserve the quality of life. She requested that Council take action for a June Election to protect the quality of life in Lake Elsinore. Mariana Mohylyn, 305 W. Sumner, commented on money and power and stated that the Task Force has painted a very bleak picture of the future. She. suggested that Council temporarily shut down the Government to create a savings. She suggested that the members of the Task Force were the chosen ones and were brainwashed. She read aportion of a newsletter regarding Proposition 218 and pointed out that this is a direct threat to those currently in power. She stated that no one mentioned waste and Proposition 218 was passed to control waste in Government. Dick Knapp, City Treasurer, commented that he has recently reviewed a study for $29,000 with 400 questionnaires which consisted of seven pages each and indicated that it was a waste. He stated that he felt that the Stadium and waste were 98% of the problem. He noted that he has been following the Lighting and Landscaping Maintenance District since its inception and stated that his primary concern is not loosing the $1.8 million, but rather why we are doing all of this. He stressed that the only problem that the City has is $650,000 and questioned the proposed $84 a year. He stated that he could solve the problem right now, since the City Manager's Office cost approximately one -half million a year to operate. Edith Stafford, 54 Elm Street, addressed Mr. Harper, and indicated that it is still a property tax and in a court of law it will be seen as property tax. She stated that she appreciates the efforts of the Task Force, but feels that they were not given enough information. She further stated that the LLMD was never meant to be used for parks and indicated that the report was misleading, deceptive and manipulative. She stressed the requirements of Proposition 218 and stated that what is proposed is not within the parameters of Proposition 218, nor Proposition 13. Ms. Stafford stated that she felt the Task Force was used to try and soften the people and it will not fly and this action would have been taken a long time ago if it were legal. She further stated that she would not vote to give one red cent because of the Council's PAGE TWELVE.- CITY COUNCIL MINUTES - FEBRUARY.25,1997 socialist ideas and noted that when the funds go to the General Fund then they can be spent anyway that the Council or staff sees fit to spend them and suggested that this is really to pay for the $14,000,000 bond measure. She stated that she was going to make sure that this issue did not fly, and commented that the truth has not been told. Chris Hyland, 15191 Wavecrest, stated that she thought it was marvelous that people are so concerned about the children, but not concerned enough when the Kids On Track program was taken out of the budget. She gave an overview of the cost of the survey and stated that the persons picked may not have been qualified for an unbiased survey. She questioned the appointments of the persons on the Task Force and noted that she had tried to attend the meeting and was turned away, which she felt was in violation of the Brown Act. She explained that she called Sacramento and they informed her that it should have been a public meeting. She stated that she pays her taxes and has the right to hear what is going on. Kevin Jeffries, 17666 Grand Avenue, addressed the Task Force members and extended his appreciation for their efforts and stated that this is a no -win situation and that it was a shame that this action was not started last November since Council must make their final decision tonight. He explained his understanding of Proposition 218 and noted the figures in the staff report. He stated that only $650,000 is needed to keep the parks open and this could be addressed as a separate item. He stated that if this item appears on the property tax bill, then it is a property tax and is not legal; and if it is challenged in court then all of the monies would have to be returned. He stressed that the excess did not need to be spent in parks. He suggested that it sounds more like extortion or blackmail if the current proposal is not passed. He stated that the local economy cannot afford to have nearly $4,000,000 sucked away for this action. He further stressed that the options should be broken down and go for a 2 /3rds majority vote. He indicated that this is a pork barrel proposal and will be defeated. John Seepe, 15631 Half Moon Drive, thanked Council for the opportunity to address this issue and stated that he felt that Council had lost their credibility and had to assign this issue to a Task Force. He cited the January 15th Meeting and their behavior at that meeting which occurred in front of a number of Boy Scouts. He noted that Council did not even know that they had lost a lawsuit, which was irresponsible on their part. He asked that they behave properly both in action and the way that they address each other and be less concerned about the frivolous items. He noted that if this item goes to a vote of the people, their behavior over the next four months will affect the outcome and cautioned them to be careful. Dave Bulen, 33380 Dricott, resident of Lake Elsinore for 35 years, stated that he was in support of the recommendations of the Task Force 100 %. He stated that he wouldn't have the CounciFs job, but that they were doing a PAGE THIRTEEN,- CITY COUNCIL MINUTES - FEBRUARY 25, 1997 great job. He requested a 5 -0 vote. Ralph Swick, 15058 Nottingham, President of the Little League, stated that he is attending to represent 460 non - voting citizens of the City. He stated that Little League has been in existence in the valley for the last 40 years and noted that it is now in serious jeopardy. He stated that the action taken tonight will most impact those that cannot vote and he asked that those persons who can vote take this under consideration and vote on their behalf. He questioned the desire in the community for youth sports and diversions to continue and stressed the need for community spirit. He requested Council to support this item and asked that the people vote with a conscience. He stressed the need for long term solutions and again stressed how the kids would vote, if they could. Denise Thompkins, 320 Chaney Street, stated that she is addressing Council as a resident and a mother. She noted that the parks are taken for granted with no thought as to who takes care of them. She further noted the use of the parks by her four children and stated that she had no problem with the proposal. She asked that Council make this a unanimous vote to place this issue on the ballot and let the citizens decide on the tax. She explained that this raises a lot of questions and she does not understand why people cannot see that it is the children who will suffer in this situation. She stressed that it is important to let the citizens decide what they want and requested a 5 -0 vote. Deloise King, 289 San Jacinto River Road, Task Force Member, stated that she does not live in the City, but is an employee of Mt. San Jacinto College and noted that her other Task Force members have spoken eloquently on the issues being discussed. She pointed out that other communities are going through the same issues and noted that Economic Development is vital for the community to continue to move forward. She stressed the need for business attraction and retention to the community and stated that this must be preserved. She wished the Council well in this decision. Paul Niehouse, 33387 Barnstable Way, Task Force Member, 17 year resident and business owner, stated that he believes the intent of Proposition 218 is to allow the voters to make their own choices on new taxes. He stated that if there is not a 5 -0 vote on this ballot measure, then it is in violation of the Proposition. He stated that he is proud that his children grew up in this City and asked that Council give a 5 -0 vote to the measure. Jack McColley, 29072 Palm View, stated that last November the voters sent a message to the Governments of California through Proposition 218 which was to have the opportunity to vote on any taxes. He stated that no one wants more taxes, but it is the responsibility of each registered voter to make informed choices and seriously consider who will serve in public offices, because they will be spending those tax dollars. He stated that it is one thing PAGE FOURTEEN - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 to criticize Council and their decisions and another to make vital plans to solve those issues and noted the tough issues that Council has been faced with, along with making solid plans to resolve those issues. Mr. McColley stated that the City has already made severe cuts in employees and avoided imposing taxes on the citizens; and pointed out that Council is not the cause of the financial problems and has been working for years to improve them. He noted that this ballot measure can improve the City or the citizens can choose to save a few dollars and see the City fade away. He further noted that for less than the price of a lunch at McDonalds the citizens can improve and maintain the City. He stated that those who supported the passage of Proposition 218 now call foul with the request for voter approval. He further stated that this is a fair and reasonable recommendation. Robert DeWitt, 15130 Via Valle, suggested that the lights at the ball fields be monitored since they are on during daylight hours and should only be turned on when needed. He finther suggested that the City put out accurate and complete information in the process. He noted parks, schools and churches have played a major role in his life and commented that proper policing is vital to youth activities. He further noted that the Library and the Lake are essential to the entire community, the Senior Center is vital to the Seniors and the City has been responsible for all of these facilities and activities. He commented on the after school programs and their importance. He cited a program on T.V. that pointed out that someone would complain about a bill for $3 but at the same time be smoking a $1 cigar. He stated that the citizens should put their priorities in perspective and figure out what they are willing to spend. He further stated that he felt that the amount that was being asked for is a pittance. Mayor Pape noted that it was interesting how two different groups have commented on similar ideas. He stated that tonight Council will be deciding whether the people have the right to vote on their City assessments and the level of service. He explained that for some people it is a quality of life issue, others it is parks, Senior Center and more police. He fuuher stated that it is evident that the Citizens Committee has given this serious thought and believe it is in the best interests of the City to restore services to pervious levels. Mayor Pape stated that in a perfect world Council would not be faced with this decision, however in a perfect world the City would not have lost $700,000 of revenue to the State so they could balance their budget and revenue from the County Assessor was reduced on single - family residences. He noted that this was good for the homeowners, but reduces the City's annual revenue. He explained that the City Council has recognized that there is a problem and took the first step by restructuring debt and working to increase revenue. He firther explained that the City has eliminated most of its old financial advisors and secured a new financial team. Mayor Pape explained that the second step Council took was to reduce staff and flatten the organization. He noted the reduction in Community Services and the Street Maintenance budget and listed the other positions which have been PAGE FIFTEEN CITY COUNCIL MINUTES FEBRUARY 25, 1997 eliminated. He commented that the City has made cuts in many programs such as Kids On Track, banner program, July 4th, Winterfest and the Halloween Carnival. He further explained that the main source of the City's revenue is property tax and detailed an average property tax and its distribution. He pointed out that the average homeowner pays about $70 a year for the services provided by the City. He concurred that over the next few years the Committee should convene at budget time to address the use of funds and their accountability. He further suggested that a separate page be placed in the budget to show the funds raised and how they were expended. Mayor Pape stated that before he released this item to the rest of Council for discussion he needed to share some disturbing news with the public. He advised that last Tuesday at 5:30 p.m. he and the City Manager met with Councilman Alongi at his request in the City Manager's Office. He indicated that at that time Councilman Alongi told them that he was tired of the Council 'Virg with him and if the Council wanted his vote to approve the election in June, he was going to get some of the things he wanted. The following were his demands: Reinstatement to two committees; $5,000 from CDBG Funds to be given to HOPE and $5,000 for Operation School Bell; and a letter of apology from the Council, which account for items 33 and 34 on this Agenda. He noted that Councilman Alongi said that he did not care about the community and will get what he wants; the only people he cares about are his family and the only other person he cared about has died, which was like his conscience. In the conversation Councilman Alongi indicated that he as Mayor should go to.the Council for agreement to go along with these demands. Mayor Pape stated that he and the City Manager were stunned and shocked to think that Councilman Alongi would hold the City hostage and were confused as to why he would act like this. Mayor Pape stated that he was not willing to violate the Brown Act to talk with the rest of the Council about this request. Mayor Pape stated that most people are aware that the District Attorney's Office has been investigating Councilman Alongi's recent actions, so on Wednesday morning he called the D.A.'s office for advise; they asked that he meet with one of the D.A. Investigators. At the meeting the Investigator stated his concern with possible extortion and bribery and asked that he wear a wire and meet again with Councilman Alongi and see if he would repeat the conversation; again he and the City Manager met with Councilman Alongi and he repeated his demands with only one change and that was that he wanted the Council to each make an oral apology. He indicated that Councilman Alongi repeated that he did not care what the Citizens Committee recommends, that he doesn't care about the community, and he will get what he wants or there will be no election in June. Mayor Pape stated that he wore the wire and the District Attorney has the tape and he doesn't know when it will be released to the public. He stated that the next day he wanted to tell the Citizens Committee and the press what had happened, but the District Attorney asked that he not say anything, however he stated that he felt that the people have the right to know what has happened, therefore he is giving that information tonight. He stated that he PAGE SIXTEEN - CITY COUNCIL MINUTES - FEBRUARY. 25, 1997 feels that this is the right thing to do and he saw a crime and reported it. Mayor Pape explained that he can not ask people to get involved if he not willing to do the same. He stated that people should have the opportunity to vote on taxes and consider what they are willing to pay. He further stated that people want the right to vote and they should be given this opportunity while it can still make a difference. Mayor Pape called upon the City Manager for any comments he may have regarding this matter and then it will be open to the rest of Council. City Manager Molendyk noted that unless Council has any other questions, that what Mayor has reported regarding the subject meeting is correct. Councilwoman Brinley thanked all the members of the Task Force Committee for their time and effort; and expressed her appreciation for their consideration of where the City is at this time and for working so hard to help the City go in the right direction for economic balance. She stressed the importance of libraries and parks to the children of the community and commented that the parks are nothing like they were when she moved to Lake Elsinore. She noted all the improvements and growth of the parks and the activities they provide which keep the children out of trouble and off the streets. She stated that she was pleased with the recommendation of the committee and stated that she will vote in favor of allowing the people to vote. She stressed the rights of the citizens. Councilwoman Brinley addressed the statement made by the Mayor and stated that she was appalled with Councilman Alongi's conduct and the fact that he holds the community hostage. She indicated that he does not' have the right to choose and that he was elected to represent the community and not himself. She stated that the community needs to pull together and all speak as one; and she feels sorry for someone who sets himself apart and considers himself above the law. Mayor Pro Tem Kelley thanked the Committee for their hard work and dedication over the last few weeks. She stated that they have had the opportunity to review the data and make their recommendations to Council. She further stated that this is the first citizens committee the City has used and she appreciates that fact and hopes that they would meet again to go through the budget. She explained that she spoke with as many people as possible regarding their feelings towards this community and the services they would like to see; people that would oppose any tax; people that just plain oppose government; as well as people who felt that they could afford to be a little bit generous since their houses had been reassessed and they had experienced a reduction. She stated that she has spoken to those who think that libraries are not something they would support and people who would not support parks. She noted that she has spoken to people with both positive and negative attitudes and agreed with Mr. McColley it is easy to criticize since that there is no accountability.in a criticism for a solution. Mayor Pro Tem Kelley stated that it is her job to weigh the options and make decisions PAGE SEVENTEEN - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 that are best for the entire community, which means what the majority of the voters in the City would support should be considered. She stated that the Lake, parks and library are her main concern and although no one wants to pay more taxes, the needs of the community must be met. She explained that it is impossible to please everyone, but the community must move forward. She noted that the spirit of Proposition 218 allows the voters to decide and she supports that right. She further noted her support of the recommendation of the Citizen's Committee and pledged her support to the ballot measure for the desired level of service in this community. She cited an article in a magazine which addressed the positive side of Proposition 218 which stated that it provides and shapes better leaders. She stated that the magnitude of this decision and what has been considered this week with all the pressures have been incomprehensible. She expressed her agreement that Proposition 218 will make better leaders. Councilman Metze complimented the Citizen's Committee and apologized for the public comments made regarding the amount of information received, suggesting that it was not enough for a rational decision. He stated that it is a no win situation. He commented on the fact that it surprises him that the State can take $4 million from the City and no one says anything. He stressed that this surprised him since the money was taken away from the City without a vote. He asked if anyone has considered that if parks are closed and other services are stopped what it will do to future property values and revenue sources. He noted that it is always the same three or four people that complain about whatever the Council does and at each meeting it is the same persons. He addressed the Citizen's Committee and thanked them for their efforts and stressed his complete support. He concurred with having the Committee reassemble at budget time to do a check and balance. Councilman Alongi stated that he was not surprised about the Mayor's statement and will leave the discussion to Mr. Orr. He further stated that the Mayor has a unique way to editing what is said. He stated that he will proceed with his opinion of the Ballot Measure. He noted that the Senior Center will not be affected by this Ballot Measure because it is funded by CDBG monies until the next budget. He addressed Mr. Thomas' comments and stated that the RDA is over spending and questioned where were all these people when the City was doing that. Councilman Alongi stated that Proposition 218 was intended to be a 2 /3rds vote, and the problem with the Ballot Measure presented tonight is that it is a general tax vote which does not hold future Council's accountable as to how the money is spent. He pointed out that the reason that the City is in the current position is because the people did not have the opportunity to vote on how the City's money was to be spent. He stated that he does appreciate the Committee, although he does not know how they were chosen. He stated however, that the letter that was presented from the SCJPIA is a scare tactic and questioned where the higher risk comes from and questioned the definition of maintenance with examples of what the definition might be. He stated that when he supported PAGE EIGHTEEN - CITY COUNCIL MINUTES - FEBRUARY, 25, 1997 1. the LLMD, the intent was to place lights in the community and to maintain some of the parks that were in existence, not the extravaganza that has been on going over the last several'years. He detailed the cost for field lights and stated that it should be on a user pays basis. He suggested cutting the water in half on the parks and cutting the amount of maintenance in half on the parks which would result in a substantial savings. Councilman Alongi stated that the City could easily keep some of the parks open by closing one or two in the City, but Council would have to be willing to make tough decisions. He noted that Proposition 218 was approved to give the right to decide what the funds will go for and with this Measure the people would be voting that the money could go anywhere. He noted the current use of the funds for bad debts which this City was not supposed to be responsible for, but to maintain our own credit rating we had to pay which shows that there was plenty of money available to keep the parks open if it had not been spent on other people's debt. Councilman Alongi stated that when the budget is discussed and cutting corners the Council needs to get into it and see what can be cut from the budget and go for it. He noted that there are funds available in the reserve and it is not necessary to go to the ballot in June, since the whole emphasis is parks and they could be maintained from reserves and kept open if this Council would be a Council and do it. He stated that it can be done by sitting down with the City Manager and going over the budget line by line and cutting from each possible source until there is enough to provide the necessary services. He explained that then Council can go to the November vote and ask for dollar allocations for Libraries, Senior Center, police, etc. He commented that the primary responsibility is public safety which should come from the General Fund and then what ever is left over can be allocated to other services. He further explained that he told the Mayor exactly what he felt about the Ballot Measure and he intends to back it up. He stated that scare tactics were used by saying that the parks would be sold or transferred to other people; and the problem with this Council is that they try to take the easy way out. He explained that Council's job is not to secure employment, but rather to supply services for the money paid by the tax payer. He further stated that loss of jobs is a heart breaking situation but if it becomes necessary, then that is the action that will have to be taken. Councilman Alongi stated that he will discuss the problem with the Mayor later in court. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE REVENUE AND SERVICES TASK FORCE RECOMMENDATIONS FOR AN EMERGENCY ELECTION ON JUNE 3RD. City Manager Molendyk noted that there was a lot of information provided for staff and Council to consider however, the Task Force also included a recommendation to look at a Special Tax measure for the November General Election to address funding for the West End Fire Station. He asked for clarification from the Chairwoman. ' Chairwoman Hohenadl stated that although this is a very important issue, the PAGE NINETEEN - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 Task Force would like to see this brought up at a later date after this item is completed. Mayor Pape explained that the reason that this is important to go to the ballot in June is to meet the requirements of the tax roll which has an August deadline. He further explained that if this issue waits until the November ballot the City will have missed their deadline and it will take approximately 18 months to generate the expected revenue into the City to support services. Mayor Pape called for a roll call vote in reverse order. THE FOREGOING MOTION WAS DENIED UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE ALONGI Mayor Pape suggested reconsideration of this item in March. There was -general discussion in regard to calendar dates to allow for reconsideration. Mayor Pape suggested March 6th at 3:00 p.m. Councilman Alongi asked what happens if someone is missing from the meeting. City Attorney Harper indicated that the issue still needs a 5 -0 vote for approval. 33. Discussion of C.D.B.G. Funding Allocafion.(F;84.2) Mariana Mohylyn, 305 W. Sumner, indicated that she was not sure what was to be discussed under this item and would need more information to ponder. She noted that there are several ways to use these funds and indicated that thousands of dollars are being collected which are not necessary. She commented on a structure that is falling apart, being the Chimes and suggested use of the funds for national monuments such as this building. City Attorney Harper noted that in order to reallocate these funds a noticed public hearing would be necessary. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO TABLE THIS ITEM. 34. Consideration of ON Council Appointment - R.C.H.C.A. and E.V.M.W.D. PAGE TWENTY - CITY COUNCIL MINUTES FEBRUARY 25, 1997 Reclaimed Water Task Force.(F:76.3)(X:164.2) Mariana Mohylyn, 305 W. Sumner, indicated that she was glad to be making up for times when she was not allowed to speak. She commented On the Revenue and Services Task Force, and suggested that the City has the upper hand in deciding who is responsible. She indicated that she would like to know how it is decided who serves on the committee. She indicated that she has a petition signed to support her serving on a Task Force. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO DENY THIS ITEM. ITEMS PULLED FROM THE CONSENT CALENDAR 8. Grading for the Snorts Town Site. (F:134.10) Councilman Alongi noted that the site does not exist and the City does not have responsibility for the grading of the lot. He stated that he doesn't see why we are being asked to waive the fees. He explained that this entails taking 4,000 loads of dirt through the City. He further explained that the arrangement was made by the contractor, but the City is not involved in that action and he asked why the City is getting involved. He further noted that they were dumping junk on that site and covering it over and he doesn't see anything in the report that shows that they are going to dig it all up and then recompact it all over again. Councilman Alongi stated that it would not recompact well with all that junk on site and they should pay the fees and get on with it. Councilwoman Brinley questioned the clean up, compaction and leveling as required by the City with the waiver of fees which would benefit the City. City Manager Molendyk stated that it is his understanding that they will remove the debris and compact the soil. He noted the agreement with the Lehr's and when this was first brought the matter to Council it was a much larger expense. He stated that he felt that compaction and free dirt would eliminate the problem. City Engineer O'Donnell stated that the Southwest Excavators must have an agreement with the Lehr Family for putting dirt on that property and they have to agree to all the conditions that the Lehr Family put on them. He noted that one of the conditions is to clear the site and recompact any undocumented fill. Councilman Alongi stated that in the report the excavator has agreed to fund all incidental work required for the grading which includes soil testing, grade checking, water and providing an NOI from Regional Water Quality Control Board with a storm water pollution prevention plan. He asked where and how often are they going to do the soil testing and is there a plan submitted to PAGE TWENTY -ONE - CITY COUNCIL MINUTES - FEBRUARY 25, 1997 the City which shows each area that they are going to do the soil testing. City Engineer O'Donnell stated that there is not as, the Soils Engineer will be on site and take tests as needed as the soil is brought on site. Councilman Alongi asked how he knows what is under there and are they going to dig it up and ascertain what is natural grade. City Engineer O'Donnell explained that the dirt did not come from the ball field, it came from fill which was dumped on that site illegally and that is what is going to be cleaned up and recompacted before they can start bringing any dirt in to start raising the site. Councilman Alongi noted that the report states that they will also prepare the site by compacting some areas and asked what is meant by some areas. City Engineer O'Donnell stated that not all areas have received undocumented fill, just some areas and the Soils Engineer is aware of where those sites are. Councilman Alongi asked how much dirt was removed from that site for the ball field. City Engineer O'Donnell stated that he did not know. Councilman Alongi stated that there is no information as to really how deep they went down. City Engineer O'Donnell stated that the Soils Engineer has that information which is included in the survey of existing grade of the site and what it was before work started. Councilman Alongi stated that the Staff Report states that Southwest Excavators has requested that the City waive the grading permit fee and bonding requirements for this grading; the grading fee would be $2,450 and the bonding requirements would be $32,000 bond with an $8,000 cash deposit; and the grading permit fee for this parcel will be collected when this parcel is in the building stage of development. He asked if anyone has submitted any building plans. City Engineer O'Donnell stated that no one had submitted plans. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 -1 WITH ALONGI CASTING THE DISSENTING VOTE TO WAIVE THE GRADING FEE FOR THE SPORTS TOWN SITE AT THIS TIME. 9. Acceptance of Resignation of City Attorney. (17:40.1) Chris Hyland, 15191 Wavecrest, commented that she has never agreed 100% with City Attorney Harper, but noted an article in the Press Enterprise which made it sound like he was fired. She stressed that he resigned his position. She indicated that Mr. Harper has no reason to hide the facts of that case; and commented that the case went to City Hall and was suppressed to save face. She further indicated that there was bribery and deceit with agreements signed on the same day. She suggested that in replacing the City Attorney none from Los Angeles or Orange Counties be selected. She suggested that someone just out of law school for $70,000 be chosen. She further suggested that the City get a new City Manager at a rate of about $85,000; or reduce the current salary to that level. Nita Van Heest, concurred with the comments by Mrs. Hyland, and indicated that it would be in the °.best interest of the community to hire a City Attorney PAGE TWENTY -TWO - CITY COUNCIL MINUTES from within this County. She suggested the possibility of hiring someone from within the community to circulate the money within the City. She noted that she does not understand why so much money has to go into Orange County. She indicated that we don't need any more cronyism. She suggested it would be in the City's best interest to accept resumes from local attorneys. Councilman Alongi indicated that he is sad to see Mr. Harper go, as he is like part of the family, and has been a great help to him, when he allowed him to be. He finther indicated that he will miss Mr. Harper, as he is a good man, a very conscientious person, and difficult to replace. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE RESIGNATION OF JOHN HARPER, EFFECTIVE JULY 19 19979 AND AUTHORIZE STAFF TO INITIATE THE SEARCH FOR A REPLACEMENT CITY ATTORNEY. THE CITY COUNCIL MEETING WAS RECESSED AT 9:43 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:44 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Chris McColley, 29072 Palm View, indicated that she needed to clarify some misunderstandings. She indicated that with regard to the Task Force, some people appear to be underestimating the intelligence of the members. She clarified that they were not issued any propaganda or forced to decide anything they did not want to. She indicated that documents were requested and discussed and the consensus was their own unanimous recommendation. She noted the irony of the City being berated for not asking for citizen input; and when citizen input is requested some people are still critical. She stressed that the recommendation by the Task Force was to give the voters the right to choose, by placing the matter on the ballot. She further stressed that no one is trying to deny anyone the right to vote. She thanked the four Councihnember for their support and noted how distasteful it is to hear the constant criticism. She noted that some residents feel that the City is doing a wonderful job, but don't come forward very often to say so. Mariana Mohylyn, 305 W. Sumner, indicated that it is most important to protect the Lake and stressed the importance of clean water, not only for recreational uses, but for its beauty. She fiuther indicated that the Lake is keeping people here and if we are to ponder Reclaimed Water it needs a lot of thought. Chris Hyland, 15191 Wavecrest Drive, addressed Councilman Metze and indicated that citizens have a right to say anything they like, whenever they like. CITY MANAGER COMMENTS City Manager Molendyk thanked the Citizen's Task Farce for their efforts, and PAGE TWENTY -THREE - CITY COUNCIL MINUTES thanked them for the time they have invested in the process. He stressed that he does not want to see their efforts be for not. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) Noted his program on Thursday which will feature Mark Dennis who will give the second segment on Reclaimed Water and a gentleman who will address 218. 2) Stated his appreciation of the committee, but felt that the City should have had a Town Hall Meeting. He explained that he felt that the total community was not represented since there was no one from Main Street, the Avenues, etc. and did not represent a cross section of the entire community He commented that he whole heartedly felt that City will have a rough time getting a 50% vote on this ballot in June. 3) Addressed the Mayor's comments and stated that he is done answering him and stated that he will get his work done in a place where he can't edit what was said. He expressed his surprise with the City Manager for taking part and will have a private discussion regarding this matter later. He stated that he doesn't fear anyone in this town and explained that what he does, he does because he feels that it is right. He invited them to take him to court. He indicated that the Mayor was as dumb as a broomstick. Councilman Metze commented on the following: 1) Stated that he was allowed to have an opinion and felt that Councilman Alongi is a total and complete embarrassment to the community. He stated his disappointment that the citizens of the community were not given the right to vote. He invited the public to watch for the next couple of months, because it is all going to come out in the wash. Mayor Pro Tem Kelley commented on the following: 1) Addressed the citizens and the Citizens Committee and explained that whether each person agreed with the ballot measure or not, they should be outraged because they were denied the right to vote. She explained that Proposition 218 was passed to give the people the right to vote and now you just lost that right whether you supported the measure or not, doesn't matter because you will not get the chance to vote. She encouraged each citizen to knock on doors and write letters in protest. She again stressed that there would be no chance to express their opinion because of one man. She asked the audience to imagine what would happen if in other council's across this State they had one person who said give me what I demand or I'm going to vote against you. Imagine the type of activities this would open up. She PAGE TWENTY -FOUR - CITY COUNCIL MINUTES questioned how many people were going to be deprived of the right to vote on this issue. Councilwoman Brinley commented on the following: 1) Thanked the committee for their hard work and efforts and apologized that there are a few people in the community without the foresight to see beyond the end of their noses. She noted that the committee has done a worthwhile thing and she would like to see them stay together. She further noted an article in a magazine which addressed "Keeping the Citizens Informed" which suggests that the City should treat the residents as consumers and suggested that the committee use some of their suggestions. She stated that the Committee and Council should keep this idea in mind for the future. 2) Agreed with Mayor Pro Tem Kelley that what occurred this evening was outrageous. She noted that one man will not allow an issue to go to a vote of the people and this is the same man that was found guilty by the FPPC and is under investigation by the District Attorney. She stated that he would not have had to file an appeal if he were not found guilty in the first place and she felt that this indicates that he does not care about the community, but wants what suits himself and his family. She explained that he was elected to serve the community and then his action is to deny them the right to vote, she felt that this is not service to the community, but rather a denial of their rights and indicates that he speaks out of both sides of his mouth. Councilwoman Brinley stated that when this issue is taken to a Special Council Meeting in March that the citizens write letters to Councilman Alongi stressing how they feel about this issue and noted that this action is being taken all over the State of California. She further stated that Councilman Alongi tries to discredit others and noted the action of Council in their attempt to make the City's financial future a little more firm and explained that Council does not want to see the City go into foreclosure, be bankrupt or go down hill, but rather their actions have been to preserve the City and the lifestyle that each citizen is used to living. She further stated that it is sad that Councilman Alongi and his followers don't want to work with Council to resolve problems, but would take great delight in saying "I told you so" to see the City fail. She asked the people that get up and criticize the Council what positive things have done in support of this community. She stated that their sole purpose is to attend Council Meetings in order to criticize and make negative statements, then run back and hide. She stated that if they were going to complain then they need to support some issues as well. She expressed her sadness that the community doesn't have a chance to say what they want the City to do. 3) Addressed Kevin Jeffries and asked when the roads will be done, and asked if they would be left in the condition that they are in at this time. She suggested that Mr. Jeffries fax information in regard to when the project would be done and stated that she hoped what she sees at this time is not the final result. Mayor Pape commented on the following: PAGE TWENTY -FIVE - CITY COUNCIL MINUTES 1) Addressed comments regarding USA Properties and stated that hiding the judgement would be like hiding a bull in a china shop, especially with the grading that is going along next to the freeway. 2) Noted the comment regarding the management of the City of Perris and explained that they have had four city managers in the last four years and it is probably something that they are real proud of and something that others should not emulate. 3) Thanked the committee for their efforts and encouraged letters, phone calls and faxes to encourage support of the Ballot Measure. He stated that maybe if there is enough response there would be a 5 -0 vote to allow people to make their own decisions. He stated that in this case the citizens end up being the looser when they are not given an opportunity to vote. He stated that Proposition 218 will have an effect on a lot of cities and can impact property values around the State. He noted that people will look at the services that are available in a City when they are considering buying, and this may have an impact on the interest in a community and as a result on the property values. CLOSED SESSION a. Potential Litigation - L.E.R.A. b. Pending Litigation - Spectrum Group. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:40 P.M. NO ACTION TAKEN. ADJOURNMENT THE REGULAR CITY COUNIL ING WAS ADJOURNED AT 10:41 P.M. E W. P E, MAYOR LAKE ELSINORE ATTEST: VIC :I Y-A , "D, CITY CLERK CITY j�,, L�,KE ELSINORE ull�l M�9 ADJOURNED REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, MARCH 6, 1997 R************* R** RRRRRRRRRRRRRRRRRRRRRRRRRRRRR* RRRRR * *RR *RRRRRR * * * * * * * * * * *R * ** L014131) is The Adjourned Regular City Council Meeting was called to order by Mayor Pape at 3:05 p.m. The Pledge of Allegiance was led by Mayor Pape. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also Present were: City Manager Molendyk, City Attorney Harper, Assistant to the City Manager Best, Public Works Manager Payne, Administrative Services Director Boone, Community Services Director Sapp, Community Development Director Leslie, City Engineer O Donnell and City Clerk Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item No. 1 and deferred to that discussion. BUSINESS ITEMS Ballot Measure Proposals, A. Revenue & Services Task Force Report - Resolution No. 97 -11. Mayor Pape suggested the order of proceedings for this meeting and requested courtesy for other speakers. City Manager Molendyk noted concerns that this information be more public; so the meeting is being videotaped for replay later. He explained that as a result of the passage of Proposition 218 last November, it is required that any tax other than the one percent property tax be approved by the voters. He further explained the various ways to apply a tax under Proposition 218. He noted the establishment of the Citizen s Committee and explained the ways to assess for various improvements. He further noted the budget developed by the Citizen s Committee as a minimum standard. City Manager Molendyk noted the loss of revenue to the State and the revaluation of property in the community. He detailed the funds suggested by the Citizen s Committee as follows: $1,000,000 for parks and Lake; $400,000 for the Services/Senior Center; $40,000 for Youth Diversion Programs; $100,000 for libraries; $200,000 for Capital Repairs and Replacement; $760,000 for Service Retention; $300,000 for Police Services; for a total of $2,800,000. He explained that this would be approximately $3.85 per month increase on property tax bills and explained the emergency effort to place it on the ballot for June 3rd, which requires a unanimous vote of the Cot ncil. He noted that the City will loose its funding for parks as of July 1. He stated that the Citizen s Committee asked that he point out the costs for closure of the parks as follows: To put the parks in PAGE TWO - ADJOURNED CITY COUNCILMINUTES - MARCH 6. 1997 mothballs would cost approximately $100,000; requirements of the SCJPIA (insurance company) for removal of some of the equipment which is yet to be determined; and if closed for one year the cost to restore the parks, would be $1.5 million. He noted that there is the opportunity to look at an election in June, but if this measure does not pass it could be considered again in November. He explained the time lag for collection of revenues following a November election; and noted that it is the intent of this discussion to keep a revenue flow to maintain the parks starting this July. Chris McColley, 29072 Palm View, as Vice Chair of the Task Force and concerned resident and parent, commented on the presentation at the last City Council Meeting which was a unanimous recommendation from the Committee. She explained that their recommendation would maintain basic service levels and detailed the services to be provided. She further explained that since the last City Council Meeting the Committee has reaffirmed its recommendation as the best solution to maintain the quality of life in Lake Elsinore. She noted that the Committee has worked hard to consider all issues carefully and pointed out that they did not receive a unanimous vote. Ms. McColley further noted that by not receiving a unanimous vote the Voters have been denied their right to vote on the issues to consider what is in the best interests of the community. She stressed the intent of Proposition 218 which is to allow the voters to vote on local taxes, assessments and fees. She explained that the Task Force s recommendation was based on a general tax which requires a 50% vote plus one, however the Committee has proceeded with the intention of being a part of the solution process. She further noted that the Task Force has formed an alternative solution for the Council today and this was based on further input from the citizens of the community. On behalf of the Task Force Committee she proposed a resolution for a ballot measure on a special tax and declare an emergency with $2.8 million allocated to the following: Lake & Park $1,000,000 Capital Repairs and Replacement 200,000 Community Services/Senior Center 400,000 Youth Diversion Programs 50,000 Structure Abatement 50,000 Service Retention (Community Development, Public Works and Recreation) 760,000 Police Services 300000 Total $2,800,000 Ms. McColley stressed the fact that the fate of the community is at stake. Councilman Alongi questioned removal of libraries. Ms. McColley stated that they reallocated the $100,000 from libraries to $50,000 for Structure Abatement and $50,000 for Youth Diversion Programs. Denise Tompkins, 320 Chaney Street, resident and parent who has lived in Lake Elsinore for 13 years. She directed her question to Councilman Alongi and asked why he does not want the public to have the right to vote on this issue and further questioned why anyone would not want to maintain the parks. She stressed the benefits of the parks and the progress of the community and noted she would hate to see the parks close. She stated that she does not understand why Councilman Alongi is taking this attitude. Shannon Akins, 21023 Rolando Road, homeowner for eight years urged unanimous approval of the first proposal and noted the difficulty in obtaining a 2 /3rds vote. She stated that $7 a month is a small price to pay for the benefits that PAGE THREE.- ADJOURNED CITY COUNCIL MINUTES - MARCH 6,1997 the community receives. She requested Councilman Alongi change his vote and allow the process set by Proposition 218 to work. She stated that she has four children who benefit from the parks and she cannot imagine the City without them. She again urged Councilman Alongi to change his vote and allow the democratic process prevail. Councilman Alongi called for a Point of Order and noted that the next person who addresses Council and singles him out, he will leave the meeting. He stated that they are not supposed to address him directly. He further stated that they can express their views and go on from there. Mayor Pape stated that the speakers can address the entire Council. Councilman Alongi concurred. Vincent Sosa, 29068 Tangerine Way, Boardmember for Little League for five years, noted that he usually stays out of politics but when it came to kids he drew the line. He stated that he has lived in Lake Elsinore for 13 years and there has been a lot of progress, but these parks should not be taken away from the kids. He stated that at first he thought this was a bluff, but he is not willing to take that risk and encouraged a unanimous decision. Jerry Runalls, 15161 Wavecrest Drive, representing the Lake Elsinore Little League and Junior Tri-Lakes Football, noted that his members are upset with this meeting time since they must be at work and cannot attend. He explained that he has been with the League for seven years and noted the number of players in youth sports and asked what all the children that are currently involved in youth sports going to do if there are no parks. He stressed the importance of structured youth sports and requested consideration of this issue; and asked that Council try to find some way to work all these issues out. Dick Knapp, City Treasurer, stated that he did not have too much to say, but he did not appreciate $2.8 million being shoved down his throat and using the threat of closing parks to gain approval. He noted that only $650,000 of the LLMD money was lost by Proposition 218 which is a one -third loss, and stated that it is much more palatable to take the $84 per year and cut it down to $20 or $30 rather than the $2.8 million. He noted that even if this issue went to a vote in November considering the time it takes to turn it around, he is sure Council could arrange four months of charges sent out to see the City through until the funds are received from the County. He stated that he doesn t like to be threatened with shutting off street lights, closing the parks, and tearing out the baseball diamonds. He stated that there is enough to keep the lights on and the parks maintained. John Seepe, 15631 Half Moon Drive, concurred with much of what the City Treasurer said and noted comments made by Council in 1991 which stressed their concern for the community. He further noted comments made in an article from a newspaper in San Francisco in 1991, about Lake Elsinore and the bond debt in the amount of $67 million dollars. He stated that the reason that he was bringing this up because the City is putting the kids up on the auction block because someone decided to go down the road of greed and long term debt. He further stated that this sucks the life out of the City and now it is the children that are going to pay. He noted concern with the promises of major development that have not come to pass. He detailed the finances of the City and pointed out that there is reason for concern and stressed the need for a common solution. City Manager Molendyk stated to the community that the budgets the staff administers are in three specific funds which are Public Finance Authority, Redevelopment Agency, and City General Funds which are used to operate the PAGE FOUR - ADJOURNED CITY COUNCIL-MINUTES - MARCH 6,1997- City. He stated that he felt that it was unfair to present the information presented at the podium. He stated that the Bonds are through the Public Finance Authority and Redevelopment Agency and that is not what is being discussed, but rather what is being addressed are the items which come directly from the General Fund and not Bonds. LLMD is the revenue source used to maintain the parks and he stressed that the City cannot use bond money or RDA money to maintain the parks. He explained that he would be happy to answer any questions regarding the three separate budgets. Nita Van Heest, 33146 Shoreline Drive, believed the dissenting voices heard today were not present to take anything away from the community or the children. She asked Council to follow the law and stated that the taxpayers in this State passed Proposition 218 and she asked that Council not skirt or circumvent the law. She stated that she felt that there was no one member of Council who wished to take anyone s right to vote away, however it should be done right. She noted that the City just got embroiled in a $7 million federal lawsuit and stated that she felt that it would be won. She stressed that the City do this legally and bring the measure to the ballot the right way. City Attorney Harper stated that he has no knowledge of a $7 million federal lawsuit and possibly Ms. Van Heest is referring to the Watkins claim which was rejected at the last Council Meeting and is neither a lawsuit nor has it been filed in Federal Court. Dan Ulhry, 150 E. Lakeshore Drive, noted that in listening to the meeting today he he felt that there were two matters before Council and that is the Committee s proposal and Alongi s proposal. He felt that it was a detriment to the audience to discuss these items one at a time and suggested that both be presented together to allow proper judgement. He stated that Councilman Alongi s proposal states definite designation for funds and indicated that the entire community was led astray by past Councils. He commented on the School District s sports programs and the City s programs from the past. He stressed that Council move on a 2 /3rds vote so that the City does not take a chance on loosing out on a future for the children and grandchildren of the community. Mr. Ulhry stated that politics has traded votes for over 200 years and cited the deals that have been worked out in politics for years. Edith Stafford, 54 Elm Street, addressed the denial of the right to vote and stated that the City could have done a ballot measure last November. She noted the figures and the need and indicated that even then there was a need to do something. She questioned why the City waited until now. She pointed out that Proposition 13 gave the right to present a ballot measure to the taxpayers for general obligation bonds and that could have been done last November, or even present the measure under Proposition 62. She commented that this is using blackmail tactics when Council talks about denying the right to vote since the taxpayer was denied the right to vote on the Stadium. Ms. Stafford stated that it is this kind of bias tactic that causes skepticism and as a result causes the citizens of the City to oppose your efforts. She stated that she makes her decisions based upon how it affects her and she is opposed to children being used when Council is trying to get what they want, because the children should not be used and this should be handled without involving the children. She stated that she felt that this whole situation was a distasteful tactic and Council should not point fingers at others, rather they should start looking at themselves. She suggested that the Council start listening more and talking less. PAGE FIVE - ADJOURNED CITY COUNCIL MINUTES - MARCH 6,1997 Rod Clark, 581 Birch Street, youth leader and local business owner, stated that this issue needs to be addressed and stressed the importance of the right to vote. He explained that a 2 /3rds vote is tough to pass and a majority plus one would be much easier to obtain. He stated as a community this is a decision based on what is best for the children, not how they think, but what is best for them. He noted that if the parks close down and the money is not available for a year, the children will loose a whole year of sports and this will reduce the opportunities for the children to be diverted from other things. Mr. Clark stated that from a business standpoint, his and other businesses revolve around the youth and without baseball or softball in the City the business will leave the City. He noted that Lake Elsinore has been asked to host a National Baseball Tournament which will host 45 teams and that will be lost with the closure of the parks. He stressed the loss of revenue and hoped that the Council would give the voters the chance to vote and suggested it would be best to be on the 50% plus one ballot. He stressed that the bottom line is what is best for the youth and if they are abandoned the question is what they will do. Chris Hyland, 15191 Wavecrest, stressed that people have the right to vote and indicated that was what Proposition 218 was all about. She stated that she felt that it was ludicrous to push the children on the public and noted that she has children, grandchildren, but the City also needs fire and police. She further stated that the parks will not be closed down. She commented that she would support a bond measure before the voters based on a 2 /3rds vote relative to Proposition 218 with no circumventing, no money to the General Fund, no money to the Stadium and no money to the library because it is already funded. She made not of the Task Force and questioned who authorized the formation and further questioned the approval of the $29,000 for this effort. She noted previous programs that were for the children and removed from the City program; and yet the children are used to push this measure. She asked by who s authority were non - taxpaying persons placed on this committee. Ms. Hyland noted the City employee on the Committee and again questioned how they were selected. She questioned the area that the persons live that were selected for the committee and noted that it should have been a wider spread to obtain a 2 /3rds vote. Leroy Tucker, 3527 Cherry Blossom, noted that he was once a kid with not too many places to go and in 1941 taxes were put into effect for World War H and since then there have been two other wars. He stated that he was not in favor of paying more taxes, however he suggested that the City established an assessment for three years and then get back to the standard budget. He thanked the task force for their work and indicated he is sure that if other taxpayers had the same information, they would feel the same way. He stated that when the person who was doing the survey called he asked him if it was in regard to the LLMD and told the man that he did not want to answer the questions. He stated that he has been in Lake Elsinore a long time and intends to die here and when the people vote in a tax it never goes away and asked if anyone had ever heard government say they were going to cut taxes. He noted that the funds for the fire station should have been used to build it and even if it just sat there, at least it showed that the City was doing something. He noted the need for a fire station and suggested that it should be built before the prices go up. Bruce Holland, 1166 Lake Vista Drive, 14 year resident, stated that if Council voted against this measure today, he would like those individuals who vote no to go to opening ceremonies and explain why they said no. He expressed concern with the negativism of the people who address the Council at the Council Meetings and noted the children are the silent majority as well as their parents and the reason that they don t attend the Council Meetings is because they work hard and spend PAGE SIX - ADJOURNED CITY COUNCIL MINUTES - MARCH 6,1997 time with their children. He noted there are 3,000 children involved in youth sports which means there are 6,000 parents who will be angered,by the wrong vote and stressed that the children are our fixture. He stressed the need to find a solution for the June election and noted that through youth sports the children are taught community pride and he is not sure what they should be proud of if there are no parks because they had to be closed. David Walsh, 33129 Windward Way, referred to the comment about non - residents on the Task Force and noted that Proposition 218, under some circumstances, to vote even though they do not reside in the City and it was correct to include those people. He noted that he was a member of the Task Force and he questioned City Manager Molendyk regarding the closures of the parks and stated that the Task Force would advise City Manager Molendyk to follow through and close the parks. He cited the incident of Temescal High School with the failure of the third School Bond measure and funding was found for the completion and the perception that we could squeeze the fat out of government, however this is not possible for the City and people need to realize that fact. He noted a discussion that he was involved in after the meeting regarding Proposition 218, and City Attorney Harper explained that if the measure causes a violation of a contract in place prior to the passage of the proposition, then it should be upheld. He made note of City Park and asked if that clause would protect it. He asked what would happen to parks not yet turned over to the City. Vicki Buck, 15214 Laguna, introduced her daughter and stated that she lives in the County and noted that they would not have the opportunity to vote on this issue and yet her daughter has been involved in sports in this community since they moved here. She explained that she has taught her children that if you involve yourself in things that are important to you; if you put yourself in good places good things will happen for you and sports is what is good for her children. She noted that sports keeps her children out of trouble and keeps them active in the community and that is why she brought her daughter to the Meeting to see how the community is run. Ms. Buck stated that if her daughter looses the parks she looses her chances for a better life. She cited the children in Juvenile Detention and the fact that they were not involved due to cuts in programs and parks. She stated that she does not want this for children or other children in this community. She stressed the involvement in youth sports and hoped that her children would put their children in organized sports. She noted that the parks mean everything to her family and asked that the Council give a unanimous vote for the ballot measure. Councilwoman Brinley noted that this item is calling for a reconsideration of the 50% plus one majority vote. She requested that Council give a positive vote on the issue since it is something people would like to see on the ballot. She noted that Proposition 218 was passed by a simple majority vote and stressed fair is fair. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT A RESOLUTION FOR A PROPOSED BALLOT MEASURE RELATING TO THE IMPOSITION OF A GENERAL EXCISE TAX AND DECLARE AN EMERGENCY RELATED THERETO WITH A SIMPLE MAJORITY VOTE OF 50% PLUS 1; APPROVED A TOTAL GENERAL TAX OF $2.8 MILLION TO BE COLLECTED IN A FAIR AND EQUITABLE MANNER; APPROVED AN ONGOING METHOD OF CITIZENS COMMUNICATION AND NOTIFICATION BE ESTABLISH TO MONITOR AND OVERSEE THE FUNDS COLLECTED WITH STATEMENT EVERY OCTOBER PRESENTED TO EVERY CITIZEN TO SHOW WHERE THE MONEY HAS BEEN SPENT AND TO INCLUDE CUT PERSONNEL, MATERIAL AND SUPPLIES TO SUPPORT THEM. PAGE SEVEN - ADJOURNED CITY COUNCIL MINUTES - MARCH 6, 1997 Councilman Metze asked if they might add an inclusion of service retention is the 11 employee members on City staff. City Manager Molendyk explained the presented measure would include the employees as well as the material and supplies to support them. Councilwoman Brinley called for a reverse roll call vote. THE FOREGOING MOTION FAILED BY THE FOLLOWING ROLL CALL VOTE.: AYES: COUNCILMEMBERS: PAPE, METZE, KELLEY, BRINLEY NOES: COUNCILMEMBERS: ALONGI B. Councilman Alongi s Proposed Ballot Measure. Councilman Alongi noted the many comments regarding closing parks and not loving children and noted that he has been here for 32 years. He stated that he has seen this City go from no crime to what it is today; he has seen this City have great reserves'and now the credit is in jeopardy because of the financing that went on prior to this Council and well as what this Council has done. He further stated that the survey is misleading as it asked if the public would support a $7 a month tax and the answer received a 52% yes with a 5% either way and the fact is that it is $10 and not $7. He explained that there were probably 52% that would vote for the $2.8 million tax, but not for the General Fund. He noted that there is a lot at stake when the City spends $29,000 and then the cost of a special election with the possibility of the election being challenged. Councilman Alongi stated that he would not support any taxes that would go into the General Fund, but that he would support a tax that would be designated for special accounts. He noted that the only emergency is the parks which lost $650,000, but the other items are not in jeopardy. He proposed that if the Council wished to go to a special election with parks only, then they have his vote, but otherwise no. He suggested that the distribution be as follows: Lake & Park $ 650,000 Capital Repairs and Replacement 350,000 Community Services/Senior Center Senior Center 50,000 July 4th Special Event 105,000 Winter Fest 25,000 Kids On Track 68,000 Miscellaneous Special Events 25,000 Recreation Staff (Balance to come from General Fund) 127,000 Youth Diversion Programs 40,000 Code Enforcement 100,000 Police Services 300,000 Community Services/ Public Works Staff (6 positions) 298,252 Total $2,338,252 PAGE EIGHT - ADJOURNED CITY COUNCIL MINUTES - MARCH 69 1997 Councilman Alongi stated that if the City must eliminate employees that is what it takes and in his budget he choose to eliminate half of the projected lay -off. He stressed that when people are being taxed, everyone should have an interest in those taxes and if there is something for everyone in the proposed tax then it makes it easier to pass. He noted that there are a lot of people in the community that do not have an interest in Little League or Soccer, but do support other things. He explained that to compare the School Bond Issue to the City Measure is unfair because there were several districts involved in that and if the facts were checked with the Registrar of Voters, then you would find that the City of Lake Elsinore supported the School Bond. He stated that he has confidence in this community and feels that they will vote a 2 /3rds measure and this way the funds are designated. Councilman Alongi explained that the City could have a new City Council in November with different ideas and noted that what he is trying to do is protect the taxpayer s dollars and adhere to Proposition 218. He stated that the 50% plus 1 is the law in a general election and is not the same issue at all. He addressed the small number of calls and letters that he received in regard to this issue and stated that he is giving the public the right to vote according to Proposition 218. He noted that in the survey the parks are not even mentioned and even a 50% plus 1 vote would be difficult to get for a General Fund Tax. He stated that with due respect to the City Attorney, he is not willing to take a chance on a 50% plus 1 vote. Councilman Alongi stated that the people know what we need and will support those things if it goes in special accounts, but if it is put in the General Fund someone with different priorities will come along and the funds are not protected. He noted that with a 2 /3rds vote and an assignment of the tax dollars, the people.would be able to support the measure with confidence. He stated that the there will be a Little League opening regardless of the vote. City Manager Molendyk indicated this was not a Proposition 218 Committee it was a Revenue Task'Force and they were looking for long and short term solutions. He stated that the Task Force came into being last April and were asked to balance the budget on the information available and Proposition 218 was not even addressed. He explained that Proposition 218 was passed in November which caused a further revenue loss of $650,000 from the LLMD and this was addressed by the Task Force after it had occurred, however the Task Force went further and reviewed the annual loss to State takeaways which amount to over $4 million in the last five years. He explained the reassessment by the County and prior cuts made by the City to balance the budget. He further explained that in 1997 -98 the City looses an additional $650,000 from LLMD for total budget reductions of $848,000 or eleven full time positions by July 1. He noted that if all the dollars are added up it totals $2.8 million. He stated that the committee felt this would maintain the level of services the community would like to have and a General Tax has nothing to do with Proposition 218, and asked the City Attorney if he was correct. City Attorney Harper stated that current law allows for General or Special Tax. City Manager Molendyk stressed that if the discussion is about the LLMD, then it would be addressed under Proposition 218, but a General Tax can be done through a general election at any time. Mayor Pro Tern Kelley questioned Councilman Alongi s proposal and requested clarification of $3 not accounted for in the $7, therefore it should be $10. Assistant City Manager Watenpaugh noted the existing assessment which will stay in place and detailed the portion that will go away. He explained that with the new assessment of $7 total or $3.85 more than the resident is currently paying. Councilwoman Brinley questioned the total. Assistant City Manager Watenpaugh further clarified what stays in place plus the new assessment. PAGE NINE - ADJOURNED CITY COUNCIL MINUTES - MARCH 6, 1997 Mayor Pro Tern Kelley inquired if July 4th, Winterfest, Kids on Track, Special Events and the Senior Center excluded total to $173,000. Councilman Metze corrected the amount and stated that it is $182,000 for Special Events. Mayor Pro Tern Kelley questioned the elimination of the library. Councilman Alongi stated that he eliminated the library and replaced it with Code Enforcement. Mayor Pro Tem. Kelley questioned if this includes laying off 5 people. Councilman Alongi concurred. Mayor Pro Tern Kelley stated that she has a hard time justifying that to provide fireworks and Winterfest means laying off 5 people and not providing services to the library does not seem like an option. She noted that Special Event items would be a fill when looking at five positions and their families as well as the library being open 28 hours a week. Councilwoman Brinley questioned which five would be laid off and from which department. Councilman Alongi stated that he did not see this Council and the previous Council complain when they took all the services and gave the funds to the ball field for the debt, as well as what was lost when money was loaned to the CID s or the elimination of Kids on Track. He stated that this is giving the opportunity to decide if people want to pay for the services. He stressed that the parks are the only emergency. He noted that the City has thrown money all over the place only to end up in debt and he is surprised that the City Manager is getting involved in this. He further stressed that the meetings were not about the General Fund, but about combating Proposition 218 and he felt that it is the peoples taxes and if they want to pay those taxes then let them decide if they will pay. He stated his concern with regard to excluding the County on these issues since they use the facilities and they should be responsible as well. He noted that when 30,000 to 40,000 people show up for a July 4th celebration, no one asked who paid for it and the City paid for it just the same. He noted that we are asking people to put up money to bring the services back. He stressed his position on his proposal. Councilman Alongi noted that the library is currently funded and the City has time to deal with that issue and the library is not affected by this issue, but Code Enforcement is and explained the need for Code Enforcement. He explained that it is very difficult to lay someone off, but the taxpayers have to pay the taxes for the employees and this was not addressed by previous Councils when they spent all the City s money and placed us in debt. He noted that this Council was not at the podium objecting to their actions; and now today we are faced with the decision to make lay offs to balance the budget. He stated that if the City is going to go for a special tax, then it should be to replace those items that are not funded. Mayor Pro Tem. Kelley stated that we are not speaking to what the previous Council has done. She explained that according to the long term and short term goals, Council made a commitment to stick to the plan and not dip into the reserves for any reason. She addressed the library and stated that the County will be laying off another 150 employees in the system; and the library is in danger. She further stated that the library is a reinstatement since it was open 48 hours and now it is only open 28 hours. She further explained that she still has a problem with laying off people for fireworks. MOVED BY METZE, SECONDED BY BRINLEY TO ADOPT A RESOLUTION FOR A SPECIAL TAX WITH 2 /3RDS VOTE TO BE ALLOCATED AS PER THE TASK FORCE RECOMMENDATIONS WITH THE CHANGES TO SERVICE RETENTION WHICH WOULD BREAK OUT INTO PERCENTAGES WITH FUNDS SPECIFICALLY DESIGNATED, OF THE $2.8 MILLION. PAGE TEN - ADJOURNED CITY COUNCIL MINUTES - MARCH 69 1997 Councilman Alongi questioned using the funds for whatever any upcoming Council wanted and questioned the $2.8 million and if any of it will go to Special Events for designated purposes which cannot be changed. 'City Attorney Harper confirmed. Councilwoman Brinley commented that it will be a tough battle with the 2 /3rds effort and hoped to see everyone supporting and working on it. She questioned charges for children who want to play and confirmed that the youth programs do not charge children who cannot afford to pay. Councilman Metze questioned the vote required. Mayor Pape clarified the alternative presented by the Committee and explained the designation of funds. He stressed the importance of being informed and helping inform others; and noted that this is an opportunity to save the lifestyle in Lake Elsinore. He noted the level of involvement sports plays in the community and stressed that it is a lifestyle. He stressed the need to talk to neighbors and encourage them to go out and vote. Mayor Pape explained that the people do not understand what has occurred for the last three or four years in the City and the revenue cuts that we ve experienced with service cuts and a large reduction in staff. He explained that we are at a point where the public will begin to see those things, such as the closure of the parks because the City is beyond being able to lay off internal people, and the public will begin to see another reduction in revenue if this doesn t pass. He asked that as soon as possible the staff assemble exact information on what will occur if the measure does not pass. He outlined the information that should appear on the report to allow the public the opportunity to see specific results of the revenue loss and what it will mean if there is no more money. Mayor Pape explained that the Committee was formed with a diverse group of people from the City to make recommendations; and it would be remiss of Council if they do not follow the recommendations. He noted that they came up with an alternative plan which is before the Council and has now been moved on. He stressed that Council needs to give the rest of the community the right to vote on the recommendations; and further stressed the dramatic effect on the residents of the community if they choose not to support the ballot measure. Mayor Pro Tern Kelley asked if there was a chance for questions at the end. She stated that she would be remiss not fighting for the library instead of Building Abatement. She stressed that she is not against Building Abatement, but rather she is for literacy and stated that the library hours were cut from 48 to 28 hours and with $95,000 the hours could add 16 hours a week. She stressed the amount of people served by the library; and now the County has announced another lay off and this will directly impact the City. She indicated that $50,000 would abate no more than 10 homes and stressed the priority as well as the need for literacy. Mayor Pro Tern Kelley stressed the benefits of the library and noted that it is our only public resource for information. She requested a reinstatement of funds to the library. Councilman Alongi stated that Council was getting closer MOVED BY ALONGI TO REDUCE COMMUNITY SERVICE TO $300,000; ADD $50,000 TO MAKE IT $100,000 STRUCTURE ABATEMENT; ONE MILLION FOR LAKES AND PARKS; $200,000 FOR CAPITAL REPAIRS; $90,000 YOUTH DIVERSION PROGRAMS; $100,000 FOR LIBRARIES. MOTION DIED FOR LACK OF A SECOND. Mayor Pro Tern Kelley questioned the figures that Councilman Alongi just suggested. PAGE ELEVEN - ADJOURNED CITY COUNCIL MINUTES - MARCH 6, 1997 Councilman Alongi indicated that what is recommended is good, but he has a problem with some of the figures. He stated that if taking away the fireworks is not important, then you are taking the celebrations away from the community and they are important. He stated that he is trying to meet half way on these issues. City Manager Molendyk stated that in response to why the City Manager is getting involved is because he feels he has a responsibility to point out certain issues. He stated that in 1991 the City had 69 employees plus fire and police for a total of approximately 200 employees; he reminded the Council that out of the 11 employees that will have to be laid off, 8 are full time positions. He noted that there are 12 people in Public Works and if any more staff are cut there is a real problem. He pointed out that if there is an emergency such as flood, fire or earthquake these people play an important role and if we loose them there will be no field service and stressed the responsibility to the community. He stated that at this time the City could not handle a disaster. Councilwoman Brinley asked if this included materials as well. City Manager Molendyk stated that about $206,000 is for supplies. Councilman Alongi questioned how many City Engineer s we have. City Manager Molendyk stated that we have two. Councilman Alongi stated that the City could get along with one and suggested starting from the top and working down. Councilman Metze called for the question. Mayor Pro Tern Kelley stated that she does not want a lay off. Councilman Alongi questioned if they want to go with the Committee s recommendation, and stressed that if this issue fails it is not his fault. Mayor Pape stated that this motion only needs a 2 /3rds vote and not unanimous the other required. THE FOREGOING MOTION WAS APPROVE BY THE FOLLOWING ROLL CALL VOTE. AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE PUBLIC COMMENTS Chris McColley thanked the Council for their consideration of the first proposal; but under the circumstances she will give the 2 /3rds a shot and hope for the best. She thanked Council for their support of the recommendation today and noted the hardships of the library. Chris Hyland thanked the Council for the vote and stated that she was sure that everyone would get out and vote in the manner that will pay off for the City. She stated that she would work to support the measure. Councilman Metze commented on the following: 1) Thanked Ms. Hyland for her support. 2) Stated that he always felt that 50% majority vote was the way it should be, but at this point 2 /3rds is the way we have to go. PAGE TWELVE - ADJOURNED CITY COUNCIL MINUTES- MARCH 6, 1997 3) He noted that Proposition 218 would not have passed on a 2/3rds vote. Councilman Alongi commented on the following: 1) Made note of the 2/3rds vote and indicatedhe is happy with this and does not especially like the division of the money, but he will work hand for the measure because it is important to the community. 2) Noted that what the people of the State of California want is a 2 /3rds vote and he may disagree with it, and does agree that 50% is right, but times have changed. 3) Thanked the Committee and noted that it has been a tough job and as a citizen of this community he realizes the importance of the services that the committee worked for. Councilwoman Brinley commented on the following: 1) Stated that she is glad that the measure will be on the ballot and that everyone will have to pitch in and work together. She stressed that this is not a bond measure and indicated she is sorry that we could not go by the first plan because of the difficulty in getting a 2 /3rds vote. 2) Stressed the importance of the youth programs and noted her son s participation and how it has benefited him. 3) Apologized to Mayor Pro Tem Kelley regarding the Library and noted the importance of this issue and stated that it will have to be addressed at a later date. 4) Thanked Committee for their hard work and stated that the Committee was from a good cross section of the community. 5) Stressed the amount of work required to have the ballot measure pass. 6) Noted the good that the Kids on Track program did and stated that she was sorry that it could not be kept. She noted that past programs that were done by the schools, but they can no longer afford to do them either. She stressed that it is a sign of the times. Mayor Pro Tem Kelley commented on the following: 1) Stated that there are many issues before Council today and each is equally important. She further stated that Lake Elsinore has the finest parks in the County and we need to assure that they don t close. She pointed out how many people use the parks as well as the number of youth groups and organizations that use the parks. She outlined the benefits of parks and the way it affects people lives. She addressed the economics of closing the parks and how expensive it would be to restore them. 2) Addressed opening the parks during daylight hours only for use. She noted that the fields are currently booked until 10:00 p.m. and there are not enough parks to use in day light hours only. 3) Addressed the 2 /3rds rule and the difficulty to obtain this number. She noted the voter apathy and encouraged everyone to get out and vote. 4) She cautioned the voters to be sure and understand the people we are electing and the Propositions that we are considering. She stated that her integrity was put on the line this week and she does not sell her vote to anyone and will vote for what is best for the City. She noted that this is not an I win, you loose situation. PAGE THIRTEEN - ADJOURNED CITY COUNCIL MINUTES - MARCH 6,1997 5) Stressed everyone should be concerned about what is right for the community. Mayor Pape commented on the following: 1) Stressed that what is important is that the people are given the opportunity to vote. Something is better than nothing and the alternative that would occur without having some say. 2) Noted that every weekend there are people moving to Lake Elsinore and most of them look at what the community can provide. He stated that the majority like the area, feel safe, feel they can talk to their neighbors and like the environment. He questioned what would happen if those conditions were not the same and how it would impact property values. 3) Stressed that the ballot measure provides basic services that most people have come to expect in the community and if there are other things that are desired they can be added in the future in the same manner. He stated that Council and the Committee stuck with the basics to provide proper service to the community. "U10111 "Wh /O THE MEETING WAS ADJOURNED AT 5:05 P.M. W. PAPE,,MAYOR ';YCN -� iASAD, CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 11, 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE '1 e11104'1 Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, Building and Safety Manager Russell, City Engineer O'Donnell, Assistant to the City Manager Best and City Clerk Kasad. a. Presentation - Report on IEEP - Brian Collins.(F:70.1) Brian Collins, President and CEO of the Inland Empire Economic Partnership, detailed the participants in IEEP, being approximately 100 private sector investors, 27 cities and two counties. He detailed the services provided and the operations of the IEEP. He noted an annual forum for presentation of small business plans to venture capitalists, efforts as the Inland Empire Film Commission, the Tourism Council, and the Inland Empire Marketing Program. He detailed the activities in each of those areas and noted the success of the marketing efforts to date. He detailed the future growth estimates for the Inland Empire and the future job needs in the area. He explained a program to generate 50,000 upper income jobs over the next 5 years. He also explained efforts to retain existing businesses and keep them healthy, and participate in local public policy to ensure a business friendly atmosphere. He offered to respond to questions from the Council and noted that they have calculated new rates for City participation at 33 cents per capita. PAGE TWO - CITY COUNCIL MINUTES - MARCH 11, 1997 Mayor Pape questioned the venture capital forum and when the events are held. Mr. Collins indicated that they are presented on an annual basis with the next on October 9th. He detailed the screening process, types of applications received and the preparation for business presentations. He noted that this is a very complete program and they are in the process of determining how many of the 11 presented last year actually received funding. Mayor Pape questioned who to call if businesses are interested in participating. Mr. Collins indicated that interested businesses can contact the Inland Empire Business Development Center at (909) 781 -2345. Mayor Pape questioned the Film Commission efforts and how Lake Elsinore rates in the selection process. Mr. Collins advised that the new brochure for the Film Commission contains a photo of the Diamond. City Manager Molendyk noted that the City became involved with the IEEP because it was a good way to stretch City marketing dollars. He further noted the Assistant to the City Manager Best is currently the Vice Chair of the Tourism Council. He also commented that the City is working the boat show in Del Mar this weekend. Mr. Collins concurred with Mr. Molendyk's comments and noted that their key issue is combining funds to develop an effective program. Mayor Pape questioned the IEEP job marketing efforts. Mr. Collins indicated that they will start by identifying the industries to focus on, attend trade shows and seek coverage in trade journals in the form of editorials and discussion pieces. PUBLIC COMMENTS - AGENDIZED ITEMS A request was received to address the following item and deferred to that discussion: Item No. 9. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 6, 7, 8 and 9. MOVED BY METZE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - February 11, 1997. (F:44.4) PAGE THREE - CITY COUNCIL MINUTES - MARCH 11, 1997 2. Ratified Warrant List for February 28, 1997. (F:12.3) 3. Received and ordered filed the Investment Report for January, 1997. (F:12.5) 4. Adopted Resolution No. 97 -13 approving execution of Program Supplement No. 011 to the Local Agency -State Agreement for Federal -Aid Project No. 08 -5074 relating to Mission Trail Pavement Rehabilitation (Diamond Drive to Malaga Road) (F:68. 1)(X: 156.2) RESOLUTION NO. 97-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING PROGRAM SUPPLEMENT NO. 011 TO LOCAL AGENCY -STATE /t AGREEMENT FOR FEDERAL -AID PROJECTS NO. 08 -5074 MISSION TRAIL PAVEMENT REHABILITATION (DIAMOND DRIVE TO MALAGA ROAD). PUBLIC HEARING 21. Declaration of Surplus Property and Offer for Sale - Moroni Street (AP #373- 043 -006 . City Manager Molendyk highlighted this item and the recommendations. Councilman Alongi suggested a study session to establish a policy on how to deal with city property; particularly with regard to selling property and how to sell it. He suggested a bid process with a set minimum price to make it equitable; and stressed the need for a policy to agree on. Mayor Pape noted the opinion of the real estate appraiser; that this is not a buildable property because it is very steep. Councilman Alongi noted that people either invest in property for need or profit, and indicated that you can't just go by the appraised value all of the time. He stressed the need for a policy on surplus property. Mayor Pape inquired how this property was originally acquired by the City. Mr. Molendyk indicated that while he would need to double check this piece of property, much of the City's surplus property was acquired by default on taxes. Mayor Pape opened the public hearing at 7:25 p.m. asking those persons interested in this item to speak. The following person spoke: Warner T. Reid, 290 Moroni Avenue, indicated that he is the resident attempting to acquire this property. He explained that he has lived in his house for 10 years and the subject property has an easement through it with telephone lines, old valves and water lines from the old water tower. He further explained that they park cars on the front of the subject property and PAGE FOUR - CITY COUNCIL MEETING MARCH 11, 1997 concurred that the property is very steep and practically unbuildable without cutting the lot back into the hills. He noted that the cost to level such a lot would be approximately $50,000. He commented that the lot adjacent to the subject property has been for sale the entire 10 years he has lived there; and explained that his interest in this property is to ultimately build a garage on the lot, attached to his home. He indicated that he has cut the weeds on the property to reduce his potential for fire damage; so the property has not meant a great deal of cost to the City. Mariana Mohylyn noted her past attendance at a City auction; and indicated that it is a crime for the City to take away the property because somebody did not pay something. She suggested that nothing is truly owned in America and stressed the need for reform of this situation. Hearing no additional requests to speak, the public hearing was closed at 7:30 p.m. Mayor Pape noted that the City acquired the property many years ago because someone did not pay their taxes; and although the City should have been responsible for weeds and some years appears not to have removed them; he noted that the property would generate revenues with the future property taxes on it. MOVED BY METZE, SECONDED BY KELLEY TO DECLARE THIS PROPERTY "SURPLUS" AND APPROVE THE SALE OF THE PROPERTY IDENTIFIED BY ASSESSOR'S PARCEL NUMBER 373 -043- 006 TO WARNER T. REID FOR $1,500. Councilman Alongi indicated that this lot is not buildable and noted the requirements to build. He further indicated that if the Council wants to sell the property, then anyone in the Community should have an equal opportunity to bid on the property. He stressed the need for a policy on how to handle surplus property. Mayor Pro Tem Kelley noted that the Appraiser's Report indicates that the highest and best use for this property would be to sell it to the adjacent property owner since it is so steep. Councilman Alongi indicated that it is not necessarily the best use just because the appraiser says so. He stressed that everyone should be given the opportunity to bid on the property, since it belongs to the people of Lake Elsinore, and it should be purchased for the most possible. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND BRINLEY ABSENT. PAGE FIVE - CITY COUNCIL MINUTES - MARCH 11, 1997 BUSINESS ITEMS 31. Second Reading - Ordinance No. 1027 - Zone Change 96 -3 - Missing Link. (F:172.2) MOVED BY ALONGI, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1027 UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE ZONING OF AN AREA FRONTING CAMINO DEL NORTE APPROXIMATELY 2,000 FEET SOUTH OF THE INTERSECTION OF 2ND STREET FROM R-1 (SINGLE-FAMILY RESIDENTIAL) (HPD) AND M -1 (LIMITED MANUFACTURING) TO C -2 (GENERAL COMMERCIAL) - ZONE CHANGE 96 -3: CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE 32. PERS Resolution No. 97 -12 and Ordinance No. 1028. (F:116.3) City Manager Molendyk explained this item, and clarified that it was believed to be part of the original contract; and this action brings the contract into compliance with what was agreed to. MOVED BY METZE, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 97-12 AND ADOPT ORDINANCE NO. 1028 UPON FIRST READING BY TITLE ONLY. RESOLUTION NO. 97-12 A RESOLUTION OF THE CITY OF LAKE ELSINORE, STATING INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. ORDINANCE NO. 1028 PAGE SIX - CITY COUNCIL MINUTES - MARCH 11, 1997 AN ORDINANCE OF THE CIr-Y OF LAKE ELSINORE, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. AYES: COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE 33. Commercial Project 97 -2 - A proposal to construct a bank building on a World Savings Bank. City Manager Molendyk highlighted this project. Community Development Director Leslie presented the exhibits of this project and explained the location on Grape Street. He pointed out the pad location and showed a rendering of the proposed building and explained its placement on the site. He indicated that they will move from the existing location on Lakeshore Drive to this location. He noted that they have included room in the design for future expansion, if needed. Councilman Alongi expressed concern that the left hand turn lane at this project is now becoming full and extending into the left hand lane. He inquired if the left hand turn lane would be closed with this project, and noted that the project is nearing build out. He questioned closure of the left hand turn lane with this project; and there is a line up to get in to the 76 Station. Community Development Director Leslie indicated that the condition on the 76 Station was that when they reached a certain traffic count, the turn lane might have to be closed. He noted that he will need to go back and review that project and conditions. Councilman Alongi addressed handicapped parking and noted discussion of a uniform design for handicapped parking for exiting on either side of the space. He noted a nearly serious accident at Albertsons, which involved a vehicle with a rear exist. He suggested that the handicapped parking for this project go directly across the project with three deeper spaces, to allow for a rear door to not open into the travel lane. He noted that the current plans are not preparing for the various vehicle designs available. Mayor Pape inquired if the area of the handicapped parking was a dead -end area, with no traffic passing the spaces. Mr. Leslie clarified the parking PAGE SEVEN - CITY COUNCIL MINUTES MARCH 11, 1997 configuration. Councilman Alc ngi stressed that the rear door would be into the driveway, and suggested transferring the spaces to the other side and lengthening the spaces into the green area. Mr. Leslie noted that there may be some difficulty with the change and ADA requirement compliance. Councilman Alongi noted other areas with similar configurations. Mr. Leslie stressed the problems with requiring the handicapped to cross a parking area. Councilman Alongi further suggested changes to the handicapped parking to allow for all types of handicapped vehicles, and stressed the need for a uniform solution. Councilman Metze noted that there are two spaces and by going across the parking lot there would be the ability to make the spaces deeper. Mr. Alongi indicated that it would be trading one safety factor for another. Mr. Metze indicated that the spaces as proposed are to the Code, but the doctors are too liberal with giving out the handicapped placards. Mr. Leslie noted his discussions with the applicant, and indicated that the they would not have problems with changes, but would be concerned with loosing parking spaces and noted a possible alternate configuration. Mr. Metze stressed the potential for deeper spaces by moving the spaces. Mr. Leslie offered to address this issue with World Savings representatives and review the ADA requirements; and noted possible obstacles in the redesign. Councilman Metze concurred with the recommended Condition 910. Mr. Leslie indicated that the applicant is working with the City Center Owner and the Future El Pollo Loco restaurant for sharing of a trash enclosure. Councilman Alongi indicated that he doesn't mind sharing trash enclosures, but he would like to see them pay their fee to CR& R. Mr. Leslie noted that it is a fairly common practice in shopping centers that the center actually pays for the trash pick -up and charges the tenants. He detailed other shops in the center and how their trash is handled. Councilman Alongi noted prior comments that they get rid of their own trash and stressed the CR & R charges. Mr. Leslie noted the need to collect the trash to allow for waste diversion tracking.. Mr. Metze reiterated the concerns with the handicapped parking area. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE COMMERCIAL PROJECT 97 -2 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL, WITH MODIFIED CONDITION #10 AS STATED BELOW. Subject to the attached Conditions of Approval and the Mitigation Measures contained in the certified Environmental Impact Report No. 92 -3 for the site (Elsinore City Center), the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, the Elsinore City Center Specific Plan, PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 8, 1997 and the Zoning District in which it is located. 3. The project complies with the design directives contained in the Elsinore City Center Specific Plan. 4. Conditions and safeguards pursuant to Chapter 17.82.00 of the LEMC, including guarantees and evidence of compliance with the conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82 and the Elsinore City Center Specific Plan. PLANNING DIVISION CONDITIONS Design Review approval for Commercial Project 97 -2 will lapse and be void unless building permits are issued within one (1) year of City Council approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the City Council through subsequent action. 4. Materials and colors depicted on the materials board shall be used unless modified by these conditions, Community Development Director or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all Riverside County Health Department requirements. 8. Meet all Riverside County Fire Department requirements. 9. No outdoor storage shall be allowed for any tenant. PAGE NINE - CITY COUNCIL MINUTES - MARCH 11;.1997 10. A trash enclosure shall be provided subject to City standards. The design and location of this enclosure shall be subject to the review and approval of the Community Development Director or designee prior to the issuance of building permits and its installation. If an agreement can be entered into with the management of the center or an individual business within the center and CR & R to use another trash bin/enclosure within the center, a trash enclosure will not be required. Prior to the approval of this alternative by the City, proof of this agreement shall be submitted to the Community Development Director or designee for review and approval. 11. All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right -of -way view. 12. Applicant shall use roofing materials with Class "A" fire rating. 13. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the I -15. Screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 14. All exterior down- spouts shall be constructed within the interior of the building or concealed from public right -of -way view. 15. All landscaping shall be installed as proposed within the applicant's preliminary landscape designs unless modified or changed by the Planning Department or City's Landscape Architect. 16. The parking lot landscaping designs shall provide at least one (1) twenty- four -inch (24 ") box tree for every ten (10) spaces with planter box, and subject to the approval of the City's Landscape Architect and Community Development Director or designee. 17. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %). a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street PAGE TEN - CITY COUNCIL MINUTES - MARCH 11, 1997 Tree List, a maximum of forty feet (40) (Per the Elsinore City Center Specific Plan) apart and at least twenty- four -inch (24 ") box. On areas where screening, is necessary trees shall be at least thirty six-inch (36 ") box size. c) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. 1) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 1) Security aspects of the landscaping shall be considered when reviewing final landscape plans. 18. All exposed slopes in excess of three feet (3) in height shall have a Permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 19. All exterior on -site lighting shall be shielded and directed on -site so as PAGE ELEVEN - CITY COUNCIL MINUTES - MARCH, 11, 1997 not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 20. Applicant shall annex project into the City's Landscape and Lighting District. 21. The proposed project shall comply with the approved Uniform Sign Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94 and the approved Elsinore City Center Specific Plan. All signage including freestanding signs shall be by City Permit and in conformance with the approved Master Signage Program. Individual sign permits are required prior to the erection of each sign. 22. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District ( EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 23. All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. 24. Trailers utilized during construction shall be approved by the Planning Division. 25. On -site surface drainage shall not cross sidewalks. 26. All Parking stalls shall meet the requirements of Section 17.66.040 and be double - striped with four -inch (4 ") lines two -feet (2) apart. 27. Painted arrows on the asphalt shall be located at all internal one -way drive aisles. 28. Prior to issuance of any building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 29. This project shall be subject to the Mitigation Monitoring Program contained in the Certified Environmental Impact Report No. 92 -3. 30. All vending machines, tables, kid's rides, newspaper racks, telephones and similar devices shall be concealed from view with a structure consistent with the building design. These shall be approved by the Community Development Director or designee prior to installation. PAGE TWELVE - CITY COUNCIL MINUTES - MARCH 11, 1997 31. The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Director or designee. ENGINEERING DEPARTMENT 32. Meet all Conditions of Approval for Tentative Parcel Map No. 27659. 33. Building roof shall drain to landscaped areas. ITEMS PULLED FROM THE CONSENT CALENDAR Traffic Signal Maintenance Agreement - Signal Maintenance Inc. Mayor Pape noted that the added traffic signals in the City, currently 11, allow for a better rate with an annual savings of about $692 per signal per year. He further noted that this helps to keep the LLMD costs down through diligent efforts by the City. Councilman Metze commended staff on this cost savings. MOVED BY PAPE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH SIGNAL MAINTENANCE, INC. 6. Increase in Nuisance Abatement Costs - Resolution No. 97 -14. Councilman Alongi noted on page 2 of 3 under the lien process, the preparation of alien is listed at $100. City Attorney Harper noted that this cost includes the checking of the title report, filing of the lien and related staff time. Councilman Alongi questioned why it is necessary for an attorney to file the liens. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97-14. RESOLUTION NO. 97-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA SETTING FEES FOR THE COST RECOVERY OF NUISANCE ABATEMENT. 7. Security Services Contract Extension - Diamond Stadium. PAGE THIRTEEN - CITY COUNCIL MINUTES - MARCH 11, 1997 Mayor Pape indicated that he pulled this item to note that this is a reduction. He explained that now that the City is dealing directly with Executive Star it was possible to negotiate a better rate, for a $21,000 a year savings. He stressed that the City is working to reduce costs, increase revenues and decrease expenses. Councilman Metze concurred that staff has done an excellent job in their efforts to reduce costs. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE SECURITY SERVICES CONTRACT EXTENSION FOR THE LAKE ELSINORE DIAMOND STADIUM WITH EXECUTIVE STARR PRODUCTIONS, INC. 9 Councilman Alongi indicated that he wanted to assure that there is a program or plan to recheck what the contractor for the City says he has abated and prevent the calls that people have cleared their own weeds. City Manager Molendyk noted that there are videos of the process, and deferred to Community Development Director Leslie. Mr. Leslie indicated that staff tries to videotape the lot before abating the lot and after abating the lot, to show that when inspected the weeds had not been cut and to show that the weeds were cut. He noted that staff has occasionally been mistaken in the past, and the video has helped clear up those mistakes. MOVED BY METZE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97-15. RESOLUTION NO. 97-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS, RUBBISH REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 129 PART 59 CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. PAGE FOURTEEN - CITY COUNCIL MINUTES - MARCH 11, 1997 9. Deed Acceptance - Stadium. City Treasurer Knapp noted that the old grant deed from the RDA to PFA listed assessor's parcel numbers which are still in the Lehr family name. He suggested that this be corrected in the processing of this paperwork. He stressed the need to check the tax records to assure that they show the City as the property owner. He noted that he did a study about one year ago which found that the City owned 230 parcels and indicated that there will be more when the SAWPA property is received. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE GRANT DEED ACCEPTANCE FOR THE LAKE ELSINORE DIAMOND STADIUM, FROM THE PUBLIC FINANCE AUTHORITY TO THE REDEVELOPMENT AGENCY. THE CITY COUNCIL MEETING WAS RECESSED AT 7:59 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:04 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Albert Grasso, 15057 Laurel Lane, indicated that he is a very unhappy citizen of Lake Elsinore and a 10 year resident. He questioned why the City is tearing up a beautiful street, Main Street. He predicted that the June election measure would fall flat on its back and stressed the level of expenses on his home. He indicated that the taxes are killing the old people and noted that seven family members moved from Lake Elsinore last year. CITY MANAGER COMMENTS City Manager Molendyk indicated that the work in the streets is being done by Elsinore Valley Municipal Water District to replace water lines in this part of town. Mayor Pape concurred that this work in the streets was very frustrating. City Manager Molendyk noted that staff has received several such complaints. CITY COUNCIL COMMENTS Mayor Pro Tem Kelley commented on the following: 1) Noted that the Friends of the Library Annual Meeting will be on Wednesday, March 12, 1997 at 7:00 p.m. Councilman Alongi commented on the following: 1) Noted that he served as Principal for the Day at Elsinore Middle School, and he was most impressed with the school that there was no PAGE FIFTEEN - CITY COUNCIL MINUTES - MARCH 11, 1997 graffiti and there appeared to be a lot of pride on the part of the students and staff. 2) Noted that the LEAF figures are still too high, and stressed the importance of having animals spayed or neutered to keep the numbers down. 3) Noted that he has received letters regarding Proposition 218 from Mr. Seepe, the Lakeview Inn, Jerry Harmatz, Del Rey Development, Chris Hyland and Mrs. Smithson. He commented that there is still a lot of interest in the vote and said that he has reviewed the tapes and no one has said we should closed half of the parks. He indicated that if 218 must pass, people will want to support the services int he community and get out and support 218. He indicated that there is something for everyone in the measure, but if it fails he still feel the parks will not close and this Council has to make some real tough decisions to keep them open. He noted that he supports 218 100% and will continue to do so; and is confident in the residents of Lake Elsinore that they want to continue the lifestyle already in- place. Councilman Metze commented on the following: 1) Concurred that Graham Street is atrocious, and noted-he spoke with Assistant City Manager Watenpaugh about it last week. He noted that during orientation it was decided that improvements should be curb to curb it is not being done. He further noted that he detoured up Kellogg street and stressed the bad condition of that road. He stressed that the smaller streets need to be improved curb to curb, and staff needs to assure that the contractors to so. Mayor Pape commented on the following: 1) Concurred and noted he was sorry the gentlemen left. He suggested that it might be time to explore something discussed at a League meeting; that once the road is paved over and smooth all utilities are noticed and future entry to the roadway are assessed a fee. He suggested that this makes the utilities think twice before opening the streets to do work. CLOSED SESSION a. Pending Litigation - Spectrum Group. b. Pending Litigation - Lou's Lakeshore Lounge. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:14 P.M. TO DISCUSS THE ABOVE PAGE SIXTEEN - CITY COUNCIL MINUTES - MARCH 11, 1997 MENTIONED LITIGATION. THE CITY COUNCIL MEETING RECONVENED AT 8:24 P.M. NO ACTION TAKEN. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:24 P.M. Gv KEVIN W. PAPE, MAYOR CITY OF LAKE ELSINORE ATTEST: VICKI K F&.-'AD, CITY CLERK CITY V W LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 25, 1997 ************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Community Services Manager Edelbrock, and City Clerk Kasad. PRESENTATIONS Presentation - Report by Chamber of Commerce. (F:108.4) Tom Thomas, President, Chamber of Commerce noted the following upcoming events: March 27th Mixer at Guadalajara Restaurant, April 1st Annual Meeting, April 5th Monte Carlo Night, May 24th Mini Grand Prix & Carnival. He encouraged public participation in these events. Presentation - Ortega Trails Recreation & Park District - Report on After School Program at Machado Elementary School. (F:109.1) Cathy Everhart, representing Ortega Trails Recreation & Park District, thanked the Council for the opportunity to speak; and introduced the staff working on the After School Program at Machado. She detailed the history of the program and the fluctuations in the program. She finther detailed grants received to fund portions of the program and explained future changes to the program. She highlighted the program hours, activities and requirements. She invited the Council to visit the I all-_ ,I PAGE TWO - CITY COUNCIL MINUTES - MARCH 25, 1997 Presentation - Report on Easter Sunrise Service. (F:62.1) Pastor Jim Hilbrandt, thanked the Council for opportunity to explain the event on behalf of the 14 churches participating in the service. He noted that this is the third year for Easter at the Diamond and advised that they have been meeting weekly for nearly three months in preparation. He reminded the Council of the first year's event which came about through efforts by Councilwoman Brinley. He indicated that it is a dream come true to be able to reach out to the Community in this way. He detailed the attendance at previous events and expressed belief that all 6,000 seats would be filled this year. He invited all to attend and noted the 100 voice choir, soloists, free parking, free seating and balloons for the kids. He expressed belief in the City and indicated that Easter brings a message of hope and strength to the people of the area. Presentation - Report on Lake Elsinore Children's Fair. (17:62.1) Community Services Manager Edelbrock noted the Week of the Young Child celebration and the Second Annual Children's Fair/Easter Egg Hunt. She indicated that the success of this event will be a direct result of the efforts of the planning Committee. She advised that there will be an Easter Egg Hunt and 45 vendors for this free event. She noted the sponsors of the event and indicated that Boy Scout Troop 332 has been invaluable in planning this event and providing assistance. She introduced the Easter Bunny who presented eggs to Council and Staff. PUBLIC COMMENTS - AGENDIZED ITEMS A Request was received to address the following item and deferred to that discussion: Item No. Lb. CONSENT CALENDAR ITEMS The following Items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. l .b. and 3. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - February 25, 1997. (FA4.4) 2. Ratified Warrant List for March 13, 1997. (F:12.3) PAGE THREE - CITY COUNCIL MINUTES - MARCH 25, 1997 4. Approved Public Hearing Date of April 8, 1997, for the following: a. Tentative Parcel Map 28524 & Variance 97 -2 - Marko E. Botich. (F: 110.2)(X:67.1) Tentative Parcel Map 28524 is to subdivide 3.7 acres into 3 parcels (commercial). Parcel l will be 1.04 acres, Parcel 2 will be 1.45 acres and Parcel 3 will be .90 acres. Variance 97 -2 is also requested to allow a substandard lot which street frontage is less than 100 lineal feet pursuant to Section CH, Highway Commercial District (Street Frontage width, page 141) of the Alberhill Ranch Specific Plan. Parcel 2 is being proposed with 28' lineal feet. The site is located at the southeast corner of Collier and Nichols. ITEMS PULLED FROM THE CONSENT CALENDAR Minutes (F:44.4) b. Regular City Council Meeting - March 11, 1997. Dick Knapp, City Treasurer, addressed item Lb., page 14, and provided an x update on his research and his comments of that evening. He indicated that / \ he has researched the Stadium through three title companies and all records show that the Lehr or Diamond Family own the property. He detailed the assessed valuations for the property and the parking lots and requested that someone correct this information with the Assessor's Office. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ABOVE LISTED MINUTES AS PRESENTED. 3. Claim submitted on behalf of Brad. Shirlene & Jamie Stone (CL #97 -3). (F:52.2) Mayor Pape indicated that he pulled this item for the public's information to note the absurdities. He noted that this claim was filed on a terrible accident on Highway 15 and specifically calls out the unincorporated area of the County of the freeway. He expressed hope that the attorney representing the claimants would do a better job on the litigation for the clients than filing the claim with the wrong agency. He noted the staff costs involved in handling this type of paperwork. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO REJECT AND REFER THE ABOVE LISTED CLAIM TO THE CLAIMS ADMINISTRATOR FOR HANDLING. PUBLIC HEARINGS No Public Hearings. PAGE FOUR - CITY COUNCIL MINUTES MARCH 25, 1997. BUSINESS ITEMS No Business Items. THE CITY COUNCIL MEETING WAS RECESSED AT 7:25 P.M THE CITY COUNCIL MEETING RECONVENED AT 7:30 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Chris Hyland, indicated that she wants to be sure she is on television. She indicated that the Resolution for Ballot Measure is a violation of Proposition 218 and she is in favor of the 2 /3rds vote. She advised that a new group has been formed called Citizens Against New Taxes. She noted that she was approached to collect funds to promote the Special Municipal Election. She indicated that this is ludicrous after spending $29,000 on 400 calls. She further indicated that C.A.N.T. will win in their campaign against the ballot measure. She commented that she has the filed quitclaim deed on the Stadium and it shows that the City does not own the land. She indicated that taxpayers are paying big bucks and management is not doing its job; and suggested that there is a need to start over again. She noted comments by Assistant City Manager Watenpaugh with regard to fencing off the parks and questioned where the money will come from to fence the parks. She indicated that there is a lot wrong in this City. Albert Grasso, 15057 Laurel, 10 year resident, noted that his family moved out and he will be next and in the meantime will raise all kinds of hell. He expressed concern with CR & R charging $200 a year for garbage. He noted the increase in franchise fees last July and suggested that it is not legal under Proposition 218, as it is a charge on the property. He questioned if the City would be rolling back the charges or if a lawsuit would be necessary. He questioned how the City could afford a $22 million Stadium and whether the kids deserve all the amenities. He noted that they still have to pay their price and questioned the fairness of this situation to people in their golden years. He apologized to City Manager Molendyk for his comments, but noted that he is not the only one in this situation. He stressed his inability to afford the prices being charged, as $200 a year for garbage is out of line. CITY MANAGER COMMENTS City Manager Molendyk reminded Council of the annual Students in Government Day program on April 22nd, and indicated that he is looking forward to working with the students. CITY COUNCIL COMMENTS Mayor Pro Tern Kelley commented on the following: PAGE FIVE - CITY COUNCIL MINUTES - MARCH 25, 1997 1) Thanked the volunteers for assisting at the library last Saturday, noted that a lot was accomplished and there will be future work days. She advised that interested parties should contact the library to assist. Councilwoman Brinley commented on the following: 1) Noted the Easter Sunrise Service, and indicated that she is proud of the event and it's increasing popularity. She expressed her pleasure with seeing this use of the Stadium. She expressed appreciation to the pastors involved. 2) Noted the news coverage of the reduced crime rates and congratulated the community on Neighborhood Watch, Safe Streets, etc. She further noted that Canyon Lake and Perris also saw reductions. 3) Reminded the Community of the Storm All Stars vs. The Angels at the Stadium. She also noted that opening day is April 7th, and there is a dinner for the team on March 31 st to welcome them back. 4) Noted that she received a lovely poem for Easter from Hal Holland and expressed appreciation to him. She indicated that she forgot it this evening, but will see to it that the Councilmembers get a copy. 5) Thanked the businesses and the Community for their sponsorship of the Children's Fair. 6) Requested that the City Attorney address the ballot measure questions presented by Mrs. Hyland. City Attorney Harper indicated that he was not certain of the comments, but it seems to him that what is on the ballot is a tax measure which requires a 2 /3rds vote to become effective. Mrs. Brinley noted that it was suggested that the verbiage was illegal. Mr. Harper indicated that the way it is on the ballot is legal. Mrs. Brinley questioned the Stadium deed. Mr. Harper indicated that he has not researched it, but to the best of his knowledge the appropriate title was received and recorded. He noted that as part of the conclusion of the litigation with LEA there was some swapping of parcels and to the best of his knowledge the proper property is owned by the City. 7) Wished the Community a happy and safe Easter. Councilman Alongi commented on the following: 1) Indicated that he would not address 218, and see what happens on the ballot. 2) Expressed hopes that the Sunrise Service would have a full house. PAGE SIX - CITY COUNCIL MINUTES - MARCH 25, 1997 3) Noted the Easter program at McVicker park, and indicated that he would like a smaller version downtown as well. 4) Noted that his program will air on Thursday with Mark Dennis available for phone in questions and answers on reclaimed water. He further noted that next month he has made an arrangement with Dave Fahrion from CR & R to tape the disposal operation to see what the state mandates require and give a better idea as to why the rates are what they are. He noted that he thinks there should be special programs to assist senior citizens. 5) Wished everyone a Happy Easter, and hoped to see them on Sunday. Councilman Metze commented on the following: 1) Questioned City Attorney Harper on the original bonds for the Diamond and the Sumitomo note. He questioned if it could have been used as collateral without ownership. City Attorney Harper clarified that it could not have been used without ownership being confirmed. Mr. Metze questioned the information provided that the deeds are wrong. City Attorney Harper reiterated that Sumitomo Bank was satisfied with the documentation. Mayor Pape commented on the following: 1) Extended condolences to Mayor Cora Sue Barrett of Canyon Lake, on the passing of her husband and expressed best wishes. 2) Noted that it was disturbing to hear the comments from the podium tonight; and referenced a letter from Mrs. Hyland on February 26th stating she would support a measure like Temecula's. He noted that the Citizen's committee tried to listen and took that information to heart and the Council went that route and what it presented is requiring a 2 /3rds vote and putting it into dollar amounts. He indicated that now he is a little bit perplexed on this flipflop, particularly when the requests were met, but she will now oppose the measure. He presented a parable and indicated that sometimes people don't change and will oppose everything being done. He encouraged people to consider the information and get the facts to make their own decisions on the June ballot. Mayor Pape requested the addition of one item to the Closed Session being Potential Litigation. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADD POTENTIAL LITIGATION TO THE CLOSED SESSION AGENDA. PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 25, 1997 CLOSED SESSION 1. Project Dimensions, Inc. vs. The City of Lake Elsinore. 2. Personnel Matters. 3. Potential Litigation. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 7:50 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:41 P.M. WITH THE FOLLOWING ANNOUNCEMENT: Mayor Pape read the following letter of resignation from City Manager Ron Molendyk March 25, 1997 Dear Mayor & City Council: This letter is to inform you of my intent to retire from the City of Lake Elsinore effective July 1, 1997; ending 36 years of public service. I have appreciated the opportunity of being your City Manager since October 8, 1984. During that time working with the City Councils we have enhanced the quality of life for all residents through better housing, Parks and Recreation, Retail and Industrial Development and Public Safety. The past 12 years have seen a professional and stable staff, assisting the City and Council in reaching and maintaining City goals. The City of Lake Elsinore and the surrounding communities have great potential to provide quality living and recreational opportunities. By working together to achieve these common goals the future will remain very positive. Thanks again for your support and assistance during my tenure with the City. Regards, RON MOLENDYK, CITY MANAGER CITY OF LAKE ELSINORE He noted that he also could provide press releases and photographs following the meeting. PAGE EIGHT - CITY COUNCIL MINUTES MARCH 25, 1997 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:44 P.M. v W MAYOR OF LA ELORE ATTEST: i�ICKI i{ASAij), ATY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 8, 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. INVOCATION The Invocation was provided by Father Gonzalez representing St. Francis of Rome Church. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, City Engineer O'Donnell, Building & Safety Manager Russell, Assistant to the City Manager Best and City Clerk Kasad. PRESENTATIONS a. Presentation - Certificates of Appreciation - Revenue & Services Task Force Members. (F:56.1)(X:59.1) Mayor Pape noted the time and effort of this Task Force to participate in the decision making process. He commented on the volume of information provided to the Task Force members regarding the impacts of recent legislation and the recession on the local economy. He thanked the Task Force for their efforts. Joyce Hohenadl, Chairwoman of the Committee, noted the ongoing efforts of the Task Force to provide information to the Committee and stressed the impacts if Measure BB should fail at the June 3rd Election. She further PAGE TWO - CITY COUNCIL MINUTES - APRIL 8, 1997 stressed the potential for closure of parks and removal of equipment. She noted that the amenities in the Community make it a positive place to live; and stressed the impact of deteriorating facilities on property values. She further stressed the number of residents who use the local parks for sports and leisure. She advised that efforts are underway to obtain hosts for coffees or campaign meetings and suggested that interested parties call (909) 674 -0788. Mary Venerable, addressed the Council and thanked them for the recognition of this participation and indicated that she was glad to have been a part of the Task Force. She indicated that this was a hard working committee, which asked many pointed questions of the City Manager and placed him on the spot for many hours on several occasions; and she was pleased to have been a part of it. She addressed Councilman Alongi and indicated that he cannot be allowed to ride the fence on Measure BB; or talk out of both sides of his mouth. She stressed the need for honest discussion of Measure BB on his television program. Mayor Pape presented Certificates of Appreciation to those Committee Members present, being: Mary Venerable, Thelma Ball, Joyce Hohenadl, Donna Franson, Mike Aller, Bruce Atherton, Ralph Ferro, Paul Niehouse, Tom Thomas, Tammy Fruin, Dave Bulen, Mike Mena The following Committee Members were not in attendance for the presentation and Mayor Pape requested that the Certificates be sent to them: Chris Brown, Debra Childers, Carol Gordon, Deloise King, Chris McColley, Dave Walsh, Phil Williams City Manager Molendyk thanked the Task Force for the time they invested in this effort and expressed staffs appreciation for their assistance. b. Proclamation - National Library Week - April 14 -20, 1997. (F:122.1) Mayor Pape read and presented the Proclamation to Mr. Stump, representing the library system. Mr. Stump thanked the Council for recognizing the importance of libraries for the Community, and noted that he was previously the Branch Manager of the Lake Elsinore Library. He stressed the importance of the library as a window to the world for children, adults and senior citizens. He advised that the library is wired for the 21 st century with an Internet Connection. Mayor Pro Tem Kelley noted that the theme for National Library Week is "Libraries Change Lives, Call, Visit, Log on ". She further noted that Wednesday April 16th is log on day for the Internet and explained the log on procedure. C. Presentation - California Department of Conservation - Surface Mining & CITY COUNCIL MINUTES - APRIL 8, 1997 Reclamation Act Lead Agency Award. (F:56.1)(X:103.1) Lee Thibadeau, Board Member, California Department of Conservation, explained the establishment of the State Board which is appointed by the Governor and totally self - sufficient; and the goals of the Board. He advised that Lake Elsinore is one of 23 lead agencies to receive a Certificate and Resolution from the State, recognizing compliance with State Mining regulations. He commented that Lake Elsinore has four mining operations in the City and one of the first cities to adopt a regulatory plan. He commended staff for doing a great job in complying with the requirements. He noted that financial assurances are an important part of the guidelines to assure that abandoned sites are handled appropriately. He fiuther noted that this compliance displays concern for protection of the resources where they are found. He reiterated that City staff was doing a great job and noted that the Council has shown good leadership in directing staff. He stressed that compliance is not an easy task and that is the reason the State is anxious to recognize successful efforts. He presented a certificate and resolution to Mayor Pape commemorating the Lead Agency Award. City Manager Molendyk recognized Community Development Director Leslie and City Engineer O'Donnell for their efforts in this area. d. Presentation of o, City Manager Molendyk noted that staff is trying to cover tax initiative issues for June 3rd and this is an effort to clarify where the tax dollars go. Assistant to the City Manager Best explained the gathering of property tax information and suggested that interested parties could obtain further information by contacting the City Manager's Office. She presented a Statement of Assessed Valuations from the County Assessor's Office and noted the County collection of property taxes and the distribution of a portion to cities, schools and special districts. City Manager Molendyk clarified the portion which is received by the City of Lake Elsinore. Ms. Best presented two tax bills from Tuscany Hills and another area of the City, and detailed the breakdown of the property taxes and stressed the total amount of taxes which come directly to the City. She requested clarification of Community Facilities District by the City Attorney. City Attorney Harper clarified that Mello -Roos Community Facilities Districts are formed at the time of development to finance public infrastructure; and generally speaking developers have chosen this type of District in order to have capital at a lower interest rate than available through a commercial lender. He explained the overall reduction in costs for the improvements and the related reduction in overall housing costs. He further explained the use of bonds to provide for this type of financing; and stressed that the City receives none of the CFD funds, as they go directly to the bond holders. City Manager Molendyk noted that the City is providing a service PAGE FOUR - CITY COUNCIL MINUTES - APRIL 8, 1997 much like the utilities which would be paid over a 12 month period. Ms. Best presented a graph of the General Fund Estimated Revenues, and noted that the estimated costs for Law Enforcement alone are $3.3 million. She stressed that property taxes alone are not adequate to provide the services the residents are accustomed to. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following item and deferred to that discussion: Item No. 22. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 7, 8, and 9. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Adjourned Regular City Council Meeting - March 6, 1997. b. Regular City Council Meeting - March 25, 1997. (17:44.4) The following Minutes were received and ordered filed: C. Planning Commission Meeting - February 19, 1997. d. Planning Commission Meeting - March 5, 1997. e. Planning Commission Meeting - March 19, 1997. (F:60.3) f. Design Review Committee Meeting - February 19, 1997. g. Special Design Review Committee Meeting - March 5, 1997. h. Design Review Committee Meeting - March 5, 1997. I. Design Review Committee Meeting - March 19, 1997. (17:60.4) 2. Ratified Warrant List for March 31, 1997. (F: 12.3) PAGE FIVE - CITY COUNCIL MINUTES - APRIL 8, 1997 3. Received and ordered filed the Investment Report for February, 1997. (F:12.5) 5. Received and ordered filed the Monthly Reporting on State C.O.P.S. Grant for January 31 and February 28, 1997. (F:84.8) 6. Approved Final Tract Map 22912 -4 (K Hovnanian) and accepted all dedications; authorized the City Clerk to sign the map and arrange for recordation and authorized the City Clerk to sign and obtain the signature of the Mayor on the agreement for the Construction of Public Improvements. (F:160.2) PUBLIC HEARINGS 21. Tentative Tract Man No 28524 and Commercial Project No 97-1 Proposed Commercial Lot Subdivision and Development of an AM/PM Mini -Mart on Parcel #1 located at Nichols and Collier. (F: 160.2)(X:58.2) City Manager Molendyk highlighted this project and noted the elevations which are compatible with colors and design of the Outlet Center. Community Development Director Leslie noted that this is only the design approval for the AM/PM Mini -Mart and not the adjacent restaurants. Mayor Pape opened the public hearing at 7:45 p.m., asking those persons interested in this item to speak. The following person spoke: Marko Botich, architect for the project, explained the partnership and the intent of this project. He noted that this project has already received approval by ARCO. He further noted that they have had several meetings with staff and all of them were very cooperative, in working in the spirit of good direction and fulfillment of a need in the area. He commented on the discussions and noted that they have tried to get to the land design and changes as requested for a good looking station which will be compatible with the Outlet Center. He advised that he believes both sides were working in good faith which is very much appreciated. He indicated that the only concern is with regard to costs and noted that the latest was the assessment district. He further indicated that they agree to the rest of the conditions even though some are very costly. He noted that the developers are nearing the end of their funds, but a loan for construction is in place and ARCO has committed to the project; but stressed the concern with the $69,000 relating to an assessment district which has not yet been formed. He indicated that City Engineer O 'Donnell has done a good job in reviewing the project and getting their share down to a minimal amount. He stressed that there is a major concern with paying into an assessment district which is not yet in place. He requested that the Council consider leniency on the payment of these fees and indicated that they are willing to secure it with letter of credit, bond, etc. PAGE SIX - CITY COUNCIL MINUTES - APRIL 8, 1997 Hearing no additional requests to speak the public hearing was closed at 7:52 p.m. City Manager Molendyk noted that it is the City Engineer's job to project traffic and development around the project and indicated that the Assessment District funds are based on the projections for the area and proportionate share for the improvements. He pointed out that since the drawing is conceptual the applicant is aware that with the future development Collier is a cul -de -sac and explained the stacking of traffic. Community Development Director Leslie clarified that they have discussed an assessment district with this developer, with the property owner on the other side of the freeway, and the Alberhill Ranch property owner. He clarified that with an Assessment District the developer would not necessarily pay the money up front, but over a period of years. He stressed the need for cooperation between the property owners to set it up; but in the meantime staff is recommending that the developer pay his fair share as a cash deposit in lieu of the assessment district. He reiterated that there is no assessment district in place at this time. Mayor Pape noted that there appears to be two matters of discussion, one on the assessment district and one on the appearance of the building. He suggested discussing the Assessment District issue with regard to timing of the payment and offered three possible alternatives. City Attorney Harper noted that after Proposition 218 there are questions on the ability to coerce a property owner to join a property based assessment district, but those would not solve the problem tonight. Councilman Metze questioned the staff report with regard to accepting a letter of credit at the time of building permit, and suggested that the proposal is not acceptable. City Manager Molendyk clarified that it was possible to work with the Council policy; but if the money is not in the bank or a letter of credit in hand, it causes a last minute political problem. He noted several instances in which this problem occurred and stressed the importance of some form of bonding. Councilwoman Brinley questioned what approach would be legally acceptable. City Attorney Harper indicated that the City has in the past requested a Certificate of Deposit to which the City is a beneficiary, which can be cashed out at buildout. He indicated that a bond generally does not work as well. He further indicated that a Letter of Credit has also been used in the past and is acceptable in this situation as well. Mayor Pape questioned the cash deposit required for a C.D., and noted that a Letter of Credit might be the most feasible. Councilwoman Brinley suggested that a Letter of Credit sounds like the safest approach. City Attorney Harper noted that a C.D. could be one established with Cash prior to the loan and assigned for this purpose. He indicated that either way the City is 100% protected. Mayor Pape questioned the feasibility of a Letter of Credit when permits are pulled and obtaining the money by the issuance of the Certificate of Occupancy. He stressed that this is an individual small business man, and noted that it is important to work with the applicants to encourage development. He indicated that he does not see a problem with working with the developers to allow for a Letter of Credit in the amount of $69,000 at the time of issuance of building permits. Councilman Metze inquired if this would be acceptable to the developers. Mr. Botich thanked the Council for this consideration and indicated that it would be acceptable as a Letter of Credit. He indicated that the only other point is that the $69,000 would be paid incrementally with the development of the site and explained the portions to be paid at each point in the development. Community Development Director Leslie indicated that staff had already worked this out with the applicant for the entire project; and detailed the break out for the overall project. Councilman Alongi inquired whether the money was to be held in an account. Mr. Leslie confirmed that eventually it will be used to start more detailed design analysis on the project as needed. Councilman Alongi suggested that with this postponement of the requirement until the Certificate of Occupancy, there be no further negotiations and the funds are up front before the doors are opened. Mr. Leslie reviewed the proposal and indicated that there would be no more negotiations. Councilman Alongi addressed page 3 of 43, Item No. 9, and indicated that he still opposes alcohol at any gas station, particularly within five feet of the cash register. He suggested that it should be placed in the back of the store. He expressed concern with the proposed Variance in that it was caused by the developer with the position of the pumps which are too close to the property line. He suggested that there is plenty of room to move the pumps and eliminate the need for the variance. He indicated that a variance should not be approved unless absolutely necessary, and noted that this is the third requested in a row for a variance by a gas station. He stressed that this owner is the cause of the variance. Mr. Leslie noted that the variance deals with the canopy requirements per the Code and explained the layout which caused staff to view this project as having some special circumstances. He clarified that this is an internal property line due to the parcel map. Mayor Pape questioned if the issue is a matter of four feet. Mr. Leslie confirmed, but explained that this makes it less than the minimum requirement. Councilwoman Brinley inquired whether the applicant would have a problem adjusting the project to meet Mr. Alongi's request. Mr. Botich noted that there are two sides to this issue, being the property line and the building. He indicated that it would not be a big hardship, but staff found the allowance necessary due to the slope of over 30 feet down to the site. He clarified the configuration of the property. He noted the impact of the Collier Avenue realignment as proposed. Mayor Pape concurred that this configuration makes more sense. Councilman Alongi stressed that these are minimum requirements rather than maximum; and questioned the distance of the pumps from the building and whether it is possible to change the configuration. Community Development Director Leslie indicated that he could have the PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 8, 1997' canopy structure closer to the building, but it would conflict with Fire Marshall requirements. Councilman Alongi stressed that a variance is a special consideration to be granted in cases of extreme burden on the project. He stressed that the developer owns the adjacent lots and intends to sell them, and a variance is not necessary. He suggested that this would be opening a can of worms with each of the station that come in for approval. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 28524 AND DESIGN REVIEW FOR COMMERCIAL PROJECT NO. 97-1, BASED ON THE RECOMMENDED FINDINGS, EXHIBITS A THRU D AND SUBJECT TO THE CONDITIONS OF APPROVAL AS FOLLOW, WITH THE ADDITION OF THE LETTER OF CREDIT TO BE SUBMITTED TO THE CITY IN ADDITION TO THE CONDITIONS OF APPROVAL. Councilman Alongi indicated that his aye vote was being given under protest. Mayor Pape welcomed the applicants to the community. Fin m 1. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. Conditions of Approval have been prepared to address identified conditions under which the project is currently being considered. These conditions provide a safeguard to insure that the project is keeping with current City goals and policies. 3. The site, subject to the attached conditions, is suitable for this type of development. 4. The project, on its own merit and within the context of its setting and as proposed and conditioned complies with the Goals, Objectives and Policies of the Alberhill Ranch Specific Plan, the General Plan, and the Zoning District in which it will be located. 5. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code as required by the Alberhill Ranch Specific Plan, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82. 6. That the requested use, as proposed will not be detrimental to the general health, safety, morals, and welfare of the persons residing in PAGE NINE - CITY COUNCIL MINUTES - APRIL 8, 1997 the neighboring area or the City. 7. Adequate conditions and safeguards pursuant to Section 17.76.050 have been incorporated in the approval of the variance to insure development of the property in accord with the objectives of the General Plan and the purpose of the C -H Zoning of the Alberhill Ranch Specific Plan. 8. Special circumstances exist, pursuant to the purpose of Chapter 17.76, applicable to the subject property which do not apply generally to other properties in the neighborhood, and, therefore granting of this variance shall not constitute a grant of a special privilege inconsistent with the limitations other properties in the vicinity and district in which the subject property is located. 9. Approving the variance from the strict interpretation of the Zoning Ordinance represents a minor deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. Conditions of Approval for Commercial Project No. 97 -1, Conditional Use Permit 97 -1, Variance No. 97 -1 and 97 -2 1. Design Review approval for Commercial Project No. 97 -1, Conditional Use Permit No. 97 -1, and, Variance No. 97 -1 & 97 -2. will lapse and be void unless building permits are issued within one (1) year of City Council approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director or designee prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Director or designee. All plans submitted for Building Division Plan Check shall conform with the approved plans or as modified by Conditions of Approval, the Planning Commission, or City Council through subsequent action. 4. All exterior down- spouts shall be constructed within the interior of the building prior to Certificate of Occupancy. PAGE TEN - CITY COUNCIL MINUTES - APRIL 8, 1997 All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened with architectural elements compatible with the proposed design so that they are not visible from neighboring proper public streets. Screening plan, if determined necessary, shall be approved by the Community Development Director or designee, prior to issuance of building permit. 6. All undeveloped lots shall be maintained in a neat and safe condition, with erosion and weed control methods applied by the developer as necessary to meet the approval of the Community Development Director until such time as these lots are built -out. If building permits are not issued within 90 days, all areas or pads graded, during the grading operation, shall be landscaped and irrigated. 7. The approval for the sale of alcohol shall be limited to the sale of beer and wine only. No general (distilled) alcoholic beverage sales. No alcoholic beverages shall be dispensed or sold through the drive - through window. 8. No onsite consumption of alcohol shall be allowed. 9. No beer or wine shall be displayed within five (S) feet of the cash register or the front door unless it is a permanent affixed cooler. 10. No advertisement of alcohol beverages shall be displayed at motor fuel islands. 11. No self illuminated advertising for beer or wine shall be located on buildings and windows. 12. In order to sell alcohol an employee shall be at least 21 years of age. This restriction applies twenty-four hours a day, seven days a week. 13. Window area can not be obscured with posters and advertising to the point that police patrols will not be able to see into the mini -mart. 14. Materials and colors depicted on the materials board shall be used unless modified by these conditions, Community Development Director or his designee. 15. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 16. Applicant is to meet all applicable City Codes and Ordinances including American Disability Act requirements prior to issuance of building permit. PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 8, 1997 17. Meet all Riverside County Health Department requirements. 18. Meet all Riverside County Fire Department requirements. 19. No outdoor storage shall be allowed. 20. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, 21. All roof ladders and accessory equipment shall be located within the interior of the building or in specially designed areas concealed from public right -of -way view. 22. Applicant shall use roofing materials with Class "A" fire rating. 23. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches entrances and crosswalks. 24. A Sign Program encompassing all signage shall be prepared and submitted to the Planning Commission for review and approval. 25. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of Building Permit. A Landscape Plan Check and Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %). a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30') apart and at least twenty- four -inch (24 ") box. On areas where screening, is necessary trees shall be at least thirty six -inch (36 ") box size). c) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 89 1997 f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. I) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. 26. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 27. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. Prior to final precise grading plan approval, applicant shall submit a lighting plan or reflect on subsequent building plans security lighting for the site, subject to the review and approval of Planning Department Staff. 28. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District ( EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 29. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 30. Trailers utilized during construction shall be approved by the Planning Division with appropriate bonds posted to insure removal at development completion. 31. On -site surface drainage shall not cross sidewalks. 32. Parking stalls shall be double - striped with four -inch (4 ") lines two -feet (2) apart. PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 8, 1997 33. Painted arrows on the asphalt shall be located at all internal one -way drive aisles. 34. Prior to issuance of any building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 35. The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Director or designee. a.) The applicant shall pay a $500.00 per acre Stephen's Kangaroo Rat (SKR) mitigation fee prior to issuance of a grading permit. Engineering Division 36. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 37. Commercial Project C 97 -1 shall be subject to all applicable conditions of approval for Parcel Map 28524 at building permit. Conditions of Approval for Tentative Parcel Map No. 28524 Planning Division Tentative Parcel Map No. 28524 shall be subject to all applicable conditions of approval for C 97 -1. Engineering Division 2. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. Dedicate underground water rights to the City (LEMC 16.52.030). 4. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). 5. Submit a "Will Serve" letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. PAGE FOURTEEN - CITY COUNCIL MINUTES -APRIL 8, 1997 6. Construct all public works improvements per approved street plans (LEMC, Title 12). Plans must be approved and signed by the City Engineer prior to final map approval. (LEMC 16.34). 7. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 8. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Department for construction of off -site public works improvements (LEMC 12.08 ). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 9. Applicant shall submit a traffic control plan showing all traffic control devices for development of this site, to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. 10. Developer shall pave Nichols Road. from easterly property line to I -15 on -ramp to accommodate a right turn lane for the southbound 1 -15 on- ramp. 11. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $1,000 per sheet for City digitizing. 12. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 13. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 " x 11" Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. 14. Applicant shall obtain any necessary CalTrans permits and meet all CalTrans requirements. 15. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 16. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. PAGE FIFTEEN.- CITY COUNCIL MINUTES - APRIL 8, 1997 17. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 18. Provide fire protection facilities as required in writing by Riverside County Fire. 19. Provide street lighting, show lighting improvements on street improvement plans, as approved by the City Engineer. 20. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed by this project and that have been constructed by the Redevelopment Agency. 21. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 22. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 23. The driveway on Nichols Road. shall be for right turn -in and right turn- out only. Developer shall provide some interim method of effectively restricting left turns in and out. 24. The northerly driveway on Collier Ave. shall be for right turn-in and right turn-out only. 25. Provide site distance analysis for the southerly driveway on Collier Ave. The site distance shall meet the design criteria of the CALTRANS Design Manual. If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 26. Applicant shall record a CC &R that provides for irrevocable reciprocal parking, circulation, ingress and egress, loading and landscaping maintenance easements in favor of all lots. It shall also enforce standards of building maintenance and participation in landscape maintenance. The CC &R shall be approved by the Community Development Director and shall be recorded with the final map. 27. A possible benefit assessment district is being considered in this area for the purposes of improving the interchange at I -15 and Nichols Road. If a benefit assessment district has not been formed at time of building permit for this project, the applicant shall contribute an PAGE SIXTEEN - CITY COUNCIL MINUTES - APRIL 8, 1997 amount not to exceed $48,000 toward these improvements based on the prorata fair share for the development's increment increase in the traffic. At minimum, the applicant shall submit a letter of credit for this amount in a form deemed acceptable to the City prior to issuance of building permits. Prior to issuance of Certificate of Occupancies, the amount must be converted from a letter of credit to an actual cash deposit with the City or a certificate of deposit assigned to the City in a form deemed acceptable to the City. The applicant can make contributions at issuance of building permits incrementally based on traffic generation for the building use that a permit or Certificate of Occupancy is being issued for at that particular time. 28. Developer shall contribute an amount not to exceed $20,000 toward the design and construction of a traffic signal at Collier Ave. and Nichols Road. The contribution is limited to the prorata fair share for the development's increment increase in the traffic. At minimum, the applicant shall submit a letter of credit for this amount in a form deemed acceptable to the City prior to issuance of building permits. Prior to issuance of Certificate of Occupancies, the amount must be converted from a letter of credit to an actual cash deposit with the City or a certificate of deposit assigned to the City in a form deemed acceptable to the City. The applicant can make contributions at issuance of building permits incrementally based on traffic generation for the building use that a permit or Certificate of Occupancy is being issued for at that particular time. 29. Roofs must drain to a landscaped area. 22. Declaration of Weeds Rubbish Refuse and Dirt as a Nuisance Prop Owners Notified - Resolution No 97 -17. (F:166.1) City Manager Molendyk reminded the community that this was an annual procedure for weed abatement; and encouraged abatement by property owners prior to the City doing so. Mayor Pape concurred that this is done every year. Mayor Pape opened the public hearing at 8:20 p.m. Mariana Mohylyn, 305 W. Sumner, indicated that Code Enforcement putting residents on notice is o.k., but administrative fees are not acceptable. She commented on revenue sources and noted that tenants don't pay taxes. She further indicated that property owners are victimized by local government, and most residents take taxes laying down. Mr. Molendyk noted that there are no charges if the work is done by the property owners. Mayor Pape concurred and stressed that if the properties are cleaned up there are no fines or fees. PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 8, 1997 Lori Brevaleri, tenant at 304 -1/2 Spring Street, commented that the City should stop raping the people with taxes. She indicated that the people should get together and raise the standards. Hearing no additional requests to speak the Public Hearing was closed at 8:25 p.m. Councilwoman Brinley noted that the notice which went out on February 11th, gives times and dates for hearings and timing to clear lots. She detailed the content of the notice and indicated that it was self explanatory. Councilman Metze concurred with the comments of Mayor Pape. He indicated that he would support higher administrative fees of $500 or $1,000; as the City is not in the business of cleaning other peoples' property. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-17. A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER .32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. BUSINESS ITEM 31. Second Reading -Ordinance No. 1028 - PERS Contract Amendment. (F:68.1)(X:116.3) MOVED BY BRINLEY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 1028 UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1028 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE PAGE EIGHTEEN - CITY COUNCIL MINUTES - APRIL 8, 1997 CITY COUNCIL OF THE CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Commercial Project No 97 -3 - Proposed El Pollo Loco Restaurant at the Lake Elsinore City Center. (F:58.2)(X:150.2) City Manager Molendyk highlighted the location of this project and the Planning Commission consideration. He indicated that this will be a good addition to the Center, but noted that there were some concerns with the corporate colors as proposed. He advised that the Planning Commission has recommended approval of the project, with color changes that are toned down to coordinate with the overall center. Community Development Director Leslie noted his conversation with the applicant and advised that they have agreed to work with staff on the colors to bring them more in line with the center. Dennis Malone, representing Highgrove Restaurants, advised that the colors depicted on the elevation are brighter than usual and they intend to make the colors conform with the center. City Manager Molendyk inquired when they would anticipate opening their restaurant. Mr. Malone indicated that they believe it will be late July or early August. Councilwoman Brinley thanked Mr. Schleuniger for his efforts to bring a quality center to the City on a timely basis. Mayor Pape questioned the hillside in back of the center and how it is coming with the growth. Mr. Leslie indicated that it was completed at the opening of the Denny's Restaurant, but recently he has observed that some of the plant material needs to be replaced. He noted that he has not had the opportunity to work with the landscape architect/inspector to have him go and check; but will do so. Mayor Pape inquired if direction to do so should be included in the motion or conditions of approval. City Attorney Harper indicated that it would not be appropriate on this project because there is no nexus to this project; and the obligation to maintain the landscaping is on the center developer. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY PAGE NINETEEN - CITY COUNCIL MINUTES - APRIL.8, 1997 UNANIMOUS VOTE TO APPROVE DESIGN REVIEW FOR COMMERCIAL PROJECT NO. 97-3, BASED ON THE FINDINGS, EXHIBITS A THRU D AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Conditions of Approval for Commercial Project No. 97 -3 "El Pollo Loco Restaurant" at the Lake Elsinore City Center" Findings Subject to the attached Conditions of Approval and the Mitigation Measures contained in the certified Environmental Impact Report No. 92 -3 for the site, the Proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, the Elsinore City Center Specific Plan, and the zoning District in which it is located. 3. This project complies with the design directives contained in the Elsinore City Center Specific Plan. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82 and the Elsinore City Center Specific Plan. Planning Division 1. Design Review approval for Commercial Project No. 97 -3 will lapse and be void unless building permits are issued within one (1) year of City Council approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the City Council through subsequent action. PAGE TWENTY - CITY COUNCIL MINUTES - APRIL 8, 1997 4. Materials depicted on the elevations shall be used unless modified by these conditions, Community Development Director or his designee. EWors shall be changed to include Tomato Bisque, Arizona Vdfite mi C-heer to the satisfaction of the Comrrrtmity Development Birectoi ox his designee. Window frames the proposed restmumit shall "Frazee" 4935A "Bovding 6reen", consistent with the approved col far the E- enter. Staff is to work with the applicant and develop a suitable alternative to the strict corporate colors of El Pollo Loco. The final color scheme shall be consistent with the approved color for the center with some variation and subject to the approval of the Community Development Director or designee. 5. A fully detailed scaled and dimensioned site plan shall be submitted to the City for review and approval prior to the issuance of building permits. This plan shall accurately show all parcel boundaries and dimensions including right -of -way. The plan shall also show all required setbacks. 6. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 7. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. Meet all Riverside County Health Department requirements. 9. Meet all Riverside County Fire Department requirements. 10. No outdoor storage shall be allowed for any tenant. 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of Certificate of Occupancy. 12. All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right -of -way view. 13. Applicant shall use roofing materials with Class "A" fire rating. 14. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the I -15. Cross sections for the proposed restaurant shall be submitted to determine if screening is necessary. If determined necessary, screening plan shall be approved by the Community Development Director, prior to issuance of building PAGE TWENTY -ONE - CITY COUNCIL MINUTES - APRIL 8, 1997 permit. 15. All exterior down- spouts shall be constructed within the interior of the building or concealed from public right -of -way view. 16. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %). a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) (Per the Elsinore City Center Specific Plan) apart and at least twenty- four -inch (24 ") box. c) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d) Planting within fifteen feet (15) of ingress /egress points shall be no higher than thirty-six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. I) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is PAGE TWENTY -TWO CITY COUNCIL MINUTES - APRIL 8, 1997 requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 17. All exposed slopes in excess of three feet (3) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 18. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 19. The proposed project shall comply with the approved Uniform Sign Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94 and the approved Elsinore City Center Specific Plan. All signage including freestanding signs shall be by City Permit and in conformance with the approved Master Signage Program. Individual sign permits are required prior to the erection of each sign. 20. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District ( EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 21. All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. 22. Trailers utilized during construction shall be approved by the Planning Division. 23. On -site surface drainage shall not cross sidewalks. 24. Parking stalls shall be double - striped with four -inch (4 ") lines two -feet (2) apart. 25. Prior to issuance of any building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 26. This project shall be subject to the Mitigation Monitoring Program PAGE TWENTY -THREE - CITY COUNCIL MINUTES - APRIL 8, 1997 contained in the Certified Environmental Impact Report No. 92 -3. 27. All vending machines, tables, kid's rides, newspaper racks, telephones and similar devices, if proposed shall be concealed from view with a structure consistent with the building design. These shall be approved by the Community Development Director or designee prior to installation. 28. The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Director or designee. Engineering Division 29. Commercial Project 97 -3 shall be subject to all applicable conditions of approval for Parcel Map 27659. 30. The roof must drain to a landscaped area. ITEMS PULLED FORM THE CONSENT CALENDAR 4. Proclamation -Crime Victims' Rights Week. (F:122.1) Mayor Pro Tem. Kelley explained the topic of this Proclamation and requested that Chief Walsh comment on the recent reductions in crime statistics and the impact of citizen participation on those numbers. Chief Walsh commented on the rights of victims which should be as respected as the rights of the criminals. He indicated that the City has availed itself as good witnesses and victims, helped solve a large number of crimes and reduce the crime rate. He noted that the reduction is approximately 400 less violent crimes last year than the previous year. He commended the citizens on their efforts and their interest in becoming involved; and expressed the appreciation of the Police Department. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROCLAMATION FOR CRIME VICTIMS' RIGHTS WEEK AND DIRECT STAFF TO TRANSMIT TO THE REQUESTING PARTY. 7. Award of Contract for Consultant Services for the Preparation of Plans Specifications and Estimates for the Spring Street/Chaney Street Pavement Rehabilitation Project - CNC Engineering Company. (F:156.2) Councilman Metze noted the staff report and stressed that the streets in the downtown area, where waterline replacement has occurred, is no where near completion. He expressed concern with the terrible condition the streets PAGE TWENTY -FOUR - CITY COUNCIL MINUTES - APRIL 8, 1997 are being left in; and stressed that the Council wants curb to curb improvements and they are not being done. Mayor Pape concurred. Councilwoman Brinley noted efforts by the League of California Cities to protect cities from this ongoing problem. She indicated that they have proposed a noticing program when a street is being repaved and utilities are granted a period of time during which they can do underground work prior to the paving; and after that there would be a moratorium for five years before it could be tom up again. She explained that in the event of an emergency there would be a very high fee for the work. She suggested a letter of support be sent to the League on this issue. She noted that a good example is Mission Trail in front of Town Center and stressed the mess left by the Water District at that location. Councilman Metze suggested input by staff prior to final approval of the Old Town Water project. City Engineer O'Donnell indicated that staff is working with the Water District to obtain repairs for two feet on either side of the trenching. Councilman Metze indicated that the policy was changed; and stressed that the City gets blamed and ends up having to repair the roads. Mr. O'Donnell inquired if there is a nexus to have the street resurfaced. City Attorney Harper indicated that the utilities are obligated to leave the streets in their original condition; and if that requires pavement surfacing from center line to curb then that is what they must do. Mayor Pape suggested a study session to discuss this issue and alternatives, and noted the issue of street life and the impact of work on the street to reduce that life and require more repairs. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE PROPOSAL FOR DESIGN SERVICES AND APPROVE THE AWARD OF A CONTRACT TO CNC ENGINEERING COMPANY IN THE AMOUNT OF $489968.64 FOR THE DESIGN OF IMPROVEMENTS FOR SPRING STREET /CHANEY STREET PAVEMENT REHABILITATION PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONSULTANT AGREEMENT. 8. Parking Prohibition for School Bus Stop on Mill Street in Front of Railroad Canyon Elementary School - Resolution No 97 -16. (F: 112.1)(X:142.1) Councilman Alongi noted that this item came up a couple of years ago with regard to loading and unloading, and busses parking in the middle of the street. He further noted that at that time a School Boardmember indicated that this impacted the parking for the volunteers. He expressed concern that the Schools don't come to the City to address their parking when it is developed, but only come to have the City fix the problem. He noted that the street sweeping has already been rescheduled in that area to accommodate the school. He suggested working with the School District in a study session to PAGE TWENTY -FIVE - CITY COUNCIL MINUTES - APRIL 8, 1997 address concerns of this type district wide. He noted that portable classrooms have been added with no notification or approval. He further noted the vacant property adjacent to the school which could be purchased to solve the parking issue. He expressed concern that the District wants the City to solve their problems and suggested a yellow curb along the whole area, to allow for drop off and street sweeping in the area. He reiterated the need for a study session. Mayor Pro Tem Kelley commented that schools do grow and this school was designed for many fewer children than it now houses. She indicated that the District has requested a red curb to allow for school buses; and noted similar problems at other schools. She further indicated that the yellow zone does not solve the problems and suggested that this is a simple and clear request. MOVED BY KELLEY TO APPROVE THIS REQUEST WITH A FUTURE STUDY SESSION TO LOOK AT OTHER LOCATIONS. MOTION FAILED FOR LACK OF A SECOND. Councilman Alongi noted that this problem has been going on since the schools were built and the District made no effort to acquire an adjacent property. He stressed that this is a public street on which citations could be written if the curb is used improperly. He indicated that it was important to face the fact that the busses are not the only ones unloading children, and suggested that the red curbs do not solve the problem. Councilwoman Brinley concurred that there is a need to sit down with the District to prevent future problems. She questioned the curb markings, the location for the buses, and where the parents will pick up the children. She suggested that there was a danger in having children crossing the parking lot to get to the buses. City Engineer O'Donnell clarified the placement of the red curb and the walking access for the children. Mrs. Brinley questioned who owns the vacant lot adjacent to the school. Mr. O'Donnell indicated that it was private ownership. Councilman Alongi expressed further concern with the location of the red zone and how it will be handled in the future. Councilwoman Brinley reiterated the need for a study session to provide for clarification. Councilman Alongi stressed the driveway configuration and detailed the direction in which students walk; and indicated that it is a very poor setup which needs to be thoroughly reviewed. He further addressed the parking of cars by the volunteers, and indicated that this will come up again when future development occurs.. Councilwoman Brinley concurred with need for a study session, but stressed need to address the problem as presented. Councilman Metze indicated that to understand this problem it is necessary to experience it by needing to go pick up a child when there are close to 1,000 students. He stressed the volume of traffic and suggested that it is nearly PAGE TWENTY -SIX - CITY COUNCIL MINUTES - APRIL 8, 1997 impossible to solve. Councilman Alongi stressed that the school is not built properly. Councilman Metze indicated that no parking zones will not solve the problem as it is impossible to solve this problem in front of any elementary school. Councilwoman Brinley questioned if the best approach would be to schedule a study session. Mayor Pape clarified the request by the school district and the configuration as proposed; and suggested that it was possible to express concerns to the School District, suggest other alternatives to reduce the problem finther, but he was not sure they can do anything in the near future. Mayor Pape indicated that he would have no problem with moving the buses to get them away from the cars and kids, as it seems logical and a step in the right direction. He expressed hopes that the School District can ultimately do more to address the problem. Councilwoman Brinley questioned if the motion should approve a study session to address other issues at the other schools. MOVED BY BRINLEY, SECONDED BY PAPE TO APPROVE RESOLUTION NO. 97-16 PROHIBITING PARKING TO ESTABLISH A SCHOOL BUS STOP ON MILL STREET IN FRONT OF RAILROAD CANYON ELEMENTARY SCHOOL; AND ASK STAFF TO SET A STUDY SESSION WITH THE SCHOOL DISTRICT TO ADDRESS THE CONCERNS AT OTHER SCHOOLS. Councilman Alongi stressed that part of the problem is due to the volunteers who park on both sides of the street. He indicated that there should be a yellow curb all along the front of the school, as this proposal is putting red curbs in front of a residence. Councilman Metze indicated that this will not solve the problem of picking up children; and people will need to learn to deal with it. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Councilman Alongi stressed that a study session should be set up quickly. RESOLUTION NO. 97-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS (MILL STREET). City Manager Molendyk highlighted this item and the special event dates. Councilman Alongi indicated that he pulled this item because it was down to the 1 lth hour again; and suggested development of a program which would detail what is required in the way of liability coverage, parking, etc. He PAGE TWENTY -SEVEN - CITY COUNCIL MINUTES - APRIL 8, 1997 questioned what the City would be getting out of the event; and clarified that he is not opposing the event, but rather the timing of the approval. He questioned who else could promote this type of event and stressed the need for regulations. Richard Nichols, resident of De La Llama, noted a conversation last week on special events, and noted the partial blocking off of the Lake. He further noted that the ramps are a nice set up, but having races would be almost impossible. He noted that he participated in the event that launched last year off of the State beach. He commented that the Council is routinely crucified for not raising funds, but those are situations to solve down the road. He questioned why the Special Events or Races are not more publicized in the newspaper. He suggested placing a banner to announce the special events on Main Street. He stressed the beauty of the Lake and noted the it is used as a training area for world competition teams. He suggested that the fees for special events which block a portion of the Lake should be higher. He further stressed the value of the Lake and the ability for it to produce revenue for the City. Mayor Pro Tern Kelley questioned whether the closure would be full or partial. Ms. Nanette advised that it would only be in the inlet channel. Councilman Alongi expressed concern that with more activities there is need to make more arrangements. Mayor Pape noted that the insurance is with Ski America insurance, and that there would be no food concessions for the event. He questioned the possibility of local charitable organizations having an interest in participating in this area. Sheryl Dettmers indicated that they have considered asking the local Little League to do so, and will after approval is gained for the event. Mayor Pape concurred that this would be a good idea. MOVED BY METZE, SECONDED BY BRINLEY TO APPROVE THE SPECIAL EVENT APPLICATION FROM THE INTERNATIONAL WATER SPORTS ORGANIZATION AND JACKIE NANETTE'S WATERSKI SCHOOL TO HOLD INT EVENTS ON APRIL 19 -20, JUNE 21 -22, AUGUST 23 -24, OCTOBER 24 -25, AND NOVEMBER 8 -9, 1997. City Manager Molendyk noted that there are a number of dates and if the group is counting on parking at the park, the City could guarantee the first two dates, but not the events beyond June. Councilwoman Brinley questioned the Little League tournament dates. Community Services Director Sapp indicated that they have not accepted requests for tournaments because of the potential closure of the parks in June. City Manager Molendyk clarified that all Little Leagues are finding that cities are not willing to step forward to make arrangements for playoffs. Mayor Pro Tem Kelley requested clarification that the first day is a practice day and the PAGE TWENTY -EIGHT - CITY COUNCIL MINUTES - APRIL 8, 1997 Sunday is the main event. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE CITY COUNCIL MEETING WAS RECESSED AT 9:09 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:11 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEM Mary Venerable, noted that she was excited about the Task Force recognition and failed to make points about Proposition 218. She advised that the Measure BB campaign is using YES to stand for Youth, Environment and Safety; and stressed the importance of each issue. She detailed the funds which would be earmarked as a result of Measure BB. She stressed that Measure BB is only a $3.85 per month addition to the existing taxes, which means BB should stand for "Big Bargain ". Mariana Mohylyn, 305 W. Sumner, noted that the Council meeting is a discriminatory process, and indicated that there was preferential treatment in this case. She addressed the strategy of City government to use Ms. Best to provide information on the LLMD and other items, but stressed that the property owners should be voting rather than the voters. She further addressed Crime Victims Rights Week and suggested that the residents be vigilant and involved. She also indicated that those using City services should be paying for the services. Chris Hyland, 15191 Wavecrest Drive, noted article in the newspaper and indicated that the Mayor has not yet mastered diplomacy. She indicated that a request to speak would not have been accepted if it was from anyone else; and indicated that he will not continue this favoritism. She further indicated that she is sick and tired of it, and stressed that the Mayor's actions were discriminatory. She noted the names she has been called, and addressed a letter by the Fosters that indicated she should know about "cronies ". She indicated that she is not bothered by the names she is called; and stressed that she has a first amendment right to speak. She addressed Councilwoman Brinley and expressed disgust with her activities. She inquired if the deed has been signed by the Diamond Family to put the Stadium in the name of the City. She expressed concern with the new Ontario Arena which will be completed in two years; and questioned what would happen to the Storm when the contract runs out. CITY MANAGER COMMENT City Manager Molendyk noted that work is underway for the ARCO Station at Four Comers. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: PAGE TWENTY -NINE - CITY COUNCIL MINUTES - APRIL 8, 1997 1) Commented on the Weed Abatement contractor watering before he proceeds with the abatement and stated that he would like to see an ordinance that would require an outside contractor to do the same. He stated that there have been some problems with dust from the private contractors who are discing very dry lots and the dust is flying all over the place and are doing business in our community without a business license and the City needs to protect ourselves. 2) Commented on Proposition 218 and stated his concerns. He noted that our own survey stated that only 52% of the people would go for a $7 raise, and of the 57% only 37% said that they would absolutely do it and the other 15% said that they were on the line. He pointed out that this must be done by a 2 /3rds vote which will be raising taxes that are not really earmarked as to how they will be spent. He further stated that he would support the issue if it was done by a 2rds vote, however he does not support the way that the funds are being collected and being put into different accounts. He reaffirmed that he will not oppose this measure, but he stated that he felt that the people of Lake Elsinore should pay attention when figures are being thrown at them. 3) Explained that property tax were never meant to pay for all the services in your community. He noted that years ago they did because our appetites were not very large, but now the public's appetites are much larger, therefore the property taxes cannot cover the things that they want. He further explained that is the reason why cities must make good investments, in order to pay for the additional services that their citizens want. He further noted that the pervious Council has placed us in the situation that we have now, because they made bad investments. Councilman Alongi stated that what he is trying to do with the measure is to be sure that the money is earmarked for each individual item. 4) Noted that the Senior Center patrons stated concerns regarding the closure of the Center should Measure BB not pass which they saw on a program. He stated that the Center is safe for a year due to the use of the CDBG funds and will not be disturbed. He further stated that those are the type of tactics that he does not agree with. He explained that Council needs to be up front with the citizens and note that the City screwed up; it wasn't the state or any other baloney; the reason is because we have bad investments and the tax dollars are going away. He stated that anybody that knows about the City budget knows what is going on. He explained that what need to be done is designate where the money goes and no matter who sits on Council it cannot be changed. He pointed out that the way that it is written does not protect the citizens tax dollar. Councilman Alongi stated that he did not disagree with the different organizations and entities that support this measure, but he stated that this Council has not voted to shut any parks down yet, and he feels that the public is being given misinformation. PAGE THIRTY - CITY COUNCIL MINUTES - APRIL 89 1997 He invited anyone who wished to debate him on this issue to come on his program and show him that he is wrong. He noted that the City of Lake Elsinore will not close down in June and if it does it is the peoples fault. He stated that the Council has no right to shut anything down, since the City belongs to the public. He pointed out that the people in the private sector that experience a financial set back adjust their budget to meet the shortage. He noted that cities are no different and must learn to adjust to a situation of less money. He asked why the City is trying to subsidize jobs and stated that it is the City's business to provide services which were taken away from the citizens because of the bad investments that were made and not because the City doesn't have the revenue coming into it. He again invited anyone on Council or in the public to come on his T.V. show and address this issue if they disagree with his opinion. He stated that he is tired of having the public misinformed and he will support a tax if the expenditure of the money is specific and cannot be spent in any other way. He explained how it should be designated. 5) Commented that he had tried to put on a program about CR & R to educate the public about the service and the cost. He noted that two members of the Council called the General Manager of CR & R and told him not to come on his program. He stated that they will deny it, but he had the program set up 60 days ago to take videos at the CR & R facility and then it was canceled at the last minute. He stated that now he is in competition with Vision and Views. He noted that he pays for his T.V. time and explained that he is not always correct. He explained that 85% of the time he is correct and 15% of the time he is not and he apologized for the times that he is not correct and tries to correct it on the next program. 6) Noted that he does not like anyone attacked from the podium and feels that the Mayor allows it to happen. He stated that he does not appreciate anyone attacking the Mayor or anyone else and feels that the Mayor should stop people from attacking him or anyone else. 7) He stated that he has major investments in this community, his family lives here and he does not want to see this community go down the tubes. Councilman Metze commented on the following: 1) Noted that the issues are listed separately on the ballot measure and read the items on the list. He stated that there seems to be a complaint between $650,000 for the parks and $400,000 for the Lake. He stated that this is a form of nit picking since Councilman Alongi had a chance to bring all of these issues up when he voted to approve the measure. He stated that Council had a 5 -0 vote and yet there is someone going PAGE THIRTY -ONE - CITY COUNCIL MINUTES - APRIL 8, 1997 around saying that we don't have to close the parks. He further stated that we will have to close the parks because the money is there or its not there. He asked if more people should be fired and if so, who is going to take care of the parks. He explained that it is not a threat, it is a fact of life. Councilwoman Brinley commented on the following: 1) Commented that Councilman Alongi has a habit of going to the extreme with everything and she feels that he lives on the edge sometimes. She noted that the money is earmarked as to its disposition and the Task Force will oversee the money. She explained that she has suggested that a tax report be sent to the community each year defining where the money is spent to educate the public as to what their dollar provides. She further explained that Councilman Alongi was correct when he stated that we needed to set priorities and this was done when the Parks, Lake, Seniors, Youth Diversion Programs, Code Enforcement and more police. Councilwoman Brinley noted that priorities were set and explained the Council's reasons for setting those priorities. She stated that she wants the public to know that this Council is not doing anything to threaten the public; that they are welcome to come to City Hall and go over the budget; have the budget explained to them. She explained that there is just no money and she is not denying that there have not been drains on the City due to projects that occurred in the past and this Council is working on that by developing better contracts, promoting the development of new businesses and the income that they will bring to the City. She fiuher noted that Council has encouraged privatization and has worked very had for the last year and a half to resolve our budget problems and will continue to do so. Councilwoman Brinley stated that there is not one of Council that would ever try to intimidate or use scare tactics toward anyone in the community. That is not their purpose for being Councilpersons. She stated that she can assure the community that four of Council own no property outside of their homes in this City, therefore they have nothing personally to gain and there is no reason to lie. She noted that whatever taxes that are imposed, they will pay the same as everyone else. She further noted that like the rest of the community, she does not want to pay anymore taxes, but she also does not want to see her community go downhill; or children on the streets with nothing to do; or Senior Citizens without a place to go. She stated that she wants to see this City as a safe and caring community, which when she was elected to office, that was a pledge that she made to herself. She stated that Council has tried to do that by the people that they have hired and the struggle that they have made with the budget. Councilwoman Brinley stated that if this measure does not pass, then Council will be faced with the hard decisions of closing parks and cutting staff even more, which will be a real hurt to this community. PAGE THIRTY -TWO - CITY COUNCIL MINUTES - APRIL 8, 1997 She pledged that she will work very hard to make the facts clear and by working together we can make this a better community. She noted that by working together we can see the light at the end of the tunnel and there is a future in Lake Elsinore. Mayor Pro Tern Kelley commented on the following: 1) Noted that it is opening day for the Storm and will be an exciting Baseball Season. 2) Noted that the Mini Grand Prix will be on Memorial Day weekend and that it should be a good event again this year. 3) Thank the Citizens Committee for the work that they have done towards the passage of Measure BB. She noted that everyone will hear quite a lot about Measure BB between now and the 3rd of June. She encouraged the citizens to read the facts and to decide on their own what they will vote. Mayor Pape commented on the following: 1) Noted how exciting it was to see two new businesses in town. He cited the new AM/PM on Nichols and I -15 as well as El Pollo Loco at the Wal -Mart Center. He further note the beginning of the construction of the ARCO at four comers. He stated that these are all desirable types of businesses that we want to see in town and because they were held to a high standard for their building, they will be an asset to our community. He explained that this will provide services for the citizens as well as revenue for the City. Mayor Pape stated that when faced with loosing as much revenue as the City has in the last four or five years and then the possibility of loosing more revenue, depending on what happens in June; it gets to the point where what else do we have to cut. He explained that in reality we don't have to close the parks; we can cut police services; we can reduce fire services. He further explained that when revenue is reduced, some type of service is going to have to be eliminated because there are not the dollars to pay for it. He noted that currently that revenue is going to pay for the parks and that is why that is discussed the most. He noted that it is least desirable to most people to reduce police or fire services and that is why parks are going to bear the brunt if Measure BB is not passed in June. He explained that the Senior Center will be affected the following year if the Measure does not pass, since the City may need the CDBG funds for something else and hours could be cut. He noted that the final decision has not been made since the issue will not be brought before Council until after June 3. He noted that if the Measure does not pass then there will have to be decisions made as to what services will have to be eliminated because there are no funds to pay PAGE THIRTY -THREE - CITY COUNCIL MINUTES - APRIL 8, 1997 for it. He explained that it is not a threat, but rather a fact of life and we will have to live within our means. Mayor Pape stated that the question before the voters on June 3, is what level of services do you want to see in your City. He stated that their choice will be if they want to have the parks open; provide extra police; tear down old buildings; increase Code Enforcement; insure graffiti removal; or would you rather have $3.85 a month in your pocket. He noted that for some people it will be a very easy decision and for some people it will be a difficult decision. He noted the turnout in the Mayor's election for Los Angeles only had a 13% turn out and he hoped that we would have a better voter turnout. He noted that the information regarding Measure BB is being televised on Local Cable 3 on the Vision & Views program, next Monday at 7:30 p.m. CLOSED SESSION a. Potential Litigation. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:42 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:10 P.M. WITH THE FOLLOWING ACTION: AUTHORIZED CHANGE ORDERS FOR ADDITIONAL FUNDS ON THE SEAPORT BOAT LAUNCH. ADJOURNMENT MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:11 P.M. v W. PAP , MAYOR OF LAKE ELSINORE FAT'l;E VICKI '�f, CITY CLERK C1'I Y OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 229 1997 The Regular City Council Meeting was called to order by Mayor Pape at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Brinley. ,► 1 1 a. The Invocation was provided by Pastor Joe Rivera, Pressing On Faith Ministry. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY,PAPE ABSENT: COUNCILMEMBERS: METZE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS a. Presentation - Report on Student Government Day. (F:142.3) City Manager Molendyk highlighted the Student Government Day activities and detailed the luncheon speaker's presentation. He thanked the students and staff for their participation in the program. Mayor Pape noted that it is always nice to work with the youth of the community. b. Proclamation - Water Awareness Month - April, 1997. (F: 122.1)(X:164.1) Mayor Pape read and presented the Water Awareness Month Proclamation to Mark Dennis, representing Elsinore Valley Municipal Water District. Mr. Dennis thanked the Council for this presentation. PAGE TWO - CITY COUNCIL MINUTES - APRIL 22, 1997 C. Proclamation - National Mental Health Month - April, 1997. (F:122.1) Mayor Pape read and presented the National Mental Health Month Proclamation to Mary Ashley, representing the Mental Health Department. d. Proclamation - Bicycle Appreciation Month. (F:122.1) Representative was not in attendance for presentation. e. Proclamation - National Nurses' Month - May, 1997. (F:122.1) Mayor Pape read and presented the National Nurses' Month Proclamation to Janice Pust on behalf of Ramona Visiting Nurses Association. f. Proclamation - Law Enforcement - Dept Greg Luna. (F: 122.1)(X:127.2) Mayor Pape read and presented the proclamation to Greg Luna and recognized him for his service to Lake Elsinore since 1988. Deputy Greg Luna expressed pleasure in serving the City of Lake Elsinore. g. Presentation - Report on Elsinore Valley Youth Court, (F :127.2) Kathleen Zupan, representing Elsinore Valley Youth Court, explained their new program and noted that it was a direct result of last year's Community Action Planning Conference and a recommendation by Chief Walsh. She detailed the program and the court room for the program, and noted the types of crime which will be heard and the benefits and rights of those participating. She offered to answer questions and advised that interested parties can contact Deputy Bressler at the Lake Elsinore Station (909) 245 -3332. She responded to Council questions and advised that the program is intended for 13 to 17 year olds; that they would prefer 15 to 17 year olds as volunteers; that the sessions will be held at the Municipal Court on Langstaff and the first session will be on May 1st, but the first official session will be on June 5th. It. Presentation - Fix It Together Program. (F:87.1) Steve Wallace, representing the FIT Committee, provided an update on the progress of the FIT program. He noted that it is also a result of the CAP Conference last year. He explained the objectives of the program and encouraged participation by students and volunteers. He stressed that they are trying to clean up the neighborhoods, and noted that the first house has been completed. He detailed the improvements provided by the 65 students from Temescal Canyon High School and about 12 adults. He noted the donations of supplies and funds to complete the work, and thanked City Staff and Elected Officials for their participation. He presented a video of the PAGE THREE - CITY COUNCIL MINUTES - APRIL 22, 1997 work completed and noted the types of experience gained by the students. He introduced Dorothy Ross to whom the first house completed belongs. Mrs. Ross expressed thanks to the volunteers and noted that this is a wonderful program. She stressed the transformation which occurred in this project and particularly thanked the young people for their efforts. She noted that she has owned the home since the 1950's and done only minor improvements since that time. Mr. Wallace noted that the Committee will be starting the second house on Saturday, April 26th. He further noted that the Temescal Canyon Football Team will assist with the project and advised that volunteers can contact him at (909) 244 -3252. I. Presentation - Chamber of Commerce Update Repo . (F:108.4) Representatives were not in attendance for presentation. j. Presentation - American Association of Retired Persons. (F: 144.1) City Manager Molendyk noted that the A.A.R.P. representatives were not able to be present. PUBLIC COMMENTS - A ENDIZED ITEM None Requested. CONSENT CALENDAR ITEM The following item was pulled from the Consent Calendar for finther discussion and consideration: Item No. 5. MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THAT THE BALANCE OF THAT THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - April 8, 1997. (F:44.4) 2. Ratified Warrant List for April 15, 1997. (F: 12.3) 3. Received and Ordered Filed the Required Monthly Reporting on State C.O.P.S. Grant for March 31, 1997.(F:84.8) 4. Adopted Resolution No. 97 -18 approving the Administering Agency - State Master Agreement for Federal -Aid Projects - Resolution No. 97 -18. PAGE FOUR - CITY COUNCIL MINUTES - APRIL 22, 1997 RESOLUTION NO. 97-18 A RESOLUTION OF THAT THE CITY COUNCIL OF THAT THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF MASTER AGREEMENT NO. 08- 5074 WITH THAT THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ADMINISTERING AGENCY - STATE AGREEMENT FOR FEDERAL -AID PROJECTS. (F:68. 1)(X: 156.2) ITEM PULLED FROM CONSENT CALENDAR 5. Request for Approval of Amendment to the Joint Exercise of Powers Agreement creating the Riverside County Habitat Conservation Agency. (F:76.3) Councilman Alongi indicated that he pulled this item to explain the proposed change, being that the voting procedure would be changed to require only a simple majority vote on actions. MOVED BY ALONGI, SECONDED BY BRINLEY TO APPROVE THAT THE THAT THE PROPOSED "AMENDMENT TO THAT THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THAT THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY ", AND AUTHORIZE THAT THE MAYOR AND CITY CLERK TO SIGN AND FORWARD THAT THE APPROPRIATE DOCUMENTATION TO R.C.H.C.A. Mayor Pape further clarified the proposed change. THAT THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC HEARINGS None. BUSINESS ITEMS None. THAT THE CITY COUNCIL MEETING WAS RECESSED AT 7:22 P.M. THAT THE CITY COUNCIL RECONVENED AT 7:25 P.M. CITY MANAGER COMMENTS City Manager Molendyk commented on the following: 1) Noted the official start of fire season. PAGE FIVE - CITY COUNCIL MINUTES - APRIL 22, 1997 2) Announced that on April 25th the City will be dedicating the new boat launch. 3) Noted a joint effort with the Chamber of Commerce to participate in the Anaheim Boat Show this weekend; for promotion of the Lake and tourism in the community. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, spoke on Measure BB and read one of the letters received by the "CAN'T" Committee. She noted that the writer is an 81 year old lady who is opposed to Measure BB. She further noted that AARP was to have spoken at this meeting in support of Measure BB. She indicated that scare tactics are being used with regard to the parks and the senior center. She suggested that the first fence be installed around the ballpark, and told the community that Measure BB is only one of three special City taxes to be added to the tax bill this year. She further suggested possible changes with regard to these funds. John Seepe, 15631 Half Moon Drive, indicated that neighbors wish for what is best for each other. He stressed the need for standards for fair and equitable treatment. He questioned the ability to seek respect from others when fairness and equality are ignored. He commented that the Council plays favorites during meetings and questioned what else they would be willing to compromise. He noted that the ballot measure requires consideration as to whether the City can be entrusted with more money. He indicated that he would like to tell his neighbors that as a fiscal conservative it is possible to disagree with the liberal Mayor. He suggested the existence of a double agenda, with the spreading of ignorance and misinformation. He indicated that if the Council wishes to be treated with fairness, honesty and respect, it is important to do the same as the leader sets the pace. Leroy Tucker, indicated that he has watched the construction of the boat launch and believes it will be enjoyed by many. He expressed congratulations for a job well done. He commented that on the other hand, he can not believe the way the contractors are allowed to come into the City and tear up the streets. He noted work done in front of Stater Brothers at Four Corners and indicated that the street has never been completed. He further noted work on Lakeshore /Graham and expressed hopes that the Council would drive the streets and see the shoddy job being done. He also noted work at Grand Avenue /Orange Grove and Grand/Terra Cotta and indicated that the left turn lane goes into nothing, and another traffic lane is needed. He suggested that City Engineering, the Contractor or the Inspector does not know anything about laying asphalt. He thanked the Council for the opportunity to speak and again congratulated the City on the new launch. Mayor Pape expressed concurrence with Mr. Tucker's comments and suggested that the road concerns be discussed with the Water District representatives, and noted their presence in the audience. Jack McColley, 29072 Palm View, discussed Measure BB and a recent flyer circulated by the "CAN'T" group. He indicated that Measure BB is for the betterment of Lake Elsinore. He concurred that it is a tax, but indicated that a PAGE SIX - CITY COUNCIL MINUTES - APRIL 22, 1997 portion of it was a portion of the LLMD which was existing and exempted under Proposition 218. He further indicated that the funds raised by BB will be used only for the intended purpose; and clarified that Proposition 218 states that any assessment used for bond indebtedness, would be exempted. He noted that the flyer does not address the issues, and stressed the importance of residents getting the facts and voting on the measure. Chris Mc Colley, 29072 Palm View, addressed Measure BB and noted that she is serving on the Committee proposing passage. She stressed that Measure BB was recommended by a Citizens' Task Force which reviewed City finances and services. She further stressed that this was a unanimous recommendation of that Task Force to the City Council. She noted that in the next six weeks there will be many opportunities to learn about Measure BB. She further noted that Visions and Views will air every Monday night to explain the issues. She stressed the importance of asking questions and attending Town Hall Meetings to gain information; and detailed the dates and locations of the Town Hall Meetings. She further stressed the importance of this issue, as it will impact the quality of life; and stressed the need to protect the investments of the residents and become educated on the Measure. She reiterated the importance of registering and voting on this issue. She noted that there will be literature presented by the opposition and stressed the need to find solutions rather than making accusations. CITY COUNCIL COMMENTS Mayor Pro Tem Kelley commented on the following: 1) Noted that this has been a pleasant meeting with all of the Proclamations and Presentations. 2) Thanked the students who shadowed her during Student Government Day, and noted their tour of the Lake and visits to other City facilities. She indicated that the students had many good questions. 3) Reiterated that the most important thing citizens can do is to educate themselves on Measure BB. She stressed the importance of asking questions and searching out the answers to make informed decisions. She noted a newspaper article regarding Quail Valley and the shortages they face; and detailed the assessments they are seeking. She noted comments by a resident in that area who will not support the issue; and stressed the importance of looking at the Community as a whole. She stressed the variety of services covered by Measure BB and noted the dates of the Town Hall Meetings and upcoming Coffees where information will be provided. Councilwoman Brinley commented on the following: 1) Noted that it is always a delightful experience to deal with the youth and see their participation. She indicated that they are ready to explore PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 22, 1997 and learn; and thanked her counterparts for their interest and participation. She finther thanked Goat Breker for his presentation on Motorcycle racing from last year and noted the upcoming races. She stressed that the event will be open to all ages. 2) Reminded the Public of the boat launch dedication at 10 a.m. on Friday morning, and noted that it is a beautififl facility. She invited participation by the community. 3) Addressed Mr. Tucker and advised that the Elsinore Valley Municipal Water District meeting is tomorrow morning at 9 a.m. and suggested he address his street repair concerns with them. She concurred that something does need to be done, and indicated that this is not the first complaint she has received. 4) Invited residents to watch Visions and Views at 7:30 p.m. on Monday evening to obtain the facts on the Measure BB issues. 5) Noted the Water Ski Races to be held on the Lake on Saturday, starting the third year of events, and encouraged attendance and participation. 6) Addressed Measure BB and indicated that if anyone would like to have Councihmembers out to discuss the issues with neighbors, they should call City Hall at ext. 204 to make the arrangements. She noted that Council will be walking the area and happy to address residents. She stressed the tough issues to be addressed at this time for local governments. She finther noted that the County had an 86 member advisory committee to determine the best approach and compared it to the City task force on the issues. She encouraged all residents to learn and ask questions. Councilman Alongi commented on the following: 1) Noted his enjoyment of Student Government Day and indicated that it makes one envious of families who still have children at home. He expressed appreciation of the opportunity to show the students what government is all about. 2) Responded to Mr. McColley and indicated that Measure BB is not the same as Proposition 218, and advised that he will neither support or oppose the Measure. He indicated that it is up to the citizens to vote. He further indicated that the Quail Valley issue is not the same as Measure BB. He concurred that it is a very important issue for the community, as it involves a number of services. He noted the threatened services due to lack of City revenues and stressed that the citizens must decide. He indicated that he will not go to homes to discuss the matter, but will act on the decision of the voters. He PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 22, 1997 questioned Mrs. McColley about use of the Community Center and other public properties; and questioned the ability to debate the issue by the other side. 3) Noted that the big problem with the street projects is that all bids are based on minimum requirements. He noted his past questions to Mr. Dennis with regard to the standards and stressed that the potential for a nice job existed, shy of the minimum standards. He suggested that it is a shame, because the taxpayers pay a lot of money to take care of the streets and now they look like a patch job. 4) Indicated that he will keep repeating the information on the Teddy Bear program for the Sheriffs department; and stressed that it is a good program. He explained the magnitude of incidents involving children and indicated that the program is a very small price to pay. 5) Noted that he is happy to see the boat launch done, and expressed hopes for high use. 6) Noted that his television program will be on Thursday, and advised that he took some video yesterday at CR & R, to show the type of program they have and how they process the trash from the communities. He indicated that he will explain the expense of the service. Mayor Pape commented on the following: 1) Noted that it was reported in the newspaper that he and Mr. Molendyk were in Sacramento to lobby before the Assembly Committee to obtain funds for improved water quality in the Lake with aeration and calcium treatments. He announced the success of that meeting and advised that the legislation now moves on the Appropriations Committee for consideration. He noted the benefits to boaters in Southern California, and indicated that he will continue to work on obtaining the funding. 2) Noted the letter discussed by Mrs. Hyland and suggested that the lady should get in touch with the County Assessor's Office to reduce the 1% property tax and m turn the payments. He stressed that the bill is being paid based on the value of the home. He reiterated that the City would get about $65 on a home of that value, with the balance of the taxes going to other entities. He stressed that the City receives one of the smallest pieces of the pie. 3) Addressed comments about the City having the dollars to fence the parks, and indicated that if that is a concern, it must be expected that the parks will close if the Measure does not pass. He questioned the logic of the discussion. He stressed that Measure BB is a direct result PAGE NINE - CITY COUNCIL MINUTES - APRIL 22, 1997 of 218 and services are definitely threatened, as a certain amount of services will be cut. He further stressed that the parks will close if there is no money to maintain them.. He reiterated the importance of being aware what the issue is about and voting on June 3rd. 4) Addressed road conditions at Lake Street/Lakeshore Drive and indicated that he drives that area every day and has questioned Community Development Director Leslie on this issue. He indicated that he will continue to address it and assure that it is taken care of. He noted that there are continuing questions with regard to when the homes will be built along Lakeshore Drive, so the road will be completed. 5) Addressed economic development and how it will help the community, and noted that a number of projects are preparing to move forward. He noted the attendance of this meeting by the financial advisor to explain his position on the need for growth in economic development. be noted the Water District meeting tomorrow and the potenfi,-A impact of their action on economic development in the community. He commented that the District holds their meetings in the morning and they are not televised. He noted the impact of water costs which will impact the overall cost of projects. He encouraged attendance at that meeting to express concerns and encourage the District to review this matter further through public hearings and additional input. He commented that he knows the Water District wants to be responsive on the paving issue; and stressed that the road condition is not acceptable. 6) Noted that there is a first time for everything, including the first time he has ever been called a Liberal. He indicated that while this is humorous, it is also a sign that the Election is heating up early this year. 7) Reminded the community of the Visions and Views program on Measure BB; and noted that it is a full hour program. CLOSED SESSION a. Pending Litigation - Lake Elsinore Recreation Area. b. Potential Litigation. THAT THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 8:16 P.M. THAT THE CITY COUNCIL MEETING RECONVENED AT 9:55 P.M. WITH THE ANNOUNCEMENT THAT COUNCIL AUTHORIZED STAFF TO RETAIN GAIL MONTGOMERY OF LEWIS, D'AMATO, PAGE TEN - CITY COUNCIL MINUTES - APRIL 22, 1997 BRISBOIS & BISGAARD TO REPRESENT THAT THE CITY IN THAT THE PENDING LITIGATION WITH LAKE ELSINORE RECREATION AREA. ADJOURNMENT MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:56 P.M. 6v VIN W. PAPE, MAYOR CY OF LAKE ELSINORE T T EST: A- .. 4 VICKI KASAD, CITY CLERK CIr ►' O F LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 6,1997 n�xx * ■wsa•x���e �e�x,e �e�a�e �eanaa, ea�na�e�ea�e��xxx�ex�x�x�ex�exa *�ex��e�x *�e�� *,e�� *s�� *�e����• CALL TO ORDER The City Council Study Session was called to order by Mayor Pape at 3:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pape ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, PAPE ABSENT: COUNCILMEMBERS: BRINLEY, METZE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Assistant to the City Manager Best and City Clerk Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS None. 1. Library Study & Facilities. (F:98.1) City Manager Molendyk noted the items for discussion relating to the library. Mr. John Heiss, representing David M. Griffith & Associates, explained the work completed for the cities of Lake Elsinore and Temecula in evaluating library services. He explained that this work began before the collapse of the Riverside City/County relationship. He detailed the work that his firm has done with the Task Force from the cities of Lake Elsinore, Murrieta and Temecula. He indicated that the best course of action is a joint effort to operate a library system; which is tough without agreement between the cities. He noted the RFP's for library service which were prepared for the County and indicated at this time he is not certain of the results of the RFP's. He presented the preliminary findings of the study and again noted the need for agreement between the cities before proceeding. He noted that a community meeting was held and at that meeting they reviewed the feasibility of a variety of relationships between the cities of Lake Elsinore, Murrieta and Temecula. His firm found that none of the three cities could operate a library without an additional funding source and they examined this by looking at the situation from the perspective of the existing revenue bases. Mr. Heiss noted that they interviewed the City Managers and City Councils to evaluate the financial possibilities; and indicated that he suspects even Temecula could not fully fund a library system. He stated that if one or all of the jurisdictions withdraw from the County Library System, under current legislation the County does not have to contribute any funds, but this situation may change with future legislation, within the next year or so. He explained that they examined the key issue from two perspectives; individual cities and overall area. He stressed the need for revenues from the unincorporated areas to make the options work and detailed the revenue base upon withdrawal from the system which would amount to about $170,000 for the current year PAGE TWO - CITY COUNCIL STUDY SESSION - MARCH 6, 1997 for Lake Elsinore. Mr. Heiss noted that the library in Lake Elsinore could not function as a stand alone library. He explained that they have considered the use of a building of 10,000 square feet and what it would cost for a basic 30 hour week which would be difficult to do for less than $500,000 a year. He noted that it is a similar situation in other cities with Temecula providing closer to 48 hours a week. He explained that they projected revenues for the different cities and their growth potentials from the current calendar year to the year 2010 and stated that only Temecula would be able to operate a stand alone library. He further stated that the conclusion reached is that it does not make sense to do it on an individual basis. He explained the long range suggestion is for a common library service area for the valley which would allow for sustanence of the current service levels and provision of the opportunity for substantial enhancements down the road. He noted that it is important to look at the library related property tax from the entire region and using the three school districts boundaries to define areas, this would figure would be about $1.2 million in property tax now and should increase based on projections. He further noted that this would demonstrate the longer term value of joint action, and the impacts of subsidization. He indicated that if a regional service system existed there is enough money to sustain current service levels and provide some short term dollars to meet expectations. He explained that they are looking at running the best facility possible for the area, with an improved or larger facility in Lake Elsinore and a facility within the Murrieta community. He noted the potential of difficulties with the return of funds to the system if the County enters into a private contract which could prevent the funds from being used by the cities unless there is a change in legislation. He gave an overview of a proposed stand alone system for the region and explained that it would entail operation of the Temecula - Murrieta library 48 hours a week and rented space in Lake Elsinore of 10,000 square feet. He presented a chart demonstrating the value of joint action for about $1.2 million a year. He noted the potential for surplus based on the growth potential and suggested that the cities could ultimately use the surplus to open a fourth library within the system. He stated that the Cities could include the formation of a Library District. Mr. Heiss offered to answer any questions and stressed the importance of a joint effort. Mayor Pape questioned the potential of participation by Canyon Lake. Mr. Heiss indicated that they did attend some of the meetings and noted the short term revenue cost problems. He explained that over the longer range it probably does make some sense. City Manager Molendyk noted that Wildomar has attended a few meetings as well. He questioned the difference between a District and a 7PA and stated that a District would take some of the politics out of the issue. Mr. Heiss indicated that the big issue is the relationship of the governing bodies to the outside areas and their responsibility to keep other areas informed. He explained that this could be accomplished by making the County a party to this action. Mayor Pape questioned the impact of Sphere of Influence changes on the proposal. There was general discussion regarding pending litigation. City Manager Molendyk noted the need for communication between City Councilmembers in the Valley and noted the number of issues to be worked out. He noted the need for a County representative from Wildomar in the discussions. Mr. Heiss stated that he was not in favor of either proposal. City Manager Molendyk stressed the difference between the 7PA and a District. Mr. Heiss stated that he was not certain that all three City Councils were willing to participate in the system. PAGE THREE - CITY COUNCIL STUDY SESSION - MARCH 6, 1997 City Manager Molendyk noted the RFP sent out by the County and questioned if it was a good proposal. Mayor Pro Tern Kelley noted that Ron Stump, Manager of the Temecula Library, sits on the review board and they will be reviewing the RFP's tomorrow. She noted the process undertaken which varies from the standard bidding process. She noted that the County approached the proposal in reverse order and the money in shared cost would be between $1.2 and $1.9 million. Mr. Heiss noted that it included shared services. Mr. Stump noted that 10% of the funds for the County Library Project will go for overhead services such as legal and employee costs. Mr. Heiss noted that he has heard interesting rumors with regard to a library going out to bid and it is seen as a method for making big profits by some major companies. Mayor Pro Tern Kelley questioned who has bid on the system. Mr. Stump stated that San Bernardino Library System, Library System and Services and the Riverside County Office of Education, have provided bids. Mayor Pro Tern Kelley questioned if it would be better to do a JPA or a District and noted that the Council contract would start in July. Mr. Stump indicated that it would be a multi- year contract, renewable annually. Mr. Heiss indicated that it would not be good to proceed until it is seen what complications this will cause in the short term by the contractors operating in the existing facilities. He noted that the proposal does not require capital purchases. Mr. Stump stated that building maintenance will be handled by the County. Barbara Anderson, 304 N. Lewis, retired from San Bernardino County Library, noted the bidders on the project and stated that it is better not to pass on gossip. She stated that calculations on a 10,000 square foot library for $500,000 is too high, but the idea of a regional system is quite good. She further stated that she did not understand why some of the necessary services should not be contracted out. Mr. Heiss invited her to read the material he had provided. Mrs. Anderson noted comments by Mr. Heiss, and stressed that people live here and take pride in the community and expressed concern with his sarcasm. Mr. Heiss responded with regard to the Assessor's Office and clarified his comments, and noted the cost for the information provided. Todd Olson, TMC Communities, Fountain Valley, noted representation of communities to the system and questioned why Corona and Perris are not considered in the study. Mayor Pape stated that the City of Corona has its own library and the City of Perris was excluded for geographic reasons. He noted that it would not be financially beneficial. i:. Olson questioned the idea of joining forces and indicated that it sounded good, b :. the down sidr. of this situation is that the City of Lake Elsinore is the geographical and financial: *ail on the system. Mr. Heiss concurred that this danger could exist. He stressed the ultimate need for another facility. He commented that joint action makes sense as it giv -.s some leverage and prevents duplication of efforts. He further noted that in developing t s it cost proposals it was their intent to contract for as much as possible. He stated that Riverside City/County would still operate a joint system for some time. He explained that the estimates were based on assumptions of buying pre - processed materials. Mr. Heiss explained that in their study they looked at what it would take to keep the doors open, and provide basic programs and reference service for adults. He noted that they looked at the current billing rate for space rental for the area needed to provide the necessary services and the $500,000 was what they discovered. He explained that at the Community Workshops it was the residents that indicated that they wanted more services. Bill Trotter, Friends of the Library, questioned the time frame that would indicate when things would start to happen. Mayor Pape noted that it is up to the County how they will proceed with the RFP's; and explained that the City we can have its own plan, but it is necessary to respond to outside agencies. Mr. Heiss stated that the key is transition to the County System on July 1 and noted that the other key to this situation is the legislation being considered. Mayor Pape noted the potential for emergency legislation. Mr. Trotter indicated that the library staff has already been terminated. Mayor Pro Tern Kelley questioned the personnel transition. Mr. Stump indicated that staff has been terminated PAGE FOUR - CITY COUNCIL STUDY SESSION - MARCH 6,1997 effective June 30th, and explained that the principal concern is to retain staff and prevent a talent drain. He further explained that they hope to have more jobs on June 30th. City Manager Molendyk noted that the RFP's are not always complete and questioned what would happen if none of the firms were qualified, and whether there would be a period of closure. Mr. Stump could not answer the question and stated that he would need to address this question to the County's legal counsel, but made note of the expertise of the bidders. Mr. Heiss questioned the selection time frame. Mr. Stump stated that the item would be before the Zone Advisory Board on May 14 -15 and the members of the review committee were only selected yesterday, and noted that they have not yet met. Mayor Pro Tem. Kelley noted her concern with moving so fast. Mr Heiss concurred with the need. Mayor Pape noted that it would take about three weeks to finalize paperwork and shift to the new operations. Marvin Trotter, Friends of the Library, indicated that the transition would require a shut down. Mayor Pro Tern Kelley clarified that there would be about a month for them to be up, and running. Mr. Stump explained that the new service providers would start on July 1 st Mayor Pro Tern Kelley stressed that it was not much time to make large changes. Mayor Pape noted that the City will stay on top of things and watch the State and County actions. He stated that he likes the idea of a Valley -wide system and indicated that he will wait and see if that opportunity presents itself. "11,011i The City Council Study Session was adjourned at 4:02 p.m. ATTyST: *,'ICK%KASA P9 CITY CLERk N MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA N TUESDAY, MAY 139 1997 The Regular Lake Elsinore City Council Meeting of May 13, 1997 was adjourned due to lack of a quorum to Thursday, May 15, 1997 at 7:00 p.m. VICKI KASAD, CITE' CLERK CITY OF LAKE ELSINORE MINUTES ADJOURNED REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, MAY 159 1997 (DUE TO LACK OF A QUORUM ON MAY 13,19979 THIS MEETING WAS ADJOURNED TO MAY 15, 1997 AND HELD AT THAT TIME.) CALL TO ORDER The Adjourned Regular City Council Meeting was called to order by Mayor Pape at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tern Kelley. INVOCATION a. The Invocation was provided by Pastor Bob Fields representing First Presbyterian Church. ROLL CALL PRESENT: BOARDMEMBERS: ALONGI, BRINLEY, KELLEY, PAPE ABSENT: BOARDMEMBERS: METZE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Assistant to the City Manager Best, City Engineer O'Donnell and Community Services Manager Edelbrock and City Clerk Kasad. PRESENTATION a. Presentation - Neighborhood Pride Awards. (17:56.1) Community Services Manager Edelbrock explained the Neighborhood Pride Awards Program, including the sponsorship, categories evaluated and the intent of the program. Mark Dennis, representing Elsinore Valley Municipal Water District, explained the District's participation in this program and noted the positive factors on which the program was founded, particularly Water Conservation. PAGE TWO - CITY COUNCIL MINUTES - MAY 159 1997 Community Services Manager Edelbrock detailed the prizes for the winners and announced the winners in the Hardscape, Mixed Use and Water Efficiency categories. She then presented the Grand Prize to Rosemary Riddle, a resident of Wayfarer Lane. Ms. Riddle expressed her surprise and appreciation for this recognition. Ms. Edelbrock thanked all of the participants for their efforts. Mr. Dennis recognized the judges who participated in the Program and presented Certificates of Appreciation to those present. He noted that the photographs of the winning homes are displayed this evening. b. Presentation - Report on Crew Team. (F:142.1) Representative was not present. C. Assembly Bill 926 (F:96. 1)(X:92. 1) City Manager Molendyk noted a news article this morning and the headlines given the article. He indicated that the article itself was reflective of the meeting and noted the success of the visit. He detailed the meetings and visits to Assembly Member Offices, and noted the materials and information provided to them. He further noted that they received compliments for taking the time to go to Sacramento and explain the need for funding for the Lake. He explained the process for this type of request and clarified that any request over $150,000 go on a suspense list. He noted that the Council and Staff will be called back later in the month to work further on the allocation. He advised that overall they met with a total of 21 Assembly offices in two days. He noted that Mayor Pape and Mr. Miller from Assemblyman Thompson's Office went to Budget Committee meeting while Redevelopment Agency Chairwoman Brinley and himself went to the individual offices of the Budget Appropriations Committee. He noted that the process is very time consuming, but a very interesting process. He commented that they were also able to participate in part of The Valley Group's annual visit to Sacramento and meet with Governor Wilson. He indicated that priorities for Riverside County and crime issues were discussed. He commented that progress was made and key people are now aware of progress on the Lake. He stressed the competitive nature of the process. d. Presentation - A A R P - Local Chapter Update. (F:108.1) Representative was not present. e. Presentation - Chamber of Commerce Monthly Report. (F:108.4) Representative was not present.. PAGE THREE - CITY COUNCIL MINUTES - MAY 159 1997 f. City Revenue & taffine. (F :30.1)(X:72.2) Assistant to the City Manager Best detailed the 1989 population of Lake Elsinore and explained the differences between services provided then and services provided today. She detailed the population and employee counts from 1989 to 1996. She further detailed the general fund cuts to employees and related services, such as the Banner Program, economic development funds, Code Enforcement reductions, police service reductions and most special events. PUBLIC COMMENTS ACFNDI ED ITEM Requests were received to address the following items and deferred to those discussions: Item Nos. 33 and 34. CONSENT CALENDAR ITEM The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 6, 8 and 9. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - April 22, 1997. (FA4.4) The following Minutes were received and ordered filed: b. Special Planning Commission Meeting - March 26, 1997. C. Planning Commission Meeting - April 2, 1997. d. Planning Commission Meeting - April 16, 1997. (F:60.3) e. Special Design Review Committee Meeting - March 26, 1997. f. Design Review Committee Meeting - April 2, 1997. g. Design Review Committee Meeting -April 16, 1997. h. Special Design Review Committee Meeting - April 16, 1997. (17:60.4) PAGE FOUR - CITY COUNCIL MINUTES - MAY 159 1997 2. Ratified Warrant List for April 30, 1997. (F:12.3) 3. Received and ordered filed the Investment Report for March, 1997. (F:12.5) 4. Rejected and referred to Claims Administrator for handling, the Claims Against the City submitted by Clay Masterman (CL #97 -5); Sabrina Alfred (CL #97 -7) and Amika S. Scoggins (CL #97 -8). (F:52.2) 7. Adopted Resolution Nos. 97 -21 through 97- 23 relating to the City Wide Lighting and Landscape Maintenance District - Fiscal Year 1997 -98. (F:22.2) RESOLUTION NO. 97-21 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. 97-22 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 1997 -98 IN THE DISTRICT WITHIN SAID CITY, RESOLUTION NO. 97-23 A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTIONS OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 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 HEARINGS None. BUSINESS ITEMS 31. CT Sports -Jet Ski Event. (F:62.1) City Manager Molendyk highlighted this event and detailed the dates, locations and participants; and advised that the group has met all PAGE FIVE - CITY COUNCIL MINUTES - MAY 159 1997 requirements for safety and paid all application fees. Councilman Alongi inquired whether they would be launching from the City beach or the boat launch. Community Services Manager Edelbrock indicated that the smaller vessels will be launched from the beach and larger from the launch. Councilman Alongi inquired whether this event would be shutting down the Lake. Ms. Edelbrock indicated that it would not, and would actually utilize less area than the water ski races. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE SPECIAL EVENT APPLICATION FROM CT SPORTS TO HOLD A JET SKI EVENT ON JUNE 14 AND 159 1997. 32. Final Approval of Tax Refunding; Bonds CFD 88 -3 and Approval of the Issuance of Local Revenue Bonds - Resolution No. 97 -24. (F:22.3)(X:126.5) City Manager Molendyk requested that this item be continued to the meeting of May 27, 1997. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO MAY 27, 1997. 33. Discussion of Televised City Council Meetings. (F:44.1) City Manager Molendyk advised that Continental Cablevision General Manager Smith had requested that this item be continued. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO MAY 279 1997. 34. 1997 -98 Budget Reductions and Facility Closures. (F:30.1) City Manager Molendyk gave an overview of the losses the City has experienced and noted the passage of Proposition 218 and the impacts on City's service levels. He explained the findings of the Revenue and Services Task Force Committee regarding Ballot Measure BB, and noted that the item before City Council is not being presented to threaten people nor give misinformation. He explained that because of the revenue sources drying up the parks would have to be closed, effective July 1, 1997. City Manager Molendyk noted the letter sent to the City from the Joint Powers Insurance Authority which indicates that the parks have to be closed and fenced because the City can not assume the liability for that type of public exposure. He explained that if the measure does not pass on June 3rd, staff would have to take action to protect the City from liability. He further explained the time delay for receipt of monies if this issue were to go on the November ballot. He gave an overview of the necessary actions and budget reductions that PAGE SIX - CITY COUNCIL MINUTES - MAY 15, 1997 must be made if Measure BB does not pass. He commented on the joint uses with the School District and noted that it addresses two parks out of nine, and since the School District does not have the funds to maintain the parks Superintendent Long has authorized the City, if Measure BB fails, to fence off those two parks. City Manager Molendyk explained the request to authorize public notice of park closures and noted that in order to get the information to the public, staff felt that it would be best to post signage for public information, regarding the closure of the parks at each site, should Measure BB fail. He stated that if the Measure does not pass, then the parks will start to be placed in mothballs and the process will be complete by July 1 st. He gave an overview of the cost of fencing and closure of parks which will be directed by the JPIA. He emphasized that the information received from Staff and the Task Force Committee is accurate. Mariana Mohylyn, 305 W. Sumner, questioned the right of the City to fence the public parks and stated that she was in opposition to this action. She felt that the land belonged to the public and should be utilized by the children. Chris Hyland, 15191 Wavecrest Drive, noted an article in the Californian Newspaper in which the City threatened to close the parks and the Community Center. She cited the cost of fencing and signs and compared it to the City Manager's wages. She noted that there is no money for the parks, yet the City can pay for signs and trips to Sacramento. She made note of the amount of money it takes to maintain the City Manager's office and noted that if the City Manager's office were eliminated, then there would be money for parks. She asked the public to vote no on Measure BB. Councilwoman Brinley asked the City Attorney about the verbiage on the signs that would be posted. City Attorney Harper explained that the City is precluded from spending money to support or oppose a ballot measure of any kind, including one that affects the City, however a City is not precluded from spending money to provide information which means the potential consequences of the passage or failure without the endorsement of vote yes or vote no. He further explained that the signs, regardless of the language, essentially state that as advance notice, in the event of funding losses or the failure of Measure BB, the parks will be closed. City Attorney Harper stated that it is under the assumption that the City Council has in fact made that decision. He noted that the key to this issue is that the City Council has not made that decision and once the Council has made it's decision on how to react in the event that the additional funds will not be available, the Council is legally free to provide the information that they deem appropriate. Mayor Pape stated that he does not understand why the signs would be an issue since he felt that most people would want to know what will occur so they can do some planning. He cited the closure of a freeway off -ramp and that the public takes steps accordingly and that this would be no different. He noted that if plans need to be made for family occasions, this could help people make future plans. He noted that this would eliminate surprise. He stated that this will make people aware of what may occur. PAGE SEVEN - CITY COUNCIL MINUTES - MAY 159 1997 City Attorney Harper noted that he has even had the question posed to him as to what the City will do about the Fourth of July and if the parks would be available or not. Councilwoman Brinley noted the Little League and the impact it has had on the entire district. She explained that they don't know where or if any parks will be open anywhere in the State. She stated that this is not the only City that has this issue on the ballot for June 3rd. She further noted that this is not something that the Council is trying to hide or address behind closed doors, as they have tried to let the public know about the facts. She cautioned the public to be careful since there has been a lot of misinformation released to the public and noted that this measure has nothing to do with swimming in the Lake or the Diamond Stadium. She further noted that the money can only be spent the way it appears on the ballot. Councilwoman Brinley stated that the money from Measure BB will be monitored by the Citizens Task Force and a statement of the expenditure of funds will be provided to all the citizens around October of each year to inform them of the expenditures of the money. She pointed out that there is nothing that being concealed from the public. She encouraged the citizens to take the time and call City Hall to get the correct information. She emphasized that not a dime of the money will be spent in any other way than what it was designated for. Mayor Pape clarified that the library fund can only be spent from the library fund for library services. He stated that the trip to Sacramento was money well spent in order to promote the efforts to restore money to the Lake. He noted that Assemblyman Bruce Thompson encouraged the City to present their concerns to the Appropriations Committee and let them know just how important the Lake is to the community. He stated that they received a very favorable response to the request and now the Committee will address the expenditure of the State funds. He addressed an article from the Californian Newspaper on May 1 st, which stated that the City was trying to intimidate the public through threats and scare tactics to pass Measure BB. He explained that in reality what Council is trying to do is educate the people and give both sides of the issue and they will have to make up their own minds. He stated that there are definite impacts from a yes or a no vote and people need to be made aware of what those consequences are. Mayor Pape noted the different items that appear on property tax bills and the amount that belongs to the City. He addressed the contracts at the Stadium and asked the City Attorney if the City would be able to defend its action if the Stadium were closed. City Attorney Harper stated that in his opinion it would cost a lot more in a combination of attorney's fees and damages awards to close the Stadium, than to continue to live out the contract. Mayor Pape asked if there was any chance that the City would be able to defend that. City Attorney Harper stated there was not. Mayor Pape addressed the ownership of the land and Stadium and noted that the City holds title insurance and has acquired a loan and this could not be done if the City did not own the Stadium and land. He addressed the City Manager's salary and stated that it is ludicrous to attack his salary when he is retiring. He noted that the most blatant lie, is that the money will go into the General Fund and pay for white PAGE EIGHT - CITY COUNCIL MINUTES - MAY 15, 1997 elephants and will not go in the parks nor the Senior Center or any other services. He explained that statement is not true and if the public will look at their ballot, it specifies where the money must be spent. He noted that this Council or any other Council must abide by that. Mayor Pape cited a flier that encourages people to "vote no on Measure BB" which is more of a personal attack on him and corrected the misinformation that appears on the flier. He noted that Business License Fees will be going to the November ballot. He addressed the subject of money addressed in the flier and how much is required to support the parks and Community Center. He explained that if there is a reduction in revenue, then there is a reduction in services. City Manager Molendyk explained Proposition 13 and the impact that it had on cities when it passed. He made note of Proposition 4 which was a State mandate to run the City like a business, which means user pays. He stated that parks and recreation is really a service that has been taken for granted and should be paid for by the user. He explained the current staffing level and what will occur if Measure BB does not pass. He stated that he is not taking a position, but rather providing information to the public. He pointed out that the information the people have been receiving from the public is tweaked and does not give the whole or true picture. He noted that the Citizens Committee has tried to educate the public that if the parks are not funded and they are closed on July 1st; then the City looses about a year and during that year the sprinklers will not function and the landscaping will die - off, and should that be the case it will cost at least an extra million dollars. Mayor Pro Tem Kelley stated that this issue is hard to deal with and that closing the parks, laying off eleven employees and downgrading services is catastrophic to the City and a tragedy for everyone that lives here. She commented that as strong a supporter of youth sports that she has been and still is, this has been an especially hard decision for her. She stated that the money is not in the budget and is not hidden in some account; and pointed out that they have been told by their critics that they don't have the money, although they have changed their minds, there is no money. She stated that this is not just a Proposition 218 measure, it is to replace services lost over the last several years and equates to the quality of services that the voter wants to see in their community. She stated that she has worked hard to see Measure BB pass because she does not want to see the parks fenced and property values drop for all the property owners in the community. She noted that whichever way the voters choose to vote, they need to be educated about the right facts and go to the polls with the correct information. Mayor Pro Tern Kelley stated that the messengers of the incorrect information need to bear some of the responsibility if Measure BB does not pass. She noted that she has had several repeat questions and will try to answer them at the table. She explained that the Graffiti Removal Program is part of the City's park maintenance fund and will be cut. She stated that the Senior Center was funded by a grant this year and there is no guarantee that the Federal grant dollars will be there next year so this program may be cut as well, however Measure BB does guarantee that the program will continue. She further stated that the money obtained from Measure BB does not address new PAGE NINE - CITY COUNCIL MINUTES - MAY 159 1997 programs, but insures existing programs or programs that have been recently cut. She explained the current Lighting and Landscaping District that continues and how that functions. She explained Mello -Rose and noted that it is not a tax, but rather a development mechanism to provide infrastructure and does not provide for the maintenance of the parks. She stated that one of the most misunderstood facts is that the money will go in the General Fund and that is totally incorrect. She further explained that the money can only be spent as it has been designated on the ballot and cannot be spent in any other way and explained the percentage spread. She stated that there is no easy way out, and the decisions must be made. Mayor Pro Tem Kelley stated that she supports the ballot measure and encouraged the voting public to educate themselves. She stated that she feels that Council must pursue this matter and post the parks to allow the people to know what could happen. She explained that she does not want anyone to come before her after June 3rd, if Measure BB does not pass and tell her that they didn't know what was going to happen. She further explained that the money for the Library Study came from left -over Proposition 85 dollars. She noted that the City petitioned the County for the dollars and was granted the money for the Study and did not come from the Ge�ieral Fund. She noted that the result of those studies is that Temecula, Murrieta and Lake Elsinore could not operate a library individually and the only way to do it would be to form a Library Service District and share the cost in a partnership. Mayor Pro Tem. Kelley explained that the Study was not to tell us that Lake Elsinore could not support a library, the City already knew that, but rather how best to approach the problem and answer the needs in a Valley wide effort. She futher explained that the Study suggested that the three cities wait and see what the County decides prior to making a decision. She noted that should the County not provide the services the cities desire, then the mechanism is in place to develop a Library District to meet our needs. She stated that she felt that the Study was well worth the money to inform all the City Councils of their options. Councilman Alongi stated that he is going to try to keep clear of supporting or not supporting Measure BB. He stated that the Council appointed the committee and there is no minute action nor public action taken by the Council, so therefore there must have been a Brown Act violation. He stated that it was not a cross section of the community, since there was not one member of the committee that came from the old Downtown section. He noted that most of the members came from Tuscany Hills and the business community. Councilman Alongi stated that principle has nothing to do with voting on an issue and the issue is whether the item is right or wrong and principle takes a back seat. He explained that it is a true statement that the funds cannot be used for anything other than what they are listed for, however there is no exact amount called out for each item, be it parks or the Lake. He addressed letters from Mr. Joel Fox, of the Jarvis Committee, and stated that they do not support Measure BB, however they do agree with the 2 /3rds vote. He noted that the letters pointed out the Jarvis Committee does not endorse Measure BB, but rather their job is to protect the voters and taxpayers and their rights. He stated that he is going to operate on Council the way the citizens of the City tell him to and placing the signs at the parks prior to a PAGE TEN CITY COUNCIL MINUTES - MAY 15, 1997 decision is not information, but rather a threat. Councilman Alongi stated that the Council has never sat down and reviewed the budget and made a review to see what could actually be cut to allow for the parks to remain open. He noted that if the parks were important to the community he questioned why all the other items were included on the ballot. He stated that he felt what should have been done was to get the parks approved and then return in November to address the other issues. He stated that he felt that Council did not spend enough time deciding what the public really wanted and he felt that it was a rush deal. Councilwoman Brinley stated that she did not feel that anyone felt the Jarvis Committee made an endorsement, but rather that the City met their criteria for the ballot and followed the spirit of Proposition 218. She further stated that Council did review the budget as well as using a consultant to advise the City on proper financial steps that must be taken. She noted that there were three options placed before the Council and a decision was made that if the Measure did not pass, the City would have to do layoffs and close the parks. She stated that the Council did not want to take any action until the citizens made a decision on the quality of service they desire. She restated that Council did study the issues and had professional people give options and Council reached their decision from that professional advise. She explained that Council must make the hard choices to assist in leading the City out of the red and into the black. She further explained that no one sitting on Council wants to commit political suicide by closing the parks, but the decision must be made. She commented on the attitudes of some of the public who expressed support for the Measure, if the library was eliminated and there was a 2 /3rds vote; but now they have changed their minds. She questioned their responsibility to the community and stated that the Council does know their responsibility and will live up to the hard decisions that may have to be made. Councilman Alongi stated that if Measure BB does not pass there will still be a two million dollar reserve; and if the Council wishes to give the right information out, they should give it all out and not just pick out parts to give to the community. He noted that with the suggested cuts there will be money in the budget reserve and stated that the City should not have money in their pockets when there are bills to be paid and the parks need to be kept open until November. He questioned Councilwoman Brinley's statements as the Chairwoman of the Redevelopment Agency and indicated that she should have a better grasp of what the City does and does not have. He suggested that the public check the budget for themselves and make their decisions based on what they believe. City Manager Molendyk explained that the City receives funds only four times a year and the reserves operate in three functions. One, to give a cash flow to meet payroll and debt during the year at times when there is no cash flow from the State or County; Two, provisions for a major disaster and the City's responsibility in that role; and Three, for good financial planing. He stated that the reserves main function is to be set aside for emergencies and PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 159 1997 not operations. Mayor Pape asked Administrative Services Director Boone how it would affect the ability to continue with the restructuring of debt and get the finances squared away if the City spent half of its reserves. Administrative Services Director Boone stated the City made a commitment to the financial team that the City would balance the budget in all funds prior to restructuring the Sumitomo Bond debt and that has been done; and because of the commitment that the City has made, it is important to stick to that plan. Mayor Pape asked if we stick to that plan at the end of the budget year what amount would the City have in reserve. Administrative Services Director Boone stated that there would be approximately $1,500,000. Mayor Pape thanked Mr. Boone for this information. Councilman Alongi objected to not being allowed to question Mr. Boone further. He asked Mr. Boone if the reserves that the Bond Counselors requested was $2,000,000. Administrative Services Director Boone stated that the staff estimated that there would be $2,000,000 at the end of the budget year which was predicated on no bond payments on the Sumitomo debt; however the City did spend approximately $500,000 prior to getting the debt refinanced. Councilman Alongi asked that if the City were to take $300,000 from the $1,500,000, whether it would jeopardize the City's position. Administrative Services Director Boone stated that given the situation, it would. He noted that the City's Redevelopment Agency is still upside down by $800,000 and there is still one year left on the team lease at the Stadium; and it will need to be funded at the current level of $1,400,000. Councilman Alongi stated that it is sad that staff cannot answer questions fully without fear of loosing their jobs. He cautioned the public to be very careful when voting on this issue, since he does not feel that they are really being told what is going on. Councilwoman Brinley asked Mr. Boone if he was in fear of loosing his job. Administrative Services Director Boone stated that he did not. MOVED BY BRINLEY, SECONDED BY KELLEY AND APPROVED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE STAFF RECOMMENDATIONS AS FOLLOW: 1. Approved Budget and personnel reductions for 1997 -98. 2. Directed closure of parks to eliminate City Liability in compliance with JPIA requirements. Funds for closure to come from balance of LLMD funds or General Fund reserves. 3. Authorized Public Notice of Park Closures. 4. Authorized contract for $105,869.50 to Landmark Fence to install chain link fence in all City parks and purchase of signs in the amount of $7,262.00 and include a combined ($113,131.50) 20% PAGE TWELVE - CITY COUNCIL MINUTES - MAY 159 1997 contingency in the amount of $22,650.00 for closure of all City parks. ITEMS PULLED FROM CONSENT CALENDAR • 11Z u! t • �� •• i�, 1 Councilman Alongi requested clarification or a map depicting what is to be closed off-, and questioned whether this action would interfere with the alley. City Engineer O'Donnell noted the map in the agenda packet and clarified the areas to be vacated. He further noted that these issues were identified as part of the upcoming remodeling, and noted that most of the areas already have buildings on them MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97-19 INITIATING THE VACATION PROCEEDINGS AND SETTING THE PUBLIC HEARING FOR JUNE 109 1997. 6 Lakeshore Drive . to 611 • • t the entrance to Lak=oint Park - Resolution No. 97-20. (F: 156.2) Councilman Alongi left the dias to address the Council, noting that he owns property in this location. He noted that the people at the Senior Center, the Village and High Street have waited a long time for this improvement. He thanked staff for putting this project together. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 3 TO 0 WITH ALONGI ABSTAINING AND METZE ABSENT TO ADOPT RESOLUTION NO. 97 -20 APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 012 TO THE LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 08 -5074; AND DIRECTED EXECUTION OF THE AGREEMENT. 8. Use of Properly for Tempos Parking - Bellehuemer. (F :92.5)(X:68.1) Councilman Alongi noted that is part of the property used for the old boat launch; and indicated that it will be good to have this arrangement for the new boat launch. He fiuther noted that the weed abatement will be a cheap trade off. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE STAFF TO ENTER INTO A SHORT TERM AGREEMENT WITH MR. BELLEHUEMER FOR THE USE OF THE PROPERTY AS IDENTIFIED AT A COST NOT TO EXCEED THE EXPENSES FOR WEED ABATEMENT AND TRASH CLEAN UP. PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 159 1997 5'. Patrol Boat Grant ANlication Approval for Doartment of Boating :' Councilman Alongi requested clarification that the registered owner would not be the City. City Attorney Harper explained that the City will be the registered owner, but the legal ownership remains with the Department of Boating and Waterways. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONTRACT WITH THE STATE DEPARTMENT OF BOATING AND WATERWAYS TO FUND $40,000 FOR THE PURCHASE OF A NEW PATROL BOAT AND TRAILER; AUTHORIZE EXECUTION OF THE AGREEMENT; AND DIRECT STAFF TO DEVELOP AND SUBMIT VESSEL SPECIFICATIONS AND BID DOCUMENTS. THE CITY COUNCIL MEETING WAS RECESSED AT 8:51 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:53 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, indicated that based on the first amendment she has the right to her own opinion and to defend her character. She noted comments by members of the Revenue and Services Task Force and questioned where they got the power to fence parks and suggested that the facts get straight before making accusations. She stressed that the Committee has no right to say the parks will be closed. She noted the support for Measure BB received from the Chamber of Commerce and AARP and indicated that the representatives are not residents of the City of Lake Elsinore. Mary Venerable, member of task force and concerned citizen of the community. addressed untruths about Measure BB. She noted that in her comments at the Town Hall Meeting she did not identify the person who left the room. She further noted comments taht the Task Force was a select group of hand picked residents and indicated that she was asked to serve on the Task Force even though she is not a resident, as she is concerned for the City as a business and property owner. She noted that Mrs. Hyland again left the meeting. She indicated that the Task Force was a cross section of the Community and not a special interest group. She stressed that the Task Force did not serve as "pawns" or keep the information behind "closed doors ". She noted that press conferences were held and the information was disseminated to the public. She encouraged a yes vote on Measure BB. Chris McColley, chairperson of the Yes on BB committee, provided an update on upcoming activities and presentations of Visions and Views on Channel 3. She indicated that there has been much positive response and more literature will be coming through the mail. She stressed the importance of reviewing the facts and voting; and noted that more information is available by calling 674 -0788 or 674- PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 15, 1997 3124 ext. 209. She emphasized that this situation is not unique to Lake Elsinore and noted similar measures in Temecula, Murrieta and other communities. She thanked the citizens and volunteers for their support efforts, and noted that no City dollars were used for this campaign. She stressed the requirement for 2 /3rds voter approval on June 3rd and encouraged a Yes vote on Measure BB. Jack McColley, 29072 Palm View, noted the June 3rd election for a decision on Measure BB. He stressed the need to obtain real facts and figures and determine whether this is a viable plan for the voters. He noted that the proponents have been accused of scare tactics, but the information being provided is a matter of fact. He stressed that staff and services have already been cut to the bone; and indicated that cities have no legal requirement to provide parks. He noted a new mailer from the CANT group which discusses government extortion and reiterated that the park closures are not a scare tactic or threat. He further noted that the CANT group has not even proposed a bandaid solution. He stressed that the real threat is a loss of services to the Community. He encouraged citizens to educate themselves; and stressed that the money can only be used as allocated in the measure. He further stressed the need for a 2 /3rds vote to pass Measure BB. John Del Regno noted that put on the football game on January 11th at the Diamond and requested assistance from the Council. He indicated that he needs quick action to hold football games at the Stadium again. He further indicated that he would like to hold the first game on September 20th and noted his need for assistance to move the process quickly to allow for promotion of the games. He explained that he is working with a minor league professional football team. He stressed the time constraints to allow for proper preparation and advertisement and requested that the Council direct staff to move quickly on this matter. Mariana Mohylyn, 305 W. Sumner, commented on American government and control of peoples' lives and decision making. She addressed taxes, fines, assessments, etc.; and noted the right of the voting public to vote. She questioned whether the Council did the right thing with Proposition 218 and indicated that they should have waited until November to take action. She opposed Measure BB. CITY MANAGER COMMENTS No Comments. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: Agreed that it was necessary for the Mayor to go to Sacramento to try and get money for the Lake. He explained that it is necessary to try and get any money we can to improve the Lake. He noted that the problem that he did have with the trip to Sacramento was the fact that the issue was a City problem and the money was taken from the City of Lake Elsinore and not the RDA and the RDA had no approval to attend that meeting up in Sacramento. He stated that he felt that was a misuse PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 159 1997 of the tax payers funds and it should have been the Mayor and City Manager since they were requested to be there, however if a third person was to attend, it should have been our biologist that we retain since he could have addressed the technical issues regarding the Lake and what it will take to clean it. He further noted that Mrs. Brinley has no experience in regard to that issue and the Council and RDA did not approve the trip for her to attend. He asked if this means that any member of Council can walk into the City Managers office and ask him to purchase a ticket and pay expenses to go before the legislation in Sacramento. He noted that is what took place. He stated that he felt that Mrs. Brinley should reimburse the City of Lake Elsinore for the fiords that she spent there. 2. Gave a reminder to the public about the Teddy Bear Program at the Sheriffs Department and encouraged them to support this program either through contributions or teddy bears. 3. Mentioned the Grand Prix and encouraged the public to attend. He noted the fim that Council had last year and hoped that they would be participating again this, year. Mayor Pro Tem Kelley commented on the following: 1'. Thanked all the citizens that have hosted coffees in thier homes and the Council that attended that relayed information. 2. Observed that the citizens that attended the Town Hall Meetings and coffees asked really good questions and showed awareness of the issues and were eager for information. She noted that the one thing that she learned is that overall the citizens were very upset and tired of the negative gossip that has been spread about our City. She stated that the general feeling is one of wanting to see our City become a better place and a feeling of City improvement and not loss; a City that will grow and develop into a wonderful place for youth and seniors and families. She noted that Proposition will force us to have better leaders. She further noted that the people she met were very enthusiastic and they moved to Lake Elsinore because they love it and they want to see the City go forward. She explained that they don't want to see the fences around the parks and the City going backwards. They are very distressed about the continuing negative attitude from people when they watch Council Meetings or when they get mailers. She noted that the people want positive leaders and neighbors who are willing to work for solutions and answers. She encouraged people to use common sense. Councilwoman Brinley commented on the following: 1. Also thanked the people who hosted coffees in their homes and all the people who attended the Town Hall Meetings and their willingness to PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 159 1997 share information and opinions. She stated that this is a way to keep the channels of communication open. 2. Encouraged people to watch Vision and Views. She stated that it is on every Monday night at 7:30 p.m. 3. She stated that it was an experience and privilege to serve the City in Sacramento as the RDA Chairwoman. She explained that she felt that it is extremely important that she and the Mayor attend all the meetings. She noted that the Mayor addressed the quality of life in the City and she addressed the tone of the developers in the City. She noted that the Lake affects both entities in regard to the financial health and quality of life in the City. She further explained that it was with that objective that they approached legislature to plead for money to address our problems. She noted that they had a book to present that gave a complete overview of the different problems that our City faces with the Lake and this was present to each person that they approached. She explained how they approached each office and provided information in regard to the fish kills and the problems that this situation generates. She stated that each office was receptive to our problems, however it still comes down to money and the City is now in the suspense level and it is important that we continue this effort. She gave an overview of her experiences. 4. Expressed her excitement regarding the Mini Grand Prix and encouraged the public to attend. She thanked the Chamber of Commerce for organizing this event. Mayor Pape commented on the following: Encouraged the promoter of the Semi Pro Football team to meet with Community Services Director Sapp and discuss his plans. 2. Thanked the Chamber of Commerce for taking a position and support of Measure BB. He thanked AARP for their support as well. 3. Thanked the citizens of the Task Force for their efforts. 4. Addressed the Pro's and Con's of Measure BB. He presented a flip chart and listed facts regarding Measure BB. 5. Addressed and defined swimming in Lake Elsinore. He stated that there is no life guards around the Lake and for safety and liability purposes, people are not allowed to go out in water that is over their hear. It does not prevent people from being in the water at all. He noted an experience he had with a child who he saved from drowning and how quickly and easily it can happen. He expressed disappointment in the County Supervisor for making fun of the City's situation and not supporting the City's position due to liability. PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 159 1997 6. Addressed the comments in the paper made by the City Treasurer, Dick Knapp, in regard to the ownership of the property that the Stadium is on. He stated that the City has received a $10,000,000 loan on the facility as well as title insurance on the facility. He stated that the County Assessors Office does not show us as having ownership because there is a paper glitch and it is being addressed. He noted that the City Attorney finds that the City does own the property and the problem with the paper work does not affect the ownership of the Stadium or the property. CLOSED SESSION a. Pending Litigation - Ervin S. Palmer - Case #267394. b. Potential Litigation. C. Personnel Matters. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:35 P.M. TO DISCUSS THE ABOVE LISTED ITEMS. MAYOR PAPE NOTED THAT AN ANNOUNCEMENT WOULD FOLLOW THIS CLOSED SESSION. THE CITY COUNCIL MEETING RECONVENED AT 10:42 P.M. WITH THE FOLLOWING ANNOUNCEMENT: The Lake Elsinore City Council met in Closed Personnel Session to look at options with the retirement of Ron Molendyk on July 1, 1997. Consideration was given to City Council goals, budget, Measure BB, staff priorities and organizational downsizing. Mr. Richard Watenpaugh has been appointed City Manager/Executive Director of the Redevelopment Agency, with no salary adjustment at this time. The Assistant City Manager position will stay unfilled during the 1997 -98 budget. With Economic Development being a priority as part of the City/RDA Financial Plan, Mr. Molendyk has agreed to assist the Redevelopment Agency and staff on specific projects to make sure there is a smooth and easy transition for the Community, the Development Community, the City Council and Staff. The appointment of Mr. Watenpaugh will be effective July 1, 1997. Dick received his B.S. from Oregon State university in 1971. He has been the Recreation and Parks Director in Beaverton, Oregon, and Vancouver, Washington; Recreation Supervisor for Coachella Valley Recreation & Park District; Director of Recreation in Oceanside and was Lake Elsinore's first Community Services Director, implementing the Master Plan of Parks, Recreation programs and facilities 1988 to 1993. He was promoted to Manager of Special Projects dealing with the transition of the Lake from the State to the City and related issues. In June, 1995, he was promoted to Assistant City Manager. (F:46.1) PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY 159 1997 ADJOURNMENT MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE ADJOURNED REGULAR CITY COUNCIL MEETING AT 10:45 P.M. G� VIN W. P E, MAYOR CITY OF LAKE ELSINORE A '"ST: &iLli VICY -1 iCA.SAD, CITY CLERK CITY Of+ L.21 KE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 275 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:05 p.m. The Pledge of Allegiance was led by City Manager Molendyk. PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY,PAPE METZE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, Assistant to the City Manager Best, Building & Safety Manager Russell, City Engineer O'Donnell and City Clerk Kasad. PRESENTATION Representative Not Present. B. Presentation - Volunteers - Hammerhead Area Clean-up. (F:127.2) Police Chief Walsh explained this program and the work of the volunteers. He noted that a total of nine dumpsters were filled and taken away. Mayor Pape presented Certificates of Appreciation to the Explorer Scout Volunteers. C. Presentation - Sphere of Influence Adjustment (F:154.1) Community Development Director Leslie delineated the current City limits and sphere of influence. He detailed the recent change in the Sphere of Influence; and explained the overall intent of a sphere of influence and the factors which are considered. He noted that the sphere of influence is a useful planning tool and stressed that annexations are not automatic. He further noted that there have been no recent applications for annexations. He explained the Local Agency Formation Commission and the geographical PAGE TWO - CITY COUNCIL MINUTES - MAY 279 1997 divisions. He further explained that the Riverside County LAFCO has recently adopted the designation of "Community of Interest ", which are now in place on certain unincorporated areas in the County. He advised that this designation allows two years with extensions to study themselves and evaluate options; which can be followed by an "Unincorporated Community" designation for at least a five year period. He further advised that there are now five communities of interest surrounding the City. He explained that recently Menifee Valley and Wildomar have been granted "Unincorporated Community" status. He further explained that both areas partially overlap the City Sphere of Influence; and have removed 1.4 square miles and 16.4 square miles respectively; impacting approximately 27% of the Sphere. d. Measure BB advertisement. (F:72.2) Diane Samones, representing The Californian, apologized to the City Council, supporters of Measure BB and the citizens of Lake Elsinore, noting the advertisement which stated that it was paid for by the City of Lake Elsinore, rather than the Yes on BB committee. She advised that the City nor the committee were involved in causing the error or confusion, as it was clearly her error and a misunderstanding. She detailed the events leading to the mispublication, and noted that it is fully documented that a portion of the advertisement was omitted. She again apologized for the confusion and stressed that the paper has no position on the measure and this was no reflection on the opinion of the paper. She indicated that the advertisement would appear correctly tomorrow and include a retraction article stating what occurred and stating that the Californian was responsible. She further indicated that there would also be an editorial providing the details and clarify the misunderstanding. Mayor Pape reiterated the details of the situation as presented; and indicated that it was refreshing to see the situation corrected and resolved. He noted a letter from the Jarvis Group and advised that they had been in contact with City Attorney Harper, who responded and they seem satisfied that it was an error on the paper's part. Assistant to the City Manager Best provided a brief recap of the upcoming election on Measure BB, and an overview of the town hall meetings. She responded to questions which have arisen as part of the Town Hall Meetings. She stressed that Proposition 218 changed the ability to collect funds for park maintenance, and detailed the anticipated budget for next year if the measure does not pass. She detailed the cost of Measure BB and the overall increase per household and other types of development. She further detailed the programs to be addressed by the funds. She noted that if the measure does not pass, there has been a request that the City look at what might go on the ballot in November; and in the meantime the parks would be closed and other services would be eliminated or reduced. She also noted the cost to reestablish parks after a closure. She advised that the information line at City PAGE THREE - CITY COUNCIL MINUTES - MAY 27,:1997 Hall is still operating to provide factual information on Measure. BB and can be accessed by calling 674 -3124 ext. 209. Wi- 4u ► �� Requests were received to address the following items and deferred to those discussions: Item Nos. 4, 33 and 34. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3, 4 and 5. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - May 6, 1997 (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - May 7, 1997 (F:60.3) C. Design Review Committee Meeting - May 7, 1997 (F:60.4) 2. Ratified Warrant List - May 15, 1997. (F:12.3) 6. Adopted Resolution No. 97 -25 concurring with the proposed Expansion of Riverside County Transportation Commission (RCTC) and supporting the necessary legislation to accommodate the changes. (F:140.19) RESOLUTION NO. 97-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ENDORSING THE REORGANIZATION OF THE MEMBERSHIP OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION. 7. Approved letters of support for Continental Cablevision relating to broadcasting via satellites in lieu of cable; and authorized the Mayor to send the requested letters.. (F:170.5) PAGE FOUR CITY. COUNCIL MINUTES MAY 27, 1997 8. Approved Public Hearing date of June 10, 1997, for the following: I M M-125MAD, 1 • 1 A request to amend the Alberhill Ranch Specific Plan to: (1) provide additional phases of outlet center uses as an extension of the existing Lake Elsinore Outlet Center located along Collier Avenue across the I- 15 Freeway, (2) continue providing general commercial uses, and (3) continue providing open space. The 202 -acre project site is located north of I -15 and is bisected by Nichols Road. b. Tentative Parcel Man 28552 - MCE Consultants (Paradise Chevroletl. (F :110.2) , A request to subdivide approximately 10 gross acres into two parcels. Parcel 1 will be approximately 6 acres (auto dealership) and Parcel 2 will be approximately 4 acres (future commercial). This site is located at 31400 Casino Drive, between Diamond Drive and Franklin Street, Negative Declaration 96 -4 addresses any environmental impacts associated with this proposal. PUBLIC HEARINGS None. APPEALS . - 21. Appeal of Structure Abatement Action at 283 North Main Stree . (F:32.4) Mayor Pape noted a request for continuance of this item. Building & Safety Manager Russell noted that this property was entered into abatement due to substandard conditions on the property. He explained that the owner is seeking a report by a Structural Engineer on these buildings; and with that report pending he is unable to complete the evaluation at this time. He further explained that this item was an effort to keep the appeal process open to the owner. Mayor Pape noted the existing health and safety hazards, and inquired whether there were any problems with waiting to proceed. Mr. Russell indicated that the property has been in this condition for quite some time, and while he can not be certain of the extent of the problems at this time, there should be no problem waiting. Mayor Pape inquired how many similar problems exist around the community at present. Mr. Russell indicated that there are approximately 15 or 16 around the City pending funding; and a tremendous amount of problem structures not yet identified. - MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS PAGE FIVE - CITY COUNCIL MINUTES - MAY 279 1997< APPEAL TO JUNE 249 1997, TO ALLOW TIME TO REVIEW REPORTS, DOCUMENTS AND ANY OTHER PERTINENT INFORMATION ON THIS MATTER. e ,� eke •: City Manager Molendyk explained this item relates to a long standing agreement with regard to management of the library system. He noted the ongoing reevaluation of services at present; and the request for a Council representative to serve on the Zone Advisory Board. MOVED BY PAPE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT MAYOR PRO TEM KELLEY TO THE ZONE ADVISORY BOARD AND DIRECTED STAFF TO NOTIFY THE COUNTY OF HER SELECTION. 32. Televised City Council Meetings.(F:44.1) City Manager Molendyk explained that Council Meetings have been televised for a number of years and recently there has been the feeling that they are not being used for the original purpose of passing on information and education for the Community. Mayor Pro Tem Kelley noted that she requested the presence of Cheryl Smith, who is present at this meeting. She noted that this item was requested as a result of the recent profanity experienced during a City Council Meeting. She further noted that this is but one of the problems which have been mentioned recently; and suggested that there would be less grandstanding and the Council meetings would not be used as a campaign platform. She also noted that the Senior Citizens want it to remain on television because they can not always get out to attend the meetings. She indicated that she was not sure of the position her colleagues would take on this matter, but suggested opening a line of discussion on the issue. She suggested that with regard to the interference on the sound system it either needs to be left as it is or have a new system installed. She suggested discussion and requested input from the other Councilmembers. Mayor Pape indicated that he had questions of Cheryl Smith; and questioned if similar actions have occurred in other areas and requested information on viewership. Ms. Smith indicated that they have never been in the position of terminating television coverage of Council Meetings and commented that they have no hard data on viewership in Lake Elsinore, although she knows it to be very high in other communities. Councilman Alongi questioned the availability of equipment to prevent the PAGE SIX - CITY COUNCIL MINUTES - MAY 279 19917 interference. Ms. Smith indicated that she did not believe there was equipment to' correct the problems with the current sound system. Councilman Alongi inquired if they could provide a sound system to prevent the interference. Ms. Smith indicated that she was not sure it was technically possible, but offered to check on the options. Councilwoman Brinley noted that it is sad to have to be concerned for the language and comments which interfere with the broadcast, and concurred that it is worthy of discussion. She further noted that she has received comments indicating that the meetings should betaken off the air, making the issue a double edged sword. She noted efforts to control the professionalism of the meeting, in contrast with the requests from Senior Citizens that it remain on the air. She commented that the meetings are a way for residents to be kept informed, but suggested that the Council consider taking it off the air temporarily to allow for upgrade of the system or correction of the problem. She indicated that she can see both sides of the issue and suggested that televising of the meetings be discontinued in the short term until the sound system can be replaced. Edith Stafford addressed the Council with regard to the Assistant Manager and the Brown Act. She indicated that there is nothing regarding Measure BB listed on the agenda, and the public was not offered a chance to speak on the issue. Mayor Pape indicated that there is time during public comments. Ms. Stafford suggested that the Council only wants to take the meeting off the air and is finding every excuse and way to use the Measure BB funds for uses other than the intended uses. She suggested that there was a circumvention of the process established by Proposition 218. She indicated that the Council wants to take the meeting off the air so the public will not be informed, that they are giving the taxpayers money away. She noted that the law allows individuals to bring videos into public meetings to get the information out. She indicated that videos would be done for the protection of the residents. Chris Hyland noted the comments on grandstanding, and indicated that is what the Council does. She indicated that they want to hide what the Council is doing from the public. She noted calls received this date, two of which were from a committee to recall Councilmembers. She suggested that to stop airing the meetings would deny people the right to view the actions of Councilmembers; who make rules and regulations no one can live by and spend the money inappropriately. Cheryl Smith noted that she has had a discussion with the programming people and they believe the problem is strictly within the sound system. She indicated that they could install their own mikes, but that would not preclude the problem. She indicated that with regard to the obscenity, the City Attorney might want to investigate the matter as a violation of the Cable Act. Mayor Pape noted the allegation with regard to violation of the Brown Act. City Attorney Harper noted that the only requirement is that prior to the PAGE SEVEN - CITY COUNCIL MINUTES - MAY 27, 1997 , Council taking action on an item, the public must be given an opportunity to speak. He explained that with regard to matters which are presentations only, the limitation is not applicable. Mayor Pape stressed that the intent of the meeting is for City business, not a forum for political beliefs; but the Council is looking for citizens input on this issue. He noted that there is money in Measure BB for Capital Improvements which could be used to address a new sound system or an upgrade to correct the problems. Mayor Pro Tem Kelley suggested that she would like more public input; and suggested that interested citizens write to the City Clerk to advise with regard to what they would prefer. She indicated that she placed the item on the agenda for discussion and direction from the Council. She stressed that this matter was raised as a concern for the obscene language. MOVED BY PAPE, SECONDED BY BRINLEY TO TABLE THIS ITEM. Councilman Alongi noted two comments by members of the audience, from people that he does not always agree with, that he feels are important. He indicated that he does not consider public comments, grandstanding; and stressed the importance of hearing both sides and allowing the people at home to hear the discussion. He noted that it is amazing that the City can find money for signs; surveys, elections, and debts, but not for the services to the Community. He suggested taking money out of the reserves to correct the problems and stressed that the citizens pay the Council to do a job and have a right to know how the job is being done. He also noted the Freedom of Information Act. Mayor Pape noted that the potential for use of Measure BB funds was merely a suggestion to correct the problem. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. City Manager Molendyk gave an overview of the Directional Sign age Program and explained the use of the existing kiosks and their locations. He noted that local builders have experienced a decline in sales of housing stock in recent years, however in the last five months there has been renewed interest in the local housing market. He explained that the BIA (Building Industry Association) has requested an amendment and modification in the existing program to include larger kiosk structures in key locations and to change directional arrows to a red color. He further noted that the existing kiosks would not be changed and they have proposed to do freeway signs to promote residential growth in the City. He gave an overview of the functions 3 I 11 I PAGE EIGHT CITY COUNCIL MINUTES -MAY P�7 1997 ,. _I of the BIA and stated that it is staffs recommendation, at Council review the applicants request if approved direct staff to (work with the BIA On a program implementation. Jeff Ashton, Building Industry Association, Manager of the off -site sign program, stated that he was present to answer any questions that Council might have. Councilman Alongi asked if BIA to clarify if what they are proposing is to increase the number of the signs and make some of them bigger. Mr. Ashton stated that they put out signs as the builder needs them, but at the same time some are going out and some are coming down that are no longer needed and they are located in the same areas, therefore the number stays the same, however at times it may appear that there are more. He explained that BIA is proposing to use the larger signs at four locations which are key intersections. Councilman Alongi questioned if they were billboards. Mr. Ashton stated that they were ladder signs. City Manager Molendyk stated that the designs were the same but that the difference is the use of red arrows and currently they are blue. He noted that BIA proposes to rent space on the I -15 and the 91. Councilman Alongi said that he did not have a problem with the billboards, but questioned if the BIA wanted to enlarge some of the existing signs in various areas. Mr. Ashton stated that it is proposed to install bigger ladder signs in some of the areas. Mayor Pape stated that their packet states the size of the sign to be 60 inches by 96 inches. Mr. Ashton said that the larger signs would be used at the portal entries, and one of the proposed locations is Lake Street at the I -15, shown as #1 on the map. Councilman Alongi stated that the City has gone through this program once before a few years back and he favored it because it was going to eliminate paper signs, and asked if the builders going to police themselves. He noted that he had previously brought this issue up before to the City manager and explained that a bunch of real estate signs had been placed on and off the freeways and on comers and this was not suppose to happen with the program in place. Councilman Alongi asked if Council could be assured that this does not happen again if this program is approved once again, with the proposed changes. He further asked if paper signs are seen in these areas over the weekend will the BIA representative guarantee removal. Mr. Ashton stated that once he received a call, he would contact the builder to have them removed. Mayor Pape noted on the signs seen on Lake Street and that some of the signs seen on weekends are not from developments in the City, but the County areas and are not part of the program. He clarified that the larger and wider signs will appear at only major entrances to the City. Mr. Ashton stated that the signs will be at Lake Street at I -15; Diamond Drive and the I- 15; Corydon and Mission Trail; and Ortega Highway and Lake Street for more visibility. The Mayor stated that the sign location map shows Lake Street and 1 -15; Lake Grove and Riverside Drive; Grand Avenue and Diamond Drive; Mission Trail and Diamond Drive; Diamond Drive'and I -15; and Corydon and Mission Trail, and noted that there were more than four as PAGE NINE - CITY COUNCIL MINUTES - MAY 27,1997 originally stated: Councilman Alongi asked if all the sites mentioned will be enlarged. Mr. Ashton stated that the signs would go up at the builders request. He explained that it does not mean that they will be requested to be in use all the time, but rather only as they are needed. Councilman Alongi stated that the whole purpose of Council addressing this issue is to keep the site nice and neat and compatible with the area that it is place. He commented that he was aware that Council was going to asked to review for approval a few of the big signs, however what he is being presented with now is Sign age that will go through the whole area and implement the installation of larger signs if the builder wants it. Mr. Ashton stated that it would not be the whole area, but only those sites listed. Councilman Alongi stated that the sites listed are the whole area since there are many more sites than he was led to expect. He expressed his concern with the engineering aspects and questioned if this would cause an obstruction with traffic in those areas. Mr. Ashton stated that it would not be done if the signs were to create any obstruction and that they would not place any signs without approval of the City. Councilman Alongi stated that he has a problem with the builder saying that he wants four signs at ,a certain location and would then overshadow the other Sign age. He noted that he liked the first proposal, because the signs were small and compatible with the area and would lend to neatness, however a sign of this size in the proposed areas would not be compatible, due to the proposed locations. He stated that he did not see the necessity of having three big signs at a freeway location. Mayor Pape asked if one large sign and two smaller ones would be more acceptable. City Manager Molendyk stated that it does not necessarily mean that there would be three signs, but rather that these are the areas identified for consideration of Signage. He noted that it would be only four to six signs total, however there were various locations listed to best address area. Councilman Alongi stated that what Mr. Ashton said is that if the builders want the big signs, then they will put them in, therefore what Council is considering for approval now is to increase the signs to six foot wide by eight foot high in the areas which the Council had previously agreed upon for smaller signs because they were compatible with the areas. He noted that if Mr. Ashton agrees that it should only be four, then he has no problem. He stated that he felt that staff could handle instruction of placement and there is no exact limit as to where they will place the signs and he stated his concern regarding blocking the areas. Mr. Ashton stated that the builder may request that the BIA place signs, but then the BIA goes to the City for approval, therefore if the City Engineer said that there was a sight distance problem, then they would not put a sign on that sight. Councilman Alongi asked that if that was the case, why is it being presented to Council if staff can handle it. He stated that he liked the sign program because it is very neat and presentable. Assistant to the City Manager Best explained that in the Council's packets there are two maps that pertain to a consistent program that runs throughout the City which Councilman Alongi has referred to, that was approved by Council previously. She farther explained that BIA is before Council to PAGE TEN - CITY COUNCIL MINUTES - MAY 27119971 change the color of the arrow on the sign in the exhibit. She stated that beyond that item BIA has found that there is''a high volume of traffic and people are having a hard time finding their way in those key areas. She noted that what BIA is proposing is additional signs which are found on the Proposed Community Large Sign Location Map. She further noted that of the nine sign locations, the builder would have to apply to BIA and pay a higher fee to fund a larger sign at those locations, if Council approves, then one would be put at those locations only according to the way it is laid out on the map for Council review. Assistant to the City Manager Best explained that the rest of the sign locations on the earlier map (the existing locations) would not be affected and cannot be approved for a different site unless it is brought - back before Council for change. He further explained that the nine signs proposed are the only consideration for staff to look at for site visibility to be able to approve a larger sign. She noted that the BIA is required to approach the City with a sign, encroachment permit and to pay all necessary fees associated with getting each individual sign posted within the City. Mayor Pape and Mayor Pro Tem Kelley clarified the maps in the Agenda Item and the amount of signs allowed and the number found in each area. Councilwoman Brinley asked if they would be continuously maintained since they will be found in the main portals of the City. Mr. Ashton stated that they have a regular maintenance program and they take care of any graffiti within 48 hours. Councilwoman Brinley asked if they will be illuminated. Mr. Ashton stated that they would not. Councilwoman Brinley asked if there would be landscape maintained. Mr. Ashton stated that it is within a five foot radius. Councilman Alongi asked if Council approves this item, does that approve the -eight large signs in the City. He stated that his concern is making the signs twice as large as the current signs and placing them in the same area as the smaller ones that were approve previously, especially at Railroad Canyon Road and the Freeway where three large signs are proposed. He further stated that he did not understand why there are three big signs proposed for just that location. He restated that his question is if this is approved tonight, can BIA go out tomorrow at those eight locations and put the large signs up. City Manager Molendyk stated that they could not because it must come through the Public Works staff. Councilman Alongi asked if it comes back through Council. City Manager Molendyk stated that it does not. Community Development Director Leslie stated that the way he views this is that the locations on the maps are just desired locations, however the ability to place a sign at these locations will have to meet some feasibility requirements: 1. The right of way to put the sign in; 2. If on private property will the owner allow the sign to be erected; and 3. In the right of way they will have to acquire an encroachment permit and part of the encroachment permit is to review the site distances and obstructions and if they cannot meet PAGE ELEVEN CITY COUNCIL MINUTES - MAY 27, 1997 the City's requirements, then they will not be allowed to have a sign at that location despite what the map says. Councilman Alongi asked if the only signs that the staff will review are the signs in the public right -of -way. Community Development Director Leslie stated that it is signs in the public right -of -way and private property both. MOVED BY BRINLEY, SECONDED BY KELLEY AND BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE AN AMENDMENT AND MODIFICATION TO THE EXISTING PROGRAM TO INCLUDE LARGER KIOSK STRUCTURES IN KEY LOCATIONS, CHANGED DIRECTIONAL ARROWS TO RED COLOR , AND DIRECTED STAFF TO WORK WITH THE BIA ON PROGRAM IMPLEMENTATION. C• City Manager Molendyk gave a brief history of the Tax Refunding Bonds CFD 88 -3 and stated that he recommends approval of staff recommendations. Mayor Pape called upon the persons who requested to speak as follows: Chris Hyland, 15191 Wavecrest Drive, asked where the City is going to get the money to buy back the bonds. She stated that she has been coming to the Council Meetings for years and hearing the City Attorney tell the public that they are not responsible for paying back the bonds and just last year the City paid $500,000 to the bonds that we were not suppose to be responsible for and now the City wants to buy all the bonds back. She again asked where the City is getting the money. She noted that someone in City Hall told her that the money would come from the reserves and asked if there was money in the reserves why was the City faced with Measure BB. She stated that every citizen in the community wants to know where they are getting the money and why the City is buying the bonds back in the first place. City Manager Molendyk stated that it would help if she identified the staff member so that they could getup and answer the question. Ms. Hyland stated that she did not identify anyone unless she has a piece of paper from that person to make reference to. Edith Stafford stated that she also wants to know where the money is coming from. She finther stated that one thing she and Ms. Hyland do not do is reveal their sources, especially. City employees. She noted that they know that the minute that they reveal what City employee told them, in your own sneaky way you will get rid of them. She commented that the public cannot trust what is said or 'done by this majority Council. Ms. Stafford stated that the public should use common sense and realize that this majority Council only wants to give away the public's money and this is not a Socialist country. She commented that tax payers should only be responsible for necessities such as fire protection or better police protection. She stated that there is no item for 'fire on Measure BB and that the taxpayer is giving more to retain 11 !positions than is to be given to the youth. She noted "the'd6lored fliers for Measure BB. Mayor Pape stated that the flier has nothing to do with the Bonds and that the City did not generate the flier. Ms. Stafford stated that her comments were in regard to how the majority Council manages the public money. Dick Knapp, City Treasurer, stated for the record that he was totally against this item and noted that it is $30,000,000 to replace $26.900.000 which is already in process. He gave a breakdown on the cost that will be spent on Bond Counsel and asked why the City would do a buy down when they can't make the payments and getting good money to pay off the bad money. He stated that he follows the interest rates on the bonds and the interest is way over what the overall cost of the bonds in California are costing. He suggested that this item be revised and that the City take this back to the drawing boards and find out how much this is really conning the City. He stated that the City can do a better job than this and, get a better percentage rate. Mayor Pape called on Rod Gunn, Financial Advisor to the City, to address this item. Ron Gunn, Financial Advisor to the City, explained that the of Community Facilities District 88 -3 which is located in the west end of the City has made three bond issuance over the years with an aggregate principal amount of approximately $26,000,000. He noted that two of the three issues were acquired by the Lake Elsinore Public Financing Authority has four districts and purchased the bonds and spent them on the district. He explained that the bonds are secured by either assessments or special taxes within the districts and the bonds issued by the Public Finance Authority are currently in default. He noted that as of April 1, the Authority did not have sufficient funds to make an interest payment and the reason why is that each one of the four districts, currently have significant and substantial delinquencies for payment of the special tax. He explained that he has been asked how to solve the whole problem with the pool bonds which were issued by the Authority. He further explained that what is before Council is the fast of many steps that will have to be taken to correct that situation. Mr. Gunn explained that the first step has been to send a notice out to the owners of all the authority bonds and what it said is that if a sufficient number of offers we can then acquire bonds from the public and is not a cram down and is a voluntary program. He noted that the owners of the bonds have two decisions to make: 1. Do they want to sell their bonds to the City; and 2. At what price. He further noted that the price that the Authority is willing to pay is twice what the market would be. He gave an overview of the issuance of new bonds from that area. He stated that the current interest rate will be approximately 6.90 to 7.00. He noted that anything with a very low interest rate have a bond of very short maturity. He further noted that a AAA rated bond is 5.7 % plus insurance. PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 279 1997 Mayor Pape clarified the fact that the dollars to buy the back the bonds basically means that the City is reissuing new ones and paying off old ones and not increasing new debt, but actually the debt will go down. He noted that none of this is a debt of the City, therefore the City is not financially responsible for coming up with a check every six months to make an interest payment. City Attorney Harper stated that it will also be the source of the recovery of the loans that the City has previously made. Mr. Gunn explained that the reason that the old bonds went down is because they would anticipate buying the old bonds at a discount from what they were originally sold. Mayor Pape stated that using dollars in reserve is not going to happen, since the City is not affected in this. Mayor Pape asked if the bond rate will be lower than what it currently is. Mr. Gunn stated that it would by at least one percent. Mayor Pape asked if this would have any affect on the current homeowners. Mr. Gunn explained that in the immediate future the homeowners would pay the same taxes that they always have and in an intermediate term we would hope that their taxes would go down. Councilman Alongi asked if the City was doing $23 million, why is the City borrowing $30 million. Mr. Gunn stated that the City is issuing bonds in the amount of $23 million, additional bonds are secured by properties that are currently not paying. The City is able to issue $23 million and pay off the old bonds because of the savings he mentioned earlier. He explained that the differential between the special taxes being paid now and the taxes necessary to service the bonds to be sold to the public provides the tax rate that secures the Series B bonds and the size will be whatever that tax rate supports. He noted that its basically the tax being paid by the large property owners that are delinquent. Councilman Alongi asked if that is why the City is going for $30 million rather than the $23 or $26 million. Mr. Gunn agreed. Councilman Alongi asked if the homeowners that are affected be paying more. Mr. Gunn stated that they would be paying exactly the same as they are now. Councilman Alongi asked if the bonds will be paid off or just brought current. Mr. Gunn stated that $24 million will be paid off. Councilman Alongi asked how much more it will cost to do the financing in terms of the reserve. Mr. Gunn stated that it will not require a reserve. He explained that because of buying bonds at a discount we're servicing new debt for less of a tax than is currently being levied in the area. He further explained that the difference between what is necessary to service our new bonds and what is currently being paid will be use to issue the Series B bonds owned by the authority. He noted that the concept as we go through foreclosure procedure, those large property owners, and money is recovered, that money will go back into solving the problems of the entire pool of the other districts. Councilman Alongi asked what happens to the back taxes; does it get wiped out. Mr. Gunn stated that is the purpose of the Series B bonds is to be sure that the tax does not get wiped out. Councilman Alongi asked if we are sure that the property is worth what we are going through because of the debt. Mr. Gunn stated that an appraisal was done and several of the major pieces have an appraised value of 0. Councilman Alongi asked what happens to the existing homes in that area. Mr. Gunn stated that for PAGE FOURTEEN - CITY COUNCIL MINUTES r MAY 27,-1997 the homeowners, everything will remain the same, and as we bring those properties that are not paying, into a paying status the money goes first to solve the problems of the entire pool and after that is brought current the money will then go to lower taxes for the existing property owners. He noted that the money will never come to the City. Councilman Alongi stated that they hope that will happen. He asked why the City borrowed the money to -- pay the delinquencies the last time. Mr. Gunn stated that it is hopeful that out of this money that the loan is repaid, and at the time the delinquency was paid by the City was to show the financial market that the City was willing to step up and stand behind bonds issued by this community. He noted that at the time it was expected that the item that is before Council tonight would be completed by April 1; of this year and that loan would have prevented a default. He further noted that unfortunately due to unknown factors we are a couple of months past the desired deadline. He stated that he felt that if we had not paid the interest on this item, then the City would not have been able to refinance the Stadium and it did show the financial community that the City does stand behind its own debt and will.work out our financial difficulties that are facing this community. Councilman Alongi stated his concern regarding these bonds and the fact that the City itself has no control over the developer and if the developer fails through no fault of the Council or community and it still places the City back to square one if they fail. He stated that he cannot buy into this item because there is still a risk to the community since the Council does not even know the developer; or if they will make a go of it. He noted the problems regarding the sale of the property and the exact cost on the developer. He commended Mr. Gunn for his efforts and his expertise. Mr. Gunn stated that perhaps he did not make himself clear in the fact that the new bonds are secured by owner occupied houses and not dependent on developer payments and that is why it is being done this way. Mayor Pape clarified that the bonds are secured by the owner occupies homes and not by vacant land and if the land is never built on it will not matter to the bond issue. Mr. Gunn agreed. He stated that the advantage is that it give the City the ability to negotiate on those properties and place the vacant land into productive use. He further stated that the income from the taxes as those are brought current will create an overall solution. Councilwoman Brinley stated that she felt that this action is to make the bond pool stand on its own in order to secure the entire bond pool. Mr. Gunn Agreed. City Attorney Harper stated that the ultimate strategy is to eliminate the pool altogether. Mayor Pape asked Mr. Gunn to clarify what it will cost the City to do this. Mr. Gunn stated it will cost the City nothing. Mayor Pro Tern Kelley clarified Mr. Gunn's position with the City and commended him for all his efforts. PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 279,1997 Councilwoman Brinley thanked Mr. Gunn for his efforts. Councilman Alongi asked for a roll call vote. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE RESOLUTION NO. 97 -24; APPROVE THE OFFICIAL STATEMENT; APPROVE THE EXECUTION OF AN AGREEMENT FOR THE PURCHASE OF LOCAL OBLIGATIONS OF THE CITY OF LAKE ELSINORE; APPROVE FISCAL AGENT AGREEMENT; AND APPROVE THE SIXTH SUPPLEMENTAL INDENTURE OF TRUST. Councilman Alongi stated that he has never voted yes on a bond issue, but because of his belief in Mr. Gunn he is going to, however if this issue is raised in the next two years they will hear from him. THE FOREGOING MOTION WAS APPROVED UPON THE FOLLOWING ROLL CALL VOTE: AYES: ALONGI, BRINLEY, KELLEY, PAPE NOES: NONE ABSENT: METZE. ITEMS PULLED FROM THE CONSENT CALENDAR 3. Claims Against The City submitted by Randolph P. Busch (CL #97 -9 ) and Erin Hall (CL #97 -10). (F:52.2) Mayor Pape stated that he has pulled this item to make note of a claim for Tar and Asphalt that flew upon their car on Grand Avenue. He stated that he felt that they should be informed that it was the Water District that was doing those street repairs. He noted that the Council has been very unhappy with the quality of the repairs. He further stated that he hoped that the City has not signed off on Lakeshore Drive since he feels that driving on that road is like driving on speed bumps. He explained that the other claim shows how we spend City resources and staff time for a traffic accident that clearly states it occurred in the unincorporated area and involved a school bus. Mayor Pape stated that the claimant's attorney obviously does not understand that a school bus is not part of the City and includes the City as part of the claim. He pointed out that this type of claim is just a waste of resources and time, but he guessed that there are plenty of shysters out there who will take any case. MOVED BY PAPE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REJECT AND REFER TO CLAIMS ADMINISTRATOR FOR HANDLING, THE CLAIMS OF RANDOLPH P. BUSCH AND ERIN HALL AND DIRECT THE CITY CLERK TO SEND LETTERS INFORMING TIE CLAIMANTS OF THIS DECISION. 4. Award of Contract for McVicker Canyon Debris Basin and Line B -1 Channel (Stage 4), CFD 88 -3. (F :22.3) Mayor Pape stated that City Treasurer Knapp requested that this item be pulled. City Treasurer Knapp stated that this is more an informational issue than anything else. He noted that he was on the General Plan Advisory Committee from 1987 to 1990 and the area where there are two baseball fields had been designated as a catch basin. He explained that when he sees the combination of costs; both the cost of the ball fields and the land for this item upsets him. Mr. Knapp noted that the City is buying land that they are now in the process of improving. He noted the further costs that this area has generated. He stated that there must be a stop put to this waste, City Attorney Harper stated that these are improvements which were required to be constructed with funds derived from CFD 88 -3. He noted that they were funds that were bond proceeds and fall into conditions of improvements in that area since 1988. He pointed out that the funds were not City funds nor costs, but rather developer improvement conditions. City Engineer O'Donnell stated that the debris basin has to be placed to protect McVicker Park and Grand Avenue as well as to keep the sediment out of the Lake. Mayor Pape asked that if the ball parks were not there, then the City would still want to control the flow into the Lake and the channel. City Engineer O'Donnell confirmed. Councilman Alongi asked that if the City did not do the development of the ball field, would the City still have to do the improvement that is before Council. City Engineer O'Donnell stated that in his opinion the City would still have to do the basin. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT THE BID OF $19382,279 AND AWARD CONTRACT TO GREG J. HARRIS CONSTRUCTION; ACCEPT PROPOSALS FOR GEOTECHNICAL SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SAID SERVICES WITH ZEISER KLING CONSULTANTS INC., FOR THE MC VICKER CANYON DAM AND DEBRIS BASIN IN THE AMOUNT OF $68,409 AND FOR THE 24 -FEET WIDE HAUL ROAD IN THE AMOUNT OF $25,508. Mayor Pape stated that he asked to have this item pulled because it is similar PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY179 1997. to what Council has reviewed from the Appeals section. He noted that again we have another property in the City that has been allowed to deteriorate to the point it must be boarded up and there are transients breaking as well as activities for gangs and drug problems. He explained that in the past the City had a program to deal with these problems and if the owner did not bring the property to code the City would tear the building down and put alien on the property until it was sold and then the city would recoup it's funds. He noted that due to lack of funds the City has not been able to continue the program. He noted that the up coming election does include funds to allow active structure abatement. Mayor Pape stated that there are a number of properties that need to be addressed and people complain from those neighborhoods that the buildings need to be addressed to eliminate the hazard they cause to those neighborhoods. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT THE BID FROM VISIONS WEST IN THE AMOUNT OF $6,450 FOR THE ABATEMENT OF THE SUBSTANDARD STRUCTURES AT 106 SOUTH CHESTNUT STREET. THE CITY COUNCIL MEETING WAS RECESSED AT 8:51 P.M. THE CITY COUNCIL RECONVENED AT 8:54 P.M. , 111111 a MET a _ 0 Lei 2 FXFTQ MR- i FRW _ Chris Hyland, 15191 Wavecrest Drive, informed Mayor Pro Tem Kelley that she had the right to get on her soap box and grandstand. Commented on an add in the Californian and noted that it cost $922 and regardless of what anyone has said, the information printed in the paper shows that the City of Lake Elsinore paid for this advertisement and will be on everyone's mind. She encouraged every voter to vote no on Measure BB. She stated that what the public has been told in her opinion is a bunch of lies. Helena Holman, 15062 Danielle Way, stated that she has not be able to attend Council Meetings for the last three years and she depends on the Television to keep informed regarding her local government and their actions. She stated her concern over the Signage at the parks and the fact that if Measure BB does not pass that the City will actually close the parks. She explained that she feels intimidated by the sign and feels that it is saying either "you vote yes or the City will do it" and she can't believe that the City Council that she voted into office, will actually close the parks and she is counting on the Council to find a way to keep the parks open. She stated that the decision on Measure BB should be up to the voter and not forced by signs at the park to make the decision for us. She stated that she would like to see the signs ,come down. Dick Knapp, City Treasurer, commented on Mayor Pape's comments at the May 15, City Council Meeting regarding the ownership of the land that the Stadium sits on. He stated that as of today all the records in the County show that Mir. Lehr and the Diamond_ Family are the l9gaLowner. He noted that atthe ar1Gf ch 11, —197 -9, he asked to have this- situation-eorrected and it has been three months and there is still no change. He stated that to address the comment that he has given misinformation is a lie, and all he asks is that this be corrected. Mr. Knapp stated that the Mayor is the one that is misinforming the public. He stated that there is misinformation regarding Measure BB and the amount of reduction to the Lighting and Landscaping amount. He stated that he would much rather see a Stadium close than the parks. He stated that the City does have the money to carry us into next year to another vote. Chris McColley, 29072 Palm View, Chairwoman of Yes on BB Committee, announced that there will be one more program on Vision and Views, Monday at 7:30 p.m. She noted the wide spread support of Yes on Measure BB and have received a great deal of contributions toward this effort. She noted that the County residents are important and her committee welcomes their support. She addressed a change in polls and suggested the persons involved should contact the County of Registrars. She commented on the remarks about the citizens of Lake Elsinore that Lake Elsinore would not pass it's measure because of it's backwards thinking people and she felt that the remark was unjust and unfounded. Jack McColley, 29072 Palm View, noted the fact that in one week Measure BB will come to a vote of the people. He noted the misprint in the Californian for the add on Yes on Measure BB. He made note of the people who spend a lot of time trying to catch the City doing wrong and in regard to the add in the newspaper, it was a mistake, since -the add was paid for by the Yes on Measure BB Committee. He thanked the Californian and Diane Samones for their professional behavior and their proper response. He urged everyone to get out and vote on Measure BB. City Manager Molendyk addressed City Treasurer Knapp's comment that the City has money. He noted for the benefit of the Community that the City has lost $3,000,000 over the last three years and explained the shortfalls that have occurred. He stated that he is not aware of any money that would keep park maintenance and operations and noted that he would be open to receiving that information. He explained that because of a lack of trust in the Council the issue was taken to a 2 /3rd ballot to insure exactly where the money would be spent and in good faith the Council as well as members of the community, in good faith have made an effort to show where the money will be spent. He pointed out that if the City had the money they would not be laying off eleven people. Announced that the BIA representatives hosted a meeting and asked that the Council be reminded that there is a public hearing at the Water District, tomorrow at 9:00 a.m., to discuss water fees which will have a major impact on economic development within the City. PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 27, 1997 CITY COUNCIL COMMENTS Mayor Pro Tern Kelley commented on the following: 1. Thanked Helena Holman for her comments regarding the televising the Council Meetings. 2. Thanked the Chamber of Commerce for the Mini Grand Prix and noted that they had a great time. She noted that the car now has some duck tape on it, but they had fun. 3. Invited the public to attend a special event on June 13, 1997, which is the Grand Night Committee's Night After Grad Night party, at Temescal Canyon High School from 6:00 p.m. to 8:00 p.m. She noted that the Grad Night at Temescal Canyon is one of the best in California and they have earned quite a reputation. 4. Encouraged everyone in the City to vote. 5. If anyone has any questions regarding Measure BB, they should call City Hall to get factual information before deciding. . 6. Noted the criticism that Council has received regarding the signs at the parks and explained that it was done for public information and prevent anyone from not understanding what Measure BB was all about. She stated that the Council has taken every opportunity to educate the public and noted that a 2/3 majority is very hard to reach and people must vote. She noted that Proposition 218 did give the voters the right to decide on their fees and taxes, however it is major responsibility on the voter now to get out and vote to address the needs of their communities in a global aspect, rather than an individual need. Councilwoman Brinley commented on the following: 1. Thanked the Chamber of Commerce for the Mini Grand Prix and commented on Councilman Alongi's crash in the City's car. She commended the Chamber for all their efforts and hoped that the City and Chamber could keep working together as they have recently. 2. Thanked the Californian for their professional apology. 3. Noted that Mrs. Hyland places great pride in her own documentation and yet is unable to accept that the Californian has admitted to making a mistake and has been professional enough to admit it in public and asked what gives her documentation more creditability than someone else. PAGE TWENTY.- CITY COUNCIL MINUTES -MAY 27, 1997 4. Apologized to Ms. Holman for the intimidation regarding the closure; signs, however they were posed to educate the public in regard to what Measure BB is all about. She noted that Council does not want to close the parks, however it is up to the voters. 5. Encouraged the public to vote. She noted how important for everyone to express their opinion. She asked that every voter look at what is best for the community and not just for themselves. She noted the items listed on the ballot and the great need of the community to have these services. Councilman Alongi commented on the following: 1. Thanked the staff of the City, thanked City Attorney Harper for the car and commented on Mayor Pro Tern Kelley good driving and thanked the Chamber of Commerce for the Grand Prix. He noted that it is a great event for families and he hopes that they are able to keep it up. 2. Addressed the add in the Californian and how upset he was. He stated that the majority of the people who pick up a newspaper and read it, believe it and along with the signs being posted and all the activities regarding Measure BB, puts tremendous pressure on the voter. He pointed out that televising the Meetings is important since it gave the McColley's and the newspaper the opportunity to explain the mistake and without T.V. this would not be possible. 3. Noted that he will not answer Mrs. Sostre's letter because she is wrong, however he stated his surprise at Jan Moffit. He explained that he does not care what the CANT group does, he only cares what they say about him. He commented on Ms. Moffit's letter and stated that he felt that she had received misinformation. He stated that his interest is the parks and he felt that there are a lot of people in the community that do not support Measure BB and that worries him. He stated that they need to sit down prior to the November Election and come up with a plan and explained that Council needs to stop giving misinformation or half information to the community which really bothers him. He addressed revenue received by the City and explained that the reason that the City does not have the money is through mismanagement of funds. He stated his objection to the signs and noted that if the Council moves to close one park they should all be recalled. Councihnan Alongi stated that the City pays out hundreds of thousands of dollars each year for someone else problems, but do not invest in the community. He noted that the needs of the City such as the sound system should have been taken care of. 4. Addressed the issue of McVicker Park and pointed out that due to grading the project got much larger than it was originally intended and PAGE TWENTY -ONE - CITY COUNCIL MINUTES - MAY 279 1997 it was suppose to be a catch basin. He noted that when the changes were made in McVicker Park that is when the changes occurred to the rest of the development. He commented that the City is spending $5,000,000 on one park and the people in those homes are paying for it. He further noted that the City is not paying for it, but rather the developer is passing the costs on to the homeowner. He explained that the homeowner is paying a $5,000,000 debt and now the City puts a sign up that says that we are going to close it. He stated that fencing the parks would be cause for civil disobedience in his book and the fences would be ripped down. 5. Addressed Mr. Gunn and noted the tough job that he has in this community. He stated that Mr. Gunn needs the full support of the Council, and not one Councilmember saying no. He commented that it is necessary to recognize Mr. Gunn's hard work and dedication to what he is trying to accomplish for this community. He expressed his hope that it works for the City. 6. Announced that More Than Three Minutes is on next Thursday and will be talking more about the City's budget, parks and the rest of issues that go along with it. 7. Again, thanked, everyone who took part in the Grand Prix and stated what a great day it was. Mayor Pape commented on the following: 1. Commended the Chamber for doing a good job on the event and clean- up after the Grand Prix. He noted that clean-up is just as important as the event itself. 2. Addressed the ownership of the Stadium property and clarified that it does belong to the City. 3. Commented on the Town Hall Meetings that Council has attended and stated that one of the questions that Council hears the most is whether Proposition 218 is affecting other cities or is it just affecting the City of Lake Elsinore. He stated that it is affecting all cities that have special assessments:: He cited Temecula, Murrieta, and Claremont to name a few. He noted that the Counties have been drastically affected by Proposition 218 by a reduction in revenues. He stated that the County of Riverside has had $100,000,000 cuts over the last three years and they are still $30,000,000 from balancing their budget for 97/98 and that they are trying to look at different ways to raise revenue. He further stated that the County and City are experiencing the very same thing. Mayor Pape noted an article in the newspaper which addressed law enforcement and how they will be affected because of the latest cuts they will go from one officer per thousand to sevenAenths per thousand which has an affect on cities. He noted that reciprocal agreements will affect the City officers and County officers in back -up situations which will affect response time for all the residents. 4. Made note of an article in the Sacramento "B" with a headline reading "Give Back the Money ". It reported that the State has surplus money and the article stated that they had received extra money from counties and cities and it should be given back since they need it to operate. He explained that even the newspapers are starting to pick up on the situation and are asking that the money go back to where it came from. 5. He stated that it is important to keep the public informed to assist them in making decisions and the signs posted at the parks were not to intimidate, but rather to educate the public. He stated that their motive was to prevent people from coming to Council and saying that Council knew what the financial situation was in the City and did not inform anyone of the state of the City. He stated that the City finds themselves in the same position as the County and he is sure that the County does not want to reduce police services anymore than the City wants to close the parks. 6. Noted a Letter to the Editor from a lady who addressed taxes and cited the State and School District and taxes in general. He pointed out that the City has no control over what the other entities do. He explained that in her letter she mentioned Measure BB and stated that he hopes that she understands the issue of funding for services, such as graffiti and Senior Center. He explained that the Citizens Committee choose the items on the ballot to insure the quality of life in Lake Elsinore. He addressed another letter that was about the signs and explained that Council could not wait until after the election because staff needed time to follow direction and acquire authorization. He made note of the fact that Council did vote to close the parks, lay off staff and close the Community Center at the last meeting if Measure BB did not pass. He stated that those actions will be necessary to balance the budget if funding resources are not awarded by the voter. Mayor Pape stated that he feels that Council has an obligation to educate and inform the public about what is going on. He stated that the last thing that Council wants is to be accused of making back room decisions and springing it on the public at the last minute. He outlined Council's actions to educate the public in an effort to keep everyone informed. He stated that it would be a terrible thing to have to close parks and Council does not want to see this happen and noted the impact that park closures will have on property value. He further noted that the School District cannot maintain the parks and advised the City to close the park. He stated that it is not possible to post the parks with a sign that states "Use at your own risk ", because the City is still responsible and our PAGE TWENTY -THREE - CITY COUNCIL MINUTES MAY 279 1997 Joint Powers Insurance Authority would not cover us if we allowed this to happen. He noted a letter that stated that Measure BB did not include street repairs and Mayor Pape explained that the Citizens Committee included only items in Measure BB that they felt were an emergency. He explained that the Committee also suggested that the fire station on the west end go to a vote of the people and did not include it on this measure. 7. He encouraged people to ask questions and call City Hall to gain more information so that when you go to the polls you can make an informed decision He noted that the City is looking at a 30% reduction and explained that it will affect the quality of life as we have known it. CLOSED SESSION Potential Litigation - L.E.R.A., Inc. 2. Potential Litigation - Summerhill. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:32 P.M. FOR DISCUSSION OF THE ABOVE MENTIONED ITEMS. THE CITY COUNCIL MEETING RECONVENED AT 10:37 P.M. NO ACTION TAKEN. N" lu MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:38 P.M. Ce> KEVIN W. P E, MAYOR CITY OF LAKE ELSINORE �A :.:EST: VJCKi KA -A-,", CITY CLERK Cj_.`FS O;!.LA1,CE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 3, 1997 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Pape at 9:05 a.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, 1BRINLEY, KELLEY, PAPE ABSENT: COUNCILMEMBERS: METZE (COUNCILMAN METZE ARRIVED AT 9 :15 A.M.) Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone and City Clerk Kasad. CLOSED SESSION a. Summerhill Project. THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION TO DISCUSS THE ABOVE MENTIONED ITEM AT 9:06 A.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 10:25 A.M. NO ACTION TAKEN. Staff requested the addition of an item to this agenda. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADD THE APPOINTMENT OF A CITY REPRESENTATIVE TO THE WATER SUPPLY, WATER CONNECTION TASK FORCE TO THIS AGENDA, AS REQUESTED BY ELSINORE VALLEY MUNICIPAL WATER DISTRICT. b. EVMWD Request for Appointment to the Water Supply, Water Connection Task Force.(F:164.2) MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPOINT COUNCILWOMAN BRINLEY TO THE WATER SUPPLY, WATER CONNECTION TASK FORCE. a. PAGE TWO - CITY COUNCIL MINUTES - JUNE 39 1997 I�QII1 THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 10:30 A.M. k OG� W. APE, MAYOR F LAKE ELSINORE A!;TEST: 1 TCKI KASA1D, CITY CLERK CfIrY OF :LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 39 1997 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Pape at 1:03 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI9 BRINLEY, KELLEY,PAPE ABSENT: COUNCILMEMBERS: METZE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh and City Clerk Kasad. CLOSED SESSION a. Personnel Matter - City Attorney Interviews. (F:40.1) THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 1:04 P.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 5:10 P.M. NO ACTION TAKEN. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 5:11 P.M. N W. P ,MAYOR TY OF LAKE ELSINORE ATTEST: V VICKI SAD, C TY CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 109 1997 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Pape at 6:30 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY,PAPE ABSENT: COUNCILMEMBERS: METZE (ARRIVED AT 6:35 P.M.) Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh and City Clerk Kasad. a. Personnel Matter - City Attorney. (17:40.1) THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 6:31 P.M. THE SPECIAL CITY COUNCIL RECONVENED AT 6:45 P.M. NO ACTION TAKEN. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 6:46 P.M. GP� VIN W. PAPE, MAYOR ITY OF LAKE ELSINORE ATTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE I \ j MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA JUNE 109 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze. INVOCATION The Invocation was provided by Pastor Ken Bass, representing the First Baptist Church. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS Mayor Pape noted the appointment of the new City Attorney for the City and introduced Barbara Leibold, of McNamara, Van Blarcon, McClendon & Leibold. Ms. Leibold thanked the Council for the selection of her firm and noted that she is looking forward to meeting the needs of the City. She introduced Steve McNamara. Mr. McNamara thanked the Council for the opportunity to serve the City and thanked the Council on behalf of the other partners. Mayor Pape provided a press release. (F:40.1) a. Presentation to Senior Center - Temescal Canyon High School. (F:144.3) Mavis Schutz noted that this effort was a result of the Students in Government Day Program and Temescal's Canyon's participation in it. She PAGE TWO - CITY COUNCIL- MINUTES - JUNE 109 4997 T . explained that one student was very interested and concerned for the Senior Center and expressed and interest in providing financial support to the Center. She advised that as a result the students focused their fundraising efforts on the Seniors. Crystal Gude presented a check for $500 on behalf of the Associated Student Body to Senior Center Coordinator Tate and the Senior Citizens Center. Ms. Tate noted that Student Government Day is very special and expressed appreciation for the involvement of the students. She noted Ms. Gude's particular concern for the needs and cares of the senior citizens; and expressed deep appreciation in accepting on behalf of the Senior Center. Mayor Pape noted that this was a wonderful act of kindness. b. Presentation - Report on Crew Team. Not present. Mayor Pape requested the addition of a presentation by Mr. Jim Brandau, representing H.O.P.E. C. Jim Brandau, representing HOPE. (F:108.18) Mr. Brandau indicated that it was a pleasure to be present and noted his enthusiasm with what occurred today. He detailed the work of volunteers at H.O.P.E., and noted their efforts to locate a Van to assist with transportation of food. He indicated that they have now received a Van through the City Council and the efforts of Councilwoman Brinley. He explained that they went to Riverside today and through a lottery, received a Van. He stressed the assistance this will provide in transporting food for the program. He advised that 325 bags of food were distributed last month to Lake Elsinore, Canyon Lake and Wildomar residents. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. CONSENT CALENDAR ITEMS The following items were pulled from the Consent calendar for further discussion and consideration: Item Nos. 3, 8 and 9. Councilman Metze indicated that he would be abstaining from vote on items La. and Lb. due to his absence from those meetings. PAGE THREE - CITY COUNCIL MINUTES -JUNE 109 1997 MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - May 13, 1997. (FA4.4) b. Adjourned Regular City Council Meeting - May 15, 1997. 2. Ratified Warrant List for May 29, 1997. (F:12.3) 4. Rejected and referred to Claims Administrator the Claims Against the City submitted on behalf of Jose Sanchez (CL #97 -12); and Carla Parker - Carrillo (CL #97 -13). (17:52.2) 5. Adopted Resolution Nos. 97 -26 and 97 -27 regarding County Service Area (CSA) 152 Assessment for the N.P.D.E.S. Storm Water Pollution Prevention Program. (F:22.3) RESOLUTION NO. 97 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING THE RATES FOR COUNTY SERVICE AREA 152 - LAKE ELSINORE TO FUND CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM. RESOLUTION NO. 97-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, MAKING FINDINGS AND CONFIRMING THE RATES FOR COUNTY SERVICE AREA 152 TO FUND THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS. 6. Approved a Request from the Arizona Aqua Club for Jet Ski Events on June 28 and 29 & July 26 and 27, 1997. (17:64.1) 7. Approved Agreement with Riverside Transit Agency for Sale of Bus Passes at the Senior Center. (F:68.1)(X:144.3) PUBLIC HEARINGS 21. Tentative Parcel Map 28552, Lake Chevrolet at 31400 Casino Drive. (F:110.2) PAGE FOUR - CITY COUNCIL MINUTES - JUNE 10,' 1997 City Manager Molendyk detailed this project. Mayor Pape opened the Public Hearing at 7:11 p.m., asking those persons interested in this item to speak. The following person spoke: Richard Moore, 1100 South Coast Highway, MCE Consultants, offered to respond to questions on the project. Hearing no additional comments the Public Hearing was closed at 7:12 p.m. Councilman Alongi questioned the recommendations on this item with the waiver of the required raised median. Community Development Director Leslie explained that the waiver is due to the number of driveways; and the recommendation is based on a request from the applicant. He further explained that the Planning Commission recommended the waiver of the median, and it was previously discussed at a Council Meeting last November. Councilman Alongi noted that the City has agreed to pay for off -site improvements, and questioned if the agreement would remain after the property is split off and sold. Community Development Director Leslie confirmed. Councilman Alongi inquired if this would mean free improvements for whoever buys the site; based on the existing agreement with Paradise Chevrolet. City Manager Molendyk clarified the agreement with Paradise Chevrolet and indicated that they are conditioned to make all of the improvements, so the property would be sold with improvements in place. Councilman Alongi questioned if this would be improving someone else's property with taxpayers money, to sell it off. He stressed that there was no discussion of splitting this property in half when the agreement was discussed. City Manager Molendyk indicated that the Agreement involves the 10 acre site with improvements to the frontage and reimbursement for the improvements. Councilman Alongi continued to question the Agreement. City Manager Molendyk clarified the Agreement with the corporation owned by Mr. Gregory. City Attorney Harper stressed that the agreement is with Paradise Chevrolet and it may not be subdivided or sold. He further stressed that the $300,000 made the project pencil out; and the return to the City is based on additional sales tax revenue. Councilman Alongi stressed that the agreement is with Paradise Chevrolet, and indicated that is the problem with the community. He further stressed that the City made an agreement for a 10 acre development and there was no discussion that it would be split and sold. He expressed concern that this was giving someone an opportunity to sell an improved piece of property and the Council is willing to close down the parks. Mayor Pape questioned whether there were any changes on the sales revenue from the project. City Manager Molendyk further clarified the agreement. Assistant to the City Manager Best indicated that Mr. Gregory will provide the dealership as presented and the improvements are in front of his�project; PAGE FIVE - CITY_ COUNCIL MINUTES - JUNE 109 1997 however if there are no improvements, there will be no reimbursement. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 28552, BASED ON THE FOLLOWING FINDINGS, EXHIBIT "A ", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL AN WAIVE THE REQUIREMENT FOR A RAISED MEDIAN ON CASINO DRIVE FRONTING THE SUBJECT PROPERTY: 1. The proposed subdivision, together with the provisions fm its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. Planning Division Tentative Parcel Map No. 28552 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Tentative Tract Map No. 28552 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. The City's Noise Ordinance must be met during all site preparation activity. 5. Pay all applicable fees including park fees in force at time of issuance of building permits. 6. Prior to final map approval of Parcel Map No. 28552, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be PAGE SIX - CITY COUNCIL MINUTES - JUNE 109 1997 submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. Unless waived by the City Council, all uncompleted improvements must be bonded for as part of the agreements. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 10. Meet all requirements of Southern California Edison Company. 11. Meet all requirements of Southern California Gas Company. 12. Meet all requirements of General Telephone Company. ENGINEERING DEPARTMENT 13. Parcel Map 28552 shall be subject to all applicable conditions of approval for Commercial Project C 96 -2. 14. Final Map shall show the abandonment of the existing storm drain and utility easement dedications on Casino Drive by appropriate certifications on the map. 15. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds, if necessary. 16. All improvement plans and parcel map shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $1000 per sheet for City digitizing. 22. Amendment No 3 to Alberhill Ranch Specific Plan and Mitigated Negative Declaration No 97 -3 - Lake Elsinore Outlet Center Expansion Applicant Horizon Group_ Inc.). (F:150.2) City Manager Molendyk noted the location of the existing outlet center and the size of the facility; and explained that they have now purchased ,1.20 acres on the other side of the freeway. He further explained that the expansion will PAGE SEVEN - CITY COUNCIL MINUTES • - JUNE 109.1997 be basically the same size on the other side, as the existing facility. He noted the proposed entertainment component and explained the intent to attract family business. He clarified that the timing of the project will be driven by the market. He advised that he met with representatives of the entertainment component on Saturday; and noted that to date the Outlet Center has been a real asset to the Community. Mayor Pape opened the Public Hearing at 7:16 p.m., asking those person interested in this item to speak. The following persons spoke: Kenny Smith, representing the Horizon Group, noted the expansions in the last two years; and noted that they have been working with, City staff to bring this amendment forward. He thanked staff for their work and noted the newness of the industry and the recent slowdown in leasing. He indicated that they are now seeing tenants going back into the expansion mode; and noted the strength of this center. He fiuther noted that this Center has shown no dip in sales due to the Ontario Mills development. He indicated that if things go as anticipated the center will expand in 1998. Charlie Smithson, 15721 Shadow Mountain Lane, questioned the cost of this project. Hearing no additional requests to speak, the Public Hearing was closed at 7:20 p.m. Councilman Alongi inquired if this was part of the same agreement for reimbursement of $3 million in off -site improvements for Nichols Road. City Manager Molendyk confirmed, but indicated that they have generated the revenue for the reimbursements. Councilman Alongi indicated that it is not necessary to give them anything to have them in the Community and this is a good opportunity for negotiations; but the Council is going to close the parks: City Manager Molendyk noted the master planning for this project and explained the assistance requested. He indicated that it is similar to the Agreement with Paradise Chevrolet, involving vacant property, with the reimbursement paid from the revenues generated by the new business. He stressed that they are solely generated based on their performance in developing the Center and the performance of the business. Councilman Alongi questioned why it is necessary to assist them with improvements on both sides of the road; and indicated that it was not necessary to give them anything. He indicated that there are still tax dollars to support the services in the Community. City Manager Molendyk noted that this is opportunity to expand the Center through agreements with the City. Councilwoman Brinley noted a similar discussion in the past at the approval of the agreement. She indicated that she was happy to see the expansion and the creation of more sales tax dollars. E� t r, s0. PAGE EIGHT CITY COUNCIL, MINUTES - JUNE 101 1997 MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE AMENDMENT NO.3 TO THE ALBERHILL RANCH SPECIFIC PLAN BY ADOPTION OF ORDINANCE NO. 1029 AND ADOPTED MITIGATED NEGATIVE DECLARATION NO. 97 -3, BASED ON THE FOLLOWING FINDINGS, EXHIBIT A PACKAGE (SPECIFIC PLAN AMENDMENT NO. 3 DOCUMENT) AND THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Pro Tern Kelley questioned the sales tax revenues from the Outlet Center presently. City Manager Molendyk indicated that it is currently between $800,000 and one million per year in sales tax. Mayor Pro Tem Kelley requested confirmation that when they make the improvement if does not come out of the general fund or park revenue. City Manager Molendyk confirmed. He also noted the jobs provided by the Outlet Center. Mayor Pro Tern Kelley questioned the total income from the Outlet Center. City Manager Molendyk highlighted the revenues to date. Councilwoman Brinley called for the question. Councilman Alongi indicated that there is no doubt that the Outlet Center is a good investment. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. FINDINGS - SPECIFIC PLAN AMENDMENT NO, 3 1. SPA No. 3 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 a=. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. SPA No. 3 is consistent with the Goals, Policies and Objectives of the General Plan and with other applicable plans or policies adopted by the City. 3. Development standards and regulations contained in SPA No. 3 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of SPA No. 3 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. 4. Location of SPA No. 3 allows future development to be well- integrated with its surroundings. 5. All vehicular traffic generated by future development, either in phased increments or at full build -out, will be accommodated safely and without causing undue congestion upon adjoining streets. 6. Except as limited by State law, including SB 1287, SPA No. 3 provides plans which allows land uses to be adequately serviced by existing or proposed PAGE NINE - CITY COUNCIL MINUTES - JUNE 109 • 1997 public facilities and services. 7. Overall design of SPA No. 3 will produce attractive, efficient and stable development. 8. SPA No. 3 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the City, nor will it be injurious to property or improvements in the project area or within the City. FINDINGS - MITIGATED NEGATIVE DECLARATION 97 -3 Mitigated Negative Declaration 97 -3, Mitigation Monitoring Program, Response to Comments, and other technical studies have been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA guidelines, and are complete and adequate in their evaluation of all environmental effects of SPA No. 3 and associated discretionary approvals. 2. SPA No. 3 will not degrade the quality of the environment, substantially reduce fish habitat or wildlife species, cause fish or wildlife population to - drop, threaten plant or animal communities, reduce or restrict the range of rare or endangered plant or animal species, or eliminate important cultural resources. SPA No. 3 will not have the potential to achieve short-term goals to the disadvantage of long -term environmental goals. 4. SPA No. 3 will not have impacts which are individually limited but cumulatively considerable. SPA No. 3 will not have environmental effects which cause substantial adverse effects on people. Conditions of Approval - Specific Plan Amendment No 3 The Draft SPA No. 3 document shall be revised to incorporate any corrections and revisions required by the Planning Commission and City Council. A Final Specific Plan Amendment document shall be submitted for review and approval by the Community Development Director or his designee within 30 days of approval by the City Council. No permit shall be issued until the Specific Plan Amendment document and any required revisions are administratively approved by the Community Development Director or his designee. 2. Those issues, standards, guidelines, etc. not addressed in SPA No. 3 will revert to the Alberhill; Ranch Specific Plan. In cases where the Alberhill PAGE TEN - CITY-. COUNCIL MINUTES - JUNE 10,:1997 1 - . 1, Ranch Specific Plan and SPA No. 3 document do not provide appropriate guidance or discussion, then the City of Lake Elsinore General Plan and Municipal Code shall prevail. 3. Provision of Nichols Road improvements shall be provided according to the following phasing program: Planning Area C - Phase V a. Install curb, gutter, and sidewalk along approximately 2,100 lineal feet of Nichols Road (south side of Nichols Road, along Phase V frontage). b. Install 48 feet of pavement (four lanes) along Phase V frontage. Pavement will be tapered in a smooth and safe fashion to the intersection of northbound I -15 ramps and Nichols Road. C. Install 28 feet of pavement (two lanes) from east boundary of Phase V to east boundary of project site. d. This pavement will extend offsite in the easterly direction to make a smooth connection and transition with the County's existing Nichols Road alignment. e. Install traffic signals at northbound and southbound I -15 ramps. £ Post appropriate financial securities for one -half of estimated cost of constructing traffic signals at main access driveway. g. Post appropriate financial securities for one -half of estimated cost of constructing median fronting Phase V. Planning Area C - Phase VI h. Install curb, gutter, and sidewalk along approximately 1,050 lineal feet of Nichols Road (south side of Nichols Road, along Phase VI frontage). i. Install pavement to provide a total of four lanes of traffic along Phase VI frontage. j. Widen northbound and southbound I -15 ramps from one lane to two lanes. k. Improve Wood Mesa Court with asphalt dike and pavement in accordance with Riverside County Road Improvement Standard 105, Section B to complete existing half - street improvements. PAGE ELEVEN= CITY COUNCIL MINUTES - JUNE 10,,1997 1. Post appropriate financial securities for one -half of estimated cost of constructing median fronting Phase VI. Planning Area B m. Install curb, gutter, and sidewalk along north frontage of Nichols Road for Planning Areas A and B. n. Install balance of Nichols Road improvements, in accordance with Urban Arterial standard, including raised median, left -turn pockets, and asphalt pavement for six lanes of traffic. o. Post appropriate financial securities for remaining one -half of estimated cost of constructing traffic signals at main access driveway, or construct traffic signal in the event that Planning Area C is fully developed. 4. Applicants shall participate in a benefit assessment district for purposes of improving the I- 15/Nichols Road interchange. Participation by the project shall be limited to its prorata share based on an engineer's benefit study. The total participation by the project shall not exceed $400,000. Applicants shall acquire necessary approvals, clearances, and permits for future development, including Design Review approval, issuance of grading and building permits, and other provisions of the City's Municipal Code. 6. All standards and guidelines pertaining to the project's land use plan, circulation plan, parking plan, grading plan, drainage plan, water plan, sewer plan, landscape plan, signage plan, and architectural plans shall be substantially complied with to the greatest extent feasible. A parcel map shall be approved by the City of Lake Elsinore to vacate the existing Nichols Road alignment and dedicate a new alignment to provide a smooth transition with the County's existing Nichols Road alignment. All mechanical equipment atop proposed structures shall be screened from public view, subject to the approval of the Community Development Director. 9. Applicants of future developments within Planning Area B shall provide signs that comply with those standards contained in SPA No. 3 or the City's Zoning Ordinance, or shall establish a separate signage program. 10. Applicants shall pay $500.00 per acre of graded property to the Riverside County Habitat Conservation Agency in accordance with Chapter 19.04 of the City's Municipal Code. PAGE TWELVE CITY COUNCIL.MINUTES - JUNE_ 109, 1997 1. 11. Prior to grading of Planning Area B and construction of the Phase VI parking lot in Planning Area C, applicants shall acquire clearances and approvals from the U.S. Army Corps of Engineers and California Department of Fish and Game. 12. Applicants shall implement those mitigation measures and comply with those timing requirements established for each mitigation measure as described in Mitigated Negative Declaration No. 97 -3 and its Mitigation Monitoring Program. 13. Prior to issuance of any grading permit, Applicants shall submit a final grading plan, subject to all requirements of the City Grading Ordinance, and a geotechnical report to the City Engineer for approval. 23. Public Hearing on the proposed Vacation of Ca= Way from Graham Avenue to Heald Avenue and several Alleys on the Elsinore Middle School r e . (F:10.2) City Manager Molendyk explained this request. Mayor Pape opened the Public Hearing at 7:26 p.m., asking those persons interested in this item to speak. Hearing no one, the Public Hearing was closed at 7:26 p.m. Mayor Pro Tem Kelley noted that the questions were answered previously. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-28 ORDERING THE VACATION OF CAMPUS WAY FROM GRAHAM AVENUE TO HEALD AVENUE AND SEVERAL ALLEYS WITHIN THE ELSINORE MIDDLE SCHOOL PROPERTY AND DIRECT THE CITY CLERK TO RECORD SAID STREET VACATION WITH THE COUNTY RECORDER. RESOLUTION NO. 97-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR THE VACATION OF CAMPUS WAY FROM GRAHAM AVENUE TO HEALD AVENUE AND SEVERAL ALLEYS ON THE ELSINORE MIDDLE SCHOOL PROPERTY. 24. Public Hearing - Fiscal Year 1997 -98 -City -Wide Ligline and Landscape Maintenance District - Resolution No. 97 -29. (F:22.2) City Manager Molendyk explained this item as the annual public hearing and noted that it is the same process as done previously, with a reduced PAGE THIRTEEN = CITY COUNCIL MINUTES - JUNE .10, 1997 assessment due to removal of parks. He detailed the facilities covered by the District; and noted the presence of Jeff Cooper, the assessment engineer, to answer questions. Mayor Pape noted that it is good news that the fee will go down. Mayor Pape opened the Public Hearing at 7:28 p.m., asking those persons interested in this item to speak. The following person spoke: Dick Knapp, City Treasurer, noted the $37.00 decrease in the L.L.M.D., and indicated misinformation was provided by Measure BB. He indicated that he was sorry for the Tuscany Hills residents, because their assessments went up He indicated that the key to this discussion is the City is only out $23.50 per parcel, and suggested that there is plenty of time to have an election in the next month to keep the parks open. Hearing no further comments, the Public Hearing was closed at 7:31 p.m. Mayor Pro Tem Kelley indicated that what is missing from this discussion is the $14 in the County assessment, which the County did not pursue. She clarified that last year Tuscany Hills was assessed on a partial year and that is why it is higher. She noted that to hold an election by the end of the month is impossible, and questioned the timing. City Clerk Kasad indicated that it is generally required that an election be called 88 days prior to the election. City Attorney Harper indicated that depending on the approach this would need analysis and at least 45 days. Mayor Pro Tem Kelley questioned if this would be for a benefit assessment. Mr. Harper explained a benefit assessment situation or special assessment to reflect the relative benefit to the parcel; and clarified that it could not be a City-wide assessment, but only in specified zones. He further clarified the potential for an analysis of some parks to be made and finding of special benefit subject to the benefit; but suggested that it could take possibly 6 months to do such an election. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-29 SETTING THE FISCAL YEAR 1997 -98 BENEFIT ASSESSMENT AS PREPARED BY THE CITY ATTORNEY. RESOLUTION NO. 97 -29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. BUSINESS ITEMS PAGE FOURTEEN - CITY COUNCIL MINUTES - JUNE 10, 1997 , 31. Final Approval of Parcel Map 28552 - Paradise Chevrolet. (F:110.2) City Manager Molendyk recommended approval as presented. City Attorney Harper noted approval of the final map is generally a ministerial action. Richard Moore, MCE Consultants, requested consideration of waiving the bonding requirements as called out on the map. He noted the existing agreement for construction of the improvements; and stressed the already strong financial commitment to this project. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE THE FINAL MAP, SUBJECT TO THE CITY ENGINEER'S ACCEPTANCE AS BEING TRUE AND ACCURATE, WITH THE BONDING TO REMAIN AS IN THE ORIGINAL AGREEMENT. City Attorney Harper clarified the existing agreement, which requires that they do the improvements and the bonds guarantee the completion. IN ADDITION, BRINLEY REQUESTED THAT THE BONDS REMAIN IN PLACE FOR SECURITY, KELLEY SECONDED. Councilman Metze noted that the required bonds are not too expensive. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 32. CR & R, Inc. Annual Consumer Price Index (CPI) Increase for Refuse Collection. (F:68.1)(X :163.1) Mayor Pape noted that this action should be handled by staff pursuant to the contract; and questioned the need for Council approval. City Attorney Harper indicated that the City imposes the fee and are obligated to recognize and approve increases. Mayor Pape questioned the ability to have staff handle this type of action in the future. City Attorney Harper stressed the requirement for Council to review the increases. Mayor Pape further questioned the ability to have staff approve increases. City Attorney Harper noted the potential for challenges and indicated it would be better for the Council to approve. Councilman Alongi suggested an explanation of the increase. Mayor Pape indicated that it is only 23 cents a month. Councilman Alongi questioned what CR & R stands for. Dave Fahrion, president, indicated it stands for the owner's initials. Mayor Pro Tern Kelley noted that the original contract was written in 1992 and approved by the previous Council; and questioned when it would be up PAGE FIFTEEN - CITY COUNCIL MINUTES - JUNE 10, 1997 . for renewal. Councilman Alongi indicated that it was a 10 year contract. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE APPLICATION OF NEW RATES FOR REFUSE PICK -UP, RECYCLING AND DISPOSAL IN ACCORDANCE WITH "EXHIBIT C" OF THE CITY'S CONTRACT WITH CR & R. EFFECTIVE JULY 19 1997. 33. CR & R Inc. - Request to put Refuse Billing on Fiscal Year 1997 -98 Tax Roll - Resolution No. 97 -30. (F:68.1)(X:163.1) City Manager Molendyk indicated that staff would like to bring this matter back at a later date. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE JULY 89 19979 CITY COUNCIL MEETING. 34. Requests by Western Riverside Council of Governments: (F:108.13)(X:163.1) For Member Jurisdictions to Help Fund the Cooperative Solid Waste Program. b,. Potential City Annexation into the Waste Resources Mana eg ment District. Mayor Pape noted the WRCOG representative is ill and it is necessary to continue this item until she can be present. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM. , 35. Certification of June 3. 1997, Election Results & Election Follow -up - Resolution No. 97 -32. (F:72.2) City Manager Molendyk noted the Special Election held on June 3rd and noted the outcome on election night. City Clerk Kasad noted the additional results as presented this evening. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97 -32 CERTIFYING THE ELECTION RESULTS. RESOLUTION NO. 97 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MEASURE ELECTION HELD ON THE 3RD DAY OF 41 xb,e� a.[ I PAGE SIXTEEN - CITY COUNCIL MINUTES - JUNE;109 1997 JUNE, 1997, DECLARING THE RESULT THEREOF AND OTHER MATTERS AS ARE PROVIDED BY LAW. ITEMS PULLED FROM THE CONSENT CALENDAR 3. Investment Report - April 1997. (F:12.5) Mayor Pape noted a request to speak from Dick Knapp. Mr. Knapp was not present for comment. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE INVESTMENT REPORT FOR APRIL, 1997. 8. Community Development Block Grant Sponsor's Agreement. (F:68.1)(X:84.2) Councilman Alongi noted that this Agreement is approving the County's $30,000 contribution to the Senior Center; and indicated that the Center is safe for another year and was not truly jeopardized with Measure BB. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SPONSOR'S AGREEMENT AND DIRECT THE CITY CLERK TO HAVE THE DOCUMENTS EXECUTED. 23rd Year Community Development Block Grant Agreements. (F:84.2) Mayor Pape noted that he pulled this item to make the public aware of the consideration; and noted that it is necessary to act to meet the time constraints, but the projects being approved will most likely be changed. MOVED BY PAPE, SECONDED BY BRINLEY TO APPROVE THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTS FOR THE 1997 -98 PROGRAM YEAR. Councilman Alongi indicated that the money noted for Swick Matich park is not for the park, but for the parking lot at Swick - Matich Park. He further indicated that the Council has not yet shut the parks down, and this can still serve a purpose as a parking lot. He suggested that the council was throwing money down the drain by removing funds from the parking lot. Councilman Metze inquired whether this parking lot was intended to include basketball courts and roller blade areas. Mayor Pape confirmed. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE. PAGE SEVENTEEN - CITY COUNCIL MINUTES - JUNE 10, 1997 THE CITY COUNCIL MEETING WAS RECESSED AT 7:54 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:03 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Bruce Holland, 1166 Lake Vista Drive, noted that earlier this evening Councilman Alongi was served with An Intent to Recall Notice; and detailed his concerns with the performance of Councilman Alongi and the impacts on the image of the City. He indicated that should the District Attorney pursue his removal at this time, the recall would continue anyway. He noted the diligence of the other Councilmembers to find solutions to financial difficulties and anticipated that the effort would be supported. He stated the grounds for the recall as listed in the Notice. Julie Gilbart, 16 Bella Lucia, commented on the failure of Measure BB and noted a letter in the Sun Tribune by Chris Hyland; and suggested that the words were not chosen carefully. She specifically noted the comment that "the people have spoken" and noted that they have spoken and over 60% wanted the measure to pass. She noted that this majority would be in compliance with the Constitution and would have otherwise been considered a landslide. She noted comments regarding the cost of the election and campaigns; and stressed the amount generated through donations by concerned citizens. She expressed concern with continuous false and misleading statements. She noted comments she has heard that the City staff is greedy for receiving the salaries they are receiving. She stressed that the salaries are not out of line for professional staff, and questioned whether Mrs. Hyland believes that staff would accept the reductions she proposes and stay with the City. Donna Franson, 7 Villa Valtelena, read the balance of Ms. Gilbart's remarks, and noted the work of the Task Force and their review of the reductions which have already been made and the positions which have already been deleted. She stressed that departments have already been combined and responsibilities shifted. She expressed shock that if Ms. Hyland was aware of illegal conduct, that it had not been reported. She stressed that only $3.85 per month was needed to keep the parks open for the children. Joyce Hohenadl, Chairwoman of the Revenue and Services Task Force, thanked everyone for their work on the campaign and stressed the number of votes supporting Measure BB. She noted the voter turnout in comparison with the overall population and expressed concern with the percentage of voters making the decisions for the community and deciding the quality of life. She stressed that the parks will be closed and the police budget will not get the extra funds for raids and special enforcement activities and detailed other City services to be impacted. She indicated that the Task Force will not be giving up on this issue because too much is at stake for the citizens of Lake Elsinore. Bill Kipp, Chief Executive Officer, representing Abaccy noted when Measure BB PAGE EIGHTEEN - CITY COUNCIL MINUTES - JUNE 109 1997. was defeated and they were informed that the Summerhill Park would be closed, he was concerned that the City has made great efforts to get all of its projects on line. He requested that the Council direct staff to work on an emergency program to keep the parks open. He pledged to keep the parks open, no matter what he has to do to accomplish it. Chris McColley, 29072 Palm View, commented that she is proud to say that she was the Chairperson of the Yes on BB Committee and noted that this was the first election requiring the 2 /3rds vote for approval. She noted that the turnout was higher than the regular turnout, but stressed the number of voters who did not turnout: She stressed that only 4% of the population determined the fate of the Community. She detailed the election results and the impacts of the loss. She, stressed that nobody won this election. She stressed that people need to be part of the solution and suggested that those who voted no should step forward with viable solutions to the problems. She thanked those residents who did vote. Jack McColley, 29072 Palm View, commented on the strong honest campaign by proponents of Measure BB, and expressed concern that only 1 /3rd of the voters bothered to vote. He indicated that there was another faction of the Community who lied to the citizens of Lake Elsinore and ran against Measure BB:. He noted the incident which mistakenly involved an advertisement which read "Paid for by the City of Lake Elsinore'; he detailed the efforts to correct the misinformation and the use of the incorrect information by the other faction. He commented on the way "facts can be manipulated and noted the potential differences in meaning. He further commented that the saddest part is that some citizens were duped; and noted that word and honor go hand in hand, and people should be held accountable. Lorraine Watts, 210 N. Scrivener, invited the Mayor, Council, and residents to attend the NAACP picnic on June 21 st. She noted that they hold the event every =year, but they may not have a park to use next year. She expressed concern with the vote on Measure BB and noted the impacts of Proposition 13 on Los Angeles. She indicated that it became a big dirty city and noted the potential for similar impacts in Lake Elsinore. She stressed the need to pool resources and do something good for the young people. Cindi Wilson, 15030 Vista View, noted that she has many interests in the Community, but is a mother of children in organized sports. She further noted the programs held at the Community Center and stressed the need to consider solutions to save those programs. Dick Knapp, City Treasurer, noted that he missed Item No. 3, but reviewed the monthly Investment Report. He indicated that the Redevelopment Agency was slipped $920,000'from the General Fund to keep it afloat. He noted the balances in the City's accounts. Mayor Pape noted that this time is intended for non - agendized items. Mr. Knapp indicated that there was $5.6 million in cold cash, in the reserve account. He suggested that this was a "slush fund" and requested a breakdown of PAGE NINETEEN CITY COUNCIL MINUTES - JUNE 10, 1997 the $549,000 account as City Treasurer. He indicated that the City does have the money it needs. Chris Hyland, 15191 Wavecrest Drive, noted the prior comments about simple minded comments, and indicated that she is happy she won the election by herself and wonderful that the other side lost. She noted Mayor Pape's comment that it failed because of misinformation; and noted the letter from the insurance company which does not say what she was told it said. She indicated that nothing can be said to cancel the insurance. She suggested that City salaries be lowered by 25 and 30 percent. She detailed the salaries of the managerial positions in the City and noted that 11 City employees will loose their jobs and suggested much of this could be used toward the parks. She noted that the Task Force was not appropriate due to the locations from which its members were drawn. CITY MANAGER COMMENTS City Manager Molendyk commented on the following: 1) Indicated that with fair evaluation of populations our size, most do not have the same amenities. He stressed that Lake Elsinore has downsized management and has an exceptional staff for a city of 25,000. He noted that even with the downsizing staff has kept up with the demands of the community, but that will change on July 1st. He thanked the citizens involved in the community efforts over the last month for their support. 2) Addressed liability and the letter received from the JPIA in which they indicated that if the City could not maintain parks, it should take maximum efforts to protect the City from liability. He explained that if someone goes on the park and is seriously injured the City residents are the shareholders and the City would have to come up with the money for damages, and stressed that this is the reasons for the protection factors discussed. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: Noted the number of people who voted on Measure BB and the percentage of votes from each area. He criticized the people who did not vote on Measure BB. 2. Noted that Visions and Views was not supposed to cost the taxpayer any money, but to date $11,000 has been spent on the program. He noted correspondence for Visions and Views and explained that it takes City staff time and supplies to implement this program, which costs the City. He pointed out that the Council did not vote to spend any money on this program. . I' J PAGE TWENTY —CITY COUNCIL MINUTES - JUNE 109 1997 3. Commented that the signs posted at the parks were not voted on by Council and money was spent to produce them and put them in place. 4. Commented on a magazine article regarding an election in Duarte and noted that 72.5% of the property owners voted on their annual assessment for the preservation of parks, green belts, etc. and explained that they carefully designed their mailed ballot. He stated that they emphasized "don't use bureaucratic jargon in the ballot, don't use scare tactics to dramatize a need and sidestep or gloss over weaknesses. He indicated that they had a very successful vote and kept the parks open because they didn't give the people a lot of baloney. 5. Commented on the letter from the SCJPIA and stated that the Task Force Committee had said that the insurance committee would cancel our insurance unless we chain linked our parks. He quoted from the letter "If you are not able to eliminate your risk by transferring the parks to others, various steps should be taken to minimize the risks. Because the park would not be maintained, dangerous conditions would ultimately develop with use without maintenance. Dangerous conditions can be minimized by removing all bodies of water, play equipment, backstops, dugouts, swings, slides, etc. and all other fixtures that may attract people. Ultimately the safest thing to do might be to remove all of the improvements, level the ground and fence the property. However, I hope that this appropriate consideration by the City or various scenario, in the event that the election question does not pass is soon in a category of an unneeded contingency plan. If the people say, in essence, that they do not want to pay for the parks we will try to assist you with risk management recommendations based upon a visit to your parks." Councilman Alongi stated that this says that they are willing to come and visit the parks and give ideas what can be done to eliminate or reduce the City's risks and there is nothing in the letter that says that they are going to cancel the City's insurance. 6. Noted a memo that he sent to the other Councihnembers dated June 4, requesting a Special Council Meeting to discuss the closure of the parks, the lay -off and discuss where the money might come from to keep the parks open. He stated that Council has not responded. 7. Noted an article in the newspaper which reads "City Corrects Alongi's Inaccuracy ", and stated that he has invited people to come on his program to show where he is wrong, either from the Committee or anyone else. 8. Noted an article by Carl Love and the Mayor's comments regarding the loss of employees. He stated that the City has been proud of contracting the services out, and if those services are being contracted out, then the employees are not needed. He noted that the Mayor further stated that the City incentives have helped to bring Wal -Mart and the Outlet Center to the PAGE TWENTY -ONE - CITY.COUNCIL MINUTES -.JUNE 109 1997 City and other cities such as Temecula do the same thing. He stated that he contacted Temecula, and they are not doing the same thing. He further noted that Temecula told Wal -Mart to take a hike and that is why Temecula is one of the richest cities in Southern California, because they don't give money away. 9. Addressed the issue with Paradise Chevrolet and the fact that the City should not allow them to take the profits from the City and go down the road with them. 10. Cited the Outlet Center and stated that they have not generated enough tax dollars to keep from using some of the increment and the City is picking up the tab for the Sewer Assessment. He stated that now they want to expand across the street, and they can go and do it, but without City assistance. He stated that he does not give a damn how much tax increment these projects create when the fact is that $3,000,000 plus 7% interest is going to them and it should be in the taxpayer's pocket.. 11. Commented that an article regarding Measure BB which suggested it was on the ballot because the City was trying to level with the voters, however the City was trying to give the voters a bunch of baloney. He stated that the previous Council made this City Manager spend $8,000,000 more for the ball field and didn't ask the citizens, didn't ask the rest of the Council and told the City Manager to just do it. He further stated that no one came before the City Council and asked for the expenditures. He noted that the City has money for a fire station that cannot built because it cannot be maintained, however the City can borrow money, $500,000, to pay someone else's delinquency in taxes to save a credit rating. He indicated that the money is there through some tough decisions, however this Council won't make them. He suggested that Council is going to teach the public a lesson. He stated that he does not like to see the parks closed, but he won't give in to threats. 12. Asked what Mr. O'Byrne is going to do now that Doubletree is out of business. He noted that Doubletree bought the Red Lion out, and inquired about the status of the agreement with Mr. O'Byrne. 13. Addressed the Sun Tribune and stated that he does not know how they can call the people that voted negative, when there are 70% who did not vote in this community. He stated that he has a right to vote what he thinks is right, whether they like it or not and everyone else has the same right. He noted that is what makes this country great, and he can vote on whatever he wants to vote on. Yes, no or otherwise. He stated that what the Sun Tribune should do is find out why 70% of the people from this community did not vote. 14. Addressed an article in the Sun Tribune which suggested that the watering and mowing of parks less often would be one step to take,, but it is easy to see PAGE TWENTY -TWO - CITY COUNCIL MINUTES -JUNE "10, -1997 that move won't save $650,000. He agreed with the concept, but stated that just like in business, you start with the cut backs. He noted that -a business would cut back on employees, insurance expenses, trucks, cars and whatever you might have and start there. He noted that you start with the nickels and then work up to the dollars and that is how it starts to work up to the $650,000. He stated that this Council has not done that, and the paper is wrong by putting that in the paper. He indicated that he still doesn't think that the Council will close the parks. 15. Noted a statement in the paper that it is easier to campaign against something, but much harder to help solve the problem. He stated that he has done his job to solve the problem, and this Council won't have the backbone to do it. What Council needs to do is tell the City Manager to keep the parks open and not give a damn what it costs, or where we get the money; just keep the parks open until we can have another election and put it together properly. What the public is interested in is parks alone and nothing else. He stated that if the Parks alone were put on the ballot, then it would have passed. He indicated that now we are stuck with the real big problem that is going to require some critical thinking to get us out of problems. He stated that he stuck his neck out and this Council doesn't want to follow his suggestions to solve the problems. 16. Reminded the public that it took a 50% plus 1 voted to have a 2 /3rds majority vote on Proposition 218, and he noted that some of the people that were on the list voted for a 2 /3rds vote. 17 Stated that there will be a problem with the recall since he has 1214 votes for "No and he knows that he has those. He noted that he just has to work on the 1800. He noted that there are a lot of people that voted for the parks because they didn't want to see them close, but they disagree with the measure, and stated that they are going to have some fun. 18. Stated that he came here tonight with the attitude to say "take this job and shove it ". He further stated that he had a family problem, but now he feels the public can just try and recall him. He stated that they couldn't do it with Mayor Washburn and you won't do it with him. 19. Noted that absentee ballots are simple to fill out and they don't have to leave their own home, yet 70% of the people did not vote. 20. Indicated that signage for the parks were posted in illegal places and not one sign was taken down by Code Enforcement. He suggested that there was selective enforcement. 21. Challenged the people to try and recall him. , He stated that he did not give a damn about the District Attorney or anybody else. He stated that he cares PAGE TWENTY -THREE - CITY COUNCIL MINUTES JUNE 109 1997 about himself and no indictments have been filed and his attorney will take care of that. He noted that the Government Code has been violated, and not legal law; and he has not paid a nickel of that yet. He encouraged the community to take him on. He invited everyone to have a nice evening and especially those who signed his recall petition. Councilman Metze commented on the following: Advised that everything on the Wal -Mart site, as of six months ago generates $500,000 straight into the City coffers. He noted that it is the same thing with the Outlet Center; and commented that the Horizon Group has lots of investments all over the place, and yet came to the City wanting to invest more money into the community and generate more dollars for the community. He indicated that it is necessary to do this to generate more revenues. 2. Noted Paradise Chevrolet and stated that the City is in a better position on this one than any other project. He stated that they subdivided and if a car dealership go in next to them, the City gets 100% of those tax dollar. Asked Mr. Kipp to do anything he can do to assist with the parks, since it is what is best for the community and the Council will support it. 4. Addressed scare tactics and asked what it was called when Los Angeles County said they were closing down half of their fire stations; what was it when Murrieta said they were going to close their parks. He asked why it was only here that it was called scare tactics. He stated that this Council sat and told it straight right from the begriming that there was no money to cover, those things. He noted that the Task Force told the public that there was no money to cover those things and examined the finances of the City for the last five years. He stated that no Council person sat in on those meetings and did- not tell them how to think or what to say. He stated that the majority of Council told the public the same facts the entire time and unless Mr. Kipp does something, the parks will close. He stressed that there are no funds for the parks. He stated that some of the public stated that the City should close i the Stadium, but if the City closes the Stadium it will cost a lot more than /y $2.8 million. He indicated that the Storm knows how to sue and they would win. He noted that if Council took that kind of action, then the community would have a legitimate beef with Council. He commented that when a poll was taken the Storm and the Stadium were the two biggest things that the people liked in this community. He stated that the City cannot use the reserves to pay for services, and this was addressed by the financial team; and clarified that if there were an emergency in the community, then the community would expect the City to deal with it, and without money there would be no service at all. He stated w } ;.y PAGE TWENTY -FOUR - CITY COUNCIL MINUTES,JUNE 10, 1997 that he had heard that the school owns some of the parks and he pointed out that is wrong. He noted that they have indicated that they will not pay to keep the parks open. 6. Commented that he has been accused of being corrupt and not to be trusted. He asked in what way he has done anything to merit that accusation since he stands to profit from nothing. He stated that he lives in a modest home like everyone else, shops in the same stores; and he would like to know if he has cheated, where is the money. He stated that if he is corrupt, then the accusers should prove it. He stated that the only thing he wishes to do is work for his community and he feels like he has done that. 7. Advised that the City is cutting 11 employees and noted that the City is expected to stand on its own for 72 hours in an emergency. He stated that he doesn't know how the City will be able to do that now, with three men at City Yard and that they cannot provide the services that have been given in the past. He stated that in those circumstances the community is going to complain, however the Council did try to do a 50% vote and that didn't work. He reiterated that the Council has followed with what the majority wanted and in order to place this issue on the ballot the Council had to go along with a 2 /3rds vote. He noted the fish kills and indicated that it will take a whole lot longer to clean them up because we don't have the people to do it. He stated that it is not Council's fault because they tried from the beginning to let the people know what was going to happen. He noted that the County is serving eviction notices and no one is making a big deal out of that. He noted that when a person shows up at City Hall the day after the election and gloats to employees that are going to loose their jobs, there is something wrong in the community. He expressed concern that no one is coming to Council with viable solutions; and stressed that the Task Force examined every angle and worked on the issues. Mayor Pro Tem Kelley commented on the following: Announced that the community is invited to the Night After Grad Night, which is on Friday, June 13th, from 6:00 p.m. to 8:00 p.m. She asked that the public feel free to walk through the Grad Night exhibits and sets so they can get a feel for what the committee has done to provide a safe night for the graduates. She stated that it will be a lot of fun, and noted that the sets were designed by a gentleman from Disney and they are wonderful. She advised that refreshments will be served and they are asking for a $2 donation. 2. Announced that the Evening Boat Cruises sponsored by Pro Marine are starting up again and stated that it is a wonderful opportunity to be on the Lake and get a different perspective of the Lake. She stated that they start at approximately 6:00 p.m. and last about one hour and are wonderful: She indicated that interested persons can call (909) 678 -4028. PAGE TWENTY -FIVE - CITY COUNCIL MINUTES — JUNE 10, 1997 Commented that last Tuesday the citizens of this City lost more than just an election; they lost a Community Center which provided recreational classes, meeting rooms, lessons and endless activities for everyone; a park system that has taken years to develop and nurture into one of the best in the Valley which provides a source of entertainment, enjoyment, a place for families to get together and picnic, a place for young and old alike to rest and play; sports leagues that have taken years to organize and grow into a recreational force in this Valley such as Little League, Girls Softball, Soccer, Football, Adult Leagues, etc. She indicated that this has crippled our youth, doused spirits, limited the future; and squelched a lot of joy and opportunity for our kids, ourselves, and each other. She reiterated that the City has lost 11 hard working employees that have served this community with pride and effort; but, most tragically, this community has become deeply divided with anger, rumors, misinformation and lies. She noted that we have become too quick to take information for truth without considering the source or doing our own investigating. She stressed the importance of making sure that we are out there doing our own investigation of issues ourselves. She suggested that some of us have become too complacent to attend Town Hall Meetings or Neighborhood Coffees to seek out information. She noted that we have allowed ourselves to take for granted the services that are provided by our City and never given a thought to what it costs and what it takes to provide those services until they are in danger, then its too late. She stated that over 6,000 people in this City have become uninvolved and apathetic and have developed an attitude that all that matters is what we personally desire for our own. She stated that she hears over and over again "close the parks I don't use them, but leave the community center open I do use that ", or "close the community center, but leave the parks open I use those" or "close everything down, I have no children ". She stated that she has even heard "turn out the street lights as well, we don't need them ". Mayor Pro Tem. Kelley stated that we have forgotten the community, our neighbors, our children, our future, our employees, and we have forgotten our City. She stated that we have become quick at pointing fingers of blame, but the people to blame are the 6,000 people who did not bother to go to the polls. She noted that more than likely those are the people who will come before Council and complain about reduced services, the lack of parks, the closed community center and so on. She stated that as far as she is concerned there is no excuse for not voting since it is too simple by either going to the poll or voting absentee. She noted that a little over 1200 people told 27,000 people, we all won't have parks and other desperately needed services. She stated that even worse, some thought of this as a contest that they won. She asked what was won and who are the winners, and indicated that we are all losers and will all suffer with lower property values, idle youth, additional graffiti and so on. She commented that the pain will go on in this town for a long time and will be hard, but not impossible to recover from the damage that will be done. She asked that the public reflect for just a minute and consider that the budget was already $853,000 short when Proposition 218 passed, and it eliminated the park eae�y, PAGE TWENTY -SIX - CITY COUNCIL MINUTES - JUNE 10, 1997 maintenance portion of the existing Lighting and Landscaping Maintenance District. She stated that this was a State Wide Ballot that requires every city to validate existing assessments retroactively. She noted that the Task Force recommended not going to the voters constantly, but go once to reinstate the services that the City has lost over the last few years. They recommended that the City be made whole again without having to pay for several elections, which are very expensive. She noted that this Council started a public education process with Town Hall Meetings, coffees, fliers, T.V. shows, public service announcements, discussions at City Council Meetings, mailers, walked and knocked on doors to talk to people, and phone banks which became a part of their daily lives for the last month. She further stated that they have been straight forward with the voters telling them exactly what was on the line and placed signage at the Community Center and the parks to let the public know closures were imminent if the Measure did not pass. She explained that it was not a threat, it never was, but rather a posting to let the public know what was on the line with this Ballot, so,no one would be surprised when the fences went up. Mayor Pro Tem Kelley stressed the importance of moving forward in a positive manner, keeping faith in the City, rolling up our sleeves to make it work, cooperating with each other and looking for solutions that are viable, do -able, and legal as quickly as possible. She noted that the community will have to put their heads together, take input, make a decision, and go back to the polls in November. She stated that time cannot be wasted and there is not time to get bogged down with accusations. She noted that most importantly, whatever ends up on the ballot in November, must be a joint effort of everyone concerned to agree on what is good for the Community. Councilwoman Brinley commented on the following: Supported the comments by Councilman Metze and Mayor Pro Tem. Kelley, and indicated that they have said everything that needs to be said. 2. Stated that she felt that it was a shame that so few speak for so many. She commented that it not the way our system was established, but somewhere we have taken a turn on the road and we need to go back and review. She commented on the Proposition with a 2 /3rds vote, and stated that we need to go back to the ballot and allow the voters to make a review. She stated that she does feel that the community should have a say in where their tax dollars go and that was never the issue with herself or the other Councilmembers. She stressed that was why the money was earmarked and why the Task Force was asked to stay together to make sure that the funds were spent properly. She noted that Council had proposed a tax statement to be mailed to each property owner to allow them to see where their tax dollar was being spent; therefore it was never an issue that the people of the community were not going to be treated like a consumer in their own City. She further noted that the issue was to allow the majority to speak. She reiterated that there was a PAGE TWENTY -SEVEN - CITY COUNCIL MINUTES - JUNE 109 1997 lot at stake and our children were the issue. Councilwoman Brinley explained that the Ball Park was not the issue, but was used as a smoke screen for the negative and explained that Mr. Gunn and Council worked hard to form a bond pool to make the stadium stand alone and work for itself. She fuuher explained that the Council is working with a firm to help the City renegotiate a contract with the Storm and this will help the City to work towards a positive goal. She stated that the issues addressed by Measure BB were parks, police service, diversified programs for children, the Senior Center, the community center and the community on a whole. She explained that she is very sorry that this Council has to make the decisions that they have to make and no one likes to do it; and noted that what upsets her is the fact that the Council sits down as a whole with the City Attorney, City Manager and financial consultants and reviews the budget with all of the bad news being released to the public in black and white and a decision was reached as to what had to be done; she stated that all five Councilmembers agreed to do what had to be done, but when it comes before the Council table one member feels free to say no and suggested that there are other choices. She noted that he knows that there are four other responsible people at the table who will do the responsible thing and do what has to be done. Addressed the comments regarding Visions and Views and stated that it was _. approved by Council and is a positive program about the community. She noted that the program in June will be about Grad Night and all the hard work that goes into that production to provide a safe environment for the teenagers. She stated that it did not cost $11,000 for the program and noted that Media One volunteers their staff to tape and produce the program and noted that staff meets for the program during business hours. She noted that the committee does send a notice to Media One stating when the next meeting will be held and that does cost $32. 4. She addressed that fact that she has been with the City family for over ten years and noted that she has worked with staff for the entire time. She stressed the dedication, effort and good will that they have brought to the City and stated that Council would be more than willing to furnish a letter of recommendation to the employees who have been laid -off to help further their careers. 5. Addressed City Treasurer Knapp's statement regarding hidden accounts, slush funds and all the other things that he eludes to and stated that the City had an audit last month and this occurs annually; and if Mr. Knapp had all these questions why didn't he address the auditors while they were here. She explained that he was told about the audit, and knows when it is going to take place and asked why he did not question it then. She inquired if the professionals found something wrong, then why didn't they report us. She noted that Mr. Knapp wants to get up and blow his own horn about all the things that he knows about being a City Treasurer and yet he does not go to PAGE TWENTY - EIGHT - CITY COUNCIL MINUTES - -JUNE 109 1997 the very people who would prove his point. She commented that there does not need to be the fighting and name calling. 6. Stated her agreement with the person who stated that one person speaks and drags the rest of Council down with him. She stated that the rest of Council does not run down the community or bang the table in frustration. She stated that the majority of Council tries to come forth with truth and professional stature. 7. Agreed with Councilman Metze that none of the businesses coming to Lake Elsinore are getting pay -backs or misdealings. She stated that they are doing business and are being reimbursed by the taxes they themselves generate and if they do not generate the tax, they will not be reimbursed. Invited anyone that wished to see the contract to come to City Hall and review it. Invited the public to meet with staff to make a review of the contract and details of the project if they wish to know more. 8. Thanked all the organized youth groups, community members and everyone who invited Council to their homes to speak regarding Measure BB. She noted her appreciation for being given the time to explain the City's position and situation. She thanked the people who voted on Measure BB in a positive manner, but most of all she thanked everyone that voted. She stated that voting is a privilege and people do not understand that. Mayor Pape commented on the following: Noted that as a community we have really gone through the gambit of emotions. He stated that on election night a lot of people were stunned in disbelief and disappointed. He further stated that as the week went on a lot of people became angry because of the effect it was going to have on their lifestyle here in the community. He noted that some of that attitude was manifested at this meeting. He commented that their anger is so great that they can generate recall papers in one week and serve them. He indicated that he feels that this shows that they are determined, angry and upset. He stated that he is also angry and upset because their are people in the community and an elected official who have lied to the public. Mayor Pape stated that he looked up the meaning of lie in the dictionary and it says that a lie is a false statement made with deliberate intent to deceive; something intended to convey a false impression; to speak falsely or utter untruth knowingly. He stated that he thinks that is what we have been experiencing. He noted that it is very frustrating to see that and stated that maybe he is old fashioned, but he believes that public officials should be accountable for what they say and make every effort to give people the facts so they can make up their own minds. He stated that he has no problem with anyone that voted against Measure BB that had the complete facts and could look at him and say that they knew that the parks were going to close; knew we were going to PAGE TWENTY -NINE CITY COUNCIL MINUTES - JUNE 10, 1997 close the community center; knew we were not going to have the extra police protection; and knew we were going to have more graffiti; and still think they would rather have the $3.85 extra in their pocket each month. He stated that if they know the facts and still feel that way, he has no problem with that, but for the public that were lied to and told parks were not going to close and that we have money, it's not true and the reality will start to set in and people need to ask who has been telling us the truth and who hasn't. He noted that maybe the public credibility detectors have been turned off and overpowered by our needs and wants. He stated that we want to believe that a Councilman is telling the truth and trust your neighbors when they tell us the parks will not be closed, but in reality we should have listened to that little voice in our head that said "where is that money going to come from if we loose this revenue source ", and that little voice is getting louder and louder now and will become a reality next week because the contractors will start to put up the fences. He noted that the parks, community center, extra police protection and graffiti abatement have been taken away; the lifestyle and standard of living has been changed by a minority of the people in the community. He stated that the voters in November can give it back, but from this point it is important to work on a solution. He challenged the Citizen's Committee to get back together, look at the alternatives, come up with a recommendation for a solution, because it needs to be addressed immediately at the next meeting. He stated that we do not have time for a lengthy discussion on it, because we need to get information to the County by the end of the month so it can get on the November ballot. He commented that he felt most people would want to try again and see if there are new sources back to support the; services needed in the community. He explained that the revenue is going away June 30th, of this year; we need to balance the budget for next year anal with reduced revenue this means reduced services. He noted that every yea3- he has been on Council, the City has been cutting services and staff and this year we are going to have to do it again; but we are now to the point where it is down to the bone and it is very painful to make these cuts. He further explained that in answer to a reduction of 11 staff members, it doesn't matter who they are, but it was about providing services to the Community. Mayor Pape stated that there is turmoil and upset in the community and that bodes well for Councilman Alongi and the people he wants to see sit the Council in November. He indicated that it is disgusting that an elected official would play politics with the community just to be able to accomplish his own goals. He stated that what the community needs to do now is get together and look for solutions; come up with a program that people are going to be satisfied with and find as a community what services we are willing to pay for and what services we are going to go without. He noted that there were some good programs that are going to go away now and they will be gone for a while, but hopefully people will want to see them come back and funds will be voted for in the November election. He stated that we now have 33 people working at the City and an equal number of police positions and noted that more than half of the City's budget goes to Public Safety and stated that PAGE THIRTY CITY COUNCIL MINUTES - JUNE 109 1997 if Council has to cut again next year, that is the only place left. He stated that there is not a person that wants to see that. He explained that he hopes the State will see that they have taken too much revenue from the cities and start to send some of that back, but right now it is only in the talking stages in Sacramento. He encouraged the public to get in touch with their State representatives and express their opinions. He stated that he has faith in the people of this City to deal with the problems and together we will get through this. CLOSED SESSION None. ADJOURNMENT THE REGULAR CITY COUNCIL MEE IN W DJOURNED AT 9:29 P.M. VIN W. P E, MAYOR CITY OF LAKE ELSINORE ATTEST: VICKI KASAD, CITY CLERK C '.r Y OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 249 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE. Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS A. Proclamation -Amateur Radio Week (17:122.1) Mayor Pape read and presented the Amateur Radio Week Proclamation to Don Foster, representing the Lake Elsinore Amateur Radio Operators. Mr. Foster thanked the Council for the presentation and explained the function of their organization. B. Presentation - City Manage r (F:46.1) Mayor Pape presented a City Tile Plaque to City Manager Molendyk for his 13 years of service to the City of Lake Elsinore. City Manager Molendyk stated that he is completing 36 years of government service and gave an overview of his employment history. He noted that over the last 13 years there have been a lot of changes in the City and much has been accomplished. He stated that he feels the City has a great potential for the future in Recreation and Tourism. He stated that it has been an honor to be the City Manager in this City for the last 13 years. PAGE TWO - CITY COUNCIL MINUTES - JUNE 24, 1997 C. Presentation - City Attorney (F:40.1) Mayor Pape presented a City Tile Plaque to City Attorney Harper for his 15 years of service to the City of Lake Elsinore. City Attorney Harper stated that the decision to leave the City has been a hard one and he hopes that his years of service with the City have left people with an attitude of a helpful and user - friendly attitude toward the legal end of government. He commended staff for their hard work and stated his pleasure in working with them. He stated that one of the other reasons that it is hard to leave is because of some of the problems that Lake Elsinore is facing, however he felt sure that those problems would be resolved because Lake Elsinore is not the Diamond Stadium, Wal -Mart, Outlet Center or City Hall, but rather the community. He explained that the people who live in Lake Elsinore are hard working, good hearted, dedicated people who want to provide abetter community for themselves and their children. D. Presentation - Chamber of Commerce Update. (F:108.4) Tom Thomas, President of the Chamber of Commerce, thanked City Manager Molendyk and City Attorney Harper for the opportunity to work with both of them and for their hard work for the City. He gave a report on the Grand Prix that the Chamber presented and stated that it was a success. He stated that in 1996 there were 6 races, and this year there were 14 races in the same amount of time and it made a better event. He noted that there were open Beer Gardens throughout the Downtown area during the event, and there were no incidents. He commented that speaks highly of our community and the people that attended. He explained that the carnival did not do well and they will have to rethink that portion of the event. He stated that the race committee will start in the next few weeks to work toward next year. He thanked everyone that helped to make the event a success. He noted the Golf Tournament and stated that it was a success. Mr. Thomas gave a report on the EDC and explained the goals of the organization. He noted that they are planning a Membership drive and a Membership Directory. He thanked the Sun Tribune for their assistance with the Chamber newsletter. He commented on the Chamber's disappointment with the outcome of the election on Measure BB and the impact it is having on the community. He announced the Monthly Board Meeting will be July 1, at 5:30 and is open to all Chamber Members; The Economic Development Meeting, is by invitation only, July 10, at 11:30 a.m., at Guadalajara Restaurant; Ambassadors Committee Meeting, July 8, at 11:30 a.m., location to be announced. PUBLIC COMMENTS - AGENDIZED ITEMS Mayor Pape explained that there is an item regarding the November Election with a Resolution that has been requested to be added to the Consent Calendar. PAGE THREE CITY COUNCIL MINUTES - JUNE 249 1997.,, MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADD THE RESOLUTIONS CALLING THE GENERAL MUNICIPAL ELECTION FOR NOVEMBER 4, 1997 TO THE CONSENT CALENDAR AS ITEM NUMBER 12. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 6, 7, 8, 9, 10, and 11. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH METZE ABSTAINING FROM THE VOTE ON ITEM la. 1. The following Minutes were approved: (F:44.4) a. Regular City Council Meeting - May 27, 1997 The following minutes were received and ordered filed: b. Planning Commission Meeting for May 21, 1997 C. Planning Commission Meeting for June 4, 1997 (17:60.3) d. Design Review Committee Meeting for May 21, 1997 e. Design Review Committee Meeting for June 4, 1997 (17:60.4) 2. Ratified Warrant List for June 16, 1997. (F:12.3) 3. Rejected Claim No. 97 -14 - Clayton Stensrud. (F:52.2) 4. Received and ordered filed the required Monthly Report on the State COPS.;;, Grant for March 31, 1997. (F :84.8) 5. Approved renewal of Letter of Credit to Bank of America, authorized signatures on Agreement and Adopted Resolution No. 97 -33. (F:68.1) RESOLUTION NO. 97 -33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AUTHORIZING THE SECOND AMENDMENT TO THE BANK OF AMERICA STANDBY LETTER OF CREDIT IN THE AMOUNT OF $800,000. 12. Adopted Resolutions Nos. 97 -48 and 97 -49, calling the General Municipal Election for November 4, 1997. (17:72.2) PAGE FOUR - CITY COUNCIL MINUTES -:JUNE 249 1997 RESOLUTION NO. 97-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 1997, FOR THE ELECTION OF CERTAIN OFFICES OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF RIVERSIDE TO CONDUCT SAID ELECTION. RESOLUTION NO. 97 -49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 1997. PUBLIC HEARINGS None. APPEALS 21. Appeal of Structure Abatement Action at 283 North Main Street (F:32.4) Community Development Director Leslie stated that staff is working with the applicant and they are in the process of having a structural engineer go over the house; and it is staff s hope that the problems can be worked out and the appeal dropped, however in the meantime the property owner is keeping his options open. He stated that staff is asking for a continuance to July 22, 1997. Mayor Pape stated that the Meeting of July 22, will be adjourned, and asked if the first meeting in August would be satisfactory. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE APPEAL OF STRUCTURE ABATEMENT ACTION AT 283 NORTH MAIN STREET TO.AUGUST 12, 1997. PAGE FIVE - CITY COUNCIL MINUTES - JUNE 249 1997 BUSINESS ITEMS 31. Second Reading of Ordinance No. 1029 - Adopting Amendment No. 3 to the Alberhill Ranch Specific Plan and Mitigated Negative Declaration 97 -3 for the Lake Elsinore Outlet Center Expansion (Horizon Group Inc.). (F:150.2) MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE SECOND READING OF ORDINANCE NO. 1029. Councilman Alongi asked that the vote on this Ordinance be corrected, since he voted yes on this Ordinance. Mayor Pape indicated it would be so noted. THE FOREGOING MOTION WAS APPROVED AND ADOPTED: ORDINANCE NO. 1029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING AMENDMENT NO.3 TO THE ALBERHILL RANCH SPECIFIC PLAN AND MITIGATED NEGATIVE DECLARATION 97 -3 FOR THE LAKE ELSINORE OUTLET CENTER EXPANSION (HORIZON GROUP, INC.). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. November Ballot Measure - City Services. (F:72.2) Mayor Pape stated that Council just found out on Saturday that Council will;: have a little bit more time before Ballot Measures are required to be filed in the Registrar of Voters office. He stated that this would give the Task Force the opportunity to meet twice more. He stated that Council would have to postpone this item to July 15, 1997, and set a Special Meeting to make a decision. This would give the Task Force the opportunity to meet and discuss different ideas and a finther opportunity to give input to the Council before a decision is made for the November ballot. He stated that Council should take the time to be sure what people want and the services that they will approve and pay for. He noted that an extra three weeks would be to Council's benefit. PAGE SIX - CITY COUNCIL MINUTES JUNE 249 1997 MOVED BY PAPE, SECONDED BY BRINLEY AND APPROVED BY UNANIMOUS VOTE TO SET A SPECIAL CITY COUNCIL MEETING FOR TUESDAY, JULY 159 1997, AT 7:00 P.M. Mayor Pape stated that he knew that there were requests to speak on this item and Council does want input. He asked if those who wished to speak would call or write to Council with their thoughts in regard to the matter. He asked that they put the July 15th Special Council Meeting on their calendar and plan to attend the meeting to give input prior to Council making a final decision. 33. Consideration of Establishment of Voluntary Campaign Expenditure Limits (Proposition 2081. (17:72.1) City Manager Molendyk stated that this is pursuant to the California Political Reform Act of 1996, and became effective January 1, 1997. He explained that this action would bring the City in line with Proposition No. 208. He further stated that staff recommends that Council approve Ordinance No. 1030, establishing a voluntary expenditure ceiling for elections to City offices and Resolution No. 97 -47, establishing the number of City residents for the purpose of determining the voluntary expenditure ceiling for City elections. Mayor Pape noted that this Proposition allows $26,500 on a campaign and stated that the total number of candidates for any election has never amounted to $26,500 in expenditures. Councilman Alongi noted the increase of contribution limit from $100 to $250 and explained that anyone who contributes less than $250 does not have to report it. City Attorney Harper stated that it is a contribution limit and has nothing to do with reporting. Councilman Alongi clarified the reporting procedure for contributions requirements. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 97-47 AND THE FIRST READING OF ORDINANCE 1030. RESOLUTION NO. 97-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING THE NUMBER OF RESIDENTS OF THE CITY FOR THE PURPOSE OF - DETERMINING THE VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS, AS ESTABLISHED IN SECTION 2.08.026 OF THE LAKE ELSINORE MUNICIPAL CODE. PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 249 t997 ORDINANCE NO. 1030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADDING SECTION 2.08.026 TO THE LAKE ELSINORE MUNICIPAL CODE ESTABLISHING A VOLUNTARY EXPENDITURE CEILING FOR ELECTIONS TO CITY OFFICES AND PROVIDING FOR AN INCREASE IN THE CAMPAIGN CONTRIBUTION LIMITS IN ACCORDANCE WITH THE POLITICAL REFORM ACT OF 1996 (PROPOSITION 208). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE �. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Swimming in Lake Elsinore - Amendment of Municipal Code Section 8 40 40 "Parks and Beaches ". (F:92.1) Mayor Pape introduced the item and explained that he felt that staff had worked out some solutions to this issue that should satisfy all parties.. concerned. City Manager Molendyk explained that when the City accepted the transfer of the Lake from the State in July of 1993, the City also accepted the rules and regulations the State had in place. He explained that the City translated State regulations into City Ordinances to have codes on the books for enforcement on the Lake; these regulations also included some State policies relating to designated swimming areas, legally limiting use of the Lake for swimming. Assistant City Manager Watenpaugh stated that the item before Council is a, clarification that has been brought forward because of a letter that was sent to another public entity. He noted that the City took over the Lake in 1993, and basically adopted the riles and regulations that had been approved by the State Park and Recreation Department for operation. He explained that one of the rules the City had been operating under was verbal, and not a written swimming regulation. He explained that the State has no record of ever citing anyone for swimming in the Lake, however they did continually usher people closer to shore and out of the path of boats. Assistant City Manager Watenpaugh stated that in conversations with Dave Vincent, Don Monahan and Andre Ramos who worked on the Lake, the policy is still the same at Lake Perris, although they do not have a writter. regulation. He further stated PAGE EIGHT - CITY COUNCIL MINUTES- JUNE 249-1997 t . that based on the input from the Community, along with the new Launch Ordinance for private property owners, staff has amended and added under Section 8.40.040 K and L be added to the Code to allow swimming within a safe margin. He explained the public safety issues, and noted that the intent of the this ordinance is to provide people with the flexibility and the freedom to swim, and to put it in writing to legally allow swimming with something enforceable to assist the City in terms of potential liability regarding drowning where people cannot swim. Assistant City Manager Watenpaugh stated that he has talked to Mr. Grenier from the Park District and he was comfortable with what the City has proposed. Mayor Pro Tem Kelley questioned a letter that addressed the riparian rights of the property owners in the County. Assistant City Manager Watenpaugh stated that there had been an issue of the County property owners right to launch and there has been an ongoing dialogue between the State, City and property owners. He explained that the City has agreed by ordinance to approve the County property owners right to launch from their own property even if the water recedes to the point where it is below their property line. Mayor Pro Tem Kelley asked if the City should address their riparian rights for swimming as well. Assistant City Manager Watenpaugh stated that he does not believe that riparian rights were addressed in the swimming ordinance. He noted that giving them the right to swim on private property addresses that issue. City Attorney Harper concurred and explained that actually the language isn't riparian rights and he doesn't know if the legal rights of the County residents have ever been resolved and he does not know if the City's legal position and the County's legal position are the same. He noted that the City has just taken the position, not withstanding any litigation, that they are allowed to launch. Mayor Pro Tem Kelley asked if Section K. Addressed guests as well. Assistant City Manager Watenpaugh stated that anyone off of their private property, that they authorize to swim, would have the right to do so. He noted that if anyone crossed over into City owned property or other private property it might be a different issue. Councilman Alongi commented on the buoy situation and felt that the City should place buoys that mark the 1240' elevation point, however as the water goes down, and the 5 mile must be marked, the buoys should stay in place to identify the property lines. He questioned if the buoys must be removed and replaced as the water goes up and down. He further questioned the marking of buoys with identification numbers to allow the police and rescue to have a firm reference point to provide services, and asked if those buoys could be used for both the 1240' and the ID markers. Assistant City Manager Watenpaugh clarified the question and noted that the City could accommodate that use and explained that the designated marked buoys for public safety could be set on the City's property line. He explained the identification of the numbered buoys. PAGE NINE - CITY COUNCIL MINUTES - JUNE 249 1997 He noted the beach area on Poe next to the City Boat Launch and further noted that there are children and people in the water in the same area as boats are launching or going to and from shore. He stated that he would like to see the City designate a swimming area set aside to prevent boats of any kind from being docked, launched or even near the swimming area. He stated that he feels that this is important for public safety because if a boat is coming in to shore and does not see a child in the water the driver of the boat could hit the child and could cause serious injury. Councilman Metze stated that he had been contacted by some of the property owners from the unincorporated side of the Lake and they did request that Council continue this item to the first City Council Meeting in July to allow them the opportunity to discuss the Ordinance with staff. He noted that there is still fear and distrust of the City and he felt that one meeting with the County property owners might set aside all the fears that they might have. He explained that when the City has worked with the County property owners it has resulted in a very positive reaction from them, and he felt that continuing this item for two weeks would not cause any problems. Mayor Pape stated that he did not receive any requests to address this item and he thought that there might have been more interest shown by property owners both in the City and County. He stated that he felt that the Ordinance presented a good solution to the situation and answers the use of property for swimming. Mayor Pro Tem Kelley stated that she agreed with Councilman Metze since it does help to communicate with the people from the County to answer all their questions and clarify the item. She further stated that otherwise she would like to add the verbiage "to protect riparian rights for launching and swimming as well as for property owners and guests ". She agreed with Councilman Alongi regarding the designated swimming area, however she thought that if there was a designated area, then the City would have to provide lifeguards. Councilman Alongi stated that was not necessary. Councilwoman Brinley stated that she concurred with Councilman Alongi regarding the 1240 marker to designate City property lines and agreed with a designated swimming beach. MOVED BY BRINLEY TO APPROVE ORDINANCE NO. 1031 WITH THE AMENDMENTS REGARDING BUOYS AT 1240' ELEVATION POINT AND A DESIGNATED SWIMMING AREA TO BE PLACED AT A LATER TIME AND GUARANTEEING THE RIPARIAN RIGHTS OF THE COUNTY PROPERTY OWNERS FOR LAUNCHING AND SWIMMING FOR THEMSELVES AND GUESTS. MOTION DIED FOR LACK OF A SECOND. PAGE TEN - CITY COUNCIL MINUTES -JUNE 249;1997 City Attorney Harper stated that there are no riparian rights and the term doesn't apply in these circumstances. He suggested that Councilwoman Brinley does not give something in a form of an ordinance or let them think that they have something which in fact doesn't exist as a matter of law. He explained that the ongoing debate is whether Lake Elsinore is a navigable stream or whether in fact it is a lake or essentially a reservoir and that has been the legal debate between the County and City residents throughout the entire time the State has owned the Lake. He further explained that what "riparian rights" implies is that property lines move with the level of the water and in his opinion that is inapplicable to Lake Elsinore, as is the view of the State of California. City Attorney Harper stated that if Council adopted an ordinance which somehow implied that they had riparian rights, it would create litigation when the Lake went down or up. Mayor Pape asked if there was anything that Council could do other than what has already been addressed to give them any more right to swim on their property. City - Attorney Harper stated that Council cannot deal with the issues of guests because the only way that someone could become a guest is by invitation of the property owner, anyone who isn't a guest is trespassing and the City does not get into the private property trespass issues. He noted that the only reason for the rule related to boat launching is because of the necessity to control the number and locations of access of boats; and if there were not rules concerning boat launching, two things happen: 1) either no boats get launched from that site; 2) or anybody that wants to, can launch from that site. He explained that the rule the City has does not address riparian rights, but rather addresses access to the Lake from the County side. Mayor Pape xs stated that Council wants to make sure that the owners get full use and access from their property. Councilman Alongi stated that he does not want to enter into riparian issues since that is a legal matter, however if they want to swim in the Lake the ordinance is giving them the right to do so. He stated that he feels that this ordinance is adequate and if Council chooses to add to it somewhere down the road then Council can. Councilman Alongi stated that an ordinance takes thirty days to go into effect and by postponing it, is only postponing a problem. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE °FIRST READING OF ORDINANCE NO. 1031 WITH THE AMENDMENTS REGARDING BUOYS AT THE 1240' ELEVATION POINT AND A DESIGNATED SWIMMING AREA TO BE PLACED AT A LATER TIME. ORDINANCE NO. 1031 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 8.40.040 I - PARKS AND BEACHES - RULES AND REGULATIONS AND ADDING 8.40.040 K AND L. ,♦ PAGE ELEVEN - CITY COUNCIL MINUTES - NNE 24 9,1997 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Sponsorship of parks. (F:114.1) Mayor Pape gave an overview of the recent history of the, closure of the parks and stated that this has prompted the community to ask how they can financially support facilities to keep them open. He noted that merchants and organizations on Main Street have expressed interest in providing funding to keep City Park open. He further explained that a group of developers have expressed interest in keeping four parks open and explained the level of service that the different developers are willing to sustain pending the ballot measure in November. He noted that the sponsors have agreed to put up signs to notify the public which persons or developer have sponsored each park. Councilwoman Brinley questioned if the parks will be maintained at 50 %. Mayor Pape indicated that those details are still being worked out. - Councilman Alongi asked how much Abaccy was willing to contribute to Summerhill Park. Mayor Pape stated that they were going to contribute enough to maintain the park at the level required by the SCJPIA. Councilman Alongi confirmed that the City would be cutting the service to the park by Mayor Pape confirmed. Councilman Alongi addressed the Main Street Park and noted that Pat Lovitt, President of the Downtown Business Association held a meeting and the DBA made a decision to contribute $4,000 to the Main Street Park to keep it open for the residents of the Downtown area, which are in the low income bracket and use the park for birthday parties and weddings. He stated that he has also received a pledge from Mr. Pete Vasquez of $1,000 for the Main Street Park. He stated that he has talked with Larry Regis from the Chamber of Commerce and addressed the $6,000 that was given to the Chamber that was supposed to be used to promote the Downtown. He noted that he has questioned Larry Regis about the funds and had asked if there was any of the money left. He fii Cher noted that at this time he has not had an answer, however he hopes that there is at least $1,000 available for the parks. He then presented the Mayor with a check for $4,000 from the DBA and stated that the other funds will be presented later. He explained that this will be approximately 50% of the cost of Main Street Park and if the Chamber PAGE TWELVE - CITY COUNCIL MINUTES - JUNE 24,1997.: comes up with any funds that originally came from the DBA, then that will be that much more for support for the park. Mayor Pape stated that according to staff, the developers will move on this effort as soon as Council approves this item. Councilman Alongi stated that whether the Developers are ready to move forward or not, the citizens are ready to move forward for Main Street Park and that is the point. He further stated that each park can stand on its own. Mayor Pape asked the City Attorney if it was appropriate to accept the DBA funds. City Attorney Harper stated that the Business Improvement District is, by statute established to improve the Downtown Business Area and the question at hand is whether the maintenance of the Park is an improvement to the Downtown Businesses and meet the statute. Councilman Alongi stated that closing the Park would be a detriment and the opening of the Park would be an enhancement. City Attorney Harper stated that the statute is pretty specific as to what the funds can be used for. Councilman Alongi stated that is why the fimds are being donated. City Attorney Harper stated that if Council desires he will render a formal opinion whether it is an appropriate use of funds. He explained that without knowing more about how the money would be spent and the impact it has on the downtown area the City might not be able to accept the funds. Councilman Metze suggested that the City accept the check, but not touch any of the funds until an agreement is signed. Councilman Alongi stated that an agreement is not necessary since it is money that was collected in taxes from the Downtown Businesses in the BID District and there is no restriction in regard to the expenditure of funds as long as it is an improvement of the Downtown area. He noted that this is money that the DBA has that they would like to contribute to keep the park open and Mr. Vasquez will still maintain City Park as per his agreement with the City along with his $1,000 donation. He noted that the Council should not start poking people in the eye over where the money comes from since it is honestly earned money and is for improvement to the Downtown. section of Lake Elsinore. Mayor Pape stated that he did not feel that anyone would disagree with Councilman Alongi because everyone would like to see the parks open with any donations available, however the only question is whether the City could accept funds that are legally given. He indicated that if the Council can accept the money, bet they would. City Attorney Harper stated that if Council feels comfortable with the fact that the funds will be used to improve the Downtown Business Area, then the acceptance of the funds is permissible. Mayor Pape stated that the City would then accept the funds and add it to the Downtown Park Funds. Councilman Metze asked if the parks were going to be addressed on a case by case basis. Mayor Pape stated that they would and explained that each developer is going to want to address the park where they have a specific interest. Councilman Metze expressed concern with liability and stressed that the City must carefully watch this. He asked if minimum level meant that sports are still out. Mayor Pape stated that the developers are aware that the parks must be maintained to an acceptable level per the JPIA criteria. He explained that the JPIA will PAGE THIRTEEN - CITY COUNCIL MINUTES - JUNE 249 1997 be sending a representative to go over the parks and provide an evaluation. Councilman Alongi stated that the main use and interest in the parks is to give people the ability to play ball or soccer and if it means that the City must chain the play equipment then so be it to reduce the liability. Councilwoman Brinley questioned the acceptance of the check from the DBA. Mayor Pape stated that if Council moves to accept donations, then the City could accept the check. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAFF TO FORMULATE AND IMPLEMENT SPONSORSHIP STANDARDS FOR THE MAINTENANCE AND OPERATIONS OF THE PARKS THROUGH SPONSORSHIP FUNDS IN CORRELATION WITH THE JPIA AND CITY ATTORNEY REQUIREMENTS TO LIMIT OR ELIMINATE ANY LIABILITY CONCERNS. ITEMS PULLED FROM THE CONSENT CALENDAR 6. Award of Contract For Lakeshore Drive Widening - Main Street to 600 Feet, Beyond Entrance to Lakepoint Park. (F:156.2) Councilman Alongi asked that this be pulled so he could abstain from the vote. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY A 4 TO 0 VOTE WITH ALONGI ABSTAINING TO AWARD THE CONTRACT FOR THE LAKESHORE DRIVE WIDENING TO LAIRD CONSTRUCTION COMPANY IN THE AMOUNT OF $1589565. 7. Resolutions Confirming F/Y 1997 -98 Special Taxes for: (F:22.3) CFD 91 -2 (Summerhill Public Improvements) CFD 88 -3 (West Lake Elsinore Public Improvements 3- phases) CFD 90 -3 (North Lake Elsinore Hills Public Improvements) CFD 95 -1 (Lake Elsinore City Center Public Improvements) 8. Resolutions Confirming F/Y 1997 -98 Special Assessments - AD 87 -2 AD 89 -1, AD 86 -1, AD 90 -1A & AD 93 -1. (F:22.3) Councilman Alongi stated that he felt that the public should be made aware of what Item Nos. 7 and 8 are about. He asked Administrative Services Director Boone to explain these items. Administrative Services Director Boone explained that these are the annual resolutions to the County to place a special tax for debt service on the property taxes for next year's tax list. He noted that it is the 6th year for some and the 4th year for others. Councilman Alongi asked if Council was voting on any additional taxes. Administrative Services Director Boone PAGE FOURTEEN - CITY COUNCIL MINUTES JUNE 24, 1997 _. stated that they were not as the taxes had previously been set. City Attorney Harper stated that Council does not have any choice but to take the action proposed. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE ITEM NOS. 7 & 8 AND ADOPT RESOLUTION NOS. 97 -34, 97 -359 97 -369 97-37,97-389 97 -39, 97 -40, 97 -419 & 97 -42. RESOLUTION NO. 97 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES (CFD 91 -2 - SUMMERHILL PUBLIC IMPROVEMENTS). RESOLUTION NO. 97 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES (CFD 88 -3 - WEST LAKE ELSINORE PUBLIC IMPROVEMENTS). RESOLUTION NO. 97 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES (CFD 90 -3 NORTH LAKE ELSINORE PUBLIC IMPROVEMENTS). RESOLUTION NO. 97 -37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES (CFD 95 -1- LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS). PAGE FIFTEEN - CITY COUNCIL MINUTES - NNE 24, 1997 RESOLUTION NO. 97-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES (AD 87 -2 - SHOPPERS SQUARE). RESOLUTION NO. 97 -39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES (AD 89 -1- SUMMERHILL BRIDGE IMPROVEMENTS). RESOLUTION NO. 97-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES (AD 86 -1- NORTHWEST SEWER DISTRICT). RESOLUTION NO. 97 -41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES (AD 90 -1A - SUMMERHILL PUBLIC IMPROVEMENTS). RESOLUTION NO. 97-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE. SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES (AD 93 -1- COTTONWOOD HILLS PUBLIC IMPROVEMENTS). 9. Business License Ratification - Ballot Measure. (F:72.2) (X:32.1) Councilman Alongi stated his objection to placing this item on the ballot in November. He stated that there is enough going before the voters and he felt PAGE SIXTEEN CITY COUNCIL MINUTES - JUNE 24, 1997 that to increase the business license tax would only pass the cost on to the consumer and he felt that this would be a mistake. He noted that this could be addressed at a later date and not confuse the issue with the parks, Senior Center and job retention. Administrative Services Director Boone stated that Proposition 218 called for this action. Councilman Alongi stated that if Council wished to place the Business Licenses back to the previous level, then Council does not need to vote on this issue. He explained that there are going to be enough decisions for the voting public to make and he felt that this would further confuse the issues. He explained that he does not feel that the public will understand this issue and noted that what they will be asked to do is ratify an action that the Council has already approved and they will not understand this action. He stated that in his opinion it would be foolish to place this item on the ballot. Administrative Services Boone explained that this was a legislative action and that it needed to be addressed within 2 years. City Attorney Harper clarified that this is not only Proposition 218, but also the constitutional amendment prior to Proposition 218 resulting from the Santa Clara Decision and affected business license taxes and explained that it must be addressed. City Manager Molendyk explained that this was slated to go on the ballot, since if the City looses the funds at a time when the City is trying to maintain revenue to'provide services, it could mean an additional $100,000 that will have to be cut in 1997/98 if it is not ratified by law. Councilmember Alongi stated that if Council did not take this to election, then the figure for Business Licenses would revert to the previous amount, and the only reason why we would take it to election is to confirm what has been done. He stated that he felt that the Council was going to the public with too many tax issues to determine and if someone, even himself, goes into a booth and the first issue he sees is on Parks and he likes it then he would vote yes on that issue alone and no on all the others. He indicated he does not want to see that happen to this issue and felt that it would better serve the City to bring it to the voters later. City Manager Molendyk stated that the people of California voted Proposition 218 in as how they wish to do business and they are trying to take politics out of it and place these things on a ballot, much like a shopping list. Councilman Alongi stated that it only goes on the ballot if the City wishes to increase the amount, and if the City goes back to the original Business License Tax before the increase took place, then it does not have to go on the ballot. He noted that the City might loose $100,000 now, but might gain a lot more down the road by not doing this. He explained that the voters are not going to be looking at this as ratifying what has already been in place, but rather as something that the City is trying to raise and they will vote no. He noted that the City needs the votes for the parks and he felt that putting all these tax measures together will cause the City to loose them all. City Manager Molendyk stated that his recommendation is to try and hold on to what the City has because it will be very tough to get any future revenues to provide services. Mayor Pape stated that he believes that people are smart enough to make a decision on more than one item at a time and Proposition 218 is all about allowing people the right to vote on taxes. He stated that he does not see a problem with allowing this item to go to the ballot. PAGE SEVENTEEN - CITY COUNCIL MINUTES - JUNE 24, 1997 City Attorney Harper explained that Proposition 218 deals with property based taxes and that is not what Council is dealing with. He explained that 218 did two things: He addressed the requirement for a 2 /3rds vote on all property based taxes, and reconfirmed the law that requires a majority vote on any other taxes. He noted that this issue is one of those "any other taxes ". He further explained that the language is the mere imposition of the general tax is sufficient. He stated that this addresses any tax that the City extended or imposed after January 1, 1995, and has to be approved by a majority of the voters. City Attorney Harper noted that the only debate is when Council is going to do it, however it must be done whether it is increased or remains the same. Councilman Metze asked if we would loose all the fees from Business License. City Attorney Harper confirmed that any tax that was imposed after January 1, 1995 must go to a vote of the people or the income will be lost. Mayor Pro Tern Kelley asked how long we have to make this issues effective. City Attorney Harper stated that Council has two years past the time the law went into effect which was January 1, 1997 and that means that the issue will have to go to the vote by January 1, 1999. Councilwoman Kelley requested confirmation that the City can go forward with the current Business License . tax until 1999. City Attorney Harper stated that the difficulty is that it is required to be done at a regularly scheduled General Election. There was general discussion regarding November, 1998. City Attorney Harper explained that November, 1998, is not a regularly scheduled General Election and November, 1997, is the next General Election. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION 97 -43 APPROVING THE BALLOT MEASURE AND CALLING FOR THE RATIFICATION OF THE BUSINESS LICENSE INCREASE. RESOLUTION NO. 97-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSOLIDATING A BALLOT MEASURE WITH THE HOLDING OF A GENERAL,, MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 19979 FOR SUBMISSION TO THEN QUALIFIED ELECTORS OF SAID CITY RELATING TO THE RATIFICATION OF A GENERAL BUSINESS LICENSE INCREASE EFFECTIVE JULY 159 1995. 10. Settlement of Palmer V City of Lake Elsinore (F:52.2) Councilman Alongi asked where the $30,000 for this settlement was coming from. City Manager Molendyk stated that the funds would come from the General Fund Reserve since it is one of those emergencies that comes up. He stated that it is the recommendation of the City Attorney to settle for $30,000 and that is the only available source since the City did not budget for this item. Mayor Pro Tern Kelley asked the City Manager to state the original . y . PAGE EIGHTEEN CITY COUNCIL MINUTES - JUNE 24, -1997, - amount that the suit was filed for. City Manager Molendyk stated that the original amount was $8 Million and City Attorney Harper stated that the last settlement offer was approximately $1.3 million. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE A BUDGET ADJUSTMENT IN THE AMOUNT OF $30,000 TO THE GENERAL FUND RESERVE AND DIRECT STAFF TO PREPARE AND SEND A SETTLEMENT DRAFT IN THIS AMOUNT PAYABLE TO ERVIN S. PALMER AND CAROL E. PALMER. 11. Set Public Hearin for or July 8. 1997 for General Plan Amendment 97 -2. (F:83.2) Councilman Metze stated that he wanted to inform the public that this was for an Albertson Market in the four corners area. Mayor Pape stated that this project sounds good so far and fills a need for a desperately needed market on the West End. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE SETTING A PUBLIC HEARING FOR JULY 8, 19979 FOR GENERAL PLAN AMENDMENT 97 -2. CITY COUNCIL RECESSED TO THE REDEVELOPMENT AGENCY MEETING AT 8:24 P.M. CITY COUNCIL RECONVENED AT 8:26 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Edith Stafford, 54 Elm - Street, stated her concern regarding the Council looking to the taxpayers for a bail out and further stated that she felt that the - City has not solved the problem which created this condition. She cited the warrant list and money that was given to the Redevelopment Agency from the General Fund and she felt that this was not legal. She asked why Council would ask for more tax dollars when they are not managing the money that they already have and that is the real reason why the parks had to be closed. She demanded that Council put money back into the Redevelopment Agency Fund and then the City can open up the parks. She stated that she was going to expose Council for their wrong actions and commented that Council had violated the law by using General Fund money for the Redevelopment Agency. She stated that Council is influencing the Task Force Committee and she is going to expose that as well. Chris McColley, 29072 Palm View, thanked Council for continuing Item 32 for further discussion. She wished good luck to City Manager Molendyk and City Attorney Harper. She noted that from a citizens perspective Mr. PAGE NINETEEN - CITY COUNCIL MINUTES -;JUNE 249 1997 Molendyk and Mr. Harper have been very responsive to the community's needs and thanked both for their cooperation and assistance. Dale Hite, 115 N. Kellogg, stated that ever since the election on Measure BB, he has prayed for America. He stated that this issue was not a vote to keep the parks open or a vote to fight against unfair taxes. He gave a definition of a good father and stated his anger over the signs at the parks and the feeling that the public was forced by Council to vote for parks. He commented on the different issues and that he doesn't understand the finances of the City and asked that the parks be kept open. Ron Dean, addressed the fact that he has been trying to gain use of the Stadium for his football team and noted that the City is now considering allowing a team from Santa Clarita to come in and use the Stadium. He explained that he has made proposals to the City and stated that he would give 50% of his gate fees for the parks if he is allowed to play in the Lake Elsinore Diamond. He addressed the problems that he has experienced and stated that the income from his revenue that he would donate and keep at least 3 of the parks open. John Seep, 15631 Half Moon Drive, concurred with Dale Hite's comments, and commended the City for recognizing the Amateur Radio Operators. He asked Council to allow the people to vote solely on the Parks and thanked the DBA for their donation to the parks. He gave an overview of the founding of United States and read the Preamble to the Constitution., James Ray, noted that the Democrats know how to spend the tax payers money which is unacceptable to the public and asked that the City not make the same mistake. He noted that we should increase our tax base the natural way, through positive growth and by learning to discipline our spending. He stated that Measure BB was defeated because it did not resolve the problem because it was a tax with too much pork in it and would allow the Council to continue bad spending habits. He stated that the whole community needs to work together to fix the problem and explained that attacking Councilman Alongi only puts a wedge between the different factions. He stated that he was not in favor of any new tax and suggested with disciplined spending and growth, our taxes in five years will support the City. He criticized the City's spending on the Diamond Stadium. He detailed his bail -out plan and stated ..; that the closures of the parks are Council's fault and not the failure of Measure BB. Dick Knapp, City Treasurer, questioned the City Attorney as to where the grant deed to the Stadium is. He asked where the reconveyance is on the $10,000,000 that the City paid. He stated that it has been 4 months since he brought this matter up and he is still waiting for resolution. He stated that he would like to see this matter resolved before the City Attorney leaves. He gave an overview of the finances of the City and stated that he felt that there was money to keep the parks open. 1 410 PAGE TWENTY -'CITY COUNCIL MINUTES -.JUNE 249 1997 Bill Tucker, read the Notice of Intent to recall Councilwoman Brinley which was served prior to the Council Meeting. Joyce Hohenadl, Chairwoman of the Citizens Task Force on Revenue and Services, thanked Council for giving the Task Force extra time to address the new tax measures and allow them the opportunity to give the voters the best possible choices in a menu format. She thanked the developers for their efforts prior to the November election. Jack McColley, 29072 Palm View, commented on a Letter to the Editor which addressed an election party held at the Las Palmas Restaurant. He stated that the person who wrote this was misinformed and explained that the group that gathered at the Restaurant were a very special group of volunteers who paid for their own food and beverages and choose to gather to track the election results. He thanked Mr. Jimmy Flores for allowing the volunteers to gather at his restaurant. Chris Hyland, 15191 Wavecrest Drive, stated that Mayor Pro Tern Kelley has been served with a Notice of Intent to circulate a Recall Petition and read the Intent. She stated that she has been called a liar by Mr. McColley and she wishes to state that he is the Liar. Nita Van Heist, 33146 Shoreline Drive, asked where the proof was that the $10,000,000 was spent to payoff the stadium. She explained that she was assured that City Attorney Harper would acquire the Grant Deed to the Stadium before he leaves his position with the City and this is four years after the fact. She stated that in February, 1997, the City Council authorized the sale of bonds of which $10,000,000 was to pay off the debt on the Stadium and there is no Grant Deed or a Deed of Reconveyance. She stated that without proof of this transaction, one can only conclude that $10,000,000 is missing and she asked for this problem to be resolved. Bruce Holland, 1166 Lake Vista, questioned risk management and noted that he is tried of hearing about the Stadium and Wal -Mart. He noted that what has to be in our future is a guidance from the City Council. He commented that he objects to the public hearing negatives, lies and people creating descent at the Council Meetings. He explained that Proposition 218 is a fact and noted that San Clemente is closing their parks on July 1 st, and that is a large city. He asked that people research facts and not listen to the garbage. Mr. Holland stated that he does not have a problem with listening to opposing views and the people that voted on Measure BB are not liberals. He stated that he would gladly mow lawns to help and if someone is not positive regarding the community they should pack their bags and leave. He addressed the Outlet Center and the fact that the City assisted in paying for the infrastructure, and stated that a lot of cities do the same thing to bring business into the community and if there is no business in the community then the citizens will be paying for all of the debt and there will be no growth. He noted that without commercial sales tax there will be no progress PAGE TWENTY ONE - CITY COUNCIL MINUTES - JUNE 249 1997 financially for the City and the tab will have to be picked up by the homeowners. Business is vital to the community. He noted that if it is necessary to pay a little to get a lot in the long run, then so be it. Son -In -Law of Ray Hull, addressed Council and the audience in honor of his Father In Law, Ray Hull and gave a background of Former Mayor Halls life. He stated that Former Mayor Hull was proud and pleased with the progress of the City and was proud of the community's achievements. He stated that Former Mayor Hull passed away on June 7, 1997. He thanked the Mayor and City Council for allowing him the opportunity to publicly remember his Father -In -Law and honor his memory as Past Mayor of the City of Lake Elsinore. CITY MANAGER COMMENTS City Manager Molendyk commented on the following: 1. Encouraged people that were at the Council Meeting for the first time to go and meet with the Finance Director or one of his staff to look at the operating budget and notice that for the last couple of years it has been $10 million and next year it will be $7.2 million. He noted that part of the problem is with the laws that are passed on the State level that give no time to cities to prepare and implement changes. He explained that the intent of the law is good, but does not provide enough time for cities to transition. City Manager Molendyk explained that you can't loose as much revenue as this City has lost in the last four years and still provide the same level of service. He asked the people who addressed Council in regard to funding for the City, when the last time was that they spoke to the County Controller or their State Legislators in regard to lost funds that should have been generated to the City for services. He stated that the $700,000 the State kept would support the parks, and the public cannot always blame the local official since the responsibility goes beyond that level. He pointed out that there are other impacts that have impacted the budget revenue and brought the City to where it is. He asked that at the same time the public is challenging the Council he would ask that.* they challenge their County Supervisor and other State elected officials that have had more impact on our budget in the last three years than this Council- has. He noted that he has been with the City a long time and the self proclaimed experts have worked a long time to discredit the Council and members of staff to say that the City is broke. He asked those same people; -if the City is broke, how can the City come up with money to provide services. He noted that the same people are now saying reach into this or that fund which would buy approximately nine months to support the services and even if staff could do that, at the end of that time the City is broke again and does not accomplish anything. City Manager Molendyk stated that for all the prospective candidates, when you get on Council you will find out what staff has said is true. He concurred with Mr. Holland to advise the public to take the time to research and make up their own minds. a ,r PAGE TWENTY TWO - CITY COUNCIL MINUTES - JUNE 24, 1997 , 2. Responded to a question from Council regarding the RDA and explained that funds have been transferred to meet debt service and contractual requirements. He explained that there is nothing illegal about that action and at the same time the City has legal obligations just like any corporation that we have to meet. He stated that the City Attorney would agree that it would be a lot more expensive if the City did not meet it's contractual obligations through lawsuits and settlements. He thanked the community and noted the population growth and outlined some of the major improvements in the community. He stated that looking back there has been a lot of progress and unfortunately all the public hears is the negative stuff and that is not fair. He thanked all the Councilmembers he has worked with through the years and noted that he has learned from all of them. He thanked the Planning Commissioners as well. He commented that 13 years ago the City of Lake Elsinore had a national record for trash and abandoned cars and through the efforts of Council and staff throughout the last 13 years that has been changed completely. He stated that if the public compares the accomplishments of a small staff of 33 serving 27,000 people to other cities with similar populations, he felt that our staff has done a superior job. He noted the stability of staff since he has been with the City and explained that this allows the citizens to receive better service. He asked the public to support staff through this rough period. 4. Thanked the positive community leaders that worked for the betterment of the community and encouraged further community leadership. ,�,5. Reflected that when he started in government a community activist was a positive person who wanted to work to better the community. He further noted that in past politics when different groups did not agree, they still worked toward the betterment of the community and they compromised. He noted that this is something that needs to be exercised in this City. He stated that he sees a new group in the City who is a "Their Way or No Way" type of group and noted that a community process is supposes to come up with a solution that works for everyone. 6. He stated that he has stayed with the City for the last 13 years because he really fells that it has a bright potential future. He explained that the way to get out the problems that the City is experiencing is through Economic Development, but the important thing that goes along with that is image. He 4 noted that if the community doesn't have a positive image, no one will come here and invest in businesses. He noted that tonight most people did not address a positive image, but rather what was wrong with the community. He stated that this is just like telling your child that they are not good, then he has a poor image of himself and that is what is happening to the City. City Manager Molendyk explained that for the last ten years the City has worked at improving it's image and in the last year we have been sliding backwards over the petty junk. -He stated that each individual should not take the word PAGE TWENTY THREE CITY COUNCIL MINUTES - JUNE 249 1997 - of someone who comes up to the mike at a Council Meeting, but rather research the issue and make up your own mind. 7. Wished Mr. Watenpaugh and the staff a challenging future since no two days are the same. 8. Noted that in his years of service he has been involved in the development of a lot of parks that he is very proud of and the ones in Lake Elsinore. He further noted that Parks add pride to a community and he encouraged the voters to get out in November and take a good look at the selections for services that are being offered and help to solve the problem. 9. Closed his comments by quoting the following: I shall pass through this world but once; if therefore there be any kindness I can show; or any good thing that I can do; let me do it now; let me not defer or neglect it; for I shall not pass this way again. CITY COUNCIL COMMENTS Councilman Metze commented on the following: 1. Commented on the letters regarding the Council Meetings on T.V. and explained that tabling an item means that essentially it goes away and thanked Ailene DeJong for her letter and all the other people as well. He stated that the Council Meetings will remain on T.V. 2. Acknowledged Mrs. Risk's letter and stated that he is working on a formal response. 3. Wished City Attorney and City Manager Molendyk the best. 4. He noted all the accusations with nothing to back them up. He stated that all the fancy political buzz words have nothing to back up these things. He ;4, asked the public if they thought that the Council had $5 million, why would they close the parks down; and noted that this does not make sense. He stated that all of these ideas are crazy. He stated that the money is to pay debt service and if Council did not, then there would be a lot less money and- there would be even less service. ,ft:. 5. Noted that six years ago the City had a $12 million budget with a 6% growth rate and now we are down to an $8 million budget and will be reduced next >. year. He stated that the State of California is taking away the money. He encouraged the public to call their State Senator and State Assemblyman to complain about the lack of funds to the City. He noted that there are several things that the City is doing through the League of California Cities and California Contract Cities to try and get the State to give back the money to the cities and asked that they asked their State representatives to support the cities' efforts. He explained that Measure BB was about quality of Life s PAGE TWENTY FOUR - CITY COUNCIL:MINUTES -.JUNE 24,- 1997. and that is why we had to have Measure BB due to a $4 million loss in the budget. He explained Council's position regarding the new ballot measure and stated that they can't please everyone. 6. He stated that Mr. Dean was welcome to play football at the Stadium as long as he follows the simple process which is the application, meeting all the conditions and payment of fees. He noted that the other team that is playing has filled out the application, met the conditions, paid their fees and it is as simple as that. He explained that the City rents the Stadium to anyone that wants to rent it. Councilman Alongi commented on the following: Invited Mr. Holland to debate him on his T.V. show and commented that they would see who's wrong. 2. Stated that he felt that the Committee should be sent home due to their ineffectiveness caused by pointing their fingers at those who voted against Measure BB. He stated that no matter what they come up with they will not overcome the animosity they have caused. He explained that you can't get peoples support by calling them names; calling them negative; just because they don't agree. He asked what happened to democracy in this Country. He noted that a decision is based on what the person thinks is right or wrong and not what someone else thinks. 4 3. He stated that this is the Council elected by the citizens of the City of Lake Elsinore and they should have the right to say what should go to the voter for a decision. Therefore, if something goes wrong, Council is to blame and not some citizens committee. He stated that he felt that it was a cop out for the Council to appoint a commmittee to do their job. 4. Addressed the R.D.A. and stated that they are broke. He explained that Council takes tax dollars from the General Fund and pays the R.D.A. deficit. He noted the difference between the R.D.A. and the General Fund. He noted that cutting service to the parks by 50% would amount to $325,000 to keep the parks open and the City has yet to meet with the insurance company to address this issue. He stated that what he felt was that the insurance company would not care how we watered or mowed, but rather the danger if the apparatuses in the park are not maintained. 5. Addressed the General Fund Reserves and stated that money could be used from it. He noted money used from the General Fund to pay other peoples debt to maintain the City's credit rating; money used to pay a claim; money given to the Chamber of Commerce. He stated that what makes him angry is that the Council will go to the reserves for anything other than Community Services. He stated that whether he agrees with Measure BB or not is not what is important, what is important is the parks and this can be done with money from the reserves until November. PAGE TWENTY FIVE - CITY COUNCIL MINUTES JUNE 24, 1997 6. Questioned the proposed ballot measure and the $300,000 which is for restoration of the parks. He asked where this money will come from. He explained that if the citizens vote on this in November, it will be 18 months before the City gets the money from the assessment. 7. Addressed Mr. Gray and stated that there is such an animal as a conservative Democrat and that he is one of them. He noted that he is as conservative as any Republican, however there are some very liberal Republicans out there as well. He noted that only half of the committee is made up of conservative Republicans and they are the ones suggesting how we should spend the tax dollars. 8. Stated that the Sun Tribune is misleading the public about what he says and does. He read the article from the paper and clarified what was actually said and clarified his statements. He noted that there is money in the City if Council is willing to cut the overhead and do without in other areas. He stated that the theater, ball park and Lake are the cause of the parks not being open, not the State and not the County although they contributed. 9. Stressed the need to approach the public with the right menu to keep the parks open and assure the quality of life for the population of the City. He stressed that there needs to be cooperation between all sides to come to an agreement that will accomplish what is needed. 10. Thanked the City Manager for his 13 years of service in the Community and - he does appreciate him. He thanked the City Attorney and wished both the - City Attorney and City Manager the best. 11. Noted that the Colmcil has a tough decision upcoming with regard to refinancing the CFD's, and he stated that it is a difficult issue and complicated at best. He stated that putting aside the differences on Council, all of Council is working hard to put together with the experts a bond issue that the community can live with. He stated that he does not agree with building more houses since there is a low tax ratio with housing and he would be more aggressive in economic development in gaining more industry which would provide more taxes to provide services. 12. Announced that he will be on the air Thursday at 7:00 p.m. Councilwoman Brinley commented on the following: 1. Thanked Mr. Hull's Son -rn -Law for coming tonight and sharing. She offered Council's sympathy on the passing of Mr. Hull. She recognized his service to the community. 2. She noted that Measure BB is a dead issue and noted efforts on a new Measure to come forward. She clarified some of the issues that were brought forward at the podium and noted that the funds from Measure BB were PAGE TWENTY SIX - CITY COUNCIL MINUTES - JUNE 241,1997 earmarked and it was promised that the community would receive a statement each year to show how the money was spent. She stated that this condition should also be included in the next measure. She noted that Ortega Trails, Murrieta, San Clemente and other cities are faced with the same situation and will have to close their parks as well. She explained that Proposition 218 was passed because the people of California who wanted to have a voice in their city governments as to how their taxes were spent. Councilwoman Brinley stated that it was the responsibility of the Task Force and the Council to present a menu to the voter to allow them to choose the public services that they wish to have and the menu was not acceptable. She explained that now, the Task Force and the Council are working on a new menu to give the voter a broader opportunity to pick. She commended the Task Force and explained that they volunteered their time to help their City. 3. Thanked the developers who have stepped forward to assist in saving some of the parks in the City. She stated that she wished that the City had the money to have the parks fully operational. She noted that no Councilmember would willingly commit political suicide by closing the parks and recklessly spending the money on something else. She stated that the money is just not there. 4. She explained that when she was in Sacramento this week the legislators know that they took money from the City regarding the Lake, however they had to meet the needs of the State and now the Counties are feeling the pinch. She concurred with Councilman Metze that all the citizens of the City should write their State Senators and Assemblymen to appeal the City's position with regard to funding using the same energy and effort that they apply to addressing Council. 5. Addressed the new Fire Station and stated that after the last Town Hall Meeting, the consensus was that they didn't want a Fire Station where the City had planned to locate and outfit. She stated that the entire community needs to pull together instead of apart, to create a better community. 6. Stated that perhaps pervious Council's have made decisions that were not best for the City, however hindsight is 20/20 and now this Council is in the position of making the hard decisions. She stated that they have hired professionals to guide this Council through this hard time. 7. She commented on Councilman Alongi's comment about controlling votes and stated that she does not feel that anyone control the voters of this community. She commented that she feels that the voters have the knowledge and intelligence to vote the way there want to vote. She asked that the voters seek the facts and ask questions to better decide what they want to see for their City. PAGE TWENTY SEVEN CITY COUNCIL MINUTES JUNE 24, 1997 8. Stated that she has enjoyed working with City Manager Molendyk and feels that he has done an excellent job with the community. She stated her appreciation for the extra time and effort given to the community by always being on call and being available to Council. She stated that he is a City Manager that this City can be proud of She wished City Attorney the best and hoped that he has come to love Lake Elsinore as much as she does. Mayor Pro Tent Kelley commented on the following: Oil 3 Announced that the County of Riverside has awarded a contract for the operation of the library and will be the first private firm to operate a public library in the nation and will go into effect July 1st. They will be opening the Lake Elsinore branch on Saturday mornings on September 1st. She stated that this is good news for Lake Elsinore. Thanked the businesses, citizens and developers for stepping forward to offer solutions for the parks. Extended sympathy to the Otway family for the loss for Hank Otway. 4. Wished City Attorney Harper the best of luck with his family and Wished City Manager Molendyk well and commended both of them for a job well done. She stated that they would be missed. Mayor Pape commented on the following: Thanked City Manager Molendyk and City Attorney Harper on behalf of the City and commended them for their service and professionalism. 2. Noted that to use the Diamond Stadium it is as simple as filling out the forms, bringing in the check and picking the dates. Stated that it is time to move forward. The election is over and most of the people agreed on the issue, but not enough to get the Measure passed and it is time to move on. He stated that there is another election in November and the Council is responsible for making the final decisions as to 'what the ballot, however he does appreciate the efforts of the Task F,.r ^e and ±i ei ° input. He stated that it is very destructive to start pointing I g rs, r ame calling and that it is extremely disturbing to see people pr.� mu�ln�rmat c.. and mislead people toward their own personal goals and ber.•"s. " He notl,c` the other cities and agencies who are experiencing the same He stated that the City can work its way out of this situation, but is is going to take unity. He further noted the revenue reduction and the results of that situation. Mayor Pape explained that the Task Force was not trying to raise taxes, but rather they were trying to restore the revenue PAGE TWENTY EIGHT - CITY COUNCIL MINUTES - JUNE 249 1997 the City loss which was taken by the State, and restore a quality of life that they thought the citizens would wish to have. Mayor Pape stated that not every single person in the City is going to be pleased and noted that he has had several conversations with people and every one of them has a different idea. He stated that it is terrible to go by the parks and see the fences, and asked that people consider thanking the developers and business people who are willing to help. He further encouraged people to contribute and work toward a positive Lake Elsinore. 4. Announced that the City was successful in getting an AB 926 through the Senate Natural Resources and Wildlife Committee. He noted that the next stop is the Senate Appropriations Committee which is another difficult hurdle. He noted that it has already gone through the Assembly process, but now has to go through the same hurdles at the Senate level. He explained that Council will keep working to try and obtain some funds to help with water quality in the Lake. COUNCIL RECESSED TO CLOSED SESSION TO CONSIDER A PERSONNEL ISSUE WHICH IS THE CITY ATTORNEY'S CONTRACT AT 10:45 P.M. COUNCIL RECONVENED WITH NO ACTION TAKEN AT 11 :15 P.M. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 11:16 P.M. W. PIAVE, MAYOR ATTEST: t7 CKI KASAD, CITY CLERK MINUTES .......... . REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 89 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:08 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Kelley. INVOCATION The Invocation was provided by Pastor Jim Hilbrandt representing Elsinore Christian Center. us"W o" PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, Assistant to the City Manager Best, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS h.i- PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Items Nos. 3, 215 33, 37 CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and U PAGE TWO - CITY COUNCIL MINUTES - JULY 89 1997 consideration: Item No. 3. Councilman Metze indicated that he would be abstaining from vote on item Lb. MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special City Council Meeting - June 3, 1997 - 9:05 a.m. b. Special City Council Meeting - June 3, 1997 - 1:03 p.m. (Councilman Metze abstained from vote on this item due this absence from the meeting.) C. Regular City Council Meeting - June 10, 1997. (FA4.4) 2. Ratified Warrant List for June 30, 1997. (F:12.3) 4. Rejected and referred to Claims Administrator for handling the Claims Against the City submitted by The Gas Company (CL#97 -15), Barry B. Wilson (CL#97 -16) and William K. Watkins (CL #97 -17). (F:52.2) 5. Approved Cancellation of July 22, 1997 City Council Meeting. (F:44.1) 6. Approved Riverside County Contract regarding the Collection of Special Taxes and Assessments. (F:68. 1)(X: 140.2) 7. Adopted Resolution No. 97 -50 - Setting Appropriations Limit for Fiscal Year 1997 -98 (Proposition 4). (F:30.1) RESOLUTION NO. 97-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1997 -98 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE OF THE CALIFORNIA GOVERNMENT CODE. PUBLIC ' 21. General Plan Amendment No. 97-2 and Commercial FWject No. C 97-5, z PAGE THREE - CITY COUNCIL MINUTES - JULY 85 1997 Albertsons Supermarket at 30901 Riverside Drive - Resolution No. 97 -51. (F:83.2)(X:58.2) Community Development Director Leslie highlighted the proposed Albertson's project. He showed a site plan for the project, detailing the location of the site, the Planning Commission's consideration and past discussions with the applicant. He noted concerns for access to the site, particularly on Riverside Drive, which will include a traffic signal interconnected to the signal at Four Corners. He further noted that this has been reviewed by Caltrans and their initial comments support the driveway and signal at the location on Riverside Drive with a warning beacon further up the hill to the east. He explained that the other access would be from Lakeshore Drive between the existing restaurants through an existing easement reserved for this parcel for access. He further explained the concerns by staff and the Planning Commission regarding the access and noted that the Planning Commission placed a condition on the project that Albertson's and staff will continue to work with the restaurants for a better layout of this access. He indicated that as of this date, the applicant believes they have a plan to resolve the issues. He further indicated that the other issues where relative to architecture of the building particularly the side elevations from Lakeshore Drive and the Country Club Heights areas. He presented the proposed elevations and showed the efforts to soften the visible views; and indicated that the balance of the architecture ise somewhat in theme with the area utilizing a nautical or cape code theme. He commented that they have added cart storage on the front of the building out of the overall view. Scott Thayer, Real Estate Manager for Albertsons, 1180 W. Lambert, Brea, noted that they have been working with City staff for quite a few months and striving to identify the particular elements of this site. He also noted the existing Albertson's on the south end of the City and looked forward to another on the north end. He indicated that no assistance is needed from the City; but their cost will be approximately $8 million and they will employ approximately 100 people. He informed the Council that the project architect Tom Courtney, and Traffic Engineer John Kain were present to respond to questions. He noted that there had been some redrawing of the site and requested an opportunity for Tom Courtney to discuss the changes. Mayor Pape opened the Public Hearing at 7:21 p.m., asking those persons interested in this item to speak. The following people spoke: Chris Hyland, 15191 Wavecrest, indicated that she thinks another store on the West end is needed, but questioned why this parcel was chosen over all of the other available vacant land in the area. She expressed concern for the potential for accidents with the access on Highway 74 and stressed that this is a terrible access and location. She indicated that while she likes Albertson's, she will not use this location. PAGE FOUR - CITY COUNCIL MINUTES JULY 811997 Jim Bolton, 14484 Amorose Street, noted concerns addressed at the Planning Commission, and indicated that his biggest concern is the new traffic signal and the stacking of cars at that signal up toward the curve on Riverside Drive. He addressed the required warning signal, and indicated that it may not address the stacked cars on that curve. He indicated that he is also concerned with the access from Lakeshore Drive between the fast food restaurants, noting that it is already crowded and will be more so. He finther expressed concern with the truck traffic access to the site. He indicated that there is no question that there is a need for another store in the area, but stressed the significance of the concerns discussed. Robert Ponce, 31297 Machado Street, expressed concern for the easement between the restaurants and indicated that he believes it should be resolved before proceeding with the project. He questioned what guarantees that one of the two Albertson's stores will not be shut down leaving another vacant building. He addressed the access on Lakeshore Drive and noted the existing business traffic concerns. Hearing no further comments, the Public Hearing was closed at 7:26 p.m. Mr. Thayer responded to the concerns expressed, noting this location was chosen because the business is convenience oriented and the project needs to be as conveniently located to customers as possible. He detailed their efforts to locate a suitable location and determine whether the project would be feasible. Mayor Pape requested clarification that they intend to keep both stores open. Mr. Thayer indicated that in addition to this store being developed, the store on the south end is earmarked for remodeling and there is a full intention to operate two stores in the City of Lake Elsinore. John Kain,. RKJK, 1601 Dove Street., Ste 290, Newport Beach, indicated that he worked on the traffic analysis for the site. He addressed the proposed traffic signal and its location and indicated that if it was going in without street improvements, the concerns would be understandable, but noted planned improvements to Riverside Drive, and the future configuration. He stressed that the traffic signals will be coordinated and tied in with the Four Corners Signal. He concurred that the design would be better if the hill did not exist, but indicated that he believes that the proposed plan is a conclusion that will make the signal and plan safe. He addressed the Lakeshore Drive entrance and suggested that with the traffic signal on Riverside Drive it will reduce the access through the Lakeshore Drive entrance.. Mayor Pape questioned the configuration on Riverside Drive after someone sees a flashing warning light, and whether it will be widened with a right turn lane. Mr. Kain Indicated that it will not be a separate right turn lane, but there will be two lanes in that direction. Mayor Pro Tern Kelley questioned the warning signal and questioned how PAGE FIVE - CITY COUNCIL MINUTES - JULY 8, 1997 many feet it will be before the first traffic signal. Mr. Kain indicated that has not yet been determined, but will take into account the design of the road and the speed of traffic. Mayor Pro Tem Kelley questioned the distance between the traffic signals. Mr. Kain indicated that it is approximately 400 feet between signals. Mayor Pro Tern Kelley noted that people will not be prepared for the change and questioned if a footage factor would be included with the beacon. Mr. Kain stressed the changes in sight distance which will improve the situation; and the landscape theme which will also be sensitive to site distance factors. Mayor Pro Tern Kelley questioned whether turns would be limited to "right only" in and out of the center. Mr. Kain indicated that on Riverside Drive it will be full access, without a right turn limitation. Mrs. Kelley questioned the Lakeshore Drive access and whether it will be right turn only. Mr. Kain indicated that the City will monitor that location, but they presently are not recommending a right turn only situation;;'RHe indicated that in terms of traffic load there will be somewhat of a push with the redistribution of traffic. Councilwoman Brinley indicated that she does not have a comfort level with the traffic circulation and noted the existing problems with accessing the Stater Bros. center. She indicated that she would like to see an analysis of the meetings with the restaurants for feedback. She stressed that this serves as an access for the drive -thru restaurants and indicated that she believes there will be a number of minor fender benders. She noted the potential for - increased traffic congestion and expressed concern with trucks making deliveries via the Lakeshore Drive entrance. She suggested that Lakeshore is a natural truck route via Lake Street and addressed the hill and the related traffic problems at the existing signal. She also noted the recreational facilities on Riverside Drive, and stressed that people are not from the area and are not familiar with the configuration. She indicated that she would have liked to see Caltrans address the hill since it is so steep. She indicated that there have been several fast food entities which have tried to come to that area and encountered problems with ingress and egress. She questioned why there is a need for a 12 foot monument sign and stressed the visibility concerns in the area and questioned the need for a 12 foot sign vs. a 6 foot sign. Mr. Kain addressed the concerns with the southbound traffic and the ability to stop; and indicated that they have evaluated the sight distance which will be improved to allow for the signal to be seen. Councilwoman Brinley reiterated her concerns with the visibility. Mr. Kain noted consideration of the existing access which will not go away and indicated that there are turns occurring right now without the sight distance, signage or signals. He suggested the potential for consolidating the existing accesses; and further addressed the access between the two restaurants. Mrs. Brinley indicated that she would have liked to see resolution of the access with the existing restaurants. Mr. Kain noted that the kind of numbers they have projected, don't cause him to consider a physical rearrangement of the main entry. He stressed the potential trade off of traffic with the new signal. Councilwoman Brinley expressed support for the project, but indicated that the safety is questionable, and stressed the existing PAGE SIX - CITY COUNCIL MINUTES - JULY 89 1997 traffic concerns. Mr. Thayer addressed the truck concerns and clarified the site plan with regard to the entrance. Councilwoman Brinley questioned the potential of making it mandatory for the drivers to use only the Nichols and Central freeway exits, and eliminate the possibility of them using the Lakeshore Drive entrance. Mr. Thayer indicated that they will come out with a transportation plan which shows a specific way to access the center; and noted that deliveries will be in the off hours. He addressed the center sign and explained that it is a 12 foot sign because they would like to get the sign up in the air to prevent visibility concerns, and the six foot sign would obstruct visibility. Councilwoman Brinley indicated that this sounded like a new approach. Mr. Thayer addressed the drive thru restaurants and . indicated that the Lakeshore entrance works today and they are trying to address the future scenario and keep the project from being held hostage by the fast food users. He indicated that he would like to work with staff and the fast food representatives to find what is best for the City. Mrs. Brinley stressed her concerns for the traffic circulation, and noted the vested interest of the restaurants. She requested that if the Council approves the project, that there be a condition making it mandatory that delivery trucks can not enter off of Lakeshore Drive. Councilman Alongi requested input from City Engineer O'Donnell and the traffic engineer for the project. He thanked Albertson's for deciding on a second store. He asked Mr. O'Donnell whether the computer would be controlling traffic lights. Mr. O'Donnell indicated that these signals will not be on the City computerized system as it would be a Caltrans regulated signal. Councilman Alongi indicated that Riverside Drive could be worked out, but his real concern is Lakeshore Drive and stressed the areas from which the shoppers will be coming. He indicated that people will be trying to turn left into the fast food places and stressed the existing visibility concerns. He stressed his concern with the entrance on Lakeshore Drive, and indicated that he would like a traffic count on that street and on turns into the shopping center. He indicated that his second concern is in the parking lot, and the design for the handicapped parking. He stressed the need for access from both the left and right sides, and expressed particular concern for the bigger vans. He noted that he has never seen a center with both accesses being this lousy. Mr. Kain addressed Lakeshore Drive and noted that it was throughly analyzed and the turning numbers have been reviewed. He presented a sampling of the traffic counts and reviewed the long range projections. Councilman Alongi stressed that the Albertson's is not there presently and included in those numbers. Mr. Kain indicated that has been considered in the calculations. Mr. Alongi stressed the hazard for turning in and out of the center, and stressed that there is no control of the traffic at this location such as medians, etc. Mr. Kain clarified the reason for the recommendation of a signal on Riverside Drive. He addressed the sources of traffic for this center and indicated that there will be a large amount coming from the freeway on their way home. PAGE SEVEN - CITY COUNCIL MINUTES - JULY 8, 1997 Councilman Metze questioned staffs satisfaction with the three foot alley condition. Community Development Director Leslie noted condition 3.a. and indicated that the existence of the condition implies that staff is not happy with that situation. Mr. Metze inquired whether the condition is strong enough. Mr. Leslie confirmed. Mayor Pape noted that most of his concerns have been addressed and it is now a matter of weighing the pros and cons. He commented on the need for a market in that area for quite some time, and while it is not his first choice of location, Albertson's feels it meets their needs. He indicated that he has some concern with the traffic circulation, but most of them have been mitigated and Caltrans gave their o.k. He indicated that if Caltrans is comfortable with the signal and traffic circulation, that will help his comfort level. He noted the benefits of 100 new jobs; and with the other location being upgraded rather than closed. He indicated that there appears to be more good than bad and feels that the project should be allowed to move forward. Councilwoman Brinley commented that she feels that Riverside Drive can be .. addressed, but stressed her concern for the Lakeshore Drive issues. She suggested a continuance to allow the market and restaurants to work things out in the meantime. Mayor Pape inquired whether there has been discussion with the restaurants.,, to date. Mr. Thayer indicated that there had not, but much discussion had occurred with City staff on the parking requirements. He indicated that they are hoping for approval tonight allow them to sit down with staff and the restaurants to show them the proposal. Mrs. Brinley noted that was requested by the Planning Commission two weeks ago. Mr. Thayer stressed that the conditions are acceptable. Mayor Pro Tern Kelley reiterated Councilman Metze's concerns for the alleyway and questioned whether the condition was satisfactory for the Police. Department. She indicated that she was also concerned with the traffic circulation, but the City Engineer and Caltrans have given approval. She stressed the need for a market, and indicated that she was happy with the proposed project. Councilman Alongi indicated that it is not a question of wanting another market, but rather to have a safely accessed market from either end. He noted that he would like to postpone this matter to the July 15th meeting, to allow him to look at the number of accidents with the Police Department and stressed the developer's obligation to provide a safe access. He indicated that a 30 foot driveway is not a standard driveway. He stressed the amount of traffic on the adjacent streets and the need for appropriate controls, and suggested that postponing to the 15th will not hurt anything. He indicated that he will feel better if he has done all that is possible to make the project safe; and suggested a median or left hand turn lane modification. He further PAGE EIGHT - CITY COUNCIL MINUTES - JULY 8, 1997 stressed the potential for accidents and the direction of access for most residents. He commented that while he would like to see something there, he wants to know that the Council did everything possible to make the traffic safe. Mayor Pape noted the concerns with the traffic and indicated that the question is if they have done everything to mitigate the situation; and everyone is saying that the concerns are sufficiently mitigated. He suggested that if the staff, Planning Commission, Caltrans and project designers are comfortable the project should be allowed to go forward. Mayor Pro Tern Kelley indicated that she was not suggesting throwing safety to the wind, but stressed the mitigation factors and approvals by the appropriate parties. Councilwoman Brinley indicated that she would vote yes, but stressed her concerns for the traffic. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 0 WITH ALONGI ABSTAINING TO ADOPT RESOLUTION NO. 97 -51, APPROVE GENERAL PLAN AMENDMENT NO. 97 -2, ADOPT NEGATIVE DECLARATION NO. 97-4 AND COMMERCIAL PROJECT 97 -59 BASED ON THE RECOMMENDED FINDINGS, EXHIBITS "A THRU F", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, INCLUDING THE ADDITION OF CONDITION #58 REQUIRING THAT DELIVERY TRUCKS ONLY USE THE RIVERSIDE DRIVE ENTRANCE AND NOT THE LAKESHORE DRIVE ENTRANCE. RESOLUTION NO. 97-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1997 CHANGING THE LAND USE DESIGNATION OF ASSESSOR'S PARCEL NUMBER(S) 378- 290 -005M 378- 290 -019, 378 -290 -0219 FINDINGS - GENERAL PLAN AMENDMENT 97 -2 - l . The proposed General Plan Amendment will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. PAGE NINE - CITY COUNCIL MINUTES - JULY 89 1997— 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access and constraints. 4. The proposed General Plan Amendment will not have a significant effect on the environment. FINDINGS - COMMERCIAL PROJECT NO 97 -5 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in Mitigated Negative Declaration No. 97 -4 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as proposed and conditioned complies with the Goals, Objectives and Policies of the General Plan, and the Zoning District in which it is located. 3. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82. 4. That this proposed use, on its own merit and within the context of its setting, is in accordance with the Goals, Objectives, and Policies of the Lake Elsinore General Plan. PLANNING DIVISION 1. Design Review approval for Commercial Project No. 97 -5 will lapse and be void unless building permits are issued within one (1) year of City Council approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3. Side elevations shall be redesigned and enhanced to incorproate modified by the inclusion of landscaping for screening and softening purposes and /or by the addition of architectural enhancements consistent with the front elevation to incorporate tinre architectural elements of design consistent the front elevatio . Site improvements shall be constructed as indicated on the approved site plan and elevations. Subsequent revisions to approved site plans or building elevations shall be subject to the discretion of the Community PAGE TEN - CITY COUNCIL MINUTES - JULY 89 1997, Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the City Council through subsequent action. All signage shown in the plans shall be modified to meet standard Code requirements or as otherwise specifically approved. a) The applicant place appropriate b=iers at the two ends of the back of the building- shall make a good faith effort to approach the adjacent property owners regarding the placement of barriers between their wall and the applicant's building to prevent unauthorized access to the area between the back of the building and the perimeter wall of the adjacent development to the west, and City staff shall lend their assistance in this effort. 4. Materials depicted on the elevations shall be used unless modified by these conditions, Community Development Director or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all Riverside County Health Department requirements. 8. Meet all Riverside County Fire Department requirements including letter dated 5- 15 -97. 9. No outdoor storage shall be allowed. 10. Trash encl6sures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of Certificate of Occupancy. 11. : All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right -of -way view. 12. Applicant shall use roofing materials with Class "A" fire rating. 13. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be painted to match the roof and blend together and architecturally screened so that they are not visible from neighboring property, and public streets. Cross sections for the proposed market shall be submitted to determine if screening is necessary. If determined necessary, screening plan shall be approved by the Community Development Director, prior to issuance of building permit. PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 89 1997 14. Since the driveway area between the two existing restaurants will be used as a secondary access to the proposed Albertson, aesthetic enhancements to this driveway area will be required. This enhancements might include enhanced landscaping at the driveway on Lakeshore Drive, pavement enhancements and combined signage opportunities with the restaurant. A plan illustrating enhancement concepts will be required prior to issuance of grading permits for the project and subject to the approval of the Community Development Director or Designee. 15. All exterior down- spouts shall be constructed within the interior of the building or concealed from public right -of -way view. 16. Landscaping improvement along Riverside Drive within the line of sight indicated on the approved site plan shall be kept at minimum to avoid obstruction of views as will be determined by the City Engineer prior to approval of Landscaping Plans. .17. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or Designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %). a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four -inch (24 ") box in size. c) All planting areas shall be separated from paved areas with a six inch (6') high and six inch (6 ") wide concrete curb. d) Planting within fifteen feet (15) of ingress/egress points shall be no higher than thirty -six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive PAGE TWELVE CITY COUNCIL MINUTES JULY: 8, 1997• .; watering. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. I) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 18. All exposed slopes in excess of three feet (3) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 49. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 20. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District ( EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 21. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 22. Trailers utilized during construction shall be approved by the Planning Division. ,23. On -site surface drainage shall not cross sidewalks. 24. Parking stalls shall be double - striped with four -inch (4 ") lines two -feet (2) apart. 25. Prior to issuance of any building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 26. This project shall be subject to all Mitigation Measures contained in the Mitigated Negative Declaration No. 97 -4. 27. All vending machines, tables, kid's rides, newspaper racks, telephones and similar devices, if proposed shall be at least partially concealed from view with PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 89 1997 a structure consistent with the building design. These shall be approved by the Community Development Director or designee prior to installation. 28. Fencing along property lines where proposed shall be decorative block wall or decorative wrought iron subject to the approval of the Community Development Director or Designee. 29. The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be :subject to the approval of the Community Development Director or Designee. ENGINEERING CONDITIONS 30. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 31. Dedicate underground water rights to the City (LEMC 16.52.030). Document can be obtained from the Engineering Department. 32. Dedicate a 10 foot wide strip of additional street right -of -way along the frontage of Riverside Drive property line prior to issuance of building permit. 33. Public right -of -way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to Caltrans and the Engineering Department for review and approval prior to issuance of building permit. 34. Pay all Capital Improvement and Plan Check Fees (LEMC 16.34, Res. 85 -26). 35. Submit a "Will Serve" letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 36. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 37. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Caltrans, Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 38. Applicant shall submit a traffic striping and signing plan for the driveway on Lakeshore Drive showing all traffic control devices which includes the driveway intersection and its approach legs for a distance of 250 ft. each way on Lakeshore Drive for the development of the site prior to issuance of building permit. All traffic control devices shall be installed prior to final inspection of A 114 PAGE FOURTEEN CITY COUNCIL MINUTES JULY 89 1997 - public improvements. 39. Driveway site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for driveways on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 40. Developer shall provide a traffic study prepared by a traffic engineer to determine the traffic velume and the impacts on intersections in the vicinity and driveways accessing the site to be approved by the City prior to issuance of building permit. 41. Applicant shall design and construct a traffic signal at the driveway on Riverside Drive with an interconnect to the signal at Lakeshore Drive and Riverside Drive. Applicant shall also construct advance warning overhead flashing beacons located on Riverside Drive northeast of the driveway. The design of the traffic signal shall include a complete striping plan for Riverside Drive from - - northeasterly of the warning beacon to and including the intersection with Lakeshore Drive. The City shall bear no costs for installation, operation and maintenance of the signal and warning beacons. Any cost associated with these items that Caltrans may otherwise expect the City to absorb shall be. borne by the applicant. Staff together with the applicant will approach Caltrans about the possibility and feasibility of coordinating the flashing beacon with the signal. 42. If the traffic signal at the entrance to the site on Riverside Drive is not approved by Caltrans, then the applicant shall have provide an alternate plan which defines traffic control devices to be installed and/or fees to be paid that will mitigate the traffic generated by this development and be approved by the City prior to building permit. -43. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off -site public works improvements (LEMC 12.08, Res.83 -78). All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 44. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements including those stated in their letter of June 6, 1997 for C 97 -5. 45. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 " x 11" mylar) shall be submitted to the Engineering Department before final inspection of off -site improvements will be scheduled and approved. 46. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 811997 47. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 48. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 49. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System(NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 50. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 51. Provide fire protection facilities as required in writing by Riverside County Fire. 52. Provide street lighting and show lighting improvements on street improvement plans, as required by the City Engineer. 53. On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Applicant shall provide a storm drain system to remove harmful pollutants from storm water runoff, subject to the approval of the City Engineer. 54. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 55. Roofs must drain to a landscaped area and/or provide a storm drain system to remove harmful pollutants from storm water runoff, subject to the approval of the City Engineer. 56. Contribute $7,125 for the design and construction of one -half of a raised landscaped median along the frontage of Riverside Drive. 57. The applicant and City shall attempt to meet with the two fast food restaurant property owners and try to work out an improved parking plan specifically for the common driveway to the Albertsons between the two restaurants off of Lakeshore Drive. 58. Albertsons shall make it mandatory that all delivery vehicles to its store shall enter and exit the site via the Riverside Drive entrance. Delivery vehicles shall be prohibited from using the Lakeshore Drive entrance. U �, ,_ . ...V, PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 89 1997 Mayor Pape noted that there are a lot of people in attendance for item number 37 regarding the fiscal year budget. He indicated that it has been recommended to °continue this matter to a Study Session on Monday night, July 14th, to allow for more input and discussion with a decision to be made at a Special Meeting on July 15th. He suggested that this matter be taken out of order so people don't have to wait for its consideration. 37. Resolution No. 97-54 - Aftting the Fiscal Year 1997-98 Cfty Budo. (F:30. 1) MOVED BY BRINLEY,- SECONDED BY METZE TO, CONTINUE. THE CONSIDERATION OF THE BUDGET TO A STUDY SESSION ON MONDAY, JULY 14, 1997 AT 7:00 P.M. AND PENDING ADOPTION OF THE FISCAL YEAR 1997 -98 BUDGET AUTHORIZE THE CITY MANAGER TO MAKE AND APPROVE ROUTINE EXPENDITURES, INCLUDING (WITHOUT LIMITATION) CONTRACTS, AGREEMENTS, PAYROLL AND °INVESTMENTS CONSISTENT WITH THE PROPOSED BUDGET AND IN AMOUNTS NOT EXCEEDING THE FUNDS AVAILABLE. Councilman Alongi questioned whether it would be necessary to add an item to authorize the expenditure of funds in the meantime. City Attorney Leibold indicated that it would be acceptable to continue with regular operations based on this motion. Councilman Alongi thanked her for this clarification. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 31. Riverside County Habitat Conservation Agency - Multiple Species Habitat Conservation Planning Agreement. (F:76.3)(X :68.1) City Manager Watenpaugh noted that this matter is based on a recommendation from the Riverside County Habitat Conservation Agency as it relates to Multi - Species Habitat. He introduce Brian Low, RCHCA Executive Director, for presentation and respond to questions. Mr. Low presented an overview of the request and noted that the K -Rat is only a portion of the problem. He noted that there are other endangered species in areas of Lake Elsinore, such as the California Gnatcatcher. He clarified that this plan is intended to address everything else, and explained the approval process with the regulatory agencies and the intent of the plan to define the terms and conditions for development of the plan. He further explained that they want to turn the process around and have mitigation occur on a voluntary basis; instead of regulating they would like to incentivize the process. He indicated that they would proceed with developing a plan which would not be incorporated with any type of moratorium or study area. He stressed the effort to provide a comfort level with regard to the need for property acquisition, which would be limited to willing sellers. He further stressed that no land would be subject to PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 89 1997 condemnation. He advised that with regard to funding they want to be sure that the locals do not get stuck with the entire bill. He emphasized the need for balance between the Federal, State and Local commitments to the process, under the presumption that it should be the financial obligation of all parties to pay for the mitigation. He noted that it is most important to let the Federal government know they should contribute a fair amount of the funding. He addressed the extended time frame it took for development of the K -Rat plan, and indicated that they will adopt a target time line of two years. He clarified that the program proposes a three phase process being 1) the Planning Agreement, 2) asking Fish and Game for a best estimate of what would be required, and 3) presenting the information to the governing bodies regarding benefits and costs of the plan. He stressed that this document does not commit the governing board to development of the plan, but allows for information seeking during a six to-nine month period. Mayor Pape noted the 41,000 acres set aside for the K -Rat, and inquired if the multi- species plan would try to incorporate other species into those areas. Mr. Low confirmed that this was the intent. He explained that existing areas would be maximized and noted that they have in writing that they will receive full credit for what has already been done. Mayor Pape noted that so far the burden has been on the backs of local agencies. Mr. Low concurred and explained that this is intended as an early effort to deal with the Federal government and tell them that they are expected to participate in a fair proportion. Mayor Pape noted that much of the information on this burden is new news to the Federal legislators, and stressed the need to place more emphasis on State and Federal government to participate, as local government has done more than its fair share. Councilman Alongi questioned the amount spent on K -Rat programs in Riverside County alone. Mr. Low indicated that it is about $38 million so far, with a total obligation of $ 42.7 million. He noted his recent testimony before the Federal committee and indicated that they did not have any idea of the burden that had placed on local jurisdictions. i- MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MULTIPLE SPECIES HABITAT CONSERVATION PLANNING AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. 0 2. Second Reading - Ordinance No. 1030 - RegaL&g CaMaign Contributio MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1030 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADDING SECTION 2.08.026 TO THE LAKE PAGE EIGHTEEN - CITY. COUNCIL MINUTES. JULY:8, 1997 ELSINORE MUNICIPAL CODE, ESTABLISHING A VOLUNTARY EXPENDITURE CEILING FOR ELECTIONS TO CITY OFFICES AND PROVIDING FOR AN INCREASE IN THE CAMPAIGN CONTRIBUTION LIMITS IN ACCORDANCE WITH THE POLITICAL REFORM ACT OF 1996 (PROPOSITION 208). -UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading - Ordinance No. 1031 - Regarding Swimming in the Lake. (F:92.1) Mayor Pape noted his recent discussions and requests to speak. City Manager Watenpaugh noted that there has been general discussion and correspondence from Supervisor Buster's office and recommended continuance of this item to allow for a meeting with Mr. Buster and affected property owners around the Lake. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO JULY 15, 1997. THE CITY COUNCIL MEETING WAS RECESSED AT 8:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT "8:48 P.M., WITH COUNCILMAN METZE ABSENT DUE TO ILLNESS. Mayor Pape noted that he still had requests to speak on the Lake item and offered them an opportunity to speak. Bonnie Dowling, 32895 Marie Drive, noted that this item is shades of 1993, but they were speaking before the Senate appropriations committee on the transition of the Lake to the City from the State. She noted that they kept changing the times and saying they were putting it off, so they flew there three times and it was tabled. She noted that the final legislation included a requirement that no decisions or actions be taken without consultation with the impacted property owners for consideration of their concerns. She further noted that Senator Ayala indicated that if any action is taken without this consideration it would make the transfer null and void. She stressed that she holds a grant deed which gives rights to the beach and access into the Lake for hunting, bathing and boating. She commented that the City wants PAGE NINETEEN - CITY COUNCIL MINUTES - JULY 89 1997 controls over swimming, but stressed her grant deed rights and the legislation, requiring consideration of County property owner desires. Pete Dawson, lakeland village resident, noted that he lives on the Lake by choice and is where he does business. He indicated that he used to be a part owner of the Lake under the State, but his share was taken away and given to the City. He further indicated that he has not been compensated for this taking, but it was mandated that the City look out for his best interests. He noted a memo from Mr. Moser in 1993, which indicated that the County property owners have rights which cannot be removed without payment; but offered ways to circumvent the requirement. He indicated that the proposed ordinance is restrictive and needs finther consideration. He noted a meeting with Supervisor Buster and his aides at which the property owners rights were emphasized; and indicated that City Attorney Harper's comments were wrong with regard to riparian rights on the Lake. He commented that he has worked with the City in the past and will continue to do so to the best of his ability. Dave Stahovich, assistant to Supervisor Buster, addressed the swimming issue and noted the presence of John Johnson with a report on the issue. He requested a correction to the public record for the June 24th meeting that they both were in attendance and expected to speak on behalf of the County and its constituents. He noted a specific comment that they did not show up for the consideration. He congratulated the Council on moving forward on this issue; and congratulated City Manager Watenpaugh on his new position. Councilman Alongi defended the former City Attorney, and indicated that he was an honorable and honest attorney, who tried to properly advise the Council 34. GFI Racing AMement - Lake Elsinore Grand Prix Motorcycle Race. (F:151.1) Community Services Director Sapp presented the video of last year's GFI event. City Manager Watenpaugh noted the event last November and advised that there was a Study Session on June 25th to review the exclusive five year agreement for the event, which would allow Mr. Brecker to obtain sponsorship for his future events. He further noted that there were several issues which have been addressed in the contract, particularly with regard to the appeal process to the Council and the hard cost of fees to be paid in advance to insure that the costs are covered. Community Services Director Sapp presented an overview of the first event with over 60,000 people observing and 3,000 participants. Mayor Pape noted the Study Session and indicated that this was a great event last year and all had a good time. He indicated that the event was fun and safe for spectators; and Mr. Brecker is looking at doing the event on a regular basis, but to get sponsorship he needs to have some assurances that it will • ik PAGE TWENTY - CITY COUNCIL MINUTES - JULY 89 1997 continue. Mayor Pro Tern Kelley noted that her concerns were addressed at the Study Session; and indicated that she and her family had fun at last year's event. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE FIVE YEAR EXCLUSIVE AGREEMENT WITH GFI RACING, INC., TO ANNUALLY PROVIDE THE LAKE ELSINORE GRAND PRIX MOTORCYCLE RACE AND RELATED EVENTS. 35. CR & R, Inc. - Request to put Refuse Billing on Fiscal Year 1997 -98 Tax Roll - Resolution No. 97 -52. (F:163.1) Mayor Pape noted this item and emphasized that only delinquent billings are included. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97 -52 WHICH ASSURES THE PERMANENT COLLECTION OF ALL 120 DAYS DELINQUENT RESIDENTIAL ACCOUNTS AS OF JULY 31, 1997 THROUGH THE PROPERTY TAX ROLLS; AND REQUEST THE CITY CLERK TO FILE WITH THE RIVERSIDE COUNTY ASSESSOR A CERTIFIED COPY OF RESOLUTION NO. 97 -52 WITH THE 120 DAYS -PAST DUE ACCOUNTS REPORT. - - RESOLUTION NO. 97-52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS. 36. Resolution No 97 -53 - Budget Adoptions for the Fiscal Year 1996 -97 11 1 Capital Improvement Projects. (F:30.1) City Manager Watenpaugh explained that the projects in this budget came forward on an individual basis for approvals; and this budget adoption is a housekeeping item. He indicated that in the future the Council will see a listing such as this in advance. Councilman Alongi questioned Fund 231 on the Library CIP fund which shows a loan to the General Fund for $300,000. Mr. Watenpaugh explained that this was used to balance the General Fund. Councilman Alongi noted recent comments about that fund and inquired if the remaining $115,000 was available to the City for another loan. Mr. Watenpaugh indicated that those funds would potentially be available if they could be paid back. PAGE TWENTY -ONE - CITY COUNCIL MINUTES - JULY 89 1997 MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97 -53 ADOPTING THE FISCAL YEAR CIP BUDGET OF $296679400. RESOLUTION NO. 97-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE CAPITAL IMPROVEMENT PROJECT BUDGET FOR FISCAL YEAR 1996 -97 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH HEREIN. ITEMS PULLED FROM THE CONSENT CALENDAR 3. Investment Report -May, 1997. (F:12.5) Dick Knapp, City Treasurer, detailed the April and May balances in the Investment fund and the June balances with $5.3 million in the General funds and $570,000 in cash. He indicated that he does not see a variance in that amount and still is unclear to him why the parks have not been kept open, because the City does have the money. Mayor Pape questioned Mr. Knapp on his comments. Mayor Pape noted his commented for use of $410,000 from the Lake fund and inquired if he was aware that it could only be used for the Lake. Mr. Knapp indicated that he was discussing the $5.3 million. Mayor Pape questioned him further on the $410,000 and whether he was aware that it could not be used for park maintenance. Mr. Knapp concurred that was true. Mr. Knapp questioned the amount of money in checking account. Mayor Pape indicated that there is $11,983,000 in all City accounts and stressed that all of the funds are restricted in use; and reiterated that they can not be used for park maintenance. Mr. Knapp indicated that he is concerned about the $5.3 million. Mayor Pape inquired why Mr. Knapp was trying to mislead the Council and residents that the funds are available. Mr. Knapp noted the investment report, and indicated that he did not say that it could all be used to keep the parks open. He questioned the investment pool and Redevelopment fund increases and indicated that it was strange that with $20,300,000 in investments it is not possible to keep the parks open. Mayor Pape indicated that he was advocating illegal actions, and requested a response from Administrative Services Director Boone. Mayor Pro Tem Kelley asked Mr. Boone about the City Treasurer's commented that there was a $545,000 slush fund. Mr. Boone clarified that those were trust deposits and they are due back to someone else. He stressed that it is not the City's money. Mrs. Kelley questioned what would happen if those dollars were spent. Mr. Boone indicated that he could not make the request whole if those funds were borrowed. Mrs. Kelley questioned the debt service funds., Mr. Boone explained that they are collected on the tax roll from special assessments and PAGE TWENTY -TWO - CITY COUNCIL MINUTES -JULY 89 1997 transmitted for debt payments. Mrs. Kelley inquired what would happen if they were used. Mr. Boone indicated that the City would be sued very quickly. Mrs. Kelley questioned the CFD construction funds. Mr. Boone indicated that the biggest item is the construction fund for CFD 88 -3. Mrs. Kelley inquired revenue from other governmental agencies was restricted. Mr. Boone confirmed. Mrs. Kelley questioned the balance in the checkbook. Mr. Boone indicated that the $570,000 was the money collected the last two days before the end of the month, and reflects the total cash invested or in the checking account. Mayor Pape noted that these funds are allocated but not into accounts. Mr. Boone confirmed. Mayor Pape noted Mr. Knapp's discussion of $5 million. Mr. Boone indicated that there is a General Fund Balance of $5.3 mullion at the end of April including allocations for this year and the $2 million in reserves. Mayor Pape questioned the reserved , projection for one year from now. Mr. Boone indicated that it would be down to $1.3 million by next year; and noted that the cash balance can be up or down at various times during the year due to the cash flow factors. He further indicated that there is no correlation between investments and the General Fund at any one time. Mayor Pape noted the erratic nature of municipal finances and the requirement to allow for that flow. Councilwoman Brinley inquired whether the City funds are audited annually. Mr. Boone indicated that each fund is audited and presented annually with the financial report. He also noted that the audit was presented to the Task Force and is readily available at City Hall. Mayor Pape noted that a memo was requested after the City Treasurer's comments at the last Council meeting; and thanked Mr. Boone for this clarification. Councilman Alongi asked Mr. Boone if Mr. Knapp was the elected Treasurer and entitled to all information the City has. Mr. Boone confirmed. Mr. Alongi inquired whether Mr. Knapp has received all of the information he has requested. "Mr. Boone indicated that he had riot. Mr. Alongi inquired why. Mr. Boone indicated that he does not like to be put on spot by the City Treasurer's erroneous comments. Councilman Alongi stressed that he has a right to all of the information, and with that information might be correct in - his statements. Mr. Alongi questioned the General Fund and whether it subsidizes the RDA. Mr. Boone indicated that the budget was adopted with those transfers as part of the process. He noted a conversation in advance of the meeting and indicated that Mr. Knapp was aware of a check and the details. Mr. Alongi stressed that it is a Council decision what the City Treasurer should be entitled to. Mayor Pape indicated that the City Treasurer does not have a clue about municipal finances, and Mr. Boone has sat down with him on numerous occasions to clarify. THE CITY COUNCIL MEETING WAS RECESSED AT 9:30 P.M. - PAGE TWENTY -THREE - CITY COUNCIL MINUTES - JULY 8, 1997 THE CITY COUNCIL MEETING RECONVENED AT 9:32 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Joyce Hohenadl, 27 Corte Palazzo, Chairwoman of the Citizen's Task force, indicated that she can understand that many people are upset and angry with the closure of the parks, but stressed that they should not only get angry, but get involved in passing a measure on the November ballot. She thanked the area businessmen for their endeavors to keep the four parks open, but noted Colrich could only do so until the end of July. She stressed the importance of supporting a new measure in November; and outlined why the City is in the current situation explaining the County, State and Federal impacts. She clarified that the Task Force was formed to study the problems and make recommendations to'the Council, but when the Measure was approved for the ballot, another committee was formed to support the Measure. She detailed the efforts of the Committee to provide education and information to the voters of Lake Elsinore. She stressed that those people who are angry should volunteer, get the facts and vote, to support the City. Matthew Cresen, 641 Acacia Street, discussed an injustice on July 4th with regard to the ability to view the fireworks on July 4th in Canyon Lake. He explained that they wanted to go up Summerhill Drive to view the fireworks and encountered a road block on a public access road. He noted discussions with City staff and a comment that the closure was approved four years ago, but could provide no documentation of that approval. He questioned who paid for the officer and requested copies of reimbursement receipts. Donna Sharf, 15056 Danielle Way, indicated that she was present as a concerned citizen and local business woman. She offered to work with the Council to identify ways to reduce costs; and expressed gratitude that the budget was pulled for input. She noted that she was provided a copy of the budget by Mr. Watenpaugh and has gone over it with a fine tooth comb. She indicated that while she is not an expert, , she has run departments and finds that there are a lot of opportunities to continue to improve on the budget. She noted that the park closure woke a lot of residents up and they are shocked and appalled by the action. She indicated that there are limited recreational opportunities left and there are thousands of families with no facilities, particularly in low income areas. She further indicated that everyone needs the parks and expressed expectations that the closure would increase the local crime statistics. She noted that there is a $1.3 million reserve in the 1997 -98 budget, and indicated that the Council could spend that money and turn the water on in the parks. Nita Van Heest, 33146 Shoreline Drive, noted that since the last meeting there is now a signed grant deed for the Stadium and expressed hopes that it would be recorded in the next few days. She further noted that the deed of reconveyance will also be recorded soon. She suggested that Mayor Pape should make a public apology for his prior statement. She commented on the California Joint Powers Insurance Authority and indicated that it is not an insurance company or agent. She PAGE TWENTY -FOUR CITY COUNCIL MINUTES - JULY 89 .1997, , explained the formation of the Authority and indicated that they are not licensed to sell insurance; and advised that the closure of the parks is solely vested in the City Council, but the information was manipulated that people were exploited. She inquired whether the Council has read the information; and indicated that is there is a safety net in the agreement. She indicated that the parks could have stayed open, and urged everyone to become educated and informed. Chris Hyland, 15191 Wavecrest, noted that there are two things she does not tolerate being 1) a liar and 2) an unethical person. She suggested that the Councilmembers and Task Force have indicated that she has given out misinformation. She stressed that she does not speak without documents and reiterated that she has documents. She questioned whether there were two sets of books at City Hall and indicated that all of her information comes from City Hall. She suggested that the "feds" should come check out the City. She noted that the recall petitions on Councilmembers Kelley and Brinley will be out tomorrow for signatures. She suggested that since the parks are closed and the community center is closed there is no need for a Community Services Director or Community Services Manager and questioned the need for two highly paid employees, detailing their salaries and car allowances. She indicated that these dollars would really help with the park maintenance. She further indicated that the department is overextended with management personnel and suggested that other employees could have been retained. Dick Knapp, Elected City Treasurer, indicated that the would like to see if Sandy Stokes of the Press Enterprise would print a total accounting of the $5.3 million. He indicated that he never seen the RDA money except a computer printout which was never discussed with him. He noted his brainstorm of the local Internet access which was done in collaboration with others. He encouraged residents to get on the NET and complain. Dale Hite, 115 N. Kellog indicated that the Council needs to look toward the future and reopen the parks, and suggested that it won't wait until November. He indicated that the death of children is an emergency even at a lower level of maintenance. He indicated that he can support a tax that does not violate civil rights, etc; but the new tax should bail out past mistakes, not future mistakes. He stressed the need to balance between the peoples' rights and needs. He indicated he would volunteer for the Task Force because he wants the parks open. He noted his prior speech regarding fatherhood and the detriment of park closures; and indicated that the basis for society is money. He indicated that he cannot vote yes for a tax when children are being held hostage, but he can support it when better management is demonstrated. Mary Venerable, businesswoman, 29409 3rd Street, spoke regarding her concerns for children and reactions to the fencing of parks. She noted letters from area youths with obvious input from parents, holding the Councilmembers responsible for the closure, but not providing any recommendations of solutions to the problems. She expressed concern that none of them are addressing those who did not vote. PAGE TWENTY -FIVE - CITY COUNCIL MINUTES - JULY 89 1997 , She noted that Measure BB would have passed with only some 127 more residents voting; but now the community is faced with another vote in November, because the money is still needed. She indicated that the task force will present what they believe will be supported; which is a recommendation for a menu listing for the community to choose from with explanations of the needed funding. She advised that the Task Force was recommending that the tax would only be in place for six years. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Acknowledged the City Department Heads for their input during this meeting. 2) Acknowledged the new City Attorney, Barbara Leibold. 3) Explained the Joint Powers Insurance Authority pool which provides risk management and general coverage. He noted their recommendation on the parks, but confirmed that it was the Council's decision based on the JPIA recommendation. He indicated that as the City Manager or City Council it is just as hard as being a parent; and stressed that it was not an easy decision to close facilities that staff assisted in building. He stressed that the taxes for parks were voted out and directly impacted by Proposition 218. He clarified that the City did experience a reduction by $1.4 million in the general fund to meet the contractual obligations. He indicated that the Council could go into the reserves, but there is litigation pending which is not covered by the JPIA, which require that some reserves be retained a cushion, and noted that he would not recommend going into those funds. He reminded Council that other options are being investigated, but there. are no simple solutions. He indicated that he too was sorry that the parks were closed, but;_ staff is looking at other options for use of the water truck or cooperation with, the Water District. He clarified that the JPIA's highest recommendation was,_ that if there was not money for maintenance, the best way to reduce risk was to fence and close the parks. 4) Indicated that with regard to Tuscany Hills, the City Council, 4 or 5 years ago approved the closure with the understanding that the streets are not capped and not dedicated. He noted that it came to Council because a significant number of people wanted to view fireworks and the homeowners requested the closure to prevent trash accumulation and other problems. He further indicated that since that time the closure was approved administratively. He commented that the fee for the officer is paid by the homeowners and not tax dollars. Mayor Pape questioned the Stadium Grant Deed. City Attorney Leibold indicated that the City has held legally vested title since 1993 and the new grant deed is a PAGE TWENTY -SIX - CITY COUNCIL MINUTES -JULY- 8,..1997 clerical issue confirming the reconveyance; but the City has owned it all along. CITY COUNCIL COMMENT Councilman Alongi commented on the following: 1) Indicated that Tuscany Hills is swept by the City and paid for by taxes; and this is the first time he has heard of the Council voting initially and not having the matter come back to Council for further direction. 2) Welcomed newly appointed City Manager Watenpaugh and City Attorney Leibold. 3) Thanked the Lake Elsinore Storm for the fireworks display on July 5th. 4) Congratulated the developers for their interest in keeping the parks open, but noted one developer who came to the podium has not provided any assistance. 5) Noted that the Downtown Business Association put up the money to keep the City park open; rather than former Councilman Dominguez as identified in the paper.:. 6) Addressed the Press Enterprise story regarding their support of the first tax for Lake/Parks and Police, but not for the Senior Center He indicated that he was concerned with combining the figures together, and stressed the importance of having designated funds. 7) Addressed closure of parks and read the minutes, detailing the motion for approval of staff recommendations. He indicated that the minutes did not say close the parks on July 1 st, as there was no date for closure. He stressed that the Council did not vote on a date to close the parks. He further noted that the Council just passed on the 1997 -98 budget. He indicated that he is not sure what it costs to keep the parks open at this time. He stressed that parks are the most important service in the community, and concurred t hat it was risky, but CFD's and bonds are also risky propositions. He expressed concern that the Council gives all taxes to businesses like Walmart, the theater, etc.; and noted that the Council has to make the end decision based on whether they are willing to risk funds and open the parks. He addressed the chair of the Committee and indicated that the measure won't pass, but questioned where the money will come from if it takes 12 to 18 months to get the money after the vote. He indicated that the Council can make the decision to go into the reserves and he does not care what Mr. Gunn or anyone else has to say. He reiterated that the parks should come out of general fund and not special taxes; and Council should stop giving taxes away. PAGE TWENTY -SEVEN - CITY COUNCIL MINUTES JULY 89 1997 8) Noted a Press Enterprise article on the budget, with regard to a $500,000 transfer to the Stadium to cover the shortfall; this amount does not mention the payment on the Stadium. He reiterated that the parks were closed illegally, as the Council did not vote on it; and noted a letter from a 10 year old. 9) He noted the comments on the State and County taking taxes; and indicated that it has happened to a lot of cities, but the problem in Lake Elsinore was caused by bad investments. Councilwoman Brinley commented on the following: 1) Responded to Councilman Alongi and noted that the item on Tuscany Hills road closure was passed five years ago and indicated that she was surprised. that he had not brought it to the Council's attention to be addressed. 2) Requested that the City Attorney address the legality of closing parks. City Attorney Leibold concurred that it was within the purview of the Council with a vote of the majority to proceed. She clarified that if a majority of the Council moves approval and supports the action, the action prevails. Councilwoman Brinley commented that the Council did not want to take this action, but without the dollars to operate it was necessary; and reiterated that the Council did noting against the law. 3) Compared the JPIA to going to a doctor and being offered a decision to make. She indicated that while it was not necessary to close the parks, it does put the City at a higher risk factor if they were not closed. 4) Thanked the developers, noting that they are working diligently with the Council to keep the parks open. She further noted that the -Mayor was working with the Water District to see if a lower rate can be obtained to maintain the foliage and trees. She again thanked the developers and others who have stepped forward to work with the City. 5) Addressed the general fund, and indicated that while Councilman Alongi criticizes, he has presented no solid solutions to solve the problems. She clarified the Lighting and Landscape Maintenance District and the expense of supporting the parks. She noted that Lake Elsinore had one of the nicest park systems in the County; and while it does break hearts to close the parks, Proposition 218 does require public approval of funding for the parks. She further noted that 4 parks are open at a 50% level at this time, but not to the standards of organized sports. She indicated that the Task Force has received a lot of letters and input in developing a new measure which is more palatable for the public; and proposes giving the consumers a selection of -what they are willing to pay for. She stressed the responsibility to the community to vote; and noted the 1997 -98 budget which will leave only $1.3 million in the reserves to address fires and other emergencies as well as PAGE TWENTY -EIGHT - CITY COUNCIL MINUTES - JULY�891997 .: pending litigation which is coming to an end. She stressed the need for reserves for major unforseen issues; and commented that the responsibility of the Council is being taken seriously. She indicated that Council is trying to find solutions to keep the parks open the best way possible. She further noted meetings planned with residents to review the budget further. Mayor Pro Tern Kelley commented on the following: 1) Welcomed the newly appointed City Manager and City Attorney and noted the predicament they stepped into. 2) Noted the Internet, and indicated that she has been logging on. She further indicated that it has been fun and challenging, but noted the inconsistencies in the comments. She noted that the Mayor had breakfast at her house on Saturday and the Internet was buzzing very quickly. 4) Addressed comments by Ms. Scharff, and indicated that she is glad people are out there and angry; but questioned where they were when the effort was being made to inform people of the measure. She stressed that the mandated services are police and fire, but it would not be prudent to keep the parks open on the reserves for another two years. She stressed that the Council is looking for a permanent solution, but the solutions suggested are only bandaids until solutions are found. She expressed concern that if the reserves are used and there is a major fire, the same people would expect services. She reiterated the pending litigation and obligations of the City, and indicated that it is not as easy as it would seem. She suggested that if the parks are maintained at a substandard level, the liability would be very high, and stressed the increased liability factors. She noted the upcoming public study session on the budget and the ballot measure; and expressed hopes for. the entire community to work together for a permanent solution for the parks. Mayor Pape commented on the following: 1) Welcomed City Manager Watenpaugh and City Attorney Leibold to their new responsibilities. 2) Noted the interesting group dynamics of the room; like the people who come to the podium to throw mud and have already left the meeting. He indicated that they are only trying to plant a seed of doubt; and noted that it was disheartening to see the nasty personal attacks which do not contribute to the solutions. He stressed that the situation is drastic, and the easy way out is to keep them open and spend the money. He noted the already huge reductions in staff, which is now down to 31 employees, to offset the great reduction in revenue to the City. He stressed the need to cut expenses to prevent an unbalanced budget; and indicated that this is not new news as there was ample opportunity to become informed before the election. He noted the planned Study Session and Special Meeting next week and encouraged PAGE TWENTY -NINE - CITY COUNCIL MINUTES - JULY 89 1997 participation, but noted that there is no way to please 9,000 registered voters at once. He suggested that complaining and pointing fingers will not change anything; and stressed the importance of sticking with the plan. CLOSED SESSION City Attorney Leibold announced the Closed Session topics as listed below: a. Personnel Matter - City Attorney Contract. b. Pending Litigation - Lytle Creek - Case Number 213915. C. Potential Litigation. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:35 P.M. THE CITY COUNCIL MEETING RECONVENED AT 11:30 P.M. WITH THE FOLLOWING ACTION: 1) APPROVED THE CITY ATTORNEY CONTRACT. 2) GAVE GENERAL DIRECTION TO CITY MANAGER AND SPECIAL COUNSEL REGARDING PENDING LITIGATION. ADJOURNMENT MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:31 P.M. TO TUESDAY, JULY 15, 1997, AT 7:00 P.M. IN THE LAKE ELSINORE CULTURAL CENTER, 183 NORTH MAIN STREET, LAKE ELSINORE. :,TrX'EST: i'1CKI KAa D; CITY CLERK C ' 'v OF ILAKE ELSINORE V.IN W. PAPE, MAYOR CITY OF LAKE ELSINORE I MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA MONDAY, JULY 149 1997 [N� 1"[10 ti 11 D I '-1 The City Council Study Session was called to order by Mayor Pape at 7:10 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE Also present were: City Manager Watenpaugh, City Attorney Leibold Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, City Engineer O'Donnell, Community Services Manager Edelbrock, Public Works Manager Payne, Assistant to the City Manager Best, City Clerk Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. A & B. DISCUSSION ITEMS A. November 4 1997, Municipal Election Ballot Measure Proposals. (F:72.2) City Manager Watenpaugh reminded the Council of the consideration proposed for the last meeting and noted the extended time frame. He explained that a subcommittee of the Task Force received considerable input from the community and has put together a new recommendation for Council consideration as a menu of services with three categories for yes /no votes. He noted that the public works services have been dropped from the proposal, and detailed the new proposal and the new breakdowns. He advised that there was a mailer to committee members unable to attend, to include their input on the final proposal for a ballot measure. PAGE TWO - STUDY SESSION MINUTES - JULY 149 1997 Joyce Hohenadl, Task Force Chairwoman, noted that a lot of input was received from the community, and the Task Force considered all input submitted. She presented an overview of the reviewd community input and noted that there were six options of how to break the tax down. She advised that the Subcommittee decided on a proposal with a reduction from $2.8 million to $2.2 million. She noted the past reductions in the General Fund service levels; the increased impact of Proposition 218 on the Lighting and Landscaping Maintenance District; and ultimately the parks. She noted that the new proposal includes a six year sunset clause, at which time the revenue would end. She explained that the hope is that the other sources of revenue will increase and the economy will turn around by then. She detailed the breakout of the latest proposal, the overall breakout of each category, and the annual cost per year, per household. She noted the ability to vote on individual components of the package and expressed hopes for whole support from the citizenry. Mayor Pro Tem Kelley questioned the committees feelings on having four ballot measures on the ballot and whether it would water down the vote. Mrs. Hohenadl explained the thought was that people wanted to vote on the parks by themselves. She expressed understanding that if they were separate more people would have voted in support on Measure BB. Mayor Pro Tem Kelley noted the difficulty of getting a 66 %- 2 /3rds vote on each item. Councilman Alongi questioned whether people would not need to pay the tax after six years. Mrs. Hohenadl explained that this clause was intended to tell citizens it won't go on forever and noted that if the economy turns around there may be no further need for the tax. Mrs. Hohenadl clarified the property taxes and indicated that more homes will increase the amount somewhat. Councilman Alongi questioned where the money would come from for more police and fire. City Manager Watenpaugh clarified the intent of the advisory group and financial team with regard to further commercial and industrial growth with a more aggressive approach; and suggested that if the economy improves in six years the tax could go away, be reduced or be increased. Councilman Alongi indicated that it was misleading to say that a tax would be reduced in six years. He stated that the valuation will go up or the services will be paid by the taxes. Mrs. Hohenadl noted the possibility that there will not be a need for another vote for taxes, but the sunset clause intended to put a time limit on tax. Councilman Alongi questioned why they chose six years. Mayor Pape clarified the intent of a sunset clause was to give voters a chance to consider the issue again. Mrs. Hohenadl clarified that two to four years would not be enough time to build up revenue to assure proper funding; but they hope that in six years the commercial and industrial sites will increase. Councilwoman Brinley noted that the sunset clause will allow for a review of the programs and the funding. She stated that she Appreciate a sunset clause, as it says that the tax may not go on forever. Mrs. Hohenadl PAGE THREE - STUDY SESSION MINUTES - JULY 149 1997 noted that it is rare for taxpayers to see a tax go away. She stressed that the sunset clause tells people that there will be more input. Councilwoman Brinley concurred. Chris Hyland, 15191 Wavecrest, indicated that she already opposes this and questioned why the proposal was to put parks and recreation on one instead of separate. She stressed that the key emphasis is parks and questioned what has been allowed for structure abatement and what allowed for graffiti removal. She further questioned the wetlands maintenance for the lake and the business license measure on the ballot. She reiterated that she opposes the proposed ballot for November and will fight it vigorously. Edith Stafford, 54 Elm Street, indicated that this is more fluff and stuff and she wouldn't vote to give one red cent under the current regime. She made note of the sunset clause and questioned when taxes have ever been repealed. She indicated that things are said to make you do what they want you to do, and suggested that there are all kinds of ways to circumvent what is said today. She advised that she will also fight vigorously against it and indicated that Council will find a way to get around what they say. She noted that people should be aware of people who will say anything to get what they want and don't have any intention of doing what they say. She further stressed that the City does not need the tax because it has a surplus. John Seepe, 15631 Half Moon Drive, made note of the last couple of study sessions with the task force and stated that he was allowed to participate. He explained that they are a group of citizens who are honestly trying to develop logical solution. He further stated that he pulled papers today and indicated that the parks are the reason he choose to do so. He explained that in past discussions of ballot measures the parks have not been addressed as a separate issue. He requested that parks be separate and recreation and senior center go with the Lake and public safety. He commented on Donna Scharff and Shari Van Horn's event on Saturday and noted good input received at that meeting in regard to the use of the reserves. He further commented that he would like to make sure that the measure has the best chance to pass in November, and this would allow the reserves used to open the parks to be restored. He noted that the sunset clause will hold the politicians feet to the fire and six years is a reasonable time line. He stated that he would like to see $650,000 separated in order to restore reserves should we choose to use the reserves to keep the parks open. Dick Knapp, City Treasurer, indicated that he just went over the proposal and again, Parks & Recreation and the Senior Center are all lumped into one item with public Safety and the Lake listed as separate items. He indicated that nobody on the committee approached him and asked what he would like to see and no one told him there were two meetings. He suggested that the $31 could be broken down into Paks and Senior Center for $22 and this will get more votes than with $31.00. He indicated knows there is money in the f� PAGE FOUR- STUDY SESSION MINUTES - JULY 14, 1997 coffers and there is no need to close parks and he is not sure why we are here. Donna Scharff, 15056 Danielle Way, thanked everyone for the opportunity of working with citizens over the weekend. She questioned the measure and noted the $3.85 per month and asked that the amount be explained versus the new proposal. She indicated that she did not understand the total amount. Ms. Scharff questioned the projected growth plan for the City and stated that if the City worked with the developers to build new tracts and the developers finance the development to the parks with the burden shifted to the system for maintenance then the City would need to grow by 1,000 homes to offset the cost of maintenance. She again asked what growth plans that the City has. She indicated she has not seen a tax repealed before, however she is not opposed to paying for growth. She questioned the line item for the Lake of $350,000 and explained that she is not very familiar with some things on the list. She noted need for improved water quality and questioned the overall cost of the Lake Management Project. She commented that $350,000 was not a whole lot of money to address water quality or fish kills. She also questioned the wetlands maintenance. She asked if the taxpayers are being asked for funds which are already existing in the budget or if this is a restoration of funds. Mayor Pape made note of the questions presented and clarified the structure abatement program and explained the process the City must take if homes are not safe to inhabit and are not brought up to code. He further explained that the City will either board them up or tear down and if not addressed properly will become an eyesore and crime problem. He stressed the benefit of abatement. Mayor Pape clarified the graffiti abatement program and the work which has previously occurred. He noted that this program lends a lot to the aesthetics of the community. He explained that the business license issue will be a forth item on the November ballot and only impacts businesses in the City. He stated that the sunset clause is designed to give the voters an opportunity to revisit the item in six years or it will automatically end and at at the end of six years it will still be the same amount unless the voters say otherwise. He explained that this would be found to be more favorable for inclusion in the ballot measure. He noted that he has heard two different proposals at the podium, and explained that he realizes that everyone has their own opinion as to how the measure should be and no one can ever get it exactly right for all 9,000 voters. He addressed recreation and stated that it is included because it was part of the LLMD with the parks and the funding went away at the same time. He further explained that the community center also closed with the closure of parks and stressed the logic behind restoration of those programs. Mayor Pape made note of the people who were very active on the measure BB campaign and indicated that any one of them would be willing to explain the dollar amounts of this proposal as well Measure BB. PAGE FIVE - STUDY SESSION MINUTES JULY 149 1997 Councilman Metze requested information on the Lake and wetlands issue. City Manager Watenpaugh indicated that wetlands maintenance and operations obligation became the responsibility of the City through transfer of the easement of the Lake Management Project and now the City has an obligation to fund the operations and maintenance. Councilman Metze requested more detail in regard to the other request for funds. City Manager Watenpaugh noted Graffiti Removal and explained that it is a program which is no longer funded. He addressed the discussion of parks as an individual stand alone item and stated that it is the general feeling of community that what was done in other cities to address parks and recreation should be done here since they experienced success. He noted that the Lake was considered a stand alone. He clarified the costs of the original campaign vs. the current. proposal. He stressed that taxes were going away in contrast to past contribution from property tax. He explained that it is not one the larger sources of revenue whereas sales tax is the major factor for revenues and stressed the need to promote more business and industry. He addressed water quality and stated that $350,000 is not a lot of money for the Lake, but noted staffs endeavor to provide additional funds for the Lake based on smaller scale test projects. He noted that the purpose of the funding for the Lake is based on the intent to provide an example or experiment to show what will work for the Lake and is more like seed money which will give us the ability to go to the State for greater funding. He stated that excess revenue would have to be clarified unless the comment addresses the reserve and that is not excess. Mayor Pro Tem. Kelley questioned the Senior Center funding. City Manager Watenpaugh explained that it is currently funded with CDBG funds and explained the pass thru. He explained that currently no General Fund dollars contribute to the Senior Center and this was intended as a replacement for those funds on a permanent basis. Councilwoman Brinley noted that once the voters set something on the ballot and vote it in, the money is earmarked by law and cannot be used for any other purpose than what is designated on the ballot. She further noted that .. the City Attorney can clarify how the funds are earmarked which cannot arbitrarily be moved. She stated that the City Attorney is in route. Councilman Alongi questioned what was taken out of the measure. City Manager Watenpaugh indicated that in Measure BB there was a category called "other services" or "service retention" and based on discussions that was removed from this proposal. Councilman Alongi questioned why parks /public safety were not put on the top. He indicated that public safety is behind parks and recreation and stressed the importance of public safety and felt that parks were more important than graffiti removal and abatement. He further stressed the need for a more thorough breakdown. He noted that the funds could be spent any way Council want within each category. He addressed the Senior Center and the contribution of CDBG funds and noted that with the funds from the Measure combined with county the amount that PAGE SIX - STUDY SESSION MINUTES - JULY 149 1997 the Senior Center will receive would be $110,000. Councilman Alongi stated that we do not even know what kind of station will be built to even know how much money we will need to support that station. He indicated that $50,000 for structure abatement is ridiculous and is not enough to even start the program. He addressed the Lake and questioned how much to spend on various items and indicated that there is no money for water quality and this must be addressed as well as the cost for fish removal. He stated that if Council put a menu together for further breakdowns it could be passed, but when we compete one category against another it will not fly and the public will think that Council is only manipulated the figures and services around. He addressed the sunset clause and stated that every two years there is an election and some Councilmember will have to face the issue on a ballot. He further stated that if the public wants a six year sunset clause, then there should be a one year review because if the number of homes increase, where does the extra money go. He explained that this needs to have a one year review and discuss how much it can be reduced since these are not City dollars, but rather the taxpayer dollars. He noted the future building program of the City and the number of homes which could be built and questioned - where that money will go. He stated that a six year sunset with one year review would be O.K. Councilwoman Brinley noted if there is an annual review and a change is proposed then there would have to be a special election. She stressed that a sunset clause ends the tax. There was general discussion regarding a sunset clause. She explained that at the end of the set time Council would have to go back and review the financial situation and if necessary, to continue funding it would have to be put out to another vote. She further stressed the cost of special elections and indicated that it would be defeating the purpose with the costs of elections. Councilwoman Brinley noted upcoming projects and the potential to give everyone an equal chance to consider what has come on line in the meantime. If the Measure has a sunset clause it means that it comes to an end and if the obligation has ended, then it has to go back out to the voter for another decision. She stated that at the end of the six years the City would have a better idea of the growth as a basis for consideration. She indicated that a condition should be included, like the other Measure, with the community receiving a statement saying where the money is, how it is being spent and where the City is going. She stated that the voters would have more confidence in the Measure if this action were implemented. She commented that the public should be able to see where the money is going and how it is being spent. Councilwoman Brinley stressed that there must be choices for the community and concurred with Mayor Pape that Council will not please everyone, but they do need to go with the general consensus and get it passed for benefit of the community as a whole. Councilwoman Brinley questioned the legality of the ballot; and if a Measure is passed and funds are earmarked, are they required to be spent that way the is called out on the Measure or can the funds be spent in other ways. City Attorney Leibold indicated that the funds would have to be spent as allocated on the ballot. Councilman Alongi questioned the recreation portion and asked where the PAGE SEVEN - STUDY SESSION MINUTES - JULY 149 1997 funds would go, and if the funds could be spent on just the Community Center if Council desires that action. City Attorney Leibold stated that they could. Councilman Alongi responded to Councilwoman Brinley with regard to the Council reviewing the item and not sending the item back for review and a vote. He explained that after Council reviews the changes that have occurred they can then decide to keep the tax money or they can reduce the tax. Mayor Pape questioned if Council could arbitrarily change the figures up or down. City Attorney Leibold stated that they could not. Councilman Alongi asked if the Council reviews annually with a sunset clause and 800 more homes were added to the community which increased the reserves; could the City say that they would not collect anymore assessments. City Attorney Leibold explained that Council could decrease the amount of the assessment, without going to the public for a vote, however Council can only increase or add new fees by a vote in a general election. Councilman Alongi stressed that is the reason for a one year review. Councilman Metze further questioned a review by the Committee. Mayor Pro Tem Kelley stated that in review of the proposed ballot measure she has been checking on some things and looked at the breakdown for the parks and noted that the utility costs are funded from LLMD, but staff is funded under the recreation portion. She stated that if Council did parks and recreation as a stand alone to reduce the possibility of jeopardizing the parks; move the recreation programs, community sports and senior center as a separate category. She noted that this would let the parks stand alone, however it would include the community center, operations and maintenance. She suggested moving the first line up and shift categories. She clarified the new category and stressed the choice without jeopardizing the parks vote. Mayor Pape noted the recreation category would be very small with that consideration. He suggested that information be presented at the meeting tomorrow. B. 1997 -98 Fiscal Year Bud eet. (F:30.1) City Manager Watenpaugh noted that Council was here for input on the _ budgets and noted that the City has hired a financial advisory team for short,,, and long term financing goals. He stressed the commitment to the team to get the financial plan on the right track. He gave an overview of the proposed General Fund, Capital Projects, LLMD, Lake, Park & Recreation, Stadium and RDA Budgets for a total of $17,942,750. He noted the General Fund Reserve projections, and detailed project reserves. He further noted the resolution for the budget, a summary by division of 1997 budget and the differences in those departments. Donna Scharff, 15056 Danielle Way, asked if the City has a government approved accounting system and noted her disappointment with the format of the meeting since it is hard to have a dialogue when she must wait for her answers. She stated that if the City has a government approved accounting system, is there a disclosure statement for closure of the books annually and n PAGE EIGHT - STUDY SESSION MINUTES - JULY 14, 1997 who is the governing agency for the City. She asked if the City had make any amendments to the accounting system and if so, she would like to see the changes made. Chris Hyland, 15191 Wavecrest, questioned the Lake and Park & Recreation supply figures and what they are for. She explained that when she spoke before she failed to ask where the funds for the State Park are addressed and asked how the park will be paid for. She stated that Mr. Watkins has sold all the equipment and questioned how the City will maintain it. She again questioned the Special Department supplies. Edith Stafford, asked if the audit for 1996 -97 has been done and asked for the name of the auditing company. She requested details of those supplies and stressed the need further details. Dick Knapp, City Treasurer, was hoping for more time to review and discuss the measures, but noted that the meeting was set up to be voted on regardless of who addresses the issues and what is said. He noted front page of item #37 regarding General Fund Revenue projections for a carryover of $2 million and explained that he did some calculations on the $5.3 million in the saving account on April 30th and noted the deductions at subsequent meetings from that account. He noted remaining balance and stated that there is enough there to keep the parks open. He stated that he could ask a lot more questions. John Seepe, 15631 Half Moon Drive, stated that he was going to relinquish time to Mr. Knapp to speak, but in answer to the question regarding the audit, the City needs 30 to 45 days to get all the documents in order to close the financial year and start the audit with reports in October time frame. Shari Van Horn, 133 South Massachusetts, stated her support of Donna Scharff and questioned the wetlands and where they are at in order to better understand what is being discussed and asked for clarification of this item. She noted that the citizens pay the Council to take care of the City and agrees 100% with Councilman Alongi that the parks need to come out separately. She commented that with only three items to vote on and listed together it will fail. She requested a list of the bids for park maintenance and asked how many times during the year does the City go out to get bids on the maintenance. She indicated that the bids are a lot cheaper than what the budget says. She questioned reimbursement for structure and graffiti programs and questioned why the City did not put the homeowners' backs against the wall regarding structure abatement and tear some houses down, then they will wake up just like the citizens of the community did when the parks were fenced. She indicated that she spoke with Mark Dennis regarding offers to put water on the parks and to this date not one City Councilmember has gotten back to him on those proposals. She stated that she hoped for answers and solutions. PAGE NINE - STUDY SESSION MINUTES - JULY 14, 1997 Mayor Pape asked the City Manager to answers the questions that were posed tonight. City Manager Watenpaugh indicated that the City has an approved accounting system with an annual audit. He stated that the auditors have made an initial visit and will start by Sept. 2, with completion by the end of October. City Attorney Leibold explained that the City operated under the Laws of State of California and the Lake Elsinore Municipal Code. City Manager Watenpaugh stated that there have been no changes in the Accounting system over the last couple of years. He indicated that staff is working on two different areas regarding the State Park. One effort is to ascertain what it would take to bring up the Park to Code in phases and examine the potential revenue; and the other effort is to investigate doing a RFP for private operation and potential generation of revenue. He noted that he does not have a breakdown of the Special Supplies account, but he would be glad to provide a printout of the expenditures that this account covers. He stated that in the Lake Budget, Special Supplies would be for testing, and chemicals specific to Lake operations. City Manager Watenpaugh indicated that there will be a breakdown with regard to agenda item #37 presented for approval tomorrow night. He stated that he can provide a copy of the agreement for maintenance for the wetlands and noted the location. He explained that it must be maintained in perpetuity.. He further explained that the City does an annual bid for park maintenance and operation, however we do not go out for bid mid year. He noted that the Tuscany Hills Homeowners Association felt that they could do their landscaping for less so the City did go out to bid. City Manager Watenpaugh questioned the term of the contract. Public Services Manager Payne indicated that it is a five year contract renewable up to five years. He noted that it is currently with Excel who is doing Lake Elsinore, Temecula and Murrieta. City Manager Watenpaugh questioned the maintenance of lights. Public Services Manager Payne explained that traffic signals maintenance is done by a company out of Orange County for an annual contract renewable up to five years. City Manager Watenpaugh indicated that he is aware of the proposals frojn Mr. Dennis. He stated that he has discussed this with Mr. Dennis. and I14r. Hoagland. He noted that at the last EVMWD. Board meeting tl ^y added an item to address options to assist the City with water. He fiurther noted that the discussion went into other issues such as ballot measures and the :Board decided all items discussed other than water were not part of the issue, however they would be willing to work with the City regarding water issues. He explained that the option was presented to the City that if we wish to put up collateral, EVMWD would loan the City the water thru December, if the bill was not paid in December, the City would give EVMWD the property. He stated that it has not been addressed as to whether the City would be interested in taking this action. Pape noted the Structure Abatement program and indicated that we do put a lien on the property for the expenses incur and receive the funds back when the lot is sold. He further noted that City dollars are tied up and it is necessary to fund from the budget because payback time is uncertain. Councilwoman Brinley commented on the necessary legal steps to get the money back. W PAGE TEN - STUDY SESSION MINUTES - JULY 14, 1997 Councilman Alongi questioned Lake/Parks & Recreation budget and asked if Lake Management project was included in this budget item. City Manager Watenpaugh stated that it was not. He noted that the funds came from the RDA budget for Lake Management. Councilman Alongi indicated that the loss on the Lake is not $119,000, but more. He questioned the Stadium revenues and budget and asked whether it includes the annual payment or if that is found in the RDA budget. City Manager Watenpaugh stated that the bond debt not included in the presented figure. Councilman Alongi stressed that this is the reason for the problems with the parks. He addressed the budget for Community Services /Senior Center and stated that he doesn't understand why the $80,000. City Manager Watenpaugh questioned the exact numbers for County reimbursement on CDBG. Community Services Director Sapp indicated that the County reimbursement is based on allocation in our budget. Councilman Alongi questioned $30,000 allocated by the Council. Community Services Director Sapp explained why the amount went up. City Manager Watenpaugh indicated that it balances out the actual $80,000 budget. Sapp indicated that the City portion is $49,700 plus the County allocation nears the $80,000 figure. Pape noted the time spent with staff and pointed out that nearly every category is down. Councilman Metze questioned clarification of wetlands for tomorrow evening. ADJOURNMENT THE STUDY SESSION WAS ADJOURNS ATTEST: VICKI KASAD, CITY CLERK MINUTES .. ADJOURNED REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 15, 1997 CALL TO ORDER The Adjourned Regular City Council Meeting was called to order by Mayor Pape at 7:09 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Bill Clark and Boy Scout Troop 99. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, Public Works Manager Payne, Community Services Manager Edelbrock, Assistant to the City Manager Best, City Engineer O'Donnell, Building and Safety Manager Russell and City Clerk Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 31, 32 and 33. MOVED BY METZE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADD ITEM NO. 34 TO THIS AGENDA FOR DISCUSSION AND POSSIBLE ACTION ON PARKS. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADD AN EMERGENCY ITEM NO. 4 TO THIS AGENDA REGARDING A REQUEST FROM THE WOMEN'S CLUB FOR SUPPORT OF THEIR EFFORTS IN GAINING DESIGNATION OF THEIR BUILDING AS A CALIFORNIA HISTORICAL LANDMARK Mayor Pape noted that he would call a short break following item no. 33 of this agenda and those persons requesting to speak on parks may notify the City Clerk of PAGE TWO - CITY COUNCIL MINUTES - JULY 159 1997 their desire to speak at that time. He reminded the audience of the three minute limitation per speaker, and noted that with the large number of people in attendance conversations in the audience would cause significant interference with the speakers. City Attorney Leibold noted the need for other added items on the agenda being cancellation of the City's Custodial Maintenance Contract as Item #35 and consideration of adding a Closed Session matter to this agenda. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADD ITEM NO. 35 TO THIS AGENDA REGARDING CANCELLATION OF THE. EXISTING CUSTODIAL MAINTENANCE AGREEMENT. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO CONSIDER MATTER FOR CLOSED SESSION AND DETERMINE WHETHER THE PROPOSED ISSUE SHOULD BE DISCUSSED. Councilman Alongi noted the large number of children in the audience for the parks issue and suggested moving that matter to the beginning of the meeting so they can go home earlier. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO MOVE ITEM #34 TO THE BEGINNING OF THE BUSINESS ITEMS. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2 and 3 MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special City Council Meeting - June 10, 1997. b. City Council Study Session - June 47 1997. (F:44.4) 4. Approved request from Women's Club for a letter of Support for their efforts to gain California Historical Landmark designation for their building. (F:108.1) PAGE THREE - CITY COUNCIL MINUTES - JULY 159 1997'' BUSINESS ITEMS 34. Emergency Consideration of Park Fundine. (F:114.1) City Manager Watenpaugh noted recent discussions with residents and Council's interest in consideration of an emergency item. He commented on the elimination of the parks budget as a result of Proposition 218, and noted that the costs presented are accurate with the exception that they do not include bringing back full time staff. He indicated that it would not be realistic to bring back full time staff for only four months. He reiterated that the figures do not represent replacement of City staff, but would allow for a continuation with Excel Landscaping under contract. Joe Arreola, 15060 Zieglinde, indicated that he would like to clarify issues toward moving together to a Community goal. He noted a flyer circulated in the Community and applauded the effort of activism, but questioned where the distributors were prior to the June 3rd election. He further noted comments in the flyer and indicated that the fall sports programs have already been accommodated by the School District; and expressed a wish that the distributors would have checked on the information first. He indicated that the money has already been spent on fences and suggested they should be left up until November until a solution has been approved. He concurred with the flyer in that he feels the City should work with the Water District to provide adequate water to protect the landscaping. He stressed the need for residents to become part of the solution and suggested that the attendance at this meeting shows that people woke up. Kim Quon, 3524 Lake Crest Drive, noted a news article by Sandy Stokes and indicated that it put this issue succinctly and detailed the financial shortfalls. He indicated that the RDA payments, Diamond Stadium, etc. are as much as 2 to 4 times the cost of keeping the parks open. He noted the financial difficulties people experienced in the early 90's when they started giving things back, and suggested giving the Lake back to the State and getting rid of the Diamond. He expressed concern with the City honoring contracts rather than keeping the parks open. He noted the overwhelming supportive vote for keeping the parks open and indicated that it is impossible to get two thirds of anyone to agree on any one thing. He indicated that everyone who wanted the parks open did vote to support Measure BB. He expressed pity for Councilmembers up for election in November and suggested that their actions are political suicide. Robert Schiffner, 33450 Walham Place, indicated that he didn't want to talk or hear about the choices made or not made on this issue, as everyone must have a preference. He indicated that on this issue he has chosen to be in favor of using some portion of the reserve funds to keep the parks open to some degree until the Election. He further suggested putting off a decision on PAGE FOUR = CITY COUNCIL MINUTES - JULY 159 1997 what to do with the fences until after the election. He indicated that he does not care for taxes, but thinks it is important to take the risk, and find some way to keep the parks open until November. Harold Rothfuss, 15153 Versailles Street, noted that he is a grandfather raising his grandchildren and has been a resident only six months. He noted that there is now no where to take his grandchildren to play. He indicated that the lake water stinks. He fin-ther indicated that he voted Yes on Measure BB and was proud to do so; and stressed his interest in seeing the parks remain open until the November Election. Elizabeth Rodriguez, 3689 Linnet Drive, indicated that she has been a resident for 11 years and spoke on behalf of her 4 and 8 year old children and her 89 year old father. She indicated that the Council should "do the right thing ". Jackie Jones 143 N. Woodlake Road, indicated that she is a 3 year resident and somewhat naive about City government, but does have basic. understanding of being in the black and being in the red. She indicated that she does not understand the value of the Diamond or Walmart and questioned what the City is getting back from them. She questioned the amount of sales tax received from Walmart; and who determined that there would be a 2 /3rds vote requirement in Proposition 218. She indicated that she could not see how the City could go so far over budget and approve of doing so. She indicated that she is a renter and does not feel the burden of taxes should fall on the homeowners alone; and questioned why the City would not run the taxes through with the electricity, as it would be more evenly divided among the residents. She noted that her son wants to know why he can't go to the park and exercise like he used to. Noelle Blouin, 663 Highlands, indicated that she came to this meeting for clarification of the City's insurance status and who made the decision that the parks needed to be closed. Bump'n Bob, representing the Grandfather Motorcycle Club, indicated that his organization is dedicated to helping the needy and suggested that closing the parks was a terrible crime. He indicated that he was pissed off and hoped the rest of the constituents were as mad as he is. He further indicated that this is a sad situation and it is wrong to treat children this way. He commented that he wants his son to have the best of the valley; with the community taking care of kids the way his group does. He indicated that if this is about money, the Council should be ashamed of their actions. Donna Scharff, 15056 Danielle Way, thanked Councilman Metze for keeping his promise. She apologized to Mr. Arreola for inferring that youth sports are not available, but she was not aware that it was resolved in the last 24 hours. PAGE FIVE -'CITY COUNCIL MINUTES - JULY 15, 1997 She indicated that the people have spoken and expressed hopes that the Council's hearts and minds would be open. Donald Kerch, 505 N. Ellis, introduced his sons and indicated that they need the parks open. He questioned the potential liability of kids not having parks to play in. Ace Vallejos, 15231 Cobre, noted that he is a property owner within City limits. He indicated that he would support a temporary measure to keep the parks open to some degree. He questioned the measure for November and commented on the replacement tax for what is missing to replace the money taken away from the parks in total; and suggested that the rest is smoke and mirrors. He stressed the need to go back to the basics and replace only the $650,000 or less, because people can not afford to pay taxes for everything at once. He further stressed the need to propose something that people will vote together on, but don't fund anything in full until after November. Dick Knapp, Elected City Treasurer, asked why the Council has destroyed the community parks, and noted that they are dry and turning brown very fast. He indicated that four Councihnembers, City Staff, the former City Attorney and the former City Manager forced a measure on the electorate for $84 when $25 would have sufficed. He suggested that there could have been two more elections on the issue, but noted that he found $650,000 in the new budget carryovers. He suggested that the stubbornness to force the issue has gone to a level of insanity and the community is falling apart. He indicated that the City has the money for a fall year and should not have gone this far in the first place and nothing should have been shut off. He stressed the need for a vote in support of this emergency measure for one full year, noting that he could knock $500,000 off the new budget right now. Cindy Ogle, 17184 Shrier, noted that she has visited Lake Elsinore since she was a little girl and questioned where people will go now. She questioned the use of the funds and stressed the need to reopen the vote on this issue. Alan Whysong, 15076 Laurel, indicated that he was appalled that the Council could not look people in the eye with the exception of a few. He indicated that he has seven children and they need a safe place to play. He indicated that his son just finished softball, but he is not sure he will get to play next year; and must go across town to play football in another jurisdiction. He suggested opening and keeping the parks open. Rick Wernli, indicated that he is a coach with the Lake Elsinore Valley Soccer Club and presented his team members to give the problem faces. He indicated that this group represents both the future and the present of soccer in Lake Elsinore. He indicated that the park closure just killed the season, because it is difficult to find a place to practice. He noted the facilities being .uV, PAGE SIX - CITY COUNCIL MINUTES JULY 15, 1997. used in the interim and the difficulties with those facilities. Leroy Tucker, 3532 Cherry Blossom, congratulated Mr. Watenpaugh on his new position. He indicated that he wanted to believe there was a misprint in the paper regarding Mr. Metze's promise to a group of residents. He noted prior comments by Councilman Alongi regarding using the emergency fund to keep the parks open; and suggested that could have occurred several months ago. He indicated that he doesn't take sides on the issue, but he does know that it hurts the kids. He indicated that he has voted for every one of them at one time or another and stressed the need to do something to address this issue. John Seepe, 15631 Half Moon, noted the June 17th Study Session at City Hall and the discussions at that meeting. He concurred with Mr. Vallejos that the concern arose out of the $650,000, and other concerns should have been put aside. He further noted that on June 17th the Mayor suggested putting Fire Stations as a separate issue and now the Lake is being similarly considered. He suggested putting the parks on as a separate issue. He indicated that if it is necessary to go into the reserves for the parks, he thinks it is warranted. He indicated that if the parks open soon it will make his attempt at election-more difficult. He noted a $4,000 check from the Downtown Business Association and indicated that Granny's Kitchen was a big part of that, but she has not received one thank you for their effort. He encourage people to thank her. Edith Stafford quoted City documents regarding the City's accounts and indicated that the Council has not bee straightforward and up front with the facts. She indicated that Measure BB was an attempt to extort $2.8 million from the taxpayers. She noted the balances in the General Fund from April 30th to present. She indicated that the City has the money to open the parks for a year. Helena Holman indicated that she was appalled that the parks were even an issue, as they are a vital part of Lake Elsinore. She indicated that she would like to see the parks covered by the general fund in the future; and considered as important as any RDA funds or other programs. She addressed Mrs. Scharff and indicated that she was very impressed with her. She noted that she has seen Councilman Alongi trying to get the rest of the Council to use emergency funds for a while now. She indicated that the parks should have never been closed, as they are an obligation of the Council to the residents. Dale Hite, 115 N. Kellogg, thanked Mrs. Scharff and her husband for opening their home to allow for a discussion of budgets. He indicated that when he attends a Council Meeting he runs the risk of loosing his job. He further indicated that he hopes the new measure is written well enough to pass. He questioned the budget and indicated that keeping parks closed was not an PAGE SEVEN - CITY COUNCIL MINUTES - JULY 159 1997 option. He suggested fundraising events to offset the City's other funds. He indicated he has heard a lot about what the Council will not do, but stressed the need to invest funds to get some in return. Mike Mena, 31671 Willow View Place, indicated that he is very disappointed by the closure of the parks, but can not point fingers at the Council. He indicated that it was very clear in the election that the funds were needed to keep the parks open. He noted that everyone wants to see the parks open, but questioned what happens in a major emergency. He stressed that the closure was the fault of the City residents who did not support Measure BB. THE CITY COUNCIL MEETING WAS RECESSED AT 8:11 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:27 P.M. Gayland Long, 16506 Kiwi Way, indicated that he just moved to Lake Elsinore and heard the parks would be closing. He indicated that he did not believe the parks could close, but apologized for not voting on Measure BB. Dorothy Metze commended the Council for the stand they have taken thus far, in being prudent with the reserve funds.. She encouraged continued prudence in considering whether this was an emergency situation. She encouraged Measure BB supporters to agree to put their money where the votes are, noting a "Penny for the Parks" drive and suggested public support to send a message to the Council on the use of emergency funds. City Manager Watenpaugh detailed the losses over the last 3 or 4 years and indicated that the City is still in the position of loosing funds, but continuing to have services mandated.. He stressed the State take backs and noted the difficulty for local governments to supply services. He further stressed the City's budget reductions, outsourcing and contracting for services to reduce the expenditures; and reiterated the efforts to maintain existing reserves, improve the financial status and credit rating. He detailed the efforts of the Revenue and Services Task Force and their findings with regard to the need for a new revenue source. He stressed their belief that there should be consideration given to items other than the parks. He further stressed the potential needs for the reserve funds in the case of fires, floods and lawsuits. Mayor Pape noted that the parks are a very emotional issue, but stressed that the advisors are telling the Council to be mindful of their other responsibilities. He stressed the need to look six months or a year down the road. City Attorney Leibold reiterated the concerns for funding needed for pending litigation. She stressed that the outside potential liability currently exceeds the proposed reserve fund. She indicated that while there is no statutory I PAGE EIGHT - CITY COUNCIL MINUTES.- JULY 159 1997 , requirement for the reserves, there are underlying levels required for the City's financing efforts. She noted comments regarding the contractual obligations of the City and indicated that to breech those obligations would only multiply the City's liability, via court fees, attorney fees and other damages. She stressed the need to honor inherited contracts. Councilwoman Brinley requested more information on the values of pending litigation.. City Attorney Leibold offered to compile that information. City Manager Watenpaugh indicated that the Lytle Creek litigation regarding the wetlands carries exposure of $1.9 million and the Sportsman's Lodge suit is for $1.3 million. City Attorney Leibold concurred, but noted that these are only two of the cases to which the City is a party.; Councilwoman Brinley stressed that those cases were inherited by this Council, Mayor Pape noted that this discussion is a matter of short term solutions vs. long term solutions. He explained that the issue is now the period between now and November and November to next July, and noted that most of the comments presented only consider the next four months. Councilman Metze noted that he has historically been opposed to the use of reserve funds, but believes the last election opened a lot of eyes. He concurred that the Council did inherit a lot of the problems on this issue. He indicated that the Council was asked to deal with the City's financial situation and that was much of the basis for his stand on use of the reserves, but in this instance he was trying to be flexible and urge cooperation. He noted that the "Pennies for the Parks" approach might be helpful and with the effort from the Community could raise some money. He commented that the parks should stay up until November, but he would be in favor of some money being allocated to allow the kids to play at the parks. He indicated that a utility tax is not an option because the citizens did not support it. -: He noted that Walmart and the Outlet Center jointly generate well over $1 million dollars a year. He indicated that he is not opposed to finding a figure amenable to the insurance to make the parks available to the kids. Councilwoman Brinley commented that the Council has inherited some deep problems to solve. She addressed the Grandfather's Motorcycle Group and indicated that the Council has never opposed the efforts of that group, and stressed the past support of their efforts. She stressed the liability risk factors and indicated that the parks have never been fully funded by the general fund. She indicated that she was in the community when there were no parks, except City Park, Swick - Matich and Yarborough Park. She noted that she addressed the issue when she was on the Planning Commission; and it was not an easy decision to close the parks she helped bring to the Community. She questioned the Walmart and Outlet Center sales tax further. City Manager Watenpaugh clarified. Councilwoman Brinley noted other projects and their generation of sales tax PAGE NINE CITY COUNCIL MINUTES - JULY 159 1997 and stressed the improved quality of life and shopping opportunities. She addressed Mrs. Scharff and noted the comment about saving $500,000 and noted that based on past discussion, she knows Mrs. Scharff to be a negotiator of contracts for Hughes Corporation, to find ways to lower the costs. She also noted Mrs. Scharfi's suggestion about working with other communities; and while the Council had no problem with looking at that, it would not help this year's budget. She stressed the Council's efforts to be accessible and meet with people to promote better understanding, and reiterated that this was a very difficult decision and noted her children and grandchildren's use of the parks. She encouraged residents to verify the figures presented with a City budget available at City Hall_ She expressed concern that while it was difficult to communicate with every resident, the Council has been discussing this issue for the last 18 months. She stressed the cost of the pending litigation, the potential dangers of depleting the reserves and the need to address emergency situation. Mayor Pro Tern Kelley responded to the questions from the audience regarding the 2 /3rds requirement set by Proposition 218, and reiterated that this was a requirement of the proposition. She noted that the developer agreements were inherited by - this Council, the Stadium Contract is being renegotiated and the State does not want the Lake back. She indicated that a Utility Tax could be passed on a simple majority, but noted the failure of the Murrieta measure. She explained her understanding of the liability should the parks remain open; and stressed that the 2 /3rds vote was a mandate of Proposition 218. She indicated that the only tax that could pass on a simple majority is a City special tax such as utility tax like Murrieta was defeated on. She concurred that a Utility Tax impacts everyone equally. She noted comments from the speakers and requested clarification of the way that the Insurance Authority operates. Mr- Watenpaugh explained the JPIA Insurance pool of dollars which are predeposited, and detailed the premiums and reductions in cost this year. He clarified that the JPIA was asked to respond to a question regarding the liability and recommendations if the fences were to be closed. He further clarified that while they provided recommendations, it was not a JPIA decision to close the parks, but rather a City decision based on the potential for risk. Mayor Pro Tem Kelley reiterated that it is logical if the parks cannot be maintained and there are no lights at night the liability would be tremendous. She also noted the potential for vandalism. She addressed Mrs. Scharff and questioned where she was when people were requested to come forward, and noted that her skills would have been helpful. She inquired whether Mrs. Scharff went to the polls, and expressed hopes that she did. She stressed that the ballot measures are intended to address replacement of funds which have gone away. She noted comments by City Treasurer Knapp regarding a carryover and requested clarification from City Manager Watenpaugh. Mr. Watenpaugh indicated that the reports received by Mr. Knapp are not yet completed for the fiscal year. He clarified with some numbers which are not yet in the possession of n * ,� 1§ PAGE TEN - CITY COUNCIL MINUTES- JULY 159 1997 Mr. Knapp and detailed the cash pool, the reductions since May 1 st, and the reserve estimate at June 30th. He provided extensive detail on the General Fund projects, proposed budget and required transfers. He reiterated that the last fiscal year has not yet been completed and not all receivables for June have been received. He indicated that the projections appear to be about $100,000 off at this time. Mayor Pro Tem Kelley questioned the use of reserves for emergencies and the types of items they have been used for in the past. Mr. Watenpaugh detailed the uses over the last 3 to 4 years, and noted that the funds from flood claims are being reimbursed. Mrs. Kelley questioned the flood expenses. Mr. Watenpaugh advised that much of those expenses were for providing sandbags and assistance to private property owners, which are generally items for which the City fronts the costs and is later reimbursed. Mrs. Kelley questioned what could be done without those up front costs. Mr. Watenpaugh indicated that the level of services provided would need to be reduced. Mrs. Kelley addressed Mrs. Holman, and indicated that since 1989 the LLMD has maintained the parks, and the City is not financially able to draw them back into the General Fund. She indicated that mandated services are Police, Fire and Street Maintenance, and stressed that the budget is bare bones, with significant reductions in services. , She stressed that Proposition 218 was the "straw that broke the camel's back "; and that was what forced the Council to form a Citizen's committee to study the budget and hold the last election. She noted that only 3,000 of the 9,500 registered voters chose to show up and voice their opinions. She stressed the countless attempts to get people to get educated and go to the polls. She noted the current requests to dig into the reserves and commented that some will support the new measure and some will not. She stressed the Council's responsibility to address the important issues and meet legal obligations. She reiterated that the only place for movement of the funds in the reserves and stressed the potential for emergency situations requiring those funds. She indicated that she has pledged to work for long and short term solutions to address the inherited obligations; and indicated that it would be irresponsible to deplete the reserves, particularly with no guarantees for November. She stressed the need to come together as a community to find solutions and develop the future of the Community. She noted that Mr. Gunn is working on the Bond pool and has advised Council that they need to protect the reserves. She indicated that the Water District has offered options for reduced rates on water, but not free water. Mr. Watenpaugh noted that the City's Sulphur Well is being used to water the trees and shrubbery. Mayor Pape noted that most of his comments have been made and noted an editorial in the Press Enterprise on June 10th:" He indicated that the City would welcome volunteers to help with the water truck in watering the parks. He commented that the Council is currently faced with the decision between what is financially best and what is politically popular. He noted the costs to get to November and questioned the funding between November of this year PAGE ELEVEN - CITY COUNCIL MINUTES - JULY, 159 1997 and July of next year, and quesitoned where the dollars would come from. He stressed that short and long term solutions are needed. He indicated that he ran some numbers and could bring back the parks to the level the developers are funding at this time He explained that McVicker Park is the most expensive to maintain and Swick- Matich is used by the youth groups, but the youth groups have found other locations and are still able to play. He suggested leaving those two parks out, and working with the remaining four parks; to open for four months at a minimum level, with grass watered and mowed less, at a cost of about $27,000, which would be .a reasonable impact and not put the City at undue risk. He stressed the need to maintain reserves; but indicated that even with a compromise, it is not possible to please everyone. He noted the criticism of past Councils on financial matters, and now this Council is being faced with being prudent with the capital left in reserves. He noted the past interest in a movie theater and the public interest on that issue which forced the Council's decision. He questioned the best option in this situation. Councilman Alongi indicated that he brought a 1980 -81 budget and noted the: tough decisions. He noted that the Council at that time found the most important thing to be the public parks, and stressed that the General Fund paid for parks at that time. He advised that in that budget 13% was given to parks and recreation. He stressed what it took to make the community function at that time; and expressed surprise at some comments by Mrs. Kelley. He suggested that the Council was blaming others for past mistakes, while Walmart is receiving $7.5 million a year, dealing with CFD's which are not the public's responsibility and worrying about lawsuits. He quesitoned why there was negotiation on the Stadium when the City is loosing $2 million a year on it. He indicated that other actions are irresponsible and this is not a request to deplete the reserves. He suggested that this was getting into scare tactics again. He suggested possible areas for reductions in cost and suggested that it would cost $29,000 a month to maintain all nine parks. He suggested taking the money out in monthly increments. He indicated that the developers indicated that they would keep the parks open, but this was a very self serving effort to put money in their pockets. He indicated that he can sympathize with the comments by staff, but stressed the impact on children and the community. He noted the expenditures by the prior Council and questioned where the City Manager and City Treasurer were at that time. He stressed the need to plan for now, not for the future. He indicated that Media One should have been televising this meeting as it is the most important meeting we will ever have in this building. He addressed the Committee and indicated that they did a fine job in the Community, but they built up too many animosities against those who voted no on Measure BB. He indicated that they would have gone for the parks only in June and the rest of the services later. He noted a recent opinion page and indicated that it is easy to criticize when they don't have any information on the budget and what can be done legally. He commented that Mayor Pape's option is discriminatory to suggest maintaining one park over another park; and indicated that if any park ..'� PAGE TWELVE -CITY COUNCIL MINUTES - JULY 15, 1997 is opened, they should all be opened. He suggested that in the future the Council should put the parks back in the General Fund where they belong and then the Council will be more careful when approving new parks. He indicated that Council needs to tell the City Manager to proceed and wait to see the results of the November Election. He expressed hopes for more dollars in the future and indicated the Council should not gamble with the funding for parks. Councilwoman Brinley indicated Council never gambled with the parks. Mrs. Brinley requested clarification on the K -Mart funds. City Manager Watenpaugh provided clarification of the dollars committed to Camelot Properties and noted that those funds would not cover a major fire. Councilman Metze questioned the situation with the developers keeping the parks open and what the developers would do. City Manager Watenpaugh suggested that if money was found, there would be a question of why they should assist and they might back off from that assistance. Councilwoman Brinley further questioned the potential for continued participation by the developers; and indicated that before making a decision she would like to assure that the development community would continue to participate. City Manager Watenpaugh apologized, but noted that the Tuscany Hills park would be funded by Colrich Homes for only one month, but noted that they would fund at the 50% operation level to save the grass. Councilman Metze noted that the point of this discussion would be to get something going tomorrow, and suggested looking at a 50% level for all parks with a $45,000 commitment, and when that it used up, have staff return to Council for direction. He indicated it was important to let people know that they need to get out and work so the City can provided matching funds. Councilwoman Brinley questioned the potential of the developers deciding tomorrow to let the City cover every park. `Mr' Metze clarified his proposal with regard to the need for fundraising; and suggested a lesser amount than proposed by Councilman Alongi, but more than proposed by Mayor Pape. Councilwoman Brinley questioned whether the fences would remain. Mr. Metze indicated that they need to be kept up due to the cost of removal and reinstallation. Councilman Alongi questioned Tuscany Hills and whether the gates would be locked. City Manager Watenpaugh clarified that they would want the gates locked to preserve the shrubbery and grass. Councilman Alongi indicated that he is discussing all of the parks and suggested that $29,000 is a reduction in the monthly amount and keeps the parks open at a 30% level. He noted that it is only three months until November, and suggested that the Council should let the citizens decide on what they want. Mayor Pape indicated that July 15th to November 15th is four months. Councilman Alongi clarified his proposal. There was general discussion of the replacement funds as proposed. MOVED BY METZE TO ALLOCATE $45,000 TO MAINTAIN PARKS AT PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 15, 1997 A 50% LEVEL WITH GATES OPEN AND FENCES REMAINING UP, WITH THE CITY MANAGER TO RETURN WHEN THE FUNDS ARE USED UP; WITH THE FUNDS RAISED BY THE COMMUNITY TO BE SPREAD EVENLY OVER THE PARKS AND THE CITY TO MATCH FUNDS THRU THE END OF NOVEMBER TO KEEP THE PARKS OPEN. MOTION DIED FOR LACK OF A SECOND. MOVED BY ALONGI TO SPEND $29,000 A MONTH TO KEEP THE PARKS OPEN. MOTION DIED FOR LAW OF A SECOND. CA- Mayor Pro Tem Kelley questioned Mr. Metze's motion. Mr. Metze clarified his proposal for fundraising. Mrs. Kelley inquired whether there was an update on Mr. Summers efforts. Mayor Pape indicated that he spoke with him today and so far there has been very little support from the Community and he received a call which suggested that he suspend his efforts until after this meeting. Mrs. Brinley inquired who made that call. Mayor Pape indicated that was not an important factor. MOVED BY PAPE, SECONDED BY KELLEY THAT SINCE SOME OF THE PARKS ARE SUPPORTED BY DEVELOPERS, STAFF BE DIRECTED TO CONTACT THEM FOR CONTINUED SUPPORT OF THE PARKS AND THE CITY PROVIDE THE SAME SERVICES CITY WIDE TO MAINTAIN THE PARKS EXCEPT SWICK - MATICH AND MCVICKER, WHICH WOULD BE ABOUT $27,000 AND ALLOT THAT MONEY TO GET SOME OF THE OTHER PARKS OPEN, PROVIDE WATER AND USE AT A MINIMAL LEVEL FOR FOUR MONTHS. Councilman Alongi questioned whether Tuscany Hills would still be fenced and locked; and whether the intent was to discriminate against use by youth sports groups. Mayor Pape indicated that the youth groups are playing at other facilities. Councilman Alongi indicated that it is not the responsibility of others to provide for the youth sports; and indicated that it only took the Council ten minutes to pay a $500,000 debt that it was not necessary to pay. He indicated that the City has the funds, and suggested allocation of $100,000. Councilwoman Brinley inquired whether the intent would be to address five parks or all of the parks. Mayor Pape indicated that it did not include the parks supported by the developers or the sports parks. Councilman Alongi inquired how the parks could be used. Mayor Pape noted the potential uses at parks such as Machado. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH ALONGI, BRINLEY AND METZE CASTING THE DISSENTING VOTES. MOVED BY METZE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ALLOCATE $45,000 TO MAINTAIN PARKS AT A 50% LEVEL WITH GATES OPEN AND FENCES REMAINING UP, PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY: 15, 1997 . WITH THE CITY MANAGER TO RETURN WHEN THE FUNDS ARE USED UP; WITH THE FUNDS RAISED BY THE COMMUNITY TO BE SPREAD EVENLY OVER THE PARKS AND THE CITY TO MATCH FUNDS THRU THE END OF NOVEMBER TO KEEP THE PARKS OPEN Councilman Alongi indicated that he would second this motion rather than beating a dead horse. 31. Second Reading Ordinance No 1031 - Swimming in the Lake. (F:92.1) Mayor Pro Tem Kelley requested that this item be pulled for an additional reading on the swimming issue. She noted meeting with Supervisor Buster after an earlier meeting with some residents around the Lake; and explained that some verbiage was changed a bit. Councilman Alongi agreed that this item should be continued and brought back for review of all proposals and discussion with legal counsel. He indicated that he would like to discuss this matter in closed session with regard to legal exposure. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE REGULAR CITY COUNCIL MEETING ON TUESDAY, AUGUST 129 1997. City Manager Watenpaugh requested clarification of the direction to staff. Councilman Alongi requested that the matter be brought back for discussion of the legal options. He suggested discussion in closed session on August 12th. 32. November 4 1997 -Municipal Election Ballot Measure. (17:72.2) City Manager Watenpaugh noted that representatives of the Citizen's Task Force were present to discuss their recommendations. He explained that the proposal was for a menu ballot in three different categories. Task Force Chairwoman Hohenadl noted that she was sorry that so many people left the meeting and stressed their need for support of this ballot measure for the November 4th Election. She explained that the intent was to address the total of $1.6 million being lost by the City, which would cover the rollback and maintain current general services. She stressed the efforts put forth for support of Measure BB and the options discussed by the Task Force to gather input for a reasonable option to address everyone's concerns. She further stressed that she also passionately wants the parks open, as she walks in them every day. She detailed the three menu categories being proposed and the monthly cost breakdowns. She explained that if all three are approved the total cost would be about $69.12 per year or $5.70 per month. She further explained that the Task Force is requesting a six year sunset clause to allow for future reconsideration.. She reminded the public that the Task Force would remain to oversee the use of the funds and provide PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 15, 1997 a statement on the use of the funds. She indicated that interested parties could obtain more information from City Hall and encouraged everyone to vote. Marilyn Schiffaer, indicated that she is not on the task force, but suggested that there be four categories rather than three; keeping parks & community center separate in a category of its own. She explained that this would give everyone a chance to vote for or against the parks and if the services are lost the responsibility will be on those who vote. Donna Franson, appealed to residents with regard to progress of the City, but noted the State take -aways from all California cities. She suggested that instead of turning anger toward the City, it should be focused on the State, even though it is easier to get to the locals. She noted the potential that the State will go to the cities again to balance their budget; and indicated that many cities are trying to solve problems the same way this City is. She stressed the need to vote on the measures to get on the right start. She suggested that the six year sunset clause is like an insurance for the future. She noted the positive factors in the community and suggested that people really find out about the City and its operations, and indicated that staff is willing to share any needed information. Chris McColley, Vice -Chair of the Citizens Task Force and Chair of the Yes on Measure BB Committee, noted the new proposal with community input. She stressed the efforts to incorporated feedback from the extensive efforts of Measure BB in this proposal, and detailed the efforts to get the word out and obtain input. She expressed belief that this recommendation is a more fine tuned proposal because of increased input and refinement. She indicated that they don't just want the supermajority approval, but they want to address as many needs as possible and address the most prevalent concerns. She noted that the tax has been reduced by one half million dollars and includes the fire station, with a menu selection for the voters. She stressed the importance of becoming informed and voting in November. Chris Hyland, 15191 Wavecrest Drive, indicated that she has never heard so much garbage in her life; and noted that many signatures were obtained for the recall petition as a result of this evenings actions. She indicated that she is opposed to the ballot proposal and will work vigorously to defeat it. She addressed Parks and Recreation, and indicated that she must have missed something and hoped every citizen in Lake Elsinore realizes that this measure is in addition to the things already in the general fund. She questioned the Senior Center and the proposed funding, and questioned how much is going to youth and teen programs. She indicated that if there is not a measure for Parks only, the measures will fail and she will do her part to assure failure. John Seepe, 15631 Half Moon Drive, noted that he has already said several times and submitted a petition suggesting that the Measure be for $650,000 is PAGE SIXTEEN- CITY COUNCIL MINUTES - JULY 159 1997 . -1 , with the parks broken out. He indicated that this proposal is much better and more proper than last time. He expressed appreciation for the opportunity to participated and indicated that it was a beneficial relationship for both sides. He thanked the Task Force and indicated that everyone has the right to vote, but the last measure was too all inclusive. He reiterated that he would like to see the parks presented separately, but indicated that he will not openly oppose the measure. James Gray, 15259 Mimosa Drive, thanked the committee for getting on the right track with the tax issue. He noted that if everything passes, in six years the $2.3 million will become $5 million, and indicated that there is a need for a linear decline to adjust for growth or shorten the time of the sunset clause and adjust the tax rate for growth.' He indicated that at present he will only support one of the three factors; but if the sunset clause is reduced to two years, he will support this tax measure 100 %. He stressed the right of the people to have control over taxes. Joe Arreola, indicated that he was at the study session last night and one item was a reduction in this tax. He clarified that it could be reduced yearly, but could not increase without voter approval. He concurred with the proposed annual review of the tax, and indicated that would like that review to know what the programs will costs. He expressed confusion with the comments by Mr. Vallejos, since he does not live or vote int he City. Councilman Alongi noted that Mr. Vallejos owns property in the City. Mr. Arreola addressed Mr. Seepe and indicated that for those with children parks and recreation are one and the same. Councilman Alongi concurred with the comments by Mr. Gray and Mr. Areola on the distribution of funds and indicated that he feels the committee information was important and should have been heard by the Community. He indicated that the Council should make a point, that if it is going to change the meeting date, then Media One should at least record the meeting for later broadcast. Mayor Pro Tem Kelley thanked the Committee for their proposal, and expressed concern for ending up with facilities and no money for operations or funding. City Manager Watenpaugh suggested that with regard to what the funds are for, they could be broken down into exactly what they would go for; but explained that the only way to guarantee the distribution is to explain regularly what it will be spent for, because not enough verbiage is allowed in the measure to clarify further. There was general discussion of earmarking the funds and the annual reporting as proposed. Councilman Alongi indicated that if the Measure when with the thorough breakdown, it would get his vote with no discussion at all. He further indicated that he would like to see the Fourth of July events increased to the normal amount of expenditure. He reiterated his support for the itemized PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 159 1997 approach as part of the menu. Councilwoman Brinley indicated that the figures are fine as they are. Mayor Pape questioned what happens if the Council locks in on specific items. City Manager Watenpaugh suggested that the balances and expenditures would be reported quarterly by staff, with an opportunity to go back to the public if it is not working. Councilman Alongi indicated that with the breakdown as discussed there would be an excellent chance of approval. He indicated that staff is quite capable of budgeting the necessary services. Councilman Metze concurred with the breakdown and indicated that the annual review is fine. He pointed out that "Special Enforcement" needs to have some flexibility to address the concerns in a given time frame such as gangs or burglaries, etc. Mayor Pro Tem Kelley noted that parks and recreation are tied together and are intertwined. She commented that she understands the proposal but it is scary because the parks at risk. She stressed the need for a 100% commitment to get the proposal passed. Councilman Alongi indicated that if the Council agrees to this type of menu detail the measure stands a chance. _: Mayor Pape requested clarification that with the format as proposed plus the recreation breakdown that Councilman Alongi would support the ballot measure. Councilman Alongi indicated that with what Mr. Watenpaugh has provided he will support the ballot measure to let the people make the decision. He indicated that he would still like to see an increase in the July 4th funding. He reiterated that if it is placed with the explanation as proposed, it will have his support. He indicated that he disagrees with the 80,000 for the Senior Center, and detailed the areas with which he is in agreement. MOVED BY PAPE, SECONDED BY BRINLEY TO ADOPT RESOLUTION NOS. 97 -44 THRU 97 -46 PLACE THE BALLOT MEASURES ON THE NOVEMBER BALLOT AS RECEIVED FROM THE CITIZEN'S TASK FORCE WITH THE COMMUNITY SERVICES BREAKDOWN AS FOLLOWS: Community Center Operation Personnel Services Materials and Supplies Marketing & Promotion (includes postage) Training & Education Equipment Maintenance & Repair Travel and Meetings Total Operating Expenses Capital Improvements (1st year - air conditioning) $70,000 $ 4,000 $25,000 $ 500 $ 500 $ 1,000 $101,000 $ 35,000 t, , :, PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 159 1997 Special Events Halloween Carnival $ 1,500 Easter Egg Hunt/Children's Fair $ 2,000 Holiday Tree Lighting $ 500 Holiday Boat Parade $ 250 Breakfast with Santa $ 500 Winterfest $27,000 4th of July $30,000 New Special Events $42,250 Total Special Events $1049000 Youth Diversion Programs Kids -on -Track $40,000 - Teen Program $40,000 Total Youth Diversion $80,000 TOTAL $320,000 RESOLUTION NO. 97 -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE'CALIFORNIA, CONSOLIDATING A BALLOT MEASURE WITH THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1997, FOR SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY RELATING TO THE IMPOSITION OF A SPECIAL TAX TO FUND CERTAIN GOVERNMENTAL SERVICES (PARKS & RECREATION) RESOLUTION NO. 97 -45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSOLIDATING A BALLOT MEASURE WITH THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1997, FOR SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY RELATING TO THE IMPOSITION OF A SPECIAL TAX TO FUND CERTAIN GOVERNMENTAL SERVICES (PUBLIC SAFETY SERVICES) RESOLUTION NO. 97 -46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSOLIDATING Az BALLOT MEASURE WITH THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1997, FOR SUBMISSION TO THE QUALIFIED PAGE NINETEEN - CITY COUNCIL MINUTES - JULY 159 1997 ELECTORS OF SAID CITY RELATING TO THE IMPOSITION OF A SPECIAL TAX TO FUND CERTAIN GOVERNMENTAL SERVICES. (THE LAKE) Councilwoman Brinley indicated that this breakdown is in the moderate zone and staff has a good key on the use of the money. She requested the inclusion of a statement to the public with regard to how the funds will be spent in the annual budget. City Attorney Leibold clarified that this breakdown can't be part of the ballot measure due to the word count limit. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Adoption of 1997 -98 Fiscal Year Budget. (17:30.1) City Manager Watenpaugh noted last night's study session on the budget and noted the breakdowns by account. He provided a breakdown of the projections for year end on June 30th, the projected revenues, transfers to reserves on June 30, 1998. He noted that staff has made a number of reductions including cutbacks and layoffs and will be restructuring at an upcoming goals and policies study session. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97 -54 ADOPTING THE FISCAL YEAR 1997 -98 CITY BUDGET. RESOLUTION NO. 97 -54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1997 -98 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH HEREIN. 35. Cancellation of Existing Custodial Maintenance Contract - Award of Contract to Second Lowest Bidder. (F:68. 1)(X:50. 1) THE CITY COUNCIL MEETING WAS RECESSED AT 11:16 P.M. THE CITY COUNCIL MEETING RECONVENED AT 11:24 P.M. City Attorney Leibold noted the approval of the existing contract in January to the lowest responsible bidder; however the contractor underbid the contract and has had several months of correspondence indicating that they were loosing too much money. She indicated that the contract will be ending on July 27th and the City would be left without janitorial services. She explained that the proposal is for two contracts. PAGE TWENTY - CITY COUNCIL MINUTES - JULY 159.1997. ; Community Services Director Sapp noted that the situation is that the primary provider has issued a 30 day notice and staff has tried to rectify the situation, but it is now in the City's best interest to terminate effective July 27th and enter a contract with the second bidders for the City Facilities and the Stadium. He detailed the costs which would be a savings overall with the closure of the community center. He indicated that it will be necessary to absorb about $6,000 into this year's budget. Mayor Pape questioned the ability to escape the contract without penalty. Mr. Sapp indicated at this point it would be possible. Councilman Alongi questioned the monthly operations cost for the community center. Community Services Director Sapp indicated that the operating budget for 1996 -97 was $ 117,000 including staff, materials and supplies. City Attorney Leibold noted that the findings will come back in the form of a Resolution regarding the public necessity. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY j` UNANIMOUS VOTE TO ACCEPT ABM'S CANCELLATION NOTICE EFFECTIVE JULY 279 1997; AWARD THE CLEANING CONTRACT FOR THE DIAMOND STADIUM TO BECHTEL MAINTENANCE SERVICES OF TEMECULA, AWARD THE CLEANING CONTRACT OF CITY ' FACILITIES TO R & B BUILDING MAINTENANCE OF TEMECULA AND DIRECTED STAFF TO EXECUTE THE AGREEMENTS AND SECURE REQUIRED DOCUMENTATION FROM BOTH FIRMS. ITEMS PULLED FROM THE CONSENT CALENDAR 2. Resolution No 97-55 Confirming_ Placement of Weed Abatement Costs on the Pro pea y Tax Roll.(F:116.1) 3. Resolution No 97 -56 Confirming Placement of Nuisance Abatement Costs on Proped Tax Roll. (F:32.4) Councilman Alongi questioned the deadline for notifying the County on the placement of abatements on the taxes. Building & Safety Manager Russell indicated that the deadline for notification is August 10th including this Resolution. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 97 -55 AND 97 -56: RESOLUTION NO. 97-55 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF PAGE TWENTY -ONE - CITY COUNCIL MINUTES - JULY 15, 1997 THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. RESOLUTION NO. 97-56 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. THE CITY COUNCIL MEETING WAS RECESSED AT 11:30 P.M. THE CITY COUNCIL MEETING RECONVENED AT 11:32 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Kim Quon, commented that it is obvious from this meeting that the Council's credibility and confidence are on the line. He indicated that public safety is first and foremost in the budget. He fwther indicated that if this ballot measure is to pass with 2 /3rds it will be a difficult, uphill battle to begin with. He expressed difficulty . in understanding if the Outlet Center and Theaters are money makers, why there is a shortfall to be addressed. He stressed the need to get out an tell the people why the Measures are needed. He suggested that renegotiating of agreements such as the Outlet Center would go a long way toward increasing credibility. John Seepe noted when someone tries to participate and be responsible, they are asked questions by the press. He indicated that he gave an answer that was incorrect; and noted that he left out Councilman Alongi as one of the two Councihnembers with listed phone numbers. He indicated that it was not intentional and apologized for the misstatement. CITY MANAGER COMMENTS No Comments. �k ,.V PAGE TWENTY -TWO - CITY COUNCIUMINUTES - JULY 159 1997 . r CITY COUNCIL COMMENTS Mayor Pro Tern Kelley had no comments. Councilwoman Brinley commented on the following: 1) Addressed the comments by Kim Quon and noted that Redevelopment Agency contracts are set for 20 years, while the baseball team is only a five year contract. Councilman Alongi commented on the following: 1) Noted that he was accused of being on the Council when the closure of Summerhill was approved; and indicated that the item was never before the Council in 1992. He noted a letter from Tuscany Hills requesting the closure, a letter from the Police Department which indicated that it does not meet the criteria for closure. He suggested that Councilwoman Brinley needs to be careful of what is said. Councilman Metze commented on the following: 1) Addressed Mrs. Franson and indicated that he agrees wholeheartedly; and noted that he tries to get the word out. Mayor Pape had no comments. CLOSED SESSION City Attorney Leibold noted the need for a Closed Session under the provisions of Government Code 54956b.2 to determine the authority to meet in Closed Session; and noted the need for a unanimous vote to consider the item as an emergency item. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 11:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 11:44 P.M. City Attorney Leibold announced that by unanimous decision of the City Council they had decided to meet in Closed Session under Government Code Section 94546b.1, regarding pending litigation. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 11:44 P.M. THE CITY COUNCIL MEETING RECONVENED AT 12:17 P.M. AND IT WAS ANNOUNCED THAT STAFF WAS DIRECTED TO RESPOND TO ANTICIPATED AND THREATENED LITIGATION. PAGE TWENTY -THREE - CITY COUNCIL MINUTES - JULY 15, 1997 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 12:18 P.M. W 9VIN W. P PE, MAYOR CITY OF LAKE ELSINORE ATTEST: J VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE u MINUTES JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 5, 1997 re. 1 M K�Z� The Joint Study Session was called to order by Mayor Pape at 3:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commission Chairman Wilsey. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PRESENT: COMMISSIONERS: ABSENT: COMMISSIONERS: ALONGI, KELLEY, PAPE, BRINLEY, METZE (Councilman Metze arrived at 3:15 p.m.) BARNES, SANDS, WILSEY NONE MATTHIES, SCHIFFNER, Also present were: City Manager Watenpaugh, Special Projects Director Molendyk, Community Development Director Leslie, Public Works Manager Payne, and City Clerk Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS A request was received to address Item Number 2 and deferred to that discussion. DISCUSSION ITEMS U 1. WRCOG Solid Waste Management Program & District. (F:163. 1)(X:108.13) City Manager Watenpaugh introduced Joyce Marshall. Joyce Marshall, representing WRCOG, noted that this discussion was initiated in the early 90's when compliance with AB939 and its unfunded mandates became an issue. She explained the original proposals for material recovery PAGE TWO - STUDY SESSION MINUTES - AUGUST 5, 1997 facilities, discussion of forming a sanitation district, etc. She noted that there was specific concern with issues such as control over tipping fees, assessment of District fees on property taxes, the amount of funding required, etc. She highlighted a cooperative study which sought to identify the amount of unfunded liability, and advised that policies were established to set aside reserves to cover the costs. She noted that there is now serious concern with some cities who have raised the issue of importation fees on waste, as they are being impacted by trash coming through communities with no offset for the impact on their roads and communities. She advised that the WRCOG Executive Committee directed preparation of the packets which were provided with a summary of the pros and cons. She indicated that the pros outweigh the cons and detailed factors from each perspective. COUNCILMAN METZE ARRIVED AT 3:15 P.M. She advised that each of the WRCOG cities has been found to be in compliance with reaching the goals for diversion of waste. She noted the impacts on existing and future landfills and the current inequity between unincorporated areas and incorporated cities. City Manager Watenpaugh noted that the matter will come back to the WRCOG board in the future and has come up as to how the Board might be restructured. He suggested the Council review the report so a response can go to WRCOG. Mayor Pape questioned the stance taken by other cities. Ms. Marshall indicated that all of the cities who have reviewed the proposal have supported it, with the exception of Moreno Valley who reviewed the proposal but had questions on liability which need to be followed up on. Riverside and Banning have taken a wait and see attitude, and a number of other cities have not yet considered the issue due to budget issues. Mayor Pape noted that Norco has been a leader in this effort. Ms. Marshall indicated that is probably due to the fact that the Mayor has served on the subcommittee of the executive committee and understands the issues in a lot more depth. Councilman Alongi questioned existing contracts for trash and what this issue has to do with the City. Ms. Marshall indicated that it is the issue of liability, which is only an issue if one of the landfills becomes a superfund cleanup; at that point there is liability for the generator, the operator and the hauler. Councilman Alongi stressed that the City has no say as to where the hauler takes the trash. Ms. Marshall indicated that most contracts include that information. Mr. Alongi indicated that our contract does not include that information and questioned the City liability and appropriate concerns. Ms. Marshall clarified the liability as a "generator" of waste. . Councilman Metze questioned how many cities have been held liable. Ms. Marshall indicated that no cities have been held liable in Riverside County; and clarified the State and Federal level mandates. PAGE THREE - STUDY SESSION MINUTES - AUGUST 5, 1997 Councilman Alongi questioned the down side. Ms. Marshall indicated that other jurisdictions could make the decision for the City. City Manager Watenpaugh questioned the mandate for 1994 to reevaluate future participation in two years. Ms. Marshall clarified the past actions and the two year review period which is underway. Councilman Alongi questioned what would happen if Eagle Mountain was not approved. Ms. Marshall indicated that it would be difficult to say, as it is a private landfill, and noted that San Bernardino County has decided to privatize all of their landfills. She further noted the impact of that action on the calculation of the tipping fee. Councilman Alongi questioned the responsibility of CR & R on this matter. City Manager Watenpaugh indicated that their issues are the generation of trash and CR & R is only obligated to carry it away. Planning Commissioner Barnes noted the liability to dispose of the waste properly. City Manager Watenpaugh noted that the City would have a say in the amount of tipping fees. Councilman Alongi noted that it is difficult to believe that the Mayors of other cities would agree to raise the fees. Councilman Metze questioned why the haulers are not included in this discussion. Ms. Marshall indicated that a hauler cannot annex into the District, but they are very much aware of the discussions. Mayor Pro Tern Kelley questioned the project annexation fees. Ms. Marshall indicated that the fees are the fair share of $3,100 in application costs, survey fees, environmental assessment fee. Mayor Pape clarified the need for a concerted effort. Ms. Marshall confirmed. Commissioner Barnes questioned the reference to the Board of Supervisors and why the Board would not be made up of representatives of the governing bodies. Ms. Marshall indicated that it could be done that way, but that would mean a 15 member board. Mayor Pro Tern Kelley questioned the shortfall of funds and whether the City would become responsible for those fees. Ms. Marshall indicated that it would most likely impact the tipping fees. Mayor Pape questioned the information available to estimate the costs to close down a facility when necessary. Ms. Marshall that it would generally be possible to get a very good perspective. Mayor Pape questioned if there was a target date, and whether the fees could go down. Ms. Marshall indicated that they could go down, but it could have a negative impact. Councilman Alongi noted that the trash collectors would be the best informed to make determinations on tipping fees. Ms. Marshall noted comments by Mr. Fahrion of CR & R at the Canyon Lake City Council discussion of this topic. 4 1 ;,y PAGE FOUR - STUDY SESSION MINUTES - AUGUST 5, 1997, . Councilman Metze questioned whether the liability of hauler would be reduced by City annexations to the District. Ms. Marshall clarified the potential of liabilities, and noted that the liability for residents taking waste to the landfill could fall back on the City. Mayor Pro Tem Kelley questioned how many cities have annexed to the District. Ms. Marshall indicated that none have yet, but listed the cities which have taken a position of support. Mayor Pape suggested that there is not much down side to this action. Councilman Alongi inquired if there would be a meeting with the Mayors to discuss the issue further. Ms. Marshall indicated that the WRCOG Executive Committee would be discussing the issue further. Mrs. Kelley indicated that the Executive Board has not yet discussed this item. City Manager Watenpaugh indicated that most of the City Managers have met and are in support of the proposal. Ms. Marshall indicated that the Executive committee has reviewed the proposal extensively. Mrs. Kelley indicated that no decision has been made, but it has been discussed. Mr. Watenpaugh indicated that the Board is looking for input from the cities, and it appears that more are leaning toward joining than not. Ms. Marshall stressed that WRCOG is not pushing this issue, but presenting the information. Councilman Alongi stressed that he wants input from CR & R and legal counsel. Commissioner Sands questioned the feeling of the CVAG cities. Ms. Marshall indicated that they don't see a need to participate at this time, because they will only be dealing with it on a contractual basis. Councilman Alongi stressed that he would like input from the new City Attorney. City Manager Watenpaugh questioned the Council's direction for bringing information forward. Councilman Alongi indicated that he would still like information from CR & R, to find out what they are liable for; as well as a letter from the City Attorney. 2. Alberhill -Lake Elsinore Snorts and Entertainment Complex. (F:131.1)(X:150.2) City Manager Watenpaugh introduced the project and noted the past general discussions. He advised that there are different partners involved now, and noted that this is one of the 5 or 6 projects being handled by Mr. Molendyk during the transition. Mr. Molendyk detailed the location of the site and noted that it involves about 1,000 acres. He pointed out an aerial photograph of the location and noted a 1986 study completed by Riverside County. He noted that this location was one of the properties considered at that time, but they could not reach an agreement with the existing property owners. He explained that the last discussion of this project was on May 18, 1995, and in the meantime the TT Group has taken over this project. He advised that many of the environmental issues have been reviewed and the applicant would like to proceed to the Planning Commission on August 20th and the City Council on PAGE FIVE - STUDY SESSION MINUTES - AUGUST 5,.1997 September 9th. He explained that they are seeking a development agreement with the City to allow them to proceed with a real race date schedule. Tony Polo, Avalon Consultants, detailed the project boundaries. Mayor Pape noted that it is a pretty mountainous area. City Manager Molendyk noted the scarring on the mountain, and Mayor Pape concurred that right now it is wasteland. Mr. Polo noted the long history of mining back to early 1900's with coal, and pointed out the location of strip mining operations. He noted the areas which were cleared in the late 1980's as a preventative measure; and a recently burned area. He advised that in 1985 before the Riverside International Raceway was closed, Riverside county wanted to find a replacement site. He noted that there was a major feasibility study of all of Southern California, which looked at four locations in detail; and concluded that Alberhill was the best site. He indicated that the property owners, the Biddle Family, could not put together a project. He further indicated that Brighton Homes did a lot of work on a project at this location, and had an adopted project at that time. He noted the expense of the prior proposed project; and indicated that this group started the process over two years ago and indicated that the reason the new proposed project works is the reduced structural coverage, which results in the mitigation costs being greatly reduced. He presented the proposed site plan and noted that the percentage of coverage is fractional. He noted interest which has been expressed by driving schools. He pointed out the location of the 15,000 seat amphitheater which is modeled after the Hollywood Bowl. He detailed the racing components of the project and noted the section which were prepared with regard to the mountainous sections of the site. He stressed the significant topographical relief of the site. He noted the configurations of buffer areas to the raceway areas; and explained the ability to visually follow a full road course event. He advised that there would be limited changes to the skyline, and noted that it would be difficult to save the major hills on the site after the past mining operations. He detailed the proposed golf course, country„ club, tennis courts, condominiums, etc. He noted that they would hope that the condos would be purchased by companies for marketing purposes. He advised that there will be up to 12 major events under the approved studies, and noted efforts to minimize the impacts of noise and traffic. He finther advised that the marketing study specifies a starting year crowd of 35,000 at the largest event, with a maximum of 65,000 at maturity. Special Project Director Molendyk commented on the past support of this concept; and noted that there will be all right hand turns into this facility, so the rest of the community is not as heavily impacted. Mr. Polo detailed the traffic plan with six and eight lane roads; and noted the differences between this project and the approved Brighton Homes project which would have generated 53,000 additional trips. He explained that the goal of this project was to limit commercial, industrial and residential factors, reducing the trips to about 65 %. He advised that Caltrans has estimated that the traffic will be 70 % from the L.A. Basin, 25% from San Diego and 5% over the Ortega Highway. He advised that there will be highway directional signage to have most traffic bypass Lake Street and use Nichols road. Mr. Molendyk noted that the project site will accommodate parking for about, PAGE SIX - STUDY SESSION MINUTES - AUGUST 5,.1997 1 9, 0000 vehicles. Mr. Polo fuuther detailed the traffic patterns and noted that the exit is designed to release only as much traffic as the system can handle during the worst peak time events. He noted that this is a unique situation in that this site is adjacent to an under utilized freeway. He indicated that the region will see a significant impact reduction on air quality issues, which would cause it to be viewed favorably under CEQA guidelines. He noted the specificity of CEQA with regard to noise issues; and indicated that they have met all standards. He detailed the closest neighbors to the project and indicated that they are easily within the limits of the General Plan and noise ordinance. . Mr. Molendyk clarified that mitigation reduces the concerns for the other developments, as all criteria is being met. Mr. Polo advised that they had a biological study done, which showed the unpleasant fact that there are a number of Gnatcatchers, but they are moving forward with a habitat conservation plan with fish and wildlife. He further explained difficulties in mitigating issues with coastal sage scrub. Councilman Alongi questioned the timing for completion of Nichols Road. Mr. Polo presented a plan for opening year with Nichols Road and noted the requirement for Lake Street to serve on an interim basis. He further detailed the proposed traffic flows and volumes; and the ultimate road buildouts. Mayor Pape requested clarification of the first phase of the project.. Mr. Polo indicated that everything on the site plan except the industrial/commercial and hotels will be completed in the first phase. Mayor Pape inquired whether the golf course and amphitheater will be in the first phase. Mr. Polo confirmed. Mayor Pape noted the positive impact these amenities will have on the community. Councilman Metze questioned the impact of this Amphitheater on the Stadium. Mr. Polo indicated that it will have a larger seating capacity. Mayor Pape noted the potential for different types of concerts in the amphitheater; and suggested that the two compliment each other. Special Projects Director Molendyk noted that it is easier to spread concert costs over 15,000 seats, and noted that this will increase flexibility. Mayor Pape questioned the anticipated first race day. Mr. Polo noted that most promotor want to see financial commitments and grading prior to committing. Mayor Pape inquired when they would start moving dirt for this project. Mr. Fabmy indicated that some commitments are in place for financing already and they are ready to move as soon as entitlements are received. Mayor Pape inquired if this matter went to the first City Council Meeting in September, when would they be moving dirt. Mr. Fahmy indicated that it will begin a fee weeks after approval is obtained, and noted that they have been involved for only a year on this project. Community Development Director Leslie clarified that in addition to City PAGE SEVEN STUDY SESSION MINUTES - AUGUST 5, 1997 entitlements, they will need approvals from California Fish and Game and U.S. Fish and Wildlife, noting that there is some ability to reclamation on that site already. Mayor Pape noted that he was told it would take about 6 months for 50 earthmovers to complete the project. Mr. Polo confirmed, and explained that the bulk of the work with be to fill the disturbed ravines. Councilman Metze questioned the status of the Environmental Impact Report. Mr. Polo noted that most people assume that there will be an E.I.R., which would be the case on blank land with no existing entitlements, and explained a comparison process based on the completed studies. He explained that typically the special studies are not done up front, but the most difficult issue to address will be noise. Mr. Metze noted that drag racing would be the biggest noise impact. Mr. Polo concurred but explained the site configuration further. Councilman Metze noted that the original proposal had a lot of positive, but the concern was the noise factor. Mr. Fahmy further commented on the configuration of the drag strip. Special Projects Director Molendyk noted the technical studies, but reminded the Council of the contour of the site; and pointed out that with the environmental review there will be work on a long term development agreement. Planning Commissioner Matthies questioned the area above the drag strip, and whether it will disturb the Gnatcatchers. Mr. Polo noted that most of the Gnatcatchers are along the freeway only. Mr. Polo also noted that the Pomona Fairgrounds is the NHRA designated site and they will have all the major events they want, but this facility will only get two regional qualifying events, or two days of the really loud events. He indicated that people will hear them for miles on the weekend, a couple of times a year; however it will not be an obvious noise factor. Planning Commissioner Schiffner questioned the possibility of having a relief map of the project to share with the public.- Mr. Polo indicated they could provide a model or a prospective wire frame of the site in relation to elements of the project. City Manager Watenpaugh inquired if it would be possible to computer generate the dimensions on the aerial photograph. Mr. Polo indicated that a graphic artist is working on a prospective and will have a wire frame soon. Councilman Metze concurred that there would be benefits to having a model of the site. Mr. Schiffner suggested an exaggerated vertical scale. Councilman Metze inquired if the developer was encouraged by the success of the raceway in Fontana. Mr. Polo stressed the large number of fans in Southern California. Mr. Polo noted that this is a situation where the landowner will also be the promoter and noted the success of the Penske facility. He finther noted that this project will be nice because of the variety of venues. Mr. Schiffner questioned what part of the project will exist at the first event. Mr. Fahmy indicated that they plan to start with the racetrack only, followed by the residential portion and the golf course and the rest falling into place after that. He finther indicated that they will start with the oval and the road racing course. Mr. Polo added that from a CEQA standpoint they need to look at the worst case scenario, which .a# PAGE EIGHT -STUDY SESSION MINUTES - AUGUST 5, 1997 would be to disturb the whole site from day one. Commissioner Sands questioned the traffic impact and whether it would necessitate closing the golf course for the 12 events a year. Mr. Polo indicated that it would not be necessary, and stressed that the design of the project will be so that people living in the area will not need to go around on a race day. Mayor Pape noted the dedicated entrance serving the condos and golf course. Mr. Sands further questioned the potential for closing the course 12 days a year. Mr. Molendyk clarified that they would most likely not close the course, but might even schedule a golf tournament concurrently with a major race. He reiterated that the traffic will not force closure of anything planned for the project. Chris Hyland, noted that some of her questions were answered; but expressed hopes that the developer was coming with their own money and not asking for RDA monies. She indicated that she would not suggest counting on an assessment district. She questioned the competition between this project and the Penske Fontana facility. Mr. Polo clarified that this is a different facility for the bigger participants. Mrs. Hyland questioned what happens with conflicting events. Mr. Polo indicated that there are generally not race fans across the board, there are a variety of interests; with Penske being a major NASCAR and cart racing facility. 1 He noted studies which convinced the-TT Group that this facility will pencil out financially. Mayor Pape further noted the different types of racing. Mr. Molendyk noted that there are different seasons in racing and they would generally not overlap, and pointed out that this developer intends to stand on their own financing and make the improvements required for the project, while looking down the road if the City or other property owners wanted to form an Assessment District, they would be willing to look at it. He stressed that they are prepared to get the work done to open the project. Mrs. Hyland questioned why it would be an Assessment District. Mr. Polo indicated that they are proposing an assessment district; with only the people in the District being the major property owners adjacent to the project. Mr. Molendyk noted that this project is not in the Redevelopment Agency Project Area, so he did not see how the RDA would be involved. Mrs. Hyland noted that she lived in West Garden Grove and when Long Beach had their races they could hear the noise; and differed with the comments on noise. Mr. Polo indicated that the noise would be heard at a background level during the 12 major events. He stressed that the project has hit the most restrictive target with regard to noise. Mr. Molendyk confirmed and indicated that the noise would not be any more than what the people hear every weekend on the Lake. Commissioner Sands questioned Staff and Council regarding the zoning for the commercial and industrial. Community Development Director Leslie indicated that the zoning on the property is the Specific Plan, currently a residential specific plan. He explained that what is being proposed, is to take forward an amended specific plan to create a new land use designation or zoning to allow for the uses. He noted the discussion of a model for the project and noted that PAGE NINE _ STUDY SESSION MINUTES - AUGUST 5, 1997 there may be difficulty having such a model prepared in two weeks fro the Planning Commission Meeting, or even in five weeks for the City Council Meeting. Commissioner Schiffner indicated that he was thinking of a model over a period of time, while the project is ongoing. Mr. Fahmy indicated that they intend to develop a model for the entire project, as it is a good idea. Mr. Polo indicated that the work is underway and it would be available for the Planning Commission meeting. Commissioner Wilsey questioned the dimensions of the parking area. Mr. Polo explained that it is 150 acres of parking, which is only parked on 20 days a year; and indicated that it does not make sense from a maintenance point to grade and pave a parking area for that use. He pointed out the paved areas vs. graded areas on the plan. Commissioner Barnes questioned parking for buses and R.V.'s. Mr. Polo advised that AQMD mandates the requirement for bus parking and there will be R.V. parking as well Commissioner Wilsey requested that they be more prepared to give square footage of the paved areas at the Planning Commission, and indicated that the more paved, the better it would be. Commissioner Matd -&s questioned the tennis courts near the hotel and why they are across the parking lot from the hotel. Mr. Polo indicated that the specific plan proposing the amenities is not specific enough, but addresses the relationship between the uses. He explained that they will be bringing back specific development plans for consideration. Commissioner Sands questioned whether there had been any consideration for a fire station or Sheriff substation in the area. Mayor Pape indicated that there had not, and reiterated that the events would only be a few days a year. Special Projects Director Molendyk indicated that the potential is there, but when the specific plans were approved the Fire Department did not see a need on the proposed sites. Mr. Polo indicated that this site is not set up to be a drain on municipal services. He stressed that the promoter of the event will be responsible to hire off duty law enforcement, Medivac helicopter and fire services as necessary. He noted the interest in having specialists on the track for those services. Mr. Barnes noted the potential for increased need from traffic accidents between vehicles accessing the event. Mr. Fahmy indicated that trey are looking at a tremendous amount of employment and taxes for this prc_ject, and noted that the increased assessed value and related taxes could help, L.o supply funds to meet the needs created by the project. He r•.oed that liey w_ be negotiating a ticket tax to be paid to the City as well. He stressed that tuc'r are not certain of the burdens produced by this project._ Mr. Polo iildicated1hat the residential portion is the hardest impact to support, for a city. He also noted PAGE TEN - STUDY SESSIONMINUTES - AUGUST 59 1997 the sales tax which will be produced by the concessions on site. Mr. Fahmy stressed that the County and City will benefit from the completed project, creating a win -win situation. Mayor Pape concurred that it would be better to have this project than 3,000 homes; and noted the national recognition this will draw for the City. He stressed the wide spread popularity of racing and the wide area from which spectators and participants will be drawn. Mr. Fahmy noted the potential for increased property values in the community. Councilman Alongi noted for the benefit of the press that this is not a two year project. Mr. Fahmy concurred that it would be a 3 to 15 year project. Councilman Alongi stressed that some factors are not certain, but noted that it appears to be a good project. He expressed concern with misinforming the public on how soon the funds will come to the City. Mayor Pape noted that it was clear that the project would be phased in. Mr. Alongi stressed the potential for problems with this type of project and the need to be realistic on what is reported to the public. He reiterated that this is a long term project. Mr. Fahmy concurred, but indicated that they do not have a set time line yet. Mayor Pape noted the goal to start moving dirt in October, assuming things which are out of the developer's control can be addressed; and indicated that they are continuing to meeting with the proper agencies and the financing is already committed. PUBLIC COMMENTS - NON - AGENDIZED ITEMS No Comments. CITY MANAGER COMMENTS No Comments. CITY COUNCIL COMMENTS No Comments. ADJOURNMENT The Joint Study Session was adjourned at :04 p.m. VIN W. PAPE, MAYOR CITY OF LAKE ELSINORE CLERK CITY' OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 12, 1997 Ell\ 1m rill aw The Regular City Council Meeting was called to order by Mayor Pape at 7:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze. INVOCATION The Invocation was provided by Pastor Gary Ennis, representing Lamb's Fellowship of Lake Elsinore. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, Assistant to the City Manager Best, Community Services Manager Edelbrock, City Engineer O'Donnell, and City Clerk Kasad. PRESENTATIONS None. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 2, 3, 32 and 33. CONSENT CALENDAR ITEMS Councilman Alongi noted that items 31 and 32 on the Agenda should be reversed. U PAGE TWO - CITY COUNCIL MINUTES - AUGUST 12, 1997 -- Mayor Pape indicated that it was so noted. Councilman Alongi requested an added item to clarify the motion by the Council with regard to matching funds for the parks. The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 3, 4, 5, 6, 7 and 8. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE, TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.. 1. The following Minutes were approved: a. Regular City Council Meeting - July 8, 1997. (FA4.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - June 18, 1997. C. Planning Commission Meeting- July 2, 1997. (F:60.3) d. Design Review Committee Meeting - June 18, 1997. e. Design Review Committee Meeting - July 2, 1997. (F:60.4) PUBLIC HEARINGS 21. Zone Change No 97 -1 and Commercial Project No C97 -4 Cal Burgers Restaurant at 29301 Riverside Drive -Ordinance 1032. (F: 172.2)(X58.2) City Manager Watenpaugh noted the location of the proposed project. Community Development Director Leslie provided an overview of the proposed project, and detailed the location. He provided parcel acreage information and explained that the intent would be to leave a portion of the property vacant. He advised that the zoning change was proposed for the entire parcel, as the Planning Commission felt the entire site should be zoned C -2, and the design was appropriate. He also explained that the Planning Commission approved a Conditional Use Permit. He indicated that staff worked with the applicant on the design to incorporate factors similar to the Outlet Center. Councilman Alongi questioned the C -M zoning areas left in Lake Elsinore, and expressed concern with reducing the zones which would allow for manufacturing. Mr. Leslie noted that the applicant is not asking for a General Plan Amendment, and clarified that the existing M -1 zoning classification was inconsistent with the General Plan in that area. He clarified the zoning further as requested by the applicant for the C -2 to accommodate a drive thru PAGE THREE - CITY COUNCIL MINUTES - AUGUST 12, 1997 restaurant. He noted that staff had suggested that only the Restaurant portion of the site be zoned C -2, with the balance being C -M to allow for some manufacturing uses. Councilman Alongi noted that the General Plan was done in 1990 and it seems to be changed frequently, and noted the cost of the revisions. Mr. Leslie reiterated that the request is more consistent with the General Plan adopted in 1990 than it was before, and noted that staff has made zone changes where needed, to make zoning more consistent with the General Plan. He stressed that in this case, the project would be sticking with the 1990 General Plan, but changing the zoning on the property to be more consistent. Councilman Alongi questioned the handicapped parking and noted concerns for a van pulling in and not being able to get out of the van side door. He indicated that the proposed space is useless, and stressed that consideration should be given to full usage of the spaces. 'Community Development Director Leslie noted that the plan allows for loading or unloading from either side. Councilman Alongi stressed his concern for access to a van with side doors. Mr. Leslie noted the potential choices of parking spaces. Councilman Alongi indicated that by moving one space near the loading zone, it would prevent someone from being blocked in the vehicle. Community Development Director Leslie explained the loading zone and noted the location being discussed by Mr. Alongi. He clarified the access for side loading vans on the diagram of the site. Councilman Metze noted that the same problem exists on either side. City Manager Watenpaugh questioned whether Council was suggesting additional handicapped spaces. Councilman Alongi indicated that was not the intent, but he was looking at a space by the loading zone to prevent someone being blocked. Mr. Watenpaugh indicated that the plan as proposed meets the handicapped requirements, but staff could review the matter further. Councilman Alongi stressed his concern for the potential of someone being blocked in and noted that this is an opportunity to prevent the problem. Mr. Leslie indicated that staff could do so if the Council wants to suggest that as a condition for discussion with the applicant. He explained that the spaces were picked as they were because they are the required size and per the Code with regard to where they are located. Councilman Alongi indicated that he is not concerned with where they are located, but stressed that they should have access wherever they are, noting problems at Albertson's and Vons. Councilman Metze suggested that the Council condition the applicant to provide the third space. Mr. Watenpaugh concurred that it could be added. Mayor Pro Tem Kelley questioned the number of fast food restaurants approved in the immediate area of this project. Community Development Director Leslie indicated that there is a pad at Nichols/I -15, and at CentraVI- 15 there is Douglas Burgers and a Burger King. Mayor Pro Tem Kelley stressed that there are three other fast food restaurants near this site. Mayor Pape opened the Public Hearing at 7:21 p.m., asking those persons interested in this item to speak. Hearing no one, the Public Hearing was closed at 7:21 p.m. . PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 12, 1997: Councilwoman Brinley expressed concerns with the zone changing, and indicated that she has a problem with the fast food restaurant and potential for a strip center. She indicated that she would like to continue this item and have a chance to review it with the applicant to address other concerns. She further indicated that she would like to sit down with the entire Council to see how to best address that location. She stressed that it is a Specific Plan area, and noted that there are concerns which might need to be addressed with the applicant. She indicated that she would like to continue the matter for about 4 weeks to allow for a meeting with the applicant. Mayor Pape questioned the ability to continue this public hearing. City Attorney Leibold indicated that it would need to be continued to a date certain MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO SEPTEMBER 9, 1997. BUSINESS ITEMS 31. =ointment of Official Community of Interest Representative. (F:140.8)(X:60.1)(X:154.1) City Manager Watenpaugh explained that this item is in response to a request from LAFCO for a specific representative. He advised that staff would propose the appointment of Community Development Director Leslie as he will need to do the research and respond to zoning and planning issues. He suggested that it would be better to have staff than an elected official at this point. Councilwoman Brinley indicated that she saw no problem with staff serving as the City's representative. MOVED BY BRINLEY, SECONDED BY ALONGI TO APPOINT COMMUNITY DEVELOPMENT DIRECTOR LESLIE TO SERVE AS THE CITY'S COMMUNITIES OF INTEREST REPRESENTATIVE. Mayor Pape noted that he has dealt with LAFCO a lot over the last year and Riverside County-;is the only one in the State with COI's. He indicated that the COI's were formed purely for political reasons; but noted that LAFCO was implemented to take the political gamesmanship out of the issues. He stressed that LAFCO was intended to be impartial and make logical decisions, but that has not been the situation in Riverside County. He indicated that it has been a situation of land grabs. He suggested that Mr. Leslie can exchange information, but stressed the importance of understanding the position of the Council in doing so. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 32. Seaport Boat Launch Fundin (F:92.5) PAGE FIVE -'CITY COUNCIL MINUTES - AUGUST 12, 1997 City Manager Watenpaugh explained this item and noted that the facility was built through funding from State Boating and Waterways. He corrected the staff report regarding Park Development Fund, and indicated that it should be Developer Park Fund. He indicated that it has taken the contractor over 100 days to submit a proposal of final costs, and noted that there is considerable disagreement, but there are additional dollars needed to address the consultant work, which is requested not to exceed $10,000. Mayor Pape questioned how many days over schedule the work was. Mr. Watenpaugh indicated that it is about 110 days over deadline, and the contractor has requested an additional 113 days. City Attorney Leibold suggested that this matter be discussed in closed session. Councilman Alongi suggested postponing this discussion until after closed session. Mayor Pape noted that there are two issues, one is the lawsuit, and the other is the fees required to address the project. Mr. Watenpaugh stressed the fees and potential need for an expert witness. Mayor Pape noted that this was more of a cash flow issue, as it is possible the City will get the money back due to nonperformance. Mr. Watenpaugh concurred. Councilman Alongi indicated that he has no problem if that is the bill we have to pay, but does have a problem approving it without discussion with the City Attorney in closed session. Councilwoman Brinley questioned if there was a comfort level with the request. City Attorney Leibold suggested that this be considered in closed session, with the Council coming back out and approving the item. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO AFTER CLOSED SESSION. 33. Resolution No. 97 -59 - Ratifvin,g Documents and Actions Related to Special Tax Refunding Bonds of the City of Lake Elsinore Community Facilities Duct No. 88 -3 (West Lake Elsinore). (17:22.3) City Manager Watenpaugh reminded Council that back in December the Council, based on recommendation by financial team, adopted Resolution No. 96 -65. He noted that it has been a longer process to address CFD 88 -3 than was anticipated, but as of yesterday it is a done deal and is very positive for restructuring of the bonds. He further noted that it is favorable that institutions purchased all of the bonds to assist with restructuring the debt. He explained that this item is proposed as ratification of past action by the Council to assure that the action is still in the realm of what was intended to be done. He noted that "Jones Hall" has left the financial team and "Quint & Thimmig" has been added. He commented on the ability to save on interest rates for the bonds, and recommended approval of the proposed Resolution with the modifications and changes to the CFD 88 -3 bonds. W PAGE SIX -CITY COUNCIL MINUTES - AUGUST 12, 1997 Paul Thimmig, Quint & Thimmig, indicated that he was pleased to say a lot of hard work paid off; the bonds were well accepted into the market and the team will now start to rework some of the other pending bond issues. He advised that the deal did close, and there is forward progress, and the requested action is the cuhnination of the closure to assure that the technical items in the deal were addressed. Mayor Pape questioned the expense to the City. Mr. Thimmig indicated that the entire transaction was financed internally and paid out of the refunding bonds, with no cost for the closure. Mayor Pape inquired who makes the payments on the bonds. Mr. Thimmig indicated that they are paid through the special taxes paid by the property owners. He fiuther explained that this funds will assist in solving other problems, while the "B" bonds give the extra punch to collect all of the delinquencies. Mr. Thimmig indicated that it gives the financial team the tools to work with the projects and get them back on the paying tax rolls. Councilman Alongi questioned who serves as the P.F.A. Mr. Thimmig indicated that it is a separate legal entity created in 1989. Councilman Alongi inquired who sits as the P.F.A. Mr. Thimmig indicated that the Council sits as the P.F.A. Councilman Alongi indicated that the City is tied to this by the agreement, and if these go into default again, the City of Lake Elsinore is on the line now. Mr. Thimmig indicated that the City is linked with these bonds in the finance community. Mayor Pro Tern Kelley noted the Council's commitment to long range financial planning with Mr. Gunn, and the restructuring of the bond pool. She indicated that she is pleased and we are proceeding as anticipated. Mr. Thimmig concurred and noted that this is the largest bond tender situation in the State, but stressed the long range plan. Councilwoman Brinley, as Chairwoman of the Public Finance Authority, thanked the financial team for all of the hard work and stressed the reduced risk for the City or the builder. She noted that some people are very interested in building in this area. She expressed personal thanks for Mr. Thimmig's work and for keeping the Council well informed. Mr. Thimmig noted that this success does take away some of the unknowns. Dick Knapp, City- Treasurer, indicated that he wanted to find out the interest rate for the bonds, and noted he was informed that it was a 7.01% bond rate. He inquired whether the bonds were insured. Mr. Thimmig indicated that there is no insurance. Mr. Knapp detailed the bonds which were refinance at 70 cents on the dollar and addressed the overall amount of bonds, and his understanding of the overall cost. He questioned the difference of 10 or 11 million and whether it would be to satisfy the Abaccy Account and the bond payers who have not been paying. Mr. Thimmig indicated that the transaction is highly complicated; and explained that the bonds are not insured, but insurance would not prevent risk for the City, as it only addresses the bondholders. He clarified that they were PAGE SEVEN - -CITY COUNCIL MINUTES - AUGUST 12, 1997 able to get the bond holders to tender the bonds at 70 cents on the dollar, with the realization that their investment did not work out. He concurred that the Bonds are in a greater amount, but clarified that the series B bonds are held by the City and if the delinquent parcels pay, the City will get cash flow, or use the bonds for foreclosure sales. He further concurred that additional bonds were issued which are all held by the City; but explained that they are not an obligation for the City, but a tool for new development.. He stressed the complexity of the program and offered to provide sessions in the Community to help people understand the process. He indicated that the bonds have received the blessing of the market, in that all of the bonds were bought by sophisticated financial institutions. He stressed the importance of the restructuring. Mayor Pape inquired based on the previous comments, the impact of further development. Mr. Thimmig indicated that the City is much better off than a week ago and reiterated the process of bond tender. He clarified that the bond holders agreed to take a discount on their bonds, which has occurred in other areas of Riverside County, with one Agency giving only 33 cents on the dollar to get out of the funding. Mayor Pape indicated that this an interesting process and noted a conference in Monterey regarding work -outs in Mello - Roos financing. He noted that this type of action will be. occurring more frequently throughout the State. Mr. Thimmig concurred. Councilman Metze inquired if the long term plans of Mr. Gunn and the Council are working and benefiting the long term financial picture for the City. Mr. Thimmig indicated that this transaction helped to position the City much better to move forward. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY A VOTE OF 4 TO -1 WITH ALONGI CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 97-59 RATIFYING THE MODIFICATIONS AND CHANGES MADE PURSUANT TO THE SALE AND CLOSING OF THE REFINANCE OF CFD NO. 88 -3 BONDS: RESOLUTION NO. 97-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RATIFYING DOCUMENTS AND ACTIONS RELATED TO SPECIAL TAX REFUNDING BONDS OF THE CITY. OF LAKE ELSINORE FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 88 -3 (WEST LAKE ELSINORE), AUTHORIZING THE ISSUANCE OF ADDITIONAL BONDS, AND APPROVING RELATED ACTIONS. ITEMS PULLED FROM THE CONSENT CALENDAR 2. Warrant Lists (F:12.3) ilk PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 12, 1997 a. July 15, 1997. b. July 31, 1997. Dick Knapp, City Treasurer, commented on the previous item and questioned whether the City would be getting its money back. He noted that the Investment Report for June was not part of this agenda packet, and he would like to see one. He detailed the funds and expenditures for the month of July and indicated that there is still over $2 million for July. He indicated that he still contends that there is plenty of money to keep the parks open and stressed that he would like to see the Investment Report for June. Mayor Pape questioned where the money for the parks should come from. Mr. Knapp indicated that it should come from the reserves and suggested jockeying the budget, as it is over funded. He indicated that there is over $2 million which could have kept the parks open. Mayor Pape questioned Mr. Knapp's logic. Mr. Knapp inquired whether the Mayor could definitely say there were fund commitments for fires and floods of $2 million; and further questioned why the parks are not open. Mayor Pape questioned whether Mr. Knapp had a comfort level with the reserves based on $1.3 million balance. Mr. Knapp indicated that his is talking about June of 1997, not 1998. He fiuther indicated that it is possible to chop $1 million out of the existing budget: MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE ABOVE LISTED WARRANT LISTS AS PRESENTED. 3. StopSiign Controlled Intersection - Heald Avenue and Graham Avenue - Resolution No. 97 -57. (F:162.2) Councilman Metze indicated that he pulled this item to let the citizens know that this is' for approval of the requested stop sign. MOVED BY METZE, SECONDED BY BRINLEY TO ADOPT RESOLUTION NO. 97 -57: Dick Knapp, City Treasurer, noted that he brought this item up because, while he knows it is a $150 sign, he was concerned with the expense of the traffic engineer. He questioned the cost of the City Engineer studying this location and why a $100,000 Traffic Engineer was necessary. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Councilman Alongi called a point of order, and questioned if the Council was changing policy regarding conversation with people at the podium. Mayor Pape indicated they were not. RESOLUTION NO. 97 -57 PAGE NINE'-'CITY COUNCIL MINUTES - AUGUST 12, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. (GRAHAM AVENUE/HEALD AVENUE) 4. Disaster Relief Funds - DesigLiation of Authorized Agent - Resolution No 97 -58. (F:74.1) Councilwoman Brinley requested clarification of this action. City Manager Watenpaugh indicated that it is a housekeeping item to change from past City Manager Molendyk to himself, on applications for FEMA refunding. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97 -58. RESOLUTION NO. 97 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING CERTAIN OFFICIALS AS INDIVIDUALS AUTHORIZED TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER FEDERAL CIVIL DEFENSE ACT OF 1950 AS AMENDED (PUBLIC LAW 920, 81ST CONGRESS, 50 USC APP.2251- 2297). 5. Request for Overni hg t Camping at Lakepoint Park. (F:114.4) Councilman Alongi expressed concerns with this issue; noting that R. V.'s have propane and gas tanks and this would be within a fenced park. He further noted the potential for problems with motor homes and only one entrance into the park, with no fire lanes or fire hydrants. , He noted that he owns a park and has seen fires and the damage they can cause. He suggested that it was looking for trouble to allow camping in the fenced area; and indicated that if the Council wants to move the campers to the parking lot, he would have no problem. City Manager Watenpaugh responded that the request is for the RV's in the parking lot on the hard surface; and there will be no fire allowed. He explained that the campers would need gray containers with no discharge allowed in the area. He further explained that the event is in the inlet channel with additional porta - potties, ongoing supervision, CSO's and Lake Patrol. He also explained that the request is for approximately 20 R. V.'s and 20 tents; with the tents being on the grass area where they will not interfere with the sprinkler system. Mayor Pape indicated that there was no way the City would allow R. W s to park on the grass. Councilwoman Brinley noted her discussion with Mr. Watenpaugh, and PAGE TEN CITY COUNCIL MINUTES - AUGUST 12, 1997 indicated that the event will be self contained, but expressed concern with dumping of gray water. She also expressed concern with the tents in the park area, and cooking on the grounds. She stressed that there would be no cooking on site. She noted that there will be CSO's there to patrol and ensure the event has no problems. Councilman Alongi indicated that if the Council goes by what was written in the agenda, it states that Lakepoint Park will be used as a staging area for the participants and use of motor homes as close as possible. He stressed the number of campers proposed for the park and his understanding that they would be in the park. Mayor Pape noted that he met with staff and received additional information. City Manager Watenpaugh indicated that the point was well taken. Councilman Alongi questioned why the correct report was not before him. City Manager Watenpaugh indicated that staff made the assumption that the R.V.'s would be in the parking area. Mr. Alongi indicated that the tents should be in the parking lot as well. Mayor Pro Tem Kelley noted that this is a regional event and detailed the dates of the event. She indicated that she had her question clarified with regard to the parking lot. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO WAIVE LAKE ELSINORE MUNICIPAL CODE SECTION 8.40.040 (G) AND APPROVE THE REQUEST FROM THE INTERNATIONAL NOVICE TOUR (INT) TO ALLOW OVERNIGHT CAMPING AT LAKEPOINT PARK, OCTOBER 23 -25, 1997. Councilman Alongi indicated that he would support this action, as long as they are on the parking lot. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:07 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:25 P.M. 6. Request for Approval to Close Main Street for a Special Event. (F:62.1) Mayor Pape noted that there were last minute changes to this request. City Manager Watenpaugh explained the request for closure on a portion of Peck Street rather than Main Street from 4 to 10 p.m. for promotion of a local singer and her new C.D. He advised that the applicants have completed all of their paperwork, paid the fees and obtained insurance. He reiterated the change for the Peck Street Closure rather than Main Street. He advised that the applicants will provide barricades, two police officers for security and PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST ..12, 1997 porta- potties. Councilman Alongi questioned this item and indicated that the City should not be closing off streets for a private business. He fiuther indicated that this business backs up to a parking lot and it would be easier to control the situation in the parking event. He stressed that this is a private event and he would prefer to see it in the parking lot. Marian Smith, 23895 Oak Circle Drive in Wildomar, applicant, indicated that in checking the available parking, this request would only be using four to six parking spaces on Peck Street. She further indicated that use of the parking lot would interfere with the restaurant parking. She clarified that only the back room of the facility would be used for a private reception, but . they are expecting 100 -300 professionals from the record industry and 100 - 200 other guests. She stressed how this event would draw business to the community, and explained the event as planned. She indicated that "Echo" would be performing on an hourly basis. Councilwoman Brinley inquired if Echo grew up in Lake Elsinore. She indicated that she was raised and schooled here. Mayor Pape inquired if the downtown stores would remain open for the event. Ms. Smith indicated that it will depend on this approval, but they have not yet canvassed the businesses. Mayor Pape noted Item 31 in the request which stated plans for using volunteer youth groups. Ms. Smith indicated that they have access to a lot of resources, pending Council approval. Mayor Pape questioned whether they have appropriate insurance for the event. Ms. Smith indicated that it is lined up. Mayor Pape inquired whether they have the barricades. Ms. Smith confirmed. Mayor Pape inquired of Community Services Manager Edelbrock about the procedures in place to assure clean up after the event. Ms. Edelbrock indicated that the applicant met with the Special Events Committee yesterday, and while they have not yet made firm plans for the clean up the options have been discussed. She indicated that they will be meeting again, following Council approval. Mayor Pape suggested that verbiage be included in the motion to ensure necessary clean up arrangements are in place. Councilwoman Brinley noted Mr. Jackson's work on other events; and indicated that she has no concerns about someone being present to address the trash, noting the $1,000 refundable deposit. She indicated that she finds this to be a positive event, noting that everyone has used Main Street for events and it appears the right way to go. She inquired if the performance would be free to the public. Ms. Smith confirmed. Mrs. Brinley reiterated that this sounds like a wonderful event, and should not be much of a problem on Peck Street She encouraged businesses to stay open for the event, and wished Echo luck with her career. Mayor Pape concurred and expressed hopes that the businesses would take advantage of the increased traffic to the area. Y; PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 129 1997 Councilman Metze noted that he has heard Echo and she was terrific. He stressed that this is a positive event and open to the public. He indicated that with the refundable deposit he sees no problem. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE CLOSURE OF PECK STREET BETWEEN MAIN AND THE ALLEY, DURING THE HOURS OF 4:00 P.M. TO 10:00 P.M. ON AUGUST 23, 1997, WITH ASSURANCES THAT THE TRASH CONCERNS HAVE BEEN ADDRESSED. Councilman Alongi indicated that the restaurant is closed that time. He stressed that this is a private affair, and has nothing to do with the citizens of Lake Elsinore; and indicated that it is closed to the public, with the only allowance being for guests. Ms. Smith clarified that the back room is for guests only, but the front of the store is open to the public. Councilman Alongi indicated that the Agenda says the business is closed and he still sees a problem with closing the street for a private affair. Mayor Pro Tem Kelley stressed that this she sees this as a positive event, as she has also heard Echo. She indicated that she has no problem with closing Peck Street. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. Echo thanked the Council for this approval. 7. Acceptance of Quitclaim Deeds for Water Rights from Various City Proiects at 31300 Casino Drive 18461 Dexter Avenue and 16851 Lakeshore Drive. (F:132.1) Councilman Alongi indicated that he is opposed to the City forcing people to give up their water rights. He further indicated that valuable consideration means they received something and he does not consider a building permit a valuable consideration. He also indicated that the City does not have a water system to protect and noted that E.V.M.W.D. is not receiving the Deeds from the City, and questioned the use of the deeds. He reiterated that he opposes this type of action and the taking of rights for public property. City Manager Watenpaugh noted that this action is pursuant to City policy in place since prior to sale of the water district. He advised that the City continues to accept them to prevent people from drilling wells, but if the Council wants to change the policy, staff could investigate. MOVED BY KELLEY, SECONDED BY BRINLEY TO ACCEPT THE QUIT CLAIM DEEDS FOR WATER RIGHTS FROM 31300 CASINO DRIVE, 18461 DEXTER AVENUE AND 16851 LAKESHORE DRIVE; AND AUTHORIZE THE CITY CLERK TO RECORD THE DOCUMENTS. PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 12, 1997 Councilman Alongi indicated, not to contradict the City Manager, but this policy came into being after the sale of the water district; as these were not collected when the City owned the water district. He expressed concern with holding up the rights of residents to drill water on their property. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 8. Acceptance of Quitclaim Deeds for Street Right -of -Way from Various City Projects at 16851 Lakeshore Drive and 31300 Casino Drive. (17:132.1) MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE GRANT DEEDS FOR STREET RIGHT -OF -WAY ON 16851 LAKESHORE DRIVE AND 31300 CASINO DRIVE; AND AUTHORIZE THE CITY CLERK TO RECORD THE DOCUMENTS. PUBLIC COMMENTS - NON- AGENDIZED ITEM Jeannie Corral, CAP Parade Committee, extended an invitation to attend a parade to celebrate the youth in the community. She explained that this idea was generated from the CAP Conference and stated that she has submitted a tentative plan to Community Services for the parade route. She noted that the parade is scheduled for Saturday, November 1 st at 9:15 beginning and ending at Elsinore Middle School. She further explained that they hope to put unit back into unity and will be celebrating the accomplishments of the children. She stated that this will be a foot parade and they will be using the School Resource Officers to assist with the policing. Larry Cossak, School and Community Improvement Committee, stated that the main purpose of the parade is to celebrate the great things young people have done in the school and indicated that it will honor the accomplishments of the students both academically and in the arts. He stated that they would like to give the public the opportunity to see what they have accomplished and how well the schools are functioning. Mariana Mohylyn, 305 W. Sumner commented on the need to have safe sidewalks and stated the need to open the parks for the children. She stated that she feels that the water mineral rights belong to the individual property owner. Nita Van Heist, indicated that no one gets a straight answer from four of the Councilmembers. She commented on the ownership of the Stadium and indicated that technically we did not own the land until the grant deed is recorded. She presented a copy of the contract with the Storm team and commented on the costs of the stadium. She stated that she has never seen anything so lopsided. She noted the term of the contract and suggested that we demand fiscal responsibility and hoped that four of the Council would be gone in November. 4rcy PAGE FOURTEEN - CITY COUNCIL MINUTES - .AUGUST 12, 1997. , Carol Miller, noted that she has a lot of social contracts with people in Lake Elsinore and there is a lot of upset people in the City. She asked that the Council consider doing a simulcast of Council Meetings in Spanish. Chris Hyland, 15191 Wavecrest, stated that there is money to keep the parks open and if the Council did not spend money frivolously there would be enough money. She addressed supplies and services from out of the area and noted a bill for business cards for Dick Watenpaugh and for Ron Molendyk who is supposed to have resigned. She stated that she has taken the business card to three printers detailed the cost quoted by each business. She stated that the printer that the City used is in Fallbrook and she felt that we should keep the money in town. She indicated that the City paid Auto Club dues for Mr. Molendyk and purchased a computer from a company with no address or telephone number and further indicated that others would have sold it for much less. She noted the electric bill for the park lighting and stated that something is very wrong and feels that it is unjust since the City gave paradise Chevrolet $300,000 and they gave the concrete business to an outside contractor. She stressed that if developers are given money, they should use local business. Marian Segletta, commented that it is very difficult for her to speak about things which she is passionate about such as the children and their rights. She expressed concern with the funding for fencing and signage and noted that there used to be places for the children to play, however not anymore. She noted that her neighborhood is turning into a ghetto and asked that Council find peaceful solutions to the problems. She stressed that there are a majority of working parents that live in the City and they need places for the children to go. She stressed that there are buildings that are empty and suggested that the Council needs to network more with the community to provide for the children. Lee Allen, 270 Avenue 9, has been in town almost 30 years and stated that in all . that time he has seen no improvements in City Councils who feel that they can treat the public like children and do not provide anything for the public. He stated that Council should be more in tune with what the public wants, rather than what they want. He commented that if the Council could find the money to fence the parks, then they could have found money to keep the parks open. He questioned why the Council would expect the citizens to give them money, when they do not handle those funds appropriately. He stressed the need to get out and vote and don't throw good money after bad. Linda Nanette, asked if it were possible for the Council to publish in the Sun Tribune what money has been spent from the City's coffers. She stated that she understands that a printout is available at City Hall, however many citizens don't have the opportunity to do so. She stated that she would not like to see the breakdown mailed because of the cost. She stated that with a monthly financial report published in the local paper, the people of the City would be more willing to accept a tax increase because they would know how their money is spent and gives ordinary people an understanding of necessary expenditures. PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 12, 1997 James Grey, Mimosa Drive, noted his long term goals for himself and his family. He indicated that one of the biggest crisis facing this country today is the breakdown of the family. He commended the people who have been married for 50 years or . more and stated that we could all learn something from their example. He noted that families choose Lake Elsinore with the intent of making this City their long term home and he feels that if everyone works together, then the right choices will be made for the common good. He felt that closing the parks was a crime. He stated that he is running as a fiscal conservative and will promote discipline spending. He asked that Council not wait until November to start working toward a common goal. He motioned that the fences come down at all parks and water be restored. Donna Scharff, addressed parks as serious investments and stressed that people want funding to open and operate parks as a top priority by this Council tonight. She indicated that the current funding will be depleted by two Council Meetings from tonight and she does not doubt that they will be closed. She questioned if the public realizes that the Council was willing to incur million in public property damage and asked how the community will pay for it and asked if they were planning to assess the community or pull it from the reserves. She indicated that people should not forget the money that was spent on fencing that would have kept the parks open until November to allow the youth sports. She commented on the, meeting that was held by her and gave an overview of the comments that were given. She indicated that the City has great potential, however there are many people that are offended by Council's actions. She questioned what will happen if a measure is not approved in November and noted that due to the financial and political climate of the City, people are just fed up. She stated that no one can win and all will loose in November. She indicated that there is $1.3 million in reserves and stated that she has only one question and that is what were they going to do with the money to fix the parks. Councilman Alongi called for a point of order. Ms. Scharff indicated that she had completed her comments. Dale Hite, noted that his name will not appear on the ballot in November, however.: this will not prevent him from being heard. He stressed the need for citizens to see, what is going on in the City. He noted that he had been pulled over by police the night after he spoke at a Council Meeting and questioned whether it was coincidence or retribution. He stated that he was appalled at the attitude of the officers toward concerned citizens. He noted a bike theft at gun point in front of Circle K and gave an overview of the officers attitude. He suggested the need for a Police Commission to police the police. He commented that it is time to reinstate the trust in local government officials and is time for a changing of the guard on the Council. He suggested a vigilante committee to protect the children. He stated that he does not believe that Council wants to keep the parks open. He stressed the communities investment is the future of the City. Edith Stafford, Elm Street, indicated that the Mayor is very rude. She noted that some people are give the right to speak up to 15 minutes while he has others PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 12, 1997 removed just as soon as their 3 minutes are up. She suggested that the Mayor resign and get out of the kitchen. She expressed the opinion that the closure of the parks was used as a campaign tactic which is being used to get the Measures in November passed. She stated that if the water is turned off long enough the trees and grass will be dead. She stressed that too many people know the truth and they know that this Council is holding out to spend the money. She stated that the fencing is a liability because the children will start climbing them and the parks would be better off without them. She stressed that the Mayor should not be rude since it is his job to listen to each speaker whether he likes what they say or not. She stressed that the parks should be opened to prevent liability for children in the streets. Ava Swain commented that she is a new homeowner with two questions. She noted that she pays Mello -Roos and asked the Mayor if support of the parks was placed back in the General Fund would it be necessary to tax the homeowners. She asked Councilwoman Brinley that if the Measure does not pass in November, what is the plan. Harriet Boyd, asked the City Attorney who was responsible for the Mello-Roos.. She stressed her lack of understanding and noted her emotional concern regarding the closure of the parks. She asked how she could assist is opening the parks. She commented on the condition of the parks today in comparison to the past and commented on the hazard of the fenced parks. She stated that she knows that the water is on, however it is not enough. She stressed her upset over the parks and requested consideration of the amount of Mello -Roos she is paying. Calvin Bob, 806 Napa Court, stated that he is also a new resident of Lake Elsinore and was at the same meeting as Mrs. Boyd. He stated that he represents the new citizens of Lake Elsinore and they are very concerned about the parks just as the long term residents are. He stated that they are willing to do whatever it takes to get the parks opened. He further stated that parks open on a limited basis are not enough and will not work for the parents or the children. He noted that quite a few people are upset with the Council because they feel that Council is holding them hostage. He asked if Council is willing to work with members of the community and to look at the budget and work out a resolution to the problem. He stated that the only other option is to vote in a new Council in November. Mr. Bob stated that no one in the City is comfortable with the situation and everyone is very emotional. He noted a neighbor who was out advising the residents of this meeting and was nearly attacked. He stressed the well being of the people and the parks is a big issue and advised that he and others are here for the long haul. CITY MANAGER COMMENTS City Manager Watenpaugh commented that the newspaper awarded the City with a rose for finding a nonconfrontational resolution to the outlaw boat races. He noted that the individuals that were involved were told that if they wished to go through the processes that the City would be glad to see the races. City Manager PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 12, 1997 Watenpaugh stated that in the future he would like to see a section for City Attorney Comments and he deferred to City Attorney Leibold for her comments. City Attorney Leibold stated that she had one housekeeping item. She noted that at the last Council Meeting staff was authorized to proceed with a contract for janitorial services and this was done through special provisions of the State Public Contract Code, subsequently she has reviewed those provisions as well as the City Municipal Code and have found alternative authority to fulfil the same direction of the City Council without the requirement to come forward with a resolution. She noted that was the reason why there was not a separate resolution presented for that issue. Mayor Pape asked the City Attorney to comment on the ownership of the Diamond Stadium. City Attorney Leibold clarified that there is more than one way to convey real property and noted that the conveyance that took place several years ago, legally vested title in the City. The grant deed that was recently recorded reconfirms that conveyance and makes the ownership and title of the property a point of legal record, however title did legally transfer some years ago. Mayor Pape noted that the City had title insurance on the property and asked what effect that has. City Attorney Leibold stated that it insures that the City has valid and legal title to the property. Councilwoman Brinley requested clarification. City Attorney Leibold stated that title insurance insures that the City has valid title. CITY COUNCIL COMMENTS Mayor Pro Tem. Kelley commented on the following: 1. Thanked the School District for the CAP Conference in Palm Springs and made note of the committees and programs which came from that conference. She stated that this is the 3rd or 4th year that she has attended and stressed the benefits of the committees. 2. Asked the City Manager to address the questions regarding the computer, lights and cement. City Manager Watenpaugh noted that the computer was purchased following a staff committee which met to establish an Internet page for the City. He noted that staff went through a variety of agencies and the Air Quality District provided the funding to purchase the computer and the software. He noted that the City wrote the check, however the funding came from outside the City. He addressed the parks lights and stated that the electrician removed the magnetic switches due to a problem with groups using the lights. He explained the required adjustments and costs. He further addressed the cement and the issue of buying outside the City and noted that we must follow the required bid process and the City cannot mandate that it be City businesses only. He further stated that we can suggest and encourage that developers keep the money in the community and support local businesses, however we cannot mandate it. PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST , 12,.1997... 3. Stated that she felt that putting a financial report in the local paper was a good idea and will be looked into. She stated that she has already talked to someone in the Sun Tribune about posting the Agendas and give the public an idea what will be addressed by Council. 4. Concurred with Mr. Gray regarding the importance of families and long term marriages. 5. Addressed Mrs. Boyd regarding Mello -Roos and clarified that the fees are a vehicle for the developer to install infrastructure in the development. She stated that the money does not come to the City. She stated that the Mello -Roos is a way to put in the infrastructure and lower the cost of the homes to assist in qualification for purchase. Councilman Alongi commented on the following: L Concurred that bonds are difficult to explain, however it does not lower the cost of homes. He noted that the cost of the infrastructure increases the cost of the house, however it does reduce the qualification requirements. He indicated that the homeowner will pay about 30% more for infrastructure. 2. Addressed title insurance policies and noted his personal experience with a lien which took two years in court to clean up. He stated that it does offer a measure of protection, however it is not absolute. 3. Addressed the boat races and stated that he is tired of the law abiding citizens going without a service because of those who do not follow the rules. He stated that the rules should not be changed for the crooks. 4. Addressed the $50,000 for trash collection at the ball field. He stated that CR & R does not charge the City for the trash collection at the ball filed, however it does cost CR & R $50,000 a year to collect the trash at the ball field and that does directly affect the citizens rates due to the impact that it has on services that could be provided to Senior Citizens rates or monies donated to parks or some other service instead. He stated that the ball field needs to pay for trash pick up themselves since they generate the trash, they should be responsible for it. 5 Commented on the cement from Elsinore Ready Mix. He stated that the reason that we are supposed to invest in these ventures is to bring jobs to our community and to give business to the local merchants. He indicated the advantage since the City also profits from the sales tax which supports our services. He stated that staff does not suggest that the developer use local businesses, but rather we tell them to use local businesses or go on down the road. PAGE NINETEEN —CITY COUNCIL MINUTES - AUGUST 12, 1997 6. Addressed the street closure. He stated that there is a difference between a public and private venture and noted that closing the streets for a parade is completely different than closing the streets for a private venture since a private venture is for their gain and their profit. 7. Stated that he is surprised with the attitude of one of the Council since her interest is with the development of children's minds. He felt that she would be concerned about their safety as well. 8.. Addressed the recall efforts and stated that each individual should read the recall petitions to be sure of what you are signing. He cautioned the public not to listen to the rhetoric and if the public has a question, then call the Council and ask, and if the answer you'receive is not in agreement with your thoughts, then go and sign the petition. 9. Addressed the Sun Tribune and stated that they are whiners. He noted that he can tell who they will support in November. He stated that if two of the people who are running for Council are elected, then the parks will be opened and they will be opened indefinitely. He indicated that the City Manager does what the Council tells him to do... He read the editorial and stressed that the paper is responsible for fractionalizing the community. He indicated that it does make a difference who sits on Council. 10. Made note of letters he has received regarding the parks and explained that the Council needs to step back and see what it takes to open the parks. He noted that the fences can stay up, but now spend the money to keep the parks open. 11. Commented on the grand plans that are placed before Council and then when they are placed on an Agenda, we receive a letter requesting a postponement for 30 days. He stated that before they approach Council they should put their money where their mouth is. 12. Commented on the point of order at the podium and stated that the City Council Policy dictates any Councilmember can yield the floor to the speaker. He stated that if Council doesn't want to abide by the City Council Policy, then change it. He indicated that the City Treasurer should have time on the agenda and stressed that we are paying him to do a job; he is an elected official; and the public is entitled to hear what he has to say whether it is right or wrong. 13. Announced that "More Than Three Minutes" will be back on the air Thursday, August 28. He stated that he has had requests for a Spanish parlor program, however Media One does not have the technology to PAGE TWENTY -CITY COUNCIL MINUTES - AUGUST 26, -1997 do that but he will arrange for an interpreter. 15. Noted that the City is looking for drivers for water trucks and there will have to be a test for driving the tank trucks and a California Drivers License is required. City Manager Watenpaugh stated that the driver will need to have a tank certification on his drivers license. Councilman Alongi stated that this is being asked as a community service to assist with the parks until financing is straightened out. Councilman Metze commented on the following: 1. Offered to meet with Mrs. Boyd after the Meeting and stated that he would be glad to talk to her or get information for her. 2. Stated that he felt that it was an outstanding idea to put a financial report in the newspaper. 3. - Would like to see a Town Hall Meeting to present our financing plan and would like to see our finance team present this to the public. He stated that he felt that a Meeting would benefit the public and help them to understand. 4. Commended Wal -Mart for their efforts to help support the parks. He stated that they have planned a Carnival on Labor Day Weekend and buttons as well as all the other activities and businesses that are getting involved with them. He stated that the City need lots of help with the parks. 5. Read a memorandum from Senator Ray Haynes he received this week regarding Proposition 218 and the policy brief on the Education Revenue Augmentation. He Po*.ed the shift of County and City Funds to education and indicated that the fiuiding is not enough and 10 years is too long. He stressed that people need to call their legislators at a higher level rather than just at the local level. He further stressed the need to tell them to give our money back. He stated that Council is taking the heat for the other agencies and stressed the amount of money that the City is loosing to the State. He noted that they have admitted that they did take some fiords away from the City. Councilwoman Brinley commented on the following: 1. Thanked Mr. Glum and Associates for refinancing for the bonds and stressed this was a tough issue to work out for the financial program. 2. Thanked Jeanie Corral for taking time to discuss the CAP parade to celebrate the achievements of our children. PAGE TWENTY -ONE - CITY COUNCIL MINUTES - AUGUST 12, 1997 3. Addressed Linda and noted that she has never done anything with spite or malice toward any children. She noted that in Measure BB as well as the new Measure she had asked to include an annual financial statement on how the money is spent. She further noted that it was at Council's suggestion that the Citizens Task Force be put in place to oversee the funds as well. She stressed the that there will be a menu of services that the voter can select from in November. She noted that when Proposition 218 was passed by the voters there was a lot of confusion over the impacts that 218 would create and it did not leave enough time for cities to address the impact and decide what to do. She explained that not one person wanted to close the parks and that Council and the community need to work together. She stated that she would be working hard for the upcoming measure. ; She concurred that Council should be accountable and stressed that they will keep working for a solution. 4. Addressed Mello -Roos and stressed that the City was a conduit for the developer to use and it is the choice of the developer. She fu rther w stressed the legal right of the developer. She stated that the Mello - Roos Assessment should have been disclosed at the time of the purchase of the home. She concurred that it builds the parks, but they are turned over to the City for maintenance. She pointed out that Measure BB was for park maintenance, however the measure failed and that is why Council is now working on a menu for the November election. 5. Addressed Mr. Gray and indicated that public safety has always been a priority and the City has never taken away from those services. She noted crime reduction in recent years and stressed their achievements. 6. Noted that she has listed to Mrs. Scharff and commented on the meeting in her home. She stated that she takes grave offense to comments that the Council doesn't care. She explained the reserves for the coming fiscal year and stressed that it is only $1.3 million. She noted the pending lawsuits in the courts and explained that if we should loose or settle we would have to go to the reserves to pay since they are not budgeted items. She further noted the potential for an emergency and highlighted past events. She commented on past fires, and their related costs. She stressed that it is the Council's responsibility to the community as a whole. 7. Noted that the parks are open right now at a 50% level and that they are being watered and mowed, however there is no organized sports at this time. She stated that the children have access to the play equipment and the only prohibition is against organized sports. She commented that there is a book available at City hall regarding the impact of Proposition 218 and noted that the County is just now PAGE TWENTY -TWO - CITY COUNCIL MINUTES - AUGUST.129 1997, addressing the necessary cut backs. She expressed her understanding of the frustration and anger of the citizens and noted that her children played in the same parks. She stressed the need for volunteers to help with the water trucks and the need for help with the education of the community regarding the menus of the new measures. She noted that it is vital that the community know what is going on. 8. Stressed that the citizens be careful when signing recall papers and stated that they should call for the correct information. She noted that recalls are based on negative issues no matter who is doing them 9. She pointed out that this Council has had a lot of hard decisions to make and has had to make some very tough ones to get the City back on the road of financial stability. She stated that Council needs the community to work with them. Mayor Pape commented on the following: 1. Commented on a Cal -Trans news release on the closure of Highway 74 between lake Elsinore and Perris with 30 minute delays, Monday through Friday, 8:00 a.m. to 4:00 p.m. 2. Addressed the computer system and software that the City received through a grant awarded by the AQMD. He noted that is interesting how someone could make it sound like a negative issue. He further noted a news story on staffs efforts to develop the program. 3. Commented on the Community of Interest issues. He stated that Wildomar may become a City in the future and there is some logic to address it, however he noted that a COI is not really necessary to prevent annexation. - 4. Stated that he was asked to advertise that there are going to be buttons for "Adopt a Park" this weekend. He stated that a committee was formed and they have met with staff to address the park issues. He gave recognition to Don Summers, Rick Kunstel and Sherrie Kunstel, Venus Printing who put together the effort with the buttons and every dollar that they raise will go for maintenance of the parks. Mayor Pape emphasized that the fiill dollar will go to the parks. He stressed the contributions of those individuals. He further stated that buttons will be available this weekend for $1 each and detailed the locations to obtain them. He stressed the need for support of this program and stated that this is a move toward a solution. 5. Noted the comments in the newspaper from people who do not support the measures and stated that they do not want a solution, only for the City to spend money and not solve the major problems that the City faces. PAGE TWENTY -THREE - CITY COUNCIL MINUTES AUGUST 12, 1997 6. Commented on the conference session regarding Proposition 218 and stated that the measures that passed in other cities occurred because there was a unified Council which said the same things. He noted that we started out that way, but flip flopped a couple of weeks later. He cautioned the public to look hard and long at who is providing accurate information and who is playing politics and expressed his disgust with the way it happens. He stated that we need to look at solutions and find a way to solve problems. 7. Stated that it is not necessary to climb over fences since access points to the parks have been provided. He concurred that it is a difficult situation and no one likes it, which more than justifies working together. I _. 8. Expressed his appreciation to Councilman Alongi for his reminder regarding the need for volunteers for the water trucks. He noted that there is no cost for the water since it comes from the City's sulphur water well. 9. Noted the inaccuracies of the fliers being distributed and stressed that it is vary misleading. He stated that we need to put aside all of the angry discussion and political rhetoric. 10. Stated that people in the community need to volunteer and get the word out regarding the election. He Stressed the need for a funding source for the parks. 11. Expressed his pleasure at seeing the Sun Tribune stand up and lay it on the line with the editorial on recall and parks problems. He noted that it has been clearly stated that the City will not be able to bring back the parks without some other cost to public services. He stated that the city does not have a finite amount of money and the revenue sources continue to decline. She stressed the cuts to staff and programs. CLOSED SESSION a. Conference with Legal Counsel - Anticipated Litigation. b. Conference with Real Property Negotiator - Lake Elsinore..Dia none Stadiiun X - City/TMC /Storm - Discussion of Terms of Proposed Transfer, Including without limitation Price and Terms of Payment. City Attorney Leibold advised that there are three potential cases to discuss under 54956.9 and one real case under 54956.8; and noted that at the conclusion of the Closed Session she would make the necessary announcements and the Council will still need to address the Seaport Boat Launch. PAGE TWENTY -FOUR - CITY COUNCIL MINUTES - AUGUST 12, 1997 THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:20 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 11:46 P.M., WITH THE FOLLOWING ANNOUNCEMENT. City Attorney Leibold announced that the City Council gave unanimous direction to the City Attorney and negotiating team to pursue negotiations on the Diamond Stadium. She further announced that direction was provided on two cases of anticipated litigation. She advised that Councilman Alongi was excused from the Closed Session for the third case, with the remaining four Councilmembers directing Legal Counsel to proceed with that case of anticipated litigation. 32. Seaport Boat Launch Fundine. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE TRANSFER OF $129289.16 FROM THE DEVELOPER AGREEMENT FEES AND AUTHORIZE STAFF TO PAY THE OUTSTANDING INVOICES; AUTHORIZE NOBLE CONSULTANTS TO PROCEED WITH THE RESOLUTION OF THE CLAIM AND THAT STAFF WILL TRANSFER THE NECESSARY FUNDS TO PAY FOR THE SERVICE, NOT TO EXCEED $10,000 FROM THE DEVELOPER AGREEMENT FEES. ADJOURNMENT MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:48 P.M. MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 26, 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Leibold. INVOCATION The Invocation was provided by Pastor Joe Rivera, representing Pressing on Faith Ministries. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS A. Presentation - TMC Communities - Eastlake Project. (F:134.10) Mayor requested postponement of this presentation for better viewing of the slide presentation. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item Nos. A, 3 and 31 of this agenda. CONSENT CALENDAR ITEMS MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS U PAGE TWO - CITY COUNCIL MINUTES - AUGUST 26, 1997 PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - June 24, 1997. b. City Council Study Session - July 14, 1997. C. Adjourned Regular City Council Meeting - July 15, 1997. d. City Council Study Session - August 5, 1997. (F:44.4) The following Minutes were received and ordered filed: e. Planning Commission Meeting - July 16, 1997. f Planning Commission Meeting - August 6, 1997. (F:60.3) g. Design Review Committee Meeting - July 16, 1997. h. Design Review Committee Meeting - August 6, 1997. (F:60.4) 2. Ratified Warrant List for August 14, 1997. (F:12.3) 3. Received and ordered filed the Investment Report for June, 1997. (F:12.5) 4. Received and ordered filed the Monthly Report on the State C.O.P.S. Grant for June 30, 1997. (F:84.8) 5 Approved Cost Recovery for Abatement Costs on 106 South Chestnut Street and authorized placement of a special lien against the property. (F:32.4) 6 Adopted Resolution No. 97 -60 of Application to join Riverside County Waste Resources Management District. (F: 163.1)(X:140.1) RESOLUTION NO. 97-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO JOIN THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT. 7. Approved Final Parcel Map 28524, subject to the City Engineer's acceptance as being true and correct and accept all dedications at time of recordation; authorized the City Clerk to sign the map and arrange for recordation and authorized the City Clerk to sign and obtain the signature of the Mayor on the agreement for the Construction of Public Improvements.(F:110.2) BUSINESS ITEMS 31. Wells in City Parks. (F:114.1)(X:164.1) Mayor Pape noted that there are three options proposed for this item. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 26, 1997 City Manager Watenpaugh noted the proposal received from a private contractor to drill for water and supply water free of charge to the City for the parks. He noted that this discussion has already occurred at the City level, as well as with the Water District. He detailed the staff recommendations on this item and noted a FAX received from Water District General Manager Hoagland regarding their willingness to discuss this matter further. Dick Knapp, City Treasurer, indicated that this was a good idea, but expressed concern with where that well would be. He indicated that there is plenty of land at a safe level; and suggested directing the excess water to run down the channel to use for irrigating the State park; or put an additional well at that location. He detailed possible costs for drilling a well and providing the holding tank, and suggested that it might be worth the City's while to invest in this project, with excess water sold to EVMWD. Councilwoman Brinley questioned the Council's feeling on this item. MOVED BY BRINLEY, SECONDED BY KELLEY TO WORK WITH THE WATER DISTRICT AND ANY PRIVATE CONTRACTOR TO DETERMINE THE BEST APPROACH. Councilman Metze suggested that further reports be prepared on all three options. Mayor Pape indicated that staff would bring back reports on all of the options.. Mayor Pro Tem Kelley thanked MBC Constructors for their generous offer and for getting the ball rolling. Councilman Alongi indicated that he wished this action had been taken in 1993, but suggested that this would need to be discussed with the City Attorney and Water District to address potential legal issues. Mayor Pape suggested it would be appropriate to go with the best offer. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PRESENTATION A. Presentation - TMC Communities -Eastlake Project. (F:134.10) Todd Olson, President, TMC Communities, explained that they were present to detail their vision for Eastlake and noted that they wish to return in October for further consideration. He advised that they were now working in partnership with Civic Partners. He noted that this is the 3,000 acres of land PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 26, 1997, , behind the levee and presented a computerized slide show of their vision. He detailed the history of Lake Elsinore; and noted the impacts of flooding and drying out on the community. He noted the completion of the Lake Management Project in 1994 and indicated that due that project Lake Elsinore is on the verge of a rebirth, of which they are pleased to be a part. He noted the importance of planning this project in close partnership with nature and explained the status of the land on which the project is to be built. He detailed the proposed wildlife habitat and trails and stressed their vision of a resort destination. He detailed their plan for a variety of villages to achieve the small home town atmosphere. He further detailed possible types of architecture for the project and announced that their project will be called "Liberty". Mr. Olson noted that the specific plan was approved in 1993 and the first village of Liberty will move forward under that plan, with formal plans for the project anticipated for October. He also detailed the features of the first phase including a 30 acre lake feature, a 150 room Inn, an 18 hole championship golf course and homes. He advised that the homes will range from vacation cottages to large estate homes; and the project will also include entertainment and retail components, and an elementary school. He commented on the aggressive planning effort to submit grading plans by the end of the year with the project ground breaking in the spring of next year. He advised that the first village will impact very few of the existing land owners, but all of the land owners h ave been invited to attend meetings, view the presentation and discuss the impacts on their properties. Edith Stafford, indicated that she is within this plan and questioned the plan which has gone on since 1990. She further indicated that she has seen presentations before and questioned why the project is not at the plan stage. She noted the discussion of hotels, etc., but indicated that there are no plans to clearly point out where these development will be. She stressed that there should be more than a presentation by now. Mr. Olson emphasized that this project will differ from the typical real estate developer project; and noted that they wanted to introduce it to the Community and the City Council at this point, with plans to follow very quickly. He concurred that this project has been discussed for several years, but noted the difficult real estate cycle which is now ending. He reiterated that they wanted to preview this Vision with the Council and the Community. Councilwoman Brinley questioned the number of meetings with the landowners. Mr. Olson indicated that two meetings are planned and invitations are out to the landowners. Mrs. Brinley suggested that they confirm the proper addresses to insure that all of the property owners are invited. Councilman Alongi indicated that he was disappointed in the presentation; PAGE FIVE - :CCITY COUNCIL MINUTES - AUGUST 26, 1997 and noted that he believed that people expected a detailed plan for the project. He reiterated that this project has been discussed for a long time. He stressed that people are looking for actual plans of the hotel or the golf courses; and suggested that it is misdirecting as to what people expect from the landowner meetings. Mr. Olson indicated that they can make it very clear in those meeting who would be involved and who would not. He indicated that they wanted an opportunity for the planner to be present to discuss the detailed plan, and expressed hopes that could occur at a meeting in October. Councilman Alongi noted that invitations were sent to people north of the channel and questioned why they were included. Mr. Olson indicated that there are some properties north of the channel involved in the project. Mayor Pape noted his appreciation for the developer providing them the ability to stay appraised of what is occurring and the opportunity for input at this stage. He indicated that so far, from what he has seen, the concept is unique for Southern California. He noted that the project fits well with the orientation of the community. Councilwoman Brinley noted the past developers for this area including Arvida, Dan Young, etc., but noted that none of the past developers have gone this far with a formal presentation. She commented that TMC has made great strides to move forward with the project and expressed appreciation for the presentation and willingness to keep the Council current on their progress. Mayor Pape noted the impact of the proposed man-made lake with homes, the 150 room hotel and the golf course. He concurred that the schedule was very aggressive to anticipate having plans by the end of the year and moving dirt by the spring. Mayor Pro Tem Kelley thanked Mr. Olson for the presentation and concurred that the plan was quite ambitious. THE CITY COUNCIL MEETING WAS AT 7:35 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:37 P.M. PUBLIC COMMENTS - NON- AGENDIZED ITEMS Dick Knapp, City Treasurer, noted that he requested the June pool investment report at the last meeting and indicated that this report shows the accounts where money is invested and advised that it is currently about $13 million. He expressed concern that he had not received the backup material with regard to the investments, as he has received the last four. He indicated that he asked for the report and received an PAGE SIX —CITY COUNCIL MINUTES - AUGUST 269 1997- inadequate report. He noted the date on which he requested the material and advised that he has not yet received the information. He advised that he received a report, but it had nothing to do with what he asked for. He indicated that the report he requested could prove that there is money to keep the parks open. He suggested that the Mayor has prevented him from receiving the requested information and questioned Mayor Pape on what he and the City have to hide. He indicated that the truth is out and it was never necessary to close parks. City Manager Watenpaugh noted that he has discussed this matter with Mr. Boone and has indicated that the information should be ready tomorrow, but the auditors have been in house and staff has not had time to address it. He explained that the information is available, but not in the special reports requested by Mr. Knapp. Joyce Hohenadl, 27 Corte Palazzo, spoke as Task Force Chairperson and stressed the need for support in the November election. She noted the lack of knowledge on the losses of revenue to municipalities. She further noted that the people who encouraged a NO vote on Measure BB, did not mention the City services to be lost. She detailed the reasons for the latest Task Force proposal, being to address the loss of revenue from a roll back in the LLMD fees due to passage of prop 218; declining assessed valuation and continued loss of state funding for a total of about $1.6 million. She noted the efforts by the volunteers, Council, staff and the newspapers who tried to keep the community involved. She commented that the Task Force received input from the community and tried to find an option to best address the concerns of everyone. She stressed the need to create a replacement revenue stream. She further noted that the Council unanimously supported placement of three ballot measures on the ballot and detailed the breakdown for the three measures. She thanked the developers, business people and community for their support and noted the buttons for support of the parks. She stressed that the emergency funds allocated to parks will ultimately need to be replaced. Chris Hyland, 15191 Wavecrest, addressed leasing of the Diamond to a middle man and suggested it was a great offense to the residents. She stressed the cost of �- the Diamond and the losses for operation of the facility. She questioned the real story and the benefit of leasing to a developer middle man; and how it was possible to generate revenue to off -set the debts. She further questioned why the developer does not purchase the Stadium and lease it to the ball team. She also questioned if the land was not deeded to the City would it have been deeded to the developer for use of the stadium. She suggested that the Council was not capable of making a deal with the ball team and explained her view of how the negotiations should occur. She further suggested the use of fimds to open the parks and take the fences down. Nita Van Heest, 33146 Shoreline Drive, directed her questions and comments to Mayor Pape, requesting an explanation of a press comment regarding the City Treasurer. She noted his original campaign statements when he ran for office and suggested that she has been classified as a CAARP. She stressed that the City does PAGE SEVEN. -CITY COUNCIL MINUTES - AUGUST 26, 1997 not directly elect a Mayor, and he is merely one of the Councilmembers selected by his peers. She finther stressed that the City Treasurer is an elected official and accountable to the people. She indicated that he should not degrade and demean other elected officials. She demanded that Mr. Knapp be given equal comment time to that of the City Council, and requested a response to that demand. Helen Moore, 3607 Eisenhower Street, representing the Elsinore Valley Artists Society, indicated that she is a 14 year resident of Lake Elsinore and noted that the Elsinore Valley Artists Society was formed 11 years ago. She advised that this is a non -profit organization which is very active. She noted the cooperative art show begun seven years ago in collaboration with the City. She indicated that their next show is scheduled for at the Community Center in two weeks. She detailed the expenditures required to present that show and expressed concern with being charged for staff time for the event. She indicated that the original estimate was approximately $160 -$190 for the required staff. She further indicated that they ; always leave the facility in better condition than they find it. She advised that they carry their own insurance for their shows, pay for rentals, provide a reception, etc.. ,.. and cannot afford these fees. She indicated that they may need to cancel for next year, based on these costs. Fred Feinberg, 3612 Dove Lane, North Las Vegas, noted that he came down from Las Vegas; and noted that he is glad to see the community progressing with Denny's, the new market, Outlet Center expansion, etc. He commented that the same people still don't go to ball games, and some things are still the same with the same "naysayers ". He stressed that he wants to see progress and indicated that he is glad to see that TMC wants to proceed with Eastlake. He indicated that he is glad to see that most people want to support the parks, as he would like to see all of the parks stay open. He fiuther indicated that he would like to see the community grow, and more businesses come in. Councilman Alongi questioned us address. Mr. Feinberg provided Mr. Alongi with his address and phone number; and noted that he still owns 60 acres in Lake Elsinore. Dick Knapp, City Treasurer, noted that he just received the new bond issue yesterday, and noted the final dollar amount of the issuance. He questioned a noted transfer to the Authority and whether it would be coming back to the General Fund to reimburse the $600,000 loaned to the CFD's. He also questioned if it would take care of the RDA funding or if it is only for CFD 88 -3. He again stressed that there is money for the parks. John Seepe, 15631 Half Moon Drive, indicated that he has a hard time understanding the push to put in more developments when there are so many already approved and not built. He addressed Mr. Olson and indicated that if he is paying for the project it is fine, but suggested asking the existing residents who will pay the maintenance costs after they are gone, for input. He inquired if anyone cares that the City has the highest per capita debt in the State. He noted the City Council meeting that was not televised and why the long and short financial plans are not in } , {, :. PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 26, 1997 writing. He indicated that if the Council was concerned with the finances they would buy business cards in Lake Elsinore rather than Fallbrook. He suggested that voters should listen to the way Candidates respond to concerns during the election, because the response will be the same once they are elected. L. Dean Billings, indicated that he was empowered by God to be in Lake Elsinore. He commented that Lake Elsinore was a community in 1972, and he was drawn to Lake Elsinore because there is a "skunk in the woodpile ". He further indicated that God has shown him a way, if he can get the ear of the Council and some developers. He indicated that this is Lake Us and More, and noted that his plan is so easy, yet so complex. He stressed that his intent is to make the Community what it used to be and expressed his love the community. He further suggested that it is always important to move forward, but never straight ahead. Frank Jackson, representing Chuckles Java Junction, noted the Council approval for closure of the street for a music promotional event. He advised that it was a successful event with no incidents, and the City was very easy to deal with. He thanked the Council who were present, and reiterated that it was very successful. He expressed hopes they could do it again. Peter Dawson, 18010 Grand, Avenue, addressed water the lifeblood of all living things, and stressed that Southern California is really an and desert. He noted the potential for a bountiful wet winter and the potential for Lake overflow. He commented that with the improvements, the Lake should level at just over 1255' elevation, and noted the impact of the levee on the overall size of the Lake. He further noted the wetland area behind the levee, and indicated that they were told that the back basin could protect them from flood waters, but expressed concern with the houses to be built in the back basin. He commented that potentially water and houses can exist, and concurred that the project looks very nice. He addressed the weir that allows for storage behind the levee, and suggested that there is little likelihood for any water storage. He suggested it might be appropriate to consider a smaller Eastlake Project. Edith Stafford, 54 Elm Street, reminded the Council of the vindictiveness that they have taken in closing the parks without just cause. She stressed that the City has the money, but say they do not. She suggested that they could admit an error in closing the parks and called on the Council to do the right thing; and reiterated that the parks should be reopened to full operation. She indicated that they have collected more than 1,500 signatures of people who believe that the City has the funds and did not need to close the parks. She questioned the Council about the half million dollars which was a refund from the development of the bridge and inquired where that money was going. She indicated that she was told that the City would receive that amount of money and stressed the need for a public accounting for that money for use in the parks. She addressed the TMC presentation and noted that she attended them all before, and noted the other parties who made the past presentations. She suggested that they were all similar to what was heard tonight, PAGE NINE - :.CITY COUNCIL MINUTES - AUGUST 26, 1997 and questioned why the presentations are continuing and no plans are going forward. She suggested that they should get on with it and give the people a chance to have their say. Mariana Mohylyn, 305 W. Sumner, expressed sincere appreciation and gratitude to Bill Walsh and his capable team of officers for recovering items precious to her. She indicated that crime and theft have been on the decline for Lake Elsinore and stressed that those protecting the community are doing a great job. She questioned the cost and expense of the Eastlake project, and suggested that it is necessary to have much more discussion and explanation. She noted the benefits and value of liberty. CITY MANAGER COMMENTS City Manager Watenpaugh noted need for a number of study sessions. He suggested October 16th from 3 to 5 p.m. for a session on Goals and Objectives. He detailed the other topics for discussion at study sessions including a presentation by WRCOG on Electrical Deregulation, a presentation by Eastern Municipal Water District regarding their reclaimed waterline and wetlands project, a request from Triple Crown regarding an open air market; and the ski school concession in the inlet channel. He requested direction for staff regarding this scheduling. He detailed the timing requested and noted the Council schedules. After discussion it was decided to consider the four topics detailed above on September 16th at 3 p.m. Councilman Alongi requested clarification of the topics. City Manager Watenpaugh clarified. Councilman Alongi requested that the ski school agreement be mailed to him for review. CITY ATTORNEY COMMENTS City Attorney Leibold noted the need to address two items in Closed Session. CITY COUNCIL COMMENTS Councilman Metze commented on the following: 1) Requested the Council consider placement of a resolution on a future agenda regarding the California Caucus for cities and schools and explained the efforts by the City of Covina to get the monies back to the local jurisdictions. He indicated that there is a need for a constitutional initiative for reallocation of sales taxes. He stressed that he would like to see this effort move forward to get the tax dollars reallocated. Council concurred. Councilman Alongi commented on the following: 1) Noted that things are not always what they seem and addressed r{u PAGE TEN - CITY COUNCIL MINUTES - AUGUST 26, 1997 - the ball field indicating that it has cost every service lost by the community and stressed the need to be certain what is being discussed. He noted that he likes the ball field, but does not like what it costs. 2) Addressed the $500,000 questioned by Mrs. Stafford and indicated that it was used to address the debt on Tuscany Hills. He stressed where the taxes are going, and suggested that people need to know that the beautiful theater is costing tax dollars. 3) Commented that people who live out of the area chose to live there, but he chose to live here and must live with the decisions made by the Council. He indicated that people need to be careful with their statements and noted that he would be happy to call Mr. Feinberg. 4) Addressed the City Treasurer's report and stressed that he is entitled to the information he requests and the respect associated with the position. 5) Commented on Measure BB and indicated that if the Committee had done its job it would have passed. He indicated that it did not cost the City services, as those were provided through the General Fund. 6) Addressed the Eastlake project and noted that he has seen a lot of plans and agrees that it is a beautiful project. He noted the distrust by the community is because there have been so many changes to the project. He also noted the proximity of this presentation to the election, and commented that things seem to start to happen as an election approaches. He suggested that building is not occurring quickly, because Centex one of the biggest builders at the time is building at a rate of only 5 or 6 houses a month. 7) Commented on the Mayor's State of the City address and indicated there were a couple of problems with the information presented; first with what it is costing for the Outlet Center. He indicated that it is $107,000 a year for just the sewer assessment. He fiuther indicated that the figures on the sales tax, although it is the proper way to use the RDA, it is not producing what was expected. He noted that the Outlet Center sales tax since opening has been $3,100,000, or about $400,000 a year, even though it is doing its job. He noted that this is the only RDA investment showing a profit. He also noted the sales tax for Walmart, and detailed the breakdown by the year; but indicated that no one has done a study to see how much was diverted from mom and pop businesses and K -mart. He stressed that he does not think Walmart was a good investment based on the dollars presented. He cautioned the people to be careful of what the Mayor is telling them. - He quoted the Mayor regarding the Stadium costs going from $1.1 PAGE ELEVEN.- CITY COUNCIL MINUTES - AUGUST 26, 1997 million to 0 and indicated that the agreement has not occurred yet. He indicated that he has no idea what will occur with TMC and the ball park. He further indicated that he will not support anything that does not fund the maintenance on the ball field entirely. He suggested that this discussion of the tax dollars is putting the cart before the horse. He noted the comment on plans to reopen the recreation area for day use only; and questioned if the City has the money to do that, why did that not occur when Mr. Watkins was there. He questioned the logic of spending the money to open the park this time of year and questioned the staffing for the facility. He indicated that he does not appreciate the Mayor's new acronym, noting that he opposes things because they are costly. He stressed that he does not want to spend tax dollars in the private sector; and indicated that Measure BB was caused by bad investments. 8) Addressed comments by Councilmembers Brinley and Kelley that the City is better off. He noted the finances in 1992 and noted the special events provided and that the parks were wide open. He indicated if they call things better today, they need to get off the Council. He stressed that the parks should be funded from the General Fund. 9) Announced that this Thursday, More than Three Minutes will be discussing the City Council candidates, their history and their experience. He indicated that he will open the phones and start talking about the candidates and see what the community thinks. 10) Acknowledged the letter from Mrs. Risk. 11) Stressed the importance of the RDA making secure investments, and noted the decreases in area property values. 12) Noted a letter regarding the racetrack from Mr. Maudlin. He f Cher noted a comment that it would keep people off the Ortega Highway and other speed zones. He expressed hopes that he was not suggesting that the speeders come to Lake Elsinore. He commented that he went on the Ortega and the recent improvements are beautiful; and suggested that the danger is in the drivers. 13) Addressed a letter from Main Street bakery, and agreed that if there is an allowance for businesses to make noise at 10 p.m., they need to assure that it is compatible with the other businesses and the public right of way. He stressed that the benches belong to the citizens, and indicated that the City should put together an ordinance that will give equality to all businesses in the area. He noted a discussion at the Monterey Conference regarding sidewalk cafes, but the businesses rented the space on the sidewalks, and suggested that the City should PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 26,:1997 ; . consider that as well. Mayor Pro Tem. Kelley commented on the following: 1) Provided an update for the citizens and Council regarding the Committees she is serving on including a note that the LSSI Management for library services has added three additional hours a week to the Lake Elsinore branch, and they will be opening on Saturdays, starting September 6th. She noted that this is a small but positive step. She also noted legislation signed by the Governor to allow cities to recover the funds collected by the County for libraries. 2) Reported on WRCOG and noted that they have key issues coming up regarding electric restructuring which will be considered at the upcoming Study Session. She noted that she will need council input on her vote on this matter. Also noted changes to the federal air quality regulations, with more stringent guidelines with far reaching impacts. 3) Expressed kudos to Florence Mowrer for her efforts on Waste Management, on behalf of the City. She indicated that she was very proud at the meeting when the overhead on the screen showed Lake Elsinore's reduction down to 47% and noted the 50% goal for the year 2000. She congratulated and thanked Mrs. Mowrer for her efforts. 4) Thanked staff for their efforts on Lakeshore Drive with tree trimming, etc., in spite of being stretched thin. 5) Noted the Chamber Mixer on Thursday night. Councilwoman Brinley commented on the following: 1) Thanked the staff for their work on the Visions and Views presentation for August on the Lake. Also thanked Pete Dawson for the use of the boats to take footage, and expressed hopes that everyone saw the program discussing the wetlands and the Lake. 2) Thanked Mr. Jackson of Java Junction, and indicated that it is wonderful when someone takes the time to encourage a young person's career. She indicated that it is the responsibility of the Council to go out and support this type of event, and noted that Mr. Jackson can always be relied on to do as he says and provide proper clean up and crowd control 3) Addressed Main Street and indicated that it is under enough constraints at this time. She indicated that she feels working together and planning events correctly does not hurt Main Street. She noted the potential PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 26, 1997 that this type of event would provide business for the other businesses. She commented on her discussions with other cities and noted that they use their downtown areas to draw people out in the evenings to enjoy the community. She indicated that she would like to see open air markets downtown as is done in Redlands. She explained that this is a 15 year tradition in Redlands, and stressed that it provides an opportunity to see the neighbors and support the community. 4) Addressed Mrs. Stafford and indicated that the parks are not closed, but open at a 50% level, and detailed the maintenance schedule. She, stressed that the parks are open for the public, but not for organized sports, and noted the Council efforts to find other solutions. She expressed appreciation to Mr. Summers for the "Adopt a Park" effort, which shows that the community is pulling together. Mayor Pape commented on the following: 1) Noted that his State of the City address last week was taped by the Cable Company and will be televised on Thursday night at 8 p.m. on _- channel 3. . 2), : Expressed appreciation to TMC for their presentation on the "Liberty" project and noted the impacts of the recession on delaying the project; and noted that things are now picking up and exciting things are starting to happen. He also noted that people from outside the Community sometimes are the first to see good things. 3) Indicated that he did not understand how anyone could find the Stadium lease proposal a bad thing. He stressed that the cost would go to zero, and noted that the comments at this meeting were all negative. 4) Addressed the number for the Outlet Center and Walmart and indicated that they were all provided by the Finance Department. He indicated that he asked for total revenues including sales tax and property tax revenue; and detailed the numbers for the Outlet and Walmart. He indicated that he would not second guess what the past City Councils have done, and stressed that these are much needed sources of income. D 5) Referred to CAARP acronym, and indicated that he meant it toward no one in particular, but meant to make it humorous. He noted that sometimes he feels that way, but it was not directed toward any one. CLOSED SESSION a. Conference with Legal Counsel - Pending Litigation. PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 26, 1997 1. Lytle Creek Partners vs. City of Lake Elsinore - Case #213915. b. Conference with Real Property Negotiator - 80.43 Acres - AP #365- 020 -026, 365- 020 -021, 365- 007 -026, 365- 020 -027 and portion of 370 - 020 -002 - TMC/LEA Settlement Agreement - Discussion of Terms of the Agreement.. City Attorney Leibold noted that there were two closed session items under 54956. 9a for item "a" and 54956.8 for item " b ". THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION ON THE ABOVE MENTIONED MATTERS AT 8:58 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:56 P.M., WITH THE FOLLOWING ANNOUNCEMENTS. a. Conference with Legal Counsel - Pending Litigation. 1. Lytle Creek Partners vs. City of Lake Elsinore - Case #213915. LEGAL COUNSEL PROVIDED THE CITY COUNCIL WITH AN UPDATE ON THE STATUS OF LITIGATION AND THE CITY COUNCIL UNANIMOUSLY PROVIDED DIRECTION IN CONJUNCTION THEREWITH FOR STAFF TO WORK ON PLANNING THE MSC. B. Conference with Real Property Negotiator - 80.43 Acres - AP #365 -020- 026, 365- 020 -021, 365- 007 -026, 365- 020 -027 and portion of 370 - 020 -002 - TMC/LEA Settlement Agreement - Discussion of Terms of the Agreement. THE COUNCIL UNANIMOUSLY DIRECTED STAFF TO PROCEED WITH NEGOTIATIONS. ADJOURNMENT MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADTVINW�P2A;E,MAYOR E REGULAR CITY COUNCIL MEETING AT 9:59 P.M. ZITY OF LAKE ELSINORE MINUTES . REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 9, 1997 [N_,I1111" riX1 The Regular City Council Meeting was called to order by Mayor Pape at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. INVOCATION The Invocation was provided by Pastor Alex Sowins, representing First Christian Church of Lake Elsinore. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Assistant to the City Manager Best, Police Chief Walsh, Fire Chief Seabert, City Engineer O'Donnell and Deputy City Clerk Bryning. PRESENTATIONS A. Presentation - Riverside County Librarwstem..:98.1) Riverside County Supervisor Buster highlighted the history of the Riverside County Library system and noted that a Zone Advisory board has been formed to better address the needs of the Library system. He noted the advantage of using LSSI Library Systems who is now operating the Libraries. U Gary Christmas, Library Manager for LSSI, gave an overview of his company and his own personal background. He addressed the contract with the County of Riverside for the Libraries and noted key items in the contract including: 1) Service hours and staffing; 2) Retention of all existing staff; 3) Increased hours; 4) Money for new materials; 6) Facilities remaining County PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 99,1997 buildings and maintenance; 7) Addressing the needs of the community to improve the use and services; 8) LSSI contributing to the Library System for capitol improvements; 9) Establishment of a Non Profit Library Association. He further explained that they have increased hours and hired additional staff, as well as increasing volunteer hours. He noted that at the end of September they will be ordering new materials. Mr. Christmas explained that they will be adding new services in the future such as Library Express, Library Stations, and a link up with the School District to assist in serving the students of the community. Supervisor Buster noted that there is a new delivery system for book loans. Mr. Christmas explained the program and gave an overview of State Funding which will increase the resources of the system. He explained that the next few years will be spent rebuilding the system. Supervisor Buster commended the new delivery service and announced that the next Zone Advisory Board Meeting will be held at the Kay Ceniceros Center, on September 30th. Mayor Pro Tern Kelley noted that LSSI has increased hours and now provides service on Saturdays, which she feels is a real improvement. Mayor Pape commended Mr. Christmas for opening the Library on Saturdays, since most of the people that live in Lake Elsinore commute and the only day that they can make it to the Library is on Saturday. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 2, 3, 8, 9, and 32. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 3, 5, 7, 8, and 9. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT, TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 1. The following Minutes were approved: (FA4.4) a. Regular City Council Meeting - August 12, 1997 b. Regular City Council Meeting - August 26, 1997 4. Rejected Claim No. 97 -19 - Jerald Gunzallors and referred to Claims Administrator. (F:52.2) 6. Approved the cancellation of City Council Meetings of October 14 and November 11, 1997. (F:44.1) (F:134.1) PUBLIC HEARINGS 21. Zone Change No. 97 -1 and Commercial Project No. C 97 -4 - Cal Burgers Restaurant at 29301 Riverside Drive - Continued from Auglst 12, 1997 - Ordinance No. 1032. (F:172.2) (F:58.2) City Manager Watenpaugh gave a brief overview of this project and explained that the item had been continued from the August 12, 1997, City Council Meeting to give the opportunity to discuss potential zoning and use of the site. He noted that the owner.submitted a letter explaining why they prefer to build a restaurant with a drive -thru on the subject site. Mayor Pape asked if Council needed to reopen the public hearing. City Attorney Leibold stated that since the public hearing was continued there was no need to open the hearing. Mayor Pape asked those persons interested in this item to speak. Mr. George Smyrniotis, owner and applicant spoke in favor of the project and explained that the purpose of the drive -thru was for economic reasons and that it is necessary. He explained that 40% of the business is walk -in trade and 60% is drive -thru business. He detailed the steps taken to satisfy Cal- Trans requirements and noted the position of the drive -thru, which make ingress and egress in the parking lot. He emphasized that the drive -thru is an economic necessity. Councilman Alongi asked if all the problems have been solved with Cal Trans. Community Development Director Leslie explained the requirements Cal -Trans felt were necessary and stated that all the conditions have been met, with the exception of the road improvements for widening of Riverside Drive which would come later in the project. Councilman Alongi asked if the applicant was aware of the significant amount of work that would be required for street improvements. Community Development Director Leslie stated that the applicant has been dealing directly with Cal-Trans. PAGE FOUR - CITY COUNCIL MINUTES SEPTEMBER 99 1997 Mayor Pape stated his appreciation for the applicants efforts to upgrade the project since that is an important corner in the City and as people come in it creates a first impression of what they see as they enter our City. He also stated that he does have a problem with a drive -thm right on that corner. He fiu ther stated that he felt it lent to a little nicer situation for a restaurant right on that corner. He noted that there were quite a few drive -thru right in that area, therefore the City is not lacking in that area, and we need to address the needs of the community to have something that will reflect upon the City for many years to come. He explained that he is not opposed to the restaurant, however he is concerned about the drive -thru portion of it. Councilman Metze stated that he does not have a problem with the drive -thru, however he would like to see the restaurant zoned C -2 with the rest of the property going to C -M which would keep us in conformance with the General Plan. He explained that waiting for a sit down restaurant is unwise and noted how long it took to get a Denny's Resturant. He further noted that Council now has someone here willing to come to the City and do something. He further stated that they have done their studies and the applicant feels that there is a need for a restaurant; and noted that he has no problem with his existing restaurant, as it is a fine and well run establishment. Councilman Metze noted the contributions that the applicant has made to the community and indicated that he would not have a problem with this project as long as the zoning is addressed. Mayor Pro Tem Kelley stated that Council must be sensitive to the fact that this is a gateway to the community and should be cautious as to what goes into the area. She noted that there are already two drive -thru restaurants located around the corner from this proposal; and further noted that it is not compatible with the current General Plan zoning. She further stated that she understood that the applicant had invested dollars and time to get to this point: She suggested that in the future there be a study session with Council and Planning Commission to view the proposed projects for that area to allow both boards to better address the area, prior to an applicant spending lots of money. She stated that she did not have a problem now that the applicant is before Council and has made financial commitments. Mayor Pro Tern Kelley stated that it is really not what she wants to see in that area, however she does not have a problem with that project going in as long as the zoning is addressed to change the zoning only where the restaurant sits and not for the whole section. She concurred with Councilman Metze's suggestion. She stated that she does want Council to set study sessions to consider matters in the future regarding zoning. Councilman Alongi reminded Council that at the last meeting Councilwoman Brinley asked for a Study Session to address this matter and there was none held. He stated that he is concerned with this area because he does not like to see the whole area change because of one restaurant and he has further concerns with safety. He stated that he would like to see what Cal -Trans has PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 to say about the drive -thru. He further stated that it is important to have all the facts, since if Council gives approval of this project and Cal -Trans does not approve the project with the drive -thru, then the applicant is right back to Council again and he would like to avoid that. Councilman Alongi stated that a partial zone change for the proposed site is fine, however he does not want to see the whole area changed; and and expressed concern with the safety factors of a drive -thru in that area and if Cal -Trans will even approve it in that location. He explained that the area is sensitive and is a gateway to the community. He further stated that due to the amount of traffic in that area, safety is a major concern and he would like to see more information from Cal -Trans prior to making a final decision. He explained that he did not want to give final approval unless Cal Trans gave a specific answer regarding the impact in that area especially regarding the drive -thru. Councilman Alongi explained to the applicant that he is not against the project "and it is not that he does not want to see it there, but rather when he makes his decision he needs to know that it is good for the applicant, as well as for the community. Mayor Pape asked for clarification of Mr. Alongi's recommendation. Councilman Alongi stated that it could either be done during a study session t. or brought back before Council for consideration with further clarification and information from Cal -Trans, which states that they would allow the drive -thm and whether the applicant can meet the required mitigation. He stated his concern with the driveway being so close to the intersection and creating a safety hazard. He further stated that he did not want to give the applicant the wrong impression since this project depends on Cal -Trans approval, as well as City approval. Mayor Pape stated that zoning could be a problem, as C -M is the current zoning and the City can decide on a drive -thru as an appropriate use or not. . Mr. George Smyrniotis stated that Cal -Trans has already approved the drive - thru. He noted that Cal -Trans has been in contact with the Planning Department and both parties were agreeable to the plans. He explained that they moved the drive -thru from 210 feet to 300 feet from the corner to meet Cal -Trans requirements. He stated that he did not understand why this project could not be approved, since all of the requirements from Cal -Trans have been met. He noted that he has considerable business experience and explained that without the drive -thm the business would go belly -up. He further noted that for each person that enters and sits in the restaurant, there are 10 that go through the drive -thru. Mr. Smyrniotis explained the improvements that he has made and questioned why time was being wasted. Councilman Metze stated that the point Mayor Pro Tern Kelley was making was that irregardless of what happens with this project, and suggested that all future projects should come to a study session with the Council and Planning Commission for consideration, prior to proceeding with the project and making major investments. 1'At� PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 99 1997 MOVED BY METZE, SECONDED BY KELLEY TO REZONE ONLY THE PROPOSED RESTAURANT SITE (1.16 ACRES) TO C -2 AND REZONE THE REMAINDER OF THE PARCEL (1.38 ACRES) TO C -M. Councilman Alongi stated that he wished that Councilman Metze would wait on his motion, since if there is a two -two vote it will cause more of a problem than currently exists and will be unfair to the applicant. He explained that he felt that Council should examine this project seriously and make the right choices in order to avoid having another Diamond Drive. Councilman Metze stated that he has given this serious consideration and he does not feel that Diamond Drive is a negative. He called for the question. Mayor Pro Tem Kelley asked for clarification regarding a study session with the Planning Commission as part of the motion. Mayor Pape stated that it was not part of the motion. THE FOREGOING MOTION FAILED WITH A VOTE OF 2 TO 2 WITH ALONGI AND PAPE CASTING THE DISSENTING VOTES. BUSINESS ITEMS 31. Charity Football Game for Parks Funding. (F:114.1) City Manager' Watenpaugh gave an overview of the proposed benefit football game which would be sponsored by the T.E.M.P.O. Dolphins, November 1 st, with all proceeds, after expenses being donated to the parks funds. He presented a proposed breakdown of the cost estimate for the game which would be $3,910. He stated that it is staff s recommendation to waive the rental fee of the Stadium ($2,500) for this specific event; donate the City's 22% concession revenue to offset the operational costs, from gate and concession revenues, concur with the request for payment of all operational costs for the event with the balance to be donated to the park Fund Raising Account; and secure a Certificate of Insurance listing the City as additional insured in the amount of $1 million from the T.E.M.P.O. Dolphins. City Manager Watenpaugh pointed out that he is not in favor of the waiver of fees and noted that a savings of $1,250 could be made by having a day game, however the existing deposit for damages made by the Dolphins could be applied to this event as well. He noted that if any of the funds have to be used from the deposit, then it can be replenished. Mayor Pape stated his appreciation for the efforts the T.E.M.P.O. Dolphins have made for the community to raise money for the parks; and suggested that perhaps the City could co- sponsor the event and lower the rental fee to $1,000. He noted that Sectuity was being donated for this event. PAGE SEVEN -CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 Councilman Alongi suggested that Council have a short meeting with Mr. Del Regno, President of the Dolphins and discuss the possibility of signage at the State Park. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM UNTIL AFTER ITEM NO. 32 IS HEARD. City Manager Watenpaugh provided an overview of the history of the Campground formerly known as the State Park Campground and noted that as a result of noncompliance, the City found the concessionaire in default of the agreement eventually resulting in the concessionaire vacating the premises in late July of this year. He noted that due to the extensive nature of the repairs, the anticipated costs, as well as the season of the year, it is staff s recommendation that the facility be opened on a limited basis for "day use" only. City Manager Watenpaugh gave an overview of the funding for this project and noted that it is staffs recommendation to secure a firm to develop and market an RFP for leasing of the campground in a timely manner with the City Manager approving and executing the contract with said firm. Councilman Alongi stated that a considerable savings could be made on this project if the signage is donated by an outside party. He further addressed the portable restrooms and explained that the cost for an ADA restroom was extremely high and it would be better for the City to purchase one and pay for service only. In that manner it could be used for other purposes as well as at this facility. City Manager Watenpaugh agreed that it would be a savings. Mayor Pape called upon those persons who wished to speak on this issue. Dick Knapp, City Treasurer, stated that he felt that it was good that the City,.,, was opening the campgrounds, however he felt that it was bad for City finances to do it for only 11 weeks. He noted that he felt that it was a bad idea to lease the park to a private party, and suggested that the City should operate the park. He explained that the park would generate revenues and close the gap on City finances. Mr. John Seepe, 16531 Half Moon Drive, questioned the cost to open the park and why it was not opened before this. He noted that Council had made a business friendly pledge and the park should never have been closed to begin with. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:18 P.M. . U PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 99 1997 THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:31 P.M. Councilman Alongi stated that he had misunderstood the amount listed on the ADA restrooms. He noted a $2,000 savings on signage, which would create a savings for the proposed benefit foot ball game. He clarified the accounts the money would come from and that it would be "day use" only. City Manager Watenpaugh gave a further overview of the funds that would be utilized to open the camp ground and confirmed that it would be for "day use" only. He explained the cost of restoring the campground and stated that it would be more cost effective for the City to allow a private concessionaire to assume responsibility for the grounds and implement the repairs. He further explained that the campground was closed because of major health and safety issues and that the cost of repairs that were addressed would amount to approximately $500,000. Mayor Pro Tem Kelley agreed that the campground is a high priority item and should be addressed and should be opened. MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE TEMPORARY REOPENING OF THE CAMPGROUND FOR DAY USE ONLY, FOR THE PERIOD OF SEPTEMBER 209 THROUGH NOVEMBER 30,1997; ' APPROVED THE EXPENDITURE OF $189650 OF PARK IN -LIEU FEES FOR CAPITAL IMPROVEMENTS TO THE CAMPGROUND AS OUTLINED IN EXHIBIT "A "; APPROVED THE EXPENDITURE OF $159891 FROM THE LAKE ENTERPRISE RESERVE ACCOUNT FUNDS FOR OPERATIONAL COSTS AS OUTLINED IN EXHIBIT "A'; APPROVED THE EXPENDITURE OF $53,760 FROM THE LAKE ENTERPRISE RESERVE- ACCOUNT TO PERFORM NEEDED REPAIRS AND SERVICES TO BRING THE CAMPGROUND AREA INTO COMPLIANCE WITH REQUIRED CODES, WHILE ELIMINATING THE CITY'S MAJOR LIABILITY CONCERNS ON SITE; AND AUTHORIZED STAFF TO SECURE A FIRM TO DEVELOP AND MARKET AN RFP FOR LEASING OF THE CAMPGROUND IN A TIMELY MANNER WITH THE CITY MANAGER APPROVING AND EXECUTING THE CONTRACT WITH SAID FIRM, EXCLUDING SIGNAGE AT THE CAMPGROUND. C _ •• •, • =1qM=4MiTt -MOVED BY METZE, SECONDED BY ALONGI TO APPROVE WAIVER OF THE RENTAL FEE OF THE STADIUM ($21500) FOR THIS SPECIFIC EVENT IN TRADE FOR SIGNAGE AT THE CAMPGROUND; DONATE THE CITY'S 22% CONCESSION REVENUE TO OFFSET OPERATIONAL COSTS FROM GATE AND CONCESSION REVENUES; PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 CONCUR WITH THE REQUEST FOR PAYMENT OF ALL OPERATIONAL COSTS FOR THE EVENT WITH THE BALANCE TO BE DONATED TO THE PARK FUND - RAISING ACCOUNT; GAME TO BE PLAYED IN DAYLIGHT; SECURE A CERTIFICATE OF INSURANCE LISTING THE CITY AS ADDITIONAL INSURED IN THE AMOUNT OF $1 MILLION FROM THE T.E.M.P.O. DOLPHINS. Councilman Metze clarified staff s recommendation and stated that there will be a trade -off of the rental fee of the Stadium in exchange for a two sided sign to be installed at the campgrounds. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. Mr. Del Regno, President of the Dolphins, thanked Council and asked the public to support the event which in turn would support the parks. He stated that the game would be on Saturday, November 1, in the afternoon. Julius Beauvais, owner of the Dolphins, thanked Council for allowing Minor - League Football in the City of Lake Elsinore. ITEMS PULLED FROM THE CONSENT CALENDAR 2. - Warrant List - August 29. 1997 :12.31 Chris Hyland, 15191 Wavecrest Drive, commented on the warrant list and noted the amount of money spent with CMS for Business License and Renewal Forms as well as business cards. She questioned the quality of the product received and stated that local printers can do just as well. She noted . that it is a pet peeve of hers to do business out of the area when there are merchants that can do just as well locally and keep our taxdollars at home, as well as feeding the local economy. MOVED BY METZE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LIST OF AUGUST 29, 1997. 3. Investment Report - July_, 1997 (F:12.5) Dick Knapp, City Treasurer, made note of the account balance in the investment fund and stated that he felt that there was more than enough money to keep the parks open. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE INVESTMENT REPORT OF JULY, 1997. PAGE TEN- CITY COUNCIL MINUTES- SEPTEMBER -% 1997- 5. Appointment of Representative to the County Free Library Advisory Committee. (F:98.1) Mayor Pro Tem Kelley thanked Mrs. Barbara Anderson for volunteering for the position. She noted the time, energy and effort this position will take and expressed her sincere appreciation. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT BARBARA ANDERSON AS REPRESENTATIVE TO THE COUNTY FREE LIBRARY ADVISORY COMMITTEE. 7. Agreement with Cal Trans for Construction Traffic a Avenue and Flidmay 74, CE-68.1)(X:162.4) I Mayor Pape commented that he pulled this item to bring it to the attention of the parents, students and residents of that area. He stated that the construction will begin in November and the signal will be operational in February. MOVED BY PAPE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT WITH CAL TRANS FOR CONSTRUCTION OF THE TRAFFIC SIGNAL AT DEXTER AVENUE AND HIGHWAY 74 AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. 8. California Caucus for Cities and Schools - Resolution No 97 -61 (F•96 1) Councilman Metze noted that this would help to redistribute sales tax, if approved by the citizens of the State of California and would give the power back to local Government will mean an increase in revenue to the City of an estimated $2.4 million annually. He further noted that Sacramento will have to answer to the citizens of the State of California, just as local governments do, which is a good thing. Mayor Pape explained that this item addresses a proposed initiative which would redistribute up to one cent of the present sales tax from the State to the Cities and Counties to increase service levels and support infrastructures. He stated that if this is passed then it will be sent to the Caucus and will express our support of this issue. He further explained that if enough signatures are gained, then it will go on the ballot for the voters to decide if they wish to take this action or not. Carol Gordon, President of the United Public Employees of California, urged Council to adopt this Resolution which is in support of the initiative known as the "Voters Option to Redistribute Taxes ". She fiuther requested that Council forward her name and title to the California Caucus as requested in order to make it possible for her to receive materials to distribute to the PAGE ELEVEN.- CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 public employees. He explained that this will allow the employees to assist in this effort. She stated that any funds received by the City will take it one step closer to returning dedicated public employees to service. She thanked Council for their consideration. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE RESOLUTION NO. 97 -61, SUPPORTING THE REDISTRIBUTION OF REVENUE FROM STATE TO LOCAL GOVERNMENTS; AND ADDING CAROL GORDON, PRESIDENT OF THE UNTIED PUBLIC EMPLOYEES OF CALIFORNIA TO THE MAILING LIST OF CALIFORNIA CAUCUS. RESOLUTION NO. 97 -61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE CONSTITUTIONAL INITIATIVE TO ALLOW A VOTER OPTION FOR REDISTRIBUTION OF TAXES TO LOCAL GOVERNMENT. 9. November 4. 1997. Ballot Measures "RR ". "SS" and "TT ". (17:7 Mr. John Seepe, 15631 Half Moon Drive, stated his objection to the ballot measures and further stated that he felt that the money that should have gone for support of City services and parks is being given to the RDA and from there given to consultants, bond lawyers, and developers. He commented that he feels that there should be no further taxation as long as the RDA exists. He addressed each of the ballot measures and commented on the reasons why they should not be passed and noted the mistakes on the ballot measures. MOVED BY METZE, SECONDED BY ALONGI TO APPROVE RESOLUTION NOS. 97 -62, 97 -63 AND 97 -64, RATIFYING THE CORRECTIONS. Mayor Pape addressed some of the questions posed by Mr. Seepe and stated that bond lawyers are paid from the refinancing of the bonds and not from the City's General Fund; the SStpdium expenses have been reduced and now there is hope that the City will be able to eliminate the operational expenses by leasing to private industry; had no idea what Mr. Seepe referred to the Chen RDA give away; and addressed the volunteers at the future fire station and the County pointed out that the City is formed of commuters and that it would be a concern and problem to maintain a volunteer fire station because of the people's time constraints. He noted that this would not allow for adequate staffing on a 24 hour basis and the County Fire Chief for this area has recommended against using volunteers. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. n. .tip PAGE TWELVE -CITY COUNCIL MINUTES- SEPTEMBER 99 1997 RESOLUTION NO. 97-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RATIFYING TECHNICAL CORRECTIONS TO BALLOT MEASURE RR - PARKS & RECREATION, FOR THE NOVEMBER 4, 1997, GENERAL MUNICIPAL ELECTION. RESOLUTION NO. 97 -63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RATIFYING TECHNICAL CORRECTIONS TO BALLOT MEASURE SS - PUBLIC SAFETY SERVICES, FOR THE NOVEMBER 4, 1997, GENERAL MUNICIPAL ELECTION. RESOLUTION NO. 97-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RATIFYING TECHNICAL CORRECTIONS TO BALLOT MEASURE TT - LAKE SERVICES, FOR THE NOVEMBER 49 1997, GENERAL MUNICIPAL ELECTION. THE CITY COUNCIL MEETING WAS RECESSED AT -9:00 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:08 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, announced that she is running for City Council. She stated that it was an honor to serve on the Reclaimed Water Task Force: She noted that the Committee Members had been appointed by the City of Lake Elsinore and Elsinore Valley Municipal Water District as well as the past President of the Chamber of Commerce. She explained that they were a diverse group with wide political, educational and professional differences in their backgrounds. She noted that after seven months and many hours of meetings with informed persons they were able to come to a conclusion. She recognized the members of the Committee and commended them for their knowledge. She thanked Mark Dennis and Sharon Smith for all of their hard work. Ms. Hyland thanked Captain Walsh and all the officers of the Lake Elsinore Sheriffs Station for bringing down the crime rate in the City. Donald Ketch, 505 N. Ellis Street, expressed his love for the City of Lake Elsinore and his concern for the youth of this community. He outlined the responsibility of parents and citizens toward the children. He encouraged people to let go of the past and get out and vote in support of the community. He encouraged the community to support all the measures. PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 Mariana Mohylyn, 305 W. Sumner, stated her concern for freedom of speech and explained that she felt that this was not extended to the speakers who approached the podium at City Council Meetings. She explained that this is the public's form of communication with the Council and they should be allowed to speak and express their views no matter how long it takes. Nita Van Heest, 33146 Shoreline Drive, stated that the issue of the State Park will be decided in court. She expressed her objection to the TMC project and noted that in the last seven years they have accomplished nothing except set up a scam to try and extort RDA money. She stated that she felt that it would put the City at risk, to turn over the control of the Stadium to them. Mr. John P. Lyons, 365 Cochine Road, Perris, stated that although he does not live in Lake Elsinore he is here tonight to address an issue that affects both Lake Elsinore and Perris. He stated that Highway 74 is a problem and a major safety issue. He invited the people of Lake Elsinore to attend a rally on September 13th, in Medowbrook. He stated that the Highway is a death trap and it needs to be brought to the State's attention. He asked the City for support. Garry Grant, 27068 Jarvis Street, Perris, spoke in support of the rally on September 13th, from 8:30 to 12:00 in Medowbrook and asked all the people of Lake Elsinore to recognize the problems with Highway 74 and how dangerous that Highway is. He encouraged everyone to come to the rally. Ace Vallejos, 15231 Cobre Street, noted the growth in the City and stated that with each new development comes the need for infrastructure. He stated that the current infrastructure exceeds capacity. He further noted the stress on current fire, police and schools. He requested that the City condition any new development with 100% mitigation of impact to our schools. Mr. Vallejos stated that perhaps it is time to review the General Plan and the proposed densities. He noted the problem he is experiencing with his children's school schedules and indicated that he feels that there has been uncontrolled development which has placed a burden on everyone. He explained that development should have enhanced the School District, but instead it has placed a burden on it. He stated that future planning should mitigate all concerns. Dick Knapp, City Treasurer, spoke about a problem he had with the Agenda with missing items. Deputy City Clerk Bryning stated that she had left a section out of his agenda by mistake and apologized. He stated that if the public wished to send contribution they can be sent to P.O. 90, for both Chris Hyland and himself. He referenced the local Internet site and invited people to view it. Edith Stafford, 54 Elm Street, stated that she had attended the homeowners meeting with TMC and commented that she was disappointed. She further Y stated that she learned that Gary Washburn the former Mayor is a consultant to TMC. She asked how long the current Councilmembers have known this. 4�4 PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 99 1997 She explained that during the meeting she tried to find out from TMC what their worth was and they refused to provide that information and it lead her to believe that they are broke. Ms. Stafford stated that if they are in financial difficulty she would strongly object to the Council giving them a lease to the Stadium. She further noted that after seven years she felt that there should have been some detailed plans in existence to provide to the property owners especially since they informed the property owners that they would be breaking ground in March of 1998. She questioned if plans have been submitted to staff and asked if this was just another ploy. She asked if they are asking to use RDA money to fund this project. She noted that every project that the former Mayor has been involved with has been rapidly approved and asked if this is going to happen in the case of TMC. John Seepe, stated that the information regarding RDA law will be on the Internet and several reports that address this issue. He offered to speak to any group on this matter. He asked for the short and long range financial plans be provided to the public. He gave an overview of the conduct and responsibility of the Council and what he feels that they have done. CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS 1. Noted for the record that it is well established by relevant case law that the City Council has the authority to establish reasonable procedures in the conduct of its meetings, including the limitation of public comment to a specified time period. She stated that in fact it is extremely common in every city she has served to adopt such procedures and is not unique to' Lake Elsinore. She further stated that there is a public interest in proceeding with public business in an expeditious and efficient manner. 2. Noted that there will be no need for Closed Session. She explained that the documentation is still under review. CITY COUNCIL COMMENTS =Mayor Pro Tem Kelley commented on the following: 1. Agreed with Mr. Lyons and Mr. Grant regarding Highway 74 and stated her concern and support. She noted that the Highway 74 is very dangerous. PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 2. Acknowledged Ms. Mohylyn's letter. She criticized the web -net, stating that she felt that it is now a damaging gossip line and noted that she felt that the intent of free speech was to encourage discourse and debate and not to become a shield for someone to hide behind as they vilify public officials and their families. She quoted Mr. Seepe regarding the Internet and stated that the important things to remember are the guidelines of the law, and of course, hopefully, common decency. She stated that when people are on line they will follow the same guidelines as newspapers and should be a tool for productive exchange of ideas; and not a destructive tool, but unfortunately that is what it has become. Councilman Alongi commented on the following: 1. Addressed rules regarding speakers at the podiums at Council Meetings and agreed that it is true, however Councils in other cities have adopted policies which allow the individual councihnember to yield the floor to the speaker when the speaker has something important to say, or the speaker needs more time to complete his statement. He noted that when he returns from vacation he will yield the floor to a speaker if he thinks that the speaker has something important to say. He stated that he feels that the Deputy should not have to be expected to remove people from the podium and he wishes to see that stopped immediately. He noted that this would not be an issue if the Council followed the Council Policy they all voted for. 2. Commented on Highway 74 and agreed that it does need to be improved, however he compared it to a hand gun and noted if it is laid on a table it does not hurt anyone, however when it is misused it will harm people. He commented on the conduct of the drivers that use the highways and made note of the drivers responsibility. He stated that he does agree with the remodeling of Highway 74, however drivers must take responsibility for their actions and obey the signs on the roadway as well. 3. He noted that he watched Visions and Views and the Mayor's speech and explained that he felt that something was missing with the Ball Field; which is that there is a $2.1 million dollar payment being made on that Stadium and gave a breakdown of the cost of refinancing the Stadium and the difficulty in paying the debt. He stated that the debt will never get paid due to the interest, and because of that the City needs to find secure serious investors that can produce the annual funds that will support this. �f.! *' 46`Lp- PAGE SIXTEEN -CITY COUNCIL MINUTES -SEPTEMBER 99 1997. , 4. Apologized to Tuscany Hills residents for a misunderstanding regarding the bonds. He stated that they were in default and they are not. He thanked them for informing him of their misunderstanding. 5. Stated that the RDA was not put together to benefit business, but rather to address blighted areas. He corrected a comment that Councilwoman Brinley made on Visions and Views that RDA was to create business and use the sales tax to pay back the debt; and indicated that is a wrong statement. He stated that RDA was created to create additional sales tax to go into the general fund to produce the services that are needed, such as parks. He commented that it was not created to benefit Wal -Mart or other big business. 6. Noted that the Outlet Center is a good thing for the community, however giving them $3 million dollars to build on the other side of the highway is excessive. 7. Commented that Tom Thomas needs to know the difference between debt service and operating expenses. He noted that the operating expenses to the ball field was $1 million dollars and is going down, however it is not just that $1 million dollars that it is costing the community. 8. Explained that his father had a problem with English and had problems expressing himself in a public forum since English was not his native tongue. He commented that although he might not agree with Mariana Mohylyn, he does feel that she is very intelligent and he feels that it would be very simple to extend additional time to her to allow her the opportunity to express herself, rather than use gestapo tactics. 9. Noted that he was pleased to be a part of Council in the act of opening up a`park. He stated that he does not care who sits on Council, if he thinks something is right he will vote for it, and if it is wrong he will vote against it. He stated that it does not matter who sits on Council. He stated his agreement with Council in opening up the park to try and raise revenue in the community and no matter whether it takes $27,000 or $40,000 to do it does not matter. He explained that it is better than having it sitting out there doing absolutely nothing but draining us of tax dollars since it still has to be maintained. He stated that he votes his mind and not because of who sits on Council 10. Commented on bond expenses and stated that it depends on what type `of bond it is as to who pays for it. He explained that RDA bond expenses come directly to the City and are not passed on. He stated that the $5, $8 and $10 million dollar bonds are being paid for by the City and are not being passed on. He noted that it is even questionable about CFD's, since the City has paid millions of dollars in delinquent PAGE SEVENTEEN - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 payments on CFD's that the City is not supposed to be responsible for. He stated that Council needs to be careful when information is given to - the public and the people should be told the facts and the truth and that is the end of it. He stated that he will support the Council sitting here if they are right and go against them if they are wrong and he will do the same thing with whoever sits on Council for the next two years. He stated that he will not change. 11. Stated that he will be going on vacation and will not be here for the next meeting, however there will be two programs on in October of, "More Than Three Minutes ". He expressed hope to have the candidates on the first one and have a candidate forum with the citizens of the City calling in with questions. Councilman Metze commented on the following: 1. Congratulating Tyler Smith on achieving the rank of Eagle Scout. He stated that he is the son of Cynthia Page. 2. Thanked the Water Task Force and recognized Chris Hyland and Edith Stafford. He stated that he believed that they saved Council and the Directors of EVMWD a whole lot of time and work and felt that they could not have done as good a job as Ms. Hyland and Ms. Stafford did because of all their other duties. He commended them for all their efforts. 3. Commented that he had spoken to Harriet Boyd and he has driven through her neighborhood and asked that she call him so he can answer her questions. 4. Agreed about the condition of Highway 74 and stated that it is a real safety issue. 5. Stated that the former Mayor is not very happy with this Council and noted that this Council does not follow others. 6. Made a guarantee to the public..that he will not use the Council forum to campaign as people did from the podium. Mayor Pape commented on the following: 1. Announced the widening of Lakeshore Drive by 1P. o : and noted it is good news. 2. Announced a City Council Goals and Objec!iwis Minatin r; on 0 ztober' 23rd. He stated that the goals and objectives t' were set at t ":.e last meeting are right on track and they will proceA 'o upd t ti-IM1. W PAGE EIGHTEEN - CITY COUNCIL MINUTES - SEPTEMBER 9, 1997 3. Stated that he thought that Council passed a Resolution regarding Highway 74 some time ago in support of Highway 74 to try and make the improvements. He noted that although most of Highway 74 is in the County but it does affect both Perris and Lake Elsinore and stated that sometime the cities must act as a catalyst to get the other agencies to move a little faster. 4. Announced that on September 20, and 21, the Elsinore Valley Artist's Society is having their Annual Art Show at the Lake Elsinore Community Center from 10:00 a.m. to 4:00 p.m. He stated that on the same days the National Ski Races will be held on the Lake from 9:00 a.m. to 5:00 p.m. 5. Announced that the Boating and Safety Class /Traffic School which is a three hour course, will be held at Elsinore West Marina on Sunday, October 12, and will be presented by Sergeant Steve Peters. 8. Announced that Main Street will be steam cleaned between Graham and Peck. He stated that this is done periodically to try and keep the Downtown area clean. He stated that this will begin on September 10th, at 6:00 a.m. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 10:00 P.M. Respectfully submitted, ATTEST: VICYA KASAD CITY CLERK VIN W. P MAYOR MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 16, 1997 CALL TO ORDER The City Council Study Session was called to order by Mayor Pape at 2:37 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: ALONGI, BRINLEY Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Services Director Sapp, Community Development Director Leslie, Fire Chief Seabert, Assistant to the City Manager Best, Community Services Manager Edelbrock, and City Clerk Kasad. PUBLIC COMMENTS - A ENDIZED ITEM None Requested. 1. Eastern Municipal Water District Discharge /Wetlands Project. (F:164.1)(X:92.3) City Manager Watenpaugh noted that the Eastern Municipal Water District has been working with EVMWD, the City and the Corps of Engineers for cooperation on their discharge line. He further noted that the line through town is nearly complete, and this matter could come forward for action- at the next City Council Meeting. Larry Lobue, representing Eastern Municipal Water District presented a history of the planned line and reclaimed water system, and noted that the original plan was proposed when the Riverside County economy was booming in the 1980's. He explained that it has been funded by loans and grants from the Bureau of Reclamation and local participation, and noted that the total cost is nearly $53 million. He detailed the treatment facilities in the County and noted that they were not previously inter -tied. He advised that this project being built has tied U PAGE TWO - STUDY SESSION MINUTES - SEPTEMBER 16, 1997 all of the plants together and given them the ability to move water throughout the District. He commented that this water was previously called "waste water ", because there was no use for it; however it is now used for groundwater, agriculture and in some cases potable water. He advised that they are presently treating about 28 to 30 million gallons a day, with the capacity for treating 45 million gallons a day. He noted the impact of the current economy on the overall project; and highlighted questions regarding the size of the line, particularly since it is more than what is currently needed. He explained that based on the studies completed they believe it to be the best judgement to build the complete project at this time. He reiterated that the project is nearly complete and the pipeline from Sun City through the City is nearly complete. He addressed the difficulties encountered, noted the original plan for the project and explained the new alignment for the project, and detailed its route. He further noted concerns on Collier Avenue for the area built since the project was begun, and addressed the special design considerations in that area. He noted that the lines will not be placed in Collier Avenue to prevent the potential loss of retail time, and the impacts on an already improved road. He noted that the planning process for this project began in November, 1995 and there is now an MOU in place. He stressed the reviews which have already occurred on the project and indicated that all of the legal counsels are happy with the indemnification clauses. Mr. LoBue further addressed the alternate route for the pipeline with discharge at Wasson Canyon and the Outflow Channel Weir. He explained that the plan is to build a 24" pipeline and noted the use of an inflatable dam to prevent flow back into the Lake: He indicated that they will also be building an energy dissipator and a Chlorinator/Dechlorinator Facility in this area. Mayor Pape questioned how long it would take for the water to get to the Outflow Channel. Mr. LoBue indicated that it would take about 18 hours to three days at present from the Sun City plant; but ultimately it would be about 8 hours. He noted the land they will need for the project and noted City excess property on Minthorn Street. He requested that the City, as a part of the participation, provide some sort of low cost, long term lease. He indicated that he has been working with the City Manager and City Attorney to obtain a right of entry to begin soil testing for the project. He advised that for this winter they are going to build a sacrificial piece of pipe with a temporary outlet into Wasson Canyon, so if they have to discharge water this winter, they will have the means to do so. He stressed that they don't anticipate having to discharge, as they have been able to manage the waste water well to this point. He further stressed that this year, all of the impound ponds are basically empty, as the demand is exceeding the supply. He advised that the Master Plan shows that it will be 12 to 15 years before the supply will catch up with the demand. He indicated that the only reason to discharge sooner would be regulatory changes in what the water can be used for. He forecast that it would be at least another 10 years before there would be an ongoing excess supply. Mayor Pape questioned if this line is a situation of "just in case" it is needed. Mr. LoBue indicated that it will ultimately be needed, and they chose to build PAGE THREE - STUDY SESSION MINUTES- SEPTEMBER 16, 1997 the ultimate line at this time. Mayor Pape questioned the discharge point in relationship to Gunnerson. Mr. LoBue clarified the location. Mayor Pape questioned what would happen if the Lake was full and water was going out the outflow channel, and the impact on the Gunnerson Pond area. Mr. LoBue confirmed that there would be a minimal impact, and explained their intent to purchase property to allow a place for the discharge to occur. He indicated that they have done a study, and to keep Gunnerson from flooding, they would need a channel past Lake Street back into the Outflow Channel and noted the expense of such an improvement. He stressed the natural sump of the Gunnerson Pond area and explained that it will retain water when flooding occurs. He indicated that their idea is to purchase the land and allow it to serve as natural drainage. Mayor Pape questioned the level of treatment of the water to be carried by this line.. Mr. LoBue indicated that it would be tertiary treated, clear water. Councilman Metze requested clarification that there were problems finding enough of this water to purchase in the area. Mr. LoBue confirmed. Mayor Pro Tem Kelley questioned the inflatable dam. Mr. LoBue clarified that it would only be up when there is no flow from the lake, and will direct the flow of this water out of the area. He explained that it is made of a heavy rubber material; fits across the bottom of the channel and is less than a foot high. Mayor Pape questioned whether they had held discussions with Congressman Calvert regarding this plan. Mr. LoBue confirmed that they are working with the Congressman Calvert. Councilman Metze questioned the pro arguments for the City on this project. Mr. LoBue indicated that the project will keep Collier Avenue safe from problems in the future, won't hinder the Outlet Center operations, and the City will be able to abate litigation underway. Mayor Pape questioned if this would aid Mr. Chen's project. City Manager Watenpaugh indicated that it could help, and noted that meetings are occurring between Mr. Chen and the District. He fiuther noted that it would be premature to say that it would either help or hinder the project. Mr. LoBue confirmed that they have met several times and Mr. Chen is aware of what will be required. He indicated that the M.O.U. is finally completed and will be coming to Council. City Manager Watenpaugh indicated that if the Council concurs, staff will bring the M.O.U. forward to the Council for approval. He noted that the City has entered into a final draft for the right to enter for soil testing. Councilman Metze noted that it includes conditions to buy the problem properties. Mr. LoBue confirmed their commitment of two and one half million dollars to this project. He indicated that as a team it is possible to make the project work and have a space which will provide other benefits. Councilman Metze stressed that is what he wants to see. Mayor Pape noted that he met with Congressman Calvert and he is working on plans to allow for a permanent wetland, which will look nicer. Mr. LoBue indicated that one of the future moves for this is to look at a transfer of ownership to and agency who can make the further improvement happen. City Manager Watenpaugh questioned the Council feeling on this request. The City Council concurred that the matter should come forward. PAGE FOUR - STUDY SESSION MINUTES - SEPTEMBER 16, 1997. . 2. Western Riverside Council of Governments - Electric Restructuring Presentation. (F: 108.13)(X: 170.1) City Manager Watenpaugh noted the Executive Summary as presented in the agenda packet, as it relates to deregulation and aggregation of electrical services. John Jaquess, Manager of Special Projects for WRCOG, presented slides and explained the report complied in cooperation with SANDBAG by a task force of elected officials and City Managers. He explained the focus of the task force and the questions they addressed; and detailed the options based on the deregulation, which included doing nothing, lobbying, educating, aggregating and creating its own utility base. He explained the aggregation options under the new laws, and clarified that aggregation is a cost effective opportunity for lower electric bills during the transition period. He stressed that it reduces the cost of analysis for governmental agencies through cost sharing. He noted that there is a four year transition period for full direct access and competition. He noted the potential for a stronger position to establish rates, educate residents and negotiate benefits and services. He father detailed the potential benefits of aggregation. He noted that this provides flexible approaches to meeting agency goals and determining the level of risk which is acceptable. Councilmembers Metze and Pape requested clarification. Mr. Jaquess clarified that power is going to be sold at a fluctuating price following this deregulation. He noted that if the group works with an energy provider and takes a variable price there are some risks associated. He stressed that the risk is in paying more for the services and not a risk of loosing service. Mayor Pape questioned the potential price difference between aggregation levels. Mr. Jaquess indicated that the City presently pays about $529,000 a year for electricity, however they have not yet translated that into kilowatts. Mayor Pape questioned the percentage of cost breaks. Mr. Jaquess noted that the Bay Area is further ahead in this process; as is Palm Springs; and both are seeing 4 to 5% reductions. Councilman Metze noted that Council should have more information before making a decision of this magnitude. Mayor Pro Tem Kelley noted the discussions at WRCOG meetings and noted that the only caution they see is another level of regulation with associated costs. Mr. Jaquess noted the experiences of other agencies, and explained that the cost of the study is about $ 150,000 spread over the 77 agencies who have expressed an interest in participating. He indicated that the cost of the aggregation is dependent upon decisions which are yet to be made; and noted the potential cost variables in the proposal. Mayor Pro Tem. Kelley clarified the steps for the study. Mr. Jaquess confirmed and explained the two part analysis. Mayor Pape questioned the next step in figuring out the cost sharing for the various agencies. Mr. Jaquess clarified the Task Force recommendations and explained that it would be a tiered investment based on power bills, but noted that it would not be wise to anticipate 100% participation. He further noted that the San Bernardino Board of Supervisors approved participation this date. Mayor Pape noted the potential for new opportunities and jobs, this program would generate. Councilman Metze questioned the reasonableness of a whole new tier of PAGE FIVE - STUDY SESSION MINUTES SEPTEMBER 16, 1997 government for a 5% savings. Councilman Metze questioned the benefit for the average homeowners. Mr. Jaquess indicated that it would not be in the average homeowners realm right now, as they are only looking at the Municipal Government electric costs. Mayor Pape questioned what Palm Springs did to benefit its residents. Mr. Jaquess noted the electric bills in the desert areas and their interest in lowering those electric bills; and advised that they elected to notify all of the residents in the community, contract with an energy provider and with 25% of the residents responding were able to provide additional reductions. He noted that the administrative costs for such a proposal add significantly to the job, which is not recommended at this time. , City Manager Watenpaugh questioned a letter from Edison regarding the reduction. Mr. Jaquess indicated that they will probably send residents a letter to explain what will happen in the transition. He noted that the proposed reduction is for four years and then the legislative guarantee goes away. He stressed that further reductions are not presently legislated. Mr. Jaquess addressed the next steps in this process including determination of organizational structure, hiring of legal counsel and technical consultants,, determination of pricing structure, designation of other services desired, selection of the best service components, metering and billing requirements, determination of length of contract and level of risk, selection of power supply provider, coordination of scheduling energy and ancillary services.. City Manager Watenpaugh questioned the timing for the City to make a decision on participation. Mr. Jaquess indicated it should be in the next one to two months. City Manager Watenpaugh requested confirmation that if the Council chooses to participate at this time, they are not locked into the aggregate. Mr. Jaquess confirmed, and explained that they would need to actually sign up for the aggregated services. Mr. Watenpaugh inquired what would happen if the City does not choose to participate until later. Mr. Jaquess indicated that they would probably come back and collet the proportionate share at the time the participation is requested. Mayor Pro Tem Kelley questioned whether they were making this presentation to School Districts, Water Districts, etc. Mr. Jaquess indicated that they were not yet making those presentations, as WRCOG wanted it presented to the Cities for now. Mayor Pro Tem Kelley stressed that others will be able to participate. Mr. Watenpaugh noted that the program is being reviewed by Water Agencies. Mr. Jaquess confirmed, but noted that he was not sure of the diversification they would see for the proposal. He also noted that several School Districts have approached WRCOG wishing to participate; and universities are doing their own aggregation. Councilman Metze questioned why all of the groups mentioned don't get together for a larger discount; and what would stop Edison from giving a better rate for staying with them. Mr. Jaquess indicated that their rate is legislated; and clarified the role of the Edison Company, clarifying that they will still be in the transmission and distribution areas, as well as some generation. City Manager Watenpaugh noted this will also spawn an entrepreneurial approach to power. Councilman Metze questioned who governs the electrical service now. Mayor Pro Tem PAGE SIX - STUDY SESSION MINUTES - SEPTEMBER 16, 1997 Kelley indicated that under this plan no one governs. Mr. Jaquess stressed that generation will become a deregulated area; and noted the current focus on hydroelectric power. He stressed that Edison will retain the infrastructure to maintain power, and noted the focus of reliability. Mayor Pape questioned the impact of deregulation on the proposed hydroelectric project for the Lake. City Manager Watenpaugh indicated that they have contracted that project out to a private enterprise and they still feel it is marketable. He explained that Edison indicates that they are looking at three times the current cost to aggregate for such a project. Mr. Jaquess noted that there are a number of big power plant projects in the works for approval. Councilman Metze questioned the need for City involvement in this process. City Manager Watenpaugh indicated that some contact with WRCOG is needed for approval of the project. Mayor Pro Tem Kelley noted that the members of WRCOG are looking toward aggregation and stressed that they are weighing the benefits. Mr. Jaquess stressed that if it is not financially worthwhile they will not proceed. Mayor Pro Tem Kelley noted how things balloon in government and the recent cutbacks at the WRCOG level. Mr. Watenpaugh noted that efficiency and costs are the focus of this work. 3.. Agreement with Jackie Nanette's Water Skiing School. (F :151.1)(X:68.1) City Manager Watenpaugh noted the ongoing agreement with Jackie Nanette; and explained that she has now come forward and worked with Community - Services to put together a formal agreement. Ms. Nanette read a prepared statement regarding the contract extension, and noted her efforts to provide a service to the Community. She detailed her personal background water skiing efforts and competition levels. She noted that this is her fifth summer teaching at Lake Elsinore and detailed the benefits of the program. She read letters from three students commending her ski school and the efforts of Jackie Nanette. She noted the plans and concepts presented and expressed hopes for a five year agreement. Mike Garner noted his discussions with Jackie regarding her one year agreement with a 30 day cancellation clause; and indicated that their intent for this meeting was to convince the Council that the longer agreement is in the City's best interest. He noted the history of water skiing and indicated that the sport is gaining popularity. He detailed the demographics of a water skier and stressed the benefit of these demographics, noting that they fit perfectly with with making California a Mecca for water skiing in the U.S., rather than Florida. He stressed the weather, population, economic prosperity, proximity to housing areas, etc. He noted other water skiing operations in the Delta Area and one in Newberry Springs; and stressed the need for professional training to really learn. He reiterated that Ms. Nanette is a world class skier, and noted the draw of students from a large area. He advised that she is currently operating at her PAGE SEVEN STUDY SESSION MINUTES SEPTEMBER 16, 1997 maximum capacity, form sun up to the start of the winds about 1:00 p.m. He explained the need for some infrastructure to increase her capacity and indicated that she needs an extended period of time over which to amortize her costs or gain participation by governmental agencies. He detailed the potential costs for the proposed improvements which would be from $210,000 to $477,000; and explained the difficulty of budgeting this cost without a period of time over which to amortize it. He suggested that Ms. Nanette is the key for unlocking the area for growth, and stressed the potential draw of the expanded facility. He indicated that this will allow California to challenge Florida, as the water ski capital. Mayor Pro Tern Kelley inquired where most of Ms. Nanette's clients come from. Ms.; Nanette indicated that the majority are from Los Angeles and Orange Counties with some from the immediate area. Mrs. Kelley noted the major water ski events Ms. Nanette has brought to the community. She further noted the exclusive use of the channel previously granted to Ms. Nanette. Mrs. Kelley questioned the proposed improvements. Ms. Nanette indicated that there are two slalom courses now, and she would like to put in one jump course; and ultimately have three slalom courses. Mrs. Kelley inquired if the courses would be open to local residents. Mr. Nanette indicated that they would be closed to the public. Mrs. Kelley questioned the daily operation hours. Ms. Nanette indicated that she tries to work five days a week from 6:30 a.m. to 2 p.m., and the improvements would allow her to open until 5 p.m. for kids and after that for adults. Mrs. Kelley inquired if the intent was to not license other programs. Ms. Nanette indicated that was originally her thought, mostly due to concern for other activities. Mr. Garner indicated that they don't want someone without adequate skills to get hurt and have an impact on Ms. Nanette or her school. Mrs. Kelley questioned if the City intended to offer lessons on the Lake and whether this agreement would impact those plans. Community Services Director Sapp noted that at some point staff would like to look at providing sailing an windsurfing lessons, but not right now. Mr. Garner noted that they hope to put together a program for kids after school, in hopes of providing the City an avenue. Councilman Metze questioned whether there was a guarantee of that; as he did not intend to see it as a competition issue. City Manager Watenpaugh clarified the potential direction for sailing, sailboarding and canoeing on the Lake. There was General Council Discussion of the existing efforts to provide programs. Mayor Pape expressed some concern, due to development community looking at doing other things in the lake and around the channel. He expressed concern with locking the development out for five years or longer. Mayor Pro Tem Kelley questioned the income to the City, from the Water Ski School. Mr. Watenpaugh indicated that it was $4,870.50 in the first year, and the year to date for 1997 has been $859.00. Mr. Watenpaugh reminded Council of Lake restrictions and the potential need to change the City ordinance to allow for private use of the Lake. He further reminded the Council that night time activities have always been prohibited on the Lake. Mayor Pro Tern Kelley U PAGE EIGHT - STUDY SESSION MINUTES - SEPTEMBER 16, 1997 noted that she has previously requested a study session on recreational opportunities, such as opening the levee for walking and biking. Mr. Watenpaugh clarified that the levee is nearly open, as title is being transferred to the City. Mayor Pro Tem Kelley further noted the need for discussion of concessions and other Lake issues. Mayor Pape suggested that with the recession over the City will see more interest from the private sector to provide services and programs. Councilman Metze questioned if this was a realistic approach for the next five years. Mayor Pro Tem Kelley stressed that the Council is not aware of what is out there and encouraged scheduling a study session of all of those issues. Councilman Metze noted that this is taking Ms. Nanette's business to another level and questioned the - potential, for national � events. Ms. Nanette noted the time constraints of bidding for national events. Mr. Metze questioned what land is being used. City Manager Watenpaugh noted that she is currently gaining access from Lakepoint Park. Mr. Sapp explained that she is currently looking at acquiring property off of Lucerne Street. Mayor Pro Tem Kelley inquired when this agreement would come before the Council for action. Mr. Watenpaugh indicated that he was looking to Council for direction and questioned the Lake recreational issues. He stressed that water quality is an issue for some of the other opportunities, and noted that guarantees are difficult due to the unknowns of water quality., He noted -that the Water Ski School has been here through the algae and dead fish. Councilman Metze concurred that Ms. Nanette has stuck with the City through all of the negative factors. City Manager Watenpaugh noted the difficulty of investing dollars in efforts which do not look profitable or feasible. Ms. Kelley noted that there are other interests in the channel and stressed that this is a prime piece of the Lake for recreation. She indicated that she has a problem with the exclusive nature of the proposed agreement and she is not aware of other opportunities. There was general Council discussion of the proposal and other potential concessions on the Lake. City Manager Watenpaugh asked that the Council give the City Attorney time to go through the agreement for a comfort level, noting that she has some comments and issues with the proposed agreements. Mike Leslie, 17212 Grand Avenue, noted his property ownership in the community. He expressed his belief that Ms. Nanette has a good ski school, and addressed the costs of the ski school. He commented on the difficulty for local residents to afford the lessons. He suggested that as a part of the Lake community there needs to be some kind of non -profit ski club to get people started. He noted the need to generate interest in families of Lake Elsinore. He suggested options by use of the Lake by a non -profit club and getting the point across that the Lake and Channel are the major benefits of the community. He stressed that everyone needs to experience the biggest asset of the community. PAGE NINE - STUDY SESSION MINUTES - SEPTEMBER 16, 1997 He indicated with regard to the agreement with the school and how long it should run, his main concern is that a long term agreement, should not preclude a ski club from operating. He expressed concern with giving one person or group the sole use of the Lake. Mark Piascik, resident of Grand Avenue, voiced his objection to exclusive rights to the slalom course on the Lake. He indicated that he had no objection to her school, but it is not fair that one person or entity can control the Lake. He indicated that he is now skiing 4 or 5 days a week, but noted the limited challenges without a slalom course to make it more interesting. He indicated that the area is big enough for two or three slalom courses; and most of the time there is not one in the channel when they are skiing. He noted that the City is trying to attract other boaters to the area and stressed the need for a local course to draw skiers. He further indicated that with Ms. Nanette 's standard rates, he could not afford to ski with her, with the frequency he now skis on his own. He emphasized that he would like the Council to consider also allowing other ski clubs to be established in the Lake or the channel. He suggested that it would be wrong to allow an exclusive use of the inflow channel. Mayor Pro Tem Kelley questioned if there were other ski clubs on the Lake. He indicated that there are no other ski club on the Lake, but noted that there would be an interest if there was a slalom course they could utilize, and all of them are willing to pay. Mayor Pape questioned the cost of providing such an arrangement.. Mr. Sapp indicated that staff has met with two groups previously, who never proceeded. Mayor Pape questioned what would be involved. Mr. Watenpaugh noted the potential for liability. Mayor Pape questioned if a club collecting dues would be feasible. Mr. Watenpaugh indicated that it is done in other areas. There was general discussion with Mr. Piascik of the potential areas, starting times, and other such facilities. Mayor Pape suggested that if a slalom is desirable, it would be appropriate to look at working with the skiers on the proposal. Mr. Watenpaugh indicated that anything is possible, but stressed the difficulty of enforcement. Councilman Metze indicated that he would be against opening the channel to the general public, due to the potential for accidents. Councilman Metze questioned the potential of allowing for the City to do four events a year and suggested the inclusion of community service events in conjunction with City sanctioned ski clubs. Mayor Pro Tem Kelley noted that skiers from the local area tend to ski very early. The audience concurred noting that they begin skiing at daylight. Councilman Metze noted the potential to work out some options. Mayor Pape noted that he was hearing that the exclusive agreement may not be the direction to go, but the question still remains with the period of time and would require some thought. He suggested that this item be brought back to a meeting in November. Councilman Metze clarified that he would suggest an exclusive with some built in requirements. PAGE TEN - STUDY SESSION MINUTES - SEPTEMBER 16,.1997 Mayor Pro Tem Kelley indicated that she is not in favor of an exclusive. Councilman Metze stressed that there would be no guarantee for the optional additional years. Mr. Watenpaugh suggested that if there is no one in the channel, staff would still recommend that it be closed off. He noted the potential for facilities in the speed zone. Mayor Pape reiterated that this item should be placed on a November or December agenda. Ms. Nanette expressed concern with having others in the channel, and stressed the need for very precise driving skills as the water shallows. She stressed that she certifies their skills for driving the channel. Council consensus was away from an exclusive, but into a cooperative effort. Mayor Pape noted that staff should explore how best to address -it. There was general Council discussion of the potential problems. City Manager- Watenpaugh indicated that staff could investigate the issues further with other facilities to address the liablity as best as is possible. Pete Dawson, presented photographs of the inlet channel taken in the last four days; and noted that there are three areas available for slalom courses. He indicated that he has nothing against Ms. Nanette's ski school, but is concerned with the exclusivity. He suggested that there is room for everyone in the picture; and stressed that there should be room for everyone willing to pay for it. He noted the current use of the existing facilities, and reiterated the availability of space. He stressed the amount of time the courses are not being used. Councilman Metze stressed that there should be caution with the control of the facility. Mr. Dawson stressed that he could not afford to use the facility. Mr. Metze stressed that he could not support opening the facility up to the public. Mr. Dawson noted that people are skiing on Canyon Lake and explained how their facilities are operated. Mr. Dawson addressed the Mastercraft Ski Lake in Corona and detailed the cost for use of that Lake. City Manager Watenpaugh reiterated that staff could come back with some options for the council. THE CITY COUNCIL STUDY SESSION WAS RECESSED AT 4:50 P.M. THE CITY COUNCIL STUDY SESSION RECONVENED AT 5:00 P.M. 4. Proposed Open Air Market at the Diamond - Triple Crown Enterprises. (F:151.1) City Manager Watenpaugh noted the past efforts for an open air market; and explained the Mr. Martin was present to make a proposal. He noted that the City is in the process of negotiating the lease on the Stadium and noted the potential need to make any agreement contingent upon those negotiations. Community Services Director Sapp introduced Dick Martin and stressed that they would like to rent the facility, instead of being partners with the City. Mr. Martin advised that they are in no way affiliated with the prior Open Air Market > promoter; and they don't want to be partners with the City. He indicated that there is more money to be made that way, noted that they want to call it the Marketplace at the Diamond and stressed the name recognition of the PAGE ELEVEN- CITY COUNCIL MINUTES SEPTEMBER 16, 1997 location. He indicated that they have settled on the Diamond because it is a clean operation for vendors and customers; and all of the vendors contacted are impressed with the idea. He stressed that the marketplace will all be on a paved parking lot with free parking for the handicapped. He indicated that they plan to use Parking Lot B for the actual marketplace, and detailed the parking arrangements. He noted that there will be about 60 or 70 spaces for preferred parking with extra payment required and about 150 free parking spaces. He explained the vendor area set up and the planned phasing. He noted larger spots and narrow spaces. He stressed their effort to make the facility look full at all times; and advised that they plan to run about 80 days a year from September 1st to April 1st, every weekend. He noted that during Baseball it would be according to the Storm schedule. He advised that payment will be by the month from September through April, but August 'would be a smaller payment due to less days. He advised that this erratic scheduling has proven not to be a problem at other venues, and noted the Orange County arrangement. He indicated that he sees this arrangement as working hand in hand with the Stone baseball season. He indicated that they will rent the two parking lots and have a supervisor on premises; and will contract with the City or its designee for security. He further advised that they will have a food vendor on site, but no beer until they can settle with the Sheriffs Department with regard to deputies on premises. He noted that with regard to trash, each vendor will be required to take theirs off the premises for disposal. Trash generated by the customers, will be accommodated by the promoter, who will provide trash facilities. He noted that they will not have anything permanent on the parking lot, or be using any power for any of their operations; however perimeter spots will be allowed to bring in generators. He advised that they will have a million dollar insurance policy and each vendor will have a million dollar policy for coverage each day. He further advised that they will charge a $1 admission charge for customers, and $2 for preferred parking. He noted special promotional efforts to draw shoppers from other communities. He further noted that every vendor will need a resale permit with the address of the diamond to benefit the City. He stressed the benefit of people coming to the City to shop and seeing other places to spend money such as restaurants, gas stations, etc. He suggested that this should also help draw people for baseball and football games. Community Services Director Sapp noted that the promoter is looking at having all new items, not a garage sale operation. Mayor Pro Tern Kelley noted the potential for problems with antiques. Councilman Metze suggested that the promoter offer local antiques stores a different arrangement. Mr. Martin noted most people shop all of the shops in the area for antiques, but local businesses are welcome to participate in the Open Air Market. He offered to put a sign at_ the entrance on the way out to direct people to the other antique, stores in the downtown area. Mayor Pro Tern Kelley inquired if the promoter would be approaching those businesses to invite them to participate: Mr. Martin confirmed. Mayor Pro Tern Kelley noted the last marketplac.3 problem of the vendors lack of foot traffic; and questioned how Mr. Martin will address that: issue and ensure vendors will generate the traffic. Mr. Martin indicated that they PAGE TWELVE - STUDY SESSION MINUTES - SEPTEMBER 16, 1997 could become a victim of the same situation as the last promoter, but the City will not be tied up with it. He noted this was one reason for the phased in approach; to address the low initial turnouts. He further noted that in July they had about 100 vendors committed and some are still interested. Mayor Pro Tem Kelley inquired when they plan to open. Mr. Martin indicated that the vendors will need time to get permits, and need a minimum of six weeks to get it going following the approval date. He suggested starting either November 1st or March 1st. Councilman Metze noted that the last market was closing and leaving early. Mr. Martin advised that they will have standards for the vendors and maintain a 100% customer satisfaction requirement. He indicated that they will not be allowed to start breaking down until 4 p.m. Mayor Pro Tem Kelley questioned the mix of product. Mr. Martin indicated that there will be produce in spring and summer, but not in the winter. He advised that they plan on a nice mixture, and will offer quarterly rates to gain return vendors. He stressed the experience of the vendors in replenishing their stock and stressed the variations in stock to encourage impulse buying. Councilman Metze questioned the alignment of dates with the Dolphins and the High School. Community Services Director Sapp indicated that the football games would be compatible with this marketplace, because there is time to clean up prior to those events. Councilman Metze stressed the other potential uses at the Diamond; and noted the clause allowing Triple Crown a 20 day withdrawal arrangement, suggesting that the City should have the same opportunity. City Manager Watenpaugh indicated that the provisions would be the same for the lessee and the lessor. Mayor Pape noted that when this item comes to Council for consideration, they will need more information on TMC and how their proposal would coordinate with this agreement. ADJOURNMENT MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY -UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE STUDY SESSION AT 5:30 P.M. u> X W. PAPE, MAYOR OF LAKE ELSINORE ATTF,gT -. IC7Si KA, CITY CLERK 4 -11TY OF LtrKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 23, 1997 �•: • The Regular City Council Meeting was called to order by Mayor Pape at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Community Services Director Sapp. I�i�il:ID PRESENT: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: ALONGI Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, City Engineer O'Donnell, Police Chief Walsh, Assistant to the City Manager Best and City Clerk Kasad. PRESENTATION A. Proclamation - CR & R (F:122.1) Mayor read the proclamation & presented it to Ed Campos, representing CR & R. Mr. Campos thanked the City Council for this recognition. • . ,�, �= Mayor Pape detailed the events and services available for Second Chance Week, October 18th thru 26th, 1997. N C. Presentation - F.I.T. Committee.(17:64.1) Mayor Pape noted that the F.I.T. Committee is an off -shoot of the CAP Conference and noted the efforts by the FIT Committee. Steve Wallace, representing the Fix It Together Committee, detailed the F.I.T. Program and explained their efforts further. He stressed their interest in improvement of the Lake Elsinore Valley, using efforts by all age groups. PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 23, 1997 He noted that last year they completed two major projects and got approximately 100 kids involved in the projects. He detailed the student groups involved, and noted the increased committee and area of service. He advised that they are planning eight major projects for this year. He detailed the types of work which will be completed and stressed their concern for correction of safety issues. He noted that this year they will also involve students from Ortega High and Elsinore High. He further noted the need for support from area service organizations and the need for supplies. He detailed last year's sponsors for donated materials and suggested anyone with questions contact him at (909) 244 -3253. He advised that applications will be available at City Hall, the Senior Center, and Canyon Lake City Hall. Mayor Pape commented on the 100% volunteer efforts of this committee. Mr. Wallace indicated that applicants should be senior citizens, low income or disabled; and explained the review process for selection. Mayor Pro Tem Kelley noted that the work with this group has been a lot of fun. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Items Nos. 3, 5 and 32. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3 and 5. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - September 9, 1997. (F:44.4) The following Minutes were received and filed: b. Planning Commission Minutes - August 20, 1997 C. Planning Commission Minutes - September 3, 1997. (F:60.3) d. Design Review Committee Minutes - August 20, 1997. e. Design Review Committee Minutes - Sept. 3, 1997. (F:60.4) 2. Ratified Warrant List for September 16, 1997. (F:12.3) PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 23, 1997 4. Issued Written Report in Compliance with the requirements of Section 65858 of the Government Code, Describing Measures Being Taken Relative to the Adoption of Urgency Ordinance No. 1021 and 1022 which Temporarily Prohibits Residential Projects at a Density Greater than Twelve (12) Dwelling Units Per Acre Pending Contemplated General Plan and Zoning Studies; and set a public hearing for October 28, 1997 for extension of Ordinance No. 1022. (F:78.1) 6. Approved Public Hearing Date of October 28, 1997 for the following: a. General Plan Amendment 97 -3 and Zone Change 97 -2 - Scott McDaniel (F:83.2)(X:172.2) .BUSINESS ITEMS 31. Appointment of Voting Delegate /Alternate -League of California Cities Annual Conference. (F:108.8) Mayor Pape introduced this item. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT MAYOR PAPE AS THE DELEGATE AND MAYOR PRO TEM KELLEY AS THE ALTERNATE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. City Manager Watenpaugh explained this item, and noted the presence of Task Force Members in the audience. Mayor Pape invited the Task Force forward for recognition. He noted the time spent considering reclaimed water for a variety of uses in the valley; and presented Certificates of Appreciation to those Task Force Members in attendance as follow: Pete Dawson, Gene Frick, Chris Hyland, Mark Dennis, Jimmy Flores, John Gonzales, Tom Hundshamer, Bob Schiffner, Edith Stafford, Bill Thomas, and Phil Williams. Phil Williams, Chairman of the Task Force, noted the diversity of this large group of Task Force Members and the variety of opinions and attitudes. He noted the findings of the report and the infeasibility of buying drinkable water to put in the Lake. He explained that reclaimed water is a new and upcoming source and stressed the inavailability of water from Eastern Municipal Water District in the near future. He noted that there are two major issues in this discussion being public perception, and health and safety. He indicated that Health & Safety the easiest part, noting the ability make reclaimed water drinkable and useable. He commented that the second issue was the PAGE FOUR —CITY COUNCIL MINUTES - SEPTEMBER 23, 1997_: acceptability of putting reclaimed water in the Lake. He indicated that Nitrogen and Phosphorous are big issues, and stressed the impact of those nutrients on the Lake. He further stressed that any reclaimed water will need to meet the current quality of water in the Lake. He noted the potential impact of El Nino on the Lake this year and requested Council concurrence to allow the Task Force to proceed. Dr. Moid Ahmad, hydrologist and resident of Lake Elsinore, noted the fish kills at the Lake and the smell of the lake. He addressed a report by Black and Veatch regarding what the water contains, and indicated that reclaimed water will not change anything or correct the smell. He indicated if something is to be achieved it is important to start with the watershed area; and expressed concern with the watershed area. He further indicated that people should visit the Lake every day and see the impact raf the water on the fish on a daily basis. He also indicated that spending money on the Lake will not accomplish anything, and detailed the phosphorous levels of ground water and Lake water. He commented that he does not believe that El Nino will have any impact on the Lake. Mayor Pape suggested that Dr. Ahmad share his findings with Community Services Director Sapp. Mayor Pro Tern Kelley thanked the Reclaimed Water Task Force and her appointee, Mr. John Gonzales for their investment of time and energy over the last several months. She noted the discussion of the watershed issues and stressed the need to find innovative ways to save this most precious resource. Councilwoman Brinley thanked the Task Force for their hard work and time spent on reclaimed water issues. She thanked Mr. Williams for his leadership role on the Task Force. She indicated that her problem is still the watershed issue and until that is addressed, it seems we would be throwing good money after good money. She encouraged the Task Force to promote and educate area residents on the facts about reclaimed water. She stressed the importance of an educational program with workshops, study sessions, etc., to gain public input and support. She expressed concurrence that any water going into the Lake should be up to the quality of drinking water, so everyone can feel safe. She again thanked the Task Force for their time and efforts. Councilman Metze thanked the Task Force for their work and noted that their efforts saved time for the Council and the Water Board. Mayor Pape noted that this year has been unique with Citizen's Committees for both Measure BB and the Reclaimed Water Issue. He noted that there is much more involvement by local residents; and suggested that will be increasingly important in the future. He noted a recent news article regarding waste water and the picture "waste water" conjures for most people; and comments by Jay Leno on the topic. He stressed the need to think long and hard as to whether it will benefit or impact the Lake and its PAGE FIVE:- CITY COUNCIL MINUTES - SEPTEMBER 23, 1997 usage. He noted that the Lake is a commodity and competes for people to come to Lake Elsinore over Lake Perris, etc. He also noted that Eastern will not have water available for many years, so the water will need to come from E. V.M. W.D., but even they have only a small fraction of what would be needed for the annual evaporation from the Lake. He indicated that what is available could not increase the water level, and stressed the need to pursue all resources to assure that the water does not go too low and impact the recreational usage of the Lake. He further stressed the need to educate people so they understand what is involved and make the negative perceptions go away. He noted that it does not look like more water will be needed this winter. He again thanked the Task Force for their efforts and the opportunity to recognize them publicly. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97-63: RESOLUTION NO. 97-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACKNOWLEDGING THE "WHITE PAPER" ENTITLED RECYCLED WATER FOR LAKE ELSINORE: PUBLIC ACCEPTANCE ISSUES AND RECOMMENDATIONS, PREPARED BY THE RECYCLED WATER TASK FORCE. ITEMS PULLED FROM THE CONSENT CALEND City Manager Watenpaugh noted that this item is being presented upon the ending of a four year contract and the firm has proposed a•contract for the next four years for the City of Lake Elsinore, Lake Elsinore Redevelopment Agency, Lake Elsinore Public Finance Authority and Lake Elsinore Recreation Authority. He indicated that the current year fee is $32,700 and they are proposing that next year the contract would be $35,450 and up in increments as stated in the report. He noted the impact of CFD's and bond issues which create increased paperwork for the auditors and would require staff to produce many documents which have already been provided. He noted that the City has received annual awards for Financial reporting from the State. He recommended an extension of the contract as proposed. John Seepe, 15631 Half Moon Drive, inquired if a representative of the auditing firm was present. Staff indicated they were not. Mr. Seepe noted an announcement by a City employee who said the ending balance for 1996 would be available in December. He questioned if Council was aware of the date of the final statement in prior years and suggested he was receiving conflicting reports from the City and would like to be able to vote responsibly in November. He expressed hopes that there would be a report available PAGE SIX CITY COUNCIL MINUTES - SEPTEMBER 239 1997 for review prior to the election and looked to the Council for enlightenment and assurance that this documentation will be available. City Manager Watenpaugh responded to Mr. Seepe, and indicated that staff could provide unaudited numbers, but the final report will be available about the first of December. He offered to provide the unaudited report and go through and explain them to him. He provided a press release and detailed the ending balances for June 30, 1997. He explained that an annual budget is an estimate and clarified the July 1st cash available for use. He noted the cuts made this year, the money allocated from the reserves and the lost tax increment. He noted that there was an improvement in the numbers as the ending balance was up from the project $1.3 million to $1.7 million. He stressed that the budget estimates were on target and recommended that the Council continue to work toward maintaining a $2 million general fund reserve. He also noted pending reimbursements to the park fund and library fund. He stressed that the numbers are unaudited at this time. Mayor Pape clarified that the issue before the Council is for the Contract approval, not to address the audited numbers. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO EXTEND THE AUDIT CONTRACT WITH THOMAS, BIGBIE & SMITH FOR FOUR YEARS AT THE RATES SPECIFIED IN THE LETTER DATED SEPTEMBER 11, 1997. 5. Wasson Canyon Discharge M.O.U. (F:164.1) City Manager Watenpaugh noted the study session on this issue and explained the issues of the requested agreement and the route of the waterline project. He explained the enhancements of the project and the long range benefits to the City. He suggested that the Council consider approval of this agreement subject to City Attorney approval. City Attorney Leibold noted that she will be providing proposed language, as the City needs to be relieved of liability from pending litigation. She indicated that she believes it is a good agreement in concept, but will need to provide additional language. City Ma -tiger Watenpaugh noted concerns for the International Outlet Center and rot-.d the potential need for assurance that the parties will be continuing to wor - with Mr. Chen on the project. Dick Knapp, City Treasurer, noted that h-. is leery about this as there will be no water until 2012. He indicated that h-1 has followed the project for about a year, and is curious as to why they are dumping their water on City property. He questioned whether the line will continue on or go into a processing plant. He expressed objection to the whole project and noted the Least Bells Vireo habitat and the International Outlet Channel He detailed his discussions with PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 23, 1997 other agencies and noted the need for Mr Chen to have a lot of money to mitigate. He suggested that this project looks good just before election time. Mayor Pape noted the recent study session at which those concerns were explained by Eastern Municipal Water District. He indicated that it is not an issue for the City as much as the Water District, but an issue of cooperation. Mayor Pape stressed not going into the Lake, but going on down the stream. Noted meeting with Congressman yesterday in an attempt to get this project off the ground. noted the developer has spent a lot of resources to get to this point and move forward. Mayor Pro Tem Kelley added that Eastern would be releasing water during their winter months, only in the event of heavy rains. She indicated that everyone is very well aware of the environmental concerns. Mr. Chen presented a rendering of his proposed project and noted that the site was formerly a junk yard. He stressed that the property used to look very bad and he has worked hard to find the best use for the property. He noted the money spent by the City for Collier Road and stressed the City intent to gain the best use of that road. He indicated that he would appreciate City staff giving him advise on his latest proposed project. He noted the potential benefits of his project to the City, and indicated that as he understands this pipeline project, has its own drainage problems. He advised that he has been discussing his project with the County for three months and they are now working to realign the flood line. He thanked the City Council for their support. Councilwoman Brinley concurred that Mr. Chen is working with the Corps of Engineers on the project and with Congressman Calvert on the situation. She requested the inclusion of a caveat that they work with Mr. Chen regarding his current project and keep the Council abreast of the progress. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE MOU, PENDING CITY ATTORNEY REVIEW AND APPROVAL; AND WORK WITH MR. CHEN ON HIS EXISTING PROJECT. Councilman Metze noted that this document is only a MOU, and there are still many hoops to jump through for permitting, mitigation, land acquisition, etc. Mayor Pape noted that the Water District is in an enviable position to be able to plan that far ahead for future needs. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE CITY COUNCIL MEETING WAS RECESSED AT 7:59 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:06 P.M. PAGE EIGHT - CITY COUNCIL MINUTES SEPTEMBER 23, 1997 Helen Moore, representing the Elsinore Valley Artist's Society, thanked Mayor Pape for his appearance at their Art Show. She noted that the rest of the City Council and staff were also invited. She indicated that they had a good show and noted the difficult decision for the Mayor's Choice Award. She further indicated that there were artists from various other areas from Bellflower to San Diego and one from Tucson, AZ. She thanked the Mayor for his attendance, and noted that the local press did not give them what they wanted. She thanked staff for the coverage they received on the Union 76 sign, and for their assistance. Nita Van Heest, presented a hypothetical comparison of herself as a developer to TMC. She expressed concern with the track record of TMC on other projects. Chris Hyland, 15191 Wavecrest, noted that she received phone calls on Sunday, during a door to door campaign advising that a document is false. She noted that the document is a memorandum from Administrative Services Director Boone to City Manager Watenpaugh and questioned whether it was a false document. She indicated that according to the Finance Director these were the balances on hand at the end of the fiscal year. She requested an accounting for $1.8 million, and quesitoned further whether the information was false. She also questioned whether there was not in fact $3.l million in reserves on the day the parks were closed. She noted that she is running for the same office and stressed that it is paramount that the people be given the truth. She suggested that City Manager Watenpaugh threw figures around to fool the people. James Gray, 15159 Mimosa Drive, commented that the Council needs to instruct r law enforcement personnel not to automatically come to the podium at the three minute bell, but only when directed to do so by the Mayor. He suggested that this type of action should be on a case by case basis. = He noted that disruption of City business is against the law and suggested that speakers with longer comments, invite a neighbor to read the balance of their comments. He further noted that the Council should tell TMC to take a hike; and advertise in the surrounding area for professional management companies with proven experience in managing a facility such as the Diamond. He indicated that the next focus should be the Lake, which has started with the work of the Reclaimed Water Task Force. He thanked Pete Dawson for repeatedly proving that the Lake is safe. Dick Knapp, City Treasurer, noted that he picked up a memorandum from City Manager Watenpaugh to himself with copies to Council and staff. He detailed the packet regarding the July 31st balances, and indicated that they follow with the June 30th balances. He noted that Mr. Watenpaugh tried to explain the difference, but it has taken three months to come up with that information. He further noted that everything will not be accounted for because of the mid -year review. He suggested that the balance which is shown as $1.3 million is really $3.1 million, and stressed that the parks should have never been closed. He reiterated that the parks could have been kept open. He further' questioned why the information he requested took PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 23, 1997 so long to produce. He indicated that a disservice was done when the parks were closed, and stressed the need for fiscal responsibility. He encouraged voters to support he and Chris Hyland. John Seepe, 15631 Half Moon Drive, noted that he has spoken about what he feels about RDA, taxes and the press; and indicated that he speaks because he believes in what he is saying and is not willing to compromise on those issues. He questioned if his personal beliefs should cause him to receive threats. He indicated that threats have been made upon his family and reported to the police; and now he is speaking out about it. He indicated that this type of activity should not be tolerated in the community; and everyone needs to grow up and grasp reality. He further suggested that when we grasp reality, then maybe we can begin to grasp the problems of the community. He stressed that there are things in the community worth standing up for; and expressed hopes that more people like Mariana will exercise that right. Rick Zwiefel, 101 South Main Street, noted that he would be making comments he believes are true. He indicated that Gary Washburn was previous mayor, voted yes on all TMC items, voted on spending $8 million for the ball field, and voted in support of all the overage costs. He further indicated that Mr. Washburn is a consultant to TMC and the Council is drafting a contract with TMC and Mr. Washburn to take over the ball field; and suggested that this arrangement sounds fishy. He questioned if these factors are true and requested that the Council let the community know what is being considered; and suggested that Mr. Washburn is still running the show. John Del Regno, 161 S. Main Street, commented on the Dolphins football efforts to play a game for the parks fund. He indicated that Walmart, Albertsons, Food Smarts and Denny's are marketing tickets for the event and noted their efforts to obtain sponsorships from area businesses. He advised that those persons interested in volunteering to assist with their efforts can call (909) 678 - 8000. He noted that the team currently has five wins and no losses and they believe they can raise a lot of money with the assistance of the public. Mayor Pro Tem Kelley thanked Mr. Del Regno for the sign at the City campground. Mariana Mohylyn, 305 W. Sumner, indicated that City officials and the Mayor are governed by un- American policies, including arm twisting. She further indicated that land is being permitted to be confiscated and people are being abused. She questioned how many people come before the Council to speak and noted that it is generally only five to eight people who are granted only three minutes each. She further noted that the police are ready to remove those people like Stalin and Lenin. She quesitoned if that is what Lake Elsinore should be, and noted her efforts toward freedom of speech. She indicated that the people are maturing and expressed hopes that the Council will mature with them. She reiterated her concerns for freedom of speech without police brutality. Lee Allen, 270 Avenue 9, indicated that he generally stays away from City Council Meetings because they were going down hill when he came here. He suggested that PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 239 1997 the City has been tax and spend, but it is time to clean house. He expressed concern with the Council's administration of the City and reiterated that he would like people to wake up and clean house for the betterment of Lake Elsinore. He noted that he previously suggested removal of the sand and silt from the Lake and noted the dangerous conditions. He stressed that the Council should do something constructive and there would be no competition with other areas. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted that staff did try to clarify the pooled cash at the end of the fiscal year; and advised that the press release would be available. 2) Addressed Item No. 5 regarding Reclaimed Water and stressed that there is not necessarily any water available at this time, and there will not be any for the Lake for quite some time. He noted comments at the last Study Session that the only time there would be a surplus of water would be in the winter months in the study session that they would have surplus in winter months when it could not be placed into the Lake. 3) Addressed Ms. Hyland regarding the accuracy of the memo being circulated. He indicated that it was accurate, however it was used publicly to indicated that those dollars are available cash to be spent, which is not the case. He stressed that those were the dollars at the end of the year and noted the final balance variance was not bad; and reiterated the increase due to onetime non - recurring money. 4) Addressed Mr. Gray's concerns regarding organizations with whom there are agreements, specifically with knowing they have adequate financial resources, who are they and whether they are experienced to say what they can do. He indicated that he was not sure at this time, but will be prior to the agreement being signed. 5) Confirmed that the City did allocate general fund dollars to the stadium, they are not hidden but are in the budget and they were in the budget last year. He noted that there is only one more year on that contract. 6) Confirmed that the RDA has obligations and funds are being allocated to address them; and stressed that the bills are all being paid. 7) Addressed freedom of speech, and stressed that they are not precluding comments but guaranteeing them their three minutes. He stressed that there are others who want to speak, and the City is requesting compliance, rather than dealing with it legally. PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 23, 1997 8) Noted that staff has been meeting with GFLRacing regarding the Grand Prix to assure that the race and events are as smooth as last year. CITY ATTORNEY COMMENTS City Attorney Leibold commented that part of her charge was to review, negotiate and prepare legally enforceable agreements. She indicated that with regard to the identity of TMC, staff has requested organizational documents and financials from TMC, just as would be done with any other developer, to assure the financial backing and expertise to perform the obligations of the contract. She noted the need to discuss Closed Session items. CITY COUNCIL COMMENTS Councilwoman Brinley commented on the following: 1) Thanked John Del Regno for the football game for the parks effort. 2) Noted that she keeps hearing the parks are closed, but they are not closed, they are open and being used. She clarified that they are not being used for organized sports, due to the level of maintenance. 3) Noted that the ballot in November provides residents with the opportunity to vote on the level of services the City will provide. 4) Addressed the RDA, and concurred that it was a complex entity which takes a lot of time, efforts and studying to understand its intent. She indicated that it is there to help businesses and not create blighted areas. She noted that she has discussed the matter with the City Attorney and suggested that people with questions call the City for clarification. She commented that the professional staff has give the answers openly and honestly and taken the time to explain the information; but some refuse to accept the answers, or try to understand the truth. 5) Commented on the TMC negotiations, and noted that it is not possible to discuss much, but the professional staff and consultants are working diligently on the matter to assure that the important issues are addressed. She stressed the City effort to give the people a well maintained Stadium at a lower cost. 6) Addressed El Nino and noted that City staff is on top of the situation, and meetings are occurring with the County Emergency Services office and the fire department. She noted the upcoming meetings and training for all full time staff. She stressed that the City will be in a state of total preparedness. She fiuther stressed that this is another reason for - U PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 23, 1997 maintaining the reserves. She noted that it could be necessary to use up the reserves to protect the community. 7) Addressed the Art Show, and noted that she missed the event due to the birth of her fifth grandchild. She announced that her new granddaughter Erynn is a welcome addition to the family. Mayor Pro Tem Kelley commented on the following: 1) Noted her attendance at the soccer field on Saturday and the questions she has received regarding the new Albertson's Market. She noted that she heard comments that the project was denied, but reassured the public that the project was moving forward. She commented that the Council can only correct the rumors, which are most likely to occur during an election. She stressed that it is important to call City Hall for clarification and answers. 2) Announced the Friends of the Library autumn book sale on October 3rd and 4th at Chuckles Java Junction on Main Street, and detailed the hours of the event. She noted that there would be live entertainment by "Echo" on Friday evening. She advised that donations of books can be delivered to the Library. Councilman Metze commented on the following: 1) Congratulated Rita Wilsey on her Kansas City win of a National title for Women's Corvette Racing; and noted that it is her third consecutive win. He fin ther noted that she also set a course record for speed for ladies corvettes. 2) Noted that there are two Dolphins games in October before the next City Council meeting, on October 4th and 18th. 3) Clarified that this City has received the California State Award for Outstanding Financial Reporting; and stressed the high level of quality in annual financial statements. 4) Apologized to staff, and indicated that with the number of hours spent with Mr. Knapp, and stressed that there are two sides to a ledger. He indicated that citizens need to be kept advised, and noted that efforts were made to pass a park funding measure by a 50% vote, but were stopped. He stressed that the people who made an issue of that vote campaigned against Measure BB and now against Measure RR. He noted that one current candidate has previously stated that this City is further in debt and headed for bankruptcy court and at two meetings stated that the City is broke. He noted that those comments were as late as August 15th of this year, when she said the ".....have to break th e chain of a clique that has too long dominated the City and placed it on the verge of bankruptcy, but now we have the money to do what they say we can ...." He stressed the need to decipher who is telling the truth, and noted the earlier mention of fiscal responsibility. He noted that when people are signing recall petitions, they are saying they have read the petition, and stressed that it says nothing about parks. He noted that it costs about $35,000 for a special election with enough signatures, and questioned the fiscal responsibility of that or suing the City. He quesitoned who paid for the attorney in a recent lawsuit. He indicated that he does not believe they have listened to the people in the last three elections and noted the vote counts received by Councilmembers Brinley and Kelley. He expressed concern that neither has been allowed to govern from day one. He stressed that the Councilwomen were elected and are not being listened to; and questioned what makes people think that the other group will listen to the people. He noted that Councilman Alongi recently testified against the City to keep a bar open and quesitoned what people really want. He expressed hopes that the citizens could decipher the situation, and reiterated the fluctuations on money comments. He questioned who has been straightforward with the facts. Mayor Pape commented on the following: 1) Requested that staff look at the potential need for a stop sign in the area of Mill Street near Avenues 9 and 10. He stressed that there is a lot of traffic moving at a high rate of speed. He further stressed that there are a lot of small children and it is important to slow the traffic down. 2) Thanked the Art Society for their event, and indicated that he had a pleasant time. He confirmed that it was a challenge to pick out the Mayor's Choice Award, and commented on the amount of talent in the valley. 3) Noted some good news with regard to the persistent problem areas for potholes. He noted that work will be done on Grand Avenue, Machado/Lakeshore, Riverside Drive /Gunnerson, Summerhill at Canyon Estates Drive and Spring Street near the Alamo Market by a week from Friday. 4) Indicated that the City Council Meeting is not the forum for campaigning, but a place to conduct City Business. He stressed the importance of acting in a professional manner and keeping campaigning outside the facility. He noted efforts to provide rumor control, in cases which are obvious efforts to mislead people. He noted a Letter to the Editor regarding City reserves, suggestingthat there is more and noted that a basic accounting course is needed, to understand the situation. He stressed the cash flow issues and noted it is no different than in 1994, 1995 and 96. He reiterated that every year tile'. PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 23, 1997 revenues have gone down, staff has been cut and the reserves have gone down. He noted that the good news is that the recession is over, and projects are starting to move forward. He stressed that people should avoid being misled. 5) Noted the next airing of the Visions and Views program on Monday, noted the water ski racing over the weekend and announced that the next show would include a skydiving jump. WKIRIAMI o� a. Conference with Legal Counsel - Anticipated Litigation - 2 cases. b. Conference with Real Property Negotiator - 80.43 Acres - AP #365- 020 -026, 365- 020 -021, 365- 007 -026, 365- 020 -027 and portion of 370- 020 -002 - TMC/LEA Settlement Agreement - Discussion of Terms of the Agreement.. C. Conference with Real Property Negotiator - Mamie Miller Property - AP# 374 - 301 -008 & 374 - 302 -002 - Discussion of Terms of Agreement/Price. City Attorney Leibold noted the closed session items pursuant to Government Code Sections 54956.9b and 54956.8. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:31 P.M. WITH THE FOLLOWING ANNOUNCEMENTS: City Attorney Leibold announced that the City Council present unanimously directed staff to proceed with negotiations on both real property items, but no final agreement has been reached on either. She further announced with regard to anticipated litigation, those City Councilmembers present unanimously gave direction to Legal Counsel to respond and address those issues. ADJOURNMENT MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING 9:35 A� est VIN W. PA_ E, MAYOR (��' ��' Y ITY OF LAKE ELSINORE J CITY CLERK VITF CF T:.EM' ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 23, 1997 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Pape at 3:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, City Attorney Leibold and Special Projects Director Molendyk. CLOSED SESSION a. Anticipated Litigation - 1 Case. b. Conference with Real Property Negotiator - TMC - Lake Elsinore Diamond Stadium. C. Conference with Real Property Negotiator - TMC - The Liberty Project. THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 3:01 P.M. TO DISCUSS THE ABOVE MENTIONED ITEMS. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 5:00 P.M. NO ACTION TAKEN. 1 loll THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 5:01 P.M. AT r>J', %' rl i V.i--!:,'1�I� jKA- AD., 0,T1'Y CLERK CIXY OF J." KL ELSINORE L(% VIN W. P E, MAYOR CITY OF LAKE ELSINORE U MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 28, 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:03 p.m. PLEDGE OF ALLEGIANCE Colors were presented and the Pledge of Allegiance was led by Cub Scout Webelo s Pack 99. WLTk11XVV 14) � The invocation was presented by Pastor Elaine Yi of the R.O.C.K. Ministries. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE. Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, Senior Planner Villa, City Engineer O Donnell, Building and Safety Manager Russell and Deputy City Clerk Bryning. PRESENTATION Mayor Pape presented a proclamation to thank Bill and Donna Staples for their contributions to the community through their activities in the Lake Elsinore Marine Search and Rescue. Mr. Bill Staples thanked the Mayor and Council for the proclamation and recognition on behalf of himself and his wife. He stated that there are 20 members in the Lake Elsinore Marine Search and Rescue and that he felt that this recognition was for them as well. Mayor Pape presented a proclamation to Eliza Woolfolk, Executive Director for Alternatives to Domestic Violence. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 289 1997 Eliza Woolfolk, Executive Director for Alternative to Domestic Violence accepted the proclamation and presented material regarding domestic violence and pins to the City Council. C. Presentation - El Nino Update - Mark Bassett, Coordinator, •. of Riverside, Mark Bassett, Emergency Services Coordinator, County of Riverside, presented a slide show which explained the potential impact of an El Nino condition and noted past experiences caused from previous El Ninos. He explained the precautions and preparations that the City of Lake Elsinore and County of Riverside are taking and fiuther explained what the citizens should do in preparation for potential problems that could arise. He encouraged early preparation and stressed that the public should acquire flood insurance early to ensure that they have protection. �.. •i C. • ► ••. - City Manager Watenpaugh gave an overview of the Ballot Measures and a breakdown for each measure. He encouraged the public to vote on November 4th, to choose the quality of life that the voter desires and stressed that each measure must have a 2 /3rds majority vote to pass. PUBLIC COMMENTS - AGENDIZED ITEMS There were requests to address the following items: Item Nos. 3 and 21. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1 and 5. MOVED BY BRINLEY, SECONDED BY KELLY AND CARRIED BY UNANIMOUS VOTE TO APPROVED THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 2. Ratified Warrant List the following: (F:12.3) a. September 30, 1997 b. October 15, 1997 3. Receive and file the Investment Report for August 31, 1997. (F:12.5) PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 28, 1997 4. Rejected and refer the following claims to the Claims Administrator for processing: (F:52.2) Jason Tinajero - CL #97 -20 Roy Howe - CL #97 -22 Bree Ohlers - CL # 97 -23a Larry Lievsay - CL #97 -23b Sheryl Lievsay - CL #97 -23c 6. Approved the McVicker Canyon Debris Basin and Line B -1" Channel (Stage 4) Change Order No. 1 in the amount of $39,602 to be funded by CFD 88 -3. (22.3) 7. Approved the reprogramming of $3,400 from the Swick/Matich Expansion Project for the purchase of two (2) emergency radio units`for both the primary and alternate E.O.C. sites, and directed staff to follow all necessary steps with the County E.D.A. for reprogramming of the dollars. (F:84.2) 21. General Plan Amendment No. 97-3 and Zone ChanLye 97-2, Scott McDaniel (&W ReWW - Assessor s Parcel Number 377-330-007 - Resolution No. 97-65 Ordinance n• 1 City Manager Watenpaugh gave an overview of the project and explained that it is 18.11 acres between the freeway and the rodeo grounds on Franklin Avenue. He noted that the proposal before Council is to change the Land Use Designation and Zoning from Medium Density Residential Land Use to General Commercial and from High Density Residential Zoning to General Commercial. He noted that this item was heard by the Planning Commission and they unanimously recommended approval by the City Council. He stated that it is staff s recommendation that Council adopt Mitigated Declaration No. 97 -7, approve General Plan Amendment No. 97 -3 and adopt Resolution No. 97 -65, approve Zone Change No. 97 -2 and adopt Ordinance No. 1031 based upon the Findings. Mayor Pape opened the public hearing at 7:32 p.m. and asked the person who requested to speak to come forward. Mr. Franklin Sims, Burnett Development Corporation representing the owner gave a brief background of his company and the projects that they are currently involved in. He stated that he is available to answer any questions and commended staff for their guidance and assistance with this project. He asked that Council consider approval of the request. Mayor Pape asked if there was anyone wishing to speak in favor or opposition to this project. Hearing no one, the public hearing was closed at 7:35 p.m. PAGE FOUR - CITY COUNCIL MINUTES OCTOBER 28, 1997 MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE DECLARATION 97 -7; APPROVE GENERAL PLAN AMENDMENT NO. 97 -3; ADOPT RESOLUTION 97 -65 AND APPROVE ZONE CHANGE NO. 97 -2, WITH THE FOLLOWING FINDINGS: RESOLUTION NO. 97-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN FOR THE THIRD CYCLE OF THE CALENDAR YEAR OF 1997 CHANGING THE LAND USE DESIGNATION OF ASSESSOR S PARCEL NUMBER 377 - 330 -007 FROM MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL. FINDINGS - GENERAL PLAN AMENDMENT 97 -3: 1. The proposed General Plan Amendment will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property s location, access and constraints. 4. The proposed General Plan Amendment will not have a significant effect on the environment. FINDINGS - ZONE CHANGE 97 -2 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. 2. The proposed action will be consistent with the Goals, Objectives and Policies of the General Plan and the standards established in the Municipal Code. 3. This project will not have a significant impact on the environment. PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 28, 1997 MOVED BY METZE, SECONDED BY BRINLEY TO ADOPT ORDINANCE NO. 1031 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE ZONING OF 18.11 GROSS ACRES ALONG FRANKLIN STREET FROM R -3 (HIGH DENSITY RESIDENTIAL ZONING) TO C -2 (GENERAL COMMERCIAL) - ZONE CHANGE 97 -2 - SCOTT MCDANIEL. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI BRINLEY, KELLEY, METZE, PAPE NOES: • NONE. • NONE • NONE 22. Consideration to extend Ordinance No. 1022, an Urgma Interim Ordinance twelve (12) dwelling units per acre pending coult-,=lated General Plan and Zonina studies - Ordinance No. 1032, City Manager Watenpaugh gave an overview of the proposal and explained that the City Council unanimously adopted a 45 -day Urgency Interim Ordinance (Ordinance No. 1021) temporarily prohibiting residential projects with a density greater than 12 dwelling units per acre in the City pending completion of the General Plan and Zoning studies. He noted that prior to its expiration, Council adopted a subsequent ordinance (Ordinance No. 1022), extending the Urgency Interim Ordinance for 10- months, and due to the downsizing of the City staff, we have not been able to complete the study. City Manager Watenpaugh stated that staff recommends that City Council consider extending the moratorium an additional 12 months to October 21, 1998, by adopting Ordinance No. 1032. Mayor Pape opened the public hearing at 7:39 p.m asking if anyone wished to speak, hearing no one the public hearing was closed at 7:39 p.m. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE AND ADOPT ORDINANCE NO. 1032 AS FOLLOWS: PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 289 1997, ORDINANCE NO. 1032 AN ORDINANCE EXTENDING ORDINANCE NO. 1022 AN URGENCY INTERIM ORDINANCE TEMPORARILY PROHIBITING NEW MULTI - FAMILY RESIDENTIAL PROJECTS AT A DENSITY GREATER THAN TWELVE (12) DWELLING UNITS PER ACRE PENDING CONTEMPLATED GENERAL PLAN AND ZONING STUDIES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUSINESS ITEMS None. ALONGI9 KELLEY, BRINLEY, METZE, PAPE NONE NONE NONE ITEMS PULLED FROM THE CONSENT CALENDAR 1. Minutes: a. City Council Study Session for September 16, 1997. b. Regular City Council Meeting for September 23, 1997. C. Design Review Committee Minutes for September 11, 1997. d. Planning Commission Minutes for September 17, 1997. e. Design Review Committee Minutes for September 17, 1997. f. Planning Commission Meeting for October 1, 1997. g. Design Review Committee Meeting for October 1, 1997. Councilman Alongi stated that he was not present and he must abstain. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 -0 WITH ALONGI ABSTAINING TO APPROVE THE MINUTES OF THE STUDY SESSION FOR SEPTEMBER 16, 1997 AND THE REGULAR CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 23, 1997 (F:44.4) AND RECEIVE AN FILE THE FOLLOWING MINUTES (F:60.4 & 60.3): C. Design Review Committee Minutes for September 11, 1997. d. Planning Commission Minutes for September 17, 1997. e. Design Review Committee Minutes for September 17, 1997. f. Planning Commission Meeting for October 1, 1997. g. Design Review Committee Meeting for October 1, 1997. PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 28, 1997 also1 11.1.•.1 � -/. � El._ t1 Mayor Pape stated that City Treasurer Knapp has requested to address this item. City Treasurer Knapp made note of the total of the investments and questioned the difference between the Investment Reports and the Warrant List as well as the difference from last months report to this one. Administrative Services Director Boone explained the debt flow and the encumbrances on the funds that are found in the Investment Report. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE INVESTMENT REPORT FOR AUGUST 31, 1997. Councilman Metze stated that he pulled this item to bring attention to the stop sign that is being installed at Terra Cotta Road and Broadway. Mayor Pape gave an overview of the future stop signs that are being considered and will be brought before Council in the near future. MOVED BY METZE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 97-64 AS FOLLOWS: RESOLUTION NO. 97-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AUTHORIZING DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. THE CITY COUNCIL RECESSED TO THE REDEVELOPMENT AGENCY MEETING AT 7:23 P.M. THE CITY COUNCIL RECONVENED AT 7:43 P.M. PUBLIC COMMENTS - NON- AGENDIZED ITEMS Mayor Pape stated that Mr. Strange a government teacher at Temescal High School has assigned a project for his students and part of that project is to attend this Council Meeting to announce their findings to the City Council and public. The following students from Temescal High School addressed Council: U PAGE EIGHT -CITY COUNCIL MINUTES - .00TOBER 28, 1997 Matt Sanders addressed the race track and stated that his findings were positive regarding the race track. David Hanson and Chris Holly addressed the Measures and stated that the poll that they took of 100 people resulted in a positive attitude with the exception of the Business License Measure which was felt to be unnecessary and that to promote business it should be placed back to the former amount. Robert Woller addressed the Recall and stated that their survey of 100 students revealed that they felt that the recall was not necessary and negative to the City. Arron Horton & Mike Bechtol addressed the expansion of the Outlet Center and noted that they had very positive findings. Abraham Medina addressed the City Council race and noted that out of 100 students polled, 73% were in favor of Metze and Pape. Kelley Higehnire and Tim Stawney addressed the Lake Chevrolet project and stated that in her poll she discovered that the majority felt that this project would produce revenue for the City and would promote a better economy. Allyssa Shelton stated that her group addressed Measure QQ, and found through their poll that the majority of people polled were not in favor of the business tax and wished to have it rolled back to the previous amount. Donna Manea noted that her group addressed the race track and found that the majority of the people polled were in favor of the project and felt that it would benefit the City through tourism and with our economy. Hans Spitz stated that he conducted a poll and found that although only 50% of the students used the Outlet Center, the majority of the students were in favor of the project and noted that they felt that there would be more participation with entertainment facilities as planned. Paul Scholder stated that his group addressed Measure RR and found that out of 100 students polled, 100% were in favor of the Measure and did not want to see the parks closed. Maria Flores noted that her group addressed Measure QQ and the majority of the persons polled were not in favor of taxation on business through a business license and felt that it should be reduced. Andrea Vance addressed the Recall and stated that in her poll of 100 students, that a portion of the students did not understand what a recall was and the rest did not feel that it was necessary. PAGE NINE - CITY COUNCIL MINUTES OCTOBER 28, 1997 Michelle McClary/J L Tabscott addressed the City Council Race and noted that through the poll they found the issues were the major point of interest in regard to the candidates and this was what would be voted on. Nick Tuttle & Jason Summerton addressed Measure SS and stated that the majority of the persons polled were in favor of public services and felt that this measure was important. Carios Vargas & Gilbert Hernandez addressed the School Board race and stated that the results of the survey showed that although the majority of the people polled felt that there was room for improvement, however they were satisfied with the incumbents and felt that they were trying to do a good job. Melory Strunk addressed the Public Library and noted that the majority of students polled did not use the Lake Elsinore Public Library, however they stated that they would if the resources were available and the hours were extended. Candice Cooke addressed the School Board Race and of the 100 students polled, 60% were in favor of the existing Board. Monique Chairboonet addressed Measure TT and stated that the majority of the people polled were in favor of this Measure. Karina Ruiz stated that her group addressed Measure TT and stated that a portion were in favor of this measure and the majority polled did not know anything about it, however she suggested that there be more mail -outs to inform the public of this measure. THE CITY COUNCIL MEETING WAS RECESSED AT 8:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:50 P.M. ►l1 WIDI"TIKIXI ►l Mayor Pape call upon the following persons who made a request to speak: Robert Schiffner, 33450 Walham Place, commended all the young people who spoke tonight and noted that they are the future of the City and people we can be proud of. Mary Venerable, 29400 3rd Street, asked the community to get out and vote on November 4, support Mayor Pape and Councilman Metze and support the Measures. She criticize people who are negative and noted the cost of the recall. She again urged the voters to vote yes on the Measures and thanked the newspapers for their support. PAGE TEN CITY COUNCIL MINUTES - OCTOBER 28, 1997 Harold L. Adams, 726 Mill Street, Tri Lakes Thunder Football thanked the Lake Elsinore School District for their support of the youth in allowing the children to take part in football this year. He stated his support of Measure RR. Dick Knapp, City Treasurer, questioned the Closed Session topic. He stated that he does not want to see the Stadium given away and noted that TMC is backing the incumbents and stated that he felt that it was just a shell game. Linda Nanetti, 16293 Cimarron Rd., thanked the City Council for their efforts and noted that our economic problems must be approached in a realistic manner and not the problem of Peter borrowing from Paul that has been utilized in recent years. She encouraged the Council to proceed carefully and not to give our Stadium away to TMC. She stated that she wishes to see the Council save the City and its youth sports. Chris Hyland, 15191 Wavecrest Drive, commented on the remaining time to election and pointed to the actions of Council in the past few years and the state that they have brought the City to. She chriticize the Council for allowing the comments from the Students and encouraged people to vote on November 4, and asked that they vote for her. Dale Hite, 115 N. Kellogg Street, encouraged people to vote on November 4, and stated that he prays that they make the right decision. He commented on the closed parks and stated that he does not want to see the City given away to TMC. He encouraged Volunteer Firefighters for the West End Fire Station. Nita Van Heest, 33146 Shoreline Drive, made note of Mayor Pape and Councilman Metze past history and her opposition to their actions. She stated her opposition to TMC and presented a list of reasons why the City Council should not award a Stadium contract to them. Mariana Mohylyn, 305 W. Sumner, addressed the election on November 4, and questioned the candidates motives. She chriticize the control of freedom of speech by limiting comments to three minutes and feels that Council does not address the needs of the people. James Gray, 15159 Mimosa Drive, noted that taxes are the main issue of this election and feels that public safety is a priority. He made note of the other Measures and questioned the increased amount asked for over the operations level required. He stated that the solution is not taxes, but rather controlled spending. He asked that the public vote no on QQ, SS, and TT and yes on RR. He encouraged the voters to unseat the two incumbents. Don Foster, 29256 Northpointe, stated that he and his wife have been traveling and noted that it is the same in all the small towns they visited. He PAGE ELEVEN.- CITY COUNCIL MINUTES - OCTOBER 28, 1997 explained that Lake Elsinore is not unique and that the people will have to work together with Council to insure the quality of life that we want. He encouraged support for Councilman Metze and Mayor Pape. Patti LaCroix, 5 Bella Donaci, presented comments from Donna Fransen who could not attend the meeting. She asked how the candidates running against the incumbents would solve the City s problems if they were elected. She noted that they have promoted more cuts in the budget and asked how they would provide services if there were anymore cuts. She noted that they have been misinforming the public and the information that they are providing is not correct. She stated that the City is environmentally attractive and has a lot to offer she asked that the voters not allow our City to deteriorate and to Vote yes on all of the Measures. Mr. Jack McColley, 29072 Palm View, stated that there are three issues before the voters on November 4, which are: The School Board Election; Measures for Services for the City; and City Council Candidates. He stressed the reasons why the incumbents from both the School Board and the City Council should be re- elected. He made note of the importance of passing the Measures and what impact they will have on the City and it s service level Which affect our quality of life. Joyce Hohenadl, 27 Corte Palazz, addressed the efforts of the Task Force and explained their efforts to resolve the amount of money that the City will need to continue services and the cost that will impact the public. She stressed that these Measures would be in effect for only six years. She encouraged the voters to vote yes on the Measures on November 4. Daniel Uhlry, 150 East Lakeshore Drive #80, noted that the race track and East Lake are concepts only and are not firm projects. He disputes the fact that a candidate is using concepts and a project that he originally voted against to promote his candidacy. He addressed the fire station for the West End and noted that Volunteer Firefighters have been the backbone of firefighting in this community, however now we have trained firefighters and even the volunteers are paid and trained firefighters who could not even fight a fire without that training. He noted that the old concept of volunteers is a thing of the past. He addressed response times and the needs of the community. Chris McColley, 29072 Palm View, addressed leadership qualities and stated that Councilman Metze and Mayor Pape have those qualities. She made note of the accomplishments that they have made while in office and encouraged the voters to support Councilman Metze and Mayor Pape and vote for them on November 4. Bruce Atherton, 29228 Northpointe, President of Lake Elsinore Girls Softball, encouraged support of Measure RR and the importance of this Measure for the youth of the community. He noted the loss of funds due to Proposition 218 and again asked that the voters support Measure RR. PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 28, 1997 Bruce Holland, 1166 Lake Vista Dr., commended the High School Students for their efforts on their projects and stated that he supports the youth groups and Measure RR. He criticize Chris Hyland and asked what good she would do for the community and especially the youth. He encouraged the voters to vote yes on Measure RR. David Scholder, 16867 Ulmer, stated his support of youth sports and Measure RR and SS. He stated that he was not in favor nor did he support the current Council, however he does encourage voters to vote yes on RR and SS. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1. Announced that there will be a Meeting November 6, at the Lake Elsinore Cultural Center, regarding the Community Development Block Grant Funds and Public Services Director Sapp will be coordinating the program. He explained that at this meeting questions can be asked, applications acquired and any information needed will be available. He noted that the application dead line is November 26, 1997. 2. Stated that the Mayor and City Council had a brief Press Conference a while ago and announced how much money had been donated through the park fund raising program and with Council action and the matching funds that were put together it came to a total of $45,200 which has been put into the park fund. He thanked the community for all their efforts. 3. Thanked Pete Dawson for his work for the Lake. He noted that the California Lake Management Society had a conference in Temecula, and our Lake Maintenance Operations Lead Person Pat Killroy gave a presentation regarding Lake Management along with Mark Dennis from Elsinore Valley Municipal Water District. He noted that following the conference, Mr. Dawson gave a tour of the Lake to the participants and they went away with a totally different view of Lake Elsinore. He fiuther noted that through the efforts of Pete Dawson, Pat Killroy and Mark Dennis the image of the Lake has improved and pointed out that the professionals throughout the State now understand what the City, Water District and local citizens are doing to address our problems. Again he thanked those three people for all their efforts. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1. Clarified that each of the ballot measures specify a dollar amount per unit to be charged and then the division or allocation of the taxes PAGE THIRTEEN- CITY COUNCIL MINUTES - OCTOBER 28, 1997 collected to the particular uses are set by percentage. She noted that under Proposition 218 those funds must be committed for those purposes to the extent that the City or the ballot measure identifies a particular use of the funds. She stated that the City Council can t reallocate those funds unless there is a two- thirds vote for reallocation. She further stated that it is a fixed formula. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1. Noted the amount of taxes on his property bill and stated that because of the parks being taken off one of his bills it went down from $92 To $70 and if the Park Measure passes and we add $69 to the $70 then it would be a 50% increase to his taxes. He stated that he is interested in parks and nothing else. He stated that BB did not pass because there was too much added on with parks. 2. Stated that Mr. Bruce Holland misquoted Mrs. Hyland and Mr. Knapp. He noted that they were active with youth in the past however Mrs. Hyland is 67 years old and is no longer active. He stated that he is not active with the youth because all of his children are grown and gone and it is now it is the younger parents turn to carry the ball. 3. Noted that Mayor Pape and Councilman Metze did vote against USA Properties which has nothing to do with Paradise Chevrolet. 4. Stated that there are more County people involved in the tax issues than people in the City and addressed Mary Venerable and stated that she choose to live in the County and not in the City. He stated that he choose to live in the City and she can sell her property in the City anytime she wants and still live in the County and does not face the tax increases. He stated that he does because he choose to live here. 5. Noted that Mr. Washburn was addressed as a Councilman and he is not. 6. He stated that Thursday night his program will be back on and he will address the articles in the Californian regarding the debt service. 7. Stated that he felt that it was good to see the students here tonight, since it is good to see the youth take part in their local government. He noted that they should, since the voting age is 18 and they should be getting involved in their own government. COUNCILMAN ALONGI LEFT THE MEETING AT 9:38 P.M. PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 28; 1997 Councilwoman Brinley commented on the following: 1. Thanked the students for their presentations. She commended the parents for the good job they are doing with their children. She noted that the young people presented themselves in an orderly and professional manner. She agreed with Mr. Schiffner that they are people to be proud of She noted that she sees this during Students in Government Day as well. 2. Noted the Good old days in 1980, and pointed out that there was no lighting on any of the fields with the exception of Swick - Mattich Park, which did not have the best of lighting. She stated that at that time people in Wildomar donated their property for fields so the children could play because the City did not have many fields. She commented that it was because of parks that she worked so hard for improvements in that area when she was appointed to Planning Commission. She stated that there is not one Councilperson that did not feel bad about seeing the parks closed. She stated that because of what has happened with the economy and the condition with the State we will all have to pay for the parks. 3. Noted that Mary Venerable does own property in the City besides a business. She stated that Mrs. Venerable pays not only her sales tax and her property tax, she also supports her community and feels that she is a good citizen in the community. 4. Thanked all the people who worked on the Task Force supporting Measures RR, SS, & TT. She noted that they have put in a lot of hours working to get the message out to the general public. She again thanked them for their time and commitment. 5. Encouraged people to vote on November 4. She stated that it is important to see the right people in office. She stated that she is sure that people want to see the community grow with quality and provide a better place for our children to grow up. She stated that the issues that we are faced with are very serious. She thanked everyone who offered their support. 6. Mentioned the Grand Prix and encouraged everyone to attend. 7. Noted that the public can make slap shots about Council without legal retribution, however the public must be careful of criticizing private entities because they can take legal action. She noted that TMC is a good organization and they are very professional. She noted that the City should not wait until the contract expires before they negotiate and the public would not think that Council was doing their job if they waited. She asked the City Attorney to address TMC. PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 28, 1997 City Attorney Leibold stated that both the City and TMC recognize the complexities of the projects and the City is in negotiations and they are proceeding in a positive fashion. She noted that her instruction and the Teams instruction from the Council has been to proceed with a deliberate and thoughtful fashion and not to rush into a transaction which involves a give -away, but to negotiation a transaction or transactions that protect the City s interests and insure that the developer entity is one with the financial where -with all to complete the project and the development expertise to complete the project and operate the stadium as well. She stated that with respect to TMC specifically, she noted that they have been cooperative in meeting the City s disclosure requests with respect to looking into their finances and organizational structure that they have assembled a very professional team of negotiators and consultants. She further noted that they do recognize the complexities of the permitting requirements on the Liberty Project. City Attorney Leibold commended TMC and encouraged the public to trust the City Council to make the right decision. 8. Commented that TMC has shared with Council some of the things that are in store for Eastlake. She noted that it includes a man-made lake, retail commercial, and high end homes. She stated that this means there will be a community that will be good for Lake Elsinore and will stand above all others. She gave an overview of her meeting with TMC and admonished the public for their comments. 9. Noted the comments that are being made about Volunteers for the Fire Department. She noted that Volunteers have a place in fire fighting and do a great job, however the Chief recommended that a Station not be all volunteers and it is necessary for the Council to follow the Chief s recommendations. Mayor Pro Tem Kelley commented on the following: 1. Noted that Halloween is on Friday night and it is The 4th Annual Safe Candy Night from 6:00 p.m. to 8:00 p.m. in Downtown Lake Elsinore. She stated that there will be a costume contest at 8:15 p.m. in front of City Hall and a bicycle will be the prize for the best costume. She invited all the children to come to the Downtown Area to Trick -Or- Treat. 2. Noted that on Saturday, November 1, 1997, is the Put the Unity Back Into the Community parade. She stated that it is sponsored by the CAP Conference and CAP Committee. She further noted that it starts at 9:00 a.m. and will last until 11:00 a.m. with 40 entries and will end at Elsinore Middle School with activites planned at the Middle School. i PAGE SIXTEEN - CITY COUNCIL MINUTES - OCTOBER 28, 1997 3. Announced that the Vision and Views for November will be special. She noted that the Airport was spotlighted and she and Councilwoman Brinley will be doing a parachute jump. 4. Announced that the Lake Elsinore Classic will be here the weekend of November 8th and 9th. She encouraged everyone to attend and reminded everyone of the Three Dog Night Concert at the Stadium. 5. Commended Mr. Strange, the Government Teacher from Temescal Canyon High School for his government project. She noted that when she spoke to Mr. Strange, he stated that it was his goal to educate the students about the community and the issues in the community. She gave an overview of the requirements of the projects and stated that there was no involvement from the Council outside of the interviews. She noted that what the public heard was the students opinions and views and no one elses. 6. Reminded the citizens of Lake Elsinore to turn out at the polls to vote. She stated that she hopes that the public passes the Measures since they are needed. She stated that she would like to see consistency and stability on Council as well as a positive direction. Councilman Metze commented on the following: 1. Announced that the Dolphin Football Team is playing a game for our parks on November 1, 1997. He noted that they have their Southern Division Play Offs on November 10, 1997. He encouraged everyone to attend. 2. Noted the State Take Away and stated that he had a copy of Assemblywoman Thompson s speech and pointed out in her paper that she recognized that the State is using the local property tax to support larger State Government. He stated that there are some State Government Officials who are working for the cities. He noted that our budget is actually down $2 million dollars plus Proposition 218. He stated that the State is not going to stop taking money from the cities until we make them. Mayor Pape commented on the following: 1. Announced that the City has received a news release from Cal -Trans regarding Highway 74 (Ortega Highway) and stated that they will begin their tree trimming and will be working from 8:00 a.m. to 3:00 p.m. Monday through Friday for the next two weeks. 2. Announced that there is a Sales Tax audit going on in the City and the firm retained gives the City a quarterly report and he was happy to announce that the sales tax revenue was up 7.6 %. He noted that sales tax is the City s largest revenue source and he want to be sure that it continues to grow. PAGE SEVENTEEN - CITY COUNCIL MINUTES OCTOBER 28, 1997 3. Thanked the public and the businesses who made donations for the Park Maintenance. He noted that as of the 22nd of this Month, the City had received just over $22,500 toward Park Maintenance. He further noted that we still have the football game for parks that will apply toward the Park Maintenance. He stated that it was very reassuring to see people willing to chip in and help out. 4. Commented that he had attended the 3rd Annual Crime Summit and District Attorney Grover Trask was the Key Note Speaker. He stated that some very good ideas were presented and he wishes to implement some of the new ideas for the City. 5. Noted that he attended the State of the District for the Lake Elsinore School District presented by Dr. Long and commented that they are really doing some very exciting things. 6. Noted that staff is currently trying to put together a public slalom course on the Lake and it is hoped that this will be up and going soon. 7. Commented on his attendance of the Lake Elsinore Historical Society Fashion Show and stated that he had a good time and that it was very interesting. 8. Reminded the public that the CAP Parade is coming up this Saturday, November 1, and encouraged everyone to attend. 9. Announced that the open air market in the Diamond Stadium parking lot will be going forward in March. 10. Noted the INT National competition had 125 participants from all over the western Untied States and he was told that the Lakeview Inn and the Casino were filled to capacity. 11. Reminded the public that the 8th and 9th of November is the Lake Elsinore Classic and gave an overview of the activities. He encouraged everyone to attend. 12. Told a parable of the Bird , and stated that the future of Lake Elsinore is in the Voters hands on November 4. COUNCIL RECESSED TO CLOSED SESSION AT 10:18 P.M. TO CONSIDER THE FOLLOWING ITEMS: a. Conference with Real Property Negotiator - Lake Elsinore Diamond Stadium - City/TMC /Storm - Discussion of Terms of Proposed Transfer including without limitation Price and Terms of Payment. PAGE EIGHTEEN - CITY COUNCIL MINUTES - OCTOBER 289 1997 b. Conference with Real Property Negotiator - 80.43 Acres - AP #365- 020 -026, 365- 020 -021, 365- 007 -026, 365- 020 -027 and portions of r 370- 020 -002 - TMC/LEA Settlement Agreement - discussion of terms of the agreement including without limitation Price and Terms of Payment. C. Anticipated Litigation - One Case. COUNCIL RECONVENED WITH THE FOLLOWING ACTION TAKEN AT 10:59 P.M. a. No action. b. Directed staff to continue negotiations. C. Directed staff to request potential settlement negotiation. MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:01 P.M. Respectfully submitted, ATTEST: CITY CLERK W. PATE. MAYOR MINUTES SPECIAL CITY COUNCHJUSER GROUP MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA MONDAY, NOVEMBER 17, 1997 �VjKliffIXITMOTDC11 _ The Special City Council/User Group Meeting was called to order by Mayor Pape at 7:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, Community Services Director Sapp and City Clerk Kasad. DISCUSSION User Group Discussion of Parks. (F:114.1) Mayor Pape noted that the outcome of this discussion will be dependent upon a new revenue source or reduction in expenses. He noted the potential that someone else would be taking over the expenses of the Diamond. He stressed that the intent of this meeting was to provide information and get input from the User Group on how to work with the resources available. City Manager Watenpaugh reiterated that any discussion is dependent upon coming up with a revenue stream. He noted that the public does not want to pay for parks, but the City is negotiating with TMC which could provide a way to cover the costs. He suggested that there will be discussion of taking half of the dollars saved on operating the Stadium or about $250,000 for a base line of maintenance on the parks. He explained that this would include daily water, etc. and noted the schedule of maintenance; he stressed that a basic level is less than the current level. He indicated that he feels the fences have to come down even with minimal maintenance. He stressed the need to find options, because the City does not have the money. He commented that there is a need for costs to be paid by the user groups or sponsors. He noted the cost of overseeding and detailed the field maintenance costs. A member of the audience questioned the services which would be available. City Manager Watenpaugh indicated that the City is open to input. He clariled the liability potential, but indicated that staff will work with the User Groups to meet the standards. Mrs. Stafford suggested that it is critical to find ways to charge less. City Manager Watenpaugh stressed that this meeting is an effort to work with the user groups. He noted that staff is open to trade -offs and stressed that the City doesn't have the money and this is a new ballgame. He stressed that staff does not have all the answers. He noted the interest in talking to the Boards and User Groups, as the parks are beneficial for all. He stressed that the City is trying to accommodate the User Groups. Mayor Pape noted that it is important to add additional days of watering for the parks. PAGE TWO - SPECIAL COUNCIL GROUP MEETING - NOVEMBER 179 1997 A member of the audience noted that the parkways are being watered the day after it rains, and suggested efforts to conserve water now. City Manager Watenpaugh noted that the water on the parks has been off for two weeks. He Rather noted that Terra Cotta is being watered by the School District and will continue to do so at their own expense. He clarified that the parkways are still funded, but Prop. 218 precluded the funding for the parks. He stressed that staff will try to accommodate the groups within the budgetary constraints. A member of the audience noted the light bulb deposit and questioned if the bulbs will be replaced before the User Groups start fimding maintenance costs. Mr. Watenpaugh indicated that they would not be replaced. The member of the audience stressed his concern for paying for something which is already not working. Mayor Pape questioned the number of bulbs which are burned out. Community Services Director Sapp indicated that there are 26 burned out bulbs at Terra Cotta. Mr. Watenpaugh indicated that the bulb costs would be based on which field was being used. Chris Hyland questioned the ability to turn the lights on and off. Mr. Watenpaugh clarified the costs to replace the switches vs. the cost to replace the light bulbs. Mrs. Hyland questioned the bid process on this work. Mr. Watenpaugh stressed the efforts to cut costs. Bruce Atherton questioned when there was a time to have a User Group and get away from the Council Meeting format. He indicated that he was not present to listen to this discussion. Mayor Pape noted the bulbs out at the parks other than Terra Cotta. Mr. Sapp indicated that presently Terra Cotta is the worst. Mayor Pape indicated that it is a good point that the program should start with all of the lights working. A member of the audience questioned what Council was looking for from the User Groups; and the type of input requested. Mayor Pape indicated that the objective of this meeting is to gain input and start planning for next season. He indicated that the next meeting will be between the User Group Boards and City Staff. He noted interest in the cost of the water, ownership of the fields and buy -ins. Mayor Pro Tem Kelley noted the need to think about groups wanting to build snack bars and suggested the potential for trade -offs. Mr. Sapp noted that there is no plan to turn the water on until March, which will provide some savings of money; but stressed the need for a new money source. A member of the audience inquired if the City was open to the idea of being site specific for bargaining purposes; noting that the needs are different. Mr. Watenpaugh concurred but stressed that the costs are going to different as well. He stressed that the groups will need to look at a way to maintain the facilities. He further stressed the interest in listening and making it work for all, and noted the City°s willingness to negotiate. Joe Arriello noted the "pennies for the parks: effort and questioned the dollars available to address the lights to make them operational. Mr. Watenpaugh noted that there will be a report at the Meeting of November 25th and there will be a number on the funds available. PAGE THREE - SPECIAL COUNCIL MEETING - NOVEMBER 17, 1997 Mrs. Hyland noted a report on October 30, 1997 and indicated that there was $3.5 million available. She noted that she was impressed with the comments by Senator Haynes at a recent meeting and indicated that with the elimination of about three positions the fences could be taken down; and detailed the salaries of those positions. A member of the audience stressed the importance of keeping an open mind to discuss the options. He stressed that everyone was present for the same reason,which is the City's children. Another member of the audience suggested discussion of the required items so the groups can review their budgets. City Manager Watenpaugh indicated that if it is a rainy or wet season, and minimal maintenance there will be some type of overseeding required. He indicated that the key interest of this meeting was to see what the groups are willing or able to do. He stressed the effort to change the way things are done; and noted that two thirds of the residents said they don't want to pay for parks. He further stressed that the City is trying to supply a baseline for maintenance. A member of the audience noted the prior discussion of $250,000 and questioned what portion of the parks would be funded with that. Mr. Watenpaugh indicated that this is looking at general dollars and that will be broken down into specific numbers. A member of the audience questioned Swick & Matich park and how much of the costs would be looked for from the users. Mr. Watenpaugh indicated that the intent would be a cost for the baseline maintenance. A member of the audience questioned the inclusion of lights in the costs presented. Mr. Watenpaugh clarified the cost information. Mayor Pape questioned if the preference would be for a flat fee rather than "a -la- carte ". A member of the audience noted the unpredictability of the lighting costs and suggested that users fees be set to cover everyone. Mr. Watenpaugh expressed a willingness to discuss those options. Edith Stafford indicated that everyone has a right to use the parks, not just the Little Leagues. She indicated that they should be concerned about the overall cost of the parks. She stressed that the City is saying they don't have the money but there is money. She stressed that the balance in reserves is going up, and the City is not fooling her. She suggested that the Council use the reserves to address the parks and take the fences down. A member of the audience questioned the time frame to get something going. Mr. Watenpaugh indicated that staff is working toward an agreement with TMC for the December 9th Council meeting, but there are no guarantees at this time. He clarified that there is presently $1.8 million in the reserves, as the balance of the funds are committed. Councilman Alongi questioned the costs for each park. Mr. Watenpaugh noted that water will be 401/o of the costs and dollars need to be attached to the maintenance factor for each park. Councilman Alongi stressed with a breakdown of costs it would be possible to plan for a specific number of games, which would be easier. PAGE FOUR - SPECIAL. COUNCIL MEETING - NOVEMBER 17, 1997 Mayor Pro Tem Kelley questioned implementation of a User Fee. Mr. Arreola suggested a User fee or different levels of maintenance. Mr. Watenpaugh indicated that staff needs schedules, but nothing can happen tomorrow. He further indicated that staff can do the calculations, but there is a lot of staff time involved. Mr. Atherton, representing Girls Softball, noted comments about designated fields for each user group. He noted that the only conflicts would be with Little League at Tuscany Hills and Lakepoint. Community Services Manager Edelbrock noted the calculations for last year. Mr. Atherton noted that they use McVicker for practice two nights a week last year. Mr. Watenpaugh questioned the time frame to do the calculations based on last year's percentages, and whether it could be done within about 10 days. Ms. Edelbrock indicated it could be done in a week or so. Mr. Watenpaugh suggested this was a way to address the issue and look at the lighting costs, but further investigation would be needed. Mr. Atherton indicated that they are still very interested in putting in a snack bar at Tuscany Hills, but they would want some consideration for their effort. Mr. Watenpaugh indicated that the City would be open to that because working together will be necessary to make it work. A member of the audience questioned the variation between Terra Cotta and a smaller park. He requested consideration of the ability to pay cost monthly rather than on a three month basis. Councilman Alongi suggested also considering if a fee is needed on applications to use the parks. He stressed the need for an application process. Mr. Atherton stressed that this is for Elsinore kids. City Manager Watenpaugh concurred, but stressed the importance of determining the baseline of service with the User Groups paying for any upgrades. There was general discussion of the baseline service levels, potential for funding of up to $250,000 toward parks and use of school facilities. A member of the audience encouraged the removal of the fences, noting that they are having an impact on the overall registration for youth sports, which in turn reduces their available funds. Mayor Pape noted that the mowing requirement may be reduced with the reduction in water usage. Mr. Sapp clarified that it is somewhat different in that it involves Rye grass. Mr. Watenpaugh indicated that he would address the issue with staff further to determine the costs to make it work. Councilman Alongi stressed the maintenance costs and noted that while an agreement is being discussed with TMC, that agreement has not been reached. Mayor Pape stressed the efforts to obtain a good deal on the Stadium for the City. Mayor Pro Tem Kelley stressed that one reason negotiations are underway is to solve the park problem. She commented on the impact of Proposition 218 and expressed her interest PAGE FIVE - SPECIAL COUNCIL MEETING - NOVEMBER 17, 1997 in getting the youth groups back on the fields to play. She stressed the need for assistance from the youth groups to make it work. Mr. Atherton questioned the belief with regard to basic fees for City residents and County residents. Mr. Watenpaugh indicated that there is discussion with regard to non - resident fees. He indicated that he would like to proceed based on last year's percentages to look at the dollar costs for the individual facilities. Mr. Metze suggested that further work be done directly with staff. Mr. Watenpaugh noted that he would share the findings and information with the User Groups. Mayor Pape expressed appreciation for the participation by the User Groups in this meeting. THE SPECIAL CITY COUNCHJUSER GROUP MEETING WAS ADJOURNED AT 8:20 P.M. ATTEST: 9 SAD, CITY CLERK CITY OF LAKE ELSINORE l VIN W. P ,MAYOR CITY OF LAKE ELSINORE U I MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA MONDAY, NOVEMBER 24, 1997 NEW 11111 The Special City Council Meeting was called to order by Mayor Pape at 6:10 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Administrative Services Director Boone, Community Services Director Sapp, Assistant to the City Manager Best, Police Chief Walsh, Fire Chief Seabert, Deputy City Clerk Bryning and City Clerk Kasad. 1. Certification of Election Results - Resolution No. 97 -66. (Fs 72. ) ) MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 97-66 RESOLUTION NO. 97-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON THE 4TH DAY OF NOVEMBER, 1997, DECLARING THE RESULTS THEREOF AND OTHER MATTERS AS ARE PROVIDED BY LAW. 2. Oath of Office - Reelected Officers. (p L4 LA, City Clerk Kasad issued Oaths of Office and presented Certificates of Election to Reelected Councilmembers Kevin Pape and Daniel Metze. 3. Selection Of Mayor. (r_ y y • a) City Clerk Kasad assumed the Chair and opened nominations for the position of Mayor. PAGE TWO - SPECIAL CITY COUNCIL MEETING - NOVEMBER 249 1997 MOVED BY ALONGI, SECON COUNCILWOMAN KELLEY. MOVED BY BRINLEY, COUNCILMAN PAPE. BY KELLEY TO NOMINATE BY METZE TO NOMINATE City Clerk Kasad called for any further nominations, hearing none she entertained a motion to close the nominations for the position of Mayor. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR THE POSITION OF MAYOR, THE CITY CLERK CALLED FOR A ROLL CALL VOTE WITH RESULTS AS FOLLOWS: COUNCILMAN ALONGI VOTED FOR COUNCILWOMAN KELLEY. COUNCILWOMAN BRINLEY VOTED FOR COUNCILMAN PAPE. COUNCILWOMAN KELLEY VOTED FOR COUNCILWOMAN KELLEY. COUNCILMAN METZE VOTED FOR COUNCILMAN PAPE. COUNCILMAN PAPE VOTED FOR COUNCILMAN PAPE. COUNCILMAN PAPE THEN ACCEPTED THE POSITION OF MAYOR AND ASSUMED THE CHAIR. 4. Selection of Mayor Pro Tem. (F, 4Ll- I) Mayor Pape opened nominations for the position of Mayor Pro Tem. MOVED BY ALONGI, SECONDED BY BRINLEY TO NOMINATE COUNCILWOMAN KELLEY. MOVED BY METZE, SECONDED BY BRINLEY TO CLOSE THE NOMINATIONS FOR MAYOR PRO TEM. MAYOR PAPE CALLED FOR A ROLL CALL VOTE WITH RESULTS AS FOLLOWS: MAYOR PAPE VOTED FOR COUNCILWOMAN KELLEY. COUNCILMAN ALONG1 VOTED FOR COUNCILWOMAN KELLEY. COUNCILWOMAN BRINLEY VOTED FOR COUNCILWOMAN KELLEY. COUNCILWOMAN KELLEY VOTED FOR COUNCILWOMAN KELLEY. COUNCILMAN METZE VOTED FOR COUNCILMAN METZE. MAYOR PAPE DECLARED COUNCILWOMAN KELLEY, MAYOR PRO TEM. 5. Selection of Redevelopment Agency Chairman & Vice Chairman. Mayor Pape opened nominations for the position of Chairman of the Redevelopment Agency. PAGE THREE - SPECIAL CITY COUNCIL MEETING - NOVEMBER 24, 1997 MOVED BY PAPE, SECONDED BY METZE TO NOMINATE COUNCILWOMAN BRINLEY. MOVED BY BRINLEY, SECONDED BY METZE TO CLOSE THE NOMINATIONS FOR CHAIRMAN OF THE REDEVELOPMENT AGENCY. MAYOR PAPE CALLED FOR A ROLL CALL VOTE WITH RESULTS AS FOLLOWS: COUNCILMAN ALONGI ABSTAINED FROM VOTE. COUNCILWOMAN BRINLEY VOTED FOR COUNCILWOMAN BRINLEY. COUNCILMAN METZE VOTED FOR COUNCILWOMAN BRINLEY. MAYOR PRO TEM KELLEY VOTED FOR COUNCILWOMAN BRINLEY. MAYOR PAPE VOTED FOR COUNCILWOMAN BRINLEY. MAYOR PAPE DECLARED COUNCILWOMAN BRINLEY, CHAIRWOMAN OF THE REDEVELOPMENT AGENCY. Mayor Pape opened nominations for the position of Vice - Chairman of the Redevelopment Agency. MOVED BY BRINLEY, SECONDED BY PAPE TO NOMINATE COUNCILMAN METZE. MOVED BY BRINLEY, SECONDED BY METZE TO CLOSE THE NOMINATIONS FOR VICE - CHAIRMAN OF THE REDEVELOPMENT AGENCY. MAYOR PAPE CALLED FOR A ROLL CALL VOTE WITH RESULTS AS FOLLOWS: COUNCILMAN ALONGI ABSTAINED FROM VOTE. COUNCILWOMAN BRINLEY VOTED FOR COUNCILMAN METZE. COUNCILMAN METZE VOTED FOR COUNCILMAN METZE. MAYOR PRO TEM KELLEY VOTED FOR COUNCILMAN METZE. MAYOR PAPE VOTED FOR COUNCILMAN METZE. MAYOR PAPE DECLARED COUNCILMAN METZE AS VICE CHAIRMAN OF THE REDEVELOPMENT AGENCY. 6. Selection of Public Finance Authority Chairman & Vice Chairman. Cr: a (- , \) Mayor Pape opened the nomination for the position of Chairman of the Public Finance Authority Chairman. MOVED BY METZE, SECONDED BY PAPE TO NOMINATE COUNCILWOMAN BRINLEY. MOVED BY KELLEY, SECONDED BY METZE TO CLOSE THE NOMINATIONS FOR CHAIRMAN OF THE PUBLIC FINANCE AUTHORITY. PAGE FOUR - SPECIAL CITY COUNCIL MEETING - NOVEMBER 249 1997 MAYOR PAPE CALLED FOR A ROLL CALL VOTE WITH RESULTS AS FOLLOWS: COUNCILMAN ALONGI ABSTAINED VOTE. COUNCILWOMAN BRINLEY VOTED FOR COUNCILWOMAN BRINLEY. COUNCILMAN METZE VOTED FOR COUNCILWOMAN BRINLEY. MAYOR PRO TEM KELLEY VOTED FOR COUNCILWOMAN BRINLEY. MAYOR PAPE VOTED FOR COUNCILWOMAN BRINLEY. MAYOR PAPE DECLARED COUNCILWOMAN BRINLEY, CHAIRWOMAN OF THE PUBLIC FINANCE AUTHORITY. Mayor Pape opened nominations for the position of Vice - Chairman of the Public Finance Authority. MOVED BY BRINLEY, SECONDED BY PAPE TO NOMINATE COUNCILMAN METZE. MOVED BY METZE, SECONDED BY BRINLEY TO CLOSE NOMINATIONS FOR VICE - CHAIRMAN OF THE PUBLIC FINANCE AUTHORITY. MAYOR PAPE CALLED FOR A ROLL CALL VOTE WITH RESULTS AS FOLLOWS: COUNCILMAN ALONGI ABSTAINED FROM VOTE. COUNCILWOMAN BRINLEY VOTED FOR COUNCILMAN METZE. COUNCILMAN METZE VOTED FOR COUNCILMAN METZE. MAYOR PRO TEM KELLEY VOTED FOR COUNCILMAN METZE. MAYOR PAPE VOTED FOR COUNCILMAN METZE. MAYOR PAPE DECLARED COUNCILMAN METZE AS VICE- CHAIRMAN OF THE PUBLIC FINANCE AUTHORITY. 11"I, i�I�MM MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 6:20 P.M. PAGE FIVE - SPECIAL CITY COWiCIL MEETING - NOVEMBER 24, 1997 Respectfully submitted, ATTEST: 2L. ) j VICKI KASAD, C11FY CLERK U I MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 25, 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:06 p.m. PLEDGE OF ALLEGLAN E The Pledge of Allegiance was led by Mayor Pro Tern Kelley. R!W The Invocation was provided by Pastor Frank Sandoval representing Lake Elsinore Vineyard Christian Fellowship. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI9 BRINLEY, KELLEY,PAPE ABSENT: COUNCILMEMBERS: METZE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Services Director Sapp, Police Chief Walsh, Assistant to the City Manager Best, City Engineer O'Donnell, Senior Planner Villa, Community Services Manager Edelbrock, and City Clerk Kasad. PRESENTATION A. Pres i- oi nLy. Goat Breker, GFI Racing, thanked the Council for the opportunity to hold the second annual even and noted the future potential of the event. He commented that it was a great turnout and a lot of fun for those in attendance. Mayor Pape questioned the estimated number of people in town. Mr. Breker indicated that he was not certain, but there was probably 60 to 70 thousand people over the course of the weekend. Mayor Pape noted that the hotels, the campground and the restaurants were all busy. He further noted a letter received from the Chairman of the City Council of Honolulu which advised of his enjoyment of the event and his hopes that they could hold a similar event. Mayor Pro Tern Kelley questioned the condition of the man who was injured during the event. Mr. Breker indicated that he went home from the hospital. Mrs. Kelley indicated that it was a wonderful event and the concert PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 259 1997 at the Diamond was wonderful. Mayor Pape concurred that it was an excellent concert. Mr. Breker estimated the concert attendance at 6,000 people. Postponed to December 9th Meeting. Jeannie Corral noted the success of the parade on November 1 st; and commented that there has been no parade in town for about 4 or 5 years. She advised that this parade had over 45 entries from the schools and other organizations; and over 2,000 young people participated. She further advised that this was the first parade to start on time. She noted a wrap -up meeting with about 45 people who have worked on the parade since the Cap Conference, and expressed thanks to the City Council, the City Manager, Teri Edelbrock, Brenda Seabert and the other City staff. She commented on a video which was shot by a 5th grade class, which is spectacular; and they will be selling copies as a fundraiser for the future parade. She detailed the proposed parade for 1998, with the continued theme of "Keep the Unity in Community She thanked everyone for their support. D. Presentation - Winterfest. (17:62.1) Teri Edelbrock, Community Services Manager, noted that she was present for the CAP parade and Mrs. Corral was the key to the success of the parade. She detailed the festivities planned for Winterfest and advised that there will be snow for the event. She reminded the Council and Community that there has not been snow for recent events due to finances, but this year Walmart approached the City and an informal committee worked to make the event happen without expense to the City. She listed the donations from Walmart, Venus, Rightway, State Farm Insurance, the Outlet Center, the Rotary Club and the Downtown Merchants. She advised that donations are still being accepted for this event and for next year's event. She further advised that the ceremony will begin at 5:30 p.m. and include the Tri-City Trolley. She indicated that the snow areas will be open until 9 p.m. or until the snow melts. She noted that there will also be a window decorating contest for the downtown merchants, with the winner receiving a free business license. She announced that the Tri-City Trolley begins service this Friday between Lake Elsinore and Temecula. She thanked the Outlet Center, Pepe's and others for their donations to the Trolley. She also noted the Holiday boat parade of lights on December 13th, which is being offered through donations from merchants. She detailed the viewing locations and advised that there are still openings for additional entries. She V PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 25, 1997 thanked the community for their support of the festive events for the residents. Requests were received to address the following items and deferred to those discussions: Item Nos. 5 and 33. The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5,6,7,8 and 9. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special City Council Meeting - October 23, 1997. b. Regular City Council Meeting - October 28, 1997. (F:44.4) The following Minutes were received and ordered filed: C. Planning Commission Meeting - October 15, 1997. - d. Planning Commission Meeting - November 5, 1997. (F:60.3) e. Design Review Committee Meeting - October 5, 1997. f Design Review Committee Meeting - November 5, 1997. (F:60.4) 2. Received and ordered filed the Investment Report for September 30, 1997. (F:12.5) 3 Ratified Warrant Lists for the following dates: a. October 30, 1997. b. November 13, 1997. (F:12.3) 4. Rejected and referred to City Attorney and Claims Administrator respectively, for handling the Claims Against the City submitted by Kanayan Construction (CL #97 -11, #2) and the Heirs of Frederick Malfabon (CL #97- 25a & b). (F:52.2) 10. Approved Public Hearing Date;of December 9, 1997, for-the following: U PAGE FOUR —CITY COUNCIL MINUTES - NOVEMBER 25, 1997 a. Zone Change 97 -1, Revision #1, Conditional Use Permit 97 -5, Revision #1 and Commercial Project 97 -4, Revision #1 - Argy Construction (George Smyrniotis) (F: 172.2)(X:67.2) BUSINESS ITEMS 31. Second Reading - Ordinance No. 1031 relating to Zone Change 97 -2 - Scott McDaniel. (F:172.2) City Manager Watenpaugh gave a brief overview of the proposed location and the plan for development. MOVED BY KELLEY, SECONDED BY PRINLEY TO ADOPT ORDINANCE NO. 1031 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE ZONING OF 18.11 GROSS ACRES ALONG FRANKLIN STREET FROM R -3 (HIGH DENSITY RESIDENTIAL ZONING) TO C -2 (GENERAL COMMERCIAL) - ZONE CHANGE 97 -2: SCOTT MCDANIEL. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1032 relating to TMQM13� Prohibition o New Multi-Famb Residential RWjects mater agr City Manager Watenpaugh noted that this is an extension of the multi- family ordinance to allow for additional review. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1032 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1032 AN ORDINANCE EXTENDING ORDINANCE NO 1022 AN PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER. 25, 1997 URGENCY INTERIM ORDINANCE TEMPORARILY PROHIBITING NEW MULTI - FAMILY RESIDENTIAL PROJECTS AT A DENSITY GREATER THAN TWELVE (12) DWELLING UNITS PER ACRE PENDING CONTEMPLATED GENERAL PLAN AND ZONING STUDIES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, PAPE NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE Extension of intersection of Cha= and Minthom Streets O&la Devel=mmto. (F: I 10. City Manager Watenpaugh highlighted this extension of time for two additional years; and noted comments he had received from Council suggesting a shorter period of time, such as one year due to a pending General Plan review. Councilwoman Brinley noted that she was concerned and suggested that this map only be extended for one year due to the planned review of the General Plan. She further suggested that one year should be plenty of time to allow for that review. MOVED BY BRINLEY, SECONDED BY PAPE TO GRANT A ONE YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP 27033 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS AS FOLLOW: Daniel Uhlry, 150 E. Lakeshore, Unit 80, commented that Councilwoman _ Brinley addressed some of the items he wanted to discuss. He concurred that this project has been in the works for six years already; and indicated that while he understands the problems of the developers, he would also recommend a one year extension of time for the developer to get going or get out of it. He stressed that six years is a long time to have a project pending. Mayor Pro Tem Kelley noted that there were some automatic extensions of time due to Senate Bill 428 and Assembly Bill 771. She concurred that a one year extension should be adequate. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 259 1997 Findings 1. Progress towards the development of this parcel map has occurred. 2. Conditions have been added by the Engineering Department to ensure the development will not impact public health, safety and welfare. 3. The project as proposed and conditions, is consistent with the Goals, Policies, and Objectives of the Lake Elsinore General Plan. Conditions of Approval for Tentative Parcel Map 27033 Planning Division 1. Tentative Parcel Map will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. Signage for this subdivision shall require City Permits. 5. The City's Noise Ordinance must be met during all site preparation activity. 6. Applicant shall bond for all public improvements and grading for subject- development as required by the City Engineer and Chief Building Official. Bonding shall be done by final map for all improvements and grading. 7. Pay all applicable fees in force at time of issuance of building permits. 8. Prior to final approval of Parcel Map 27033 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 9. Building permits shall not be issu °d m :il proof of payment of school mitigation fee is presented to City Et -!Eng Division. 10. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. PAGE SEVEN,- CITY COUNCIL MINUTES - NOVEMBER 25, 1997 11. Comply with all conditions of the Riverside County Fire Department. 12. Applicant must meet all requirements of Elsinore Valley Municipal Water District (E.V.M.W.D.). 13. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the E. V.M. W.D. 14. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. Meet all other requirements of Southern California Edison. 15. Meet all requirements of Southern California Gas Company. 16. Meet all requirements of General Telephone. 17. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 18. Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval of the Community Development Director. 19. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Parcel Map. 20. A decorative block or masonry wall and/or alternative use of landscaping subject to the discretion of the Design Review Board, shall be constructed around the perimeter of the subdivision. Precise design, materials and location to be determined through Minor Design Review process. 21. All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the. first parcel, in accordance with Section 17.82 of the Municipal Code prior to building permit approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 22. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 23. Conceptual and Final Landscape and Irrigation Plans for all project slope U PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 25, 1997 - + areas and fire breaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of landscape requirements approval/acceptance, and bond 100% for material and labor for one year. 24. All applicable standards established within section 15.64 of the Municipal Code shall be applied as long as this site retains a Zone A classification according to the Flood Rate Insurance Maps (FIRM) as determined by the Federal Emergency Management Agency (FEMA). 25. In the event that the alignment of the Lake Management Project's Outflow Channel is altered and these changes relate to this project in any way, the applicant shall amend the tentative map to incorporate said changes. 26. Prior to the approval of any Design Review application or the issuance of any grading permit on this site a spring biological survey shall be conducted to determine if this site contains any least Bell's vireo habitat or the habitat of any other threatened or endangered species. 27. Per the Subdivision Map Act the final map shall be in compliance with the tentative map. .28. The developer shall establish and record CC &R's prior to issuance of Certificate of Occupancy for the units. The CC &R's shall impose fees to maintain all landscaping, parking areas, private streets, private drainage facilities, and any other common amenities. CC &R's shall also provide reciprocal easements for parking, access, circulation, loading, landscaping maintenance, signage usage and maintenance in favor of all lots, subject to the approval of the Community Development Manager and the City Attorney. The CC &Rs shall prohibit outside storage and shall fiunish information on any environmental hazards or constraints to all future owners/lessees. Engineering Department 29. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 30. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 31. Dedicate sufficient frontage along Chaney Street for an 88 foot right -of -way (44 foot half- street) and along Minthom Street for a 60 foot right -of -way (30 foot half - street). PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 25, 1997 32. All interior streets shall be 60 feet right -of -way with 40 feet curb to curb and Street "C" shall intersect with Street 'B" with a standard knuckle. 33. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution 85 -26). 34. Submit a "Will- Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 35. Construct all public works improvements per approved plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16.34). 36. Street Improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 37. Applicant shall enter into an agreement with the city for the construction of public works improvements and shall post the appropriate bonds. 38. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off -site public works improvements (Municipal Code, Title 12, Chapter 12.08, Resolution 83 -78). 39. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 40. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 41. Provide fire protection facilities as required in writing by Riverside County Fire Department. 42. On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 43. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 44. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. PAGE TEN CITY COUNCIL MINUTES - NOVEMBER 25, 1997 °45. All drainage facilities in this trz,t shall be constructed to Riverside County Flood Control District Standards. The storm drain connections to Temescal Wash shall be approved by Riverside County Flood Control Project. 46. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. 47. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 48. The 100 -year flood plain shall be indicated on the map. 49. Tract phasing plan shall be approved by the City Engineer. Bonding for public improvements for each phase shall be approved by the City Engineer. 50. Until Street "D" is completed, secondary access shall be provided by dedicated public right -of -way subject to the approval of the City Engineer and Riverside County Fire Department. Minimum width of secondary access shall be 30 feet. Once "D" Street is completed the secondary access will be vacated. 51. The Flood Control Outlet Channel right -of -way across this property shall be dedicated to the City upon approval of the first phase of this map. 52. Street "D" shall be connected to Silver Street and Silver Street shall be improved to Minthorn Street. Silver Street shall be graded to ultimate alignment and paved for two travel lanes (25 feet). 53. Developer may provide funds for the City to hire an assessment engineer to form a benefit - reimbursement district to reimburse the developer for improving Silver Street off site. 54. Applicant shall submit a geotechnical report evaluating liquefaction potential, possible on site faulting and other secondary geologic constraints. 55. Developer shall contribute their pro -rata share for the design and construction for traffic signals for the following intersections: Collier /Chaney 38% Collier /Central 10% I -15 south bound ramp /Central 8% I -15 north bound ramp /Central 6% Collier/Riverside 4% 56. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil PAGE ELEVEN CITY COUNCIL MINUTES - NOVEMBER 25, 1997 engineer and approved prior to final map approval. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 57. All improvement plans and parcel maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with the City's ARC/INFO GIS system or developer to pay $1,000.00 per sheet for City digitizing. 58. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage- easement. 59. Developer to provide No Parking and Street Sweeping signs for streets within tract or pay a fee for installation by City. 60. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 61. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for a Natural Pollutant Discharge System Permit prior to issuance of grading or building permits. 62. All utilities except electrical over 12kv shall be placed underground, as approved by serving utility. 63. Prior to building permit issuance, the applicant shall meet all requirements of Lake Elsinore Municipal Code Section 15.64 relating to flood hazard regulations. 64. Prior to building permit issuance, the applicant shall meet all requirements of Lake Elsinore Municipal Code Section 15.68 relating to floodplain management. 65. Prior to certificate of occupancy, the applicant shall provide FEMA elevation certificates. 34. Power AgMeation - Multi- Agency Funding Pool - Resolution No 97 -68. (F:170.1) City Manager Watenpaugh noted that this item relates to a preliminary study underway through WRCOG; and noted the City's participation in the discussion of deregulation of power. He explained that this item suggests that the Council consider funding for the study at a cost of $3,700; and noted the benefits of aggregation for the residents and the potential savings for the City. He clarified that this approval would not be a commitment to participate in the future; as the City could choose to go with Edison or another provider anyway. He suggested that this study would be a low cost way to obtain information upon which to make a decision. PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 25, 1997 MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97-68, AGREEING TO PARTICIPATE IN THE WRCOG /SANBAG EFFORT TO FORM A POWER POOL. RESOLUTION NO. 97 -68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO PARTICIPATE IN THE WRCOG /SANBAG EFFORT TO FORM A POWER POOL. ITEMS PULLED FROM THE CONSENT CALENDAR 5. Cancellation of December 23, 1997 City Council/Redevelopment Agency Meetings. (F:44.1)(X:134.1) John Seepe, 15631 Half Moon Drive noted this request for cancellation of a meeting; and noted the meetings canceled in prior months. He reminded the Council that the meetings are for the people as well and suggested that the December 23rd Council meeting be deemed a "true town hall meeting ". He addressed the Mayor and noted his prior comments on better communication between the City and the residents. He suggested that the town hall meeting format discuss how to get an item on the agenda, long and short term financial obligations, the annual financial statement, project processing and the status of discussions with contractors. He noted that residents receive most of their information through the newspaper and suggested an expanded discussion of the processes. He noted comments bat the City is one of the most aggressive Redevelopment Agencies in the State and suggested holding meetings for the people to explain this reasoning. He offered to provide a precise list of questions for such a meeting. He indicated that illegal meetings with developers should be avoided. Councilman Alongi expressed the same concerns as Mr. Seepe and suggested that there is a responsibility to the Community to hold the scheduled meetings. He objected to this cancell1tion, as it would be the third one in recent months. Mayor Pro Tem Kelley clarified that tie October meeting was canceled due to the Annual League of California Cities Conference and the November meeting was on the Veteran's Day holiday. Councilwoman Brinley stressed that ttie November meeting would have been on the legal Veteran's Day Holiday; and all public agencies were closed that date. She stressed that some people do have family and Christmas is a family time; and that many people may be traveling to visit family. She stressed that family is a priority. PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 25, 1997 MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND METZE ABSENT TO CANCEL THE DECEMBER 23RD CITY COUNCIL AND REDEVELOPMENT AGENCY MEETINGS. 1997, 6. Resolution No. 97-67 - Reduction in Business License Tax per November 4. on Results. Councilman Alongi expressed concern with this report and indicated that it did not explain how the rebates for overcharges would be handled. He noted that this is approximately $100,000. City Manager Watenpaugh indicated that it was his understanding that this action would implement the vote of the people, and there is nothing that says how or when it starts. He noted that he believes it will go into effect as soon as the vote is ratified by the Council. City Attorney Leibold advised that there is no provision for reimbursement; but the City has taken an aggressive stand to implement the will of the people upon ratification of the election results. She indicated that it will go into effect immediately. Councilman Alongi requested clarification that there would be no refund. City Attorney Leibold confirmed. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97-67 REDUCING THE BUSINESS LICENSE TAX RATES TO THE 1995 LEVEL. RESOLUTION NO. 97 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING RESOLUTION NO. 95-45 (BUSINESS LICENSE FEE INCREASE)AND RE- ADOPTING FEES AS SET BY RESOLUTION 91 -11. 7. Service Agreement for Pest Control at City Facilities. (F:68.1) Mayor Pape noted that proposal received was a great reduction in costs. Councilman Alongi indicated that he was glad to see local businesses willing to bid on work for the City. He noted that 4 of the 9 proposals were from local contractors and a local firm got the contract. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT THE BID OF $211 PER MONTH ($2,532 PER YEAR) AS SUBMITTED AND AWARD A CONTRACT TO ANTIMITE TERMITE AND PEST CONTROL FOR A TERM OF ONE YEAR RENEWABLE UP TO 3 YEARS WITH SATISFACTORY PERFORMANCE. U PAGE FOURTEEN - CITY COUNCIL MINUTES - NOVEMBER 259 1997 8. Emergency Park Funding 11pdate. (F:114.1) Councilman Alongi noted that the Council is again going to reserves to take money for the parks. He further noted past comments by the Council and Mrs. Brinley, but stressed that they are now looking at another $27,000 or $28,000 and indicated with the other expenses they could have kept the parks open at full operation and given the little leaguers a chance to work at scheduling their events. He indicated that if TMC does not work out, he believes the Council will go to the reserves again. He noted the schedule of expenses for operating the parks and indicated that he though they were operating at 40 %. He noted specific costs for water and electricity at various parks and questioned where the 60% reduction has taken place. He stressed that in September the Council voted on the low maintenance level from parks and questioned why it was not reflected. City Manager Watenpaugh clarified that the schedule shows actual cost from July 1st on a month by month basis, and the reduction in cost began on July 1, 1997. He further clarified the costs incurred, the funds received and the matching funds provided. He explained that this item is seeking one more month for a total cost of $91,000 for July through November. Councilman Alongi further questioned the 60% reduction for maintenance, and stressed the costs for July and the following months, indicating that he does not see the reduction. City Manager Watenpaugh clarified that the schedule does not show the 100% figure for comparison, but rather the actual costs. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ALLOCATE $22,000 FROM THE GENERAL FUND RESERVES TO CONTINUE REDUCED MAINTENANCE OPERATIONS AT CITY PARKS THROUGH THE MONTH OF DECEMBER, 1997, PROVIDING ADDITIONAL TIME FOR STAFF TO POTENTIALLY IDENTIFY AN ALTERNATE FUNDING SOURCE FOR'THE MAINTENANCE OF PARKS AT A REDUCED SERVICE LEVEL. Councilman Alongi indicated that he has a small problem with the report on page 8 of 9 where it indicates that the "City held a City council orientation on Thursday, November 6, 1997 ..... on the use of CDBG funds ". He requested the minutes of that meeting. Community Services Director Sapp clarified that it was not a City Council meeting, but rather a citizen's participation meeting; and indicated that information would be corrected. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DIRECT STAFF TO COMPLETE AND SUBMIT AN APPLICATION TO THE COUNTY OF RIVERSIDE REQUESTING CONTINUED FUNDING OF THE OPERATIONS OF THE LAKE ELSINORE SENIOR ACTIVITY CENTER PAGE FIFTEEN CITY COUNCIL MINUTES - NOVEMBER 25, 1997 THROUGH THE COUNTY'S 24TH YEAR PUBLIC SERVICE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:45 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:05 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS John Seepe, 15631 Half Moon Drive, thanked the City Attorney for her clarification, but indicated that the City did pay for lunch for all City personnel present. He explained his motives for addressing Council regarding Eastlake and noted that this project is costing the community $456,000,000 which is 1/4 of the end value of the entire project. He stated that the cost should be on the developer, not the City. Nita Van Heest, presented a list of questions for Councilwoman Brinley to answer regarding TMC. Chris Hyland, 15191 Wavecrest Drive, stated that she has done extensive study on the Brown Act and has talked to two well known lawyers today regarding the Brown Act and stated that Council did violate the Brown Act. She called for the resignation of Mayor Pape and Councilwoman Brinley for violating the Brown Act. She thanked all the people who voted for her and stated that in one respect she won because all of the measures failed. She stated that she cannot tolerate liars and unethical people. She stated that there will be another recall and all signatures will be verified. She called for change. CITY MANAGER COMMENTS City Manager Watenpaugh requested study sessions or special meetings on presentations of 24th year CDBG funding, a special RDA public hearing meeting to comply with Redevelopment and Housing Implementation Plan; and suggested December 30th from 10 a.m. to Noon. He finther requested a joint study session with the planning commission on January 6th from 3 to 5 p.m.; and a Goals and Objectives setting study session on January 20th from 10 a.m. to Noon with a break for lunch and return from 1 to 3 p.m., if needed. rs' @uu �,, 1. Explained that the Brown Act requires that the public business and deliberation of public business and the decision making take place in a public open and noticed forum. She noted that the Luncheon did not involve any of those things and was not in violation of the Brown Act. She stated that she would be happy to talk with anyone that wants to discuss' it further and she PAGE SIXTEEN - CITY COUNCIL MINUTES - NOVEMBER 25, 1997 would walk them through the statute and clarify the exceptions. 2. Announced that there would be two closed sessions items. 3. Commented on Mr. Seepe's suggestions and stated that he would have the opportunity to comment on the RDA issues on December 30th. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1. Commented on the Brown Act and noted a memorandum generated by Chairwoman Brinley outlining the topics of discussion at the Luncheon and noted that the memorandum did address City business which would be discussed. He further noted that the invitation stated that the City of Lake Elsinore was hosting the Luncheon. He further noted that she had no authority to send this letter and did not confer with the other Boardmembers prior to sending out the letter. He fiuther stated that he had made contact with two attorneys and they agreed that this Luncheon was in violation of the Brown Act. 2. Read an article in the Press Enterprise newspaper regarding a program that is being implemented in Rialto through their Redevelopment Agency for fighting blight in their City. He noted that Lake Elsinore has not spent a dime in the blighted area and should be rehabilitating homes through the Redevelopment Agency and not financing the Lake, Ballfield and Theater. 3. He noted that the Mayor and Councilman Metze need to send flowers to Mr. Gray because he won the election for them. If the votes were totaled up they would find the percentages enlightening. 4. Noted the projects that have not occurred such as the sports complex; the water park; the raceway and read letters in opposition to the raceway; the Red Lion project; K -Mart is closed and the expansion to the Theater is not going to happen; and the Liberty project which has a long way to go. 5. Noted the sale of the Outlet Center and stated that the City was not notified and we have approximately $7,000,000 involved in that project. He noted that prior to the sale, the money the City invested should be returned. 6. Questioned why the City would advertise the Outlet Center and not the other areas of business in the City. He noted the different areas that could use assistance from the City. He asked why the bus is going to Wal -Mart and not other areas of the City. He stated that he felt that the City was ignoring the backbone of the businesses in the community. 7. Noted that we are not supposed to take money from the reserves, and yet we PAGE SEVENTEEN - CITY. COUNCIL_MINUTES - NOVEMBER 25, 1997 keep doing it. 8. Stated that the reason that there was such a bad turnout at the town hall meetings was because they were about the measures and people have heard enough about them. He stated that people will show up at a town hall meeting if it is a subject of interest. 9. He made note of a statement from Mayor Pape's campaign brochure and stated that this Council does not deal with equality. He stated that this Council has lowered even the minimum standards to put in gas stations and allowed six variances. He addressed low income and stated that it was on the backs of people from different countries who came to this country that made this country what it is; the people who clean out the ."shit holes'; the people who dig the dirt; the people who do the jobs that you people with a couple of bucks in your pocket, ride around on your "fat asses" in your Lincohis, don't want to provide them housing. He questioned the Mayor's credibility and noted a court order for child support for the Mayor. He noted a Bankruptcy filed by the Mayor and the fact that people want him in control of the City's budget. He questioned the Mayor's credibility and equality; and stated that he openly discriminates against low income people. Councilman Alongi stated that he has dedicated his life to this community by building in low income areas, because no one will build in those areas. He noted that the house the Mayor lives in is less quality than the ones that he builds. He stated that in the old days in 1992, there was money in the Reserves and the General Fund, and the City paid its bills. He further stated that today the City is not paying its bills; today it is $15,000,000 deeper in debt and today it cannot meet its bills. He noted that one year from now a $1.3 million dollar payment is going to come due and no one knows where the money is going to come from, but Council keeps giving the public "horse- shit" about development. Mayor Pape called Councilman Alongi to order for his language. Councilman Alongi strongly stated that he had the floor and he would speak when he wanted to speak. He stated that it is freedom of expression and speech. 10. Stated that Councilwoman Brinley loved the children, however she loved money more than the children because of the parks. He stated that "our day is coming and when it does you will be out of here and I'll still be here ". 11. Addressed his court case and stated that Mr. Paul Smith lost his case and with the depositions the City was taken out of the lawsuit so it proved that he was not acting as a Councilperson and was acting as a private person. He further stated that Mr. Smith got nothing, however, he noted that some lawyers, when they see the end coming, try and grab what they can and run. He noted that normally it's their fee, therefore, he agreed to pay Mr. Smith's lawyers fee and Mr. Smith gets nothing and that's exactly what Councilman Alongi wanted.. PAGE EIGHTEEN CITY COUNCIL MINUTES - NOVEMBER 25, 1997 12. Noted that he was just notified that he had lost the first appeal of the FPPC in Superior Court, however that did not bother him. He stated that he loves this country, we have a great system and we have to use the system. He noted that he has a long way to go before anything happens in that area. 13. Stated that he is still dealing with the Grand Jury and noted that he has finished his testimony and he will be able to talk more about it after the fourth or fifth of December. He stated that he hopes that all of this will be brought to a conclusion. 14. He noted that the public elected Mayo_ Pape and Councilman Metze and he congratulated them. He stated that he told the people that ran that if three people ran the two would win because of the division of votes, not that they deserved to sit up here, because if they check the election, they would have lost. 15. Noted that the Council Policy states that every two years there shall be a new Mayor elected, not elect the Mayor, but a new Mayor. Every Council for the past ten years has left that there. He stated that Councilwoman Kelley should be the new Mayor. He asked what makes them think they can do a better job since they can't take care of their own finances. Mrs. Kelley at least has an education and shows compassion. He stated that he felt that she was sincere about bringing a change to this Council and noted that Mayor Pape, Councilwoman Brinley and Councilman Metze are power mongers and have never had authority in their life and are afraid to give it up since it is the only way they can show their authority. Councilwoman Brinley commented on the following: 1. Noted that approximately 5 or 6 years ago the Redevelopment Agency went in and helped the Amber Ridge area because their septic tanks were failing. She noted that people were not able to sell their homes, even if they wanted to because of the failing septics. She stated that the RDA made it possible for sewers to be installed in their area and allow the residents to connect at a lower rate by working with the City and the Water District. 2. Commented on Tootsie the Trolley. Stated that it will be coming to the Outlet Center on December 5th and there will be entertainment for the occasion. She noted that the trolley will be in use starting the Saturday after Thanksgiving through the last Saturday of December. She stated that the ride for adults will be $50 and $.25 for children under 18, seniors and the disabled. She noted that there are fliers available to mark the route. Thanked the Outlet Center, Pepe's Restaurant, Denny's Restaurant and Oak Grove Equities who sponsored the trolley. She encouraged everyone to use this service. 3. Stated that she had a recent discussion with the development Manager at Wal -Mart and he told her that El Pollo Loco should start construction on PAGE NINETEEN - CITY COUNCIL MINUTES - NOVEMBER 259 1997 December 1, opening sometime in February; Kragen Auto Parts will be going in to that Center as well. 4. Noted that it is hard to understand things when there are people trying to confuse the issue. She expressed hopes that the public would take the time to either place a call to City Hall or come to City Hall to discuss the Brown Act with the City Attorney. She fiuther noted that the RDA will be more active in the future and will be working at bringing all the issues and facts before the public to lead to better understanding. 5. Wished everyone a safe and good Thanksgiving. Mayor Pro Tern Kelley commented on the following: 1. Announced that there will be the Boat Parade of Lights on December 13, at 5:30 p.m. 2. Announced that there will be snow downtown on December 5th. 3. Congratulated Goat for a wonderful Elsinore Classic weekend. She stated that she and her family had a great time. 4, - - 4. Congratulated the new Board for the Lake Elsinore Association of Realtors. Stated that it was a pleasure to attend their installation. 5. Wished everyone a Happy Thanksgiving; and stated that we have many things to be thankful for. Mayor Pape commented on the following: 1. Thanked his Campaign Manager Chris McColley for all of the long hours and work to make his campaign a success; thanked Lori Sostre, Spencer Sostre, and Don Burnell for putting up signs for the campaign. He expressed his appreciation to the people who gave endorsements and thanked the people who distributed fliers on behalf of his campaign. Thanked the public for words of encouragement that he received while walking the neighborhoods during his campaign. He stated that he would try and be worthy of that support for the next four years. 2. Commented on the fish kill and noted that crews have been out for the last several days and will work until the job is done. He noted that the Governor's Office has been made aware of the situation and he stated that he hopes that this will assist in gaining a receptive ear for the Lake the next time State assistance is requested. 3. Congratulated City Clerk Kasad for her appointment to the 1998 League of California Cities State Wide Policy Committee on Employee Relations. She 3 PAGE TWENTY - CITY COUNCIL MINUTES - NOVEMBER 25, °1997 was appointed by the City Clerk's Association. 4. Congratulated Mayor Pro Tem Kelley and Councilwoman Brinley for their last Visions and Views Show. He stated that there have been a lot of good comments about the show and the Airport has received a lot of good comments as well. He noted that it took a lot of courage to go on the plane. 5. Thanked the people of H.O.P.E. for inviting him to their annual fund raiser. 6. Stated that he attended the Dolphins Charity Game for the parks and noted that everyone had a lot of fun and it was a great success. He further stated that he appreciated their efforts on behalf of the parks. 7. Stated that he attended the open house at Fire Station 10, and noted that they had good attendance and presented some very nice exhibits. He congratulated them on their efforts. 8. Noted a Meeting with the User Groups regarding the Parks and explained that staff and Council are working with them to try and find solutions to allow them the ability to use the fields this year. He noted that the City is a long way from being able to accomplish that end, however they are working on it. 9. Reminded everyone about the Winterfest on Friday, December 5th, and encouraged everyone to bring their children and enjoy the snow. He noted that there will be a special guest for the Children passing out candy and they can sit on his lap and ask for additional goodies. 10. Announced that December 13th, is the boat parade and encouraged people to attend. 11. Advised that World Savings will be opening at the Wal -Mart Center the middle of December. 12. Noted the personal slander items and stated that he will take the high road. He stated that he prefers to debate the projects and issues on their own merit, however some people do not have the capacity to do that and have to resort to personal attacks. He stated that he felt that was not productive and he would rather raise people up, instead of getting down into the gutter with them. He would ask that the public not be angry with them, because some people's hearts are filled with hate and he asked that people pray for them. He noted that they need more help than what some can give and suggested trying to forgive them and work with them, so maybe someday they might be able to remove some of that hate from their hearts. • Mayor Pape stated that the issues brought up were from 10, 15 and 20 years ago and stated that he had some rental properties that didn't work out along with bad legal advise. He noted that there are some things that might have been done " PAGE TWENTY- ONE -CITY COUNCIL MINUTES - NOVEMBER 25, 1997 differently, however if we had 20/20 hindsight it would not have happened, but we don't, so we can learn from our experiences and move on. Mayor Pro Tem. Kelley further commented on the following: 1. Recognized the Mayor's continued appointment to the State Wide Public Safety Policy Committee for the League of California Cities. 2. Stated that she was appointed to the Community Services State Wide League of California Cities Board and the Executive Board of California League of Cities, Riverside Division. CLOSED SESSION a. Conference with Real Property Negotiator - Lake Elsinore Diamond Stadium - City/TMC /Storm - Discussion of Terms of Proposed Transfer including without limitation Price and Terms of Payment. b. Conference with Real Property Negotiator - City/EVMWD - Well Site Agreement - Riverside Drive Campground - Discussion of Terms including without limitation Price & Terms of Payment. 54956.8 for both. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:50 P.M. TO DISCUSS THE ABOVE LISTED ITEMS. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:45 P.M. WITH DIRECTION BEING PROVIDED TO THE CITY ATTORNEY AND CITY MANAGER ON BOTH ITEMS TO CONTINUE NEGOTIATIONS. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT .47 P.M. ,EVIN W. PAP , MAYOR ITY OF LAKE ELSINORE AT ST: CKI An, (.ftY CLERK CITY OF LAKE' ELSINORE I MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 9, 1997 RM Its The Regular City Council Meeting was called to order by Mayor Pape at 7:07 p.m. PLEDGE OF ALLEGIANCE Colors were presented and the Pledge of Allegiance was led by Boy Scout Troop 99 and Scoutmaster Tony Romero. INVOCATION None. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Services Director Sapp, Assistant to the City Manager Best, City Engineer O'Donnell, Senior Planner Villa, Police Chief Walsh, and City Clerk Kasad PRESENTATION Mayor Pape read the Proclamation recognizing Skylark Airport and presented it to Larry Noggle. Mr. Noggle thanked the Council for the Proclamation and noted their efforts to improve the airport and the drop zone. He finther noted that they are also working with contacts in Hollywood to promote commercials and movies. He stressed their interest in promoting the City and thanked the City for this recognition. Councilwoman Brinley thanked Mr. Noggle for their efforts and assistance with Visions and Views. Mayor Pape noted that it is fun to watch the skydivers on the weekend and commended the courage of the other Councilmembers who participated. PAGE TWO - CITY COUNCIL MINUTES - DECEMBER 9, 1997 Debra Childers, representing the Chamber of Commerce, advised that they are negotiating with three companies to bring a Circus to Lake Elsinore in April or May. She announced the 1998 Chamber of Commerce Board of Directors; and advised that Tom Thomas will be serving as President for another term. She reminded the Community about the Chamber Installation at the Diamond Club on January 10th and noted that all are welcome to attend this Black Tie affair at a cost of $55 per person. She further discussed the Chamber's Economic Development Program; and noted that they have been meeting for several months. She further noted the articles in the Sun Tribune about their efforts: � She also noted that they are now working cooperatively with representatives from Canyon Lake and gaining recognition at the regional and State levels for those efforts. She commented on the enthusiasm of the officials involved in this effort, and highlighted successful efforts to date. She announced that they are putting together a Video Program for Channel 3, entitled Lake Elsinore Connections, which will begin airing at the end of January. J.1 - 11_11_ i - - Assistant to the City Manager Best detailed the formation of this Committee in 1996, and stressed their attempt to establish a web page at no cost to the City. She highlighted the Internet uses in other communities for tourism purposes, access to public records, etc. She stressed that the Internet is the future wave of communication, and staff felt it was imperative that the City establish a site on the World Wide Web. She explained that the project has been funded by a grant from the South Coast Air Quality Management District; due to the potential for trip and pollution reduction. She advised that the complete program includes an in -house Computer terminal for public access and staff is currently negotiating a site for a Kiosk with 24 hour a day access. She noted that the site is still under construction, and introduced the staff committee including Armando Villa, Bill Payne, Kim Magee, Larry Russell and Richard Hess. She also noted that Deloise King from Mt. San Jacinto College was providing the equipment for this presentation; and thanked her for her assistance. Armando Villa noted the current access to the Internet and the world, and provided the City's web site address being: www.lake- elsinore.ca.us. He indicated that interested individuals can access the primary web page and noted the information contained on that pate. He acknowledged City staff member Jill Delaney for her artistic contributions to the web page. He demonstrated access to the General Information area and showed the Council photos, meeting information and agenda information areas. Lang Russell detailed the Community Development Department Web Site for PAGE THREE - CITY COUNCIL MINUTES - DECEMBER 9, 1997 building, planning and engineering, citation administration and waste management. He detailed the information available through the Building Department including access to staff members, information on building inspections and plan check. He advised that in the future Planning plans to offer information on planning zoning, development standards, general plan, design review and mapping. He stressed the 24 hour a day access to the site and noted that one important factor is the State and Federal codes which need to be interpreted; and information can be gained within a few hours. He noted that one main goal is to provide a local site for local access to Riverside County information. Bill Payne detailed the web page information for the Community Services Department; noting the recreation, tourism, area sports, recreation programs, campground information, guides to dining and hotels. He indicated that for the Stadium there will be a schedule of all events that will occur, a Storm Baseball link, lake use regulations, boat launch information, schedule of launch fees, information on annual launch passes from the City, historical date about the lake and its ecosystem. He further advised that for public works there will be on -line maintenance request forms for submittal, standard drawings for public works construction items such as sidewalks and street maintenance; as well as information on contracts which are out to bid. He further detailed information on parks and emergency operations to be included on the page. He stressed the opportunity to share information on the City with outside individuals and agencies. Kim Magee detailed information to be provided by the Administrative Services Department including business license information and forms for submittal; and noted the ability to contact the Contractor's State License Board for verification. She noted that payroll will also benefit, by being able to access IRS regulations on new rates, annually. She advised that the City Manager's Office area will include information on economic development and contacting other governmental agencies. She noted that it will be possible to supply information via the Internet to potential new developers. She indicated that the City Clerk/Human Resources /City Council area will have minutes and agendas, on -line job descriptions and applications for submittal to the City; and citizens can directly e-mail the Council via the Internet. Richard Hess noted the services which can be offered via the Internet and detailed the future goals including, getting the e-mail system up and running, placing the computer terminal on the counter in Community Development, providing GIS data and maps, and placing the off -site Kiosk in a commercial area. He further advised that the longer term goals include the ability to provide for electronic payments via e-mail. City Manager Watenpaugh commented for the public that the staff has done this on own time with no City dollars. He stressed that this was a staff PAGE FOUR- CITY COUNCIL MINUTES - :DECEMBER 9, 1997 generated idea, presented to management; and an effort which will save a lot of time. He commended staff on their efforts and Council for their support of this effort. Mayor Pape questioned how soon the City Council agenda would be available. Mrs. Best indicated that it can be scanned in and made available now. She noted that this presentation was actually on -line. She thanked Deloise King and Mt. San Jacinto College for their assistance with this presentation. 1 :4. 15 _ Pete Dawson, noted -the other positive presentations this evening; and announced the Christmas Boat Parade of Lights to be held on December 13th. He further noted that this will be the fourth year for the parade with most events going well, except for last year's windy conditions. He advised that there will be free launching and lake use for participants, from Elsinore West Marina. He further advised that there will be a mandatory boat check from 3 to 5 p.m.; a driver's meeting at 4:30 p.m. and departure for the parade at 5:30 p.m. He detailed the route of the parade and gave time lines for viewing. He encouraged spectators to dress warmly and noted that there will be a large bonfire on the City beach. He detailed the prizes for winning entries and advised that the judges are the City Councilmembers and Congressman Ken Calvert. He noted and thanked the sponsors including Elsinore West Marina, Costco and Pro Marine. PUBLIC COMMENTS - AGENDIZED ITEMS None requested. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for firther discussion and consideration: Item No. 5. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - November 25, 1997. (F:44.4) PAGE FIVE - CITY COUNCIL MINUTES - DECEMBER 9, 1997 3. Ratified Warrant List for November 26, 1997. (17:12.3) 4. Rejected and referred to Claims Administrator the Claim Against the City submitted by Paul & Sheila Bywater (CL #97 -26). (17:52.2) I_:__� 21. Revision #1 to ZQT-e- No. C97-4, pLQosed Cal Burgers Restaurant at 29301 Riverside Drive AQpeal of Conditi "n Use Permit No. 97-5. Revision #1. (F:58.2) City Manager Watenpaugh noted a request for continuance of this item received this date. Mayor Pape noted that this consideration has been ongoing for about six months and questioned the timing of the request. City Manager Watenpaugh noted that the applicant requested this delay as he was bedridden. Councilman Alongi suggested that it would be no problem to postpone this item. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS PUBLIC HEARING TO JANUARY 13, 1998. Councilman Alongi indicated that he pulled this item because it was discussing school bus zones; and indicated that he would like to see the Council give consideration to parents driving children to school. He further indicated that he would like a study session to develop a plan for appropriate parking areas and signage. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO RESOLUTION NO. 97-69 THROUGH 97 -71. RESOLUTION NO. 97-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS NEAR ELSINORE ELEMENTARY SCHOOL. RESOLUTION NO. 97-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING LOADING ZONES ON PAGE SIX - CITY COUNCIL MINUTES — DECEMBER 9, 1997 CERTAIN STREETS NEAR ELSINORE ELEMENTARY SCHOOL. RESOLUTION NO. 97-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PARKING RESTRICTIONS ON CERTAIN STREETS NEAR ELSINORE ELEMENTARY SCHOOL. THE CITY COUNCIL MEETING WAS RECESSED AT 7:45 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:10 P.M. all ll \ll ill N 513 .� Peter Dawson, 18010 Grand Avenue, spoke as a flood control representative and noted that there has been no water coming into the Lake since 1995, and the Lake level is down. He stressed the area of the watershed area which is the source of the water and noted the snow in the mountains which will ultimately melt and come into the Lake. He further noted that as of today, Canyon Lake came up three feet and will overflow the dam in two and one half feet; which could happen in a couple more days. He commented that in 1993 the water was coming into the Lake at two inches an hour, which could be at flood stage in three weeks. He urged waterfront property owners to remove any potential boating and floating hazards; and to purchase homeowners' insurance now, noting the 30 day delay for coverage. He clarified that there could be no flood at all, or it could happen in as little as three weeks. He noted that he has the name of a surveyor for flood insurance who would give a discount for any required surveys. Gary Grant, 27068 Jarvis Avenue, Perris, Chairman of CSA 41, indicated that he was present to discuss problem with Highway 74 and noted that this has been a hot potato for quite some time, as there has been many accidents. He stressed the number of major accidents between Lake Elsinore and Perris. He further stressed that many residents of Lake Elsinore use that road and they are impacted tremendously. He indicated that on Saturday, December 13th there will be a rally in Meadowbrook to place pressure to recognize the problem. He welcomed Lake Elsinore residents to attend the rally and sign the petitions to show support. Dean Billings, 15620 Grand Avenue, #12, indicated that he was moved by God to attend this meeting and present two complete plans for Lake Elsinore to profit He detailed one plan to renovate trailers for handicapped and disabled residents, which would cost the City about $2,500 per trailer and allow for profit by the City and the Community. He detailed a second plan for use of the wetlands as a bird reserve and provide for an import/export hemp business. He noted the potential uses of hemp for fuel, clothing textiles, etc. He suggested that with minimal maintenance and effort the City could purchase the Lake and run its own baseball stadium. Leroy Tucker, 3532 Cherry Blossom, addressed the Mayor and noted his past PAGE SEVEN - CITY COUNCIL MINUTES - DECEMBER 99 1997 concerns with traffic on Lakeshore Drive at Inco homes; and advised that he was to see that it has now been taken care of and looks nice. He noted that the Mayor also must travel Lake Street and noted it is getting bad, and more rain will impact it further. He noted that the elections are over and the citizens have spoken. He expressed hopes of erasing the lines which exist and offered to assist, however he believes it is possible with town hall meetings and discussions. He stressed the importance of all getting together and start working for the City. He expressed concern that at past meetings it has not appeared that the City Manager, Finance Director and City Treasurer are all on the same page, and suggested that they could get together prior to Council Meetings to get together. He wished all Happy Holidays and reiterated his offer of support and assistance. City Manager Watenpaugh commented on a meeting with the President of the Chamber of Commerce and noted efforts to put together a committee of downtown merchants to restart the open air markets on Main Street. He explained that they intend to proceed at no cost to the City, and have presented an outline for review which appears to be a good proposal. City Attorney Leibold noted the Special Meeting of the Council for one closed session item regarding existing litigation with Y & M, Inc., Spectrum under Government Code Section 54956.9a; which will occur immediately after the regular meeting. Councilman Metze commented on the following: 1) Agreed with Mr. Tucker, and noted that with the consensus of the Council, on the January 13th meeting he would like an item on agenda regarding a Council policy change for Mayor appointments to occur yearly. Council concurred to consider this matter on January 13, 1998. 2) Complimented staff on their Internet effort, and stressed that this is exciting for the community. He noted the future potential of placing agenda packets on the Internet as well. He encouraged staff to proceed with their efforts. 3) Requested that staff contact Rod Gunn for a town hall meeting, at his convenience, regarding the City's finances, including where we were, where we are and where we are going. 4) Noted that he missed the last Council Meeting and thanked those who voted for him and assisted with his campaign. He stressed that his V. PAGE EIGHT CITY COUNCIL MINUTES DECEMBER 9, 1997 workers did a tremendous job in assisting him. 5) Wished all a Happy & Safe holiday. Councilman Alongi commented on the following: 1) Noted that the City has had the Stadium for four years now, and he has yet to see a City flag fly there. He suggested that the City should show pride of ownership and he would like to see the City flag flown during the upcoming season. 2) Thanked everyone for their contributions to the Winterfest festivities. He also thanked City staff for their great job; and Chief Walsh for the participation of his deputies. 3) Addressed Councilman Metze regarding the policy on appointment of the Mayor. He indicated that Council is supposed to have a study session on Council policy, and the policy in place is very direct on how .to appoint a Mayor. He indicated that he doesn't think two years is good, but one year is not enough time. He suggested looking at electing a Mayor, like the City of Perris did. He stressed the politics associated with the Mayor's position and suggested that election would remove the political strength. 4) Noted some recent letters to the editor, and indicated that it was amazing to him how ignorant people send the letters and the papers print them. He addressed one letter by David Armstrong which chastised Judge Micelli because he did not make a decision on the court date. He stressed that the job of the judge is to go overall the evidence before making a decision and he did that job. 5) Noted a letter from Sharon Atkins and commented on the self righteous people who write letters and have no idea how the system works. He indicated that he believes the recent RDA meeting was a Brown Act violation; and while the City Attorney has her opinion whether it was right or wrong; people should let the proper authorities make that decision. He indicated that he believes all meetings should be public regardless of who they are with. 6) Expressed sympathy with Mr. Olson, and indicated that he was absolutely right that people have families and what is said in Council Meetings is government and has nothing to do with their families. He indicated that while he may have disagreements with people at the table, he does not hate them. He thanked the Mayor for praying for him. He played a tape from his telephone recorded and indicated that this type of person is not needed in the community. He noted that his family receives those messages and they have nothing to do with his family, but with what he believes is right or wrong. PAGE NINE - CITY COUNCIL MINUTES - DECEMBER 9, 1997 7) Expressed hopes that everyone will have a very blessed holidays and wished the best for the community. He suggested that hopefiilly next year the Council can see eye to eye on more things, but he is not sorry for what he has done over the years. He indicated that he won't compromise his beliefs, and while most would agree to disagree, he feels it important to treat others as human beings. He indicated that he has known Mrs. Brinley for years, and although they disagree, she has never been disrespectful to him in public. Councilwoman Brinley commented on the following: 1) Thanked the boy scouts for the Presentation of Colors, and expressed hopes that they would do the same again in the future. 2) Noted the kickoff for the Tri-City Trolley and this month's Visions and Views Program. She noted the participation of children from Butterfield Elementary School and Railroad Canyon School. She thanked the children for their participation. 3) Thanked Susan Hafner, Debra and Joan from RTA for their efforts on the Trolley. She noted that the Trolley will run through the month of December, detailed the route and encouraged ridership. She thanked this year's sponsors of the Trolley and thanked City Staff for their efforts on Winterfest. She also thanked Walmart for the snow, Echo for the entertainment and Chuckles Java Junction for hosting the dignitaries. 4) Reminded the Community of the upcoming Boat Parade of Lights on December 13th. 5) Wished her Grandson Adam a Happy Birthday on his first birthday and noted that he is doing well now and they are very thankful and blessed. She expressed thanks to all who prayed for him. 6) Thanked City staff for their efforts in a hard year; and noted that they worked hard, supported the Council, made the necessary budget cuts, and worked on the measures. She expressed thanks for the support throughout the year. 7) Addressed Mr. Tucker on his comments with regard to the stadium and the potential for sale of the stadium. She suggested that anyone who wishes to place an offer is welcome. She further noted comments by Mr. Olson regarding Mr. Brown of the Angels organization; indicating that Mr. Brown also owns a minor league team himself, thereby bringing much needed expertise. She concurred with Councilman Alongi that there should be a City flag flying at the Stadium. PAGE TEN - CITY COUNCIL MINUTES - DECEMBER 9, 1997 8) Wished all a Merry Christmas and a prosperous and healthy New Year. Mayor Pro Tern Kelley commented on the following: 1) Thanked the boy scouts for the Presentation of Colors and noted that she can attest that some have been good, as they are students at her school. She also noted that they are participating to fulfill a portion of the work on their citizenship badge. 2) Thanked Walmart for the donation of snow and thanked all City staff involved to make the event a success. She encouraged residents to ride the Trolley over the Holidays and reiterated the route. She noted that the Press Enterprise, Readers' Choice Awards chose the Lake Elsinore Outlet Center as the number one place to shop. 4) Reminded the public about the Chamber installation dinner on January 10th. 5) Wished everyone a Merry Christmas and Happy New Year. Mayor Pape commented on the following: 1) Noted that the AM/PM at four comers is nearing completion; and the one at Nichols/I -15 has received grading and plan check approval, pending Water District approval and should move dirt soon. 2) Noted Mr. Dawson's comments regarding Canyon Lake and concurred that water would soon be over the dam. He indicated that the Lake is presently at elevation 1243 -1/2 and outflow begins to work at about 1255'. 3) Apologized to Mr. Armstrong & Ms. Atkins and indicated that it is not appropriate to call people ignorant. He finther indicated that the tape played by Councilman Alongi was in poor judgement. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:45 P.M. TO DISCUSS THE FOLLOWING: a. Pending Litigation - Y & M, Inc.,(Spectrum) pursuant to Government Code Section 54956.9a THE CITY COUNCIL MEETING RECONVENED AT 9:19 P.M. NO ACTION TAKEN. PAGE ELEVEN - CITY COUNCIL MINUTES - DECEMBER 9, 1997 • 1 1koWli MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:21 P.M. e�N'11. PAPE, MAYOR CITY OF LAKE ELSINORE ATTEST: 1 VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE u I MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA CONFERENCE ROOM DECEMBER 18, 1997 CALL TO ORDER The Study Session was called to order by Mayor Pape at 10:15 a.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Assistant to the City Manager Best, City Engineer O'Donnell, Special Projects Director Molendyk, Public Services Director Sapp, Building and Safety Manager Russell, Planning Commissioner Schiffner, Planning Commissioner Sands, Senior Planner Morita, Senior Planner Villa, and City Clerk Kasad. ' N -'] N WKIMMIXURN, TR 049 11 VA-DJ None. 1. ilndate on TMC Liberty Project. (F:150.2) Mayor Pape noted the topic to be discussed. City Manager Watenpaugh introduced Special Projects Director Molendyk who has been working with TMC's staff. Special Projects Director Molendyk noted that TMC has been working in the floodplain area for quite a while and changed the concept in the last few months from the traditional approach to the new concept called "Liberty". He further noted that a constant question that has been asked is when the project is going to start, and the purpose of this meeting is to discuss TMC's Phase I project which is planned to start in spring of 1998. Special Projects Director Molendyk noted the very qualified consultant team that TMC has put together who are working to begin bulk grading in March of this year. PAGE TWO - STUDY SESSION - DECEMBER 18, 1"7 He explained that the purpose of this meeting is to try and save a step and hasten the project along. He reminded the people present that the project is in RDA Project Area III, and noted the explained that consultants present at this meeting. He TMC wants to clarify the steps for the Council and answer any questions, and reiterated TMC's intent to start in spring u 1998. l a a He introduced Mary Lynn Coffee, General Counsel for TMC. Ms. Coffee explained that meetings were held in the fall to discuss the vision for "Liberty" as a project and specifically Phase I. She commented on Cooper - Robertson, Master Architects and their exciting vision regarding the recreation of the "American Home Town" which is surrounded by open space and next to "Stadium Town" which is anchored by the Stadium. She noted that the theme and vision for the project is in place and explained that it is time to proceed with the project. She made note that they are the team responsible for getting the necessary entitlements and approvals for the first Phase and their attempt to place the project on an accelerated schedule. She explained that TMC's goal is to begin ground work in the spring, with models Open by July 4, 1999. Ms. Coffee explained the approvals necessary for the project, which is located in the back basin and noted that it is a long list, as stated in the 1993 Eastlake Specific Plan, which includes the Army Corps of Engineers, the Flood Control Agency, the City and EWA She emphasized the Phase I Area on an exhibit map, and stressed the approvals necessary. She explained that the team assures them that they know what approvals are necessary and they will get them in place on time. She further noted that they will concurrently seek approvals from other agencies. Ms. Coffee explained that the City will be involved in the Specific Plan Amendment, Grading Plan approvals,, and Tentative Map approvals, etc. She commented that the first logical approval is the Specific Plan Amendment and noted that there are some refinements needed under the current plan to assure that it is consistent with the constructed project. She explained that they have reduced some intensity and density on the residential and commercial Portions. She fiuther noted that the project as proposed, will have less environmental impacts then that of the 1993 Specific Plan Amendment She introduced the entire team present for this meeting. Steve Ross, representing the Planning Center, explained that he would like to spend some time reestablishing familiarity with the Liberty project location, size and magnitude; followed by focusing on the proposed first Phase plan as well as reviewing the schedule anticipated for the project. He noted that this is intended as a heads up meeting with the intent to facilitate an accelerated schedule and will help them to move quickly for approvals. He presented slides to familiarize Council and the audience with the project, which included an aerial photo of the Lake, the Liberty property, the Airport and I- 15. He stressed the size and magnitude of the property. Mr. Ross stated that the advantage in planning this property is the opportunity to complete the end of the Lake. Mr'. Ross presented a second slide of an aerial straight down on the property and relationship to existing developments and. detailed the size of the property, being 2 -1/2 miles across and compared the property to central pa�lcist�Ie� Yc� aad `ice Leh; SaiatalBeaeh a+orl PAGE THREE - STUDY SESSION DECEMBER 18, 1997 Beach, showing the property to be significant in size and scale. He also compared Eastlake/Liberty project in size to the City of Pasadena which shows the significance of the area. Mr. Ross'presented a slide of the First Phase of Liberty and stressed that it will build out over a period of years, due to the overall size of the property. He gave an overview of the area in context of the overall 3,000 acre area. He noted that the location is in center of the larger plan area, a bit to the east and detailed the existing road configuration. Mr Ross noted two important components of the Liberty plan being: 1) that the plan is based on a Stadium Town, which takes the lead from the Stadium and recognizes commercial area for entertainment, including sports oriented and specialty retail, which is a ground breaking type of commercial facility; and 2) noted the series of residential phases to the south and detailed the residential area consisting of a variety of neighborhoods and a range of housing styles. He explained that adjacent to the neighborhoods is a Lake with a considerable amount of frontage and could be a mixed use area with the potential for retail with offices or residential above. He emphasized that this is an important community center point and stressed how important the visual link to the lake is to the project. Mr. Ross made note of a nicely done main street facing the Lake, and explained that TMC is also proposing 36 holes of golf with 18 holes wrapping around the residential neighborhoods. He noted an open space area on the other side of the channel for a future golf course. He explained that in order to accomplish this plan, they need to make refinements to the Specific Plan and that application will consider the area designated, which is about 780 acres. He presented an exhibit of the existing land use plan vs. the amendment proposed. Mr. Ross highlighted important factors as illustrated on the exhibit and explained that the level of development is considerably less than that shown on the old plan. He noted that they have clustered the acres in a more compact manner with about 200 fewer acres of development, and over 215 acres of additional open space as proposed in the specific plan amendment, which was not part of the original plan. He further explained that the area highlighted shows the residential complex with mixed use at the center and the Lake as the focal point of the downtown area and various blocks of residential including R -1, R -2 and R -3, with no R4 development. He noted that the intensity has been reduced by the proposed Specific Plan Amendment and presented copies of the diagrams. He explained that the Specific Plan Amendment adds considerable open space for the golf courses and noted the environmental implications of the project. Mr. Ross explained that in the original Specific Plan there was a multi- species habitat corridor in the center of the plan and highlighted the area. He noted that they have relocated that corridor in a manner believed to be a better solution for providing habitat and species migration potential in the plan. He explained that the river is surrounded by open space and would be preserved in that context, and noted that previously it was surrounded by roads and other kinds of development. He stated that this is seen as a preferable solution environmentally and nothing outside the phase I area will change. He reiterated the area of the phase I portion. Mayor Pape questioned the proposed acreage of the lake. Mr. Ross stated that it was about 23 acres in size, not a pond; and will play a role in flood storage and hydrologic challenges. He also noted that the development areas are set above the 1265' level with respect to flood storage. Councilwoman Brinley questioned the depth. Mr. Ross stated that it was proposed to be 8 to 10 feet. Ms. Coffee stated that the proposed lake does not connect with the channel or the Lake and is considered an upland lake. Ms. Coffee noted Harlan-Glenn is the designer of that portion. Councilwoman Brinley questioned whether there would be boats on the lake. Ms. Coffee stated that it would below intensity such as paddle boats or small sailboats. Councilwoman Brinley asked if there would be jet skis. Ms. Coffee stated that there would not. Special Projects Director Molendyk noted that this is similar to Eastlake in Yorba Linda or Woodbridge in Irvine. Mr. Ross noted that the lake at Rancho Santa Margarita would be equivalent to the proposed lake in Liberty. He pointed out that the golf course will be open to the public. Councilwoman Brinley questioned whether swimming would be allowed in the lake. Mr. Ross stated that there would be no swimming. He offered to answer further questions about the plan. Mr. Ross addressed the schedule and presented the entitlement schedule, detailed the major milestones for construction, and pointed out that through an environmental analysis determined that the impacts are equal to, or less than the original impacts in the EIR. He detailed the specific dates for presentation and consideration; and stressed that this is a very aggressive schedule since they would like to commence grading in early April. Councilman Metze questioned consideration of other agency approvals. Mr. Ross clarified their intent to give a clear summary of the schedule. Councilwoman Brinley questioned schedules for other agencies. Mr. Ross indicated that there is a 7 or 8 page schedule. Special Projects Director Molendyk suggested a line by line review, to show that the bases were covered and stressed that there is a list of all of the things to be accomplished. Council requested a copy. Special Projects Director Molendyk stated that he would provide the documents to the City Manager's office for Council. He noted there is also a Hex 5 run that must be addressed. Councilman Metze clarified that he doesn't want people to think the other agencies are being ignored. Councilwoman Brinley suggested copies from staff should also go to the other agencies to facilitate them receiving the same information in a timely manner. Ms. Coffee indicated that the processes are underway and information has been shared. She noted their meetings with Water District, School District, Flood Control and Corps of Engineers. She explained that they have scheduled presentations with other agencies similar to this one and detailed PAGE FIVE - STUDY SESSION - DECEMBER 18, 1997, the processes running concurrently. She explained that the focus today is on the City's process, Councilman Metze noted that the press would not be there for all of those presentations. Councilwoman Brinley stated that the other entities should receive the same information as the City. Ms. Coffee concurred. She stated that she understands that the City needs to keep tabs on what must be done. She pointed out that the non -Phase I area in the Specific Plan is not changing in any way, and in addition, other than changes in the specific plan document, nothing else with respect to phase I changes. She frther noted that all of the mitigation, monitoring, and approvals will all remain the same. She stressed that there are only minor land use designation refinements and clarified that the San Jacinto River serves as a boundary for the golf course and will not be impacted by the golf course. She further stressed that the conservation designation will not be impacted. Councilman Alongi questioned why there was no presentation on how many students will be generated by the first phase and where the school will be located. Ms. Coffee stated that this does not change from the original Specific Plan, and noted that the Specific Plan requires a mitigation agreement with the School District prior to City's approval of the Tentative Map. Councilman Alongi questioned if there was a conclusion yet. Ms. Coffee stated that there was no conclusion at this time, however mitigation will be as set forth in the Specific Plan. Councilman Alongi questioned fire protection, and if it would be more than a 12 minute response. Mr. Ross stated that mitigation measures in the original documents would apply here and basically it will refer to those requirements in the Specific Plan. Councilman Alongi stressed the development of the first phase and asked what will happen to the fire station if the second phase does not proceed. He also questioned what happens with the School District if it does not proceed. Mr. Ross indicated that in conjunction with the Tentative Map process, the fire, police and other public agencies must stand up and confirm that they can and will provide service to address this development. He stressed that it would be addressed in detail and resolved as part of the approval process. Councilman Alongi questioned parks and stated that he knows what the specific plan calls for, however he does not see parks, beyond the golf course. He stressed that he has not seen mention of parks in the first phase. Mr. Ross stressed the original Specific Plan and the ratios by which public services including parks will be provided. Councilman Alongi stressed that there is a problem with the amendment addressing the parks and stressed that the total development of Eastlake was in the original plan, but now TMC is addressing the first phase alone. Ms. Coffee stated that it was set forth in the Specific Plan for residential designation which includes parks at a certain acreage amount. She noted that a park will be addressed at unit 100 or so in the residential bubbles. Special Projects Director Molendyk clarified that in the original Specific Plan there PAGE SIX - STUDY SESSION DECEMBER 18, 1997 was a school with a park adjacent to it in this phase, he also noted another conversation with regard to whether they would be public or private parks and that is yet to be decided. He stated that he believed that in the plan there is an elementary school and city park adjacent. Ms. Coffee stated that there is an allowance for a school site within the plan and the area is available and that is now being worked out. She stressed the variable of students based on what the School District wants. She stated that the project has the flexibility to accommodate the needs, however it will depend on the School District. Councilman Alongi stated that the most important issue at this time is the golf course and questioned the drainage of the course. He compared it to the golf course at Canyon Lake and noted the run off of reclaimed water which is used to irrigate the course which then runs off into the San Jacinto River and into Lake Elsinore. -He expressed concern with the reclaimed water runoff from this golf course and understands that they will be draining this to another wetland area, but expressed hopes that in their formulation it would never be into the San Jacinto River, which in turn would go into the Lake. Mr. Alan Swanson noted that the golf course will generally be below grade and the run off that hits this area will mostly be rainfall and a minor impact of run -off from the residential. He explained the flow from the golf course will be pumped into a water quality wetlands facility which goes through a biological purification process before it flows down the natural contours into the back basin area where the wetlands exist. He noted that they are not looking to see any of the pollutants going into the back basin from the golf course that occurs from rainfall. Councilman Alongi stated that he is not concerned about the back basin, however he is concerned about the area of the golf course that runs along the San Jacinto River. He asked if there was some type of protection that would prohibit the water on the golf course from entering the river. Ms. Coffee stated that the river will be protected from golf course run -off. She stressed that the golf course is lower than the river, and they will use the water quality wetland system to pump away from the river. Mr. Swanson indicated that there is no free drainage due to the golf course being below grade and it must be pumped to facilitate drainage. Mayor Pro Tem Kelley stated that she understood that EVMWD was not interest in looking at Liberty in phases but rather the mitigation for the entire project. She asked whether that had changed. Ms. Coffee indicated that they are looking at the entire development as specifically planned and looking at Phase I in the context of the entire plan. She explained that if they were putting together a sewer station which required a certain trunk line, then they would be required to address it in the context of the whole project. Mayor Pro Tem Kelley asked how the talks were going. Ms. Coffee stated that the talks had just begun. Mr. Scott concurred and reiterated that the water mitigation is based on entire Specific Plan, and stressed the requirements. Councilman Metze noted that the project can't move forward without EVMWD and School District approval. PAGE SEVEN -STUDY SESSION - DECEMBER 18, 1997 Mayor Pape questioned if it was more economical to build their own plant. Councilman Metze questioned how much of the 800 acres they own. Ms. Coffee stated that they have the right to acquire the entire area short a few small parcels. Councilman Metze clarified that they do not own the property yet. Ms. Coffee stated that they have the option to buy at a set price. Special Projects Director Molendyk noted that it is typical to wait for governmental approval prior to acquiring property. Councilwoman Brinley stressed that they would own the property before grading permits are approved. Mayor Pro Tem Kelley questioned the airport below Phase I and whether there have been talks with the owner of the airport. Ms. Coffee stated that she has not spoken with him prior to this morning and the relationship between Phase I and the airport had been addressed. She explained that there -are no entitlement or approval problems with that area. She noted that the land located closest to the airport is the recreational golf course and will provide a buffer zone. Larry Noggle, Manager of Skylark Airport, commented that he finds this project very overwhelming with all of the consultants. He noted that he has tried to meet with Mr. Olson to discuss the airport and has been very disgusted with Mr. Olson and TMC because no phone calls have been returned in regards to the placement of the airport. He explained that he was told by Todd Olson a year ago that they would be glad to work with him on a mutually agreed upon site, however what has been indicated right now, is if this project is approved the airport is dead. He stressed the need to stop this project and find out if the airport is part of the Master Plan. He further stressed that as it is now, the airport can't happen and skydiving is gone. Councilman Metze inquired why this was so. Ms. Coffee indicated the airport and location are as set by the 1993 Specific Plan, and it has not changed. Mr. Noggle stressed once there are amendments it is a whole new situation. He explained that he spoke with Mr. Olson regarding buffering the airport with a golf course, but currently the airport has been pigeonholed in a corner. Councilwoman Brinley suggested setting a meeting be set with Mr. Olson and Ms. Coffee. Ms. Coffee concurred. Mr. Noggle stressed that the airport needs to stay about where it is. Mayor Pape questioned the location of the airport. Mr. Noggle clarified. Ms. Coffee noted that in later phases there might be an amendment for moving the airport. Mr. Noggle indicated that he was told that the airport had to move because it would go over a four star hotel. He asked that he be able to negotiate on everything south of a designated road to resolve his problem. Councilwoman Brinley stressed that a meeting needed to be held with Ms. Coffee and the other people involved. Mr. Noggle stressed that there has been no return phone calls in the last year from TMC and he is very frustrated. Councilman Alongi stressed that it is imperative to know where they are with all the other agencies and he does not want to see City staff proceed and have it held up by another agency. He commented that he concurred that the airport is an important issue and is very concerned with the Water District. PAGE EIGHT - STUDY SESSION - DECEMBER 18,,1997 Mayor Pape noted that Special Projects Director Molendyk needs to keep the City notified of the status. Councilman Metze clarified that the School District and Water District are not the City's problem. Councilman Alongi concurred. Special Projects Director Molendyk stated that in answer to the Mayor's comment, the purpose of this meeting is to give TMC a sense of what concerns the Council and to allow them the opportunity to answer any questions that Council might have to gain a comfort level. He commented that Mr. Noggle's comments will be passed on and noted that he had a meeting with the airport about a year ago. He stated that he knows Mr. Olson is aware of the concerns, but he will make sure the it is put on list of things to do. Special Projects Director Molendyk noted that Ms. Coffee is sensitive to where they are with the other agencies. He stated that these things are being taken care of, and they cannot get a grading plan or map approval without the other approvals. He further noted the open space and golf course which is a better plan than previously presented. Councilwoman Brinley stressed that Council is past the talking stage and is now into the process and they have to meet with other agencies to move forward. Special Projects Director Molendyk stated that if Council so desires he would be glad to call Dr. Long or General Manager Hoagland in the future. Councilman Metze would like to be apprised on Mr. Noggle's concerns which is more of a concern than what is occurring in the other agencies at this point. Mayor Pape noted generally there are problems with the Water District. Special Projects Director Molendyk noted it is his intent to be sensitive to concerns of the Council. Councilman Metze questioned the cost of fees for staff. Ms. Coffee stated that they are paying for staff time on this project. City Manager Watenpaugh reassured the Council that they will be kept apprised of the activity on this project. Special Projects Director Molendyk stressed that as a City representative he met with TMC this week to try and go over important issues, and the meeting today with Council is to note specific concerns that need to be addressed. He explained that the only new issue that TMC has not discussed with him is the airport issue and he will talk to Mr. Olson about this matter. Councilman Metze noted that is the only issue the City can directly address. Special Projects Director Molendyk stressed that it is on his check list to communicate with the Water District, and other agencies, also there has been discussion regarding this plan for quite some time and the purpose of this meeting was to show what TMC is proposing and provide the opportunity to address new questions. Mayor Pro Tem Kelley noted that the new concept is much more desirable than the old concept and will be very unique and attractive with all the components; however she wants to be sure all parties are happy. PAGE NINE - STUDY SESSION - DECEMBER 18, 1997 Councilman Metze noted the old town style planning which has been mentioned frequently (neo- traditional). Special Projects Director Molendyk noted that this plan will offer more safety and compatibility and give more flexibility for the airport due to the buffer zone. Ms. Coffee stressed that this presentation was geared for the upcoming amendment and future presentations will be sensitive to providing updates on other agencies. She noted that the airport caught them by surprise because it is not in Phase I, but explained that this plan is more conducive to where the airport exists now. She stressed the open space buffer of the golf course and noted that they will be talking with Mr. Noggle about the airport. She finther noted that with all the stated concerns in mind, they will provide updates at future presentations. Councilman Alongi questioned the density per acre. Ms. Coffee stated that it is set by the Specific Plan and is not going to change. Councilwoman Brinley noted the R -1, R -2 and R -3 breakdowns and questioned the densities. Mr. Ross advised that the R -2 average is just under 8 units per acre; the R -1 average density is just over 3 units per acre and the R -3, Multi - Family is an average of 16.5 units of garden style apartments. Commissioner Sands noted the reduced development plans with the original number of homes in Phase I. Mr. Ross explained that the original plan had nearly 3,000 homes, while the current proposed dwelling unit count for this phase is approximately 1,800 homes. Mayor Pape noted that all of the concerns seem to have been addressed and looked forward to the start of grading and noted he would like to see it done in a timely manner. 1 1 I.Q 10 THE CITY COUNCIL STUDY SESSION ADJOURNED AT 11:36 A.M. X TE.ST: CITY CLERK W. PAVE, MAYOR MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 30, 1997 KLIX41 The Special City Council Meeting was called to order by Mayor Pape at 10:05 a.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY,PAPE ABSENT: COUNCILMEMBERS: METZE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Services Director Sapp, Assistant to the City Manager Best, City Engineer O'Donnell and City Clerk Kasad. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 3. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Received and ordered filed the following Minutes: a. Planning Commission Minutes - November 19, 1997. b. Planning Commission Minutes - December 3, 1997. (F:60.3) C. Design Review Committee Minutes - November 19, 1997. d. Design Review Committee Minutes - December 3, 1997. (F:60.4) 2. Ratified Warrant List for December 15, 1997. (F:12.3) 4. Rejected and referred to Claims Administrator for handling the Claims Against the City submitted by Eric Godfrey (CL #97 -27), John Ulrich (CL PAGE TWO - CITY COUNCIL MINUTES - DECEMBER 30, 1997 #97 -29) and Slavic, Bonebrake & Capriotte (CL #97- 30).(F:52.2) 5. Approved Public Hearing date of January 13, 1998, for the following: a. Tentative Parcel Map 28712 - Countrywide Homes. (F:110.2) ITEMS PULLED FROM THE CONSENT AL NDAR 3. Presentation of the F/Y 1996-97 Annual Audit & Financial RQQA. (F:24. 1) City Manager Watenpaugh highlighted the annual audit and financial report; and explained that it was completed and presented by Thomas, Bigbie & Smith. He advised that the City received an "unqualified" opinion for the year, or a clean bill of health. He noted the summary of the accounts and indicated that a complete copy of the report is available at City Hall. He detailed the general fund reserves, as of June 30, 1997 and advised that after deductions, the $2 million reserve was maintained. He noted that there will be a mid -year review of the budget on January 20th with the Goals & Objectives. Mayor Pape congratulated staff and Mr. Boone for the accounting award received this year. Chris Hyland, 15191 Wavecrest, .addressed a newspaper article which indicated that the RDA will come up $500,000 short this year, but noted that last year it was 800,000. She questioned if the amount would not be the same this year. She noted the statement that the City will need to pinch pennies to address future costs, and suggested that there are some high end jobs which could be laid off to allow for brining back less expensive employees. She further noted that she heard there was a possibility of there being CFD assistance to TMC in the amount of $5 million; and questioned what happens if they run away with the money, "like they did in Riverside ". City Manager Watenpaugh noted page 3 of 3 of the audit report; and clarified the balance as of June 30, 1997. He expressed uncertainty with regard to the question about the $500,000 shortfall, but indicated that the money transferred from this year's budget for a subsidy, was just under $900,000. Administrative Services Director Boone noted that he did not read article yet, however he did discuss the assessed value reductions with the press representatives, which were about $500,000 in losses over the last two years. He indicated that the City did assist the RDA with $820,000 this year and it is anticipated that amount will be about $968,000 in the coming year. Councilman Alongi questioned the report, noting that he was not sure why this was being done at a special meeting, when it could have been considered on January 13th. He questioned page 1 of 3 of the report regarding the General Fund Reserves on June 30, 1997. He questioned the General Fund Reserve of $3 million and questioned whether this was saying that there were no other deductions from June 30th to present; or if the amount of money to come out of the $3 million to December 30, 1997 is known. He inquired PAGE THREE - CITY COUNCIL MINUTES - DECEMBER 30, 1997 how much is in the reserves right now. Administrative Services Director Boone indicated that there is presently about $2.1 million if funds are not preserved for cash flow advances, such as the Lighting and Landscape Maintenance District. Councilman Alongi questioned why LLMD funds were coming out of the reserves, and not out of the LLMD account. Mr. Boone explained that the City will not receive the first LLMD check from the County until next month. Mr. Alongi inquired if this reimbursement would put the reserves back up to $2.1 million. Mr. Boone confirmed and clarified further. Mr. Alongi questioned the loans listed as payable to Library fund and Park fund. Mr. Boone clarified the loan amounts. Councilman Alongi reiterated that this matter should have been discussed at the meeting on January 13th. He further questioned where the funds for repayment of the loans would come from. Mr. Boone indicated that the funds would come from either the reserves or waiting for general fund revenue to increase and pay them back. Councilman Alongi questioned if the same could be done with the parks. Mr. Boone indicated that there was no revenue source to do so. City Manager Watenpaugh clarified the sources of revenue in the parks fund and the library fund. Alongi stressed the outstanding loans, and where the repayment will come from. Mr. Boone stressed that there would need to be a new revenue source or use the reserves. He stressed the funds which were borrowed and the limited ability to use them. Mr. Alongi stressed that they were borrowed to balance the budget; and suggested that the money could have been borrowed to keep the parks open. Mr Alongi noted page 3 of 3 and a reference to the RDA debt service funds for the three project areas and requested and explanation of those figures. Mr. Boone clarified the debt service, set aside and capital projects funds. Councilman Alongi qucs�ioned the 20% set -aside from the tax increment for housing, etc. Mr. ,Boone clarified that of the funds listed the only fund controlled by i k" ;; PAGE FOUR - CITY COUNCIL MINUTES - DECEMBER 30, 1997 UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE 1996 -97 ANNUAL AUDIT AND FINANCIAL REPORT. No Comments. CITY MANAGER COMMENT No Comments. CITY ATTORNEY COMMENTS No Comments. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 10:24 A.M. ATTEST: -S Cl CLERK CITY OF LAKE ELSINORE tOR TORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, 3091997 ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CALL TO ORDER The City Council Study Session was called to order by Mayor Pape at 11:23 a.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Legal Counsel Leibold, Administrative SErvices Director Boone, Community Services Director Sapp, Assistant to the City Manager Best, City Engineer O'Donnell, Building and Safety Manager Russell, Police Chief Walsh, Fire Chief Seabert, Special Projects Coordinator Molendyk and City Clerk Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS Two requests were received to comment on Item No. 1 and deferred to that discussion. ii - I k 0 -IC741 _5 .TIS e . City Manager Watenpaugh explained that the City is non - entitled and receives funds as a pass -thru from the County. He further explained that the pass -thru is based on the population of the City, and noted that only 15% of the City's allocation may be used for social service programs. He further noted that the City has requested the ability to utilize percentages not used by other cities for social services, which could mean an additional 12% for social programs. He explained that the balance is to be used for public works projects, which generally assist in improving blighted or low income areas. He further explained that the Senior Center is a directly funded program and noted the areas in which funds may be used. He advised that while the City has an anticipated allocation of approximately $190,000, there are eleven requests for a total of $327,339.00. He detailed the requests for both public works and social service programs, and presented the staff recommendations for funding. He noted the presence of representatives of some of the requesting agencies at this meeting. Mayor Pape noted that this is an annual process which does not get any easier; and expressed frustration with the number of requests vs. the available funds. Liza. Daniels Wolford, representing Alternatives to Domestic Violence, detailed the services which have been rendered to the City by ADV. She stressed that their focus is on families and children in domestic violence situations. She noted that there is an increasing number of men now calling for assistance. She advised that out of nearly PAGE TWO - CITY COUNCIL STUDY SESSION - DECEMBER 30, 1997 10,000 calls last year, there were 319 from the City of Lake Elsinore and surrounding area. She also presented statistics on the support counseling provided, shelter provided, assistance to seniors, outreach through the churches and transitional housing assistance. She noted that they are now also working to provide training to the private sector regarding domestic violence in the workplace. She further noted that until last April they had a facility in Lake Elsinore, but it was closed due to lack of funding. She clarified that they want funding to augment the services provided, but services will continue with our without funding. Julia Gronson, representing Tender Loving Missions, clarified that their proposal for $63,000 is the total amount they would need to make the required changes to assist the City and surrounding areas for a shelter during cold weather, emergency services and temporary displacements. She indicated that they have provided some services for five years without any funding, but there is a need -for emergency situation housing. She noted that staff has recommended that they not be funded, and concurred that there are many worthy causes which need money. She requested consideration of any amount of funding possible and noted that they are also working with the County for funding. She stressed that there is no shelter in this area and people must make their way to Riverside for shelter. Pastor Butenshon, representing HOPE, wished all a blessed new year, and congratulated the City on its award for accounting practices. He offered to answer questions, and noted that they have had an excellent year and things are going well at the center. He noted the commitment and dedication of the volunteers and indicated that they are asking for a total of $20,000, which will be sufficient for this year. He noted that last year they requested $40,000, but that included the purchase of a new van, which was not necessary because Councilwoman Brinley worked with RTA to obtain a van, which cost only about $1,500 to get it in good condition. He noted the blessings of individual donations and corporate donations to make their program a success. He indicated that the City contribution takes care of utilities, rent and transportation costs. He advised that this year they have added a program which assists other agencies in developing similar programs. He further advised that this year they provided 40,000 packaged meals. He noted that they are currently helping a group in Sun City to get their program going. Mayor Pape noted that the good news of HOPE is spreading. Mayor Pape reiterated the limited funding allowed for public service programs; and noted that one area which has been funded in the past has been the Senior Center, which takes up most of the public service program funds. He noted the large number of good programs, and noted that he toured the Operation School Bell facility, which was very impressive and had many volunteers. He suggested to the Council that funding of $2,000 each be given to HOPE and Operation School Bell, with a little reduction in the amount given to the Senior Center. He stressed the appropriateness of providing equal amounts to each of the two. He further stressed the services provided by Operation School Bell in providing new clothing, school supplies and backpacks, based on referrals by school administration. He reiterated that many children in Lake Elsinore benefit from the program. He indicated that with regard to the request from the Fire Department, the Jaws of Life equipment replacement is very much needed as the current equipment is about 15 years old. He stressed the technological improvements and supported this recommendation. He noted the request for $58,000 for curb, gutter and sidewalk improvements, it might be better to funnel those funds over the Spring Street, and stressed the poor condition of that PAGE THREE - CITY COUNCIL STUDY SESSION - DECEMBER 30, 1997 street. He indicated that he would support funding $30,000 for Code Enforcement for Structure Abatement; and noted while it is not nearly enough, but will start to make a dent with a little fimding each year. He stressed that some of these properties are becoming a problem for the Police as well. Councilwoman Brinley questioned the Senior Center and how much funding they receive from the County . City Manager Watenpaugh indicated that $30,000 has been requested from the County. Mrs. Brinley noted that funding is barely keeping the Center intact, but she was thinking of doing a bit more for HOPE and Operation School Bell. She stressed the success of Operation School Bell in maintaining the dignity of the children, and noted the good work of HOPE for Lake Elsinore and surrounding area residents. She stressed that she would like to see them given a little bit more. She commented that she appreciates the Senior Center, but there are other concerns in the Community . She further commented that children are the number one priority, and she would like to see the two programs get more money, and suggested $3,500 or $4,000 each. Mayor Pro Tern Kelley reviewed the figures and stressed the extreme difficulty of this decision. She stressed that all of the services are important to the community. She noted that she has referred some of her own students to Operation School Bell and stressed the difference they can make on a student's self esteem. She commented that the biggest problem is how to distribute the available funds equitably. She noted that she has inquired and none of these dollars can be transferred to park maintenance. She questioned the anticipated additional 12% for public service programs, and the certainty that it would be received. Community Services Director Sapp indicated that it may not be received, in which case a reallocation of dollars would be needed. Mrs. Kelley concurred that sidewalks are very much needed. She noted Fire Chief Seabert requested $37,000, but staff was only recommending $22,000, and questioned what else was requested. Chief Seabert indicated that the additional funding would have been for lake rescue equipment, backboards, a blower, a chainsaw, and fast water rescue equipment, some of which is replacement equipment and some is new. She clarified that the $22,000 is for the replacement of the Jaws of Life only. Mrs. Kelley questioned whether there was any anticipation of County dollars for the Fire Department. Chief Seabertt indicated that they are seeking funds from the County as well, but are not certain what the. County will provide. Mrs. Kelley commented that the Senior Center receives a large amount of dollars every year, and it is hard to be lopsided and fund one program completely, at the loss of others. Councilman Alongi concurred that this is always a very difficult decision to make, and he is joyful when he can agree with the Council on the importance of the children. He commented on the election and indicated that the Community had an opportunity to vote on the services they would support; and Structure Abatement was voted down, but now there is a proposal to fund Code Enforcement. He indicated that he supports Code Enforcement, but $30,000 will not be enough; and suggested that the City should enact an ordinance that when an owner refuses to cooperate their building is boarded up, preventing the accumulation of funds placed as liens which take a long time to recoup. He suggested that $30,000 be used for public safety to address the new school bus requirement that they stop and flash their lights, by placing signs on the approach to school bus stops. He indicated that he would like to put more into curbs and gutters. . He noted, that children are required to walk further to school now and stressed the need for more sidewalks in the areas near schools. He indicated that he does not disagree with the problems on Spring PAGE FOUR - CITY COUNCIL STUDY SESSION DECEMBER 30, 1997 Street, but he would rather have his car bump a little than have the children walking in unsafe areas. He concurred that the Fire Department request was very important, but stressed the importance of deciding where to get the best benefit from the dollars available. He indicated that tearing down properties and liening property is not a good approach. He noted that people also had the opportunity to vote on funding the Senior Center, and voted it down. He concurred that other services such as HOPE and Operation School Bell are also important. He stressed that the children need to feel that they are the most important commodity; and indicated that if the Senior Center must close two hours a day or something else, then they need to do so. He concurred with Mrs. Brinley to give $2,000 more to HOPE and School Bell, and stressed that they have provided services to a large part of the community. He indicated that he does not agree with the $28,000 proposed for the City study; he suggested that the RDA should be responsible to pay it back and noted that it is wrong to take that money when services are needed. He stressed his concern for the children and suggested bus stop signage to make it safer. He commended staff for doing a great job of putting the proposal together and thanked Mrs. Brinley for her concerns. Mayor Pro Tem Kelley commented that she recently attended the retirement of Officer Van Hofwegan from the Sheriffs Department and noted the recent drop in the crime rate. She asked at that time what the biggest help could be for their efforts and their overwhelming response was Code Enforcement, indicating that certain houses are becoming continuing problems. City Attorney Leibold clarified that the Planning Study relates to the General Plan, and the Housing Element is a mandatory element of the General Plan; and stressed that this is a separate and distinct document from the RDA document. Councilman Metze questioned the staff report with regard to the ADV request. Mr. Sapp clarified a typographical error, but clarified that ADV should be under public service programs. He further clarified that Code Enforcement is a separate category. Mr. Metze complained about the 85% - 15% distribution and suggested that the Council should be allowed more discretion. He indicated that he is seeing only $51,000 for public service, and questioned the ability to fund all of the programs discussed. He requested clarification that Code Enforcement and the Planning Study are in a separate category. City Manager Watenpaugh clarified that studies are under an administrative portion of the program, but count against the total amount allocated. Mr. Metze stressed that every item listed is worthy of consideration, and this is never a pleasant process. He concurred that he would like to fired HOPE and Operation School Bell and if any others are considered, he would like to see funding for Alternatives to Domestic Violence. He concurred that these are good programs and that they do wonderful things. He noted that his family has decided to begin assisting with HOPE; and indicated that ADV also provides a crucial service, so if there are any more funds spread, he would like to see it there. He indicated that he would like to see the fimds spread a little further. Councilman Alongi responded to Mrs. Kelley's comments and noted that during the election the Council was asking for 100,000 for Code Enforcement, and while he understands its importance, $30,000 does not even scratch the surface of what needs to be done. He noted that he reads the weekly reports from the Sheriffs department and does not see a high level of activity in that area, but he does see them going into apartments frequently. He stressed that there are better uses for the money. He suggested that programs which relieve financial pressure on the families are more PAGE FIVE - CITY COUNCIL STUDY SESSION - 30,1997 helpful. He indicated that fencing a piece of property and posting it is not as important as trying to save a child and make them safe. He further indicated if there was more money, he would not have an argument, but there is so much work to be done with so little fiords. He commented that he would rather give some to domestic violence than putting it into a property the owner does not care about. Mayor Pro Tem Kelley noted that she only commented for edification. Councilman Alongi expressed understanding, but indicated that he has always fought for code enforcement and there is not enough money to do it properly. He suggested that there is a need to find another way. Councilman Metze questioned the ability to reduce code enforcement and put those fiords into public service. Community Services Director Sapp clarified that it is not possible based on the percentages. Councilman Alongi questioned the 15% for public services and what it can be used for. Mr. Sapp clarified that there is no limitation on what to allocate within that percentage; and noted that it could be shifted from Code Enforcement to the fire equipment. Councilman Alongi further questioned the possibility of funding half to HOPE and half to School Bell from Code Enforcement. Mr. Sapp indicated it could not but was dependent upon the allowed percentage. City Manager Watenpaugh further clarified the potential additional percentage, which would allow for a 27% expenditure for public services programs. He noted that the Council could take additional from the Senior Center, but not from the public works projects. Councilman Alongi indicated that he understands public works, but Code Enforcement is not public works. City Manager Watenpaugh confirmed, but stressed the limited areas for funding. Councilman Metze further questioned the ability to eliminate Code Enforcement and the Planning Study to add to public services. He noted that the only way at this time would be to reduce the Senior Center funding. There was further general discussion of possible shifting of the fiords. Mayor Pape stressed that residents are concerned about the impact of property needing abatement on the neighborhoods. He indicated that no one expects $30,000 to be a cure all, but it tears down a few problem properties a year and will at least start to make a dent. He suggested with CDBG funds over a period of years, will be able to address the issue. He stressed his concern for taking advantage of what is available. Mayor Pape noted this item and the need to address alternatives. He ir..11 -oz cd � uat staff is looking to continue discussions with the County Supervisor regardin. resurfacing of Mission Trail between Corydon and Malaga. He no.Je tbaf- Supervisor Buster has expressed a willingness to front the balancc of funds squired. He explained that the recommendation is that staff and Council sit down with th. County to work out the details. He recommended that they also discuss La R Street, as it is both City and County responsibility. PAGE SIX - CITY COUNCIL STUDY SESSION - DECEMBER 3% 1997 Councilman Alongi commented on Mission Trail, and indicated that he does not disagree on Lake Street; but on Mission Trail, TMC is conditioned to do total improvements on Mission Trail. He questioned whether TMC will be billed for those improvements; and inquired why the City would use CDBG funds to do their work. He stressed the need to start recouping money from developers; and reiterated that TMC is conditioned for the improvements. City Manager Watenpaugh concurred that TMC is required to make full improvements, but it is a question of timing. They have indicated that they will move forward per the original specific plan for this area, but he was not sure of the timing on that. He noted that Village One does not go all the way to Corydon, but it is a good point that needs to be addressed with them very quickly. Councilman Metze noted, this isca similar, situation to INCO Homes and questioned if the City would still be able to get reimbursement; and concurred�with Councilman Alongi. City Manager Watenpaugh indicated that he would discuss this issue with the City Attorney. , He noted that the improvements are being discussed at the request of the Supervisor. Councilman Alongi indicated that he has discussed this issue with Supervisor Buster, but there are other things with TMC, and they have accepted that specific plan, because they will impact Mission Trail. He stressed they are conditioned to make the improvements. He indicated thathe would concede that they should not do curb, gutter and sidewalk to, Corydon at this time, but the traffic impact0will be caused by their project. He indicated that he would,need something to see4he money coming back, as he doesn't want the same situation as,the car dealership; heAwants some kind of guarantee. City Manager Watenpaugh' indicated that the im*ovements can be included or it can wait until TMC does the improvements. Councilman Metze commented on the phasing of the TMC project, and suggested getting the money back over a period of time to coincide --with the phases. Councilman Alongi. concurred this was something to look at. CIty Manager Watenpaugh indicated that this item will be back to Council on January 13th. I 1 1"] tu The City Council Study Session was=adjourned TEST: SAD9 CITY CLERK CIT1 OF LA1a ELSINORE 2 tt " p.m. Cl� VIN W. P E,11YOR CITY OF LAKE ELSINORE