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HomeMy WebLinkAbout1998 CC MinutesMINUTES SPECIAL CITY COUNCIL MEETING C1TY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 6,199S *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Cal: an The Special City Council Meeting was called to order by Mayor Pape at 2:09 p.m. ROOM "A to PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: KELLEY (Mayor Pro Tem Kelley arrived at 2:20 p.m.) Also present were: City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Financial Advisors Rod Gunn and Don Hunt, and City Clerk Kasad. CLOSED SESSION a. Anticipated Litigation - 1 case. THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION FOR THE ABOVE MENTIONED CASE AT 2:10 P.M. MAYOR PRO TEM KELLEY ARRIVED AT 2:20 P.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 3:10 P.M. WITH THE FOLLOWING ACTION: DIRECTED STAFF TO CONTINUE NEGOTIATIONS WITH REGARD TO THE ANTICIPATED LITIGATION. 1 11 "411u 1 DI THE SPECIAL CITY COUNCIL MEETING WAS AT'1'LST: I �I S.: U, CITY CLERK irfTY OY aAY.,^•. ELSINORE i JOU�d'QED �l !i W. PAPE, YOR OF LAKE ELSINORE MINUTES JOINT STUDY SESSION LAKE ELSINORE CITY COUNCIL/ LAKE ELSINORE PLANNING COMMISSION '130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 6, 1998 Mayor Pape called the Joint Study Session to order at 3:15 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PRESENT: BOARDMEMBERS: ABSENT: BOARDMEMBERS: �u None requested. DISCUSSION ITEMS 1. La Laguna Specific Plan (F: 150.2) ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE BARNES, SANDS, SCHIFFNER, WILSEY MATTHIES City Manager Watenpaugh noted that there is nothing wrong with this project, however this meeting was called because there are new members on the Planning Commission and City Council who have not had a previous opportunity see to the plan. He noted that La Laguna is a rather large Specific Plan which is a part of Community Facilities District 88 -3, and is 489 acres consisting of hilly terrain. He further noted that McVicker Canyon and Rice Canyon will be preserved in this plan as natural enhanced open space. He explained that this Specific Plan represents 660 units and represents 480 Single Family- detached homes on 164 acres and 180 Single Family- attached on 25.5 acres He stated that this project will represent 211 acres of natural open -space and 71 acres of enhanced open- space. City Manager Watenpaugh explained that it is located right behind McVicker Park. He gave an overview of the location. Senior Planner Morita gave an overview of the history of the project and explained that this project is a little different than most Specific Plans, since the Development Agreement done in the early 90's entitled the project. He PAGE TWO - JOINT STUDY SESSION - JANUARY 6, 1998 noted that the reason this project was scheduled for today's Study Session was to discuss some of the design issues and design features. He further noted that this is a residential project and has no commercial development. Senior Planner Morita noted the location of the project on a map, and explained that one of the reasons that the project has taken so long is because of the different issues that have arisen as the plan progressed, which staff is trying to help resolve. He noted that there will be no apartments in the plan. Chris Weber, Hunsaker and Associates, explained that they were the Civil Engineering firm that worked on the Specific Plan. He made note of the land use plan and addressed the design of the project in which they tried to be sensitive to the natural features of the site. He gave an overview of the design of the project and made note of the different planning areas within the site. Councilwoman Brinley asked how many homes will there be at build -out. Mr. Weber noted the areas on the Map that Councilwoman Brinley cited and stated that it would be 480 homes. He explained that they do not have a product at this time, however the Specific Plan calls for a home of no less than 1,400 square feet, as well as a provision that 20% of the homes must be 15 % greater than the minimum 1,400. George Dale, owner, explained that he is just one of many owners of this project and he felt this was a fairly straight forward project. He noted that it has been in the works for the last 12 years, and gave an overview of the history of the project, of the development of the Community Facilities District and the role that Centex played in this effort. He made note of the problems they have had with Fish and Wildlife and the amount of time it has cost their project; as well as the problems that Brighton Homes' actions caused for other developers. There was general discussion of Brighton Homes and the failure of their project. Mr. Dale explained that his group is looking to gain entitlement for their project and they can proceed. Councilman Alongi questioned the phases of the proposed project and asked what the net acreage of each phase would be, to give Council an idea of how many houses per net acre there will be. `Mr. Dale stated that he did not have that information. Councilman Alongi.ciarified the area dedicated for condominiums and asked how many net acres are going to be used for this site, since that will decide the density. Mr. Dale stated that a portion of that area is going to be dedicatedto landscaping and with exception of the slope landscaping it will be net acreage. He explained that net does not reflect streets and sidewalks, manufactured slopes etc., however the pad sizes as designed are minimum 6,000 square foot pads, however there will be others that will be larger. There was general discussion in regard to the site. Chairman Wilsey noted his concerns inregard to design review are the primary theme of the project; circulation of the trail systems that will have to be addressed through that area'. the detail of the attached housing; and spelling out who is responsible for what and when. He noted that several projects from the past have come back to haunt the City in regard to the PAGE THREE - JOINT STUDY SESSION - JANUARY 6, 1998 trails, parks etc. He noted the confusion that has been experienced and suggested that particular attention should be given to this area to clarify the different areas and responsibilities. There was general discussion in regard to detail. Councilwoman Brinley asked if Mr. Dale has met with the County Trail people. Mr. Dale stated that he has not, however he will be meeting with them in the future. Senior Planner Morita gave an overview of the meetings to date and indicated that the Trails meeting will be latter in the project. Councilwoman Brinley stated that there has been problems causing this to be in the works for the last 12 years. Councilwoman Kelley questioned the guarded gate and questioned the purpose. Mr. Webber stated that there was some interest from people who wanted to do a gated community and they tried to address that in the Specific Plan and it is an option but not a fixed situation. He stated that is why they showed it on the Specific Plan and other entrance would be a card- reader gate. He explained that if the area were gated it would be private maintained streets done by a Home Owners Association. Councilman Alongi inquired if there was a park in the project. Mr. Webber explained that it would have a pocket park for the residents, which is more in line with a private park. Councilman Alongi stated that his concern is the funding to maintain even a small park. Mr. Webber stated that it would be maintained by the Home Owners Association. Councilman Metze questioned the placement of the attached Single - Family units in conjunction with the Single- Family detached. Mr. Webber explained the elevation of the property and the placement of the project. Councilman Metze stated that he would like to see Planning Commission add a condition to all of their Specific Plans and Tracts to read that the Codes and Ordinances that exist at the time of development, will be the ones followed and not the Codes and Ordinances that are in effect at the time the Specific Plan is approved. He explained that he has found that the codes at the time the Specific Plan is approved by the time the project goes forward it could be five years or more and the Codes and Ordinances have been changed, in the meantime for improvements. City Attorney Leibold stated that it depends on what the Development Agreement states. She explained that the Development Agreement is a vesting document and it vests the right to develop the property based on the rules as the existed the date of the agreement, unless the agreement specifically says "any new ordinances subsequently adopted with respect to fees or development standards will apply ". PAGE FOUR - JOINT STUDY SESSION - JANUARY 6, .1998. Mr. Webber read the section of the Specific Plan for La Laguna which . addressed exceptions to note how this addresses the changes in the rules as the City changes. City Attorney Leibold addressed the rules of the Specific Plan and how it applies to the City. There was general discussion in regard to Development- Standards and how much they can change between the Specific Plan and development of the site. Councilman Alongi stated that it is not at the Specific Plan level, but rather at the Development Agreement level that the type of requirements for the project are called out. Chairman Wilsey stated that the Development Agreement only gives vesting rights to develop the property, however the Specific Plan sets the standards. City Manager Watenpaugh stated that the Development Agreement specifies certain specifications for different items. There was general discussion in regard to standards and when the standards are placed on the project. Chairman Wilsey stated that the object of this discussion is to give direction to staff and the developer for the type of standards, product and density that the Commission and Council would like to see. Senior Planner Morita stated that a development agreement is a binding contract between the developer and the City, and explained that the Specific Plan Document is the next step that provides information and detail regarding future design, however zoning codes are not addressed in this document and the Zoning Code is addressed at the time of construction. Chairman Wilsey stated that is why the Planning Commission and Council needs to do their homework up front to prevent any problems. He noted that the Development Agreement should be provided at the time the Planning Commission and Council look at the Specific Plan to know what the project needs to have addressed. Commissioner Schiffner stated that he would like to see sufficient back -up documents on previous action to better act on current business. He noted that some of the members of the Planning Commission have not seen some of the background material. Commissioner.Sands questioned the upgrades of the zoning for this project. Senior Planner Morita explained that this was done in the Specific Plan and addressed the density..: ; -.e1VE - JOINT STUDY SESSION - JANUARY 6, 1998 .I re City Manager Watenpaugh stated that this issue was listed to allow Planning Commission and City Council to address issues and concerns regarding General Land Use. City Attorney Leibold explained the parameters of the topic and what they could discuss. Commissioner Schiffner addressed design review for large projects and asked if Planning Commission and Council should continue to review as has been done in the past or if it is possible to change this regarding Specific Plans and turn all of the design review over to staff. He asked Council's opinion. Councilwoman Brinley stated that she would prefer that the design review issues be heard by Planning Commission and not staff. Councilman Alongi stated that he felt that staff was capable of making the decisions, since the standards have been set and they should not have to go before the Design Review Committee unless there is a change from the document. 9 1i1"J, 03'180 0 THE JOINT STUDY SESSION WAS ADJOURNED AT 4:14 P.M. v If:I 1 KASAD, CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 13, 1998 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:07 p.m. The Pledge of Allegiance was led by Councilman Metze. WLTIMULIM None. 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 Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, City Engineer O'Connell, Senior Planner Villa and City Clerk Kasad. PRESENTATIONS A. Presentation - Report on Llirraly - Dave Stahovich, LQ=senting Supervisor • ffi ' Dave Stahovich, representing Supervisor Buster, advised that he was present to discuss the progress on the new library facility. He noted that the Board of Supervisors authorized staff to make an offer for purchase of the Wells Fargo Bank Building in Lake Elsinore, at there meeting of this date. He explained that they are now starting the due diligence process, which should take a couple of weeks, with further information on or about January 26, 1998. He noted that if the appraisal goes well, it cou'_d close escrow almost immediately, however if the appraisal is lower there will need to be negotiation for a lower price. He advised ;hat Supervisor Buster would like to sit down with Mr. Watenpaugh and Mrs. Kelley to work out the details, and thanked them for their cooperation on this project. He noted that this was PAGE TWO - CITY COUNCIL MINUTES - JANUARY 13, 1998 a great example of the City and County working together. Mayor Pro Tem Kelley extended thanks to Supervisor Buster, but announced the idea was from Mr. Bill Trotter of the Friends of the Library, and introduced Mr. Trotter. 0...1111• TIf. Chief Walsh provided a recap on the holiday patrol for the Christmas season and noted extra patrols in retail areas of town, which started the day after Thanksgiving and ran through the day after Christmas. He explained that there were about six extra officers daily, and all holiday shoppers and visitors to retail centers saw high visibility. He advised that there were no significant occurrences during the season, and noted that the extra patrols were provided through a State grant. Mayor Pape commented that this was good news and offered congratulations to Chief Walsh and the department. Requests were received to address the following items and deferred to those discussions: Item Nos. 7, 8, 31 and 32. The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 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. 1. The following Minutes were approved: a. Special City Council/User Group Meeting - November 17, 1997. (F:44.4) b. Special City Council Meeting - November 24, 1997. C. Regular City Council Meeting - December 9, 1997. 2. Ratified Warrant List for December 30, 1997. (F:12.3) 3. Rejected and referred to Claims Administrator the Claim Against the City submitted by the County of Riverside (CL #97 -28). (F:52.2) PAGE THREE - CITY COUNCIL MINUTES - JANUARY 13, 1998 La s Diversified Landscape in the amount of $84,236. (F:95.2) . _ • ' 01 =IIII$ III W97 Is •• City Manager Watenpaugh noted the prior discussions of this item and explained the requested action for this evening. He explained that it is a revision of the original plan and detailed the proposed use and location. He noted that it went back to the Planning Commission and they did not agree with the proposed findings by staff, so this time the applicant was informed that they were denying the Zone Change and detailed their discussion. He recommended that the Council uphold the Planning Commission decision and further detailed the recommendations. Mayor Pape opened the public hearing at 7:16 p.m., asking those persons interested in this item to speak. The following persons spoke: Dan Kline, representing the property owner, expressed hopes that it was clear that this proposal was for a rezone from M -1 to C -M zone. He expressed concern that the recent discussion does not take into account the findings in November. He explained that after extensive review there were recommendations to grant the zone change to C -2, but the Board was tied at 2 -2 and it was to be revisited for splitting of the lot and rezoning. He expressed uncertainty as to how the findings now could be as opposite to those in November. He indicated that their proposal was consistent with the General policies and General Plan of the City. He clarified that they are requesting approval for a restaurant to be allowed with a drive -thru behind it. He stressed that the drive -thru will not be visible from Collier, as it will be behind the building. He encouraged the Council to find the zone change to be consistent, and stressed that this location is a good place for a drive -thru. He noted comments that a restaurant might become run -down, and encouraged the Council to visit the existing SS Burger Basket to see the quality maintained by the owners. He stressed that there are no food establishments close to the Outlet Center, and suggested the need to keep people in the Community with their money. He indicated that the Council should uphold the City's prior promises. Dan DeSimone, 31985 Machado, spoke in opposition to this proposal. He indicated that he feels the area needs master planning, and stressed that it is a window area to Lake Elsinore. Hearing no additional requests to speak, the public hearing was closed at 7:24 p.m. PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 13, 1998 Mayor Pro Tem Kelley concurred with Mr. DeSimone that master planning is needed and it is a gateway to the City near the Outlet Center. She advised that she previously supported the project because she feels there is a zoning problem in that area and it should be addressed prior to development of a project in the area. She stressed that the General Plan needs to be consistent with the development. She reiterated that she supported this project the first time and will do so again. She encouraged consistency with the General Plan before projects come before the Council Mayor Pape questioned the current zoning in that area. Senior Planner Villa advised that it is currently zoned M -1. Mayor Pape inquired whether that zoning would allow for drive- thrus. Mr. Villa indicated it would not. Mayor Pape noted that the applicant was aware of that zoning up front. Councilwoman Brinley noted that the Council was not present for prior consideration, but her thoughts are that it is not a proper location for a fast food restaurant. She concurred that a master plan is needed in that area, as well as more study. She indicated that she would like to address this area and see it changed to C -M to allow a restaurant, but not a drive -thru. She clarified that she made no promises to the applicant. Councilman Alongi indicated that this is an important area, however there is an applicant who has been here a couple of times and was promised a Study Session which did not occur. Councilman Alongi indicated that he met with them and City staff, and at no time was the developer told this project would not be approved if he did not make those changes. He indicated that he opposed this project because he did not want to see the zone changes on the entire site. He noted that the applicant tried to contact him several times, but stressed that discussion needs to be done at the dias. He suggested that if the area is developed into an International Center, there will be a lot of people wanting to eat, and stressed the need for appropriate services if areas are going to develop. He stressed that this applicant stepped forward and tried to comply with the requests of the City; and while he doesn't necessarily agree that is the type of project to go there, it is not fair for the owner to be held up on building his project. He indicated that this project should go forward and he would support it, but stressed he would support only a zone change on the site where the restaurant sits. Councilman Metze noted the large amount of time spent on this project for one little fast food development. He addressed the comment regarding promises being made, and indicated that he doesn't believe staff would make those promises; and in regard to the findings, staff is saying if the project is approved these are the recommended findings. He indicated that he has done a lot of work on this matter, and what concerns him is that up front the applicant was told about the requirements to be compatible with the General Plan in that area. He noted the comments at the Planning Commission by the applicant that he was told he could do the restaurant and bought the property. PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 13, 1998 He noted that his understanding was that the applicant had not necessarily bought the property. He stressed that the Council had not committed to the project. He reiterated that staff states the applicant was told about the zoning up front, and noted that the ultimate goal was to have C -M rather than C -2 to be in line with the existing General Plan. Mayor Pape noted that this is a situation of person discussing a drive -thru restaurant, which he was told was not compatible and was advised of the required steps, but felt he wanted to try anyway. He concurred that there was no doubt that another restaurant would be nice in that area, but suggested that a sit -down restaurant is needed. He noted the other fast food restaurants in the area and stressed that master planning would be appropriate to make this a nice entry to the Community. He further noted that there is a lot of interest in this site by other people as well. He stressed that it is appropriate for the Council to have vision and upscale the types of developments coming to the Community. MOVED BY BRINLEY, SECONDED BY PAPE TO UPHOLD THE RECOMMENDATION OF THE PLANNING COMMISSION ON THE ZONE CHANGE AND COMMERCIAL DESIGN REVIEW; AND UPHOLD THE ACTION OF THE PLANNING COMMISSION ON THE CONDITIONAL USE PERMIT REQUEST, BASED ON THE FINDINGS LISTED BELOW: Mayor Pro Tem Kelley questioned the need for separate motions. City Attorney Leibold clarified the need for a separate vote on the Ordinance. Ms. Leibold indicated that it would be best to have two separate motions in case the first motion fails. Councilman Alongi indicated this is a sit -down restaurant and noted that even sit -down restaurants are putting in drive -up windows. He stressed that the applicant has done what he was supposed to do. He indicated that people who have been in the community should receive the same courtesy as is extended to newcomers are given. He questioned why there are not similar concerns with other drive -up restaurants. He indicated that this proves that the Council is not friendly to those who live here and support the community. Mayor Pape noted that this applicant lives in Fountain Valley; and commented on prior concerns for safety expressed by Councilman Alongi. Councilman Alongi noted that the Minutes reflected his concerns for the safety of a drive up window and knowledge by the applicant of the requirements by Caltrans. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND KELLEY CASTING TH7 DISSENTING VOTE. MOVED BY BRINLEY, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 10349 TO REZONE THE ENTIRE PARCEL TO C -M ZONING FOR PAGE SIX - CITY COUNCIL MINUTES - JANUARY 13, 1998 CONSISTENCY WITH THE GENERAL PLAN: ORDINANCE NO. 1034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 3.37 (2.54 NET) ACRES LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF RIVERSIDE DRIVE (HWY. 74) AND COLLIER AVENUE, FROM M-1 (LIMITED MANUFACTURING) TO C -M (COMMERCIAL MANUFACTURING) ZONING DISTRICT (ZONE CHANGE NO. 97 -1). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE NOES: ABSENT: ABSTAIN: Fin in COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS: ALONGI NONE NONE 1. That this proposed use, on its own merits and within the content of its setting, is not in accordance with the Goals, Objectives and Policies of the Lake Elsinore General Plan. 2. That the requested use with the drive -thru lane as proposed will be detrimental to the general health, safety, morals and welfare of the persons residing in the neighboring area or the City. 22. Tentative Parcel MQ No. 28712, CQuntMidde Mobile Home C 1 City Manager Watenpaugh highlighted this request and the location of the property. He noted the Planning Commission concerns with the conditions and related revisions recommended and requested. Mayor Pape opened the public hearing at 7:45 p.m. asking those persons interested in this item to speak. The following person spoke: Jim Bolton, 14880 Amorose, representing the applicant, provided background on the intent of this project. He explained that the property contains mobile home sales and office building. He further explained that the intent is to improve the property; but it was necessary to split the property from the existing office building to allow for financing of this property. He noted the PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 13, 1998 conditions discussed at the Planning Commission, and indicated that they have worked out the wording except for Condition number 35 with regard to the improvement of the edge of the San Jacinto River. He explained that they originally requested a waiver of that requirement, but if the waiver is not granted, they would like to tie the requirement to some future building permits. He advised that the applicant wants to build a garage structure which will need a building permit, but he does not believe that is a significant enough building permit for the work to be tied to. He suggested that if the property were redeveloped into something different, it might be more appropriate. He indicated that they would prefer to have the requirement attached to something that does not impact the current operation. Hearing no additional requests to speak the Public Hearing was closed at 7:50 p.m. Mayor Pape noted City Engineer ODonnell's comments at the Planning Commission meeting regarding the improvement of the channel, and the discussion of timing the requirement with the building permit. Mr. ODonnell noted under the ordinance the City has the right to waive the requirements under the Subdivision Map Act, or it can time the requirement to a building permit, putting the burden of improvement on the piece of property. He explained that there are two pieces of property fronting the river and each would be required to do the improvements at the time of building permits, for any structure greater than 650 square feet. He reiterated that the Council does have the option of waiving the requirements, but suggested that if Condition 35 were changed, there would also need to be a change to Condition 20, to address bonding for the improvements. Councilwoman Brinley questioned the ability to tie Conditions 20 and 35 to building permits. Mr. ODonnell indicated that this would require adding the verbiage "prior to building permits" to Condition 35 and adding "except for San Jacinto River Improvements" to Condition 20. Councilman Metze noted that the staff recommendation is the only way to go for the requested waiver. Mayor Pape concurred. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE TENTATIVE PARCEL MAP NO. 28712, BASED ON THE RECOMMENDED FINDINGS, EXHIBIT "A" AND SUBJECT TO THE CONDITIONS OF APPROVAL, WITH AN AMENDMENT TO CONDITION 20 TO ADD "EXCEPT THE SAN JACINTO RIVER IMPROVEMENTS" AND AN AMENDMENT TO CONDITION 35 TO ADD "AT THE TIME BUILDING PERMITS ARE PULLED ". Mr. Truax concurred with the recommendation, but stressed that there is a garage which needs to be built and Could trigger a $500,000 river improvement requirement. He clarified that he would have no problem if he 4: PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 13, 1998 were changing the use to a new shopping center or other use. Councilman Alongi clarified that a garage would be less than 600 square feet trigger point. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 1. The proposed subdivision, together with the provisions for 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. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. War, • TI1 1 I a I ' <.i_i_1' 1. Tentative Parcel Map No. 28712 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. 28712 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. Pay all applicable fees including park fees in force at time of issuance of building permits. 5. Prior to final map approval of Parcel Map No. 28712, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be 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. 6. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. PAGE NINE -CITY COUNCIL MINUTES - JANUARY 13, 1998 7. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 8. The applicant shall provide connection to public sewer for each lot within the subdivision prior to building permit. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 9. Meet all requirements of Southern California Edison Company. 10. Meet all requirements of Southern California Gas Company. 11. Meet all requirements of General Telephone Company. 12. 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. 13. Dedicate underground water rights to the City (LEMC 16.52.030). 14. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 15. The Parcel Map shall provide an additional 10 ft. dedication on Casino Dr. along the property frontage. If there is an existing obstruction in the future 10 ft. dedication, then the maximum dedication should be provided for in order to try to accommodate a 80 ft. curb to curb roadway (40 ft. half section) with a 5 ft. sidewalk. 16. The applicant shall dedicate the slopes and river bottom along the San Jacinto River as a drainage easement on the parcel map. 17. 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. 18. Construct all public works improvements per approved plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 19. Public improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards & Riverside County Flood Control District Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 20. Applicant shall enter into an agreement with the City for the construction of public improvements and shall post the appropriate bonds, except the San PAGE TEN - CITY COUNCIL MINUTES - JANUARY 13, 1998 Jacinto River Improvements. 21. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 22. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2' x 11" Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. 23. 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. 24. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 25. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 26. Applicant shall submit a traffic control plan showing all traffic control devices for the site to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs. 27. All improvement plans and tract maps shall be digitized. Prior to map recordation, applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $1,000.00 per sheet for City digitizing. 28. 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. 29. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations prior to building permit. 30. 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. 31. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. A note should PAGE ELEVEN - CITY COUNCIL MINUTES - JANUARY 13, 1998 be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 32. 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. 33. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 34. Meet all requirements of LEMC 15.68 regarding floodplain management. 35. Applicant shall design and construct slope protection along the slopes of the San Jacinto River in accordance with proper hydraulic & hydrology studies subject to the approval of the City Engineer, at the time the building permits are pulled. Applicant shall obtain all environmental permits necessary to do the construction. 36. Applicant shall record a CC &R which provides for irrevocable reciprocal parking, circulation and loading in favor of all lots, subject to the approval of the Director of Community Development. �ppeal of Planning Commission Decision on a Minor Design Review for 210 Davis Street within Planning Area 6 of the Historic Elsinore District-Q& Greg i . !' City Manager Watenpaugh highlighted this appeal. Senior Planner Villa provided a brief summary of what had been discussed to date; and explained that this is a proposal to add about 1,800 square feet to an existing 1,000 square foot home. He noted that there was concern with floor plan as it did show a separation between the addition and the existing home and it appeared to be a duplex. He further noted that there was also concern with the roofing material, but the applicant has met with staff and agreed to staff recommendations with regard to floor plan, and has added windows to a side wall which was of concern to the Planning Commission. He advised that the applicant has agreed with the materials, the floor plan has been clarified and the revised plan addresses the concerns. Councilman Metze questioned if the applicant is aware of what is being requested on the Davis street side of the property and inquired whether staff was now comfortable with the project. Mr. Villa confirmed that staff is satisfied and the Applicant confirmed that he was in concurrence. Mr. Villa clarified that the revisions to the plans would be approved administratively. Mr. Metze questioned Mr. Rusher on his concurrence with the changes. Mr. Rusher confirmed that he has already used the roofing material requested on the rest of the house. Councilman Alongi questioned why this matter was being discussed if everything has been resolved. He further questioned the PAGE TWELVE -CITY COUNCIL MINUTES - JANUARY 13, 1998 anticipated value of the home when the work is complete. Mr. Rusher indicated that he anticipates about $125,000. Councilman Alongi questioned the price of existing homes in the area. Mr. Rusher indicated that the prices range from about $140,000 to $200,000. MOVED BY BRINLEY, SECONDED BY KELLEY TO OVERTURN THE PLANNING COMMISSION DECISION AND APPROVE THE MINOR DESIGN REVIEW FOR 210 DAVIS STREET AS CLARIFIED WITH STAFF; BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Councilwoman Brinley requested clarification of her ability to vote on this item due to the proximity to her home. City Attorney Leibold noted that Councilwoman Brinley's home is in the vicinity of this property, exceeding the 300 foot, but not over 1500 feet. She noted that there would be a prohibition of vote in the case of foreseeable impact on Mrs. Brinley's property value; and she would be precluded from voting if it was closer to her home, however that is not the case. Mrs. Leibold explained that the increase or decrease in the value of her home would have to be anticipated to be 10% or more to preclude her vote on this item. She advised that Mrs. Brinley was free to participate in this vote. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 1 1_� _ 1. The project is consistent with the Goals, Objectives and Policies of the General Plan and Historic Elsinore, Area 6. 2. If the attached conditions are met, the dwelling will meet the Design and Development Standards of the Historic Elsinore, Area 6. 3. The project complies with the design directives contained in Section 17.82.969 and all other applicable provisions of the Municipal Code. 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with the conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. WIMO_161 X16 ' 1. Design Review approval will lapse and be void unless building permits are issued within one (1) year of the Planning Commission approval date. PAGE THIRTEEN - CITY COUNCIL MINUTES - JANUARY 13, 1998 2. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 3. Structure shall be placed on -site as depicted on the approved plot plan and/or as modified by the Community Development Director or designee. 4. Building elevations shall be constructed as depicted on plans submitted to the Planning Department. If additional architectural treatments are proposed (i.e., window plant -on treatments, vegetation) they shall be subject to the approval of the Community Development Director or designee. 5. Applicant is to meet all applicable City Codes and Ordinances. 6. Applicant is to meet all applicable County Fire Department requirements for fire protection. 7. Applicant shall use roofing materials with a minimum of class "A' fire rating. If asphalt roofing materials is used on sloped roofs it shall be of the quality of Presidential Shake three dimensional shingles. Roofing material to be used shall be subject to the approval of the Community Development Director or designee, prior to issuance of building permits. 8. The project shall connect to sewer if a sewer line is within 200 feet of the project boundary unless it is demonstrated to the satisfaction of the Chief Building Official that this is infeasible. Ifthe project does not connect to sewer, applicant shall comply with the following: a) Prior to issuance of building permits, the applicant shall submit a Soils Report which includes a sewage disposal plan referenced to the grading plan and approved by the Riverside County Health Department. b) Prior to release for occupancy, the developer shall record a notice entitled "Septic System Disclosure and Restrictions" specifying that the property is served by a septic system and that no structure or paving may be placed over the sewage disposal area or the expansion area. A copy of the approved septic system plot plan shall also be recorded along with this notice and provided to the City for verification. c) An acknowledgment of receipt of this notice by the expected occupant of the property shall also be submitted to the City. 9. All exterior air conditioning units, shall be ground mounted and screened so that they are not visible from neighboring property or public streets. 10. Applicant shall plant street trees, selected from the City Street Tree List, a maximum of thirty feet (30) apart and twenty-four -inch (24 ") box in size as to meet the approval of the Community Development Director or designee prior a;, PAGE FOURTEEN - CITY COUNCIL MINUTES - JANUARY 13, 1998 to issuance of building permit. 11. A six -foot (6) high wood fence or masonry wall shall be constructed along the side and rear property lines and shall conform to Section 17.14.080 (Fences and Walls). Wooden fencing where allowed shall have an overlapping construction to prevent gaps from forming due to shrinkage and weathering. All wooden fencing shall be painted or treated to protect against weatherization and staining from irrigation over - spray. Also galvanized steel posts set in concrete shall be used for the fence vertical support. Compliance with this condition is subject to the approval of the Community Development Director or designee prior to issuance of building permit. -12. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 13. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 14. All Conditions of Approval shall be attached or reproduced upon page one of building plans prior to their acceptance by Building Division. 15. The address (in numerals at least four inches (4 ") high) shall be displayed near the entrance and be visible from the front of the unit. 16. Prior to issuance of any grading or building permits, 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. 17. Provide a flat concrete pad or area 3'- 0" by 9'- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view. 411 18. 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. 19. Dedicate underground water rights to the City (LEMC 16.52.030). The document can be obtained from the Engineering Department. 20. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85- 26). 21. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to PAGE FIFTEEN - CITY COUNCIL MINUTES - JANUARY 13, 1998 issuance of building permit (LEMC 16.34). 22. 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). 23. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Department for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 24. : All compaction reports and grade certifications shall be submitted to the Engineering Department before final inspection of off -site improvements will be scheduled and approved. 25. 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. 26. 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. BUSINESS ITEMS 31. P=osed Revision of Animal Control Ordinance No. 1003 - Ordinance Vo. 1 City Manager Watenpaugh explained the proposed changes to the code with regard to abusive animals. He advised that this change would allow L.E.A.F. to deal with noisy animals or barking dogs, and gives them the authority to deal with these animals before their Board. He noted the exhibits which explain what constitutes a noisy animal. He advised that a representative of L.E.A.F. was present for clarification. Councilman Alongi indicated that this is an important ordinance for animal control, and noted problem areas where people have no consideration of their neighbors. He stressed that this ordinance with give the Code some teeth for enforcement. Councilman Metze expressed concern with the proposed ordinance, but he fully supports the efforts by L.E.A.F., and noted that this is apparently a major concern, based on the complaints being received. He expressed concern that this could become a situation of neighbors causing each other grief unnecessarily; and particularly noted the "reasonable person of normal sensitivity" verbiage. PAGE SIXTEEN - CITY COUNCIL MEETING - JANUARY 13, 1998 Councilwoman Brinley noted that she would think it would take more than one complaint to initiate the process. Councilman Metze suggested two complaints followed by a hearing. Councilman Alongi indicated that L.E.A.F. employs professional people who know what they are doing; and consideration should be given to the people serving under the contract. He suggested that this ordinance would support them in their efforts and should not be questioned. Cary Grew, representing L.E.A.F., detailed the process for addressing a barking dog situation and their investigation; including the barking dog letter process and the continuation of the process. She explained that the third time a certified letter is sent regarding the complaints, followed by a hearing. She stressed the inconvenience of a barking dog to the surrounding neighborhood, and indicated that they are receiving many complaints. Councilman Metze requested clarification of the ability to "debark" a dog and whether that is acceptable procedure. Ms. Grew explained the process and noted that there are a number of other options to address barking. MOVED BY KELLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1033 UPON FIRST READING BY TITLE ONLY: City Attorney Leibold clarified the ordinance as proposed which provides for a hearing after the second complaint. She indicated that if protocol is to be three complaints, there needs to be an amendment to the ordinance. Ms. Grew reclarified the process and the Ordinance was seen as appropriate to the existing procedure. ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 6.04 "ANIMALS AND ANIMAL CONTROL OFFICERS ", OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. City Council Policy - Term of Office for Mayor. (FA4.2) PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 13, 1998 City Manager Watenpaugh noted that the policy change item was due to request from Councilman Metze at the December 9, 1997 City Council Meeting. He explained the proposed change to the term of selected Mayor to a one year term, clarifying that the Mayor elected by the existing City Council. He further explained that the change would be from the existing two year term to a one year term, and noted that the Policy should indicate November rather than April. Councilman Metze noted that his intent was for all officers, including the RDA and PFA representatives, and not just the Mayor. City Attorney Leibold concurred that the clearer the policy, the better; and if it is to include the Chairman or Vice - Chairman they should be listed. Chris Hyland, 15191 Wavecrest Drive, indicated that in her opinion this is a ridiculous change in City policy. She suggested that it should be handled as is done in Perris, with the Mayor directly elected by the people. She indicated that the Council should allow choice by the Community and encouraged letters of support to the City Council, because she will petition the Council to allow for a vote on Mayor anyway. Councilman Alongi expressed surprise that Councilman Metze brought this item before the Council and questioned why, if he felt that way, he would vote against Mrs. Kelley for Mayor. He indicated that he would like to see, and intends to have a Study Session regarding the election of the Mayor, hopefully before the Council consideration in February. He indicated that if the proposed policy is to be adopted, there should be the addition of the word "new" Mayor, every year. He suggested this would allow everyone on the Council the opportunity to serve as Mayor. He commented that the President is accused of several things, but that does not discount his ability to serve. He reiterated that the Councilmembers should have the opportunity to serve. He noted that the Mayor is mainly a ceremonial title, even though this Mayor oversteps his bounds. He suggested that the Mayor should be allowed to sit as long as he doesn't disgrace the City of Lake Elsinore, and stressed that this is to be a non - partisan Council. He indicated that he agrees with Mr. Metze about changing, but suggested that it should be something more definite so there are no gray areas. He indicated if the word "new" is added he will support the policy. Councilwoman Brinley requested clarification with regard to the officers for the Public Finance Authority, Redevelopment Agency, etc., and whether they should be included in the policy. She indicated that as long as there is a consensus or majority vote of the Council on the policy she would support it. She noted that Murrieta just reelected the same mayor for a second term and stressed that it should be the majority vote of the City Council at the time, whether it is a new mayor or the same one. Mayor Pape noted that no one has the "right' to sit as Mayor, it is only a matter of having enough votes, and the support of colleagues, based on a PAGE EIGHTEEN - CITY COUNCIL MINUTES - JANUARY 13, 1998 simple democratic process. He suggested that to separately elect the Mayor would only serve to divide the Council, and will not enhance the ability for future Councils to cooperate. He indicated that it really was a mostly ceremonial position and he only signs a few more documents. Mayor Pro Tern Kelley indicated that she likes the one year term proposal, as it allows for different people to serve, which is refreshing. She indicated that with regard to directly electing a Mayor, she has given the matter a lot of thought. She stressed that the Council is currently equal, and all are voted on the same way. She indicated that while she would not strongly support or oppose an elected Mayor, while the intent is to get rid of the politics, it would inherently cause more politics and give more power to the position. She noted that campaigning will become more expensive and more cutthroat. She indicated that the way it is done now, even though political, is less political in the long run. She strongly cautioned the proponents of this issue, that the intention is defeated by doing so. She noted that she does support switching the ceremonial position around to different people, but clarified that was not to say the Council could not still appoint the same person every year. Councilwoman Brinley concurred that the direct election would make the Mayor even more political. She further concurred that the position would have more authority because it would be given more, and supported the now equal vote of the Councihmembers for a majority decision. Councilman Metze concurred that the Mayor should represent the majority of the Council and noted other cities which do not directly elect the Mayor and suggested that he does not prefer to emulate the City of Perris. He noted that he supported Mayor Pape this time, but he might not feel the same way next time. MOVED BY METZE, SECONDED BY BRINLEY AND TO APPROVE THE REQUEST BY COUNCILMAN METZE TO AMEND THE CITY COUNCIL POLICY REGARDING THE TERM OF OFFICE FOR THE MAYOR TO A PERIOD OF "ONE YEAR" INSTEAD OF TWO YEARS. Councilman Alongi addressed Mrs. Brinley with regard to Mr. Van Haaster in Murrieta, and noted he was out of the position of Mayor for a term. He indicated that Mrs. Kelley chastised him for withholding his vote in June to allow for the 50% vote; and now she is saying that the people are not intelligent enough to elect the Mayor. He indicated that he thinks the Community has the right to vote for their Mayor, as it will remove the politics from it. He also noted that more people might have the opportunity to sit on the Council, and noted that there are some excellent Mayor candidates in the Community. He indicated that you can never take the politics out of government, but electing the Mayor would make the position responsible to the community. He suggested that the only really important office is the PAGE NINETEEN - CITY COUNCIL MINUTES - JANUARY 13, 1998 RDA Chairperson, because it is an independent entity beyond the City. He further suggested that position could not be shifted around and should not be included in this action. He stressed that the RDA Chair was completely different, as the City cannot make a decision for the RDA and has no jurisdiction over the RDA. He indicated that he did not know if it should apply to the Finance Authority or Recreation Authority. He noted the existing Council policy with regard to the Mayor deciding what goes to Study Session. He indicated if there was not a Study Session set, he was demanding that the City Manager place the item on the agenda for February. He stressed that the Council has the right to place items on the agenda, and let the Council do it properly and vote it down. Mayor Pro Tem Kelley clarified that she said "inherently "; not "unintelligently ". She further clarified that she would not support or oppose the direct election of the Mayor, but strongly warned that by doing so puts more politics into the situation. She stressed that this a very complex issue, which people should think through. She reiterated that she did not mean to imply or state that the people are not intelligent enough to elect the Mayor. Councilwoman Brinley called for the question. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. M Y�► �Y7 t U 1MK1011X14 "1[ ; _ ►L1 5. Bids for Demolition of Hazardous Structures - 706 West Graham Avenue - Environmental Control u s - $9-000 City Manager Watenpaugh explained this item as outlined and detailed the location and status of the property. He noted that it was vacated in May, 1997, and since has been the focus of transient activity, structure abatement, fire damage and was recently secured by a chain link fence. He noted that staff was informed that the property was in escrow, with the intent to rehabilitate the property. He noted that some of the original units have been divided further. Building & Safety Manager Russell indicated that this structure has been a nuisance for quite a while; and noted the existence of lead paint and the history of problems with the building. He indicated that staff has not yet ascertained the intent of the new owners, but will make every attempt to discuss their intent prior to demolition. Councilman Alongi questioned the hotel on the corner which has been in abatement for quite some time and was to be torn down. He stressed that there are older units than the one being discussed. He indicated that the RDA has no money for loans, but that is the intent of the RDA. He noted a for a total of $41,000 to tear down buildings; but this money will be gone and A d PAGE TWENTY - CITY COUNCIL MINUTES - JANUARY 13, 1998 no one can say when it will be recouped. He suggested using this money to tear down the hotel on Main Street. He indicated that he did not understand why staff was moving on this property and not some others. He stressed that this property could be rehabilitated into good property. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO AWARD THE CONTRACT FOR ABATEMENT OF THE PROPERTY AT 706 WEST GRAHAM TO ENVIRONMENTAL CONTROL SYSTEMS IN THE AMOUNT OF $99000. THE CITY COUNCIL MEETING WAS,RECESSED AT 8:35 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:49 P.M. City Manager Watenpaugh provided background on this item and the request. He explained that it deals with oil, paint, etc. and is intended to develop a public education program for disposal of these chemicals. He pointed out that Florence Mowrer has coordinated with the City of Canyon Lake for a joint application; and the maximum award could be up to $300,000 over two years, which would pay for staff time, education, marketing, etc. Mayor Pro Tem Kelley indicated that she pulled this item to publicize the program, and congratulate and thank Florence for her hard work. She also reminded the Community about the curbside program for pick up of oil and other chemicals. She stressed that the City doing quite a bit in this area. MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 98-1. RESOLUTION NO. 98-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT - SIXTH CYCLE 1998/2000 PROGRAM TO DEVELOP, MAINTAIN AND ENHANCE A HOUSEHOLD HAZARDOUS WASTE PROGRAM. • - of - -�►� a_--1r -'1 M- 111 City Manager Watenpaugh noted the presence of Fire Department personnel and noted that this year is anticipated to see a savings in costs. He detailed PAGE TWENTY -ONE - CITY COUNCIL MINUTES - JANUARY 13, 1998 the services provided under the contract and the breakdown of money collected through the fire service district. He advised that there will be a total cost of $275,479.00 this year, and noted that the original budget anticipated $315,000, for a savings of about $40,000.. He recommended that the Council not reallocate those funds at the present time. Dale Hite, 115 N. Kellogg, questioned plans to get started on the other station and whether this amount would cover the new station. He also questioned the number of paid fire fighters and the number of volunteers; and whether funds could be pulled for the other fire station. City Manager Watenpaugh indicated that with regard to CFD 88 -3 funds, they can not be pulled and will be held for the fire station. He detailed the estimated costs should the City decide to open another fire station. Chief Seabert advised that there are currently 18 active volunteers at Elsinore station; with seven full time positions. Councilman Alongi questioned the percentage of volunteers in the fire department vs. regulars. Chief Seabert reiterated that there are 18 volunteers and 7 paid staff. Councilman Alongi indicated that is over 200% volunteers. He inquired whether 70% of the fire fighters are volunteers in Riverside County. Chief Seabert indicated that she does not have that figure. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FIRE PROTECTION AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN. City Manager Watenpaugh noted the recent study session,on this item and explained the CDBG process for distribution of funds within the County. He advised that the City is anticipating about $190,395.00 this year; and explained that there is also a request by the City to use the unused Cap for community services for the first supervisorial district. He noted that staff modified the overall proposal following the study session discussion, and detailed the recommended distribution as follows: City of Lake Elsinore Spring Street Reconstruction Project $58,779 Riverside County Fire Station #10 Purchase of Emergency Equipment $22,220 City of Lake Elsinore Senior Center Services $43,896 Helping our People of Elsinore (HOPE) Food Program $ 2,500 Assistance League of Temecula Operation School Bell $ 2,500 y PAGE TWENTY -TWO - CITY COUNCIL MINUTES - JANUARY 13, 1998 Alternatives to Domestic Violence Crisis Hotline & Counseling $ 2,500 City of Lake Elsinore Structure Abatement & Violation Compliance $30,000 City of Lake Elsinore Housing Element Study $28,000 Maryann Edwards, representing the Assistance League of Temecula, thanked the Council the past support of Operation School Bell. She detailed the program which clothes needy children in Temecula, Munieta and Lake Elsinore. She advised that they have 64 full time volunteers, who put in over 18,000 hours last year. She further advised that each child referred to the program receives two complete new outfits and a backpack full of school supplies; which were distributed to 375 children last year, with 211 from the Lake Elsinore School District. She also advised that $16,880 was expended on Elsinore children this year and anticipate doubling that amount this school year. She expressed understanding that there are many worthy causes and organizations requesting funds. She noted that their teen auxiliary has also provided each child with a book of their choice. Mayor Pro Tern Kelley addressed Ms. Edwards, noting that she is a teacher and each of last three years have referred children; and noted that they are teased, self esteem has suffered and she has seen the results of the program in assisting the children. She expressed her support of this allocation and wished that it could be more. She stressed the frustration of not having enough money to go around. She addressed the Senior Center allocation and questioned whether the proposed reductions will cause the services to suffer. City Manager Watenpaugh indicated that staff has reviewed the annual costs and looked at expenditures for last year; and based on that has reduced the dollar request to allow for reallocation. He indicated that this should not impact the services at all if the requested County funds are received. Mrs. Kelley addressed the public works projects and noted that she wished that money could go to parks, but it can not. She noted the proposed allocations for the fire department and the Spring street reconstruction. She further noted the funds for code enforcement; and noted her discussion with Police Department representatives who believe that any efforts on code enforcement greatly benefit their ability to serve the community. She noted some of the pending structure abatements and indicated that the fiords may go even further than anticipated. She commented that the housing element study needs to be done to meet State requirements. She supported the staff recommendation for allocation. Councilwoman Brinley thanked Ms. Edwards for the work of Operation School Bell. She noted that she has been to the facility and seen the children come in and retain their dignity and self esteem. She further noted the difficulty of peer pressure; and wished for more to give to them and other PAGE TWENTY- THREE -CITY COUNCIL MINUTES - JANUARY 13, 1998 charities, but stressed that there are very limited funds. She commented that she feels that there is a responsibility to seniors, but the youth are also important. She indicated that she was glad to see funding for Alternatives to Domestic Violence and noted everyone has known people impacted by domestic violence. She commented regarding the public works projects, and noted that there are many things that need to be addressed, but this is a best effort to address concerns. She concurred with staff recommendations and wished for more money to address other needy causes. She offered her personal support to Ms. Edwards for fundraising efforts or other needs to benefit the children. Councilman Alongi concurred that there are a lot of needs in the community for senior centers and community centers, HOPE, Alternatives to Domestic Violence, etc. He indicated that all of the programs contribute to fighting crime in the community. He noted a survey by the Conference of Mayors regarding requests for emergency food and detailed the statistics with regard to assistance. He indicated that while he supports seniors, they already have a lovely building, meals, can play pool, etc. He suggested that a part time person would save the City about $20,000 a year. He noted the recent elections and indicated that people do not want to spend any more money on taxes. He indicated that he would like to see the Center cut another $4,000. He suggested allocating $5,000 for HOPE, School Bell and ADV, and letting the county match funds for the Senior Center. He stressed the amount of Senior Center Funds used for wages. He indicated that while he would not vote against the allocation as proposed, but stressed that the dollars could be allocated differently. He commented that all of the programs fight crime in their own way, but stressed the amount of money structure abatement would need. He indicated that Mrs. Kelley did not give the fiill information and detailed the cost to board up and clean currently listed properties, with no guarantee of repayment. He expressed concern with the negligence of the owners and the cost of tearing down properties. He further expressed concern that the Council puts profit over principle. He indicated that the West End Fire Station should be built, and there will still be time to start looking for more funds. He suggested taking $20,000 from the Senior Center by cutting the staff to part time; and stressed that children in bad situations are for no fault of their own. Councilman Metze indicated that he would not question the staff recommendation; and expressed concurrence with that recommendation. Mayor Pape noted that Spring Street Reconstruction Project will be quite a bit of work downtown; and noted that downtown is one area where these funds can be used. He concurred that the dollars for Code Enforcement are beneficial, and noted the transient activity, fire damage and drug activity. He further noted that there are definitely buildings to be removed and several properties with nuisances of weeds, graffiti, trash, etc. He indicated that a lot of good can be done with these funds, if the program is consistently funded. l'4 0i:..:':, li PAGE TWENTY- FOUR -CITY COUNCIL MINUTES - JANUARY 13, 1998 He stressed that this will get the message out to absentee landlords and encourage people to take care of properties themselves. Councilwoman Brinley questioned Chief Seabert, and requested a ballpark figure that 80% of the fire calls are for medical aid. She indicated that she would not want a volunteer addressing a heart attack or other serious illness. Chief Seabert noted that Chief Wright does not recommended fully staffing with volunteers. Chief Seabert clarified that volunteers as trained as well as full time staff, and stressed the safety hours and training required. Councilwoman Brinley noted letters received from Chief Wright in the past, which do not see staffing this station with a majority of volunteers. Chief Seabert clarified that all volunteer stations are generally in lightly populated areas. She stressed that because of the volume in Lake Elsinore, volunteers can not sufficiently staff this station. Councilman Alongi questioned if people would ask a firefighter if they are a volunteer when someone is having a heart attack. Chief Seabert reiterated that all responders are qualified to respond. Councilman Alongi questioned the bargaining unit of the fire department and whether it would be counterproductive to support volunteer firefighters over paid firefighters. Chief Seabert deferred to Chief Brown. Chief Brown responded that Chief Wright is only going to recommend to each area, the proper level of fire protection. Councilman Alongi further questioned the standard the Department would like to keep. He questioned if it would be possible to operate at a lesser standard and still comply with the needs of the community. Chief Brown indicated that the level of service is based on needs of the community, and there is a very high volume, with large wildland areas, fluctuations in population, heavy industrial and commercial growth in the City. He indicated that he did not believe that an all volunteer company will meet the needs of the Community. Councilman Alongi questioned the amount of volunteers that respond in the City that are not at the fire station when called. Chief Brown indicated that he does not have that figure, but could provide it. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFF RECOMMENDATIONS ALLOCATING THE CDBG FUNDS AS FOLLOWS: City of Lake Elsinore Spring Street Reconstruction Project $589779 Riverside County Fire Station #10 Purchase of Emergency Equipment $229220 City of Lake Elsinore Senior Center Services $439896 Helping our People of Elsinore (HOPE) Food Program $ 2,500 Assistance League of Temecula PAGE TWENTY- FIVE -CITY COUNCIL MINUTES - JANUARY 13, 1998 Operation School Bell Alternatives to Domestic Violence Crisis Hotline & Counseling City of Lake Elsinore Structure Abatement & Violation Compliance City of Lake Elsinore Housing Element Study $ 2,500 $ 2,500 $30,000 $28,000 Mayor Pape indicated that this item was pulled by staff. City Manager Watenpaugh commented on the staff proposal for a policy to allow for sale or removal of palm trees identified for topping by the power company. He noted areas where they have trimmed trees and allowed them to die; and explained that this policy will allow for removal of trees in the right of way if they constitute a problem for the power company, as they will top the tree which will eventually kill it. He fi ffier noted that there has been a controversy over people stealing palm trees, so this is an effort to put together a program to benefit the community and possibly generate revenue, rather than letting them die. He advised that there are approximately 10,000 street trees in the City with about 3,000 palm trees in the powerline easement. He clarified that the intent is not to go out and dig up all trees in that right of way, but when notified that the power company intends to top trees, this will offer an alternative to letting them die. He indicated that staff feels it will be beneficial to let a contract for relocation or sale to benefit the Community. He clarified that this policy would be at no cost to the taxpayers, but about $500 per tree would come to the City. Mayor Pape noted that the program certainly makes sense, and noted it might actually be beneficial. He commented that his preference would be to keep the trees in the community, even if relocated. Councilman Alongi expressed concern that City Manager Watenpaugh's comments are contradictory with page three of the report, regarding relocation of trees. He questioned whether the trees would be relocated at no cost to the City. Mr. Watenpaugh clarified that different wholesalers are willing to pay the price for these trees, and if acquired they will relocate them to another location or a park if that is what is desired. He suggested going out to bid with landscapers and developers when trees are available for removal, and clarified that the City would receive the fee and they would remove the trees at no cost. Councilman Alongi questioned where the trees would be relocated and suggested that a guarantee is needed that the trees will be replaced where they are needed. He expressed understanding PAGE TWENTY -SIX - CITY COUNCIL MINUTES - JANUARY 13, 1998 of the $500 purchase price, but expressed concern that the trees may be needed in another area and he would like to retain that option. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFF'S RECOMMENDATION TO SELL PALM TREES IN THE CITY'S RIGHT- OF-WAY WHEN NECESSARY, TO ELIMINATE POTENTIAL SAFETY HAZARDS; AND DIRECTED STAFF TO SOLICIT BIDS FOR THE PURCHASE OF PALM TREES BY WHOLESALERS ASSURING THE CITY THE BEST PRICE AND HAVE THE CITY MANAGER EXECUTE AN AGREEMENT FOR THE PROVISION OF PALM TREE REMOVAL WITHIN THE CITY'S RIGHT -OF -WAY. City Manager Watenpaugh noted the request for the old Methodist Church pews currently stored in the basement of the Cultural Center (32 of them). He explained that the Historical Society has proposed renovating some for display in the museum, with the balance to be used as a fundraiser to generate revenue for the Society. Councilman Alongi indicated that he has a couple of problems with the request. He explained that he does not disagree with some being given as historical memorabilia, but he does feel that the City should retain a lot of them, as they have plaques on them designating who donated them, and in honor of those people the City should retain them and display them in the Center. He stressed that this would bean opportunity to witness what the families have done for the Community. He reiterated that he would agree with a couple for the museum and noted that with the dampness in the basement they won't last long. Mayor Pape suggested offering up to four pews for use at the Historical Society facility. Mayor Pro Tem Kelley inquired of the City Attorney as to whether this would be a gift of public funds. City Attorney Leibold indicated that it would not be a gift of public funds as long as the public benefits. Mayor Pape noted that he had the same conversation this morning. Mrs. Leibold indicated that if all of the pews were donated there could be an issue raised with regard to a gift or favoritism to one entity over another, primarily an issue of favoritism. She explained that with regard to a few, that would be well within the public interest with displaying them in the museum. Councilman Alongi inquired, in that they were originally donated to the church in name of families, do the families have right to reclaim the property since they were donated for church use. City Attorney Leibold indicated that she was not aware of a statute to govern that issue, but clarified that when PAGE TWENTY- SEVEN -CITY COUNCIL MINUTES - JANUARY 13, 1998 the City acquired the building, the pews were acquired. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE UP TO FOUR PEWS TO BE GIVEN TO THE LAKE ELSINORE HISTORICAL SOCIETY FOR USE IN THEIR MUSEUM. THE CITY COUNCIL MEETING WAS AT 9:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:43 P.M. 1 u u_ WIt y Donna Franson, 7 Villa Valtelena, announced that the Lakes Chapter of the California Republican Assembly will be holding their first meeting on Thursday, January 15, at 7:30 p.m. in the Tuscany Hills Recreation Center, 75 Sumerhill Drive. She stated that Senator Ray Haynes will be the guest speaker and invited all Republicans to attend. She gave an historical overview of the California Republican Assembly and their goals, and noted that the Meeting in February will have Assemblyman Bruce Thompson as speaker. Frank Jackson, Chuckles Java Junction, stated his concerns regarding a church allowed to feed the homeless as approved by the Design Review Committee and noted the problems for the local businesses when the homeless are encouraged to gather in an area. Mayor Pape called on Senior Planner Villa to explain the situation. Senior Planner Villa stated that the Design Review Committee held a Special Meeting today in which they considered an expansion of a church at 107 E. Graham. He noted that the existing church on East Graham wants to expand their existing facility to allow bible study and administrative functions as well as additional space for church on Sundays. He noted that the Design Review Committee approved the request. Mayor Pape asked what the discussion was regarding a soup kitchen. Senior Planner Villa stated that one of the requests was to utilize the space one Saturday a month for an outreach program which serves coffee and donuts to encourage people to come to the church. He noted that the Design Review Committee voted not to allow that use and the approval was to only utilize the expansion area for Tuesday evenings,Wednesday evenings and Sunday for church meetings. Mayor Pape asked how the rumor got started that they were going to have a soup kitchen. Senior Planner Villa explained that in the initial request they asked to be allowed to utilize the area for an outreach program one Saturday a month, however the Design Review Committee did not approve that. Mayor Pape clarified that the church was told that they could not have a soup kitchen. Senior Planner Villa confirmed and explained that this addressed the expansion area, however they have been holding an outreach program in their existing facility for the past five years. He father explained that the existing facility is a legal non - conforming church and does not have a Conditional Use Permit. Mayor Pape clarified that they would not be PAGE TWENTY- EIGHT -CITY COUNCIL MINUTES - JANUARY 13, 1998 changing any of the services they have been providing for the last five years, and the new facility will be used for classes and administrative uses. Donna Lucas, Collectors Corral, stated that they have purchased the building at 133 North Main Street, and expressed her objection to an expansion of the church or any other churches coming to the downtown area. He explained the problems churches and feeding of the homeless create in a commercial area. She asked that Council address this issue, and stated that she would far prefer to see commercial rather than a church and asked that Council consider their position. F. Starr Bassion, Main Street Florist, concurred with her fellow business persons and expressed her concern regarding the church and stated that she felt that their application was less than honest. Donna Morin, Lake Elsinore Historical Society, thanked the Council for their action and staff for their hard work. She appealed to the public to assist them in finding and acquiring a new facility. She asked that the Seniors consider the Historical Society for any of their memorabilia that would be pertinent to the City. She stated that they can contact her at (909) 245 -9230 or Carol Pollack at (909) 245 -0421. Tom Daly, 22031 Village Way, Canyon Lake, made an appeal for the youth in the City and stated that he is proposing to open a Youth Center in the City. He stated that he would like to sit down with Council to discuss this issue and noted the volunteers who have already stepped forward to assist. He noted that his main concern is the youth and asked Council for their assistance. Mayor Pro Tern Kelley asked if this was connected with the Teen Center in Canyon Lake. Mr. Daly stated that it was not. Mayor Pape asked Councilwoman Brinley to meet with Mr. Daly. Martin Esquada, 29015 Rolando Road, spoke in favor of the youth center proposed by Mr. Daly, and stated that they want to work with the City to make this happen. Jann Howard, Memory Lane Antiques, spoke in opposition to the church and questioned the Council's vision for Main Street. She stated the problem that have occurred on Main Street and noted that by having churches it is allowing Main Street to get away from having businesses and merchants. She stated that there is nothing wrong with churches, however it is not an appropriate use for Main Street. John Del Regno, Dolphin Football, announced that there is a game this Saturday, and noted his problems with payment to the City for his football game. He noted that they need to have the opportunity to play their game on Saturday. Dale Hite, 115 North Kellogg, addressed the negotiations for the Stadium. He asked why the City does not have other bids on the Stadium. He questioned what is happening with the parks. He addressed the problem of building abatement and stated that removing the building does not remove the people creating the problem since they just move to the next empty house. He noted that the longer the City waits to build the fire station the greater the cost, and felt that the City should not wait. PAGE TWENTY- NINE -CITY COUNCIL MINUTES - JANUARY 13, 1998 Nita Van Heest, 33146 Shoreline Drive, noted that 80% of all fire fighters are utilized on a volunteer basis throughout the United States. She noted that the only difference between volunteer fire fighters and volunteer police is that they do not get a pay check. She noted that they must have the proper training. She stated that the Red Lion Inn is a myth, and noted the Development Agreement with Inland Pacific regarding a hotel; and stated that the whole thing was based on fraud. Chris Hyland, 15191 Wavecrest Drive, stated that the City owns the parks and boat dock which are closed, as well as 11 City staff members who were laid off that maintained those facilities. She noted however that the City still employed a Public Services Director, Manager of Recreation/Tourism and Assistant City Manager position and noted those salaries and the savings that the City could make if those persons were not still employed in Departments that do not function. She noted the City should eliminate those positions in such lean times and turn the Senior Center into an all volunteer organization. She stated that labor can function without management, but management cannot function without labor. She suggested that the management should be cut from the City, the labor force be brought back and the facilities opened. City Manager Watenpaugh commented on the following: 1. Responded to Mr. Hite's comment regarding the closure of the parks and stated that there has been no direction at this time to close the parks, however Council has directed staff let them know when the funds run out and that has not yet been addressed. He noted that staff will be bringing this issue to Council on the 27th of January to consider. He stated that he cannot answer why there have been no other entities that have come forward to bid for the Stadium, however he can only speculate that the costs of the Stadium do not allow for many organizations to offer. 2. Stated that the Assistant City Manager's position is vacant. No Comments. Mayor Pro Tem Kelley commented on the following: 1. Commented on her pleasure regarding getting the Wells Fargo Building for the library. Commended Supervisor Bustertor his hard work in acquiring the building for the library. Councilman Alongi commented on the following: PAGE THIRTY - CITY COUNCIL MINUTES - JANUARY 13, 1998 1. Addressed the Fire Department and stated that he has two brothers who are retired Firemen and stated that the second highest stress job is being a fireman, the first being the President. He stated that he does concur with some of the concerns, however he does disagree with some of the other points. He stated that he feels that the Fire Department does a great job in the community both in fire fighting and medical assistance. 2. Stated that his brother -in -law has taken on the responsibility of caring for the two children who's brother was drowned in the truck in Lake Elsinore and stated that the children wake up screaming in the night because of what happened. He asked what is wrong with a newspaper that puts the picture on the front page. He asked if they didn't have anything else to put on a front page other than that picture, since the children are old enough to pick up a paper and look at it. 3. Thanked Carl Love for the article on him. He stated that he does the Santa Claus because there is a need and he will continue to do it until there is no need or he drops dead. 4. Addressed the school buses displaying flashing red lights. Noted a public servant who is more interested in traffic rather than the safety of children. He noted that it was stated that it was one child that was killed, however he wondered how that person would feel if it was his child under the wheels of that bus and the pain of the family. He noted that he has been across the United States and even in very small towns people do not object to stopping for a school bus. 5. Stated that it is time for Mr. Alongi to start "Kicking Ass ". He stated that a document was delivered to his home which was the testimony of the Grand Jury. He stated that the Sun Tribune felt it necessary to print a story about his friend Dexter Armstrong and stated that if he could give him his heart and his life, he would as well as his wife and children. He stated that however, he went to the paper and told them a bunch of junk about the fact that their partnership had been dissolved in 1991 and that they were not friends anymore and the garbage that he has in the report, he will answer to personally. He stated that whether he goes to court or not and whether he is convicted or not he will go after him and he will pay for all the lies that he has told. He stated that his wife and him have loved that man for a lot of years and they put that man in a convalescent home that he wouldn't put someone he disliked in, because Dexter Armstrong was a man who prided himself on perfection. He stated that he wanted perfection for the people that he worked for and did things for in the churches and other things and he also did it for the homes that he lived in. He stated that his wife was willing to give their bedroom to Mr. Armstrong and had ordered a medical bed to bring him home, because his wife could not take the pressure of caring for him. He stated that his wife was willing to clean his butt if necessary because they loved him, and this degenerate has the almighty gaul to say the things that he said in this PAGE THIRTY- ONE -CITY COUNCIL MINUTES- JANUARY 13, 1998 report about his father and his relationship. He stated that it would not go unanswered, and stated that David Armstrong has judgements against him for child support, but has the gaul to go before the Grand Jury and testify against him. 6. Addressed a Notice of Claim that was served on him at his home, which is by several different lawyers who are representing the BNY, Western Trust Company, formerly known as the Bank of New York, Indenture of trust for the Bond Holders. He started to read the claim. Mayor Pape asked that the City Attorney give an opinion and then Councilman Alongi could proceed. Mr. Alongi stated that he can read this because he was named personally in this claim. City Attorney Leibold stated that no individual is named and there is a list of individuals who were identified as possible employees during the alleged misdeed. She further stated that in any event the claim has been filed against the City, Agency, and Finance Authority and will be processed in the normal course of events by which the City and Public Agencies deal with claims', no complaint has been filed yet and is premature to do so. She recommended that Council allow the public agency to act in its normal course of business and not air the details of the complaint, which based on preliminary review by our bond counsel has inaccurate statements. She noted that bond counsel is meeting with the attorneys in question and she would recommend that it not be read. Councilman Alongi stated that he has a right to appoint his own attorney to investigate why these people feel this way. He stated that he will also have his attorney present when this issue is discussed in Closed Session to make sure that his rights are not violated. He read from the document a section that alleging that the City misused the money received from the Bonds and refused to repay the money. He stated that it also reads that the City also took $500,000 of the refinance. He further read the charge and stated that they are very strong words and his attorney will be in contact with them to find out why they feel that the City did these things. He asked why the District Attorney feels that they can serve him at the place that he eats and not at City Hall. 7. He stated that he does not know what this Council feels reserves are for. He addressed the fire station on the West End and stated that if we did it now we could do a better job and build it cheaper now and then plan on how the City could man it. He stated that the people are paying for the building in their assessments and there are plenty of people in this town that are quite capable of building it. He stated that he for one could build it. 8. He explained that he does not care what the Mayor says regarding Cal - Burger, he knew what was said in the City Manager's office and the owner was told what would satisfy Planning and the concerns of the Council, he PAGE THIRTY -TWO -CITY COUNCIL MINUTES - JANUARY 13, 1998 would be approved. He stated that what should have been done was to tell the owner a flat "no" when he came to the counter, not to keep moving him along. 9. He addressed the Senior Center and noted that the City laid off 11 employees from Public Works because there was no funding to maintain Public Works and asked why the City could not cut the Senior Center a little bit and lay someone off there to part time. 10. Addressed Mayor Pro Tem Kelley and stated that no matter what Council does it will be political because that is the system. It is the Democratic system to allow people to make choices, however people don't have the right to make choices here on this Council. He stated that it doesn't make a difference what any other town is doing and noted that he does not live in other cities, he lives in Lake Elsinore and he is concerned with Lake Elsinore politics and not anything else. 11. He questioned the football team and asked if they had the money in their hand, and as far as he was concerned "plunk it down on the table and play ball ". 12. He noted that the City makes a big "to do" regarding their accounting. He stated that it is pony show stuff since we are supposed to do that, however put in the paper that the City has found $3 million that we can do something with, that's what should be in the paper; tell him that we are going to take $300,000 from our reserves to open our parks, that's something good; tell me that we are going to take the money out of the reserves to open the fire station, that's something good; but this is bad. He stated that is like giving our City Attorney a plaque for doing her job, we pay her to do a job and if she doesn't do her job we get rid of her. 13. He stated that now that he has the document from the Grand Jury and can make a review of it, the people who said the wrong things are open for slander suits and are not protected at all. He noted a conversation that the Mayor had that referred to the fact that he wore a wire and taped a personal conversation between them pertaining to the CDBG. He stated that in review of the document it was amazing that the District Attorney didn't mention it at all and did not bring the tape to the Grand Jury and play it. He stated that it must not have had anything bad in it. Councilman Alongi stated that they have filed for a continuance and will be going over the accusations one by one and will be filing a report. He stated that they will be using every arm of the system that is available to him since it is his right as a citizen of this Country. He further stated that it is amazing to him and he sympathizes with the people on Main Street, and that is why he gets up from his chair and leaves the room, because there is no way that you can mix man's law with God's law. He explained that you will either operate on one or the other and he is a strong believer of the word and the word tells him that we must feed PAGE THIRTY -THREE -CITY COUNCIL MINUTES - JANUARY 13, 1998 the poor and the word tells him that he must help the sick and they will be among us. He stated that he does not read anything in that book that says "except if they are on Main Street". He asked where is the compassion of the people. He stated that he understands fully and that he owned five properties on Main Street and had to give them up because of the problems that he is having now. He stated that he thought it was better just to walk away from them than to face the bull crap that he has to face on Council and he understands where the merchants are coming from. He stated that he has put a lot of money on Main Street, but he also has to remember that there are those people, like Carol that the system itself has failed. He noted that he has had Carol picked up twice and brought to Riverside and the minute that he is able to tell them his name and where he lives, he qualifies to place him right back on the street. He noted Gary who burned his brain out with LSD and is afraid to step on cracks on sidewalks and is filthy and at one time he taught at a college. He asked where do we put these people and commented that if the system won't do a damn thing what do we do. He noted that they are going to be with us no matter what we say and what we do. He stated that we need to do something as a society and do something in this community. He stated that he tried to get a building in this community 3 years ago on Sulphur Street, which would have housed all the community services and use the extra rooms to house those people. He stated that this Council won't do it and the previous Council didn't do it. He stated that the very people we are supposed to take care of, we don't. He stated that we have the NHABY attitude "not in my back yard"; send them some place else. Addressed quality housing and stated that it is a disgrace to the community and he does not give a damn, so he will continue to fight for that quality housing for every level of income. He stated that if that means that a Carol has an apartment on Main Street, so be it. He stated that if that means that Gary lives next door to somebody's business, so be it. He stated that people should get on their knees and thank yourselves for what you have that God hasn't put that burden on your shoulders. That you enjoy good homes and good cars, not saying that you didn't work for them, however somebody is going to be at that bottom line. He stated that no one knows where they are going to be on that scale from year to year and he just wants to see them have an opportunity. 14. Addressed Councilwoman Brinley and stated that he did not give a damn if she has the place full of police officers, if she rattles him in any way, he will say what he feels like saying. He stated that it does not make a damn bit of difference how many officers she has in the auditorium. He stated that he has a great respect for police officers and thank them every day for the job they do, but don't you think for a minute that bringing a police officer in this building is going to curtail what he has to say to the public. 15. He stated that he hopes everyone has a happy and prosperous New Year. Councilman Metze commented on the following: . A? PAGE THIRTY- FOUR -CITY COUNCIL MINUTES - JANUARY 13, 1998 1. Complimented the committee on the Library. 2. Requested a Study Session with the Planning Commission/Design Review Committee regarding some of the issues on Main Street. He suggested that the businesses be invited to attend and participate. 3. Noted an article in the newspaper regarding the requests made to the State for the return of funds. He stated that the cities even have the Howard Jarvis Taxpayers Association in support of these efforts. He commented that the article states that $14.3 billion has been shifted from the local governments to the State since 1991. He noted that the article also states that the we have an Assembly that has passed it; a Senate that is holding it up; and a Governor who is making all sorts of promises, yet not a dime has come to the cities. He asked what the Governor is running for. 4. He commented on the situation tonight and noted the people that sit and clap and egg the Councilman on, however the document he referred to makes a statement 17 times "Willful and corrupt misconduct in office in violation of Government Code" and lists the number. He asked how they sit there and support this gentleman and he come to the meeting and trashes the rest of Council. He indicated that "ain't nobody said this about me or anyone else on Council ". He stated that it is known that four of the charges have already been tried to be appealed through the FPPC process and failed. He stated that the newspapers were really kind to the man, because only one paper said anything about corrupt, however 17 different times it is telling you, the citizens of this community that this man exhibited willful, corrupt misconduct in office. What more do you want and who are you going to believe. He asked who has been honest with you and who has been dishonest. He has the documents right here and he has the money to fight it. He noted that all the rest of Council would be out of office, because they don't have the money to fight. He stated that it is money buying time. He stated that months ago he announced that it would all come out in the wash and now it has. He stated that he considers Councilman Alongi the Titanic, going down slowly, however when it goes down it will show no mercy. Councilwoman Brinley commented on the following: 1. Stated that the library will be maintained by the County. 2. Noted the comment regarding cutting the Senior Citizen Center and giving the money to Public Works. She stated that the City cannot do that since the money does not come from the General Fund and cannot be used for other purposes. CDBG funding is restricted. 3. Addressed the downtown area and stated that they will meet with the Planning Commission/DesignReview Committee and she will have a better idea about what is going on. She stated that it is her understanding that there PAGE THIRTY- FIVE -CITY COUNCIL MINUTES - JANUARY 13, 1998 will be no soup kitchen at the church facility. She noted that when she spoke with Pastor Hilbrant, he assured her that they were going to provide security to make sure that there was no loitering or problems from their programs. She stated that she feels that there is a lot of charity on Main Street since she has seen the local merchants come out in support of different programs. She stated that she has observed the local merchants giving the homeless money to go and buy food. She stated that Pastor Hilbrant has been in that location for the last five years and is growing, and needs the room for his Sunday School and Bible Study. She noted that past history will show that she has not been in favor of churches in Business Districts just because of the type of problems that have occurred. She frther noted that Pastor Hilbrant is currently negotiating for a church and does not intend to make that site their permanent home and asked that the community be patient until he can relocate. She stated that she will be looking into the other issues. 4. Addressed Mr. Daly and his efforts for a Youth Center and stated that she will work with him to see what can be accomplished. She thanked Mr. Daly for his efforts for the youth of Lake Elsinore. 5. Commented on the Dolphins and the problems that staff has had with deadlines and field issues. She stated that one of the issues is rain damage on the field. 6. Noted that $6 million of Redevelopment Agency money was invested in the Downtown area to entice businesses to the area and to promote tourism. She noted the program on Vision and Views and stressed that this Council does care. 7. Addressed Councilman Alongi and stated that although he has accused the rest of Council of being stupid and ignorant, they are not being accused of willful corrupt misconduct and misuse of office. She stated that to her that is someone who is stupid and ignorant that would go out and do something like that. She further noted that in the charges he is accused of buying and selling Redevelopment Agency property and stated that she does not remember him turning any of that money over to chanty or giving it to Kids on Track or other favorite charities that he beats Council up about. Mayor Pape commented on the following: 1. Commented on a recent article in the newspaper about the number of building permits issues in the first part of 1997 versus the number of building permits issued during the same period of 1996 and noted that in Lake Elsinore we nearly doubled the number of permits during that time period. He stated that this is a possible sign that the recession is finally getting over with. 2. Stated that adding to the presentation by Chief Walsh, there was an article that talked about crime rate and in Lake Elsinore crime was down almost PAGE THIRTY -SIX -CITY COUNCIL MINUTES - JANUARY 13, 1998 43% from 1994 to 1996. He stated that this is a very significant drop. 3. Noted the mailer in the billings from CR & R regarding the activities in the City. He hoped that the residents have seen and read this. 4. Stated that he attended the Chamber of Commerce Installation dinner and noted that they have several projects that they will be bringing to the City in the future and he felt that by working together a lot more can be accomplished. 5. Thanked the Temescal Football Team for inviting him to join them for their banquet. He commended the kids for their accomplishments and noted that the overall GPA of the football players is 3.15, with 4 straight A students on the team. 6. Asked that Council consider during their Goals and Objectives Study Session, that funds saved from the fire department be allocated toward the other public safety needs and the Police Department. 7. Noted that the wheels of justice move slowly and stated that finally we are starting to see the results of some of the activities of the District Attorney and the 19 member Grand Jury. He stated that they took a lot of testimony to make a decision to come in with the accucations. He commented that he is sure that Councilman Alongi will do everything he can do to stall, going to court because once he goes to court and the jury reches a verdict, he is gone. He stated that he will be off the Council, there is no appeal, there is no more dragging it on, therefore he needs to do everything he can to prevent it from going to court. He stated that we will be seeing some desperate actions in the next few meetings; the time is drawing is near; and he will pat himself on the back and try to drag down whoever he can with him, but we need to focus on the positive and the things that have been accomplished in the City and move forward and put this behind us. He stated that it is a sore eye for the City, however it is something that we can work through and it won't be long and it will be over with and we can move forward. 8. Commented on his attendance at Congressman Sonny Bono's funeral as representative of the City and noted that one of the things that stands out in his mind is the story of Congressman Bono when he was Mayor of Palm Springs. He said that he felt like a pinata, because someone was always beating on him. a. Anticipated Litigation - 1 Case (Pursuant to Government Code Section . 54956.9b). THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED PAGE THIRTY -SEVEN -CITY COUNCIL MINUTES - JANUARY 13, 1998 SESSION AT 11:00 P.M. THE CITY COUNCIL MEETING RECONVENED AT 12:05 A.M. NO ACTION TAKEN. MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 12:06 A.M. Al ATTEST: n/ y �I l VICK KA" AD, CITY CLERK l -TY OF LAKE ELSINORE K W. P , MAYOR OF LAKE ELSINORE u MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 20, 1998 CALL TO ORDER Mayor Pape called the Joint Study Session to order at 11:02 a.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PUBLIC COMMENTS - AGENDIZED ITEMS None. DISCUSSION ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE 1. Goals and Objectives - City, Redevelopment Agency, Departmental. City Manager Watenpaugh gave an overview of the subjects to be discussed, and stated that He will address each subject and Council then has the opportunity to comment on each subject. I. FINANCIAL PLAN Restructure the Public Finance Authorities Community Facilities District's • Each one is to stand alone and not be pooled with others. • Move forward with foreclosures. • Refinance CFD's with Institutional Buyers. Maintain a Solid Reserve in the General Fund • Attain 25% of General Fund total in reserve. Councilman Metze asked what the average amount of the General Fund placed in reserves is for other cities. City Manager Watenpaugh stated that in PAGE TWO - JOINT STUDY SESSION - JANUARY 20, 1998 other cities it varies from no money in reserve to -one third and as much as one -half of the General Fund. Councilman Metze stated that he has asked that Mr. Gunn come to a meeting to explain the reserves and CFD's to the public. City Manager Watenpaugh stated that he has been in contact with Mr. Gunn and they are trying to set up a date in late February or March. Correct the Redevelopment Agency's Deficit • Evaluate all D.D.A.'s, D.A.'s and agreements. - Terminate agreements in default. • Develop an Economic Plan for growth. - New businesses - Jobs - Sales tax - Business retention Develop Criteria for Use of CFD Financing within the City • Size of project • Type of development • Use of funds Secure Operator and Long -term Lease on Diamond Stadium • Complete negotiation with TMC/Diamond Stadium partners. • Enter into long -term lease. • Reduce City/RDA subsidy to zero. • Develop revenue stream for RDA. Develop and Implement a Watershed Management Plan • Solicit citizen involvement. • Develop a task force to address issues. • Secure funding: - Sponsors - Grants, etc. • Secure involvement from: RCFC &WCD EVMWD EMWD School District RWQCB • Elevate San Jacinto River watershed in EPA and State Water Resources listings. Mayor Pape asked how much dialogue we have had with the City of Canyon Lake since their watershed directly affects our City. City Manager Watenpaugh explained that the City of Canyon Lake is very cooperative and PAGE THREE - JOINT STUDY SESSION - JANUARY 20, 1998 will work with us on a Watershed Management Plan, however the City must also work with the Property Owners Association as well. He explained that they will be working with the Water District to address these issues and develop a plan. There was general discussion regarding the Reclaimed Water Task Force and their findings for filling the Lake. City Manager Watenpaugh stated that water quality was a question and the there is no rain this winter, then this summer the Water District will have to start pumping water into the Lake. He noted the concern of the Water District and the cost of filtering and treat reclaimed water, therefore it would probably be potable water used. He stated that the use of reclaimed water would fall on the Water Quality Control Board and the Riverside County Flood Control/Water Conservation Board. Mayor Pape questioned the development of a revenue stream for RDA and asked if City Manager Watenpaugh had something in mind. City Manager Watenpaugh explained that if the City entered into a long term lease on the Stadium it would reduce the City's subsidy and would create a revenue stream. Update the City's General Plan/Housing Element • Secure funding for revising element. • Secure consultant. • Identify issues. • Complete by September 1998. Open City Campground • Complete RFP. • Perform maintenance tasks by April 1, 1998. - Tree trimming - Fencing - Clean-up • Secure RFP's by early March 1998. • Award concession contract by end of March 1998. • Award contract by April 1, 1998. Establish a Task Force to Address Lake Issues Councilwoman Brinley stated that she felt that there should only be the one Lake Task Force and not confuse people by forming another. She asked if the City was going to issue an RFP. City Manager Watenpaugh stated that the direction the Council has given is to consider no exclusive agreements, but to go back and discuss with certain individuals the potential for the Lake, however there has been no direction to seek RFP's. Mayor Pro Tem Kelley stated that she felt there was a need to establish a Task Force to address the recreational issues. PAGE FOUR - JOINT STUDY SESSION — JANUARY 20, 1998 Councilwoman Brinley stated that she does feel that we will need a Task Force, however until the Council makes final decisions there should be no Task Force formed. She stated that Council does have the ultimate responsibility and should choose what should be done. City Manager Watenpaugh stated that staff felt that there had been considerable conflict in trying to deal with City, County, public property, private property, inlet channel for a ski school or open to the general public, the high speed zone, sailing through the high speed zone, and general issues and problems on the Lake; and a Task Force would be utilized to give Council some direction and suggestions as to how they would address those issues. Mayor Pro Tem Kelley stated that she would like a Task Force and addressed the Fill and Operate Agreement. She stated that she would like to see a path on the levee for bicycles and walkers added to the list. Mayor Pape stated that a lot of this will boil down to the campground and Lake issues. He noted that there are a lot of things that Council would like to see done, however the question is what is practical for the City to do and what should be done by concessionaires. He stated that the slalom course is one example of an event that someone else can take on and the City will not have to deal with it or loose money on. He noted that it would be nice to have a sand beach, however the City cannot afford it and it might be something that a campground operator might want to put in. There was general discussion in regard to recreation on the Lake and the options available to Council Councilman Metze asked if the City could utilize volunteer help to clean up the campground. City Manager Watenpaugh stated that the City will use volunteers as they can and also court workers to do general cleanup. He noted that tree trimming will be done out of the City tree trimming contract. There was general discussion in regarding the cost and maintenance of the campground, as well as the income generated. • Hold Lake Study Session to identify issues. • Solicit task force members. • Address: Concessions on lake Ski school Food concessions City/County cooperation • Property issues: Public property vs. private property City vs. County • Fill and Operate Agreement: - Water replenishment - Water quality PAGE FIVE - JOINT STUDY SESSION - JANUARY 20, 1998 • Lake rules and regulations: - High speed zone - Sailing - Swimming Review and Revise the City's Municipal Code • Each department review appropriate sections and make necessary changes. • Clerk to review changes. • Prepare report to Council for approval. City Manager Watenpaugh noted that there is a need to update the Municipal Code and gave an overview of City Clerk Kasad's findings regarding requests for records. He noted that many cities have a 10 day requirement for turn around and explained the process for pulling documents. Councilwoman Brinley stressed the need for a policy to assist the process and prevent staff from doing multiple tasks, as well as allowing sufficient time to respond. He stated that some of the issues that have been raised over the last year are: use of study sessions; use of task forces or committees; placement of items on the agenda, use of staff for Council support. Review and Revise the City's Policy Manual • City Manager and City Clerk review manual and bring forward necessary corrections. • Develop policies for: Mayor and RDA Chair roles and responsibilities Citizens' requests for information and materials (attached) Use of Study Sessions - Use of task forces or committees to address community issues Policy for placement of items on Council/RDA agendas Use of staff for Council support Mayor Pro Tern Kelley stated that she would like to see a policy set that would clearly state that each individual Councilmember is exactly equal and clarify that the Mayorship is a ceremonial position, as well as the Redevelopment Agency Chair; to prevent any members of Council from making decisions the rest of the Council or Agency is unaware of. She noted that within the policy she would like to see it written that any correspondence will be copied to each member to keep them informed of the actions of others. She stated that this will prevent one person from feeling that they are above the others. Councilman Metze stated that there has been too much independent action taken by councilmembers. He stated that all members of Council should work through the City Manager and noted that all correspondence should be PAGE SIX - JOINT STUDY SESSION JANUARY 20, 1998 copied to Council. He indicated that no meeting should take place without the knowledge of the rest of the Council/Agency. Councilman Alongi stressed the need to separate the Redevelopment Agency Chairman because it is not ceremonial and operates under a different situation. He stressed that the RDA Chairman is not ceremonial and should be able to make decisions, whereas the Mayor is ceremonial and should not. He stressed that the RDA Chair must meet with developers. Councilwoman Brinley explained the actions of the Redevelopment Agency Chair and the need to act in the interest of Economic Development. She stated that Council receives a synopsis of the meetings, however if the Chair were to wait until the entire Board was notified, then no business could be conducted in a timely manner. Councilman Metze stated that he has never received a synopsis of the meetings from Special Projects Director Molendyk and noted that he is Vice Chairman of the Redevelopment Agency. He further noted that those reports go only to the Chair and City Manager. There was general discussion regarding the role of the Redevelopment Agency and the position of Chair. Councilman Metze stated that there have been two issues that have concerned him. 1) Reports from Special Projects Director Molendyk are given to Chairwoman Brinley and City Manager Watenpaugh and no one else; and 2) independent action is taken without consent of the rest of the Board/Council and is inappropriate. Councilman Alongi stated that he feels the same about committees and stated that the information is not reported back to Council. Mayor Pape stressed the need for better communication and stated that in the future all members should make sure to keep the others informed City Manager Watenpaugh clarified the duties of the Redevelopment Agency Chair and clarified the request that all members get the same informational copies. Councilwoman Brinley noted that she will provide more detail following meetings. Councilman Alongi suggested that no letter goes out to any organization without copies to the total Council and approval of the Council. Councilman Metze concurred if the letter stated a position on something, and stressed that this is only necessary if the letter takes a position. Mayor Pro Tem Kelley asked that there be a policy to empower the City Manager to say "no ", unless the issue is considered by Council. There was general discussion in regard to the Communities of Interest and it was noted that Council has taken a stand on that issue, however not the water PAGE SEVEN - JOINT STUDY SESSION - JANUARY 20, 1998 company issue. Councilman Alongi noted that this issue was discussed, however there was no vote on the item. There was general discussion in regard to meetings of emergency and what constitutes an emergency. There was general discussion regarding the placement of items on the City Council Agenda and it was noted that there is a policy addressing items that have not been addressed by Council previously and need to be heard at a Study Session. Councilman Alongi stressed that Councilmembers still have the right to place something on the Agenda. Councilwoman Brinley indicated that if Council wishes to place an item on the Agenda then there must be flexibility and the item must be submitted in a timely manner to allow staff time to prepare the item. Councilman Alongi stressed his responsibility to represent his constituents and that issues should not have to wait six to eight weeks in order to be considered; and there is a Council Policy that addresses the Agenda items. There was further general discussion regarding introducing items for the Agenda. There was general discussion regarding the election of a Mayor and City Manager Watenpaugh called for clarification regarding this issue. Councilman Alongi stated that there was no firm vote on the election for the position of Mayor and that it should be considered by Council. Councilwoman Brinley stated that a citizen is in the process of forming a petition, so it is not necessary for Council to consider this issue now. Councilman Alongi stated that it would save time and effort if the Council voted to have an election regarding this matter instead of the citizens having to circulate a petition to make the position of Mayor elected separately from the Council positions. Mayor Pro Tem Kelley indicated her approval of using Task Forces and Committees on an "as need" basis. Councilman Metze concurred, but stressed that any Committee must go before the Council for appointment. Councilman Alongi stated that he would like to see that each Councilmember has the right to appoint their own member. Councilman Metze concurred. Mayor Pro Tem Kelley indicated that there is a need to report to the City Manager and not an individual staff member. Councilman Metze stated that the City Manager should make it clear to the staff that if they are approached by a Councilmember, they should report it to the City Manager, since he felt that no Councilmember had the right to approach staff in order to give direction. Develop an Economic Strategic Plan City Manager Watenpaugh explained that he has outlined a list of topics to address and noted that the Council could have a study session since there are other agencies that would like to participate and address Council regarding PAGE EIGHT —JOINT STUDY SESSION - JANUARY 20, 1998 the different issues, and this would include RDA as well. He stressed the need for a strategic plan. Mayor Pape asked if these agencies would be able to help formulate specific types of business that the City could market, spotlighting the different amenities of the Valley. He asked if it would be possible to develop a target list for mailings, phone calls and promotion of the community. City Manager Watenpaugh stated that they could be of assistance in that area and noted the involvement of Special Projects Director Molendyk and Assistant to the City Manager Best. He explained that they have been working in this area and are aware of the opportunities. He further noted the possible areas for marketing and emphasized keeping businesses and jobs locally. Councilwoman Brinley clarified that this would affect both entities, Redevelopment as well as City economic development. City Manager Watenpaugh confirmed. Mayor Pape noted the cost to do business in Los Angeles and Orange County is so expensive, and questioned if the City could do some marketing of specific types of businesses to let them know that the City is here and what we have to offer; we might be able to entice these businesses to locate in the City. City Manager Watenpaugh agreed and outlined the opportunities available. Councilman Alongi concurred and clarified the third item on page 5, and emphasized that this is setting policy and not negotiating contracts. Mayor Pro Tem Kelley concurred. Councilwoman Brinley stated that there needs to be better communication between staff and Council regarding economic development; not to take an active role, but rather to be better informed. Councilman Metze stated that it is up to the City Manager to keep Council informed to prevent micro - managing. City Manager Watenpaugh concurred with Councilwoman Brinley and stated that staff needs to find a comfort level or proper time to tell Council and RDA what is happening. Councilwoman Brinley stressed the need to know to gain knowledge as to why a business would leave and why. She noted it is a question of who has looked the City over, given the City a thought and then walked away. She explained that there might be an issue that Council or RDA could address to make the City a better place to attract businesses. Mayor Pro Tem Kelley indicated that it would be best if staff notifies Council/RDA of viable projects. Councilman Alongi stressed that this is a management run City and management and staff should have the right to bring forth what is right for the community. He noted that we have too many developers dealing with Council and not with staff and this will send a message for them to deal with staff and not contact Council. Councilwoman Brinley stressed that when Council is informed, Council can make better decisions. Councilwoman Brinley clarified why she felt that Council should be told why developers decided not to come to the City. Mayor Pro Tem Kelley stated that she only wanted to be informed of viable projects. Councilmen Alongi and Metze concurred. PAGE NINE - JOINT STUDY SESSION - JANUARY 20, 1998 • The program should strive towards a sustainable and diversified economic base for the City. • Emphasize a regional approach supporting collaborative efforts of the Chamber EDC, Southwest Alliance, IEEP, IETC and other regional activities. • Realize both economic and redevelopment goals and coordinate both in a positive plan for economic viability. • Emphasize and support an economic gardening philosophy to support existing business, providing an in -depth support network of demographic, market niche and market share competitive data to encourage business retention and growth. • Research and pursue a business friendly government atmosphere, establishing a streamlined fast - tracked process for permitting, ombudsman or liaison assistance, one stop center or business assistance center and customer service philosophy. • Encourage community stakeholder involvement through EDC efforts, business surveys and various communications. Accept community input and utilize in a positive fashion to improve the local economic climate and image. Encourage public /private partnerships in individual and overall goals. • Support a community needs assessment/SWOT analysis to determine current status of the local economic condition, revisited regularly. Councilman Metze asked to have SWOT defined. Assistant to the City Manager Best explained that it is a survey that is done to identify "strengths, weaknesses, opportunities and threats ". Mayor Pape asked who performs the survey. Assistant to the City Manager Best noted potential sources for performing the survey. Councilman Metze asked if the City has ever had one done. Assistant to the City Manager Best stated to the best of her knowledge we have not, however there is a subcommittee from the EDC which is trying to develop one, as well as some outside entities that want to come in and make suggestions. Mayor Pape questioned why we wouldn't take advantage of some of the business people at the college. Assistant to the City Manager Best stated that currently they are working with EDC. • Establish economic development element in next draft of the General Plan. • Develop a better system for tracking business data, licensing, sales tax revenues, current employee count, SIC code information, product information and competitive markets, etc. • Consider economic development impacts when establishing land use policies and infrastructure requirements. • Pursue a business attraction program limited to specific target industries which can improve the inventory of quality jobs in the region emphasizing manufacturing in high tech and other sectors to support existing business clusters and the regional tourism orientation. Participate with other entities as warranted in cooperative marketing approaches. PAGE TEN - JOINT STUDY SESSION - JANUARY 20, 1998 • Attempt to inventory all community impacts of an expansion or relocation prior to establishing an incentive package. Consider current economic climate, job growth, quality of jobs, property and sales tax revenue, potential local or relocated hiring, supported industry sectors, etc. • Direct staff to remain abreast of issues which impact local economic development efforts including housing issues, transportation and other forms of infrastructure, legislative issues, business support programs, etc. • Realize the importance of community image and quality of life issues on economic development. Consider a new motto for economic development projecting a stable, positive business environment. • Encourage involvement of elected officials at appropriate levels of project development and realize the role of officials in setting policy. • Allow flexibility in the system to keep pace with changing needs of business in a demanding and fluidly opportunistic global economy. • Strive to improve the quality of the local labor force through coordinated training and education efforts. • Establish economic development program time lines and benchmarks coordinated with local and regional efforts. Councilman Metze asked if a study session had been set between the City and DBA regarding churches in the Business District. City Manager Watenpaugh stated that he is trying to coordinate this with the DBA. Secure Funds to Reopen Parks and Recreation Facilities • Secure funding source • Remove fences • Renovate facilities • Reestablish crews and contracts for maintenance Mayor Pape suggested that another bullet be added to state that we coordinate with the users groups. Mayor Pro Tem Kelley concurred and stated on her list she has partnership with youth leagues. Councilman Alongi asked why we would single out the youth groups and not including the rest of the community. Mayor Pro Tern Kelley stated that it does include the rest of the community, however the youth group uses are the most affected by field maintenance. Councilman Alongi asked about the funds available for the parks. City Manager Watenpaugh stated that by the end of the month the City will be out of money and on the 27th he will give a final report. Mayor Pape stated that parks can be further addressed depending on what happens in Closed Session. He noted that depending on how the agreement for the Stadium goes, Council may have to deal with the fences, facilities and staffing as soon as possible. He stated that he does not want to put planning for that contingency off. PAGE ELEVEN - JOINT STUDY SESSION - JANUARY 20, 1998 City Attorney Leibold arrived at 12:16 p.m. II. ORGANIZATION • Relocate Engineering to Community Development; Community Services upstairs; and trailer to Boat Launch/beach area for lake patrol and visibility. • Reclassify several positions (closed session item). City Manager Watenpaugh gave an overview of his suggestion and stated that he would like to see Engineering moved to the other side of the building to facilitate public access to that department and move Community Services Department up stairs to give them more room. Councilman Alongi asked who would then be located in the old Community Services office. City Manager Watenpaugh stated that it would be used by the City Attorney. He explained that he would like to move the trailer that is located behind City Hall to the Boat Launch area; noted the potential for increased use and indicated that the Police Department uses the trailer for traffic reconstruction at night and would give more law enforcement visibility at the launch site. Councilman Alongi questioned any costs to move the trailer for set -up. City Manager Watenpaugh gave an overview of the needs. Community Services Director Sapp stated that it would cost approximately $7,000 for the electrical panel, however there would be no cost for the physical move. City Manager Watenpaugh stated that he would bring the costs for the relocation back to Council. CITY COUNCIL RECESSED AT 12:21 P.M. CITY COUNCIL RECONVENED AT 1:42 P.M. WITH ALL MEMBERS IN ATTENDANCE. III. DEPARTMENTAL GOALS City Manager Watenpaugh gave an overview of the process of goals and objectives and noted that each department has developed a list of projects and goals. Councilwoman Brinley asked if Redevelopment Agency project were included as well. City Manager Watenpaugh explained that he will separate the RDA from the City projects later. Mayor Pape questioned the time frame for Albertson's groundbreaking. Senior Planner Villa explained that they anticipated opening by June, however with Cal -Trans requirements he felt that it would be later than that. There was general discussion in regard to the opening date. City Manager Watenpaugh indicated staff would contact the developer and provide an update for Council. He explained the Outlet Center expansion project has been delayed because of new ownership. Special Projects Director Molendyk stated that there is still interest in hotel/restaurants, however since the merger it is taking longer than anticipated. He stated that he will keep Council informed. PAGE TWELVE.- JOINT STUDY SESSION - JANUARY 20, 1998 Mayor Pape questioned the progress on the Raceway. City Manager Watenpaugh noted that staff is working with them to complete an EIR and he will keep Council informed. He further noted La Laguna and explained that they are revising maps and changing mitigation. He stated that North Peak has submitted and is in the review process on their revised plans. Senior Planner Villa indicated that they are revising the documents and tentative map however they have not selected a consultant and the Planning Department is waiting to move ahead. Councilman Alongi asked if TMC was still on line to do El Toro and Nichols Road by mid 1998. City Engineer O'Donnell indicated that Nichols road will be constructed with Phase I. Councilman Alongi stated that he would like to see El Toro Road done at the same time. City Manager Watenpaugh stated he would get clarification. Special Projects Director Molendyk noted documentation regarding North Peak, but indicated they wanted to turn some dirt in 1998. Councilman Alongi stressed that they had announced that they were going to do both Nichols and El Toro Road. City Manager Watenpaugh noted the status of the Eastlake Project. He addressed the LEA Tentative maps. There was general discussion regarding the TMC/Liberty project. Councilman Alongi suggested that there be no discussion in regard to this item since it is to be heard in Closed Session. City Manager Watenpaugh gave an update on Tuscany Hills. Councilman Alongi questioned capping of the streets. City Manager Watenpaugh clarified the road and landscaping issues. Mayor Pro Tem Kelley questioned Cottonwood Hills. City Manager Watenpaugh noted that they are doing some permit preservation grading and there is a possibility that it is on the market for the right price. Planning Division • Maintain acceptable pace for reviewing and processing various development proposals as have and may be submitted. Significant projects anticipated at this time include: - Albertson at Four Corners (GPA & Design Review) - Outlet Center Expansion (Specific Plan and Design Review) - Alberhill Raceway (Specific Plan & Environmental) - La Laguna (600 unit residential Specific Plan at west end, tentative tract maps) - North Peak (Revised Specific Plan & Environmental) East Lake (Revised Specific Plan - TMC) - LEA Tentative Tract Map(s) in East Lake - New Tuscany Hills Development PAGE THIRTEEN - JOINT STUDY SESSION - JANUARY 20, 1998 • Complete proposed antenna and communication tower ordinance. • Complete Multi - Family Residential Land Use and standards study relative to moratorium. Formulate recommendations. • Complete Lake Edge Specific Plan. City Manager Watenpaugh stated that we need to complete the Lake Edge Specific Plan. Councilman Alongi questioned how this could be accomplished without cooperation of the County. City Manager Watenpaugh noted that it needs to have a final adoption by the City. He commented that it could be impacted by the Cleveland Ridge COI. • Start preparing for comprehensive General Plan update (if possibility of funding available in future), including state certification on Housing Element. • Continue to strive to improve customer service to highest level feasible. • Improve use and access of GIS and other computer information systems. Mayor Pape asked if during customer service training that it be stressed that all the departments communicate with each other. He noted the frustration of the public. He noted that Councilwoman Brinley has discussed this with staff and has stressed one - stop -shop service at the counter. Mayor Pro Tem Kelley questioned placing a computer in the lobby. City Manager Watenpaugh stated that there would be one in City Hall for the public and one at Vons. Councilman Alongi suggested that there should be a list of employees and their functions placed on the counter to assist people in knowing who they should speak to. City Manager Watenpaugh stated that staff is currently working on that project. Councilwoman Brinley stressed the lack of information being provided and indicated that City rules are not being provided. Councilman Metze noted the misinformation the public receives. Councilwoman Brinley stressed the need to provide the correct information. She noted the desire of the Downtown to have the Design Review Committee revert back to the way it used to be. Councilman Metze stated that the Downtown Overlay District should be kept as free of politics as possible and noted the possible problems with the appeal process. He suggested that it remain with the Planning Commission since it is the planning staff that addresses the Downtown. Councilwoman Brinley stressed the fact that the merchants need a say in the process and reiterated her recommendation for the consistency of the Board. Councilman Alongi noted the work and money involved in the criteria for the Historic Downtown District and stressed that the applicant can appeal to the City Council, however if a Councilmember sits on the Design Review Committee then it would affect the appeal procedure. Councilman Metze concurred and noted the difficulty in deciding who should be placed on the committee. Mayor Pape suggested that Council hold a workshop to discuss the issues of the Historic Downtown Area. He noted that it would be a goal for the Downtown to try and maintain some of the • PAGE FOURTEEN - JOINT STUDY SESSION - JANUARY 20, 1998 improvements that the City has made in the area, and painting light posts, trash cans and seats to help keep the up the appearances of the Downtown would be beneficial. He noted that lighting would require allocation of money. Councilwoman Brinley stated that there is a need to maintain the Redevelopment Agency's investments. Building and Code Enforcement Division • Maintain an acceptable performance level for building inspections for the several new commercial projects (Albertson, Lake Chevrolet, USA Properties Apartments, two ARCO gas stations, World Savings Bank, El Pollo Loco, etc.). Along with residential tracts (Tuscany Hills, Elsinore Homes, Jenna Group, Centex Homes, K. Hovnanian, 888 Development, Curtis at Splash, Summerhill, etc.) and other typical day to day inspection requests. City Manager Watenpaugh explained that this was included to note that even though City Hall is closed on Friday, the inspectors will still go out and perform the necessary inspections if arrangements are made in advance. • Continue to train and educate staff per AB717 (Inspector certification and education) requirements. Mayor Pape questioned the status of the "Splash Project ". City Manager Watenpaugh explained that there are a number of groups looking at that development. Senior Planner Villa explained that there is some talk of buying the project by lot which would obligate the owner for streets and other improvements. • Implement proposal for Citation Management System (attached). City Manager Watenpaugh explained that staff is working to combine vehicle and Lake citations to generate more revenue for the City and to give City staff more authority to collect on the citations. Councilman Metze asked if the County was still receiving a percentage of this program. City Manager Watenpaugh stated that the County was receiving a piece of the handicap citations, however they do not get any percentage of the Lake citations. He noted that the County receives a percentage of Street Sweeping Parking citations as well. Mayor Pro. Tem. Kelley questioned how the fines are working on Code Enforcement. Building and Safety Manager Russell stated that they are having a good collection rate, but some still do not pay. He noted that the proposed new computer program would be able to track all citations. Mayor Pape questioned the collection method and asked why it would not be closer to 100 %. Building and Safety Manager Russell indicated that only the traffic cites can be actached to the D.M.V., but the Lake and Administrative citations cannot and must go to a collection agency. PAGE FIFTEEN - JOINT STUDY SESSION - JANUARY 20, 1998 Councilwoman Brinley asked who we used to do collections. Building and Safety Manager Russell stated that the City uses Orange Coast Credit. Mayor Pape emphasized that the concern is to get people to comply with the law, not generate revenue. Building and Safety Manager Russell stressed that if they are to administer the program then they need a method to do so. Mayor Pro Tem Kelley commented on the need for cooperation with the County on matters that directly affect the appearance of the City and cited the area near her house. She stressed the need to work with the County to resolve that type of issue. City Manager Watenpaugh stated that he would be glad to contact the County. Mayor Pro Tern Kelley noted that at one time it was discussed that the County would house one of their Code Enforcement Officers in City Hall. City Manager Watenpaugh indicated that he would look into the possibility. • Abate certain sub - standard structures throughout the City, prioritized on the basis of severity of conditions and resources available. City Manager Watenpaugh suggested the need for a priority list to address the largest problems first. Councilman Metze stated that the City should coordinate with the Sheriffs Department. Mayor Pape suggested that the City cooperate with the Fire Department and see if they could use some of the properties as training exercises. He stressed the need to be more cooperative under the contract and firmer in the resolve in respect to the things that we wish them to do for us. Councilman Alongi asked who would clean up after the training exercise. Mayor Pape stated that it would be a lot easier to clean up ashes than a full demo. City Manager Watenpaugh indicated that he can ask the Fire Department and find out if there are any problems related to that action. • Perform nuisance abatement action on various properties throughout the city, based on conditions and available resources. • Perform annual weed abatement activities. City Manager Watenpaugh explained that there were a few problems with the program this year and there will be a greater effort for accuracy. Councilman Alongi stated that he would still like to see a program in the City where people use our contractor Greg Smith; or put their name on a list to have the contractor do their property. He indicated that this would allow the public to get their abatement done without the City having to chase them down. Councilman Metze asked if this could be included in the first notice. Councilman Alongi stated that this would just give us the opportunity to allow the absentee owners to address their weed abatement without a lot of cost. Mayor Pape questioned how they would pay for it. Councilman Alongi stated that the City could bill them. City Manager Watenpaugh stated that the City could provide a list of abatement contractors they could contact, but staff would have to attach a fee to the cost for handling. Mayor Pape stressed the PAGE SIXTEEN - JOINT STUDY SESSION JANUARY 20, 1998 need to be out of the business. City Manager Watenpaugh noted that if the City can assist in the hiring of a contractor, it is to the benefit of the owner and the City. • Continue the Abandoned Vehicle Abatement program. Engineering Division • Construction of the following Capital Improvement Projects: McVicker Canyon Debris Basis City Engineer O'Donnell explained that McVicker project is behind, however in another six weeks they should be done. Mayor Pape stated that he has been following the project and noted that there are a lot of people in that area who are being required by their lenders to have flood insurance because of the situation with the Debris Basis. He noted that it will be at least six months after completion of the project before FEMA will actually change the maps. He asked that Engineering keep the Council posted, so they can inform the people. - Lakeshore Drive at Lakepoint Park Street improvements - Mission Trial from Diamond Street to Malaga Street Pavement Rehabilitation - Spring Street from Lakeshore Drive to Collier Avenue Pavement Rehabilitation - Chaney Street from Lakeshore Drive to Collier Avenue Pavement Rehabilitation • Develop and implement a capital improvement program for City improvement projects. • Review and assist development projects to meet City's development standards. • Develop and implement best management practices (BMP's) for the NPDES Program (Storm Water Pollution Program). • Develop a better trench paving program for utility companies. Mayor Pape addressed the problem of the City paving a road and then the utility companies coming behind and opening the road for their purposes. He noted that in other cities they are notified of the road work and are given the opportunity to do their work before the paving is done, however if they choose to do it later, then they are charged a fee for encroachment and the money is then provided to do a proper repair. He stated that he would like to see an ordinance put in place to address that issue. Councilman Metze concurred and stated that it should be curb to curb. He stressed the need for the streets to be repaved from curb to curb to prevent the problems that we are dealing with today. City Manager Watenpaugh noted that the policy that was presented by Mr. Tecca to Elsinore Valley Municipal Water District was center line to curb. Councilman Metze noted that is not what has been done. PAGE SEVENTEEN - JOINT STUDY SESSION - JANUARY 20, 1998 City Engineer O'Donnell stated that EVMWD was only required to pave three feet each side of the trench, and now the requirement is from center line over. City Manager Watenpaugh stated that Eastern is going center line to curb. Councilwoman Brinley stated that in the old section of town the trenches are sinking away. City Engineer O'Donnell explained that if the trenching has been done within the year, the City can require them to fix it. City Manager Watenpaugh stated that we can have them inspected. Councilwoman Brinley stated that Sumner, Townsend, Chaney and Davis Streets are all terrible. She noted that they had been redone four years ago and now they look terrible. Councilman Metze concurred that many other areas as well are affected. • Develop and implement a computer tracking system for Engineering plans. • Develop programs in solid waste management to try to meet the 50% diversion rate in the year 2000. • Apply and obtain the fifth cycle funding for the City's used oil recycling program. • Develop a more cost effective program for used oil recycling. • Develop applications for City projects for funding from the reauthorization of the next ISTEA Federal Funding Program. Community Services Department Administration • Develop and distribute an RFP to secure a concession agreement for the City Campground. • Establish a Task Force to address Lake issues. (Study Session) • Develop a Community Services task force to address parks, recreation, lake and facilities issues. • Update the Parks Master Plan and develop a Trails Master Plan. • Develop a Customer Service policy and training program for all city employees. • Maintain an effective working relationship with the Lake Elsinore STORM Baseball Club. • Continue to research funding needs and monitor current funding recipients for the city's CDBG program. Recreation/Tourism Division • Develop an annual Tourism program to include promotion of the lake, stadium, special events, etc. • Emphasize a regional approach to tourism by supporting collaborative efforts of the Chamber, private tourist destinations, and other regional activities (ie: Snowbird conventions, water sports shows.) Mayor Pro Tem Kelley asked if Goat Brekker has signed another contract. PAGE EIGHTEEN - JOINT STUDY SESSION - JANUARY 20, 1998 City Manager Watenpaugh stated that he has not, however the City does have seven or eight Lake Activity Permits signed for the coming year. Mayor Pro Tern Kelley asked if Mr. Brekker is planning on coming back. Community Services Director Sapp stated that at their last conversation Mr. Brekker had indicated that he would be returning. • Become more involved with the Inland Empire Tourism Commission. • Develop a relationship with production/filming companies throughout Los Angeles and San Diego. • Remain active with and supportive of local youth and adult sports organizations and continue to assist with their needs. • Research funding opportunities and encourage community assistance to support recreation programs and community special events. • Develop a program or programs to utilize the Lake Community Center. • Continue to work with private promoters to offer large special events to the community. • Pursue a relationship with a contractor to develop a program in the Inlet Channel to allow flexibility of use for the public. • Continue to work with the Riverside County Office on Aging to insure that the needs of the senior population are met. • Participate with local health organizations to provide health services to the senior population. Public Services Division • Develop a Park Ranger Program. • Develop a Street Tree Inventory Program. • Establish a 10 year carpet and roof replacement program for city facilities. City Manager Watenpaugh explained capital costs and the need to plan for replacement. He noted that generally during good times cities put aside money for replacement of capital items, however larger cities do that even in tight times. • Establish a 3 year program for interior and exterior painting of city facilities. • Hire part time staff to perform right -of -way and city property weed abatement. City Manager Watenpaugh noted the high cost of using the Weed Abatement Contractor to abate weeds on City owned property and explained that this could be done for much less money if it were done by part time staff. • Establish a five year buoy replacement program. City Manager Watenpaugh noted the cost of replacement of buoys and the problems they have had with damage. PAGE NINETEEN - JOINT STUDY SESSION - JANUARY 20, 1998 • Develop a replacement program for city street signs. • Establish a preventative maintenance program including a 3 -5 year slurry program, annual striping program and right -of -way maintenance. • Reestablish a graffiti program. Mayor Pape asked if there was anything that could be put together for a part time person to reestablish the graffiti program in addition to painting or picking up trash. City Manager Watenpaugh stated that he could put together costs for a part time employees for two or three days a week. Mayor Pape noted the impact of not doing the graffiti program for the last six months. Mayor Pro Tem Kelley noted a letter that was received by Council from a lady who was willing to head up a volunteer program. Councilman Metze concurred and stated that there may be some way to incorporate volunteers. Mayor Pape suggested the City organize youth groups and other organizations for weekend clean-up efforts. Mayor Pro Tem Kelley addressed tree lights on Main Street and stated that they should have a category. Councilwoman Brinley stressed that the tree lights were a part of the aesthetics of the area. Councilman Metze questioned if the City Manager had enough information regarding the citation program. City Manager Watenpaugh concurred. City Manager Watenpaugh addressed the RDA Goals and explained that this is the first time the RDA has been separated from the City. • Agency has developed a financial plan to address the deficit through DDAs, DAs and agreements of which the majority are RDA's. • Complete the LEA settlement. • Secure a long term lease on the Diamond Stadium. • Develop an economic strategic plan.: • 20% set aside to assure that we have programs that are in compliance. Councilwoman Brinley asked that the RDA and EDC work together on economic development. City Manager Watenpaugh stated that he would set up a meeting with the steering committee of EDC to assure involvement. Councilwoman Brinley indicated that this should include the Vice Chairman as well. City Manager Watenpaugh commented on the variation in roles between the Mayor and Redevelopment Agency Chairman and clarified the difference. City Attorney Leibold noted that there is more need to be aware of the distinction between the City and RDA. She further noted the official name of the Agency under the Bylaws adopted in 1980, is the "Redevelopment Agency of the City of Lake Elsinore ". She addressed appointments and noted that the Bylaws state that the election of officers for the Redevelopment Agency specifies the position of Chair, Vice Chair and Secretary/Treasurer, PAGE TWENTY JOINT STUDY SESSION - JANUARY 20,1998 who shall hold office until reappointed. She noted that a formal policy does not have to be established, however typically the reappointment could occur at the same time as the selection of Mayor. Councilwoman Brinley clarified that appointment can occur the same time as Council appointments. City Manager Watenpaugh gave a brief summary of the budget and what has occurred in the first six month of this budget. He noted that the report does not include police and fire since they were budgeted, but their figures have not come through yet. He noted that the General Fund and Property Tax will not exceed the original estimate and sales tax will slightly exceed the original anticipated amount. He further detailed the economic standing of the City and stated that it looks good for the first of the year. He noted the budgetary adjustments needed and departmental estimates from the first of the year are on target and mid year we have reached about 52% expenditure. He indicated that there are areas that must be treated with caution to prevent exceeding projections. Mayor Pape noted the Planning Department numbers. City Manager Watenpaugh commented on the budget expenditures by each department to date and summarized the budget for LLMD. He explained the expenditures on the Stadium and Lake Park enterprise fund; actual departmental account breakdowns on revenue and noted that the City is looking very good at this point City Manager Watenpaugh addressed the Capital Project Schedule for projects funded in this year's budget. He noted the breakdown on each project. City Engineer O'Donnell detailed the projects and their status as follows: Annual Misc. Street Repair - Various locations in the City. City Engineer O'Donnell addressed slurry seal in the area off Lake Street and some of the streets off of Machado. He noted that construction would begin in May /June. Councilman Alongi questioned if Zieglinde would be done. City Manager Watenpaugh noted the existing schedule for the maintenance of streets without having to overlay. Councilman Alongi questioned the money allocated to slurry and whether it can be used on something else. City Manager Watenpaugh stated that it would have to be reprogrammed through RCTC. Councilman Alongi noted streets like Bromley, DeBrask and McBride which will be impacted by the rains. Councilman Metze included Shrier. Councilman Alongi noted that the City used rubberized stuff in the past, and expressed concern with slurrying some and doing nothing with others. City Engineer O'Donnell stressed preventative maintenance. Councilman Alongi indicated that Amber Ridge has only had attention paid to it one time. and there are a lot of people that live in that area. He stated that he does not object to slurrying street and doing preventive maintenance, however it must be spread around. Public Works Manager Payne stated that the listed project are scheduled up to July 1, 1998, however after that date the streets mentioned could be scheduled. Councilwoman Brinley stated that PAGE TWENTY ONE - JOINT STUDY SESSION - JANUARY 20, 1998 Shrier needs attention now. Councilman Alongi stressed the difficulty during rains and noted that it seems that we are worrying about pavement which might go bad versus pavement that has gone bad. Councilman Metze questioned the discussion of grinding the old asphalt for use in the stressed areas. City Engineer O'Donnell stated that there would not be that much material available. He noted that as follow -up to Councilman Along; he stated that the City has a problem with dirt streets and explained that if a temporary is placed on an existing grade and then someone wants to build a house in that area and asks where curb, gutter and sidewalk are required, the proposed home owner would have to tear up the pavement and make repairs to make it fit, therefore it would be better to leave them dirt until they can be done right. He further noted that temporary streets deteriorate rapidly and it creates another problem with keeping them up. Councilman Alongi addressed the amount of money slated for Mission Trail and stated that he felt that there was a greater need for Bromley, DeBrask and McBride since we accepted an in -lieu fee that was taken from those areas and stressed that nothing has ever been done there, nor has anything been offered to this area. City Manager Watenpaugh acknowledged Councilman Alongi's statements and noted that Council has, through CDBG, allocated funds which will free up dollars for other areas to at least firm up the streets. He stated that Strickland will have a barrier placed at the curve for safety. Councilwoman Brinley suggested a review of the barricade at Davis and noted the impact of traffic on the other streets. She noted the near accidents on Townsend due to a visual problem and opening Davis would eliminate that. Councilman y Alongi concurred with the visual problem especially with trash trucks etc. City Engineer O'Donnell stated that there would be rehabilitation work on Mission Trail between Malaga and Diamond Drive. He noted that the City is working with Cal -Trans on the Traffic Signal at Dexter Ave. Mayor Pape stated that the traffic signal should be done by the time that school is out. City Manager Watenpaugh stated that it is the fault of the State. He noted the traffic signal at Mill and Casino Drive. Mayor Pro Tem Kelley requested Engineering to Notify the School District when the signal is on line. City Manager Watenpaugh noted the section on Main Street in the Lake Point Park area has been completed. He further detailed the rest of the Capital projects. Mayor Pape questioned that amount of money that will be spent on streets. City Manager Watenpaugh noted the breakdown in the budget for Capital Improvement Projects. Councilman Alongi addressed a problem on Mohr Street and commented that a lady had received a ticket and there is no signage in that area, and her car was towed away. City Manager Watenpaugh stated that he would check with the Sheriffs Department. Pubilc Works Manager Payne gave an overview of the streets that have been or will be slurry sealed and noted that it has been at least 10 years since any of the roads have received attention. He fiuther noted the streets that are scheduled for sidewalks, curbs and gutters. He detailed the maintenance plan for capital monies. Mayor Pape questioned the calendar plan and asked if some of the projects could be placed on the next year's calendar and address some of the major ploblem areas now. He stressed that some of the streets have been neglected due to lack of funds and shoud not be put off any longer. PAGE TWENTY TWO - JOINT STUDY SESSION - JANUARY 20, 1998 Councilwoman Brinley asked that the Meeting go back to RDA to put some information forward. She noted that there is a need for a,4 /5ths vote to add an item to the Closed Session for RDA. City Attorney Leibold advised that in context of discussions, there were questions which needed clarification, which have arisen since publication of the Agenda and she will need a vote to allow consideration. MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADD REAL PROPERTY NEGOTIATION - LEA SITE TO THE CLOSED SESSION AGENDA UNDER AUTHORITY OF GOVERNMENT CODE 54956.8. • Annual Curb /Sidewalk Replacement - Various locations in the City. • Annual Misc. Street Restoration - Various locations in the City. • Underground Storage Tank Decontamination - Intersection of Main St.& Sulphur Street. • Guard Rail Barricade - Strickland Ave @ Foster St. • San Jacinto River Mitigation - San Jacinto River (Lakeshore Drive Bridge). • Pavement Rehabilitation - Mission Trail - Diamond Drive to Malaga Road. • Traffic Signal Dexter Ave. @ Highway 74. • Traffic Signal - Mill St. @ Casino Drive. • Street Widening and Drainage Improvements - Lakeshore Drive: Lakepoint Park to Main Street. • Bridge deck Restoration - Casino Drive Bridge @ San Jacinto River. • Pavement Rehabilitation - Chaney Street: Lakeshore Drive to Collier Ave. • Pavement Rehabilitation - Spring Street: Limited Ave. To Collier Ave. • Sidewalk and Access Ramp Improvements - Kellogg St., Sumner Ave., Lindsay St. Mayor Pape questioned if Council should try and prioritize from the discussion or should leave the priorities as they have been listed. City Manager Watenpaugh suggested that he be given time to consider the discussion and he will bring back his recommendations to Council. Mayor Pape stated that he has two areas that he would like to see addressed: the first is a stop sign on Mill near Avenue 12, which was brought to his attention by the residents in that area; and the speed of traffic over in the Terra Cotta/Lincoln area. City Manager Watenpaugh stated that he would report back to Council with the findings regarding those areas. Councilman Alongi questioned a stop sign to control speed, and asked if a traffic study was necessary. City Manager Watenpaugh stated that he would look into this as well and he would have the Sheriffs Office patrol the area more frequently. Mayor Pro Tem Kelley requested an addition of an item to the Special City Council Meeting by a 4 /5ths vote. She clarified the need to discuss the City PAGE TWENTY THREE - JOINT STUDY SESSION - JANUARY 20, 1998 Council's position on the merger of the Water Districts and the need to address Council's position with LAFCO on the 22nd. Senior Planner Villa noted that staff has submitted a report to LAFCO requesting continuance of Cleveland Ridge because City staff does not have enough time to review the whole packet, however LAFCO could take action on it anyway. City Manager Watenpaugh cautioned that in the past it has been recommended to LAFCO that another unincorporated area be denied and they did not follow that recommendation and approved the action. Councilwoman Brinley inquired if staff has requested more time for review, wouldn't they consider that and continue the item. City Manager Watenpaugh concurred, however he noted previous actions by LAFCO. City Attorney Leibold clarified the City's ability to consider the item by 4 /5th vote since the item did not come before Council prior to the publication of the Agenda. Councilwoman Brinley stated that she felt that Mayor Pro Tem Kelley was asking for a consensus of Council. Councilman Alongi asked why it needed to be done in Closed Session and suggested that they discuss it prior to going into Closed Session. City Manager Watenpaugh questioned the potential for litigation. City Attorney Leibold suggested that the item can be taken to Closed Session first to determine whether Council has the authority to discuss the item and then return it to the floor if it is acceptable. MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADD THE DISCUSSION OF THE CITY COUNCIL'S POSITION REGARDING THE MERGER OF THE WATER DISTRICTS TO CLOSED SESSION TO DETERMINE IF IT IS APPROPRIATE TO DISCUSS THE ISSUE IN OPEN COUNCIL MEETING. � § " � M THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 3:15 P.M. v W. PAPV, MAYOR OF LAKE ELSINORE ATTEST: plo PAMELA BRI Y,ICHAIR'" REDEVELOPMENT AGENCY VICKI KASAD, CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 27, 1998 CALL TO ORDER 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 Presentation of Colors by Pack 30 Cub Scouts, sponsored by Elks Club, with Assistant Leader Hasal. INVOCATION None. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE Also present were: Executive Director Watenpaugh, Legal Counsel Leibold, Administrative Services Director Boone, Community Development Director Sapp, Fire Chief Seabert, Police Chief Walsh, City Engineer O'Donnell, Building and Safety Manager Russell, Senior Planner Villa and Clerk of the Board Kasad. Councilwoman Brinley noted that Dave Walsh sits on Transportation Now Coalition and would be reporting on behalf of that group. Dave Walsh provided an update on the Transportation Now Coalition and its accomplishments. He noted specific actions prompted by citizen queries such as the relocation of the bus stop from the Alamo Market to Graham/Langstaff. He also noted their success in obtaining a Van for Project HOPE, and the second season for the Holiday Trolley. He expressed his personal concerns with the Welfare to Work Programs and stressed the need to reallocate the dollars. U PAGE TWO - CITY COUNCIL MINUTES - JANUARY 27, 1998 Councilwoman Brinley noted that the Committee is working diligently to reconnect the old Route 28 from Temecula to Corona. She commented on the responsibility to provide public transportation in support of the Welfare to Work program. She advised that RTA is initiating a program in the schools from Kindergarten forward to learn about the bus routes. She further advised that efforts will be starting at Lake Elsinore High School in the Leadership Classes. She stressed the concern of the Committee to make travel through the City more pleasurable and provide better service to the Community. She introduced Joan Danfifer from R.T.A. and noted her help and input to the committee. Mayor Pape noted the Redevelopment Agency public hearing on the Stadium Lease Agreement and suggested holding the Redevelopment Agency Meeting first. City Attorney Leibold noted the need to add a Closed Session item under Government Code Section 54956.9 regarding a case of Anticipated Litigation upon which the facts and circumstances arose after the posting of the agenda. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADD THIS CLOSED SESSION MATTER OF ANTICIPATED LITIGATION TO THE AGENDA. THE CITY COUNCIL MEETING WAS AT 7:14 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:35 P.M. None Requested: Councilman Metze indicated that he would be abstaining from vote on Item No. Lb. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Study Session - December 18, 1997. b. Special City Council Meeting - December 30, 1997. (The vote on this set of Minutes was an approval by a vote of 4 to 0 with Councilman Metze abstaining). C. City Council Study Session - December 30, 1997. PAGE THREE - CITY COUNCIL MINUTES - JANUARY 27, 1998 d. Special City Council Meeting - January 6, 1998. The following Minutes were received and ordered filed: e. Planning Commission Meeting - December 17, 1997. f. Planning Commission Meeting - January 7, 1998. g. Design Review Committee Meeting - December 17, 1997. h. Design Review Committee Meeting - January 7, 1998. 2. Ratified Warrant List for January 15, 1998. 3 Received and ordered filed the Investment Report for November, 1997. 4. Approved Conditional Cancellation of Special Tax Lien CFD 88 -3 (Lake Elsinore Unified School District), and authorized the City Clerk to sign and record appropriate documentation on behalf of the City. 5. Approved Public Hearing Date of February 10, 1998, for the following: a. A request to amend the East Lake Specific Plan, for about 784 acres, to reduce the number of proposed residential uses and reduce the commercial and mixed uses. Pursuant to the California Environmental Quality Act, staff will prepare an EIR Addendum to address potential environmental impacts which may result from the project. Control. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1033 UPON ON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 6.04 "ANIMALS AND ANIMAL CONTROL OFFICERS", OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 27, 1998 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No- 1034 mlatine to Zone Chanee 97-1 - Riverside Drive/Collier . 'm MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1034 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 3.37 (2.54 NET) ACRES LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF RIVERSIDE DRIVE (HWY.74) AND COLLIER AVENUE, FROM M-1 (LIMITED MANUFACTURING) TO C -M (COMMERCIAL MANUFACTURING) ZONING DISTRICT (ZONE CHANGE NO. 97-1). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE City Manager Watenpaugh noted that this is a summary of the funds collected to date and a request to continue funding. He reminded Council of the reallocations following the initial closure of the parks and the authorization for matching of funds collected. He detailed the contributions and expenditures to date. He noted the potential for a funding source with approval of the WC_ Lease_Agreement and the potential for reallocation of the saved dollars. He suggested that the Council also consider the potential of funding an additional $30,000 to remove the existing perimeter fencing in the parks; and another portion to be allocated for the separation of the Campground to allow it to reopen. He noted other possible uses for the removed fencing. He suggested that the Council might want to wait until an agreement is approved before consideration of additional reallocations. Mayor Pape commented that sometimes the best plans don't always work out, PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 27, 1998 as it was originally intended that there would be a funding source to allow Council to bring the parks back to at least the 50% level. He clarified that the funding source was to be the savings on operations of the Diamond. He noted that while the agreement is very close, it is not yet final. He stressed that both sides want to assure that all of the details are taken care of, and indicated that the substantive issues have now been dealt with. He explained that the service level being discussed is a 50% level, which is more than has been seen recently. He indicated that with regard to plumbing and electrical, the approval should be on an as needed basis, rather than no allowance for repairs. He suggested that with regard to irrigation, inspection should be daily to allow for daily changes in weather and conditions. He indicated that the other item to consider would be Park Capital Funds paid by the developers; he noted that this can not be used for park maintenance, but could be used to address capital items, such as approximately $54,000 for lights. He suggested replacement of the lights at Lakepoint park, with the remaining good bulbs being used for Terra Cotta Park. Mayor Pro Tem Kelley suggested that with the Stadium Agreement continued to the next meeting, she would also like this item continued; although she would support the allocation of funds to replace lights and noted the existing safety issues at Terra Cotta. She noted that the youth leagues have expressed a desire to add their dollars for maintenance and help out with the parks. She reiterated her thought that this should be continued to the next meeting. Mayor Pape suggested that any action be made contingent on the Lease Agreement being approved. Councilman Alongi concurred with Mayor Pro Tem Kelley and stressed that the money will come out of the reserves and open the parks for use. He suggested that the longer we delay, the more it hurts youth teams and their ability to make plans. He indicated that this item could be postponed and whatever the decision on the agreement, the Council could still take another direction to open the parks. He noted that he does not want to see them closed permanently. He stressed that developments are still paying assessments for the parks, and reiterated that this item should be postponed, offering to second such a motion. Councilwoman Brinley indicated that she would have no problem with approval contingent upon the approval of the agreement; and if it does not go through it will need to come back for further discussion. MOVED BY BRINLEY, SECONDED BY PAPE TO APPROVE THE / REALLOCATION OF $132,500 FROM THE STADIUM LEASE SAVINGS FOR THE OPERATIONS AND MAINTENANCE OF THE CITY'S PARKS FACILITIES AT A 50% LEVEL FOR THE BALANCE OF FISCAL YEAR 1997 -98, CONTINGENT UPON APPROVAL OF THE CONTRACT WITH TMC FOR THE STADIUM LEASE; AND ALLOCATE $54,000 TO REPLACE THE BULBS AT LAKEPOINT PARK, REUSE THE PAGE SIX - CITY COUNCIL MINUTES - JANUARY 27, 1998 REMAINING BULBS AT TERRA COTTA AND ALLOT $5,000 PER MONTH FOR JULY, AUGUST AND SEPTEMBER FOR ADDITIONAL WATERING OF THE PARKS. Councilman Metze requested clarification of the $5,000. Council clarified the intent. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. Shirley Armstrong, 415 N. Lowell, indicated that she was present to disagree with the remarks made by Councilman Alongi at the last meeting. She indicated that they go back many years, and she has seen the good, the bad and the worst in him. She further indicated that he had no business bringing she and her husband into the discussion, commenting that it was cruel and unnecessary. She commented that with regard to loving him like a brother, her husband did at one time; however after he saw what George was becoming he did not agree. At that time he dissolved the partnership in 1991, nand from them on Mr. Armstrong watched Mr. Alongi dig himself deeper into dishonesty. She indicated that she resents the remark that she put him in a nursing home not fit for sick animals; and questioned whether he ever thinks before he speaks. She stressed the situation of trying to care for her husband, and noted the comments that the Alongis were going to take them to their home, clarifying that they did not have a bed for him. She indicated that Dexter passed away the same day that he had asked that she not let Mr. Alongi take him to their house, as he was afraid of what George would do. She commented on decency. Virginia Rafno, 980 Park Way, noted how the cable TV bill is going up and indicated it is getting ridiculous. She fiuther noted that her original monthly bill was $13.36 and it is now $31.92. She suggested that there is a need for competition or a choice to bring the prices down. She commented that some people can not get TV reception with an antennae, and she does not like being gouged on the price. Peter Dawson, 18010 Grand Avenue, indicated that he wanted to speak on Item 5 of the Agenda which moved to the next meeting; but he would suggest a change to the plan. He expressed concern with the proposed development and the area below elevation 1267'. He suggested that before the Levee, no construction was permissible in the back basin; noting that the project was originally sold on the basis that the lower areas would be recreation areas. He expressed concern that some of that recreation has been changed to housing units, and questioned the prudence of constructing permanent housing units in the flood basin. He noted the potential for flood events exceeding the 100 year level; and noted that the 100 year level was reached in 1969, 1980, 1983, 1993 and 1995. He questioned whether there was certainty that it would be safe and whether the flood channel would provide adequate protection, particularly if the storms come too rapidly. He noted the PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 27, 1998 flooding in Orange County last month and advised that they received seven inches of rain in an eight hour period, which was deemed greater than a 500 year event and possibly a 1,000 year event. He suggested if such a storm had come to this area, this discussion would not be occurring and there would be no development contemplated in the back basin. He questioned whether the Council was sure they wanted to take such a risk. Ace Vallejos, 15231 Cobre, commented that on January 22nd, Cleveland Ridge was designated an unincorporated community. He noted a letter received on City letterhead that opposed the project and questioned why tax dollars were used to oppose the issue with no public discussion. Chris. Hyland, 15191 Wavecrest informed the Council that each Councilmember needs a copy of the Brown Act and a supplement; noting that there are many new definitions as of January 1, 1998. Leroy Tucker, 3532 Cherry Blossom Lane, noted that he came before the Council several weeks ago; and later a representative of the Governor's office came out to take a look at the Lake, during the fish kill. He commented that the squeaky wheel gets the grease, but seems someone needs to be killed or maimed before action is taken. He noted the recent death of Sonny Bono and his efforts to assist the Salton Sea, which was followed by Newt Gingrich announcing that $100 million dollars had been approved for the restoration of the Salton Sea. He suggested that they should have held back some of that money for Lake Elsinore. He further suggested that the City Council let the Governor know that the City is aware of the funding for the Salton Sea and request funds for the Lake. K City Manager Watenpaugh announced to the public that a new Community Development Director, Robert Brady, will be coming from the City of Cerritos starting on February 18th. He looked forward to Mr. Brady joining the City team. City Attorney Leibold announced that from the past Closed Session discussion there was a settlement in the Spectrum Litigation. She noted that the original demand was in excess of $2 million; and it has now settled for total of $155,000, with the City paying $127,500 and the balance being paid by the Insurance Authority. 1e Is) 1110u0 104 9 Councilman Metze commented on the following: 1) Noted his enjoyment of the Auction and Hall of Fame Event and complimented the Storm Team, Friends of the Library and Grad Night Committee on a successful event. He looked forward to attending PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 27, 1998 again next year. Councilman Alongi commented on the following: 1) Addressed Mrs. Armstrong and indicated that his prior comments were to her son, not her; and suggested that her son committed perjury and he will not let him go. 2) Indicated that a Councilmember placed a news article in his mail and responded that he will continue to fight until his money runs out or he dies. 3) Apologized for missing the Student of the Month lunch today. 4) Indicated that with regard to the Mayor sending out letters, there was a Study Session and concern was expressed by the Council with regard to those letters. He noted a letter to the Water District and quoted the letter. He indicated that he thinks the Water District has money and is not broke. He suggested that the Mayor get consideration of Council before sending out letters; noting that it was necessary to send a letter in opposition to his letter on the LAFCO matter. He suggested that he doesn't want to bother the people if they want a Community of Interest to prevent being in the City. He indicated that it will be necessary for the City to make friends in the surrounding area before they would want to be part of the City. He stressed the need for control on the County side of the Lake to make that side productive and improve it. He suggested that the Mayor needed to take a few steps back, and indicated this was another reason the community should elect the Mayor directly. 5) Advised that with regard to TMC, he would like to see that project proceed, but noted the comments by Mr. Dawson and noted the approvals by other agencies which are still needed. He indicated that it bothers him that staff time is being taken when there are still a tremendous number of approvals required, noting the reduced staff and the value of their time. He further indicated that they do not even have a will serve letter from EVMWD yet. 6) Indicated that he does not care if there is contract with the ball field or not; but the parks should be open anyway. He stressed that the reserves of $2 million belong to the people , and questioned why the negotiations are being dragged out, either they want the ball field or not. He commented that it is very complicated wording to decide if TMC will pick up the $400,000 in costs per year. He suggested that it was not fair to the staff or the City Manager. 7) Indicated that he is going to put two items on the agenda regardless of PAGE NINE - CITY COUNCIL MINUTES - JANUARY 27, 1998 what the Mayor says, being the West End Fire Station and Voting for the Mayor. He noted that Mrs. Kelley made a big deal about him not letting the people vote last June; and stressed that this can still be placed on the June ballot, and save wasted efforts on collecting petition signatures. He noted that with regard to the fire station the money is in the bank, the economy is starting to move and the building costs will skyrocket soon. He suggested that approval to build will give the City about 18 months to figure out how to fund the staffing. He noted other fire stations with volunteer services and suggested that his point was proven by the other councilmembers insulting the volunteer fire fighters. He stressed that the only difference is a paycheck. 8) Noted that Councilman Metze made a comment about Mr. Alongi being the Titanic, but he will not sink. He indicated that he has not made up his mind who will represent him, has an advisor at the time of the trial, but noted that there are a lot of constitutional issues to address. He indicated the he wants an attorney experienced in RDA law; and noted that Mr. Orr does not understand RDA law. 9) Indicated that from now on he will not be saying anything to the newspaper. All future statements will be from his Attorney Mr. Atkinson, Councilwoman Brinley commented on the following: 1) Thanked the Boy Scouts of Pack 30 for the presentation of colors, and indicated that is was nice to have them do so. 2) Thanked Mr. Walsh for his report on the Transportation Now Coalition, and thanked Joan Danfifer, at RTA, for her work. 3) Indicated that regarding COPS, out of the nine created by LAFCO, 5 have impacted Lake Elsinore; and there is a concern on which the Council should take a position. She stressed that cities create spheres of influence, and noted the past consensus of the City Council that the Mayor should take the concerns to the LAFCO board. She indicated that there are times that the City does need representation and the Mayor is the one to do it. She stressed that the City still needs to look at the legal side of the COI issue, and questioned whether COI's are ever requested to provide a master plan for the Community and what the timing is for infrastructure. She noted that the City receives a number of calls from County residents requesting the City to respond to Code Enforcement and Maintenance issues. She reiterated that she would like to see them required to come back with a master plan. She indicated that she appreciates the Mayor and City staff attending the LAFCO meeting to keep the Council informed. PAGE TEN - CITY COUNCIL MINUTES - JANUARY 27, 1998 4) Concurred that she wants to see all parks open for the community, but needs to know where the money will come from. She stressed that the parks need to be operated in a condition that is safe for the residents. She expressed hopes that with the approval of the contract with TMC, staff can get to work on the parks right away. Mayor Pro Tem. Kelley commented on the following: 1) Concurred that the Council took a stand on COI's and the Mayor's letter was very appropriate based on that action. 2) Indicated that with regard to the parks everyone wants them open, but it would be fiscally unwise without a funding source. 3) Thanked Pack 30 for the presentation of colors. 4) Noted how wonderful the Hot Stove Event was and noted that the Storm raised $8,800 at the auction to be divided between the Grad Night Activities and the Friends of the Library. She commented that the most expensive item went for $1,200 for a Nolan Ryan signed baseball shirt. She looked forward to the event next year. 5) Advised that the Albertson's Market at Four Comers anticipates starting construction the week of February 23rd, with the Grand Opening in October of 1998. Mayor Pape commented on the following: 1) Noted that he recently asked about Albertson and was glad for the updated information. 2) Advised that the ARCO at Four Corners will open by next month, and noted that they are in the process of moving the traffic signals to complete the project. 3) Announced that Lake Chevrolet is anticipating opening the week of February 9th. 4) Indicated that the Council has discussed and voted on a LAFCO policy, but stressed the need to do what is in the best interest of the City. He noted the concerns with the Sphere of Influence and noted that all are welcome to attend the LAFCO meeting and express their opinions. 5) Concurred with Mr. Tucker's comments on Lake funding. He noted that it was unfortunate that it took Sonny's death to draw the funds from the Government, but stressed that they were federal funds, not PAGE ELEVEN - CITY COUNCIL MINUTES - JANUARY 27, 1998 State funds. He indicated that the City is lobbying diligently at the State level with the local representatives and a representative of the Governor's Office, and due to the recent visit, they now think of the problems with water quality and are working to assist the City. 6) Addressed the Water District letter and indicated that it was asking them to work with the City and appear to be business friendly, to draw business. He noted that he often receives comments about problems in working with the Water District; and he had a couple of ideas he thought he could sit down and discuss with them. 7) Indicated that the LAFCO letter had been addressed fairly well; noting that Councilman Alongi was factually challenged. He indicated that the public will hear a number of schemes until the trial is over. He noted a recent article on fire station which are built and sit empty because there is no money to staff them. He stressed that even a volunteer station would cost about $250,000 a year. He commented that it was not appropriate to play political games with public safety. He noted Mr. Alongi's statement that the District Attorney does not know anything about RDA law, the; threats against witnesses and the treatment of the widow of a friend are not appropriate. He noted that Mr. Alongi will be back in court next month, but an innocent man generally tries to get things like this resolved quickly. He stressed that the public will need to tolerate schemes and nonsense for the next few meetings. CLOSED SESSION a. Conference with Labor Negotiator - LIUNA 777 (Pursuant to Government Code Section 54957.6). THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION TO DISCUSS THE ABOVE LISTED ITEMS AT 8:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:50 P.M. NO ACTION TAKEN. •1 11� MOVED BY METZE, SECONDED BY PAPS CARRIED BY UNANIMOUS VOTE TO ADJOURN THE R GULAR CITY COUNCIL MEETING AT 9:50 P.M. A T ST: Gl%. KEVIN W. P E, MAYOR CIT , CITY CLERK Y OF LAKE ELSINORE KI S y ? ii MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 10, 1998 $ 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. The Invocation was provided by Father Ben Orozco representing St. Andrews Episcopal Church. PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, City Engineer O'Donnell, Building & Safety Manager Russell, Senior Planner Villa, Assistant to the City Manager Best and City Clerk Kasad. PRESENTATIONS Mayor Pape noted the presence of Chamber of Commerce representative, Larry Regis, for a Chamber update. Mr. Regis detailed upcoming meetings for business development and the "Connections" television show by the Economic Development Committee. He advised that the next Mixer will be at Chuckles Java Junction on February 26th. He further advised that on March 1st they will begin anew joint venture with the Downtown Merchants and City support, being an Open Air Market. He encouraged public participation. (F:108.4) 4u0 _n,_. ; n,lP 13 11 Did . Requests were received to address Item No. 21 and deferred to that public hearing. Mayor Pape advised that the Council would need to go directly into the Redevelopment Agency Meeting which would begin with a short Closed Session. PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 THE CITY COUNCIL MEETING WAS RECESSED AT 7:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:31 P.M. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (FA4.4) a. Joint City Council/Planning Commission Meeting - January 6, 1998. b. Regular City Council Meeting - January 13, 1998. (F:44.4) The following Minutes were received and ordered filed: C. Planning Commission Meeting - January 21, 1998. (F:60.3) d. Special Design Review Committee Meeting - January 13, 1998. e. Design Review Committee Meeting - January 21, 1998. (F:60.4) 2. Ratified Warrant List for January 30, 1998. (F:12.3) 3. Received and ordered filed the following Investment Reports: a. Corrected for November, 1997. b. December, 1997. (F:12.5) 21. Amendment No. I to East Lake Specifie, Plan and Addend= EIR - Libaly (TMIC Communities), Resolution No. 98-3 & QEdinance No. 1031 (F: 150.2) y City Manager Watenpaugh highlighted the Planning Commission action on this item, and noted the acreage involved in this amendment. Mayor Pape opened the public hearing Lt 8:33 p.m., asking those persons interested in this item to speak. The fo'_'_owing people spoke: Todd Olson, TMC Communities, expressed happiness at bringing this Specific Plan Amendment forward to Council. He advised that the consulting and development team is present for presentations and to respond to questions. He noted that he is very. prov d of the team assembled and indicated that they are well sait°d for th—, task at hand. He indicated that they search nationally to find the best comp anents for the team. He addressed the financial strength of TMC Properties and noted that they have submitted letters from two banks showing over $9 million in cash I PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 assets. He noted comments with regard the Redevelopment Agency financing this project and indicated that this project does not take any Redevelopment Agency funds not generated specifically by this project. He further clarified that the only RDA related funding will be from Tax Increment or additional property taxes generated by the site. He noted that they are reimbursing the City for the costs of plan review through the City's cost recovery program. He further noted that they have had good discussions with Larry Noggle at the Skylark Airport and are in agreement that Village One is compatible with the ongoing Skylark Airport use and they will work closely together to ensure that a compatible situation continues. Mr. Olson introduced Steve Ross to discuss the substance of the Specific Plan. Steve Ross, the Planning Center, Newport Beach, indicated that the Specific Plan was originally approved in 1993 and show a graphic depiction of the originally approved plan versus the proposed amendment. He emphasized that the portion being amended is just under 800 acres in the central portion of the plan. He noted that the key changes are a reduction in development area and overall unit count reduction of approximately 1,000 homes from previously approved plan. He also noted that the Stadium is now shown on the plan. He further noted that the amount of open space has been more than doubled. He detailed proposed changes to the future alignment of Diamond Drive and explained that the intent was to provide adequate access to commercial and residential areas. He emphasized that the proposed amendment does not modify any of the park policies or regulations of the original specific plan, including the regional and local trail requirements. Mr. Ross introduced Allen Swanson to address the flood control issues. Alan Swanson, John M. Tettemer and Associates, flood control consultants for the project, clarified that no construction can take place without a detailed hydraulic analysis. He stressed the need for certain flood storage capacity to be reserved and cannot impact the 100 year flood level. He fiuther stressed that the project must receive written approval from the Riverside County Flood Control District, the Army Corps of Engineers, Elsinore Valley Municipal Water District and the City of Lake Elsinore. He indicated that the project has been submitted and it is currently under review. He further indicated that they are convinced that the development can safely occur and meet state and federal standards. He reiterated that the amendment as proposed in no way alters the requirements in the original specific plan with regard to flood control requirements. Mr. Swanson introduced Susan Hori. Susan Hori, representing Paone, Callahan, McHohn & Winton, noted the prior discussion of flood storage issues and advised that the Corps of Engineers has already issued a 404 permit for the back basin areas. She noted that there are specific conditions regarding the studies required for development. She stressed that in addition to City approvals the project must also comply with 404 permit conditions. She noted a recent letter from the i�.A_ PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 Corps of Engineers, regarding a misunderstanding on the status of activity on this project. She indicated that they are working to clarify that misunderstanding. She stressed that the actions tonight do not change the conditions of the 404 permit or the obligations to comply with the requirements. Ms. Hori introduced Scott Wilson. Scott Wilson, representing the Keith Companies, addressed traffic for the project and noted that the Specific Plan Amendment and E.I.R. Addendum includes a traffic analysis for the project. He reiterated that there are no additional impacts from this amendment. He also addressed the soils issues with regard to conditions for grading and the liquefaction potential for the project; and indicated that the most recent soils information show that the site has low liquefaction. Todd Olson thanked his project team and the City staff for their work to take this amendment through the process. He indicated that everyone has worked very hard to get to this point, and advised that they will next be submitting a tentative tract map in two weeks, with City Council review expected to occur in about April. He noted that during this review process they will also be working with staff to obtain the required grading permit. He explained that if all goes well the remaining state and federal issues will be completed shortly thereafter. Larry Regis, 148 S. Main Street, representing the Executive Committee of the Chamber of Commerce, indicated that the Committee has viewed some of the project materials, met with City staff and arrived at some basic conclusions. Those conclusions are that it reduces the density of housing in the proposed area, provides greater open space and recreation, and they are very comfortable with the concept being employed for development of the areas within the project. He indicated that it fits with goal to remain an open city with quaint housing, and draw jobs and economy to the area. He commented that TMC has done a tremendous job in finding something to fit with the Community and the long range plans. He indicated that they are impressed by the professionalism of the TMC staff and their efforts to find the best consultants for the plan. He advised that the Committee wholeheartedly supports the plan and amendment. Chris Hyland, 15191 Wavecrest, indicated that something about this situation smells like a dead fish, indicating that it has been a dog and pony show since 1990. She noted that 99% of the documents indicate that the project is within the Redevelopment Agency and questioned why it appears on the City Council agenda rather than the Redevelopment Agency agenda. She reiterated her prior comments that the RDA will be abolished in the near future. She also noted that the City has been targeted for an audit with regard to improprieties for bond sales; and indicated that she would not be surprised if the Securities and Exchange Commission steps in for an audit. She further questioned whether this was Redevelopment Agency or City and PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 whether documents have been changed. She further questioned, in the event this is an RDA project, what would happen if the RDA is abolished under the McClintock Bill, and whether it would revert to the City. She indicated that this item did not mention the Water District, and they will not give TMC water or anything else. She suggested that each Councilmember read Government Code Section 53600.3, and indicated that they are not infallible. She inquired whether TMC was paying for RDA staff time. Peter Dawson, 18010 Grand Avenue, indicated that he stands opposed to the thoughts of other present tonight, but he is not opposed to development. He further indicated that he is convinced that construction of housing units in the back basin is not a good thing, as there are too few safety assurances. He expressed concern that the 100 year flood protection is based on only 78 years of history. He also expressed concern with the Elsinore Fault zone running through the area. He noted that the same fault destroyed much of the town of Whittier just 10 years ago. He fiuther noted that the current plan is to build on silt, while the original plan call for other material. He requested that the Council make absolutely sure that this project is safe from flooding and liquefaction. He further requested the addition of verbiage that under no condition will the storage capacity be diminished; and future residents will be notified of these factors. Carl Johnson, Nearcal Corporation, indicated that he is pro - development because he is a contractor. He further indicated that he is in favor of the project because it is the highest and best use for the land, will raise land values, and most importantly will pull the City toward more of a resort atmosphere, which is the direction it should go. Chris McColley, 29072 Palm View, indicated that due to the publicized controversy, she and others met with TMC to discuss this - project. She thanked the representatives of the project for their time and indicated that they have shown a sincere desire to address the residents' concerns. She commented that Liberty appears to be a high quality master planned community, which will produce increased income for the City through property taxes and entertainment facilities. She noted that although originally approved in 1993, she feels the amendment reflects significant improvements. She further noted that the R-4 zoned residential areas have been completely eliminated. She addressed the concern with Liberty building in the back basin and stressed the required involvement of the Corps of Engineers. She indicated that with regard to the comments that the City is putting up money for the project, she has questioned both sides and received a resounding "no" from each. She noted the losses of revenue in recent years and stressed that TMC has gathered a team of experts to develop a quality proposal. She stressed the interest shown by the developer to interact with the residents. She stressed the fiscal responsibility of this action and expressed support for the amendment. ��r PAGE SIX - CITY.COUNCIL.MINUTES - FEBRUARY 10, 1998 John Langton, 34200 Racquet Club Way, questioned whether the taxpayers will have to pay when the houses start to sink, and noted a problem in Anaheim Hills. He express -.d cony -rn 1v'*h the earthquake fault in the area. Larry Noggle, representing Skyl -k A� x ^rt, indicated that he had a great meeting with the applicant, and th.y v+ill ;hut together a joint report on the requirements of Skylark Airport. K-, rt vieed that he feels good in supporting phase I, even though there is st;1! a lot of -:work to be done before phases two through four. He stressed that Mr. Olsen is working in good faith to overcome the obstacles and address his concerns for the airport and skydiving activities. He noted that h. is trying to draw a world event to the Airport in 2001. He looked forward to working with the TMC staff to prepare the previously mentioned report. He expressed support for the proposed amendment. Hearing no additional requests to speak, the public hearing was closed at 9:05 p.m. Mayor Pape requested clarification as to why this was being heard by the City rather than the Redevelopment Agency. City Attorney Leibold clarified that the City exercises the power on land use actions, and this is strictly a land use issue. She explained that if the Agency should be abolished, the City inherits the projects by operation of law. She advised that TMC is paying City staff and City Attorney costs for processing of this amendment. She further clarified that there are Redevelopment Agency agreements relative to this project, but this is the Specific Plan Amendment. Mayor Pape noted the Water -District issues mentioned by Mrs. Hyland and indicated that he met with Water District representatives this date and Mr. Olsen yesterday and both, are now in agreement that there is an existing contract and the arrangements are per the original Specific Plan: making that a non - issue. Mayor Pape noted the concern expressed with regard to houses sinking in silt or with liquefaction. Scott Wilson, representing the Keith Companies, stressed that the Specific Plan sets forth conditions based on the soils reports prepared since 1993. He indicated with regard to liquefaction and fault zones, the required setbacks will be conditioned and the liquefaction potential will be determined. He reiterated that the latest reports say that there is a low liquefaction potential for this project. Mayor Pape addressed the airport and skydiving, and stressed that it is a part of the history and charm of the area and a lot of fun to watch. City Manager Watenpaugh noted the issue of storage capacity in the back basin and indicated that would be controlled by the flood control agency. Mr. Swanson, representing John Tettemer & Associates, confirmed that the PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 project will be subject to the requirements of the Flood Control District, as they are the regulator and standard setter for projects such as this. He clarified that with regard to storage capacity, they will go through all the required steps and meet all requirements of FEMA as well. Mayor Pape reiterated that the Specific Plan is already approved and this is only an amendment to that plan. He clarified that this project seeks to build a City within a City and stressed the need for good master planning. He noted that the housing count reduction of 1,000 homes is very positive for the City and the increase open space is also very positive. He commented that the concept for phase I is very unique for Southern California, and noted that this upscale development will draw a great deal of attention. Councilman Alongi indicated that one thing he learned is that you should not play in someone's back yard unless you know the rules. He explained that his concern is not whether they can build the project, but expressed concern for public safety. He indicated that there is nothing for a fire station and expressed concern with coverage when the response times to the west end average 18 minutes. He inquired whether the homes will be built before the commercial. Mr. Olson indicated that there will be a moderate amount of commercial in conjunction with the first homes. Mr. Alongi questioned how many homes will be in the first phase. Mr. Olson indicated they will build 300 -500 homes per year. Mr. Alongi stressed that there is no fire protection plan for that area. Mr. Olson indicated that the Development Agreement as a whole does require fire protection. Mr. Ross indicated that the plan establishes fire, police and other public service requirements, on the per thousand residents basis. He stressed that the original plan requires consultation with police, fire and schools at the time of each tract map consideration. He stressed that the conditions are in place. Mr. Alongi indicated that there are no provisions in the first phase for any police or fire services. Councilman Alongi indicated that the Redevelopment Agency will be discussing this project, and the RDA is kicking in funds through tax increment and property taxes in the area. He indicated the comments were somewhat misleading as the RDA will participate in this project. He inquired whether the golf course would be included in the first phase. Mr. Olson confirmed that there is one in the first phase. Mr. Alongi inquired whether it would go in during or after the construction of the houses. Mr. Olson indicated that they will be built at the same time. Mayor Pro Tern Kelley noted that the original plan was not very desirable at all and this is a lot more desirable. She stressed the cut in residential units from 2900 to 1800, which is a lot more inviting and desirable. She noted the mitigations required by the Planning Commission and the conditions placed on them and detailed the permitting agency approvals required. She expressed amazement and concern with the number mitigations to be PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 satisfied. She advised that she is happy with the conditions, but suggested the inclusion of verbiage regarding the Airport, noting that she was glad to see them working together. She stressed the importance of protecting the airport. She commented that with regard to fire, streets and schools those will be addressed with the tentative maps, and stressed that this is only the zoning issue this evening. She reiterated that she is a lot happier with the amendment plan than the original one. Mayor Pape commented that it will b; exciting to see tract maps in a couple of months. Councilwoman Brinley reiterated that no money from the RDA going into this project and stressed that the original plan was done several years ago. She requested clarification of the funding and infrastructure funding. City Manager Watenpaugh clarified that there are no direct City or RDA dollars to this project. He indicated that there has been a Development Agreement in place since 1993 and the tax increment and potential for bonding are included in that document. Mrs. Erinley questioned who would pay for a Community Facilities District. Mr. Natenpaugh clarified it would be the applicant. Mrs. Brinley indicated that she was glad to see that the project was downsized and reformulated. She expressed excitement in anticipation of the second phase discussion. ShP indicated that she likes the overall theme and noted the different streetscanes, canals, islands and estate homes. She concurred that it would have the feeling of a City within a City, and noted that it was a progressive apnroaph to Q,)-eific plans. She stressed the importance of continued communication between the developer and the airport represcn *atives. Slit in 1;_.^`e . that working with TMC has been professional to date and loo!:Prl f r ,i2r a ;o continued cooperation. Mayor Pape expressed app *Pei °tio -_ t- TT.!C for answering the questions. Councilman Metze concurred vr`- th; ^t`ier Councihnembers that this was an improvement over what was - pproved. He noted that he has a pet peeve regarding old developm—mt agrT,=°nts. He expressed concern that the project could revert to the c!d K2r_, cnd €uggested the addition of verbiage requiring compliance with the then maircmt City of Lake Elsinore General Plan. He stressed that he wants to mace sure that the current standards are being met at build out. He noted that in fivo places there is similar verbiage and suggested an additional condition using "current" plans, etc. City Attorney Leibold suggested fiat current could be specified in reference to the General Plan or Municipal Code, bA sh3,Jd be subject to any provision in the development agreement reW ring otherwise. Mr. Metze expressed understanding that this was an old development agreement. Mr. Olson clarified that the Development Agreement was not being amended by this action. Mr. Metze reiterated his concerns and intent to require that current standards at the time of construction are met. -Mr. Olson expressed understanding of this concern. Ms. Hori clarified that when something is not PAGE NINE - CITY COUNCIL MINUTES- FEBRUARY.409 1998 specifically addressed one would look to the current general plan. MOVED BY BRINLEY, SECONDED BY PAPE TO APPROVE AMENDMENT NO. 1 TO THE EAST LAKE SPECIFIC PLAN BY ADOPTION OF ORDINANCE NO. 1035 UPON SECOND READING BY TITLE ONLY AND APPROVE THE ADDENDUM TO THE 1993 t CERTIFIED FINAL EIR FOR THE EAST LAKE SPECIFIC PLAN BY ADOPTION OF RESOLUTION NO. 98-3, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, WITH CONDITION TWO AMENDED BY THE ADDITION OF "...IN EFFECT AT THE TIME SHALL PREVAIL... "; AND THE REQUIREMENT THAT THE TMC WILL CONTINUE OPEN COMMUNICATION WITH SKYLARK AIRPORT. RESOLUTION NO. 98-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA CERTIFYING THE ADDENDUM, TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE EAST LAKE SPECIFIC PLAN - LIBERTY (TMC COMMUNITIES). ORDINANCE NO. 1035 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE EAST LAKE SPECIFIC PLAN AMENDMENT NO. 1. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS; NONE ABSTAIN: COUNCILMEMBERS: NONE 1. SPA No. 1 meets the City's Specific Plan criteria for content and required implementation of the general plan established by Section 65450 et sea. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. SPA No. 1 is consistent with the Goals, Policies and Objectives of the General Plan; and Redevelopment Plans, and with other applicable plans or PAGE TEN - CITY, COUNCIL MINUTES - FEBRUARY10, 1998 policies adopted by the City 3. Development standards and regulations contained in SPA No. 1 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of SPA No. 1 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. 4. Location of SPA No. 1 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. 1 provides plans which allow land uses to be adequately serviced by existing or proposed public facilities and services. 7. Overall design of SPA NO. 1 will produce attractive, efficient and stable development. 8. SPA NO. 1 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. •noMM- a M. 1. The Addendum EIR has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA guidelines, and is complete and adequate in its evaluation of all environmental effects of SPA No. 1 and associated discretionary approvals. 2. SPA No. 1 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. 3. SPA No. 1 will not have the potential to achieve short-term goals to the disadvantage of long -term environmental goals. 4. SPA No. 1 will not have impacts which are individually limited by cumulatively considerable. 5. SPA No. 1 will not have environmental effects which cause substantial adverse effects on people. PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 •r VA 6 i 1. The Draft SPA No. 1 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 5 days of approval by the City Council. No permit shall be issued until the Specific Plan Amendment No. 1 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. 1 will revert to the East Lake Specific Plan. In cases where the East Lake Specific Plan and SPA No. 1 document do not provide appropriate guidance or discussion, then the City of Lake Elsinore General Plan and Municipal Code in affect at that time shall prevail. 3. Any development within SPA No. 1 and any other area within the East Lake area below 1,260 feet MSL shall comply with conditions of the 404 Levee Permit. Conditions of the permit shall require dedications for conservation purposes, further analyses, and clearances from the Riverside County Flood Control District, Water Conservation District, U.S. Army Corps of Engineers, Riverside County, and the City of Lake Elsinore Engineering Department, all as set forth in the 404 Levee Permit. Construction within the SPA No. 1 site may also require a Section 401 Water Quality Certification from the Santa Ana Regional Water Quality Board and issuance of a conditional letter of revision to the existing Flood Insurance Rate Map (FIRM) from the applicant. 4. Any tentative tract map, which includes proposed Restricted Local Streets shall be approved by the City Council of the City of Lake Elsinore. 5. The Diamond Drive realignment at Malaga Road shall provide southbound dual right -turn lanes and eastbound dual left -turn lanes at East Malaga Road at Diamond Drive; and westbound dual left -turn lanes and northbound dual right -turn lanes at West Malaga Road at Diamond Drive. These intersections shall be signalized, or shall incorporate other controls. 6. All public street sections shall have either pedestrian walking area or sidewalks, with a minimum width of five feet, unless otherwise approved by the Community Development Director or designee. 7. Prior to first tentative tract map for each phase, the applicant shall provide the City with a phased circulation plan for onsite and offsite improvements for that phase. PAGE TWELVE CITY COUNCIL MINUTES - FEBRUARY- 10, 1998 8. 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. 9. All standards and guidelines pertaining to the project's land use plan, circulation plan, grading plan, public services and utilities plan, design guidelines, and phasing plan shall be substantially complied with to the greatest extent feasible. 10. Applicants shall implement those mitigation measures contained in the 1993 certified Final EIR for the East Lake Specific Plan and the Addendum EIR for SPA No. 1, Liberty. 11. 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. 12. The SPA No. 1 document shall be revised to indicate that future Design Review shall be reviewed and approved by the Planning Commission as a business item and not a public hearing. 13. Concurrent with approval of the first Type "A" Tentative Tract Map for SPA No. 1, the applicant shall prepare a Conceptual Phasing, Improvement, and Financing Plan. Said plan shall describe all on -and offsite roadway and utility improvements necessary to service ultimate build out of SPA No. 1. Said plan shall also describe when the improvements will be provided and recommend feasible funding mechanisms and sources. 22. Public Hearine on Local Law Enforcement Block Grant Pro2rarn City Manager Watenpaugh highlighted the report and advised that these funds were received through the efforts of Police Chief Walsh. He explained that a condition of the grant is to hold a public hearing and an advisory board has already been appointed. He indicated that the funds are being used for additional police department overtime. Mayor Pape opened the public hearing at 9:35 p.m., asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:35 p.m. MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE USE OF THE GRANT FUNDS AS RECOMMENDED BY THE ADVISORY BOARD. PAGE IRTEEN - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 THE CITY COUNCIL MEETING WAS RECESSED AT 9:36 P.M. THE CITY COUNCIL RECONVENED AT 9:38 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS David Armstrong, 415 N. Lowell, criticized Councilman Alongi for leaving the table. He made note of Councilman Alongi's threats and his criticism of himself, his mother and family and stated that it is time for it to stop. He commented that if Councilman Alongi wants to communicate with them he knows where he lives. He stated that three weeks ago Councilman Alongi called him an idiot and asked if Councilman Alongi has a Bachelors Degree. Noted a tape that Councilman Alongi played which contained foul language and did so with Boy Scouts present. Further noted that he has six messages from Councilman Alongi on his message machine that contain foul language and the District Attorney has the tape. Mr. Armstrong noted the payment of his child support and Councilman Alongi stated that he was not. He stressed that anyone that testified at the Grand Jury has been threatened by Councilman Alongi and stated that those persons can go to the Police Department and file charges. He commented on the 16 counts of the Redevelopment Agency system and he is not the one that has $13,000 pending against him and now he has threat charges, and asked "who's the idiot ". Mayor Pape made note of the fact that Ms. Murray has submitted a letter of congratulations and appreciation to the Council and has quite a few signatures. Georgia Lee Murray, President of AARP Chapter 4056, read the letter from the Seniors to Council. She announced that they will be having a Valentine's Day Party on the 20th of February and invited all of Council. Announced Church Services at the Grand Avenue Civic Center. She commented that she has lived and raised her family in Lake Elsinore for the last 33 years and gave an overview of her children. Mary Venerable, 27400 3rd Street, addressed a letter in the newspaper from Chris Hyland and questioned her statements. She stated that she does agree with the statement in the letter which states that management cannot function without labor and was one of the reasons that she tries to inform people about Measure BB, unlike Ms. Hyland who opposed the measure. She addressed the Community Services Director's position and her approval. She stated that the persons who through that there was no tourism in the City, were so busy "bad mouthing" the City they did not look. She noted the contradictory statements in the letter. John Langdon, 32400 Racquet Club, stated that he is present to represent Serenity Homeowners regarding the motocross that was approve by the Planning Commission. He stated the property owners opposition to this project. Donna Lucas, 132 N. Main Street, announced that the Downtown Merchants, the Chamber of Commerce and the City of Lake Elsinore invite all of citizens to an open air market the first Sunday of every month on Main Street, noting that the first PAGE FOURTEEN CITY COUNCIL MINUTES - FEBRUARY 10, 1998 one will be on March 1, starting at 7 :00 a.m. She gave an overview of the planned activities. Thanked Vision and Views for the exposure of the Downtown area and noted that it was a great success. Mayor Pape stated that he talked with Tom Thomas and noted that 74 spaces were sold already for the Street Faire. Chris Hyland, 15191 Wavecrest Drive, address addressed objections to Mary Venerable's comments. Noted that the parks and community center have been closed; the boat dock has collapsed; the State Park is closed; a City full of pot holes. She stated that in her interview with the employees she stated that the workers should not have been laid off, but rather the management. She stated that she was sick and tired of Ms. Venerable's comments and she guessed that she would have to check on her next. 1)_ F41041" 34 ttke u vi 1310 Thanked Administrative Services Director and Community Services Director for all their hard work and support of the City Attorney regarding TMC and the Stadium Contract. Noted that the Recreation and Tourism Manager Edelbrock has been at a boat show all week with one of the local boat sales representatives and she was promoting the community. Made a request to add one additional item to Closed Session under anticipated litigation, but deferred until after Council Comments. Councilman Alongi commented on the following: 1. Noted that the Redevelopment Agency purchased 80 acres in the Eastlake and for $3,000,000 and asked the public to see what the City sells it for and then tell him the RDA did not contribute. He commented that City Manager Watenpaugh said that there would be no direct dollars from the RDA, however he did not say that there wouldn't be any contribution. There is a difference. 2. Commented that the Stadium is not out of debt, the Stadium still has payments of $2.5 million dollars. He stated that Council did make a good move saving the $500,000, however it is still costing the public $2.5 million dollars a year, both RDA and City debt. 3. Addressed the Motocross Park and stated that the City must be careful where we place those activities. He stated that he felt we havei plenty of land and mountains in the City to place this activity other than next door to a tract. He noted that they have the airport next to them and that should be enough. 4. Stated that last meeting Council discussed the COI and every Councilperson said that we voted on it, however in the minutes the motion reads "Moved by Brinley, Seconded by Metze that the City Council establish a majority position with respect to the proposed Warm Springs Community of Interest ". He noted that this motion did not include the other COI's. He stated that Council has never taken formal action, across the board, for opposing COI's that are in our Sphere of Influence. He established that he does not necessarily disagree with it, however if the Mayor chooses to send out letters to that effect, he needs to be sure that he has formal approval to do so. He stated that the fact is Council never voted on it. 5. Noted Concern with Fire Station. He stated that talking with Fire Chief in private and talking with him in public is two different things, and although we all agree that we would like to have the Station manned 100 %, however that is not the case since we cannot afford it. He stated that 40% of the time is better than nothing and to have an ambulance out there housed in the building would be a great asset to those people out there. He noted that responding times to that area are really bad and especially if there is a child choking or a heart attack, every second, every minute counts. He noted that the calls that come out of those stations for 1996: Station 10, 413 fire calls, 1,757 medical calls which is almost 4 times the fire calls which says that there are some children in distress or elderly needing medical attention; Station 11, 173 fire calls, 1,023 medical calls and the response time of the Lakeland Station is 18 minutes. He asked how someone would feel if their child was choking and it took 18 minutes to respond. He stressed that it was important to get the Fire Station built even with 40% or 50% coverage it is more than they have now. He stated that if Council has to take the money out of the reserves, now that the Stadium Agreement has been approved, and Council is not going to give it all to the parks then some of the money could be used for manning the Fire Station which is important. Now Council needs to sit down as business people and see how it can be done whether it 40% or more. He commented that the Chief likes that and although he would like to have all paid fire personnel it is not possible. He indicated that the fire truck is still available; rent space in the Fire Station for Goodhue Ambulance. He stated that this is an issue that should not be kicked around and handled as professional business men. He noted that the City could use the County's plans for a Fire Station, and although it is not as fancy as the City would design it would not require all of the extra costs. 6. Commented that more people worry about his legal problems and want to talk about them. He further commented than he does not worry about them and sleeps at night very well. He noted that he did something in his community; he had the backbone to do it; and you have to pay a price sometimes when you step out of line. He stated that he is paying the price and he is not complaining about it however, it bothers him when he picks up the Sun Tribune and the Press Enterprise as well, an d someone informs him that he is in the paper again and that the City is going after him for $13,000. He quoted from the article regarding the City Manager delivering a letter and he talked to the City Manager and he did not tell this to the paper. He asked where the newspaper got this information and asked if they had talked to the Mayor or perhaps Councilman Metze. He asked who had told them that information and they print what ever in the hell they want to print in the paper, whether it is true or not. He stated that he has a good idea who did, however the fact is that they did not even bother to consult the City Attorney and get a legal opinion prior to sending him that demand. He commented that they should have checked this out and it will be a cold day in hell before the City collects a nickel on that. He further commented that if the Mayor wants to spend a couple of thousand dollars or more he would be more than happy to put him on the line. He stated that let's see how much the City wants to spend to collect something they can't get. 7. Addressed the Editorial from the Sun Tribune which gets into people's personal lives. He stated that it's none of their damn business; his relationship with anyone in this town; Armstrong's or anyone else. He stated it is none of their damn business or anyone else's damn business, but his and the other persons. 8. Indicated that the Council can take the demand and shove it where the sun don't shine and the rest of the crap they come up with. He stated that is why they let him go first, that way they can respond. 9. Stated that he was going to go home early, now the City Attorney wants a Closed Session. 10. Stated that the Stadium is really a white elephant and noted that the Council really worked hard and its the first time since he has been on Council in the last six and one half years that they have really worked together to get something done. He commented that he is happy about that, because that is the only thing that he has been a part of. He noted that he did not like it, however it will accomplish something for the City. He stated that he hopes that TMC lives up to their part of the bargain. 11. He noted an article in the Press Enterprise and stated that it is amazing that when they don't want to get in touch with him, he is unavailable. He stated that he is the only guy listed in the book and hell, the D.A. knows where he is all of the time and they even served papers on him where he has lunch and noted that the newspaper can't even find him. He stated that his wife would have told them where he was. He noted that they had the same story about the demand. He commented that the next day after it appeared in the paper, he received it in the mail. He stated that it contained a copy of the letter that PAGE SEVENTEEN - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 he signed with John Harper. He noted that he has been saying all along that he doesn't need this City Council or his position on this Council to get anything done in his private life. He stated that he has been doing it for 42 years and he does not need their help, the City's help, the County, State or Federal Government's help or any damn bank. He stated that he works his ass off and accomplish things and he doesn't give a damn what the Armstrong's have to say at that podium. He stated that he will deal with the Armstrong's with his attorney, that's how he will do his business. He addressed Mrs. Armstrong and told her that he left the table at the advise of his attorney. He stated that he let him handle it. He stressed that is the first time he has walked away from anyone. Mayor Pape asked Mrs. Armstrong not to interrupt. Councilman Alongi stated that we will see who's a coward Shirley. He further stated that he felt that she was a damn fool to even do this, however that's your choosing, not mine. He cautioned that she would find another side of him one day, that I have never exposed for 30 years, but I'm going to do it here. He noted that his wife will probably divorce him; but, that's it and he has taken enough shit from all of them. Mayor Pape cautioned Councilman Alongi to please watch his language. Councilman Alongi cautioned Mayor Pape to leave him alone. He stated "you understand Pape ". Mayor Pape stated that he was just asking him for a little decorum and a little professionalism. Councilman Alongi stated "Bull- shit "; there I said it again, free speech. He stated if you don't like it get him recalled; if you don't like it get him off of this Council; you try to do it; in 1999 he is going to run. A member of the audience stated that this is the first time that he has attended a Council Meeting and he came to the Meeting because he had a problem; he did not attend to listen to Councilman Alongi's profanity. Councilman Alongi stated "that is the way it is ". He noted that when you have to walk in my shoes, then stand up and say what you have to say. Councilwoman Brinley noted to the audience that the rest of Council does not conduct themselves in the same way. Councilman Alongi stated "absolutely not, you are so wonderful". Councilwoman Brinley stated that Councilman Alongi should be removed. Councilman Alongi stated that absolutely brother, when you stand in my shoes for the last four years; then stand up and say what you have to say. Mayor Pape asked for no more comments from the audience. Councilman Alongi stated that it is absolutely wrong, and it is wrong and he agrees with the audience. He stated that they pick on him to go first and he really doesn't give a damn; first, last or otherwise. He noted that the fact is that they manipulate you out there with the information that they give you, just like the Liberty program. He stated that it is a good development and if they can do it, he thought they should do it; have at it; he would love to see something in our community; but, don't give him the bull -crap that the City is not giving anything to them. He asked PAGE EIGHTEEN - • CITY ; COUNCIL MINUTES - .FEBRUARY. 10, 1998 that they don't give him the business about the RDA; don't give him the business about the Fire Station; don't give him the business about schools, parks and stuff; we are sitting on two million dollars people. He noted that is your taxes and not theirs. He stated that he was reading an article from a Mayor of another town that said that in the interest of his reserves; he would like to have reserves but not at the cost of public services. He stated that public services come first and then the reserves and if we have any fine, and if we don't then we will deal with it down the road somehow. He further stated that services should stay intact; we don't have services in this town; they kept you and your kids hostage for the money. He noted the deal with the Stadium and he is glad that they did it and he hopes they will stand by what they agreed to so the parks can stay open. He further commented that it is still not a solution; if they fall on their face are they going to close the parks again. He cautioned that Council has 21 days yet that they can cancel. He stated lets see what happens in 21 day and he hoped that they stick by it. 12. Addressed Mayor Pape and apologized to him and the City. Mayor Pape accepted his apology. COUNCILMAN ALONGI LEFT THE TABLE. Councilwoman Brinley commented on the following: 1. Stated that she would like to reiterate ... Councilman Alongi interrupted... Councilwoman Brinley asked the Mayor to remove Councilman Alongi from the table since it is her turn and he relinquished his turn. Councilman Alongi stated "then for God's sake take it ... Jesus Councilwoman Brinley asked that the audience not place the rest of Council in the same category with Mr. Alongi and how he conducts his personal business here from the podium. He noted that where Mr. Alongi makes his mistakes is that he takes his personal grievances and brings them here; and uses them to attack certain people; and then doesn't want to open them up for public comment. She stated that if you don't want to do that, then this is not the forum to express that issue; you do it in your private conversations; you don't take your dirty laundry and throw it on the front yard for everybody to take a look at. He stated that then you need to expect what will come back at you; you must take a good as you give and Mr. Alongi cannot do that; he will leave the podium or whatever it takes. She noted that the City did send Mr. Alongi a letter and confirmed with the City Manager. Read a letter from Councilman Alongi that he had personally signed regarding "Smith vs. Alongi" which indemnified the City and held it harmless. She noted that the City would not be held responsible and the bill was for legal fees. She apologized for what the public witnessed this evening. 2. Thanked staff and the City Attorney for their diligent and hard work on the Stadium lease agreement that was approved this evening. She gave special recognition to City Attorney Leibold. Noted that this was a concern of the PAGE NINETEEN -,CITY COUNCIL MINUTES - FEBRUARY 10, 1998 entire Council and they worked diligently to accomplish that. She stated her appreciation to TMC for stepping up to the plate, and any offer to buy the stadium will find the Council receptive. 3. Stated that Assistant City Manager Best has encouraged tourism in the City though her efforts with Goat Breker. Through the efforts of Ms. Best, Mr. Breker and his event, there was an increase in trade in all of the restaurants and motels. She noted that tourism is more than just the people, it is an atmosphere which is created. She stressed that Assistant to the City Manager Best's job is to draw tourism to the community. Mayor Pro Tem Kelley commented on the following: 1. Thanked the City's staff for support of the City Attorney and thanked City Attorney Leibold for her hard work and dedication through a lot of long nights of work. 2. Stressed expectations of decorum at City Council Meetings and noted that the residents deserve to be treated appropriately. 3. Addressed the Visions and Views coverage of the Open Air Market which will be opening on March 1 st and expressed her delight to hear that the program has brought business and positive comments Downtown which is the goal of the program. She announced that this month's coverage will cover romantic spots in Lake Elsinore and the locations will address newlyweds and oldweds. She commented that she had a great time and enjoyed doing the program. 4. Wished everyone a Happy Valentines Day. Councilman Metze commented on the following: 1. Complimented staff and the City Attorney for their hard work. He noted that Deloitte and Touche were originally hired to talk with the team and they did give this contract their blessing since they were involved in the process. Mayor Pape commented on the following: 1. Expressed his curiosity about what her husband says about the amount of time and nights City Attorney Leibold spent on the Stadium Agreement. He thanked staff and especially Administrative Services Director Boone and Community Services Director Sapp. 2. Stated that he was asked to let people know that there is an opportunity for husbands and wives to make points since there is a special art exhibit and torch songs on February 13th. PAGE TWENTY— CITY COUNCIL MINUTES FEBRUARY 10, 1998 3. Noted Councilman Alongi's comments regarding the COI's. He stated that for over two years we have had numerous staff members attend LAFCO meetings on behalf of the City and representing our disfavor of this action. 4. Addressed Councilman Alongi's comment regarding always going first. He stated that he make a conscious effort to rotate the order to avoid that insinuation and his comment has no merit. 5. Explained that chairing a meeting can be very difficult and that there is a fine line in allowing a person to stay and participate or have them removed which is a last resort. He stated that he doesn't want to support or condone that action and is the purpose of him trying to regain order before moving on to the next step. He noted the impact on the Meeting and stressed that it is often difficult to draw a line. He further stressed the need for control and with an apology would allow the comments to continue. He stressed his need to be sure that he is making the right decisions before he takes action. Cif MIRIA MAM [IILI a. Anticipated Litigation - 3 Cases (Pursuant to Government Code Section 54956.9(b)) b. Conference with Labor Negotiator - LIUNA 777 (Pursuant to Government Code Section 54957.6). CITY ATTORNEY LEIBOLD NOTED THE NEED FOR AN ADDITIONAL CASE OF ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (B). MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADD THE ADDITIONAL CASE. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:22 P.M. THE CITY COUNCIL MEETING RECONVENED AT 11:04 P.M. WITH THE FOLLOWING DIRECTION: 1) DIRECTED THE CITY MANAGER TO SEND CORRESPONDENCE TO EVMWD AND SCHEDULE A MEETING REGARDING RECLAIMED WATER. 2) AUTHORIZED EXECUTION OF AN INDEMNIFICATION AGREEMENT WITH THE CITY OF CANYON LAKE REGARDING RESTRIPING OF RAILROAD CANYON ROAD. PAGE TWENTY -ONE - CITY COUNCIL MINUTES - FEBRUARY 109 1998 3) DIRECTED LEGAL COUNSEL TO PURSUE A LEGAL ACTION. 4) DIRECTED LEGAL COUNSEL TO SEND FINAL NOTICE OF DEFAULT AND COMMENCE ACTION TO TERMINATE AN AGREEMENT IN THE EVENT OF NON - COMPLIANCE. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:06 P.M. VIN W. P E, MAYOR ATTEST: VICKI lCkSAD, C TY CLERK I MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, FEBRUARY 12, 1998 CALL TO ORDER The Study Session was called to order by Mayor Pape at 2:40 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: KELLEY, METZE, PAPE ALONGI, BRINLEY Also present were: City Manager Watenpaugh, Administrative Services Director Boone, Community Services Director Sapp, Assistant to the City Manager Best and City Clerk Kasad. Im City Manager Watenpaugh noted the recent Goals and Objectives Meeting and the request that staff come forward with an Economic Development Plan. He noted that Assistant to the City Manager Best has put together a group of professionals in Economic Development to explain what Economic Development is in the 90's and how it has changed. He stressed that the consultant services for this meeting were being provided free of charge. Assistant to the City Manager Best noted that the panel is gathered from the Southern California region and noted their expertise. She introduced Mr. Michael Beck, Director of the. Office of New Initiatives and Economic Development for the University of California, Riverside. Michael Beck provided a background and history of economic development including changing regional economy, contrasted Economic Development with Redevelopment and provided a future vision for Lake Elsinore. He noted that the historical industrial base for the Inland Empire was Aerospace, and the region also benefited from Agriculture and Transportation. He Rather noted that the approach in the past has been a rather generic "come one, come all" attitude. He explained that the main selling point for the Inland Empire was PAGE TWO - CITY COUNCIL STUDY SESSION MINUTES low cost labor and land. He projected that the future characteristics of the economy would be in specified technological clusters including envirotechnology, transportation/logistics, infotechnology, biotechnic and tourism. He stressed the importance of stimulating the economy by leveraging private sector capital. He indicated that an appropriate Economic Development program should include a marketing program, zoning/specific plans, business friendly community and investment stimulation. Mr. Beck clarified that "Redevelopment" includes leadership development, image relations, land assembly, investment stimulation, and infrastructure development. He explained that the key difference between Economic Development and Redevelopment is the reactive component focuses on retail activity where development should eliminate activity. He indicated that the top ten location considerations for corporations are: labor supply /quality, transportation system, permitting process, competitive operating costs, quality of life, education, good government/business interaction, image, sites available, and inducement packages. He stressed that the inducement package is not the number one consideration. He indicated that the best development strategy is to develop civic entrepreneurs, industrial inventory and strategic community advantages including the good location and quality of life. He encouraged continued efforts on the industrial inventory and stressed that the I -15 corridor is critical for the region. He stressed that a good program manages the future and improves social and economic conditions of the Community. Assistant to the City Manager Best requested that Mr. Beck clarify the term "Civic Entrepreneur ". Mr. Beck indicated that is someone in the community who creates opportunities within the community, or helps to shape the community. Ms. Best introduced Chris Del Ross Risher, Associate Director of Business Attraction and Retention for the Inland Empire Economic Partnership. Ms. Del Ross Risher discussed I.E.E.P. and the regional efforts underway. She advised that there is a regional vision for Economic Development and identified the Inland Empire participants in I.E.E.P. She indicated that I.E.E.P. is a unifying force for regional business, government and community leaders, which is advancing a pro -active marketing plan. She noted a handout distributed at this meeting, detailing the regional strengths; and stressed that it is used on a daily basis for business retention. She further noted that land availability and cost is still a very important issue and there is still a large supply of land, at competitive prices. She indicated that the biggest issue is the work force in the region, and employers are finding the necessary work force locally; and that is the area's greatest asset. She further indicated that wage rates are competitive and people are educated. She noted the college and school systems in the area and indicated that the housing market is the most active in the region, being rated fifth in the nation in terms of market intensity. She stressed the affordable nature of housing in contrast to Orange and San Diego Counties. She indicated that the area offers incentives which are competitive with other areas of Southern California. She stressed that the quality of life is a major selling point for the area. She detailed the I.E.E.P. divisions including the small business PAGE THREE- CITY COUNCIL STUDY SESSION MINUTES development division, the Inland Empire Film Commission, and the international trade division She indicated that the I.E.E.P. has a pro - active public policy approach with the four main objectives of her job being to attract, retain, expand and incubate new and existing businesses. She noted the dollars being spent in other states to attract small businesses from California. Ms. Best introduced Lee Hanson, Associate Professor of Management at California State University, San Bernardino. Mr. Hanson noted that his last job before academia was as a Senior Administrative Assistant in a City Manager's office. He detailed the federal IE21 program which is a high tech strategy for the 21st Century; seeking to convert the region to a technologically sophisticated business base. He noted the ability to command high wage labor in this area. He explained that the thrust of IE21 is nurturing high tech entrepreneurship with technology transfer from the Universities, and the promotion of industry clustering. He explained that this regional strategy is linked to "Economic Gardening" and explained the ability of this program to complement local economy efforts. He further explained that Economic Gardening is shifting toward trying to assist local companies to grow or expand. He suggested that the City do an industry inventory, interview local companies to determine their growth needs, conduct a community assets/liability audit and design and launch a gardening program. He stressed that the overall thrust is to try and encourage the growth of companies for higher income jobs, do economic intelligence of companies for competitor intelligence reports, market identification, identification of foreign trade possibilities, training programs using local community colleges to address specific needs, provide professional support, and address quality of life initiatives. Assistant to the City Manager Best commented that there has been a number of questions about "Economic Gardening ", and noted that it was well explained by Mr. Hanson. She fuuther noted a study of several communities and their efforts in this area. She introduced Michael Stull, Executive Director of the Inland Empire Small Business Development Center. Michael Stull spoke on the value of small business, the needs of the small business community, explained the Small Business Development Center and detailed its resources. He noted that Economic Development for small businesses is many times overlooked, but they too are valuable to the economy as a whole. He advised that there are twenty two million small businesses in the Country today; and 50% of the private work force is employed by small businesses. He noted the high statistics on high business failures and stressed the number of small businesses in Lake Elsinore. He finther noted that he is a strong advocate of small business, but the failure rates point to a need for resources and nurturing. He compared the components of a growing garden and the needs of the business community. He commented that the SBDC is an organization that meets the needs of the small business community and maintains a unique partnership between the Small Business Administration, the State of PAGE FOUR - CITY COUNCIL STUDY SESSION MINUTES California, I.E.E.P. and a variety of cities, counties and private firms. COUNCILMAN ALONGI ARRIVED AT 3:20 P.M. Mr. Stull detailed the locations of their offices and noted that the nearest location to Lake Elsinore is in Murrieta. He advised that the SBDC provides free business consulting, low cost training seminars, special programs, and a resource network. He detailed the business assistance provided in 1997 and stressed the need to provide adequate support to small businesses. Councilman Metze noted a past opportunity to interact with the SBDC and indicated that free services provided were invaluable. Assistant to the City Manager Best introduced Mr. Jerry Henderson, representing the Los Angeles Region of the California Trade and Commerce Agency. Jerry Henderson commended the Council for having the best possible staff, and detailed the California Trade and Commerce Agency and its programs. He detailed the efforts to keep businesses in California and explained the various divisions of the Agency, including Rural Development, Welfare to Work, California Film Commission, Office of Permit Assistance, Office of Strategic Technology, and Office of International Trade. Ms. Best introduced Kevin Palmer representing the Economic Development Agency for the County of Riverside. Kevin Palmer commented on their efforts and economic activity in unincorporated areas of the County. He noted that even development in the County areas benefits the City in two ways, by allowing people to find employment in the vicinity and causing much of the remaining vacant land to be on the verge of development. He noted that several companies are looking into the Southwest County area; and detailed efforts to develop a strategic plan. He further noted that they have been able to identify target industries to market for relocation to this area. He explained the resources the County has available to assist cities with their ongoing projects, such as job training recruitment programs, grant funds to help prevent lay -offs, industrial development bond programs, etc. He also addressed federal EDA grants and noted the annual funds for infrastructure. Aurelio Aguierre, representing Riverside County Economic Development Agency addressed C.D.B.G. funds and explained that it is his job to see that the money is handled correctly. He noted that this money can address infrastructure improvements in eligible areas. He stressed the importance of quality of life and related issues. He advised that with regard to economic development, there is a loan program in the County of Riverside, which is competitive for the County on a whole. He stressed that cities only need to contact them and address the strategy and they will let us know what can be provided. He stressed their efforts to create jobs and a better quality of life for the area. PAGE FIVE - CITY COUNCIL STUDY SESSION MINUTES Ms. Best noted that the speakers have gone from a general description of Economic Development, to how it has been used successfully in other areas. She then introduced Fred Francia, Local Region Manager in Public Affairs for the Edison Company. Fred Francia shared personal information on economic development in the Lake Elsinore Valley; and indicated that he is very encouraged by the partnership and cooperation between the cities of Lake Elsinore and Canyon Lake. He thanked City Manager Watenpaugh and Assistant to the City Manager Best for their willingness to work with him on economic development issues. He stressed that the Edison Company is a stakeholder in the community. He presented a video on the Goodyear Rubber Company and a successful business retention program. He stressed the importance of outreach and "gardening" to retain successful businesses. Assistant to the City Manager Best reviewed the documents presented including and Interim report published by UCR in 1996, regarding economic development policies. She noted the key issues and the ranking of those issues in economic development promotion. She requested that Council consider directing staff to come back with a program for action, noting that City staff would like to include an emphasis on developing small business in the community. She noted past efforts with Temecula and Murrieta and the Southwest County Manufacturer's Council, and indicated that staff would like to develop a formal written policy for business retention programs, and possibly some streamlining of processes and improvement of the City's business friendly image. She indicated that staff would also like to include an economic plan in the general plan, and expressed hopes to find funding to assist with this effort. She also indicated that staff would like to continue to work with the EDC groups and stressed the importance of small businesses. She noted that she has recently learned that there are 413 businesses with 5 employees or more between Lake Elsinore and Canyon Lake. Mayor Pape thanked staff for the group assembled to shed light on economic development. He noted numbers heard with regard to the recession being over, and questioned whether there had been a survey of existing businesses in the region about plans for expansion and the need for larger facilities in the future. Chris Del Ross Risher indicated that I.E.E.P. does conduct surveys of that type and are presently resurveying that particular information. She noted that they do quarterly reports regarding business expansion and retention. Michael Beck noted that a list is being compiled for the technology and business list, noting that some are outdated. He noted that they believe they will find 400 to 500 high -tech companies in the region. He indicated that for that group the biggest problem seems to be in attracting qualified labor. Kevin Palmer noted that another tool which could assist in this area would be a seed grant pilot program between the City and the EDC. Mayor Pape noted that there was an intention to bring some specific recommendations for action before the Council. Ms. Best confirmed and noted PAGE SIX - CITY COUNCIL STUDY SESSION MINUTES that those recommendations will include visionary programming and goal setting for the community to look at where we should be going. She reiterated hopes that it would be possible to use grant funds to assist these efforts. Mayor Pape suggested bringing the program forward as soon as it is ready. Councilman Metze indicated that he would like to see another study session with the Chamber of Commerce, and the City of Canyon Lake and their Chamber of Commerce. He further indicated that he would like to see a more specific proposal at that time; including information on what we have and what else we need. He noted positive efforts to gain information on the importance of the quality of life in business growth and retention. Mr. Metze stressed that he would want very specific information on exactly what is needed from the City and from the Chamber to make the program work. Mayor Pro Tent Kelley concurred with having the policy come back for further discussion. She noted that a joint study session with the school district and Canyon Lake was planned and suggested that this issue be on that agenda. She thanked the consultant panel and stressed the existence of many resources to tap into, and noted its alignment with the City's policies, goals and objectives. Mayor Pape expressed appreciation to the Consultant team for their time and the good information. THE CITY COUNCIL STUDY SESSION WAS RECESSED AT 4:40 P.M. THE CITY COUNCIL STUDY SESSION RECONVENED AT 4:50 P.M. 2. West End Fire Station.(F:127.3) City Manager Watenpaugh noted that consideration of this item was requested by Councilman Alongi, and was intended to allow for construction of the station to proceed. Councilman Alongi stressed the importance of fire service and indicated that 18 minute response times do not constitute protection. He noted a specific fire which occurred at the west end, took 10 minutes for the fire department to arrive and resulted in over a $100,000 loss. He discussed the use of volunteer staffing and detailed the changes which have occurred. He detailed the response times form each of the area fire stations. COUNCILWOMAN BRINLEY ?._'.RP7,1D AT 4:55 P.M. He suggested that by the time tle station is built in approximately 18 months, the Chief will have had time to train personnel on how to operate the vehicle, etc. He indicated that the majority of fire departments are all volunteer. He noted that the City has negotiated a contract with the ball team and are opening the parks, and there is $2 million in reserves. He suggested that it would build the confidence in the community if the Council decides to go back and fiilly man PAGE SEVEN - CITY COUNCIL STUDY SESSION MINUTES the West End Station. He fiuther suggested that Goodhew would be interested in renting space at a new station. He also suggested that another way to save on operating costs would be for the City to handle the utilities on the station. He suggested opening the station and then going back to the people for more tax dollars. He indicated that his main concern as an elected official is to provide the most important public service, being public safety. He noted that there is no fire station planned in Eastlake and nothing in Tuscany Hills. He suggested that the City was exposing the community to danger. He noted that volunteer fire Fighters are the same as volunteer Sheriff's in that they place their life on the line, but don't get paid for it. Mayor Pape reiterated that the concern is not with having the money to build a station, but with having the money to staff the station. He questioned the cost of staffing a fire station with full time paid fire fighters year round. City Manager Watenpaugh indicated that it is just under $500,000 a year for full time staffing, but stressed that there was no revenue to pay that fee in the foreseeable future. Mayor Pape noted that the next choice would be all volunteer, which on the surface is a viable option, however it would still cost about $250,000 a year to staff with volunteers and provide training, gasoline, electricity, etc. He stressed that the Fire Chief has repeatedly told us that it is not in the City's best interest to use all volunteers, as the calls are too numerous and there is a whole list of reasons it would not be in the City's best interest. He suggested that politicians going against the recommendations of professional staff would be a bit pompous. He noted a recent newspaper article about the five fire stations sittin g empty em because there are no funds to staff them. He indicated that with regard to AMR ambulance service, they have a long term lease on the facility at four corners; and are probably not interested in breaking the lease. He further indicated that there has been some discussions with the County and Supervisor Buster, and they are looking at moving the station in Lakeland Village , and it could be relocated to benefit both City and County. He stressed the importance of working toward common goals, which are logical and feasible. Mayor Pro Tem Kelley concurred that the Council has repeatedly been told by the Fire Department that a paid fire staff is needed. She stressed the need to become solvent and suggested that the station needs to be more feasible with adequate finding. She further stressed that the City doesn't have the funds right now. She indicated that there are still 21 days before the Stadium Lease is a done deal. She noted that there is nothing she would like to do more than build a fire station and staff it, but it is not feasible and does not fit into the financial plan. Councilwoman Brinley concurred with the other Councilmembers because it is important to do the right due diligence before the station is built, to assure that we are able to staff and operate it. She indicated that there are no grants available to fund it, and proceeding at this time would be doing the residents a disservice. She reminded the Council and Community that the Stadium issue was only resolved recently. She stressed the importance of making sure the City has the money to fund staffing before the station is built. She indicated that she PAGE EIGHT -:CITY COUNCIL STUDY SESSION MINUTES appreciates the volunteers and knows they are trained to deal with difficult situation; but stressed that she has heard from the Chief that it is not a good idea to use only volunteers. She further indicated that it makes sense to have the money first and do it right. Councilman Metze concurred with Mrs. Brinley and questioned City Manager Watenpaugh with regard to whether this station was a priority at this time. Mr. Watenpaugh indicated that if the fimding was available it would be great to have the station, but it is not an emergency or priority at this time. Mr. Metze noted that half of the savings from the ball field have been allocated, but there are other payments due in eighteen months. He stressed that the reserves would be gone, if the fire station was funded for four years. Mayor Pape indicated that there appeared to be a clear consensus to not proceed on this item. Councilman Alongi reiterated his concern and indicated that the Council does not have a handle on the Community and missed the point about vehicles. Mayor Pape suggested proceeding to Item No. 3. There was debate regarding the readiness to proceed. 3. Mayoral Election. (F:44.1) City Manager Watenpaugh indicated that this item was also requested by Councilman Alongi; and contemplated placement of the selection of Mayor on a ballot as opposed the to selection by the Council. He noted that the fiscal impact would be approximately $30,000. Councilman Alongi indicated that it is time the people choose their Mayor and take that power away from the Council. He commented that if the City is trying to encourage other areas to join the City, this would be the first move indicating that the City is willing to go to the people for a decision and gives the Council a chance to exchange dollars in different districts. He stressed that the residents want to elect their Mayor, and the Council should put it on the ballot and let them make the decision. After substantial debate, Councilman Alongi was escorted from the meeting. Councilwoman Brinley indicated the reason Elsinore is not ready for an elected t Mayor is that the five represent the City as a whole, and when you start breaking a city into districts, there is a tendency for each to pull for their own district. She indicated that the City is not ready for that, as it is still growing. She stressed the importance of having a Mayor and Council all working together and not setting one person apart from the others. Councilman Alongi reiterated that the Council should let the people decide. Councilwoman Brinley indicated, at this point, she would still like to see all members working together because they were elected by the same people. Councilman Alongi indicated that would not stop if the Mayor was elected separately. He stressed that the Council should PAGE NINE - CITY COUNCIL STUDY SESSION MINUTES give the residents the opportunity to vote on it. Councilman Metze questioned the comment regarding Annexation and questioned who would want to annex the other areas. He noted the newspaper article regarding the Fire Station and this issue and indicated that he has seen no large group of residents seriously concerned with either issue. He stressed that all of the Councilnembers were elected and indicated that he is comfortable that whoever is Mayor has at least been chosen by three Councihmembers. Councilwoman Brinley indicated that with the current situation the Council is all working together and all in the same status, with the Mayor chosen by a consensus of three. She suggested if the residents want to change the system they can petition the change. Mayor Pro Tem Kelley commented that when a citizen votes for a Council candidate they are fully aware that candidate could become Mayor and should not vote for someone they do not want to see as Mayor. She indicated that when you start running one position above another, you inherently give the position more power. She noted what is happening in the City of Perris, as they are now having a power struggle. She further noted that costs tend to triple for the separate election and make it even more powerful. She suggested that this proposal is nonsense. Councilwoman Brinley concurred that it could create a power struggle. Mayor Pape noted that the bottom line is trying to divide the City into districts. He indicated that the reason districts are formed is to create manageable areas to be represented and there is time to respond to constituent needs. He also indicated that Districts become somewhat competitive for available dollars, and representation deteriorates at that point, as the focus becomes on small segments rather than the entire community. ��IWN- The Study Session was adjourned at 5:30 p.m. v't) VIN W. i , MAYOR i CITY OF LAKE ELSINORE ATTEST: VIC SAD, CITY CLERK CITY OF LAKE ELSINORE N t I MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 24, 1998 CALL TO ORDER The Regular City Council Meeting was called order by Mayor Pape at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Brinley. INVOCATION None. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, Finance Manager Magee, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS Mayor Pape requested an update on any storm related problems over the weekend. City Manager Watenpaugh indicated that as of this date the Lake is at 1250' elevation. He detailed recent road closures, but noted that all roads are now reopened. He advised that two large pepper trees had to be removed in the downtown area. He detailed the locations where sandbags were provided and noted that staff is clearing rocks and debris from the roads. He further noted that Lake crews are removing debris from the Inlet Channel and advised that as of noon this date, Canyon Lake was flowing at a rate of over two million gallons per minute, and for every fixture inch of rain there will be an increase of one foot in Lake Elsinore. (F:92.1) b. Proclamation - Arbor Day. (F:122.1) Mayor Pape noted the presence of the students but absence of the Principal. Mayor Pape read and presented the proclamation to three students of Terra Cotta Junior High School. The Students noted that trees will be planted on PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 their campus as part of the Arbor Day festivities. a. Presentation - Media One. (F:170.5) Cheryl Smith, General Manager of Media One, addressed the Council regarding a topic which she considered awkward, but necessary. She stated that during the last several Council Meetings, on several occasions profanity has been used and Media One finds this unacceptable. She noted that they have a responsibility to their customers to ensure that the content of the programs aired on Local Cable Channel 3 are free of material which their customers would deem inappropriate or offensive. She further stated that it is their opinion that profanity falls into that category. Ms. Smith noted that additionally the use of profane language can become a problem for the cable operator, if the use of the language makes the program indecent. She noted that the Communications Act of 1934 as amended, provides for penalties for airing incidents and indecent programing. She noted that they take their responsibilities to their customers very seriously and pride themselves on providing quality programming via Channel 3 to their customers. She noted that they believe their customers should never have to tune in to Channel 3 and hear statements that include profanity. She stated that she is requesting a commitment from the City Council this evening, to discontinue the use of any type of profanity during the live cable broadcasting of City Council Meetings. She asked that Council take this request seriously, and indicated that should there be any future incidents where profanity is used, Media One will immediately discontinue coverage of the Council Meetings until this issue is resolved. She stated that she would be willing to answer any questions the Council might have. Councilman Alongi stated that the United States Supreme Court has a problem identifying profane language. He noted that the main word in her report is "indecent" programming and asked for a definition of profanity. Ms. Smith stated that she could describe what the law describes as indecent, being any specific reference to sexual or obligatory actions or organs in an apparently offensive manner as measured by contemporary community standards for the cable media. Councilman Alongi asked if she had ever heard that on this program. Ms. Smith stated that there have been some words that have been used that could fall into this category. She stated that Media One is not at this Meeting to get into a debate about what profanity may or may not be. Councilman Alongi stated that he feels she is when she stands before Council and makes statements. Ms. Smith stated that Media One is here to share their concern as it relates to profane language being used, and potentially being offensive to their customers. She noted that the most important issue here, is that Channel 3 is their channel; they cablecast the Meetings live as a courtesy to the City; and they do not want to jeopardize their programing quality or offend their customers. She further stated that Media One is not here to make any judgement other than to say PAGE THREE - CITY COUNCIL MINUTES - MARCH 24, 1998 that they feel the situation has the potential for getting out of control and they would like to see it getting under control, so that neither the Cable Company nor the City Council is in a compromising position should a complaint be filed with the FCC. Councilman Alongi stated that he thinks that in all fairness Media One should come to the Council with a report of what Media One considers profanity and what the community feels is profanity. Mrs. Smith stated that she cannot stand at the podium and talk about profanity when she has no description of profanity. He asked if she considered "hell" and "damn" profanity. Ms. Smith stated that "hell" is not profanity, however "damn ", depending on the context can be. Mayor Pape stated that this is an embarrassing situation for the City, when we are on the verge of having our City Council Meetings taken off the air because of swearing and here we are trying to play word games. He stated that it is ridiculous and asked why anyone would have to ask to have it explained. He noted that any third grader would know what language is appropriate and what is inappropriate. He told a story that a parent related to him of a child in a third grade class at Withrow Elementary during Martin Luther King's Birthday. He noted that the children were given a project and that was to complete a sentence "I have a dream ". He stated that it could be "I have a dream about my community"; "I have a dream about my Country "; "I have a dream about the world ", and the parent related to him that the vast majority of the students in the room used the "I have a dream about my community ". He noted that it wasn't about the parks or schools, but rather their community and the children's answers were "I have a dream that there won't be any more bad words ". He further noted that right now and in the past profanity has been used, there are people watching the Council Meetings to find out what is going on in their community and the children are there watching the T.V. with them and they start to hear the cussing and swearing that is going on at the Council Meeting. He commented that you know that there is a dialogue going on between the parents and children explaining to them that it is not a good word; not something that you want to say. Mayor Pape stated that the children are listening to the discussion that is going on for it to be that clear and that defined in a third grader's mind. He stated that it is really embarrassing when someone tries to nit- pick, when anyone viewing this meeting understands that it is not appropriate to use that language and ruins the decorum of the meeting. He gave Ms. Smith his personal assurance that he will do what he can to control it at the meetings. He stated that anyone that comes to the podium or anyone at this dais that starts to use those kind of words; he will ask the officer to escort them away and hopefully they can conduct themselves in a more professional manner the next time they come to the meeting. PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 Councilwoman Brinley stated that she felt that Council received a polite and professional warning from Media One. She noted that if this conduct does not stop then the Meetings will be taken off the air. He further stated that she felt that it was a horrible thing to have happen to the community, because this is their source to be informed about what is happening in the City. Councilwoman Brinley stated that she was sure that Councilman Alongi knows what swearing is and what is acceptable. She noted that there has probably been language he has used in Council meetings that he would not use with his own children, grandchildren or wife. She commented that she was sure if he conducts himself as a gentleman at home, then he can conduct himself in the same manner here so our constituents will not suffer from this point on. She stated her concerns, and noted that her understanding of this warning, is that Council has been sitting at the dial for the last three years and received chastisement for things that Councilman Alongi has done and continues to do. She stated that she will respect Media One's request and abide by it and conduct herself in a professional manner, however she feels that the rest of Council should put the shoulder of blame where it really belongs instead of casting aspersions on the rest of Council who conduct themselves in a professional manner at all times. She stated that it is important that the Council conduct themselves well from this point on because the Council Meetings are the citizens greatest resource to keep the community informed. Ms. Smith clarified that Media One's intent is not to chastise the Council as a whole or as individuals. She stated that her Company sees this as a Council issue and that is why they felt compelled to approach Council. She reiterated Media One's responsibility to their customers and their legal obligations.and exposures. She assured Council that this was not a decision that was made easily and was discussed many times over within the organization with the benefit of their Legal Counsel. She explained that their concern is that there have been instances of profanity used at the Council Meeting and stated that she felt that things could get out of control and get worse. She stated that she does not personally think that the City Council as a body or an individual wants to be in that position. She further explained that it is not their intent to chastise anyone or pass moral judgment on anyone as it relates to this issue, however Media One has a commitment for responsibility as to what goes over the air on Channel 3 which is their community programing channel. Councilwoman Brinley stated that she respects that and will abide by the mandate this evening. She further stated that what she was trying to clarify was where this problem is coming from and not regarding what you said and how the Meeting should be conducted from this point on. PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 Mayor Pro Tem Kelley stated that Council has a policy that directs the decorum during Council Meetings and at this point she feels that it is absolutely ludicrous that Council has to reduce themselves down to a debate on what is appropriate and what is not appropriate regarding single words or phases, since Council knows what is acceptable. She stressed that this community deserves respect and she personally takes Media One's warning very seriously and commented that she understood their fear of legal exposure. Mayor Pape stated that the First Amendment doesn't imply that because you can say something, it is the right thing to say. Ms. Smith confirmed that just because the First Amendment gives people the right to say what they wish, doesn't mean that Media One has to retransmit it. She noted that is the issue and Council can say anything that they want since she is the biggest supporter of the First Amendment, however she does have an obligation that she takes very seriously to her 76,000 customers of which 26,000 reside in this area. She explained that they have never faced this situation before. She stated that she did not want to get involved with arguing and debating over words, however she can assure Council that if the language is inappropriate in nature and if it is profanity they will pull the plug on Council Meetings. Ms. Smith stressed that she is not saying that to be threatening at all, she is saying this because she means what she said about Media One's responsibility. She explained that should it happen, action will be taken immediately and the camera operator will notify Council that the Meeting is off the air; he will disassemble the equipment; and Media One will not come back until Council resolves the situation. She stressed how serious this situation is. Mayor Pape stated that it is unfortunate that Ms. Smith had to take this action and stressed how embarrassing it is. Linda Nanetti, 16293 Cimarron Road, addressed the entire cable programing and stated that all the channels are viewed by the children, parents, little league players and coaches. She explained that she has been a playground supervisor and the language used by the children at age five through seven was profane. She stressed that the children were hearing this language at home and not from their teachers; and stated that if the public is disgruntled from the adults on Council they should examine themselves. She noted that children are not watching the Council Meetings, the parents are and perhaps they are using incorrect language as well. Councilman Alongi suggested that Ms. Nanetti should leave the podium. She stressed that people should not point the finger at T.V., but rather they should look at what is being said at home. Mayor Pape questioned whether the public would like to stoop down into the gutter like everyone else, or do we want to try and lift them up and PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 improve standards. He stressed that just because someone else does it, doesnitTinake it right. Councilman Metze concurred. Councilwoman Brinley stressed that Council is supposed to set a standard. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. a, 31, 32, 33 and 34. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. l .a., l.b., 3 and 4. MOVED BY METZE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were received and ordered filed: C. Planning Commission Meeting - February 4, 1998. (17:60.3) d. Design Review Committee Meeting - February 4, 1998. (F:60.4) 2. Ratified Warrant List for February 13, 1998. (F:12.3) BUSINESS ITEMS 31. Second Reading - Ordinance No. 1035 - relating to Adoption to the East T Lake Specific Plan, Amendment No. 1. (17:150.2) City Manager Watenpaugh highlighted this item. MOVED BY BRINLEY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 1035, UPON SECOND READING BY TITLE ONLY: Ken Howard, 17540 Grand Avenue, addressed what was said about bad language, and questioned what the media would do when they catch the Council in lies. He indicated that he was looking at one who has lied and read a letter from the Department of the Interior concerning Eastlake and a four foot pipeline through the levee. He further indicated that this pipeline has never been opened up by the City or the Water District. He questioned what steps will be taken to prevent the potential of flooding. He further PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 questioned the increased level of the Lake and the time frame for further increases. He asked about the outflow channel and what will happen if the pipeline to the Eastlake floodplain is not opened. He noted that the Water District has sent out a flier stating that when the water reaches 1255' elevation, water will flow through Nichols Canyon, and inquired if that was correct. He noted the impact of the water level on his tennis court and indicated that lies are being scattered around by the people in charge. Pete Dawson, 18010 Grand Avenue, noted that he is happy water is coming into the Lake and we are not paying for it. He noted his past comments on the floodplain and fault zone in the Eastlake area; and quoted scriptures regarding the rain and floods. ORDINANCE NO. 1035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE EAST LAKE SPECIFIC PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Library Funding & Ownership. (F:98.1) City Manager Watenpaugh noted that the request before Council is to formalize the discussions which have been taking place between City and County staffs in a cooperative effort to purchase and renovate a new library facility. He explained that the City had discussed with the Supervisor's office that if the County were willing to front money then the City would be willing to participate with the library fees that have been collected in a Capital Fund through development to support repayments and renovations of the library. He stated that staff recommends Council approval to expend the Library Funds in the amount of $155,000; hire an architect to develop the plans and specifications for the interior and removal of doors on vaults; and clarify ownership of the facility to allow staff to finalize the necessary agreements with the County. Mayor Pro Tern Kelley stated that it is a real pleasure to see this item on the U PAGE EIGHT - -CITY COUNCIL MINUTES - FEBRUARY 24, 1998 Agenda and noted that this idea was Mr. Trotter's idea and this offers the opportunity for a better library in the City. She noted the problems with the current library and encouraged Council to own the building. She noted that no one knows what the future will bring and ownership would guarantee City control of the Library. She suggested if Council wishes to own the building, they appoint City Manager Watenpaugh as the person to negotiate with the Council for all future business regarding the Library. She noted the improvements that must be done before the Wells Fargo Bank Building is ready for occupancy. Councilwoman Brinley inquired if the library will allow Wells Fargo Bank to maintain the A.T.M. at that site. Mayor Pro Tem Kelley stated that it is her understanding that the walk -up A.T.M. will be maintained on site, however the drive -thru will not remain on site and those facilities will be converted into book return drops. She commented on the smaller building in the back of Wells Fargo that can be utilized for community meetings. Mayor Pape stated that it would be nice to have a meeting room of medium size for group use. He noted that is one thing lacking in the community. James Gray, 15159 Mimosa Drive, noted that at the Meeting held by the Council they voted to purchase the Wells Fargo Building and now they want to sell it to the City so we can spend $150,000 to upgrade the building to meet the American's with Disabilities Act. He stated that moving the Library is a good thing and having a place for the Detective Bureau right next to the Riverside County Sub Station is a good thing, however the one thing that is bad about this action is timing. He noted the fences around the parks and stressed that there is no West End Fire Station and asked how Council could consider this action under the circumstances. He stressed that we should let the County spend the $150,000 and say no -sale, thank you, however it should be a case of we will rent from you if you rent from us. He further stressed that it would be a smart thing to do and we would be ahead of the game for it. Dick Knapp, City Treasurer, asked why Wells Fargo is pulling the drive - thru out since it would be very convenient to have a book drop on one side and an A.T.M. on the other side. He stated that he has reviewed the requirements of the project and questioned the removal of the formal entryway and vault doors. He stressed that the City could utilize the vault and save the extra cost. Mr. Knapp gave a further overview of the items required and questioned the necessity. He stated that due to the cost he felt that we should leave it with the County and stated that if this is a staff recommendation, then we should get rid of this staff and get a new staff. He stressed that he would like his Wells Fargo rights protected. Mayor Pape stated that much as the Council would like to, they do not have control over Wells Fargo and they are private enterprise. Mayor Pape asked PAGE NINE - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 the City Manager to clarify the expenditure of the money. City Manager Watenpaugh explained the use of Capital Funds and stressed that they can only be used for what has been specified. He noted that the money cannot be used for operations and maintenance. He further explained that this has been a cooperative effort and the City could not do it by themselves nor could the County, however by working together it will make it possible to better serve both the City and the County area residents. He addressed the requirements and stated that it is a non - discretionary situation and the City must comply just as everyone else does. Mayor Pro Tern Kelley explained that this is a win/win for the City and the County area residents. She stressed that by moving to a larger building it increases the ability to reach people and provide service. She noted that there is no loosing side to this issue. Mayor Pape gave an overview of the positive aspects of the entire situation and concurred with Mayor Pro Tern Kelley that it is a win/win situation. Councilwoman Brinley stressed the point that the money cannot be spent on other project since it was collected for the Library and must be used in that manner. She stated that the Library will be staffed by L.S.I. Councilman Alongi stated that he does not disagree that the City needs a new Library. He asked if the City does not move forward and since the County has bought the building, will the County then move in and refurbish the building and put it in the order needed for a Library. City Manager Watenpaugh stated that it is his understanding that they would not. Councilman Alongi asked if the City has received a bid on all of the items and if the $155,000 won't reach it, where will the City get the funds to complete it. He stressed that it is a very extensive list that is required and very expensive. He noted that he does not feel that $155,000 will not come close to doing the work that is required. He suggested that the City utilize the vault since the City needs another place for archives. He stated that if it is just venting, it is cheeper to core the vault and utilize the vault for rare books in case of a fire. He asked why we would not want to use it since fitting custom doors would cost so much and coring for ventilation would only be a few hundred dollars. He stated that he is not opposing the Library, however he is trying to find a way that the City doesn't get themselves into this and find that there is a need for $200,000 more to complete the project. City Manager Watenpaugh clarified that staff has received an estimate from the County for the work and he purposefully did not put the dollar amounts in the staff report because he did not want that to be a fixed dollar amount. He gave an overview of the City's obligation and stated that the City has only committed to the $155,000 for renovations. He addressed the vaults and stated that the recommendation was to either weld PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 the vault doors open or remove them, comes from the L.S.I. staff to address safety issues and allow them to utilize the area for staff space. He noted that has not been finalized at this point. Councilman Metze concurred with Mayor Pro Tern Kelley. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE EXPENDITURE OF THE LIBRARY CAPITAL FUNDS TO PREPARE THE NECESSARY PLANS AND RENOVATIONS TO THE WELLS FARGO BANK FACILITY AS A NEW LIBRARY FOR THE LAKE ELSINORE RESIDENTS AND SURROUNDING COMMUNITY AND DIRECT STAFF TO FINALIZE THE NECESSARY AGREEMENTS WITH THE COUNTY. 33. West End Fire Station - Requested by Councilman Alonei. (F:127.3) City Manager Watenpaugh gave an overview of the West End Fire Station and noted that while funds are available to construct the fire station the City currently has no funds allocated for maintenance and operation of the facility. He explained that the Council has taken the issue before the voters twice and though that action it indicated that the voters did not want to be assessed additional dollars to implement this action. He further explained that to operate the station on a volunteer basis, it would cost the City approximately $250,000 per year and to have a manned fully paid staff would cost approximately $500,000 per year and upon information from the Riverside County Fire and California Department of Forestry based on the number of calls in that area it was recommended that there be paid staff coverage augmented with volunteers. He further noted the City's efforts to reach financial stability through the financial plan and indicated when the City reaches a point where the Fire Department tells the City that the number of calls mandates a fire station on the West End then Council will be in a position to direct staff to find the money. City Manager Watenpaugh stated that we have not reached that point as yet. He noted that the Fire Department has indicated that there is a need for eight staff when the West End Fire Station is built due to the projected demand for service on a 24 hour basis and not for just the period when volunteers are available. Riverside County Fire Chief Jim Wright gave an overview of the history of the West End Fire Station discussions and noted that a fully staffed fire station entails a staffing standard of two paid persons on duty seven days a week, twenty -four hours a day, augmented by a volunteer fire company. He explained that they based that on the knowledge the projected responses that the West End would have. He noted that the current responses have been have been handled by the Lake Elsinore and Lakeland Village Fire Stations and have amounted to 1,200 calls in the last year. He stressed that this amount of calls would tax a volunteer fire company and create a situation PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 where they would not be able to handle a response load of that amount. He further stressed that once the facility was built that the community would expect a rapid response from that facility and noted all the difficulties that would be encountered to implement that expectation. Chief Wright stated that based on all the information and projected factors it is recommended that the City staff a West End Fire Station with two fully paid fire fighters twenty -four hours a day, seven days a week, backed up by a volunteer fire company. He noted that they have an excellent volunteer fire fighter program and they are very proud of them. Mayor Pape called on the persons who have requested to address this issue as follows: Chris Hyland, 15191 Wavecrest Drive, noted that this issue has been addressed for years and there is a need for a fire station on the west end of the City. She asked if it would not be favorable to build the fire station since the City has the money and indicated that she would like to see a bank statement that shows that the City does have the money to show that the City actually has the money and not just a piece of paper that just says that you have it in the amount of $776,192.19. He noted that she has a question about the money since she feels that the City is hedging and noted that while the cost of building is down, now is when it should be built. She stressed that the City seems to have money to address the Library and other projects, but not this facility. She stressed now is the time to address the Fire Station. James Gray, 15159 Mimosa Drive, noted the lease of the Diamond Stadium and the money saved as a result of that action. He stated that he felt that the money saved has been wasted. He noted that the City has proposed to address the parks, however if a child is injured while playing who is going to respond and how long will it take. He noted that the City has the right to make a choice between the parks and Fire/Emergency protection by building and staffing the West End Fire Station. He stressed that the City build the West End Fire Station with the $776,000 that we already have and staff the station with volunteers. He noted that with the money we save by staffing with volunteers the City can afford to keep the parks open at the current operating levels and allow the City to have the best part of both. He cautioned Council that when they think about the children, really think about the children and what is really best for them. Linda Nanetti, 16293 Cimarron Road, produced her CC & R's and noted the fire protection stated in that document. She noted that when she first moved to Lake Elsinore she was in the County and then annexed to the City. She stated that the City wants more, however can give less. She further noted the proposed Liberty Development and the increased draw it will put on current services. She asked what is going to happen to the Terra Cotta area PAGE TWELVE - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 and how will this impact them. She noted the need for personal first aid training in order to save lives due to the lack of service. She asked that a fire station be addressed for the protection needed by the residences in that area. Ken Howard, Lakeland Village, noted the traffic at Riverside Drive and Lincoln and noted the excess amount to time it will take for Fire Trucks to respond to the Machado area due to that factor. He asked if there are calls in that area, then what is Lakeland Village going to do if they have a fire. He urged the Council to build the West End Fire Station and will pay for itself by not having trucks respond from Lakeland Village in getting from one end of town to the other. Ace Vallejos, 15231 Cobre, commented that when he moved to Lake Elsinore none of the development was in existence and noted that now the whole west end has developed, fire protection was not mitigated and has still not been mitigated. He stated that the City is suppose to provide services, just as well as the County does, and they are suppose to work cooperatively in order to take care of the people and their safety. He further noted that the response time is approximately 10 to 15 minutes and if there were two fires at the same time he felt that it could be a very serious problem. He stressed that the County Fire resources have had to be shared with all of the new people that have moved into the City and nothing has been done to take care of the safety concerns of the all the people. Mr. Vallejos stressed his concerns for the safety for all the citizens in the Community. He stated that as far a Volunteer Fire Services are concerned, he would volunteer and he feels that he is qualified to do so. Earl Doyle, commented that he has lived in Lake Elsinore 10 years and has been waiting 8 years for a Fire Station. He noted that he was at the March 30, 1990, meeting where Washburn, Winkler, Molendyk, all the other Council and a Fire Chief were present that promised that before the first 50 houses were built in Community Facilities District 88 -3 they would start construction on a Fire Station. He stressed that he is still waiting and all he has received is B.S. from all the Council except from Councilman Alongi and he is the only one who has been honest. Mr. Doyle stated that last year the City spent $1,300,000 on dead beat projects; $500,000 to pay off some developer on the other side of the free -way which would have staff the Fire Station for a year; $800,000 on other projects that were out of our General Fund and the public should not be paying all of these fees out of our General Fund. He stressed that the City owes the citizens a Fire Station and noted a survey that was taken of 23 other cities and police, fire, public works and parks were the first four things that were cited without assessments. He again stressed that Council owes the residents the Fire Station and stated that if Council invests in a Library before they build a Fire Station, then he is going to encourage all the people that live in the PAGE THIRTEEN - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 Community Facilities District 88 -3 to form a class action suit and get the Fire Station. He stated that he has called Sacramento and received very good information and feels that this is the road they will have to take. Mayor Pape asked that Chief Wright address the comments regarding the number of calls and response times as well as the other questions that were posed. Chief Wright indicated that the number of calls that were received in the last calendar year were 1,200 plus calls and noted that with the inflation of calls annually the service demand will be increasing. He addressed response times for the two primary stations that are responding in the area as well as factoring in the proposed station. He gave an example of times involved as follows: Cross street of Lincoln and Machado from Station 10 which is 3.7 miles and the response time 3.7 minutes; the Lakeland Village Fire Station which is 5 miles takes 10 minutes; Nichols and Interstate 15, the Elsinore Fire Station which is 3.8 miles which takes 7 minutes, Lakeland Village Fire Station which is 7.7 miles with a 15 minute response time. He noted that their response times are based on 2 minutes per mile and traffic congestion is factored in on their response times and this is fairly accurate. He stressed that they do not only have to provide safety to the public, but also to the fire fighters who are responding to emergency incidents. Chief Wright addressed that the utilization of the Fire Station in Lake Elsinore and Lakeland Village and explained that the Riverside County Fire Department operates a Regional Integrated Fire Protection System. He explained that this means that the public has the benefit and luxury of blending several layers of government, which in this instance include the State of California Department of Forestry based at the Lake Elsinore Station; County of Riverside based at the Lakeland Village Station; and the Elsinore Fire Services providing fire services out of the Lake Elsinore Fire Station. He noted that this integrated service moves all around and does not worry about boundaries, City Limits, etc. He indicated that it is one of the best programs and is a model for fire protection systems in the State. He noted that we are very fortunate to have this program here. He explained that by adding an additional Fire Station it will enhance the Regional System for the Elsinore Valley. Mayor Pape asked for clarification regarding the ambulance service which is contracted through the Fire Department. Chief Wright concurred. He stated that the Paramedic Ambulance Services are provided by American Medical Response (AMR) which is a private company which provides the service and they are regulated through the County Emergency Medical Services /Department of Health. He indicated they have the operating area of the Southwest Zone as well as throughout the rest of the County. Councilman Metze clarified that they are located at Riverside Drive and Lakeshore. Chief Wright concurred. PAGE FOURTEEN CITY COUNCIL MINUTES - FEBRUARY 24, 1998 Mayor Pape stressed that the dollars allocated for the Library can only be used for Capital Funds for the Library and cannot be used to staff the Fire Station. Councilman Alongi apologized to Chief Wright and stated that it is difficult to question someone of your authority. He stated that he does know that Chief Wright would not reach the level of his achievement if he was not qualified in the area of Fire Protection. He indicated that the City was going to put a temporary Fire Station at the corner of Machado and Lincoln for a one engine Fire Station and move an ambulance service there, as well as moving two men from Station 10. He asked if there was any difference from moving two personnel from that location to the new site. Chief Wright noted that currently the City of Lake Elsinore funds a three person Engine Company out of Station 10, based on the 1990 City of Lake Elsinore Fire Protection Master Plan study. He noted that one of the recommendation of the study was for the City to increase, from a two man Engine Company to a three man Engine Company and the City did that right after the master plan was received by the City. He explained that since then, through working with the City to make the West End Fire Station work, it was recommended that the City reduce the Engine Company staffing level at Station 10 and redirect the third Fire Fighter position to the West End and adding an other staff member to make the West End a two person Engine Company. He stressed that it would not be taking two people from Station 10, it would rather be taking one person and adding additional staff to make a two person Engine Company. He noted that it would drop the cost since the City is already paying for the third person at Station 10 and would be adding only one new person. Councilman Alongi asked if the City went to a full staff Fire Station, then the City would only be looking at one more full time staff person at the West End. Chief Wright stated that is incorrect since Fire Fighters are paid for a three day shift and four days off, therefore for seven day a week coverage there is a need for three bodies. Councilman Alongi asked if Chief Wright has ever recommended an all volunteer station. Chief Wright noted that in 1992, the City Council was given information regarding all volunteers and full paid staff scenarios to allow an appropriate decision. He explained that the City Council must choose your level for Fire Services. He stated that when he met with Councilman Alongi recently the statement that he made was that it was his responsibility to inform Council of all of the professional and technical information so that if the City went with an all Volunteer Fire Department that in the event of an emergency incident and Volunteer response was late or it didn't even cover it, you will have citizens calling you and myself. He stated that he wanted to be sure that everyone is informed up front and that there is no expectations and that the community knows it as well. He explained that if the Fire Station is built and it is all Volunteer it may not be responding every call. Councilman Alongi stated that he understands that and he thinks that the constituents understand that PAGE FIFTEEN - CITY COUNCIL MINUTES - FEBRUARY 24,1998 as well and asked Chief Wright if he opposed a Volunteer Fire Station and noted that Chief Wright recommends a fully staffed Fire Station and he respects that. He explained that he would like the best, however he cannot afford the best so he will take what he can get. He asked if it was an accurate stated that Chief Wright does not oppose a Volunteer Fire Station if that is the only thing that the City could provide. Chief Wright concurred. Councilman Alongi clarified that the Volunteer Fire Fighter would be trained to operate a new Fire Engine that the County would provide and the County would also train those persons to run the Station on a Volunteer basis. Chief Wright concurred. Councilman Alongi stated that he would not be so adamant in supporting the Fire Station if the pervious Council and this Council did not spend our tax dollars in areas in which they spent it. He stressed that public safety is the City's most important asset that the Council should attain. He noted that it is not providing ball games for out of town visitors at the tune of $500,000 a year. The ball field itself, over a four year period has eaten up well over $3 million dollars of the public's taxes, right out of the General Fund. He stated that during the last couple of years the City has taken approximately $600,000 to pay some dead beat contractor's bills which could have gone to man the Fire Station. He noted that the money was borrowed from the Redevelopment Agency to pay those bills and that was done to go $5 million dollars deeper in debt. He noted that it was applied to a $10 million dollar loan that the City borrowed that could not be paid in the first place, hoping three years down the road that the City would have the money to make the payment. He further noted that the City then took $140,000 from the Reserves again and fenced off the parks; then came back two weeks later and took $50,000 from the General Fund to put in the parks; then the City came back and matched the $25,000 funds to apply to the parks; then the City came back and took some more money; then subsidized a movie theater $100,000 a year -plus right out of your pockets; then subsidize the Lake right out of your pockets. Councilman Alongi stated that he would not be fighting for that Fire Station if all that was not done. He stated that the City seems to find money whether from the Reserves or other sources to provide to do the things other than to provide public safety and provide services in this community. He noted that the City has well over $2 million in Reserves and right now is the best time to build the Fire Station because of building costs. He stressed that the City does not have to build the Fire Station that was designed for that area since the County would provide us with their plans and it would only need to be recertified by an Engineer. He further noted that would be money saved as well as the Fire Truck being free and it would only cost $200,000 to man it with volunteers. He stated that he would like to have a full time Fire Department as well and explained that he came to Lake Elsinore in 1962 and there were 5,700 people when he moved here and the only Fire Station was on Graham. He stated that the City has grown to 26,000 and the only other Fire Station which is mostly volunteers, is in Lakeland Village and that is not keeping up with public safety. He stated PAGE SIXTEEN - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 that parks are important, but if the City can commit half of the $500,000 which the City has not received yet, Council could certainly take part of that money and put it toward maintaining the Fire Station. He further stated that the Council could also get the Emergency Services that is contracted to put an ambulance in that building as well which would address the security of the building and they would be more than happy to move to that end of the Lake. Councilman Alongi stated that he has response times from different stations within our area and asked if the desired response time is 7 minutes. Chief Wright stated that they would like to see a response time from 5 to 7 minutes which is based on emergency medical care which has a window of 4 to 6 minutes. He explained that it is based on the fact that when breathing stops. Councilman Alongi stated that when it is a 15 or an 18 minute response the person is dead. Chief Wright concurred. Councilman Alongi stated that it is a very dangerous situation that the Council puts the public in. He noted that it is not the Fire Chief s fault; not the County's fault; not the policeman's fault; it is the Council's fault. He noted the amount of calls the area stations receive from 1989 to present in Station 10 are as follows: 1989 - 210 fire calls with 124 false alarms and 1,562 medical aid; 1996 - 413 fire calls with 191 false alarms and 1,757 medical calls; January 1 through August 31, 1997 - 172 fire calls with 105 false alarms and 1,097 medical calls. He stated that at Station 10 in 1996, 74% of the calls were medical calls and noted that the residents are doing a pretty good job of preventing fires in our community. He further noted that at Station 11 it was 76% for medical aids. He noted that in 1997, Station 10 had 76% and Station 1175% in medical aid. He stressed that it is not just fire that is being discussed, but medical aid. He stated that what is being discussed is a child choking or someone having a heat attack. He noted that the ambulance will respond to those. He read an article which stated that 75% of Fire Fighters are volunteers in the United States which is a total estimate of 1,730,600 Volunteer and paid Fire Fighters across this country of which 807,000 are Volunteers. He gave an overview of the article giving listing all of the various fire services. He noted that it is not unusual to have Volunteer Fire Stations and in fact one of the Fire Stations in the County moved from paid personnel to volunteer. Councilman Alongi noted a letter that he has from a Fireman who is a Lieutenant that he trusts and knows very well, talking about Volunteer Fire Stations. He indicated that the letter says that even though the West End Fire Station could first be staffed with volunteers, that with the current level of the West End local protection which is "0 ", it is easy to see how 80 %, 70 %, 50% or even 40% would be better than nothing. Councilman Alongi stated that the Council has now approved East Lake and there is not a fire station around there, unless there is one built in the second phase as well as Summer Lake which could start up again as well as Tuscany Hills with no fire station there as well. He stated that Council's responsibility is public safety and not the savings business. He stressed that it is not Council's job to build the City's savings account. He further stressed that the community wants the Fire Station; the PAGE SEVENTEEN - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 City charged them for it; the City collected the fees for a Fire Station which were added to the cost of the house plus the assessments and the people are paying for it. He stated that the Fire Station should be built today. He further stated that it would take 18 months to build it and the Fire Chief 18 months to train the people that will be in that Fire Station. He noted the people would realize that the people would realize that it is a Volunteer Fire Station and not be upset about it. Councilman Alongi stated that based on the figures it is the medical services that is more important in that area. He noted that in the letter it is stated that approximately 80% of the calls to the West End Fire Station would be emergency medical calls. He stated that this is not for him since he has a Fire Station right around the corner and can be at his home in less than 2 minutes and it is the same with a Police, however the people at the West End of the Lake will need to take their children to the hospital because the medical aid will not get there quick enough. He noted that the letter he has been reading is from a reputable Volunteer Fireman who has been on the job for the last 18 years. He noted that the letter stated that it would be logical and efficient to have Good -Hue Ambulance move into the new station which would provide station security and a form of station staffing when volunteers are not present. He stressed that he would not argue with this Council. He noted that he has stated the facts and appreciates where Chief Wright is coming from. He commented that he has several members of his family that are firemen and he understands Chief Wright's concern and the fact that he wants to provide us with the best type of coverage that we can afford, however in this instance the City has decided to take it's money and squander it in other areas which remove us from public safety. He stated that he felt that Council should be just as concerned about public safety as we are about a library. He stressed that Council's concern is about playing ball and taking fences down around parks. Chief Wright addressed construction costs that Councilman Alongi mentioned. He stated that in the early days of this project the City was presented with a fire station design, that after it was looked at and evaluated that had a construction cost of over $900,000. He noted that when the Fire Department saw that, they came to the City and offered to help. He further noted that the County offered their standard fire station design since the plans were already done. He further stated that they took one of the Councilmembers to see the fire station and their intent was to help the City save money in the construction of the station. He stressed that the option is still out there. He commented on the fire apparatus and noted that the County's contribution to this project was to make a Fire Engine available from their fleet to place in this Fire Station since the County knew the expense on the City to place a Fire Engine in that Station. He noted the discussion regarding Volunteer Fire Fighters and explained that Volunteers do go back to the early days of Benjamin Franklin, and it is still volunteer in the Eastern United States, however in California, especially in Southern PAGE EIGHTEEN CITY COUNCIL MINUTES - FEBRUARY 24, 1998 California there are not many true Volunteer Fire Departments left due to population levels of demand, etc. Chief Wright stated that Riverside County Fire Department utilize Volunteer Fire Companies throughout the County and they have approximately 1,200 Volunteers serving various areas in the County. He noted that of the 84 Stations, County wide they have a total of 12 Fire Stations that are Volunteer staff. He noted that those Fire Stations are located in rural areas such as Rancho Carillo, Rancho Capistrano, Colorado River, River Bend at Lost Lake and the one that Councilman Alongi mentioned that converted to all Volunteers is causing a problem now through time it has become difficult for them to provide response time for the community. He explained that due to the fall -off in Volunteers the community had to relay on a neighboring City to provide service and now that City has informed the County of the impact it has caused them. He further explained that he is now faced with going to the County Board of Supervisors to obtain funding to put paid staff back into that Fire Station due to the demand levels. He stressed that Riverside County Fire Department is very pleased with their Volunteer Fire Companies and thank them for the tremendous amount of time and effort that these individuals give to their community. He explained the amount of time necessary to go through the required training which is the same in service training that the paid personnel receive to facilitate interaction on site is tremendous. He listed the amount of training necessary. He stated that it is getting harder and harder to maintain that type of personnel because Volunteers are members of the community and have to work and provide a living for their families. He explained that there is only so much time that a person can give. Mayor Pape thanked Chief Wright for attending the Council Meeting and noted that this is an emotional issue for a lot of the residents. He noted that it entails a great deal of money and must be looked at logically to review all of the options. He noted that the first option is to look at an all paid staff, seven days a week supplemented by Volunteer and noted that the cost is approximately $500,000 each and every year to the City. He stated to incur that additional cost the City then needs to target or ear -mark some additional or new revenue sources to be able to make that expense every year. He noted that the City does not have any new revenue source that can be tapped into to address this. He commented on the suggestion to spend the money out of reserves, however the City has just over $2 million and is available for any potential unexpected expense that the City must incur that is not budgeted for each and every year. Mayor Pape noted that at $500,000 a year, in four years the City's savings is completely wiped out and there would be no more money, therefore if anything happened that was not budgeted for such as a big storm and staff is needed to address emergencies the money would not be there to pay them. He noted that the Council and community made the effort to create additional revenue sources with Measure SS and it failed. He stated that the other option is an all Volunteer PAGE NINETEEN - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 Station and Volunteer does not mean free since it will cost approximately $150,000 a year to operate the Station and again this would be spending money without a new revenue source and spending money that the City does not have. Mayor Pape noted Chief Wright's comments regarding the fact that Volunteers are a great supplement to the paid full time staff, however the community will be disappointed if they relay on Volunteers 100 %, because they do have other jobs, families, and other commitments. He commented that he was sure that there would be a lot of people available on Saturday and Sunday, however it is going to be very difficult Monday through Friday to staff an all Volunteer Station. He noted the experience that the County has had and read an article from the January 23, 1998, Press Enterprise which states no cash, no staff. He explained that the different areas had the money to build the Fire Stations, however they had no money to staff them and now they sit empty. He asked if the citizens of this community want to duplicate that type of problem. He explained that as the City starts to see new revenues in the future with the boost in the economy, the City can then take that money and allocate it to staff a Fire Station. He stated that Council should learn from the mistakes that have been made before which is "don't build it until you can pay for it ". He stated that when the funds become available, then the Fire Station can be built and the City can staff it properly. He noted the need, however the Fire Department's professional and technical recommendation is that the City work toward being able to provide a Station that has full time paid personnel on site. He stressed that all the Members sitting on Council hear emotional issues, however when it comes time to make a decision on them they must follow what the experts advise. He asked if the community wanted them to base their decisions on the facts that the experts present to them or on a political basis and that is what Council is faced with right now. He noted that this issue has been addressed at a Study Session and now it is being brought back so people can grand stand a little bit, therefore Council must be patient and go through the process, however this issue does have a benefit to the community so that everyone can understand what is going on. He noted the financial situation that the City is in and although it is a priority it must wait until new revenues become available and then it can be addressed. He explained that the City's goals are to add more police, do the Fire Station with staff, bring back the parks, do some repaving on streets. He explained that there are a lot of things that must be done and the Council will have to take them one at a time as money allows. Councilwoman Brinley stated that she felt that Chief Wright made a good point when he stated that Volunteer Stations are effective when there is a population of 10,000 or less. She noted that Lake Elsinore has a population of approximately 28,000. She clarified the response times that were addressed and asked if this falls within the guidelines that address the health and safety of a community of 28,000. Chief Wright stated the information came from a Volunteer Informational Guide and is based on a Nation Wide PAGE TWENTY - CITY COUNCIL MINUTES FEBRUARY 24, 1998 Application average. He further stated that response times are based on 2 minutes a mile and includes all the factors that would influence responding to an incident. He responded to the questioned regarding criteria and explained that the County Fire Department in it's Master Plan relies on the planning levels of heavy urban, urban and rural and out -lying areas. He noted that based upon those categories is that time responses are set as goals and in this the City is classified as urban and that is what should be strived for. He further noted the City's Fire Protection Master Plan also parallels the County's Master Plan by meeting those criteria. He explained that the need for that, using the fire response as an example, is that to meet and urban level of fire protection services the Master Plan will dictate that at a first alarm assignment would be required to arrive and have suppression efforts underway within 10 minutes which is the goals that they set. Councilwoman Brinley asked about the training for volunteers and the cost that would have to be met by the City. Chief Wright stated that it would refer to the service delivery cost which would be the $250,000 that is what it costs the Fire Department to maintain a Volunteer Fire Company which includes the training, training material and everything that makes the Fire Station work. He noted that just the required safety for each Volunteer would cost approximately $1,500 to $1,800 that must be provided. He further noted the Workers Compensation Coverage that is required, therefore all of the service delivery costs would cover all of the items associated with a Volunteer Fire Company operation. Councilwoman Brinley clarified that the developers building new homes would have to meet with the Fire Department to mitigate any concerns regarding fire protection and noted that they cannot build houses without your approval. Chief Wright concurred. He noted that when a developer come to a city or county area, the planning process opens up the project for review by all of the affected agencies. He gave an overview of the review procedure. He explained that with planning process, an agreement can be entered into to augment mitigation efforts to meet service level demands. Councilwoman Brinley noted that the City and County are doing a joint effort to address operations and maintenance for the West End and explained that since County has had financial problems they cannot participate and now the City must try to figure a way to provide the costs of operations and maintenance. Mayor Pro Tem Kelley stated that she just wanted to emphasize that the Library dollars only go for the Library and cannot go for a fire station. She noted that it was mentioned that the City has done many things in the past that did not have a revenue stream to accommodate and it is a pit that this Council has been trying to dig it's way out of since day one. She further noted that the question that has had to be answered is how this Council pays for the things that are before them and no dollars to answer those demands. She explained that it means that they have had to close down facilities and lay -off to answer the financial problems. Mayor Pro Tem Kelley stated that whether it is $250,000 or $500,000 a year, Council still needs a permanent PAGE TWENTY -ONE - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 revenue source to pay for them and emphasized that it is yearly and not just one or two years. She stated that no one can deny that the City needs another Fire Station, however the Council must make fiscally sound decisions and noted the financial work out team that developed a financial strategy and the Council has been cautioned to stick to the strategy so that the City can be dug out to allow services in the future. She noted the contract with TMC to take over the Stadium and has not been signed yet and therefore to commit the funds would be premature. She stressed that she would like to see Council tackle the issue when they know how they will be able to pay for it and operate it in the correct manner. She noted that the professionals have recommended that the City man the Station with a paid staff and she felt that the City should behoove that recommendation. He concurred with Councilwoman Kelley regard the funding of a Fire Station and noted that at this time the City does not have a regular funding source to cover a Fire Station. He explained that to build it now would place the City in the same position that it finds itself in with the Stadium. He noted that when he was elected the voters wanted to have the City pulled out of debt and that is what he is committed to. He further noted that the temporary station was vetoed by the people and it has been noted that the voters want a permanent fire station when the City can afford to do so. He noted that the public wants it to be built and staffed however they do not want to be assessed for it, therefore the City will have to wait until funding is available. He stated that what he feels that all this comes down to is someone was upset over the Stadium and Theater and will do anything that they can to make this Council look bad, when they are just trying to deal with the situations that previous Council's had put in motion. If the public wishes to sue Council he stated that they could since he has an attorney available. Councilman Alongi stated that Councilman Metze could not use the City Attorney. Councilman Metze asked that Councilman Alongi not interrupt him by order of Council Policy and Roberts Rules of Order. He questioned the ambulance service that the City uses and asked if they were paramedics and what the difference was. Chief Wright noted that the ambulance provider, American Medical Response, provides paramedic or advanced life support services. He explained that Fire Services provides basic life support services by basic first responder level training or EMT. Councilman Metze stated that each augments the other. Chief Wright concurred. Councilman Metze noted that the west end has Emergency Medical Response in a superior time factor than other places in the City. Chief Wright stated that is only if they are close to home base. He noted that they are in a Regional Program and could be committed to a traffic accident on the freeway. Councilman Metze noted that this could also apply to the Fire Trucks as well. He explained the move -up resources and how each station backs the others. Councilman Metze noted that due to the location of the ambulance, the response time is faster in that area. Chief Wright concurred and stressed that it would only be faster if they were in their home base. PAGE TWENTY -TWO - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 MOVED BY BRINLEY, SECOND BY METZE TO POSTPONE INDEFINITELY THE WEST END FIRE STATION ISSUE. Councilman Alongi stated that Chief Wright stated that the goal is 2 minutes per mile and the Lakeland Fire Station to 115 and Lake Street is 9.1 miles which is 18 minute response time. He noted the following: That moving an emergency vehicle: from four corners to that area would enhance the response time and stated that the Fire Department cannot respond in a proper time from Lakeland Village or from the Elsinore Station; that the City has never lived up to it's Master Plan for Fire Protection; the only thing that is discussed at Planning Commission level is fire flow, the Fire Department has never requested denial on any project, unless there was a Fire Station within the responding time, however they have responded to fire flow which addresses the location, number and water flow. He addressed the Stadium contract and noted that Council directed Little League to go out and start making plans to start playing ball in their parks. Councilman Alongi stated that if the contract has not been approved, then what is Council directing Little League for, yet we cannot do a Fire Station. He noted that the type of response that is experienced in this area by Volunteers which is at the Lakeland Village Fire Station is 50 %. He further noted that the Elsinore Fire Station is all paid personnel and he noted that 50% is better than zero. He further noted the total number of incidents where Volunteers responded from the Lakeland Village Fire Station which is primarily staffed by Volunteers is 615 times and is better than nothing. He stated that we are not talking about the extreme level of Fire Protection in the Western Area; we are not talking about taking funds from the Library and spending it on the Fire Station; we are talking about money that was taken from the residents to build a Fire Station; we are talking about setting a policy with the Fire Chief that if a decision was made to man the Station with Volunteers, would work his butt off to try to do that because that's his job; the Chief would not turn his back on the Fire Station and say "to hell with it, we ain't gonna put anybody in that Station ". He stated that the Chief would work his heart out because that's his responsibility as a Fire Chief. He noted his court cases and stated that he would be on Council long after the others are gone because he knows the system. THE FOREGOING MOTION WAS APPROVED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. THE CITY COUNCIL MEETING WAS RECESSED AT 9:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:22 P.M. 34. Mayoral Election - Requested by Councilman Alongi. (FA4.1) City Manager Watenpaugh stated that Councilman Alongi requested that y PAGE TWENTY -THREE -CITY COUNCIL MINUTES -FEB. 24, 1998 Council consider the position of Mayor be an elected office and be place on the next available election. He asked for Council direction. Mayor Pape called upon those persons who wished to address this item. Chris Hyland, 15191 Wavecrest Drive, stated her support of an elected Mayor. She suggested that the moveInt to elect a Mayor be delayed until after the possible recall in May. James Gray, 15159 Mimosa Drive, stated that if the voters elected a Mayor there would be no fences around City Parks, and the West End Fire Station would be open and operating. He further stated that it is time that the City moved toward the 21 st Century and have an elected Mayor to represent the City of Lake Elsinore, not a situation of "gee it's my turn to be Mayor ". Councilman Alongi stated that in his opinion the public should vote for their own Mayor; that it is time since the Council Policy doesn't work and noted that a new Mayor should be appointed each year to facilitate everyone being Mayor; it would be a good thing for the Community to have an elected Mayor even though the election would cost $30,000; whether the Council approves this item tonight or not, it would make it easy on the citizens if it were approve, however if Council does not the citizens will have to collect signatures to place the item on the ballot. He noted that if this Council is not afraid of electing a Mayor then they should take this action. He further noted that this Council feels that they have a good working relationship and why bring someone else in that they might not be able to work with. He stated that it might be the case or not, however at this point and time it seems as though whoever has control of the Council has control of the position of Mayor and that is not fair. He stated that at the last appointment the positior, of mayor should have gop_e to Mayor Pro Tem Kelley since she was next in line, however any person sitting on Council can be Mayor and it is a matter of politics and it is a matter of selfishness and shows who has the power, and will do what they want anyway. Councilman Alongi stated that the public will understand how this Council feels and they don't want to give you the right to vote for your Mayor. Councilman Metze addressed Mr. Gray and stated that his friends promised the citizens the world and were not elected; they promised parks and fire stations and were not elected. He noted that they did not come close. He noted that this Council is sitting here and making decisions. He further stated that he loves people who make promises that don't have a clue how they are going to deliver. Councilman Metze stressed that this is $30,000 more that these people want to take from the reserves and noted that every item that is proposed would have to come from the reserves and asked when the money runs out and things will have to be taken away. He further noted that these people want to spend all of the reserve money and then what will PAGE TWENTY -FOUR - CITY COUNCIL MINUTES - FEB. 249 1998 happen when there is a lawsuit with a settlement of $100,000 and no reserves to pay for it and stated that it would then have to be paid for by cutting services. He stated that this issue is a dead horse that has beaten to death. He stated that we are a town of 26,000 and noted what is happening in Perris which has a real power problem. He encouraged people to read the papers and then form their opinion. Councilman Metze addressed the issue of recall and noted that "the group" tried to recall of two Councilmembers and asked for the resignation of the other two, however they do not say anything about the Councilman who has been convicted by the FPPC for four violations of the Fair Political Practices Commission. He noted that the Grand Jury handed down indictments of 16 different counts that state willful and corrupt misconduct while in office, and yet they don't say one word about him since he is their champion. He noted that the actions of the other members of the Council have not been in question. Councilwoman Brinley concurred with Councilman Metze regarding an elected Mayor. She noted that an elected office for Mayor occurs in larger communities where they are split into districts and need an elected Mayor and used Los Angeles as an example which needs individual representation. She further noted that the City of Lake Elsinore has five active City Council people who are suppose to be working for the best interests of the community as a whole. She explained that this has been the way that the majority of Council works. Councilwoman Brinley took exception to Mr. Gray's comments regarding the appointment of Mayor and made a review of that meeting. She noted that the conduct of the Council did not lend to his comments. She stated that if the community wishes to have an elected Mayor, then the decision should be up to the community and not Council. She noted that it is their community and their Council and that is what they choose, then this Council will follow their direction. Mayor Pro Tern Kelley stated that this is the second discussion in regard to this issue and explained that when one position is set apart from the others by separate election, it inherently gives that position more power. She explained that if a position is made different it becomes more powerful and is something that is not needed by this City and Council at this time. She stated that she felt that every voter in the City should be voting for Council people that they would ultimately envision as being Mayor who will serve in that position with professionalism and pride. Mayor Pro Tem Kelley noted that other cities have elected their Mayors and have seen the cost of running for that position triple and quadruple and the reason is that all of a sudden that position becomes more powerful. She stated that is the last thing that this City needs and if that's what you are trying to eliminate by electing a Mayor you have just defeated your purpose. She stressed that the voters of this community need to vote for Council people with the idea that any one of them at any point and time would be serving as Mayor. PAGE TWENTY -FIVE - CITY COUNCIL MINUTES - FEB. 249 1998 MOVED BY METZE, SECONDED BY BRINLEY TO DENY THE REQUEST TO PLACE THE ISSUE OF A DIRECT ELECTION OF MAYOR IN THE NEXT POSSIBLE ELECTION. Mayor Pape stated that at this time an elected Mayor would create an us versus them attitude and is not something that builds cohesiveness and helps the City to move forward. He noted a comment that was made regarding a separate elected position for Mayor then the Fire Station would be built and the fences down at the parks and explained that it would still take three votes on Council to get anything done and it doesn't matter what one person on Council thinks no matter what the title, it still takes three votes to get anything done. He explained that it is used in larger cities because of larger population and that way an individual representative has a better opportunity to meet and work with his constituents instead of having so many that it becomes unmanageable. He asked if it made sense to pull $30,000 from reserves when the money could be used somewhere else. He noted that the item presented to Council is not sufficient to allow anything to be placed on the ballot and would have to be brought back before Council and would not even make the June ballot. He further noted that this item is more of a political move and in the past the item has been discussed several . times. Mayor Pape stated that what may appear to be bold and benevolent could also be very self - serving. THE FOREGOING MOTION WAS APPROVE BY A 4 TO 1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE. ITEMS PULLED FROM THE CONSENT CALENDAR 1. Minutes a. Regular City Council Meeting - January 27. 1998. (F:44.4) Mayor Pape noted an error on Page 6 of these Minutes and clarified that the extra funding for additional water should be for the months of June, July, August & September. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES AS CORRECTED. b. Regular Cily Council Meeting - February 10, 1998. (F:44.4) City Attorney Leibold corrected the Closed Session Announcements on the Minutes of February 10, 1998, indicating that there were actually four Closed Session items; with the fourth item reading "Directed Legal Counsel to send a default letter to the lessee of a property, upon non - compliance with an agreement." She further clarified that on Item Number 3, direction was for staff to "pursue" legal action, in accordance with the Brown Act; 0 PAGE TWENTY -.SIX - CITY COUNCIL MINUTES - FEB. 249 1998 and noted that all four items were directed upon unanimous action of the Council. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES OF FEBRUARY 10, 19989 AS CORRECTED. 3. Claims Against the City submitted by Kristopher Martin - CL #98 -3; Anita Porter - CL #98 -4, Kathie Porter - CL #98 -5; Steven Buchanan - CL 498 -6; Bridget Louiza - CL #98 -7. (F:52.2) Councilman Alongi indicated that he pulled this item because all of these claims are the result of potholes in the Community. He questioned the interest the City receives on the reserves in the bank; and indicated that action could have been taken to care for the problem areas. He stressed the Council's responsibility to the Community. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO REJECT AND REFER THE ABOVE LISTED CLAIMS AND REFER TO THE CLAIMS ADMINISTRATOR FOR HANDLING. 4. Proclamation - Mediation Week. (F:122.1) Councilman Alongi indicated that Mediation is a joke with this Council, and it is an absolute joke to see it on the agenda. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MEDIATION WEEK PROCLAMATION AND DIRECT STAFF TO FORWARD IT TO THE REQUESTOR. THE CITY COUNCIL MEETING WAS RECESSED AT 9:39 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:46 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Donna Lucas, announced the first open air market this Sunday, March 1 st and detailed the event as proposed. She detailed the activities being offered from 7 a.m. to 3 p.m. and noted the street closure for the event. She further noted that the weather will be good and the street will be full of vendors and entertainment. She expressed hopes that the Councilmembers would attend. Ace Vallejos, 15231 Cobre, expressed his disappointment with finding out that the City filed an appeal on the Community of Interest. He indicated that it reminds PAGE TWENTY -SEVEN - CITY COUNCIL MINUTES - FEB. 249 1998 him of Saddam Hussain, trying to dictate how they will live. He reiterated his disappointment with the treatment of the Cleveland Ridge COI. He questioned why the City Attorney did not attend the LAFCO hearing, but the City is spending money to have her fight it. He stressed the number of registered voter signatures collected, and suggested that the appeal is a waste of staff time. Chris Hyland, 15191 Wavecrest Drive, indicated that she has been waiting for this moment to address Mayor Pape and Mary Venerable. She suggested that in her opinion they tried to humiliate and slander her. She indicated that the Mayor showed favoritism to those who cater to him, by letting them speak more than three minutes. She commented that she doesn't have to address the City Council, but can address who she chooses. She indicated his problem is that thinks he is a big wheel, but is really a small spoke. She commented that his hours at City Hall and rallies is admirable, but it must take time away from his own business. She addressed Mrs. Venerable who originally came to the Council with a grievance, was appointed to the Task Force and flip- flopped. She indicated that Mrs. Venerable has also slandered her and given misinformation. She indicated that if the information is incorrect then City Hall and other agencies are providing incorrect documents. She noted that she has videotapes of meetings since 1992. She noted her rights under the first amendment. CITY MANAGER COMMENTS City Manager Watenpaugh introduced Bob Brady the City's new, Community Development Director and commented that he is a great addition to the community and staff. He noted the absence of Administrative Services Director Boone, and indicated that Finance Manager Magee was present to represent Finance. CITY ATTORNEY COMMENTS No Comments. CITY COUNCIL COMMENTS Mayor Pro Tem Kelley commented on the following: 1) Reminded the Council and Community about the Chamber of Commerce Mixer on Thursday, February 26th at Chuckles Java Junction. 2) Noted the season opening of girls softball, on Saturday, February 28th at 7 a.m. 3) Announced the Author's Tea at Chuckles for the Friends of the Library. PAGE TWENTY -EIGHT - CITY COUNCIL, MINUTES - FEB. 24, 1998 4) Noted that Visions and Views will be filmed on Main Street on March 1 st; and the Historical Society will have an open house on March 3rd. Councilwoman Brinley commented on the following: 1) Noted a letter from the Office of Traffic and Safety regarding the Grant Program for School Pedestrian Safety. She congratulated City staff on completing the project agreement and congratulated City Engineer O'Donnell on a job well done. 2) Noted Mrs. Venerable's past concerns which were expressed to the City Council and indicated that she decided to bet involved in the Community on the ballot measure issues. She noted that Mrs. Venerable would rather be part of the solution than part of the problem. 3) Reiterated that Visions and Views will be filmed on Main Street on Sunday and include interviews with participants and attendees. She extended an invitation for residents to write to Council with ideas for future programs. 4) Indicated that the Wildomar Little League will be holding a Pancake Breakfast and encouraged participation. Councilman Metze commented on the following: 1) Indicated that Mrs. Venerable stood to pay more than the average resident in the community for her business, if the ballot measures would have passed. He noted that with regard to flip - flopping, Mrs. Hyland was for and elected Mayor in the newspaper, then against an elected Mayor and now again in support of the elected Mayor concept. Councilman Alongi commented on the following: 1) Responded to Councilman Metze regarding Mrs. Venerable's business, and indicated that businesses don't pay the bill, the consumer does. 2) Noted a family trip to Disneyland on Saturday with his granddaughters and indicated that he came to the conclusion that it would be a waste to die of high blood pressure because of what he is doing. He further indicated that he gave it a lot of thought and has come to the conclusion and made a birthday resolution as he did in 1980, that he doesn't give a damn what the Council has to say. He PAGE TWENTY -NINE - CITY COUNCIL MINUTES - FEB. 24, 1998 will do what he thinks is right, will bring forward the information he feels is right; and can afford anything the Council does. 3) Addressed Councilman Metze and indicated that he shows his ignorance; and needs to go to a law library and look at an accusation vs. an indictment. He stressed the difference between criminal and civil matters. He noted that the Council wants to get themselves involved in his case, but he has decided that something is wrong with the Government Code and is answering it his way. He suggested that the Council needs to stop looking ignorant. He indicated with regard to the FPPC it is a Government Code and has nothing to do with crime, unless it involves negligence. He stressed that a decision he made violated that Code, but it is not the business of the Council, and does not impact his ability to perform as a Councilperson. He indicated that he is the most successful person sitting on the Council. He further indicated that he will still be here in 1999 and he will run for Mayor in 1999. He commented that the City should be divided into Districts. 4) Addressed Mayor Pro Tern Kelley regarding her concerns about the Council and voting. 5) Noted that the Mayor says not much thought was given to the item regarding the Mayor's position discussed; and suggested if he had placed it on the regular agenda rather than Study Session there would have been more time for analysis. He indicated that the Councilmembers use the City Attorney to do things they themselves know are wrong. 6) Addressed Roberts Rules of Order, and indicated that the Council only abides by those rules which are beneficial to them. . 7) Addressed the Outflow Channel and noted efforts to buck the system on Reclaimed Water. He noted the junk being deposited in the Lake today and suggested that efforts should be focused on trying to find legislation in Sacramento which would allow for an assessment on the people dumping junk in the Lake. He stressed that if the rains continue there will be flooding and questioned why it would not be appropriate to open the levee and let the water go into the back basin where it belongs, although it won't look good for Liberty. . 8) Addressed comments regarding the Redevelopment Agency, and indicated that the problems are from paying someone else's bills. He noted the sewers in the Amber Ridge Tract and stressed problems in the Gunnerson/Strickland area with septic. He stressed that the funds should be used within the Redevelopment Project Areas. U PAGE THIRTY - CITY COUNCIL MINUTES - FEBRUARY 24, 1998 9) Questioned why is the RDA is representing the Stadium, when the City has more money invested. He further questioned whether the City is any less responsible. He inquired where development is taking place, what happened to the Water Park and the Racetrack; and where all the taxes are coming from the pay the bills. He indicated that if development were to start today, it would be three years before the City would see a dime from any of the taxes. He reiterated that he is just going to give the information whether people believe it or not; and he could care less what the rest of the Council has to say. He indicated that he will beat the accusations one by one. He reiterated that he will still be on the Council in 1999, but the Council is too dumb to understand the system; and expressed doubts that Jay Orr had figured it out either. He indicated that in the future he will get an "A" in conduct. . 10) Indicated that it is a shame about the fire station, but that is how the Council justifies putting the residents in danger. 11) Addressed a statement by Councilman Metze, that because ... Mr. Alongi has money, he will rob you of your rights. He questioned if it was a crime to have money and rights. He indicated that people with money who can afford an attorney fight the system; but Councilman Metze would rob people of their rights because they have money. He noted that he is willing to invest every dime he has, but he wants one person to say he has gained from his work in the community and show him where he did so. He commented that he is proud of his efforts to provide housing. He reiterated that from here on, Mr. Alongi will be absolutely wonderful. He thanked staff, for their efforts on Saturday and Sunday nights in the rain. He indicated that the City has a great staff out there, and they are dedicated employees working to keep the roads safe. Mayor Pape commented on the following: 1) Congratulated Administrative Services Director Boone and his staff for and award on outstanding financial accounting and offered kudos to finance staff. 2) Noted for the sake of Mayor Pro Tem Kelley that the term she used was "inherent ", not intelligent. 3) Noted the comments regarding LAFCO and indicated that there is no interest in annexing anyone who does not what to be annexed. He stressed that it is completely up to the residents. He commented that he has no more authority than any of the other Councilmembers and it always takes three votes to accomplish anything. 4) Indicated that there is a difference between "indictment" and "accusation ", but it is easy to confuse the two words, as Councilman Alongi did during the grand jury discussion. He suggested that when there is discussion of corruption in office there is no sense in splitting hairs. He stressed that there has been a violation of the Civil Code, and Councilman Alongi's admission makes it an easy job for the District Attorney. CLOSED SESSION a. Anticipated Litigation - 1 Case (Pursuant to Government Code Section 54956.9(b)) City Attorney Leibold announced the Closed Session case and the related authority. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:15 P.M.. COUNCILMAN ALONGI LEFT THE MEETING AT 10;17 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:34 P.M., WITH THE FOLLOWING ANNOUNCEMENT: THE FOUR COUNCILMEMBERS PRESENT UNANIMOUSLY DIRECTED LEGAL COUNSEL TO RESPOND TO CORRESPONDENCE IN CONJUNCTION WITH AN ITEM OF ANTICIPATED LITIGATION. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT .35 P.M. VIN W. PA E, MAYOR CITY OF LAKE ELSINORI T Tc1 /d c ICKI KA /SAD, TY CLERK CITY OF LAKE ELSINORE " MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 10, 1998 CALL TO ORDER 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 Councilman Metze. INVOCATION The Invocation was provided by Pastor Joe Rivera, representing Pressing on Faith Ministry. 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 Development Director Brady, Community Services Director Sapp, Assistant to the City Manager Best, Police Chief Walsh, City Engineer O'Donnell, Public Works Manager Payne 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. 4, 21 and 22. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for f4raier discussion U PAGE TWO - CITY COUNCIL MINUTES - MARCH 10, 1998 and consideration: Item Nos. 4 and 7. City Manager Watenpaugh noted that Item 7 will probably be back for consideration on May 24th. 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. Joint City Council/Redevelopment Agency Study Session - January 20, 1998. b. City Council Study Session - February 12, 1998. (F:44.4) The following Minutes were received and ordered filed: C. Planning Commission Meeting - February 18, 1998. (F:60.3) d. Design Review Committee Meeting - February 18, 1998.(F:60.4) 2. Ratified Warrant List for February 27, 1998. (F:12.3) 3 Received & Ordered filed the Investment Report for January, 1998. (F:12.5) 5. Authorized Declaration of Weeds, Rubbish, Refuse and Dirt as a Nuisance - Notification to Property Owners and Adopted Resolution No. 98 -4. (F:166.1) RESOLUTION NO. 98-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND 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 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. PAGE THREE - CITY COUNCIL MINUTES - MARCH 10, 1998 6. Approved Final Parcel Map 28712, subject to the City Engineer's acceptance as being true and correct and acceptance of all dedications at time of recordation; authorized the City Clerk to sign the map and arrange for recordation. (F:110.2) 7. (This item was pulled from the agenda, to be scheduled at a later date). Set Public Hearing date of March 24, 1998, for the following: a. General Plan Amendment No 98 -1 and Zone Change 98 -1 - Rancon. A request to change the General Plan Land Use Designation and Zoning of approximately 9.11 acres (APN 373- 071 -018) from Medium High Density Residential to General Commercial land use and from R- 3 (High Density Residential) Zoning to C -2 (General Commercial) Zoning. (F:83.2)(X:172.2) APPEALS 21. Appeal of Planning Commission Action (Condition #15) Conditional Use Permit 97 -9 - Golf Driving Range. (F :21.1) City Manager Watenpaugh noted that this is an appeal of Condition #15, for which the applicant is requesting a waiver of the fee required for street improvements. He noted that the Municipal Code would require street improvements upon renovation of the existing buildings. He suggested that since this is a temporary use, the fees could be reevaluated at five years. He recommended approval of the requested waiver. Dean Patterman, representing the applicant, reiterated that the project is proposed as a temporary use and they feel that the fees are not necessary at this time. He noted that the ultimately developer would be responsible for the required improvements. Susan Hori, 19100 Von Karman, Irvine, submitted a letter for the record on behalf of TMC Communities and noted that the purpose of letter was to ensure that any project would be developed and implemented consistent with the specific plan. Leroy Tucker, 3532 Cherry Blossom Lane, noted that he is a golfer and stressed the need for practice facilities in the area. He indicated that this was a good area for a driving range and he would like to see it approved. Councilwoman Brinley noted that since this is just a temporary use, she could see allowing the applicant to proceed without paying the fees at this time. She indicated that she would like to see the addition of a condition to replace the current Condition No. 15, so that when he comes back at the end of five years, that there is a requirement for half or the total of the fees at that time. PAGE FOUR - CITY COUNCIL MINUTES - MARCH 109 1998 She indicated that this would be a safety net for the City, and after five years a project tends to be more permanent. Councilman Alongi inquired what would happen if this project was approved for five years and Liberty decided to start this area in three years. He questioned if this Conditional Use Permit can be voided. City Attorney Leibold indicated that Condition No. 2 provides that if there is earlier activity that would conflict with this use, the Community Development Director has the authority to pull the permit. Mayor Pro Tem Kelley indicated that she has no problem with this approval since it is a temporary use. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO WAIVE THE FEES FOR THE FIRST FIVE YEARS, WITH THE CAVEAT THAT AT REQUEST FOR EXTENSION THE FEES WOULD BE WORKED OUT AS APPLICABLE AT THE TIME. City Attorney Leibold clarified that after the first five years there would be annual renewals up to a maximum of five years. 22. Appeal of Design Review Committee (DRC) Action on Febru= 4 1998 for 201 N Main Street Change of Sign Face, Request for "Church of Christ". (F:21.1) City Manager Watenpaugh highlighted this request and explained the prior approvals for a church. He noted that the sign was originally approved for repairs which did not occur and the sign was not grandfathered in. He indicated that the Planning Commission is recommending that the sign be brought into compliance rather than allowing the sign face to be removed. Chris Pederson, Temecula resident, indicated that in the discussion they did not know what was going on, but it did appear that a major concern of the Design Review Committee was the disrepair of the existing sign. He suggested that it was a very unfortunate misunderstanding, but from his knowledge the sign was always in good repair. He noted that they have already expended about $1,000 for new sign faces; and indicated that they are willing to accept any compromise such as a limited time, non - illumination, etc. He noted discussion by DRC regarding the potential of it being used for advertising, but that is not the intended use. He advised that they do not participate in any secular activities, provide food or shelter, or even hold potlucks in their building. He stressed that they plan to be good neighbors and requested further consideration. Councilman Alongi questioned when this group purchased the church and whether they ever applied to occupy it as a different church. Mr. Pederson indicated that they did a considerable amount of investigation prior to PAGE FIVE - CITY COUNCIL MINUTES - MARCH 10, 1998 purchasing the building. Councilman Alongi inquired who told them that the existing permit went with the building. Mr. Pederson indicated that it was either Senior Planner Villa or another staff member. Councilman Alongi inquired whether the sign was an issue at that time. Mr. Pederson indicated that it was not a major issue at that time, but they were told that proper lettering would be required. Councilman Alongi questioned the timing of obtaining a permit from DRC. Mr. Pederson indicated they had the sign made, but did so before they had approval for the new sign. Councilman Alongi inquired why they felt it necessary to have a sign of that size and why they need to advertise. Mr. Pederson indicated that it was not viewed as a particularly large sign, but merely the place for the sign. He stressed that the sign had the old church's name on it. Councilman Alongi inquired if when the application was made to DRC, they submitted any drawings of the facade and sign. Mr. Pederson indicated he didn't believe they did, but there was a report from a private application which described the landscaping in some detail. He noted that an application was in file from a prior request. Councilman Alongi expressed concern that type of sign was not grandfathered in. Mr. Pederson indicated that he was not certain what "grandfathered" meant. Councilman Alongi clarified the term. Councilwoman Brinley questioned Community Development Director Brady and requested assurance with regard to how the process would proceed. Mr. Brady indicated that the owner of the sign would be given the opportunity to remove it, and if it is not removed the City could abate it and have removed. Councilwoman Brinley indicated that since the sign is not grandfathered, she would like to see it conform with the Overlay District. She suggested that the sign appears to be a commercial sign and does not fit with the design for the area. She concurred with the Design Review Committee comments on this sign. Mayor Pape inquired whether the Committee received the same information provided to Council. Community Development Director Brady confirmed. Mayor Pro Tent Kelley noted the downtown design standards and stressed the importance of maintaining those standards and stressed that this was a non - conforming sign to begin with. She further stressed the need to stick with the standards as set. Mr. Pederson noted the material provided by staff which says in the analysis that it was grandfathered in. Councilwoman Brinley stressed that the sign was never grandfathered in. City Attorney Leibold noted that as she understands the free - standing sign was determined to be a legal non - conforming use when the standards were adopted; however if the face of the sign is changed then the legal non- conforming status is revoked and the sign must comply with the most up to date standards. Community D- ,ve ?opment Director Brady confirmed that this was the case. Councilman Metze indicated that he would like to see both signs brought into PAGE SIX - CITY COUNCIL MINUTES - MARCH 109 1998 conformance with the Overlay District standards. He noted other signs which should be addressed as well, and stressed the importance of holding everyone to the set standards. He noted that it would have really helped if a business license had been obtained, so they could have been advised of the requirements in advance; and indicated that he believed a letter was in the mail. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO DENY THE APPEAL FOR THE CHURCH OF CHRIST SIGNAGE. BUSINESS ITEMS City Manager Watenpaugh noted the City has been involved in this Grant process for quite some time and has received approval of grant, awarded for $40,000. He explained that the item before Council is a request to approve the low bid and authorize staff to expend up to the $40,000 for additional equipment as necessary. He requested Community Services Director Sapp to address the item. Community Services Director Sapp introduced Sergeant Paul Brinkman, the new Sergeant in charge of Lake Patrol and noted that Sergeant Brinkman is a certified diver with a great deal of experience. Sergeant Brinkman thanked Council for the opportunity to speak and presented an overview of what has been done to date. He stated that he began his career in Lake Elsinore in 1976, on patrol; has been on two target teams; and detailed his career with the department. He stressed that Lake Elsinore is home for him and that he has been working with the Coast Guard Auxiliary to provide more patrol and protection on the Lake. Sergeant Brinkman stressed the need for volunteer eyes and ears and is also working with LEMSAR. He stated that it is his hope that all law enforcement will be scuba qualified in the City to allow for everyone to respond correctly. He indicated that he is working on another state grant for a large pontoon boat for use in Search and Rescue, evacuation and Lake maintenance. He noted that he is also working with State agencies to promote the Lake. Sergeant Brinkman stated that he is looking forward to working with Council. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BID FROM ALUMAWELD IN THE AMOUNT OF $329792.00 FOR THE PURCHASE OF A PATROL BOAT AND AUTHORIZE STAFF TO SPEND UP TO THE GRANT AMOUNT OF $40,000 ON STATE APPROVED CHANGE ORDERS THAT MAY OCCUR DURING THE PATROL BOAT'S CONSTRUCTION. 32. r.. .. . ..I * ! - - Mayor Pape noted that the City received a letter requesting that the Council PAGE SEVEN -CITY COUNCIL MINUTES - MARCH 10, 1998 appoint a representative to the Committee to discuss issues and options for the proposed Education Park. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPOINT MAYOR PRO TEM KELLEY TO THE TMC EDUCATION PARK COMMITTEE. Mayor Pro Tern Kelley accepted this appointment. ITEM PULLED FROM CONSENT CALENDAR 4. Claim Against the City - Fernando & Sandra Frausto - CL #98-8. (F:52.2) John Seepe, 15631 Half Moon Drive, noted that at the last meeting Councilman Alongi made a commitment to the community and it was received with open arms. He noted discussion at the last meeting of public safety, and suggested that the words fell on deaf ears. He commented that the Council was "unfortunately" appointed as the guardians of the City, and noted recent comments by the Mayor to Wildomar and Cleveland Ridge. He questioned why the City would challenge the COI status and stressed that the residents expect public safety, pothole repair, etc., but the Council is more concerned with annexing more property. He indicated that he would like to see a higher level of services provided for existing residents. He suggested that the Council take down the fences, fix the roads, belly up to the responsibilities for the roads and take care of that first. Mayor Pape indicated that he was not certain how these comments applied to the agenda item, but stressed that no annexation can occur without resident approval, the fences are down at the parks and as soon as the rain stops there will be some major road repairs done through the spring and summer. He further stressed that permanent road repairs can not be made while it is raining, noting that every other city also has potholes in the rain. Councilwoman Brinley questioned the legal procedures with this type of claim and the process. City Attorney Leibold noted that the standard procedure is to send Claims to Carl Warren and they make the recommendation which is presented to the City Council; and the recommendation stands for the Insurance Authority and Adjuster. City Manager Watenpaugh noted that a contractor will be out fixing potholes the next three days, but commented that there can be problems during heavy rains. He advised that park fences are now down or coming down and being relocated. He pointed out that the School District required that the fence be reinstall at Terra Cotta to secure their campus. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO REJECT AND REFER THE ABOVE LISTED PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 10, 1998 CLAIM TO THE CLAIMS ADMINISTRATOR FOR HANDLING. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:45 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:49 P.M. PUBLIC!COMMENTS - NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, questioned why Clairmont Research, which is TMC's Public Relations firm is involved in our Library. She noted a meeting which was held in January, hosted by Clairmont Research and the citizens of the area of TMC Development regarding the telecommunications affects of the Liberty Project and further noted a letter which addressed a Magnate School System proposed for the Liberty Project. She read a portion of the letter and asked when they will be moving into City Hall. She also read portions of a letter from CalTrans addressing the Liberty Project and the denial of their requests that were presented and she noted that FEMA is not going to lower the minimum elevation below 1260'. Ms. Hyland noted that the letter from Cal Trans required submittal of the current Specific and Grading Plans for the entire back basin to insure that the back basin storage capacity is maintained. She summarized by saying that she want the public to know that TMC may be in a little bit of trouble. Jim Gray, 15159 Mimosa Drive, noted the amount of people at Summer Lake Park and stated that he felt that the Council has been holding the citizens hostage for the last seven months to gain higher taxes. He noted that the activity in the parks shows that there is money for the parks and now that the Agreement has gone in for the Stadium there is now money for the West End Fire Station. He stated that in his opinion the Library is not going to have the necessary costs met to move into the Wells Fargo building for $150,000. He noted that it will cost more line with $300,000 and cautioned Council to be very careful of the bids and how the project is handled. Lee Bowen, 17445 Sunnyslope, noted that he has purchased property in Country Club Heights and did a lot merger to facilitate building and now find that they are required to deed a street easement of ten feet and explained that the septic lines would have to be located in that same ten feet which would prevent them from building since to relocate the leach lines would place them too close to the proposed home. He stated that the only way to resolve this issue is to come before Council and request a waiver which will be placed on City Council Agenda in two weeks and asked that Council consider approval. Lauri Breveleri, 32485 Ortega Highway, stated that she has lived in the Lake Elsinore area for the last three and one -half and feels that she has lost all that she has had due to lack of cooperation of the law. She further stated that she has a briefcase full of violations against the City. She explained that she is in serious PAGE NINE - CITY COUNCIL MINUTES - MARCH 10, 1998 trouble and is tired of being pushed around due to lawlessness. She noted that the Constitution of the United States, clearly states that when any form of government fails to do it's job it is the right of one person to abolish or alter the government. Ms. Breveleri stated that either the City Council will speak to her like a human being and quit treating her like some low life scum bag or she will take action. She fiuther stated that the duration of her stay in Lake Elsinore will be spent on correcting a system gone wrong. She noted the Meeting where Councilman Alongi was removed from the dias and reminded Council that a house divided is a house fallen and this should be addressed. She stated that she wants to make Lake Elsinore a better place for our children and for people like her who did not deserve the unjustified destruction of herself as a human being. She stated that she expects one or more of Council to contract her so that she can get her situation straightened up. She stated that she is putting this in God's hands. John Langdon, 32400 Racquet Club Way, representing Serenity Housing Tract, stated that on February 10, 1998, his Father submitted 82 signature, signed by the residents of Serenity opposing the development of the Motor Cross Park. He stated that it has come to his attention that the project had already been approved on February 2, 1998. He asked why they were not notified and told prior to February 10, why this was not passed and clearly shows wrong doing on the part of the City. He asked if there has been an Environmental Impact Report and asked for a copy. He noted the future plans of the Liberty Housing Tract and asked how well Council thinks the homes will sell if they are located near a Motor Cross Park. He asked for a response to his requests on behalf of Serenity Homes. CITY MANAGER COMMENTS City Manager Watenpaugh advised that the Manufacturer's Council will be hosting their meeting at the Diamond Stadium, March 11, 1998, at 7:00 a.m. He noted that the Inland Empire is recognizing the corridor in Lake Elsinore and the amount of activities taking place in our community. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1. Advised that she will be announcing closed session topics at a later time. 2. Addressed the Moto -Cross project and noted that it is only an interim use until future development occurs; with the terms being three years or until the issuance of a building permit for the model homes for the Liberty Tract. CITY COUNCIL COMMENT Mayor Pro Tem Kelley commented on the following: PAGE TEN - CITY COUNCIL MINUTES - MARCH 10, 1998 1. Noted the Wells Fargo Bank Building was purchased by the County of Riverside for $310,000; the County is working in partnership with the City; the City's part is the $150,000 that is in the Library Account which has been collected through developer's fees specifically for the Library; the money from the City will be used to bring the building up to code and to remodel it to facilitate the Library use. She stated that at this time the City is negotiating with the County since the City would like to own the building and should the City purchase the building from the County, the City will use future mitigation fees to make payment. She stated that if the County retains ownership, then the City will be a partner with them. Councilman Metze commented on the following: 1. Requested staff to schedule a Study Session to address the return of the Water Task Force to deal with water shed and water quality issues. He stated that at that time goals and objective will be presented to Council and the Water Task Force. He noted that it is time to address these issues. Councilman Alongi commented on the following: 1. Noted that prior to buying property, it is best to check the area to ascertain the restrictions. He stated that Country Club Heights is a very difficult area to build in and that is the reason why so few build in that area. He stated that the restrictions are not necessarily from the City, but from the County and State as well. He explained that in his opinion, when the Council starts to approve variances in that area he feels that it will put the City in a bad position since one variance leads to another and before you know it there will be substandard building in Country Club Heights through reducing the minimum requirements. 2. Noted that potholes speak for themselves. 3. Addressed the people who have called him about the Vons Market going in where the Ortega Market is located. He stated that he has talked to the City Manager and he has no knowledge of it. He asked that he not receive anymore calls about the Vons Market. 4. Noted the statements that the City cannot use the Library Funds for anything but the Library. He stated that the statement is true, however it is not a statement of truth. He explained that there was well over $300,000 in that account and the City borrowed $200,000 to balance the budget. He further explained that there are areas where the City does shift funds around and this is not saying it was wrong because at the time the City needed it to balance the budget, however there are areas where cities, counties and the State do play games with their PAGE ELEVEN - CITY COUNCIL MINUTES - MARCH 10, 1998 financing. He further stated that it is not wrong, however the governments should be up -front with the people. 5. Addressed USA Properties and noted the quality of the units that are being built. 6. Commented on CFD 88 -3 and noted a tax bill that was given to him by Mr. Davis and of the total amount is $3,200 of which $1,700 is for CFD 88 -3. He noted that the people that live in the CFD 88 -3 have paid their share and have paid for that fire station and it should be built. He stated that it is up to the City to try and figure out how to pay for the staffing. He further stated that it is the responsibility of the City to provide services and not to create reserves because we think something might happen. 7. Noted that there are different ways to interpret laws and stated his surprise that a General Manager of a Cable Company would come to a City Council regarding her concerns. He stated that she could have written a letter to the Mayor or City Manager regarding profanity, however she came to the Council Meeting and lied to the Council and public. He noted Media One's agreement with the City and read from Ordinance 855, page 4, Item T, and stated that in the agreement it does not mean "unless there is profanity" and does not give the General Manager the right to censor nor deny the public the right to view the Council Meeting. He noted that if the public wishes to pay $29 to Media One then it is O.K. to get a smut movie through their service. He stated that it does not bother Media One if children see it then. He stated that he felt that it was irresponsible of the General Manager to come to the Council Meeting and insult the people, when she herself does not know the definition of profanity and what everyone thinks profanity is. He noted that there are certain words that he has never heard come from the podium or the dias. Councilman Alongi stated that if the General Manager of Media One has a problem with the language used at a Council Meeting, then she should use a disclaimer which warns that the program may not be suitable for youngsters. 8. Addressed the Disposition and Development Agreement for Liberty Project and noted that the agreement states that they will get no direct taxes from the City. He noted that all the tax increment from the Liberty Project goes back to pay for the Capitol Improvements. He stated that the money would normally come back to the Redevelopment Agency so that it would relieve the City of it's liabilities and would also allow the City to build the Redevelopment Agency for work that our staff does. He noted that the $1.2 million that the City use to get, we don't get anymore, therefore our parks, police and fire services suffer because the City can't get reimbursed PAGE TWELVE -- CITY COUNCIL MINUTES - MARCH 109 1998 from the RDA. He noted that the RDA doesn't have the money because we keep giving it away. He noted another area of the DDA which allows Liberty to use City property to guarantee improvements. 9. Thanked staff for the repair job on the alley behind the Texaco Station. He stated that he received compliments from the people in the area and he does appreciate that. Councilwoman Brinley commented on the following: 1. Addressed Mr. Gray's comments regarding the parks being held hostage and stated that it was never at any time the intent of Council to hold the parks hostage to keep our children from playing to raise taxes. She noted that Council had to look for new sources of revenue due to the loss of funds from the Lighting and Landscaping District. She noted the efforts of Council to free up money to reopen the parks and now Council can implement their plan with the Agreement from the Stadium. She noted that the parks will not be able to be maintained as they were in the past, however the City is doing the best that they can with the funds available. 2. Addressed Ms. Breveleri's comments and stated that the issues that she presents should be addressed at the County level since the City has no jurisdiction in her area. 3. Addressed Councilman Alongi's statements regarding the actions of the General Manager of Media One and noted that it was stated by the General Manager that Councilman Alongi has the right to free speech, however Media One reserves the right not to broadcast the program if it is found to be offensive and profanity is offensive. Councilwoman Brinley stated that there is nothing in the Franchise that states that any Member of Council has the right to sit at the dias and swear at the community or allow that type of language to go to their homes. She stated that what the General Manager was doing was exercising her right to deny service to prevent the broadcast of profanity. 4. Thanked the Chamber of Commerce and the Down Town Business people for the Open Air Market that was held on March 1. She noted that there were over 2,500 people and noted the sales. She stated that it was a great day. 5. Stated that the Chamber of Commerce is sponsoring the Circus and gave an overview of the activities that will be presented. She encouraged everyone in the community to attend. She stated that for more information call the Chamber of Commerce for date, time and price. Mayor Pro Tem Kelley stated that it is on Saturday, April 18, and the City will be filming Visions and Views. PAGE THIRTEEN - CITY COUNCIL MINUTES - MARCH 10, 1998 6. Announced that the Chamber will be holding a Monte Carlo Night at the Diamond Stadium on Saturday, March 28, 1998, at 7:00 p.m., $15.00 a person which includes 100 free chips and hors d'oeuvres. Mayor Pape commented on the following: 1. Commented on the Opening Ceremony for Girl's Softball two weekends ago and Little League Grand Opening last weekend. He noted that it was a lot of fun and good to see the children on the fields making memories that will last a lifetime. 2. Noted that it is time for weed abatement and reminded the property owners in the City that they have until May 4 to clean and abate weeks. He stated that if the City does the abatement there is an administrative fee of $250. He further noted that it is less expensive if the property owners do it themselves. He stated that due to the rains this year the weed have had a head start and asked that it be addressed as soon as possible to prevent fire problems. 3. Noted that the Parks are open and in use by the various youth sports which was made possible by the Stadium Agreement. 4. Commented on the girl injured and noted that when she goes back to school the parents should feel more secure due to the location of the ambulance /paramedics to Terra Cotta Middle School and their ability to respond to that site since they are located near four comers. 5. Responded to comments regarding Media One and the use of profanity at City Council Meetings. He stated that it is embarrassing and the public is entitled to have a "G" rated City Council Meeting and Council. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPAI ED LIThiATI, 1i (Initiation of litigation pursuant to subdivision ( c ) of Section 54956.9 (1 Case). b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision ( a ) of Section 54956.9): Koliber vs. Elsinore Valley MWD, et al - Case #217976 Harvey & Page, et al. vs. Elsinore Valley Municipal Water District, et al. - Case 215768. City Attorney Leibold announced the above listed items for discussion in closed PAGE FOURTEEN - CITY COUNCIL MINUTES - MARCH 10, 1998 session.. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:25 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:55 P.M. WITH THE FOLLOWING ANNOUNCEMENTS: A. LEGAL COUNSEL REVIEWED THE STATUS OF THE CITY'S REQUEST FOR RECONSIDERATION OF THE LAFCO DESIGNATION OF CLEVELAND RIDGE AS AN UNINCORPORATED COMMUNITY AND COUNCIL DIRECTED THE CITY ATTORNEY, BY A VOTE OF 4 TO 1, TO ATTEND THE LAFCO HEARING AT WHICH THE ITEM IS TO BE HEARD. (F:52.1) B. SPECIAL LEGAL COUNSEL PROVIDED AN UPDATE ON THE LITIGATION AND THE COUNCIL UNANIMOUSLY DIRECTED LEGAL COUNSEL AND THE CITY MANAGER TO PURSUE SETTLEMENT NEGOTIATIONS. ADJOURNMENT MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:58 P.M. VIN W. PA E, MAYOR CITY OF LAKE ELSINORE ATTEST: r VICKI KASAD, CITY CLERK CI'T'Y OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 17, 1998 CALL TO ORDER The City Council Study Session was called to order by Mayor Pape at 3:11 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Kelley. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: ALONGI Also present were: Assistant to the City Manager Best, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Assistant City Attorney Mann and City Clerk Kasad. DISCUSSION ITEM A. Economic Development Plan. (17:70.1) Assistant to the City Manager Best noted that staff would like to start with a very brief overview of the last two hour session on Economic Development. Lee Hanson, Associate Professor of Management at Cal State University, San Bernardino, noted his past visits to the area and indicated that Lake Elsinore reminds him of California in 1955. He addressed a handout on Economic Gardening and detailed its contents. He compared the definition of Economic Development in 1942 to the current definition. He stressed the past efforts to recruit business from outside the Community and contrasted it with the Economic Gardening approach of assisting existing local businesses and entrepreneurs. He indicated that the 21st Century will be a world of high technology, high income entrepreneurship. He fiurther indicated that the Inland Empire is seeking to pursue Economic Development via technology transfer from the Universities. He encouraged the City Council to allow the Community to become a demonstration project for establishment of an Economic Gardening Program, noting that the larger aim is to launch this process in other communities as well. He detailed the priorities for an Economic Gardening Program and presented slides portraying an Economic PAGE TWO - STUDY SESSION MINUTES - MARCH 17, 1998 Gardening Strategy for Lake Elsinore. He suggested that the vigorous pursuit of this program would greatly assist in the promotion of local businesses. Assistant to the City Manager Best noted a second handout and indicated that the Council just received the document, which is a draft agenda report for the next City Council Meeting should the Council choose to move forward with the program. She highlighted the definition of Economic Development and the perspective the staff would like to implement. She next highlighted the need for change in assisting local industries, and noted the Economic Action Plan presented in the packet. She indicated that shifts need to occur statewide and suggested the City address those shifts and participate in them. She indicated that staff would like to see support of regional efforts in the Inland Empire, as well as initiation of a grass roots effort through the Chamber of Commerce. She commented on the impacts of area demographics on the ability to draw additional services, and encouraged participation in the process. She advised that staff has become aware of a number of businesses in the area with a large potential for growth, and suggested flexibility in the program to make it work better. She indicated that staff would like to see Council consider a new motto for economic development purposes. Mayor Pape questioned suggested new mottos. Ms. Best indicated that there are no proposals yet, as staff is seeking Council input. She stressed the need to establish a better system for tracking business activity, to pull together relevant statistics. She indicated that the City of Temecula is heavily pursuing the ability to have a regional center in their community, but noted the potential for an "Incubator" site in the City of Lake Elsinore and detailed the services which could be provided by such a facility. She suggested that the focus be the quality of life factors and the potential for drawing services to increase conveniences for the residents. She also highlighted,an existing business attraction effort in the City of Corona. Assistant to the City Manager Best stressed the need for coordinated efforts to get to know the business people. She noted the Redevelopment Agency goals and applicability of this proposal to those goals. She indicated that staff would like to reinstitute a Mortgage Assistance Program, and detailed ongoing efforts to address business vacancies. She commented that Temecula and Corona both have strong economies and staff would hope to draw on those; and noted phone calls being received from potential businesses. She highlighted the grass roots efforts by the Chamber of Commerce and assistance being requested from the County Board of Supervisors. She indicated that the City is looking at a $30,000 study, and expressed hopes for funding from the County. She noted that the City is nearing funding for the housing element through the C.D.B.G. program. Mayor Pape questioned whether the survey would be the first step in the Gardening effort. Ms. Best confirmed and indicated that some of that information will be used to solicit like businesses from other areas. She PAGE THREE - STUDY SESSION MINUTES - MARCH 17, 1998 noted an existing small business cluster who is trying to foster that type of growth, and stressed the potential for pooled resources to obtain more opportunities to bid with larger companies. Councilwoman Brinley indicated that flexibility was fine, but stressed that she would not want the guidelines to be too loose. She further indicated that she would be looking for a monitoring system to back up staff. She questioned if this would be pursued as a Tri- Valley effort with Murrieta to band the valley together. Ms. Best confirmed that would be the intent. Councilwoman Brinley further questioned the monitoring system. Ms. Best indicated that staff hopes to make more people aware of the needs and stimulate support for the effort. Councilman Metze noted that he is all for the flexibility, but the majority of problems has been with the huge projects. He requested clarification of the efforts of "Lake Elsinore Connections" and the "BDC ". Ms. Best explained the Committee. Councilman Metze indicated that while it might be narrow- minded, he wants to see the cities of Lake Elsinore and Canyon Lake band together and suggested that it is vital that Lake Elsinore Connections do something similar. He stressed the importance of everyone agreeing to buy into the same thing. Ms. Best concurred and indicated that the Connections group traditionally looks at regional efforts in the Lake Elsinore Unified School District area. Councilman Metze stressed that Canyon Lake would be vital to the program, as it is a complimentary situation. Councilwoman Brinley concurred. Mayor Pro Tem Kelley indicated that a global approach is more powerful, and noted the potential for workforce training. She further noted the potential for use of distance learning, but stressed the need for more information on what materials will be needed in the future. Ms. Best indicated that will be done, but stressed that it is based on finding out what is needed and what industries to address. Councilwoman Brinley addressed the global effect, but stressed the need to address local issues, suggesting that the Tri- Valley approach will be more attractive to local residents. Mr. Hansen addressed the IE -21 program and its applications to this situation; and stressed the need to get a handle on interested Pacific Rim businesses. He expressed hopes that within a year or so there will be a more coherent picture of how to encourage companies to come to the local area. He noted interest in pushing the export opportunities, and suggested that regret will be felt with regard to the loss of rail service to the area. Mr. Hansen indicated that if the valley was an export zone there would be more participants, making it more powerful. Mayor Pro Tem Kelley questioned the intent of the survey. Ms. Best clarified PAGE FOUR - STUDY SESSION MINUTES - MARCH 17, 1998 the initial survey to be presented and noted that pre -calls will be made so businesses will be expecting it. She provided examples of the types of questions proposed for the survey including the need for training, types of businesses and quality of life issues. She indicated that the first intent is merely to get responses, while future surveys will be more face to face with more follow through. She stressed the need for a friendly approach with initial surveys. Councilman Metze suggested follow -up phone calls; and offered kudos to the Lake Elsinore and Canyon Lake Chambers of Commerce for their work to date. Councilwoman Brinley questioned whether staff would be assessing how to rebuild and revitalize shopping areas. Ms. Best concurred that there was potential for elimination of blight. Councilwoman Brinley stressed the areas needing improvement. Mayor Pape inquired based on the improving economy and being business friendly if Mr. Hansen would concur that most entrepreneurs just want to know the requirements and are not so much looking for handouts. Mr. Hansen confirmed and noted that generally businesspeople will look at a set of cities and not go too far beyond that set. Councilman Metze noted the discussion of assisting by having all entities in the area get together and express what will be expected. He indicated that he would like to see that followed up. Ms. Best responded that it is already happening in many of the companies and staff is meeting with them are just testing the waters; so businesses request a meeting and lay the issues on the table requesting up front discussion about the areas of flexibility. She stressed the interest in empowering line and front staff to address specific projects and detailed the proposed process for up -front review. Mr. Metze noted the problems which occurred between Lake Chevrolet and the Water District and stressed the importance of working with all of the agencies to make the process a reality. Fred Francia, Regional Manager for The Edison Company, indicated that he was present to show that Edison will be an active participant in this program. He noted that they are a common stakeholder via their participation in Lake Elsinore Connections; and stressed their physical investment and participation. He complimented the community and City staff for their efforts. Councilman Metze thanked Mr. Francia for his participation in this effort. Larry Regis, Chairman of Lake Elsinore Connections, noted their efforts over the last six or seven months which came about because people wanted to be part of what is taking place in Lake Elsinore. He indicated that the Community must next perceive a change, and the Community as a whole must see that change is taking place. He suggested that the old guard can not exist, as there must be a cohesive front. He applauded the Council and Staff PAGE FIVE - STUDY SESSION MINUTES - MARCH 17, 1998 for the types of things taking place between the Chamber of Commerce, Lake Elsinore Connections, JEEP and the City. He stressed that he is hearing the name Lake Elsinore, which was once an unknown, as a forerunner for this pilot program. He encouraged the Council to approve the plan as presented, noting that there are 80 volunteers ready to do the follow -up on the survey. ADJOURNMENT The City Council Study Session was adjourned at 4:30 p.m. Gl� VIN W. P PE, MAYOR CITY OF LAKE ELSINORE A 7FEST: ,VICKI KASAD, CITY LERK CITY 4F LAKE ELSINORE U I MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 24, 1998 ', ' icka'e de atxxkkk * *xkk *xkkot:F at ie �F eF k$ex k9e kdek *kkx:t is at aF a4 a'ekk *k *xk *xxot at �Y x' kne$9ckk *xk CALL TO ORDER s The 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 Councilwoman Brinley. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Administrative Services Director Boone, Assistant to the City Manager Best, Finance Manager Magee, City Engineer O'Donnell, Police Chief Walsh, and Deputy City Clerk Bryning. PRESENTATIONS a. Proclamation - Joe Crognale. (F:120.1) Mayor Pape read and presented a proclamation to Joe Crognale for his service to the City and dedication to the community and wished him luck in his future retirement. Mr. Crognale thanked Council and staff for the recognition. PUBLIC COMMENTS - AGENDIZED ITEM Requests were received to address the following items and deferred to those discussions: Item Nos. 32 & Closed Session item c. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: PAGE TWO - CITY COUNCIL MINUTES - MARCH 24, 1998 Item No. 7 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 - February 24, 1998. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - March 4, 1998. (F:60.3) C. Design Review Committee Meeting - March 4, 1998. (F:60.4) 2. Ratified Warrant List for March 13, 1998. (F:12.3) 3. Rejected and referred the Claim of Michael K. Bibbins - CL # 98 -9, to the Claims Administrator for handling. (F:52.2) 4. Approved the proclamation for National Records and Information Management Week, and directed staff to transmit to requestor. (F:122.1) 5. Approved the program revisions for the Korn Memorial Scholarship Program and authorized staff to proceed. (F:56.2) 6. Adopted Resolution No. 98 -5 setting the speed limits on Flint Street, Lincoln Street, Minthorn Street and Strickland Avenue. (F:152.1) RESOLUTION NO. 98-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS. 8. Approved setting a public hearing date of April 14, 1998 for Commercial Project 9 -3 and Zone Change 98 -2 - Kentucky Fried Chicken/Taco Bell. (F:58.2)(X:172.2) BUSINESS ITEMS 31 Report on New Library. (17:98.1) City Manager Watenpaugh noted that the County is moving forward and Mr. Stahovich of Supervisor Buster's Office would be giving an update and status of the project at the next meeting. PAGE THREE - CITY COUNCIL MINUTES - MARCH 24,1998 32. Economic Development Strategy. (F:70.1) City Manager Watenpaugh stated that the Council has had several Study Sessions on Economic Strategy, noting that there have been several minor changes on the program; and asked Assistant to the City Manager Best to address the changes. He further noted that the City has a program for the first time and urged Council to support and adopt this program to be placed in the General Plan to facilitate a strategic plan for future economic development. Assistant to the City Manager Best explained that words have been added into the document to allow monitoring of the project to insure that details do not fall through the cracks. She noted that specific language has been added regarding retail clustering and explained the City's position with regard to that action. She noted that the City does encourage this type of economic development. Mayor Pape recognized Mr. Thomas who requested to address this issue. Tom Thomas, President of the Lake Elsinore Valley Chamber of Commerce, spoke in favor of this action and stated that this provides a great opportunity for local businesses to work with the City, and the advantage of having outside consultants look at the program. He encouraged Council to approve the program for the benefit of the whole City. Councilwoman Brinley asked if the Regional Economic Strategy was included. City Manager Watenpaugh stated that it was. Councilwoman Brinley commented that she does support this program and stated that it insures that our local businesses will thrive; however the point of her question was to include the Region which will affect the economic development of the area. She stated that she supports this project one hundred percent. Mayor Pape noted that the Council has had a Study Session on this project and the City has received a lot of positive press on the issue and he felt that this helps to achieve the projects goal as well. Mayor Pro Tem Kelley commented that what has been evident during the two City Council Study Sessions is that this project generated excitement n and optimism with local businesses. She noted that everyone is excited about the "gardening" effect which will help our local businesses meet their needs and ultimately attract more businesses, especially in the higher wage category. She stated that this is of the utmost importance to the City of Lake Elsinore. She noted that the policy before Council contains elements that encourage partnerships; make the job of Council easier; encourage increased communication; and support of existing and new businesses. Mayor Pro Tem Kelley stated that she felt that this policy has it all and PAGE FOUR - CITY COUNCIL MINUTES - MARCH 24, 1998 applauded the hard work of the Economic Development Committee and the Chamber of Commerce. She further stated that she was delighted to support this project and encouraged the other Councilmembers to embrace and promote this renewed enthusiasm. Councilman Metze concurred with Councilwoman Brinley and Mayor Pro Tern Kelley. He stated that it is important for the community to know that this is a joint effort with the City of Canyon Lake and both Chambers of Commerce. He noted that both entities will be striving toward the same things, but not duplicating. He explained that the effort will be made to pull together and he fully supports this effort. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ECONOMIC DEVELOPMENT STRATEGY AND DIRECTED STAFF TO IMPLEMENT THE PROCESS. ITEMS PULLED FROM THE CONSENT CALENDAR 7. Computer Equipment and Software Replacement and Upgrade Request. (F:65.1) City Manager Watenpaugh stated that the computer system and equipment in City Hall is outdated and IBM will no longer service it. He asked that Finance Manager Magee give an overview of the status of the computer equipment and her proposal. Finance Manager Magee noted that in 1991, the City purchased it's first in -house computer system and explained that the normal life of a computer system is 3 to 5 years. She further explained that the computer system and software needs to be upgraded due to changes in the industry. City Manager Watenpaugh questioned the function of the current AS /400. Finance Manager Magee stated that the AS /400 runs Finance, Business License, Payroll, Cash Receipts, Code Enforcement, Land Management, Building Permits and Planning and Zoning software applications. She noted that the system is so old that IBM will no longer support it and if it goes down the City would have real difficulty restoring the data, if at all. Finance Manager Magee explained that to purchase new software from IBM will cost approximately $15,000; and after consulting several technical people it was concluded that to put that amount of money into our current system is not wise. She noted that the best way to proceed is to purchase a new AS /400, which will come with a new operating system and would cost approximately $30,000 and include training, hardware and software. She further noted that the vendor is willing to provide the equipment at their cost to assist the City. City Manager Watenpaugh noted the two different proposals. Finance Manager Magee explained that most of the personal computers are outdated and at least 5 years old. She noted that a chip can be purchased to increase the speed of the computers, however considering PAGE FIVE - CITY COUNCIL MINUTES - MARCH 24, 1998 the age of the equipment she felt that it would do nothing to extend the total life of the computer itself. Mayor Pape commented on the difference in cost between proposal one and two and noted that there is only about a $15,000 difference between the two proposals. He qlarified the one proposal is designed to place a Band -Aid on the system, and the other proposal is for all new equipment. Finance Manager Magee concurred. Mayor Pape noted that for a little extra the City could have equipment that will last another 4 to 6 years. He noted that although staff could "make -do" with the lesser equipment, he suggested that Council consider Proposal No. 1, since he felt that it was a much wiser use of dollars, and amortized over the life of the equipment will be less expensive and more efficient. He further suggested that instead of pulling the money from the Reserves the City should wait three months and have the equipment delivered to City Hall on July 1 st, to allow this item to be in next year's Fiscal Budget. Councilwoman Brinley clarified that the City would be saving approximately $12,000 a year, since if the City keeps the old system it would require approximately that amount of money for maintenance and replacement. Finance Manager Magee stated that the recommendation for a set -aside for $12,000 a year was to replace and up -grade equipment on a yearly basis. She noted that in the past the City purchased all of the equipment and then did not do much to change it or do preventative maintenance, therefore the $12,000 a year allotment is to replace and up- grade equipment irrespective of which proposal Council chooses. She stressed the necessity of this action and whether we up -grade existing equipment or purchase new this will still be a necessary step to allocate funds in the budget each year. Councilwoman Brinley requested clarification of the use for the money. Finance Manager Magee stated that it would buy equipment and maintenance; and will include copiers, printers, etc. Mayor Pro Tem Kelley stated that she knows how important the computer equipment is and staying up with new technology; however at this time she could not in good faith and conscience approve spending money from reserves when it was not done for the Parks or the Fire Station. She noted that she has a difficult time considering this action. She suggested that this item be held until the next budget period and at that time she would gladly entertain placing it in the budget. i Councilman Metze stated that he concurred with Mayor Pape regarding Proposal No. 1, and asked if the City can wait until July 1st. Finance Manager Magee stated that it has waited for several months while staff was putting these proposals together and things might hold together until July 1, however she is not guaranteeing anything. She suggested the sooner the better since the City's business functions depend on the AS /400. PAGE SIX - CITY COUNCIL MINUTES - MARCH 24, 1998 Councilwoman Brinley stated that at this time she supports Proposal No. 1, however she would like to see this placed in the Fiscal Budget 98/99. Councilman Alongi commented that it always comes down to money and stated that he does not see the difference in doing it now or next Budget Year. He explained that the money in the budget from Fiscal Year 97/98 is going to roll over into Fiscal Year 98/99 and the money will have to come out of the Reserves, no matter when the computers are purchased. He stated that he does not know anyithing about computers, however if staff is telling us that we need computers to conduct business in the City and if it goes down we have a problem, then we are not responding to the need if we do not purchase these items. He noted that the money is going to come from the Reserves anyway, therefore if it's necessary and staff needs the computers, lets get it done before the City has a problem. Mayor Pape noted that it was mentioned that we could move forward and allow staff to enter into a contract and have the equipment delivered on July 1 st, as opposed to ordering on July 1 st, and waiting for delivery. He suggested this as a possibility if Council wishes to speed thing up. Councilman Alongi agreed. Councilwoman Brinley clarified. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE PROPOSAL NUMBER ONE AT AN ESTIMATED COST OF $98,706 WITH THE PROGRAM TO BE ORDERED NOW AND IMPLEMENTED JULY 1; AND APPROVED THE $12,000 PER BUDGET YEAR FOR EQUIPMENT UPGRADE AND REPLACEMENT. THE CITY COUNCIL MEETING WAS RECESSED AT 7:34 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:38 P.M. PUBLIC COMMENTS - NON AGENDIZED ITEMS Tom Thomas, President of the Lake Elsinore Valley Chamber of Commerce, gave an update on the Street Fair and announced that the next one will be held on Sunday, April 5, 1998, opening at 8:00 a.m. He stated that at the last event there were approximately 2,500 people, the vendors were pleased and the businesses downtown did well. He noted that there are 70 vendors signed up for the April 5th, Fair. Chris Hyland 15191 Wavecrest Drive, noted the item on Close Session, item c., Title: Special Projects Director, which caused her concern and asked if this met the criteria of a Closed Session. She stated that she is against using her tax dollar for this position. She further noted that Ron Molendyk is currently serving in this PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 24, 1998 7 position and in the last couple of month the City has paid him $22,000. She stated that the former Mayor Gary Washburn, who was the leading proponent of the Diamond Stadium Deal, works as a consultant for TMC and other projects in the City and that was the corporation that built the Diamond. She quoted an article from the newspaper regarding the building and financing of the Stadium. She further stated that she hopes that every person who lives in the City and is a tax payer will call City Hall and voice their opinion in regard to this position. Ms. Hyland stated that the money for this position could have been used to purchase computers and that is something that should not wait. John Seepe, 15631 Half Moon Drive, asked if Government is too intrusive and whether the people pay too many taxes. He expressed concern that the government does not perform it's basic responsibilities effectively; and questioned if Social Security will be around; if Medicare \Medicaid and Welfare are working well. He reminded the Council that the voters in the State of California voted for a term limit and it was up -held and the only thing that was overturned was the Federal limits and that was a three term limit on Congress. He noted that our current Congressman has served three terms and is running for a fourth. He spoke in support of Joe Khoury who is running against Mr. Calvert and gave Mr. Khoury's qualifications for the job. He stated that he hopes that people vote on the qualifications of the individual and their education. Mr. Seepe stated in his opinion the reason why this position has been so quiet is because we've been sending a person who is not qualified. He stressed that people should vote for the person best qualified for the job. Dick Knapp, 17621 Bromley, City Treasurer, questioned the Closed Session item regarding the Special Projects Director who is Ron Molendyk and stated that he hoped that Council was not seriously considering extending his contract. He noted that in review of the Warrant List for this week he saw $1,200 going to Mr. Molendyk for Health and Wellness and just two weeks ago there was a payment of $1,100. He further stated that he thought he was on a no -pay consultant type basis. He asked for explanation of the $50,000 given to Rod Gunn for a presentation, when he already gets l% of the $28 million bond that was just issued a few months ago as well as I% of the $23 million that went a while ago. He asked if the City has a contract with Rod Gunn. He stated that the people should know that Ron Molendyk is looking for another contract; and that Rod Gunn is being paid over and above the loan packages they put together. John Hunneman, representing the Californian Newspaper, stated that the Californian would like to go on record that they believe item c., on Closed Sessions is an item that should be discussed in Open Session and not in Closed Session. He stated that they feel that discussing the creation of this particular. position in Closed Session would be a violation of the Brown Act. Costa Mestos, President of the Lake Elsinore Teenage Republicans Club, informed the audience that they are active in the community. He noted that they will be increasing their attendance to the City Council Meetings and invited any PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 24, 1998 Member of City Council to come to their club and speak. He further noted that they have had several important speakers at their Club Meetings and announced that the Teenage Republican Club will be working for Joe Khoury this weekend. He noted that Mr. Khoury addressed the Teenage Republicans Club and he was very impressed with this candidate. He stated that there will be a large group of people meeting at Elsinore High School, Saturday, 9:00 a.m. to walk precincts for Mr. Khoury. He invited anyone interested to join them. Mr. Mestos announced that the Lake Elsinore Teenage Republicans are planning a State Convention here in Lake Elsinore this year, however it is still in the planning stages. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1. Addressed the commingling of Ron Molendyk with the position of Special Projects Director. He stated that Ron Molendyk is officially leaving public employment May 1, 1998, and the intent was to try and stipulate whether there was a need for such services; since there is no longer an Assistant City Manager to deal with,projects. He stated that if Council would so desire to withdraw this item from the Agenda, staff has no objections. He stressed that this is not a creation of a position, the action was to discuss whether or not there was a need for such a position. He explained that Mr. Molendyk has been with the City for 13 years and has been very helpful with the transition and stressed that he will be leaving public employment on May 1. He stated that he hoped people would look at the things that Mr. Molendyk has done, opposed to looking to try and find problems. He stressed that the City has enough problems and Mr. Molendyk has done a lot of good things. He further stressed that if Council wishes to pull Closed Session item c., from the Agenda, staff has no problem with that action. 2. He explained that Mr. Gunn has been with the City for the last two years helping with the City's Financial Strategy; there has been two bond refundings and the money that was forwarded to Mr. Gunn was contracted for; and the $50,000 that the City fronted will come back to the City either through Series D Bonds or through the next refunding. He noted that this is a cash flow situation. He stressed that Mr. Gunn has put in many hours amounting to almost full time for the City. MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY A VOTE OF 3 -2 WITH BRINLEY AND PAPE CASTING THE DISSENTING VOTES TO REMOVE ITEM "C" FROM THE CLOSED SESSION SECTION OF THE CITY COUNCIL AGENDA. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: PAGE NINE - CITY COUNCIL MINUTES - MARCH 24, 1998 1. Stated that he was not going to address the bonds and noted that there is always a cost for doing business. 2. Noted that he was surprised to read in the newspaper about the gardening program in support of small businesses. He stated that for five and one -half years he has been saying that Council should take care of local business before taking care of big business in our community. He stated that at that time he suggested low interest loans to assist in keeping them in businesses, however the Council has to have a man with a Doctor's Degree to convince them that we need to look at small businesses. He further noted an article in the newspaper regarding a Low Income Housing and now all of a sudden Council approves this gardening program that is presented. He noted that this Council and the previous Council have neglected to do any of the items found under the RDA section of the program and read some of the items found in that section. He noted that the City of Lake Elsinore RDA not only has a $900,000 deficit, but the RDA cannot pay the City of Lake Elsinore for it's staff time which is an additional $200,000, therefore the RDA is in worse trouble than anyone is saying. 3. Noted an article in the newspaper which headlines "Elsinore Investors O.K. City's Promises ". He addressed the statement that there was no cost to the City in the article, and later on in the article stated that the City is going to give the developer tax incentives. He noted that this will be done either through a bond or discount on fees, however this will cost something. 4. Noted the article in the paper that commended Councilman Metze for his recognition of the need for more aggressive Watershed Management and his call for a Study Session. Councilman Alongi stated that he conducted a special test which went from the Lake in Lake Elsinore to the EVMWD Sewer Plant which is next to the San Jacinto River. He noted that they measured the water that is being discharge from the Canyon Lake Golf Course and the reclaimed water that went down the San Jacinto River to the Lake. He suggested that a program should be designed that can be taken to the Federal Government to assist the people who are dumping into our Lake and there was not a line of that in the paper, however Councilman Metze mentions the subject one time and gets a whole column. 5. Noted the article in the Sun Tribune regarding the use of economic gardening approach to encourage the growth of small businesses. He stated that he has been telling the City this for years and it has not been supported, however now we have someone with a Doctorate presenting this and everyone is jumping on the bandwagon. He stated "what a joke ". He further stated that we had the people right here to provide the taxes and they did not have to be given to Wal -Mart or anybody, since they were already here. 6. Commented on the article in the paper with the statement by Gary PAGE TEN - CITY COUNCIL MINUTES - MARCH 24, 1998 Washburn that if he had to do it again, he would do it all over again; that to put this community in the position that it is in and to put this Council in the position that it is in, and he would do it all over again. Councilman Alongi stated that was pretty stupid as far as he was concerned, not to mention irresponsible. He noted that is why this City is so "up in arms" about what is happening to our tax dollars, due to actions like this. 7. Commented that the Council has talked about the `City can't afford this and that'. He noted that when Council says those things, as a Council, we should be watching every dime and nickel and dollar that the City has. He stated that he does not see any reason why the Redevelopment Chairperson had to go to Sacramento about a Lake problem. He further noted that it is not a Redevelopment Agency problem and the money that is against the Lake comes from City Bonds and no money was taken from the RDA to put in the Lake. He further noted that the Lake has nothing to do with removing blight; RDA funds cannot be used to maintain the Lake; RDA funds cannot be used for police patrol, therefore why was it necessary for her to go. Councilman Alongi stated that Senator Haynes requested the Mayor, RDA Chair, City Manager and the Lake Supervisor attend, however he is not paying the bill, the taxpayer is. He stressed that it was not necessary for all four people to go to Sacramento to get the money back for the Lake and stated that the Mayor and City Manager are qualified enough to handle this issue and it does not require all four people. He noted that if the City had the money and all the services in place, he would not complain, however we do not and if there is no money to provide fire services or as other vital services, then we do not have the money for excess travel. He stressed that Council needs to tighten up their belts as well. 8. Commented that the City will be audited on the Bonds, and stated that he hopes that they do a thorough job. 9. Stated that every person on Council, whether he agrees with them or not, worked hard and spent money as well as friends money to be elected because every Councilmember felt they had something to give to the community. He stressed that when they vote it is for what is good for the community and not what is good for themselves or someone else. He stressed that he does not like entities such as the Out Let Center, Mr. Chen, or members of the Chamber of Commerce pressuring people on Council to vote for what the hell they want them to vote. He stated that Council is not up here to vote the way they want them to vote, the Council is there to vote for the community. The City Manager is hired by Council and does not need to be pushed by outside interests. 10. Stated that he felt that the Police Department had more important things to do than to drive behind a street sweeper. He noted that it is necessary to cite people who violate the Ordinance, however he does not feel that it is necessary to take a CSO Officer or a sworn Officer and specifically put PAGE ELEVEN - CITY COUNCIL MINUTES - MARCH 24, 1998 them behind a sweeper. He stated that to him that is a waste of tax dollars. He further noted that there are plenty of things going on in the City that can be taken care of and periodically a unit can do a sweep and cite the persons that do not move their cars. 11. Commented on two letters that were sent to Assemblyman Tom Torlakson from Mayor Pape and RDA Chairwoman Brinley and read their letters of opposition. He noted that two years ago he opposed allowing a vote of 50% + 1 for the vote on assessments and received a lot of criticism for his stand. He asked why we are against people voting to tax themselves; why are we against people having the right to vote if they want their properties mortgaged. He stated that if the City wanted to set up a Redevelopment Area then the people should have the right to vote on it. He stressed that the City has not spent one dime of the $70 or $80 million invested in RDA on Low Income Housing; not one dime for small businesses, except the small loans on Main Street; or any infrastructure in those areas that the RDA money was taken from. He noted that the money was pulled from those areas for the ball field and yet those people have nothing. Councilman Alongi stated that the City has done nothing but break the RDA and drain the General Fund. He stated that he wrote his own letter and told him exactly what was going on in the City of Lake Elsinore and emphasized that we should be voting on the RDA. He stated that if these people cannot be trusted with such a beautiful tool to work with, then it should betaken away. 12. Noted a letter that he received and stated that if the City is going to enforce Ordinances and Conditions of Approval, then we need to do it for everyone and not because we like the business or not like the business. He noted that the letter was regarding a particular business in town that was trying to do some entertainment and the condition to the business at the time of approval stated that there shall be no live entertainment etc., yet the City has a business on Main Street that every weekend has live music, Karaoke and live entertainment. He noted that he does not have a license for that, yet the City allows this, however when another business person wants to do the same thing, then the City opposes this. He stated that we do not enforce the Ordinances equally among all people in the community. 13. Noted a letter from the City Manager to Council regarding a complaint. He suggested that the person has not been in this City long enough to complain and when she knows the problems of the community, then she can send her complaint in. He noted that he has been asked why he spends thousands of dollars protecting a $300 a month j ob. He stated that it is because of the letters he receives in thanks for his service and support of the people; therefore he will spend his thousands defending his position because as long as people appreciate what he is doing, he will keep doing it, no matter what the U PAGE TWELVE- CITY COUNCIL MINUTES - MARCH 24, 1998 14. District Attorney has to say in the newspaper. He stated that he will have to win his case in court and not in the newspapers. 15. Noted that he brought a tax bill that addressed the Fire Station that he spoke of at the last meeting and stated that the taxes are $3,266 on a $140,000 house. He further noted the total assessments on the property are $1,702.62 and of that $1,615.04 are direct assessments going to CFD 88 -3. He stressed that those people are paying for that Fire Station and they are still paying for it through those assessments. 16. He stated that he has never despised anyone in his life, however there is one gentleman on the dias that he does, the others he puts up with. He stated that he has been sitting on the dias for six and one -half years and it is not a coincidence that he has never been called to lead in the salute of the American Flag and asked if they wondered why he gets ticked off. He stated that he served his time in the Marines and the Vietnam War and put 14 months in a 4 x 4 x 6 box. He stated that they couldn't break him then and this Council, the District Attorney and the County of Riverside won't break him either. He stressed that he just wanted to bring it to his attention. He stated that he calls on everybody and his brother, but not him. 17. He stated that those are the facts and the others will try and tell you something else, however he suggested that the residents get off their Sicilian asses and go to City Hall and look up the facts for themselves. Councilman Metze commented on the following: 1. Announced that on Saturday, March 28, 1998, the Chamber of Commerce is having a Monte Carlo Night and encouraged everyone to attend. 2. Announced that tomorrow night; March 25, 1998, there will be a ball game with The Storm vs The Angels, bar rain. 3. Addressed Mr. Seepe's comments and stated that through all of history there has always been term limits and that is called an election. 4. Commented that in his opinion there is no comparison between a sleazy bar versus Chuckles Java Junction. Councilwoman Brinley commented on the following: 1. Asked City Manager Watenpaugh to address the audit of the Bonds. City Manager Watenpaugh stated that the City received a letter from the State Auditor Controller requesting copies of some specific audit documents relating to the City's audits for our Bond Measures and our Bond issues. He noted that those documents have been forwarded back to them and we have heard nothing back from them at this time. Administrative Services PAGE THIRTEEN - CITY COUNCIL MINUTES - MARCH 24, 1998 Director Boone stated that the documents requested were the financial statements of the Bond issues. Councilwoman Brinley clarified that the City of Lake Elsinore is not the only city going through this. City Manager Watenpaugh concurred, and stated that the City of Lake Elsinore has responded to all questions from the State Auditor Controllers Office and will continue to do so. He noted that he will be reporting back to Council with any updates. 2. Asked the City Attorney to address the question of violations of the Brown Act in regard to Close Session c. City Attorney Leibold stated that the item has been pulled and will not be discussed tonight in Closed Session and clarified that it was not an issue with respect to an individual employee; was not proposed to be a discussion to create a position; but rather an analysis of whether or not the existing position is one that should be maintained, continued, or filled in any capacity. She noted that the Brown Act does permit the City Council to meet in Closed Session to discuss employment issues. She further noted that she has citations if they are needed. Councilwoman Brinley stated that she felt that City Attorney Leibold would not allow Council to meet on anything that was in violation of the Brown Act. 3. Addressed the issue regarding the Redevelopment Agency Housing Element. She stated that in December this issue was addressed. She explained that the City is in the process of review of the Housing Element and Contracts entered into by the RDA. She noted that these issues take a considerable amount of time for review and due to the process required for the TMC Contract, the review of the Housing Element and RDA Contracts is taking that much longer, however it is in process and is being addressed. Councilwoman Brinley stated that as RDA Chairwoman she has requested that in April, on a Saturday at approximately 10:00 a.m., that a presentation be made by, Mr. Gunn regarding the Bonds to give the public the opportunity to gain information and participate in the workshop. She noted that City Attorney Leibold's background is Redevelopment Law and she was a featured speaker at the CRA Seminar in Long Beach. Councilwoman Brinley stated that there will be a public notice in the press as well as an announcement on Channel 3 regarding this meeting. 4. Stated that as Chairwoman of the RDA, she was invited by Senator Haynes to Sacramento. She noted that the reason she felt it was important to attend was due to fact that the Redevelopment Agency has projects located near or on the Lake and the situation regarding the Lake has a direct impact on the Redevelopment Agency. She stressed that the Lake is the one of the major Economic Engines of this community and she felt it was important for her to be involved to encourage the development of tourism. She announced that today the Bill was presented to the Committee, where it died. She further stressed that Senator Haynes Office, Mayor Pape and herself will continue to keep working towards getting money for the Lake and to work PAGE FOURTEEN - CITY COUNCIL MINUTES - MARCH 24, 1998 toward up- stream mitigation and everyone on Council has talked about up- stream mitigation. She stated that one of the possible solutions is to form a task force to involve our Sister Cities upstream, the County Supervisors, the Assemblymen and Congressman. She stressed that it is important to keep our environmental assets safe. She thanked Councilman Metze for bringing the issue forward. 5. Commented that last Wednesday she participated in a program, "Principal for a Day" at David Brown Middle School. She stated that it was a wonderful experience and commended Principal Vicki Webber for all of her hard work to make David Brown Middle School such a successful learning institution. She noted that the students do watch City Council Meetings and the students have strong opinions. She further noted that her son is a teacher at David Brown and for one day she was his boss and stressed what a nice experience it was. 6. Encouraged everyone in the community to attend Casino Night, March 28th, at 7:00 p.m. and reiterated that it is sponsored by the Chamber of Commerce. She stated that it is $15.00 a couple and will be held at the Diamond Club and should be a lot of fun. 7. Stated that the Circus is coming to town on April 18th, and noted that it is one day only and encouraged everyone to attend. 8. Noted that the last Open Air Market was a success and encouraged everyone to attend the next Market and have a good time. Mayor Pro Tem Kelley commented on the following: 1. Clarified the issue of live entertainment and noted that the City received a letter from ABC notifying the City that a local business in the four corners area had requested previous exemptions including, but not limited to live entertainment, live dancers, topless entertainment and live music being lifted from their license. She noted that the City was asked to respond to that request. She stated that her response was to leave the conditions in place. 2. Announced that there is a Chamber Mixer this Thursday and asked where it would be. Chamber President Tom Thomas stated that it will be combined with the Monte Carlo Night. 3. Announced that the Annual Easter Egg Hunt will be held April 4, 1998, at the Outlet Center from 9:00 a.m. to 2:00 p.m. Mayor Pape commented on the following: 1. Reviewed all of the previously announced activities, and encouraged PAGE FIFTEEN - CITY COUNCIL MINUTES - MARCH 24, 1998 everyone to enjoy the activities. 2. Commented on the Jet Ski Races sponsored by the Arizona Aqua Club and announced that they will be back on May 23, 1998. 3. Announced that on June 27th and 28th, the International Wake Board, Knee Board and Air Chair Competition in the Inlet Channel and encouraged everyone to put this on their calendar. 4. Commented on the Study Session that is currently being organized which will include representatives from the entire 820 square mile watershed area that flows into Lake Elsinore. He noted that this will include the Cities of Hemet, San Jacinto, Canyon Lake and Moreno Valley, as well as representatives from the Dairy Industry, and County. He stated that the topic of the Study Session will be what is happening to the Lake and stressing the fact that the actions that are occurring miles away do and will affect the water quality of the Lake. He stressed that this will start the education process and allow the different community leaders to be informed and help solve the problem. 5. Wished Happy Birthday to the City of Lake Elsinore. He stated that the City of Lake Elsinore will be celebrating it's 110th Birthday on April 9th and noted that we were incorporated in 1888. CLOSED SESSION a. Public Employee Performance Evaluation (Government. Code Section 54957) Title: City Manager. b. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Attorney. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:24 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:26 P.M. WITH NO ACTION TAKEN. ADJOURNMENT MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL U PAGE SIXTEEN — CITY COUNCIL MINUTES — MARCH 24, 1998 MEETING AT 9:26 P.M. S; W. PAPFWMAYOR OF LAKE ELSINORE Respectfully submitted, Adria L. Bryn' g, Depu City CI k ATTEST: VBC.KI KASAD, CITY CLERK MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, APRIL 2, 1998 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Pape at 1:4:55 a.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALONGI9 BRINLEY; KELLEY, METZE, TAPE NONE Also present were: City Manager Watenpaugh, Assistant City Attorney Van Blarcom, Community Development Director Brady and City Clerk Kasad. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of Litigation pursuant to subdivision ( c ) of Government Code Section 54956.9: 2 potential cases. Assistant City Attorney Van Blarcom announced the above listed items for discussion. THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 11:56 A.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 12:40 P.M. WITH THE FOLLOWING ANNOUNCEMENT: UPON A VOTE OF 3 TO 2, THE CITY COUNCIL APPROVED INITIATION OF LITIGATION AGAINST THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION TO CHALLENGE CEQA COMPLIANCE, THE AMENDMENT OF THE CITY OF LAKE ELSINORE SPHERE OF INFLUENCE AND THE DESIGNATION OF THE CLEVELAND RIDGE AREA AS AN UNINCORPORATED COMMUNITY. PAGE TWO - SPECIAL CITY COUNCIL MEETING - APRIL 2, 1998 ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 12:42 P.M. ZZ) VIN W C . PAPE, MAYOR ITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 14, 1998 CALL TO ORDER The Regular City Council Meeting was called to order by Student Kendall Kelley at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Student Lindsey James. INVOCATION The Invocation was provided by Pastor Warford. PRESENTATIONS a. Presentation - Student Government Day. (F:142.2) Hillary Hodges, Sophomore at Temescal Canyon High School and Associated Student Body Treasurer, indicated that she shadowed Mayor Pape for the day. She further indicated that she learned a lot today and running a city is not as easy as she thought. She noted that they had a boat ride and tour of City Hall. Renee Tersini, Sophomore at Temescal Canyon High School, indicated that she shadowed Councilman Metze, and they discussed new building in the City and events in the Community. She noted her enjoyment of the day and indicated that she can't wait until next year for a similar opportunity. Lindsey James, Sophomore at Temescal Canyon High School advised that she shadowed Councilwoman Brinley and they discussed future plans for Lake Elsinore and new development which is planned. Daniel Gonzalez, Senior at Temescal Canyon High School advised that he shadowed Senior Center Coordinator Tate and stressed the importance of the services provided by the Senior Center in Lake Elsinore. Kendall Kelley, Freshman at Temescal Canyon High School indicated that she shadowed City Clerk Kasad and Deputy City Clerk Bryning. She noted that they discussed the history of the City and learned a lot about the history of City in documents. City Manager Watenpaugh explained to the public that once a year the City PAGE TWO - CITY COUNCIL MINUTES - APRIL 14, 1998 has this event in cooperation with the School District. He advised that the format was changed this year and more input was received from the students for next year's event. He thanked that students for their participation. b. Presentation - Lake Elsinore Animal Friends. (F:18.2) Bill Starkey, representing LEAF, commented the students for their participation in the Community. He noted that LEAF will celebrate 10 years of service to the Community in October of this year. He detailed their expansion into the cities of Canyon Lake, Murrieta and Temecula. He noted new programs such as Pets for Seniors. He noted that every Saturday through the Spring and Summer the adoption center will be open; and every Tuesday they are open for senior pet adoptions from 9 a.m. to Noon. He advised that approximately 20% of the animals in the center are pure bred pets. He also advised that the third Saturday of every month there is a low cost shot clinic at City Park which is supported by local veterinarians; and the staff at LEAF can make arrangements for spay and neuter services. He stressed the success of LEAF in that animals are not being dumped along the roads. He announced that LEAF is granting amnesty for licensing from April 1 to May 31 st so there will be no penalty for registering animals. He stressed the benefits of licensing animals, such as being able to find animals which might be lost. He advised that May 2nd begins `Be Kind to Weak Animals ". He fiuther advised that they have leased property for a new shelter, with ground breaking expected next year. He noted that they will be holding a fundraiser at the Diamond, and detailed other fundraisers which are being planned. He requested consideration of a new road for Strickland Avenue and stressed that over 500 people a week visit LEAF. He encouraged anyone who has not visited the shelter to do so. Linda Nanetti, noted the pink notice received in the trash bill regarding licensing of cats, and explained that the problem is that people move away and leave adult cats behind, and many kittens are born to roam the neighborhood. She fiuther noted that in the past, she has assisted LEAF by gathering kittens from the neighborhoods. She stressed that residents who move and cannot take animals with them need to take their pets to LEAF. She expressed hopes that LEAF would not charge people to drop animals off there, as that would discourage people from dropping them off. She stressed that the animals become a problem for the other residents, but she does not agree that all should pay for the irresponsibility of others. She indicated that she knows that LEAF does a good job. C. Proclamation - Architecture Week. (F:122.1) Kendall Kelley read and presented the proclamation to Ron Ishii, representing the Inland California Chapter of the American Institute of Architects. Mr. Ishii thanked the Council for this recognition and noted that he is a 10 year resident of the Community. He noted that it is wonderfid to have the students PAGE THREE - CITY COUNCIL MINUTES - APRIL 14, 1998 participating in the Community. Mr. Ishii indicated that he has had a firm in the City for nearly 11 years, and is pleased to be here on behalf of his colleagues. d. Presentation - City's Birthday P y.(F:45.1) Assistant to the City Manager Best noted that this evening is a celebration of the past, present and future of the Community. She also noted that the original incorporation date was under San Diego County, and addressed the Historical Society presentation to the students this date. She indicated that at the time of incorporation there were only about 1,000 people in the community, and was listed as a "colony ". She advised that the highlights of the community were a coal mine, hot mineral springs and the Lake; and the area also had prominent clay mines and clay pits. She noted similarities between the original community and the community of today. She reiterated the positive future potential for the Community with the students present today. She read a Certificate from the League of California Cities commending the City on its 110th anniversary. City Manager Watenpaugh again thanked the students and congratulated them on their participation. THE CITY COUNCIL MEETING WAS RECESSED AT 7:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:32 P.M. 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 Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert and City Clerk Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. M@104041N The following items were pulled from the Consent Calendar for further discussion and consideration: PAGE FOUR - CITY COUNCIL MINUTES - APRIL 14, 1998 Item Nos. 9 and 10. 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 - March 10, 1998. (F:44.4) b. City Council Study Session - March 17, 1998. C. Regular City Council Meeting - March 24, 1998. d. Special City Council Meeting - April 2, 1998. The following Minutes were received and ordered filed: e. Planning Commission Meeting - February 4, 1998. f. Planning Commission Meeting -March 18, 1998. (F:60.3) g. Design Review Committee Meeting - February 4, 1998. h. Design Review Committee Meeting - March 18,1998.(F:60.4) 2. Ratified Warrant List for March 31, 1998. (F:12.3) 3 Received and ordered filed the Investment Report for February, 1998. (F:12.5) 4. Rejected and referred to Claims Administrator for handling the Claims Against the City submitted by Kurtis B. Cafaro (CL #98 -10); Mrs. Emery Simon Jr. (CL #98 -11); Beverly Seeley, Trustee of Francis L. Knierim Trust (CL #98 -12) and Al Valle (CL #98 -13). (F:52.2) 5. Approved the Agreement Extension with the Department of Boating and Waterways for the Boat Launch Facility and authorized the City Manager to execute the Agreement.. (F:68. 1)(X:92.5) 6. Adopted Resolution No. 98 -6 regarding Disaster Relief Funds and the Designation of the City's Authorized Agent for disaster relief funding applications. (F:74.1) RESOLUTION NO. 98-6 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). PAGE FIVE - CITY COUNCIL MINUTES - APRIL 14, 1998 7. Accepted Notice of Completion for the Lakeshore Drive Widening: Main Street to 600' Beyond Entrance to Lakepoint Park, and authorized recordation. (F:156.2) 8. Accepted Easement and Grant Deeds for Machado Storage, and authorized recordation. (F:132.1) PUBLIC HEARING 21. Zone Change No 98 -2, Commercial Project No C 98 -2 and Negative Declaration No. 98 -3 for Kentucky Fried Chicken at 31257 Riverside Drive ajmwy.74) - Ordinance No. 1036. (F:172.2)(X:58.2) . Mayor Pape noted that Councilman Alongi might need to abstain due to ownership of applicant's building. COUNCILMAN ALONGI LEFT THE TABLE AT 7:34 P.M. City Manager Watenpaugh highlighted this request and detailed the recommendations. He noted that the project is within RDA Project Area #2 and would need concurrent action by the Redevelopment Agency Board. Mayor Pape opened the public hearing at 7:35 p.m., asking those persons interested in this item to speak. The following person spoke: Kim Quon, 701 W. Graham, representing the applicant, offered to answer questions, concurred with staff recommendations and thanked staff for their help in this process. He indicated that the project will beautify the area and draw more business. Hearing no additional requests to speak, the public hearing was closed at 7:36 p.m. Mayor Pro Tem Kelley inquired if when the project is completed, the top of the building would still have red fencing around the air conditioning; or if it will be removed. Mr. Quon presented a rendering of the improved building with a new parapet wall around the building. He stressed enhancements to be made to the building. Mayor Pape concurred that the enhancement be a nice finish for the project. Councilman Metze questioned the fencing between the Laundromat and Hunny's. Mr. Quon indicated that they are not proposing a fence to divide the parking lots, but proposing landscaping along that edge. He noted that the owner of Hunny's has offered to collaborate on the landscaping. Councilman Metze concurred with the Planning Commission position on condition nos. 15.b. and 36. He indicated that item 36 is a housekeeping item and 15.b must PAGE SIX - CITY COUNCIL MINUTES - APRIL 14, 1998 have been an oversight. He indicated that he would normally address the handicapped parking, but it would not matter if 20 of the spaces were 10 feet deeper, as a person with wheel chair or van would not be able to use the spaces. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1036 UPON FIRST READING BY TITLE ONLY, APPROVING ZONE CHANGE NO. 98 -2; ADOPT NEGATIVE DECLARATION NO. 98 -3 AND APPROVE COMMERCIAL PROJECT NO. C 98 -2, BASED ON THE RECOMMENDED FINDINGS, EXHIBITS "A" THROUGH "I", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: ORDINANCE NO. 1036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING .62 (.61 NET) ACRES LOCATED ON RIVERSIDE DRIVE BETWEEN SAINT CHARLES PLACE AND WALNUT DRIVE, FROM C -P (COMMERCIAL PARK DISTRICT) TO C -2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 98-2 KENTUCKY FRIED CHICKEN). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: FINDINGS BRINLEY, KELLEY, METZE, PAPE NONE ALONGI 1. Subject to the attached Conditions of Approval and the findings of the Mitigated Negative Declaration No. 98 -3, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The Zone Change is consistent with the anticipated zoning district for this site within the General Plan Land Use Element. The proposed action is, therefore, consistent with the Goals, Objectives, and Policies of the General Plan and the standards established in the Municipal Code. 3. The project, on its own merit and within the context of its setting and as proposed and conditions, complies with the Goals, Objectives and Policies of PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 149 1998 the General Plan, and the Zoning District in which it will be located. 4. That the requested use, as proposed will not be detrimental to the general health, safety, morals, and welfare of the persons residing in the neighboring area of the City. 5. 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. 1. Design Review approval for Commercial Project No. 98 -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 Planning Commission through subsequent action. 4. Materials and colors depicted on the elevations and 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. PAGE EIGHT CITY COUNCIL MINUTES - APRIL 14, 1998 10. Trash enclosures 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 architecturally screened so that they are not visible from neighboring property, public streets including Riverside Drive and Fraser Drive. A screening plan shall be approved by the Community Development Director or designee, 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. 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) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. c) Planting within fifteen feet (15) of ingress /egress points shall be no higher than thirty -six inches (36 "). d) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. e) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 1) 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 NINE - CITY COUNCIL MINUTES - APRIL 14, 1998 watering. g) 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. h) 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. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. 16. 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. 17. 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. 18. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 19. Trailers utilized during construction shall be approved by the Planning Division. 20. On -site surface drainage shall not cross sidewalks. 21. A stripping plan shall be required to insure safe circulation. Parking stalls shall be double - striped with four -inch (4 ") lines two -feet (2) apart. 22. 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. 23. This project shall be subject to all Mitigation Measures contained in the Mitigated Negative Declaration No. 98 -3. 24. 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. PAGE TEN - CITY COUNCIL MINUTES - APRIL 14, 1998 25. 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. 26. The proposed southwesterly driveway shall be posted as a right turn only /exit only driveway. A "Do Not Enter" sigh shall be posted for both north and southbound traffic on Riverside Drive. ENGINEERING CONDITIONS 27. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (L.E.M.C.) prior to building permit. 28. Process and meet all parcel merger requirements prior to issuance to building permit. 29. The applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 30. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. 31. 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. 32. 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. 33. Applicant shall submit a traffic control plan showing all traffic control devices for the site to be approved prior to issuance of building permit. All traffic control devices shall be installed prior to certificate of occupancy. 34. The turning radii out of the proposed drive -thru to the driveway at Riverside Drive are not large enough and need to be increased. 35. If demand consistently exceeds the storage capacity of the drive -thru during peak periods, the fast food restaurant shall provide a roving order person in the drive -thru lane to enhance order taking. 36. The applicant shall cause to be recorded an irrevocable reciprocal parking and circulation agreement in favor of the lots adjacent to the Kentucky Fried Chicken site, subject to the approval of the Community Development Director. PAGE ELEVEN- CITY COUNCIL MINUTES - APRIL 14, 1998 City Manager Watenpaugh explained that this is part of the existing weed abatement program and part of the annual requirements. He noted that to date over 5,000 vacant property owners have been noticed and this is the time to receive protests or comments. He further noted that the intent is that the City does not want to do the abatement and that is the reason for the high administrative fee. Mayor Pape opened the public hearing at 7:41 p.m. asking those persons interested in this item to speak. Hearing no one the public hearing was closed at 7:41 p.m. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO PROCEED WITH THE PROCESS SINCE NO OBJECTIONS WERE PRESENTED. BUSINESS ITEMS 31. Comm"r ial RMject No. C 98-1 "Chem-on Products Co=any" at 31640 Mission City Manager Watenpaugh explained that this is a design review request for construction of a mini- market and remodel of an existing gasoline service station in accordance with the requirements of the Lake Elsinore Municipal Code. He noted that the Planning Commission approved the project at their meeting of April 1, 1998. He stated staff recommends approval of Commercial Project No. C 98 -2, based on the recommended Findings and Conditions of Approval. He further noted that the project site is located within Redevelopment Area No. 1, therefore it is recommended that the RDA concur with the City Council action. Councilwoman Brinley asked if the applicant agrees with the Findings and Conditions of the project. Community Development Director Brady stated that the applicant concurs. Councilman Alongi questioned the drainage and noted that all drainage flows onto Mission Trail and directly into the San Jacinto River. He asked if there is going to be some type of recapturing system used so that when the pumps are washed down it can be recaptured, pumped and carried away. Jim Forgey of RHL Design, 1201 South Beach Blvd., La Habra, architect for the applicant, stated that the drainage of the site will not be altered, however there will be no drainage going across the island where fuel is dispensed. He noted that the drainage will go around the island and flow to a catch basin which is already on the site and from there into the street. u WE TWELVE - CITY COUNCIL MINUTES - AI`RIL-I -1; I998 Councilman Alongi stated that he is familiar with the area and noted in the last storm he visited the site with the Water District and there was run off coming from the station which contained oil and gas. He further noted that it drained off of the drive way, down to the gutter and into the San Jacinto River. He stated his concern that when remodeling is done the water should be captured rather then sending it down the gutter and into the River. He explained that the City is trying to address a plan for the Lake and every little bit of waste contributed is hurting the Lake, whether it is Chevron or one of the other gas stations because in the long run it all adds up to pollution in the Lake. He stressed that if they are going to enlarge the facility then there are going to be more vehicles using it and asked if they are going to develop a program to address the drainage and send it to the sewer rather than the Lake. Mr. Forgey stated that the run off will be going to the catch basin and then to the storm drains and will not go to the street. Mayor Pro Tem noted the additions to the Conditions of Approval which address prohibiting the sale of alcoholic beverages with the exception of beer and wine as well as no advertisement displayed and other conditions which address the sale of beer and wine. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT NO. C 98- 1 "CHEVRON PRODUCTS COMPANY" AT 31640 MISSION TRAIL WITH THE FOLLOWING FINDINGS AND CONDITIONS. I,yli:l�]I�[ely 1. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant environmental impacts. - - 2. 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 General Plan, and the Zoning District in which it will be located. 3. That the requested use, as proposed will not be detrimental to the general health, safety, morals, and welfare of the persons residing in the neighboring area of the City. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evide�ice 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. PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 PLANNING DIVISION CONDITIONS 1. Design Review approval for Commercial Project No. 98 -1, and Conditional Use Permit No. 98 -1 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 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 submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. A five (5) foot block wall shall be constructed at the northerly and westerly boundary line. 5. Materials and colors depicted on the elevations shall be used unless modified by the Community Development Director or designee. 6. The directional sign located at Casino Drive shall be repaired or replaced to the satisfaction of the Community Development Director or designee. 7. The handicap space shown on the plot plan shall be moved to the west end of this parking space area in front of the mini- market or to a location agreeable to the Community Development Director. 8. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 9. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 10. Meet all Riverside County Health Department requirements. 11. Meet all Riverside County Fire Department requirements per memorandum dated March 3, 1998. 12. No outdoor storage shall be allowed. 13. Trash enclosures shall be constructed as illustrated on the approved site plan PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 and per City standards as approved by the Community Development Director or designee, prior to issuance of Certificate of Occupancy. 14. 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. 15. Applicant shall use roofing materials with Class "A' fire rating. 16. 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 (Mission Trail or Casino Drive). 17. All exterior down- spouts shall be constructed within the interior of the building or concealed from public right -of -way view. 18. The final landscaping/inigation 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 thirty feet (30) apart and at least twenty- four -inch (24 ") box size where appropriate. On areas where screening is necessary, trees shall be at least thirty six -inch (36 ") box size. Location and size of trees is subject to the Community Development Director or designee's approval. 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. PAGE FIFTEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 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; 20% may be refunded after acceptance and 100% will be held for one year for material and labor. 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. 19. 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. Trailers utilized during construction shall be approved by the Planning Division. 22. On -site surface drainage shall not cross sidewalks. 23. Parking stalls shall be double - striped with four - inches (4 ") lines two -feet (2) apart. 24. Painted arrows on the asphalt shall be located at all internal one -way drive aisles. 25. Decorative pavement shall be provided at the entrance of the two (2) driveways on Mission Trail Road to the satisfaction of the Community Development Director or designee. 26. Prior to issuance of building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the PAGE SIXTEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 Community Development Division for inclusion in the case records. ENGINEERING DIVISION 27. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 28. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). The document can be obtained from the Engineering Division. 29. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution 85 -26). 30. 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. On -site drainage shall not be directed to flow across the fueling island. 31. The applicant shall incur all costs to provide a traffic study prepared by a traffic engineer furnishing mitigation measures if feasible regarding channelization and striping for the existing driveways on Mission Trail Road in the vicinity of Chevron prior to building permit. All costs resulting from mitigations, including restriping along Mission Trail shall be incurred by the applicant. 32. The approval for the sale of alcohol shall be limited to the sale of beer and wine only. No general (distilled) alcoholic beverage sales shall be permitted. 33. 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. 34. No advertisement of alcohol beverages shall be displayed at motor fuel islands. 35. No self illuminated advertising for beer or wine shall be located on buildings and windows. 36. Employees on duty selling beer and wine shall be at least 21 years of age. 37. Window area can not be obscured with posters and advertising to the point that police patrols will not be able to see into the food -mart. 38. No onsite consumption of alcohol shall be allowed. PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 REEF ,_& - I4 ': City Manager Watenpaugh noted that Mr. Stahovich of Supervisor Buster's office was expected to be here, but was not present. He noted an error in the staff report and indicated that the $220,000 figure should have been $178,000. He advised that this item was intended to bean update on the status of the project in the Wells Fargo Building, and in that vein it was moving forward. He further advised that staff was negotiating to own the building, but since that time staff is recommending that the County own the building for the first three years; at which time the City could purchase the building at the current value, less credits for the library fees expended. Mayor Pro Tem Kelley noted that staff pushed hard to own the library, and negotiations have gone very well, with extensive discussion of the advantages and disadvantages of ownership. She expressed understanding of the County position and stressed the future ability to purchase the library at the rate the County paid for it. She noted that staff is still working hard to discuss the existing facility and the potential for future use by the Sheriffs Department. She urged Council to allow the City Manager to continue to negotiate a contract subject to the proposed conditions; as they will accept the liability and today's price is locked in. Mayor Pape concurred that this would be a win -win situation. He noted that the City money comes from the developer fees for the library; and he would not want to lock in at three years, but would agree it should occur when adequate funds are collected. Mayor Pro Tem Kelley noted that the operational costs will be equally divided with the County. Councilman Alongi questioned the advantages and disadvantages of owning the building. He indicated that he did not see the advantage of owning the building, but suggested that potentially the dollars could be used to expand the facility in the future. Mayor Pro Tem Kelley responded that the major concern was since LSSI has never operated before, and some cities are pulling out of the system; should the contract fall apart later, the City should have the option of owning a City library. She concurred that there is no advantage to owning it now, but she would want to retain the option should the arrangement change. Councilman Alongi concurred with the Mayor and suggested a ten year option rather than a three year option, to see what the community will do in that time frame. Mayor Pro Tem Kelley indicated that she would be delighted to pursue this fiuther; but noted that the County mentioned three years because of the ATM agreement and short term planning. Councilman Metze concurred with Mayor Pro Tem Kelley that three years was a minimum length of time, and not a big deal. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY PAGE EIGHTEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 UNANIMOUS VOTE TO REAUTHORIZE THE EXPENDITURE OF THE CITY'S LIBRARY CAPITAL FUNDS FOR THE JOINT CITY /COUNTY LIBRARY FACILITY; APPROVE THE COUNTY'S OWNERSHIP OF THE FACILITY AND DIRECT STAFF TO WORK OUT AN AGREEMENT FOR THE CITY TO PURCHASE THE FACILITY IN THE FUTURE, IF DESIRED; AND PROCEED WITH DISCUSSIONS ON THE USE OF THE OLD LIBRARY FACILITY FOR THE SHERIFF'S DEPARTMENT AND COURT. ITEMS PULLED FROM CONSENT CALENDAR 9. Cooperation Agreement Concerning Stadium Lease. (F: 134.7)(X: 134.10) Councilman Alongi indicated that he pulled this item so the public could know about the arrangement of leasing the stadium to TMC. He further indicated that he voted for it to see what they could do, but the City is still obligated and not out of the woods. He noted a clause with regard to advancement of funds and indicated that the City is still involved with money going there. He stressed that it is not a win -win situation, but it is a very complex agreement with them. He indicated that it is a gamble because the City put the money in, hoped for success; but is still holding part of the problems. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COOPERATION AGREEMENT, AUTHORIZE THE MAYOR AND THE RDA CHAIRWOMAN TO EXECUTE THE AGREEMENT, AND AUTHORIZE THE CITY MANAGER/ EXECUTIVE DIRECTOR TO TAKE SUCH OTHER ACTIONS AS MAY BE REQUIRED TO IMPLEMENT THE PURPOSES OF THE COOPERATION AGREEMENT. 10. App—mal of Quiklaim Deed in Favor of the RedevelQpment Ag?=L Pursuant d , u 1 Councilman Alongi indicated that he is opposed to this move and indicated that it is favoring the RDA as the sole owner; and stressed that the funding for this facility was by the City. He expressed concern with the material presented regarding the title policy. He indicated that if something happens to the RDA, he wants the City to have the option to take it back over; and expressed concern with signing away rights, noting the closures of other City facilities. He expressed opposition to any kind of a release from the City's ownership, as the City has a responsibility to hold on to the facility. He stressed the need to retain a fighting chance and its interest in the Stadium. He indicated that he understands the intent, but he does not agree with the verbiage on the grant deed. City Attorney Leibold clarified that this is a clerical correction for the title PAGE NINETEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 policy company, as they require no exceptions on the title report. She clarified that the existing exception relates to a 1994 lease from the PFA to the City, and that lease is no longer in effect as it was terminated in connection with the bonds. She explained that this is an effort to expedite the process and does not release the City of a public interest in the Stadium. She also noted that in the event the RDA is terminated, all obligations and assets of the Agency would be inherited and assumed by the City. Councilman Alongi reiterated that he deals in a lot of property, is not here to debate, and will only bring the facts. He stressed that the City is still responsible for a $1.2 million payment on the ball field next year and has a vested interest. He indicated that he would not vote to allow this move and stressed that the Public Finance Authority is the City and all agencies are intertwined. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE THE QUITCLAIM DEED IN FAVOR OF THE AGENCY, AND AUTHORIZED RECORDATION. THE CITY COUNCIL MEETING WAS RECESSED AT 8:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:10 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, noted article in the Press Enterprise regarding "Official's Retirement Raises Questions ". She questioned the funds to be paid for accrued vacation time and sick leave, and indicated that it does not make sense. She questioned why the Council would not pay him off and let him go on his way, and suggested an ulterior motive. She read the City policy with regard to accrual of benefits and addressed negotiations by Councilmembers Pape and Brinley, and suggested that the information was presented differently. She further noted the undated memo and indicated that it was never seen by the rest of the Council. She suggested the existence of a violation of the Brown Act and noted that proper agencies would be investigating the situation. Lorre Brevaleri, indicated that she was present to bring up lawlessness; and noted that she has done her homework about landlords and tenants. She noted the lawlessness of judges and courts and stated that she is separating herself from the laws of the land, or God's law. She indicated that the leadership is ridiculous and not working. Kay Dowdy, resident of Lake Elsinore for nine years, indicated that she was very upset to read that Ron Molendyk received $90,000 in vacation and sick leave pay and still has $60,000 to go. She further indicated that Mr. Molendyk was the highest paid City Manager in California, making even more than the Governor. She PAGE TWENTY - CITY COUNCIL MINUTES - APRIL 14, 1998 noted that State workers have not received a raise in four years and questioned what the City Manager's job responsibilities are, explaining that she thought they were supposed to promote the City and draw business. She predicted future business closures including the Outlet Center, noted the lack of attendance at the Diamond and noted the low property values. She commented that Mr. Molendyk is working 20 hours a week for the City of Penis for $80,000 and detailed how "regular" residents are living, based on her personal circumstances. She further express concern with Mr. Molendyk's ability to hold a gun permit. Linda Nanetti, resident of Cimmarron Drive, addressed the Sun Tribune article about the Council suing LAFCO, and expressed concern that the City would interfere with the Cleveland Ridge community. She indicated that they do not need the problems associated with the City of Lake Elsinore. She suggested that the residents in that area are basically self - sufficient, and have no reason to be taken over by a city with so many problems of its own. She expressed concern with the Redevelopment Agency that homes are not being cleaned up and suggested that there needs to be proof that the program is working the way it was intended. She suggested that the RDA should get away from the use of City funds and keep the two agencies separate. Gary Grant, 27068 Jarvis Street, chief proponent for the Meadowbrook Community of Interest, addressed the LAFCO lawsuit; and indicated that he has no objection to the action if the City needs to clear the air and ascertain the rights of the citizens. He stressed that they are neighbors to the City and will continue to be neighbors of the City and review the acts of the City Council. He indicated that his concerns with the City are based on the indebtedness and the level of services; and are nothing against the City or the members of the Council. He indicated that the North Peak was a prime example of the City stripping people of their financial benefits of holding property, noting that deannexation of those properties was requested. CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS No Comments. CITY COUNCIL COMMENT Councilman Alongi commented on the following: 1. Thanked former Councilman Bill Starkey for his service to LEAF. He noted that he has served on LEAF's Executive Board and knows how important it is to spay and neuter the animals to save lives. He noted how important cat licensing is. He thanked all the people that work at LEAF. PAGE TWENTY -ONE - CITY COUNCIL MINUTES - APRIL 14, 1998 2. Stated that people do not need a college degree to have property knowledge. He noted that his family has been involved in property for approximately 100 years. He noted that the Mayor belittles him because he does not have a college degree, however it is not necessary to know property and he owns more property than anyone else on Council. 3. Thanked Mr. Trout for his letter stating his concerns, to the Army Corp of Engineers regarding the Liberty Project. 4. Stated that Mr. Molendyk was a knowledgeable City Manager and did a good job for the City, however he was paid to do a good job. He noted that he has nothing against Mr. Molendyk as far a doing a good job for the City of Lake Elsinore for 13 years. He commented on an article in the Sun Tribune regarding the Federal Budget and Mr. Molendyk compared this to the City of Lake Elsinore stating that he left with a balanced budget. He noted that this is not accurate since the City now has a large debt with payments we cannot make. He noted that the debt does not make a balanced budget. He stated his objection to Mr. Molendyk accruing vacation and other benefits while he was collecting past accrued vacation. He stated that he feels that Mr. Molendyk is not entitled to accrual of further sick benefits and vacation time because he was under the same agreement as the other City employees. He noted the Rules and Regulations of City Employees regarding vacation and sick leave which Mr. Molendyk's contract calls out. He stated that it is not the Mayor or City Attorney's job to be sure that everyone is taking their vacation and it is the City Manager's job to take his vacation. He stated that he felt it was a breach of contract. He noted that the Mayor and Councilwoman Brinley entered into an agreement with Mr. Molendyk on a Memo and not a contract. He further stated that if they wanted the Memo to be part of the contract then it should have been brought back to Council for consideration. Councilman Alongi stated that he had no knowledge of the Memo and neither did Mayor Pro Tern Kelley. He stated that Mr. Molendyk assured him that this would allow him to contribute his time to the City to allow the City to pay off what is owed and would cost the City nothing. He stressed that nothing was said about additional money to be paid to Mr. Molendyk and he would not have voted for this action. He noted that there are facilities in the City that are still closed and he could not feel justified in paying more money while we cannot operate City facilities. He noted that the extra cost is approximately $30,000. He stated his objection to Mr. Molendyk working for the City of Perris since he feels that he will be taking all of the good from Lake Elsinore and giving it to that City. 5. Noted that this Council will not go to the reserves for the Fire Station or Community Center however they have gone to the reserves for payment of Bonds from CFD's and related costs. He noted the total cost is over $1 million for CFD's directly paid from the reserves. He noted the cost of the fencing for the parks and the cost of the parks from the reserves. He stated that when it benefits someone else Council will use the reserves, however PAGE TWENTY -TWO - CITY COUNCIL MINUTES - APRIL 14, 1998 when it would benefit the tax payers then they will not pull from the reserves. He stated that the Community Center should be opened to prevent vandalism. He stressed that the Council has borrowed from different accounts to balance the budget and he asked when those account would be paid back. 6. He noted that he goes back to court in June and stated that he will fight and the only way he will be taken off Council is by the voter. He stated that no one else will remove him. 7. Stated that he is not in conflict with 107 East Graham. He stated that approving or disapproving a project does not guarantee his rent. 8. He stated that it was his pleasure to be with the kids on Students in Government Day. He noted that it is important to tell the truth, since they need to know that being on Council is not all glitter and glamour. He stated that there are faults in the City and they need to be corrected and that is not done by misleading the public or any part of the Council. 9. He stated that the race is coming up in June and Council does not have a race car. He challenges the Council to put up one month of their salary at $300 each towards purchasing a vehicle and the City could put up the rest of the money to facilitate the City participating in the car race. He stressed that this is one of the best things that the Chamber has done to bring people together and it is a lot of fun. City Manager Watenpaugh stated that Mr. Molendyk's letter to Council was a request for them to consider his ability to retire and be retained on payroll as Special Projects Manager through May 1. He noted that there was nothing in his letter that stipulated that stated that he was retired on July 1. He noted that it did state May 1, and was a request for a change in status. He noted that the City Manager does have the ability to do that since he was on contract and does not have to comply with all of the rules and regulations that is in the MOU. He further noted that he does have the ability to negotiate. He explained that is what he asked of Council and it was discussed and Council concurred by a 4 -0 vote in Closed Session. He stated that a severance package was negotiated, which was Mr. Molendyk's right and an amount of $29,000 was agreed upon. He stated that the question of accrued benefits is not in question since he was functioning as a Special Projects Manager. City Manager Watenpaugh explained that yes the City has taken money over a six year period from the reserves to subsidize the CFD's. He noted that it was not required, however it was part of a financial strategy that Council Approved in an effort to reestablish our financial problems. He noted that the market was not in Lake Elsinore and the City overextended, however the City has a new financial team and the $500,000 loan and the other loans will be recovered through our financial strategy. He noted that $300,000 was borrowed from the Library Fund and $50,000 from the Park Fund and although there has been no time line set, the monies will be repaid. PAGE TWENTY -THREE -CITY COUNCIL MINUTES -APRIL 149 1998 Mayor Pro Tem. Kelley commented on the following: 1. Addressed the issue of the Community of Interest and noted that the process of the democratic principles. 2. Thanked the students that shadowed her during Students in Government and noted one of her students is on the Student State Board of Education. She noted that during the day they had the opportunity to be on the Lake and almost rescued a skydiver who had fallen in the Lake, however the volunteers on the Lake got to him first. She stated that the whole Government Day is wonderful and encourages the youth to take an interest in their community. She noted that it sparks their enthusiasm for all governmental processes and is benefit to all of us, as well as defining the future. She stated that she hopes that they had fun, because she certainly did. Councilwoman Brinley commented on the following: 1. Addressed the Communities of Interest and stated that if they do not wish to be annexed into the City, then they will not be annexed, however the City is defending our Sphere of Influence. She explained that if there was a business that wished to develop the other side of the City Limits and wishes to annex and be a part of the City, they should be able to have the right to do so. In the instance of the COI, it creates more hurdles that a developer must jump through for approval to develop their property as part of the City. She stressed that is the only thing that the City is asking to maintain. She further explained that this gives the right for anyone who wishes to annex into the City to do so. She noted that the City does not wish to absorb the problems of Cleveland Ridge, however the City does wish to have the right to allow annexation if the property owner wishes to do so, therefore that is why the City is taking legal action. She further noted that of the nine COI's that LAFCO has approved, five adversely affect Lake Elsinore. She noted that there are no other LAFCO's in the State that have created COI's and this LAFCO is setting precedents through their actions, and therefore the City must take action to secure our Economic Development. 2. Asked the City Attorney to address Mr. Molendyk's contract and noted that the City was not in violation of the Brown Act. City Attorney Leibold concurred that there were no Brown Act violations. She stated that there was a Closed Session, personnel discussion in 1997, that was appropriately noticed and the scope of the discussion was based on the parameters of the Brown Act. She noted that there was another item that was listed for Closed Session and was not discussed, therefore there was no Brown Act violations. Councilwoman Brinley stated that she felt that it was necessary to have issues clarified because there are people in the community making false acquisitions PAGE TWENTY -FOUR -CITY COUNCIL MINUTES -APRIL 14, 1998 and she wanted the entire community to have the facts. She noted that is the purpose of having a City Attorney present at Council Meetings for both the Meeting and the Closed Session is to advise Council so they are not in violation of the Brown Act. 3. Noted that the circus will be in Lake Elsinore on Saturday, the 18th, with performances at 2:00 p.m. and 6:00 p.m. 4. Stated that if someone in the community has an announcement or event that they would like to have announced, please let her know and she will be happy to help. 5. Bob Johnson asked that she announce that Tuscany Hills is having a Community garage sale on Saturday, April 25, with garages opening their doors at 7:00 a.m. She noted that 45 homes participated in the last garage sale and signs will be posted at key intersections throughout the community to direct the public to the key homes. Each sale will close at the homeowners discretion. 6. Thanked the students that participated in Students in Government Day and stated her pleasure in seeing that they are up on current events within the City. She thanked the parents of the students for doing a good job. Councilman Metze commented on the following: 1. Noted his enjoyment he experienced working with the students from Students in Government Days and stated his appreciation of the kids that participate in Students in Government Day as well as Student of the Month. He stated that he felt that we are in good hands for the future due to the quality of the kids that he sees participate in these programs. 2. Noted the amnesty program through LEAF for the licensing of cats and dogs. He explained that the program will be for the next couple of months and for those people that have not licensed their cats and dogs, they may do so without a fine. 3. Commented on the Community of Interests and stated that the City's action will be through the California Environmental Quality Act because the City does feel that the Community of Interests are creating an environmental impact on the City. Mayor Pape commented on the following: 1. Thanked the students who following him for the day and commended the program. PAGE TWENTY -FIVE -CITY COUNCIL MINUTES -APRIL 14, 1998 someone has an animal that they cannot care for any longer or a stray, they can take it to LEAF without charge, however they will gratefully accept any donations. None. 1 1 P-3-\ .0 THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:00 P.M. VIN W. PAPS, MAYOR CITY OF LAKE ELSINORE AT EST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 28, 1998 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:07 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Leibold. INVOCATION None. 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 Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, City Engineer O'Donnell, Recreation & Tourism Manager Edelbrock, Senior Planner Villa and City Clerk Kasad. . _..�`►ffl�1]�ky a. Proclamation - National Tourism Week. (F:122.1) Mayor Pape read and presented the National Tourism Week to Recreation & Tourism Manager Edelbrock. Ms. Edelbrock commented on the importance of tourism for the City, and noted that Americans in the United States spend over $1 billion per year on travel and tourism. She noted that the top three activities for tourists are shopping, outdoor activities and museums & historical sites; and compared those items to the attributes of Lake Elsinore. She thanked the Council for the recognition of this event and looked forward to future special events and activities. Mayor Pape concurred that Tourism is an important factor for the community. Linda Nanetti, resident of Cimarron Road, noted the Tourism Week proclamation, and indicated that she thinks it is great, but if there is going to be a tour bus it should also show people the negative aspects of the PAGE TWO - CITY COUNCIL MINUTES - APRIL 28, 1998 community. She concluded that Lake Elsinore is a great town of which she is an 18 year resident, but it has been mismanaged. b. Proclamation - Mental Health Month.(F:122.1) No one present for presentation. Tammy Fruin, representing the Chamber of Commerce, updated the Council on upcoming special events being: 1) the Mini -Grand Prix on June 6th, in connection with the Marketplace on Saturday and Sunday; 2) the pre -race bar- be -que on June 3rd at Roadrunner R.V. Park. 3) the Street fair on June 3 and 4 with over 100 vendors. 4) the May Mixer at Inland Valley Regional Medical Center, hosted with Primecare America, May 28th at 5:30 p.m.; 5) Golf Tournament in August. She further updated the Council on the activities of the EDC Connections, advising that they received a grant of $35,000 to conduct a business survey. She noted that the Community Image program on Channel 3 has been very well received. She indicated that the next show will start airing on April 29th. She noted that the EDC Connections group continues to work on business retention and attraction and seminars. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 31 and 32. CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were received and ordered filed: a. Planning Commission Meeting - April 1, 1998. (F:60.3) b. Design Review Committee Meeting - April 1, 1998. (F:60.4) 2. Ratified Warrant List for April 15, 1998. (F:12.3) 3. Rejected and referred to Claims Administrator for handling, the Claim Against the City submitted by John Evans ( CL #98 -14).. (F:52.2) 31. Second Reading - Zone Change No. 98 -2 - Kentucky Fried Chicken - Ordinance No. 1036. (F:172.2) PAGE THREE - CITY COUNCIL MINUTES - APRIL 289 1998 City Manager Watenpaugh highlighted this item. Councilman Alongi indicated that he had checked on this matter and there was no problem with him voting on it, so he would not be abstaining. MOVED BY METZE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1036, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING .62 (.61 NET) ACRES LOCATED ON RIVERSIDE DRIVE BETWEEN SAINT CHARLES PLACE AND WALNUT DRIVE, FROM C -P (COMMERCIAL PARK DISTRICT) TO C -2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 98 -2 - KENTUCKY FRIED CHICKEN). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE 32. Formation CFD 98 -1 - Summerhill Public Improvements (Overlay District FD 91-2). (F:22.3) City Manager Watenpaugh noted that there were representatives of the finance team present. He noted the previously approved financial strategy for the CFD's, and explained that this action is to set a public hearing by adoption of the Resolution of Intent. Chris Hyland, 15191 Wavecrest Drive, noted a news article regarding the City refinancing a bankrupt tract. She commented that the public has heard for the last year that the problems are not the fault of this Council, but the Council keeps adding more bond issues to the City. She indicated that the Council keeps taking money out of the General Fund to refinance the bonds. She finther indicated that this person has never come up with the money and never will; and she is sick and tired of paying for it. Don Hunt, Fulbright and Jaworski, bond disclosure counsel, clarified that this proposal is part of the restructuring plan approved in January of this year. He stressed that this overlay was requested by the developer as part of the PAGE FOUR - CITY COUNCIL MINUTES - APRIL 28, 1998 settlement; and no financing will occur until the houses are built. He clarified that none of this is from the City General Fund; and none will be paid by the City of Lake Elsinore residents, aside from the property owners within this tract. Councilman Alongi inquired whether Mr. Kipp has deposited the appropriate funds. Mr. Hunt indicated that he has not to date. Councilman Alongi requested confirmation that no bonds will be issued until the complete project is built, and those who buy the homes will be the only ones responsible for the payments. Mr. Hunt indicated that there will be no bonds until there is a 3 to 1 value to lien ratio. He reiterated that all payments will be the obligations of the home buyers in the tract and the City has no obligation to pay for those bonds. Councilman Alongi expressed concern that the tract could be half developed at 3 to 1. Mr. Hunt indicated that it is a statewide standard, but the Council will ultimately decide if that ratio is sufficient. Councilman Alongi indicated that, with all due respect, if Mr. Gunn and Mr. Hunt had been here from the start, he would not be so skeptical. Mr. Hunt clarified that this action is necessary no matter who the developer or property owner is, and stressed that this was part of the overall restructuring plan. He reiterated that the final decision will still be up to the Council at the time of funding. Mayor Pape clarified that this action will only set the public hearing. Mr. Hunt concurred and indicated that it may be 3 to 5 years in the future, before this refinancing is possible. Mr. Pape reiterated that there would be no bonds until homes are built and people are living there; and only those who purchase homes within the tract are responsible for these bonds. Councilman Alongi again questioned if the homes to be built will only be assessed for their share of the bonds and not be required to absorb the costs for any unconstricted lots. Mr. Hunt confirmed that they will only be responsible for their fair share. MOVED BY KELLEY, SECONDED BY ALONGI TO ADOPT THE RESOLUTION OF INTENTION NO. 98-7 TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 98-1 AND ADOPT THE RESOLUTION OF INTENTION NO 98 -8 TO INCUR BONDED INDEBTEDNESS. Dick Knapp, elected City Treasurer, detailed the history of this property and the payments which have been made to assist it. He suggested that former Mayor Washburn and former City Manager Molendyk worked for two years to put this package together, and questioned what they are getting out of this deal. Mayor Pape reiterated that only those people who buy homes, will be responsible for the bonds, not the rest of the taxpayers. PAGE FIVE - CITY COUNCIL MINUTES - APRIL 28, 1998 Councilman Metze stressed that this is not an additional $20 million. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Dean Billings, noted his previous visits to the City Council and his plans for "Lake Us and More ". He indicated that he would still like to implement the plan, but he does not have the financial resources. He addressed the need to filter the water coming down from Canyon Lake and indicated that he is tired of people putting the City down. He indicated that he would appreciate the Council obtaining complete knowledge of Hemp farming and wheat juice for filtration. He stressed the potential uses of Hemp and suggested that people have been mislead by the Marijuana hype. He suggested that the residents come together as a community. Chris Hyland, 15191 Wavecrest, noted the upcoming election in June and expressed support for Judge Vic Saradarian for the Superior Court, Tom Eicherd for District Attorney and Dr. Wiebe for County Superintendent of Schools. Dick Knapp, Elected City Treasurer, expanded on his discussion of CFD 98 -1 and indicated that he did a lot of homework on this topic when he was elected in November of 1995. He suggested that the property should have been foreclosed on a long time ago. He stressed the amount of money paid out to assist this District. Mayor Pape indicated that this has already been discussed on the agenda and voted upon. Mr. Knapp stressed that there has been a lot of money spent on this property and a lot of money has been given to the ex -City Manager to work out a deal on this matter. He further indicated that the ex -Mayor is a consultant for this firm and people should know about it. CITY MANAGER COMMENTS No Comments. CITY COUNCIL COMMENTS Mayor Pro Tent Kelley had no comments. Councilman Alongi commented on the following: 1. Expressed his confusion regarding the responsibility for the bonds and asked why the matter was on the City Council Agenda and not the Public Finance Authority's Agenda. 2. Commented on calls he received regarding Weed Abatement and the dust problem. He stated that there is an ordinance regarding dust and the contractors are required to wet the lots prior to discing when it is windy. He noted that the public can call Code Enforcement to visit the sites and see if PAGE SIX - CITY COUNCIL MINUTES - APRIL 289 1998 the people mowing or discing have City business licenses. He stated to his knowledge there is only one contractor licensed to do Weed Abatement and that is Smith's Tractor Service. 3. Congratulated the County of Riverside for extending their RDA into Wildomar and Lakeland Village areas. He explained that the County is going to allow the citizens of those areas to elect their own board. He noted that the County Supervisors have the final say, however the citizens of the affected area are going to have input. 4. Reported on a fund raiser that he attended at Terra Cotta School, sponsored by several local churches for scholarships for the youth. He cautioned the public that if they do not want a criminal element in the community they should invest in the youth and the ability for them to gain an education. He encouraged the citizens in the community to contact one of the participating churches and send a check. 5. Noted a memo he received regarding slurry sealing. He stressed that the areas east of Main Street have never been touched; and noted that it is a low income area and is in desperate need. He stressed that the streets being slurry sealed are in areas with $100,000 homes; and expressed his disappointment that none of the older streets are being done. He indicated that it is the City's responsibility to do them as well. 6. Addressed the article in the newspaper regarding the 29 police officers in the City of Lake Elsinore and stated that he thought that included the Chief, sergeants and investigators as well as patrol officers. He noted that Lake Elsinore still has the highest crime rate in the area. 7. Commented on the Study Session regarding the watershed that impacts the Lake and noted that the storm - drains drain directly into the Lake. He stated that it is unfair to target the dairies, since so much of the water comes from local sources. He stated that we need to clean our own environment before we start pointing fingers at dairies since they have a hard enough time trying to make a living. 8. Addressed the CFD and stated that he voted to set the public hearing, however he is still trying to make up his mind. He noted that he understands what Mr. Gunn is doing, however he does not trust the developer. He stated that the developer has not put the money up and it is a waste of staff time. 9. Commented on the RDA and the losses that it is still experiencing. 10. Commented that the only reason that Main Street was done was because of the location of City Hall. He noted that if the City had built a new facility, it would have been behind the Community Center and it would have been Graham Avenue if City Hall had been moved. He noted the Mayor's comments regarding the Bonding for the Stadium and stated that it is up to } PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 28, 1998 $30,000,000 and the two payments on those bonds is more than was stated in the paper. 11. He noted that Lake Elsinore is not in compliance with the law regarding affordable housing, since the funds in the RDA have been committed until the year 2005 to pay off the bonds. He stated that in the paper, the Finance Director stated that the City is keeping track and the amount will eventually be repaid to the affordable housing account. He noted that in the same article, the Mayor states that the reason affordable housing was not built was because there was enough low income housing in the City. He stated that actually what the City has is slums; like Nashland which contributes 30% of the crime in the City, as well as Joy Street and East of Main Street, Spring and Heald Streets. He noted USA Properties and the quality of the project. 12. Submitted documents and a letter from his attorney which addresses Mr. Molendyk's contract and instructed the City Clerk to have the information available to the public and made part of the supporting records. He addressed several issues as follows: a. Vacation pay not acceptable according to the contract even through there is a supporting memo, it is still a breech of contract. b. Written documents do not support the position that Mr. Molendyk has the right to accumulate more than 24 days of vacation pay. He stated that Mr. Molendyk does not have any written document giving him this right. C. Written documents do not support the position that Mr. Molendyk has the right to accumulate additional vacation pay because he has demonstrated a good work attendance record pursuant to Section 3.8 of the Personnel Rule for employees of the City of Lake Elsinore. d. In conclusion in his opinion the written documentation supports the position that Mr. Molendyk was entitled to 24 days of vacation pay, no days of accrued sick leave and no days of accrued administrative leave as of March 25, 1997; further, Mr. Molendyk was under a duty to adequately inform each member of the City Council of all facts supporting any claim he made for vacation pay, accrued sick leave or accrued administrative leave in excess to those amounts stated above; He did not express an opinion as to whether or not the submission of the letter written by Mr. Molendyk and dated March 25, 1997, and the discussion that took place by reason of the submission and the subsequent City Council involvement violated provisions of the Brown Act; and gave a list of the documents he has submitted to the City Clerk. Councilman Alongi stated that Mr. Molendyk had a responsibility to the Council to keep them informed of the build up of his hours. He noted that PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 28, 1998 there have been competent Assistant City Managers on staff and the City would not have gone without supervision if Mr. Molendyk had taken vacation when he was supposed to. He further stated that this is a case of borderline, if not fraud, knowing that his contract did not allow him to accumulate hours. He stressed that there is no other document allowing Mr. Molendyk to accumulate more than any other employee of Lake Elsinore can, except for the Memo that was put together by Mayor Pape and Councilwoman Brinley and did not expose the other Councilmembers to the additional agreement and there was no other resolution brought before Council to approve additional payment to Mr. Molendyk. He noted that not only did he accumulate more than he should have, he was also going to accumulate more as he went along and that is wages no matter how it is sliced. He further noted that any other contract that is done is brought before Council, as was Mr. Molendyk's contracts in the past and this memo was not. He stated that he will not stand for the City to be ripped -off by anyone. 13. Noted a comment made by the Mayor regarding the Theater and the fact that it is not doing as well as expected. He stated that when the theater was proposed, the bank wrote the City and said it was not the proper place to locate the theater and stressed the need for a theater to sit in a shopping mall and act as an anchor in order to be a successful project. He further stated that is why the City had to subsidize the project. 14. Noted that Richard Knapp is an elected official and should have the right to stand at the podium and state what he feels is wrong with the CFD's. He indicated that the Mayor abuses his authority and may some day be sued for removing someone from the podium, because he has no grounds to take that action. 15. He noted that if the Council agrees and pays Mr. Molendyk, then they can be held personally responsible for the funds that are expended. Councilman Metze commented on the following: 1. Commented on Councilman Alongi asking questions of himself and getting the answers he wanted to get. 2. Complimented TMC and the Storm regarding the double header at the Stadium with the local high schools, and stated that it was a very nice community service. 3. Addressed the Municipal Advisory Committee for Cleveland Ridge and the statement that County services far surpass City services. He compared City services to County Services and suggested that in fact City services are superior. He asked the Advisory Committee to tell him what services are better. He addressed the comment regarding the people of Cleveland Ridge not being notified of the Sphere of Influence, however he noted that the Sphere of Influence has been in place in that area a lot longer than most of the PAGE NINE - CITY COUNCIL MINUTES - APRIL 289 1998 people that live there. He noted that Lakeland Village is being set up as a RDA and they will have to sell bonds and Cleveland Ridge will be in debt. He asked the Advisory Committee "Who do they think they are ", stressing that if the City were not cooperating, there would be no County children playing in City parks; the stop light on Central for the High School which is in the County. He asked why the MAC in Cleveland Ridge does not raise money to help support the Lake, since a large portion is in their area, however they complain and expect City cooperation without investing. Mayor Pape commented on the following: 1. Stated that the comments regarding the articles in the newspaper were not quotes and therefore were not comments that he made, but were a part of the article from the Reporter's view. 2. Stated that Council took a vote and it was 4 -0 to approve the agreement with Mr. Molendyk; and it was brought back to Council and a majority of Council continues to support the decision. He stated that in the future, prior to voting on an issue, maybe the Council should have the City Clerk check to be sure Councilman Alongi understands what he is voting on. CITY ATTORNEY COMMENTS 1. Announced that on May 11, 1998, 6:00 p.m. at the Cultural Center, 183 North South Main Street, there will be a scoping Session on the Alberhill Raceway Environmental Review Process to help prepare an Environmental Impact Report. She encouraged the public to attend. 2. Reminded Council that there is a Closed Session for the Public Finance Authority and they will have to adjourn to that Meeting. CLOSED SESSION None. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:20 P.M. A EST: UaJJ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE 6J X W. PAVE, MAYOR OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 269 1998 kxkkka'e at at �F x' xkk *>; kk *k kic kaF ie �'e d: 9e dex �'cx kx kx k *kaF x' $e ie 9e *k-'ex k *x kat it �': $e 9e 9; kkkxxkki; k CALL TO ORDER 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 Councilwoman Brinley. INVOCATION None. 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 Brady, Community Services Director Sapp, Police Chief Walsh, Assistant to the City Manager Best, Community Services Manager Edelbrock, Public Works Manager Payne, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS a. Proclamation - Motorcycle Awareness Month. (F:122.1) Mayor Pape read and presented the Proclamation to ABATE representatives. ABATE representatives thanked the Council for the Proclamation and noted that all cities in California have been asked to recognize Motorcycle Awareness Month. She noted that they will be drawing riders from all over Southern California for their annual rally to be held in Lake Elsinore this weekend. The representatives then presented the Mayor with a Certificate of Appreciation for the support of Motorcycle Awareness Month. b. Presentation - Neighborhood Pride Awards. (F:56.1) Marls Dennis, representing E.V.M.W.D. explained this locally sponsored PAGE TWO - CITY COUNCIL MINUTES - MAY 269 1998 program which is five years old; and noted that is intended as recognition of the best in the community. He stressed the intent to encourage superior property maintenance and the conservation of water resources. Community Services Manager Edelbrock advised that there were over 20 nominations this year, and all seven winners were present at this meeting for recognition. She thanked the judges, Frank Geyer, Rod Kaihara, Melanie Newman and Tammy Fruin. She noted that the City was divided into sections of like home within the Community and there are awards in each of those areas. She presented the award winners as follows: Area A - Hardscape - James & Zofia Ayers Area B - Hardscape - Roger & Patricia Miller Area B - Mixed Use - John & Leigh Ball Area D - Mixed Use - Carla Tryon & Diana Hughes Area E - Hardscape - Demetrios & Peggy Tragos Area E - Mixed Use - Robert & Lois Salchow Grand Prize - Mike & Susan Mayer C. Presentation - Skydive Elsinore. (F: 14.1)(X:56.1) Larry Noggle, noted that he purchased Skydive Elsinore in October of 1996 and has always had a goal of having a business they can be proud of. He provided an update on their progress to date and noted that the success of their business is due in part to the cooperation of other area businesses. He noted . upcoming events being planned and presented a framed plaque from the Golden Knights. He noted that the area businesses made this group feel so welcome they plan to return next year. Mr. Noggle presented the plaque to Mayor Pape and thanked the community for their support. Mayor Pape noted that the plaque includes a photograph, autographed by all of the Golden Knights team members. Mayor Pape noted that staff has been working to put together an awards program to recognize outstanding businesses in the City, who help create a positive image for the community. He advised that this will be a quarterly award, of which the first goes to Skydive Elsinore. He noted that there will be a perpetual plaque displayed in the lobby of City Hall and presented. an individual plaque for display at the airport. Mayor Pape noted the efforts of the airport to improve facilities, and increase the patronage and notoriety of the airport. Mayor Pape congratulated Mr. Noggle and presented him with the plaque. Mr. Noggle quoted Chuck Brown from the Golden Knights PAGE THREE - CITY COUNCIL MINUTES - MAY 26, 1998 saying "we have found our winter home "; and stressed that they intend to come back annually as the budget permits. PUBLIC COMMENTS - AGENDIZED ITEMS A request was received to address the following item and deferred to that discussion: Item No. 32. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Items Nos. 5, 61 7 and 8. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. I . The following Minutes were approved: a. City Council Study Session - April 2, 1998. (FA4.4) b. Regular City Council Meeting -April 14, 1998. C. Regular City Council Meeting - April 28, 1998. The following Minutes were received and ordered filed: d. Planning Commission Meeting - April 15, 1998. (F:60.3) e. Design Review Committee Meeting - April 15, 1998. (F:60.4) 2. Ratified the following Warrant Lists: a. April 30, 1998. (F:12.3) b. May 14, 1998.. 3 Received and ordered filed the Investment Report for March, 1998. (17:12.5) 4. Accepted assignment of the Communications Site Lease Agreement with Pacific Bell Mobile Services for McVicker Canyon Park. (F:68.1)(X:114.12) 9. Authorized staff to proceed with Notice of Vacancy and Advertisement for Applications for two Planning Commission seats. (17:60.2) PAGE FOUR - CITY COUNCIL MINUTES - MAY 269 1998 BUSINESS ITEMS 31. Amendment to Ordinance, Municipal Code Chapter 9.96 relating to Lake Regulations - Ordinance No. 1037. (F:92.1) City Manager Watenpaugh highlighted this item with regard to changes in the rules on the Lake to comply with the changes to the State code; and detailed the areas of change in the Harbors and Navigations Code. Councilman Alongi inquired whether modifications had been made to the noise ordinance with regard to boats. City Manager Watenpaugh indicated he was not certain, but would check on it. Mayor Pro Tem Kelley questioned the age limit for operating a boat. Community Services Director Sapp indicated that this action would raise it to 16 years old. MOVED BY BRINLEY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 1037 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADDING SECTIONS 9.96.220 AND 9.96.230 OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS:NONE ABSTAIN: COUNCILMEMBERS:NONE 32. City Council Policy - Palm Tree Removal. (F:120.1) City Manager Watenpaugh highlighted this item, and explained that the power lines restrict the height of these trees; so they go out and top the trees. He further explained that when palm trees are topped, the tree will die; and this is an attempt to preserve those trees at no added cost to the power company or City. He noted that offers have been made by landscapers to come in, remove them and give a token fee to the City and PAGE FIVE - CITY COUNCIL MINUTES - MAY 269 1998 turn around and sell them. He explained that the intent of this item is that when staff is notified that the power company will be topping trees, staff would have gone out to a request for proposals from developers or landscapers to remove those trees. He noted that part of the proposal would require removal and relocation of a tree for the City for every so many trees removed. He commented that there has been interest expressed by developers to move the trees and keep them in the community. He noted that the projected revenue is $50,000 for the coming year, but that figure is not really known, as it would vary from year to year. He further noted that this item would incorporate a monitoring program on the private property tree removal as well. He commented that seven or eight years ago there were a number of poachers of the trees on both public and private property. He stressed that this monitoring program would protect the private property owner as well. He indicated that staff will bring the RFP back to Council when it is completed. Dick Knapp, City Treasurer, disagreed with the proposed policy, indicating that he doesn't think it has gone far enough. He noted the trees which he believes are in the right -of -way and suggested that the power lines should be removed instead of the trees. He suggested that with regard to the fiscal impact the City would spend $50,000 if there were 3,000 trees to sell. He noted trees which were previously stolen and the money lost in those trees; and indicated that they have created a hazardous situation for children with the palm fronds. He indicated that they are not filling the holes properly, as they should be filled with D.G. and compacted. He suggested that staff should go back to the drawing board, and indicated that the City can only account for about 5% of the 3,000 trees and the rest are privately owned. He noted the need for insurance to cover the City if the contractor screws up. City Manager Watenpaugh indicated that those issues will be covered in the RFP, but the policy should not be a problem. Councilman Alongi questioned if this was only a matter of trees which interfere with the power lines. City Manager Watenpaugh clarified that this also includes sight line obstructions, ingress /egress, and power line right -of- ways. He questioned if there are two palm trees in front of a residence, in the right -of -way, can the property owner maintain them and trim them to prevent removal. City Manager Watenpaugh indicated if it is not a sight line problem, the City would maintain them. Councilman Alongi stressed that these trees are expensive, but he is looking for a way that when this Council is not sitting here, the trees will be protected. He indicated that not too many trees are interfering with power lines, but stressed that there are a tremendous amount of trees in the public right -of -way. He noted that Mr. Knapp brought up an interesting observation, as the City always seems to get sued. He expressed hopes that when the trees are removed that PAGE SIX - CITY COUNCIL MINUTES - MAY 26, 1998 inspectors would be present to ensure that proper compaction takes place when the trees are removed. He stressed that unless someone is there to enforce the requirements, there is generally going to be a problem. City Manager Watenpaugh indicated that he did not see any reason that stipulation could not be added to the Council Policy to include removal of palm fronds and filling and compaction of the holes. Community Services Director Sapp indicated that the RFP will require that a supervisor be on- site and require compaction of the soil; but offered the alternative of modifying the policy. Councilman Alongi inquired if there would be a fine imposed if the work was not properly inspected, and stressed the importance of assuring compliance to prevent a dangerous situation. City Attorney Leibold indicated that the contract would require appropriate insurance and compliance with the specifications of the work. Councilman Alongi indicated that he would like a fine included in the policy and stressed the need for an extreme fine, if they do not have it properly inspected. City Attorney Leibold indicated that it would be possible to include a penalty or liquidated damage clause in the contract. Councilwoman Brinley expressed concern that great caution is exercised in the private property situations; and would want verbiage to assure that staff would work with the property owners for a reasonable solution. Community Services Director Sapp indicated that they will have a surveyor out to verify that the trees are in the public right -of -way. Councilwoman Brinley stressed that she wants to assure that the City is user friendly. Mayor Pro Tem Kelley noted that the calls she has received on this item were based on the articles in the newspaper. She reiterated that the only the trees in immediate danger of being topped by the Edison Company would be removed. She stressed that the trees should be kept in the community wherever possible. She indicated that she felt the RFP would adequately cover the safety concerns. Councilwoman Brinley suggested that the motion include the additional requirements. Councilman Metze questioned if condition number 3 in the proposed policy would address the concerns. Councilwoman Brinley indicated that if a tree is on someone's private property, she doesn't want to see areas for argument. MOVED BY BRINLEY, SECONDED BY ALONGI TO APPROVE THE PROPOSED POLICY WITH MODIFIED CONDITIONS AS DISCUSSED. City Attorney Leibold requested clarification that the modified conditions involved insurance requirements and specifications for compaction. Mayor Pro Tern Kelley requested that staff be directed to work to relocate the trees within the City whenever possible. PAGE SEVEN - CITY COUNCIL MINUTES - MAY 269 1998 WITH THE CONSENT OF THE SECOND, THE MAKER OF THE MOTION AMENDED THE MOTION TO INCLUDE INSURANCE REQUIREMENTS, SPECIFICATIONS FOR COMPACTION AND THE DIRECTION TO STAFF FOR RELOCATION OF TREES WITHIN THE CITY WHENEVER POSSIBLE. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. ITEMS PULLED FROM CONSENT CALENDAR CR & R Annual Consumer Price Index (CPI) Increase for Refuse Collection. (F:68.1)(X:163.1) City Manager Watenpaugh noted that this is a procedural item, which is part of the contract in place since 1992. He advised that the 1998 -99 fees would increase by 20 cents per month. He noted that David Fahrion, President of CR & R was present to respond to questions. Councilman Alongi indicated that he pulled this item for a couple of reasons, one being to note that it was a very small increase. He thanked Mr. Fahrion and CR & R for doing a great job for the City of Lake Elsinore. He noted their extra efforts to meet the needs of the community, and thanked them for that service. He indicated that he would still like to see how they could make it possible to collect delinquent commercial accounts, in the same way residential accounts are resolved. MOVED BY ALONGI, SECONDED BY METZE TO CONFIRM THE APPLICATION OF NEW RATES FOR REFUSE PICK -UP, RECYCLING AND DISPOSAL, EFFECTIVE JULY 1, 1998. Mayor Pape noted that this is a housekeeping item, but indicated that he got a call with regard to mobile home parks, indicating that they do not have a lot of green waste. He suggested that a reduced rate be made available to those residents. He noted that in working with Mr. Fahrion and the City Manager, it looks like a reduction may be possible. Mayor Pro Tern Kelley supported the comments of Councilman Alongi; and noted that CR & R has been very generous with contributions to the FIT Committee. Mr. Fahrion noted that a reduced rate has been negotiated in some cases for mobile home parks; and would be happy to address those issues individually as they arise. Mayor Pape expressed appreciation for this consideration. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PAGE EIGHT - CITY COUNCIL MINUTES - MAY 269 1998 6. Award of Contract - 1997 -98 Slurry Seal Project - California Pavement Maintenance - $95,486.83. (F:156.1) City Manager Watenpaugh noted that the City has not done a lot of street repairs in the recent past, but is starting that process with this item. He noted that 17 contractors were contacted within the City and the surrounding area; 9 bid packages were purchased and three sealed bids were submitted. He detailed the bids submitted and the related inspection and contract costs. He noted that efforts are underway to reallocated funds from past years to get the annual street slurry seal program back on track. He further noted that staff is out to bid on the Mission Trail project. Councilman Alongi concurred with the intent of slurry seal, but indicated that there are streets which would not cause a problem, if they were not done. He specifically noted streets such as Gunnerson, Bromley and other dirt streets in that area. He stressed that there are a lot of streets which could wait until next year and shift the funds to other areas; and questioned whether the streets were chosen due to the income level of the people in those areas. MOVED BY ALONGI, SECONDED BY BRINLEY TO AWARD THE CONTRACT TO CALIFORNIA PAVEMENT MAINTENANCE IN THE AMOUNT OF $95,486.83. Mayor Pape reiterated that this was only for the slurry seal project, as part of the routine street maintenance program. He indicated that additional road repairs will be provided in the next year which could exceed $3 million of work. He further indicated that the areas chosen this year were felt to be very much in need of this maintenance, and noted that next year different streets and areas will be addressed. Councilman Metze suggested that staff explain how these areas were chosen. City Manager Watenpaugh indicated that it was part of the program initiated in 1988. He concurred that many streets are in need of substantial repairs and indicated that the balance of $30,000, will be rolled into additional projects. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 7. Resolution No. 98 -9 - Opposing Proposition 224 on the June 2 1998 State Ballot. (F:96.1)(X:60.1) City Manager Watenpaugh apologized for not bringing this item to a study session, but indicated that there has been a great deal of discussion of this PAGE NINE - CITY COUNCIL MINUTES - MAY 26, 1998 item. He explained the changes proposed by this Proposition, and noted that the area City Manager's are opposed to the State taking control of this area. Councilman Alongi indicated that he does not believe the Council should get involved in these propositions, although it is a good point, as he has heard the same discussion for six and a half years. He indicated that he is personally upset with the Proposition, but he is not sure what the real situation is. He noted that the last meeting was canceled and this would have been a good issue for discussion at that meeting. He stressed that this issue belongs to the people and suggested that it was out of place being on the agenda. HE indicated that he is opposed to the DMV tax issue under consideration and noted that if the tax is eliminated, it will hurt the City of Lake Elsinore. He suggested that sometimes we have to vote for things we don't believe in, and stressed that it is up to the public to decide what goes where. He indicated that he will not oppose this item, even if the rest of the Council opposes it, as there is not enough information to make that decision. Mayor Pro Tem Kelley indicated that this item is very pertinent for discussion by the City Council; as the slurry seal project was just approved by the Council. She stressed that under the Proposition it would have to go to the State for consideration and approval. She indicated that she was willing to support the recommendation. MOVED BY KELLEY, SECONDED BY BRINLEY TO ADOPT RESOLUTION NO. 98 -9: RESOLUTION NO. 98 -9 A RESOLUTION OF THE LAKE ELSINORE CITY COUNCIL OPPOSING PROPOSITION 224 ON THE JUNE 2, 1998 STATE BALLOT. Councilwoman Brinley noted that it would be time consuming it this approval process was the responsibility of the State. Mayor Pape indicated that this was an example of big government trying to grab a bigger portion of the pie, but he was uncertain what difference it would make, aside from harming local projects. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. Tuscany Hills Tract 17413 -7 - Landscaped Slope Easements on Lots 19, 22, 23 and 24. (F:160.2) PAGE TEN - CITY COUNCIL MINUTES - MAY 26, 1998 City Manager Watenpaugh explained this item and noted the impact of Proposition 218, which limited Lighting and Landscape Maintenance District funding possibilities. He further explained that an agreement has been worked out wherein several slopes will be dedicated back to the landscape maintenance corporation for maintenance. He detailed the location of the lots being considered for dedication; and stressed that this is a minimal way to have the slopes maintained. Councilman Alongi indicated that he pulled this item, because he doesn't see a reason to dedicate the property back to Tuscany Hills; as we have other properties which belong to the City and the property owners maintain the landscaping. He noted the potential that the City may want to do something with that property in the future; and suggested it was not necessary to turn the property over to someone else to allow them to maintain it. He indicated that he feels bad that they will have to accept that expense. Mayor Pape questioned who owns the property. City Manager Watenpaugh clarified that the City holds an easement for landscape maintenance, but the property is owned by the property owners. He noted past discussions regarding Summerhill Drive and Via Estrada with regard to not accepting any of those slopes, and stressed that it would not be in the City's ownership. Mayor Pape stressed that the property is owned by the home owners and the City cannot afford to fund maintenance. Mayor Pape indicated that the homeowners are doing a good job now. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO DEDICATE THE SLOPE EASEMENTS ON LOTS 199 22, 23, AND 24 OF TRACT 17413 -7 TO THE TUSCANY HILLS LANDSCAPE AND RECREATION CORPORATION; AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD THE DOCUMENTS. THE CITY COUNCIL MEETING WAS RECESSED AT 8:09 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:25 P.M. PUBLIC COMMENTS - NON- AGENDIZED ITEMS Frank Papasavas, 30381 Hill Avenue, commented on proposed House Bill 2439, which is a law to outlaw all two cycle engines on lakes. He recommended to Council that should this bill come to a vote, that they write a letter in strong opposition to this action. Mayor Pape asked that Mr. Papasavas give a copy of the Bill to the City Cleric to allow Council to consider the matter. Janet Williams, 15231 Washington Avenue, explained that they live in the PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 269 1998 Northlake Tract and Terra Cotta turns into Washington Ave. She noted the speeding problems that her area is experiencing, and noted the near death that occurred shortly after they moved into their home. She asked that the problem be 'addressed to make the area safer. Claude Williams, 15231 Washington Avenue, noted the danger on their street and asked that some type of method be used to slow traffic down to insure the safety of the children in the area. He stated that there are no speed signs in the area and the vehicles travel through the area at speeds reaching approximately 70 miles per hour. He noted the excuses that the police give, why they cannot address this issue. Mayor Pape asked that Mr. and Mrs. Williams talk with Chief Walsh regarding the problem. Harold Holland, 15610 Lake Terrace Drive, stated his concern regarding the conduct of Code Enforcement over banners for the First Baptist Church. He noted a sign that were left up after the last election and Code Enforcement's unwillingness to have that removed. He stated that Council needs to take a hard look at Code Enforcement and if Council wishes to enforce the codes, then do it. He noted the number of banners and illegal signs in the community that Code Enforcement has not addressed. He suggested that the City review the codes as they apply to non - profit organizations. He commended the different organizations in the community who help the poor. Leroy Tucker, 3532 Cherry Blossom Lane, addressed the proposed race track andquestioned if there would be work done on Lakeshore or Nichols Road. He questioned ingress and egress from the proposed race track. He noted the problem in the past with a proposed development and its failure because of the requirement for them to build a sewer facility to service their project. He asked if EVMWD will required the race track to provide a sewer facility. He noted the amount of people that could be attending events and asked what they will be done about waste. He asked that the developers have some of the race cars brought to the site and run their engines to allow the surrounding residents the opportunity to judge exactly how much noise they will generate. He addressed the problems that the residents will have with noise. Dick Knapp, City Treasurer, noted the condition of the State Park. He stated that there are squatters in the facility as well as weeds and trash. He questioned why Council and staff have allowed it to get in the condition that it is in. Donald Ketch, 505 N. Ellis St., questioned the lack of money in the City. He noted the amount of people using the Lake and the amount of businesses in the community. He asked that people stop arguing about money and get on with what should be done. Chris Hyland, 15191 Wavecrest Drive, read an article from the Perris Press PAGE TWELVE - CITY COUNCIL MINUTES - MAY 269 1998 regarding the expenditure of their City's funds and the amount that is being paid to Ron Molendyk the former City Manager. She stated she felt that Perris got off easy and noted the amount that was paid by this City to Ron Molendyk in the last year. She asked why his salary was not brought to open Council for vote and who authorized the checks to be paid. She further asked why a contract was not written stating the given amounts. She stated that it appears that Mr. Molendyk was kept on as a regular employee, even though he was suppose to be a contract employee for certain projects. She further stated that the tax payers of the City should ask for the resignation of Pape, Brinley and Metze. She stated that in her opinion this is fraud and someone should be held accountable. CITY MANAGER COMMENTS 1. Commented on the campground and stated that the City has not been doing a daily maintenance. He stated that it is going to be abated for weeds and the trees will be trimmed. He noted that in two weeks a proposal will be brought before Council to reopen the facility. He gave an overview of what was previously done to the facility. 2. Commented on the previous City Manager's retirement package that was agreed to and reaffirmed by Council and explained that it is not an unusual package that is given to someone who retires from top management. CITY ATTORNEY COMMENTS 1. Announced that there will be another Scoping Session under CEQA regarding the Lusk Proposal, Annexation, General Plan Amendment, Zone Change and Tentative Tract Map. She noted that the meeting will be held at 6:00 p.m., Monday, June 8, 1998, at the Cultural Center. She stated that the purpose of the Scoping Session is to help establish the parameters of the Environmental Impact Report in connection with Lusk Project. 2. Asked that an additional item be added to the Closed Session under Existing Litigation. She noted that the item is Elsinore versus Sportsman Lodge, Case Number 257164 and is currently in Trial. She stated that there is a need to up -date which occurred after the time of posting Agenda. She explained that with four- fifths approval the item can be added. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADD AN ITEM TO THE CLOSED SESSION AS FOLLOWS: EXISTING LITIGATION - CITY OF LAKE ELSINORE VERSUS SPORTSMAN LODGE - CASE NUMBER 257164. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 269 1998 1. Stated that he will not comment on Ron Molendyk, other than he paid for the investigation and it is up to the public to do as they see fit. He stated that he has too much respect for City Manager Watenpaugh and the City Attorney to get personally involved. He explained that he did not agree with the action and he feels that it is wrong, however it is up to the community to do something about it. 2. Hoped that Main Street has a good turn out on the first of the month at the Street Faire. 3. Thanked Public Works for the good job that they did on the alley's in the City. 4. Noted the calls he received from the people on and around Washington Street. He stated that Government moves pretty slow, however when the City makes a decision about that area, Council has to be sure it is the right one. He noted the Law Suit that the City was in where the lady was under the influence of PCP and the City was still held responsible for the damages, therefore we have to be very careful in regard to traffic control. He stated that he understands where the community is coming from, however the City still has to be very careful 5. Addressed the lack of money in the City and noted that this occurred because of some of the investments that Council made that were wrong. He stated that the City takes millions of their dollars and spends it on investors in the community that we are not suppose to be responsible for. He noted the cost of the Stadium and explained that the lake recreation does not produce the amount of income necessary to meet the debts that the City must take care of. 6. Commended staff for the job that they did with the meeting on the race track. He noted that the people that opposed the project were courteous to the people that were in favor of the project and vice versa. He criticized Mr. Foster's opinions and noted that the flier that was distributed was from one of the largest investors in the City. 7. Commented on an incident that occurred in his neighborhood where two ladies were taken from their home and shot to death. He stated that it is appalling. He noted that the reason he gets so angry is because the City takes it's dollars and spend it on the investors in this City as well as the Stadium. He further stated that the millions of dollars that the City has expended could have put a lot of police officers on the street, the police officers that we have are doing a good job, it could be made better with more. He noted that the incident could happen anywhere in the City because the bums know the type of coverage that this City has. He stated PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 269 1998 that this Council needs to recognize that Public Safety is it's number one duty to the community. 8. Noted that he visited a small town called McCloud in Northern California and went on a three hour dinner train ride and also went to a Fair in Chico. He stated that there was not one police officer at the Fair, but rather a bunch of Seniors who had Tee Shirts on that said "Authority ". He explained that they informed him that only called the police if there was a problem. He suggested that Main Street use a similar type of patrol because it would keep the sheriff's on the street instead of paying an armed officer when it is not necessary. 9. Announced that next month he will be going to another hearing at the Riverside Court and he and his attorney will be malting different motions. He stated that this Council does not control when he goes to court or when his case comes up. He stated that the Mayor will either be facing a felony charge or be sued for slander and then he can sit on the hot seat. Councilwoman Brinley commented on the following: 1. Addressed the crime that Councilman Alongi comment on. She stated that the case is still under investigation and it is suspected that one of the persons that was killed knew one of the perpetrators and there are still things pending that cannot be discussed at this time. She stated that it is a terrible thing to have happen in any City, however she felt that it is cause to consider and start treating each other with more respect. She stressed that it was not a random killing. 2. Addressed Mr. Ketch's comments and stated that the current Council inherited a lot of problems and as a consequence this Council has hired a financial team to address the issues and solve the financial problems of the City. She noted the steps taken by Council. 3. Noted that banners have always been an issue in the City and Planning Commission and Council have tried to address the issue fairly. She noted the problems that the City has experienced in the past and the efforts that Planning Commission and the Council have made to improve the appearance of the community and bring consistency to the issue, being fair to all. She noted that in the past there were banners put up in the City which hung for years which brought about the Code. 4. Commented on the City Campground and agreed that it needs to be addressed. She explained that we are now setting a new budget and she hopes that the City will be able to bring the Park back up to standard. 5. Noted the concerns regarding Washington Avenue and spoke in favor of PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 26, 1998 traffic control. 6. Invited the citizens to know their community better by visiting City Hall and researching their questions with information available and staff assistance. 7. Congratulated the people who participated in Community Pride and commended them for a job well done. Announced the Mini Grand Prix, sponsored by the Chamber of Commerce on June 6, 1998 at 7:00 a.m. She further announced that there will be a kick -off barbeque on June 3 at the Road Runner, and will cost $10.00 per person. Mayor Pro Tern Kelley commented on the following: Announced the mixer for the Chamber of Commerce, this Thursday at Inland Valley Hospital at 5:30 p.m. 2. Announced that the Library is still moving forward and the ribbon cutting will occur sometime in July, with the Grand Opening in September. Encouraged everyone to attend the Grand Prix. -.4. Announced the Temescal Canyon High School "Safe and Sober Grad Night". She stated that it will be inside the new main gym and the theme will be Grad Knight. The facility will be open to the public on June 12, 1998, 5:00 to 7:00 p.m. to see the sets that were used. Ask for a consensus from Council to pursue forming an Arts Council. City Attorney Leibold suggested that Mayor Pro Tern Kelley work with the staff to place an item on the next agenda for a formal action from Council. Mayor Pro Tem Kelley agreed. She stated that she is setting small goals for the beginning and it will start with a concert in the park. Councilman Metze commented on the following: 1. Assured Mr. Tucker that the race track is a long way from being done and approved. He noted that there are still many things that need to be addressed in the Environmental Impact Report. He encouraged the people to attend the meetings regarding the race track to state their concerns so that the City has the opportunity to see that they are mitigated. 2. Addressed Horsethief Canyon Homeowners Association and stated that he did receive their letter and made sure that it was forwarded on to the appropriate people. PAGE SIXTEEN - CITY COUNCILMINUTES - MAY 26, 1998 Noted that he is also tired of the people who want to stop economic growth in the City, however it seems to be the same three or four people who do the complaining. Mayor Pape commented on the following: Addressed the illegal signs and banners. He noted that Code Enforcement does try to contract the businesses and organizations to try and get them to comply, however after their efforts have been exhausted, they will issue a written warning and if the owner still hasn't complied, then they will cite them with a ticket. He further noted that the first fine is $100, then the second time it is $250 and goes up to $500. He stated that Code Enforcement does try to work with the owners first prior to taking stronger action. He explained that this situation does tend to get out of hand at this time of year due to the Weed Abatement program, however Code Enforcement does try to keep up with the program. He noted that at this time the City has one full time Code Enforcement Officer and one part time Code Enforcement. He stated that Council is trying to create two full time Code Enforcement Officers in the Budget so the City can have someone to cover on the weekends. 2. Noted that with the new budget, Council is going to attempt to do the clean - up work at the Campgrounds and partially open it up for camping and as that generates income we can open up more spaces. 3. Addressed the flier that put out on the race way and noted that the flier was not signed, so the resident cannot be blamed for not knowing who generated the flier. Noted an article in the Press Enterprise regarding the crime rate and further noted that it has gone down in the last three years by 56 %. He commended Chief Walsh and all the officers. He encouraged them to keep up the good work. 4. Commented on former City Manager Molendyk history with the City and noted that he stated with the City over 13 years ago and when he started with the City he did not have a contract. He explained that this was done to give the Council that was seated at that time the opportunity to see if he was going to work out. Mayor Pape noted that Mr. Molendyk's job was totally at the will of Council, therefore he made a choice to accrue his sick leave and vacation to secure his future should Council decide that they did not require his services. He explained that Mr. Molendyk took his action to be able to support his family until he could find another position. Mayor Pape noted that the Council was aware of this action and did not have. a problem with it. He noted that there was money allocated in the budget each year to cover the accrual which was approved by the Council's of that time. He PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 269 1998 cited the memo to the Finance Director from the Assistant City Manager which states that the City Manager is exempt from personnel policies and works at the will of the Council. Mayor Pape explained that under these conditions it is not appropriate to deny Mr. Molendyk his hours of vacation and sick leave. He stated that he is not sure what Councilman Alongi is hoping to accomplish with this issue, however he felt that perhaps Councilman Alongi is doing this to cover his own actions. He noted the FPPC findings on Councilman Alongi and explained that he was found guilty of four counts of Conflict of Interest which he is appealing. Mayor Pape noted that Councilman Alongi is now going to trial on 16 Counts called out by the Grand Jury. He explained that if Councilman Alongi is found guilty of only one of the charges he cannot serve on a jury and noted how odd it is that Councilman Alongi's followers do not bring that fact up. He noted that Councilman Alongi stated to the City Manager and his face that he did not care about the community, but was going to get what he wanted. Mayor Pape stated that if it seems that he is upset tonight, he is, because he is tired of certain people constantly twisting the truth and flat out lying. He further stated that he would like to think that people elected to public office are doing thing in the best interest of their community and when issues come to light that show that it is not true, it is hard to accept. He stated his opinion of Councilman Alongi's ethics. Mayor Pape commented that he hoped the issues would be taken care of soon and these experiences can be placed behind and the community can move on with more positive things. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision ( a) of Section 54956.9): Koliber vs. Elsinore Valley MWD, et al - Case #217976 Harvey & Page, et al. vs. Elsinore Valley Municipal Water District, et al. - Case #215768. Williams & Hasson vs. City of Lake Elsinore - Case #257165 /Williams vs. City of Lake Elsinore - Case #257162 Reichard vs. City of Lake Elsinore, et al. - Case #263258 City of Lake Elsinore vs. All Persons Interested (LAFCO) - Case #311942. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision ( b ) of Section 54956.9 (1 Case). PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY 269 1998 C. CONFERENCE WITH LABOR NEGOTIATOR - United Public Employees of California, LIUNA Local 777. City Attorney Leibold announced the above listed existing litigation and requested the addition of Lake Elsinore vs. Sportsman's Lodge; and noted the case of Anticipated Litigation and Conference with Labor Negotiator. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:31 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 11:05 P.M. WITH THE FOLLOWING REPORTED ACTIONS. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9): Koliber vs. Elsinore Valley MWD, et al - Case #217976 SPECIAL LEGAL COUNSEL PROVIDED A STATUS REPORT TO THE .CITY COUNCIL AND BY A 5 -0 UNANIMOUS VOTE THE CITY COUNCIL CONTINUED THIS ITEM TO A SPECIAL CLOSED SESSION ON JUNE 3,1998. Harvey & Page, et al. vs. Elsinore Valley Municipal Water District, et al. - Case #215768. SPECIAL LEGAL COUNSEL PROVIDED A STATUS REPORT TO THE CITY COUNCIL AND BY A 5 -0 UNANIMOUS VOTE THE CITY COUNCIL CONTINUED THIS ITEM TO A SPECIAL CLOSED SESSION ON JUNE 3,1998. Williams & Hasson vs. City of Lake Elsinore - Case #257165 /Williams vs. City of Lake Elsinore - Case #257162. SPECIAL LEGAL COUNSEL PROVIDED A STATUS REPORT Reichard vs. City of Lake Elsinore, et al. - Case #263258 City of Lake Elsinore vs. All Persons Interested (LAFCO) - Case #311942. SPECIAL LEGAL COUNSEL PROVIDED A STATUS REPORT TO THE CITY COUNCIL AND BY A 5 -0 UNANIMOUS VOTE SUPPORTED LEGAL COUNCIL TO RECOMMEND TO THE JOINT POWERS INSURANCE AUTHORITY TO FILE POST TRIAL MOTIONS AND APPEAL. City of Lake Elsinore vs. Sportsman's Lodge. SPECIAL LEGAL COUNSEL PROVIDED A STATUS REPORT. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 269 1998 LITIGATION (Initiation of litigation pursuant to subdivision ( b ) of Section 54956.9 (1 Case). DIRECTED LEGAL COUNSEL TO PURSUE SETTLEMENT NEGOTIATIONS BY A 5 -0 UNANIMOUS VOTE OF THE CITY COUNCIL. C. CONFERENCE WITH LABOR NEGOTIATOR - United Public Employees of California, LIUNA Local 777. THE CITY COUNCIL CONTINUED THIS ITEM TO A SPECIAL CLOSED SESSION MEETING ON JUNE 3,1998, BY A 5 -0 UNANIMOUS VOTE. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:08 P.M. EVIN W. PA E, MAYOR CITY OF LAKE ELSINORE ATTEST: r, L VICKI KASAI), CI Y CLERK CITY, OF LAKE ELSINORE MINUTES ADJOURNED CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, JUNE 39 1998 The Adjourned City Council Meeting was called to order by Mayor Pape at 4:14 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold and City Clerk/Human Resources Director Kasad. THE ADJOURNED CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 4:15 P.M. FOR DISCUSSION OF THE FOLLOWING ITEMS: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) (F:52.1) Koliber vs. Elsinore Valley Municipal Water District, et al - Case #217976 Harvey & Page, et al. vs. Elsinore Valley Municipal Water District, et al. - Case #215768. B. CONFERENCE WITH LABOR NEGOTIATOR - United Public Employees of California, LIUNA Local 777. (F:116.2) THE CITY COUNCIL MEETING RECONVENED AT 5 :25 P.M. WITH THE FOLLOWING ACTIONS REPORTED: A. THE CITY COUNCIL DIRECTED SPECIAL LEGAL COUNSEL IN CONNECTION WITH SETTLEMENT NEGOTIATIONS ON THE IDENTIFIED EXISTING LITIGATION, BY A 5 -0 UNANIMOUS VOTE. PAGE TWO - ADJOURNED CITY COUNCIL MEETING - JUNE 39 1998 B. THE CITY COUNCIL DIRECTED CITY LABOR NEGOTIATOR IN CONNECTION WITH THE 1997 -99 CONTRACT FOR REPRESENTED EMPLOYEES, BY A 5-0 UNANIMOUS VOTE. a THE ADJOURNED CITY COUNCIL MEETIN WAS ADJOURNED AT 5:26 P.M. / n 0 v W. PAPE, MAYOR OF LAKE ELSINORE 0 VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA FRIDAY, JUNE 59 1998 The City Council Study Session was called to order by Mayor Pape at 9:42 a.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: ALONGI Also present were: City Manager Watenpaugh, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Assistant to the City Manager Best, City Engineer O'Donnell, Recreation & Tourism Manager Edelbrock, Public Works Manager and City Clerk Kasad. A. Budget (F:30.1) Mayor Pape noted the intent of this meeting and initiated a page by page review of the proposed budget. He noted the addition of new positions and additional funding for economic development. He commented on information received yesterday in a meeting with staff regarding a proposed retail project, particularly noting the need for new demographic and traffic count data to facilitate projects. He stressed the need to update those numbers and prepare brochures to assist businesses interested in coming to the community. City Manager Watenpaugh concurred and noted that staff is working on interim numbers to assist the developers. Councilwoman Brinley stressed that the brochures are out of date. Mayor Pape noted a study paid for by the developer and stressed the need for accurate numbers. Mayor Pro Tem Kelley questioned the status of the business survey being done in conjunction with the Chamber of Commerce and when results can be anticipated. Larry Regis, representing the Chamber indicated that the surveys are coming back in and follow -up work is proceeding. Assistant to the City Manager Best indicated that 25 surveys were returned yesterday alone. Mayor Pro Tern Kelley questioned the responses received so far. Ms. Best indicated that there has been only cursory review of the surveys, but a meeting is scheduled for Monday, June 8th to address them more thoroughly. She noted that the early responses appear to show a large amount of planned expansion of existing businesses, and indicated that they are hoping for at least a 10% response to the 1,200 surveys mailed out. PAGE TWO - CITY COUNCIL STUDY SESSION - JUNE 59 1998 Councilwoman Brinley noted that on the positive side there may be some RDA funds coming in for a positive return pending the results of a lawsuit; and noted that things are looking very good. Councilman Metze inquired whether funds were budgeted for sponsorship of the local EDC; and noted that the City has been approached by neighboring cities for regional efforts in connection with the economic gardening approach. He expressed support for the local EDC to participate with Temecula and Murrieta. Councilwoman Brinley indicated that we are presently on the verge of a joint effort with those cities to look at development in the I -15 corridor. City Manager Watenpaugh noted the employee count for the Police Department and advised that it includes the Chief, Lieutenants and all full time equivalents. He further noted that the City's violent crime statistics have dropped 56% in the last three years. Mayor Pape questioned "transfers in" on page 4. Administrative Services Director Boone clarified where those funds originate. Councilman Metze noted that those funds are specific to certain things. Mr. Boone confirmed that those funds are primarily directed to public works street maintenance. Mayor Pape noted the small projected sales tax increase and inquired whether it would include the impacts of the two new gas stations and Lake Chevrolet. Mr. Boone confirmed that those businesses were factored in for next year. Councilwoman Brinley inquired whether revenue figures had been received from Lake Chevrolet yet. City Manager Watenpaugh indicated that those factors are not known yet, but from a sales perspective it has been better than anticipated. He advised that the Ford dealership is in the process of closing on its property adjacent to the Chevrolet site, and staff is working with them to facilitate opening by March of next year. Mayor Pro Tern Kelley questioned the "sale of property" on page 7. City Manager Watenpaugh indicated that property is being accumulated in the Spyglass Ridge/Ramsgate projects and they have asked to purchase 4 acres from the City. Councilwoman Brinley questioned the changes on replacement page 8. City Manager Watenpaugh clarified that the projections for revenue have been corrected; and detailed the anticipated budget and adjustments. Mayor Pape noted that the Police Services portion is about 38% of the City's revenues. �( He also noted the elimination of the transfer to the Stadium Councilman Metze noted that the 38% figure does not include the Fire Services funding. Mayor Pape noted the estimates for 1997 -98 vs. 1998 -99, and questioned the changes in the City Council, City Clerk and City Manager budgets. City Manager Watenpaugh indicated that those were a result of one time expenditures and the lack of an election in this budget year. Mr. Watenpaugh also noted that the Planning Commission has not done any travel this year, so the proposed allocation has been reduced. Councilman Metze noted that a lot of Planning Commission meetings did not occur in the last PAGE THREE - CITY COUNCIL STUDY SESSION - JUNE 59 1998 year. City Manager Watenpaugh noted some numerical corrections for Senior Center, and indicated that the final dollar amount will not match the replacement page. Mayor Pape addressed page 9, noting the controversial motor vehicle in -lieu fee and the projected revenue which could be lost. Councilman Metze noted that this legislation was moving forward, but that does not mean that the State will give back money. He noted the surplus amount at the State and the amount taken away from local governments in recent years; and stressed the need to find a means to backfill those funds. Councilwoman Brinley noted that she would like to know why the money is not returned from the surplus. City Manager Watenpaugh noted that there are ongoing discussions about backfilling, but no guarantees. Mayor Pape noted that he saw Assemblyman Rod Pacheco and discussed this matter; and there is an assembly bill that would make it a constitutional amendment to backfill the money for the cities. He stressed it was his intent to include that amendment with the other bill. Councilman Metze stressed if the backfill is not guaranteed, he would want them to explain to the constituents, why services have been cut. Mayor Pape indicated that he is working with Assemblyman Haynes to have him come to the City to provide information on a regional basis. Councilman Metze stressed that the City is constantly called on the carpet, in spite of the fact that other levels of government have impacted the City's finances. Councilwoman Brinley supported the open forum format with State elected officials. Councilman Metze stressed that residents don't interact with the State representatives like they do local elected officials. Mayor Pro Tem Kelley noted that there is nothing budgeted for the Juried Arts Show, but the Cultural Arts Commission proposal will be on the agenda for Tuesday. Mayor Pro Tem Kelley addressed page 14 of the budget relating to the City Attorney and commended the work she has done for the City. The other Councilmembers concurred and expressed their appreciation for the City Attorney's efforts. Councilwoman Brinley stressed the review of existing contracts which has been done in addition to the Stadium Lease agreement and ongoing litigation. City Manager Watenpaugh pointed out that a lot of the pending litigation is now in court and taking a substantial amount of time. Mayor Pro Tem Kelley questioned the reduction in Community Promotions on page 15. Staff clarified that the reduction was due to the lack of elections this fiscal year. Administrative Services Director Boone noted that insurance on the Stadium is the biggest increase on page 21, and clarified the increased cost. Mayor Pape addressed page 23, regarding law enforcement; and inquired if the proposed budget was adequate to keep pace with the current efforts. PAGE FOUR CITY COUNCIL STUDY SESSION - JUNE 59 1998 Police Chief Walsh confirmed. Councilman Metze questioned page 25 and questioned the increase for Community Development. City Manager Watenpaugh indicated that the anticipated increase is because the Director's position will be filled for an entire year. Mayor Pape noted an increase in the Code Enforcement budget and questioned if it was for weekend coverage. City Manager Watenpaugh confirmed. Councilwoman Brinley indicated that it was a priority of the Council to have a Code Enforcement Officer available on weekends. Councilman Metze noted that he constantly heard more about Code Enforcement and Graffiti removal than any of the other services which have been cut. Mayor Pape concurred that these were highly visible programs. Councilwoman Brinley concurred that the graffiti program was sorely missed; and commended the Chamber of Commerce for their efforts to assist with graffiti removal. Councilman Metze suggested promoting the Chamber effort further, as several peop'_e have indicated a willingness to assist. Councilwoman Brinley indicated that some of the Code Enforcement problem areas are flower vendors at various locations and ice cream trucks. She stressed the need to be sure that the ice cream trucks are licensed. Mr. Boone indicated that there are three licensed in the City. Councilwoman Brinley questioned page 29 and funding for the web site. City Manager Watenpaugh indicated that the web site is in transition. Councilman Metze expressed appreciation for the volunteer efforts going into the web site to get it up and running. He noted that this puts the City ahead of a number of larger cities. Councilwoman Brinley expressed appreciation for what is already in place and the access to information it provides. Mayor Pape questioned the ability to place the City Council Agendas on the web site. City Manager Watenpaugh confirmed that this would occur when the site is operational. City Manager Watenpaugh noted that page 30 includes the reinstitution of the engineer position. Mayor Pape questioned the public works increases on page 31. City Manager Watenpaugh indicated that there are only standard increases on page 31, but page 32 shows he addition of the maintenance position. City Manager Watenpaugh noted that page 33 reflects reimplementation of the Park program at '/2 operations level. He clarified the level of maintenance and staff factors, and indicated that staff will try to increase the level of service during the hot summer months. Mayor Pro Tem Kelley questioned how operations are working with the user groups. Community Services Director Sapp indicated that it is working well and they have been very cooperative. Councilwoman Brinley suggested that the Council publicly thank the groups for their assistance and work to keep the parks PAGE FIVE - CITY COUNCIL STUDY SESSION - JUNE 59 1998 looking nice. Councilman Metze indicated that even at a half service level, the City is in better shape than some cities. Mayor Pro Tem Kelley questioned the arrangements for the Girls Softball concession stand. Mr. Sapp indicated that there has been preliminary discussion, but he is not certain of the present status. City Manager Watenpaugh pointed out that the one area of complaint relates to keys for use of the restrooms, when the designated key person does not get there to open them. Councilman Metze inquired whether the lighting situation has been taken care of. Mr. Sapp confirmed. Mayor Pro Tem Kelley inquired whether there were any big tournaments coming up. Mr. Sapp indicated he was not aware of any at this time. Mayor Pape noted the replacement for page 39. Mayor Pro Tem Kelley questioned the increase in employee cost. City Manager Watenpaugh indicated that the figure presented includes benefits. Councilman Metze noted that LEAF provides great service to the community, and indicated that it would be nice if the City could manage to fund more. Mayor Pape noted the reserve balance by next year as detailed on page 43. City Manager Watenpaugh clarified the figures for the end of this fiscal year and the 1999 fiscal year. He noted that the need for services outweighs the actual services at this time. Councilman Metze further questioned the figures. Administrative Services Director Boone further clarified the reserves. City Manager Watenpaugh reminded the Council of the $1.1 million payment due in the year 2000. City Manager Watenpaugh noted the goals and objectives for current fiscal year on page 44; and indicated that staff will return with new goals and objectives for next fiscal year. Councilman Metze commended the presentation of the goals and accomplishments. Mayor Pro Tem Kelley noted the success of the efforts to correct the RDA deficit. Councilman Metze noted that the City Attorney has already become familiar with existing contracts and is working to correct problems as they come up. Mayor Pape noted that the most exciting information on page 44 is the deficit reduction for the RDA; and suggested with the continuance of the current revenue trend in the next year it should balance out. Councilwoman Brinley thanked the RDA Board for the diligent efforts to solve the problems in the RDA. Councilman Metze pointed out that the numbers do not reflect the sales tax revenue increases generated by RDA projects, such as the car dealerships. He stressed that the RDA does generate sales tax. Mayor Pape inquired, with the projects coming on line next year, whether the account would be balanced out the next year. Mr. Boone indicated that he sees the RDA increment, as ready to jump. Councilman Metze noted that there is a lot of new construction in the RDA areas. Mr. Boone confirmed and noted that the number will be known for sure in August, and he will bring information to the Council. Councilwoman Brinley stressed the potential for positive changes to the RDA PAGE SIX - CITY COUNCIL STUDY SESSION JUNE 511998 in the coming year, noting that it is beginning to see the light at the end of the tunnel. Mr. Boone noted that the RDA had lost of $' /z million in tax increment, but expressed belief that it would come back. Mayor Pape suggested that it might be appropriate to do a mid -year budget review. Councilman Metze questioned whether increases in property tax and State transfers would impact the RDA, and stressed that he would not want to see the RDA take the hits. Administrative Services Director Boone indicated that the RDA did in the past, have to fund $1 million to the State. City Manager Watenpaugh indicated that the budget might need to be reviewed earlier than mid -year, as Mr. Gunn is nearing completion on some of the funds. He noted that it will be necessary to look at the RDA rather than the bond pools. Councilwoman Brinley noted that the RDA inherited a big problem and is working through it. Mayor Pro Tem Kelley questioned page 45 with regard to the management plan for the watershed and questioned the status. City Manager Watenpaugh indicated that direction has not yet been given to proceed. Mayor Pro Tem Kelley questioned the campground. City Manager Watenpaugh noted restructuring the bond debt using the lake as a funding mechanism to pay off bonds. He clarified the limitations and noted that the City could either pay a flat rate or run the campground itself. Mayor Pro Tem Kelley questioned the lake concession issue for the slalom course. City Manager Watenpaugh indicated that proposals were requested and two were received; Ms. Nanette indicated that it was not economically feasible, but Mr. Sacks is looking at a program to provide a slalom course. Councilman Metze expressed concern for shared use of the channel. Mr. Watenpaugh indicated that sharing the channel is not a problem, but they must provide insurance to cover the City. He explained that as concessionaire, Mr. Sacks would cover the City for any liability on the slalom. Mayor Pro Tem Kelley questioned efforts to get food concessions for the Lake. Mr. Watenpaugh indicated that nothing is in place yet. Mayor Pro Tem Kelley questioned the timing for opening of the levee for pedestrian access. Mr. Watenpaugh indicated that staff is in the process of purchasing signs and looking at grants to fund improvements. He indicated that signs are needed every 300 feet to prevent trespassing on private property. Mrs. Kelley questioned compliance with the new laws for dust control. Mr. Watenpaugh indicated that the Water District would be responsible for dust as they would be using vehicles to make access to the wells. He suggested that if a grant is obtained, staff might look at using Magnesium Chloride to bind the dust. Mayor Pro Tem Kelley inquired whether EVMWD would contribute to this effort. Mr. Watenpaugh indicated that they have no interest in doing so. City Manager Watenpaugh noted the Economic Strategy, previously adopted by the Council and noted the support and assistance provided by the Chamber of Commerce in this area. He noted that the City of Chino and others are looking to develop a similar program. Councilman Metze noted that this PAGE SEVEN - CITY COUNCIL STUDY SESSION - JUNE 59 1998 effort is directly responsible for contacts by Murrieta and Temecula. Mr. Regis noted that the success is due to the tremendous cooperation between the City, the Chamber of Commerce and the business community. Mayor Pro Tem Kelley questioned the "park ranger program". City Manager Watenpaugh noted that there was a desire to move forward on this program, but the budget was eliminated so it was difficult to proceed. Councilwoman Brinley suggested finther review of this program. Mr. Watenpaugh concurred and noted that it is generally good for graffiti prevention, etc. Mayor Pape questioned the "note" for which the RDA is responsible. Mr. Boone confirmed that this was a one time payment, and expressed hopes that the bonds could be redone prior to this note coming due. Councilwoman Brinley indicated that she believes it should be done in time. Mayor Pro Tem Kelley questioned page 52 regarding the Outlet Center infrastructure payment of $107,000; and questioned how much the Outlet Center generates for the City coffers. Mr. Boone indicated that it generates about $800,000 per year in sales tax and $250,000 per year in property tax.. Mayor Pro Tem Kelley questioned if the expansion was still planned. Mr. Watenpaugh indicated that the expansion was shelved for assessment of the situation by the new owners. Mayor Pape questioned page 54 regarding lawsuit settlements, and whether any excesses would be used for future debts of the RDA or to reduce the City's contribution. Mr. Boone indicated that it would depend on the figures which are received in August and any possible offsets. City Manager Watenpaugh clarified the LLMD and Lake Park and Recreation Fund budgets. He noted that $200,000 was included for the campground. He clarified that with the LLMD, the account is a push, in that what comes in, goes out; but noted the potential for an increase in that fund with new residential units. Councilman Metze stressed that there would be no increase to existing homes.. Mayor Pape noted the reference to Mission Trail on page 68. Mr. Watenpaugh advised that Mission Trail is currently out to bid and should be awarded the first meeting in July, with work beginning about the end of July. Mayor Pape questioned the timing for Spring Street. Mr. Watenpaugh indicated that it would probably begin in September. He noted that the City Engineer has spent a lot of time in court, so an additional engineer is being recruited to facilitate projects such as this. Mayor Pape questioned the potential for packaging multiple projects to obtain better prices. City Engineer O'Donnell confirmed that lower unit prices could be obtained, but because of separate funding sources there could be a problem with packaging them. He noted the potential for use of FEMA funds to improve Spring PAGE EIGHT - CITY COUNCIL STUDY SESSION - JUNE 59 1998 Street, and stressed the limitations of federal requirements and regulations. Mayor Pape questioned the start date for Spring Street. Mr. O'Donnell indicated that realistically is would be about October 1st, but noted the potential problems of the rainy season. City Manager Watenpaugh suggested that an updated schedule of projects be provided with the final budget approval. Mayor Pape stressed the importance of keeping the public advised of pending projects so they can avoid construction areas and keep advised that the problem areas will be corrected. Councilwoman Brinley inquired whether utilities would be advised of upcoming street projects so they can complete any of their projects prior to the improvements by the City. She indicated that she was tired of the City putting out good money for a job and the utilities coming through and damaging it. Mayor Pape questioned the status of ordinance revisions in this area. Mr. Watenpaugh noted that some problems were encountered in L.A. which are being reviewed, and noted that they are currently in court, but no decision has been made. Mayor Pape questioned whether it would be better to require curb to curb improvements. Mr. Watenpaugh stressed the requirement for establishment of a nexus for such requirements. Councilman Metze stressed his concern that within a couple of years the streets are a mess again. Mayor Pape questioned the timing for Chaney Street improvements. Mr. Watenpaugh indicated that work is underway on the design now, and right -of- way review is proceeding. Mayor Pro Tem. Kelley questioned the Mission Trail status with the County. Mr. Watenpaugh indicated that discussions for agreements are underway and staff is currently looking at design and right -of -way. Councilwoman Brinley questioned the Casino Drive Bridge and whether it impacts the proposed new car agency. Mr. O'Donnell indicated that the bridge might be down to one lane in each direction, but should not impact the dealership. Mayor Pape questioned the status of the Dexter Avenue traffic signal. City Engineer O'Donnell indicated that Caltrans approval is nearly complete to allow the design to move forward; but it is now necessary to work with Burger King to place the improvements concurrently. Mayor Pro Tem Kelley inquired if the Burger King project was moving forward. Mr. O'Donnell indicated that he was trying to set up a meeting with them to focus on how quickly the work can be done. Mayor Pape inquired if there was in fact a lack of water for construction. Mr. Watenpaugh clarified that they just need to pay for a booster pump to get the project going. Mayor Pro Tem. Kelley stressed the danger of that intersection. Mr. Watenpaugh stressed that the City has limited control of the project, as Caltrans is the lead agency. Mr. O'Donnell indicated that staff is nearing agreement on the project, but noted if the signal was installed today, it would need to be moved. Mayor PAGE NINE - CITY COUNCIL STUDY SESSION - JUNE B, 1998 Pape requested a memo updating the status. Mayor Pro Tem Kelley questioned the plans for a four way stop at Collier /74. Mr. O'Donnell indicated that there are presently no plans. Mr. Watenpaugh noted that the new property owners are looking to move forward based on new demographics and traffic counts. Council discussion ensued with regard to traffic concerns at this location. Mr. Watenpaugh stressed the need for new demographics to proceed with development at that location. City Manager Watenpaugh noted the Measure A fund information on pages 69 and 70. Mayor Pape questioned the status of traffic signal planning for the intersection of Riverside Drive/Lincoln Street. Mr. O'Donnell indicated that he was not sure of the status, but there was a question about the entrance to the Campground, which varies the level of payment the City would be obligated for. Mayor Pape noted that this signal would be a huge benefit to that area. Mayor Pape noted the additional pages regarding the graffiti program and the Community Center. He inquired whether the roof was leaking at the Community Center. Staff confirmed that moisture was causing damage to the flooring and walls. Mayor Pape inquired if there was potential that additional damage would occur if the roof was not repaired this year. Staff concurred that this would be helpful in preventing further damage. Mayor Pro Tem Kelley noted that the air conditioning units are non - existent. Public Works Manager Payne indicated that if the roof are repaired the air conditioning units should be replaced at the same time. Community Services Director Sapp noted that part of the leakage problem is the way the air conditioning units are situated on the roof. Mr. Watenpaugh suggested removing the air conditioning units and replacing the roof to prevent further damage. Councilman Metze noted preliminary discussions with the Sheriff's Department and inquired if repairs to the Community Center would impact those plans. He expressed concern with spending the money and finding out that the Sheriffs Department is ready to proceed with their project. There was general Council discussion and consensus that the roof should be replaced to prevent further damage, and air conditioning replaced if adequate funds are available. . City Manager Watenpaugh noted the Main Street Program summary page and indicated that it was incorporated as part of the proposed budget. He noted that staff would be providing information on ongoing maintenance costs, aside from the slurry sealing which would be coming out of the annual program. Council questioned the tree lights and the estimated costs. Mr. Watenpaugh clarified the costs. Councilwoman Brinley noted the aesthetics of the lights and the enjoyment by people on Main Street; suggesting that the City work with local businesses on a fundraising effort with matching funds. There was general discussion of potential funding sources for the tree lights. Mayor Pape stressed the need to keep the investment in good repair. PAGE TEN - CITY COUNCIL STUDY SESSION -JUNE 5, 1998 Councilwoman Brinley noted the importance of replacing the parts of the package which were originally included. Mayor Pape stressed that this is work which has not been done for years. There was fir ther discussion of light replacement and funding sources. City Manager Watenpaugh noted the Campground budget and recommended an allocation of $200,000 and noted that volunteer groups are willing to assist with the park cleanup. Councilman Metze inquired what that allocation of funds would buy. Community Services Director Sapp indicated that it would restore 151 camp sites and two group areas. Mayor Pape questioned the requested $300,000 budget vs. the recommended $200,000 budget and what would be cut. City Manager Watenpaugh noted that the original request also considers requested CDBG funds. There was general Council discussion of the costs and advantages of opening the campground. Councilwoman Brinley inquired whether the pumping station was working and what repairs would cost. Mr. Sapp indicated that it has been repaired, permitted and approved. Councilman Metze indicated that an ADA bar- be -que is absolutely ridiculous, and expressed frustration with people who use handicapped placards and don't need them. Mayor Pape questioned the money for cleanup and the impact of volunteers on that cost. City Manager Watenpaugh indicated that volunteers will not significantly reduce the cost of the cleanup but will help. Mayor Pape inquired when the campground could be open to the public. Staff indicated that with the approval of the budget they would try for the Labor Day weekend. Mayor Pro Tern Kelley questioned the tree trimming work and whether it was for interior or exterior trees. City Manager Watenpaugh indicated that it would include interior and exterior trees. Mayor Pape noted that the budget should be formally adopted at the second meeting in June, and suggested that staff gear up for the work to begin upon approval, so it could be open by the long weekend. He also suggested that the volunteer groups start work in the meantime. Community Services Director Sapp indicated that he would be meeting with the scout troops next week. Councilman Metze indicated that he would see more interest in the campground than the Community Center. There was Council discussion of the funds which could be generated and general concurrence was reached that the campground should take priority over the Community Center. Mayor Pape noted a request to speak from Chris Hyland. Mrs. Hyland was not present for comment. Councilman Metze commended staff on the budget preparation and indicated they had done a good job of addressing the concerns and giving the most services possible. Councilwoman Brinley thanked the City Manager for his efforts to meet with the Council individually and include their requests for capital projects. City Manager Molendyk noted that the WRCOG membership of $3,400 is PAGE ELEVEN - CITY COUNCIL STUDY SESSION - JUNE 59 1998 anticipated to be increased by 20 %. Council questioned the value of this membership. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT A"1:26 P.M. gfv 4 VIN W. PAPE, MAYOR F L AKE ELSINORE ATTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 911998 kde k9: $e $e at at ickkkkde x' �t at ick kx ka'e x' de de :F at ix kd: kd: �'e de 9: * *ki; kr. k�kxxd: a'e aF �4 katk k *>ek *>ck kde a'e x' aFk CALL TO ORDER 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 Councilman Alongi. 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 Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, City Engineer O'Donnell and City Clerk Kasad. PUBLIC COMMENTS - NON - AGENDIZED ITEMS None Requested PRESENTATIONS a. Presentations - Korn Memorial Scholarship. (F:56.2) Mayor Pape called forward the Korn Memorial Scholarship recipients for presentation of Certificates being: Eric Hurtado, Elsinore High School, pursuing a Career in Dentistry at La Sierra University. Tricia Nash, Temescal Canyon High School, pursuing a Career in Dentistry at Brigham Young University in Utah. Nicole Wilson, Elsinore High School, attending Pepperdine University, for a major in Biology and later attending Medical School. Mary Gray, Temescal Canyon High School, pursing a Career as a PAGE TWO - CITY COUNCIL MINUTES - JUNE 9, 1998 Neurosurgeon at University of California at San Diego. Mayor Pape commended them on their high aspirations and wished them all well in their endeavors. b. Proclamation - Sheriff's Department. (F:127.2) Mayor Pape read and presented the Proclamation to Chief Bill Walsh on behalf of the entire Police Department, noting the crime reductions over the last three years. Chief Walsh accepted the Proclamation and commended the efforts of his officers. He also thanked the citizens of Lake Elsinore for the efforts and involvement in community policing, stressing the impact of this assistance on the crime statistics. He also thanked the Mayor and City Council for their continued support and funding. Mayor Pape requested that Chief Walsh convey the thanks of the entire City Council to the officers. Presentation - Officer Ted Hoffman. (F:127.2) Mayor Pape noted a recent incident involving the beating of a resident. He explained that Officer Hoffman heard the broadcast over the police radio, spotted the offending vehicle, pulled them over and made the arrest of the three suspects. Mayor Pape read and presented the Award of Merit, for assisting in the apprehension of the suspects in a home invasion robbery. Officer Hoffman indicated that he was just in the right place at the right time, and stressed the importance of the good information being provided by the station. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 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. Received and ordered filed the following Minutes: a. Planning Commission Meeting - May 6, 1998. (F:60.3) b. Design Review Committee Meeting - May 6, 1998. (F:60.4) 2. Ratified Warrant List for May 28, 1998. (F:12.3) PAGE THREE - CITY COUNCIL MINUTES - JUNE 9, 1998 Received and ordered filed the Investment Report for April, 1998. (F:12.5) 4. Rejected and referred to Claims Administrator the Claims submitted by Kathi Knapp Clough (CL #98 -15) and Manson Williams (CL #98 -16). (F:52.2) Adopted Resolution Nos. 98 -11, 98 -12 and 98 -13, setting the Public Hearing for the City Wide Lighting and Landscaping Maintenance District, Fiscal Year 1998 -99. (F:22.2) RESOLUTION NO. 98 -11 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. 98 -12 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 1998 -99 IN A DISTRICT WITHIN SAID CITY. RESOLUTION NO. 98-13 A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF SECTION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON. PUBLIC HEARING 21. Public Hearing - CFD 98 -1 Summerhill Improvements (Overlay District CFD 91-2). (17:22.3) City Manager Watenpaugh requested that this Public Hearing be continued to the next regular City Council Meeting on June 23, 1998. PAGE FOUR - CITY COUNCIL MINUTES - JUNE 99 1998 MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO JUNE 23,1998. 31. Second Reading Ordinance No. 1037 - Lake Regulations. (F:92.1) MOVED BY METZE, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 1037, UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTIONS 9.96.220 AND 9.96.230 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LAKE REGULATIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS:ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS:NONE 32. Formation of a Cultural Arts Commission. (F:59.1) City Manager Watenpaugh noted the comments at the last City Council meeting for establishment of a Cultural Arts Commission. He explained the intent for the Commission to serve as a liaison to cultural organizations and events. He noted that a letter has been drafted for transmittal to local business people, and advertisement in the local newspaper requesting participation in a meeting to discuss Commission formation. Mayor Pro Tem Kelley noted a letter received from the Artists Society and an interest in promoting the arts in Lake Elsinore. She indicated that she has met with the Riverside Arts Foundation and they would assist in getting a Commission started and serve as resources in the future. She suggested starting with a survey of businesses and community leaders to gain support of this concept, and when support is gained go to the artists themselves. She indicated that the intent would be to include both visual and performing arts. She stressed the number of professional artists in the Community. She indicated that she would like to see the effort start small with no dollars allocated to start. She requested Council support of the concept to allow PAGE FIVE - CITY COUNCIL MINUTES - JUNE 99 1998 staff to support the effort for one meeting a month. Councilwoman Brinley concurred that there is a lot of talent in the Community and encouraged participation. Mayor Pape noted an interest in Concerts in the Park. Mayor Pro Tem Kelley concurred that would bean idea to start with and she would like to do something in the winter season with more to be added next year. Councilwoman Brinley noted a tape received from an artist in a concert band who would be interested in participating. Mayor Pro Tem Kelley indicated that she has received several tapes and photos. Councilman Alongi suggested that the use of the Cultural Center be authorized for this group, without charge. Councilman Metze concurred. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO PROCEED WITH FORMATION OF A CULTURAL ARTS COMMISSION. 6. Addition of Hazard Elimination Safety (HES) Project to Capital Improvement List. (F:162.1)(X:30.1) City Manager Watenpaugh thanked the Council for pulling this item for discussion. He noted that the intent would be to provide additional lighting on Casino Drive near Franklin Street. Councilman Alongi indicated that he pulled this item because, although he understands it is a grant, there is very little traffic at that location. He suggested that Lakeshore Drive and Strickland /Gunnerson need lighting more; and stressed the need to look at higher traffic areas. He indicated that he doesn't disagree with getting state and federal money, but this is a dead end intersection with no traffic. He further indicated that even the residents of the USA Properties project don't use that intersection. Councilwoman Brinley questioned the ability to use the funds elsewhere. City Manager Watenpaugh indicated that we would need to move forward on this site to use these funds, as the grant is site specific. Councilwoman Brinley suggested that staff keep writing grant applications. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADD THE "HES" PROJECT AT THE INTERSECTION OF CASINO DRIVE AND FRANKLIN STREET TO THE CITY'S CAPITAL IMPROVEMENT PROJECTS 1997/98 LIST. 7. County Service Area (CSA) 152 Assessment for the NPDES Storm Water Pollution Prevention Program. (F:22.3) City Manager Watenpaugh highlighted this item, which is assessed for storm water pollution prevention, has not increased but has stayed in place. PAGE SIX - CITY COUNCIL MINUTES - JUNE 99 1998 He explained that it provides for cleaning and maintenance of catch basins and channels within the designated area. Councilman Alongi indicated that he pulled this item, because although the taxes collected are only $6.62, taxes are collected for a variety of things, but he felt this should be paid for by the taxes already collected in the community. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 98-14 ESTABLISHING THE "NPDES" BUDGET AND SETTING THE ASSESSMENT. RESOLUTION NO. 98-14 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. 8. Investment Policy - Annual Review. (F: 120.1)(X:12.1) City Manager Watenpaugh noted that a policy was previously adopted following the financial problems in Orange County; and detailed the proposed changes to that policy, in most cases relating to the shift of responsibilities from the City Treasurer to the City Manager. Councilman Alongi indicated that he pulled this item because of what he read and noted that the residents elect the City Treasurer. He further noted that in the next election, anyone who runs for City Treasurer must have a financial background. He further indicated that a City Treasurer must be elected and that he did not think it was good policy to remove the duty from an elected official, as he should have the ability to review and analyze financial matters. He suggested that this action would be jumping the gun, as a great deal of legislative change is occurring with regard to the elected City Treasurer position. He indicated the he did not see the purpose of transferring responsibility to the City Manager. City Attorney Leibold clarified that it is not mandatory that the City Treasurer be an elected official, but it is at the discretion of the voters. Councilman Alongi reiterated that the Treasurer must be elected and suggested that it would be inappropriate to take duties away from the City Treasurer. City Attorney Leibold reiterated that there is no requirement that the City Treasurer be elected. Councilwoman Brinley noted that the present discussion is not about elections, but rather about investment policy. PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 99 1998 Mayor Pape suggested that this is almost a moot point anyway, because the investment fund is managed by the Local Agency Investment Fund (LAIF). MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ANNUAL REVIEW AND RECOMMENDED CHANGES TO THE INVESTMENT POLICY. THE CITY COUNCIL MEETING WAS RECESSED AT 7:22 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:25 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Gary Grant, 27068 Jarvis Avenue, Perris, read a letter from owners of property requesting detachment from the North Peak area that was presented to Council in June of 1997. He noted a statement made at LAFCO by a Councilmember that the City respects personal property rights and would not want anyone to annex that does not want to come into the City. He respectfully requested that Council consider the request from the property owners that the property be detached from North Peak. Chris Hyland, 15191 Wavecrest, stated that she knows that there are only two or three people who get up and speak, however the reason more people do not speak is because they are either demeaned, degraded or humiliated. She read the First Amendment to the Council to remind them that she has a right to speak even if it appears to be negative. She commented on the City Campgrounds discussed at the Budget Study Session last Wednesday and noted that the City must own and operate the Campgrounds since they used it as collateral for the Bonds. She asked if that was the reason that the City got rid of Jess Watkins who was the concessionaire at the Park because the City could not have used the Campgrounds and Lake as collateral unless Mr. Watkins was gone. She further commented on the condition of the Campground and asked where the City is going to get the money to put the Campground back in shape when the City can't even maintain the City Parks. She cautioned that Council must consider the conditions of the roads as well as the Community Center and Campgrounds. CITY MANAGER COMMENTS Read a letter from the State Compensation Fund commending Public Works for their outstanding safety report. He noted that staff received an award for having no accidents on the job and that reflects proper training and caution. 2. Stated that the City can enter into, a concession agreement at the City Campground. He noted that the problem with a concession agreement is that the City cannot enter into a profit- sharing concession agreement. He suggested that the City should have a contract person to run the park so that PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 9,1998 the City can retain control. He noted that the debt incurred on the Lake had nothing to do with the previous concessionaire. He noted that the problem was after five years, the previous concessionaire was unwilling to comply with Federal Mandates, State Regulations and unwilling to bring the facility up to State Code. CITY ATTORNEY COMMENTS No comments. CITY COUNCIL COMMENTS Mayor Pro Tern Kelley commented on the following: Thanked Pro Fiberglass for the use of their Mini Grand Prix car. She noted that last Saturday Council had a lot of fun competing in the Mini Grand Prix. She congratulated the Police Department for their award for Best Outfits and coming in second in the race. She thanked Right -Way for the use of their helmets. 2. Congratulated the recipients of the Korn Scholarships. 3. Invited the public to attend an open house at Temescal Canyon High School, Friday, June 12, 1998, at 5:00 p.m. to 7:00 p.m. to see the sets from Grad night. Councilwoman Brinley commented on the following: Thanked the Chamber for the Grand Prix and Tony Ortega for the use of the Grand Prix car. 2. Congratulated the graduating classes at Temescal and Lake Elsinore High Schools. She wished them good luck in the future. 3. Commended the Chamber for the Street Faire and noted that it is getting bigger and better each month. She encouraged the citizens and all their family and friends to attend the first Sunday of each month. Councilman Alongi commented on the following: Commented that he had great fun with the car at the Grand Prix. He stated he feels this is the greatest event that Lake Elsinore has. He noted with humor, that the Sheriff s with their red uniforms and police on the side of their car took advantage of everyone, however it was great to have them chase him. PAGE NINE - CITY COUNCIL MINUTES - JUNE 99 1998 2. He thanked all the police and fire officers for their hard work in the community and especially thanked Officer Hoffman for his efforts. 3. Announced that on the 3rd Saturday of the Month 8:00 a.m. to 12:00 p.m., Hope will be distributing U.S.D.A. commodities. He noted the location is 2985 2nd Street, Rear Unit R. He stated that the people must have a phono I.D. and current proof of address to qualify. 4. Addressed the flier that was distributed about the race track. He stated that the flier was distributed by Mr. Murdock and he is not negative about the community and has invested approximately $1.2 million creating a master plan for homes which will be located near the proposed race track. He cautioned that people should be very careful of who they accuse. Noted an article in the Reader's Digest regarding San Juan Bautista where the entire staff of their City Hall was laid off and the city was staffed by volunteers. He noted that within a few years they caught up with their bills and were able to hire people back. He noted that it is not necessary to have bureaucrats because the people can do it themselves. He noted that the citizens are capable of doing the job in a volunteer basis because of their experience and background. Commented on the Memo from Phyllis Rogers, former Assistant City Manager stating that Mr. Molendyk was exempt from standard personnel rules and stated that there is nothing on record that authorized him to accumulate vacation and sick leave. He noted that it never came before City Council for approval. 7. Stated that the Mayor does not know the difference between an accusation and an indictment; a criminal and civil matter. He noted that they are handled quite differently. He explained that there are procedures that he can use if it is a criminal matter and procedures for a civil matter, however they are not the same. He stated that he is not sorry that he is going through this and he is willing to put up his money and fight for what he believes in as long as it doesn't interfere with the health and welfare of other people. He noted that it is his right as a citizen. He stated that it is nobody's business but his own. He stated that because the Mayor called upon him to lead the Pledge of Allegiance and as a gift to the Mayor for that honor, he will set aside what he was going to say. He asked that the Mayor allow him to handle his own business and for Council to stay out of it. He stated that if the Mayor and Council will comply he will not comment about the Mayor or Councilman Metze. He stressed that in 1999, he is going to run for reelection. PAGE TEN - CITY COUNCIL MINUTES - JUNE 99 1998 Councilman Metze commented on the following: 1. Concurred with City Manager Watenpaugh that the staff deserves a lot of credit for their dedication to the City and commended Public Works. 2. Complimented the Chamber of Commerce and the Downtown Business people for a wonderful weekend. He noted that there was a great turn -out. 3. Commended Denise Alexander for her column in the Sun Tribune. He stated that she is positive about the community and he appreciates that. Mayor Pape commented on the following: 1. Thanked Tony and Cindy Ortega of Pro Fiberglass for the use of the car so that the Council could participate in the Mini Grand Prix. 2. Explained that the Council is trying to allocate funds to open the City Campground. He noted that it is a mess and was left a mess from the previous operator and needs a lot of work to bring it up to standards. He noted that it is anticipated that it will be open by Labor Day. 3. He stated that it is hoped that we will have funds to open the Community Center this summer as well. 4. Announced a new business is opening in town. He noted that it is located across from Elsinore Middle School and will open on Friday. 5. Stated that North Peak will be breaking ground in January and noted that from the plans that they have, it should be a nice addition to the City. 6. Stated that the City has been working with Ramsgate and they have signed an agreement with the Riverside Transit Transportation Commission to front $1.4 million to design and do the engineering for Highway 74 from I- 15 to Perris. He noted that it will take approximately 18 months to do the design and engineering work and then in approximately 24 months they will start widening Highway 74 in it's first phase from I -15 to Wasson Canyon and will be a four lane highway. He noted that this will start to correct some of the problems that have been experienced on that roadway. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (b) of Section 54856.9 (1 case). PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 99 1998 b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9): City of Lake Elsinore vs. All Persons Interested (LAFCO) - Case #311942. City Attorney Leibold announced the above listed items for Closed Session discussion: THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 7:55 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEMS. THE CITY COUNCIL MEETING RECONVENED AT 8:30 P.M. WITH THE FOLLOWING ANNOUNCEMENTS: WITH REGARD TO ITEM "a ", THE CITY COUNCIL GAVE DIRECTION TO THE CITY ATTORNEY TO TAKE ADMINISTRATIVE ACTION IN CONNECTION WITH ANTICIPATED LITIGATION. WITH REGARD TO ITEM "b" THE CITY ATTORNEY PROVIDED A STATUS REPORT TO THE CITY COUNCIL. NO ACTION TAKEN. ADJOURNMENT MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:31 P.M. v W. PAPE, MAYOR OF LAKE ELSINORE ATTEST: VICKI !CkSt.D, Y CLERK CITY OF LA' ► ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 239 1998 k kxxxkkk *d:xx kaPxx kdex kxx kd: kxk kx kx kd: �':xkxk kx kx k *kkr', k *xk *k:F at it x' at atx k9: a'e aF x'x CALL TO ORDER 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 None. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ALONGI, BRINLEY, KELLEY,PAPE METZE (Councilman Metze Arrived at 7:17 p.m.) Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Fire Chief Seabert, Police chief Walsh Senior Planner Villa, Assistant to the City Manager Best, City Engineer O'Donnell, and City Clerk Kasad. PRESENTATIONS a. Proclamation - Park & Recreation Month. (F:122.1) Mayor Pape read and presented the Proclamation to Assistant to the City Manager Best on behalf of Community Services Director Sapp. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items: Item Nos. 3, 4, 5, 21, 22 and 23. PAGE TWO — CITY COUNCIL MINUTES — JUNE 239 1998 CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3, 4, 5, 7, 8 and 9. 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 26, 1998. (17:44.4) b. Adjourned City Council Meeting - June 3, 1998. C. City Council Study Session - June 5, 1998. The following Minutes were received and ordered filed: d. Planning Commission Meeting - May 6, 1998. (17:60.3) e. Design Review Committee Meeting - May 6, 1998. (17:60.4) f. Public Scoping Meeting - June 8, 1998. (F:151.1) 2. Ratified Warrant List for June 15, 1998. (F: 12.3) 6. Accepted Notice of Completion for McVicker Canyon Debris Basin and Line `B -1" Channel (Stage 4) - Greg Harris Construction; and authorized staff to record the Notice. (17:22.3) 10. Approved Public Hearing date of July 28, 1998, for the following: a. Collection of delinquent refuse service fees of customers with unpaid balances to be collected on the annual property tax roll. (17:163.1) PUBLIC HEARING 21. Community Facilities District 98 -1 - Summerhill Improvements (Overlay District CFD 91 -2) - Resolution Nos. 98 -15 and 98 -16. (F:22.3) City Manager Watenpaugh noted the efforts to develop a financial work out plan and the relationship of those efforts to this item. Don Hunt, Bond Counsel, highlighted this item and noted that all of the land involved is held by Abaccy. He explained that the purpose of this District is to cover a portion of the delinquent taxes not previously collected, and that the primary beneficiary of the District will be the PAGE THREE — CITY COUNCIL MINUTES — JUNE 239 1998 bondholders. Mayor Pape opened the public hearing at 7:10 p.m., asking those persons interested in this item to speak. The following person spoke: Winifred Zieler, 31662 Willow View Place, resident of Summerhill, noted the paperwork she received from Friedman Homes, and indicated that she bought the house for cash and ended up with $60,000 in Mello -Roos fees. She further noted that the covenants for Summerhill run with the land until 2014, with the potential for a 10 year automatic extension. She also noted water related assessments and suggested that there is a lot of fraud and dishonesty. She indicated that she does not have the original paperwork or disclosures on the house, but does have copies of documents from Friedman Homes. She further indicated that she will end up paying $180,000 for the house, even though she paid cash. She expressed uncertainty as to whether her deed is even valid. Hearing no additional requests to speak, the public hearing was closed at 7:15 p.m. Mayor Pape stressed that this item would have no impact on the current homeowners. Mr. Hunt reiterated that this District does not include any of the existing single - family homes. He also noted that with regard to receiving documents, the lien for special taxes is recorded with the Recorder's Office when the tax is levied and recorded on every included lot as public record. He indicated that State law requires written disclosures and the title policy will always have a reference with regard to the tax lien. He further indicated that the City has done everything properly, but there may be a cause of action against the seller if they did not comply with the requirements. Mayor Pape noted that Mrs. Zieler has discussed this before, and the previous City Attorney volunteered time to assist her. He commented that his has been an ongoing problem for the Zieler Family, but this action has no impact on the private property owners. Councilman Alongi inquired whether Mr. Kipp has deposited the required funds. Mr. Hunt indicated that he had not yet deposited, but this action is to the benefit of the bondholders, not Mr. Kipp. He stressed that this is an advantageous action for the bondholders and the City to have the bonds paid off. Councilman Alongi inquired whether the Lake Elsinore Management Authority would be the underwriter for these bonds. Mr. Hunt indicated that the Public Finance Authority would underwrite the bonds, and noted that there is sufficient value to support the issue. He clarified that these bonds would be anticipated to be 2 or 3 years down the road; as they will not be issued on raw land, only on occupied homes. He indicated that this issuance is being put together differently from the others. Councilman Alongi addressed Mrs. Zieler and indicated that when people buy homes a lot of documents are overlooked due to lack of knowledge PAGE FOUR — CITY COUNCIL MINUTES — JUNE 239 1998 regarding CFD's, but most people who sell homes do not emphasize those points either. He suggested that while the State law requires disclosures, people need to stay aware and informed. He concurred that this was a very confusing and costly situation, which could cause people to loose their homes. He suggested that the developers need to have the funds up front to provide necessary improvements. Councilwoman Brinley noted past discussions of this concern and suggested that future buyers receive better explanations and disclosures. She suggested requiring that the disclosures be filed with the City to protect the residents and new homeowners. She thanked Mr. Hunt for his time and efforts to protect the City's trustees. Councilman Metze requested clarification of the time frame for this bond issuance. Mr. Hunt indicated that it would be approximately three years, or at the time the homes are built. Councilman Metze inquired whether the matter would be back to Council before there is further action. Mr. Hunt confirmed, noting that this action creates the District for later use, if bonds are needed. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BOND COUNSEL REPORT AND ADOPT RESOLUTION NOS. 98 -15 AND 98 -16. METZE ARRIVED AT 7:17 P.M. RESOLUTION NO. 98 -15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 98 -19 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 98-1, AND ESTABLISHING AN APPROPRIATIONS LIMIT. RESOLUTION NO. 98 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING ON BEHALF OF COMMUNITY FACILITIES DISTRICT NO. 98 -1, CALLING A SPECIAL ELECTION. 22. 1998 -99 City Wide Annual Budget — Resolution No. 98 -17 and RDA Resolution No. 98 -1. (F:30.1) City Manager Watenpaugh noted that this item was heard at a Study Session on June 5, 1998, and the changes presented are the items that have been modified since the Study Session, as well as services added. He explained that in the staff report he has listed, page by page, the changes that he suggests for the Council's Budget. He recommended that the City retain membership with the organizations the City is presently involved in due to their contributions to the City and it's economic development. He gave PAGE FIVE — CITY COUNCIL MINUTES — JUNE 239 1998 overview of the items. listed in the staff report as follows: Page 12 — City Council The following general memberships have been included within the City Council's budget. WRCOG WETIP League of California Cities CALED IEEP IETC Total Page 17 —City Manager City Economic Development Local EDC Regional Economic Development $4,000 1,530 4,500 400 7,000 250 $17,680 ($10,000 increase) $15,000 5,000 5,000 added per Council request Page 34 — Public Works Facilities Maintenance - Transferred from Senior Center $6,500 Page 35 — Vehicle & Equipment Repair Addition of three leased vehicles for Maintenance — full size 4X4 pickups. Auction three Celebrity vehicles and three 5 -10 pickups. Page 37 — Community Center Addition of operating expenses for reopening the Community Center $47,000 (Capital funds budgeted in Capital Budget from Park In -Lieu Fees). Park -in -Lieu Capital Funds — Community Center Renovation $121,930 approved by Council Page 39 — Senior Center Transferred to Public Works Facility Maintenance $6,500 reduction Added $20,000 from Park -in -Lieu Capital Funds for tree lighting in Downtown Core Blocks (Main Street). PAGE SIX — CITY COUNCIL MINUTES — JUNE 23, 1998 Authorized additional staff, per page 1 summary of Budgets, plus additional Maintenance Worker I for Campground. City Manager Watenpaugh gave an overview of the Capital Projects Budget and explained the proposed projects. City Manager Watenpaugh presented a Summary of the Budget as follows: General Fund $9,281,300 New: '/z time Code En£ ( =1 full time) h time graffiti 1 full time Streets Maint. 1 full time Associate Engineer Part-time — Community Center Economic Development Redevelopment Agency $6,990,000 Lake Operations $349,700 TMC 150,000 Campground 50,000 LLMD CIP $549,400 $1,157,000 $2,581,930 TOTAL CITY BUDGETS $20,559,930 $8,836,900 +443,400 $ 24,000 20,000 34,000 68,000 47,000 20,000 2311000 $7,745,500 (775,500) $516,200 200,000 (166,500) $716,200 $1,157,000 -0- $2,581,9301 -0- Expense $9,854,900 231,400 7,745,500 (755,500) 716,200 -0- 1 ,157,000 2,581,930 $22,055,530 (690,600) Revenue General Fund $9,281,300 RDA 6,990,000 Lake Operations & Campground 549,700 LLMD 1,1571000 CIP 2.581.930 $20,559,930 $8,836,900 +443,400 $ 24,000 20,000 34,000 68,000 47,000 20,000 2311000 $7,745,500 (775,500) $516,200 200,000 (166,500) $716,200 $1,157,000 -0- $2,581,9301 -0- Expense $9,854,900 231,400 7,745,500 (755,500) 716,200 -0- 1 ,157,000 2,581,930 $22,055,530 (690,600) PAGE SEVEN — CITY COUNCIL MINUTES — JUNE 23, 1998 Reserve Fund Projected Balance June 30 "' 1999 $1,416,400 Items reduced from Reserve Fund 1997/98 -Parks $211,000 - Spectrum Settlement 127,500 - Stadium 108,000 - Attorney's Fees 230,000 -Law Enforcement Contract 150,000 $826,500 Mayor Pape opened the public hearing at 7:37 p.m. and asked those persons interested in speaking to do so. Dale Hite, 155 N. Kellogg Street, commented on the improvement in the budget, but indicated that he felt the Council should spend the money on Public Safety and less on other things. He stated that Council has the appropriate funding for a Fire Station and he feels that the City should proceed. He asked that Council take the safety of the citizens into consideration first. Mayor Pape asked if anyone else wished to speak on the issue, hearing no one, the public hearing was closed at 7:40 p.m. Mayor Pro Tern Kelley asked what the revenue increase has been for this year. City Manager Watenpaugh stated that the increase was a little over $900,000. Mayor Pro Tern Kelley questioned the amount saved with the lease of the Stadium. City Manager Watenpaugh stated that the City has eliminated $500,000 in expenditures. Mayor Pro Tem Kelley noted that there was a Study Session regarding the budget and the Council has gone through the budget line by line. She further noted that the Capital Projects are not from the General Funds, but rather from other funding sources. She stated that she is delighted that because of strict budgeting, Council is able to add the Community Center to this year's budget. She explained that there are a lot of positive things in the budget and noted that the City is bringing back the Graffiti Program, restoring partial use of the Campground and bringing on another Code Enforcement Officer. She stated that there is a light at the end of the tunnel and next year she hopes it will be even better. Councilwoman Brinley concurred with Mayor Pro Tern Kelley and expressed her pleasure with the additions that were made in the budget. She noted that the Redevelopment Agency is getting back to the point where it is possible to bring the Agency back into the black. She made note of the Redevelopment Agency Main Street Project and the lights that were placed in the trees to add to the atmosphere of the Downtown Area. She asked that PAGE EIGHT — CITY COUNCIL MINUTES — JUNE 239 1998 Council consider allocation of $20,000 to replace the lights in the trees on Main Street. She gave an overview of the available funds in the budget and noted that she felt that this would enhance the area. She further noted that it is much nicer to approach the budget this year by adding items to the budget, instead of deleting items. She highlighted the funds that are in the budget for Public Safety and indicated that she felt that there was considerable consideration given to that area. Councilman Alongi stated that there were more important things for RDA money then putting lights back into the trees on Main Street. He stated that he felt that the League of California Cities and WRCOG were important to the City, however he felt that the money allocated for the other organizations could better be spent for sidewalks. He noted that $20,000 was allocated for EDC, and he felt that this could be cut in half. He further noted the request for three 4x4 pickups and explained that there is no need for that type of vehicle in Lake Elsinore. He stressed his opposition to the previously purchased 4x4 pickup and stated that the City did not need more than one of that type of vehicle. He indicated that the funds could be better spent elsewhere. He noted that it appears that the School District will start charging children to ride the school buses and it is the City's obligation to have better sidewalks leading to the schools, especially for the lower grades. He stated his pleasure in reopening the Community Center, but felt that the money from the Senior Center should be spent on sidewalks and the $20,000 that Councilwoman Brinley suggested for lighting would be better applied to sidewalks, as well as handicap ramps. He noted that there are a lot of areas in the City without sidewalks such as Lakeshore Drive, and Sumner Avenue to name a few. He explained that sidewalks should come first and then the Council can look at the "gingerbread" later. Councilman Alongi stated that he felt staff and City Manager Watenpaugh did a good job with the budget, considering the handicap that they had to work with caused from the Lake, _Stadium and other projects that drained City funds. He noted that the Council should save every dollar they can and put it where it can do the most good. He further noted problems with potholes, as well as streets that have not been paved in 25 years or snore. He commented on the funds that are spent on the Capital Improvement Projects and noted that the streets in the older part of the City are ignored every time, and indicated that therefore he would be voting against the page that lists Capital Improvement Projects. Councilman Metze thanked staff and the City Manager for listening to Council and addressing the suggestions. He stressed that what is being presented is not found money, rather it is due to an aggressive economic plan. He noted that the businesspersons on Main Street are pleased with the City and Chamber and the trend in the economy. He stated that he feels that the tree lights are important to Main Street to add to the effect that is trying to be maintained and would benefit the businesses, as well as protecting the PAGE NINE — CITY COUNCIL MINUTES — JUNE 239 1998 investment in the Downtown area. Mayor Pape noted the section of the budget that addresses Memberships to Organizations and explained that although this shows an increase, these are not new items. He explained that the City has always been a member of the listed organizations, however they were not itemized in the budget, but were paid by other sources within the budget. Mayor Pape felt that this should be addressed as a separate item and the City should continue to be members. He further explained the allocation for the local EDC, since they have been very aggressive and contributed to the local economy which is a direct benefit to the City. He stated that he would like to see the City support regional economic development because as the economy improves this will serve to attract more businesses to our City. He noted that the money taken from the Senior Center and placed in Public Works is a bookkeeping item and the money will still be spent on the same thing. Mayor Pape addressed Capital Improvement Projects and noted the roads which will be improved, as well as signalization in the City. Mayor Pape commented on the trucks and explained that the old trucks will be taken to auction and offset some of the cost with the revenue they generate at the sale. He noted that by adding an additional Code Enforcement Officer it will be possible to have coverage on weekends and that will help the City as well. He noted that the sales tax revenue is the largest source of revenue for the City, and explained the State's past action regarding property taxes and the fact that the majority of the money is now given to the Schools; therefore the sales tax revenue is vital to the City. Councilwoman Brinley explained the use of park fees and the restricted uses. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSNTING VOTE, TO APPROVE THE CITY COUNCIL /REDEVELOPMENT AGENCY BUDGET AS CORRECTED, INCLUDING THE CAPITAL PROJECTS BUDGET WITH AMENDMENTS TO PARK IN LIEU FEES OF $209000 TO BE SPENT ON LIGHTS IN THE TREES ON MAIN STREET AND $59000 TO BE ALLOCATED TO REGIONAL ECONOMIC DEVELOPMENT AND ADOPTION OF RESOLUTION NO. 98-17 AS FOLLOWS: RESOLUTION NO. 98-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSLINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1998/99 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDIUTRES SET FORTH THEREIN. PAGE TEN — CITY COUNCIL MINUTES — JUNE 239 1998 RDA RESOLUTION NO. 98 -1 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APAPROVING TAND ADOPTING THE BUDGET FOR FISCAL YEAR 1998/99 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN. 23. General Plan Amendment No. 98 -1 and Zone Change 98 -1 Assessor's Parcel Number 373 - 071 -018. (F:83.2)(X:172.2) _ City Manager Watenpaugh highlighted this item. Mayor Pape opened the Public Hearing at 8:05 p.m., asking those persons interested in this item to speak. Hearing no one, the Public Hearing was closed at 8:05 p.m. Councilman Alongi expressed concern that the City reduces the zoning in areas such as this, when there is a need for affordable housing. He indicated that the City is slowly, but surely phasing out any type of multiple family housing in the City. He concurred that property owners should be able to use their property as they choose, but stressed that the City has an obligation to provide housing for all income levels. He expressed disappointment with the loss of multi- family housing sites; and indicated that this Council and the previous Council have removed those opportunities. Mayor Pape indicated that this is a prime area for commercial development and it will provide jobs for area residents; resulting in a positive move for the City. Councilwoman Brinley noted the possibility of an auto dealership, which would be compatible with the other development in the area, and stressed that this would provide commercial business and jobs, and create sales tax dollars and property tax dollars. She stressed the need to go out and aggressively encourage this type of development to provide jobs. Mayor Pro Tern Kelley indicated that she has no problem with this request, as Commercial zoning is more compatible with the surrounding area. She responded positively to the fact that there is interest in the property by an auto dealership. MOVED BY METZE, SECONDED BY KELLEY TO APPROVE MITIGATED NEGATIVE DECLARATION NO. 98 -1, APPROVE GENERAL PLAN AMENDMENT NO. 98 -1, ADOPT RESOLUTION NO. 98 -18, APPROVE ZONE CHANGE NO. 98 -1 AND ADOPT ORDINANCE NO. 1038 UPON FIRST READING BY TITLE ONLY, BASED ON THE FOLLOWING FINDINGS: PAGE ELEVEN - CITY COUNCIL MINUTES — JUNE 239 1998 Findings — General Plan Amendment 98 -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 98 -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 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. This project will not have a significant impact on the environment. RESOLUTION NO. 98-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF GENERAL PLAN AMENDMENT 98 -1 TO CHANGE THE LAND USE DESIGNATION OF APN 373 - 071 -018 FROM MEDIUM HIGH DENSITY RESIDENTIAL TO GENERAL COMMERCIAL. ORDINANCE NO. 1038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE ZONING OF PAGE TWELVE — CITY COUNCIL MINUTES — JUNE 239 1998 9.11 GROSS ACRES ALONG FRANKLIN STREET FROM R -3 (HIGH DENSITY RESIDENTIAL ZONING) TO C -2 (GENERAL. COMMERCIAL) - ZONE CHANGE NO. 98 -1. 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. Lake Elsinore Series A Bonds /Tolling_ Agreement. (F:126.5) City Manager Watenpaugh highlighted this item and explained the restructuring of the CFD's to get the current default back in order. He explained that this action helps to avoid litigation. Mr. Hunt confirmed Mr. Watenpaugh's explanation and indicated that this agreement is a very positive sign for the City, as initially the trustee was opposed to this action, but now supports the proposal and recommended that the bondholders go along with the agreement. He explained that the agreement protects the rights of the bondholders and the City, with no one filing litigation while the restructuring proceeds. He stressed that this is a very positive move with no down side. MOVED BY KELLEY, SECONDED_ BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE AND ENTER INTO THE TOLLING AGREEMENT WITH BNY WESTERN TRUST COMPANY OF CALIFORNIA. 32. Community Facilities District —Goals and Policy Statement. (F:22.1) City Manager Watenpaugh explained that the City has not formed a new Community Facilities District since 1994, however the City has restructured some existing CFDs. He noted that State Legislation was enacted in January 1, 1994, which required adoption of local Goals and Policies when establishing new districts. He noted that as part of the agreement to restructure a new CFD for the old Summerhill Tract, the City is required to develop a Goals and Policy Statement for Council's review and consideration. He explained that the Council can modify or change it should something not work the way they anticipated it to work. PAGE THIRTEEN CITY COUNCIL MINUTES — JUNE 239 1998 Don Hunt, representing Fullbright and Jaworski, Bond Counsel, stressed that tonight or anytime in the future the Council is free at their discretion to amend or repeal these Goals and Policies and adopt new ones. He noted that if Council desires to change any item the changes could be made by his firm. City Manager Watenpaugh asked Council to disregard pages 11 and 12 of the report as presented. Councilman Metze stated that he would like some changes as follow: Page two — III - Eligible Public Facilities He explained that he would like to see a second category which discourages the use of bond money for Parks, Government facilities and Recreation facilities, including golf courses. Page 3 —V —Disclosure Requirements He would like to seethe seller give the buyer the option to add the cost of the Community Facilities District to the cost of the house or to pay it up front. This gives the buyer the ability to make a decision and it would be part of the disclosure. Councilwoman Brinley asked if this would be the proper time, after the disclosure is signed, that a copy be given to the City for file. Councilman Metze stated that rather than having all that paper on file, the City Manager would be able to acquire a disclosure statement on any given piece of property upon demand. This would relieve staff from being responsible for that documentation. He stated that the disclosure statement should define the purpose of the fee and would clarify that the money would go for the construction of the facility, not the staffing and maintenance. Councilman Metze further requested amendment of the policy as follows: He suggested having the Section that addresses the ability to enact an annual increase of 2% be changed to 1 % as a preference of the City. He noted that the State of California allows 2% and the City can set a tighter limitation on this amount. Mr. Hunt clarified this item. Councilman Metze explained that the problems the residents have experienced with Community Facilities Districts are because they were not handled properly through disclosure. Councilwoman Brinley stated that she felt the disclosure statements should be filed with the City so that any problem can be taken care of in a timely manner and the problem can be addressed immediately instead of making the homeowner wait. PAGE FOURTEEN — CITY COUNCIL MINUTES — JUNE 23, 1998 Councilman Metze stated that there was a period of time that Community Facilities Districts were unpopular, however with the economy picking up they are being formed at a greater rate. He noted that with his suggestions, it will take special consideration to have anything other than infrastructure placed into a CFD and that protects the residents. City Manager Watenpaugh requested clarification of the requirement for the City to have copies of the signed Disclosure Statements. Councilman Metze stated that he did not feel this was necessary, however it could change if the information is not made available in a timely manner. Mayor Pape stated that he felt it was inappropriate for the City to become involved in private transactions. He explained that if someone is buying a house, it is up to the buyer to understand the deal that they are involving themselves in and the paperwork that they are signing; and if they don't, they need to consult an attorney. He stated that he doesn't know if the City should act as big brother and stand looking over someone's shoulder to question whether the buyer understands what they are signing, serving as a backup for them. City Manager Watenpaugh stated that he understands the concern of Council, however in Section V., first paragraph at the end it states: "Such disclosure shall include home buyer notifications requiring signature prior to home purchases, as well as methods to notify subsequent home purchasers." He stated that he did not know how the City could accomplish this for subsequent homebuyers. Mayor Pro Tern Kelley complimented Mr. Hunt for putting together such a inclusive policy package and agreed with Councilman Metze regarding the Parks, Governmental facilities, Libraries, Police and fire protection facilities, and Recreation facilities, including golf courses and placing them in a separate category. She explained that she found the Disclosure Requirements on page three very complete and agreed with Mayor Pape that it is not the City's decision nor burden to collect signed documents for every household in the community. She stated that this can be handled on a case by case basis. Councilman Metze asked how we enforce the statement: "The applicant will be required to demonstrate, to the satisfaction of the City, that there will be full disclosure..." Councilman Alongi stated that it all depends on what is meant by "demonstrate ". He noted that people are more aware of the meaning of a Mello -Roos and Community Facilities Districts; and he feels that the Council is right, that the City has. no business interfering in business between the buyer and seller. He stated that he would like to see that it is PAGE FIFTEEN — CITY COUNCIL MINUTES — JUNE 239 1998 fully explained to the buyer what the Mello -Roos is and the assessments on those properties, however if the City Manager gets a complaint he can get documentation from the County Hall of Records. He noted that it is hard enough time keeping track of the City, let alone all the houses that will be sold in the community. He asked if 1,000 houses were planned and only 300 were built, would the 300 homes share in the total of the assessment of the Mello -Roos. He asked Mr. Hunt to clarify. Mr. Hunt explained that at the time the Mello -Roos is established, part of the proceeding is to establish the maximum special tax that can be levied with respect to the property. He noted that the 300 homeowners can only share in the overall cost of the extended maximum special tax. He further explained that normally it's structured so that public improvements will not be put in at once, but rather over a period of time as the construction of the District was taking place. He stated that this is done to protect 300 homes from having to pay the maximum. Councilman Alongi noted that is the problem that has been experienced in Tuscany Hills and is the reason why Council is taking this action. He noted that the reason for placing items listed on page three of the Policy on a Mello -Roos is because the bank does not recognize those as debts, as they only look at the selling price. They do not look at the Mello - Roos or the Community Facilities District, therefore when the City asks the Developer to withdraw the cost of Parks, Government Facilities, Libraries, Police and fire protection facilities, Recreation facilities, and golf courses from the CFD, they won't do it because the Developer must increase the price of the house to meet the cost and would not be able to sell it easily. He stated the reason for a CFD is to reduce the cost of the house to enable the Developer to sell it, however the owner does not realize that the cost will appear on their taxes. He stated that he feels that Council is getting into an area where they do not belong and it is buyer beware. He stated that it is none of his business what the assessments are as long as the facilities are there. That cost is between the buyer and seller and not the City. City Manager Watenpaugh clarified the existing CFDs and how they are structured. Councilman Metze stated that possibly the Tuscany Hills situation could have been avoided if the Developer had some of his own money tied up in the project. He noted that Friedman found it easy to just walk away since he had none of his own money tied up in the project. He stated that he would like some way to work with the property owner to help them. He asked Mr. Hunt if the City would be responsible to prove that the developer demonstrated to the City the disclosure if a buyer takes the City to court. Mr. Hall stated that this issue would be addressed at the time of financing by the developer and the developer would be required to indemnify the City. City Manager Watenpaugh stated that staff will do what they can, however PAGE SIXTEEN — CITY COUNCIL MINUTES — JUNE 239 1998 there are limits to what staff can accomplish. Councilman Metze stated that the requirement for a down payment insures that the buyer invests his own money in the home and the same rule applies if Council requires the developer to assist in providing facilities. He noted that the Developer will have invested some of his own money and will not find it easy to file bankruptcy and walls away as they have done with a bond that they have no money invested in. He stated that it is not that the items are eliminated, however they are discouraged. Mr. Hunt explained that the State has laws and enforcement procedures and he felt that it would be cost prohibitive for the City to try to enforce the disclosure. He stated that his recommendation would be to contractually acquire the agreement rather than enforce it. Mayor Pro Tern Kelley stated that this does not exclude the City from coming to the aid of someone who didn't understand the situation. She stated that she felt that the disclosure requirements were quite adequate and if someone needs some help this does not prevent the City from trying to help. Councilwoman Brinley asked how to get the Developer to go out and do what is needed if it is not part of a CFD. Councilman Metze stated that the buyer does not have to pay the fees that are discouraged, however the Developer must see that they are paid. Councilwoman Brinley noted such things as Police and Fire need to remain on the list because they really do need to be funded. Councilman Metze stated they would be there, however what he is saying is just not by a bond. There was general discussion in regard to how the developer provides facilities and through what source. Mayor Pro Tern Kelley explained that Council hears each development on a case by case basis and it can be decided at that time what will be allowed and what will not. Councilwoman Brinley suggested leaving the Goals and Policies as presented, however when a developer appears before the Planning Commission, they have the option of using the verbiage the Mayor used. Councilman Metze stated that if it is not part of the policy, then the City is singling out one developer over another. Councilman Alongi stated that if the City involves itself in peoples private business, it will get into trouble. He explained that the City is not there to bargain for individual rights. He further explained that the Developer does have money in a project since when they apply for a construction loan they PAGE SEVENTEEN — CITY COUNCIL MINUTES — JUNE 239 1998 have then made a major investment. He asked what would happen if only 80% of the facilities can be bonded, what happens if the Developer goes broke and the facilities are not completed. He explained that even though he disagrees with the use of bonds, at least the City would have the money up front to construct Government facilities. However if the developer, without the benefit of bonds, built 400 out of 1000 homes and went broke there would be no construction of Government facilities and in order to have Government facilities, the City would have to foot the bill. Councilman Alongi stated that cities should not get involved in the construction of any residential or commercial project. He noted that the City's job is to provide the permits and requirements to build the project. He stated that the City will receive no more than the property tax which does not cover the services required for the area. He stated that Mr. Hunt has done a good job of putting this Goals and Policies together and Council should listen to them since that is why the City pays them a great deal of money to guide the Council. Councilman Metze stated that he spoke with Mr. Hunt prior to the meeting and clarified that Mr. Hunt felt that the issues he addressed were good issues. Mr. Hunt stated that he had informed Councilman Metze that it was not inappropriate for City Council to state that it was their policy to require a developer to have their own equity in a project and get the support of financing, but it would be at the discretion of the Council to use all or any of the policy. He noted that it was prepared for Council consideration and it is Council's decision to change however they choose. There was general discussion in regard to the use of Community Facilities Districts and Mello -Roos. MOVED BY KELLEY, SECONDED BY BRINLEY TO APPROVE AND ADOPT THE STATEMENT OF COMMUNITY FACILITIES DISTRICT — GOALS AND POLICY WITH THE FOLLOWING AMENDMENTS: Page 2 — III — Eligible Public Facilities. The addition of a second category that discourages the use of bond money for Parks, Government facilities, Libraries, Police and Fire Protection facilities and Recreation facilities, including golf courses. Page 3 — V — Disclosure Requirements The seller gives the buyer the option to add the cost of the Community Facilities to the cost of the house or to pay it up front; giving the buyer the ability to make a decision. And add a section that addresses the ability to enact an annual raise of PAGE EIGHTEEN — CITY COUNCIL MINUTES — JUNE 23,1998 2% be changed to 1% as a preference of the City. He noted that the State of California allows 2% and the City can set a tighter limitation on this amount. Mayor Pro Tem Kelley stated that she felt Mr. Hunt's comments about developer equity are most appropriate and involves the Council as much as it should be. Councilwoman Brinley suggested that at some later date a Study Session should be set to review the Goals and Policy after Council has had the opportunity to work with them for this Community Facilities District. Councilman Alongi clarified equity. THE FOREGOING MOTION WAS APPROVED BY A VOTE OF 4 TO 1 WITH METZE CASTING THE DISSENTING VOTE. 33. Planning Commission Appointments. (F:60.2) Mayor Pape noted that there are two terms expiring on the Planning Commission, for which three applications were received. He indicated that the two current commissioners have submitted applications, in addition to Robert Magee. He further indicated that he met with Mr. Magee this morning and his is a very good applicant with good qualifications, however, the existing Commissioners have_ done a good job for the City. He recommended the reappointment of Commissioners Al Wilsey and Robert Schiffner to full terms continuing to June, 2002. MOVED BY PAPE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO REAPPOINT COMMISSIONERS WILSEY AND SCHIFFNER TO FULL PLANNING COMMISSION TERMS CONTINUING TO JUNE, 2002. THE CITY COUNCIL MEETING WAS RECESSED AT 8:50 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:00 P.M. ITEMS PULLED FROM CONSENT CALENDAR 3 Award of Contract - Mission Trail Pavement Rehabilitation Project. - R.J. Noble Company - $349,645. (F:15.62) City Manager Watenpaugh explained this item and requested authorization to award the contract to the low bidder. Councilman Alongi indicated that he pulled this item to note that this is the PAGE NINETEEN — CITY COUNCIL MINUTES — JUNE 239 1998 third time Mission Trail has been done; and while he understands the location, there have been problems in the past. He noted a past project where negotiations resulted in the City and EVMWD splitting the cost in half. He indicated that he did not disagree that work is needed, but there are other streets which have had no asphalt in 4o years. He noted that with this project it will total nearly $1 million in expenditures since 1992. He opposed this expenditure. Linda Nanetti, Cimarron Road, addressed a newspaper article concerning the City's debt and the Redevelopment Agency. She questioned the use of R.J. Noble, and inquired if they would be utilizing local residents to work on the project. She suggested that a lot of the construction, pavement and redevelopment improvements could be handled by many of the residents who are currently out of work. City Attorney Leibold rioted that State law requires competitive bidding and acceptance of the lowest responsible bidder. She explained that the City cannot dictate how the bidders operate their business, but can encourage the use of local residents. City Manager Watenpaugh concurred with the City Attorney, and commented that although there has been past discussion to request local projects try to hire local people, there is no requirement that they comply. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ACCEPT THE BID OF R.J. NOBLE COMPANY AND AWARD THE CONTRACT IN THE AMOUNT OF $349,645 FOR MISSION TRAIL PAVEMENT REHABILITATION. 4. Award of Contract - Fiscal Year 1997 -98 SB821 Sidewalk & Pedestrian Ramp Improvements - EGN Construction, Inc. - $47,950. (F: 146.2) City Manager Watenpaugh highlighted this item, and indicated that the project is located near Elsinore Elementary School and Yarborough Park. He advised that the Engineer's estimate was $42,000, three bids were received, and the low bid was from EGN Construction in the amount of $47,950. He recommended the transfer of Gas Tax funds to assist in funding the project. Councilman Alongi indicated that he pulled this item because he didn't have information as to where the sidewalks were, except in vicinity of the elementary school. He also indicated that the bids were higher than the estimate, and noted that this was the first time he had seen that. He stressed the importance of knowing what streets, sidewalks and ramps are included in the project; and noted that he would appreciate receiving that information in his packet next time. PAGE TWENTY — CITY COUNCIL MINUTES — JUNE 239 1998 MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE TRANSFER OF $69450.00 FROM THE GAS TAX ACCOUNT TO THE 1997 -98 SB 821 PROJECT ACCOUNT AND AWARD THE CONTRACT TO E.G.N. CONSTRUCTION IN THE AMOUNT OF $475950.00. 5. Award of Contract - Strickland Avenue Guard Rail Barricade - Chrisp Company - $14,020. (F:156.2) City Manager Watenpaugh highlighted this item, noting that it will protect three homes on the northerly side of the street. He advised that the Engineer's estimate for the 330 feet of guardrail was $14,000; and only one bid was received for $14,020. Councilman Alongi indicated that if he was correct there were already arrows in place for the curbs. He questioned the last time any car ran off the road into the three houses. He noted that this road has been therefor 35 years and there are other areas where the money could be spend on sidewalks, etc. He stressed that there are arrows indicating that there is a curve there, and the road was there when the houses were built. Councilwoman Brinley indicated that there is a public safety issue to address. Mayor Pro Tern Kelley noted that this was funded in last year's budget. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO AWARD THE STRICKLAND AVENUE GUARD RAIL PROJECT TO CHRISP COMPANY IN THE AMOUNT OF $149020. 7. Lot Line Adjustment between Tract 22912 and City's Future Fire Station Lot on Lincoln Street. (F: 160.2)(X: 127.3) City Manager Watenpaugh highlighted this item, and indicated that staff has recommended the adjustment to transfer the lot line from the bottom of the slope to the top of the slope, to ensure that the slope will ultimately be maintained. Councilman Alongi suggested that this was the City again transferrring the burden of responsibility from the private property owner to the City. He indicated that it did not just appear, it was there; and could be assess to the LLMD to guarantee maintenance of the slope. He stressed that this was private property agreed to in the tract snap. He expressed concern that the citizens will pay to maintain the slope when it should be addressed by the property owners. PAGE TWENTY -.ONE — CITY COUNCIL MINUTES — JUNE 239 1998 MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO AUTHORIZE THE MAYOR TO EXECUTE THE LOT LINE ADJUSTMENT AND AUTHORIZE THE CITY CLERK TO RECORD THE DOCUMENT. 8. Memorandum of Understanding with United Public Employees of California - LIUNA Local 777 for Fiscal Years 1997 -98 and 1998 -99. (F:116.3) City Manager Watenpaugh highlighted this item and noted that the proposed Memorandum had been negotiated and ratified by the employees. He advised that the agreement was for a 2 year contract with a 1.8% cost of living increase and medical and dental insurance increases for a total package of 2.22% in the first year; and a 2.5% total package for 1998 -99. Councilman Alongi indicated that he needed to explain his vote on this item, as he believes that every area should be considered when the City has financial problems. He concurred that the City has good employees, but it is important to hit every area to save a dollar. He indicated that there comes a time when the Council should be unanimous, even when they disagree and this is one of those times. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MEMORANDUM OF UNDERSTANDING WITH UNITED PUBLIC EMPLOYEES OF CALIFORNIA — LIUNA LOCAL 777 FOR THE PERIOD, 1997 -99, AS PRESENTED. 9. Closure of Summerhill Drive. (F:156.1) City Manager Watenpaugh explained this item, and expressed appreciation to the Council for pulling it from the Consent Calendar, as it should have been a Business Item to gain direction from the City Council. Councilman Alongi indicated that Tuscany Hills is within the City of Lake Elsinore and those are all public streets, and everyone makes sacrifices. during the year for the benefit of the Community. He noted that some of the races require complete closure of some areas. He suggested that it was irresponsible for residents to think there is a need to close off public streets, as everyone pays taxes to maintain streets; and indicated it was not fair to close them just because a group has the ear of the Council and receives special treatment. He indicated that Summerhill Drive should remain open unless there is a race on it. He further indicated that last year it was arbitrarily closed, and suggested that it was completely irresponsible to deny residents a place to watch the fireworks. PAGE TWENTY -TWO — CITY COUNCIL MINUTES — JUNE 239 1998, Mayor Pape indicated that while he has not discussed the matter with Tuscany Hills residents; they are not really equipped to handle large amounts of traffic or crowds, noting the problems experienced in years when it was not closed. He specifically noted the lacy of restroom facilities and potential for hazards on the 4t' of July; and suggested that it seemed like a reasonable request for any such area. Councilwoman Brinley noted that this road is subject to closure for races and this is a time when they are heavily impacted and should be assisted. She indicated that this closure would be at no cost to the City, and the homeowners association will pay for the police officer. She concurred that everyone is impacted by special events in one way or another, but stressed the past problems which have been encountered in that area. She suggested that if the residents are willing to pay for expenses, then they should be allowed to do so. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE CLOSURE OF SUMMERHILL DRIVE FOR THE JULY 4 T HOLIDAY AS REQUESTED. Councilman Alongi addressed Councilwoman Brinley and indicated that he did not disagree, but a few inconsiderate people should not spoil the celebration for others. He indicated that most people park some distance from the residences. He suggested that the Council would be wrong to approve this closure and set themselves up for problems in other areas. Mayor Pro Tern Kelley requested an estimate as to how many cars try to go up there and inquired whether there has been problems in the past. Chief Walsh indicated that there have been problems in years past, including parking, no restrooms, and the generation of a good deal of traffic. He indicated that there is a park in the area which could be open to all, but the road closure prevents other problems. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. THE CITY COUNCIL MEETING WAS RECESSED AT 9:30 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:32 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Candy Schmitt, 15227 Washington Avenue, stated that there has been some traffic enforcement made in her area, however it has been done in a very limited basis. She noted that after the traffic monitor was removed enforcement was aggressive for about three or four days, however since that time there has been no PAGE TWENTY- THREE — CITY COUNCIL MINUTES — JUNE 239 1998 enforcement at all. She further stated that it is the responsibility of the Council to see to the safety of the citizens and she felt that some stop signs might assist in slowing traffic. She further suggested that there are other cities that use speed bumps in problem neighborhoods and the City could research the possibility of that use. She invited Council to come and sit in her front yard and watch the traffic that speeds up and down the street. Chris Hyland, 15191 Wavecrest Drive, disagreed that the City is in good financial shape and noted a lawsuit against the City for $2.4 that was recently awarded to a local citizen. She further noted that there is another lawsuit pending against the City that may be greater than $2.4 million. She stated that if the City appeals the interest will continue on the amount. She cautioned the tax payer that this is not paid by the insurance company, but rather from the General Fund, since the RDA has no money. Desiree O'Neill, 15253 Washington Avenue, stated that all of the suggestions that she has made to resolve the traffic problems on her street have been dismissed as not possible and she stated her frustration with the entire situation. She noted that for buyers to move into their homes, the City had to approve the safety of the streets, therefore why is the,City not taking action to insure the safety of the children and the residents on Washington Street. She cited a recent incident that she experienced with racing cars and asked that Council address this issue. Pat Homes, 2657 Regent Road,, Carlsbad, stated that she is the owner of 96 Eleanor which was rented by a church and has been rezoned residential. She explained that the property has a building on it and she has a possible renter, however for him to rent the building he will have to pay a fee of $2,000. She stated that the cost has made it impossible for her to rent her building and she is paying taxes for commercial property, however she cannot rent it as such. She asked for Council assistance. Mayor Pape pointed out Community Development Director Brady and suggested that Ms. Homes discuss this issue with him. Harold Boutilier, 15245 Washington Avenue, and addressed the problem with traffic on his street and the danger that is present to their children caused by speeding cars. He stated that it the duty of Council to address safety issues and his neighborhood wants to prevent a serious accident. He suggested that the citizens be allow to assist the Police Department as other cities have done to do traffic enforcement for their area. Linda Nanetti, questioned where the City is going to get the money for the recent lawsuit. She suggested that the Redevelopment Agency and the Council become separate entities and not part of the City coffers. She suggested that this would allow the money from the taxpayer to be utilized for the needs of the City and the misuse of the RDA funds and lawsuits would not affect the General Fund. She noted that other cities do not have RDA draining their coffers. PAGE TWENTY -FOUR — CITY COUNCIL MINUTES — JUNE 23, 1998 CITY MANAGER COMMENTS City Manager Watenpaugh addressed the problems on Washington Avenue and stated that he will contact Mrs. O'Neill to set a neighborhood meeting. He also addressed Mrs. Zeiler's comments and stated that he will provide information for Mrs. Zeiler to pursue. He stated that the City is concerned with future water and water rates, however it is not something that the City cannot directly control. He congratulated the City Attorney on her 7t' Anniversary. CITY ATTORNEY COMMENTS No Comments. CITY COUNCIL COMMENTS Councilman Metze commented on the following: Addressed the problems on Washington Street and noted that if the City places a stop sign on Washington Avenue and it is not warranted, then the City is held liable should there be an accident. He stated that it is frustrating, however the problem must be addressed in the proper manner to protect everyone and he will be happy to meet with the residents to work on this issue. Councilman Alongi commented on the following: Stated that money solves a lot of problems and that is why he feels that it is important how the City spends the money. He stated that he would like to see the City take $100,000 and hire a police officer to sit on Washington Avenue to end the problem. He noted that when people start getting tickets and pay fines, they pay attention. He stated that he would rather see us spend the money in that manner rather than on 4X4 trucks. 2. Addressed LEAF and cautioned people to have their pets spayed and neutered. He noted that the amount of animals being turned into the pound is growing and people need to be responsible. 3. Addressed HOPE and stated that every Saturday at 12:00p.m., there will be free lunch bags, groceries and clothing at the Grand Avenue Association Building, 17400 Grand Avenue. 4. Commented on the Community Center and stated that he felt that too much money was set aside and there is a lot of work that can be done by PAGE TWENTY -FIVE — CITY COUNCIL MINUTES — JUNE 23,1998 volunteers. He stated that the City needs volunteers to paint, remove carpets off of the walls, someone who can lay and repair carpet. He stressed that the community needs to come to together and show that they have an interest in their own city by getting the Community Center open. He noted that the people that are doing the graffiti could contribute by applying their art to the walls of the Community Center. Commented on the purchase of computer equipment at City Hall and explained that the reason the bid was extended was because the closing date was set on a Friday, and because City Hall is closed it had to be extended. He further commented on the honesty of the people on Council and staff and stated that they make mistakes, however they are not trying to favor anyone. 6. Commented on a meeting with Senator Haynes and stated his surprise regarding the discussion on Low Income Housing. He noted that in other communities the Mayors help to build houses and in this community we tear them down. 7. Stated that he has a problem with changing Multiple Family Zoning because everytime the City does that we restrict that type of building. He noted that the General Plan calls for that zoning and the owner of the property had the opportunity to appear before Council to address the zoning and it should remain the same now that the General Plan has been adopted. He explained that the commercial businesses that are coming to the community provide minimum wage jobs, however the City does not provide minimum wage housing. He stated that those people are entitled to quality housing the same as everyone else. 8. Addressed the use of_the. RDA to purchase homes that have been boarded up, rehabilitate, and sell them to working families that cannot afford new homes and generate income for RDA. He explained to Ms. Nanetti that the RDA is a separate entity and asked that she educate herself in regard to RDA. Councilwoman Brinley commented on the following: Thanked Senator Haynes for spending some time on Saturday with Council. She noted that he touched upon vehicle tax and a breakdown of the structure. She stated that she felt that the meeting was very valuable. 2. Addressed Washington Avenue and stated that Council has been interested. She made note of the amount of tickets that have been given over the last two weeks and stated that it does have some impact. She stated that this is an important issue and the children of the community are our concern. She noted the traffic concern in her neighborhood and stressed her PAGE TWENTY -SIX — CITY COUNCIL MINUTES — JUNE 239 1998 understanding of their problem. Asked staff to provide some books to Ms. Nanetti to help her better understand RDA. She noted that this body of officials have been working hard to resolve the financial problems of the RDA and hope to completely resolve all the problems in not too many more years. 4. Congratulate staff and the City Manager on the budget and commented on what a good job they have done. Expressed her pleasure with the opening of the Community Center, the Campground and extra Code Enforcement. She stressed her concern regarding illegal businesses setting up areas on the weekends and taking business away from our local merchants. 6. Asked the City Attorney to explain Council's position in regard to lawsuits. City Attorney Leibold noted the lawsuits that the City is currently working on and the fact that the majority of them she is currently dealing with are from eight or more years ago. She explained that the City will be making a motion for an appeal and she will continue to resolve the problems. She stated that the paperwork for the lawsuit is public information, however it will not be discussed. Mayor Pro Tern Kelley commented on the following: Concurred with Councilwoman Brinley regarding the good job done on the budget and noted how easy it is to understand. She explained that Council was given the opportunity to work with staff and review the budget line by line and express their opinions and desires. She stated that all areas are open for discussion and the Council will be glad to meet with the public to receive their input. 2. Addressed the problem on Washington Avenue and stated that Council is and will be working on the problem. She stated that Council will be working with Captain Walsh to see what can be done. Mayor Pape commented on the following: Thanked the Board of Realtors, who were painting over graffiti today, for doing such a good job. He noted that the City has budgeted for a graffiti program and commented on what a good job everyone has done. 2. Wished everyone a happy 4"' of July. PAGE - TWENTY -SEVEN — CITY COUNCIL MINUTES — JUNE 23,1998 City Attorney Leibold addressed the comments regarding litigation and indicated that all cities are potential parties in litigation and are perceived as deep pockets, although many such cases are without merit. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision ( a) of Section 54956.9): Koliber vs. Elsinore Valley Municipal Water District, et al - Case #217976 Harvey & Page, et al. vs. Elsinore Valley Municipal Water District, et al. - Case #215768. Williams & Hasson vs. City of Lake Elsinore - Case #257165 /Williams vs. City of Lake Elsinore -Case #257162. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision ( b ) of Section 54956.9 (1 Case). City Attorney Leibold announced the above listed closed session items. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:15 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEMS. THE CITY COUNCIL MEETING RECONVENED AT 10:40 P.M., WITH THE FOLLOWING ANNOUNCEMENTS: With regard to the following litigation, Koliber vs. Elsinore Valley Municipal Water District, et al - Case #217976 Harvey & Page, et al. vs. Elsinore Valley Municipal Water District, et al. - Case #215768. Legal Counsel Leibold provided a Status Report to the City Council and by a vote of 5 to 0 provided clarification of settlement authority. With regard to the following litigation, Williams & Hasson vs. City of Lake Elsinore - Case 4257165 /Williams vs. City of Lake Elsinore - Case #257162. Legal Counsel Leibold provided a Status Report to the City Council. PAGE TWENTY -EIGHT — CITY COUNCIL MINUTES — JUNE 23, 1998 With regard to anticipated litigation, Legal Counsel Leibold reported no action. ADJOURNMENT MOVED BY ALONGI, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:41 P.M. S; W. PAPr, MAYOR OF LAKE ELSINORE ATjFI�;ST: �J1�� VtCKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 14, 1998 *�t x' kxxat is x' 9: *xxxxa2 de x'rr.xxr.r. x�':xx�': r'.kxxx *x kxk kk *x *ie x' at r'. �F d:x �'e :O �Fkkxxkk *xx' at aFk 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 Councilwoman Brinley. INVOCATION The Invocation was provided by Pastor Jack Warford representing the First Southern Baptist Church. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Acting City Attorney Ron Van Blarcom, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, City Engineer O'Donnell, Police Lt. Horton, Fire Chief Seabert, Assistant to the City Manager Best and City Cleric Kasad. PRESENTATIONS A. Presentation —Peter Dawson. (F:56.1) Mayor Pape called Mr. Dawson forward and noted his efforts to promote the Lake and activities on it. He presented Mr. Dawson with a City Tile Plaque and thanked him for his efforts. Mr. Dawson thanked the Council for this recognition, but noted the efforts of others who have worked just as hard as he without recognition. He stressed that progress takes the efforts of many people. He noted his personal satisfaction with working for himself and assisting the Community. PUBLIC COMMENTS — AGENDIZED ITEMS Requests were received to address the following items and deferred to those items: PAGE TWO — CITY COUNCIL MINUTES — JULY 14, 1998 Item Nos. 32 and 33. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5 and 6. 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 approve: Regular City Council Meeting — June 9, 1998. (17:44.4) The following Minutes were received and ordered filed: Planning Commission Meeting = June 3, 1998. (17:60.3) Planning Commission Meeting — June 17, 1998. Design Review Committee Meeting — June 3, 1998. (F:60.4) Design Review Committee Meeting —June 17, 1998. 2. Ratified the Warrant List for June 30, 1998. (F:12.3) 3. Rejected and referred to Claims Administrator for handling, the Claim Against the City submitted by Carlos Gonzales (CL #98 -17). (F:52.2) PUBLIC HEARING 21. Fiscal Year 1998 -99 Citywide Lighting and Landscape Maintenance District. (F:22.2) City Manager Watenpaugh highlighted the program and the budget, which remains the same as last year. He noted that presence of City Attorney representatives Ron Van Blarcoin and David Mann to respond to any questions on this item. Mayor Pape opened the public hearing at 7:10 p.m. asking those persons interested in this item to speak. Hearing no one the public hearing was closed at 7:10 p.m. Councilwoman Brinley noted that with no increases there was not a lot to discuss. Mayor Pape concurred, noting that it was strictly a roll over budget. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 98 -19, SETTING THE FISCAL YEAR 1998 -99 BENEFIT ASSESSMENT. PAGE THREE — CITY COUNCIL MINUTES — JULY 149 1998 BUSINESS ITEMS 31. Second Reading — Ordinance No. 1038 — Zone Change No. 98 -1. (F:172.2) City Manager Watenpaugh highlighted this item. MOVED BY KELLEY, SECONDED BY BRINLEY TO ADOPT ORDINANCE NO. 1038 UPON SECOND READING BY TITLE ONLY. Councilman Alongi noted the discussion at the last meeting and his support of the Ordinance, but-expressed concern with the reasons for the zone change. He noted that the area is all residential and access will still have to be through the residential area to get to the project. Linda Nanetti, 16293 Cimarron Road, apologized to the RDA for not knowing all of the facts before she spoke, but indicated that there is still lot to do. She expressed concern with people who do not participate in government or the community. She stressed the need to neighbors to get active in the community. ORDINANCE NO. 1038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHAGNING THE ZONING OF 9.11 GROSS ACRES ALONG FRANKLIN STREET FROM R -3 (HIGH DENSITY RESIDENTIAL) ZONING TO C -2 GENERAL COMMERCIAL - ZONE CHANGE 98 -1. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCI LMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Community Facilities District 98 -1 Election Results /Ordinance Authorizin the Levv of a Special Tax — Resolution No. 98 -20 and Ordinance No. 1039. (F:223) City Manager Watenpaugh highlighted this item and explained the formation of Community Facilities District 98 -1. He reminded the Council that this is not a funding for the developer, but for the trustee and the bondholders. He stressed that construction will need to occur prior to this District moving forward. City Clerk Kasad reported that the property owner's ballot was in support of PAGE FOUR — CITY COUNCIL MINUTES — JULY 149 1998 this formation. Mayor Pro Tem Kelley noted that this action is part of the financial workout plan carried over from the last meeting MOVED BY KELLEY, SECONDED BY BRINLEY TO ADOPT RESOLUTION NO. 98-20 CANVASSING THE RESULTS OF THE ELECTION, AND ADOPT ORDINANCE NO. 1039 UPON FIRST READING BY TITLE ONLY. Mayor Pape noted that there has been good news on this property, particularly for the residents of Summerhill. He announced that last week Abaccy sold and closed escrow on 233 lots. He noted that with this purchase, model homes could go up very quickly. He further noted that the remaining 189 lots will be purchased by another company and that announcement should follow within the very near future. Councilman Alongi stressed that no bonds should be sold or transferred before the property is sold. He noted that property values can be raised in many different ways. He expressed concern for the predicament which could occur and indicated that this information was not what he previously voted on. Mayor Pape indicated that it was the same information as previously discussed. Councilman Alongi indicated that homes were supposed to be sold and occupied prior to bonds being issued. Council discussion ensued with regard to the 3 to 1 ratio. Councilman Alongi stressed the verbiage he would like to see in the agreement. Mayor Pape noted that the bonds have not been sold and the matter will be required to return to Council for approval prior to selling the bonds; and if the situation is not satisfactory at that time the Council does not have to authorize the issuance. Councilman Alongi expressed concern that the only person voting on this matter is the developer. Mayor Pape clarified that this action would only impact the property owners and the developer is currently the only property owner. Councilman Alongi questioned whether people would buy houses with these assessments on them and expressed concern that the Council might change and the original intent of the action would be changed. ORDINANCE NO. 1039 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98-1 AUTHROIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, PAGE FIVE — CITY COUNCIL MINUTES — JULY 149 1998 METZE, PAPE NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Stop Sign Controlled Intersection — Washington Avenue and Dijon Street — Resolution No. 98 -21. (F:162.2) City Manager Watenpaugh highlighted this item and noted the regulatory factors limiting placement of traffic controls. He explained that this area meets the criteria for stop signs on "interior collector streets ". He advised that staff was proposing that they proceed with installing two stop signs and striping the streets, at a cost of about $1,500. He noted that Chief Walsh and staff met with the residents and implemented some additional traffic enforcement hours in the area. He advised that the police department had issued 35 citations and made one DUI arrest. Desiree O'Neal, 15253 Washington Ave., believes the stop signs are a start although they may not solve the problem. She thanked the Police Department for the additional patrols and detailed the DUI situation. She expressed appreciation for the assistance to date and requested continued patrol for a while longer. Earl Boutilier, 15245 Washington Avenue, echoed the comments of Ms. O'Neal and expressed appreciation to the Council and Police Department. He noted that the number of citations speaks volumes with regard to the problems. He stressed that this warrants further attention, and suggested that as the community grows there is a need for the residents to take responsibility for their neighborhoods. He stressed the importance of staying focused on this problem and having the residents get involved, noting that there are also CC & R violations to be addressed. Sue Schultz, 157 S. Terra Cotta, stressed the importance of this issue and the importance of coining before the Council to find solutions. She noted correspondence dating back to July, 1988, relating to closure of the street. She further noted that she was appalled at comments by City staff with, regard to the request for speed bumps. She noted that she testified in the trial for the Reichard claim; and suggested that it might be appropriate to cul -de -sac the street. Councilman Alongi noted that when this development went in, it was staff's recommendation that no houses face Washington Street because it is a collector street. He suggested that sometimes we create our own problems, but a stop sign would not stop someone who is going to break the law. He further suggested that the only way to correct the problem is with high sheriff visibility in the area, as the stop signs won't solve the problem. He PAGE SIX — CITY COUNCIL MINUTES — JULY 14,1998 indicated that if pressure is applied to staff, the staff will recommend what the Council wants. He noted that he will vote for the stop sign because the community wants it, but stressed that it would not solve the problem. Councilwoman Brinley noted her understanding of this situation, based on traffic in her neighborhood and concurred that a stop sign is not a speed control measure. She noted the tragedy of people driving under the influence of alcohol, and expressed concern with the DUI arrest in the area. She indicated that she would be voting in support of the stop signs out of understanding of the concerns for the residents. She commented that she discussed the citations written with the City Manager and stressed the need for continued high visibility. Mayor Pro Tern Kelley expressed support for the stop sign and suggested that it was a good first step, but it will also be important to continue the police patrols in the area. She indicated that the Council would need to direct the Planning Commission and future developers to be aware of traffic flows; but stressed that the ultimate responsibility lies with the drivers on Washington Street. She further stressed that the City can try to enforce the laws, but the citizens have the responsibility for abiding by the laws. Councilman Metze indicated that this was a small but necessary step and suggested that Washington and Terra Cotta should be cul- de- saced. He indicated that when the developer starts work on the Torn Ranch property he will insist on cul- de- lacing. He concurred that people drive too fast and this should not be a through street. MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT RESOLUTION NO. 98-21 AUTHORIZING ALL WAY STOP SIGN CONTROL FOR ALL INTERSECTION APPROACHES ON WASHINGTON AVENUE AND DIJON STREET. Mayor Pape noted the recent discussions with staff and the residents, and the increased patrols; and expressed hopes that the effort would change the pattern. He noted that when going down Lincoln Street it is important to make a conscious effort to slow down, coming down the hill. He further noted the recent dramatic reduction in speed on Lincoln Street, and suggested that most people don't intentionally speed, but they just tend to go too fast. He indicated that he spoke with the Police Chief and they will be in the area providing enforcement in addition to the stop sign. Councilman Metze noted that cul- de- sacing would assist and he did not know how long the City could allow for increased police patrols. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PAGE SEVEN — CITY COUNCIL MINUTES — JULY 14, 1998 RESOLUTION NO. 98 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 34. Appointment to Riverside County Transportation Commission (RCTC). (F:140.19) City Manager Watenpaugh explained that this request is based on the planned expansion of RCTC. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPOINT MAYOR PAPE TO SERVE AS THE CITY'S RESPRESENTATIVE TO THE RIVERSIDE COUNTY TRANSPORATION COMMISSION. ITEMS PULLED FROM THE CONSENT CALENDAR 4. 24t' Year C.D.B.G. Supplemental Agreement. (F:68.1)(X:84.2) City Manager Watenpaugh clarified that the funding in this agreement has already been approved and this item is for ratification of the agreement. Councilman Alongi indicated that it is difficult to vote against this item even if some programs don't get funding. He noted the agreement to give HOPE and Operation School Bell funds was not included in the final agreement. He noted that this item is tied to item #5 and he has not yet received information on how many of the seniors at the Center are City residents vs. County residents. He questioned how much the City should have to subsidize, noting that the County contributes $30,000, but the City contributes $50,000. He indicated that while he would support this item, he is concerned with the CDBG funds being used for the Senior Center. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SUPPLEMNTAL AGREEMENT FOR 24TH YEAR C.D.B.G. FUNDS FOR ALTERNATIVES TO DOMESTIC VIOLENCE ($2,500); LAKE ELSINORE SENIOR CENTER ($50,000); OPERATION SCHOOL BELL ($2,500); H.O.P.E. ($2,500); SPRING STREET RECONSTRUCTION PROJECT ($104,971); CODE ENFORCEMENT ($34,985); AND AUTHORIZED THE MAYOR AND STAFF TO EXECUTE THE APPROAPRIATE DOCUMENTS AND TRANSMIT TO THE COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY. CDBG Sponsor's Agreement. (F.68.1)(X:84.2) MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY PAGE EIGHT — CITY COUNCIL MINUTES — JULY 149 1998 UNANIMOUS VOTE TO APPROVE THE SPONSOR'S AGREEMENT AND DIRECT THE CITY CLERK TO HAVE THE DOCUMENTS EXECUTED AND FORWARDED. 6. Crane's Boat Docks. (F:92.1) City Manager Watenpaugh explained this item and noted the proposed agreement and diagrams. He noted that the docks would extend no more than 190', and explained that this is a partnership effort with the facility. He clarified that they are seeking City approval because they will be extending into the Lake beyond their property. He advised that they are willing to buy a business license and work with the City on special events. Councilman Alongi indicated that he pulled this item because the facility is in the County and they are not required to have a City business license. He questioned the liability of getting involved in the County area. He suggested that the applicant should be talking to Supervisor Buster. City Manager Watenpaugh reiterated that the docks would extend into City property, and the applicant approached the City; the City did not solicit such an effort. He detailed the location of the proposed docks and suggested that staff saw the partnership as a positive move. He further reiterated that they are willing to buy a business license. Councilman Alongi stressed the issue of riparian rights which have never been cleared up, and other legal questions to be answered. He further stressed the importance of evaluating the liability for the City. Mayor Pape inquired of City Manager Watenpaugh whether the city has responsibility for recreation on the surface of the lake. City Manager Watenpaugh confirm that would be a City responsibility, along with enforcement factors. Councilman Metze noted the staff report regarding water surface issues, and noted that the proposal seems very positive. Councilwoman Brinley.inquired whether this item had been discussed with the City Attorney. City Manager Watenpaugh confirmed. Acting City Attorney Van Blarcom indicated that there will always be increased liability with increased activity. He commented that the City interests have beep well considered, but there will still be a matter of liability. Councilwoman Brinley stressed that there will be responsibility with use of the Lake, but this is a positive effort. Mayor Pro Tern Kelley inquired how high the dock would be above the water level. Assistant to the City Manager Best indicated that it would be an 18" dock. Mrs. Kelley inquired if there would be sales of advertising and where it would be. Mr. Jarret, 481 Sommerset, Corona, indicated that the docks would be 187 high, 16' wide and 60 feet long, with sign sections. He clarified that the PAGE NINE — CITY COUNCIL MINUTES — JULY 14, 1998 dock sections would be moved to accommodate variable water levels. Mrs. Kelley inquired who would be maintaining the signs. Mr. Jarret indicated that they would maintain the signs. Mrs. Kelley stressed the need to assure that they are always well maintained and liability is prevented for the City. She indicated that overall she was supportive of this project. MOVED BY KELLEY, SECONDED BY BRINLEY TO APPROVE THE BOAT DOCK SYSTEM AND DIRECT STAFF TO WORK WITH THE FACILITY AND DEVELOPER TO ENSURE COMPLIANCE WITH ALL APPLICABLE CITY ORDINANCES , CODES AND REGULATIONS. Mayor Pape indicated that he would be in favor of anything that promotes Lake usage. Councilman Alongi inquired if they would allow overnight mooring. Mr. Jarrett indicated that they would like to do so in the future. Mr. Alongi inquired whether they would collect the City's day use fees. Mr. Jarrett confirmed. Councilman Alongi indicated that he also would support activity on the Lake. He inquired if the City Manager had received comments from the JPIA on this matter. Mr. Watenpaugh indicated that he checked and there would be no increase. Councilman Alongi indicated that he thinks this is a great idea, but he would like more formal information from the JPIA, and a feasibility study. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE CITY COUNCIL MEETING WAS RECESSED AT 8:11 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:12 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Jeanie Corral, 16410 West Lakeshore Drive, appeared on behalf of the Lake Elsinore Woman's Club and addressed a citation for signage. Asked that the ordinance be amended to waive fees for banners that are placed for non -profit endeavors or placed to support the organization. She stated that her organization would be happy to pay, however they would like to compromise with the City since they would like to use a banner to inform the public that the Club House is for rent to the public. She asked that the City use Code Enforcement to address the high weed problem across from the Woman's Club as well as address the residence next door to the Woman's Club House. Bob Salchow, 9 Villa Valtelena, addressed the closure of Summerhill closure on the 4t' of July and thanked Council for their support in regard to this matter. He stated his displeasure of Councilman Alongi's remarks and stated that the residents of Summerhill have to pay 100% of the slopes maintenance and landscaping as well as contributing to the rest of the City through their LLMD fees. He stressed that when the public comes into the area, they would have to enter private property to view the fireworks and /or park on Summerhill Drive, PAGE TEN — CITY COUNCIL MINUTES — JULY 149 1998 which has no parking at any tune. He noted that they have abused the area in the past and it is the residents of Summerhill that must pick up the tab to clean up the area and replace damaged landscaping. George Cameron, 116 W. Sumner Avenue, thanked the City Manager Watenpaugh and Councilman Alongi for their assistance when the property on Main and Sumner was condemned. He noted that through the condemnation he and his family would have been homeless. He explained that even through the property should be condemned, the City should have some resources for the families that are evicted. He noted that although a family is low income does not mean that they are low life. He explained that even though the extension has been granted, there are still no resources and on behalf of himself and his fellow neighbors he wished Council to consider that on August 7, there will still be 13 children who will be homeless and they do need help. Chris Hyland, 15191 Wavecrest, responded to the letter from City Manager Watenpaugh regarding the computers. She stated that she could not understand why the City will give no business to anyone except the man in Rialto. She stressed it upsets her to take her tax money and give it to outside vendors, since there are several vendors in the City who would do as well. She noted the cost of business cards and objected to the lighting of trees on Main Street. Rene Cabahug, 27 Corte Madera, addressed his proposal to build a solar electric generating power plant in the City of Lake Elsinore. He noted the potential location and the advantages of have a City power plant. He gave a background of his company and the impact of the deregulation of electricity. He encouraged Council to consider his proposal. Pat Lyda, 32810 Keel Drive, stated her concern regarding the $20,000 for lights in the trees on Main Street. She noted that the money could be better spent elsewhere. - Donald Ketch, 505 N. Ellis Street, commented on the lack of fireworks provided by the City and stated that he would rather have fireworks for his children instead of lights in trees on Main Street. Linda Nanetti, 16293 Cimarron Road, stated her pleasure that people are addressing the issues. She read an article from the Press Enterprise and stated her agreement about people stepping forward and expressing their opinions. CITY MANAGER COMMENTS 1. Thanked Ron Van Blarcom and David Mann substituting for the City Attorney. 2. Thanked Pete Dawson for his recognition of local volunteers. He noted that a Volunteer Awards Program should be considered on an annual basis. PAGE ELEVEN — CITY COUNCIL MINUTES — JULY 14, 1998 Noted that City staff is in process of review of the Banner Ordinance and explained that staff is limited and camlot address all the illegal banners that are in the City. He further explained that staff is in the process of evaluating the ordinance to see if the fees can be waived for non - profit organizations. 4. Addressed the ability to develop resources for low income. He noted that this is a priority for the future. 5. Stated that the notices and bids on the computers were distributed at the same time. 6. Stressed that it is a slow process to return services and asked that the public be supportive. CITY ATTORNEY COMMENTS No Comments. CITY COUNCIL COMMENTS Councilman Metze commented on the following: 1. Complimented the Storm and Lake Elsinore Entertainment for the festivities on the 4"' of July. He noted that there were approximately 12, 000 people in the Stadium and approximately 5 to 10 thousand people sitting outside. He further noted that for a City of 27,000 he did not feel that it was a disappointment. 2. Noted the Special Meeting for the RCHCA that will be held on the 29 ' of July and he will bring back more information for the Council and public. Councilman Alongi commented on the following: Suggested that the residents from Tuscany Hills get the minutes to clarify the situation with the slopes. He addressed the closure of streets in Tuscany Hills and stated that they are City streets and there is a public park in Tuscany Hills and if they wanted it to be private, they should have made the tract a gated community. He noted that the rich, middle class and poor of the entire City contribute toward the street sweeping and maintenance as well as the maintenance of the park. He asked what would happen if his neighborhood decided to boycott the motorcycle races. He explained that his neighborhood goes through what they go through during the races and there are some people that have no consideration and there is nothing that anyone can do about it, ,because they are the kind of people that they are. He further explained that we should look at the overall picture of the people who behave themselves, and we refuse them the one thing that they have to celebrate which is the 4"' of July fireworks. PAGE TWELVE — CITY COUNCIL MINUTES — JULY 14, 1998 2. Commented on the euthanasia of dogs and cats by LEAF and the high numbers they are experiencing. He noted the amount of money this costs to address the problem, which could better be spent on our children and their needs. 3. He addressed Washington Avenue and stated that if any area requires a police officer more than others, then the City should address it. There are various programs that can be designed to control traffic through exposure at various times. 4. Addressed the housing problem for low income and noted that what the Mayor views as low income are really slums. He noted the abatement program and the lack of services provided to the low income. He suggested that the families that are displaced should be provided with temporary housing to allow them the opportunity to find another residence and the cost should be passed on to the owner of the property that had to be abated. 5. Noted that the VFW is asking for donations to replace flags and poles that have been stolen. 6. Suggested that local citizens drive by the apartments at 283 North Main Street and see the type of slums that some of the landlords have in this City and the tenants that are caught in the middle. 7. Noted that the traffic light has taken two years to be installed at Highway 74 and stated his surprise that there has not been a major accident at that site. 8. Noted that if the Council wishes to continue to allow the Mayor and RDA Chair to attend meetings with our staff they should be required to provide a report as to what was discussed to inform the rest of Council. 9. Had a great time at the Stadium for the 4t" of July. ( 8. Addressed the issue of TMC that was in the paper and stated that the City '\ has a professional staff and makes very good decisions. 9. Stated that he feels that there should not be any street closures, however he does understand the feelings of the people in Tuscany Hills. He stated that he has a different opinion and does not like to see public streets closed. Councilwoman Brinley commented on the following: 1. Commended Lake Elsinore Entertainment for the good job that they did for the 4t" of July. 2. Thanked the Chamber of Commerce for the Street Faire held both Saturday and Sunday of last weekend. She stated that she heard it was a big success and has grown each month. PAGE THIRTEEN — CITY COUNCIL MINUTES — JULY 149 1998 3. Addressed the Woman's Club and stated her support and agreed that the Banner Ordinance does need to be reviewed. She explained the purpose of the Banner Ordinance and past history that caused this ordinance to be passed. 4. Addressed the resident of the apartments at 283 N. Main Street and explained that the extension was granted to allow the residents time to relocate. She explained that the Council is concerned and they do care, however Council cannot allow people to live in sub - standard conditions. She noted the responsibility of the landlord to their tenants and explained that the City would be remiss if they allowed substandard conditions to continue without taking action. She stated that the Council does care, however the main responsibility for the care of tenants is with the owner /landlord and he must be held accountable. 5. Addressed the person who proposed a solar plant. She stated that she read the portfolio and directed author to make an appointment with City Manager Watenpaugh. She explained that he will put you in contact with Todd Olsen, since the project is proposed to be located in the Eastlake Project area and should be proposed to him prior to presenting it to the City. 6. She asked the City Manager about the article in the newspaper by Todd Olsen. City Manager Watenpaugh stated that the issue has been resolved. She stated that TMC is moving forward with the project and the City is looking forward to a good working relationship with them. 7. Asked City Manager Watenpaugh to explain the funding for the lights in the tress on Main Street. She gave a history of the lighting of the trees. City Manager Watenpaugh explained that the funds are Park Capital in Lieu Funds. He explained that the designated funds cannot be used for other purposes and cannot be used for maintenance. 8. Stated that the meetings that were attended are reported in the Weekly Information Memo to update Council. 9. Explained that the only palm trees that will be removed are the ones that will create a hazard to the electric lines. She noted that there is a relocation program being formed to take the trees from one area and placed in another. Mayor Pro Tem Kelley commented on the following: Thanked Pete Dawson for his contributions to the community and congratulated him on a job well done. 2. Responded to a Letter to the Editor in the Californian Newspaper regarding the landscaping around the new library. She clarified County ownership of the library building and their responsibility for the landscaping. She asked that the public be patient with the County since they have a lot to accomplish both on the inside and the outside and will be attending to these PAGE FOURTEEN — CITY COUNCIL MINUTES — JULY 14, 1998 items as they can. Invited the public to the Ribbon Cutting Ceremony for the new Library on Monday, July 20, 1998, at 4:00 p.m. She explained that this will be a soft opening to get things off the ground. She noted that the Gala Grand Opening will occur around the 1St of September. 4. She asked that the Library needs volunteers to shelve the books in the new Library and if anyone is interested they should contact Linda Walsh and she will delighted to have your help. Invited the community to attend the 3rd Annual Address to the City presented by the Mayor. She noted that it is on Wednesday, August 5, 1998, at 7:00 a.m. at the Lake Elsinore Diamond Club, $10.00 a person. She stated that reservations must be turned into the City by July 28, 1998. Mayor Pro Tem Kelley commented on the following: Address to the City presented by the Mayor. She noted that it is on Wednesday, August 5, 1998, at 7:00 a.m. at the Lake Elsinore Diamond Club, $10.00 a person. She stated that reservations must be turned into the City by July 28, 1998. Mayor Pape commented on the following: Announced that the U.S. Post Office collected 6,000 pounds of canned goods to help the less fortunate in the community. Mayor Pape commended them for their efforts. 2. He noted that the City Manager and City Attorney are working on the Banner Ordinance, however it must go through the Planning Commission first prior to being heard and moved on by Council, however, it is in the works. He explained the proposed rules for non - profit organizations. Addressed the issues on 283 North Main Street and explained that the situation is deplorable and explained the conditions that were found in the apartments. He hoped that the extra amount of time that was awarded would allow the tenants who reside in those apartments to find other living accommodations. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Lake Elsinore vs. Lytle Creels Partners — Case #213915 and Koliber vs. Elsinore Valley Municipal Water District, et al — Case #217976 & 217968. PAGE FIFTEEN — CITY COUNCIL MINUTES — JULY 14,1998 The Gorham Company vs. Kanayan Construction/City of Lake Elsinore Case #307401. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9) — 1 Case. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c ) of Section 54956.9) — 1 Case. Acting City Attorney Van Blarcom requested closed session discussions as detailed above and noted that there would be an announcement prior to the adj ournment. THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY BOARD AT 9:12 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:45 P.M. WITH THE FOLLOWING ANNOUNCEMENTS: With regard to City of Lake Elsinore vs. Lytle Creek Partners — Case #213915 and Koliber vs. Elsinore Valley Municipal Water District, et al — Case #217976 & 217968; a status report was provided by staff . No action taken. With regard to The Gorham Company vs. Kanayan Construction/City of Lake Elsinore - Case 9307401; the City Council unanimously directed the City Attorney to go forward with the case. With regard to Anticipated Litigation under 54956.9 (b) there was no action taken. With regard to Anticipated Litigation under 54956.9 ( c ) the City Council unanimously authorized the City Attorney to proceed. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY KELLLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR C Y COUNCIL MEETING AT 9:46 P.M. Gf% n:idYCLERK EVIN W. P PE, MAYOR CITY OF LAKE ELSINORE CIT Jc' OF LAKF A LSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 289 1998 x kxxkkka 'exdex�'exd:x�'er.9:�'ex9: a4x9c dr �'e it x'aF 9c aF kaF it ki; *ic ki; : tick *i: kickkic kick katk ka6 is kaF at is katk CALL TO ORDER 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 None. 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 Brady, Senior Planner Villa, Community Services Director Sapp, Assistant to the City Manager Best, Fire Chief Seabert, Police Lt. Horton, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS None. PUBLIC COMMENTS — AGENDIZED ITEMS Requests were received to address the following item and deferred to that discussion: Item No. 32. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5, 6 and 8. PAGE TWO — CITY COUNCIL MINUTES — JULY 28, 1998 MOVED BY BRINLEY, SECONDED BY METZE 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 — June 23, 1998 (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting — July 1, 1998. (F:60.3) C. Design Review Committee Meeting — July 1, 1998. (F:60.4) 2. Ratified Warrant List for July 15, 1998. (F:12.3) 3. Received and ordered filed the Investment Report for May, 1998. (F:12.5) 7. Adopted Resolution Nos. 98 -23 to 98 -27 Confirming Fiscal Year 1998 -99 Special Assessments in AD 87 -2,. AD 89 -1, AD 86 -1, AD 90 -1A and AD 93- 1.(F:22.3) RESOLUTION NO. 98 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 87 -2 — SHOPPERS SQUARE). RESOLUTION NO. 98-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 89- 1 - SUMMERHILL BRIDGE IMPROVEMENTS). RESOLUTION NO. 98 -25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 86 -1 — NORTHWEST SEWER DISTRICT). RESOLUTION NO. 98 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE PAGE THREE — CITY COUNCIL MINUTES - JULY 289 1998 COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 90 -1A — SUMMERHILL PUBLIC IMPROVEMENTS). RESOLUTION NO. 98-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 93 -1— COTTONWOOD HILLS PUBLIC IMPROVEMENTS). PUBLIC HEARING 21. CR & R, Inc. — Request to Put Refuse Billing on Fiscal Year 1998 -99 Tax Roll. — Resolution No. 98 -22. (F:163.1)(X:68.1) City Manager Watenpaugh highlighted this item and noted the original agreement in June of 1992 to provide waste management and trash collection in the City. He explained that due to collection problems the City Council approved putting delinquent bills on the tax rolls in July of 1998. Mayor Pape noted that for most residents this will have no impact. Mayor Pape opened the public hearing at 7:06 p.m., asking those persons interested in this item to speak. The following person spoke: Dick Knapp City Treasurer, indicated that he would like to establish a policy that would require only a telephone call to have bills removed from the tax rolls. He further indicated that he would like to prevent keeping a bill on the tax rolls indefinitely. He questioned the amount of fees and charges when bills are placed on the tax roll. Hearing no additional requests to speak, the public hearing was closed at 7:08 p.m. Councilman Metze questioned Mr. Fahrion with regard to putting people back on regular payment plans. Mr. Fahrion confirmed that could occur, but noted that the policy has been once an account is delinquent and on the tax roll, it would stay there for the next year. He clarified that there are no additional fees added when a bill is placed on the tax rolls. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY, UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 98 -22 TO PLACE ALL 120 DAYS DELINQUENT RESIDENTIAL ACCOUNTS AS OF JULY 19 1998 ON THE PROPERTY TAX ROLLS. BUSINESS ITEMS 31. Second Reading — Ordinance No. 1039 — Community Facilities District PAGE FOUR — CITY COUNCIL MINUTES — JULY 28, 1998 98 -1. (F:22.3) City Manager Watenpaugh explained the intent of this Ordinance. MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1039 UPON FIRST READING BY TITLE ONLY. ORDINANCE NO. 1039 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98 -1 AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. An Agreement to Develop and Operate an Automobile Dealership. (F:68.1) City Manager Watenpaugh explained that this is a consideration of an agreement to operate an automobile dealership. He noted that last year the City did secure an automobile dealership, Lake Chevrolet, which opened last February. He explained that the item before Council is a consideration of another automobile dealership by Jim Crowley of North County Ford. He further explained that the proposed agreement is similar to the agreement between the City and Lake Chevrolet and would provide reimbursements for public improvements and public benefits for a maximum of $300,000 which will come from revenues that the dealership generates based on a formula of sales -tax. City Manager Watenpaugh explained that the dealership would have to generate at least $50,000, the dealer would get the next $150,000 and then the City would split anything over that amount. He noted that the only other change was the fagade. City Attorney Leibold noted that the agreement requires that the automobile dealership comply with certain ongoing covenants that go with the land, which includes certain maintenance and operations, employment etc. She explained that in order for the City to have an enforceable mechanism by which to enforce and be the true beneficiary of these on -going covenants, the City has to retain some interest in the real property. She further explained that to facilitate that the City has required a fagade easement which is an interest in real property that would be owned and held by the PAGE FIVE — CITY COUNCIL MINUTES — JULY 28,1998 City in order to enforce these on -going covenants. She further noted that if there is a failure to comply with any of the covenants there is no payment by the City under the terms of the agreements. City Manager Watenpaugh stated that it is staff's recommendation to approve the Agreement to Development and Operate Auto Dealership and based on the City Attorney's approval, authorize the Mayor to sign the Agreement. Mayor Pape noted that there were two requests to speak and asked the first person to address the Council. Dale Hite, 115 N. Kellogg, stated that he heard that the apartment owner was suing the City for blight caused by the existing auto dealership. He stated that he is not against bringing auto dealerships into the City, however he is opposed to zoning changes that will set the City up for civil suits later on. He stressed that he is against paying them our tax dollars which could be used to repair our streets, keep our parks green or staff a new fire station. He noted the amount of civil suits that the City currently has and questioned the position this could create for the City. Dick Knapp, City Treasurer, stated that he didn't know that the City was involved in the landscaping business. He questioned why the City was getting involved. He further questioned why the City is giving $300,000 to this dealership, since.the City has already given $300,000 to the Chevrolet dealership. He questioned the amount of time to pay off the improvements. He stressed that the dealership should be paying the City. City Attorney Leibold clarified that part of the benefit to the City and community is the obligation of the dealer, not only to construct the dealership in accordance with all permitting requirements that the City provides and to operate and maintain the dealership in accordance with the good maintenance standards. She explained that this is for atheistic interest and in the event the dealer fails to maintain his operation, site, landscaping or fagade of the building in good condition, then the City has the right to enforce the obligation. She noted that the City is not undertaking an obligation, but rather malting requirements that are not in a standard development agreement. Councilwoman Brinley stated, that the key issue is what this is going to bring to our community. She noted that this will increase our tax base and noted that Lakeside Chevrolet has done better than they expected in the last two quarters. She noted that this will provide jobs locally and feels that this is a win/win situation. She stated that this auto dealership will be a real asset to the community and shows that we are growing. Councilman Alongi stressed that he was in favor of Lake Chevrolet, however he was opposed to the separation of the properties. He read an article he received at the League of California Cities regarding investments. PAGE SIX — CITY COUNCIL MINUTES — JULY 289 1998 He noted that Lake Chevrolet was a good investment and promoted improvements to the streets as well as providing sewer and water to the area. He stressed the fact that the City has already spent $300,000 on the area to make it a prime location and he felt that the City should not spend any more on improvements as an enticement. He further stressed that the City should study their values in regard to property and that there is no need to reinvest in prime locations. Councilman Alongi noted that he did not receive the Auto Dealership contract until today at 12:00 p.m. and he felt that the Council should put this item aside and hold a Study Session to allow opportunity to make proper consideration. He explained that he would like to see another dealership in the area, however if this one doesn't work out another one will be along. He commented that the City of Lake Elsinore has the Whisky Pete's of the I -15. He explained that no other city on the I -15 has that opportunity. Councilman Alongi noted that on Page 7, Section 4 does not refer to the $50,000 the City should receive and he does not see where that fact is mentioned. He stated that the City is entitled to all of the sales tax and the dealership must conform to all of the City, County, State and Federal codes in order to build. He noted that the City of Lake Elsinore has a graffiti program and he is sure that if the dealership moves in and spends $10,000,000 they will not have graffiti on their walls. He further noted that a successful dealership must maintain their landscaping to remain successful and the City does not need to be involved in this. He stressed that the City should attract the businesses, let them build and then we collect the money to provide services to the City residents. He further stressed that he feels that this Agreement is bribery and the City does not need to operate on that level. He stated that having the landscaping maintained is not done by putting it in writing, what does make it happen is the desire to have a successful business. Councilman Alongi stated that the reason that this is not. a Redevelopment Project is because it is against the law for the RDA to give away sales tax, therefore the City is stepping in because they can give away the sales tax. He further stated that the City does not need to give the Ford Dealership anything, since the City has already contributed to the area to establish it and the pad is already done, therefore there is no expense for them to have incentives. Mayor Pape clarified that the topic of discussion is a proposal for a Ford Dealership to be built next to the Chevrolet Dealership. He noted that one of the issues being discussed is in regard to the public improvements. He noted that if the City had the money we would have already done the improvements, however due to the City's current fiscal situation, we have asked that the developer pay for the improvement and the City will reimbursement them from the money that they generate. He noted that there is no commitment to give the developer any money from the City's reserve funds. He stated that if they don't generate the dollars, they don't get any money back He noted that if their project figures are correct, the City will be receiving 100% of the sales tax within approximately 2 1/2 years. Mayor Pape noted that the property tax is not the issue and will be paid in full. He further noted the increment of property tax, which will benefit the RDA as well as the jobs that will be generated from this business. PAGE SEVEN — CITY COUNCIL MINUTES — JULY 28,1998 City Attorney Leibold clarified the first $50,000 of the tax revenues that will come to the City is found in the Definition of Distributable Sales Tax Revenues and explained the meaning. She noted that part of the problems that the community has seen is the failure of the some of the past agreements to address ongoing maintenance and operation of landscaping. She noted that by including that item in the current agreement it gives the City the right to enforce performance. She explained that if the dealer fails to perform there is no financial assistance provided. Councilman Metze noted the maximum is five years and then the 100% of the sales tax will belong to the City. He further noted that it is not currently on the tax rolls and the property is not generating any money. He explained that if we want to have another fire station, then the City needs these businesses to generate the money for staffing. He noted that in the past no one came to complain about the zone change during the public hearing and there is not a legal leg to stand if someone decided to file a lawsuit, since no one protested at the public hearing. Councilman Metze addressed comments regarding the auto dealerships only generating "low income" jobs and stated that several of the people who work at auto dealerships make good money and not just minimum wage. He noted that other cities give tax incentives and it is not just our community. He stated that we need these type of businesses for our community. Mayor Pro Tem Kelley concurred with Councilman Alongi regarding the need to look at intelligent and prudent investments. She presented some figures of tax revenue generated by the Chevrolet dealership and explained that it is a prudent investment by the City. Councilwoman Brinley asked the City Attorney to clarify Camelot Properties problem with landscape enforcement and why it was so important to insure for enforcement in new contracts. City Attorney Leibold explained that part of the issue was caused by previous agreements the City entered into which made obligations to construct, however did not address on -going operations and maintenance of landscaping. She noted that the current contract before Council insures that the City has the right to require operations and maintenance of landscaping and the right to enforce those obligations. Councilwoman Brinley thanked the City Attorney for the clarification and stated that she felt that this was a necessary addition to the contracts. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE THE AGREEMENT TO DEVELOP AND OPERATE AUTO DEALERSHIP WITH JAMES CROWLEY IN SUBSTANTIALLY THE FORM PRESENTED TO THE CITY COUNCIL AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT UPON FINAL APPROVAL BY THE CITY ATTORNEY. PAGE EIGHT — CITY COUNCIL MINUTES -JULY 289 1998 Councilman Alongi stated that this issue is a general investment and not bonds. He does not question the amount of money that the dealership can generate, however he questions why the City is taking this action at all. He noted that it could amount to $300,000 that could be put into the parks in the City or other services. He noted that there are no public improvements that need to be placed in that area since the curb, gutters, sidewalks, water line and other utilities are already in place. He stated that the City has already paid for those things. He noted that there is no guarantee that the Ford Dealership will do the same volume of business that the Chevrolet Dealership does. He noted that the incentives have been done and the company that uses that site will not have to do the off -site improvements, deal with the Water District, or grade the pad for development since all of that has been done. Councilman Alongi stated that the City creates contracts that they do not have any way to enforce. He explained that it does not put any money in the City's pockets. He noted that the City does not need to give them $300,000, "since they are welcome to look elsewhere and he is sure there are other dealerships that would be interested if the Ford Dealership is not. Lake Chevrolet was a good investment since they were the first to come into the area and develop as well as the Outlet Center. He further noted that the City has done their job and created an area for development and now it is ready and the City should not invest more in the site since it is now Lip to the business community. Mayor Pape stated that the anyone who builds on that pad still needs to deal with EVMWD and meet their requirements. He further stated that the current situation before Council is a vacant lot that is sitting and pushing up weeds, or considering someone who is looking to come to this City and generate income and jobs for the City. He asked which one is going to put money in the City's coffers to provide services. THE FOREGOING MOTION WAS APPROVED BY A 4 TO 1 VOTE, WITH ALONGI CASTING THE DISSENTING VOTE. Councilman Alongi stated that he opposed the project due to the $300,000. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Agreement for Consulting Services for Engineering and Financial Services — Special Districts — Harris & Associates. (F:68.1) City Manager Watenpaugh explained this item, explaining that the reason for the request is that the lead individual has changed jobs and relocated; and staff feels that he has good familiarity with the existing Lighting and Landscape Maintenance District and the Community Facilities Districts. He further noted that the proposed contract is about a 10% reduction from the previous contract. Councilman Alongi noted that he pulled this item because we do business with companies before they are good companies with good employees. He PAGE NINE — CITY COUNCIL MINUTES — JULY 28, 1998 indicated that the records stay with the company; and he would not see changing companies. He noted the potential that the costs could be kicked - up next year. He suggested that this was not a good set of reasons for changing companies,-as the City has been with the company for quite some time. Mayor Pape noted that he had similar questions and discussed them with the City Manager; and explained that the current company was notified of this change, did not respond and seemingly had no interest in keeping the City's business. Councilwoman Brinley noted item 3.2 with regard to revised rate schedule and indicated that there was a need for clarification of the time and fashion for review. She indicated that such adjustment should be effective annually on the later of 30 days after January. She inquired if 30 days would be adequate or if 60 days would be better in the event a change is needed. City Attorney Leibold noted that either party can terminate without cause with 30 days notice. Councilwoman Brinley suggested modification of the 30 days to 60 days in Section 3.3. Mayor Pro Tern Kelley noted that the City has dealt with Mr. Cooper for the last 10 years and he has done all of the financial services for the CFD's.; and the City has been happy with the service. She stressed that this was a reduction and would maintain consistency. Councilwoman Brinley reiterated that Berryman & Heniger has made no proposal. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE THE AGREEMENT WITH MODIFICATIONS TO SECTIONS 3.2 AND 3.3. Councilman Alongi noted that the discussions with the former firm were not mentioned in the packet. He suggested if he had known this information there would have been no need for discussion tonight. He stressed the need to have all of the information before the City Council. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 5. Award of Contract - Dexter Avenue & State Route 74 (Central Avenue) — DBX Company- $112,586.00. (F:162.4) Mayor Pape noted that this item relates to the new traffic signal at Dexter /Hwy. 74 near Temescal Canyon High School. City Manager Watenpaugh noted that he received questions about the funding for this signal, and advised that it will be funded 50% by Caltrans, 1 /3`a by the City and 1 /6`x' by the County. He explained that in addition to this bid for installation, there would be about $3,500 for inspection of the site. Councilman Alongi indicated that he knows the signal is important, but questioned why the City was taking the lead on it instead of Caltrans. PAGE TEN — CITY COUNCIL MINUTES — JULY 28,1998 Mayor Pape indicated that it can be processed more quickly if the City leads the effort. City Manager Watenpaugh explained that 1 -1/2 years ago the City tools the position that since the Caltrans process was slow, staff was directed to take the lead in getting the project resolved and funded. He stressed that the City tools the lead based on complaints by residents and the School District or the project would have taken longer to get to this point. MOVED BY ALONGI, SECONDED BY METZE TO AWARD THE CONTRACT TO DBX COMPANY IN THE AMOUNT OF $112,586.00. Mayor Pro Tem Kelley inquired, upon approval, how long before the light would be functional and whether it would be in September. City Engineer O'Donnell indicated that it would probably be early November of this year. Councilman Alongi inquired if there was any way the City could expedite this project by contacting the Board of Supervisors. Mr. O'Donnell indicated the staff will try to fast track the project, but there are two outstanding issues to coordinate with Burger King. He noted that another issue is the ordering of the necessary poles. Councilman Alongi inquired if there is a program to allow for portable lights if the project doesn't move quickly enough. Mr. O'Donnell noted that there is a need to place a storm drain through there and they may have to move poles; and staff is trying to do the whole project in one shot without additional costs. He further noted that Burger King should be ready to move forward now and they will work on it as soon as possible. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 6. Contract for Water Engineering Services - Psomas & Associates. (F:68.1) City Manager Watenpaugh explained that this item was approved in the last closed session, to pursue research on water rights. Councilman Alongi indicated that there is no problem with the agreement, but the Water District has a different agenda for the area; and they don't care about our development, they only care about the ability to store water. He indicated that his concern is that life changes and people move on, so he doesn't feel comfortable putting the responsibility and authority on the City Manager. He suggested that there should be some form of a Council committee to oversee this work, and stressed that the Council will be held responsible if there is a problem. He further suggested that there should have been a study session on this agreement and noted a past City Manager quite a few years ago who got the Council into difficult situations. He requested that the Council add verbiage to have a Council committee with regard to this issue and change the "City Manager" approve to "Council Committee ". Mayor Pape noted that this is a short term contract for a review and recommendation and concurred that the Water District has a different PAGE ELEVEN — CITY COUNCIL MINUTES — JULY 28, 1998 agenda. City Attorney Leibold added that the City Manager, City Attorney, etc. would have to act at the behest of the majority of the Council anyway. She suggested that if the Council had an issue with the documentation, the staff would act appropriately. She noted the potential for problems with a City Council sub- committee. Councilman Metze concurred that this contract is only for 60 days. Councilman Alongi concurred that it was short term, but expressed concern that it could become long term. He stressed that the Council should make the decisions on City business and suggested that there would be no notification or approval by the Council for an extension. He indicated that he was trying not to disagree, but a member of the Council should be part of the deciding body before moving forward, and suggested that at least the Mayor should participate in the decisionmaking process. Mayor Pape suggested that this person would be working closely with our attorneys and they would return to Council if further action is necessary. Councilman Metze indicated that if this was to be a longer term arrangement, he would concur with Councilman Alongi and appoint a committee, but not under these circumstances. City Attorney Leibold clarified that if there was a need to extend the contract or the scope of services, it would require an amendment to the agreement with the approval by the consultant and the City Council, as that ability is not delegated to the City Manager. Mayor Pro Tern Kelley added that Mr. Thornton is very reputable in this field with over 28 years of experience, and noted that he has experience from reclaimed water to water supply, etc. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE THE AGREEMENT WITH PSOMAS AND ASSOCIATES TO PROVIDE SERVICES RELATED TO THE CITY OF LAKE ELSINORE WATER RIGHTS, IN AN AMOUNT NOT TO EXCEED $15,000. Councilman Alongi indicated that he was not questioning the man's competence, but stressed the importance of being cautious. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 8. Resolutions Confirming Fiscal Year 1998 -99 Special Taxes CFD 91 -2 (Summerhill Public Improvements) CFD 88 -3 (West Lake Elsinore Public Improvements), CFD 90 -3 (North Lake Elsinore Hills Public Improvements) — Resolution Nos. 98 -28 — 98 -31. (F:22.3) City Manager Watenpaugh highlighted this item, which is an annual action to confirm the annual levies of taxes. Councilman Alongi indicated that he will vote no on anything about CFD 88 -3 until the fire station is built. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 T I WITH ALONGI CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NOS. 98 -28 THRU 98 -31 CONFIRMING THE, ANNUAL ASSESSMENTS. PAGE TWELVE - CITY COUNCIL MINUTES — JULY 289 1998 RESOLUTION NO. 98 -28 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. (COMMUNITY FACILITIES DISTRICT NO. 91 -2 — SUMMERHILL PUBLIC IMPROVEMENTS) RESOLUTION NO. 98 -29 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. (COMMUNITY FACILITIES DISTRICT 88 -3 — WEST LAKE ELSINORE PUBLIC IMPROVEMENTS) RESOLUTION NO. 98 -30 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. (COMMUNITY FACILITIES DISTRICT NO. 90 -3 — NORTH LAKE ELSINORE PUBLIC IMPROVEMENTS) RESOLUTION NO. 98 -31 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. (COMMUNITY FACILITIES DISTRICT NO. 95 -1— LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS) THE CITY COUNCIL MEETING WAS RECESSED AT 8:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:14 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Rene Cabahug, 27 Corte Madera, addressed the potential of Solar Electric Power Plant in the City of Lake Elsinore and asked that the City issue a permit for him to build his Power Plant. Mike Bertetto, 1241 Parkway, stated that he felt that the Building Department used intimidation when he approached the City to make improvements on his property. He further stated that he purchased a HUD home and has been making repairs. He explained that he is an owner /builder and is in the process of PAGE THIRTEEN — CITY COUNCIL MINUTES — JULY 28, 1998 enclosing a patio and it tools approximately eight visits to the Building Department to gain his permit. He stated that he wrote Council a letter and asked that they look into the matter to prevent this type of incident from happening to other people. Roger Bloom, 32810 Keel Drive, questioned if there was going to be a fire station built on the West End of the City and asked that Council explain what the intent is. Leroy Tucker, 3532 Cherry Blossom Lane, asked if Council is considering a Skateboard Park for the youth. He stated that he approached Council last year regarding this issue and asked if any further thought had gone into this project. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: Addressed the Palm Trees and stressed that Council has adopted a policy regarding the trees and their preservation. He noted that the larger palm trees are causing a problem and if a palm tree is topped it dies and therefore it is necessary to remove them. He noted that as many trees as possible will be relocated to CFD landscape projects and will be kept in the City on City owned property. 2. Noted the improvements that are to be made on Mission Trail from Malaga to Corydon through funding allocations from CDBG funds. He explained that this project is being done in cooperation with the County. Commented on a meeting with the Interim General Manager Laughlin for EVMWD and explained that it was a very positive meeting and he hopes that the Water District and the City can resolve some of the issues that have affected the City. 4. Addressed the Skate Board Park and stated that there are no funds allocated to a Skate Park. He noted that due to the current fiscal situation in the City, it is hard for staff to justify a facility unless it can pay its own way. 5. Confirmed that the City is in the process of opening a portion of the City Campground by Labor Day. He noted that the City meets the State Requirements and that as the Campground generates income, further improvements can be made at Council's direction. 6. Invited Mr. Bloom to come in and discuss the Fire Station on the West End. He noted that the City does own the property and money to build the Fire Station, however the money cannot be used to staff the Fire Station and Council has asked staff to consider funding for staffing the Station. He explained that it will not be possible for at least a year, however staff is working on this issue. PAGE FOURTEEN — CITY COUNCIL MINUTES — JULY 289 1998 CITY ATTORNEY COMMENTS City Attorney Leibold advised that there were five Closed Session items listed, however there Js no need to meet on three of the items, therefore she announced only two items that Council would be considering as follows: A. City of Lake Elsinore vs. Lytle Creels Partners and Koliber vs. Elsinore Valley Municipal District. B. Conference with Legal Counsel — Anticipated Litigation - One case under Subdivision (b) of Section 54956.9. CITY COUNCIL COMMENTS Councilman Metze had no comments. Councilman Alongi commented on the following: Instructed Mr. Cabahug to contract the Water District to see what their plans are for the area he is proposing to place a solar electric generating power plant. 2. Commented that the Attorney General recognizes five minutes for public comments and not three minutes, therefore the Mayor can extend the floor if he so chooses or any Member of Council can yield the floor according to the Council Policy. 3. Noted that the City has not given a dime to any small business in our community and the only money that was given was to businesses on Main Street and those loans were paid back out of their pockets, not through sales tax. He stated that if the City is going to give money to the big businesses then the City needs to do the same for small businesses to keep them in the community. 4. Commented on the League of Cities Conference and how important it is to attend because it provides superior training for each of the Council Members. Commented on the structure of the San Mateo Redevelopment Agency and the fact that they invested $5,000,000 in housing and noted that if the City of Lake Elsinore did the same there would not be a slum anywhere in this town and the City would be well rid of Slumlords. 6. Stated that after making an observation of the left-turn lane into the 76 Station on Grape Street, he determined that must be closed. He stated that he wished to go on record that he has advised the City to close that left -turn lane to avoid being sued. PAGE FIFTEEN — CITY COUNCIL MINUTES — JULY 289 1998 7. Wished Kevin Jeffries good luck. He explained that he is running for the Metropolitan Water District. - -8. Commented that he had attended the Black Arts Festival last Saturday and stated that the Gospel Singing was wonderful and the barbecue was great and suggested that the City might want to get involved in this event next year. 9. Made a plea for flags and poles to replace the ones that have been stolen. He noted that the organization to contract is the VFW, Post 1508, (909) 674 -4735. 10. Congratulated LEAF on their annual report. He stated that due to the cooperation from the community by spaying and neutering their cats and dogs the euthanization number are way down. 11. Commented on a remark that the Mayor made regarding not being able to serve on the Grand Jury if he was convicted of a felony. He further commented that is correct, however what he is going through is a civil matter and is not a criminal matter. He noted that he was called for Jury Duty and he responded to the summons with a letter explaining that he is currently going through a court trial; the Clerk of the Court stated that it was a civil matter and that he had not been convicted of a crime and therefore he was ordered to appear August 3, to meet his Jury Duty obligation. 12. Stressed his understanding of Mr. Bertetto's feelings regarding the Building Department and stated that he will address this issue with the City Manager. Councilwoman Brinley commented on the following: 1. Concurred with Councilman Alongi regarding the Solar Electric Power Plant and agreed that EVMWD should be consulted and then the issue should be brought back to the City Manager and staff. 2. Stated that staff had informed her that the CAP Conference was very successful. She noted that the program with the youth and RTA is still moving forward. 3. Addressed the concerns regarding the Building Department and stated that she will follow up with this issue. 4. Addressed Mr. Bloom's concern regarding the Fire Station on the West End. She noted that the City is still looking for ways to generate money for the operation and maintenance of a Fire Station. She stressed that the money that has been set aside can only be used for Capital Improvements and not for operations and maintenance. She explained that his concerns do not go unheard and appreciates his interest. PAGE SIXTEEN — CITY COUNCIL MINUTES — JULY 28, 1998 5. Addressed the comment regarding USA Properties suing the City and stated that it is not true and that she recently met with the property manager an no mention was made of any legal issues. Mayor Pro Tem Kelley commented on the following: 1. Congratulated the Lake Elsinore School District for another successful CAP Conference. She apologized that the Council could not attend since there was a conflict with the League of California Cities Conference. She is looking forward to attending next year. 2. Announced that the Library is open at the Wells Fargo site and stated that the soft Grand Opening was a success and asked the public to watch the newspaper for the date and time of the official Grand Opening Celebration and asked that everyone plan to attend. 3. Stated that the City is looking at starting a Cultural Arts Commission and there will be a meeting on Tuesday, August 4, 3:00 p.m., at the Cultural Center. She stated that it is a scooping session to see if there is any interest in the community. Mayor Pape commented on the following: 1. Reminded the community that the paramedics are located at four corners and are very close to the West End. 2. Mayor Pape stated that in his last statement to Councilman Alongi he had said that a conviction of Malfeasance of Office precludes someone from serving on awry. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Lake Elsinore vs. Lytle Creels Partners — Case #213915 and Koliber vs. Elsinore Valley Municipal Water District, et al — Case #217976 & 217968. City of Lake Elsinore vs. All Persons Interested (LAFCO) — Case 4311942. B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9) — 1 Case. C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c ) of Section 54956.9) — 2 Cases. PAGE SEVENTEEN — CITY COUNCIL MINUTES — JULY 289 1998 City Attorney Leibold announced the above listed closed session items. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:45 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:08 P.M. WITH THE FOLLOWING ANNOUNCEMENTS: A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Lake Elsinore vs. Lytle Creek Partners — Case #213915 and Koliber vs. Elsinore Valley Municipal Water District, et al — Case #217976 & 217968. CITY ATTORNEY PROVIDED A STATUS REPORT AND RECEIVED SETTLEMENT AUTHORIZATION WITH RESPECT TO THE DAMAGES PORTION BY UNANIMOUS VOTE. B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9) — 1 Case. CITY COUNCIL UNANIMOUSLY APPROVED A SETTLEMENT OF PENDING LITIGATION WITH THOMAS BERG & ASSOCIATES IN CONNECITON WITH ENGINEERING SERVICES ON THE LAKESHORE DRIVE BRIDGE, SETTLEMENT AMOUNT $13,000. ADJOURNMENT MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:10 P.M. 6 EVIN W. PA E, MAYOR CITY OF LAKE ELSINORE ATTEST: CITY LERK CIT`r'. _OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 11, 1998 CALL TO ORDER 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 Mayor Pro Tem Kelley. INVOCATION None. 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 Brady,. Community Services Director Sapp, Chief of Police Walsh, Building and Safety Manager Russell, Recreation and Tourism Manager Edelbrock and City Clerk Kasad. PRESENTATIONS Proclamation -Transportation Now. (F:122.1) Mayor Pape asked that Susan Hafner, General Manager of RTA and Bob Salchow, Committee Member of Transportation Now to come to the podium. Mayor Pape read and presented a proclamation for Transportation Now. Mr. Salchow thanked the Mayor and City Council for the recognition and explained that tht the majority of people do not know that the Committee exists. He explained that the efficiency of the RTA ten years ago does not work today and that is what the Committee is working on. He further explained that the Committee has worked hard to meet today's needs and he personally received an eye- opener when he sat the Committee. He thanked Councilwoman Brinley, who is the Chairwoman of the Committee for giving him the chance to serve. Mrs. Hafner stated that under the Chairwoman Brinley's leadership, this Committee is one of the most active coalitions in the RTA service area. She commented on the great input that this PAGE TWO — CITY COUNCIL MINUTES - AUGUST 11, 1998 Committee has given to the RTA and noted the advocacy in the School Outreach Program as well as the Welfare to Work program. She further stated that the community should be proud of this Committee and the work that they are accomplishing. Mrs. Hafner noted the double digit increases in RTA travelers and stated that it is a pleasure to work with the community because of the interested people that are willing to contribute to the program. Councilwoman Brinley thanked the entire Committee and recognized all the members who sit the Committee. She recognized the new representative from the School District and noted the efforts to assist in the Welfare to Work Program. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following item and deferred to that item: Item No. 31. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for finther 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. The following Minutes were approved: (F: 44.4) Regular City Council Meeting -July 14, 1998. The following Minutes were received and ordered filed: Planning Commission Meeting - July 15, 1998. (F: 60.3) Design Review Committee Meeting - July 15, 1998. (F: 60.4) 2. Ratified the Warrant List for July 15, 1998. (F: 12.3) 3. Rejected and referred to Claims Administrator for handling, the Claim Against the City submitted by Bauer, Inc. (CL #98 -32). (F: 52.2) 4. Approved Resolution 98 -32 confirming placement of weed abatement costs on Property Tax Roll as follows: (F: 166.1) PAGE THREE — CITY COUNCIL MINUTES — AUGUST 11, 1998 RESOLUTION NO. 98-32 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COSTS OF WEED AND RUBBISH 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 LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENT LIENS AS PROVIDED IN SAID GOVERNMENT CODE. BUSINESS ITEMS 31. Cultural Arts Committee. (F: 59.1) City Manager Watenpaugh noted a meeting that was held and the interest that was shown at the meeting. He highlighted the recommendations. Councilwoman Kelley stated that the Scoping Session was well attended and the outcome was very positive. She noted that there were representatives of the business community, community organizations and the community at large. She further stated the consensus was that the Committee would be in partnership with the City and would require limited staff time and use of the facilities. She stressed that this Committee would start small and focus on one event at a time, then move forward and increase in the spring. She explained that the Riverside Arts Foundation will attend the next meeting to assist. Councilwoman Kelley stressed the advantages of an Arts Council; noted the people who would participate in the arts; and the impact it would have on the whole community. She further stressed the need to bring a vehicle to the community to facilitate talent. She requested that the Council move forward to continue formation of a Cultural Arts organization, with limited staff time and use of the facilities and parks on an event by event basis. She noted that the next meeting will be on August 18, 1998, at 7:00 p.m. at the Cultural Center and they will be presenting the Organizational By- laws with the help of the Riverside Arts Foundation. Chris Hyland, 15191 Wavecrest Drive, stated that she has just returned from Arizona and questioned the use of the facilities. She asked if this would be without charge. She commented that this would create a lot of use of the facilities without charging a fee. She stated that she is not against the group; however, if everyone else is charged, then in her opinion, the City should place a charge on the Committee. PAGE FOUR — CITY COUNCIL MINUTES — AUGUST 11, 1998 Councilwoman Brinley stated that she understood that it was the intent of Mayor Pro Tern Kelley to provide the facility without charging a rental fee; however, there would be a fee for cleanup and staff time. She noted that Council would probably waive fees for the facility as they have done for others; however, for staff time and maintenance there would be a charge. She further stated that she would like to see Mayor Pro Tern Kelley remain Chairwoman to the Committee for at least a year, until the Committee is up and running and gains a non -profit status. Councilman Alongi commented that he does not see why this organization needs Council approval. He stated that they will be free from the City and will run their own arts program. He noted that it is up to them to appoint their own Chairperson based on who they would like to see sit in that position. He stressed that the City is not sponsoring this in any way and the City is not donating any funds nor buildings. He stated that he is in favor of this type of organization and would like to see a lot of the children involved. He noted that this is a very good idea and he encouraged the community to be involved. Mayor Pro Tem Kelley stated that the reason that she has come to the Council is because the Committee is asking for staff time. She explained that Recreation and Tourism Manager Edelbrock is very knowledgeable with the Arts Council in Escondido and the Committee would like to use her once a month to coordinate the meetings. Councilman Alongi indicated that any Councilmember can go to the City Manager and request staff for such a meeting. He noted that Visions and Views never came before the Council. He commented that Mayor Pro Tern Kelley did a great job on the Library without Council input and felt that the only time that an item should be brought before Council is if the organization is requesting subsidies from the City. Councilman Metze concurred with Councilwoman Brinley and stated that he believes that in the past Members of Council have been chastised for using staff time and this should be brought before Council. He stated that he does feel that this is a positive thing; however, staff time and facilities will be needed to make it work. Mayor Pape sated that he is looking forward to some concerts under the stars. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONTINUED FORMATION OF PAGE FIVE — CITY COUNCIL MINUTES — AUGUST 11, 1998 A CULTURAL ARTS ORGANIZATION WITH LIMITED STAFF TIME AND USE OF FACILITIES AND PARKS FOR CULTURAL EVENTS WITH MAYOR PRO TEM KELLEY TO BE CHAIRWOMAN FOR THE FIRST YEAR. ITEM PULLED FROM THE CONSENT CALENDAR 5. Cost Recovery for Nuisance and Structure Abatement - Resolution No. 98- 33. (F: 32.4) City Manager Watenpaugh highlighted this annual function of the Council to forward to the County the placement of the amounts on the tax rolls for cost recovery for Nuisance and Structure Abatement. Councilman Alongi explained that he pulled this item because at the last meeting he had asked the City Attorney if there was any way that the City could address the placement of families who are displaced from the City's action. He noted the situation Monday morning on Main and Sumner Streets. He stated that there were 8 or 9 police cars, he did not know how many officers, Animal Control and Code Enforcement, with children involved. He felt that the owner should have been pulled by his neck to see what he has caused. He expressed concern that there was no place for these people to go to. He feels that the property owner should be responsible for their property and should be made to pay for the relocation of the families. He noted that the City notifies the owner, but not the tenants and they have no knowledge of what is happening and in a lot of cases these properties are the only places these people can afford to live in. He stated that he would not live there; however, if he was in those people's position and it was a choice of having a roof over his children's heads, then he would probably live there as well. He noted that the item that is before Council is a very important issue, however it is also important that the City aggressively going after these properties and there are families involved and there must be some sort of protection for the tenants that live there. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY ACTION AND AUTHORIZED THE PLACEMENT OF COSTS ON THE TAX BILLS FOR THE PROPERTIES BY RESOLUTION NO. 98-33 AS FOLLOWS: RESOLUTION NO. 98-33 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY PAGE SIX — CITY COUNCIL MINUTES — AUGUST 11, 1998 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 LIEN AGAINST SIAD PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENT LIENS AS PROVIDED IN SAID GOVERNMENT CODE. THE CITY COUNCIL MEETING WAS RECESSED AT 7:25 P.M. THE CITY COUNCIL WAS RECONVENED AT 7:27 P.M. PUBLIC COMMENTS Pam Johnson, 15025 Zieglinde, stated that she is present as a member of "Friends of Frank Silva Bone Marrow Drive ", and made special note of the poster on the easel. She explained that Mr. Silva was born and raised in Lake Elsinore; worked for Elsinore High School; was voted Employee of the Year in 1997; and in 1997 the Elsinore High School Year Book was dedicated to Mr. Silva. She explained that in 1992 Mr. Silva diagnosed with Leukemia and after therapy he went into remission. A short while ago Frank was scheduled for surgery and it was found that had come out of remission and therapy without a Bone Marrow transplant would not be effective. She stated that her group is sponsoring a Bone Marrow Drive on August 29, at Elsinore High School, from 10:00 a.m. to 2:00 p.m. Ms. Johnson explained the process for a bone marrow match and stated that it is believed that it is necessary to achieve a long -term remission. She stated that they need as many persons to test as possible, especially Hispanic persons since it is very hard to find a match. She noted that they need financial support as well to defray the cost of the tests for anyone that cannot afford it. She noted that the tests for Hispanics and other minorities will be free and the American Leukemia Society will also assist with the cost for non - minorities. Councilman Alongi asked how much the tests cost. Ms. Johnson stated that it costs $40. Councilwoman Brinley suggested that Ms. Johnson contact Mr. Fred Dominguez and Mr. Pete Vasquez to reach the Hispanic community. Chris Hyland, 15191 Wavecrest Drive, noted a couple of Council Meetings ago, this closure of public parks and public roads for the 4t' of July, was discussed. She indicated that the entire community pays for the parks and roads and they have the right to use those facilities. She stated that she has written to the City Manager regarding the Lighting and Landscaping fees for her tract. She noted that for years her tract has paid the highest fees in the City and now Tuscany Hills pays the highest fees. She stated that the trees and landscaping in her area is dying and she asked where the Lighting and Landscaping fees are being spent. She asked if it is going to the new car dealerships. She noted that the landscaping in the Centex Tract is dying as well. She stated that she is sick of her money going to PAGE SEVEN — CITY COUNCIL MINUTES — AUGUST 11, 1998 nothing but a bunch of white elephants and she wants an answer. She asked all the citizens to drive around the City and then write or call the City with their opinion. She indicated that the letter that she wrote to City Manager Watenpaugh has gone unanswered. Mike Bertetto, 1241 Park Way, noted that at the last meeting he was held to three minutes and ran out of time and indicated that this is a continuation of that statement. He stated that he has experienced negativism regarding his attempt to enclose an existing patio. He stated that in his opinion the man that runs the building department is incompetent and noted the information he was given was wrong and that he had to have the man in charge look up the information to prove to him that the request he was making was possible. He noted that it is in the Building Code of the State of California and that the man in charge should know that information. Councilman Alongi extended the speaker one - minute of time to complete his statements. Mr. Bertetto indicated that he would skip the 20 incidents that are listed his letter, and noted that because he wanted to extend the existing footing over 20 feet he had it engineered. He explained that he was told that he could not do this, because the Building Manager was looking at just the post footing. Mayor Pape suggested that if he wished to pursue this further that he should meet with the City Manager to try and resolve his concerns. Mr. Bertetto stated that he feels that due to the type of treatment that the Building Department gives to people, they create Slum Lords. Donald Ketch, 505 N. Ellis, stressed that the fences at Lakepoint Park need to be repaired since it is dangerous for the children. He noted that along the fence there are holes that children can fall through and the drop is about 10 feet. He further noted there is a need for a crosswalk on Lakeshore Drive in front of the Senior Center. He explained that he saw a senior get off a bus on the far side of the street and had to stop in the middle of the road because of traffic before she could get to the other side where the Senior Center is located. He asked that Council consider these problems. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1. Explained that during his meeting with Mr. Bertetto it was clarified that the Building and Safety Manager had made a mistake on one issue; it has been corrected; and there is nothing personal in regard to this; however, he is competent and deals with the City and State Codes on a uniform basis. He noted that there are exceptions and Mr. Bertetto's understanding of those exceptions are not what the exceptions are for and the issues have been resolved. He noted that Mr. Russell checked the calculations with the Structural Engineer and after verification, the project was passed. He stressed that what he takes exception to is the fact that staff and himself PAGE EIGHT — CITY COUNCIL MINUTES — AUGUST 11, 1998 have spent a lot of time to try and resolve the issues and Mr. Bertetto still feels that staff has something personal against him. He noted that staff is working hard to be customer oriented and staff is trying to make it easier for an owner builder to present his project. He stated that he felt that staff has handled this issue as well as it is possible to be done and that they are competent and did do their job. He stressed that staff is seeking methods to improve the process. 2. It is his pleasure to inform Council that the City Campground is in the process of opening for Labor Day Weekend, September 4, around noon. He stated that the public can call City Hall at (909) 674 -3124 X 265, for the rates and information. He noted that R.V.'s are $20.00 and tent camping is $15.00. 3. Commented on a flyer that was brought to his attention from UNWED. He explained that there are several inaccuracies in the flyer and he wants the community to know that. He stressed that the CFD 88 -3 does not pay for maintenance and operation for a Fire Station and the fact that the interest is not being used for special interests, nor is the City planning on selling property proposed for the Fire Station. He stated that if Mr. Gray had contacted him, he would have been glad to give him the correct information. He explained that the City plans to move forward with the new Fire Station in the next year and a half, if the budget permits. He noted that even if the City had the fire station built and was manned by volunteers, it would still cost approximately $250,000 to operate the Station. He stressed that the flyer is incorrect. CITY ATTORNEY COMMENTS None. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: Stated that he would make no comment about Mr. Bertetto; however, he wanted to confirm that he does trust the City Manager and if he tells Council that it will not happen again, then it won't. Commented that the Fire Station is a sore point and the money is there, therefore he would like to see it built and be done with it. He noted the comment by the Mayor on new revenues and suggested that the money be spent to man the Station. PAGE NINE — CITY COUNCIL MINUTES — AUGUST 11, 1998 3. Addressed a letter from Mr. Hohngren regarding the pews in the Cultural Center basement. Councilman Alongi stated that he had made a request for them a few years ago and noted that they are expensive pews and are not being reproduced today. He stated that if the City is not going to refinish them and use them, then they should be auctioned off. He stated that he would like to see Council take action on this issue before the pews are ruined. 4. He appealed to the residents of the City to have their cats and dogs neutered and spayed. He noted that in the last LEAF report 114 dogs and 87 cats were put down. Commented on Gene Vitamendie's column regarding welfare reform. He questioned why it is acceptable to hand out money and consider the welfare of big business and not take care of the little guy. He felt the article was very accurate. 6. Noted that he has been an adversary to Wal Mart, however Wal Mart donated $2,500 to HOPE and whether they agree or not he wished to thank them for their contribution. He noted that the County contributed $20,000 to HOPE. He stated that HOPE needs men to assist in picking up the food. 7. Stated that it is ama2ing how different the Californian and the Press Enterprise differ in their reporting. He noted that Californian reported on the same story and it sounded like a completely different development. He commented to the Editor of the Californian and stated that he should come to the meeting and listen to what is said before they edit a story. He further commented that if the writers come to the meetings and write a story, then it should be printed in its full context and not should be edited to save room in the paper. He stated that it is a misleading article in the Californian as to why the Ford Dealership is getting the money. Stated that when the Mayor called upon him to lead the Pledge of Allegiance that he thought the Mayor would bury the hatchet and allow him to go on and defend him self and deal with the District Attorney. He stated that however because of the statement that the Mayor made at the last meeting, it clearly indicates that he wants to continue to have conflict. He stated that he loves to fight and will do so. He indicated that if he thinks something is right, he is going to fight for what is right no matter how much it costs. He stated that the Mayor asked why he was wasting his time since he was only going to be here a couple more weeks and this shows his ignorance of the judicial system that we have in this country. He noted that there are a lot of opportunities afforded to him through the courts, and like any other citi -2en who can afford it, he is going to take the courts up on it. He stated that if he takes 10 years or 5 years or however long he feels it PAGE TEN — CITY COUNCIL MINUTES — AUGUST 11, 1998 should take to do it, that is what he is going to do. He further stated that he is in full control of the situation, the District Attorney is not and the court is not. He stated that the reason that he is in control is because he can resign at any time and walk away from the issue and they hold an empty bag. He noted the amount of money he has spent on this fight, he could not be recovered in 100 years in this City. He stated that he is willing to invest those dollars because he feels that he is right doing what he did or what he is accursed of 9. Noted the Mayor's Address to the City and the Mayor's comment about not trusting any level of government and that every level was a crook. He indicated that the Mayor lied to the citizens when he was the City Treasurer about the Ball Field and the Lake and he has lied on Council about USA Properties and the Ford and Chevrolet dealership, however that is acceptable because he is the Mayor. 10. Noted his request during Closed Session to set Parking on Main Street which would benefit the community, and was set for a Study Session. He stated however, that it did not take five minutes for the Council can give $300,000 to the Ford Dealership during that same Closed Session; however, parking must go to a Study Session. He noted the imbalance on Council. 11. Sated that he will be on Council for a while and noted that he is going to a hearing on the 101 with a tentative court date on August 31'. He commented that he doesn't know what will occur because they have not brought the motions forward. He stated that when he is ready to leave he will leave, but not before he is ready. Councilman Metae commented on the followine: Requested that the City Manager look into Lakepoint Park and the crosswalk issue. He stated that Mr. Ketch made some good points and that it might be possible to place a stop sign at that location. Councilwoman Brinley commented on the following: Congratulated Joyce Tate, the Senior Center Site Coordinator, on an article that was done in the newspaper. Noted the programs that she has established over the last 10 years. She commended Joyce for the wonderful job that she is doing and asked her to keep up the good work. 2. Noted that Visions and Views will carry the Mayor's State of the City Address and commented on the positive overview this gives the City. PAGE ELEVEN — CITY COUNCIL MINUTES — AUGUST 11, 1998 3. Noted that Mr. Ketch raised some good pints and asked that the City Manager look into these concerns. She noted that as issues are brought forward Council does give direction and staff is very responsive. She addressed Mr. Bertetto's concerns and stated that the City Manager and Staff did try to resolve his problems and a permit was issued. 4. Commented on the letter from Mr. Hohngren and requested that the City Manager and City Attorney to look at the possibility of auctioning the pews to the public. She asked City Manager to get back to Mr. Hohngren. 5. Addressed the Ford and Chevrolet Dealerships and noted that the amount of sales tax generated from the first quarter from the Chevrolet Dealership. She stressed the benefit to the community and noted that the Ford Dealership will probably be in the top 40 as well. She explained that these businesses generate jobs and not just low paying jobs. She cited the salary that a mechanic makes at the Dealership. 6. Addressed the Study Session for Parking on Main Street and stated that a Study Session was called to give the merchants on Main Street the opportunity to participate. Mayor Pro Tern Kelley commented on the following: Commented on an anonymous letter she received regarding the Street Faire. She noted that she passed it on to the Chamber of Commerce since it is their function. 2. Thanked LEAF for taking a 3 foot iguana from her front yard. Mayor Pane commented on the following: Noted the Bone Marrow Transplant Drive on August 29, 1998 at Elsinore High School. He encouraged the community to participate. 2. Thanked the family from Tustin who took the time to write a letter regarduy4 the Lake. He stated that they complimented the City on the Lake, staff and boat launch. He stated his appreciation to people who write in with positive things to say. 3. Commented that if James Gray had taken a minute to call the City Manager's Office he would have saved himself the embarrassment of printing a flyer with incorrect facts. PAGE TWELVE — CITY COUNCIL MINUTES — AUGUST 11, 1998 4. He stated that the State of the City Address will be televised on Channel three and commented that he did spend a few minutes on honesty in public office and how important it is. He stated that he just felt that if someone was not guilty, then they would want to go to court and get it over with quickly. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision ( C ) of Section 54956.9) — 1 Case. City Attorney Leibold announced one case of anticipated litigation. THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:10 P.M. Councilman Alongi noted the loss of Jess Rodrigue ,2. THE CITY COUNCIL RECONVENED AT 8:15 P.M. WITH THE FOLLOWING ANNOUNCEMENT: By a vote of 3 to 2 with Councilman Alongi and Mayor Pro Tern Kelley casting the dissenting votes. The Council majority directed the City Attorney to initiate litigation, actions, parties and substance to be identified once commenced. ADJOURNMENT MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:16 P.M. 6& VIN W. PAPE. MAYOR CITY OF LAKE ELSINORE A" TEST- CKIASAD, CITY CLERK CITY OF LAKE ELSINORE \\ MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 25, 1998 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 Mayor Pro Tern Kelley. INVOCATION The Invocation was presented by Father George Gonzales representing Saint Francis of Rome Catholic Church. 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 Development Director Brady, Assistant to the City Manager Best, Recreation and Tourism Manager Edelbrock, Public Works Manager Payne, City Engineer O'Donnell, Chief of Police Walsh, Sergeant Brinkman, Fire Chief Seabert, and Deputy City Clerk Bryning. PUBLIC COMMENTS - AGENDIZED ITEMS There was a request to address the following item: Item Nos. 3 and 32. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 3. MOVED BY KELLEY, 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 — AUGUST 25, 1998 Councilman Metze stated that he felt that this was a good project and noted that all the buildings are full even before they are built. Mayor Pape stated that this is a positive project and noted the size of the buildings. He explained that some of the businesses that are going into the buildings are expansions of existing businesses. He noted that Wieland Precision Machine is adding 10 new jobs and the other businesses will increase employment by 20 positions. He stressed the need for this type of positive projects. Mayor Pro Tem Kelley stated her pleasure at having this type of project come before Council and welcomed this addition to the Business Park. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE INDUSTRIAL PROJECT 98 -2, RE- CERTIFY NEGATIVE DECLARARTION NO. 89 -269 BASED ON FINDINGS AND CONDITIONS AS FOLLOWS: FINDINGS: Subject to the attached Conditions of Approval 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, 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. CONDITIONS OF APPROVAL PLANNING DIVISION Design Review approval for Industrial Project No. 98 -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. PAGE FOUR — CITY COUNCIL MINUTES — AUGUST 25, 1998 2. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request 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 review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 6. 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. 7. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a 12' X 20' (twelve -foot by twenty- foot) loading space as required by the City Municipal Code. 8. the Planning Division shall approve construction trailers utilized during construction. 9. All exterior downspouts shall be painted to match the building color. 10. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. PAGE FIVE — CITY COUNCIL MINUTES — AUGUST 25, 1998 11. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 12. Prior to issuance of building permits, applicant shall provide assurance that all requirements of Riverside County Fire Department have been met. 13. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 14. The Community Development Director or designee shall approve any signage in compliance with the approved Sign Program. 15. Prior to issuance of building permits, applicant shall provide a soils report for approval by the Engineering Department. ENGINEERING DEPARTMENT 16. Industrial Project I No. 98 -2 shall be required to comply with all applicable conditions of approval for Parcel Map 24751. 17. The finish floor elevation of all structures shall be minimal of one foot above the adjacent grade. 18. This project shall contribute a pro -rata share for improvements per conditions 24, 25, and 35 of PM 24751 as follows: Signalization $6,760 Median $9,153 Drainage $10,098 Total $26,011 19. Process and meet all lot line adjustment requirements prior to issuance of building permit. Provide quick claim grant deed for exchange of title. 20. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85 -26) 21. Submit a "Will Serve" letter to the City Engineering Department form 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. 22. 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. PAGE SIX — CITY COUNCIL MINUTES — AUGUST 25, 1998 23. 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. 24. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. 25. Precise grading plans shall be prepared by a Registered State of California Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 32. BP Racine Event Approval. (F:151.1) (X: 92.1) City Manager Watenpaugh explained that this is a request by Baja Promotions to relocate their Salton Sea "300" Endurance Race to Lake Elsinore. He presented a list of the activities that BP Racing has sponsored. He stressed that it is a request to have a full lake closure and although staff has been opposed to that action it was felt that because the activity is scheduled for December which is the off season it would not be a negative impact to the local businesses. He stated that it is staff's recommendation to approve the event with full lake closure and "in water refueling" for Saturday, December 5, 1998. Pete Dawson, Pro Marine, 18010 Grand Avenue, stated his approval of events on the Lake and since it brings much needed revenue to the community. He noted the ski race which was held on the Lake last weekend and the problems that occurred because the group did not follow -up on their condition to inform the different launch sites around the Lake and as a consequence the Lake had to be closed for public safety. He stressed that because the Marina's around the Lake did not know about the event they could not inform their customers and when the Lake was closed, it offended the customers because they had to be turned away. He asked that this dilemma be addressed to prevent it from occurring again. He stressed his opposition to full lake closure and explained that closures hurt local business and asked that Council try to accommodate the public and the events through a partial lake closure versus a full lake closer. He further explained that the community has worked so hard to bring dollars into the community and one of those ways is through boaters. Mr. Dawson stated that the number of boaters have increased and we have received positive press about our lake and he does not want to see that change. Councilman Metze concurred with Mr. Dawson and stated that under normal circumstances Council does not want full lake closures, however because this even is scheduled for December it should not damage local businesses. He stated his concern regarding the lake closure last weekend PAGE SEVEN — CITY COUNCIL MINUTES — AUGUST 25, 1998 and stressed that he does not want to see that happen again. He stated that he would like to see a condition added to require the organizer of the event to distribute fliers to the local marinas to inform them of the upcoming event. He asked Mr. Lou Peralta, Baja Promotions (BP Racing) if he would be willing at their expense to distribute fliers, five weeks in advance, to every launch around the Lake both in the City and County. He wanted Mr. Peralta to know that Council welcomed his event, but stressed that during the summer full lake closure would not be considered, however in the winter he feels that it is acceptable, due to the type of race proposed, to close the Lake. He clarified his request for the condition. He asked how many participants that BP Racing anticipated. Mr. Peralta stated that they anticipate from 120 to 180 participants. Councilman Metze asked how many spectators they expect. Mr. Peralta stated that because the event has been held at Salton Sea they had approximately 600 to 800, however Lake Elsinore is closer to major populations he expects to see quite a few more spectators. He further stated that he does not have a problem with the fliers and they will be working close with Community Services for this event. He gave past histories of events that they held and how they handle traffic and safety situations. He noted that there are very few places where they request full closure of the facilities and if they were to schedule other events they would not be opposed to a partial closure and would be happy to work with the City. He explained that they produce approximately 24 races a year and noted the problems that they have faced with water traffic and their rule is that public traffic has right -of -way and the racers must yield. Mayor Pro Tem. Kelley questioned if it was necessary to close the Lake for this race. Mr. Peralta stated that they did not ask for full lake closure, however after his meeting with Community Services Director Sapp and Sergeant Brinkman it was felt that for the first time a full lake closure would be best. City Manager Watenpaugh asked what the hours the race would be. Mr. Peralta stated that the race begins at 8:00 a.m. and ends at 2:00 p.m. He explained that this is a 6 hour race and this would allow 2 hours for emergencies. Mayor Pape stated that he does not approve of a full lake closure, however because this event is scheduled in the winter, which is the Lake's off - season, he has no problem with the closure. He noted that the City could end up with a lot more people on and around the Lake for this event, than if it was just a normal weekend. Mr. Peralta stated that their headquarters will be at the Lake Elsinore Resort and Casino. PAGE EIGHT — CITY COUNCIL MINUTES — AUGUST 11, 1998 have spent a lot of time to try and resolve the issues and Mr. Bertetto still feels that staff has something personal against him. He noted that staff is working hard to be customer oriented and staff is trying to make it easier for an owner builder to present his project. He stated that he felt that staff has handled this issue as well as it is possible to be done and that they are competent and did do their job. He stressed that staff is seeking methods to improve the process. 2. It is his pleasure to inform Council that the City Campground is in the process of opening for Labor Day Weekend, September 4, around noon. He stated that the public can call City Hall at (909) 674 -3124 X 265, for the rates and information. He noted that R.V.'s are $20.00 and tent camping is $15.00. Commented on a flyer that was brought to his attention from UNWED. He explained that there are several inaccuracies in the flyer and he wants the community to know that. He stressed that the CFD 88 -3 does not pay for maintenance and operation for a Fire Station and the fact that the interest is not being used for special interests, nor is the City planning on selling property proposed for the Fire Station. He stated that if Mr. Gray had contacted him, he would have been glad to give him the correct information. He explained that the City plans to move forward with the new Fire Station in the next year and a half, if the budget permits. He noted that even if the City had the fire station built and was manned by volunteers, it would still cost approximately $250,000 to operate the Station. He stressed that the flyer is incorrect. CITY ATTORNEY COMMENTS None. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: Stated that he would make no comment about Mr. Bertetto; however, he wanted to confirm that he does trust the City Manager and if he tells Council that it will not happen again, then it won't. 2. Commented that the Fire Station is a sore point and the money is there, therefore he would like to see it built and be done with it. He noted the comment by the Mayor on new revenues and suggested that the money be spent to man the Station. PAGE NINE CITY COUNCIL MINUTES — AUGUST 11, 1998 3. Addressed a letter from Mr. Hohngren regarding the pews in the Cultural Center basement. Councilman Alongi stated that he had made a request for them a few years ago and noted that they are expensive pews and are not being reproduced today. He stated that if the City is not going to refinish them and use them, then they should be auctioned off. He stated that he would like to see Council take action on this issue before the pews are ruined. 4. He appealed to the residents of the City to have their cats and dogs neutered and spayed. He noted that in the last LEAF report 114 dogs and 87 cats were put down. 5. Commented on Gene Vitamendie's column regarding welfare reform. He questioned why it is acceptable to hand out money and consider the welfare of big business and not take care of the little guy. He felt the article was very accurate. 6. Noted that he has been an adversary to Wal Mart, however Wal Mart donated $2,500 to HOPE and whether they agree or not he wished to thank them for their contribution. He noted that the County contributed $20,000 to HOPE. He stated that HOPE needs men to assist in picking up the food. 7. Stated that it is amazing how different the Californian and the Press Enterprise differ in their reporting. He noted that Californian reported on the same story and it sounded like a completely different development. He commented to the Editor of the Californian and stated that he should come to the meeting and listen to what is said before they edit a story. He further commented that if the writers come to the meetings and write a story, then it should be printed in its full context and not should be edited to save room in the paper. He stated that it is a misleading article in the Californian as to why the Ford Dealership is getting the money. 8. Stated that when the Mayor called upon him to lead the Pledge of Allegiance that he thought the Mayor would bury the hatchet and allow him to go on and defend him self and deal with the District Attorney. He stated that however because of the statement that the Mayor made at the last meeting, it clearly indicates that he wants to continue to have conflict. He stated that he loves to fight and will do so. He indicated that if he thinks something is right, he is going to fight for what is right no matter how much it costs. He stated that the Mayor asked why he was wasting his time since he was only going to be here a couple more weeks and this shows his ignorance of the judicial system that we have in this country. He noted that there are a lot of opportunities afforded to him through the courts, and like any other citizen who can afford it, he is going to take the courts up on it. He stated that if he takes 10 years or 5 years or however long he feels it PAGE TEN — CITY COUNCIL MINUTES — AUGUST 11, 1998 should take to do it, that is what he is going to do. He fiuther stated that he is in full control of the situation, the District Attorney is not and the court is not. He stated that the reason that he is in control is because he can resign at any time and walk away from the issue and they hold an empty bag. He noted the amount of money he has spent on this fight, he could not be recovered in 100 years in this City. He stated that he is willing to invest those dollars because he feels that he is right doing what he did or what he is accursed of 9. Noted the Mayor's Address to the City and the Mayor's comment about not trusting any level of government and that every level was a crook. He indicated that the Mayor lied to the citizens when he was the City Treasurer about the Ball Field and the Lake and he has lied on Council about USA Properties and the Ford and Chevrolet dealership, however that is acceptable because he is the Mayor. 10. Noted his request during Closed Session to set Parking on Main Street which would benefit the community, and was set for a Study Session. He stated however, that it did not take five minutes for the Council can give $300,000 to the Ford Dealership during that same Closed Session; however, parking must go to a Study Session. He noted the imbalance on Council. 11. Sated that he will be on Council for a while and noted that he is going to a hearing on the 14`h with a tentative court date on August 31'. He commented that he doesn't know what will occur because they have not brought the motions forward. He stated that when he is ready to leave he will leave, but not before he is ready. Councilman Metze commented on the followine: Requested that the City Manager look into Lakepoint Park and the crosswalk issue. He stated that Mr. Ketch made some good points and that it might be possible to place a stop sign at that location. Councilwoman Brinley commented on the followin¢: Congratulated Joyce Tate, the Senior Center Site Coordinator, on an article that was done in the newspaper. Noted the programs that she has established over the last 10 years. She commended Joyce for the wonderful job that she is doing and asked her to keep up the good work. 2. Noted that Visions and Views will carry the Mayor's State of the City Address and commented on the positive overview this gives the City. PAGE ELEVEN — CITY COUNCIL MINUTES — AUGUST 11, 1998 Noted that Mr. Ketch raised some good pints and asked that the City Manager look into these concerns. She noted that as issues are brought forward Council does give direction and staff is very responsive. She addressed Mr. Bertetto's concerns and stated that the City Manager and Staff did try to resolve his problems and a permit was issued. 4. Commented on the letter from Mr. Hohngren and requested that the City Manager and City Attorney to look at the possibility of auctioning the pews to the public. She asked City Manager to get back to Mr. Holmgren. Addressed the Ford and Chevrolet Dealerships and noted that the amount of sales tax generated from the first quarter from the Chevrolet Dealership. She stressed the benefit to the community and noted that the Ford Dealership will probably be in the top 40 as well. She explained that these businesses generate jobs and not just low paying jobs. She cited the salary that a mechanic makes at the Dealership. 6. Addressed the Study Session for Parking on Main Street and stated that a Study Session was called to give the merchants on Main Street the opportunity to participate. Mayor Pro Tern Kelley commented on the following: Commented on an anonymous letter she received regarding the Street Faire. She noted that she passed it on to the Chamber of Commerce since it is their function. 2. Thanked LEAF for taking a 3 foot iguana from her front yard. Mayor Pape commented on the followine: Noted the Bone Marrow Transplant Drive on August 29, 1998 at Elsinore High School. He encouraged the community to participate. 2. Thanked the family from Tustin who took the time to write a letter regarding the Lake. He stated that they complimented the City on the Lake, staff and boat launch. He stated his appreciation to people who write in with positive things to say. 3. Commented that if James Gray had taken a minute to call the City Manager's Office he would have saved himself the embarrassment of printing a flyer with incorrect facts. PAGE TWELVE — CITY COUNCIL MINUTES — AUGUST 11, 1998 4. He stated that the State of the City Address will be televised on Channel three and commented that he did spend a few minutes on honesty in public office and how important it is. He stated that he just felt that if someone was not guilty, then they would want to go to court and get it over with quickly. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision ( C ) of Section 54956.9) — 1 Case. City Attorney Leibold announced one case of anticipated litigation. THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:10 P.M. Councilman Alongi noted the loss of Jess Rodriguez. THE CITY COUNCIL RECONVENED AT 8:15 P.M. WITH THE FOLLOWING ANNOUNCEMENT: By a vote of 3 to 2 with Councilman Alongi and Mayor Pro Tem Kelley casting the dissenting votes. The Council majority directed the City Attorney to initiate litigation, actions, parties and substance to be identified once commenced. ADJOURNMENT MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:16 P.M. G(� VIN W. P E, MAYOR CITY OF LAKE ELSINORE A' TES I SAD, ITY CLERK CIfY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY - AUGUST 19,1998 — 3:00 P.M. CALL TO ORDER The City Council Study Session was called to order by Mayor Pape at 3:06 p.m. PLEDGE OF ALLEGIANCE City Attorney Leibold led the Pledge of Allegiance. 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 Development Director Brady, Public Works Manager Payne and Deputy City Clerk Bryning. PUBLIC COMMENTS - AGENDIZED ITEMS There were several requests to speak which the Mayor deferred to the time of discussion of the item. DISCUSSION ITEM Main Street Parkine. City Manager Watenpaugh indicated that Councilman Alongi brought the issue of parking on Main Street to his attention and noted that several concerns were expressed by the local businesses. He explained that this item was set for a Study Session prior to setting on the City Council Agenda to allow Council to gain the information necessary to form an opinion. City Manager Watenpaugh stated that included with the Staff Report is a set of minutes from January 9, 1996, as well as the Staff Report that was presented at that time. COUNCILMAN METZE ARRIVED AT 3:11 P.M. PAGE TWO — CITY COUNCIL STUDY SESSION — AUGUST 19, 1998 Paula Maniscalco, Enchanted Treasures, 169 North Main Street, stated her frustration regarding the parking on Main Street. She stated that she is not in favor of timed parking on Main Street however, she explained that she would like to see a volunteer program through the business people on Main Street if the City cannot do signs or assist in the problem. She stated that the businesses need the space for their customers. Joe Zahabi, Elsinore TV & VCR Service, 112 South Main Street, stated that if his patrons cannot find a parking spot on the street, they give up and go elsewhere. He asked that the City address this problem though limiting parking to 2 hours. Wanda Moore, Collectors Corral, 133 North Main Street, stated something must be done about the parking problem in the Downtown Area. She noted that they have tried in vain to talk to the other merchants on the street. She stressed that everyone that is in attendance is a small business and if a parking place is available, then it means that someone may come into the business and shop. She further noted that if there is no parking, the public would just drive on and find somewhere to shop. Fred Dominguez, Elsinore Barber and Beauty Shop, 115 N. Main Street, stated that this issue has been addressed before and he is strictly against restrictions. He noted that the businesses on Main Street have enough restrictions by being a Special District. He further noted the difficulty of getting a Business License if the business is located on Main Street versus anywhere else in the City. Mr. Dominguez noted the problem that the City will have with enforcement. He stated that with a two hour parking restriction, customers would go elsewhere. Dolores Mayhall, Mayhall Print Shop, 138 North Main Street, stated that the City has had two hour parking on Main Street and it was successful. She noted that the average customer spends approximately 20 minutes in most of the stores and if they can't get a parking place, then they go elsewhere. She stated that she does not know if timing will be the answer, however something must be done to correct the current situation. She further noted that the owners of the different businesses have been contacted and asked that they no park on Main Street and it has been ignored. Allene Hawkins, Venus Printing, 159 North Main Street, stated that she did not know if a time limit for parking would be an answer. She explained that she is less impacted by this situation than the other businesses since she is on the far end of Main Street, however when the City has a function at the Cultural Center it does impact her business due to a lack of parking. She stated that if the merchants are not going to park on Main Street, then they PAGE THREE — CITY COUNCIL STUDY SESSION — AUGUST 19, 1998 should be parking in the City Parking Lots and the City should be responsible for vandalism. She noted incidents that have occurred to her employees and explained that she feels that there is enough activity on Main Street to prevent vandalism. She stressed that she would be willing to park in the City Parking Lot as long as the City is responsible for the vandalism that is done. She questioned if the amount of handicap spaces on Main Street was necessary. Council stated that it is an ADA requirement and is gauged on the amount of spaces. Jan Howard, Memory Lane Antiques, 117 South Main Street, stated that she has a severe problem with parking since she does not have high visibility that the other shops have. She noted that she has a continual parking problem and if there is a delivery she is forced to go to her neighbors and ask them to move to get to the front of her own business. She further stated that she does not know what the answer is and would not like to see her customers limited to two hour parking, however if she has no parking she has no customers anyway. She stated that one of her business neighbors informed her that it is against the law to require her employees to park elsewhere. She stated that if the merchants and their employees' park in the Parking Lots then maybe there could be some type of patrol to make it safer. Larry Regis, N.P. Energy, 148 South Main Street, addressed the economic development of the area and noted the changes that have occurred within the City in the last four years. He further noted the success of the open -air market, however the City does not provide them the privilege of being able to park the next time they visit the downtown area. He explained that if he did not have parking on the side of his building, he would be hard pressed to find a parking place. He noted the fiscal restraints that the City has and the problems with enforcement of a two -hour parking. He suggested parking solutions and possible enforcement by the businesses themselves. He stressed the need to use the City Parking Lots. He noted that the problem is the parking and asked that the Council address this issue. Rick Zwiefel, Main Street Antique Emporium, 101 South Main Street, presented a petition with the signatures of people that would be in favor of some type of limited parking on Main Street. He read two letters representing the thoughts of the persons who signed the petition. He noted that there are twelve or so cars of employees that park on Main Street and take valuable parking for customers. He explained that the Downtown had two hour parking in the past and after the streets were remodeled the signs were removed and then reinstalled; shortly after that the issue went before Council and the signs were removed. Mr. Zwiefel stated that the only people that this will directly impact is the business people. He explained that the restrictions that Mr. Dominguez addressed are part of a package that PAGE FOUR — CITY COUNCIL STUDY SESSION — AUGUST 19, 1998 he introduced when Mr. Dominguez was on Council and it was of the benefit of the Downtown area. He suggested that the merchants that promote the Open Air Market provide signs indicating public parking in the back to indicate public parking lots. He stated that when there was two hour parking in the Downtown Area there was no complaints it was just obeyed, however now that it is not in effect, the problems are there for the different merchants. He noted that the majority of the merchants want to have a limit on parking. He asked that prior to the Council taking the issue to a Council Meeting that they form a committee to address this issue between the Council and the merchants to present firm ideas to Council. Mayor Pape brought the discussion back to the table and opened it to Council. Mayor Pro Tem Kelley noted that in the letters, the number one choice is "customer parking only" signs and the last choice is two -hour parking. She stated that she would like to find the best possible solution to the most people possible. She explained that if there were a two -hour parking limit, it would not be any good if it is not enforced and that is the issue. She stated that her particular concern is cost and she is looking for a solution that is not costly and does not pull a policeman off the street to marls tires. Mayor Pro Tem Kelley stated that the City spent a lot of money on the parking lots and they are not being utilized. She asked the City Manager if there is there a possible solution through security to make the parking lots safer. She asked about cost and the obligations of Guadalajara Restaurant for security. City Manager Watenpaugh stated that the cost would depend on the amount of security that Council wished to have. He noted that at one time the City was paying to have a Security Officer walk Main Street, which included the parking lots. He noted that Guadalajara Restaurant by contract is required to provide some type of security designated by the City for the parking lot on Poe Street. He further noted that the patrol does not need to be done by a sworn Police Officer, but rather can be done by a private Security Officer or a CSO. He explained that it could cost anywhere between $7.00 to $12.00 an hour. Mayor Pro Tem Kelley questioned stickers in the window of the merchant and employees cars. Mr. Zwiefel stated that the only problem with that is making sure that the employees actually use the stickers. There was general discussion regarding the use of stickers. Larry Regis stated that there are other opportunities that can be explored and it is up to the merchants to enforce rules with their employees. He stressed that the purpose of this meeting is to find solutions that are both PAGE FIVE — CITY COUNCIL STUDY SESSION — AUGUST 19, 1998 fiscally sound and something that the City can work in cooperation with the Downtown merchants. He noted that the majority of the merchants are willing to work with the City to solve the conflict that is ongoing. Councilwoman Brinley stated that she does not want to see citations issued in the Downtown area. She stressed that she would not like to see limitations set on Main Street because she has spent more than two hours on Main Street. She noted that she has had lunch and then visited several shops and it took more than two hours. She explained that the City does not have enough funds at this time to assign a police officer for the Downtown area only. Fred Dominguez stated that the problem is the use of the parking lots and he feels that the solution is to have someone who can patrol the parking lots to make it safe for people to leave their cars. Councilwoman Brinley suggested that a Main Street Parking Committee be formed to address the issues and find solutions. She stated that she would not be opposed to the City providing better signage, however she feels that the City cannot afford to assign a special patrol officer for one area only. City Manager Watenpaugh commended the merchants for their willingness to allow Council to assist in this problem. He suggested that a committee be selected to meet with the Police Chief and staff to further discuss ideas and solutions to the problem with parking on Main Street and can be brought back to Council, in a timely manner, with options for Council to consider. Councilwoman Brinley concurred. Councilman Alongi stated that this issue has been before Council several times in the past. He noted that the City built the parking lots and then bought a motor scooter which was designated for the patrol of Main Street and other areas of the City where there might be parking problems. He indicated that he has not seen this vehicle on Main Street for a very long time. Councilman Alongi stressed that there is no guarantee that a vehicle will not be vandalized no matter where it is parked and it is not fair to expect the City to accept the responsibility. He further stressed that the City has spent a lot of money on the parking lots and they should be utilized and if they are he feels that the problem will not exist due to increased activity. He indicated that the Sheriff s Department had promised that if the City purchased the motor scooter that they would patrol the parking lots and different areas of the City for parking problems and this has not been done. He stated that he felt that two -hour parking is a good idea since it would encourage use of the parking lots. He indicated that there is nothing that cannot be done in two hours on Main Street and if someone is going to be longer than two hours they should be parking in the parking lots. Councilman Alongi stated that he could not understand why the merchants PAGE SIX — CITY COUNCIL STUDY SESSION — AUGUST 19, 1998 would allow their employees to park on Main Street in front of the businesses because if people don't find a parking space, they drive on to somewhere else. He explained the purpose of the handicap parking. He explained that there is plenty of parking on Main Street if it is utilized. He stated that he would fight any sign that designated "customers only ", since it is a public street and cannot be confined to customers only. He further stated that the two -hour parking is a win/win situation, since if it solves the problem Council gets the credit and if it doesn't work it is the merchants problem, however he has no objection to appointing a committee. Councilwoman Brinley stated that she felt that a committee would be a good answer since the merchants can work with staff and the police and bring back their suggestions for Council consideration. Mayor Pape stated that enforcement of a parking area can be set by the employer and is a part of the employee rules and regulations or at least explained to them at the time they are hired. He noted that if the lack of parking is affecting the business and customers are not coming in, then that person is not going to have a job. He indicated that he feels it is the City's responsibility to make sure there is a safe place of a car to park in the City parking lots. He stated Council is able give direction to make sure that the parking lots are patrolled on a more regular basis. Mayor Pape noted the cost of enforcement for two -hour parking and the fact that it is just not feasible. He explained the duties of the Patrol Officer and the Community Service Officer. He stressed the need to have them continue the current job rather than mark tires every hour, however if the officers on duty drive through the parking lots more often and they are used more then it helps to prevent stalking of the parking lot. He stated if there are people spending more than three hours on Main Street, then they are spending time and money and we don't want to chase them away with limited parking. Councilman Metze stated that he does not feel that stickers or "customer only" parking will work and he does not want to discourage the person who is having lunch and then shopping for antiques to have to leave after two hours. He indicated that he is in favor of signage for the parking lots and does not oppose forming a committee. He stated that the merchants providing private security is another option. He questioned that 10% of the merchants are taking up all of the parking spaces. Members of the audience confirmed the numbers and explained that it was the merchant and employees that use the parking spaces in front of other stores and leave only a few spaces for customers in front of their own establishment. Councilman Metze noted that some of the merchants that are in favor of two -hour parking have parked on Main Street for the last six years and he questioned the available parking spaces if they are guilty as well. He stressed that there PAGE SEVEN — CITY COUNCIL STUDY SESSION — AUGUST 19, 1998 is a problem and he is in favor of signage for the parking lots as well as the fact that security would help, however he is opposed to restricted parking. There was general discussion regarding merchants parking on Main Street. City Manager Watenpaugh stated that he could ask the Police to be more visible, however he would need direction from Council to bring a CSO on board to patrol the parking lot. He explained that the "customer only" signage would not be possible since it is a public street. City Attorney Leibold stated concurred and explained that it is a public street and it would be impossible to enforce. Councilwoman Brinley noted that she is not always good at keeping track of time and felt that a two -hour parking situation would not be effective for business. Mayor Pape reviewed the actions discussed and stated that if the merchants would require their own vehicles as well as their employee's vehicles to be parked in the City's parking lots that would open several more spaces. He further stated that the City would work with the Police Department to make sure that there are extra patrols through the parking lots. Councilwoman Kelley stated that she would like to see a cost breakdown if the City should decide to hire a CSO or Private Security; see the merchant responsible for the solution since it is their business; see a committee formed and decisions made by the merchants themselves prior to Council review. She noted that the merchants are the ones who will have to live with the decisions that Council makes, therefore she would like to have another Study Session to give the opportunity for further review. Councilwoman Brinley concurred with Mayor Pape's suggestion. Councilman Alongi noted that if a person were cited for a parking violation then they would be less inclined to repeat the offense. He noted the Street Sweeping Program and explained that we don't get everyone one of the people, however enough people have been cited to cut down on the parking problem on street cleaning day. He stressed that the two -hour parking would be the same. He stated that the CSO could work the downtown area part of the day instead of all day at the Outlet Center. He stressed that it would make a difference. Councilman Alongi stated that it is not a difficult decision and should be implemented through two -hour parking. PAGE EIGHT — CITY COUNCIL STUDY SESSION — AUGUST 19, 1998 Mayor Pape opened the discussion to the general audience and several suggestions were made as follows: The use of surveillance cameras to observe the parking lots which would cost approximately $1,500 each for equipment and operation; Use of parking lot across from the Cultural Center for City functions instead of parking on the street; Consideration of Economic Development with City Council commitment; Merchant contribution to private security for the parking lots; A block captain could mark tires for two -hour parking and save the cost of an officer; Signage for parking lots with periodic patrol from the Police Department. Mayor Pape asked how staff felt about signage for the parking lots. City Manager Watenpaugh stated that there is no problem with providing signage, however it appears as though it is an image in security rather than parking itself. He noted that through the discussion he felt that the people would feel more comfortable if activity was occurring around the area their car was parked. He concluded that if there was security in the parking lots that the majority of merchants and their employees would park there rather than two -hour parking. Councilman Alongi stated that Council does not have businesses on Main Street or on the Street everyday, and therefore cannot know what problems are occurring. He noted that Council depends on the merchants to keep them informed what would be best for their businesses. He further noted that if it is restricted parking, then it is the obligation of Council to investigate that avenue and try to provide that service. He explained that the City does not provide 100% services on any of the services that the City provides, nor does any other City. Councilman Alongi explained that a Police Officer cannot be at any one place 100% of the time and the only way anyone can receive 100% service is through private service that the person or persons pay for themselves. He suggested that a committee be formed with a member of staff and a small amount of merchants to bring options back to Council to consider for the Downtown. He stated that he would not attend another Study Session in regard to this item. Fred Dominguez summarized the comments made by the audience and concurred that a committee is the best way to approach this issue. Councilman Metze stated that the majority of people stated that they were not in favor of a two -hour parking limit if there was another alternative. He noted that only two persons were strongly in favor of a two -hour parking limit. He noted that the overall comment was that the City does something to assist in solving the problem. He indicated that a committee was the best solution to address this situation. Councilwoman Brinley concurred and explained that the City built the parking lots to encourage business in the Downtown and the City has PAGE NINE — CITY COUNCIL STUDY SESSION — AUGUST 19, 1998 invested in the Economic Development of the Downtown. She suggested that the Committee look into security for the parking lots to encourage parking in that area. Mr. Zwiefel asked about the motor scooter for traffic control. City Manager Watenpaugh explained that because of the budget cuts the traffic control has been switched to bicycle patrol and noted that the Mayor suggested that the officers swing through the parking lots as they leave and return on their patrol. Mr. Zwiefel noted that if there was an ordinance in place the merchants and employees would probably follow the rules if there were signs in place even if there was not consistent enforcement. There was general discussion in regard to the effectiveness of the signage if there was little to no enforcement. Mayor Pape directed the merchants to set up a committee and meet with City Manager Watenpaugh. He asked that the committee look into the cost of cameras; the cost of security; and increased patrol by the police. ADJOURNMENT The City Council Study Session adj Respectfully submitted, ATTEST: VICKI KASAD, C TY CLERK 'eO` 4:31 p.m. tea; U094" W. PAPE, MAYOR MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 25, 1998 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 Mayor Pro Tern Kelley. INVOCATION The Invocation was presented by Father George Gonzales representing Saint Francis of Rome Catholic Church. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: ALONGI, BRINELY Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Assistant to the City Manager Best, Recreation and Tourism Manager Edelbrock, Public Works Manager Payne, City Engineer O'Donnell, Chief of Police Walsh, Sergeant Brinkman, Fire Chief Seabert, and Deputy City Clerk Bryning. PUBLIC COMMENTS - AGENDIZED ITEMS There was a request to address the following item: Item Nos. 3 and 32. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 3. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE TWO — CITY COUNCIL MINUTES — AUGUST 25, 1998 The following Minutes were approved: (F: 44.4) a. Regular City Council Meeting for July 28, 1998. b. Regular City Council Meeting for August 11, 1998. The following Minutes were received and filed: C. Planning Commission Minutes for August 5, 1998. (F: 60.3) d. Design Review Committee Minutes for August 5, 1998. (F: 60.4) 2. Ratified Warrant List for August 14, 1998. (F: 12.3) 4. Awarded Contract for the modification of the traffic signal at Diamond Drive and Casino Drive to Transtech Engineering in the amount of $15,000. (F: 162.4) 5. Approved the Cooperative Agreement with Cal Trans for Traffic Signal Project at Lincoln Street and State Highway 74 (Riverside Drive); approved allocation of $98,900 from the Traffic Signal Mitigation Fee Fund for the installation of the Traffic Signal; and agreed to fund the electrical energy costs for the Traffic Signal. (F: 162.4) 6. Approved Resolution No. 98 -34, prohibiting parking on the west side of Dexter Avenue from Central Avenue to 100 feet south of the southerly driveway. (F: 112.1) RESOLUTION NO. 98-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 7. Declared the old computer equipment as surplus and donate the same to the Lake Elsinore School District. (F: 65.1) (X: 142.1) Approved the Lease Agreement with South Coast Air Quality Management District for a five -year period for the use of property located on top of the small hill above Yarborough Park. (F: 68.1) (X: 114.8) BUSINESS ITEMS 31. Industrial Project No. 98 -2, Phase II of the Central Business Park. (F: 86.1) City Manager Watenpaugh gave an overview of the project and stated that it is staffs Recommendation to approve Industrial Project 98 -2, re- certify Negative Declaration No. 89 -26, based on the recommendation Findings, Exhibits and subject to the attached Conditions of Approval. PAGE THREE — CITY COUNCIL MINUTES — AUGUST 25, 1998 Councilman Metze stated that he felt that this was a good project and noted that all the buildings are full even before they are built. Mayor Pape stated that this is a positive project and noted the size of the buildings. He explained that some of the businesses that are going into the buildings are expansions of existing businesses. He noted that Wieland Precision Machine is adding 10 new jobs and the other businesses will increase employment by 20 positions. He stressed the need for this type of positive projects. Mayor Pro Tern Kelley stated her pleasure at having this type of project come before Council and welcomed this addition to the Business Park. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE INDUSTRIAL PROJECT 98 -2, RE- CERTIFY NEGATIVE DECLARARTION NO. 89 -269 BASED ON FINDINGS AND CONDITIONS AS FOLLOWS: FINDINGS: Subject to the attached Conditions of Approval 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, 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. CONDITIONS OF APPROVAL PLANNING DIVISION Design Review approval for Industrial Project No. 98 -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. PAGE FOUR - CITY COUNCIL MINUTES — AUGUST 25, 1998 2. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. All site improvements approved with this request 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 review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 5. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 6. 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. 7. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a 12' X 20' (twelve -foot by twenty -foot) loading space as required by the City Municipal Code. 8. the Planning Division shall approve construction trailers utilized during construction. 9. All exterior downspouts shall be painted to match the building color. 10. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. PAGE FIVE — CITY COUNCIL MINUTES — AUGUST 25, 1998 11. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 12. Prior to issuance of building permits, applicant shall provide assurance that all requirements of Riverside County Fire Department have been met. 13. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 14. The Community Development Director or designee shall approve any signage in compliance with the approved Sign Program. 15. Prior to issuance of building permits, applicant shall provide a soils report for approval by the Engineering Department. ENGINEERING DEPARTMENT 16. Industrial Project I No. 98 -2 shall be required to comply with all applicable conditions of approval for Parcel Map 24751. 17. The finish floor elevation of all structures shall be minimal of one foot above the adjacent grade. 18. This project shall contribute a pro -rata share for improvements per conditions 24, 25, and 35 of PM 24751 as follows: Signalization $6,760 Median $9,153 Drainage $10,098 Total $26,011 19. Process and meet all lot line adjustment requirements prior to issuance of building permit. Provide quick claim grant deed for exchange of title. 20. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85 -26) 21. Submit a "Will Serve" letter to the City Engineering Department form 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. 22. 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. PAGE SIX — CITY COUNCIL MINUTES — AUGUST 25, 1998 23. 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. 24. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. 25. Precise grading plans shall be prepared by a Registered State of California Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 32. BP Racing Event Approval. (F:151.1) (X: 92.1) City Manager Watenpaugh explained that this is a request by Baja Promotions to relocate their Salton Sea "300" Endurance Race to Lake Elsinore. He presented a list of the activities that BP Racing has sponsored. He stressed that it is a request to have a full lake closure and although staff has been opposed to that action it was felt that because the activity is scheduled for December which is the off season it would not be a negative impact to the local businesses. He stated that it is staff's recommendation to approve the event with full lake closure and "in water refueling" for Saturday, December 5, 1998. Pete Dawson, Pro Marine, 18010 Grand Avenue, stated his approval of events on the Lake and since it brings much needed revenue to the community. He noted the ski race which was held on the Lake last weekend and the problems that occurred because the group did not follow -up on their condition to inform the different launch sites around the Lake and as a consequence the Lake had to be closed for public safety. He stressed that because the Marina's around the Lake did not know about the event they could not inform their customers and when the Lake was closed, it offended the customers because they had to be turned away. He asked that this dilemma be addressed to prevent it from occurring again. He stressed his opposition to full lake closure and explained that closures hurt local business and asked that Council try to accommodate the public and the events through a partial lake closure versus a full lake closer. He further explained that the community has worked so hard to bring dollars into the community and one of those ways is through boaters. Mr. Dawson stated that the number of boaters have increased and we have received positive press about our lake and he does not want to see that change. Councilman Metze concurred with Mr. Dawson and stated that under normal circumstances Council does not want full lake closures, however because this even is scheduled for December it should not damage local businesses. He stated his concern regarding the lake closure last weekend PAGE SEVEN — CITY COUNCIL MINUTES — AUGUST 25, 1998 and stressed that he does not want to see that happen again. He stated that he would like to see a condition added to require the organizer of the event to distribute fliers to the local marinas to inform them of the upcoming event. He asked Mr. Lou Peralta, Baja Promotions (BP Racing) if he would be willing at their expense to distribute fliers, five weeks in advance, to every launch around the Lake both in the City and County. He wanted Mr. Peralta to know that Council welcomed his event, but stressed that during the summer full lake closure would not be considered, however in the winter he feels that it is acceptable, due to the type of race proposed, to close the Lake. He clarified his request for the condition. He asked how many participants that BP Racing anticipated. Mr. Peralta stated that they anticipate from 120 to 180 participants. Councilman Metze asked how many spectators they expect. Mr. Peralta stated that because the event has been held at Salton Sea they had approximately 600 to 800, however Lake Elsinore is closer to major populations he expects to see quite a few more spectators. He further stated that he does not have a problem with the fliers and they will be working close with Community Services for this event. He gave past histories of events that they held and how they handle traffic and safety situations. He noted that there are very few places where they request full closure of the facilities and if they were to schedule other events they would not be opposed to a partial closure and would be happy to work with the City. He explained that they produce approximately 24 races a year and noted the problems that they have faced with water traffic and their rule is that public traffic has right -of -way and the racers must yield. Mayor Pro Tern Kelley questioned if it was necessary to close the Lake for this race. Mr. Peralta stated that they did not ask for full lake closure, however after his meeting with Community Services Director Sapp and Sergeant Brinkman it was felt that for the first time a full lake closure would be best. City Manager Watenpaugh asked what the hours the race would be. Mr. Peralta stated that the race begins at 8:00 a.m. and ends at 2:00 p.m. He explained that this is a 6 hour race and this would allow 2 hours for emergencies. Mayor Pape stated that he does not approve of a full lake closure, however because this event is scheduled in the winter, which is the Lake's off- season, he has no problem with the closure. He noted that the City could end up with a lot more people on and around the Lake for this event, than if it was just a normal weekend. Mr. Peralta stated that their headquarters will be at the Lake Elsinore Resort and Casino. PAGE EIGHT — CITY COUNCIL MINUTES — AUGUST 25,1998 MOVED BY KELLEY TO APPROVE THE "IN WATER REFUELING "; FLIERS TO BE DISTRIBUTED TO ALL THE MARINAS SURROUNDING THE LAKE AND FULL LAKE CLOSURE ONLY IF BP RACING MEETS WITH STAFF TO DETERMINE IF IT IS NECESSARY TO ALLOW FOR POSSIBLE PARTIAL CLOSURE INSTEAD OF FULL LAKE CLOSURE. THE MOTION DIED FOR LACK OF A SECOND. Councilman Metze asked if this event is done in heats. Mr. Peralta stated at this event everyone starts at the same time. Councilman Metze noted that with 180 participants on the lake starting at the same time, could cause a safety problem. Mayor Pro Tern Kelley asked Sergeant Brinkman to address the safety issues. City Manager Watenpaugh noted that it would be very hard for 3 or 4 patrol people to pick out which are spectators and which are the racers in this event. Sergeant Brinkman explained that due to the lack of personnel, added to the number of persons participating in the event going as fast as possible, the issue become public safety. He noted that one of the major violations committed on the Lake is for going the wrong way and under the circumstances this would create a real public safety hazard. City Manager Watenpaugh asked if half the Lake would be large enough to run the race. Mr. Peralta stated that it would not. He stated that the optimum situation would be a full lake closure and this was discussed with staff. He explained the nature of the race and the fact that all of the racers start at the same time and then during the race spread out and the ratio of the racers from one spot would be one racer every 35 to 45 seconds. He noted that the key element of this race is a long distance endurance race at high speed. He explained that a full lake closure would optimum for public safety and that is one of their major concerns. City Manager Watenpaugh stated that he has no problem with Mr. Peralta meeting with staff, however if his Lake Sergeant feels that it is best to close the lake then that is the recommendation that he would support. Councilman Metze stated that he concurs with staff's recommendation for this first race. Mayor Pape questioned the weather and cold for this event. Mr. Peralta stated that the racers have the proper equipment to address this issue and are well prepared. Mayor Pro Tern Kelley thanked Sergeant Brinkman for his input and stated that public safety concerns are very important, however she did not want Mr. Peralta to think that Council was setting a precedent regarding full lake closure. She noted that the Council does not like to close the lake at all. She further noted that since this event is scheduled for December 5, she has no problems with full lake closure. PAGE NINE — CITY COUNCIL MINUTES — AUGUST 25, 1998 MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE EVENT WITH A FULL LAKE CLOSURE AND "IN WATER REFUELING" FOR DECEMBER 5. 1998. FLIERS TO BE DISTRIBUTED TO ALL THE BOAT LAUNCHS AROUND THE LAKE FIVE (5) WEEKS IN ADVANCE OF THE RACE. 33. Lindsay Street Partial Closure. (F: 156.1) City Manager Watenpaugh explained that the staff report is vague because the Committee wanted the event to have surprises for the public. He noted that this is a request to partially close Lindsay Street between the new Library site and Mr. Bulen's building. He noted that it would extend from Graham Avenue to the property in back of the Library, which is half of a block. He noted that it does not impact the apartment building on Lindsay to allow them ingress and egress. He stated that this action is to facilitate the Friends of the Library, County, City and Library staff the ability to present a Grand Opening which includes a reception on Friday night and on Saturday activities related to the Grand Opening from 10:00 a.m. to 4:00 p.m. City Manager Watenpaugh stated that this is going to be a positive event and fun for everyone. He noted that staff recommends the approval of a partial street closure of Lindsay Street from Graham Avenue South to the alleyway adjacent to the apartment complex; authorize the necessary overtime expenses to complete the street closure; and direct staff to notify all businesses and residents affected by the closure. Mayor Pape stated that he appreciates staff's consideration of the local businesses and residents by notifying them. He reminded the public that the event is scheduled for October 17, 1998. He expressed his appreciation of the Friends of the Library and commended them for all their hard work. Mayor Pro Tem Kelley stated that there are going to be lots of surprises for the public. She invited everyone to attend. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE PARTIAL STREET CLOSURE OF LINDSAY; AUTHORIZE THE NECESSARY OVERTIME EXPENSES AND DIRECT STAFF TO NOTIFY ALL BUSINESSES AND RESIDENTS AFFECTED BY THE CLOSURE. ITEMS PULLED FROM THE CONSENT CALENDAR Investment Report - June, 1998. (F: 12.5) Mayor Pape stated that this item was a request to pull from the Consent Calendar by Mr. Knapp. PAGE TEN — CITY COUNCIL MINUTES — AUGUST 25, 1998 Dick Knapp, City Treasurer, noted the amount of the Investment Report and stated that given the amount of money that is in our investments he feels that there was no need to close the parks. Mayor Pape called upon City Manager Watenpaugh to respond. City Manager Watenpaugh stated that the figures presented are correct and staff would be happy to provide a breakdown if Council wishes further explanation. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE BY THOSE PRESENT TO RECEIVE AND FILE THE INVESTMENT REPORT FOR JUNE, 1998. THE CITY COUNCIL MEETING WAS RECESSED AT 7:35 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:37 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Jim King, Southern California Gas Company, stated that he is the new General Manager for the Gas Company and wished to take this opportunity to introduce himself to the City Council. He stated that he likes to work with the different cities in his district and would welcome any input from Council. Howard Clapman Sr., Elsinore First Assembly of God Church, 19740 Grand Avenue, stated that they will be taking over the distribution of the USDA Government Commodities. He noted that H.O.P.E. was unable to continue the service to the community and wished to announce the change. He stated that the Food can now be picked up at the First Assembly of God Church on September 1, from 8:00 a.m. to 12:00 p.m. and again September 29, at the same time. After the month of September the food can be picked up the last Tuesday of every month from 8:00 a.m. to 12:00 p.m. He explained that this program is for Low Income people and they must produce a photo I.D. as well as a current utility bill to establish their identity and address. He stated that if anyone had questions they can contract Mary Louisa at (909) 678 -0647. Pam Johnson, Friends of Frank Silva, gave an overview of the fund drive and the immediate need for bone marrow. She stated that a testing center is scheduled for Saturday, August 29, 1998, at Elsinore High School from 10:00 a.m. to 2:00 p.m. She encouraged everyone to participate and stated that all that is required is a simple blood test and if a match is found, then the person will be contacted for further testing. She encouraged everyone to participate. Anita Guzman, 317 N. Scrivener St., introduced Venessa Silva and stated that on behalf of all the family and friends of Frank Silva a grateful thanks for all the support, contribution and assistance that everyone has given to this effort. PAGE ELEVEN — CITY COUNCIL MINUTEES — AUGUST 25, 1998 Dick Knapp, City Treasurer, voiced a complaint about a helicopter that has been flying low over his neighborhood at approximately 12:00 a.m. He stated that it is very annoying and disturbs their rest and he has seen no activity to merit this action. He stated that if the pilot is so frustrated he should go elsewhere. He stated to Chief Walsh that the pilot was not much more then 200 feet in altitude. CITY MANAGER COMMENTS None. CITY ATTORNEY COMMENTS Stated that she had no comments and there would be no Closed Session. CITY COUNCIL COMMENTS Councilman Metze commented on the following: Questioned the comments Mr. Knapp made about the helicopter patroling his neighborhood. He stated that there was probably good reason for the actions of the pilot. He explained that it make him feel a little better to know that there are eyes in the sky for the citizens protection. Mayor Pro Tem Kelley commented on the following: Stated that the helicopter has circled her area, however he had his spot -light on and it does make her feel safe to have him in the air. She stated that she appreciates the patrol because she feels that someone is out there looking after the area. Mayor Pape commented on the following: Announced that the Albertson Market at Riverside Drive and Lake Shore Drive will be opening the end of September or the first of October. He stated that it is welcome news for the people that live in that area. ADJOURNMENT MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 7:50 P.M. l4APE, MAYOR PAGE TWELVE — CITY COUNCIL MINUTES - AUGUST 25, 1998 Respectfully submitted, ATTEST: VICKI KASAD, CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 8, 1998 k�kkxk *1:xx *aF de: k aFki;k>:xkxr.kJ:r.:@�'e�'er.x:F k9c i:kxis r. :F *kxx *x r. :2 �'e x'xkx' aF a'e x' at *�F a'e 9e at �F atk kk CALL TO ORDER 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 Mayor Pro Tern Kelley. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, PAPE ABSENT: COUNCILMEMBERS: BRINLEY, METZE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh and City Clerk Kasad. INVOCATION The Invocation was provided by Pastor Martin Boyd, representing Lakeview Chapel. PRESENTATION A. Presentation - RickxWeston. (17:56.1) Mayor Pape noted that Mr. Weston could not be present due to his first meeting on the State School Board, and indicated that the presentation would be postponed until he could be present. PUBLIC COMMENTS - AGENDIZED ITEMS A request was received to address item #32 of this agenda and deferred to that discussion. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 8, 1998 1. The following Minutes were approved: a. Regular City Council Meeting - August 25, 1998. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - August 5, 1998. (F:60.3) C. Design Review Committee Meeting - August 5, 1998. (F:60.4) 2. Ratified Warrant List for August 31, 1998. (F:12.3) 3. Accepted Demolition Bid of Vision's West for 283 North Main Street. (F:32.4) 31. Voting Delegate - League of California Cities Annual Conference. (F:108.8) MOVED BY PAPE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT MAYOR PRO TEM KELLEY AS THE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH. 32. Main Street Parking. (F:112.1) Mayor Pape noted the previously held Study Session on this topic. City Manager Watenpaugh outlined the Council discussion and direction to staff. He indicated that staff met with a group of seven Main Street business representatives of diverse opinions with regard to parking solutions. He noted that the meeting and discussion was very positive, with the largest issue being where the employees of downtown businesses should park. He further noted that it was the consensus of the business people to monitor themselves, assisted by higher Police visibility in the area. He advised that efforts were underway to reestablish the bicycle patrol team, order new parking signs for Main Street to direct people to parking lots, and solicit volunteers for parking lot control. He further advised that surveillance cameras are being researched for use in public parking lots, and follow -up information will be provided when available. He noted that Mr. Zwiefel who had attended the merchants' meeting was present for comment. Rick Zwiefel indicated that his comments had been covered by Mr. Watenpaugh. Mayor Pape noted that this item was intended as an update on the progress to date. Mayor Pro Tern Kelley indicated that the study session was very productive and she was glad to see the progress. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 8, 1998 City Manager Watenpaugh added that the merchants indicated that they would be willing to provide staff to assist with any surveillance efforts. He expressed appreciation to the merchants for their willingness to be part of the solution. MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THIS REPORT. THE CITY COUNCIL MEETING WAS RECESSED AT 7:09 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:12 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, noted that she just returned from Arizona to a number of FAXes with rumors and questions, and asked those questions of the Council as follow: 1) Is it true that meters for ,gas and lights at the Stadium were never X changed over to TMC; and is the City strapped with the bill? 2) Rumor has it that the developers of Tuscany Hills and TMC have been promised the next fire station. She questioned if this was true and noted that the West End station is already funded. She suggested that the residents could file with LAFCO for a succession from the City into a COI, or recall the "big four ". CITY MANAGER COMMENTS City Manager Watenpaugh responded to the questions posed by Mrs. Hyland. He indicated that the meters have been transferred to the Lakeside Sports Group, although there is still some question with the gas meter, which is in the process of being corrected. He also indicated that he is not aware of any commitment for a fire station in Tuscany Hills. CITY ATTORNEY COMMENTS City Attorney Leibold report that there would be no need for the listed Closed Session discussion. CITY COUNCIL COMMENTS Mayor Pro Tern Kelley commented on the following: 1) Commended City staff on the opening of the Campground over the weekend. She noted that it was full on Saturday evening when she participated in Visions and Views. She stressed that the facility was full on the first weekend. PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 8, 1998 2) Expressed "Get Well" wishes to Councilwoman Brinley. Councilman Alongi commented on the following: 1) Echoed "Get Well" wishes to Councilwoman Brinley. 2) Noted that he was at an architect's office and was bombarded by questions about the entrance to the new library. He indicated that a lot of money was spend to design the bank to draw people to the entrance and he was not sure why the new entrance was in the back, or why there were "cheap" signs on the building. He stressed his concern with the closure of the front of the building. 3) Indicated he was at the campground and was very happy to see it open. He noted that he would be discussing a couple of items with the City Manager. 4) Advised that he went to an RDA seminar and was questioned as to why the City sends people to seminars in Monterey. He stressed the volume of material covered in a day and a half regarding RDA and indicated it was a lot of work. He indicated that he goes to the seminars because he enjoys learning and increasing his experience and knowledge of what the RDA can do. He noted that there is still the potential to make millions for the community. He commented that the money invested in informing the Councilmembers is beneficial. He listed legislation pertaining to RDA which is currently pending and stressed the importance of attending seminars and keeping informed of changes. 5) Noted that the City gives proclamations to a lot of people and noted two people lost from the community who never received one, being Jess Rodriguez and Hilda Barnhart. He stressed the dedication and love for the Community shown by Mr. Rodriguez and encouraged the Mayor to present Mr. Rodriguez's family with recognition. 6) Advised that he goes to trial on the 14 ". He commented that this is a wonderful country with a great judicial system to protect those accused of crimes. He indicated that the Grand Jury is not interested in the truth, only information, and they work directly for the District Attorney; suggesting that this is a lousy system. He indicated that he will exercise every one of his rights allowed by the Constitution. He expressed concern with comments that he would not be present at the next meeting, and indicated that he will still be on the Council in 1999 and run again in 1999. He indicated that he will not allow a judge or jury to remove him without a fight. He expressed thanks to God that he could afford to fight for his seat, so he could honor his family and leave no debts when he leaves the world. He suggested that interested parties call him at home if they want to know what will happen. E -CITY COUNCIL MINUTES - SEPTEMBER 8,1998 Mayor Pape commented on the following: 1) Noted the campground opening and indicated that it was good to see it back open with a lot of people enjoying it. He noted the efforts by Eagle Scout candidates and expressed appreciation for their assistance. 2) Indicated that the Library entrance is in the back of the building to meet ADA requirements for a wheelchair ramp. He noted the iron gated area in the front was designed as a patio area and will be used that way in the future. City Manager Watenpaugh noted that the downtown business representatives had requested that people attending meetings at the Cultural Center, park in the lot across the street instead of in front of the businesses on the street. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision ( c ) of Section 54956.9) - 1 case. As previously noted, City Attorney Leibold indicated that there was no need for the above listed discussion. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 7:25 P.M. VIN W. PAPE, MAYOR CITY OF LAKE ELSINORE ATTEST: .VICKI;KASAD, CITY CLERK C ITY'OF LAKE ELSINORE 10110100 � REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 22, 1998 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 City Manager Watenpaugh. INVOCATION The Invocation was provided by Alfred Macias representing 1st Assembly of God Church. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, PAPE ABSENT: COUNCILMEMBERS: BRINLEY, METZE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, Assistant to the City Manager Best and City Clerk Kasad. PRESENTATIONS a. Presentation -Ricky Weston. (F:56.1) Mayor Pape expressed pride in his Ricky Weston's accomplishment of being appointed to the State School Board. He read and presented the Award of Merit and explained that Ricky is the only student in the State to serve on the School Board for this year. He read and presented the Proclamation to Ricky and inquired into the difficulty of the process to be appointed to this position. Ricky explained the year long process for selection and noted his disbelief at being chosen. Mayor Pape questioned Ricky's plans after graduation from Temescal Canyon. Ricky indicated that he is investigating college, but has not decided on one yet; however he will be majoring in chemical engineering. b. Presentation - Unity in Community Parade. (17:62.1) Jeannie Corral advised that the Unity in Community Parade is slated for November 14'i; noting that this is the second attempt at a parade incorporating all of the Schools. She noted that Ricky Weston will be honored in the parade, as well as Mr. Quimby of Withrow Elementary PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 School. She indicated that last year there were about 2,000 students participating in the parade, and indicated that there are many things to celebrate within the Community. She encouraged interested clubs, church organizations or other groups to contact either Kathy at 67 -8423 or herself at 674 -4228. She stressed the interest in making this a very nice parade and noted that last year there were 40 entries and there is already in excess of 2,000 young people interested in participating this year. She further stressed that this parade is intended as a celebration of achievements and accomplishments. She offered the City council the opportunity to participate by judging the parade. She advised that the parade will step off at 10:30 a.m. from the Community center and follow the traditional parade route through the downtown. She expressed hopes that the parade would exceed last year's 20 minute parade. She noted that both high school bands will be participating and noted the high quality performance of those bands. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - September 8, 1998. (17:44.) The following Minutes were received and filed: b. Planning Commission Meeting - September 2, 1998. (17:60.3) C. Design Review Committee Meeting - September 2, 1998. (F:60.4) 2. Ratified Warrant List for September 15, 1998. (F:12.3) 3. Received and ordered filed the Investment Report for July, 1998. (F:12.5) 4. Awarded Contract for 1998/99 Traffic Striping and Pavement Marking to PCI Paving Contractors in the amount of $64,983. (F:156.1) BUSINESS ITEMS 31. Industrial Project No. 98 -1 located at 571 Birch Street. (17:86.2) City Manager Watenpaugh highlighted this item and the proposed project. MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE INDUSTRIAL PROJECT 98 -1 AND APPROVE MITIGATED NEGATIVE DECLARATION NO. 98 -2, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS 'A' THROUGH 'D', AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 22,1998 FINDINGS 1. Subject to the attached Conditions of Approval 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, 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. PLANNING DIVISION CONDITIONS 1. Design Review approval for Industrial Project No. 98 -1 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 2. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request 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 review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 5. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 6e Applicant shall comply with all Mitigation Measures per Mitigated Negative Declaration 98 -2. PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 7. All exterior on -site lighting shall be shielded and directed on -site so as not create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. 8. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `B' loading zones. 9. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 10. Ne ^^ *a^^° storage ska4l wP Allowed. Outdoor storage areas shall be permitted only in conjunction with the onsite business use. All storage areas shall be enclosed on all sides with a screen a minimum of six feet (6 ) in height subject to the Community Development Director or Designees approval. 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 12. No exterior roof ladders shall be permitted. 13. Applicant shall use roofing materials with Class "A" fire rating. 14. All exterior downspouts shall be painted to match with building exterior color. 15. The Planning Division shall approve any construction trailers utilized during construction. 16. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 17. On -site surface drainage shall not cross sidewalks. 18. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 19. The Community Development Director or designee shall approve any signage. 20. 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. PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 b. All planting areas shall be separated from paved areas with a six -inch (6 ") high and six -inch (6 ") wide concrete curb. c. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. 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. f. 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. g. Final landscape plan must be consistent with approved site plan. h. Final landscape plans to include planting and irrigation details. 21. 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. 22. A six -foot (6') decorative concrete block wall shall be constructed at the front forty -six feet (46') of the southerly boundary. A four foot, eight inch (4'8 ") retaining wall with a six -foot (6') wrought iron fence on top, will be constructed on the remainder of the southerly property line and the westerly boundary line. The total height of both walls will be ten feet two inches (10'2 "). 23. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 24. Prior to issuance of building permits, applicant shall provide assurance that all ,required fees to the Lake Elsinore Unified School District have been paid. 25. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 26. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 effect at time of building permit issuance. ENGINEERING DIVISION 27. 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. 28. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85 -26). 29. Submit a "Will Serve" letter to the City Engineering Division 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. 30. If the existing street improvements are to be modified the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 31. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 32. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer Registered in the State of California and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 33. 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. The entire site should be graded to drain to Birch Street. 34. 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. 35. Roof must drain to a landscaped area. 36. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 37. Meet all requirements of LEMC 15.68 regarding floodplain management. 38. The project site is in Flood Zone AO and the finished floor elevation of the building must be one (1) foot above the adjacent grade. 39. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 40. Developer shall contribute $1000 toward the design and construction of a traffic signal at Collier Ave. and Central Avenue. This development will increase traffic at the intersection at least 0.5 % and should contribute 0.5 % toward construction. 32. Map and Area Guide. (F:64.2) City Manager Watenpaugh gave an overview of a proposal for the Campgrounds from Southeast Publications. He noted that they are requesting a 3 -year contract and exclusive rights to sell the ads for publication of the Campground as well as a letter of introduction, from the City, to be used when soliciting ads. He stated that staff recommends approval of the contract between Southeast Publications and the City of Lake Elsinore to publish a site map and area guide for the Lake Elsinore Recreation Area. City Attorney Leibold noted that the agreement by Southeast Publications calls for an automatic renewal unless the City terminates 90 days prior to the renewal date. She stated that her preference would be that the term of the agreement be precise and could be renewed in writing by the City. She further noted that the staff report provides that the staff would have final approval over the ads and copy consistent with the standards established by the agreement and explained that she did not see that in the body of the agreement. She indicated that this should be clarified. City Attorney Leibold noted that there is a provision for attorney's fees however it is not mutual and typically if there are attorney's fees they are mutual. She stated that in the event that the City enters into some sort of concession agreement or contracts with another party to assist with the operation of the Campground, should the agreement have the option to be canceled by the City if the operator has independent authority to negotiate. Councilman Alongi asked the City Attorney what difference would it make in regard to cancellation of the contract if we subleased the Campground to an independent concessionaire since there is no fiscal impact. He stated that they could run their own ads and asked why we would want to interfere with additional advertisement. He noted that he does not know what the circulation of the magazine will be and he feels that the City would want as much advertisement as possible to attract people from out of the area and out of State to our area. He further questioned the letter of introduction, from the City, to be used when soliciting ads and asked what type of ads will they be soliciting and does the City of Lake Elsinore agree to use that letter to solicit ads. He stated that there might be some ads that the City does not want to be attached to. City Attorney Leibold stated that it would be a matter of negotiations with a potential concessionaire. She noted that the operators might want the freedom to develop their own map and advertising. She noted that if the City enters into this agreement with Southeast, it provides for an exclusive right to this type of mapping and advertisement. She indicated that the City PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 can enter into negotiations with the concessionaire which require that they take over the Campground subject to existing agreements, however she raised the issue in case Council wished to provide greater flexibility to a potential concessionaire. Councilman Alongi stated that even if the City enters into a contract with a concessionaire the City does not know what their performance and if they do a good job then at the end of three years they can cancel the contract with Southeast and go on from there, however if they do not do a good job, then the City would have lost a lot of good time and advertisement for our Campground. He stressed that the City intends to invest a lot of money into the park and he would like to protect the advertisement for the Campground since it has no fiscal impact on our budget and will aid in revenue for the City. City Attorney Leibold noted that Southeast has not had the opportunity to review her suggestions and they may not be willing to accept the cancellation clause, however she felt that this would give fairness to a potential concessionaire. She noted that the type of advertising that Southeast does is local advertising and would be soliciting to local businesses that wish to advertise for the people who use the campground. She stated that is why she wants the City to have final approval over the ads and the copy. She explained that in the opening statement of the contract it should be made clear that it is the intent that Southeast is going to solicit for advertisements within the community. Mayor Pape displayed the pamphlet to the audience and explained that it caters to the people who have Recreational Vehicles and has a map as well as the rules of the Campground. He explained that it is an informational pamphlet available to the campers to advise them of the Campground and the businesses available. He indicated that the City will receive 3,000 of the pamphlets to distribute as we choose and he feels that the comments by the City Attorney are appropriate and should be considered since it give the City options for the future to allow adjustments. Mayor Pro Tem Kelley noted that she was recently in the Campground filming a segment for Vision and Views and commented that the pamphlet will provide valuable information. She noted that the contract does provide for 3,000 pamphlets every 12 months and stated her appreciation of the City Attorney's comments. Mayor Pro Tem Kelley agreed with the termination of the contract every 36 months and noted that in the body of the contract they receive a complimentary site. She stated that as a footnote to her comments that last weekend the Campground generated revenue of $7,444. She noted that 250 campsites were occupied. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONTRACT BETWEEN SOUTHEAST PUBLICATIONS AND THE CITY TO PUBLISH A SITE MAP AND AREA GUIDE FOR THE LAKE ELSINORE RECREATION AREA WITH AMENDMENTS TO THE CONTRACT TO ADDRESS NON - AUTOMATIC RENEWAL, THE RIGHT TO REVIEW ADS AND MAP COLORS, MUTUAL ATTORNEY FEES AND THE RIGHT TO CANCEL THE CONTRACT IF THE PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 CAMPGROUNDS IS CONTRACTED TO A CONCESSIONAIRE. 33. Riverside County Transportation Commission's Request for Funding Support of Major Railroad Improvements — Resolution 98 -34. (F:140.19) City Manager Watenpaugh explained that RCTC is requesting support to allow the RCTC to secure State and Federal funds to improve the main railroad corridors of the Burlington Northern Santa Fe and Union Pacific where they cross at the Colton junction. Susan Cornelison, Rail Program Manager, gave a background of the rail system and the problems that are faced between rail freight and passenger trains. She noted that Colton Junction has been identified as a major choke point and RCTC is working to streamline the junction along with the railway companies. She explained that the State has directed Caltrans to begin a Project Study Report, which will further define the project and assist preliminary design work.. She gave an overview of the Rail Bond Funding and how it is being spent. Mayor Pape clarified that RCTC is looking for the City's support in obtaining funding from the State. Ms. Cornelison concurred. Councilman Alongi asked if this action that RCTC is taking would ease the problem of freight trains taking priority over passenger trains. He commented that his daughter had taken the train and was hours late due to a freight train having first right -of -way. Ms. Cornelison explained that Councilman Alongi's daughter was on a different rail system. Councilman Alongi asked if this junction would change the Santa Ana to Monterey ride. Ms. Cornelison stated that it would not since it was the coastal route. Linda Nanetti, questioned why Council would even consider this action since there is no rail system through Lake Elsinore. She noted that if more money is needed it should be put the voters to decide what should be done. She stated that she could understand this action if this was Colton or San Bernardino where the problem exists, however she felt that this is the railway's problem and not the City's problem. Susan Cornelison stated that is why they are not asking the local cities to contribute, however they are asking for support to seek Federal and State funds to support their efforts. She noted that the City of Lake Elsinore through a resolution helped the RCTC and San Bernardino Associated Governments form a task force that was successful in getting the California High Speed Rail Commission to realign the high speed rail line that is proposed to run along the I -15 and I -215 north. She noted that this would allow access to Lake Elsinore and Temecula as well as the City of Perris. She noted that there must be an adequate feeder system of other rail systems of transit services to be able to make a case for high -speed rail in California. She noted that if mass rapid transit is to work then they must show that they have connectivity. Ms. Cornelison explained that although the rail does not PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 come directly through Lake Elsinore a large number of its citizens use the passenger rail system out of the West Corona Station. Mayor Pape noted that this action will not involve any dollars from the City and he could not see the down side of government agencies working together for the betterment of the region. MOVED BY PAPE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE REQUEST FOR SUPPORT BY RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR MAJOR RAILROAD IMPROVEMENT BY RESOLUTION NO. 98-34 AS FOLLOWS: RESOLUTION NO. 98-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IN SUPPORT OF RAILROAD TO RAILROAD GRADE SEPARATION PROJECT AT COLTON, CALIFORNIA. City Manager Watenpaugh noted for the general information of the Council and audience that the impact of the crossings has an impact on our air quality in Lake Elsinore due to traffic congestion caused by trains being backed up. He noted that this action would have a positive impact directly on the City. 34. Request for Support of Proposition 9 - Resolution No 98 -35. (F:96.1) City Manager Watenpaugh explained that this is a request for the City's support in opposition to Proposition 9. Mr. Fred Francia, Regional Manager of Southern California Edison, explained that Southern California Edison and the Southern California Gas Company are members of a statewide coalition in opposition to Proposition 9, which will be on the ballot in November. He noted the agencies and organizations that are opposed to the proposition, He further explained that Proposition 9 would nullify the progress made to date; nullify the rate reduction bonds; make the taxpayer accountable for a $6 billion dollar deficit; and nullify the 10% rate reduction. Mr. Francia noted the City activity in economic development and the impact that Proposition 9 would have on growth. He asked that the City of Lake Elsinore support opposition to Proposition 9 through a resolution. Jim King, Regional Manager of Southern California Gas Company, noted the cost to the citizens of State of California and explained that it will impact businesses as well. He asked that the Council vote in favor of the resolution to oppose Proposition 9. Mayor Pape then called upon Council for comment. PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 Mayor Pro Tem Kelley stressed that VWRCOG did pass a resolution to oppose Proposition 9. Mayor Pape noted the amount of organization in opposition to Proposition 9. MOVED BY KELLEY, SECONDED BY PAPE TO APPROVE ADOPTION OF RESOLUTION NO. 98 -35 IN OPPOSITION TO THE 1998 ELECTRIC UTILITY PROPOSITION. Councilman Alongi stated that he feels that the voters should decide this issue in November. He explained that each person should weigh both sides of an issue before it is decided and this should be done on an individual basis. He stated that he would not approve or disapprove this issue as a Councilmember because he feels that it send a wrong message to people. He stressed that people should study the facts before they vote on something and decide for themselves. He noted that some of the organizations listed in opposition he does not approve of and feels that they have a special agenda. He noted that if the Mayor wished to write a letter in opposition to Proposition 9 he felt that would be appropriate as well as the other Councilmembers writing letters, however he does not feel that it is appropriate for elected officials to take a position on propositions. He noted that he does not want his name to appear on any item and does not want a letter sent on behalf of the City indicating that Councilman Alongi voted on the issue one way or the other. THE FOREGOING MOTION WAS APPROVED BY A 2 -1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE, AND BRINLEY AND METZE ABSENT. RESOLUTION NO. 98 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IN OPPOSITION TO THE 1998 ELECTRIC UTILITY PROPOSITION (LOCAL GOVERNMENT). THE CITY COUNCIL MEETING WAS RECESSED AT 7:58 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:20 P.M. PUBLIC COMMENTS Linda Nanetti, 16293 Cimarron, suggested that it was convenient that the State Auditor's Report came out the day after the last Council Meeting. She questioned why the Council would jeopardize the property owners through their property taxes. She suggested that this would take money from west end fire station, community center, and youth activities; and indicated the City can't afford to double up on things. She expressed concern that the resident are being cut short and stressed the importance of maintaining financial accountability. She inquired if it would be possible to establish an independent citizen's committee to review and question proposed annual funding. She suggested that the committee could support or PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 oppose funding as needed. She indicated that it was only fair to have some community input on the spending, instead of closed session business deals. Mayor Pape clarified that the bond financing addressed in the Auditor's report has nothing to do with the General Fund. James Gray, 15159 Mimosa, noted that he lives in CFD 88 -3 and thanked everyone for the positive responses he has received. He indicated that there are currently 150 neighbors known as United Neighbors of the West End District. He issued a warning that there is not adequate fire protection for the area, and stressed that seconds do matter in response times. He indicated that response times could be cut in half with the new station, and commented that the Mayor has promised to push for the station for the last four years. He further indicated that only $250,000 is needed for operations in the year 2000. He noted that the funding is already on deposit. He commented that the President should resign and questioned if the Mayor recognizes when he isn't telling the truth. He suggested that this matter be placed on the next agenda so the Council will do the right thing. Chris Hyland, 15191 Wavecrest, indicated she was present to make a big complaint, and noted that she tried to get a particular office at City Hall and could not get through or get voice mail. She noted that the City Clerk has multiple jobs and questioned why there was not a staff member to do menial tasks in the City Clerk's office. She suggested downsizing of the Community Services office because the City doesn't have community service. She indicated that she was appalled by recent raises in salary and questioned the job of the Community Services Manager. She suggested shifting staff from Community Services to the City Clerk's office. CITY MANAGER COMMENTS City Manager Watenpaugh indicated that he would not address what Community Services does, but stressed that the parks are open and operating. He clarified that the State Audit stated that the City did nothing illegal, but they did use the word "questionable ". He noted that the bond process was reviewed within a vacuum and they did not seek clarification. He stressed that the community needs to understand the financial program changed two years ago, and the Council has stuck with the program and resolved several major issues. He further stressed that the audit did not take into account that it was a work -out program. He indicated that he is proud of the finance team and the bonds are now selling above par. He stressed that the audit found no criminal actions. He noted his frustration with the audience and indicated that it was difficult to remain professional. He indicated that Mr. Gray was correct that the funds are available for the fire station and it will happen. He complimented City staff and the City Council on the tough times the City has come through. CITY ATTORNEY COMMENTS City Attorney Leibold announced the two listed Closed Session items and noted that there was another item which needed to be added after posting of the Agenda under Government Code Section 54956.9 ( c ) and noted that it would require concurrence PAGE THIRTEEN CITY COUNCIL MINUTES - SEPTEMBER 22,1998 of the three members present to add it to the agenda. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADD THE THIRD CLOSED SESSION ITEM TO THE AGENDA. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1. Announced that there will be a program at the Elsinore High School for Carley Black. He noted that former Councilman Fred Dominguez was her Grandfather. The program will be on Friday, September 25, 1998, at 7:30 a.m. and will be a tree dedication ceremony in her honor. He noted that the Children of the City of Lake Elsinore are our future and when the City looses someone like Carley, then it is not only a tragedy for the family, but also for the community. He expressed his sympathies to the family. 2. He commented that the bonds are very complicated and stated that if there was going to be a Public Financing Authority, then Council should make appointments to that Authority of people that are in the area of finance. He stated that Council is not qualified to make Authority decisions. He noted Council's lack of qualifications and explained that Council must follow direction on blind faith. He stated that if Mr. Gunn had been with the City six and one -half years ago, this City would not be in the predicament that it finds it self in today. He stated that there might not be a ball field, however the money would still be in the City. He noted that he still has his reservations about the bonds, however he does not have enough knowledge to understand them and explained that the people who are really responsible for the bonds are the people that buy the homes. He stressed that however, this is not the case in the City and we took $500,000 from the RDA to bail out a bond and $50,000 to back the payment of the bond as well as $1,000,000 for additional fees. He noted that it was not Mr. Gunn's fault, however it was the fault of the previous Council. Councilman Alongi noted that the City is in a very precarious position and something has to be done. He further noted that he does not agree with refinancing, but it was necessary in this instance. He stated that although he may disagree with Council, he does support their efforts to try and address the financial issues of the City. 3. Commented on a report about the Historic Downtown and the statement that the Downtown Business Association failed with the Street Faire and now it is a success. He noted that when the Downtown Business Association had the Faire, they sold out and could not take anymore vendors but the Council seated at that time interfered and it failed. He stressed that this Council has stepped out of the picture and the Faire is a success. 4. Noted the activities that occur in Red Bluff, California and the success they experience. He noted that they have activities almost every weekend and PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 this City should be doing the same thing for our Downtown to show the people that we are proud of our community. 5. Commented again on the bonds and stated that refinancing the bonds over and over again is not proper and is not illegal, however it is foolish. 6. Responded to the Newspaper and stated that the purpose of the postponements in his trial are caused by the District Attorney. He noted that the District Attorney failed to provide a list of witnesses for the first postponement and the second was also caused by the District Attorney because he accepted additional evidence after he had submitted from the Grand Jury and a disclosure was not provided to him or his attorney. He stated that justice is for the winner and there is no justice for the looser and there is no truth in the system. He noted that in the system it is reasonable doubt. He stated that the Californian is the only paper that printed the continuances and whey he was going to court. He read an article from the Sun Tribune that noted that he had asked for a retraction of the statement that it was criminal actions and stressed that it is not a criminal case, but rather a civil case. He stated that this is a matter him making decisions that he felt were right and is a matter of Mr. Alongi versus the system. He stated that it does not have anything to do with another member of the Council just himself and he is being challenged. He challenged Councilman Metze to go to the courts to understand the right of postponement. He stated that it is his right to be sure that he and his attorney have all the available information prior to going to trial and the jury will make the decision. He stated that the Mayor does not understand that he controls the situation, not the District Attorney, the trial nor the judge. He noted that the jury makes the decision and quoted a song by Dolly Patron "You can take this job and shove it ", and the minute he does the whole thing goes away. He stressed that it is a moot point and carries no probation, no fine, and no jail sentence. He further stressed that it carries nothing except his Council seat. Councilman Alongi stated that he is willing to spend the $30,000 or $40,000 to protect his seat of $300. He stated that he is sick and tired of hearing the Mayor and Councilman Metze with their comments in the newspapers because they are stupid. He stated that they have no idea what the system is all about; they have no idea that we have rights as citizens of the United States of America; we have a right to a fair trial; and know what is against us. He stated that the Mayor shows his ignorance when he makes comments that he knows absolutely nothing about and could cause a mistrial through their comments. He stated that he refused to change venue because he felt that the people in this community and Riverside County should have the right to know what is going on in the City of Lake Elsinore and what the previous Council has done with our RDA money and the rest of it, however if the Mayor and Councilman Metze keep shooting their mouth off in the newspaper, they will find that they have made a big mistake. He read an article in a paper from San Bernardino regarding their RDA and noted that is why he is taking this legal action. Councilman Alongi explained that RDA is the most important entity that any City has and this Council and previous Councils have broke the RDA, it removed any opportunity that the City had to raise PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 additional revenues. He presented a list of houses that the City is going to tear down and noted that all of the houses mentioned are in an RDA and if the funds were available, the City could have demolished the old houses and built new ones to take their place. This action would take these areas and remove slums and turn the area into good low and moderate income housing for low- income families. He noted that in RDA law it says if RDA funds are used to take a house down, then it must be replaced. He stated that is why he is willing to pay the price and go through what he is going through because he feels that this seat is that important. He stated that there is no case law for what he is going through. He stated that he did not take anything from this community nor did he steal anything from this community. He noted that a former Mayor took a $100,000 loan for his building and then voted to give that person a $4,500 loan and does not have to pay it back and then took a $21,000+ loan on a building that he was part owner in and then did not pay the City back. He stressed that is a criminal act and all that he received is a small fine from the FPPC. He stated that if the Mayor and Councilman Metze do not shut their mouths, then they are going to hear from his every Council Meeting because he is sick of it. Mayor Pro Tern Kelley commented on the following: 1) Reminded the public about the library re- opening on October 17'x', and noted that the Council approved a street closure for the event. She noted that the patio is now enclosed, and cemented with tables and umbrellas. 2) Noted that there were two accidents at the intersection of Dexter /74 and she has received several questions about the status of the stop light there. Staff advised that the signal poles are due by mid - November, the controller is due in November and it should be in operation in December. It was noted that there are some delays with the Burger King, but staff is doing everything possible to expedite the installation. 3) Reminded everyone of the National Skydiving Competition, October 15 - 18 and encouraged everyone to attend. 4) Congratulated Ricky Weston on his appointment to the State Board of Education, and noted that the only other person appointed from this area was Ricky's brother. 5) Congratulated Bruce Quimby on his recognition as Co- administrator of the year for the State. 6) Expressed condolences to Carley Black's family, and noted that she would keep them in her prayers. 7) Advised that she spoke with Councilwoman Brinley and agr&zd to let everyone know that she is feeling much better. She also noted that Nlrs. Brinley sent thanks for the cards, notes, flowers and the outpouring of PAGE SIXTEEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 generosity. Mayor Pape commented on the following: 1) Noted that Lake use is up and detailed the activity from April 1 to September 19 of this year. He noted that the income has increased 21% over that of 1997. He stressed the number of events occurring on the Lake and advised that every dollar generated goes back into the Lake. 2) Advised that the Campground had been open from September 4 thru 18 with total revenue over $7,400, which will go back into its maintenance. 3) Noted the tragic loss of Carley Black on the Ortega Highway and commented that the funeral was well attended, but difficult for everyone. He offered thoughts and prayers to the family. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision ( c ) of Section 54956.9) - 1 Case. B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - City of Lake Elsinore vs. Ranel Development Company - Case 4213915. City Attorney Leibold announced the above listed items and noted the inclusion of an additional case under Item A. THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 8:56 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEMS. THE CITY COUNCIL MEETING RECONVENED AT 9:58 P.M. NO ACTION TAKEN. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING P.M. V W. PAW, MAYOR OF LAKE ELSINORE ATTEST: VICKI KASAI2,, CITY CLERK CITY 07 LAIa ELSINORE ADJOURNED AT 10:00 MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 6, 1998 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Pape at 4:01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, KELLEY, PAPE ABSENT: COUNCILMEMBERS: BRINLEY, METZE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone and Financial Advisor Gunn. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Pursuant to subdivision (a) of Government Code Section 54956.9) - City of Lake Elsinore vs. Mago Construction, Inc. & Bee Chu Lee - Case #293828. (F:52.1) THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION FOR THE ABOVE LISTED DISCUSSION AT 4:02 P.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 4:44 P.M. WITH THE FOLLOWING ACTION REPORTED: CITY COUNCIL DISCUSSED TERMS AND CONDITIONS OF PROPOSED SETTLEMENT AND DIRECTED THE CITY ATTORNEY TO PREPARE THE SETTLEMENT AGREEMENT. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING W 01%4 / 0146) v W. PAP , MAYO R OF LAKE ELSINORE ATTEST: VICKISAD, CYTY CLERK CITY OF LAKE ELSINORE ADJOURNED AT 4:45 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 13, 1998 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:01 p.m. 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 Brady, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, City Engineer O'Donnell and City Clerk Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. INVOCATION None. PRESENTATIONS a. Presentation — Business of the Quarte r. (F:56.1) Mayor Pape announced that this Quarter's winner was Ron Satter, of Four Corners ARCO. He noted that Four Corners has been a landmark for many years and indicated that Mr. Satter had owned the old Four Corner Liquor Store for many years and he has now built the new ARCO station. Mayor Pape presented Mr. Satter with a plaque to be hung at the station denoting them as outstanding business of the quarter for Summer, 1998. He also noted that Four Corner ARCO would be included on the perpetual plaque on display in City Hall. Mr. Satter thanked the City and the Council for allowing them to put this project together, and noted the approval nearly two years ago. He expressed hopes that they could encourage further enhancement for the area. Mayor Pape noted that they are now open 24 hours a day and employ fifteen people. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 13, 1998 b. Presentation - Surface Mining & Reclamation Award. (17:56.1) Continued to October 27, 1998, as representative of State Board could not be present. C. Presentation - Capital Projects Update. (17:30.3) City Manager Watenpaugh noted that staff would provide an overview of the project statuses. Community Development Director Brady provided the project update, and noted that the projects were approved as part of the budget process. He detailed the projects including sixteen specific projects and three miscellaneous projects, representing $2.5 million in improvements. He advised that the Strickland Avenue Guardrail, Repaving of Mission Trail and Kellogg Street Sidewalk and Access Ramp Improvements had been completed. He further advised that the Dexter/Highway 74 Traffic Signal project is underway and the equipment has been ordered. He noted that the Casino Drive Bridge, Spring Street Pavement Project, Main Street Paving Rehabilitation and the Highway 74/Lincoln Traffic Signal, Railroad Canyon Median Landscaping and Pedestrian Crossing at the Outlet Channel are all under design at this time. . Mayor Pape inquired about the Dexter/Highway 74 Traffic Signal and noted the level of interest in the Community. He asked if it would be safe to say that it would be in by the time students are back from Christmas break. Staff confirmed. He also questioned the timing for work to begin on Main Street. City Engineer O'Donnell indicated that construction should start on Main Street in the early summer. Mayor Pro Tem Kelley inquired about the Railroad Canyon Median Landscaping and what would be included. City Manager Watenpaugh indicated that a summary of the design was underway. Community Services Director Sapp indicated that staff is working on a design for Railroad Canyon Road from Grape Street to the entry to Canyon Lake, which will utilize a number of palm trees which are in jeopardy of being destroyed. He further indicated that the project could use as many as 100 of the palm trees with hardscape and reclaimed water irrigation lines. He noted that staff is working with Pardee Development, who previously set money aside for landscaping. Mayor Pape suggested this could be done by February or March of next year. Mr. Sapp concurred. Mayor Pro Tem Kelley reiterated that the trees would be relocated only if they were in jeopardy. She further reiterated the importance of the Dexter/Highway 74 Traffic Signal. Mayor Pape questioned the Grand Avenue/Lakeshore Drive Project. Mr. Sapp clarified the location and indicated that the project is scheduled for February, 1999. PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 13, 1998 Councilman Alongi inquired how much these projects would cost. Mr. O'Donnell indicated that all of the projects. total about $2.5 million. Councilman Alongi questioned projects for Bromley, Shrier and other streets in that area. He expressed concern that other areas get new street, noting that Mission Trail has been done three times since he has been on the Council. He stressed the amount of money spent in some areas, while nothing is spent in other areas. Mr. O'Donnell clarified that the City has not paved any local streets in several years, as most of the money has been spent on arterial streets. Mr. O'Donnell noted the recent project on Gunnerson street to raise it. He noted the number of dirt streets and stressed the limitations on funding for street improvements. Councilman Alongi noted his understanding of the Gunnerson project, but stressed he would like to know when the other streets will be included. City Manager Watenpaugh suggested that with the next Slurry Seal project the Council will have an opportunity to prioritize the projects. PUBLIC COMMENTS — AGENDIZED ITEMS None Requested. Mayor Pape requested that the Council move to Item #22 and explained the volume of documents received today. He suggested that with insufficient time to review the documents, the issue should be continued to October 27� . BUSINESS ITEMS 22. La Laguna Estates Specific Plan No. 92 -4 and Environmental Impact Report No. 92 -2. Ordinance No. 1041 and Resolution No. 98 -37. (F:150.2) MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO OCTOBER 27, 1998. CONSENT CALENDAR ITEMS Councilman Metze indicated that he would be abstaining on item no. La. The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5 and 7. MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved by a vote of 3 to 0 with Brinley absent and Metze abstaining: PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 13,1998 a. Special City Council Meeting — October 6, 1998 (17:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - September 16, 1998. (17:60.3) C. Design Review Committee Meeting - September 16, 1998. (F:60.4) 2. Received and ordered filed the Investment Report for August, 1998. (F:12.5) 3. Ratified Warrant List for September 30, 1998. (F:12.3) 6. Approved Renewal of Contract with Berryman & Henigar, Inc. for Engineering/Plan Checking Services. (17:68.1) 8. Accepted Notice of Completion for the 'Strickland Avenue Guardrail Improvements and authorized recordation, (F :156.2) 9. Accepted the dedication of the easement for Lennar Homes and approved Quitclaim of portions of the easement no longer needed in Tuscany Hills Tract 17413 -6, and authorized recordation. (F:160.2) 10. Approved Proclamation for Colonial Heritage Week and directed staff to forward to the requestor. (F:122.1) PUBLIC HEARINGS 31. General Plan Amendment No. 98 -5 and Zone Change 98 -4 - Assessor's Parcel Numbers 363 -100 -016 and 022.. Resolution No. 98 -36 and Ordinance No. 1040. (F:83.2) Community Development Director Brady highlighted this request and its location, noting the recommendations of the Planning Commission. He advised that the proposal is consistent with the goals and objectives of the General Plan. 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: Councilman Alongi indicated that he had a problem with the zone change as it is in the middle of residential properties. He suggested that this would be an ideal spot for multi - family to be developed because of the freeway access, its proximity to the last such project built and the new traffic signal in place to control traffic. He indicated that the community only has 8- 1/2% of its total development as multi - family, and only about 2% of the area has enough ground for 12 units to the acre. He suggested that the more this zoning is decreased, the more it pushes the minimum wage workers out of the community. He addressed housing in San Jose, noting that they have no housing for low income people; and are now starting to develop PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 139 1998 properties for minimum wage residents; He stressed the importance of keeping young people in the community to spend money, grow and advance. He indicated that the Mayor has a definite plan to put those people out of the community and has already gotten sued and lot. He expressed concern that the City is tearing down buildings, but not replacing them and stressed that all residents are entitled to safe, quality housing. He commented that the existing zoning allows for affordable housing and reiterated that he is opposed to this type of zone change for the same reason the Council did not want to put multi - family on Casino Drive; as this is putting a commercial development in a residential area. He questioned how trucks would access this location and reiterated that this would not be a proper place to put it. Councilman Metze indicated that he thinks this is the right thing to do, the right use and exactly what the Council has been doing. He further indicated that Railroad Canyon is being used for deliveries now and would continue to be used. He also noted that there was no one present to speak for or against the request. Mayor Pro Tern Kelley noted that the location is surrounded by a mixture of housing, vacant land and one multi - family development. She indicated that it would make sense to have commercial development near the freeway. She indicated that people would use Casino Drive. Mayor Pape concurred that the proposed change would allow for the highest and best use of the property. He also noted that if a car dealership was the ultimate use, it would blend nicely with the existing development. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND BRINLEY ABSENT TO ADOPT MITIGATED NEGATIVE DECLARATION NO. 98-6, APPROVE GENERAL PLAN AMENDMENT NO. 98-5, ADOPT RESOLUTION 98 -36, APPROVE ZONE CHANGE NO. 98 -4 AND ADOPTED ORDINANCE NO. 1040 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findings - General Plan Amendment No. 98 -5 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 SIX - CITY COUNCIL MINUTES - OCTOBER 13, 1998 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 No. 98 -4 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 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. CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. (GPA) 98 -5 AND ZONE CHANGE NO. (ZQ 98 -4 (APN (S) 363 - 100 -016 AND 022). The applicant shall enter into an acceptable impact mitigation agreement with the Lake Elsinore School District prior to issuance of building permits for the project 2. The applicant shall agree to join an Assessment District or contribute a fair share for the cost of the realignment and improvements of Casino Drive and Pottery Street extension, subject to the approval of the equitable spread of the improvement costs. ORDINANCE NO. 1040 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE ZONING OF 6.26 GROSS ACRES ALONG FRANKLIN STREET (BANKROFT) AND CASINO DRIVE FROM R -1 (SINGLE - FAMILY) RESIDIENTIAL ZONING) TO C -2 (GENERAL COMMERICLA) - ZONE CHANGE 98 -4. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: BRINLEY PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Multi- Family Housing Development Moratorium Study. (F:87.1) City Manager Watenpaugh stated that Community Development Director Brady would be presenting the report, however he noted that during the summer the City employed a interne that gathered the data to assist in formulating this report. Community Development Director Brady noted that several persons in the Community Development Department formed the report and Senior Planner Villa did all of the coordination of the project. He noted that the Moratorium for Multi- Family Housing Development is set to expire on October 21, 1998. He further noted that the purpose of the Moratorium was to provide the City with the opportunity to address three issues that were identified by the City Council in relationship to Multi- Family Housing within the City. He explained that the first question was how much Multi - Family land use areas existed within the City and do we have enough or too much; the second is the locations of the existing land use designations within the City and the appropriateness of these locations; and the third question is if the existing development standards and regulations for Multi - Family zones are adequate to deal with the common problems that are associated with Multi- Family development. Community Development Director Brady stated staff surveyed other cities similar to Lake Elsinore to find mixed Multi - Family Residential that they had addressed. He noted that it was found that Lake Elsinore compared to some of the other cities had proportionately more Multi- Family land use area that the average of the eight other cities combined. He explained that the average percentage for Multi - Family for the eight cities was 6.22% and the amount for Lake Elsinore was over 8% or in the top three of the eight cities surveyed. He noted that the total taken of residential /Multi - Family land use in the eight cities surveyed showed Lake Elsinore as the 2" highest of the cities with the City of Perris being the highest. Community Development Director Brady stated that since the amount of Multi- Family was above the average, certain areas of the City needed to be looked at to determine if the Multi- Family designations were appropriate in those areas. He indicated that staff determined that Multi - Family land use designations along the I -15 corridor could be considered an area to be changed to Commercial land use designation. He noted that such uses as auto dealerships could be considered. He further indicated that staff reviewed the Multi- Family development standards and concluded that the regulations should be reviewed and possibly revised, particularly in areas of parking, lighting and storage requirement as well as the aesthetics and design review for those projects. Community Development Director Brady indicated that it is recommended that City Council direct staff to review the General Plan Multi- Family land use designations and adjust the amount and locations of the areas designated with the Multi- Family designation; review the PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 13, 1998 feasibility of developing the Commercial Corridor Specific Plan area; and up date the Multi - Family development regulations that are contained in Chapter 17.14 of the Lake Elsinore Municipal Code. He stressed that the report presented was a summary of the study and staff feels that a comprehensive review was conducted. Councilman Alongi asked if it is fair to compare Norco with the City of Lake Elsinore concerning Multi- Family zoning. Community Development Director Brady stated that it was. Councilman Alongi questioned staff regarding the amount of horse property in Norco. He objected to the use of Ontario to compare to Lake Elsinore since the majority of land in that community is farm property. He indicated that a study can be made to reflect any attitude that the person conducting the survey wishes to convey. He asked if there was a breakdown of R -2, R -3 and R -4 in the survey or if it was a combination. Community Development Director Brady stated that the study was done from General Plan Land Use designations and not zoning designation. He noted that the Land Use designations were what were used to do the survey. Councilman Alongi asked that out of the 8 -'h % that is Multi- Family, 3 % is R -2 and .5 % is R -3 etc. Community Development Director Brady stated that he would have no way of knowing exact percentages. Councilman Alongi stated that then the report does not really signify what kind of Multi- Family that is being address, except that properties that have a greater value than R -1, therefore the figures that are in the book are not compatible to what is going to be discussed. He indicated that Council really doesn't know if the 8 V2% is a true figure on property that have greater value than 24 units to the acre and asked if there were that many parcels in the City that Council needs to be concerned with. He questioned the use of the City of Riverside versus the City of Lake Elsinore. He noted the percentage of the Cities of Temecula, Murrieta and Corona. He addressed Table 4 in the report and stated that it does not give a break down of R -2, R -3 and R -4 and does not address how many parcels are designated for more than 12 units. He stated his appreciation for staff's time and efforts, however he supports low and moderate - income housing and he feels that this is just another systematic approach to kick those people out of this community. Councilman Metze stated that a percentage is a percentage no matter what the population is. He noted that staff looked at eight cities that are in the general area and asked where it is written that Lake Elsinore has to be the Multi- Family capitol of this area. He noted that table four compares Single - Family homes verses Multi- Family Residential homes and noted the difference between the different cities and Lake Elsinore. He stated that when the table is examined it shows that the City has done an outstanding job in providing Multi- Family Residential. He confirmed that this study is everything above R -1. He stated that he agrees with staff's recommendations, however he would like to see a map of the actual areas in a Study Session to determine the exact locations. Mayor Pape asked if it was Senior Planner Armando Villa that did the PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 13, 1998 study. Community Development Director Brady stated that it was. Stated that he concurred with Councilman Metze. He stated that the location is more important than the quantity and he would also like to see a map that would show exactly where the zones are to make sure that it is compatible with the surrounding areas. He noted that there are numbers that the general public might be interested in. He indicated that the total General Plan acreage is just less than 34,000 acres and the City of Murrieta have half of that amount. He stated that Ontario has less than 20,000 acres; Temecula has 16,000 acres; Corona has 18,000. He stressed that the City of Lake Elsinore covers a very large geographic area and the purpose of this action is to make sure that future development is compatible, not only with the entire community, but also specifically with the surrounding area on any future Multi- Family developments. He noted that the City of Lake Elsinore has set -aside far more area for Multi - Family housing than what is necessary. Mayor Pape indicated that Council needs to make sure that any development is compatible with the surrounding area and it might be necessary to change the land use to address the needs of the community. He noted that no changes would be make without the concurrence of the surrounding property owners to best address the concerns and needs of the residents. Mayor Pro Tem Kelley stated that Council would be making an error in assuming that Multi - Family housing is low to moderate income and that is not always the case. She noted the large amount of acres that the City of Lake Elsinore has set -aside for Multi- Family housing. She addressed the finding for the I -15 Corridor and stated that she agreed that it is not suitable for Multi- Family dwellings and concurred with Councilman Alongi's previous comments regarding the fact that the City is sitting on a gold -mine for commercial on the I -15 Corridor. She stated that she would like to see the Residential Standards tightened up and feel that it is very important to keep on top of the parking, lighting and storage issues. She concurred with Mayor Pape and Councilman Metze regarding a map. She stressed that she would like to see exactly where all the Multi- Family land use areas are located to best judge what is surrounding that area to make the best logical decision possible. She indicated that she would like to see a map as soon as possible. MOVED BY PAPE AND SECONDED BY METZE TO DIRECT STAFF TO COME BACK AS SOON AS POSSIBLE WITH A MAP OF THE LOCATIONS OF ALL THE MULTI - FAMILY LAND USE AREAS IN THE CITY AND MAKE RECOMMENDATIONS FOR CHANGES; WORK WITH THE PLANNING COMMISSION TO UP -DATE AND STRENGTHEN AND OUR CURRENT MULTI - FAMILY DEVELOPMENT STANDARDS; AND PRESENT A SPECIFIC PLAN FOR THE I -15 CORRIDOR AS SOON AS POSSIBLE. Councilman Alongi stated that again the Council is at the point of a "true statement" or a "statement of truth ". He noted that when he made the comment about the I -15 Corridor it was when the City was giving the Ford PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 Dealership $300,000 more and not to change any Multi - Family zoning along the I -15 Corridor. He stressed that it is a known fact that a city place Multi- Family along side a corridor where they have quick access to a freeway, rather than bring the residents through the community. He stated that is proper development. He indicated that this Council has no experience with development, whereas he has been involved in development for the last 40 years and does have the knowledge necessary to make decisions. He noted that the Mayor was quoting acreage and did not compare population to acreage, which would drive their percentages down as it does with other cities. He indicated that most low to moderate - income families live in apartments. Councilman Alongi addressed Mayor Pro Tem Kelley's comment regarding apartments and stated that the people that make $60 to $70 thousand dollars a year live in Temecula or in Tuscany Hills and because she is a teacher she should know better than anyone that low to moderate income quality housing is needed in this area. He stated that the low to moderate - income family is forced to live in slums and noted the structure being torn down at Main and Sumner. He further noted that if this action were done with RDA funds, then it could be rebuilt and the displaced families could be placed back in the quality Multi - Family housing. He stressed that he sees this as a systematic way of reducing the Multi- Family zoning in the City of Lake Elsinore because the Council feels that they are better than others. He invited that public to really look at the report and then make their own judgment. THE FOREGOING MOTION WAS APPROVED WITH A VOTE OF 3 -1 WITH ALONGI CASTING THE DISSENTING VOTE AND COUNCILWOMAN BRINLEY ABSENT. ITEMS PULLED FROM CONSENT CALENDAR 4. Lake Elsinore Historical Society Restoration of Antique Fire Engine. (F:45.1) Councilman Metze indicated that he just had a couple of questions and comments on this time. He stressed the importance of assuring that qualified people are doing the restoration. He questioned the potential cost to restore it. He indicated that he feels this is a great idea, but he just wanted to be sure of the required qualifications and insurance. He also expressed concern that an unqualified person might leave the truck in parts, as previously occurred when someone worked on the motor. Councilman Alongi noted that this truck is unique as there are very few in the United States. He indicated that he would like to see the $20,000 for street tree lights used for this restoration. He suggested that there was a great demand for such a truck and saw this as an opportunity to make money. He noted that there are people who know where the parts are to put the truck back together. He commented that he would like to see the City do a joint venture to provide insurance coverage and have a staff member oversee the work, rather than putting lights in the trees. PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 Councilman Metze suggested if the money for the lights were used on the fire engine, the Council could go to jail, as those are special funds. City Manager Watenpaugh confirmed that the lighting is being funded by the park fund. Councilman Metze stressed that it would be a misuse to use those funds for the fire truck, noting that certain funds are designated. He indicated that he would support funds from somewhere else for this purpose. MOVED BY METZE, SECONDED BY KELLEY TO AUTHORIZE THE LAKE ELSINORE HISTORICAL SOCIETY TO RESTORE THE ANTIQUE FIRE ENGINE AT HTEIR COST AT THE ENGINE'S PRESENT LOCATION; WITH THE VEHICLE REMAINING IN THE POSSESSION OF THE CITY OF LAKE ELSINORE AND STAFF WORKING WITH THE CHAMBER FOR THE REMOVAL OF ALL STORED MATERIALS. Councilman Alongi noted that $200,000 from the Library Fund was borrowed and questioned why it was not possible to borrow $20,000 for the fire truck. He stressed that there are ways to do things. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 5. Contract with Norris- Repke, Inc. - Engineering Services for Main Street Pavement Rehabilitation Project and Graham Street Pavement Rehabilitation Project. (F:68.1) Councilman Alongi expressed concern that this item contemplated approving a contract, but the contract was not included in the packet. City Attorney Leibold indicated that she had the contract for review and signature. Councilman Alongi suggested setting this item aside until the Council can read the agreement. Mayor Pape questioned the City Attorney's comfort level with the agreement. City Attorney Leibold indicated that she needs to complete the review but it does include the key items proposed by her office. She indicated that she would be happy to provide the Council with copies of the agreement. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND BRINLEY ABSENT TO APPROVE THE CONTRACT WITH NORRIS -REPKE FOR THE MAIN STREET AND GRAHAM STREET PROJECT, IN THE AMOUNT OF $49,141 AND AUTHORIZED THE CITY MANAGER TO SIGN THE CONTRACT. 7. Notice of Completion - Fiscal Year 1997 -98 SB821 Sidewalk and Pedestrian Ramp Improvements. (F:146.1) Councilman Alongi noted that the budget for this project was $55,000 and the final cost was $8,600 short due to a misunderstanding with the County. PAGE TWELVE CITY COUNCIL MINUTES - OCTOBER 13, 1998 budget of 55,000 for design and construction. Community Development Director Brady indicated that staff was made aware of this after entering into the agreement; but it was something overlooked by staff. Mayor Pape indicated that the bottom line has not changed. City Engineer O'Donnell clarified that the County asked for money after the contract was awarded, but the amount of matching funds would have been the same. Mayor Pape questioned whether it actually cost more money. City Manager Watenpaugh confirmed and noted that there would be a transfer of funds from another account. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE TRANSFER OF $8,600 FROM THE GAS TAX ACCOUNT TO THE 1997 -98 SB821 PROJECT ACCOUNT, ACCEPT THE NOTICE OF COMPLETION AND AUTHORIZE SIGNATURE AND RECORDATION OF THE NOTICE. THE CITY COUNCIL MEETING WAS RECESSED AT 8:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:10 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, complained that the landscaping in her area is not being taken care of, noting that the maintenance was "crappy ". She noted that this caused her to start looking into a lot of other things and she discovered that the City gave certain positions big salary increases. She detailed the current salaries and raises of the management staff members and reminded the community of the vehicle and benefit costs. She commented that there is no money for anything, but salary increases. She suggested that City Hall should go back to five days a week, and reiterated the need to do something about the landscaping. CITY MANAGER COMMENTS City Manager Watenpaugh advised that he gave the raises; noting that the City has downsized and saved a lot of money, and the staff works hard and deserves what they get. He indicated that with regard to landscaping it has been mentioned before and took responsibility for insuring that there would be a change. CITY ATTORNEY COMMENTS No Comments. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: Stated that he goes back to court on the 19'h and they are back to square one again. He explained that he would have to be appointed a judge and that PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 judge has to see what is on his calendar. He doesn't know if he will get to go on vacation or not. He noted that it was the fault of the District Attorney. 2. He noted that at the last meeting the Council voted to support Proposition 9. He stated that whether he supported Proposition 9 or not is immaterial since he feels that this should be an individual matter. He noted the endorsement of Proposition 5, which was done on an individual basis and stated that is how it should be done. He that if the Mayor or anyone else on Council wishes to support an issue then they should write a letter or sign a petition, however he does feel that it should be done on an individual basis. He stated that there are people in the City who would vote in favor or in opposition to and issue simply because Council votes that way and he feels that is wrong, therefore he will keep his opinions on how he will vote to himself. He stated that the people should at least read what they are voting on and make their own decisions. Noted that La Laguna Estates was continued because of the amount of reading that Council must do to be educated about the project. He stated that City Attorneys make mistakes and that is why it is important for Council to read all information regarding a subject. He stated that he would not give his vote unless he has something in front of him and that he has read. He stated that if there was something that he did not understand, then he could question it. He stressed that the Council did not have the opportunity to read the contract this evening because it was not in front of them. He cited a bond issue that Council did not read and it was wrong and the City got in trouble because of it. 4. Noted that a few months ago a manager of Media One threatened City Council about profanity and the fact that if there was anymore profanity they would shut the cable down. He stated that profanity is fine when the bottom line is profit. He further noted that on Cable 3, our local cable channel they were showing "R" rated movies with profanity that only drunken sailors use on their leave. He commented that when it comes to profit, its o.k. to put that smut on the television on a local channel. He stated that people do not buy those stations because they don't want to see those type of movies, yet Media One will televise them on a local channel to advertise the service, where a small child can turn the channel and listen to inappropriate language. He stated that in the future, he hopes that Media One will not raise their head to be self - righteous. 5. He noted the RDA in San Mateo and the program they use for removing blight in their community. 5. Stated that he has been informed over and over again that the City is not responsible for the bonds, however in a Close Session he was informed that if certain decisions were not made that the City could be sued. He asked how the City could be sued if it is not responsible for the bonds. He noted that it's the Public Financing Authority that underwrites the bonds that are PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 discussed all the time and it the City of Lake Elsinore Public Financing Authority that must perform and if it does not perform properly and the bonds go into default the City ends up in trouble. He explained that the City is indirectly responsible for the bonds. He stressed the need to be careful with the bonds because they are so complex. Councilman Alongi stated that the City should not be assisting the developers in any way and if they perform properly, then the City can come behind them and possibly reward them. He noted the amount of developers that have gone bankrupt and the Council has to bail them out and it this action should not happen. He noted that the City cannot support the services needed and yet, they are allowing more home to go in. He further noted that the people that move to these homes do not work here and explained that those people do not necessarily spend their money here. He stated that Council is more interested in building car dealerships rather than homes for people who are financially disadvantaged. He noted the units that were just torn down and the City has no program to place these people when they are moved out of their homes. 7. Stated that he will keep the public informed and explained that he will be sitting in his seat for a long time since there is no advantage to this case. He questioned why they have not talked to him about a settlement, yet they will plea- bargain with murders to obtain a conviction without going to court. He noted that the maximum penalty is to take his seat and it will take 12 people to take that action. He stated that they are wasting the tax - payers dollars. Councilman Metze had no comments. Mayor Pro Tem Kelley commented on the following: 1) Announced on behalf of Volunteer Fire Company #10 that Fire Safety Awareness Day would be this Saturday at Walmart beginning at 10 a.m. She encouraged community support of this event. 2) Announced the Library Grand Opening on Saturday from 10 a.m. to 3:30 p.m. She noted that local talent would be performing and all would find the event interesting. 3) Conveyed continuing Get Well wishes for Councilwoman Brinley Mayor Pape commented on the following: 1) Noted the monthly meeting of the Republican Assembly on Thursday Night at Tuscany Hills. He advised that they would be sponsoring a debate on Proposition 5 regarding Indian Gaming. 2) Advised that Dan Lungren would be in Lake Elsinore on Saturday at about 12:30 p.m., at the Republican headquarters on Riverside Drive. 3) Indicated that he was glad the District Attorney was not willing to bargain with corrupt politicians. PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1998 CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Lake Elsinore vs. Lytle Creek Partners, et al. - Case No. 213915. B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c ) of Section 54956.9) — 2 Cases. City Attorney Leibold announced the above listed Closed Session items. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION FOR DISCUSSION OF THE ABOVE LISTED ITEMS AT 8:26 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:05 P.M. WITH THE FOLLOWING ANNOUNCEMENTS. WITH REGARD TO ITEM A - LYTLE CREEK PARTNERS, THE CITY COUNCIL DIRECTED THE CITY ATTORNEY TO RESEARCH THE STATUS OF CONDEMNATION ACTIONS. WITH REGARD TO ANTICIPATED LITIGATION ITEMS: CASE ONE, THE CITY COUNCIL AUTHORIZED LEGAL COUNSEL TO FILE PROTEST TO EVMWD WATER RIGHTS APPLICATION. CASE TWO, NO ACTION TAKEN. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 10:10 P.M. EVIN W. PAPE, MAYOR CITY OF LAKE ELSINORE ATTEST: 21;&- VICKI _-:ASAD CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 27,1998 CALL TO ORDER 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 Councilwoman Brinley INVOCATION The Invocation was provided by Pastor Don Butensohn. 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 Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, City Engineer O'Donnell, Assistant to the City Manager Best, Senior Planner Morita and City Clerk Kasad. PRESENTATIONS a. Brad Sharpe, Manager, Albertsons. (F:122.1) Mayor Pape read and presented a Proclamation to Mr. Brad Sharpe, representing the new Albertson °s store on the west end. He noted that residents have waited many years for another store; and the increasing need for an additional grocery store on that end of the Lake. Mayor Pape advised that the second store would open on October 28`t' at 8:00 a.m. Mr. Sharpe commented that he looked forward to serving the community and being involved in the Community. b. Lee Thibadeau, Surface Mining & Reclamation (F:56.1) Mr. Thibadeau, representing the State Department of Conservation, noted that this is the second time he has made such a presentation to Lake Elsinore. He advised that there are 128 lead agencies in California, and PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 27, 1998 only 12 of those are receiving the Surface Mining and Reclamation Act Award. He indicated that it is not an easy task to meet the State requirements and commented that the staff and City Council had show true concern for the environment. He congratulated the Council and staff for their efforts in this area. PUBLIC COMMENTS — AGENDIZED ITEMS Requests were received to address Item No. 21 and deferred to that discussion. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4. 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. City Council Study Session — August 19, 1998 (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - October 7, 1998. (17:60.3) C. Design Review Committee Meeting - October 7, 1998. (17:60.4) 2. Ratified Warrant List for October 15, 1998. (F:12.3) 3. Rejected and referred to Claims Administrator for handling, the Claim Against the City submitted by Joyce Anderson (CL #98 -23). (17:52.2) Approved Proclamation Welcoming the New Albertson's Market. (F:122.1) PUBLIC HEARING 21. La Laguna Estates Specific Plan No. 92 -4 and Environmental Impact Report No. 92 -2 - Resolution No. 98 -37 & Ordinance No. 1041. (F:150.2) City Manager Watenpaugh introduced the project and stated that this item was continued from the City Council Meeting of October 13, 1998. He asked Community Development Director Brady to give an overview of the proj ect. Community Development Director Brady explained that La Laguna Estate is a Master Planed Community. He gave an overview of the project and PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 27, 1998 outlined the location of La Laguna Estates Specific Plan Area. He noted that the Specific Plan is a residential project on 489 acres of land adjacent to the Cleveland National Forest and proposes 480 single - family detached and 180 single- family attached residential units, for a total of 660 residential units, and 282 total acres of Open Space. He indicated that under the Specific Plan there would be limited Neighborhood Commercial uses subject to a Conditional Use Permit, which would have to go to public hearing with Planning Commission prior to it being allowed. He stated that Tuscany Hills has similar provisions in their Specific Plan as well. He noted that the project is in the Community Facilities District 88 -3. He reminded Council that this is for review and approval of the Specific Plan and Environmental documents and the Tract Map and Design Review would have to come back before Planning Commission and City Council at a public hearing for approval. Mayor Pape called upon the applicant. Kris Webber, Hunsaker and Associates, representing the applicant, thanked City staff for their many years of assistance with this project. He gave a history of the development of the Specific Plan and stated that he felt that this was a quality product for the City. He noted that the project has three distinctive areas based on the topography and offers three different views. He explained that because of the topography it allows the potential in the Specific Plan for a gated community and stated that it would not affect traffic flow since there is no through traffic. Mayor Pape opened the public hearing at 7:16 p.m. and called upon the persons who requested to speak. Marie Locke, 15025 Monte Court, Secretary for the Cleveland Ridge Community of Interest Committee, stated that she had not received a notice of the public hearing and stressed that there is a need for open communication between the City and the Committee. She stated that she feels that development that occurs within the City will impact the COI and they need to offer input on behalf of the residents of the COI. She noted that they held a Town Hall Meeting and a vote was taken to call for the City to provide a Hillside Ordinance and without this Ordinance development would affect the Valley at large. She stated that by adopting a Hillside Development Ordinance it would comply with the City of Lake Elsinore's General Plan. Richard Burnett, 29604 Dale Court complimented the developer of the La Laguna Specific Plan for leaving 140 acres of Open Space, however he and his wife do have some concerns. He noted that the Rice Canyon "Disturbed" area is proposed to be given to the Boy or Girl Scouts of America and he questioned the traffic safety of the ingress and egress of that site on Dale Court. He stated that in his opinion Dale Court was not designed for that type of potential traffic and asked that Council consider that issue. He stated that due to the increase in traffic caused by the PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 27, 1998 addition of approximately 1,400 vehicles when La Laguna Estates is developed there is a need to address the traffic intersection of Grand Avenue and Broadway. He suggested that a four way stop to mitigate a potential unsafe condition caused by traffic congestion on that site. Mr. Burnett noted the area that the project is located in and cited the high risk flood zone area as well as the fact that we do not have a fire station on the West End and it is also in a high risk fire area. He asked that Council please consider the traffic concerns, safety issues and impact on the neighborhood that a Scout Camp would have. William Moe, 29609 Dale Court, concurred with Mr. Burnett and stressed that there is a real need for a fire station with increased population and the quantity of vegetation near the proposed project. He stated that he would not like to see Dale Court be an area of ingress and egress for the Scouts. He noted the traffic hazard that would create. He noted that the proposed site of the Scouts in an A -1 Flood Zone and is a hazard for them and a liability for the City. Daniel Uhlry, 150 E. Lakeshore Drive #80, stated that he has hunted and hiked in the area and noted the flood hazard in the area proposed for Scouts and further noted the amount of run -off that will occur due to a reduction in natural watershed. He noted the problems that the City has had with Riverside Drive due to the run -off. He stressed that he is favor of development, however he hopes that the City will allow development in a controlled manner and not end up with a Laguna Niguel situation with houses sliding off the mountains. Mike Aller, Centex Homes, spoke in favor of the project and stated that with the development of La Laguna Estates will result in lower CFD fees for all the homes that have been constructed on the West End. He noted that it would ultimately provide funds that will provide for finishing McVicker Park. He explained that when the original project was developed, issues such as traffic and drainage were addressed for future development. He noted that all the facilities that Centex constructed go right up to the project and everything is sized to accept that project. He stated that he was available for questions. Joseph Minutella, 29608 Dale Court, concurred with Mr. Burnett's comments and stated his concern regarding the Scout Camp. He stated that there is a real fire safety factor until such time as there is a Fire Station located in the West End. Mayor Pape closed the public hearing at 7:26 p.m. Mayor Pape asked staff to respond to the questions that were raised by the speakers. He questioned the mitigation of the run -off from the rain and the question of the Flood Zone. Community Development Director Brady stated that he would defer the question about flood and rain mitigation to Senior Planner Morita. He responded to the question of the Scouts using the PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 27, 1998 "disturbed" area, and explained that it would require a Conditional Use Permit and approval by the City prior to any type of use, however they included the flexibility in the plan if were suggested as a possible use in the future. He stressed that before the Scouts could use the "disturbed" area as a camp they would have to come before the City for approval. Mayor Pape questioned the use of Dale Court and the traffic impact. Community Development Director Brady stated that would be part of a Conditional Use Permit process. He noted that one of the issues that were questioned, was Hillside Grading. He noted that Hillside Grading is part of the Specific Plan, under Section 3.3.2. Mayor Pape questioned the intersection of Grand Avenue and Broadway. Community Development Director Brady stated that what is being addressed at this time is the Specific Plan, and that issue would be addressed at the time of the Tentative Tract Map review. Senior Planner Morita addressed the issue of traffic mitigation. He noted that as part of the Environmental Impact Report, CEQA requires that environmental clearance be provided for the entire project. He stressed that what Community Development Director Brady has stated is correct. He explained that when the project goes through a subdivision process, staff would have the opportunity to examine the finite details of the project and determine the necessary mitigations. He commented that the Environmental Impact Report has a section on traffic impacts and a mitigation monitoring program which offers several mitigation measures to reduce traffic impact levels. City Manager Watenpaugh noted that separate from this project the City could examine traffic counts that exist now. He stated that was part of what was addressed by Mr. Burnett. Mayor Pape invited Council to address the Specific Plan. Councilman Metze stated that he saw a lot in the Specific Plan that he liked, however he does have several things that he would like to see addressed. He noted that one thing that he learned from sitting on Planning Commission is that the Specific Plan is a very important document and noted a statement on page 50, which states that "These development standards supersede all applicable City ordinances and codes ". He stated that he went through the Plan with a fine tooth comb as follows: Page 12 - Electricity is not addressed. Page 13 — "The disposal company shall provide residential trash enclosures and waste separation containers when a recycling program is developed by the company." — There is no agreement that provides for trash enclosures and this section should be deleted. City Attorney Leibold stated that the last sentence does not contribute to the document and may lead to ambiguity and confusion. PAGE SIX - CITY COUNCIL MINUTES — OCTOBER 27, 1998 Councilman Metze invited the developer to approach Council and clarify an issue if they feel that he is wrong. Councilwoman Brinley stated that the City already has a recycling program. City Attorney Leibold stated that is why this section should be deleted, since it is redundant. Councilman Alongi questioned that if this was going to be a gated community, does that allow them to establish their own trash collection. City Attorney Leibold stated that typically the gated community has certain obligations for their streets, however they do participate in City wide refuse collection services. She stated that she felt that an independent homeowners association would have the authority to independently contract or arrange for trash services. Councilman Alongi noted that in a gated community they service their own streets and this would be the first gated community in the City and he was just curious if they could. City Attorney Leibold noted that the City has a franchise agreement for trash service and she is unaware of any circumstance, however she will look into the issue. Mayor Pro Tem Kelley stated that she would like to have the following addressed: Page 18 — Neighborhood Commercial — and stated that she is opposed to Neighborhood commercial . She stated that the last thing that Council would like to see in that area is a convenience store or a strip mall. Mayor Pape concurred. He suggested that this should be deleted from the document. Kris Webber stated that they did not envision Neighborhood Commercial as being throughout the community, but rather had one area in mind, which is across from the proposed park that is adjacent to McVicker Canyon Park. Mayor Pape stated that this would not change his mind. Mayor Pro Tem Kelley stated that it does not change her mind either. Mr. Webber noted the lack of services on the West End and noted the trip that will have to be made by the development residents to get any services and this could create convenience for the residents. Mayor Pape stated that he respectfully disagrees and stated that the appropriate place to provide services is near the State Brothers Market and in that area. Councilman Metze noted that nowhere in any of the maps does it show a commercial site and this will be a big surprise to anyone that buys in that tract and will ultimately create a problem for the City. Councilwoman Brinley stated that there have been problems in the past with commercial in the residential sections of that area and it is evident that this should be deleted. Mayor Pro Tem Kelley complimented the developer on the street design. Councilman Metze addressed the following: PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 Page 28 — Section g. — should read "Fence and wall design should be coordinated with the design of structures within the development and should be consistent throughout each project in accordance with the requirements set forth in the Specific Plan, including with out limitation Sections 4.1.5, 5.2.6 and 5.3.7.3. Page 30 — Section bb. — Should read "The project's overall drainage system shall be completed and operational at the earliest practical time during construction as determined by the City Engineer. Councilwoman Brinley questioned the Mining Reclamation Plan and questioned the time that is still involved in the agreement. Mr. Webber stated that they have taken that into consideration and will be addressed at the time of construction. City Attorney Leibold stated that she has a the following should be changed: Page 40 — Section 3.4.5.1.1 b. — Should read "The parkland requirement for La Laguna has been calculated as discussed in Section 3.8.3. The exact configuration of parkland to satisfy this requirement will be handled during the subdivision process and shall be subject to approval by the Planning Commission and City Council. Councilman Metze addressed the following: Page 44 — 3.7.1, Plan Description — Delete the section "over a period of 15 years in ". City Attorney Leibold stated that the project will be developed in phases and the Development Agreement expires in 2005. She noted that the Specific Plan, as the applicable Land Use regulatory instrument would continue until later amended, if amended at all. She stated that it does not need to enforce a time restriction. Councilman Metze addressed the following: Page 50 — third paragraph, second sentence — Should read "All subsequent development plans, design review plans, subdivision maps, grading permits, building permits or any other action requiring ministerial or discretionary approval will be required to substantially comply with these development standards. Those standards that are silent and are not specifically addressed in this document or the Development Agreement will revert to the City of Lake Elsinore Zoning and/or Municipal Code in effect at the time future projects are proposed. City Attorney Leibold requested a change to the following: PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 27, 1998 Page 50 — second paragraph — These development standards supersede all applicable City ordinances and codes and during the term of the Development Agreement shall be deemed to be "the applicable law of the project ". Mayor Pape addressed the following: Page 52 — 4.1.3 c — Should read "Real estate signs, flags, future development signs, and directory signs according to City Code. Page 52 — 4. 1.1 d — Mayor Pape questioned this section and asked if the City should allow this use. City Attorney Leibold stated that there is a need for State License and there are certain restrictions. She noted that this is not something that the City can prohibit. Page 53 — 4.1.4 e — Delete this item. Page 53 — 4.1.3 h — Delete the word Signs. Councilwoman Brinley questioned the SFD Standards and stated that she would like to see the garage remain at 22', since if the Council allows the garages to be downsized people will park on the streets because of a lack of space. She stated that all of the setbacks should remain the same as the City Code calls out to avoid reduced size. She stated that if the Council allows reductions in size then they will be setting a precedent for future projects and she does not feel that this should be allowed. Mr. Webber stated that it was the applicants intent to add more variety to the street scene by altering size and noted that 17' would require a roll -up garage door and would still allow another car to be parked in the driveway. Councilwoman Brinley stated that she felt that Hunsaker and Associates could be just a creative with 22' setbacks as they can with 17'. Mr. Webber stated that the purpose of this document was because of the design standards and the difference they can make. He requested that due to their designs they would ask that no change be made. He noted the amount of open -space that they provided with this project and stated that the design allows them to provide superior design as well as causing grading issues. Councilwoman Brinley asked if the applicant was planning to build this project himself. Mr. Webber stated that he was not. Councilwoman Brinley stated that she is concerned with future developers and their concepts, which will require amendments, and can, change the entire project. She stressed her wish to insure the integrity of City Codes for the benefit of the City. Councilman Alongi asked how sure the applicant is that this development will be a gated community. Mr. Webber stated that they are not sure at all, however the wish to retain the option for a future buyer to decide if they wish to develop a gated community. Councilman Alongi stated that if it were a gated community then it would be a different situation, however if it is open to either type of development, then he concurs with Councilwoman Brinley. Page 54 — 4.1.5 — All setbacks should conform to City Code. PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 27, 1998 Councilman Metze addressed the following: Page 55 — parking — Should read " garages required ". Page 55 — 4.2 — Change 20.0 dwelling units per acre to 8 dwelling units per acre. Page 57 — 4.2.3 h — Should read garages. Page 57 — 4.2.4 c — Delete this item. Page 58 — 4.2.5 — This must conform to City Zoning Code standards with open carport deleted. Page 58 - * - Should read 6,000 square feet per City standards. Mr. Webber explained that they set a single family detached on a smaller lot because it would conform to the single family attached that would be near or adjacent to the single family detached. He gave several examples of different design standard that use cluster concepts that have smaller lots. He stated that what they are asking for is less restriction to allow them to make a less dense project without such stringent standards. He noted that this allows for an improvement of the dense section rather than total attached single family. Councilman Alongi addressed the following: Page 58 — ( * *) — This entire paragraph should be deleted. Page 57. 59. 50 - 4.2.5 - Entire Section — Conform to City Codes. Page 60 — Parking — Delete or carport. Mayor Pape commented that the project theme is very interesting. He noted that it is proposed to be Historical California theme. Councilman Metze addressed the Guard Gate. Councilwoman Brinley stated that she is opposed to a gated community since it creates a community within a community. She noted that if there is a public park within a gated community it is hard for the public to make access. Mayor Pape stated that he is neutral to a gated community, however he would have to examine the project prior to making a decision. Councilman Alongi concurred with Mayor Pape and he felt that the section addressing the guard gate should be left in to remind Council that there is the possibility of a gated community. Councilman Metze stated that it PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 would prevent Council from disallowing a gated community. Councilman Alongi disagreed because he noted that if the developer does not meet all the requirements of the Planning Department, then a gated community is out of the question. Councilman Metze noted that this is a binding document and overrides everything. Mayor Pape asked the City Attorney for her opinion. City Attorney Leibold explained that as stated it would be subject to design review, so the City through the design review process would have the opportunity to evaluate design issues. She further explained that if Council wishes to have a second opportunity to evaluate this then language could be added to read upon approval of the Planning Commission and City Council. Mayor Pro Tern Kelley stated that she is also neutral, however she feels that this project lends itself to a gated community better than any other project she has seen because of its geography. There was general discussion regard to open space and its use. Mayor Pape stated that Council agrees that they will not make an opinion regarding a gated community and it will have to come back to Council for a decision. Page 68 — 5.2.2 e — Should read "A guard gate entrance may be provided at the primary Community Gateway. The Secondary Community Gateway will utilize a controlled access via card or remote control limited entrance. Design Review will be required for both entrances as adequate sight distance, emergency access, stacking distance and landscape treatment shall be analyzed. Such gates would only be allowed in conjunction with private streets upon approval of the Planning Commission and City Council. Councilman Metze addressed the following: Page 73 — 5.2.6 c — Should read "Fencing, bracketing and posts construction shall comply with the UBC and the Lake Elsinore Municipal Code at time of construction. Page 88 — 5.3.7.3 — At the end of the paragraph it should read "with UBC and the Lake Elsinore Municipal Code at the time of construction." Mayor Pro Tern Kelley commented that the treatment for the doors and the windows that are proposed are very nice. Councilman Metze addressed the following: Page 91— 6.2.2 — The last sentence of the paragraph should read "Conditional Use Permits shall be considered by the Planning Commission." PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 Page 91 — 6.2.4 — The first sentence should read "All future development shall undergo the City's Design Review process in accordance with the City's Municipal Code at time of development. Page 92 — 6.3 — The very last of the second paragraph should read "warrant review and consideration by the Planning Commission and City Council. Councilman Metze suggested 6.3a should be deleted. Mr. Webber objected. City Attorney Leibold clarified this section and explained that changes should be done through approval of the Community Development Director. Mr. Webber stated that he would like to have some flexibility from the developers side for movement of units from one area to another. Councilman Metze stated that he would be willing to look at a small percentage, however as Section "a" is written it would allow the developer to do anything that he wants with any percentage that the developer wants. City Attorney Leibold stated that a small percentage is find, however the Council can require administrative overview. Councilman Alongi suggested that it have upon approval of the Community Development Director. City Attorney Leibold stated that the way that the section is written does not require review by the Community Development Director or the City Council. Mayor Pape suggested that they be allowed a 5% transfer. Councilman Alongi objected since he felt that this should be under review by the Community Development Director. Page 92 — 6.3 a — Should read "Transfer of dwelling units at the discretion of the Community Development Director. Page 94 — 7.1 — Delete the first two sentences. The Section should start with "Given that market demands...." City Attorney Leibold addressed the following changes: Page A -5 -1 — 5 — Should read "Developer shall be entitled to develop the property in accordance with the Development Plan, Development Parameters. Page 1 -5 -1 — 9 — The section "(15 years)" should be deleted. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO CERTIFY THE ENVIRONMENTAL EMPACT REPORT 92 -2 BY RESOLUTION NO. 98-37 AS FOLLOWS: RESOLUTION NO. 98-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE LA LAGUNA ESTATE ENVIRONMENTAL IMPACT REPORT NO. 92-2 —LA LAGUNA ESTATES PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 27, 1998 MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE LA LAGUNA ESTATES SPECIFIC PLAN NO. 92-4 WITH ALL MODIFICATIONS DISCUSSED, BASED ON FINDINGS MADE AND THE CONDITIONS OF APPROVAL AND ADOPT ORDINANCE NO. 1041 UPON FIRST READING BY TITLE ONLY AS FOLLOWS: ORDINANCE NO. 1041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, ADOPTING THE LA LAGUNA ESTATES SPECIFIC PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CONDITIONS OF APPROVAL: The Draft La Laguna Specific Plan shall be revised to incorporate any corrections and changes required by the Planning Commission and City Council. A Final La Laguna Specific Plan document shall be submitted for review and approval to the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the La Laguna Specific Plan document and any required revisions are administratively approved by the Community Development Director. 2. Future development shall comply with those standards and guidelines continued in the Lake Use Plan, Circulation Plan, Grading Plan, Recreation and Open Space Plan, Drainage Plan, Water and Sewer Plans, and Public Service Plan as presented in the La Laguna Specific Plan. 3. Those issues, standards, guidelines, etc. not addressed in the La Laguna Specific Plan or the Development Agreement will revert to the City Municipal Code and/or Zoning Code in effect at the time future projects are proposed. 4. Prior to approval of the Tentative Tract Map for each phase, the Applicant shall provide the City with a Detailed Phasing, Improvement, and Financing Plan. Said Plan shall describe all on -and off site roadway and utility improvements and public services necessary to accommodate buildout of that particular Tentative Tract Map and phase. Said Plan shall also describe PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 when the improvements and public services will be provided, how they will be maintained, and recommend feasible funding mechanisms and sources. 5. The Applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District. 6. All open space and slopes outside the public right -of -way shall be owned and maintained by either a master homeowner's association, private owners, or other methods found acceptable to the City and Applicant. 7. The applicant shall provide all project - related onsite improvements as described in the la Laguna Specific Plan. 8. Prior to issuance of building permit, the Applicant shall pay all required parkland dedication in- lieu -of fees, less any credits for land dedication or fees previously paid by the Applicant for parkland or park improvements that have been placed in the McVicker Canyon Park Site Account as stated in the La Laguna Development Agreement. 9. A conceptual Landscape Plan for the entire La Laguna site shall be provided prior to approval of the first Tentative Tract map for the project. Said Conceptual Landscape Plan shall present the overall theme and give special regard to the streetscape, fencing and walls, entry monumentation, signage and lighting. Said Conceptual Landscape Plan shall be prepared in accordance with the Design Guidelines contained in the la Laguna Specific Plan. 10. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. 11. The La Laguna Specific Plan shall be implemented in accordance with provisions and conditions contained in the La Laguna Development Agreement and Funding and Acquisition Agreement. 12. The Applicant shall implement those relevant mitigation measures identified in the Mitigation Monitoring Program adopted with the La Laguna Final Environmental Impact Report 92 -2. 13. Future Development shall comply with those mitigation measures contained in the 1997 Habitat Mitigation Plan, which has been prepared for the La Laguna Specific Plan. 14. Prior to issuance of grading permit for any future development, the Applicant shall show proof that a 404 permit and 401 Water Quality Certificate in accordance with the Clean Water Act have been acquired from PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 279 1998 the U.S. Army Corps of Engineers and Regional Water Quality Board, respectively; and Sections 1601 -1603 clearances in accordance with the California Fish and Game Code has been acquired from the California Department of Fish and Game. 15. The City's Noise Ordinance must be met during all site preparation activity. 16. The Applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 17. Prior to issuance of grading permit for any development adjacent to McVicker Canyon, a Mining Impact Mitigation Plan for future residential units shall be submitted to the City Engineer for review and approval. Upon completion of mining operations at McVicker Canyon, this condition shall no longer be required. 18. Prior to approval of each tentative tract map, the Applicant shall prepare a geotechnical report for City Engineer Approval. The geotechnical report will assess potential soil- related constraints and hazards such as slope stability, settlement, liquefaction, or related seismic impacts where determined to be appropriate by the City Engineer. The report will also include evaluation of potentially expansive soils and recommended construction procedures and/or design criteria to minimize the effects of these soils on proposed development. 19. Prior to the issuance of any grading permits, the Applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those hillside grading standards and guidelines contained in the la Laguna Specific Plan. 20. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 21. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 22. Design of the La Laguna project shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department. 23. The applicant shall ensure adequate utility service prior to occupancy. 24. The applicant shall comply with all applicable measures as specified by the City including those found in the City programs including the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 25. Prior to issuance of building permit, the Applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 26. All future development including tentative tract maps shall be consistent with the design standards and guidelines contained in the la Laguna Specific Plan. 27. All future development is subject to the City of Lake Elsinore Design Review process. 28. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 29. The applicant shall be permitted to construct smaller permanent uninhabitable structures within those areas of Rice Canyon that have been previously disturbed, subject to Conditional Use Permit approval. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Change of Parking Restriction on Mill Street in front of Railroad Canyon Elementary School - Resolution No. 98 -38. (F:112.1) City Manager Watenpaugh noted that this item was pulled at the request of the School District. He noted that about eight months ago the School District requested meetings to resolve their bus loading and pickup issues; and at that time the parking restrictions were changed. He further noted that now there has been a change in the School's administration and the situation has been reevaluated. He explained that restriping is needed for the current request and staff would concur this is the best way to handle it. He further explained that the current question is who should pay the fees for the changes and recommended that the District reimburse the City for the changes, at a cost of about $250. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 98-37 REMOVING THE PARKING PROHIBITION AND REPLACING IT BY ESTABLISHING A LOADING ZONE ON MILL STREET IN FRONT OF RAILROAD CANYON ELEMENTARY SCHOOL, WITH THE SCHOOL DISTRICT REIMBURSING THE CITY FOR THE CHANGES. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, noted that she had a snake at her front door last Saturday; and indicated that in her opinion it was specifically placed there. She noted that the Mayor has previously referred to her as a snake and inquired if he placed the snake there. She indicated that she captured the snake and reported it to the police department and wanted the public to know that this was a practice in PAGE SIXTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 Lake Elsinore. She noted a report to the Grand Jury by a local reporter in 1992 and indicated that she has no intention of leaving the area due to intimidation. CITY MANAGER COMMENTS City Attorney Leibold indicated that she had no comments and there would be no Closed Session discussion, as it would be delayed until the next regular meeting. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) Reminded everyone to vote on November 3rd. 2) Noted that he went to the Student of the Month luncheon today, which was quite an honor. He indicated that it was quite enlightening to see the variety of students receiving recognition. He stressed the number of success stories that occur with the help of the dedicated professionals at the School District. He commended the teachers and students on their work. 3) Noted the quilt which was made by the HOPE volunteers and detailed the planned raffle of the quilt. He explained that the quilt represents the history of Lake Elsinore with scenes including the Train Depot, Amy's Castle, Pioneer Lumber, City Hall, the Presbyterian Church, Old Elsinore High School, the State Park the Armory Building, the Chimes and the Barnes Real Estate building. He advised that all of the money goes directly to HOPE and noted that HOPE is almost completely serviced by senior citizens. He noted that he has purchased tickets and if he wins, he will donate the quilt to the museum. He advised that the drawing would occur at the annual dinner in November. 4) Noted that he read in the paper that the First Assembly of God Church on Grand Avenue has been doing commodities, but because they don't have enough assistance to pick up the government surplus they will no longer be able to do so. He stressed the importance of this distribution. 5) Advised that his court hearing was scheduled for tomorrow, and indicated that he would have more news at the next meeting. Mayor Pro Tern Kelley commented on the following: 1) Announced that CDBG applications would be available beginning November 10th at 5:30 at Cultural Center, and advised that interested parties could call Community Services for further information. 2) Reminded the Community that the GFI races would be returning to the City on November 7' and 81h. She noted that this is a very exciting event, which would include the Legends Bar- be -que, jet ski races and a vendor area. She encouraged community participation. PAGE SEVENTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 3) Thanked the Community for the level of participation in the Library grand reopening. She also thanked Frank Jackson for assisting with entertainment and Albertson's for the food donation. 4) Welcomed Councilmembers Brinley and Metze back to the City Council table. Councilwoman Brinley commented on the following: 1) Thanked the Community for the support, cards and letters, noting that they were the light at the end of the tunnel during her recuperation. She franked the Council for their support during surgery, thanked her family for the support and the community for the love and caring. She indicated that the community was her lifeline and kept her going. Councilman Metze commented on the following: 1) Thanked staff for their help on the La Laguna materials. Mayor Pape commented on the following: 1) Noted the opening of the new Albertson's at 8 a.m. on October 28" 2) Announced the 6th annual Benefit Dinner for HOPE at 6 p.m. on November 7`h, at the First Presbyterian Church. 3) Indicated that the public will see street striping in next couple of weeks in the evenings, as part of the City's continuing street maintenance program. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) - City of Lake Elsinore vs. All Persons (Cleveland Ridge) - Case #RIC 311942. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) - City of Lake Elsinore vs. All Persons (Meadowbrook) - Case #RIC 317305. AS ANNOUNCED BY THE CITY ATTORNEY, CLOSED SESSION DISCUSSION DID NOT OCCUR, BUT WAS CONTINUED TO THE NEXT REGULAR MEETING. ADJOURNMENT PAGE EIGHTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:05 P.M. 1 uJ v W. PAPE, MAYOR OF LAKE ELSINORE ATTEST: VICKI KA.SAD, CITY CLERK CITY OF LAKE ELSINORE fi MINUTES r REGULAR CITY COUNCILNEETING CITY OF LAKE ELSINORE ' i83 NORTH MAINSTREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 10, 1998 ....... TO ORDER ............. CALL ...................... ............................... 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 Councilman Metze. ROLL CALL PRESENT: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE Also present were: Executive Director Watenpaugh, Legal Counsel Leibold, Administrative Services Director Boone, Community Development Director Brady, City Engineer O'Donnell, Assistant to the City Manager Best, Public Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, and Deputy City Clerk Bryning. PUBLIC COMMENTS — AGENDIZED ITEMS Requests were received to address item No.'s 4 and 32 of this agenda and deferred to that discussion. CONSENT CALENDAR MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REMAINDER OF THE CONSENT CALENDAR WITH METZE ABSTAINING ON TIME "1a". 1. The following Minutes were approved: a. Regular City Council Meeting — September 22, 1998. b. Regular City Council Meeting — October 13, 1998. (F:44.4) 2. Ratified Warrant List for October 29, 1998. (F:12.3) 3. Received and filed monthly report on State C.O.P.S. Grant. (F:84.8) PAGE TWO — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 Approved Amendment to the City's Conflict of Interest Code to Revise the List of Designated Employees by Resolution No. 98 -39 as follows: RESOLUTION NO. 98-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY O F LAKE ELSINORE, CALIFORNIA, AMENDING THE CITY'S CONFLICT OF INTEREST CODE IN ORDER TO REVISE THE LIST OF DESIGNATED EMPLOYEES. (F:116.5) 31'. Second Reading — Ordinance No. 1040 — Zone Change No. 98 -4. (F:172.2) City Manager Watenpaugh gave an overview of the Zone Change and it's location. MOVED BY BRINLEY, SECONDED BY KELELY TO ADOPT ORDINANCE NO. 1040 UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1040 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE ZONING OF 6.26 GROSS ACRES ALONG FRANKLIN STREET (BANKROFT) AND CASINO DRIVE FROM R -1 (SINGLE — FAMILY RESIDENTIAL ZONING) TO C -2 (GENERAL COMMERCIAL) — ZONE CHANGE 98 -4 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE NOS: COUNCILMEMBERS: ALONGI 32. Second Reading — Ordinance No. 1041 — La Laguna Specific Plan. (17:150.2) Mayor Pape called upon the person who requested to speak. Mr. Gene Frick, 17205 Monterey Road, stated that he was unable to address this issue at the first reading and wished to state his opposition to the development because it represents "sprawl development" which have high impact on wild areas. He noted that the City would not be able to supply services, which is a continuing trend in the City of Lake PAGE THREE - CITY COUNCIL MINUTES — NOVEMBER 10, 1998 Elsinore area. He noted that he responded to the EIR in writing and stated that he should receive a written response within 10 days of the certification of the EIR. He commented that in his letter he recommended that the City should redo the EIR, since it was done in 1991 and a lot has changed since then. He further noted the inability of the City to build and staff a fire station and supply emergency response in a timely manner. He explained that an EIR must state the current circumstances, and this EIR does not. Mr. Frick stated that the development is in a high -risk fire area and according to CEQA rules this problem must be mitigated. He recommended that Council take another good hard look at this project and examine the ability of the City to provide services, especially safety and the ability to address emergency situations. Mayor Pape noted that at the last meeting, Council spent well over an hour addressing the issues stated by Mr. Frick. City Attorney Leibold noted that the final EIR does include response to comments that were received during the comment period. She explained that the EIR was certified at the last meeting by resolution and tonight the only action before the City Council is the ordinance adopting the Specific Plan. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1041 UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE LA LAGUNA ESTATES SPECIFIC PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOS: COUNCILMEMBERS: NONE ITEM PULLED FROM THE CONSENT CALENDAR 4. Capital Project Revision. (F:30.3)(X:156.2) City Manager Watenpaugh noted that this item is being presented as a housekeeping item. He indicated that this was an approved budget item and were not included in the resolution. He explained that it was PAGE FOUR — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 an oversight and that the items listed needed to be addressed to create a proper paper trail for the Auditors. He explained that on the Capital Projects list, includes all the items listed and were approved with the budget. He gave an overview of each of the projects and their funding. Chris Hyland, 15191 Wavecrest Drive, noted that when she read the paper she was shocked to see that the City had found extra money tc fund these unnecessary projects. She stated her objections to the expenditure of the funds and noted the many needs of the City. She asked where the money was found to do the listed project. She questioned the source of money to increase staff's pay. Dick Knapp, City Treasurer, questioned the use of palm trees in the median on Railroad Canyon Road. He noted the size of the median and the size of the trees. He stated that there would not be proper planting room for the palms and could present a danger because of loss of visibility. He stated that the palms will block the light from the lampposts and asked how much this project will cost. He suggested the use of low profile shrubbery. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE CAPITAL PROJECT REVISION. City Manager Watenpaugh stated that there are no secret funds and that the money for the listed Capital Improvement Projects was a budgeted item and the money cannot be used for services. He addressed the palm trees and noted that if any of the palms are too large and create a hazard, they will not be used. He noted that none of the trees that are being located will be coming from private property and a list of what trees are to be used will be provided for City Treasurer Knapp. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE. THE CITY COUNCIL MEETING RECESSED AT 7:22 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:23 P.M. PUBLIC COMMENTS — NON AGENDIZED ITEMS Beverly Mumphrey, HOPE, 16430 Monterey Street, presented a quilt to the Lake Elsinore Historical Society who won the quilt in a raffle. She noted the amount of work and effort that was invested in this quilt and thanked everyone that worked on it. The quilt was displayed which showed several historical scenes in the community. PAGE FIVE — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 Donna Morran, Lake Elsinore Historical Society, thanked H.O.P.E. for their efforts and stated that the quilt will be displayed at the Annual Lake Elsinore Historical Society Fashion Show. She thanked the City Council and staff. She expressed a special thanks to Teri Edelbrock for all her help and consideration. Chris Hyland, 15191 Wavecrest Drive, noted an article in the newspaper regarding a lawsuit against Cleveland Ridge Community of Interest and Meadowbrook. She stated that they are not opposed to growth, but rather they are opposed to being a part of the City. She stated that the $40,000 expended on the lawsuit is a waste of the taxpayer's money. She suggested that the Mayor revise his opinions and comments regarding this issue. Don Foster, 29256 Northpointe, stated that he and his wife watch every City Council Meeting to keep up with the business of the City. He stated that week after week he has watched Ms. Hyland berate the City and Council about everything. He noted the recent comments about the Lake Elsinore Lighting and Landscaping and stated that he felt that he should respond to the rest of the citizens of the City. He noted that the City is not responsible for landscaping on residential streets, however the City is responsible for the major corridors through neighborhoods which are landscaped by developers. He indicated that he and his wife feel that the City is doing a fine job and it is worth the money to keep the community beautiful. He noted the landscaping on Grand Avenue and other sites around the City. He mentioned a problem with landscaping that he called into Public Works and noted their honest response and attention to the problem. He stated his appreciation of staff and their efforts. Dick Knapp, City Treasurer, commented on the landscaping and stated that Public Works has been repairing sprinklers on Grand Avenue. He questioned the median on Collier in front of the Outlet Center. He stated that he felt that Council should address this area. He noted a low spot on Collier and the problem with collection of rain in that area. He asked that something be done with the landscaping on Collier Avenue. He stated that the property owner listed on the Closed Session is incorrect. CITY MANAGER COMMENTS 1. Commented that there will be some theme decorating on the light poles in the downtown area for the holiday season. 2. Winterfest will be held on Friday, December 4, 1998, at 5:15 p.m. which will include the tree lighting. PAGE SIX — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 3. The Christmas Boat Parade will be held on Saturday, December 5, 1998, at 5:30 p.m. Information for this event can be obtained from Community Services or Mr. Pete Dawson. CITY ATTORNEY COMMENTS She clarified that the Cleveland Ridge lawsuit is not a litigation that addresses forced annexation. She indicated that it is litigation addressing the City's Sphere of Influence. She noted that the purpose of the suit is to challenge LAFCO's decision to allow the Cleveland Ridge to be removed from the City's Sphere of Influence. She addressed the costs to date and stated that the amount of money expended to date is half of what Ms. Hyland has stated. She explained that there has been no direction from Council for long term action in connection to these cases. CITY COUNCIL COMMENTS Mayor Pro Tem Kelley commented on the following: Thanked GFI for the good j ob they did with the races. She stated that it was very exciting even though it rained on Sunday. She stated that she thought that the riders had a lot of fun. 2. Thanked Beverly Mumphrey for the dinner at HOPE and commended all the ladies of the organization for their hard work on such a beautiful quilt which they donated to the Historical Society. She encouraged everyone in the City to go to the Museum and view the quilt. 3. Indicated that during the Winterfest, the Elsinore Valley Arts Network will be sponsoring entertainment, in the Cultural Center, from 5:00 p.m. to 9:30 p.m. She noted that it will be local talent and encouraged everyone to attend. 4. Reminded the public that the City of Lake Elsinore will be getting a new 28,000 square foot Police Department which is in cooperation between the County and the City. She noted that it would be right across the street from the existing Station. Councilwoman Brinley commented on the following: Thanked Ms. Mumphrey for donating the quilt to the Historical Society and concurred with Mayor Pro Tern Kelley regarding the beauty of the quilt. PAGE SEVEN — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 2. Announced that the Historical Society will be presenting their Third Annual Fashion Show on November 13th and 14th She noted that the event would be held on Friday at 7:30 p.m. and on Saturday at 2:00 p.m. She indicated that they will be featuring fashions from the past and encouraged the community to attend. 3. Congratulated Gary Kelley and Steve Miller on their election to the Elsinore Valley Water Municipal District. She stated that City Council is looking forward to an open communication and cooperative working condition. She noted her pleasure at the outcome of the election. 4. Congratulated Ken Calvert, Bruce Thompson and Ray Haynes on their reelection. 5. Congratulated Goat Breker, GFI, who had a very successful event. She noted the amount of people who attended the races and further noted that everyone seemed to have a great time. Councilman Alongi commented on the following: 1. Noted that he was asked to make a presentation, and stated that he feels about HOPE, like Mayor Pro Tern Kelley feels about the library. He stated that one feeds the mind and the other the body. He stated that without a good nourished body a mind couldn't function properly. He stated that the people that serve HOPE show maximum dedication to the community. He further noted that all of the volunteers are retired and semi- retired and asked what they can do for their brothers and sisters. Councilman Alongi commended Ms. Mumphrey for her donation of the quilt to the Historical Museum. He stated that he would like to see one more thing added to the quilt and that is the names of the people who worked the different squares and the names of the volunteers that are working at HOPE now. He stated that it was an honor to be asked to present the wonderful quilt to the City of Lake Elsinore Historical Museum. He stated that everyone could enjoy the quilt when it is placed on display in the museum. He stated when there are people in the community who give so much, they need to be recognized. He noted that all that is seen in the newspaper is bad news, and it is important to recognize the heroes in the community as well. He thanked HOPE for inviting him to do the presentation of the quilt. He stated that he would make his comments about the Mayor later. 2. Commented on the dinner that HOPE gave at the Presbyterian Church and stated that he had a good time. PAGE EIGHT — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 3. Commended GFI for a great event. He noted that there was no trail of beer trucks around the event and he did not see people drinking. He stated that it is good to see a great organization like GFI put on an event and not see all the beer stalls. He stated that it proves that the community can have a good time without having drinking around our town. He further thanked the community for their patience they expressed throughout the events. He noted the impact on the local residents. 4. Compared the length of time for the traffic signal to be installed at Highway 74 for the school versus the signal at the new Albertson's signs. He stated that the light should be installed and the light can be moved when the Fast Food restaurant is built just as the owner of the new Arco Station at Four Corners moved the light at that location. He noted that the fact would be that the light would be up and operating rather than waiting on someone to make a decision on building. He stated that it seems that the Mayor places more important on food than the safety of the children. He noted how quickly the light went up on Casino Drive for the new Auto Dealership and still can't get a light up at Highway 74. Gave an up -date on his court trial and stated that a jury has been picked. He noted that the 60 potential jurors were asked how many voted and only 16 people raised their hand. He stated that in his opinion, other than the 16 people who raised their hand the others have no right to serve on a jury. He noted that if they don't have the interest to vote for their Country, State, County or City then they should not sit in judgment of anyone. He further stated that those that tools the time to vote and be active in the system are the people that should judge. He noted that another interesting thing about the court is that the items are allegations and in the State of California he is presumed innocent until proven otherwise. Councilman Alongi stated that it is a great honor to be in a country where we have so many rights to protect ourselves. He noted that one of the jurors that was interviewed and was dismissed, was from a country where you are guilty until proven innocent and stay in jail until you produce evidence that you are innocent; however in this country you still have your freedom until the jury renders a decision one way or the other. 6. Announced that he would not be sitting in Closed Sessions until his case is over. He noted that because of the confidentially of the cases heard by Council and not knowing what the outcome of the trial will be, he felt that he should not be in a position to have any further knowledge of the City's legal positions on any item. He stated that his decision would become effective tonight. f i PAGE NINE -CITY COUNCIL MINUTES ''NOVEMBER 10, 1998 7. He- stated,that he will ryontinue to fight in court and noted that Thursday the attorr ys will gfve their opening statements. He stated that,the judge stated that it, might take up to December 7, 1998, to conclude the case. He noted that this issue would not go away in a couple of days. He stated that he and his family has taken a lot of abuse over his court trial and because of what has occurred he is going to fight every single acquisition. He stated that the Mayor is an ignorant man to make the statements that he has made publicly, not to mention taping a conversation between himself, the Mayor and City Manager, which is a felony. He again stated that he would attend the City Council Meetings, however he would not take part in the Closed Sessions. 8. Noted that he has a tape on the Medfly and invited the public to contact him to inform themselves in regard to this serious pest. 9. Thanked Gary Macquinn, an employee of the Department of Transportation, for his letter of support. 10. Stated that the purpose of creating a Redevelopment Agency is to remove blight and encourage low to moderate income. However, the City of Indian Wells created a Redevelopment Agency and they openly discriminate against low to moderate income housing. He stated that they take the tax dollars that are derived from that area and give the money to big business to build things in the desert. He noted that is the reason why 290 occurred and why the State Senate and Assembly are attacking Redevelopment Agencies. He stated that the RDA is a good tool to accomplish goals, however its Indian Wells and other cities that are causing the actions against Redevelopment Agencies, and give them a bad name. He indicated that RDA's divert taxes and can be a very good thing, however they must be used properly. Councilman Metze commented on the following: 1. Concurred with Council regarding the donation of the quilt and thanked the Historical Society for their acceptance and willingness to share with the community. 2. Thanked Mr. Foster for his positive comments. He stated that it is refreshing to hear someone comment on things that the City has done right. He stated that other speakers complain about "A" and "B" and when they are fixed, they complain that the City did not fix "X" and "Y ". He indicated that it is a "no win" situation, however Council does their best. PAGE TEN — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 Mayor Pape commented on the following: 1. Noted that at the Historical Society Museum has buttons available which state "I Love Lake Elsinore ". He indicated that they are a one - dollar donation and encouraged everyone to purchase one. 2. Announced that this Saturday is the CAP Parade, which will be on Graham and Main Street. 3. Apologized that he missed the HOPE dinner. He stated that he did not want to pass on his flu. CLOSED SESSIONS j City Attorney Leibold announced that there would only be three Closed Session Items this evening. Which will be items A, B, and C, which are listed on the Agenda as follows: A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Lake Elsinore vs. All Persons (Cleveland Ridge) — Case No. RIC 311942. B. CONFERENCE WITH LEGAL CONSEL — ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (a) of Section 54956.9) City of Lake Elsinore vs. All Persons (Meadowbrook) — Case No. RIC 317305 C. CONFERENCE WITH REAL PROPERTY NEGOTIATIOR — Property: APN # 389 - 220 -004 — Negotiating parties: City of Lake Elsinore (Buyer) and Dillingeers' (Seller) Under negotiation: Price and terms of payment. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 7:58 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:30 P.M. WITH THE )FOLLOWING ACTION TAKEN: A. CITY ATTORNEY LEIBOLD PROVIDED STATUS REPORT. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1998 B. CITY ATTORNEY LEIBOLD PROVIDED STATUS REPORT. C. THE CITY COUNCIL GAVE DIRECTION TO THE CITY ATTORNEY WITH RESPECT TO PRICE AND TERMS. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:30 P.M. Z�4 6Y� Gr% KEVIN W. PAPE, MAYOR CITY OF LAKE ELSINORE ATTEST: ADRIA L. BRYNING, DEFUT ?Y Cl CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 8. 1998 .......................................... ............................... 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 Watenpaugh. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE Also present were: Executive Director Watenpaugh, Legal Counsel Leibold, Administrative Services Director Boone, Community Development Director Brady, City Engineer O'Donnell, Assistant to the City Manager Best, Public Services Director Sapp, Police Chief Walsh, and Deputy City Clerk Bryning. PUBLIC COMMENTS — AGENDIZED ITEMS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item No.'s 4 and 8. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REMAINDER OF THE CONSENT CALENDAR. The following Minutes were approved: a. Regular City Council Meeting — October 27, 1998 b. Regular City Council Meeting — November 10, 1998 (F:44.4) PAGE TWO — CITY COUNCIL MINUTES — DECEMBER 8, 1998 2. Ratified Warrant Lists for November 12, and November 30, 1998. (F:12.3) Received and filed the Monthly Investment Report for September 1998. (17:12.5) Rejected and referred to Claims Administrator the Claim Against the City submitted by Peter J. Fenton (CL #98 -21). (F:52.2) 6. Approved the contract with Harris & Associates for Plan Checking and authorize the City Manager to sign the contract. (17:68.1) 7. Approved the Notice of Completion by R.J. Noble Company for Mission Trail Rehabilitation Project. (F:156.2) 31. 25th Year CDBG Senior Center Application. (17:84.2)(X:144.3) City Manager Watenpaugh gave an overview of the item and explained that the City applies to the County for a portion of the CDBG Funds to help operate the Senior Citizens Center. He noted that this is not a portion of the City's local dollars, but rather county funding to offset part of the cost due to County residents that use the facility and has been supported in the past by the County Supervisor. He explained that the Office on Aging has instructed the City to request $38,000, which is $8,000 more than was requested in the past. He noted that the increase is because in the past the Office on Aging funded a part-time position at the Senior Center and they will not be continuing the funding; therefore, the City is requesting that the County pick up that portion of the budget for part-time staffing. City Manager Watenpaugh stated that it is staff s recommendation to approve the Application for the 25th Year CDBG Senior Center. Councilman Alongi asked if the increase of $8,000 would be deducted from the $50,000 that the City currently gives the Senior Center. City Manager Watenpaugh stated that it would not. He noted that the increase is being requested from the County of Riverside and the City will request $50,000 to be budgeted to the Senior Center. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE APPLICATION AND SUBMIT TO THE COUNTY OF RIVERSIDE REQUESTING CONTINUED FUNDING OF THE OPERATIONS OF THE LAKE ELSINORE SENIOR ACTIVITY CENTER THROUGH THE COUNTY'S 25TH YEAR PUBLIC SERVICE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $38,000. PAGE THREE — CITY COUNCIL MINUTES — DECEMBER 8, 1998 32. Extension of time for Tentative Tract Map No. 25171 and Tentative Tract Map No. 26459 (TMP Tuscany Oaks, Ltd.). (F:160.2) City Manager Watenpaugh gave an overview of the project and stated that staff recommends that City Council grant the last available twelve month extension of time for Tentative Tract Map No. 25171 and Tentative Tract Map No. 26459 which shall expire September 24, 1999, based on findings and conditions. MOVED BY BRINLEY, SECONDED BY METZE, AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 25171 AND TENTATIVE TRACT MAP NO. 26459, (TMP TUSCANY OAKS, LTD.) WITH THE FOLLOWING FINDINGS AND CONDITIONS. FINDINGS 1. Substantial progress toward the development of this Tract Map has taken place. 2. Conditions have been added by the Engineering and Planning Divisions to insure the development will not impact public health, safety and welfare. 3. The project as proposed and conditioned is consistent with the Goals, Policies and Objectives of the General Plan. PLANNING CONDITIONS Tentative Tract Map No. 25171 Revised and Tentative Tract Map NO. 26459 are approved subject to the approval of General Plan Amendment No. 91 -4 and Zone Change No. 91 -6. 2. Tentative Tract Map No. 25171 Revised and Tentative Tract Map No. 26459 will expire two (2) years from date of approval unless an extension of time is granted the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Signage for this subdivision shall require City Permits. 4. Prior to the recordation of any final tract map, applicant shall have entered into a school impact mitigation agreement with the school district, or prior to recordation of any final tract map the project shall have been included within the formation of CFD 91 -1 to be formed by School District at its cost, or annexed to CFD 91 -1 subsequent to its formation. City shall have considered the adequacy of the school facilities or available means of financing school facilities to meet the needs and demand of new development proposed in such tentative map to be approved. PAGE FOUR — CITE' COUNCIL MINUTES — DECEMBER 8, 1998 5. Street names within the subdivision shall be approved by the Planning Division. 6. Bicycle lanes and bus turnouts are to be provided subject to the requirements of the Community Services Director or his designee. 7. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside County Fire Department and the Planning Manager. 8. 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. 9. Trailers or mobile homes utilized during the construction phase of this project shall require a bond and be subject to approval of the Planning Manager or designee, prior to issuance of grading permit. 10. The developer shall establish a Homeowners Association prior to Final Map to manage and impose fees to maintain all slopes, common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Planning Manager or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review the CC & R's, homeowners' association documents and all documents to convey title to the Homeowners Association. 11. Subdivider shall record CC & R's for the project prohibiting on- street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof - mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Planning Manager and the City Attorney, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 12. House plotting, architectural drawings, floor plans, landscaping and fences /walls shall require Minor Design Review approval prior to issuance of building permits. The model complex must PAGE FIVE — CITY COUNCIL MINUTES — DECEMBER 8. 1998 provide off - street parking and one model must incorporate xeriscape landscaping with identifying signage. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 13. Interim and permanent erosion control measures are required. The applicant shall bond 120% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 14. 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. 15. All project mitigation measures, as specified by the adopted EIR and its mitigation monitoring program is required to be implemented into the project in accordance with the times specified in the mitigation monitoring program as amended by these Conditions of Approval. 16. A noise analysis to determine noise impacts of proposed Elsinore Ridge Road is required prior to Final Map. 17. Developer shall participate in a Mello -Roos financing District or other financing mechanism for the Railroad Canyon - Interstate 15 fire station facility. Proof of participation is required prior to Final Map. 18. Additional environmental review in accordance with the CEQA guidelines is required prior to Final Map. 19. Prior to final map an agreement between State Fish and Game and the Army Corps of Engineers for Section 1600 and 404 permits shall be obtained for impacts to the blue line watercourse and Mulefat Scrub habitat. 20. Prior to issuance of grading permits shall pay any required Stephen's Kangaroo Rat fees of the species habitat conservation program. 21. A focuses spring survey to determine sensitive plant species prior to final map is required. Future mitigation may include avoidance (site redesign), transplanting, purchase of occupied habitat, propagation programs etc..., and/or as recommended by State Fish and Game. If redesign is required it shall come back to the Planning Commission. PAGE SIX — CITY COUNCIL MINUTES — DECEMBER 8, 1998 22. A focus survey for the San Diego Horned Lizard and Orange Throated Whiptail prior to final map is required. Surveys for this species shall focus on ridge tops and canyon bottoms. Mitigation shall be that required by the California Department of Fish and Game. 23. Developer shall participate in any AB 939 City adopted ordinance for solid waste reduction. Areas shall be set aside within the tract for recycling drop off areas prior to issuance of final map. DESIGN /AESTHETIC IMPACT MITIGATION 24. Subject to a Geotechnical Report, consideration shall be given to cut slopes exceeding 2:1 slopes that minimize the number of 30 -foot benches required. All slopes shall be contour graded subject to the approval of the Community Development Manager or his designee. All down drains wherever possible shall be diagonal along the face of slopes or colored concrete shall be used. A landscaping plan that minimizes stark cuts shall, as clustered plant groupings of ground cover, shrubs and trees shall be used. The planting pallet shall be reviewed by a biologist or native plant horticulturist in conjunction with Riverside County Fire Department and the City's Landscape architect for the purpose of incorporating Riversidean Sage Scrub species. Improvements shall be installed prior to Certificate of Occupancy. 25. The parkways of Elsinore Hills Drive, Elsinore Ridge Road, East Cambern Loop and the loop street within Tract 24659 shall be landscaped in accordance with adopted City Public Right of way guidelines, and include a combination of ground cover, shrubs and trees. All street trees shall be a minimum of 24" box. Improvements shall be installed prior to Certificate of Occupancy. 26. "Prior to issuance of grading permit, the applicant shall pay required fees to the City for implementation of the Mitigation Monitoring Program." 27. All streets with reversing curves shall be separated by a tangent, length of tangent to be approved by the City Engineer. 28. The minimum horizontal radius for local streets shall be 300 feet including East Cambem Loop. 29. Eliminate "H" Street off site in Tract 26459. Make "B" and "C" Street loop streets on Tract 26459. PAGE SEVEN — CITY COUNCIL MINUTES — DECEMBER 8, 1998 30. Lots 186,187, and 188 in Tract 26459 shall be better lots. 31. Lots 171,172, 173, 174 and 175 in Tract 25171 shall be lettered lots. 32. All major manufactured slopes exceeding 30 -feet in height shall be contour graded. 33. All major manufactured slopes exceeding 30 -feet in height shall provide room for bench drains. 34. The rear property line for all lots with rear yard slopes shall be moved two feet (2') away from the top of the slope. 35. A landscape maintenance easement shall be recorded prior to Final Map for the maintenance of all large sloped areas within individual lots. The maintenance of these slopes shall be the responsibility of the HOA. The developer shall install all landscaping in common areas and in common maintenance areas. 36. All major slopes outside the right -of -way for Elsinore Hills Road shall be maintained by HOA. The City may, at its option, decide to maintain these slopes after reviewing the tract landscape plans. 37. Lot 17 and 18 on Tract 26459 shall be within the tract boundary. ENGINEERING DEPARTMENT 38. 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. 39. Dedicate underground water rights to the City (Municipal Code, Title 16, and Chapter 16.52.030). Document can be obtained from the Engineering Department. 40. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution 85 -26). 41. 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. Subject this letter prior to final map approval. PAGE EIGHT — CITY COUNCIL MINUTES — DECEMBER 8, 1998 42. Construct all off -site public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to final map approval. 43. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83 -78). 44. 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). 45. Applicant shall obtain all necessary off -site easements for off - site grading from the adjacent property owners prior to final map approval. 46. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) shall be the responsibility of the property owner or his agent. 47. Provide fire protection facilities as required in writing by Riverside County Fire Department. 48. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 49. Submit Hydrology and hydraulic study 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, subject to City Engineer approval. 50. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 51. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners with 100 -year storm flood protection. 52. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. PAGE NINE — CITY COUNCIL MINUTES — DECEMBER 8, 1998 53. Provide soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 54. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of darainage acceptance or conveyed to a drainage easement. 55. Developer shall provide No Parking and Street Sweeping Signs for streets with tract or pay a fee for installation by the City. 56. Developer shall install blue reflective pavement markers in the street at Fire hydrant locations. 57. Map shall provide for all local streets to have sixty foot (60') right -of -way with forty foot (40') curb -to -curb. Restricted local streets (cul -de -sacs) shall have fifty -foot with a three -foot (3') utility easement on each side. 58. Desirable grade for local streets is nine percent (9 %). The maximum grade of fifteen percent (15 %) should only be used because of design constraints. 59. All utilities except electrical over 12kv shall be placed underground, as approved by serving utility. 60. Grading for this subdivision shall comply with the grading objectives and guidelines established in the Lake Elsinore Municipal Code. 61. Applicant shall obtain off -site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 62. Minimum horizontal curve radius for secondary streets shall be 1,000 feet. 63. Applicant shall participate in an Assessment District for the design and construction of the Wasson Canyon Road circulation system prior to final map approval. If an Assessment District is not formed this applicant will be responsible for providing two (2) paved access roads to his tract as approved by the City Engineer. 64. Applicant shall cooperate with developers to the north and east for the design and construction of Elsinore Ridge Road connection to Camino Del Norte, Cambern and Ramsgate. PAGE TEN — CITY COUNCIL MINUTES — DECEMBER 8, 1998 65. The Geology Report submitted for the subdivision shall included: a) Identification of all faults to define potential hazards. b) Stability of man made slopes under either static or dynamic conditions. c) Differential settlement of engineered fills of significant thickness, as determined by geologist. 66. All existing utility easements through tract, which interfere with development, shall be relinquished prior to final map approval. 67. If right -of -way or easements are abandoned as part of this development, then adjacent property affected by the abandonment must still have access to public maintained right - of -ways. 68. All open space and slopes except for public parks and schools and Flood Control District facilities, outside the public right -of- way will be owned and maintained by either a homeowner's association or private property owner. 69. Developer shall contribute a pro -rata share for the design and construction for the proposed traffic circulation improvements recommended and as shown on Exhibit `S" in Traffic Study prepared by Kahn, Kain and Associate in October 1990 prior to Final Map. 70. 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. 71. If public improvements are to be constructed in phases, than a phasing plan must be approved by the City Engineer prior to building permits. 72. A National Pollutant Discharge Elimination System permit will be required of construction activity, underway or commencing after November 8, 1991, that would disturb five or more acres. The permit is to be obtained from the Regional Water Quality Control Board having jurisdiction. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Board prior to issuance of grading or building permits. PAGE ELEVEN — CITY COUNCIL MINUTES — DECEMBER 8, 1998 73. Eliminate the indication of grading to accommodate stub road, but retain the easement right on east Camber Road. 74. The owner shall provide the City with Storm Water Pollution Prevention Plan per the Regional Water Quality Control for Natural Pollutants Discharge Elimination System (NPDES) prior to issuance of grading permit. 75. Developer shall be subject to all Master Planned Drainage fees & will receive credit for all Master Planned Drainage facilities constructed. 76. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 77. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system; the wording and stencil shall be approved by the city engineer. 78. The issuance of further grading permits will require a detailed phasing plan (including the construction of the Wasson Canyon crossing) for the grading subject to approval by the City Engineer. Bonding and erosion control will be required for each Phase. 80. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections 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. 33. Final Action, If Any, concerning closed session item pursuant to Government Code Section item pursuant to Government Code Sections 54957 and 54957.6. Mayor Pape explained that this item would be discussed after Closed Session. ITEM PULLED FROM THE CONSENT CALENDAR 4. Proposed Permit - Metricom, Inc. (F:68.1) City Manager Watenpaugh explained that this is a request to attach radio mechanisms to City light standards. He explained that Metricom deals with communications. He noted that the City PAGE TWELVE — CITY COUNCIL MINUTES — DECEMBER 8, 1998 Attorney has reviewed the contract. He further noted the diagrams attached to the staff report that explain how the mechanism attaches to the light standard and what they look like. He explained that there is estimated revenue of $5,000 to $6,000 per year. He further explained that they have offered 20 subscriptions at 50% off the regular price for the City. City Manager Watenpaugh explained that Community Services Director Sapp has been negotiating with Metricom and if Council has questions he is available to answer. Mayor Pape asked how long the company has been in business. Community Services Director Sapp stated that he does not know exactly, however it has been for some time and their business spreads from Northern California to this area and is a well - established business. He noted that if approved, they would have services available by December of next year. Mayor Pape stated that he felt that 5% was rather a high number for saturation, however there is no risk to the City and will generate revenue. He noted that in City Hall there are some hook -ups to the Internet, and asked that instead of 20 subscriptions at half price, that they provide approximately six subscriptions at 100 %. Community Services Director Sapp stated that it is something that can be discussed with Mr. Bartoccini from Metricom. Mayor Pape stated that it would be far more beneficial to the City to have just a few at 100% than a whole lot at 50 %, since the City does not need those many. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE THE PERMIT AGREEMENT WITH METRICOM INC. AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION SUBJECT TO THE REQUEST BY THE MAYOR FOR SIX AT 100% OF THE COST BY METRICOM FOR THE NETWORK SERVICE INSTEAD OF 20 NETWORKS AT 50% OF THE COST. City Manager Watenpaugh clarified the motion and asked that if Metricom did not wish to award the six networks at 100% of the cost, then the item would be brought back before Council. Councilwoman Brinley stated that was the intent of the motion. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE. 8. Award of Contract for the Chaney Street Pavement Rehabilitation Project. (F:156.2) Councilwoman Brinley excused herself from the dais because her home is close to the project. PAGE THIRTEEN — CITY COUNCIL MINUTES — DECEMBER 8, 1998 City Manager Watenpaugh explained that one of the benefits of doing this rehabilitation is that the City will be recycling the asphalt that will be removed. He explained that the asphalt would be mixed with emulsion and spread on some of the City's dirt streets. Mayor Pape stated that the work on Chaney would start in mid January and take approximately 3 to 4 weeks to complete. He noted that the road would be accessible to the residents only. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 0 WITH BRINLEY ABSTAINING TO APPROVE THE AWARD OF CONTRACT Mayor Pape noted that Business Item No. 33 is left on the Agenda, however it is necessary to recess to Closed Session before Council can make a decision, therefore out of courtesy to the person who has requested to speak for Public Comments he will move to that item. PUBLIC COMMENTS Chris Hyland, 15191 Wavecrest Drive, thanked Community Service Director Sapp and his staff for taking rapid action in addressing the landscaping around her tract. She noted that there is still a lot that needs to be done, however she wanted to recognize the efforts that he and his department have made. She noted an article in the newspaper and stated that based on the public's first amendment right to speak at a Council Meeting to express their views on how their tax money is spent her example of speaking up and asking to have her tract addressed is the right way to approach this issue. She addressed Mr. Foster's comment in the paper that she was stupid and stated that it was a big mistake since she has more knowledge in her little finger than he has in his brain. CLOSED SESSION City Attorney Leibold announced that there was one item for Closed Session this evening which is listed on the Agenda as follows: A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION/ CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957, 54957.6) - City Manager Evaluation. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 7:15 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:18 P.M. WITH THE FOLLOWING ACTION TAKEN. PAGE FOURTEEN -CITY COUNCIL MINUTES- DECEMBER 8, 1998 CITY ATTORNEY LEIBOLD PROVIDED THE FOLLOWING ACTION BY COUNCIL FROM CLOSED SESSION: CITY COUNCIL MET IN CLOSED SESSION WITH THE CITY MANAGER PURSUANT TO THE AUTHORITY OF THE BROWN ACT ON LABOR NEGOTIATIONS AND UNDER THE BROWN ACT FINAL ACTION ON THE CONTRACT SHOULD BE TAKEN IN PUBLIC AND THAT IS THE PURPOSE OF ITEM NO. 33. SHE STATED THAT THE CITY COUNCIL HAS DIRECTED THE CITY ATTORNEY TO MAKE CERTAIN MODIFICATIONS TO REFLECT THE MUTUAL CONSENT AND AGREEMENT BETWEEN THE CITY MANAGER AND THE COUNCIL. SHE NOTED THAT AS SOON AS THE MODIFICATIONS ARE MADE AND THE AGREEMENT IS FULLY EXECUTED, IT WOULD BE A PUBLIC RECORD. SHE STATED THAT UNTIL THAT TIME IT IS A DRAFT. 33. Final Action, If any, concerning closed session item pursuant to Government Code Section 54957 and 54957.6. (F:46.1) MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONTRACT WITH THE MODIFICATIONS AS AGREED TO BY BOTH PARTIES. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:20 P.M. r VIN W. PA E, MAYOR CITY OF LAKE ELSINORE ATTEST: ADRIA L. BR NING, EPUTY ITY CLERK i CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 151998 ..............R. D....ER ....................... ..............................1 CALL TO O The Regular City Council Meeting was called to order by Mayor Pape at 11:10 a.m. PLEDGE OF ALLEGIANCE Deputy City Clerk Bryning led the Pledge of Allegiance. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, KELLEY METZE, PAPE ABSENT: COUNCILMEMBERS: ALONGI Also present were: City Manager Watenpaugh, Assistant City Manager Best, Administrative Services Director Boone, Community Development Director Brady, City Engineer O'Donnell, Community Services Director Sapp, Recreation and Tourism Manger Edelbrock, Public Works Manager Payne, Building and Safety Manager Russell and Deputy City Clerk Bryning. PUBLIC COMMENTS — AGENDIZED ITEMS None. DISCUSSION ITEM 25th Year /CDBG Allocation Study. (F:84.2) City Manager Watenpaugh explained that annually City Council has a Study Session to make a review of the requests for the Community Development Block Grant Funding. He noted that the City of Lake Elsinore is not an entitled Agency and therefore gets a portion of the funding based on population, through the County of Riverside. He stated that the City would receive $197,000 this year and of that 15% can be spent of public service programs with the balance on public works project. City Manager Watenpaugh stated that three years ago Community Services Director Sapp worked out an arrangement with the County to allow the City of Lake Elsinore to apply for the extra cap from other cities that did not utilize their funding for public service programs, allowing the City to spend $57,130 this year PAGE TWO — STUDY SESSION — DECEMBER 15, 1998 and the balance of $140,000 on public works projects. He indicated that there were six applications submitted amounting to $220,000. He explained that within the staff report there was a graph, showing what has been requested, what is suggested and what was funded in the previous year. Community Services Director Sapp indicated that Don Butenshon from HOPE and Marian Edwards from the Assistance League of Temecula Valley (Operation School Bell) were present. City Manager Watenpaugh noted that the Lake Elsinore Historical Society applied for funding, however they do not qualify under the criteria necessary for CDBG funding. Mayor Pape questioned the amount of funds for the Senior Center. He stated that at the last meeting the City requested $30,000 from the County, but he thought it was $38,000. City Manager Watenpaugh explained that in previous years the City had requested $30,000, however this year the City is requesting $38,000. Councilman Metze commented on Item 1 a, Section B and stated that he would like to see a Councilmember sitting on the Committee which will identify the specific locations in the downtown area for curbs, gutter, sidewalk construction and replacement. He explained that Council is approached by the citizens to have their areas addressed more often than staff. Community Services Director Sapp explained the location being proposed. Mayor Pape asked if there were specific sites or areas targeted and if it was for new construction or repairs. Community Services Director Sapp stated that it is for both. City Manager Watenpaugh explained that the requirement is for total replacement or new construction and the funds can not be for repair. Mayor Pape questioned Item 1 f, and asked if this was going to be for the structure abatement or general violations, compliance and structure abatement. Community Services Director Sapp indicated that this would be for structure abatement. City Manager Watenpaugh explained the amount of funds used last year and the need for this program. Councilman Metze asked how well the program is working. City Manager Watenpaugh indicated that it is very effective. Councilwoman Brinley asked how many buildings were abated this year. Building and Safety Manager Russell stated that Code Enforcement has demolished 15 units at 283 North Main Street, 2 PAGE THREE — STUDY SESSION — DECEMBER 159 1998 buildings and an out building at 801 W. Graham Street and there are four others waiting in line for funding. Councilwoman Brinley asked how many were scheduled for demolition this year. Building and Safety Manager Russell stated that he had four waiting to be demolished. Councilwoman Brinley asked if the City recoups the money spent on these demolitions. Building and Safety Manager Russell explained that it is done through a cost recovery program and is done through tax liens. City Manager Watenpaugh asked if the City has recouped any dollars. Building and Safety Manager Russell stated that the City has recovered some of the money spent. Councilwoman Brinley asked how much. Building and Safety Manager Russell indicated that The City has received $7,000 to date. City Manager Watenpaugh asked how the budget was doing for structure abatement. Building and Safety Manager Russell stated that they have been very careful so it is O.K., and they have been working from CDBG funds to facilitate more abatement. Councilman Metze asked if the funds would be sufficient for all four. Building and Safety Manager Russell stated that he does not have enough funds for all four and gave an overview of the costs. Councilwoman Brinley asked how much money the City would recoup from these abatements. Building and Safety Manager Russell indicated that the City would recoup the entire amount. He explained the recovery process for the funds and noted that the longest it would take is 5 years; and then the property would be sold through a tax lien. He indicated that the most recent properties that have been demolished have been commercial and because of their value, the property owners will pay the costs to preserve ownership. Mayor Pape asked when the money from the CDBG would be available. Community Services Director Sapp stated that the funds are available July 1st. Councilwoman Brinley stated that Operation School Bell and HOPE are deserving of assistance and noted their efforts for the community. Councilman Metze stated that he is happy that the City can increase the amount for these organizations. Mayor Pro Tern Kelley asked what percentages of the children receiving services are from the City. Ms. Edwards, Assistance League of Temecula Valley, explained that the numbers are down for the Lake Elsinore area. She further explained that they do not have exact numbers because they cannot ask for addresses in protection of privacy, however they can use zip codes. She noted the wonderful cooperation they receive from the schools. Councilwoman Brinley asked if the program still offers all new clothes. Ms. Edwards indicated that they offer the children all new clothing, which consists of 3 full outfits, a backpack and school supplies, underwear and socks, one PAGE FOUR — STUDY SESSION — DECEMBER 15,1998 sweater and one jacket per child. Councilwoman Brinley questioned the availability of a jacket if they outgrow the one that they are given. Ms. Edwards stated that they can receive clothes up to two times a year and they have never turned a child away. Councilwoman Brinley stated that she felt this was a very good program. Mayor Pro Tern Kelley stated that being a schoolteacher she has had the opportunity to see the program in action and noted what a good thing this does for the students. Mayor Pape clarified that final consideration would be presented at the first meeting in January. City Manager Watenpaugh confirmed. Pastor,Butenshon gave an overview of the functions of HOPE and explained that poverty has not diminished, but rather grown and the service level of HOPE has increased. He noted an article in the Press Enterprise for September 7, of a field poll, which showed a high number of people who live in poverty in the State of California. He further noted a study done by the schools and their findings show that 20% of the students come from homes, which live in poverty or just above the line of poverty. Pastor Butenshon stated that he is being asked all the time if the Welfare System is doing their job, and he stated that for those who are low income it does not offer much help. He stated that it is training that is most needed throughout the State, and until the State develops better job training there is going to be an ongoing probleh --with ^poverty: City Manager Watenpaugh stated that this item would be presented at the January 12, 1999 City Council Meeting as proposed. Pastor Butenshon asked what amounts would be awarded this year. Mayor Pape stated that both HOPE and Operation School Bell would be receiving $3,565, which is up from last year. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 12:09 P.M. VIN W. PAP ,MAYOR ITY OF LAKE ELSINORE AT TES ADRIA L. BRYNIN , DE U CITY OF LAKE ELSINORE