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HomeMy WebLinkAbout06-09-1998 City Council MinutesMINUTES 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