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HomeMy WebLinkAbout08-11-1998 City Council MinutesMINUTES 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