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HomeMy WebLinkAbout02-11-1997 City Council MinutesMIlViJTE5 , REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE: 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 11, 1997 *,~,~*****,~**~**~***~**~**~,~~*,~~*~~**~~~,~********~~,~,~~*,~*****~*****,~* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Kelley. INVOCATION The Invocation was provided by Pastor Fred Rodriguez, Assembly of God Church. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, City Engineer O'Donnell, Police Chief Walsh, Fire Chief Seabert and City Clerk Kasad. PRESENTATIONS a. Proclamation - Sheldon Gill. 1996 Officer of the Year. (F:127.2) Mayor Pape noted Investigator Sheldon Gill's contributions to the Gity of Lake Elsinore and read and presented the Proclamation to him. Mr. Gill commented that it is a real honor to receive ttris proclamarion and noted that he is honored to serve with other great staff in Lake Elsinore. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. l.a., 6, 21 and 32. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. l.a., 5, 6, 7 and 8. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were received and ordered filed: b. Planniug Commission Meeting - January 15, 1997. (F:60.3) c. Design Review Committee Meeting - January 15, 1997. (F:60.4) 2. Received and ordered filed the Investment Report for December, 1996. (F:12.5) 3. Ratified Warrant List for January 31, 1997. (F:12.3) 4. Approved the Fire Protection Services Agreement for Fiscal Year 1996-97. (F:68.1)(X:127:3) 9. Approved Public Hearing Date of February 25, 1997, for the following: a. General Plan Amendment 97-1 and Zone Change 96-3 'ssin~ Link Investors ID. (F:83.2)(X:172.2) A request to amend the General Plan Land Use Map (GPA 97-1) changing the land us$ classificution of two parcels from Neighborhood Commercial to General Commercial and a change of zone (ZC 96-3) changing the current zoning designation from R-1, Single-Family Residential(Hillside Planned I1is~ict) to C-2 General Commercial. The project site is, located on the east side of Camino Del Norte, approximately one half mile south of the intersection of 2nd Street.. PUBLIC HEARING 21. (F:172.2) , City Manager Molendyk explained the existing ordinances and the proposed changes including major special events, and requests such as strawberry stands for a longer period of time, on a seasonal basis. Mayor Pape opened the Public Hearing at 7:14 p.m. asking those persons interested in ttus item to speak. The fallowing pers~n spo'ke: Mariana Mohylyn, 305 W.'Sumner; noted thatt she was denied'tHe opportunity to speak at the last meeting and noted a song at the H.O.P.E. event. She stressed the importance of allowing people to express their opinions freely. She indicated that she was very much in support of the allowance for temporary use permits, and expressed an interest in allowing for the display of signs or flags on the property. She suggested that the property owners should be allowed to vote on how much it should cost and encowage the free enterprise system. Hearing no additional requests to speak, the Public Hearing was closed at 7:18 p.m. Councilman Alongi noted that on the temporary uses there is not a uniform waiting period. Community Development Director Leslie indicated that a three day event requires less review than a longer event; and that fle~ubility has been included in the proposed ordinance. He explained that it was written so as to not penalize the shorter duration, and recognize the variation in possible uses; but concurred that it would be easier if it was a uniform period. Councilman Alongi expressed concern with the impact of this variable when the staff gets busier. He indicated that staff did an excellent job in developing the proposed Ordinance, but suggested that there be an allowance for Appeals to go to the City Couneil rather than having the Planning Commission as theiast step. He stressed that the Councilmembers aze the elected officials, and should have the final word. Community Development Director Leslie indicated tflat ehange would be possible, but clarified that the Code already allows for Appeals to the City Council. Councilman Alongi reiterated that staff did a great job on tlus Ordinance. Councilwoman Brinley questioned the short term uses and the time required to process a request such a garage sale permit. Community Development Director Leslie clarified that this Ordinanee does not apply to garage sale permits, as those take about five minutes to issue. He indicated that shorter events probably take a day or two to review; ; Councilman Alongi noted that the temporary use section specifically calls out strawberries and indicated that it should allow for any Such use or other vegetables. Community Development Director Leslie concurred that it would relate to uses of that type, and not be limited to strawberries. r MOVED BY BRINLEY, SE,CONDED BY KELLEY TO ADOPT ORDINANCE NO. 1026 UP,ON FIRST READING BY TITLE ONLY WITH THE INCLUSION OF VERBIAGE TO ALLOW ~OR APPEALS TO THE CITY COUNCIL. ORDINANCE NO. 1026 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE EI,SINQ1t~, ~A~~.IFORNIA, REP~ALING THE EXISTING PAGE FOUR - CITY COIJNCIL MINUTES - FEBRiJARY 11, 1997 CHAPTER 17.98 ("TEMPORARY OUTDOOR ACTIVITIES") IN ITS ENTIRETY AND ADDING A NEW CHEIPTER 17.98 °TEMPORARY USES" (ZONE CODE AMENDMENT [ZCA] 97-2). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Traffic Signal at Dexter Avenue and Hi~way 74.(F:162.4) City Manager Molendyk explained tlus item and noted the Council's high priority placed on ttus location. He noted that approval has been received from Caltrans and detailed the Council direction with regard to funding. He fiuther noted correspondence from Dr. Long which explained why the School District could not participate. He detailed the,funding commitments at this time being $30,834 from the County of Riverside, $92,500 from Caltrans with the City funding $61,670, Mayor Pape noted that it was good news to heaz that the County approved their portion of the funding this morning. Councilman Alongi expressed concem with the position expressed by the School District, as it means taking City dollars; but stressed the need for the traffic signal. He further stressed that the School DistricY should be participating in some way. He reiterated that the City is not responsible for the location, but is stepping forward to participate; Gouncilman Metze noted that underFiscal Impact there are not funds available for maintenance, and question where that funding will come from. Mayor Pape inquired if these funds wouid be available through the LLMD. City Manager Molendyk e~lained thaYmaintenance would be approximately $15,000 a year, z:nd this would be'additionai funds required. City Engineer O'Donnell concurred that tlus would be an additional e~ense for the LLMD. City Attorney Hzrper clarified that the improvement is eligible for funding, Uut the level o~revenue will be frozen and cannot be added to the current budget. Councilman Alongi stressed the importauce'of all agencies participating in the project. Mayor Pro Tem Kelley stressed `that this is a badly needed h~affic signal ~nd expressed appreciation to Supervisor Buster for getting this pr.oject on ti~ fast track, with the City taking the lead to get it done. MOVED BY ALONGI, SECONll~DB~' I~LLEY AND CARRIED BY PAGE FIVE - CITY COUNCIL MINUTES ;' FEBRUARY 11,1997 " , ,~ : .~,. ~ ~ ~ ~ ~; : , UNANIMOUS VOTE TO EATTER AN AGR~EMENT WITH CA~,TRANS FOR REIMBURS~MENT ANDBECOME THE LEAD AGENCY FOR THE INSTALLATION OF THE TRAFFIC SIGNAL AND'AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT; APPROPRIATE $61,670 FROM TAE CITY'S AB2766 FUND FOR THE TRAFFIC SIGNAL AT HIGHWAY 74 AND DEXTER AVE~TiJE; AND AUTHORIZE THE CITY ENGINEER TO ffiRE HARTZOG & CRABILL, INC. TO DESIGN THE TRAFFIC SIGNAL AT HIGHWAY 74 & DEXTER AVENUE FOR $6,200. 32. C.D.B.G. 23rd Year Allocation. (F:84.2) City Manager Molendyk explained the C.D.B.G. Grant Program and its administration by the County of Riverside. He detailed the expected funding and the participation figures by the County. He noted that $51,978.has been requested for the Senior Center as well as requests from Non-profit organizations. He further noted that at the Study Session consideration was given to H.O.P.E. and Operation School Bell. He staYed that Community Services Director Sapp and Senior Coordinator Tate will address questions presented by Council regarding the services provided at the Senior Center. City Manager Molendyk noted the difficulty in dividing the funds every year. Community 8ervices Duector Sapp detailed the operations of the Senior Center which is open five days a week from 8:00 a.m. to 5:00 p.m. He explained,that one of the key functions of the Center is the Senior Nutrition Program as well as classes, seminars, health programs, etc. He noted that daily attendance is between 150 to 200 people. He further explained the Office on Aging funds and services. He noted that the Senior Center provides a pantry wluch is available for seniors who cannot afford to buy food at times ~ and this is provided through donations from a variety of businesses and organizations. Community Services Director Sapp pointed out that the Senior Center coordinated with the Post Office provides Care Alert wluch has already saved three lives and noted that we are the only Senior Center with ttus program in the area. He noted the social aetivities made available at the- Center wluch aze free to the seniors and are provided by other sources. City Manager Molendyk stated that the purpose of ttus overview was to answer questions raised at the Study Session. He noted the recommendation and the changes which occurred at the Study Session. He pointed out that six Non-profit Organizations requested funding and stressed staffs original recommendation. Senior Center Coordinator Tate further detailed the programs provided by the Senior Center and made special note of the Care Alert program. She explained that the Senior Center is the only large center in the area that provides full services to; the seniors. She explained that they aze continuously adding new programs and gave an overview `of the different progcams that are available to the seniors. She noted that several~ of these programs and \ '. . ~ i . . .. . . . ' .. ' PAGE' SIX - CITY COUNCIL 1ViINUTES - FEBRUARY 11, 1997 ~ activities have' been on-going for the last seven yezrs. Senior Center Coordinator Tate noted th~.t some of the most important services they provide aze information, refenal servi^Ps 2.~d cou-seling to the seniors. Mayor Pape qeestioned the Pantry Program. Se~ior Center Coordinator Tate gave an overview of the program and ea~~zined that the program is four years old and the food,is provi3ed completely ~y e'.anations. Thelma Ball, ~oted the items th~t ~~ve been donated and pieked up by volunteers such as furniture, xppliaac~s, decorarions and equipment. She detailed all of the contributions of the. clubs and individuals and noted bus tickets provided to the seniors as well as the donation of pool tables. She stated that the seniors are not free-louders and they do volunteer and spend their money for the City. She stated that all they aze asking is that the City staff, maintain and do upkeep at the Center. Mary Dawson, Crrand Avenue, stated that she is present because of what appeared in the newspaper article. She noted the allocarion of $10,0001ast year to H.O.P.E. and Kids On Track and stated that there is the impression that the City is pitting the Senior Center.against other organizations. She asked why these other organizations are not set up on the budget. She noted that cuurently;there is n,o iponey to operate and;any funds that are allowed must go to!maintenance an~ dperation with the HMO's, or volunteers providing funds for speciat~ e'vents with the volunteers obtaining donated items to enhance', the Senior Centez. She pointed out how cuts would affect the Center and cotnmended Senior~Center CoordinatorTate for her hard work and serv~ce for the seniors and noted'that volunteers could not run the Senior Center~ beGause there wquld be no proper'organization or guarantee of personneL 'She siressed~ the need not to pit;one organization against,the other and requested ~that tlie City ~lace the'other`organizarions on the budget without cuts to' theu serviCe,' Mari~ua Mohylyn, 305 W. Swnner, asked when the Senior Center became sponsored by Grant Funds.' She noted the,use for the grant funds was used for the reconshuction of the~ Senior Center and that the operation and mainfenance as she understood it was taken from the General Fund.' She indicated that C.D;B_G. Funds are suppose to go to the needy'and to:streets as well as the rehabilitation of old buildings. She noted that if isproposed to alloeate the funds for a parking lot rattier than the needy. She stated that she will be 65 years old tius year and stressed the.continued funding for the Senior Center from the General Fund. Mayor Pape commented o'n last year s County contribution and tlus year's expected reduction of abdut;~$8,000. He detailed the'intended distribution wluch would allow $2,OQ0. to H.O.P.E. and $2;000 for Operation SchooT~Bell and sW1 have enough ~ding to allow for an appropriate level of service at the 3enior Genter. He e plained that he does: not want to reduce personnel or shorten the,number'of days and felt that the Senior Center should be used to its fullest extent. , , .. . :, .,~i '.~:d . i~ ~ ~ ~, ~ j i ~ ~ -~ . ~+, ! I . PAGE SEVEN---CITY COUNCIL MINUT S~'- FEBRT7AR`Y' 11 1997 ,~ + ~' ~ ,;i i i ~r, J :.r ' i `i ' { ~ i ~ , i `~' ~~ , , ~,, ~ ,, i,!~ ~ Counc~lwoman ~rinley queshoned th,e tot~ ~qr the ~egtG~ vv~tl;~ this '`. distnbution. MayorPape stated thai i,t wo'utd come;t'o approximately $70,000 with all the support funding. Mayor Pro T~m Ke~ley commenfed that this would include the grant from the Office on Aging. Councilwoman Brinley commented that Ms. Tate does a great job and noted that her job is very compli¢ated and she does it very well. . She stressed the level of services that is provided and the amount of organization that is required to maintain the Senior Center. She recognized'Operafion School Bell and stressed that they had received no funds last year and noted the type of service that they provide to the community. She fiuther recoguized H.O.P.E, and noted the need to support their organization and pointed out the good work that they do and felt that it would be appropriate to allocate $2,000 ~er each to assist those programs, Councilman Alongi stated that there is no question about the employee, but rather the question presented here is the faet that these are Federally funded grants and are not meant to be used for one specific use. He stated that he was disappointed with the Study Session on tlus topic since he felt that they had received no clear answers in regazd to whata $10,000 reduction would - mean to the Senior Center. He further stated that every time tlris comes up, none of Council wants to face making these decisions. He recognized all of the people that volunteer their time to different organizations and noted that the Senior Center has received quite a bit of benefit from these funds, however the Council had a Study Session and agreed to fund $5,000 to H.O.P.E. and $5,000 to the School Bell Program and he wished that they could have broken it down a little bit more io assist all the programs that service Lake Elsinore. Councilman Alongi stated that taking $141,000 of these funds for the parking lot is not necessary. I~e further stated that he does not see why the parking lot cannot be just paved and stripped with half the money, and the other half be put into the City streets and sidewalks. He stressed that these are Government funds ihat are contributed to by every person in this com~nunity and tkere is a need for sidewalks for children and senior citizens to walk to school on. He stated that there are a lot of areas like that which need attention and $70,000 would go a long way to address that issue. He explained that this program does seem to make Council pit the Senior Center against HA.P.E. and School Bell and he certainly does not like to make those choices and neither does the rest of Council. He furkher noted that he went to the Senior Center to talk to the seniors about 218, because it will have a major effect on them and possibly it would be a good idea to go to the community to set a fund for the Senior Center to allow the City to release the C.D.B.G. funds for other projects. City Manager Molendyk concurred with Councilman Alongi regarding an ; assessment to give the City a revenue stream'to address the Senior Center. He noted however, that the bulk of the $196,000 that is being discussed must be used for public works projects and the Gity is limited since the funds ~~annot be used throughout the entire City and, can only be used in the target i , f ~ ~ y ~ .~ ~~ ~ ~ . ~c£ns . . ~ PAGE EIGHT - CITY COiJNCIL'MINUTES -:FEBRUARY :11, 1997 azea; or the census azea that qualifies in the income level. He noted that it restricts the City in making improvements to the immediate downtown area. He noted that due to the shrinking revenue sources the City has used the C.D.B.G. funds to supplement t:~~ funding ofthe Senior Center and in April when the budget was set it was i~d~.cated to the Senior Center Boazd that the full amount of money would be avzil :'~1W to them for the Senior Center and there was no discussion in regard to the other Non profit Organizarions. He noted that it is Council's decision ~ re~ard to the alTocation of~funds. Mayor Pro Tem Kelley clarified thzt t~vhen this issue was discussed in Study Session, the Senior Center had received $40,7841ast year and the discussion had been centered around the same amount or slightly higher and the short fall tlus year is coming from the County side. She explained that what is under consideration is making up that shortfall from the County side. She stated that she wished that they could fund all the Non-profits and it is a very tough decision to decide wluch ones get funding, because they are a11 very valuable. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO FUND THE PUBLIC WORKS PROJECT FOR SWICK/MATICH PARK IN THE AMQUNI' OF $144,556; AND FUND THE PUBLIC SERVICE PROGRAMS IPii THF AIVIOUNT OF $47,798 FOR THE SENIOR CITIZEN CENTER; $Z,000 FQ?~ H.O.P.E.; AND $2,000 FOR THE ASSISTANCE LEAGUE, OPERATION SCHOOL BELL. - 11L'1V1~,7rULL1LL.DilVlVl~I~IIEl..V1~1~7L'~1~I1'~l.Y-1LL~1rLH1( ~ ~ 1. Minutes (F;44.4) a. ' Reaular City Council Meeting - January 14,1997. Dick Knapp; City Treasurer, went over tlie January 14th agenda; with regard to page 10 of 20 and lus comments. He' indicated that he believed it should tiave read issuance fees; and noted comtnents later in the minutes. He addressed page 19 of 20 and commented bn Mr. Harper's comments on his statement. He advised that he' went through the tapes and did not say Mr. Harper was getting $400,000; but said "and lus friends".: He noted Mr. Harper's request for apology; and indicated that he did not call, because he wanted more figures. He indicated that afterhassling with the $14 million problem, misinformation and extensive questioning of Bob Boone and others, he finally does have some figuresi He i~dicated that he would provide statements to the press and there would be"no apologies. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE'TO APPROVE THE MINUTE5 OF JANUARY 14, 1997, AS PRESENTED. ' 5. Provosed Fees for Rental of DiatY ~ Resolution No. 97-5. (F:134.10) f , PAGE NINE - CITY COUNCIL MINUTES - FEBRUARY:11, 1997 Mayor Pro Tem Kelley indi~ated that she pulled this item to compliment staff on the wonderful job done on this report, with~ complete details. She noted that the fees are very reasonable and she believes we will see i'ncreased use of the facility. Councilman Metze questioned the City Attorney on Item #5 and #6. He questioned the area on the Resolutions wluch shows "Approved As to Legal Form" versus "Legal Form and Content" and asked if all of the documents should read form, legality and content. City Attorney Harper elcplained that it should read "APPROVED AS TO FORM AND LEGALTTY". He noted that content is often outside the scope of his limits. He explained that if he is not directly involved in the docu;nent, it should read "Form and Legality" only. He fiuther elcplained that those two thiugs are virtually the same and noted that tlus if the format of the resolution is correct as well as' correct under the law. Councilinan Metze asked why they state different. City Attomey Harper stated that it depends on who typed the resolution. He stated that he does not review them in advance of the Meeting, but it does depend upon the circumstance. ~-Ie noted that with routine resolutions, he does not review them in advance of recei~ing the Agenda documents. Councilinan Metze stated that he felt that "content" should be standard. City Attomey Harper noted the resolution addressing day use fees pass and residential fee; he stated that he could certify that the document is legal, but he eannot certify if the fees-stated are an-appropriate fee. Councilman Metze questioned if these fees are properly worded. City Atfomey Harper stated that yes, that is what is meant by Form and Legality. Councilman Metze asked what "Content" meant. City Attorney fIarper stated that content means that the substance of the document is correct, and that he may or maynot know that. He explained that generally in most of the resolu6ons, the substance aze withiu the laiowledge of the staff who are responsible for preparing the document. He noted that $50. Per vessel is worded fine, but he does not do the calculations to determine whether ar not $50 per year per vessel is appropriate as opposed to $55 as opposed to $45. Councilman Metze stated that is not the point that he was trying to make. Gity Attomey Harper stated that maybe content and legality for ow purposes are the same thing. He stated that what this is, is a form of semantics and that what form andlegality encompasses is what Councilman Metze means as content. Councilman Metze clarified that content and legality mean the same thing to you. City Attorney Harper confirmed. He stated that the way the fee is structured, when he signs it, it says yes you may legally assess a fee and that the form in wluch it was done it is correct. He made note of the LEAF contract which has all kinds of inter- relationslups among staff and who does what, and those kinds of things and while he reviews it for things like ambiguity;he does not review the substantive relationship. Councilman Metze noted that he has seen different verbiage on different documents, and as a standard it should read "APPROVED BY " and as the City Attorney you aze just doing it as to form, legality, and content. Gity Attorney Harper explained that his responsibility is Form, Legality, and PAGE TEN - CITY COiJNCIL MINUTES - FEBRUARY.11, 1997 , Content as Councilman Metze: defines content:and even if it said nothing there; lus signature would mean t'~at: -'. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNAPTIMOUS VOTE TO ADOPT RESOLUTION 97-5 INCLUDING ALL FEES, APPLICATIONS, RULES .~l~TD ~'~GULATIONS AS RECOMMENDED BY STAFF. ' 6. Lake Annual Use Pass Fee Review - RPsolution No. 97-6. (F:92.1)(X:64.1) City Manager Molendyk explained that this item was reviewed in the Study Session of February 4, and noted the concern wifh residents vs. non-residents from outside the City limits. E~ st~:ted that upon Council review it is staff s . recommendation to approve and p~.ss Resolution Na 97-6. Assistant City Manager Watenpa~ag'~ explained that at the Study Session the issue of comparability between the City and County resident fee versus the cost itself. He noted that a compzr.',so~ ~as made of the fees with the reduction of what the Gity resi~'er'.s are ^~tready paying. He stated that City residents support the Lake throug:~ LLNID and the General Fund. He gave an overview af the funding sources zry.3 t'sy fi~ancial obligations to the City for the Lake. ' He noted that ttus' does sot include the legal fees for pending lawsuits and the JPIA' insuran,,,e znd t~P ~epreciation on the new boat launch facility, He e~lained the compz.rison und differentiation between the two. City iVlanager Mqlendyk further c'_a_*i~ed the differentiation between the City and,Cqunty'residents cost. ' Pete Dawson;18010 Grand Aven: °, t~u~ked staff for the explanation of the fee shucture; He noted'that the rPdu,ed fee will result in an increase in pernuts and therefore the reve~•~:: F' ; ex;~res~ed con;ern regarding the inequities and noted that there ~~: •.:'_3 ~: s~:~port for t'~is change based on the e~lanation:':H~ Thanked Co~~^~~ r„-' e* .~for their ~.^~.rstanding and explanation. He explained t'awt f~.r; i:, a long road z;~ezd for the Lake and stressed the need to work toget~°r t~ ~c~ceed in`improving the lake. He stressed ttie need for:sincere effo?t z~d goad will with those across the Lake. John Seepe; Half Moon Drive, ca~imen~ed Community Services Director Sapp, Assistant City Manag~r Wz±enpaugh and Council for their effort to beneft all:the pe'rsons who use tt~.,~ Lake ~d tfianked them for all the effort that;xt took to;bring this Resol~.tioa forwzrd. ~Ie stated that he has a concern regarding a conflict regarding fines fcr th.'veibiage regarding fines which states "sailboaY' and should read "unpowered". He stressed the need to change the verbiage to 'support conformance. ~' , Codnc~lwoman Brinley questioned what; tlie fine was' if someone was caught on the Lake without'a permitl CounciLman'Metze .stated that iY is $236. Councilwoman Brinley noted that Mi~. Dawson had suggested=tltat to encowage ,those people cheating o~'the Lake'to raise, the fine. She suggested PAGE ELEVEN - CITY COUNCIL M~NUT~S - FEBRUARY~ 11, 1997 ~~I ~ ,:. . .. , ~ ~ that the fine should be addressed and increased to cover the cost if the City staff has to go to Small Claims Court to collect for processing. 5he stressed that we need to address tlus issue. ' AssistanY'City Manager Watenpaugh stated that this had bee'n addressed ~t the Study Session and it will have to be brought back at a later date because there are some things that need to be worked out with the City Attorney to allow the City to enforce and collect these fines. Councilwoman Brinley stated that she wanted to see this issue regarding fines for illegal Lake Use brought up in the future for further discussion to set a reasonable fee. Assistant City Manager Watenpaugh thanked Councilwoman Brinley for the reminder. Councilman Metze addressed Mr. Dawson's coneern regarding the difference in cost and stated that it should be presented to the people in the County that use the Lake that the assessment that the City residents pay is levied against all dwelling units in the City and not just the boaters. He pointed out that the City is still paying more. Councilinan Alongi stated thatthe $21.56 per EDU is for every property owner and he felt that because of that all persons who live in the City should be able to us.e the Lake free of charge: He quesrioned the cost of insurance on the Lake. Assistant City 1Vlanager Watenpaugh indicated that we are currently paying $80,000 for the Lake and Stadium, butthe amount will increase due to the number of claims and the required deposit on the claims. Councilmau Alongi quesfioned the cost of police for the Lake. Assistant City Manager Watenpaugh stated that the operation cost is addressed as part of the LLNID fund and cost for police is $144,000 and is paid through the revenue generated by the Lake in user fees. Councilman Alongi stcessed the need for the residents to understand what it costs to operate the Lake if there were no income, so that they can understand the exact cost to the City for ttus item. Assistant City Manager Watenpaugh noted that the costs presented are the actual amount that the residents pay to supplement the cost of the Lake. Councilman, Alongi stated that.the point he -is trying to make is how much of the user-fee is generated from the residents in the Gity and noted that there is no elctra cost to the County side. He stated that he doesn't see how the City can cut the cost of fees by 50% beeause if the revenue goes down, then the City residents will have to piek up more of the cost to operate the Lake. Councilman Alongi stated that he felt thaYthe County residents should not be reduced at all and that-it is unfair for the City residents to pay for the County residents to use the Lake. He doesn't feel that any fee should be reduced for the County until Council sees what will happen this up-coming year. He stressed that he does not agree with a reduc6on of fees for someone who is not supporting the Lake. Mayor Pro Tem Kelley commented that there were three options for the Lake fees as a result of com~nittee meetings with the City and County residents. Assistant City Manager Watenpaugh agreed. Mayor Pro Tem Kelley stressed _ that the fees have been discussed extensively and that a reduetion of fees will encourage more use of the Lake and encourage people not to cheat. She , PAGE TWELVE - CITY COUNCIL<MINUTES - FEBRUARY 11, 1997 noted that she felt that tlus was a'' ' e approach and that the Lake is in great condition. She stated that that staffhas done a wonderful job. ~ ~ ~ MOVED BY BRINLEY, SECONDE : KELLEY AND CARRIED BY A 4 TO 1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE OPTION N0. 3 WITH MODIFICATIONS AND TfIE COST OF FINES FOR LAKE CITATIONS TO BE REVIEWED BY'THE CITY ATTORNEY. 7. Assessment District 89-1 Delinauency. (F:22.3) 8. Communitv Facilities District9l-2 Delinquency. Councilman Alongi indicated that he would be voting no on both of these items. . _ _ MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1~'VITH ALONGI CASTING THE DISSENTING VOTE TO AUTHORIZE AN ADDITIONAL $30,000 LOAN FROM THE CITY'S GENERAL FUND RESERVES TO THE DEBT SERVICE FiJNDS OF AD 89-1; AND AUTHORIZE A LOAN OF $25,000 FROM HE CITY'S GENERAL FUND RESERVES TO THE DEBT SERVICE FUNDS OF CFD 91-2 TO COVER THE FINAL FORECLOSURE COSTS: THE CITY COUNCIL MEETING WAS RECESSED AT 8:34 P.M. THE CITY COUNCIL RECONVENED AT 8:35 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Edith Stafford, 54 Elm Street, indicated that in view of the fact that the City has : given the School' District the opportunity to make a presentation on elections, it would be requested thaY the City give all interested citizens the same opportunity. She nofed; a flyer from the elementary school asking children to agproach 3 or more registered"voters to vote on the bond elec6on; and stressed herright to addr~ss any topic under public comments. She fwther stressed that the District is asking young children to go door to door, and take the'absentee ballots to school with them. She indicated thabher grandchildren<will not partiyip~te in>the program, and stressed the danger for the children. She indicated that this was just another: sneaky manipulation to get what they want no matter what. She indicated that there is no opportunity for the opposition to speak: She stressed her outrage and suggested that parents not allow tl~eir children to participate. Mayor Pape suggested that she present her concems to the School Board as well. Mariana Mohylyn; 305'W. Sumner, notPd governmental practices during World War II, and noted that she ~vas not allo~ved t~ spea.k at the last meeting. She indicated that the time allott~d is insufficient for comments. She further indicated : PAGE THIRTEEN- CITY COUNCIL MINUTES - FEBRUARY 11, 1997 that it was inappropriate to have citizens removed from the podium. She commented that it was a right to monitor the actions of the Gouncil and respond the them. She suggested evaluation of the level of service provided and the ability to exercise rights. Chris Hyland, 15181 Wavecrest, indicated that the manipulation and scare tactics, as used by the City and School District, are amazingto her. She noted threats to cut police and fire and pothole patching, and indicated that she has heazd no suggestion of reducing high ranking officials salaries; such as that of City Manager Molendyk. She noted lus assistants and suggested that the Council take a hazd look at staffing. She fiuther noted that run away spending and the stadium are not being considered. She commented on the School Disirict flyer for a registration drive and noted the offer of an ice cream pariy to promote the registration drive. She indicated that the next campaign will be against the initiative; with Citizens Opposing Public Spending. Ace Vallejos, 15231 Cobre, brought it to the attention of the Council that the County charges $7,&00 per dwelling unit for school mitigation fees; and noted the City fee for schools and the total number of permits issued. He calculated that the fees were underpaid and eapressed hopes for an agreement between the County, City and School District on this matter. CITY MANAGER COMMENTS City Manager Molendyk commented on: 1) Explained that as a result of 218 aaid other lost revenue staffhas been meeting with a citizens commiitee to address revenue and expenditures. He indicated that it has been an objective group who will come to Council with a recommendation on Febniary 25th. He noted that tlus is an opportunity to come up with a financial strategy plan on financing in cooperation with the citizens committee. He noted the changing priorities for services over the next few years, and stressed that it will be left up to the Community to determine what the residents want. CITY COUNCIL COMMENTS City Attomey Harper responded to Mr. Vallejos and indicated that The City does not levy school fees, as there is a statutory fee of $1.84 per square foot. He fiuther indicated that there is an ongoing dispute between developers and the Sehool District with regard to the legal ability to assess more than the statutory amount. Mayor Pro Tem Kelley commented on the following: 1) Reminded the public of the Library inpwt meeting tomorrow night at 7 p.m. at the Cultural Genter. She stressed that they are looking for input from all ages and all areas. She indicated that the final report should ,._ PAGE FOURTEEN -. CITY 11,-1997. ' be available near the end of February. , ', 2) Thanked Chris Shaokleford fbr distcibuting information about the City at the boat show. 3) Advised that tke first FIT project which will be done on Limited and encouraged public participation. 4) Wished everyone a Happy Valentine's Day. Councilwoman Brinley commented on the following: 1) Responded to comments regarding the Council, and noted that she has only-sat on the Council for one yeaz as of December Sth. She further noted the obstacles and hurdles wluch faced the Council. She stressed that the Council knew there were financial problems and hired an e~ert to reorganize the bond pool and refinance the Stadium. She noted that the City now has three yeazs to go out and encourage economic development. She further noted that the Council hired a professional team to address the sports issue and make the Stadium something more than a wlute elephant. She stressed the importance of flexibility in the contract to allow for additional programs at the Stadium; and indicated that the Council hiredDeloitte and Touche to work it out. She stressed that the Council is making commitments to make everything work out. She fuither stressed that they have made tough cutbacks and done the layoffs. She commented that the Council hired Rod Gunn to assist with the process. She noted the newspaper coverage of the bonds before the fact, but commented that after the bonds were sold there were no articles to announce that. She stressed the efforts to stabilize the City, and expressed sorrow that there is not enough to give funds to every organization that needs assistance. She concluded by indicating that she hoped to leave her post with Lake Elsinore finances in the black, and stressed that the Council has made progress. Councilman Alongi commented on the following: 1) Noted the Study Session on CDBG funds and the collective agreement reached between the Gouncil to give the Senior Center $41,978, H.O.P.E. $5,000 and Operation School Bell $5,000. He expressed concem that the numbers zze now ~2,000 for HOPE and School Bell. He commented that the Countyreduced the furds for the Senior Center, not the City of Lake Elsinore. He indicated that it is not right to have a Study Session, if the Council is not going to abide by it. : He detailed the Staff recommendztions based on the study session, and indicated that the Senior Centerfunding is a polifical decision. He indicated that with regard to. Proposition 218, it is an important vote for PAGE FIFTEEN - CITY COUNCIL MINUTES - FEBRUARY <ll, 1997 ,. the City. He stressed that Proposition 218 is about services paying their own way, and it is possible to make it work to our advantage to afford programs. 2) Noted lus removal from Riverside Gounty Habitat Conservation Agency Board and commented on the recent:discovery of an ambrosia plant near the Outlet Center. He siressed that the proponents are very strong. He noted an interesting comment from the Mayor, that he was not sure of the impact on the Nichols Road work; and indicated that it will make a iremendous impact on the project. He also noted that with regard to someone calling us, there is no plan in the Northpeak area, as it has not yet been accepted. He stressed the importance of knowing what is happening with the Agency and the Plan, and not making decisions based on who we like. 3) Announced the loss of his long time family friend, Dexter Armstrong, and advised that there will be a Memorial on Thursday night in Wildomaz and one in Orange on Friday, He expressed hopes that people would join in to honor him, as he has done a lot for the churches in the area; and is one of the main contributorsto the First Assembly of God on Grand Avenue. He noted that he will never measure up to Mr. Armstrong's standards. Councilman Metze had no comments. Mayor Pape commented on the following: 1) Suggested that the School District televise their meetings. 2) Expressed Get Well wishes to Howard Barnes and Fred Dominguez; and noted that he spoke with Mr. Dominguez today and he is doing well. 3) Thanked Chief Walsh and Lowanna Maxwell far putting together the Cops Corner in the Sun Tribune. He noted that he called Cluef Wa1sh one day with the idea and within a week there was a uew column to run on a weekly basis. 4) Announced that the bond closing went well and redu~ed ~s~e inte-~esE rate from 9.25% to 7.15%. He noted that it was nice te, work with ~~ professional attornies; bond brokers, etc.; and they ~i3-a fi~.e;ob fo.• the City. He commented that the City is facing fina~;,ial challenge~ ~nd Council has addressed the main issue, which is step o:~e i~ sa~u~:r~~ :he problems. 5) Noted that it was positive to reduce Lake fees and hoped for an increased level of compliance and revenues. He expressed hopes that the publi~ would agree that the fees were fair and equitable. PAGE SIXTEEN - CITY COUNCIL'1VIINUTES -'FEBRUARY 11, 1997 6) Noted the article on 1Vlulti=species~ referenced by Councilman Alongi. He indicated that only part;of his comments were included, and he was not awaze of the impact at that time. He noted that he has since learned that the Ambrosia oi~t gcows in very wet areas, so it should not impact the expansion as~~osed. Ae finther indicated that ~ r -. Northpeak is working on a m~lltt=species program and have expended much energy in that area; and it is hoped that they could set aside property for everyone's benefit. ' : CLOSED SESSION a. Pending Litigation,-:Lake:Elsinore Associates - Case No. 200767. b. Potential Litigation - L.E.R.A. c. Pending Litigation - Spechum Group ~ d. Potenrial Litigation - Quantum Entertainment e. Perso~nel Matter. THE REGULAR CITY COUNCIL M~ETING ADJOURNED TO CLOSED SESSION AT 9:05 P.M. TO DISCUSS T_T?F ABOV~ LISTED ITEMS. THE CITY COUNCIL MEETING Rr~ONVENED AT 10:55 P.M. NO ACTION TAKEN. ADJOURNMENT THE REGULAR CITY COUl~?C?`L 10:55 P.M. WAS AL~JOURNED AT ~ ~Vll~l f'`.~. ??~.PE, MAYOR CITF.I Q~+ T..F_L{E ELSINORE ATTEr~: :i ~ . ~ "~I~Kl KA~:4_l;, ~ITY CLERK ~~~s ~:i' ~1F'. s,AY~'.:,' ELSINORE