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HomeMy WebLinkAbout07-09-1996 City Council MiniutesNIINUTES REGULAR CITI' COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORN~A TUESDAY, JiTLY 9, 1996 .~~**~~~x..........~*.***.*..***~*.*..*..z..x.~x..*..~~.~~**~~x.~,~~*~~,~**~.*.. CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:04 p.m. PLEDGE OF ALLEGTANCE The Pledge of Allegiance was led by Councilman Metze. INVOCATION The Invocation was provided by Pastor Frank Sandoval, representing Vineyard Christian Fellowship. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: ALONGI, BRINLEY KELLEY, METZE, PAPE NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Building & Safety Manager Russell, City Engineer O'Donnell, Public Works Manager Payne and City Clerk Kasad. 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 and 6. 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 11, 1996. (F:44.4) b. City Council Study Session - June 13, 1996. c. Regular City Council Meeting - June 25, 1996. 2. Received and ordered filed the Investment Report for May 31, 1996. (F:12.5) Ratified Warrant List for June 27, 1996. (F:12.3) PAGE TWO - CITY COUNCIL MINUTES - NLY 9,1996 5. Adopted Resolution No. 96-34 - Confirnung Placement of Weed Abatement Costs on the Property Tax Roll. (F:166.1) RESOLUTION NO. 96-34 A RESOLUTION OF THE CTfY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, CONFIItNIING AN ITEMIZED WRTTTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIIiNIING THE TTENIIZED WRTTTEN 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 CONSTTTUTE A SPECLAL ASSESSMENT AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Renewal of Letter of Credit - Bank of America - relative to Collier Avenue. (F:68.1)(X:156.2) City Attorney Harper explained the improvements required by the Department of Fish & Game, as they relate to Collier Avenue. He advised that this letter of credit will be necessary to assure the mitigation of the habitat "take" on Collier Avenue is completed. He noted that negotiations with the property owners on Collier Avenue are ongoing, to resolve take and mitigation issues; and indicated that while the letter of credit is currently required, the City may not ultimately have to do the construction. MOVED BY BRIIVLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE MAYOR AND REDEVELOPMENT AGENCY CHAIRWOMAN TO SIGN ALL NECESSARY DOCUMENTS TO COMPLETE THE AGREEMENT. 6. ~ooperation A~reement with the County of Riverside Allowin the City to Participate in 2he Community Development Block Grant Fundin~Proeram for Fiscal Years 1997-98; 1998-99 and 1999-2000. (F:84.2) Councilman Alongi requested a meeting with the County to rearrange how the funds aze distributed. He noted that in recent years, most of the funds go to the 5enior Center, and inquired whether a meeting date has been established. Community Services Director Sapp indicated that no meeting has been set up to date. Councilman Alongi requested that a meeting be set to address another way to use the funds in the fixture; and indicated that it is a shame that the uses are so limited MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COOPERATION AGREEMENT FOR FISCAL YEARS 1997-98 THROUGH 1999-2000. PUBLIC HEARINGS 21. Tentative Trac1 Map 28198 , ormerly Tentative Tract 27908) - Golden CasHe Plaza LId./[Jnitech Buildin ,~Svstems. (F:160.2) City Manager Molendyk inquired whether a representative of the developer was present. There being no representative present, he requested that this public hearing be continued for 30 days. PAGE THREE - CITY COUNCIL MINUTES - NLY 9,1996 . MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR 30 DAYS. 22. Administrative Citation Ordinance No. 1017. (F:32.4)(X:54.1) Mayor Pape noted the discussion of this item at a study session. City Manager Molendyk explained that this process is intended to be part of the Code Enforcement program. He further explained that in the past there was no ability to write citations or assess fines; and abatement took quite some time. He noted new allowance in the law for ticketing and fines, and detailed the proposed fines for each subsequent violation. He stressed that this process allows more fle~cibility to deal with the problems faster than the 90 day process of the past. Councilman Alongi inquired whether warnings would be issued before fines are assessed. City Manager Molendyk confirmed that there would be a five day courtesy notice. Building and Safety Manager Russell confirmed that there would be a minimum of 5 day notice of non-health threatening items; and staff will work with the violators to gain compliance. Mayor Pape opened the public hearing at 7:12 p.m. asking those persons interested in this item to speak. The following people spoke: Mariana Mohylyn, 305 W. Sumner, indicated that the Council has been looking for an ordinance to work against the property owners. She further indicated that the regulations are most strict in this area and expressed concern with people loosing their homes. Winifred Zieler, questioned where the abatement is for property which is in bankruptcy. She expressed concern with conditions existing adjacent to Summerhill Drive, and stressed the need to clean up the area. Mayor Pape requested that Mrs. Zieler discuss the problems with Building and Safety Manager Russell. Don Trier, Lewis Street, noted that he owns property in Country Club Heights. He further noted past weed abatement processes and his difficulty in obtaining a refund for the fees paid. He suggested that the fees are being used to pay for Walmart, the Stadium and Collier Avenue. City Attorney Harper clarified that the City is faced with a situation that to date, anyone in violation can only be addressed through the nuisance abatement process or filing a criminal complaint in the Courts. He noted that the process is difficult and costly for both sides. He explained that this is treated just like a traffic ticket and can be appealed to the municipal courts. He noted that this process encourages people to remedy public nuisances without the Court system process. Mayor Pape noted that only 2-3% of the population would ever be impacted by this ordinance. Lela Cardoza, inquired whether this process will apply to mobile home pazks, and noted specific problems within the Briarwood Mobile Home Park. She noted no one, including the park owner, cares about anything. City Attorney Hacper noted that was a good example of a situation in which this ordinance can be used. He noted a similar mobile home park situation in the past, and the ability to address thoseproblems more quickly. Mrs. Cardoza noted the owner is in another State. Mayor Pape noted that the owner may understand the cost factor for not cleaning up. He requested that Code Enforcement take a look at the park and the concerns expressed by Mrs. Cardoza. Hearing no additional requests to speak, the public hearing was closed at 7:28 p.m. Mayor Pro Tem Kelley noted that she rode with Code Enforcement and saw the sights PAGE FOUR - CITY COUNCIL. MINUTES - NLY 9,,1996 they had to visit. She noted that in the past they could only cite and return in 30 or 90 days to cite again. She indicated that she is encouraged to see this ordinance, which allows for a warning and a ticket five days later. She commented that it specifically addresses concerns such as those expressed by Mrs. Cardoza; and stressed the monetary impact on the property owners. She noted that there are several problems which move from place to place. Councilwoman Brinley indicated that it will be a swift and efficient way to handle a variety of calls the City receives regarding cars on lawns, trash cans in the street, etc. She noted the past frustration of people waiting for nuisances to be addressed, and stressed that this process give Code Enforcement the ability to issue tickets with some teeth in them. Councilman Metze indicated that this is a positive move for the Community. He noted the past process through nuisance abatement hearings and the timing to get to that due process. MOVED BY BRIlVLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1017 UPON FIIiST READING BY TITLE ONLY: ORDINANCE NO. 1017 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING THE LAKE ELSINORE MUIVICII'AL CODE BY ADDING CHAPTER 1.20„ SECTION 1.20.010 THROUGH 1.20.080, PERTAINING TO THE ADMINISTRATIVE PROCEDURES GOVERNING THE IMPOSITION, ENFORCEMENT, ADMINISTRATIVE REVIEW AND COLLECTION OF PENALTIES FOR VIOLATING PROVISIONS OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRIlVLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 23. Request for City Council Consideration of Proposed Ordinance No. 1018, Establishing Aevelopment Requirements and Fees to Benefit Habitat Conservation Efforts. (F:76.3) City Manager Molendyk explained this item which relates to the new program for the Stephens Kangaroo Rat. He noted that they feel they have adequate dollars to reduce the fees from $1950 per acre to $500. Councilman Alongi explained that this is part of an attempt to bring into confornuty all of the areas involved in the plan; instead of the varying ordinances throughout the County. He indicated that he is happy to be part of reducing those fees, and expressed hopes that they would ultimately disappear. Mayor Pape concurred that he would like to see them down to zero. Mayor Pape opened the public hearing at 7:35 p.m, asking those persons interested in this item to speak. The following person spoke: PAGE FIVE - CITY COUNCIL MINUTES- JULY 9, 1996 Mariana Mohylyn, noted that the K-Rat is a ridiculous situation. She questioned the ordinance and noted that we are purchasing habitat for the kangaroo rat; and noted that 50 cats a day are being killed at LEAF. She indicated that ne3ct the Council will be taking action on barking dogs. She suggested that locks on doors will ultimately be illegal and subject to fines. She indicated that this was a lot of "mumbo jumbo". She commented on the restrooms at the Community Center and the lack of homeless shelters and yuestioned why so much money is spent for rat protection. She indicated that she doesn't approve of this. Hearing no additional requests, the public hearing was closed at 7:40 p.m. MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1018 UPON FIRST READING BY TTTLE ONLY: ORDINANCE NO. 1018 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NO. 905 AND ESTABLISHING DEVELOPMENT REQUIREMENTS TO BENEFIT HABITAT CONSERVATION EFFORTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: ABSENT: ABSTAIN: BUSINESS ITEMS COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE 31. Second Reading - Ordinance No. 10] 6- regarding Zone Change 96-2 - Intersection of Lake Street and Oranee Grove Way. (F:172.2) MOVED BY METZE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1016 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNLA, REZONING AN AREA 50UTHWEST OF THE INTERSECTION OF LAKE STREET AND ORANGE GROVE WAY FROM C-2 GENERAL COMMERCIAL TO R-1 SINGLE-FAMILY RESIDENTIAL (ZONE CHANGE 96-2: CITY OF LAKE ELSINORE). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE PAGE SIX - CITY COUNCIL MINUTES - JULY 9, 1996 ABSTAIN: COUNCILMEMBERS: NONE 32. Public Meeting - F/I' 1996-97 City Wide Lighting and Landscape Maintenance District. (F:22.2) City Manager Molendyk explained that the Lighting and Landscape Maintenance District was established within the City limits, to pay for street lights, traffic signals, street maintenance, park maintenance, etc. He further explained that a portion of the costs are spread throughout the community; and pointed out that the figures being discussed are on an annual basis, so they would be 5 or 10 dollazs increase for the entire year. Mayor Pape noted that the Council is aware the direction was given to staffto negotiate with the baseball team and bring more balance to the cost of operations. He advised that negotiations are going well; and indicated that it will not be necessary to include any of the Diamond operation costs in the city-wide district. He noted that some of the number in the report will need to be redone by the Engineer to provide the exact numbers; but there will be essentially no change to the current L.L.M.D. charges for most people. He indicated that the public hearing on this matter will be held in two weeks and more information will be provided at that time. Jeff Cooper, representing Berryman & Heniger indicated that this is the Public Meeting as part of the approval process for fiscal year 1996-97. He explained that it is intended to provide information, with protests to be presented at the hearing on 7uly 23rd. He further explained that the Engineer's Report is similar to the formation report in 1988, with annual updates for additional improvements in street lighting, traffic signals, landscaping and recreational facilities. He explained the spread of benefit for the community, and detailed the findings of previous reports with regard to facilities and their benefits. He reiterated that it currently looks like the addition of the Stadium costs will be removed at the public hearing; but explained the Streets & Highways Code Section which allows recreational facilities to be included int he district. He explained that this year an additional site specific benefit was added being the manufactured slopes in Tuscany Hills, and noted that his recommendation is that this is a site specific benefit within that zone. He detailed the total assessments for street lighting and landscaping; and noted that the assessment methodology has not changed from the original report. Community Services Director Sapp presented the slides showing the benefits derived from the L.L.M.D., and noted that this District maintains 8 ball fields, 7 soccer fields including irrigation, trash & debris removal, maintenance of turf and facilities. He stressed the high level of maintenance of the grass and facilities and the heavy use of the parks. He detailed the other landscaped facilities which are maintained such as the Senior Centet, the Community Center and City Hall. He noted that about $18,000 is used for maintenance of the Lake and beaches. He also noted that the maintenance of 11 traffic signal intersections, street trees, street lights, graffiti program and litter removal are also included. Edith Stafford, 54 Elm Street, noted the information that the Stadium will not be included in this year's assessment and inquired whether the residents could count on none of the L.L.M.D. fees ever going to the Stadium. She suggested the potential for loopholes to allow for use of the funds and requested assurance that the funds will be used as indicated. She noted that the bridge fund was used for the Stadium, and the City went back to the State to get grant funds to build the bridge. She expressed appreciation for the bridge. She inquired how it is determined, who gets the landscaping, and noted that the only landscaping in her area is her own that she planted and maintains. She requested that her area be evaluated to make sure she is not unjustly charged for ]andscaping. She expressed appreciation that the Stadium will be dropped from the assessment. She noted that the costs of the Stadium should have been seen in the beginning. Kevin Jeffries, 17666 Grand Avenue, indicated that he was pleased to hear that the PAGE SEVEN - CITY COUNCIL MINUTES - JULY 9, 1996 ~'~ Stadium would not be included and noted that was the bulk of his written. He questioned ~ whether official action would be taken at the public hearing to remove this portion from the proposal, and indicated that his written challenge would stand until it is removed. He noted that he had presented five pages of legal challenges to the proposal, and advised that it includes specific concerns for Serena Shores development with private beaches; and being asked to fund the publicly owned beaches as well. He questioned the methodology used for public beaches when there are 19,000 parcels in the City and it would be difficult to state that all parcels enjoy the same benefit of that factor; and suggested that the report is flawed in that area. City Manager Molendyk questioned the issue of beaches, in the City or County area; and indicated that he would need to review that issue with staff. Gary Grant, representing Mr. Britton and his parcel in the North Peak area, objected to the assessment on that parcel. He expressed concern with the consideration of placing the ball diamond in the district, and compliance with the Assessment DistrictAct. He emphasized the need for 50% written protest on this issue to prevent the assessment, and stressed the magnitude of a 50% protest.. He pointed out that when a protest is presented the parcel number, name or address written wrong deems the protest inadequate. He commented that this is not a normal voting process with a locked box and publications of total votes. Dick Knapp, City Treasurer, noted that he was going to go over things, but was pleased with the good news. He addressed the proposed increase on Page 4 versus the reduced amount, and indicated that it only represents an 11.6% increase overall. He noted areas which might not be included on the map and suggested that they be reviewed. He thanked the Council for the good news that the Stadium would not be included. Donna Franson, 7 Villa Valtelena, Tuscany Hills, addressed the proposed increased _ assessment. She indicated that she was happy to hear about the deletion of the Stadium, but noted a need to cover all the bases to assure that it continues to be good news. She presented a map and explained the facilities maintained by the Homeowners Association, and noted the areas to be maintained by the City. He stressed that the azeas are along roads leading to the Elementary School and the Park. She noted the original agreement and the donations for the schooi and park, and stressed that they are for all of Lake Elsinore. She expressed understanding of the necessity for the increase, but indicated that an increase of 4 times the current amount is not acceptable. She detailed the current taxes vs. the increased taaces, and stressed the Homeowners Association fees paid for maintenance and private security. She questioned how well houses will sell with the high price of living in Lake Elsinore, and noted that she would like the City to keep growing. She requested reconsideration of the assessment. Bob Salchow, 9 Villa Valtelena, indicated that he was not present to argue about paying his fair share, but expressed concern about the cost the City pays for the services. He suggested that paying such a high rate is a sign of poor management. Hal Holland, 15610 Lake Terrace Drive, noted that he was prepared to speak on the Diamond, but questioned how it is decided which intersection has a traffic light and which does not. He noted that there have been several accidents at Grand Avenue and Macy Street and expressed concern for the large number of children int he azea. He addressed the original adoption of the L.L.M.D. and the reduced charges for persons over 65 at that time. He suggested that it should be standardized to allow all of those who are 65 to receive the reduction. 7ohn Empson, 32825 Macy, noted that he has been watching the Council juggle figures, and is more confused than before. Chris Hyland, 15191 Wavecrest, noted that she has been against the L.L.M.D. for years, and indicated that she pays the highest fees in the City unless Tuscany Hills gets charged. PAGE EIGHT - CITY COUNCIL MINUTES - NLY 9, 1996 She indicated that she doesn't believe that there will be no charge for the Stadium, and noted news articles of this date. She questioned where the City will get the money otherwise and noted that the team has not paid its rent. She suggested that the Council is only stalling and making people think they will not be charged. She commented that the City is broke, and suggested that there is a need for a new City Manager and City Attorney and the Council should resign. She noted that she has been called a tenorist and a lunatic and indicated that the Council is trying to fool the residents. She indicated that the residents should have a contract as there is not money and suggested that the Eastlake "scam" will cause furthec Winifred Zieler, 31662 Wiilow View Drive, concurred with all of the protests already voiced. She indicated that the more assessment, the more she owes on her property; and indicated that liens are already being placed on houses within her tract. She indicated that her azea has no lighting, landscaping or facilities for children. She noted that some residents have already left their homes due to fraud by the developer. She expressed confusion with the taxes assessed on her property and noted that it took a year to obtain all of the paperwork. Jeanie Corral, 16410 W. Lakeshore, congratulated the Council, if a solution has been ; found for the Stadi,_ um. She noted that many people are very upset about the L.L.M.D. ~ including her husband who is adamant that he did not get to vote on the Stadium. She indicated that she appreciates the growth of the Community , but cautioned the Council to remember what serves all the community is prudence. She noted the growth patterns of the community since the 1980 floods, and stressed that the times have changed and the community is in a state of transition. She indicated that as a property owner she is willing to pay a reasonable assessment because she is proud of the community. She concurred that there are problems with gangs, guns and drugs, but looked forward to an amenable and workable solution for the Community. Robert DuPre, 22386 River Road, Perris, indicated that he came to protest the L.L.M.D. funds being used for the Stadium, and commented he was happy to hear it has been `I removed from the report. IIe further indicated that the taxpayers have had enough burden ~ for basic services, but the L.L.M.D. is excessive. He suggested with regard to the Stadium, if it can't be sold, it should go back to the bank. Mayor Pape noted a letter of opposition from the Novacs. Councilwoman Brinley requested Mr. Cooper to add~ess the comments by Donna Franson regarding the Tuscany Hills assessment. Mr. Cooper indicated that the costs are supplied by staffthrough their process of deternuning cost per square foot. He addressed the inclusion of the slopes in the City- wide assessment, but stressed that the benefit is site specific. Councilwoman Brinley noted that they were told that Summerhill is not a main arterial. Mr. Cooper concurred that was part of the answer, he compared this to the slopes at Grand/Lincoln which provide support to the major arterial, while the slopes in Tuscany Hills are not support for the road itself. He noted that the road is included as a potentially major arterial in the future; and when the road becomes more frequently used, it can be revisited. Councilwoman Brinley questioned the legal option of spreading the assessment City-wide. Mr. Harper echoed the comments of Mr. Cooper and indicated that based on the statute, they could only be imposed based on the analysis of benefit. Mr. Cooper further indicated that to put these charges in the City-wide spread would not be consistent with the report in e~stence since 1988. Councilwoman Briniey inquired whether there was a way to legally amend that. Mr. Harper indicated that it is not a legal issue, but a question of benefit analysis which has not changed since 1988. He noted that the City encouraged the developer to include those as part of the Homeowners' Association area, as it was never PAGE NINE - CITY COUNCIL MINUTES - NLY 9, 1996 the City's position that there was any broader benefit for the Community. He further noted that the developer concurred and did not want to assume the liability. Councilwoman Brinley inquired with the report confornung since 1988, whether there was legally a way to review the situation now. Mr. Hatper indicated that it is possible and Mr. Cooper has done so, and deternuned that the benefit is orily to that zone. Mrs. Brinley noted Mr. Salchow's comments and questioned when the contract with Excel Landscape is up. Mr. Molendyk indicated that it is an annual contract. He also noted a meeting with the Board of Tuscany Hiils, and stressed that the City does not own the slopes in question, but rather holds an easement across that property; and would be willing to sign an easement back to the Homeowners Association. Mayor Pro Tem Kelley stressed that the options are that the City gives the property back to the homeowners, or if the City maintains it, we need to assess the costs which cannot be spread city-wide. She indicated that she would like to give it back to the residents and let them bid it out; and stressed that it has to be maintained within limited options. Mrs. Brinley commented on the bid process the City is required to follow. City Manager Molendyk noted that a portion of the cost the City must fund is to meet the insurance requirements with which a public entity must comply. Public Works Manager Payne indicated that the current annual contract is renewable for up to five years, and there are currently three years. He detailed the area maintained and the annual cost to the City. Mrs. Brinley questioned whether bids were received for this contract. Mr. Payne indicated that there were apprwcimately 12 bids received with Excel being the lowest. Councilwoman Brinley stressed the difficulty of this decision, and indicated that she would have no problem if the homeowners association would like to review their alternatives and take it back; but stressed that it needs to be maintained. City Attorney Harper addressed the comments by Mrs. Ziegier with regard to Summerhiil and indicated that the responsibility of maintenance is with the property owner. He noted that the property being discussed is under foreclosure proceedings due to non-payment of fees by the developer; and expressed hope that it would be resolved soon and the property developed in the future. Mayor Pape commented that this topic is really down to three issues, being 1) the city- wide district, essentially no change year, 2) $5-8 dollars a month worth the street lights and parks per month, and 3) Tuscany hills, unfortunately needs to look at options and remember that these charges are not legal to spread over the entire City. He indicated that it is no surprise that private industry can function cheaper than government; and reiterated that it might be worth while for the homeowners to look at the option of providing the maintenance at a lower cost. Councilman Metze requested that Mr. Molendyk explain the trafHc light issues. City Manager Molendyk explained that the placement of traffic lights is based on the master plan for traffic and records of accidents at specified locations, He explained that traffic signals aze generally funded through State and Federal grant funds. He further explained that with regard to the Macy/Grand, it is a Caltrans issue; and offered to get an update on where they are. He noted that the next priorities for Caltrans are the intersections of Ortega/Grand and Lincoln/Riverside drive. He fuRher noted that a grant has been applied for at the intersections of Collier/Central and CentraURiverside. City Attomey Harper confirmed that the City has no legal ability to put a signal on a State highway. Councilman Metze inquired whether the Tuscany Hilis Homeowners Association has been offered the opportunity to do their own landscaping. Mr. Molendyk indicated that it was considered at meeting with staff, but staff heazd that the Association did not want to take on the responsibility. Councilman Metze noted that the L.L.M.D. is the only ta~c on the bill assessed by the City; and clarified that the Mello-Roos and C.F.D. assessments are between the developer and the homeowner. City Attorney Harper clarified that the C.F.D. is imposed on the property by the property owner for public facilities, with the City PAGE TEN - CITY COUNCIL MINUTES - NLY 9, 1996 having no say except to serve as a conduit.. He explained the statute, the formation and the intent of C.F.D.'s. Councilwoman Brinley questioned whether these assessments are disclosed to the homeowner. Mr. Harper confirmed that disclosure is required by statute and the City. Councilman Metze addressed Mrs. Hyland's comments, and stressed that this Council never voted on the Stadium. Mayor Pro Tem Kelley indicated that she would reserve most of her comments for the next hearing; and commented that this Council does not enjoy passing on taxes, as they also pass them on to themselves. She commented that much work has gone in to finding a solution for Tuscany Hills and the Stadium to resolve the issues permanently. She stressed that this Council did not vote on the Stadium; and they have been trying hard to keep the Stadium out of the assessment district. She further stressed that this Council is trying to clean up the problems that were left to them, and this is not an issue of Council against the residents. She indicated that if Tuscany has a better solution it can be reviewed, but there are very few options. She further indicated that she would listen to any solutions for addressing the budget. Councilman Alongi commented that he has always been against assessments because they aze an abuse of power. He suggested that the City stop before building parks, and deternune what we need. He noted that this district started because people wanted street lights, and it was not intended for this to happen. He commented that with regard to Tuscany Hills, the City is at a disadvantage, due to the bid process. He concurred that government pays more than the private sector for everything. He indicated with regard to the ball field, it is costing the City $3 million a year. He reiterated that Council is trying to negotiate with the team and get more money. He suggested that the Community should take more interest when a Mello-Roos assessment is mentioned, as it is a bad deal for the home buyers. He indicated that the City is entangled in the assessment districts, and it is a bad deal. He fixrther indicated that the City needs to cut back on the parks and deternune whether they are necessary. He commented that it is not staffs fault, but the people who are elected to sit on the Council and abuse the power. He indicated that the political arena runs the City, and that is not good business or development. Mayor Pape noted the packet provided and detailed the acreage of parks, streetscapes, lake and levee area, street lights, road frontages, parks, etc. He further noted that there are 21 zones in the City which vary somewhat, but generally the services run $5 to $8 a month. He concurred with most of the comments of the evening and stressed the inherited nature of the problems. He stressed that there is very little change in the assessment for most people. He addressed Meilo-Roos and noted the disclosure which is signed at the time of purchase of the property; and is a private issue between the home buyers and the developers. Mayor Pape questioned the issue of someone turning 65 in the last few years, and requested that Staff review this issue. He noted discussion with homeowners in Tuscany Hills and concurred that the taacpayers haue enough burden. He commented on the impact of State and Federal governments, where there is no choice for the taxpayers. He stressed that this is an opportunity to decide if the expenditures aze worthwhile. City Manager Molendyk commented on the staf~'report and pointed out that the report shows the big increase was to be an increase of $13.24 a year for the Stadium. He reiterated that there are 21 zones and detailed the annual assessment increases by zone; recognizing that Tuscany Hilis is a unique situation.. He expressed a willingness to discuss the issue further with the homeowners group. THE CITY COUNCIL MEETING WAS RECESSED AT 9:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:09 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Edith Stafford, 54 Elm Street, addressed the notice of public hearing and public meeting, and PAGE ELEVEN - CITY COUNCIL NIINUTES - NLY 9, 1996 questioned the terminology. She suggested that the Council should be more fair in explaining things. She requested further clarification of a Mello-Roos District and the City's involvement. City Attorney Harper explained that a Mello-Roos District is formed upon petition by the property owner who asks the City to act as the conduit for the financing. He stressed that the process is set by statute. Mrs. Stafford indicated that the Council needs to be more truthful with the residents. Chris Hyland, 15191 Wavecrest, addressed Councilman Metze on his use of words. She indicated that four Councilmembers supported the Stadium whether they voted or not. She told the residents not to be alarmed about the fee assessments and indicated that the Jarvis bill will roll Rj them back. She addressed Nancy Palo who called her a lunatic in the newspaper, because she would vote against the bond money going to schools; and noted that this person has been living with CouncIlperson Kelley and appears to be advised on what to say. She indicated that she has paid for her children and grandchildren in schools, and she will continue to vote against the school bond measure. She commented that she is not a lunatic or a terrorist. She thanked Councilman Metze for his comments. Winifred Zieler, 31662 Willow View Drive., commented that the Mello-Roos was the only thing she signed for, but there are several other fees and assessments on her t~ bill. She indicated that there is no disclosure in City Hall and commented that she will continue to investigate and expose the corruption. She noted the fees and indicated that she can not find out when or why they were placed on her bill. . She noted that she never went through an escrow, has never signed escrow papers; and questioned if the deed is intact. City Attorney Harper indicated that the City is not responsible for such a situation, but if copies are provided to him he will review and comment on his own at not wst to the City or Mrs. Zieler. CITY MANAGER COMMENTS City Manager Molendyk thanked staf~' and the Chamber for the July 4th events; and expressed appreciation for the efforts. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) Thanked all involved in the July 4th celebration, and noted that it was a great event.. 2) Expressed concern about the changed bus stop at the Alamo Market and indicated that he received no information that it would be moved. He questioned whether the RTA has a right to change the stop without notifying the City. He noted that this one is blocking the intersection and causing a safety hazard, and requested a report from staf~: 3) Commented on the L.L.M.D. in redevelopment areas, and indicated that he would like to see it mandatory that they are maintained and if not, the City should step in, on the publicly owned lands. He suggested that even on the private lands, the City should be entitled to have them maintain the landscaping appropriately. 4) Addressed the Kids on Track Program and advised that it will be canceled as of 7uly 26th. He noted that it is sometimes necessary to have assessments and the residents need to trust officials that they will not abuse them. He requested a report on Kids on Track as to what the program costs. He indicated that he will put his program back on television to see if he can draw funds for the program to keep kids away from gangs and off the streets. PAGE TWELVE - CITY COUNCIL MINUTES - NLY 9, 1996 5) Addressed the news in the Californian and requested a meeting with Sheriff Smith to change the name of the station in Lake Elsinore. He noted the bad impact of reporting, and stressed that only 3 of 11 deaths were in the City. He indicated that John Hall knows better and stressed the need for a different name for the Station. 6) Addressed a letter regarding handicap facilities at the July 4th event. He stressed the need to assure that there is convenient parking.. He also noted a card received regarding the shopping mall at the TeePee Ranch, and stressed that even if the centers are empty they still allow for collection of tax dollars. Addressed a letter from Lilah Knight regarding the assessments and the ball field. Noted that he agrees with Mr. Jeffries, but the sewer fees are high also. Noted letter from the Novac's. 7) Noted that he never agreed to the ball field and never voted once. He indicated that he did not appreciate the reference to "City Officials", because he told the public and they didn't listen. Councilman Metze commented on the following: 1) Congratulated the Chamber and City staff on the successful 7uly 4th event. Thanked the D.B.A. for their participation and the City Attorney for the race car. 2) Noted that Pro Marine is presenting sunset cruises on Monday evenings for free, and commented that he has heard good feedback. 3) Expressed confusion with the stance on L.L.M.D. funding, and noted the loss of funds taken by the State. He indicated that the 7arvis initiative is aimed at the cities and questioned why no one says anything to the State. He stressed that the State will continue to take funds from the cities and the services will need to be reduced. Mayor Pro Tem Kelley commented on the following: 1) Thanked City staf~'for their efforts on the 4th of 7uly and the long hours; and thanked City Attorney Harper for the race car, but noted it was too slow. 2) Thanked Mr. Holland for the poem received. 3) Noted a letter from ERM regarding the July 4th events; and commented that it is unusual to get a nice letter. 4) Indicated that she will still try to address the concerns of Tuscany residents. Councilwoman Brinley commented on the following: 1) Thanked the Chamber for the July 4th race, and noted that everyone enjoyed it. Thanked City staff for the time and effort to make it a success. 2) Noted the program at the First Assembly of God presented as a salute to the Country; and commented that there was a packed audience both nights. 3) Addressed the Kids on Track program and indicated that it is very important to her arid she worked hard on the committee. She noted the seed money provided, PAGE THII2TEEN - CITY COUNCIL MINUTES - JULY 9,1996 the committee who participated to try to make the program work and the staff effort, but stressed that for some reason it did not work out. She detailed the efforts by the Corrunittee to make it work, and presented a report of the activities and events in which she participated. She thanked the businesses who presented checks to support the program, but noted that it was just not enough to maintain the program. She stressed the good that the program does, and indicated if there is an organization who would like to do it, she would support them. She thanked the committee for their hours, and commended them for doing the best possible. She also thanked stafFfor their assistance. 4) Thanked Jeanie Corral for her comments on the community, and concumed that times are changing and the City is growing. She noted comments heard while on the Planning Commission, and stressed the good things growth has brought to the Community. She stressed the importance of working together to build the future. 5) Noted that she supports the Stadium and stressed the positive things it has brought to the Community. She further noted that as a Planning Commissioner, the stadium was never before them; but now the Council is trying to work out a resolution to the problems they inherited. She concurred that Councilman Alongi voted against the Stadium, but stressed that they are all trying to solve the problems. 6) Commented on Mello-Roos and concurred that there are some legal issues. She thanked City Attorney Harper for his efforts to assist Mrs. Ziegler. She stressed that Mello-Roos is an option for the developers. 7) Indicated that she was glad to see the support for the 4th of July events, and rioted that there were between 4,00 and 6,000 people out that day, and the downtown businesses did well. 8) Addressed Mrs. Franson & Mr. Salchow and stressed that the Coizncil has wo.3ced hard to address their concerns and is still willing to address them furthe: tc attempt to work out a compromise. Mayor Pape commented on the following: 1) Concurred that July 4th went well and everyone had a fun time. He noted the time invested to put it all together, and commented that the event went well. 2) Noted traffic signal site selection, and indicated that the newest signals were studied by Engineers and determined appropriate for placement, based on safety concerns. He further noted that they were State funded. He indicated that the next one will be at Grand/Ortega on the State highway, and staff is looking at some near the Outlet Center, due to the traffic. He stressed that the City can encourage installation, but the projects are up to the State. 3) Concurred with regard to the police station name change suggestion, and stressed the stigma it creates. 4) Tipped the hat and gave kudos to deputies at the Lake Elsinore Station who received a letter of commendation from the District Attorney's office as part of the Safe Streets program. He indicated that people have been arrested and one is going to the Youth authority and two to long term rehabilitation. He thanked Deputy McCrae and Willie Turner for their perseverance to follow-thru and gather the information and prosecute to the fullest eartent. He stressed that the system did work, but it takes involvement of the residents and officers. PAGE FOURTEEN - CITY COUNCIL MINUTES - NLY 9, 1996 Leroy Tucker, 3232 Cherry Blossom, requested an opportunity to speak. He noted that he voted for each of the Councilmembers, but heard the bad mouthing about the ball park. He suggested that they leave the bickering in the back room. He noted that he is happy with the ball pazk, but knew that it would not be free. He suggested that people never believe what you read in the ~ newspaper, and suggested that the Council review the tapes to see what the meeting looks like. He questioned the planning and decision making by the City and stressed the need to find solutions. CLOSED SESSION None. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS AD70URNED AT 9:50 P.M. Gf~ VIN W. PAPE, MAYOR CITY OF LAKE ELSINORE AT'Ci S1': ~, / ~J ~_ ~ -~ `/ i r 's .",KI KA.:.~~i'; CITY CLERK CirY QF Lf~KE ELSINORE