HomeMy WebLinkAbout07-23-1996 City Council MinutesMINUTES_..
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NLY 23, 1996 - 7:00 P.M.
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Pape at 7:05 p.m.
PLEDGE OF ALLEGiANCE
The Pledge of Allegiance was led by City Manager Molendyk.
1NVOCATION
None.
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 5ervices Director Boone, Community Development Director Leslie,
Community Services Director Sapp, City Engineer O'Donnell, Recreation & Tourism Manager
Edelbrock and City Clerk Kasad.
PUBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address the following items and deferred to those discussions:
Item Nos. 8, 21, 31, 32 and 33.
CONSENT CALENDAR TTEMS
The following items were pulled from the Consent Calendar for further discussion and
consideration:
Item Nos. 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.
1. The following Minutes were approved:
a. Special City Council Meeting - 7uly 2, 1996.
b. Regular City Council Meeting - July 9, 1996. (F:44.4)
The following Minutes were received and ordered filed:
c. Planning Commission Meeting - June 5, 1996.(F:603)
d. Planning Commission Meeting - June 19, 1996.
PAGE TWO - CITY COUNCIL MINUTES - NLY 23, 1996
e. Plantung Comtnission Meeting - 7uly 3, 1996.
f. Design Review Committee - 7une 5, 1996. (F:60.4)
g. Design Review Committee - 7une 19, 1996.
h. Design Review Committee - June 26, 1996.
I. Design Review Committee - July 3, 1996.
2. Ratified Warrant List for July 15, 1996. (F:123)
Approved Agreement for High School Use of Diamond Stadium. (F:68.1)
4. Approved Change Order No. 1 relating to Traffic Signals and Safety Lighting Machado
Street/Lincoln Street and Lakeshore Drive/Chaney Street.(F:162.4)
9. Adopted Resolution No. 96-47 relating to March Air Force Base.
RESOLUTION NO. 96-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, SUPPORTING THE RELOCATION OF MARINES
TO MARCH AIIt FORCE BASE.
TTEMS PULLED FROM THE CONSENT CALENDAR
5. Resolution Confirmine Placement of Nuisance Abatement Costs on Property Tax Rolls -
Resolution No. 96-35. (F:32.4)
Councilman Alongi indicated that he would be abstaining from vote on this item.
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO
- 0 WITH ALONGI ABSTAINING TO ADOPT RESOLUTION NO. 96-35.
RESOLUTION NO. 96-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT
SHOWING COST OF NUISANCE ABATEMENT, CONFIItMING THE
ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND
REQUIItED 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 AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION
39574 OF GOVERNMENT CODE OF THE STATE OF CALIFORNTA, AND
PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN
SAID GOVERNMENT CODE.
6. Resolutions Confirming Fiscal Year 1996-97 Special Assessments for AD 87-2 AD 89-1
AD 86-1 AD 90-1A and AD 93-I Resolution Nos 96-36 thru 96-40. (F:22.3)
Councilman Alongi indicated that he would be voting on this item as well as item number
7 under protest, and noted that he understands this is required action in that the districts
are already formed.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS
VOTE TO ADOPT RESOLUTION NOS. 96-36 THRU 96-40.
PAGE THItEE - CITY COUNCIL MINUTES - JULY 23,1996
RESOLUTION NO. 96-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE
COUNTY OF RIVERSIDE TO PLACE ASSESSMENT5 ON THE B1LLS OF
CERTAIN PROPERTIES (ASSESSMENT DISTRICT 87-2 - SHOPPERS
SQUARE).
RESOLUTION NO. 96-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE
COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF
CERTAIN PROPERTIES (ASSESSMENT DISTRICT 89-1- SUMMERHILL
BRIDGE IMPROVEMENT5).
RESOLUTION NO. 96-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE
COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF
CERTAIN PROPERTIES (ASSESSMENT DISTRICT 86-1- NORTHWEST
SEWER DISTRICT).
RESOLUTION NO. 96-39
- A RESOLUTION OF THE CITY COUNCiL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE
COUNTY OF RIVERSIDE TO PLACE AS5ESSMENTS ON THE BILLS OF
CERTAIN PROPERTIES (ASSESSMENT DISTRICT 90-1A - SUMMERHILL
PUBLIC IMPROVEMENTS).
RESOLUTION NO. 96-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNLA, REQUESTING THE TAX COLLECTOR OF THE
COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF
CERTAIN PROPERTIES (ASSESSMENT DISTRICT 93-1- COTTONWOOD
HILLS PUBLIC IMPROVEMENTS).
7. Resolutions Confirmin~ Fiscal Year 1996-97 Soecial Taxes for Communitv Faciliti
District Nos. CFD 91-2 (Summerhill Public Im,provements~. CFD 88-3 {West Lake
Elsinore Public Imnrovementsl CFD 90-3 (North Lake Elsinore Hills Public
Imnrovementsl and CFD 95-1 (Lake Elsinore City Center Public Improvements~
Resolution Nos. 96-41 thru 96-44. (F:223)
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS
VOTE TO ADOPT RESOLUTION NOS. 96-41 THRU 96-44.
RESOLUTION NO. 96-41
A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE
ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE
COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF
CERTAIN PROPERTIES (COMMUNITY FACILITIES DISTRICT 91-2 -
SUMMERHILL PUBLIC IMPROVEMENTS)
PAGE FOUR - CITI' COUNCIL MINUTES - NLY 23,1996
RESOLUTION NO. 96-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE
COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF
CERTAIN PROPERTIES (C0114MUNITY FACILTTIES DISTRICT 88-3 - WEST
LAKE ELSINORE PUBLIC IMPROVEMENTS).
RESOLUTION NO. 96-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE
COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF
CERTAIN PROPERTIES ( COMMUNITY FACILTTIES DISTRICT 90-3 -
NORTH LAKE ELSINORE PUBLIC IMPROVEMENTS).
RESOLUTION NO. 96-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE
COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF
CERTAIN PROPERTIES (COMMUNITY FACILITIES DISTRICT 95-1- LAKE
ELSINORE CITY CENTER PUBLIC IMPRO VEMENTS).
(' R& R, Inc - Rec~uest to Put Refuse Billin~ Delinquencies on Fiscal Year 1996-97 Tax
Roll - Resolution No, 96-46. (R:163.1)
Mayor Pape introduced this item and noted that he had a request to speak. It was
deternuned that the requesting speaker was not present for comment.
MOVED BY METZE, SECONDED BY BRINLEY TO ADOPT RESOLUTION NO. 96-
46.
Councilman Alongi inquired it there was still time to pay the bills before they are added to
the ta~c roll. David Fahrion, President, CR & R, indicated that bills could be paid until
August 1, 1996, without being placed on the tax rolls.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
RESOLUTION NO. 96-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AFF'IIiMING THE REPORT OF DELINQUENT
RESIDENTIAL REFUSE FEES AND DIRECTING THEII2 COLLECTION ON
~'HE PROPERTY TAX ROLLS.
PUBLIC AEARINGS
21. Public Hearin~ - Fiscal Year 1996-97 City Wide Li~hting and Landscape Maintenance
District - Resolution No 96-45. (F:22.2)
City Manager Molendyk explained that this was the annual public hearing for Lighting and
Landscape Maintenance District which maintains landscaped medians, parks, streets,
sidewalks, etc. He noted that as a result of the last meeting the Stadium assessment was
eliminated. He further explained that there are 21 zones in the City and except for the
~ Tuscany Hiils area the annual increase amounts to a$1.13 to $2.20 per month increase; as
PAGE FIVE - CITY COUNCIL MINUTES - JULY 23, 1996 ~-
a result of labor and material cost increases. He advised that staff met again with the
representatives of Tuscany Hills to deternune possible reductions; but clarified that the
City will now be assuming the responsibility for the public easements. He noted that the
bids haue been reviewed for possible reductions, and it was found that it is possible to
reduce the cost for Tuscany Hills by approximately 21% per property, or apprwcimately
$37.00 per year. He addressed the Senior Citizen rebate issue and explained the original
direction from the Council in 1988, which related to those Senior Citizens already living in
the community.
Mayor Pape opened the public hearing at 7:12 p.m. and asked those persons interested in
this item to speak. The following people spoke:
Chris Hyland, 15191 Wavecrest Drive, indicated since the City is not raising the fees to
fund the Stadium, she thinks the taxpayers should know where the money will come from.
She noted the lack of funds, delinquent developers in the Community and the nonpayment ~
of rent by the Stadium. She further indicated that when the Jarvis initiative passes, the
cities will be much better off. she suggested that caution be used on long drawn out
contracts with the 5tadium people and developers. She indicated that the City has not told
the people how the maintenance will be paid, noted the non-payment of rent by the team
and questioned the ability for the team to pay for the maintenance. She noted recent news
articles and suggested that citizens ask how the maintenance on the Stadium will be paid.
David Walsh, 33129 Windward Lane, presented photos of trash dumped in his tract. He
noted that the City has been called, and expressed concern that this depicts a health
hazard. He suggested that this shouid be a high maintenance priority. He also noted
brush on Crrand Avenue near his tract and indicated that the City position is that the
property has not been turned over to the City for maintenance. He stressed that this is a
main thoroughfare, which does not present a good image for the City. He further
suggested adoption of a policy for tracts such as this to assure that the properties are
maintained; and stressed the number of unfinished tracts around town with similar
problems.
Deborah Childers, resident of Tuscany hills and President of the Board of Realtors,
expressed understanding of the need to maintain the community and participate in the
maintenance of the community. She noted the lowest assessment under Tuscany Hills is
$39, and stressed that the residents are not the only ones benefitting from the
improvements. She stressed the need to reevaluate and assess this portion of the
community.
Donna Franson, 7 Villa Valtelena, advised that the homeowners have done much research
on this issue; and some areas still cause concern for them. She questioned the acreage
used to determine the costs, and stressed their belief that Summerhill Drive is a main
artery. She stressed the use of the road by EVMWD and residents making access to the
School and the Park. She thanked the Mayor and Stafffor meetings and time spent, and
indicated that she feels the City has put forth their best effort to assist but some issues
need to be looked at more closely.
Kevin Jeffries, 17666 Grand Avenue, noted his written protest presented this date, and
indicated he has learned that he has no legal grounds to address the beach azeas, but
would still intend to proceed with the written protest. He questioned the balance of
assessments for ]ake maintenance and stressed the variation in benefit when spread over
the City. He suggested that this methodology be revisited. He noted the request for $3.5
million from the State and noted that $500,000 did survive the budget process and
questioned it these funds would reduce the assessments.
Gary Grant, commented on behalf of Mr. Britton whose property was annexed as part of
PAGE SIX - CITY COiJNCIL MINUTES - JULY 23, 1996
the North Peak annexation in 1991. He noted that there aze no residents in the area and
suggested that the assessments are too high. He questioned the counY of protests, the
meaning of no response and whether they would be considered by zones. He stressed the
responsibility of the Council to the people to vote fairly on this issue.
Mariana Mohylyn, 305 W. Sumner, noted the upcorrung Presidential election and the
issues of overtaxing and overspending. Stressed that the Council is a representative of the
will of the people and must be conscious of how the money is spent. She also commented
on the CR & R issue and noted that she had missed that discussion. She expressed
concern with the Council overburdening the residents.
City Clerk Kasad reported the three previously received protests and the protests received
this date from Gary Grant and Kevin Jeffries.
Mayor Pape hearing no additional requests to speak, closed the public hearing at 7:37 p.m
Mayor Pape explained how this appears on the tax statement, and noted that it is about $5
to $8 per month per household. He further explained that it is used for street lights;
improving, watering and gardening the medians; traffic signal maintenance; maintenance of
parks, sprinklers, restrooms, etc. He stressed the value of this maintenance, and reiterated
that there is virtually no change proposed for this year. He noted the comments by Mr.
Walsh and suggested that he speak with Mr. Leslie to advise of the exact location of his
concerns so staff can follow-up. He noted the need for clarification between the upper
and lower slopes in the Tuscany Hills area.
7eff Cooper, representing Berryman & Heniger, addressed the benefit of landscaping in
Tuscany Hills; and indicated that the lower slopes are spread City-wide, but the upper
slopes are of specific benefit to the Tuscany Hills zones. He stressed the variation
between support of homes vs. support of the roads. Mayor Pape requested clarification as
to why Summerhill is not considered a main artery. Mr. Cooper indicated that it is a
major arterial, but the benefit is not of a City-wide nature. He clarified the Equivalent
Dwelling Units for that area and indicated that at a future date the charges may actually go
down. He noted that the presently undeveloped property carries a lower charge for the
time being.
Mayor Pro Tem Kelley questioned Summerhill Drive and whether the ultimate
construction of the area would change the classification to a major thoroughfare. Mr.
Cooper clarified that it is a major arterial and the slopes supporting the road are part ofthe
City-wide district. City Manager Molendyk clarified that there is a 30 foot bank, of which
10 feet supports the road and is spread city-wide; the other 20 feet that holds up the
houses is spread into the specific zone. He stressed that there will always be a portion that
is City-wide, but there wili also always be a part that will be charged back to the owner or
the association. Mr. Cooper stressed that it is hoped with future development that the
zone charge per home will go down.
Councilman Metze requested an explanation of reevaluating the process as discussed. He
yuestioned the guidelines for development of this report. Mr. Cooper clarified that there
is not a specific guideline, but it is based on the premise of the report which deternunes
city-wide benefit. He stressed that the main variation is based on public right of way for
the arterial. He reiterated that the report was originally adopted in 1988. City Attorney
Harper also noted that it is based on the dedicated right of way when Tuscany Hills was
developed. Mr. Cooper further clarified that the City-wide portion is owned by the city
and supports the major arterials; and the other slopes are privately owned with a public
maintenance easement across them.
Mayor Pro Tem Kelley noted Mr. 7effries' letter regarding Serena Shores and questioned
PAGE SEVEN - CITY COUNCIL MINUTES - NLY 23, 1996 .
what zone it is in. Staff indicated that it was in Zone G.
Councilman Alongi noted his understanding of variable assessments, but questioned why
Tuscany Hills lots are not assessed equally. He stressed that all of the homes are very
expensive, and the City is asking them to pay the full cost. He questioned why vacant land
is not assessed equally. Mr. Cooper clarified that the assessment is less, because there is
no home built on the property. Councilman Alongi stressed that the property owner
enjoys the benefit of the maintenance on the area, and indicated that he still doesn't
understand the variable assessment. Mr. Cooper indicated that undeveloped land is
assessed the same rate throughout the City, but in Tuscany they have an increased benefit
for that zone. He further detailed the City-wide rate for vacant land.
Councilwoman Brinley questioned if the vacant lots pay their HOA fees even if they are
not built, as she is under this impression.
City Attorney Harper clarified the issue of the engineering logic regarding relative bene8t,
and the analysis of occupied vs. undeveloped property benefit. He further stressed that
this is a uniform process.
Councilwoman Brinley stressed that there are some developers who are participating in
the HOA and paying their fees on the LLMD; and stressed that the homeowners are not
carrying all of the fees for the vacant land. Cathy 0esterich, representing the TT Group,
clarified the zones in Tuscany Hills and the variation in assessments. She noted that the
areas with final maps pay more under this system. She also clarified the timing as to when
the developer begins to pay homeowners association dues.
Mayor Pro Tem Kelley questioned whether the prospective homebuyer is notified of these
assessments. Ms. Oesterich indicated that they are part of both the preliminary title report
and the White Report disclosures.
Councilman Metze expressed understanding of Mr. Alongi's position, but suggested that
this is a city-wide issue, and noted that part of the problem is that there is some shock that
the residents have not been paying the actual cost, as the developer was picking up the
difference. He stressed that these issues were addressed at the time of the development
agreement.
Mayor Pro Tem Kelley addressed Mr. Jeffries, and indicated that the cost of the increase
for Zone G is $1.13 annually.
MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT RESOLUTION NO. 96-45
AND OVERRULE THE WRITTEN PROTESTS RECEIVED.
Mr. Cooper questioned the Resolution and what it approves. City Attorney Harper
clarified that it includes the reduction and approves the assessments as presented by the
revised Engineer's Report.
Councilman Metze stressed that the Stadium is not included, and there are reductions of \~
$37 for Zones 0 and T. ~ -----"""" /
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
RESOLUTION NO. 96-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT
AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION
PAGE EIGHT - CITY COUNCIL MINUTES - NLY 23, 1996
OF A DISTRICT.
31. ~econd Reading - Ordinance No. 1017 - re a~ rdine Administrative Citation Process.
(F:32.4)
MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1017
UPON SECOND READING BY TITLE ONLY.
ORDINANCE NO. 1017
AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING THE
LAKE ELSINORE MUNICII'AL CODE BY ADDING CHAPTER 1.20,
SECTIONS 1.20.010 THROUGH 1.20.080, PERTAINING TO THE
ADMINISTRATIVE PROCEDURES GOVERNING THE IMPOSTTION,
ENFORCEMENT, ADMINI5TRATIVE REVIEW AND COLLECTION OF
PENALTIES FOR VIOLATING PROVISIONS OF THE LAKE ELSINORE
MUIVICIPAL CODE.
Mariana Mohylyn, 305 W. Sumner, addressed this item and requested a briefing of what
section 1017 entails and questioned how residents will be accountable. She questioned the
intent of this ordinance, the amount of fines and whether this is a necessary process.
City Attorney Harper ciarified that this is the second reading of the ordinance from the last
meeting, and essentially a ministerial second reading. City Manager Molendyk noted the
trash situation noted by Mr. Walsh and explained the application of this process to that
situation. Mayor Pape concurred that this was a good example of its application.
Councilman Metze stressed that it will gain quicker responses and get the attention of the
]and owners.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, BRIlVLEY, KELLEY,
METZE, PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
32. Second Reading - Ordinance No. I Ol8 - re ardin Development Requirements to Benefit
Habitat Conservation Efforts. (F:76.1)
Mayor Pape noted that he had two requests to address this item.
Gary Grant, addressed the K-Rat issue for the North Peak area and noted a plan proposed
for mitigation. He questioned whether this land would come out of the LLMD. He
questioned when this new plan would be submitted and its future implications. Mayor
Pape noted that he was going to request a study session on this item.
Mariana Mohylyn, expressed reverence to all creatures including K-Rats. She commented
on LEAF handling of cats and dogs and questioned tasation for K-Rat land. She
questioned whether the rats would be moved to appropriate areas.
MOVED BY BRINLEY; SECONDED BY METZE TO ADOPT ORDINANCE NO. 1018
PAGE NINE - CITY COUNCIL MINUTES - NLY 23, 1996 _
UPON SECOND READING BY TITLE ONLY.
Councilman Alongi noted comments of the evening, and indicated that the North Peak
property being negotiated is presently inundated with K-Rat, protected brush and
endangered bird habitat. He confirmed that the land is presently in the LLMD and those
funds will be lost, however, many of those lands cannot be developed, and this gives them
an opportunity to buy in to protection on multi-species habitat.
Councilman Metze noted it would be nice if this land could be set aside for Lake Elsinore
developments. Mr; Alongi expiained the need to include RCHCA participants to negotiate
this type of program.
ORDINANCE NO. 1018
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNLA,
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: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
33. Request for Waiver of Fees - Historical Societv. (F:62.1)
34. Request for Waiver ofFees - Friends ofthe Library.
35. Request for Waiver ofFees - H.O.P.E.
City Manager Molendyk suggested discussion of items 33 - 35 jointly, and noted that
these are on the agenda due to budget constraints which do not allow for assistance with
this type of waiver. He indicated that there is no formal policy adopted for this type of
request and suggested adoption of a policy to allow for administrative processing.
Councilman Alongi apologized and noted his intent to pull item 3 of the Consent Calendar
relating to use of.th~Diamond. He indicated that the School District is being treated
differently than other organizations. He further indicated that if the Council will agree to
take any repairs out of the $5,000 deposit for the school district, he will vote with the
Council on these items. He stressed that everyone needs to tighten belts and work toward
dealing with the debt. Would like the council to agree that no expenses are taken from the
$5,000. He stressed if Council decides to not waive fees for these organizations, which
are important, then they need to deny the waiver of fees for the school district, and the
City should not be responsible to repair damages.
Mayor Pro Tem Kelley noted the organizations being discussed are all non-profit agencies
that benefit the community, and all three are vital and give back to the community. She
noted the museum that was opened and HOPE and Friends of the Library all contribute
back to the Community. She expressed concern if they are charged the full cost all three
events will be canceled.
X
MOVED BY KELLEY TO WAIVE THE FEES EXCEPT FOR CLEANING, DAMAGE
PAGE TEN - CTTY COUNCIL MINUTES - NLY 23, 1996
DEPOSIT AND STAFF TIME COSTS.
Mayor Pro Tem Kelley stressed that the facilities are community buildings for community
use. She indicated that the waiver would be rental costs. Councilman Metze questioned
whether the insurance would also be waived. Mrs. Kelley indicated that the insurance
would be required. Councilwoman Brinley requested clarification of the motion. Mrs.
Kelley clarified that she would retain the fees for cleaning, damage deposit, insurance, and
staffhours. Mayor Pape clarified that the only things gone would be rental costs and use
of kitchen. Councilman Alongi questioned why the charge is $500 for damage and not
$250, and stressed that these are up front costs. He suggested that the damage fees be
reduced as he is not aware of any problems at prior events of this type. Mrs. Kelley
further clarified the fees for the use of the Cultural Center vs. use of the Community
Center for the other events. Council discussion ensued.
MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS
VOTE TO WAIVE THE RENTAL COSTS ON ITEM NO. 33; RENTAL COSTS &
HITCHEN COSTS ON ITEM NO. 34; AND RENTAL AND HITCHEN COSTS ON ITEM
NO. 35.
Councilman Alongi stressed that this action is unfair, but his vote is always yes for the
community. He stressed that if there is to be no more waivers of fees that the vote should
be consistent. City Manager Molendyk noted previous direction to make the rental
facilities cost effective, and suggested adoption of a policy with regard to waiver of fees.
Mayor Pape suggested that the policy be considered on the next agenda.
36. Kidc-On-Track Program - Requested by Councilman Alongi. (F:64.2)
City Manager Molendyk gave an overview of the program and explained that it was to
become self supporting as of this year and is not carried in the current budget. He
explained that it is recommended that Kids-on-Track be discontinued as of August 1,
1996, due to lack of funding and support. He noted that both sites will go "offtrack" for
the month of August allowing parents an opportunity to find alternative after school care.
Mayor Pape noted requests to speak and recognized the following people for comments:
Aaron Hutchens, 119 N: Massachusetts, stated that he has been a part of the program for
the last two years and without this program he would have no place to go after school.
He expressed concern for his and the other children's safety.
Mrs: Hutchens expressed her concern regarding the discontinuance of the program and the
potentia] problems that children could experience.
Willis Jensen, 15186 Grand Ave. #3, explained what the program means to him as a kid.
Ken Jensen, 15186 Grand Ave. #3, stated that he is the father of Willis and a 5 year old
daughter and noted the problems that are experienced on the streets today and the fact
that Kids-on-Track provides a good environment for two hours a day and gives the
children an alternate supervisor in their lives that they can trust. He noted the cost and
stated that the service off-sets the cost to the community. He stated that if there is a need
for more money, then all the Council has to do is ask for it.
Sheri Simmons, 16460 Joy Street, asked that Council reconsider discontinuing the
program. She stated that she has a 7 year old son in the program and she feels that it is
and excellent program. She noted that she is aware of the problem with funding and
suggested that the fee be raised from $1.00 up to as much as $5.00 per day, for the
parents that can afford it.
PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 23, 1996 -
Councilman Alongi explained that sometimes there is a need to support a project that most
likely should be supported by some other source, however the most important commodity
the City has is iYs children and noted the problems that occur on the streets and that they
need somewhere to go. He noted that the City seems to find the money for the Lake,
movie theaters, ball fields, sewer connection and the Chamber of Commerce. He stated
that he feels that the need outweighs the need for a million dollars in the reserve.
Councilman Alongi stated that there are children who need protection and deserve a slice
of the pie in this community. He explained that the families of these children pay the taxes
that the City gives to the developers, yet when it comes time for the City to give $35,000
to help the kids, the City can't afford it. He noted that the City uses $25,000 a year to
subsidize a movie theater and thinks nothing of it. He thanked Councilwoman Brinley for
all her efforts and explained that he would like to see her efforts rewarded by this Council
putting $25,000 in an account for the Kids-on-Tract, and as funds are raised to help
support the program, the amount can be reimbursed back to the account and this would
keep the program moving. He pointed out that some parents can't afford a great deal of
money, but.the children deserve to have this program.
Councilwoman Brinley stated that this program is for a good cause and listed the people
involved in the program. She pointed out that last year the requested donation was a
dollar a day and with exception of a small segment of the group, no one paid. She stated
that they were lucky if they received $10.00 a week. She further stated that in mid
February the $1. a day charge was made mandatory in order to help support the program.
She explained that when she became involved in the program last year, the former Council
made it very clear that the funding was a one-time seed money situation in the amount of
$35,000. The Kids-on-Track committee met once every month and invited parent
participation. She.further noted that they could not seem to get the program on firm
financial footing due to a lack of response from the parents. Councilwoman Brinley stated
that she wished that Councilman Alongi had attended some of their meetings to assist in
ideas for fund raisers and money making projects. She pointed out that it is not a case of
not wanting to see this program go forward, but rather the fact that the group did not
receive full cooperation. She noted that it was stated at every meeting that the money
received from the City was one time funding only. She further explained that the School
District informed the City that it is not legal for them to participate, so that source is not
available. She noted that Ortega Trails has a program, but they do charge a fee as well.
She stated that it is a very worthy thing they tried to do, but there is no more money and
nothing to build from. Councilwoman Brinley stated that she doesn't know where the
money is going to come from. She stressed that they worked very hard to trying to raise
the money to keep the program going, but they didn't get the response needed.
Mayor Pro Tem Keiley stated that she felt that there was no one on Council who wants to
loose Kids-on-Track and they all know how important the program is and how important
the children are. She noted that Councilwoman Brinley has worked very hard to raise
funds for the program, but there was just no money coming in to keep the program
growing. She suggested that Council and/or the parents needed to look at multi-funding
such as grants which might apply. She noted that there is a joint effort with Mt. San
Jacinto College to develop a child care center utilizing the students. She further suggested
that possibly the City might want to do a dollar for dollar matching funds project with
Councilman Alongi heading the committee.
Councilman Metze stated that all three of his chiidren use Kids-on-Track and it is a
valuable program. He noted that at $4 a day, within a 200 school day stnzcture, $40,000
could be raised right offthe top. He further noted that this could be made effective
August 1. He stated that it is inexpensive child care and on site to add to the effectiveness
of the program. FIe explained that a discount can be figured in for a third child and
scholarships would have to be figured in as well, but even with those factors, if there were
50 paying students it would work out to $4Q000 a year.
PAGE TWELVE - CITY COUNCIL MINUTES - NLY 23, 1996
Councilwoman Brinley asked what should be done if there is a short fall or if the people
do not pay. Councilman Metze stated that they would not be allowed to attend the
program. Councilwoman Brinley asked how the pass was worked out for families with
more than one child.
Recreation and Tourism Manager Edelbrock, explained how the Kids-on-Track passes
applied to more than one child per family.
Mayor Pro Tem Kelley stated that there are currently two programs. One program at
Railroad Canyon Elementary; and the other at Machado Elementary. She asked what the
feasibility of combining them at one school or the other. Councilwoman Brinley stated
that the problem that they had with that solution is transportation. She noted that the
School District could not afford to pay for the bus, insurance or driver to transport the
children.
There was general discussion regazding the cost of the programs and Mayor Pape pointed
out that the people using the program were not paying for it, the seed money was
exhausted and there is nothing left to support the program. He noted that if Council is
considering continuing the program then there should be some type of clause, that if there
is not enough money paid by the people using the program to support it, then it will not be
brought back before Council. He asked if the parents were willing to make the program
work, and if they are not, then it is not up to the City to continue to support this program.
He stated that the parents need to be responsible.
Councilman Metze pointed out that the mandatory fee was put in place in February, and
from then until now $3,100.00 was collected charging $1.00 per day.
Councilwoman Brinley stated that there were articles in the paper infornung the parents
that the program was not receiving support. She made note of the fact that when they
asked for volunteers from the parents of the program, there were only three that showed
_ up to help. She pointed out that to make this type of a program work it needs a total
commitment from the whole community and most especially from the parents who are
using the program. She explained that they did not get the response. Councilwoman
Brinley stated that if the program is to proceed at $4.00 a day, then the volunteers are
going to have to be wiiling to be sure that the fee is paid and that their fund-raisers are
• supported by the parents. She explained the difFerent resources that she approached to
gain support for the program. She stated that the situation was explained last year and
the program would have to support itself, and because it was a one-time funding they
would have to work toward that goal. Councilwoman Brinley stated that she would be
willing to try, especially if Councilman Alongi would lend support with fund raisers and
the parents paying their fair share for the program and assist in raising the funds necessary
to keep it going.
Councilman Alongi stated that he thought it was amazing how quickly we figure cost
when it comes to our own, and yet do not consider what it is costing to give to strangers
when they take their profit and leave this town. Councilman Alongi stated that he has a
si~cteen hour day already and cannot spend more time, but he felt that he could raise some
money through some businesses that he knows. He noted that this is positive for our
community and if $25,000 was taken from our reserves, we would not even miss it. He
pointed out that if the City is going to go broke, then the $25,000 is not what is going to
make the City go broke, but it might save some kid; and it might keep a job for an adult.
He stated that he was tired of sitting at Council and listing to all the excuses why we can't
help our own. He asked Council if they thought the parents could have helped, and
stressed that they have to work. Councilman Alongi stated that because Councilwoman
Brinley donated some time that she seems to think she needs a crown on her head.
Councilman Alongi stated that she had no idea what some of the parents are facing out
PAGE THIItTEEN - CITY COUNCIL MINUTES - JULY 23,1996 --
there.
Councilwoman Brinley suggested in that case that the money that Councilman Alongi
personally guazanteed for the rodeo should be donated to the kids.
Councilman Alongi stated that Councilwoman Brinley was talking in ignorance and that
she was ignorant.
Councilwoman Brinley stated that Councilman Alongi was an ignorant stuffed old bag.
She stated that he talks about being a good Christian, but he hasn't done one thing for
Kids on Track.
Mayor Pape stated that we can't understand or listen to each other if everyone talks at the
same time. He noted that it doesn't do any good to talk if no one is listening. He stated
that it will be done one person at a time; and insults and rude behavior is not appropriate
and he will not allow it.
Councilman Alongi stated that when the Chamber of Commerce came before Council,
there were budget problems, yet Council voted to give them $25,000, He noted that up to
today they are receiving free rent which costs the City an additional $18,000 a yeaz to
support the Chamber of Commerce. He pointed out that the Chamber is made up of
working people and businesses. He noted that now Council is sitting at their seats figuring
out how to try and get the money out of the very people that are paying for everything.
He explained that is the reason why he gets so upset. He further explained that he feels
that we do not help our own. Councilman Alongi stated that he is not asking the City
Council to put up $25,000 and spend it all; what he is asking the City Council to do is to
put $25,000 in an account and draw on it, as needed. He commented to Councilwoman
Brinley that if he can't donate his time, then he will donate his money; but he does do his
thing in this community and he does a hell of a lot more in this community than a lot of
other people have done, but he doesn't ask for recognition. He stated that he puts his
hand in his pocket and comes out with the money and he will discuss the deal with the
Rodeo later with Counciiwoman Brinley. Councilman Alongi explained that Council
needs to start supporting the children. He stated that he and his wife have dedicated their
time to babysitting their second grand child just as they did their first, since they do not
feel that they can tnxst putting them anywhere else; and then he see children walking down
_ streets without proper sidewalks and that bothers him. He further stated that the City is
giving millions away to the Walmarts, the State, the Lake, and the ball field. He noted
that he does not need to worry about an income, but he does know where he came from
and stated that he felt that the rest of Council has forgotten and that is the problem. He
further noted that we cannot forget our own. He suggested that Council come up with the
$25,000 and then proceed with business.
Mayor Pro Tem Kelley stated that she does agree that we cannot forget the children in the
community because t'hey are the future. She suggested that this item be pulled until she
does research on the grant that Mrs. Wi(son has suggested and any other possible grants.
Councilman Metze commented that he would like to make his comments uninterrupted .
He noted that what has occurred tonight is someone getting up on a soap box, and pointed
out that just a few months ago Tee Pee Ranch was discussed and it was noted that it was
too bad that the school screwed up; and now all of a sudden it is "rah, rah, rah" for the
children in the schools. He stated that the public shouid know that the City should have
$2,000,000 in reserve and there is not even $1,000,000 in reserve; and this is how the
outside financial world is looking at us and it does make a difference.
Councilman Alongi commented that this is Bul( Shit and asked what in the hell
Councilman Metze was talking about.
PAGE FOURTEEN - CITY COUNCIL MINUTES - NLY 23, 1996
Mayor Pape called Councilman Alongi to order and stated that if he could not contain
himself he could leave.
Councilman Metze pointed out that Councilman Alongi did not care about the school. He
stated that at that time he did not care about the school, where he wanted to see a
commercial development; and now all of a sudden kids mean everything in the whole
world to him whereas a few meetings ago they didn't mean anything to him. He stated
that this is strictly political and again pointed out the balance in the reserves.
Councilwoman Brinley stated that using Kids-on-Track as a political football is sad and
Councilman Alongi does it all the time on dif~'erent issues. She stated that Kids-on-Track
is a wonderful program and she was part of the best committee there could have been.
She pointed out that they tried to keep this program going and she is willing to try to
make it work. She noted that if it take $4.00 a day to make it work then so be it.
Councilwoman Brinley stated that there is no one present tonight who would want to see
a kid out on the streets, abused, or joining a gang; but the problem is that there is no
money . She noted that members of Council who attended the CAP Conference were
discussing how to merge programs together and create solutions. She pointed out that the
School DistricYs funds are limited. Councilwoman Brinley stated that she and Mayor Pro
Tem Kelley have been discussing Grants with School District Boardmember Wilson to
help with Kids-on-Track and noted that they want to make it work, but the City can no
longer shoulder the responsibility alone. She stated that they need the help ofthe schools,
the community and the Council.
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED UNANIMOUS VOTE
TO SET A STUDY SESSION AFTER RESEARCHING GRANT POSSIBILITIES WITH
BOARDMEMBER WILSON TO CONSIDER POSSIBLE FINANCIAL OPTIONS.
Mayor Pape reminded the public that this program will be out of money at the end of the
month, and cautioned Council that the decision would have to be considered in a timely
manner.
37. Appointment ofPlannin~ Commissioners - Three Seat .(F:60.2)
Mayor Pape noted that there are three seats open for appointment, and there were six very
qualified applicants. Councilman Alongi questioned where the applications for those to be
appointed were. Mayor Pape noted that six applicants were interviewed and stressed the
importance of the Planning Commission for review of projects to assure that they blend
with the community. He stressed the difficulty of this decision and recommended
reappointment of Ericka Matthies and James Sands and appointment of John Barnes. He
thanked Daniel Allenbach for his services and noted future opportunities for service and
participation in City activities.
MOVED BY PAPE, SECONDED BY METZE TO REAPPOINT ERICKA I~IATTHIES
AND JAMES SANDS AND APPOINT JOHN BARNES TO PLANNING COMMISSION
TERMS CONTINUING UNTIL NNE, 2000.
Councilman Alongi indicated that he would like to vote individually on the appointments.
THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONG%
CASTING THE DISSENTING VOTE,
PTJBLIC COMMENTS - NON-AGENDIZED ITEMS
Chris Hyland, 15191 Wavecrest responded to a recent letter by Karen Snyder, and commented on
Amber Ridge sewer connections. She further commented on the use of improper language and
PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 23, 1996 --
explained her use of impropriety. She noted that the City is broke and expressed concern with
donations and work for Timmy Pape coordinated by City staff.
Mariana Mohylyn, 305 W. Sumner, addressed the making of history, and the allowance for
groups to do special events in city buildings. She expressed concem for children and noted that
they are given prime consideration in Communist Countries.
CITY MANAGER COMMENTS
None.
CITY COUNCIL COMMENTS
Councilman Alongi commented on the following:
1) Expressed his personal thanks to every police officer on the streets today. He
noted the recent death of a CHP officer and expressed pride and gratitude for their
service and their efforts on behalf of himself and his family. He stressed the
contribution of law enforcement to the community.
Councilman Metze commented on the foliowing;
1) Inquired whether staff could meet with him to discuss and review the original
LLNID report and logic.
Mayor Pro Tem Kelley commented on the following:
1) Noted that the public may not realize that the CHP officer was the nephew of the
Temescal Canyon High School coach.
2) Noted the CAP conference and the sharing of positive ideas and programs. She
thanked the school district for the conference, and indicated that the upcoming
year will see committees working on providing additional services, such as the
pazenting center, a We Tip line, etc. She further noted that the City was well
represented.
Councilwoman Brinley commented on the following:
1) Concurred with Mrs. Kelley regarding the CAP program, and noted that it was
enlightening and nice to know another entity is looking at the future vision for the
community.
2) Expressed sympathies to family of CHP Officer and Coach Burt at Temescal
Canyon High School.
Mayor Pape commented on the following:
1) Noted an article in the paper regarding the North Peak acreage for endangered
species habitat, and indicated that he would like a study session on the impacts on
the City, timing, etc. He suggested that this might be appropriate at the same
meeting when goals and priorities are discussed.
2) Noted comments at this table and indicated that they have stooped to a new low.
He indicated that while some mistakes have to be made and tolerated, rude
behavior and language is not appropriate.
PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 23, 1996
City Attorney Harper requested that the topic of potential property acquisition be added to the
Closed Session topics.
~'LOSED SESSION
a. Pending Litigation - USA Properties Fund, Inc. - Case #280489.
b. Potential Property Acquisition.
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED
SESSION AT 9:36 P.M. TO DISCUS5 THE ABOVE MENTIONED ITEMS.
T'HE CITY COUNCIL MEETING RECONVENED AT 10:30 P.M. NO ACTION
TAKEN.
ADJOURNMENT
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 10:31 P.M.
~ ~ %~
KEVIN W. PAPE, MAYOR
CITY OF LAKE ELSINORE
AT ST:
~ ~l, "`d"~ ~C.l l
VICHI KASAD, CITY CLERK
CITY OF LAKE ELSINORE