Loading...
HomeMy WebLinkAbout02-28-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAK~ ELSINORE 183 NORTH MAIN STREET LAKE E!.SINORE, CALIFORNIA ~UPSDAY, FEBRUARY 28, 1995 ,...... i ******************~********************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance ~:~s lee oy city Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, City Planner Leslie, Chief Building Official Russell, Public Services Director Tecca, Manager of Special Projects watenpaugh, City Treasurer Kelley and city Clerk Kasad. - PRESENTATIONS/CEREMONIALS Mayor Washburn announced that the City and Hunsaker Associates received the 1995 Engineering Project Achievement Award for the Diamond Stadium from the Orange County Engineering Council and displayed the award. PUBLIC COMMENTS - AGENDIZED ITEMS A request was received to address Item No. 33 of this agenda and deferred to that discussion. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and co:.!si::l~ration: Item Nos. 1.a., 2 and 5. MOVED BY BRINLEY, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were received and ordered filed: - b. Planning commission Minutes - January 18, 1995. - PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 4. Awarded Contract for the Heald Avenue Sidewalk proj ect to Kobold Construction, Inc., in the amount of $16,988.20; and authorized the Administrative SERvices Director to transfer $6,000 from the 1994-95 Capital Improvement Project Budget for Miscellaneous Street Maintenance. (F:146.2) 6. Adopted Resolution No. 95-10 Designation of Applicant Agent for receipt of Disaster Relief Funds. (F:74.1) - RESOLUTION NO. 95-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING CERTAIN CITY OFFICIALS AS INDIVIDUALS AUTHORIZED TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE. ITEMS PULLED FROM THE CONSENT CALENDAR 1. Minutes (F:44.4) a. Regular City Council Meeting - February 14, 1995. Mayor Pro Tem Bender indicated that he did not vote on Item No. 34 on page 23 of these Minutes. City Attorney Harper indicated that this should be reflected as an Abstention in the Minutes. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES AS AMENDED TO REFLECT A VOTE ON ITEM NO. 34 OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND BENDER ABSTAINING. 2. L.E.A.F Animal Control Activity Report - January. 1995. (F:18.2) Mayor Washburn commented on the excessive numbers of stray/wild cats in the area and noted that L.E.A.F. does provide traps for use by area residents. He further commented that they are doing a good job. Councilman Alongi reminded the public to check with L.E.A.F. regarding the upcoming vaccination schedule and spay/neuter clinics. - MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR JANUARY, 1995. 5. Cost Recoveries for Abatement: (F:32.4) a. 405 W. Graham - James Angelopoulos. b. 3620 Nashland - Consolidated Holdings LP. c. 405 W. Graham - James Angelopoulos. Councilman Alongi questioned the status of the Ambassador HnTPl _ M?lvnr W?l~hhnrn rp-snonded that it is nresentlv boarded- r PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 BUSINESS ITEMS 31. Second Readina Ordinance No. 993 Development Standards. (F:172.2) relatina to R-A MOVED BY BRINLEY, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 993 UPON SECOND READING BY TITLE ONLY: ".... . ORDINANCE NO. 993 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.20.060 (LOT AREA WITHIN THE AGRICULTURAL RESIDENTIAL [R-A] DEVELOPMENT STANDARDS) OF THE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 995 - relatina to Fishing with a Second Pole. (F:92.1) MOVED BY BRINLEY, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 995 UPON SECOND READING BY TITLE ONLY: - ORDINANCE NO. 995 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9 BY ADDING TO SUB-SECTION 9.96.193, "FISHING WITH A SECOND POLE...... UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Nuisance Abatement Hearina Process & Cost Recoverv Resolution - Ordinance No. 994 & Resolution No. 95-8. (F:32.4) - city Manager Molendyk explained that this action is to cover the costs to the city for Nuisance Abatement proceedings. He questioned the amount for the Committee Members and asked if the Council wished to include that in the cost recovery. PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 is conservative, for the cost of staff. Building and Safety Manager Russell stated that should the Planning Commission sit on the Committee those charges would be waived. Councilman Alongi stated that he had a problem with the inconsistency. He stated that it would be unfair to waive the fees at one hearing and expect payment of the fees at another just because the Planning Commission could not attend the hearing. He noted that the fees themselves include staff time and questioned the additional $100 when the staff has already been figured in. Councilman Alongi stated that his major __ concern is the $100 charge just because a Commissioner cannot be present and the person will be hit with another fee. Building and Safety Manager Russell stated that the $100 was charged when the Council sat the Hearings previously. Councilman Alongi stated that if the City is going to charge the public for recovery cost then there must be something incurred before it is recovered. He noted that the Council sat on the Committee and was not paid for that action. He explained that in his opinion if the City was charging $100 before, then we were charging for something that was not rendered. Councilwoman Brinley questioned the verbiage of the Ordinance. ci ty Attorney Harper stated that was the purpose of the revision, was to clean up and change the language. Mayor Pro Tem Bender pointed out that the fee for the Committee was charged before, but perhaps it could be reduced to strike an even balance. He noted that perhaps $50 would be fairer amount since at some point the Commission might not be available to attend the hearing and then staff would have to be involved, and this would even out the costs to the City for staff time. He would like to see this charge set for each __ hearing and then it would even out the costs for every person. City Manager Molendyk stated that originally the purpose of the $100 was because it was suggested that the Hearings be a staff function and then Council decided to make this a Planning Commission function. He explained that this is an attempt to recover the actual cost of the Hearing and if everyone is in compliance it will cost them nothing. Mayor Washburn noted a request to speak on this item. Mariana Mohylyn, 305 West Sumner, addressed the proposed Ordinance and Resolution regarding Nuisance Abatement and Cost Recovery. She asked that this item be read in full so that the public will know exactly what the Council is voting on. She took exception to the process of Nuisance Abatement and stated that it is a form of prejudice toward the people and objected to the amount of money charged to the public for the services that they did not ask for and she stated that she felt that the City was abusing the system and taking advantage of the people. PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 ",-- up prior to the hearing, then there would never be a charge. He noted that he felt that Council was splitting hairs about ttlBo$100 or $50, because if it gets the point of a hearing, then the person does not care much about their property and he -felt that Council should not worry whether there is an extra $50 in the fee. He stated that it is the Council's and City's responsibility to recover the costs and the $100 fee would cover the two staff members if they were called upon to sit the Committee. Councilman Pape stated that he would like to see the fee remain at $100. Councilman Alongi stated that he does not disagree with Councilman Pape regarding recovery of costs, but he does not feel that the public should pay for something that is not being provided. He explained that if the cost does not exist, the person should not have to pay it. He further explained that in the past the Committee Members.were Councilmembers and there was no cost and it was agreed that the Planning Commission would now sit the Nuisance Abatement Committee and there is no charge for their services. Councilman Alongi stated that just because a member of the public violates the law the City should take the attitude to stick it to them, and noted that it was not up to the City. He explained that the only fees charged should be for what is actually spent and not what might be spent. He thanked Councilman Bender for his support, but reaffi.rmed that he felt that a Committee Member should not be charged for at all. - Councilwoman Brinley asked if the charge for the Committee was a part of the old fee schedule. Councilman Pape stated that it was. He noted that at the majority of Hearings that he attended there was a staff member and himself, rather than two Councilpersons and he felt that the costs should be recovered. Councilman Alongi stated that if a fee is charged to the person in violation, then he should have been paid for all the meetings that he sat. He explained that he does not expect the public to pay for something that they are not getting. Councilwoman Brinley stated that the Council was doing it as a public service, but staff is being paid and the city should recover the cost of their wages. Councilman Alongi stated that if staff is going to sit on the Committee on a full time basis then the City should recover their wages, but it will be sat by Planning commissioners and the public should not be charged. He explained that if the City wished to charge the fee for staff then the Planning Commission should be removed and staff should be placed as the Committee. Mayor Pro Tem Bender stated that he felt that the Council was in agreement regarding the fact that part of the time if the Commissioners are present at the hearings, the people do not get charged, but when staff people must sit the hearings, then there is a charge since the city is paying the staff person to be there. He exnlained that 50% of the meetinas that he PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 RESOLUTION NO. 95-8, AMENDING THE COST FOR A COHHITTEE MEMBER TO $50 UPON TaE FOLLOWING ROLL CALL VOTE. THE MOTION FAILED TO CARRY ON A VOTE OF 2 TO 3 WITH BRINLEY, PAPE AND WASHBURN CASTING THE DISSENTING VOTES. MOVED BY WASHBURN, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 994 AND RESOLUTION NO. 95-8 AS PRESENTED: ORDINANCE NO. 994 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, __ CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 18 OF TITLE 8, OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO NUISANCE ABATEMENT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILHEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILHEMBERS: NONE ABSENT: COUNCILHEHBERS: NONE ABSTAIN: COUNCILHEHBERS: NONE RESOLUTION NO. 95-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FEES FOR THE COST RECOVERY OF NUISANCE ABATEMENT. 34. Resolution to Adopt the National Pollutant Discharge Elimination System (NPDES) Permit Proqram Budqet for Fiscal Year 1995/96. and Approve a Tentative County Service Area __ (CSA) 152 Assessment - Resolution No. 95-11. (F:81.1) City Manager Molendyk highlighted this item. Mayor Washburn questioned the formula for this assessment. Mr. Tecca explained and stressed that this is the permit for the handling of storm water run-off. Councilwoman Brinley inquired whether other area cities would be similarly impacted. Mr. Tecca indicated that the City joined this effort with 12 other cities and all would be similarly impacted. City Attorney Harper clarified that while the formula is the same for all of cities, there will be a difference in the impact because there are varying numbers of parcels and types of land uses. RESOLUTION NO. 95-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING THE DATES FOR COUNTY SERVICE AREA 152 - LAKE ELSINORE TO FUND CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM INPDES) PERMIT PROGRAM. PAGE SEVEN -'CITY COUNCIL MINUTES - FEBRUARY 28, 1995 - He stated that the City could recoup the costs through a lien or make it the responsibility of the property owner. City Manager Molendyk stated that it is the intent of staff to get direction from Council and noted that according to .the City Attorney the City is limitedon.how to recoup the costs if this type of program is provided. ' City Attorney Harper stated that as soon as a city gets more involved in a program that physically assists in relocating a resident or entering into an ~greement where a resident can be relocated, the City ends up exposing themselves to substantial liabili ty. He gave some examples of potential property damage to the hotel, and suggested that if a grant is given, it does not mean that they will spend the money on shelter. city Attorney Harper pointed out that if the city assumes the liability of relocation, but cannot protect the furnishings or furni ture the City becomes liable for that as well. He explained that if the Council wished to pursue this action, it might come down to a case by case determination by staff. City Attorney Harper stated that there is no difficulty in attaching a lien on the property where it has been through the nuisance abatement hearing process, but there is more difficulty in attaching a lien where there is no hearing process. He explained that for the City to lien property, the City must conduct a due process hearing with the right of appeal. He noted that in some instances the City's ability to recover funds is limited. - Councilman Alongi stated that he has confidence in the judicial system regarding contracts of agreement. He stated that the City should contact the motels that are interested in this project and develop an agreement that would hold the city harmless for any damage the tenant might do to the room. He noted that the money for paYment would go d~rectly to the motel and not to the tenant. He stated that there needs to be a list of requirements to allow a tenant to qualify. Councilman Alongi gave examples of the different types of situations that the City should address. He suggested that the recommendation for assistance should come from Code Enforcement and be approved by the City Manager. He compared this to building a home and stated that this is the first step much like the foundation. He suggested that L. E.A. F. might be contacted to see if they would house the animals of displaced persons, which would solve the problems of the persons pets. Building and Safety Manager Russell stated that he had contacted the various animal shelters in the area and they advised that they do not provide that type of service. Councilman Alongi stated that since L.E.A.F. contracts Animal Control with the City, they need to have a program that will work along with this one. He stated that all these things can be resolved, and pointed out that it is just one more step that the City needs to take. Councilman Alongi stated that he does not expect an approval on this issue this evening, but he stated that he does expect a follow-up and study done on this problem from staff and Council. He explained that this should be put in effect so that the City does not have a fathe~ and his three children sleeping in a car because the landlord neqlected the property. PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 Councilwoman Brinley stated that as far as liens on property, it could take as much as 5, 10, or 20 years. She noted that if the property goes into foreclosure the City might not be able to recover any money. She suggested that the City might look into the possibility of posting a rental bond and explaining how the process works. She noted that the City needs to find a way to make a program of this nature be cost effective. Mayor Pro Tem Bender stated that there is potential for a number of problems, and explained that he has a dilemma seeing the City become involved in this particular position. He _ noted some examples of the pros and cons of this program. Mayor Pro Tem Bender asked if there are other cities who have a similar program close to what is being suggested it would be appropriate to solicit and evaluate their experiences. He stated that this would identify the liability the City would incur and what tasks would need to be performed. He explained that this would give a better model to base discussion upon. City Attorney Harper stated that he was aware of no City with this type of program, primarily because the issue is handled through County housing. He explained that when this situation arises, the first contact is with HCD or the equivalent County agency, and then the County finds replacement housing. Building and Safety Manager Russell stated that he knows of no other City with this type of program. He explained that a temporary housing program can only be that, temporary. He noted that it could not be for more than two or three days, otherwise this would become a social program that the city cannot afford. Mr. Russell stated that what he needs is some basic guidelines of what the Council would like staff to pursue. He asked if they would like a temporary sheltering program, the opportunity to refer them to a County agency for more permanent help, etc. He explained that most of the time __ when families are vacated on very short notice, it is because of the unhealthful and unsafe condition that they live in and mayor may not have been caused by themselves. He noted that the landlord blames the tenant for the living conditions and the tenant blames the landlord. He explained that staff is not there and cannot make that determinations in regard to fault; staff can only determine if it is an unhealthful or unsafe condition for the person to habitate. Building and Safety Manager Russell stated that if Council would like to have staff pursue a different process, then staff will research that as well. He asked for Council direction. Councilman Pape stated that everyone on Council would like to help those less fortunate than themselves, but looking at the proposal for either short term or long term. He asked how the tenant would come up with the money in two or three days to place a first and last months rent deposit, rent a moving van, turn on utili ties. He explained that if they have enough money for that, then they would not need the City to intervene. Councilman Pape stated that he does not see where two or three days will be of much help, but rather a long term period is what will address the Droblems. He eXDlained that PAGE NINE - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 - Government must take responsibility for someone's situation and how they are living. He stated that he does not see the City as the one to initiate that action. He stated that if a person does need some help and direction on where to go and what to do, then the City can provide a list of County agencies and phone numbers, and let those services already in place do their job. Mayor Washburn stated that this is a difficult matter at best and pointed out that there are some persons who are homeless and even with vouchers will not stay in a facility. In the past the churches have rallied to find owners that may have apartments or homes to assist on an emergency basis. He explained that once a City goes down the road of social services it never ends. He pointed out the suggestion made by Building and Safety Manager Russell regarding annual inspections of apartments to insure that they maintain a certain level of standards for apartments. He noted that there are, through the County and other agencies, assistance programs. He cited Hemet' s use of the old YMCA building used by Valley Shel ter for the homeless and in an emergency si tuation persons could be transported there and receive help. Councilwoman Brinley stated that possibly the City could assist in making a list of facilities and agencies for referral, to assist in cases when persons are vacated due to unsafe condi tions. She stated that this would provide options. - Mayor Washburn agreed with Councilwoman Brinley and stated that he did feel that it was the responsibility of the City to provide a list of agencies and their phone numbers for assistance. - Councilman Alongi stated that as elected officials he feels that it is a responsibility to the people. He explained that if it were not for the tax dollars there would not be the social service programs to protect children. Councilman Alongi stated that he felt that Council should not look at what other cities and counties do, but what this City does for its people. He explained that he does not care what takes place in Hemet or anywhere else, he cares what happens in Lake Elsinore. Councilman Alongi stated that the County has a program in which they place people, and noted that they do have a hold harmless agreement and there is one motel in this community that deals with the County. He explained that at times the owner does have problems and damage, but the County is not responsible, since the owner accepts the responsibility and whatever comes with it. He further explained that the hold harmless agreement is viable and can be put into place. Councilman Alongi stated that Code Enforcement knows the situation before it arises, that the people will have to be moved out and who is or is not a "druggie". He cited the article in the paper showing the City Code Enforcement Officer telling a man with three children that he will have to leave his apartment and be in the street and he suggested that it is not good public relations for the community. He stated that PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 something that people will line up at our door to receive and expressed his surprised at Council's comments. He noted that when it comes to big business we spend a million dollars and don't think a thing of it, but when it comes to helping the little man, then we don't give a damn. Councilman Alongi stated that it is a very serious situation with him and he felt that the City could afford the program and there is a means to recover the money which can be placed on the tax roll and collected within 12 months. He would like to see this return to a study session for further information. He explained that this program would give people the chance to put their lives in order and find accommodations that might __ not be available on such short notice. Councilman Alongi stated that churches were giving assistance, but found that they could not continue to support helping others on an individual basis and therefore H.O.P.E. was formed to combine efforts and provide more service. Mayor Washburn stated that he is not prepared to take action on this issue and agreed with Councilman Alongi that this is a much deeper issue than what is presented tonight. He explained that hearing further dialogue on this issue both pro and con will not generate any decision. He further explained that this issue is important and requires the City Attorney and staff to do further investigation. Mayor Washburn stressed that there has not been enough information provided to make a qualified decision on this issue and it needs further study. MOVED BY ALONGI TO POSTPONE THIS ISSUE AND SET A DATE FOR A STUDY SESSION THAT WOULD INVOLVE THE CITY ATTORNEY GIVING TIME FOR HIM TO INVESTIGATE THE LEGAL ISSUES INVOLVED IN THIS TYPE OF PROGRAM AND TO GIVE STAFF THE TIME TO PREPARE A MORE DEFINED AND COMPREHENSIVE DOCUMENT AND REPORT. THE MOTION DIED FOR LACK OF A SECOND. Mayor Washburn asked if this was a burning issue and __ questioned how many homeless the City has. Councilman Alongi stated that it is not a question of homelessness. Councilman Pape stated that there are 32 homeless persons in the city. Mayor Washburn stated that when people are removed due to unsafe conditions, the City staff does know approximately when this will occur and it can be addressed in a much different way. Councilman Pape commented regarding liens on property, and pointed out the lack of paYment of utilities on the property which is not the fault of the landlord, but still causes unsafe living conditions. He explained that he is not willing to assist persons who have not paid their utilities. Councilman Pape stated that properties do not get into poor condition overnight and he feels that there is ample opportunity to do something about the situation, whether it is wi th their landlord or by moving. He stated that he felt that PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 - about the landlord who includes the payment of trash and water, and when the landlord does not pay the water, then Code Enforcement must vacate the family because of the conditions, which is not the fault of the family. Mayor Washburn stated that this brings to the forefront the i~ of whether the units in the are habitable to the persons that are renting them and is an issue which needs to be addressed. MOVED BY BRINLEY TO PLAN A STUDY SESSION TO CONSIDER THE ISSUES FURTHER. MOTION DIED FOR LACK OF A SECOND. MOVED BY WASHBURN, SECONDED BY PAPE AND CARRIED BY A VOTE OF 4-1 WITH ALONGI CASTING THE DISSENTING VOTE TO TABLE THE ITEM REGARDING A RELOCATION PROGRAM FOR DISPLACED TENANTS. THE CITY COUNCIL MEETING WAS RECESSED AT 8:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:20 P.M. PUBLIC COMMENTS -NON-AGENDIZED ITEMS Mariana Mohylyn, 305 W. Sumner, noted discussions by area religious groups to present an Easter event at the Stadium and supported this program. She commented on homelessness and the importance of property ownership. - Aggie Goodacre commented on the recent death of Officer Chuck Mason and his services to the Community. She noted that he was survived by his wife and 9 month old son and advised that a fund has been set up through the Sheriff's Department for his son's future education needs. Chuck MCColley, 29072 Palm View, commented on the Lake Elsinore Storm Booster Club and explained their efforts to support and assist the team. He encouraged participation in the club and as volunteers and announced that the team will arrive on April 2nd with a dinner at the Stadium Club on April 3rd. He advised that tickets are $20 and information can be obtained from Aggie Goodacre. Chris McColley, 29072 Palm View, advised that she was representing the Silent Majority of the Community and praised the actions of the city Council and staff. She stressed the positive improvements to the City and expressed appreciation for the professional manner in which business is handled. She thanked the City Council for their dedication and thanked their families for their sacrifices. CITY MANAGER COMMENTS city Manager Molendyk requested the scheduling of a Study Session on March 9th at 8:30 a.m. for a presentation regarding Disaster Preparedness and another on the upcoming School Bond Issue. CITY COUNCIL COMMENTS - Mayor Pro Tem Bender commented on the following: PAGE TWELVE - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 3) Addressed the activities of the storm Booster Club and noted the contributions made by the storm organization to area charities. He encouraged participation and support of the Booster Club, the Team and the Stadium. 4) Announced the L.E.M.A. meeting to be held on Thursday, March 2 at 9:00 a.m. at the E.V.M.W.D. facility. He encouraged the public to attend and noted that there will be discussion concerning the future of L.E.M.A. Councilman Alongi commented on the following: - 1) Wished to recognize three members of the community and stated that he would like to see the City create a Community Award for those who serve our Community, but are never really recognized. The first is Hilda Barnhart who served the Communi ty for many, many years doing parades and other services and never received a commendation from the City for those services; the second is Pat Lovitt, of Granny's Restaurant who for several years has prepared Thanksgi ving Dinners and Christmas Dinners to help the hungry; and the third is Jeri Nordstrom who is an active volunteer for H.O.P.E. He noted that these people are not very well known in the Community, but they do a lot for the Community and he stated that he would like to see the City create some special award. 2) Addressed street sweeping and asked the residents in the valley to contact the City to let them know if they feel that the job is not being done right. He stated that the city needs to know that the residents are getting what they are paying for. He noted that what he has seen on the City streets shows him that we are not getting what we are paying for. Councilman Alongi stated that the staff members to contact are Public Works Manager Payne at the City Yard or Public Services Director Tecca in the Engineering Department. - 3) Thanked all the people in the Community for the cards and flowers that were sent to his wife. He stated that it is very heart warming to have people overlook what he does and still respect his wife and acknowledge her. 4) Stated that he will not apologize when he feels that he is insulted. He commented on statements by Councilman Pape and explained that it is necessary to know the difference between a true statement and a statement of truth. Councilman Alongi stated that Councilman Pape seems to be more interested in what he own than what the Community needs. He stated that he owns quite a few pieces of property in this community, and more than 95% of his property is in this Community and he is very proud of what he has accomplished. He stressed that he is very responsible for his properties and none have ever been delinquent, cited or abated. Councilman Alongi suggested that it seems that if someone owns property in this Communitv Councilman Pane's nercention is that thev must PAGE THIRTEEN - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 - be. He pointed out that the issue was not regarding color or design, but rather land uses. Councilman Alongi stated that he had made a mistake last week in stating that there are 13 vacancies when really there are 18 vacancies, which accounts for a 57% vacancy rate on Main and Graham and is the highest rate in the City of Lake Elsinore. He explained that he feels that the owners have the right to choose their own destiny as to what they want in those stores. He further explained that he feels that the program the City has done does not work and has caused more problems than helped. He noted the cost of buildings and rent on new buildings have come down and yet Main street must compete and is a definite problem that the City must address. Councilman Alongi commented that the property at 313 and 317 Main street is an apartment complex. He explained that he cannot help that the County is six or eight months behind recording documents, but the property does not belong to him, was sold and is out of his name, but the County has not recorded it yet. He stated that if Councilman Pape wanted to hold on to information given to him by a convicted felon in this Community, that's his problem. He noted that if Councilman Pape wanted to show real concern regarding this Community he should start reading papers from other areas, regarding the problems other cities are having with bond issues and financing. He noted an article in an out of area paper which views Lake Elsinore as "A Small Town with a Big Appetite" in the financing industry and read the article. Councilman Alongi stated that he is on the street every day and sees the needs of the City and addresses them to staff. - 5) stressed that Councilman Pape and another Council person should not bring false hopes to different people in the Communi ty , such as the library. He asked where they thought they would get $5,000,000 to build a library when the Redevelopment Agency does not have any money and the City is facing a $3,000,000 deficit. 6) Stated that he supports the churches using the ballfield, however there is a cost involved. He noted that it is a very professional facility and when a group goes onto the field, and damages the field, the ball club will demand it be in perfect condition and must be restored. He explained that those things belong to the City's staff and if Council needs something they should take it to staff and then it is brought to Council. Councilman Alongi stated that everything that is done in this Community seems to be political and that whoever is the majority on the Council has needs met. 7) Commented on the program for relocation for persons who have been evicted due to Nuisance Abatement. He explained that Property owners are the same as parents who have a responsibility to their children, and property owners have a responsibility to the property they own. He noted that our children grow up and the responsibility aoes with them. sometimes it comes home. but the - PAGE FOURTEEN - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 property, then that is what the City does and there is nothing wrong with that action. Councilman Alongi noted that Councilman Pape stated that government should stay out of this problem, but he wonders why government did not stay out of the Amber Ridge Tract. He asked why this city paid $1,000,000 on their sewer since they had won a lawsuit against the developer and should have corrected the problem themselves. He asked why the City stepped in and spent the City's tax dollars to correct the problem. He noted his surprise regarding Councilman Pape's inconsistencies and stated as an elected official he should try to be consistent. __ 8) Commented on Bonds for the last three Community Facilities Districts for capital improvements and noted that they had cost 30% more for the cost of doing business and explained that he felt that contractors should do it all and it should not be done through bond issues which create assessments on peoples properties for the property tax and the assessment. He explained that the interest rate might be lower, but they are paying 30% more for the same curb and gutter that they could have got for less. Councilwoman Brinley commented on the following: 1) Commented that Councilman Alongi views things with a jaundiced eye and stressed that the Council needs to positively represent the Community. She indicated that the Council's responsibility is to bring suggestions and ideas to staff and allow them to pursue the details. She further indicated that it is the Council's job to go out and promote the City. She noted that she feels the Council has the responsibility to address the Library for the residents. She stressed the importance of working to make the services, protection, etc. better for the residents. - Councilman Pape commented on the following: 1) Commented that it is barely a month until the Community will be welcoming back the Storm Team. He noted the excitement of the first season and anticipated increased support and excitement this season. He advised that efforts are underway to schedule additional events at the Stadium and indicated as soon as contracts are signed announcements will be made. 2) Indicated that it was nice to hear positive speakers at the podium and expressed appreciation for the "pat on the back" . 3) Responded to Councilman Alongi indicating that he has nothing against Mr. Alongi accumulating property and pursuing the American Dream, but expressed concern for conflict of interest. He indicated that after the expenditures on Main Street, he did not think reducing the restrictions on the area would be a aood id~a_ H~ PAGE FIFTEEN - CITY COUNCIL MINUTES - FEBRUARY 28, 1995 CLOSED SESSION a. Lake Elsinore Associates vs. city of Lake Elsinore - Case #200767. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:59 P.M. ,-- i THE CITY COUNCIL MEETING WAS RECONVENED AT 9:40 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED TO ADJOURN THE REGULAR CITY AND CARRIED BY UNANIMOUS VOTE MEETING AT 9:41 P.M. r A'11TES'1': n\ A.\I i~/../ ! ili .Iu~~ ~itI CfiSAD, CITY 'CLERK CITY OF LAKE ELSINORE h !J)pL . WASHBURN, HAYOR LAKE ELSINORE - --