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HomeMy WebLinkAbout05-09-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 9, 1995 ~ ***************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: BRINLEY Also present were: city Manager Molendyk, city Attorney Harper, City Planner Leslie, Building & safety Manager Russell, cOfmunity Services Director Sapp, Public Services Director Tecca; Manager of Special Projects Watenpaugh and City Clerk Kasad. PRESENTATIONS/CEREMONIALS - Mayor W~shburn noted that his intent wac to provide :i.::format:ion on the actions of th~~ city Council regarding V.E. Day in 1945, however the information was not located. PUBLIC COMMENTS - AGENDIZED ITEMS Requests \/ere recE.;~ved to address ths followi.ng itell!~ C:;.lld defeL're:1. to those discussicns~ Item Nos. 9 and 21. CONSENT CALENDAR Th2 follc\dng items were pulled from the Consent calencar :[I')r further ui~cussion and consideration: ~tem Nos. 7 and 9. MOVED BY BENDER, SECONDED SY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ~PPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approve~: (r:44.4) a. Regular City Council Mee'ting - }\~pril 25. :'.935. - PAGE TWO - CITY COUNCIL MINUTES - KAY 9, 1995 5. Ratified Warrant List for April 28, 1995. (F:12.3) 6. Adopted Resolution No. 95-29 relating to stop Sign Controlled Intersections Heald Avenue/Adam Avenue & Richard Street/Illinois Street. (F:162.2) RESOLUTION NO. 95-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. - 8. Approved the following Cost Recovery for Abatement and authorized the placing of a special tax lien against the annual tax bill through the Riverside County Tax Collectors Office: (F:32.4) a. 1113 Buchanen - Harold & Faith Hulsen. ITEMS PULLED FROM THE CONSENT CALENDAR 7. Traffic Safety proiect Grant - Resolution No. 95-30. (F:84.1) (X:127.2) Councilman Alongi requested an explanation of this item. Lt. Kestell explained this item which would allow for agreements with other agencies to provide 28 D.U.I. checkpoints in the three cities and the county area. He explained the joint operations as proposed and noted that this grant may also include safety classes to increase awareness. Councilman Alongi inquired whether these operations would occur within city limits. Lt. Kestell indicated that there will be at least one each month within the city. - MOVED BY ALONGI, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 95-30 ACCEPTING THE GRANT FUNDING AND AUTHORIZING EXECUTION OF NECESSARY AGREEMENTS. RESOLUTION NO. 95-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSIN~RE ACCEPTING GRANT FUNDS AND AUTHORIZING A CONTRACT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES. 9. Set Public Meeting/Hearinq Dates - utility User TaA. (F:30.4) Mayor Washburn noted requests to address the Council on this item and recognized those people as follow: Jeannie Corral commented on the proposed utility Tax and suggested that placing a shelf life on the tax might make the proposal easier to sell to the public. She suggested that if it is proposed to start at 6%, possible it could be patterned for 6% the first year, 5% the following year, etc. She furth~r Sllocrpst-pn t-h;llt- t-h... ....;lIV 'h... ,..,,1 ..roon ~ "" .. ........."".......~ ,.........-'1 PAGE THREE - CITY COUNCIL MINUTES - KAY 9, 1995 MOVED BY BENDER, SECONDED BY WASHBURN TO SET THE PUBLIC MEETING FOR JUNE 13, 1995 AND PUBLIC HEARING FOR JUNE 27, 1995, TO CONSIDER AUTHORIZATION FOR THE 6% UTILITY USER TAX RATE. PUBLIC HEARINGS - 21. Resolution No. 95-31. for Adoption of the National Pollutant Oischarqe Elimination System (NPDES) Permit Assessment usinq County Service Area (CSA) 152. (F:~~.3) city Manager Molendyk introduced Jason Christie representing Riverside County Flood Control District; Teresa Summers representing the County Administrative Off ice, the ci ty' s Engineering Manager Ray O'Donnell. Teresa Summer, Public Information Coordinator for the County Administrative Office, explained this program which targets polluted storm water, which began with the revision of the Clean Water Act. She detailed the services which are allowed to be a part of this program. She stressed that this program is federally mandated, however, no federal funding has been provided and as a consequence is being passed on to the residents. She indicated that 16 cities in the County have already agreed to join this Community Services Area. She further indicated that the assessment will occur as a line item on property tax bills. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:16 p.m., asking those persons interested in this item to speak. The following people spoke: - Ron La Pierre, 16867 Wells Street, questioned how the rates for this program have been determined, and whether the rate in all of the cities are the same. Ms. Summers explained that each city sets its own rate and all of the cities differ. Engineering Manager O'Donnell indicated that the rate is based on the budget for necessary clean-up. He further indicated that the budget is $149,000 spread over 6,000 parcels for a rate of $13.88. Mr. La pierre questioned the inclusion of Street Sweeping in this budget, when the city already receives Street Sweeping services from CR & R. Mr. O'Donnell indicated that this is done by the trash collector and is not part of the city's program. Ms. Summers clarified that street sweeping was only an example of allowable expenses; and some cities have included it in this program. Mr. La pierre questioned the budget breakdown for the city's program. Mr. O'Donnell advised that the budget includes approximately $80,000 for cleaning of catch basins and litter; approximately $55,000 for City administration of the program and $12,430 for county Administration of the CSA. - Jeannie Corral, 16410 E. Lakeshore Drive inquired how the _______ .! _ ___..!~___...:J ....._.... .c___..__~'." ..:..... .....,.::" ""'_ ___.:+-___~ ~......,.lI PAGE FOUR - CITY COUNCIL MINUTES - KAY 9, 1995 Ms. Corral questioned whether the City would be fined for contamination of the Lake generated upstream; and whether this would increase the assessment amount. Mr. Christie concurred that there are a number of factors which impact the Lake and explained the limited ability to correct some factors. Antonio Arrieta, 315 N. Poe street, indicated that he does not mind the fee as discussed, but stressed the importance of keeping it at a minimum. He indicated that this assessment should stay low, because it will most likely go on forever. He noted that the cost on his property tax bill will be $11.88. - Chris Hyland, 15191 Wavecrest Drive, questioned why Mr. Arrieta's bill will be only $11.88 when hers will be $13.88. She questioned how to correct urban run-off problems when Eastern Municipal Water District is building a project which would allow reclaimed water to flow into the Lake. Mr. O'Donnell indicated that he was not certain why there was a cost variable between the two residents, and indicated that he would need to address that matter directly. Bob Saldo noted that this assessment is based on the existing parcels and inquired what will happen with growth. He inquired whether it would be reevaluated and reduced where possible. Mayor Washburn indicated that it would be reevaluated. Richard Bullard, 359 Avenue Two, agreed that there is a need to keep the storm water run-off clean, but expressed disagreement with unfunded mandates. Peter Dawson, 18010 Grand Avenue, questioned the County area within the 800 square mile watershed area, and what areas have not joined CSA 152. He also inquired whether there is an alternate plan to allow for equity if they do not participate. Mr. Christie advised that San Jacinto will consider participation on May 23rd, which will leave only Canyon Lake, Perris and Hemet not participating. He indicated that Canyon Lake and Perris have not addressed the matter and Hemet has a utility tax designated for this program. - Mr. Dawson expressed concern that the biggest problem for the Lake is phosphates and nitrates, and by excluding the farms upstream from regulation, this problem is not addressed. Mr. Christie clarified that while farms are excluded from this program, they are required to obtain permits from the Regional Water Quality Control Board. Mr. Dawson stressed the importance of keeping this equitable for everyone. Mariana Mohylyn, 305 W. Sumner, expressed concern that this assessment is too high, and expressed hope that this program could be funded by the City treasury. She expressed disapproval of this assessment and stressed the hardship this assessment would pace on residents. Mr. La pierre requested clarification that this was a &_...::11___' ,__ ___...::11_._....3 _______ __..!L.'I- __ ~___...:I':'__ .&..._ ___.!. _.&... ..L.."--_ ., ___, PAGE FIVE - CITY COUNCIL MINUTES - MAY 9, 1995 understanding expressed by residents. He expressed concern that there is fertilizer being dropped upstream every day which impacts this area. He concurred that this appears to allow for an imbalance between agricultural uses and residential uses. Mr. Christie concurred that there is the appearance of an imbalance. - Councilman Pape concurred with earlier comments and suggested that the best idea is to get Washington to fund the mandated items. He commented that he would hope that the benefit of this program would be seen in results on the Lake. Councilman Alongi commented that it never ceases to amaze him that the working person has to pick up the bills. He noted the similar impacts of endangered species, and suggested that this type of problem has existed for many years. He expressed concern that approximately 43% of the funds in this budget are for administration. He suggested that people might be willing to assist in this program without this cost factor. He indicated that no matter what the Council does it will be wrong and commented that he is not happy about this requirement. Mayor Washburn stressed that this is a mandate from the federal government, but commented that it is good for the community to assure clean up and treatment of toxins. He noted that in this case it will not be enough to clean the Lake, as that would cost approximately $1 million a year or more. He stressed that this is a start for the needed clean up. - MOVED BY BENDER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 95-31 TO SET CSA 152 ASSESSMENT PER BENEFIT ASSESSMENT UNIT (BAU) AT $13.88 PER YEAR. RESOLUTION NO. 95-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING THE RATES FOR COUNTY SERVICE AREA 152 - LAKE ELSINORE TO FUND CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM. BUSINESS ITEMS 31. Second Reading - Ordinance No. 996 - Relatinq to Development Aqreements. (F:60.1) MOVED BY WASHBURN, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 996 UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 996 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 19 BY THE ADDITION OF CHAPTER 19.12 TO PROVIDE FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS. UPON THE FOLLOWING ROLL CALL VOTE: - PAGE SIX - CITY COUNCIL MINUTES - MAY 9, 1995 32. Second Reading - Ordinance No. 997 - Relating to Number of Animals Allowed in Residential Areas. (F:172.2) MOVED BY PAPE, SECONDED BY BENDER TO ADOPT ORDINANCE NO. 997 UPON SECOND READING BY TITLE ONLY. Councilman Alongi noted discussion at the last meeting concerning a provision to address off-spring of the permitted animals. He indicated that there will be immediate violations of the ordinance as proposed. He suggested an allowance of six months or until the animals are weaned. - Mayor Washburn expressed understanding of the concerns, but clarified that a revision of the proposed ordinance at this time would require another first reading. Councilman Alongi stressed the importance of adopting a complete ordinance. He suggested that his request is simple and indicated that he could not support the ordinance as is, because of the potential for violations. Mayor Pro Tem Bender indicated that he was in concurrence with the Planning Commission discussion. He reiterated that they felt it would be. difficult to set a time limit which would be all inclusive. He indicated that he did not concur that there would be a lot of violations. He further indicated that it was well discussed at the Planning Commission and he would suggest approval of the Ordinance. Councilman Pape concurred that this was discussed at the last Council meeting as well as the Planning Commission Meeting. He stressed the significant difference between breeds of animals, and the difficulty in making the ordinance more specific. He commented that he felt this ordinance was the best approach. Councilman Alongi suggested all factors of the ordinance at this time. He stressed the need to place an age limitation on the allowed animals. He indicated that the Norco Ordinance is very structured. He reiterated his concern that the ordinance will be quickly violated. - ORDINANCE NO. 997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE R-A (AGRICULTURAL RESIDENTIAL) ZONE BY CHANGING THE TITLE FROM R-A TO R-E (RESIDENTIAL ESTATE), AMENDING THE DEVELOPMENT STANDARDS BY MODIFYING SECTION 17.20.030, 040 AND 120 WITH RESPECT TO THE NUMBER OF ANIMALS ALLOWED AND BY CLARIFYING WHAT IS CONSIDERED A COMMERCIAL USE (ZCA 95-1). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BENDER, PAPE, WASHBURN NOES: COUNCILMEMBERS: ALONGI PAGE SEVEN - CITY COUNCIL MINUTES - MAY 9,. 1995 last year. MOVED BY PAPE, SECONDED BY ALONGI TO ADOPT RESOLUTION NO. 95-32 AND ADOPT ORDINANCE NO. 998 UPON FIRST READING BY TITLE ONLY. RESOLUTION NO. 95-32 ,-.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE STATING INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. ORDINANCE NO. 998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE 34. Ordinance No. 999 - Establishinq Guidelines for Processing those Claims for Monev or Damaqes not now Governed bv state or Local Laws. (F:S2.1) city Attorney Harper explained the state statute which relates to this item and detailed the requirements of the Insurance Authority. - MOVED BY ALONGI, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 999 UPON FIRST READING BY TITLE ONLY. Mayor Pro Tem Bender requested clarification of this change. City Attorney Harper clarified the exemption and the ability for local agencies to enact an Ordinance to eliminate the exemption. He further clarified that the insurance carrier feels this is necessary based on the amount of claims being filed statewide. Mr. Bender concurred that this sounded like a reasonable approach. ORDINANCE NO. 999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING GUIDELINES FOR PROCESSING THOSE CLAIMS FOR MONEY OR DAMAGES NOT NOW GOVERNED BY STATE OR LOCAL LAWS. UPON THE FOLLOWING ROLL CALL VOTE: - 'It.vva. ,.nnV,.TT.UVU1:t1:''Da. 1I.T.nVr.!.T 1:t1l'1\Tn1l''D 'D1I.'D1l'. W1I.CfV'RTT'DN PAGE EIGHT - CITY COUNCIL MINUTES - MAY 9, 1995 Consideration. (F:6S.1) (X:10S.3) City Manager Molendyk explained this item and the previous considerations. He indicated that based on the current budget consideration, it cannot be recommended that the contract be continued after June 30, 1995. Nick Nash, President, Chamber of Commerce, thanked the Council for the opportunity to address this item and requested continuing support for the next six months. He noted the professional development which has occurred and the goals established by the Board. He detailed the activities planned and the effort to date, with regard to fulfillment of the Agreement. Larry Regis, 2nd Vice President, noted that he has been in the community for the last two years and stressed the growth he has seen in the business community and the Chamber in that time period. He detailed the efforts and participants of the Economic Development Committee of the Chamber, and presented the Council with a Business Development packet developed by that Committee. He stressed the importance of allowing for the exchange of opinions and setting aside personal difference to accomplish the common goals of the City and Chamber. Aggie Goodacre, Member of the Board of Directors, Chamber of Commerce, noted the future potential for the local business community. She stressed the necessity to work together to establish good, functional programs to guide the future of the Community. Antonio Arrieta, 315 N. Poe Street, expressed concern with the Chamber of Commerce and noted the response received when he requested assistance from them to retain the former First Trust Bank facility in the Community. He indicated that he does not feel the City should give the Chamber any money. He noted the amount of funds collected from the Rodeo and other events. Councilman Alongi commented ont he money already given to the Chamber of Commerce, and indicated that a proper accounting was not received. He further indicated that the BID district funds require a budget for the proposed expenditures. He stressed that the Chamber received money they should not have received. He stressed the limitations of this year's budget and suggested tuning in on Thursday night to debate this issue Councilman Pape commented that the Council entered in to an agreement for $25,000, of which only half has been paid to the Chamber, with the other half owing. He suggested that the $7,000 in BID district funds can be used downtown to provide the winterfest this December. He stressed the importance of this function to the Community. He indicated that he would like to revisit this issue after the budget discussions to look at continued funding. Mayor Pro Tem Bender concurred for the most part with f"'l""\l'n,....;'Tn~'I"\ 'D~'t"\O Y'\~...........;,...,"~......."J" T..y;....h ......~,..,.!:lI......~ ....,..." ....'h~ ~;" ......."""""+-l-t. - - PAGE NINE - CITY COUNCIL MINUTES - KAY 9, 1995 - Mayor Washburn thanked the Chamber for their efforts during the last few years. He noted the active support the Lake Committee, and stressed the effort to bring the agencies to together to address the Lake. He concurred with the commitment for six months of funding and the recommended payment of $12,5000. He questioned the City Attorney with regard to termination of the existing agreement . City Attorney Harper clarified that the term of the current agreement is to June 30, 1995, and any further request or extension would return to the Council after that date. MOVED BY BENDER, SECONDED BY WASHBURN TO RELEASE THE $7,000 FROM THE BID DISTRICT FOR CHAKBER USE WITH AN ADDITIONAL $5,500 FROM THE CITY FOR USE AS THEY SEE FIT PER THE CONTRACT, WITHOUT RESTRICTION. Councilman Alongi stressed the prior consideration suggested that Mayor Pro Tem Bender's position on the matter has changed. He suggested that the Chamber does not necessarily qualify of the BID district funds. He indicated that they have already received $12,500 in violation of the Council motion. He further indicated that it is not fair to insist that the Chamber work with the D.B.A. He stressed that he did not believe the residents should pick up the expenses of the Chamber. Mayor Pro Tem Bender stressed that his recommendation was for $5,500 from the General Fund and $7,000 from the BID district. He noted that this matter has remained in the city's hands even after it was agreed to put the bickering to rest. He indicated that it is irresponsible to rediscuss and mandate that they spend the funds within the BID district. - Councilman Alongi reiterated his concerns with regard to the BID district $7,000. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1, WITH ALONGI CASTING THE DISSENTING VOTE AND BRINLEY ABSENT. THE CITY COUNCIL MEETING WAS RECESSED AT 8:34 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:36 P.M. PUBLIC COKKENTS - NON-AGENDIZED ITEMS Lila Cardoza indicated she would postpone her comments. Chris Hyland, 15191 Wavecrest Drive, clarified previous comments regarding the Recall. She detailed her concerns with Councilmembers Bender and Pape. She suggested that the City get rid of consultants and commented on the expenses of the Amber Ridge Sewer System. Mariana Mohylyn, 305 W. Sumner, noted the widespread commemorations of V.E. Day, congratulated American soldiers for the~r ef~oLts, and stressed the importance of freedom. -- CLOSED SESSION PAGE TEN - CITY COUNCIL MINUTES - MAY 9, 1995 THE CITY COUNCIL MEETING WAS RECONVENED AT 9:14 P.M. NO ACTION TAKEN. CITY MANAGER COMMENTS No Comments. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) Noted an RTA Press Release regarding free rides on May 15th. - 2) Noted the letter from Mr. Sherfey. 3) Announced that Amber Ridge only has 25 hook-ups to date, and expressed concern with the City's $3.7 deficit. 4} Noted the National Association of Postal Workers Food Drive on Saturday May 13th and encouraged residents to assist with food. 5) Deferred other comments to Thursday and reminded the Community of his show on King 3. 6) Read a letter received, requesting no new taxes. Councilman Pape had no comments. Mayor Pro Tem Bender commented on the following: 1) Noted that while on a trip to Northern California, he stopped and obtained information at Clearlake. He stressed that their efforts to solve similar problems have been underway for 20 years and the problems are still not solved. He noted that they also have to deal with water districts, state agencies, County government; so there is much to be learned from them. He indicated that he passed the material on to City staff and Chamber staff for follow-up. .... Mayor Washburn had no comments. ADJOURNMENT THE CITY COUNCIL MEETING WAS ADJOURNED AT 9:16 P.M. A"r'I!'EST: . G/ o J)~ f^ ~w:Jlt wdcL- GAR M. WASHBURN, MAYOR CIT OF LAKE ELSINORE \