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HomeMy WebLinkAbout06-27-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 27, 1995 -- ***************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Administrative Services Director Boone, City Planner Leslie, Building and Safety Manager Russell, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Kelley, City Attorney Harper and Deputy City Clerk Bryning. PRESENTATIONS/CEREMONIALS A. proclamation Temescal Canyon High School Grad-Niqht Committee. IF'': /l.fl. L) Mayor Washburn gave a brief overview of the purpose of Grad- Night and stated that it was a total success and introduced Peggy LaPorte, Co-chairman of the event. He then read the proclamation. Mrs. Laporte thanked the Mayor and Council and explained that Grad-Night was for the graduating Seniors and was designed to provide a safe and sober environment for the kids to celebrate their graduation. She then introduced Mr. Steve Wallace, Chairman of the Building Committee. Mr. Wallace then introduced the rest of the committee and gave a brief overview of the different activities that were provided for the Seniors and thanked the Mayor and Council. B. Awards for the Lake Elsinore Nei hborhood Pride Landsca e Contest. (F: Sc'. \ Mayor Washburn explained that the City and Elsinore Valley Municipal Water District sponsored the Lake Elsinore Neighborhood Pride Landscape contest and noted that the purpose of the program was to promote neighborhood pride, to assist in'providing landscaping education and incentive, and to recognize the positive values represented by a well kept 1_ ____ ...____..._ T.T__l-..'L-...........~ f""1_~rn",..."..; +--.:r C!O"""''''IT; rroc M::::IIn::::llrTilClr 'R.ilClQ,r ;:::ann PAGE TWO - CITY COUNCIL MINUTES - JUNE 27, 1995 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration. Items Nos. la, 1b, 1c, 1d, 2, 3, 4, 5, 6, 7 & 8. ITEMS PULLED FROM CONSENT CALENDAR 1. Minutes.(~:4~.Y) - a. City Council Study Session for June 8, 1995. b. Regular City Council Meeting for June 13, 1995. c. Planning Commission Meeting for June 7, 1995. d. Design Review Committee Meeting for June 7, 1995. Councilman Alongi stated that since he did not receive his packet until Monday he has not had an opportunity to do a complete review of the Agenda and therefore does not feel that he is qualified to vote unless there is proper discussion. MOVED BY PAPE, SECONDED BY WASHBURN AND CARRIED BY A 4-1 VOTE WITH ALONGI ABSTAINING TO APPROVE THE MINUTES FOR CITY COUNCIL STUDY SESSION OF JUNE 8, 1995 AND THE MINUTES FOR THE REGULAR CITY COUNCIL MEETING FOR JUNE 13, 1995; RECEIVE AND FILE THE PLANNING COMMISSION MINUTES FOR JUNE 7, 1995 AND DESIGN REVIEW COMMITTEE MINUTES FOR JUNE 7, 1995. 2. L.E.A.F. Animal Control Activity Re~ort - May, 1995. (f:I~.4) Councilman Alongi stated that due to the budget cuts he would remind citizens in the community to be more responsible for their pets and get them neutered and spayed to prevent unwanted animals. He explained that euthanasia is very expensive and can be avoided allowing the money to be put to better use. - MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND FILE THEL.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR MAY, 1995. 3. Warrant List for June 15, 1995. (f: \').. ~) Councilman Alongi stated that he will have to abstain since he did not have the time to do a complete review of this item. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY A 4-1 VOTE WITH ALONGI ABSTAINING TO RATIFY THE WARRANT LIST FOR JUNE 15, 1995. 4. Riverside County Habitat of Murrieta _, ____--'---..! ___ _.L .&-L_ .!.L.__ 'k/l_...._~ PAGE THREE - CITY COUNCIL MINUTES - JUNE 27, 1995 MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AMENDMENTS TO THE AGREEMENTS WITH RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY FOR THE ADDITION OF THE CITY OF MURRIETA TO THE AGENCY. 5. Approval of Gunnerson Street Improvements- Riverside Drive to Debrask Avenue. tf:lSc..;l) Mayor Washburn stated that during the winter rains Riverside Drive and Gunnerson Street were closed to traffic due to flooding. He explained that Caltrans is raising Riverside Drive to mitigate the flooding problem and the City proposes improvements for Gunnerson Street to conform with the raised intersection of Riverside Drive. MOVED BY WASHBURN, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE GUNNERSON STREET IMPROVEMENTS FROM RIVERSIDE DRIVE TO DEBRASK AVENUE AND AUTHORIZE APPROPRIATION OF $207,000.00 FROM THE 1995/96 CAPITAL IMPROVEMENT BUDGET. 6. ChanGe Order No. 1 for Illinois Street Improvements and YarborouGh Park Allev Improvements. (r:IS,.2) Councilman Alongi questioned the need for the City to do the work that he feels is the responsibility of E.W.D. since it is their water line and they should be the agency responsible for the capping of their line. Public Services Director Tecca explained that in order to produce a smooth grade it requires that the City grade down quite a bit. He further explained that the water line would end up in mid air. Councilman Alongi asked if the water line was placed at its proper depth. Public Services Director Tecca explained that the line was installed years and years ago and that it is very close to the surface and needs to be addressed. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO. 1 FOR ILLINOIS STREET IMPROVEMENTS AND YARBOROUGH PARK ALLEY IMPROVEMENTS. 7. BudGet Adiustment for Fiscal Year 1995/96- Senior Center and Kids on Track. . U=: 30. \) Councilman Alongi stated that he was glad to see this item back before Council since he feels that the "Kids on Track" program is very important. He explained that he did feel that the City should get the money from other sources within the City Budget to pay for this. He suggested that the funds be taken from one or two of the maintenance accounts and placed back in the budget for this item rather than use the money from the bond issue, but stressed his approval of this project. MOVED BY ALONGI TO APPROVE THIS HIS APPROVE OF THE PROJECTS, BUT NOT HIS APPROVAL OF THE SOURCE OF FUNDING. PAGE FOUR - CITY COUNCIL MINUTES - JUNE 27, 1995 City Manager Molendyk explained that the City tried to get the total amount of $76,000 from CDBG funding, but the City could not get approval. He stated that $101,000 was cut to $35,000 for the after school Kids on Track program for both Machado and Railroad Canyon. He noted a letter that he received from Superintendent Long that stated that they could not contribute dollars, but that they would make the school sites available with custodians and would look at potential bussing, with a further evaluation next year. Dr. Long also suggested that the people involved in the program should try to augment the program from donations from the community. Ci ty Manager Molendyk explained that with the funds that CDBG will provide for the Senior's facility's utility and maintenance expenses it will reduce the amount from $76,000 to $50,000 for that item. I I - Councilwoman Brinley stated that she had received phone calls from the public in support of this program and had also received phone calls of support from two of the School Board Members. She stated that she would like to see the program continue and hoped that the community would lend support. Councilman Pape stated that he appreciated the support from the Superintendent of Schools in providing the facilities and the custodians to clean up. He hoped that people would participate in fund raisers to augment the program. He stated that there might not be a need for the full $35,000 but that he does not object to setting this amount aside for the time being, but he would like to make a review at a later date after there have been donations and fund raisers. He stated that he would like to see the program continue. Mayor Washburn stated that he feels that it is a good program. THE PREVIOUS MOTION DIED FOR LACK OF A SECOND. - MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ADDITIONAL FUNDING FOR THE SENIOR CENTER AND THE KIDS ON TRACK PROGRAM IN THE AMOUNT OF $76,275 FOR THE SENIOR CENTER AND $35,600 FOR THE KIDS ON TRACK. 8. Set Public Hearinq on July 11, 1995, for the consideration of the ado tion of Ordinance the revision of the Business License Ordinance. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SETTING OF A PUBLIC HEARING ON JULY 11, 1995, FOR THE CONSIDERATION OF THE ADOPTION OF AN ORDINANCE REGARDING THE REVISION OF THE BUSINESS LICENSE ORDINANCE. PUBLIC HEARING Zone Code Amendment Residential District. No. 95-3 (F: l':l,.. 1.) Reqardinq Fencinq in 21. City Manager Molendyk gave a brief overview of the project and explained that the amendment would allow for block walls on ..L.1_ _ _.L....___.t- PAGE FIVE - CITY COUNCIL MINUTES - JUNE 27, 1995 - Councilwoman Brinley noted that action and stated her approval explained that this would relieve up-grade the wood fencing used. Councilman Alongi stated that it is the responsibility of Council to try not to increase the cost of building houses, but rather to decrease the cost and pointed out that there are other way of providing a suitable wood fence than by adding additional costs like steel posts. He explained that the posts would have to be custom made and require special hardware which drives up the cost. He pointed out that steel posts will break and deteriorate. Councilman Alongi pointed out that the cost of materials to build is going up and the cost of housing is going down. He stated that he felt that Council should not add to the cost of housing. she was in favor of this of the ordinance. She the cost of block wall and MOVED BY BRINLEY, SECONDED BY BENDER AND CARRIED BY A 4 TO 1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE THE FINDINGS AS FOLLOWS: FINDINGS: 1. As stated in the adopted Environmental Impact Report for the City's General Plan, any project consistent with this said document will not create any significant impacts on the environment or any potential impacts will be mitigated. 2. This proposal will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to property or improvements in the neighborhood or within the City. 3. The proposed action is consistent with Goals, Objections and Policies of the City's General Plan and as amended will be consistent with the standard established in the Municipal Code. AND APPROVED UPON FIRST READING ORDINANCE NO. 1000 BY THE FOLLOWING ROLL CALL VOTE: ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.14.130.D OF THE LAKE ELSINORE MUNICIPAL CODE REPEALING SUBSECTION 5 AND ADDING SUBSECTION 5 AND 6 REGARDING FENCING IN NEW RESIDENTIAL TRACTS OF 4 UNITS OR MORE. AYES: COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE. 7\DCU'T11\ T1\T_ f"'If'lTThTf"'ITT M"G'MD"G'DC . 1\T(\1\T"G' PAGE SIX - CITY COUNCIL MINUTES - JUNE 27, 1995 Meeting and Inco Homes 1S asking for consideration in modifying the fencing standards. He noted that staff's recommendation stands as previously presented. Fred Farr, Inco Homes, 250 E. Rincon Ave., STE 202, Corona, presented exhibits of the proposed fencing that they would like to produce in their tract. He explained that the fencing that they are proposing is an up-grade from fencing that would typically be allowed in other jurisdictions and pointed out that they are more than willing to use the steel posts. He presented a chart of costs for the proposed fencing. He noted that the fencing that they proposed to build will add approximately $50,000 to the project. Mr. Farr pointed out that their project was suppose to receive $700,000 of funding for Capital Improvements through the CFD and now they find that it is not going to happen, and therefore is part of the reason for the request to obtain some financial relief to the project. - Councilman Alongi asked what the additional cost per house would be. Mr. Farr stated that the cost for the fence that they are proposing will be approximately $280 per lot. He noted that the new fencing ordinance would cost approximately $800 per lot and constitutes a 50~ increase over what it costs to install a fence in other cities. He explained that the fencing that they are proposing is approximately a 20~ increase. Mayor Washburn clarified the type of fencing and costs that the new ordinance would require. Mr. Farr noted the amount of block wall that his project would be installing. Mayor Pro Tem Bender commented that he understands Inco Homes position, but pointed out his concern regarding treated fencing compared to untreated fencing as well as proposed horizontal slats used for fencing which cause problems with forced entry into yards. He pointed out that if the slat is on both sides of the fence it acts as a preventive. - Jerry Kayo, Golden State Fence for Inco Homes, stated that all fencing is nailed and pointed out the design and construction of the fencing and pointed out that both sides are capped and explained the exhibit presented by Inco Homes as well as cost. There was general discussion in regard to the design and construction of the fence as well as the merits of treating the wood. Councilwoman Brinley pointed out the difference between slats versus overlapping boards and pointed out that as the wood ages and dries that there are gaps in the fencing and she feels that if Inco uses the slats that the wood should be treated to help prevent this problem from occurring quickly. Mr. Farr stated that if this is the only issue, his company _~11 ~nnC~~Qr ~~Q ~rpa~mpn~ PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 27, 1995 Mr. Farr stated that his company is trying to come up with some solutions to satisfy both sides and pointed out Councilwoman Brinley is correct and explained that they are willing to treat the wood to prolong the life of the fence. He noted that the conditions of the City of Lake Elsinore far exceed the other jurisdictions that they have worked in. - City Attorney Harper explained that this project is unique and no matter what decision the Council reaches will not set a precedent since there will never be another project quite like this one or the problems that they have faced. Councilman Alongi stated that he feels that Council should not be involved in the design of the fencing and that it is the responsibility of staff. He explained that he prefers a natural fence and it is up to the homeowner to paint or seal their fence since this is addressed by private ownership. Councilman Alongi stated that there should be consistency in the design so that the builder will know what is expected of him. Mayor Washburn noted that there have been a number of changes in the fencing ordinance and it is hoped that consistency will be reached. He stated that he felt City Attorney Harper was correct in the fact that this project is unique and has faced many problems that no other project will face. - MOVED BY ALONGI, SECONDED BY BENDER AND CARRIED BY A 4 TO 1 VOTE WITH BRINLEY CASTING THE DISSENTING VOTE TO APPROVE A SIX FOOT (6') HIGH BOX FRAME WOOD FENCE WITH GALVANIZED STEEL POSTS (WITHOUT OVERLAPPING CONSTRUCTION), SUBJECT TO THE OTHER CONDITIONS OF LOCATING SUCH WOOD FENCING WITH FENCING TO BE WEATHER TREATED. 23. Appeal of Commercial proiect 95-1 (Jack in the Box). ~:~t.l) (.X: Si.l) MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE CONTINUANCE OF APPEAL OF COMMERCIAL PROJECT 95-1 (JACK IN THE BOX) TO AUGUST 22, 1995. BUSINESS ITEMS 31. Request for Waiver of Capital Improvement Fees Associated with the construction of 178 Sinqle Family Homes within the Town of Lucerne Tract Map (Torn Ranch) - Inco Homes. (F:\~O.~) City Attorney Harper explained that this proposal is in an attempt to help solve some of the economic problems experienced by Inco Homes due to the amount of Capital Improvements that Inco will be installing and the problems that occurred with the CFD. He stated that staff recommends approval of the waiver of fees for Capital Improvements. City Attorney Harper stated that the fees, up to this point, have been deposited in an account, accruing interest and he felt that the waiver of this fee would have no significant impact upon the ability to build a future library facility. PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 27, 1995 Mr. Farr explained that Inco Homes entered into a Funding and Acquisition Agreement with the City and within the document it contemplates the funding of approximately $781,000 worth of improvements and because of problems within the District the funding is not possible. He noted that this is not a third party, but rather an agreement which cannot be followed up on. Mayor Pro Tern Bender stated that this does not alter how he feels about the Library Fees. - Councilwoman Brinley stated that she concurred with Mayor Pro Tern Bender. She questioned the amount of fees. City Planner Leslie explained that the fees are based on lot sizes and the amount that he stated in the Agenda is not an exact. City Attorney Harper stated that this project is not being built as a single phase and in the short term the fee waiver is substantially less than the fee figures stated. He noted that in the last Agenda Report the amount was considerably less and for the first phase would be approximately $9,000. Councilwoman Brinley stated that she was not willing to waive the Library Fee. Councilman Pape pointed out the Street Capital Improvements that Inco Homes is doing and that the waiver of Street Capital Improvements should be done, but he felt that the Library fee is necessary since there is an effort in progress to build a new Library and the money will be necessary to aid that project. Councilman Alongi stated that he felt that the Library Fee should stand since everyone should pay for their fair share of the use of the Library and he could not waive that fee. He noted that with the problems that Inco Homes area is experiencing he has no problem waiving the Street Capital Improvement Fees. - Mr. Farr stated that even with the special consideration regarding the fencing and assuming the Street Capital Improvement Fee is waived as well as the Library Fee it is still only approximately 10% of what should have originally been funded through the CFD. He explained that they are settling for pennies on the dollar in regard to this project. He asked that the Library fee be waived on the first 63 lots and the balance be paid on the additional 115 lots. Mr. Farr stated that the improvements for Lakeshore will all be done in the first phase, therefore the balance needs to be toward the first phase. He stated that the waiver would be approximately $9,000. Mayor Washburn asked if Inco Homes would be receiving any reimbursements once the District has a final drawdown on the bonds. City Attorney Harper stated that there would be no refund from the bond proceeds. He explained that originally there was a dispute whether the Funding Acquisition required t-n<=> ("'i t-" t-I""\ f""'l""\nct-"Y"l1f""'t- ("'::lni t-::l1 Tmn"Y"l""\u<=>m<=>nt-C! l-l'<=> nl""\r<=>n rn::lr rnp PAGE NINE - CITY COUNCIL MINUTES - JUNE 27, 1995 Mayor Pro Tern Bender stated that he could accept the waiver of the Library Fees on the first phase since Inco Homes has made the effort to meet the City's requirements. He explained that he would like to see them get on with the next phases and the City can collect fees at that time. -- MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE WAIVER OF STREET CAPITAL IMPROVEMENT FEES ONLY. 32. ire Division - Lea ue Mayor Washburn explained that he had asked that this item be placed on the Agenda to make Council aware of the fact that there is a movement for Riverside County to split from the Inland Empire Division. Mayor Washburn has no problem with splitting from the Inland Empire Division, however he doubts that it will be approved. Councilwoman Brinley stated that she is in favor of the split since Riverside County has special needs and is a fast growing area. She cited and recent article in the newspaper which stated that Western Riverside County is one of the fastest growing areas in the State. Councilman Alongi stated that he understood why the League does not want to split in order to keep the cost down, but Riverside County is unique and we need to be separated and we do have our own unique problems here in this part of the State and we do seem to get lost in the shuffle, therefore he is in favor of the split. Mayor Pro Tern Bender stated that his only concern is that we are well known as the Inland Empire which is Riverside and San Bernardino Counties. He explained that there is a lot of economic development and marketing with the Inland Empire name and he questioned if there is a split if it would create a problem wi th those efforts. He pointed out that Riverside and San Bernardino Counties are huge geographical areas, but questioned the continued cooperation if there is a split. He stated that as far as the Division he can see the split, he just questioned the effect it would have regarding economic development. Mayor Washburn stated that he felt that it should not cause any difference regarding economic development since this is a separate issue. He stated that he supports the split since this would give Riverside County the recognition in regard to the League and our specific area. Councilman Pape stated that he felt that it was worth a try. MOVED BY WASHBURN, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROPOSED SPLITTING OF THE DIVISION BY THE FOLLOWING RESOLUTION: RESOLUTION NO. 95-43 PAGE TEN - CITY COUNCIL MINUTES - JUNE 27, 1995 33. Public Librarv - Dedication of Librarv Mitiqation Funds - Resolution No. 95-42. (F:~il\) Ci ty Manager Molendyk explained that the Friends of the Library made contact with his office regarding the potential of securing a site for a future new Library. He further explained that a site analysis was done by the County Liberian and site on the west end of Lake Elsinore was chosen as the best location. He noted that this is a request of the Friends of the Library as well as some of Council, however as was discussed we are not in a financial situation to fund this. Ci ty Manager Molendyk explained that the intent of this resolution is to support the idea of a new 35,000 square foot facility, located on the West End and that the City would pledge up to $287,000, which are the Library Fees that have been collected within the community from development which would be the City's participation and moral support of a new Library. He further explained that through County and State funding, the new branch would be built. Councilwoman Brinley stated that she and Councilman Pape attended the meetings with the Friends of the Library and explained that with the funds and support from the City and the potential site picked out, it would give them the opportunity to look into acquisition and development and allow them to proceed. She made note of the amount that will be collected from Inco Homes which would make the total amount approximately $300,000 when they build out. She gave a report of the different library facilities that she visited and what can be provided in our City. Councilman Pape stated that he feels that this is the proper time to support this and made note of the fact that a recent study was done which stated that the City is in need of a new facility. He explained that the County has informed them that they are now in a position to purchase land and start construction. He noted that approval of the resolution would place the ball back into the County's court. Councilman Pape stated that this is a positive thing and the action will let the County know that the City is in favor of this action and show our willingness by providing the Library Mitigation Fees to support this effort. Councilman Alongi asked what area is being discussed and before the City does a release of funds we must be sure that the County will support this effort. He made note of the news article that stated that the County cut library services 40%. He explained that he would love to see a new Library built in this town in any location, but the City's funds are very tight and he would not like to see the funds that are collected for the Library be spent in any way this time unless we have an actual DDA with the County committing themselves to the maintenance and staffing of the facility. Councilman Alongi stated that at this time he would like to see us hold the funds until we know exactly what the County's position is going to be a year or two years from now. _" __~ _....._ .._...: ~""' '-''''TnO r\-F - .... PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 27, 1995 Mayor Pro Tern Bender stated that the release of funds and resolution of support will show that the City's serious in its support of the acquisition of land for a new Public Library, but the resolution should include the conditions that he noted in the staff report recommending that the Friends of the Library approach Riverside County for the balance of the acquisition and development funds; and the Riverside City and County Public Library agree to fund the operation of the facility if constructed. Mayor Pro Tern Bender stated that this would remove some of the concerns Councilman Alongi and himself have. He explained that this does not mean that the movement toward acquiring a potential site and Library should be stopped. He asked that the resolution be amended. He asked if the City pledged these funds towards the project, where and how are these funds spent and who's funds get spent first. Mayor Pro Tern Bender stated that if the money from Library Mitigation Fees is spent and the Library does not come into being, then the money is gone and he would like to know that the County will be involved as well. Gary Kelley, Friends of the Library, stated that they share the same concerns, but at this time they are trying to position themselves so that when funds do come available they are ready to roll. He explained that the last time funds came up for a new Library, the City was passed over because they did not have any plans in place and that is what they are attempting to avert in the future. He explained that the Library Mitigation Funds would be used for planning, design, appraisals and it is true that the Library Mitigation Fees could be the first to be expended, but it would position them so that when the funds do become available they are ready to roll. Councilman Alongi stated that the only problem that he has with that is that there is no firm commitment from the County and the Mitigation Fees are precious and if the City might have to do something on their own and the funds are gone it would prevent us from taking action. He asked about the property and the fact that a down payment is made and the County does not come through, then the money is lost. He cited the fact that the County Board of Supervisors is cutting and not committing themselves, he would rather place the money aside until there is some firm commitment by the County. Mr. Kelley explained that the Friends of the Library is not doing anything, they are the conduit and they are committed to proceed with this effort. He explained that they organize to place the City in the position to make a positive move forward so that the City will not be passed over when the funds become available again. City Attorney Harper stated that when it comes time for the funds to be expended, they are in fact City fund collected from developers for a specific purpose, the City Council will have to approve any specific expenditure of funds. He explained that this item is directed more toward the support ~nn nh;ln~nnh;r.~l r.ommitment of the Citv for the funds without PAGE TWELVE - CITY COUNCIL MINUTES - JUNE 27, 1995 over because there was no preparation, and this action is to prevent that from happening again. She asked if there is a si te plan that has been picked out. Manager of Special Projects Watenpaugh stated that it had. Mayor Washburn stated that the needs assessment pointed out that there was a need in the west end and the site in question is in the location of Lake Terrace/Inco Homes Area. He pointed out that this is the same Library that he has been going to since he was in the second grade and there is a definite need. He pointed out that with the growth that the City has experienced, this will allow staff to take the next necessary steps to proceed with the County. He pointed out that this give the Friends of the Library the power to move the project forward. Mayor Washburn stated that the resolution shows good faith and allows the project to move forward as well as allowing our staff to work with County staff.. He noted that Council might want to include some of the recommendations in the resolution. - Mayor Pro Tern Bender stated that he would like to see a resolution showing support and with the intention to persue this with the County and leaving open the monetary commitment until some of the details are worked out. He explained that the resolution states that "the City of Lake Elsinore shall make every effort necessary to maximize utilization of available resources, the City's Library Mitigation Fund, in a timely and expeditious manner" and the terms utilization of available resources is too broad and general and he does not approve this section. He asked that the words "available resources", be struck from the resolution and the two conditions added. He explained that this would allow the City to show their support but protect the City while working through the project. - Mayor Washburn stated that the resolution must show support of the planning report. Councilman Alongi stated that his concern is the fact that it takes approximately $800,000 to operate a Library of that size and the building itself will be approximately $7,000,000 and this is a very serious commitment. He explained that he just wants to be very careful with this so that the City does not loose if the County decides to drop this because they cannot participate. Mayor Washburn stated that with the trend that has been going on in the State that the community will probably see all the local Public Libraries go back to the local jurisdictions and he does not want the City to miss the ability to utilize County funding. Councilwoman Brinley asked that if the new wording is added to the resolution, will the Friends of the Library still be able to move forward. City Attorney Harper stated that they would. He stated that the Friends of the Library is the coordinating ::>,..,.on,...." ;n toniC! ,....::>C!o '1-1"0 at-::>t-o" t-n;::at- rnp npw wf"'Ir"inn wf"'IlIl" ~AGB ftIRTBD - CITY comreIL KIIIU'l'BS - JUIIB 27, 1995 RESOLUTION NO. 95-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PLEDGING THE CITY'S CAPITAL LIBRARY MITIGATION FUNDS TOWARD THE ACQUISITION AND/OR CONSTRUCTION OF A LIBRARY FACILITY. CONDITIONS: 1. The Friends of the Library approach Riverside County for the balance of the acquisition and development funds, and The Riverside city and county Public Library agree to fund the operation of the facility if constructed. 2. 34. of ~ ~ 1l. \ counci man Alongi stated that he had asked for this item to be placed on the Agenda because he felt that it would benefit the city to be broken up into Districts. He explained that it would give certain areas attention for their special needs which are separate from other areas. He further explained that by being able to be represented by District, it might prevent so may areas from filing a community of Interest and the reason that they are doing this is because of distrust. He noted that in that way we might be able to get Lakeland Village since they would be able to have their own representative. Councilman Alongi pointed out a case which was Cruz versus Gomez from watsonville, California, which addressed the Federal Voting Rights Act which states that it is illegal for cities to hold General Elections, because of the fact that there are some areas which are disadvantaged economically and in that area could not afford to run for office. Councilman Alongi stated that the city is subject to that since we do have three Redevelopment Areas which were mortgaged to finance a ball park. He further stated that the persons in .Area 1,2, , 3 were never given the right to have their areas represented properly. He cited the fact that the City placed sewers in an area which is not part of the RDA an the funds were taken from other areas to provide. He explained that he is not asking council to approve Districts, but rather to place it before the voters to allow them to vote if they want Districts or not. Mayor Washburn stated that Districts are generally .een in larger cities and the Federal Voting Rights Act more addresses ethnic situations. . MOVED BY WASHBURN, SECONDED BY PAPE TO TABLE THE REQUEST FOR CONSIDERATION OF A BALLOT MEASURE REGARDING COUNCILMANIC DISTRICTS. Councilman Alongi stated that the action is telling the people of Lake Elsinore that this council refuses to give them the right to allow them to tell how they wish to vote, for districts or not. PAGB POURTBBB - CITY COUNCIL XIMUTBS - JUBB 27, 1995 of people. Be noted that in a City of Lake Elsinore in which a little more than 2,000 people vote, be could not see that this would merit setting up districts. Be pointed out the Senate and Congress and in this city it could bring about pork trading and no one wants districts and the ract that they have to represent a large number of people in a large geographical area, and in this City it could bring about "pork trading" and no one wants that type of situation. Be further stated that the City Council is representing all the people and they campaign throughout the City. Be stated that Council has the opportunity to get out and visit the entire community. He does not want to see the potential of horse trading. Mayor Pro Tem Bender stated that be does not want to see districts until the City becomes very large. ci ty Attorney Harper stated that the issue is not simply whether people vote to decide whether or not they want to bave districts, but rather the establishment of those boundaries of those districts. He explained that ultimately that is what the vote would be and the difficulty and the mass substantial litigation over the configurations of districts, not whether or not a city votes city wide. He noted that there are 30 or 40 cities with districts that have been overturned because of the boundaries and the type of impacts that they bave on the communi ty. He ci ted . Los Angeles and their problems with district boundaries. I . - councilman Pape stated that districts make sense when there is a large population. He noted that during bis campaign be walked almost every tract in the city and be felt that as long as a candidate has the ability to do that, he did not see the need for districts. He pointed out the number of votes and how it would impact the City. - THE FOREGOING MOTION WAS APPROVE BY A 4 TO 1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE. THE CITY COtJHCIL KlE'1'IlfG RBCESSED '10 DB UDBVBLOPXD'l' &GIlfCY KEE'1'ING AT 8:49 P.K. THE CITY COUNCIL KElTING WAS RBCONVBNBD AT 8:51 P.K. PUBLIC COMHEN'l'S - RON-AGINDIZID ITEMS Cheral Smith, 801 Canary Court, addressed Kids on Tract and thanked Council for reconsideration of their program and their support. Ms. Smith's son then presented Council with thank you letters from the children of Kids on Tract. Lila Cardoza, 300 Ellis street, stated ber objections to the lease of Gediman Park and she does not believe Council should bave the right to give the park to a private person. She expressed her agreement with Councilman Alongi regarding districts and stated that the Council has too much power. VAGB WInBBIt - CIn COmrCIL IlII1U'tBS - J1JIIB 27, 1"5 THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AS DETAILED ABOVE AT 9:00 P.M. THE CITY COUNCIL MEETING WA RECONVENED AT 9: 25 P.M. - NO ACTION TAKEN. I CITY IIAlmGBR. COMllEH'l'S None. CITY COUHCIL COMKEH'l'S Mayor Pro Tam Bender commented on the following: 1. congratulated the winners of the Landscaping and Water Conservation Contest. He stated that their efforts belp to beautify the city. 2. stated that the city bosted the All-star que and that it was a success. 3. Reminded the public about the 4th of July Concert and Fireworks and and announced that later in July there will be a street Faire and Chili Cook-Off. 4. Commented on civic pride and stated that in the local newspapers they point out the different activities wbicb are occurring in different communities. He pointed out that all tbe projects and were reported on were done in those other communities by combined efforts. He encouraged the different organizations in Lake Elsinore to join together to promote our civic pride. Councilman Alongi commented on the following: 1. Noted that both Councilman Pape and Mayor Pro Tem Bender are incorrect. He explained that there are cities smaller than Lake Elsinore who have districts since population has no restriction on the districts. He further explained that by reducing cities to districts there are more people that registrar to vote. He stated that this is just another issue that the council wants to dictate and does not want to allow the community to make their own decision. He commented that this is the Government by the people, of the people and for the people, not by the Council, of the Council and for the council. 2. Commented on a note in opposition to Kids on Tract. Be stated that in the note the person stated that they would rather have more Code Enforcement and police since it is not the responsibility of the City to take care of other people's kids and councilman Alongi made note of the fact that this type of program enables the City to cut down on Code Enforcement and police since the training starts young and will teach the children responsibility and they _ _ . _ _~ __ ........_ _,,"___,,"08 A^';...n rMo-Jl.p.pit:i And PAGB 8IZTBBH - CITY COUNCIL M%BUTBS - JURB 27, 1"5 6. Thanked Ms. Bollinger for her letter regarding Kids on Track. 7. Acknowledged a aemo regarding notification to contractors within the City of all bids. He encouraged all the local contractors to check to be sure that their name is on the list and if it is not be sure that you are included. This will help to create jobs for the City. 8. Referenced a letter from the City Attorney regarding the Paul Smith incident and stated that the letter clearly states that he acted as a private citizen and not as a Councilman. He noted that he was acting as a private citizen and whether or not he had the authority to enter the office up-stairs aakes no difference, he explained that he had been into that office many tiaes, hundreds of times and had the same confrontations with Kevin Shear. He commented that he did not understand how a person could be acting in his private capacity and yet be censored by a Council for being a councilmember. 9. Noted that it seems that the Mayor and city council and ci ty Manager say what does and does not go on the Agenda. He explained that he had written a note to the City Manager pertaining to the restrictions of his appearance at City Hall, that is making an appointment with the City Manager every time he has to go into city Hall. He pointed out that like the city Manager he is also a busy man and does not know when he is going to be in or out of town and by making a specific appointment at 4:00 p.m. every afternoon would aake it easier for him in his daily activities since he is as busy as the City Manager it is easier to make a daily appointment as well as set the hours that he would like to use the Council office. He stated that his item was pulled from the Agenda and if the council does not want to deal with it, it comes before the council and they deal with it as a body. Councilman Alongi stated that no one has the right to take something off of the Agenda, everyone on the Council has the right to put something on the Agenda. He stated that if the Council disagrees with it, the same as they did with Council Districts, then it can be tabled or whatever they want to do with it. He stated that he has a right to put it there and no one has the right to take it off. He pointed out that the Mayor'S position is a ceremonial and asked if his posi tion shares the same opportunities since it should. He asked if he is an elected official and is Mr. Molendyk working for him as well as the rest of Council, is he 1/5 of his supervisorial board, does he now operate under 2nd level staff. Councilman Alongi read the reply from the City Manager regarding appointments as follows: xt is difficult to consider meeting at a special time daily, due to the demanding schedule and the responsibilities of bis position as City Manager. Councilman Alongi asked if he doesn't count, isn't he the elected official who the consti tuents placed there, does the C1 ty Manager now make _ ... _ __~_~_.! ..______.., Va - - I'AG. 8JSvaTBn - CITY COtJ1lCIL IlIIJU'l'BS - ~ 27, 1995 - 8. bis packet off and did not know that it was not going to be dropped. He stated that this puts staff in a very difficult position. He noted that Council brought back Kids on Track, but where were they two years ago when councilwoman Cherveny fought so hard for this program. Reminded the public about his show on July 13, and stated that he will be discussing Bonds and that he is still receiving letters on Paul Smith. He noted that he gets at least one letter a day. Stated that he has no fear of Mr. Smith. councilwoman Brinley commented on the following: 1. congratulated all the Seniors who graduated from Temescal and Elsinore High Schools. 2. congratulated Gary and Genie Kelley for their good work on Grad-Night. 3. congratulated the winners of the Landscaping awards. 4. Addressed Kids on Track and stated that this was one of the hardest issues they have had to face and that she was glad that they could at least give marginal support, but that it will take lots of work by the community and parents to keep this program going. Councilman Pape commented on the following: 1. stated that he had spent the morning with Pete Rose. He explained that Mr. Rose was doing a commercial here at the Diamond and had commented on how nice the stadium is. - 2. Made note of the letters that were received by Kids on Tracks. Mayor Washburn commented on the following: 1. Asked that councilman Pape and Councilwoman Brinley keep in touch and represent the City with the Kids on Track program. 2. Explained that he has had grave reservations regarding the Council Meetings being televised. He noted bow nice it has been this evening. He stated that he felt that it was created by the persons who bave come to the podium and if there are future problems, there will be further consideration in regard to televising the meetings. 3. He pointed out that the steeping on airwaves that the C.B. unit is doing is illegal and the City has the right to purse and sue. He asked that the City Attorney write a letter and if it should continue he asked that Council consider legal action. _.L.J.... .&..1_'1._"'_ +... +)U~ l"!nn~Art and PAGB BIGHTBEN - CITY COUBCIL MXBUTBS - JUBB 27, 1"5 = - , Respectfully submitted, k ~. .'1'.fS'1': (j "J ~ '\ -