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HomeMy WebLinkAbout08-11-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA - TUESDAY, JULY 11, 1995 ***************************************************************** 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 was led by Planning Commission Chairman Bullard. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: NONE - Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, Acting City Attorney Burns, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Engineering Manager O'Donnell, Building & Safety Manager Russell, Manager Special Projects Best and City Clerk Kasad. PRESENTATIONS/CEREMONIALS Mayor Washburn indicated that there would be one added presentation with concurrence of the Council. A. Proclamation - Historv Dav Contest. (F:120.1) Mayor Washburn noted that there would be three presentations and read the Proclamation. He further noted the winning record of the project and presented the Proclamation to Mary Lee Andrzejczak, Andrew Mails and Eric Martineau. Andrew Mails explained the development and completion of the project regarding "The Redress Movement of the Japanese". - Jeanine Martineau, representing the Lake Elsinore Unified School District, noted that over 1/2 million students participated in this competition. She highlighted the efforts of teacher Nancy Andrzejczak, who worked with the students on this project which required over 700 hours of preparation. She stressed the posi ti ve recognition these students have brought to the Community. PAGE TWO - CITY COUNCIL MINUTES - JULY 11, 1995 change in job location. Mayor Washburn read the city Tile Plaque commemorating Commissioner Bullard's service on the Commission since June of 1992. Councilwoman Brinley commended commissioner Bullard's efforts while on the Commission and presented him with the city Tile Plaque. Commissioner Bullard thanked the Council for the opportunity to serve on the Commission and indicated that he learned a lot dealing with residents, contractors and the other Commissioners. He noted the challenge of providing quality projects for presentation to the Council. - PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item Nos. 21 & 22, and deferred to those discussions. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1.a., 4 and 5. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 2. Ratified Warrant List for June 30, 1995. (F:12.3) 3. Received and ordered filed the Monthly Report of Investments for May 31, 1995. (F:12.5) 6. Adopted Resolution No. 95-44 Affirming the Absence of Property Tax Revenues between the City of Lake Elsinore and the Northwest Mosquito and Vector Abatement District. (F:161.1) - RESOLUTION NO. 95-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGARDING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE CITY OF LAKE ELSINORE AND THE NORTHWEST MOSQUITO AND VECTOR CONTROL ABATEMENT DISTRICT. ITEMS PULLED FROM CONSENT CALENDAR 1.a. Minutes - June 27. 1995. (F:44.4) Councilman Alongi expressed confusion with the action detailed in Item No. 33 of these Minutes; and read a letter from Councilwoman Brinley to Genie Kelley. He expressed concern with the statement in the letter that the Library would be receiving $313,000 and indicated that the motion was clearly not as depicted in the letter. He indicated that either the Minutes or the Letter is inaccurate, and should be corrected. PAGE THREE - CITY COUNCIL MINUTES - JULY 11, 1995 4. Award of Contract for Limited Avenue Improvements. (F:156.2) Councilman Alongi indicated that he was pleased to see a local contractor receiving the contract for this project. - MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT FOR LIMITED AVENUE IMPROVEMENTS TO EDMONDSON CONSTRUCTION IN THE AMOUNT OF $268,721.00; TO AUTHORIZE THE MAYOR TO EXECUTE THE RIGHT-OF-ENTRY PERMIT FOR RECORDATION AND APPROPRIATE $136,700.00 FROM THE FUTURE 1995/96 CAPITAL IMPROVEMENT BUDGET FOR LIMITED AVENUE IMPROVEMENTS. 5. Lease of Gediman Park. (F:68.1) (X:114.3) Councilman Alongi indicated that he is still opposed to leasing this park under any circumstances. He stressed that this park was paid for and maintained by the Lighting and Landscape Maintenance District, and does not take money from the General Fund. He indicated that the Sheriff's Department has done a good job in eliminating problems with undesirable persons at the park. He further indicated that he sees the park every day and sees very few problems. - Councilman Pape addressed Page 3 of 7 and noted a discrepancy between the starting date of the lease and the starting date for paYments. He indicated that it would make more sense for them to be the same starting date. He suggested the addition a statement concerning the provision of a trash enclosure, as previously discussed. He further suggested that a Section 10 concerning the provision of Security for the Poe Street Parking Lot should be included, as well as a Section 11 relating to any possible changes in ownership, which would require that the matter come back to the Council. Mayor Pro Tern Bender indicated that his concerns for items originally discussed had been addressed. He further indicated that even though this is along term lease, the City has the right to terminate it upon 120 days notice. He stressed that the lease does bring in revenue and can come out of the Lighting and Landscaping District. He commented that he is in support of the lease and noted that he seldom sees anyone using the park as it is. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE THE LEASE AGREEMENT WITH RICARDO AND MIRIAM SOLANO, GUADALAJARA RESTAURANT, KARSOL, INC. WITH THE INCLUSION OF VERBIAGE CONCERNING THE PROVISION OF A TRASH ENCLOSURE AS ORIGINALLY PROPOSED; AND THE ADDITION OF SECTION 10 CONCERNING THE PROVISION OF SECURITY FOR THE POE STREET PARKING LOT AND SECTION 11 REQUIRING THAT THIS MATTER COME BACK TO THE COUNCIL FOR CONSIDERATION IF THE RESTAURANT SHOULD CHANGE OWNERSHIP IN THE FUTURE. PUBLIC HEARINGS PAGE FOUR - CITY COUNCIL MINUTES - JULY 11, 1995 and detailed the total assessment figures. Councilman Alongi questioned the dollar amounts for the areas to be annexed. Mr. Cooper noted Page 6 of 6 and detailed the amounts. Councilman Alongi questioned the amount of the Levee and Lake Management. Administrative Services Director Boone indicated that there is $100,000 for the Lake and Levee, within the Specialized Services Account. - Councilman Pape requested clarification of the increase. Mr. Boone indicated that it will be a month increase. Mr. Pape noted that this is less average cost of living increases. proposed $ . 35 per than the The City Clerk reported no written comments. Mayor Washburn opened the Public Hearing at 7:40 p.m., asking those persons interested in this item to speak. The following people spoke: Fred Feinberg, property owner, commented on the District and indicated his assessment has gone from $431 to $2,771 per year. He further indicated that the amount proposed by this increase will bring his paYment to over $3,000, for an unimproved parcel. He requested that the Council give this increase further consideration. Chris Hyland, 15191 Wavecrest, noted that she lives within the highest assessment zone of the L.L.M.D. She inquired whether traffic signals, graffiti and lake maintenance have been included in this year's budget for the L.L.M.D. Mr. Cooper indicated that these items have all been included. - Ace Vallejos, 15231 Cobre, noted that he also owns a home wi thin the highest assessment zone. He indicated that he believes there is an inequity between the zones. He further indicated that he believes this type of assessment is a way to circumvent Proposition 13, in that the residents are not given the opportunity to vote on increases. The Public Hearing was closed at 7:45 p.m. Councilman Alongi indicated that he feels that assessments are dangerous; particularly this one, because it goes up every year. He noted that the E.D.U. figures are misleading. He suggested that parks could be built and maintained with less funds and facilities than the City currently does. He expressed concern with residents paying any fees to maintain the Lake, because he feels it does not benefit the Community. Councilwoman Brinley noted that while Wildomar has built a new park, the city of Lake Elsinore maintains 10 parks. ("'nlln('!ilm~n P~n~ o::.t-r~o::.o::.~n t-n",t- t-no m"';,.,.....;+-u ,.,..f: +-'h"" "......;+-.... ......."" PAGE FIVE - CITY COUNCIL MINUTES - JULY 11, 1995 regarding larger parcels and referred them to Mr. Cooper. He noted that many positive benefits are being seen from the District, but suggested that Council needs to continue to seek ways to limit the amount of the assessments. - THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 22. Public Hearinq - Amendment to the Business License Ordinance. (F:34.1) City Manager Molendyk explained this item and noted that this was preliminarily approved as part of the Budget process. He indicated that these rates have not changed since 1991, and the proposed increase averages $36 per year or $3.91 per month. The Mayor noted that approximately 20 pieces of correspondence in opposition to this item were received. Mayor Washburn opened the public hearing at 7:51 p.m., asking those persons interested in this item to speak. The following people spoke: - Rick Zwiefel, 101 S. Main street, spoke in opposition to this item on behalf of the Downtown Business Association and read a letter from President Sam Jiron. He noted that he did his own survey of license fees in other cities within the area. He detailed his findings and noted that Lake Elsinore will be have the highest fees wi th this proposed increase. He presented 13 letters in opposition to the increase. Nick Nash, President of the Chamber of Commerce, read and presented a Resolution of the Chamber in opposition to the proposed increase. He requested that the Council consider the hardship that this will impose on small businesses. Mariana Mohylyn, 305 W. Sumner, commented on the City budget and suggested that spending be reviewed to save tax dollars. She stressed the impact this increase would have on small businesses, and suggested that the fees be reduced. The Public Hearing was closed at 7:59 p.m. Councilman Alongi indicated that his comments would be the same on this as the L.L.M.D. He indicated that one means by which to offset this cost would be to keep business within the Community and not use vendors or contractors outside the City. He indicated that it is ludicrous to consider any increase in this economy. He further indicated that this increase could put businesses out of business. He suggested that the City should find other ways to raise revenues. Mayor Pro Tem Bender noted recent discussions of the budget deficit and reminded the Council and Communitv that this PAGE SIX - CITY COUNCIL MINUTES - JULY 11, 1995 amount of review and discussion that went in to the final budget package. She requested clarification with regard to the Murrieta license fees. Mr. Boone clarified that in addition to the base rate, there is an escalating tax based on gross receipts up to $4 million. Councilwoman Brinley questioned where the money from Business Licenses goes. city Manager Molendyk explained that it is part of the overall revenues to support programs such as Safe Streets. - Councilman Pape noted that this ordinance would allow for staggered payment plans for business license fees, to assist with cash flow. Mayor Washburn concurred that this increase is necessary for the budget as approved. He suggested that businesses need to look at passing the increased fees on to the consumers. Councilman Alongi inquired how much these increases will generate. Mayor Washburn indicated that it is estimated at $100,000. He thanked all of the businesses who pay their business license fees. MOVED BY BENDER, SECONDED BY BRINLEY TO ADOPT RESOLUTION NO. 95-45 AND APPROVE ORDINANCE NO. 1001 UPON FIRST READING BY TITLE ONLY: RESOLUTION NO. 95-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING BUSINESS LICENSE FEES FOR THE CITY OF LAKE ELSINORE. ORDINANCE NO. 1001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5 OF THE MUNICIPAL CODE REGARDING BUSINESS TAXES, LICENSES AND REGULATIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILKEMBERS: BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILKEMBERS: ALONGI ABSENT: COUNCILMEKBERS: NONE ABSTAIN: COUNCILKEKBERS: NONE BUSINESS ITEMS 31. Reconsideration of item from June 13. 1995 Aqenda. (F:44.1) (X:120.1) City Attorney Burns stated that under Roberts Rules of Order m::lt-t-PT!':. ("!::In onlv be brouaht before the board for PAGE SEVEN - CITY COUNCIL MINUTES - JULY 11, 1995 the majority to make the motion. He stated that if no person in the majority brings forth the motion, then it dies and if it fails then the previous action stands and if it passes then debate can begin again, at either this meeting or another meeting. - Mayor Washburn stated that if this item did get approval, then it would be set for the next agenda. He clarified that the action tonight would be to see if the item should be reconsidered and the Council would not to hear the item tonight. - councilman Alongi stated that he placed this on the Agenda for reconsideration for a couple of reasons which are: 1) A systematic move on his part to divert a lawsuit against the City of Lake Elsinore by himself, suing each member of the Council and the city of Lake Elsinore for the violation of his civil Rights as stated in the 1st and 14th Amendments; and 2) To stop the hinderance of his business within the City since Council interfered with a private matter; and this issue was a private matter between a private developer and a Building Inspector which had nothing to do with the City Council. He explained that he already knows how Council will move on this, but he noted that he needs this item in the Minutes to go forth with the next item to be brought before the Council, and if the Council denies that, then he will file a lawsuit against the City of Lake Elsinore for the violation of his civil and Constitutional Rights. Councilman Alongi stated that the Council acted without due process, to systematically censure and censor him, preventing him from representing the people who put him on Council and causing a great liability to his business since he cannot enter city Hall to do private business without calling the City Manager and getting permission. He stated that it is up to the Council, but he has no problem suing the City or the Council and explained that they will find out just how good the City Attorney is if they wish to continue with the censure. He noted that he will not enter City Hall nor will he call the City Manager until this matter is cleared up one way or the other. Mayor Washburn suggested that since there is potential litigation as mentioned by Councilman Alongi, that this issue not be discussed. He indicated if there was a request by one of the majority of the Council to reconsider this issue then they should make a motion. Mayor Washburn stated that hearing none, the issue was dead. 32. Settlemept Aqreement - EVMWD Financial Issues. (F:68.1) (X:164.2) - city Manager Molendyk noted that this Agreement represents resolution of several outstanding issues between the City and EVMWD. He noted that two members of the Council met with two members of the Water Board and representatives of both staffs __..I.- ..L..._ _____'- _ _____,__..L...!__ PAGE EIGHT - CITY COUNCIL MINUTES - JULY 11, 1995 indicated that the 1994-95 Redevelopment Agency budget will cover 90%, with the balance coming from the Collier Avenue reserves. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Second Reading - Ordinance No. 1000 - Zone Code Amendment 17.14.130. D. . 5 & 6 - Fencinq in New Residential Tracts. (F:172.2) (X:80.1) _ MOVED BY BRINLEY, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 1000, UPON SECOND READING BY TITLE ONLY: 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 SUBSECTIONS 5 AND 6 REGARDING FENCING IN NEW RESIDENTIAL TRACTS OF 4 UNITS OR MORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILHEHBERS: BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILHEHBERS: ALONGI ABSENT: COUNCILHEMBERS: NONE ABSTAIN: COUNCILHEHBERS: NONE THE CITY COUNCIL MEETING WAS RECESSED AT 8:15 P.M. - THE CITY COUNCIL MEETING RECONVENED AT 8:17 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, noted that she viewed the video of the last meeting and saw it as launching the campaigns of Pam Brinley and Genie Kelley with the item relating to the Library. She cautioned the Council on this action, noting recent cutbacks and closures at libraries throughout the County. She stressed the need to be realistic in this type of planning. She thanked City Manager Molendyk for publishing that there is a high crime rate in the Community and suggested that everyone can now request their concealed weapon permits. She suggested that the library not be fast-tracked. Ace Vallejos, 15231 Cobre, expressed his opinion that the censuring of Councilman Alongi was censure of his constituents as well, and they are the ones who will suffer. Lela Cardoza, 300 Ellis, expressed concern with the approval of leasing Gediman Park. She suggested that Mr. Gediman would not PAGE NINE - CITY COUNCIL MINUTES - JULY 11, 1995 business license fee. He noted the vacancy level within Lake Elsinore and suggested that a lower license fee might be helpful. He commented on the budget package and noted that the Kids on Track program was added back in after the package was approved. He thanked the Sheriff's Department for their work on Main Street and noted that they have done a good job in cleaning up the area. - CITY MANAGER COHMENTS City Manager Molendyk commented on the following: 1. McVicker Park Dedication on July 20th at 4 p.m. Encouraged the Community to visit the park and noted that the Little League playoffs are underway at the park. 2. Lakeshore Drive detour will open on July 18th, rather than the 14th as previously noticed. 3. Activity on the Lake is increasing and the Boat Launch will remain open until 8 p.m. in the evening to allow extended use. CITY COUNCIL COHMENTS Councilman Alongi commented on the following: - - 1. Stated that Wildomar has built a very simple park which the children in that area play on just as hard as they would in one of the parks that the City spends a lot of money on. He made note of the Lease for Gediman Park and asked if the city was going to start leasing out parks when they don't provide the use that was anticipated. He indicated that the parks belong to the community and questioned when they started belonging to the Council. He explained that the park was dedicated to a man that dedicated a lot of time, effort and money to the community and gave a lot of time to people who could not help themselves. He stated that it is a shame that the Council could not wait, since his wife is still in Lake Elsinore and this could hurt her. 2. He pointed out that he does not feel that Council understands where the City is in this economy. He stated that it is the City that should be pulling in their belts and not the citizens. He stated that Council is here to handle the citizens tax dollars and provide services; and if it cannot be done that way, then the Council will have to find ways of doing it without going back to the taxpayers. 3. Gave credit to staff for the great job they did on the 4th of July event, but indicated that it does not alter the fact that the City lost money on the concert. He pointed out that the money that was lost could have gone PAGE TEN - CITY COUNCIL MINUTES - JULY 11, 1995 that he bought extra tickets. Councilman Alongi stressed that the issues must be separated. He explained that when Council comes before the public and asks for more dollars, they have to first ascertain if they have done everything they can to prevent that action and Council has not. He pointed out that it is not just the city of Lake Elsinore who increases the assessments. He pointed out that the County, state, School Districts and everybody else is going into the taxpayers pockets, so it isn' t just one assessment, but many. He pointed out that when you look at your tax bill it is a case of the assessments being more than the original tax bill on the property. He stated that it is not what Council is there for. He indicated that he will refuse to vote for any issue that raises assessments until Council looks at the issue and sees how they can not have this happen. - 4. Stated that he will address the Library on his program July 13, and discuss the need for ci ty and County participation and what they can and can't do. 5. Thanked the persons who wrote letters regarding their concerns with the censureship. He stated that it will get ironed out one way or the other since the Council does not run his life or his business. He stated that it does not make a difference to him, and indicated that he will not change. He stated that in November everyone will have a chance to decide that. 6. Apologized to the people who had not received returned phone calls since he does not go to City Hall to collect his messages, however he will be calling. - 7. Reminded the public that his show is on Thursday, July 13, 1995, at 7:00 p.m., and stated that they would be discussing bonds, Mello-Roos and the costs to the City when refinancing bonds. Councilman Pape commented on the following: 1. Reminded the public that McVicker Park is now open and hoped that the citizens would go to the park and enjoy the facility. 2. Stated that the 4th of July concert went well and commended staff for a good job. He pointed out that traffic was handled well and there appeared to be no problems with the audience. He noted that several people in the community had told him that the fireworks were the best they had ever seen. 3. Commented on the censure of Councilman Alongi and stated to the press and public that this was caused by an onqoinq problem for the last three years, not an isolated PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 11, 1995 -- to accumulate. He asked that the City Attorney keep track of the costs incurred by this issue in the defense of the City. He stated that he would like to see a cross complaint filed so that the City can recover the expenses. He stated that he felt it would not be prudent to lift any of the restrictions at this time, and if he had any doubts, Councilman Alongi's statement that he was not going to change made it clear that the status should not change. He stated that he did not want City employees to be in danger to coming to work and being abused. Councilman Alongi indicated that Councilman Pape was a liar, with no honor or dignity. Mayor Washburn called Councilman Alongi out of order and asked that he refrain from continued comments. Councilman Pape suggested that professional help might be appropriate. Councilwoman Brinley commented on the following: 1. Commended the Students from Terra Cotta Junior High School, recognized earlier in this meeting, for their achievements and stated that she felt that the whole community should be very proud of them. She suggested that everyone send letters telling them how proud of them we are. 2. Commented on Kids on Track and stated the first committee meeting will be held on July 18th. She stated that a committee has been selected and she is looking forward to sitting down with these people and planning programs and fund raisers. - 3. Thanked staff for commended their entertainment was excellent. a great 4th of July festivities and efforts. She stated that the very good and the fireworks were 4. Stated that it is good to see the Lake in use and noted that the Lake patrol is doing a good job. 5. Commented on McVicker Park and the Little League games that were held there. She noted how good it was to see the children have the use of such good fields. She noted that the District President complimented the City on the beautiful parks that the ci ty has provided for the children of the City. 6. Noted that Councilman Alongi has never been prevented from conducting business as a private contractor. She explained that he can enter city Hall and do business just as any other contractor does. She stated that all he has to do is approach the desk in Planning and ask to speak to someone. ,,-. PAGE TWELVE - CITY COUNCIL MINUTES - JULY 11, 1995 2. Thanked Mr. Zwiefel for his comments. 3. Announced that on July 22, 1995, the street Faire will be held on Main street and the Senior citizens Chili Cook- off will be at city Park. He stated that he will be sitting in the dunk-tank for the Chili Cook-off and suggested that if he and Councilman Alongi both participated, they could raise a lot of money for the Seniors. - Mayor Washburn commented on the following: 1. Commended Staff for the July 4th Program and thanked the entertainers for a good show. He stated that the fireworks tied to the music was the best that this City has seen. He noted that for the last nine years the City has promoted a 4th of July event and only the last two have the public been asked to pay because it was held at the Stadium. He stated that last year there were approximately 14,000 people and this year there were about 6,000, however, it created a smaller and closer crowd and everyone had a great time. 2. Noted that McVicker Park will be dedicated and it has a wetlands observation area as well as the play areas. He asked that the public be sure to go and visit the facility. 3. Commented on the Lease of Gediman Park and noted that for the downtown design, even back to the Cal-Poly Study it was indicated that there should be sidewalk cafes and he hopes to see more of this type of thing occur in the downtown area. - 4. Stated that he recei ved a request from Mr. & Mrs. Harmatz, to support an idea of reversing the donor card, much like Holland has done, which in effect make you an automatic donor if you do not carry a card; and those persons who for religious or personal reasons choose not to must carry a card to notify authorities that they do not wish to be a donor. He stated that he will circulate the information and if Council feels comfortable they can do a resolution to initiate a change in the law. CLOSED SESSION None. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING ff,~ 8: 50, P. ~."