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HomeMy WebLinkAbout05-24-1994 City Council Minuites MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA ,-.- TUESDAY, MAY 24, 1994 ************************************************************** CALL TO ORDER The Regular city council Meeting was called to order by Mayor Pro Tem Dominguez at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Alongi. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER ABSENT: COUNCILMEMBERS: WASHBURN Also present were: City Manager Molendyk, Assistant City Manager Rogers, ci ty Attorney Harper, Administrati ve Services Director Boone, Acting Chief Building Official Russell, City Planner Leslie, Public Services Director Tecca, City Treasurer Pape and City Clerk Kasad. - PRESENTATIONS/CEREMONIALS A. U9date on Outflow Channel Project. (F:92.3) James Lowe, representing 3 B' s Construction, provided an update on this project. Councilman Alongi inquired when the Limited Street Bridge would be completed and opened. Mr. Lowe advised that it is complete pursuant to their contract, however it is not in their contract to open the bridge. B. Presentation/Reoort on Water Ski Marathon. (F:151.1) Ron Swanson, representing the National Hot Boat and Water Ski Association, commented on the success of the Inaugural Marathon held the weekend of May 21 and 22. He thanked the ci ty Council for the opportuni ty to hold this event and presented the Council with a framed copy of the T-Shirt design from the event. He noted that the group is interested in holding a different event on the Lake in September. Mayor Pro Tem Dominguez presented Mr. Swanson with a Key to the City, commended them on the event and looked forward to future events. - PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 5, 7, 11, 31 and 32. PAGE TWO - CITY COUNCIL MINUTES - MAY 24, 1994 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 6 and 7. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. - 1. The following Minutes were approved: (F:44.4) a. Special Joint city Council/Redevelopment Agency Meeting - May 3, 1994. b. Adjourned Joint Special city Council/Redevelopment Agency Meeting - May 4, 1994. c. Regular City Council Meeting - May 10, 1994. The following Minutes were received and ordered filed: (F:60.3) d. Planning Commission Minutes - May 4, 1994. 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for April, 1994. (F:18.2) 3. Ratified Warrant List for May 16, 1994. (F:12.3) 4. Rejected and referred to Claims Administrator for handling, the Claim Against the City submitted by Michael Lee Kennedy (CL #94-8). (F:52.2) - 8. Approved Change Order No.3 for the Curb, Gutter, Sidewalk and Pedestrian Ramp Replacement Program, in the amount of $28,486.45. (F:146.1) 9. Appropriated $8,100 to fund the Storm Drainage Improvements at Heald Avenue and Spring street, along the Outlet Channel, from the Drainage Fund. (F:155.1) 10. Received and ordered filed the Report on Structure Abatement actions at 305 West Sumner Avenue. (F:32.4) 11. Approved Public Hearing Date of June 14, 1994, for the following: A. Conducting Authority Hearing - Annexation No. 62 - west of Grand Avenue at the western termini of Amorose Street & Toft Drive. (F:22.2) (Councilman winkler noted his abstention on this item.) ITEMS PULLED FROM CONSENT CALENDAR 5. Resolution of Application to LAFCO for Annexation of City to County Service Area 152. To Fund the city's National Pollutant Discharqe Elimination System lNPDES) Permit Proqram Resolution No. 94-26. (F:155.1) City Manager Molendyk explained that this is for an - PAGE THREE - CITY COUNCIL MINUTES - MAY 24, 1994 - Application for Service Area 152 and it allows for the necessary funding to maintain the Lake. Public Services Director Tecca explained that County Service Area 152 was established to allow funds to be raised for the Clean Water Program in the County of Riverside. This program addresses all the storm water and run-off from the streets into streams which end up in the Lake and give the city the ability to monitor that water for quality. He explained that each applicant is allowed to determine the costs and the county will collect the fees. City Attorney Harper explained that the purpose of annexing into the County Service Area is to provide the NPDES services within the territorial boundaries of the city. He explained that the funds are limited to doing things related to the permit requirement within the jurisdictional territory within the city. Councilwoman Cherveny inquired if the city wished to place a tax assessment and belongs to CSA 152, would the city have a vehicle to place an assessment city wide and would the city determine the amount of the assessment. - city Attorney Harper explained the requirements for each city to address pollutants and toxic materials in ground and surface water. He stated that any agency which fails to comply is subject to a fine of $25,000 per day. Mr. Harper explained that these are individually designed programs for each city involving some type of treatment; and based upon the cost, levying through CSA 152, the average fee is $10.00 on an annual basis. City Manager Molendyk stated that what he was trying to point out was that it had been discussed at a recent meeting that this District could be the solution for a source of financing to improve water quality in the Lake. He clarified that if the Council joins this program it would be to tax only the residents and not the persons up stream that are contributing to the problem. Mr. Molendyk stated that he felt that everyone in the watershed should pay their fair share because all the water impacts the Lake. city Attorney Harper stated that if all the cities and the County developed a joint budget this could then address the entire watershed area. - Engineering Manager O'Donnell explained that staff is working on a summary letter to the county to see if they will agree to allow the City to overlay the existing CSA 152 or initiate a new CSA for assessing other cities. He further explained that the City would have to have the county's agreement to be assessed. councilman Winkler commented that this was presented as a vehicle which other cities and the County are involved in to gain cooperation and involvement of other areas which are discharging up stream and may be causing part of the pollution. He explained that there is no guarantee that this program will work, however, to join the program, the City does not need to set an assessment. PAGE FOUR - CITY COUNCIL MINUTES - MAY 24, 1994 City Attorney Harper explained that if the City wishes to join and set an assessment, the plan must be submitted to the County by the August 31st. Engineering Manager O'Donnell stated that the planned boundary and area must be submitted for approval, to LAFCO by August 31, and will have to be approved by them by December, just to join CSA 152. City Attorney Harper explained that the City is obligated to have a program that meets the Federal Standards. He stated that if the City does not have a program the City is subject to being fined $125,000 a day until a plan is in effect. Councilwoman Cherveny questioned the $60,000 cost for the program which would create an annual assessment of $8 or $9 per resident. She asked if this assessment would be levied if the City joins the program. Engineering Manager O'Donnell explained that joining the program would not require that the City place an assessment; the issue before Council tonight is whether to join the CSA 152 and any decision for assessments must be brought back to Council for a later decision. - City Attorney Harper stated that the assessment would have to be addressed separately after joining the program. Councilman Alongi requested clarification that the only thing that is being decided tonight is to approve the application and the Resolution. He asked if these are approved by Council, does this give the City the right to assess. It was __ confirmed that the item addresses the application fee and Resolution. Councilman Alongi asked if the City did not wish to assess the residents, could the $60,000 be made a budget item to address the program. Engineering Manager O'Donnell stated that this year the amount is already in the budget, and the proposed action is to allow the program to fund itself rather than taking the money out of the general fund. Ace Vallejos, 15231 Cobre, stated his objection to any further tax; and stated that he objects to joining the program. Councilwoman Cherveny asked about the overlay of the program. Engineering Manager O'Donnell explained that the overlay addresses the cleaning of the Lake and extends beyond the City boundaries. He explained that this issue addresses an assessment within the City boundaries. Mr. O'Donnell stated that the overlay must be approved by the County Board of Supervisors and staff is in the process of writing a summary letter to see if they will approve the overlay. He explained that if the Supervisors do not approve the overlay then the City will have to go with its own CSA. -- Public Services Director Tecca explained that the CSA is simply a mechanism that allows cities to tax themselves to address the program. Whether another authority can tax cities in order to spend money elsewhere in the County is another legal question that has not been clarified. PAGE FIVE - CITY COUNCIL MINUTES - MAY 24, 1994 - MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE AND WASHBURN ABSENT TO APPROVE THE ALLOCATION OF THE $3,000 APPLICATION FEE TO LAFCO AND ADOPT RESOLUTION NO. 94-26 AS FOLLOWS: RESOLUTION NO. 94-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING LAFCO TAKE PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE TO RIVERSIDE COUNTY SERVICE AREA 152, COMMENCING WITH FISCAL YEAR 1995-96. 6. Bvlaw Revisions - Mavors' & Councilmembers' Conference of Riverside County. (F:108.11) Councilwoman Cherveny inquired whether the City pays regular dues to this organization . City Clerk Kasad indicated that no regular dues are paid to this organization. Mrs. Cherveny questioned the attendance level of City representatives at this function and noted her concern with paying dues if the City is not participating. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BYLAW REVISIONS AS PRESENTED FOR THE MAYORS' & COUNCILMEMBERS' CONFERENCE OF RIVERSIDE COUNTY. 7. CR & R. Inc. - Reauest to Put Refuse Billinq Delinquencies on Fiscal Year 1994-95 Tax Roll. (F:163.1) - Councilman Alongi indicated that he had pulled this item to clarify the options for placing these on the tax rolls, and indicated that he was not opposed to placing the delinquencies on the tax rolls. MOVED BY ALONGI, SECONDED BY CHERVENY TO PLACE ONLY THE DELINQUENT ACCOUNTS ON THE TAX ROLL FOR FISCAL YEAR 1994-95. City Manager confirmed that this was the intended recommendation. -.. Councilwoman Cherveny concurred with the comments of Mr. Alongi and stressed that this should only pertain to the delinquent accounts. She expressed concern with the statement in the staff report that without this approval there was a potential for increased trash bills, noting that she does not like the sound of being held hostage for this action. Ace Vallejos, 15231 Cobre, indicated that it appears that someone is just trying to make money. He indicated that if there is a problem with nonpayment, then those people should be dealt with directly. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC HEARINGS 21. Zoning Code Amendment (ZCAl No. 94-1 - A request to Amend Section 17.11.050 of the Municipal Code - pertaininq to MembershiD of the Desiqn Review Committee - Ordinance No. 982. (F:59.4) City Manager Molendyk explained this item and clarified the PAGE SIX - CITY COUNCIL MINUTES - HAY 24, 1994 transfer of duties from the Design Review Committee to the Planning Commission. Mayor Pro Tem Dominguez opened the public hearing at 7: 27 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:28 p.m. - MOVED BY WINKLER, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 982 BY TITLE ONLY, UPON FIRST READING: ORDINANCE NO. 982 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING ORDINANCE NO. 952 (SECTION 17.11.050 OF THE LAKE ELSINORE MUNICIPAL CODE). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Reauest for Waiver of Fees - Elsinore Valley Artist's Society. (F:151.1) City Manager Molendyk gave an overview of this request and explained that in accordance with the Lake Elsinore Municipal Code, for the cost recovery program, only one-half of the fees should be waived. He explained that it is staff's recommendation to waive 50% of the total facility cost for use of the Cultural Center; and that they meet at the Community Center on alternate Tuesdays, since it would be in conflict with City Council Meetings. - Councilwoman Cherveny noted that the application states the Community Center or the Cultural Center. She stated that they have requested just a small room to hold their meetings, and commented that they are flexible and could piCk a different day. Don Banfield, President of Lake Elsinore Artists Society, stated that they meet on~y one Tuesday a month and explained the function of their meetings. He stated that they have approximately 30 members in attendance at each meeting and gave an explanation of the purpose of the Society. He explained that the organization is nonprofit and has limited funds to pay fees. He encouraged Council to consider their request. MOVED BY CHERVENY, SECONDED BY ALONGI TO WAIVE TOTAL AMOUNT OF FEES FOR USE OF THE SMALL MEETING ROOM AT THE COMMUNITY CENTER FOR ONE TUESDAY A MONTH. - Councilman Alongi inquired how much is charged for membership PAGE SEVEN - CITY COUNCIL MINUTES - MAY 24, 1994 - fees. Mr. Banfield stated that it is $20.00 ~ year. Mr. Alongi inquired whether a resident of the Commun1ty who c~uld not pay the $20.00 would be allowed to attend the meet1ng. Mr. Banfield stated that guests are always welcome and there is no limit to the amount of meetings that the person can attend. Mayor Pro Tem Dominguez asked if it is legal to waive the entire fee based on the Municipal Code. city Attorney Harper stated that there is no specific amount set that Council can or cannot waive, the fee is addressed as a policy of the city. Councilman Winkler stated that he has no problem waiving all the fees for one of the small meeting rooms if the Community Center is in use at the time of the meeting. He stated that what would cause a problem is if there is a demand for that room by other organizations a conflict occurs. Councilman Winkler stated that he would have no problem waiving the fees if they are subject to being bumped should there be a need to rent the room to another paying organization. Mr. Banfield stated that his organization would have no problem being flexible. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE OF THOSE PRESENT. 32. Report on Nashland Avenue and Ouail Street. (F:127.1) City Manager Molendyk noted that at the last City Council Meeting several residents of the Nashland/Quail area addressed Council with their concerns regarding the four-plexes located on Nashland. He explained that a meeting was held with representatives from the neighborhood, city Engineering Department and the Sheriff's Department, and a number of suggestions were considered. He stated that one of the solutions is a through street between Nashland and Quail to allow for better pOlice patrol of the area. He explained that the Police Department will respond to calls, but will not provide routine surveillance since a police unit can be easily entrapped in a cul-de-sac with no escape route. Mr. Molendyk explained that this proposal would require the purchase of three lots. He stated that two are vacant lots and one contains a two-family structure which is vacant and for sale. He advised that staff would recommend the approval of the connection of the Nashland Avenue Cul-de-sac with Quail Drive and direct staff to begin the process; and defer an appropriation of $200,000 to the adoption of the 1994/95 Capital Improvement Budget when funds will be available for distribution to various projects. Mayor Pro Tem Dominguez then called upon the persons who requested to speak on the matter as follows: Maria Haskins, Quail Drive, gave her history since moving to Lake Elsinore, stated her concern regarding the neighborhood and encouraged Council to approve staff's recommendation. PAGE EIGHT - CITY COUNCIL MINUTES - MAY 24, 1994 Kevin Lanning, Quail Drive, encouraged Council to approve staff's recommendation to assist in the control of crime and improve the neighborhood. Cynthia Reynolds, Quail Drive, presented a letter from residents of the neighborhood which expressed their concern regarding crime and asked that Council address the problems. Mrs. Reynolds asked the Council to approve the staff's _ recommendation. MOVED BY WINKLER, SECONDED BY CHERVENY TO APPROVE THE CONNECTION OF THE NASHLAND AVENUE CUL-DE-SAC WITH QUAIL DRIVE AND DIRECT STAFF TO BEGIN THE PROCESS AND DEFER AN APPROPRIATION OF $200,000 TO ADOPTION OF THE 1994/95 CAPITAL IMPROVEMENT BUDGET WHEN FUNDS WILL BE AVAILABLE FOR DISTRIBUTION TO VARIOUS PROJECTS. Councilman Winkler stated that when he first considered this matter, he felt that Nashland should be abated, and the area turned into a park. However, he felt that the proposed action would be a step in addressing the problems and he would encourage staff to continue to address the problems in this area. He stated that this matter is a good way to start. Councilwoman Cherveny commented that she agreed with Councilman Winkler and stated that this is not a cure, but it is a beginning to provide a safe place for the residents and their children. She stated that she will work for stronger enforcement of the violations in that area for the remaining two years of her term. City Manager Molendyk stated his appreciation to the homeowners who have attended the meeting and explained that __ staff has been taking measures to help the residents of that area. He stated that Code Enforcement has focused on that area as well as an increase in drug raids. He explained that the Engineering Department and Police Department do not feel that this will completely solve the problem, but it is a big step in the right direction. Councilman Alongi stated that he had a problem with the design and he does not feel that putting a roadway through will help solve the problems. He advised that he had a film to present that would show the problems and that he would present ideas in regard to the resolution of the problems in that neighborhood. He stated that he does not like to spend the money before the budget is set. He explained that he does not want to abandon one program for another. He asked if the proposed street modification would stop drug traffic or speeding. Mr. Alongi stated that he feels that he cannot approve of this proposal. Cynthia Reynolds noted that the plan shows that there will be a curve and curb that will cut down on speeding. She stated that Councilman Alongi does not live on the street and does not completely understand the problems that they are experiencing. ..... THE FOREGOING MOTION WAS APPROVED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND WASHBURN ABSENT. PAGE NINE - CITY COUNCIL MINUTES - MAY 24, 1994 - Second Readina - Ordinance No. 981 - Relatina to Annual Boat Launch Fees & Private Pro?erty Boat Launch Proaram. (F:92.1) MOVED BY WINKLER, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 981 BY TITLE ONLY, UPON SECOND READING: 33. Councilman Alongi questioned the impact of events such as the Water Ski Marathon and the possibility of changing the Ordinance to allow for such events and closure of the Lake. Mayor Pro Tem Dominguez requested clarification as to the proper handling of this item. City Attorney Harper indicated that the Ordinance could not be changed at the second reading, but it was possible to do an amended first reading. Councilman Alongi expressed concern with the potential for conflict between annual passes and restricted usage of the Lake. He suggested that the City should reserve the right to restrict it. Mayor Pro Tem Dominguez suggested adoption of this ordinance as it is and return with clean up ordinance at a later date. ORDINANCE NO 981 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 8.40.050 LAKE ELSINORE ANNUAL PASS ROGRAM AND 8.40.060 PRIVATE PROPERTY BOAT LAUNCH PROGRAM TO THE LAKE ELSINORE MUNICIPAL CODE CHAPTER 8.40 PARKS AND BEACHES. UPON THE FOLLOWING ROLL CALL VOTE: NOES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER COUNCILMEMBERS: NONE AYES: ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE 34. Ordinance No. 983 - Solicitation from Vehicles. (F:127.2) MOVED BY CHERVENY, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 983, BY TITLE ONLY, UPON FIRST READING: Councilman Alongi questioned the penalty for violation of this ordinance. City Attorney Harper advised that it is a misdemeanor and theoretically could receive a fine of $1,000 and one year in jail. ORDINANCE NO. 983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RELATING TO THE SOLICITATION OF EMPLOYMENT BUSINESS OR CONTRIBUTIONS OF MONEY OR OTHER PROPERTY WITHIN THE CITY. UPON THE FOLLOWING ROLL CALL VOTE: PAGE TEN - CITY COUNCIL MINUTES - MAY 24, 1994 AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER COUNCILMEMBERS: NONE NOES: ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE 35. Lake Elsinore Violations/Enforcement - Motorboat Noise _ Ordinance No. 984. (F:92.1) City Manager Molendyk explained this item relating to noise limi tations and recent regulations adopted regarding the Lake. He noted questions from Council with regard to the existing Section 17 and the appropriateness of removing it. City Attorney Harper indicated that this ordinance refers to the noise standards in Section 17, however the Section is more appropriate in Section 9. Mayor Pro Tem Dominguez inquired whether it should be in both sections. Mr. Harper further clarified. - Mayor Pro Tem Dominguez questioned the formula for calculation of noise levels. Mr. Harper clarified and explained that it is up to the City to determine the basis for prosecution of this offense. He noted that the ordinance could be amended if necessary. Mayor Pro Tem Dominguez questioned how the fine had been determined. Mr. Harper indicated that he was not certain but it might be the same as the State fines. - MOVED BY WINKLER, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 984, BY TITLE ONLY, UPON FIRST READING: ORDINANCE NO. 984 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 17 BY DELETING SUB-SECTION 78.090d MOTORBOAT; AND ADDING SUB- SECTION 200 MOTORBOAT NOISE TO 9.96 BOATING REGULATIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON-AGENDIZED ITEMS Ace Vallejos, 15231 Cobre, expressed concern with Item No. 11 of this annexation and questioned the reasoning behind proceeding with this Annexation. He stressed the importance of letting the residents decide if they want to be annexed. - CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting. PAGE ELEVEN - CITY COUNCIL MINUTES - KAY 24, 1994 CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. - CLOSED SESSION None. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:15 P.M. TO TUESDAY, KAY 31, 1994, AT THE LAKE ELSINORE CULTURAL CENTER FOR A JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY RELATING TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH RED LION HOTEL. t]-~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE ~/~~ FRED DOMINGUEZ, MAYOR PRO TEM CITY OF LAKE ELSINORE - -