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HomeMy WebLinkAbout07-26-1994 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 26, 1994 ~ **********************************.****************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Alongi. ROLL CALL PRESENT: COUNCILHEHBERS: ALONGI, BENDER, PAPE, WASHBURN ABSENT: COUNCILHEHBERS: CHERVENY Also present were: City Manager Molendyk, city Attorney Harper, Administrative Services Director Boone, City Planner LeSlie, Acting Chief Building Official Russell, Community Services Director Sapp, Public Services Director Tecca, Manager of special projects watenpaugh, special projects Coordinator Wood and City Clerk Kasad. PRESENTATIONS/CEREMONIALS - A. Presentation - Police ODerations. (F:127.2) Captain Yankee explained the types of crime occurring in the Community and detailed the reductions which have been seen in the last year. He further detailed recent statistics for crimes against persons, property crimes and gangs & narcotics crimes. He also detailed data concerning use of Proposition 172 funds to target specif ic problems. He stressed the recent crime trends and noted the areas not addressed by this report. He indicated that the entire report would be on file with the City Clerk's Office. Councilman Bender thanked Captain Yankee and the officers involved for their efforts which have been effective in fighting crime. He noted that it is good to see positive improvement rather than the obvious negative aspects of crime. PUBLIC COHHENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 31 and 34. - CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1.a., 6 and 10. MOVED BY BENDER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE TWO - CITY COUNCIL MINUTES - JULY 26, 1994 1. The following Minutes were approved: (F:44.4) b. Regular City Council Meeting - July 12, 1994. 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for June, 1994. (F:18.2) 3. Received and ordered filed the Investment Report for June, 1994. (F:12.5) - 4. Ratified Warrant List for July 19, 1994. (F:12.3) 5. Rejected and referred to Claims Administrator for handling the Claim Against the City submitted on behalf of Alan Wayne Whysong (CL #94-14). (F:52.2) 7. Authorized Staff to Complete Cultural Center - Phase I proj ect by transferring $31,950 to the Cultural Center Project Account. (F:134.10) 8. Adopted Resolution No. 94-34 relating to Establishment of a Vehicle Impound Cost Recovery Fee. (F:127.2) RESOLUTION NO. 94-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING A VEHICLE IMPOUND COST RECOVERY FEE. 9. Adopted Resolution No. 94-35 approving Amendment of Conflict of Interest Code for Designated Employees. (F:116.5) RESOLUTION NO. 94-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING AMENDMENT TO THE EXISTING CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES. ITEMS PULLED FROM CONSENT CALENDAR 1 . Minutes a. citv Council Work Session - June 21. 1994. (F:44.4) Councilman Pape noted that this meeting occurred before he was sworn in to office and advised that he did not feel it was appropria.te to vote. City Attorney Harper clarified that under normal circumstances, there would be no problem based on the assumption that the tape of the meeting had been reviewed, however he concurred that it might be appropriate to abstain in that he would not have been a participant in the meeting. MOVED BY WASHBURN, SECONDED BY BENDER AND CARRIED BY A VOTE OF 3 TO o WITH PAPE ABSTAINING AND CHERVENY ABSENT TO APPROVE THE MINUTES OF JUNE 21, 1994 AS PRESENTED. 6. City Hall Alarm Svstem Contract. (F:50.1) Councilman Alongi inquired whether the company proposed for the contract was the same one that already handles the Senior Center and the CuI tural Center. ci ty Manager Molendyk confirmed that it was the same company. Councilman Alongi questioned why the proposal for City Hall would be less than - PAGB THRBB - CITY COUNCIL MINUTES - JULY 26, 1994 - for the Senior Center. Public Services Director Tecca indicated that he was not certain, but speculated that it was because the alarm system was used more frequently at the Senior Center. Councilman Alongi indicated that this still puzzled him, but indicated that if staff was satisfied with the proposal he would not have a problem. Mr. Tecca indicated that he would prepare a report clarifying this information for the Council. MOVED BY ALONGI, SECONDED BY PAPB AND CARRIED BY UNANIKOUS VOTB OF THOSB PRBSBNT TO TERMINATB THB BXISTING AGREBKEH'l' WITH A.D.T., PURCHASB NEW BQUIPMENT, AND ENTER INTO AN ANNUAL AGREBKENT WITH COMPUTER ALERT SYSTBKS FOR ALARM MONITORING. 10. Affordable Housinq Proqram - Resolution No. 94-36. (F:87.1) City Manager Molendyk noted that he had received a number of inquiries on this item and requested a continuance to allow for additional information to be provided. Councilman Alongi concurred, noting that he also has a number of questions. He suggested a study session on this topic. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTB OF THOSE PRBSENT TO CONTINUE THIS ITBK FOR ADDITIONAL INFORMATION. PUBLIC HEARING 21. Public Hearinq - Delinquent Refuse Billings. (F:163.1) City Manager Molendyk explained that due to the serious delinquency rate for solid waste collection fees, it was recommended that the City place the delinquent accounts on the tax bills. He stated that this has been done by other jurisdictions, and noted that it was previously recommended that the entire fee be placed on the tax roll to avoid this problem with billing. Mr. Molendyk stated that Council was not in support of this recommendation, and it was discovered that the only delinquent accounts could be placed on the tax rolls, without the inclusion of all others in the city. He stated that certain time frames apply, to place the liens on the property and the information must be filed by August 10, 1994. - - David Fahrion, Vice president, CR & R, stated that as each person addresses the Council he will note their questions and concerns and try to give them answers at the end of public testimony. He explained that CR & R is experiencing an 18% delinquency rate which currently amounts to $109,808.66. He stated that his company has already written off approximately $66,597 of uncollectible accounts due to owners or renters moving out of the area. Mr. Fahrion stated that at the City Council Meeting of May 24, 1994, Council directed staff and CR & R to prepare all delinquencies for collection of past due fees via the tax roll. In addition, CR & R was directed to only bill property owners for the refuse service, as prescribed in the ordinance. He gave an overview of the process CR & R has used to try and collect delinquent accounts. He stated that the properties that end up on the tax roll will pay the same rate on a going forward basis as the properties that are billed directly by CR & R. He stated that the commercial customers have been impacted by the PAGE POUR - CITY COUNCIL MINUTES - JULY 26, 1994 nonpaying residential customers illegally dumping in their containers. Mr. Fahrion indicated that adding the delinquencies to the tax roll was recommended to avoid having to increase the rates by $2.39 per month to the over 4,000 properties that do pay in a timely manner. He asked that the City Council enforce the Lake Elsinore Municipal Code Section 8.16.280. He explained that if the property owners wish to resolve their bills prior to August 1, 1994, they can send in the delinquent amount, or show proof that they were not the owner of the property at the time the debt was incurred. Mayor Washburn opened the public hearing at 7:34 p.m. and called upon those persons who had requested to speak: - Greg Schumm, parkview Villas, 686 parkview Drive, stated that the former association did not pay the refuse bills and now it is proposed to place the delinquent amount on the property owners who had been paying the former managers. He stated the problems being experienced by the 127 units in the villas. He stated that he would appreciate Council helping them to resolve the problems with parkview Villas and suggested that possibly CR & R could set up a commercial rate, which the newly formed association could pay. Jerry Stewart, 105 E. Flint Street, stated his opposition to the trash bills being placed on the tax rolls. He stated that it is the trash company's responsibility to collect the delinquent bills and not the city's. He stressed that this is a fee and he did not believe it should go on the tax roll. -He explained that other cities use the utility company for collection of their bills. He also stressed that it is not fair for the property owner to have to pay for trash bills for renters, when it is their responsibility to pay and CR & R's responsibility to collect. - Mariana Mohylyn, 305 W. Sumner, stated that the trash billing is in the name of her mother who has passed away. She further stated her objection to the billings continued on an account of a person who is not there. She stated that when no trash is being generated nor collected, there should be no billing and this should not go on the tax roll. Rudy Lacayo, 32234 Lakeview Terrace, stated that he did not feel that it was the job of the City to place CR & R's trash bills on the tax rolls. He stated that if people do not pay their water or gas bills, service is discontinued and the account taken to collections. He stated that he is a property manager in the City and if his tenants do not pay their rent then he cannot come to the City to make collection. He stated his main objection to this issue is that property owners are only given two weeks to resolve the delinquent bills and some of them have just found out about them; and that does not give the owner the opportunity to collect the money necessary to settle the delinquency or resolve errors. Gladys Castillo, 22507 Lemon Street, stated that she has a rental on Shrier Street, and indicated if the renter does not __ get rid of the trash then she and her husband take care of it and haul the trash away. She stated that there has never been a trash problem on her property and she does not use CR & R. Mayor Washburn called for anyone else wishing to speak. PAGE FIVE - CITY COUNCIL MINUTES - JULY 26, 1994 - Hearing no one the public hearing was closed at 7:45 p.m. Mayor Washburn stated that the City does have a franchise agreement wi th CR & R and he has recei ved several calls regarding this issue. He stated that the City does need to resolve the problems with the overflow of trash at commercial sites caused from illegal dumping of nonpaying customers. He explained that his other concern is the rentals. David Fahrion responded to the questions from the public. He stated that in reference to Mr. Schumm's question regarding Changing parkview Villas from single-family residential to commercial for the entire complex; that can be arranged if there is a place for their containers which are accessible to the trash trucks. He will be glad to discuss this with Mr. Schumm. Mr. Fahrion stated that in regard to Mr. Stewart's comments, if there is a delinquency his company is trying to get to the property owner to prevent passing on the cost of the delinquencies to the rest of the customers who pay in a timely manner. Mr. Fahrion stated that they have talked to the water companies and their billing systems do not have the capability to handle the trash since their systems split the city. He stated that if it were one water provider it would not be a problem. Mr. Fahrion explained CR & R's billing procedure to address the delinquencies. Councilman Pape clarified that either the choice is everyone pays their fair share or those that are currently paying would receive an increase to make up for those that are not paying. Mr. Fahrion confirmed that Mr. Pape was correct. - Councilman Alongi stated that his concern was that the landlords did have prior knowledge that the renters had signed up for the service and then the renter does not pay. He explained that if the landlord does not have knowledge that the renter has signed up for trash, then it is hard for him to know that the bill was not paid. He stated that with the landlord fully responsible for the trash, then there is no problem. Councilman Alongi stated that the calls that he has received have been to the effect that the owners were not aware of the delinquency, but now that the owners have been notified, it does seem fair to give the owners time to pay the account before it goes on the tax rolls. He stated that he would like to see this action done once a year and if the account is not paid then they know it will be on their tax bill. Councilman Alongi stated that he did agree with Former Mayor Stewart regarding collections, except that this is the responsibility of the City because there is a franchise and the City and CR & R will loose money if the bills are not paid. Councilman Bender stated that he agreed with a lot of what Councilman Alongi said, and noted that the City is in a catch- up phase. He further noted that the previous council worked on this for approximately six months before the issue came to this council. He explained that the city is obligated to maintain the safety and health standards; and unfortunately not everyone is considerate of health standards and without them the City would be in chaos. Councilman Bender stated his concern that the owner does not have a lot of time. He stated that they need notification and he does agree with CR & R's PAGE SIX - CITY COUNCIL MINUTES - JULY 26, 1994 solution, but the City is in a catch-up phase and he would like to see some leniency, perhaps a reduction of the late fees. Mayor Washburn clarified that this action is for residential only and not commercial. Jerry stewart asked if this was a first hearing on this action or will there be another hearing. Mayor Washburn stated that there was a study session on this matter and this is the final public hearing phase. Mr. stewart stated that there are several trash collection agencies available and he would like Council to look at this issue again, and consider that just because other cities have taken this action does not mean that this City should. - Councilman Alongi stated that he did agree with Mr. stewart and explained that it is not over yet. Mayor Washburn questioned the target date. Mr. Fahrion explained the notice procedure, and advised that CR & R needs to provide the tape to the County by the 10th of August and BSI needs a few days to fine tune the billing to be sure that the persons who have paid are off the roll. He stated that CR & R could relieve the late fees to the owners. He explained that per the city Ordinance it is a 10% late fee per month and they did a flat 10% rather than per month. Mr. Fahrion stated that as a compromise that his company would waive the late fee, but that all else not paid should go to the tax roll to insure that the property owners are properly notified. Councilman Bender stated that during his campaign he heard that the people who do pay their trash bills do not want to pay for the people who do not and thanked Mr. Fahrion for his leniency on the late fees. Councilman Alongi stated that he has a problem with the transition between the tenant and the property owner turnover and he wants to be sure that the owners are not held responsible for the tenants that have moved away, with no recourse to recover their money. He explained that he does not want to rush into this action because of this issue. - Councilman Bender stated that the City Council has worked on this issue for the last six months and although the property owners were not aware of the ordinance, the process was out there and was set into effect. He stated that if the Council does not deal with this now, then next year there could be twice the problem and he does not want to reinvent the wheel, but rather to place into motion what has already been set to implement. He stated that he feels that this is about the only answer to this particular dilemma. MOVED BY BENDER TO PLACE THE DELINQUENT ACCOUNTS REMAINING ON AUGUST 5, 1994, ON THE TAX ROLL. Councilman Alongi questioned if there would be a minimum - amount, like $40.00. Councilman Bender amended his motion, and hoped that CR & R did not have a bOOkkeeping nightmare, that those persons who have their bills can just cross out the late fee and those r i PAGE SEVEN - CITY COUNCIL MINUTES - JULY 26, 1994 properties one quarter or less delinquent would not go to the tax bills, with the motion to read as follows: MOVED BY BENDER, SECONDED BY PAPE TO PLACE THE REMAINING DELINQUENT _ ACCOUNTS BY AUGUST 5, 1994, ON THE TAX ROLL, OMITTING THE LATE FEES AND REMOVING THOSE PERSONS WHO ARE ONLY ONE QUARTER DELINQUENT. Councilman Pape stated that due to extended vacations which people take in the summer, they could be billed on a delinquent account and be gone and not even know that the account is delinquent. Councilman Alongi asked if the maker of the motion would amend his motion to state that not less than one year delinquency would be placed on the tax roll. If they do not choose to amend this then he would ask that it be a subsidiary motion. Mayor Washburn stated that the maker of the motion was not yielding on his motion and asked Councilman Alongi if he would like to make a subsequent motion. Councilman Alongi stated that he would not. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. BUSINESS ITEMS - 31. Second Readina - Ordinance No. 985 - Relating to Public Leaseback. (F:126.5) MOVED BY WASHBURN, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 985 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 985 AN ORDINANCE OF THE CITY OF LAKE ELSINORE APPROVING A PUBLIC LEASEBACK. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILKEKBERS: BENDER, PAPE, WASHBURN NOES: COUNCILKEKBERS: ALONGI ABSENT: COUNCILKEKBERS: CHERVENY ABSTAIN: COUNCILKEKBERS: NONE 32. Outflow Channel Fence Replacement. (F:92.2) City Manager Molendyk noted that this issue has been reviewed by Council previously and the previous options were to consider a six foot chain link fence and decorative gates along the Outflow Channel through the middle of town per the original specifications; to install a six foot chain link fence and K-rails; and install the six foot chain link fence in the areas required and leave the K-rail out completely. He explained that since the last meeting the City has met with the Riverside County Flood Control District representatives to consider some of the options and because of the illegal dumping in the channel, and the potential danger to children, it is recommended that the entire length of the channel be PAGE EIGHT - CITY COUNCIL KINUTES- JULY 26, 1994 fenced with chain link to increase safety and prevent people from dumping. He stated that the City has applied for a grant for landscaping and as money becomes available and improvements are made on the channel, then the chain link can be replaced. Councilman Alongi stated that his preference would be the first option utilized by installing six foot chain link fence with decorative gates along the channel. - Mayor Washburn stated that he has grown up with no fencing on the channel and he would like to see the railing along the bridges, with the money for the fencing directed into the money for the grant for landscaping. He stated that he understands the reason for the fencing, but temporary becomes permanent. He explained that he would rather hold off on the fencing until the money comes through for the landscaping. City Manager Molendyk stated that he understands Mayor Washburn's concerns, but until now the Outflow Channel has not been an official entity and for years the City nor the County have taken responsibility for it. The Channel is now owned by the County Flood Control District and there would have to be a Hold Harmless Agreement with the County to relieve them of the liability. Councilman Pape asked how long it will be before the City knows if it has other sources of funds. city Manager Molendyk indicated that at this time the amount of money the City would receive from the grant might do the section from Graham back to the Lake. He stated that it would take a lot more dollars to landscape the channel all the way through town. - Manager of Special Projects Watenpaugh stated that the grant that the City applied for was for $150,000. He explained that $100,000 was for minimal landscaping and shrubbery along the right-of-way which would be used as a trail system. He stated that the dollars from the grant did not include barriers or fencing and were based on the channel being dry. Councilman Alongi requested clarification of "minimal". Manager of Special Projects Watenpaugh indicated that it was minimal with shrubbery, trees and irrigation along both sides of the right-of-way on the top and hydroseeding the channel itself. He explained that the additional dollars would be $100,000 for another area that will not be ready for 18 months and Mr. Ken Edwards has recommended that these funds be allocated to Lake Elsinore. Councilman Pape asked when the City would know. Manager of Special proj ects Watenpaugh indicated that the letter received from Ken Edwards of the Riverside County Flood Control did not give a specific time or notification. City Manager Molendyk stated that what he is seeing for the -- first time is that the City is being asked to submit for grants and the bottom line is if the State has the money, they will allocate the grants. He explained that if there is $500,000 left, then the City would be allocated some grants, I-~~---~~ I i PAGE NINE - CITY COUNCIL MINUTES - JULY 26, 1994 - - .---. if there is no money left, then the City would receive none. Therefore, there is no time limit. Mayor Pro Tem Bender stated that he agreed with Mayor Washburn regarding the aesthetics. He explained that he does not believe that a fence will keep children from going where they want to go. He noted that the Channel project is close to being completed and the funding for the cyclone chain link fence has already been allocated by the state or County and doesn't cost the City anything to complete; and he agrees with Councilman Alongi to go with option No. 1 and allow them to install the fence since we do not presently have the funds. Mayor Pro Tem Bender stated that the City can take down the fence at a later time, if and when the grants are received to accomplish this. Councilman Alongi explained that he does feel the same way as the Mayor, but he feels that the City needs to cover the liability by having the fence. He stated that the City has a very effective street program going and each year the City budgets to do so many streets, and over the years the city has done a great job. He explained that possibly dollars could be set aside to address the channel each year to landscape, place benches and other enhancements. He noted that it might be a four or five year plan, but it would be affordable and accomplish what the City wants. Mayor Washburn asked if the City pulled down the fencing, would the liability fall on the city. city Manager Molendyk confirmed that the City would assume the liability; and if the City decided not to allow the fence, then the City would have to sign a Hold Harmless Agreement and assume the liability and maintenance responsibilities. He explained that if the city took down a mile of fencing and improved that section, then the City would have to sign a Hold Harmless and take over the maintenance and liability for that section. Mayor Washburn asked if the City went with the first option and provided the gates, how far to the bridges will the six foot fencing go, and where would the decorative railing drop off the bridge and meet at the Channel, and are the gates large enough for an emergency vehicle to enter to have access to the Channel. city Manager Molendyk stated that there is a transition between the tubular fence and the chain link fence and Ken Edwards indicated that the County would allow space for hiking and bike trails along the Channel. He stated that the gates would be accessible to both the County and the city. Manager of Special Projects Watenpaugh stated that the transition from railing to chain link is different with each bridge, but there is a transition and the access gates would be large enough for emergency vehicles. Councilman Pape stated that if allowance is made for hiking and bike areas along the channel, then the fence is only good for keeping persons from dumping_ City Manager Molendyk stated that the fence would prevent illegal dumping, but it is the option of Council to lock up the area to prevent anyone from entering. Councilman Pape stated that in that case he would rather not have a fence. Mayor Washburn stated that he has not had a chance to sit down PAGE TEN - CITY COUNCIL MINUTES - JULY 26, 1994 with staff and do a complete review of this project and he knows that staff is presenting this item because the contractor is due to complete the channel and wishes to finish, but he stated that he has a problem with spending 8 or 9 million dollars on this project and capping it off with a chain link fence. He stated that he knows that it is the Army Corp of Engineers trying to complete the Flood Control Channel, but he wants to see the channel enhanced and make the channel another park through the center of town. Mayor Washburn asked if there was anything pressing to adopt this, because he would like more time to consider it. - City Manager Molendyk stated that Council has options, but the County is looking for a decision and would like to close out the project the first part of September. He stated that the County needs to know what the City wants to complete the project. Mayor Pro Tem Bender stated that if the Council does not go for the chain link fence then the county is going to declare the project finished and the City will assume the liability and maintenance for the Outflow Channel and anything that goes in it if there is no fence there. He stated that he does not feel that the City is capable of handling the liability and maintenance at this time. Mayor Pro Tem Bender commented that the City has the option to come back later and change areas to the way the City would prefer to see them. Councilman Alongi stated that he feels that public safety is the issue and considering the fact that two boys had to be pulled from the Channel recently. He indicated he would just as soon see the channel fenced since he feels that there are really not a lot of options. He explained that he would like to see the Outflow Channel done in sections and let the County assume all the responsibility until the City is ready to do the improvements. - Councilman Pape stated that the City had considered doing wooden posts with chain to prevent vehicles from entering close to the Outflow Channel. Mayor Washburn stated that it had been brought up, but was not followed through on. He stated that he thought the City was going to have a study session to consider all the options. Councilman Alongi questioned the absolute deadline. ci ty Manager Molendyk stated that the deadline was yesterday, but that the City can decide other options and the County felt that the Chain Link was the least expensive option and if the City wants something else, then the City will have to pay for it. He stated that the wood bullards with chain or cable is more expensive. MOVED BY WASHBURN, SECONDED BY PAPE TO SCHEDULE A STUDY SESSION TO FURTHER DISCUSS THIS MATTER WITH KEN EDWARDS OF COUNTY FLOOD CONTROL AND 3 B'S CONSTRUCTION WITHIN THE NEXT TWO WEEKS. - Councilman Alongi stated that he does not see the purpose of a study session since the Council has been given options and he felt that the City should go with the chain link to avoid liability. He stated that he does not especially like the PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 26, 1994 idea of a chain link fence going through town, but he stated he did not want to go another day being exposed to other liability. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 33. ApDointment of citv Treasurer. (F:49.1) Mayor Washburn noted that due to the recent election the position of City Treasurer had been vacated by Councilman Kevin Pape and explained that the California Government Code requires that this vacancy be filled within 30 days or a special election must be called. He further noted that this term of office will expire in November, 1995. Mayor Washburn recommended appointment of Gary Kelley to fill the position of City Treasurer for the remainder of the term until November, 1995. MOVED BY PAPE, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OP THOSE PRESENT TO CONFIRM THE APPOINTMENT OP GARY KELLEY AS CITY TREASURER UNTIL THE NOVEMBER, 1995 ELECTION. MAYOR WASHBURN INTRODUCED GARY KELLEY TO THE AUDIENCE. Mr. Kelley thanked the Council for this appointment and hoped for the ability to fulfill the duties as well as Councilman Pape had. MAYOR WASHBURN CALLED FOR A RECESS AT 8:35 P.M. TO ALLOW THOSE - PRESENT TO CONGRATULATE MR. KELLEY. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:50 P.M. 34. citv Council Conduct. (F:44.1) Mayor Washburn explained the responsibilities of the Chair in conducting a meeting and maintaining decorum at such meetings. He further explained the ability of any member of the board to call for the chair to call another member "out of order". He detailed other responsibilities of the Chair and clarified the use of city POlicy in addition to Roberts' Rules of Order. He clarified that it had not been his intent at the last meeting to limit Councilman Alongi's right to freedom of speech, but it was his responsibility to ensure maintenance of decorum. Councilman Alongi indicated that he could not disagree with the comments of Mayor Washburn. He further indicated that he wholeheartedly expects application of Council policy to all Councilmembers. He noted the impact of the outside pressures of being a Councilmember and indicated that this has caused his change in behavior on the Council. He indicated that he is not proud of this behavior. He noted the frustration caused by outside sources and comments and indicated that he has set himself back ten years. He advised that while he will continue to debate issues with the Council, he will ignore the newspapers. He apologized to the Council for his conduct at the July 12th city Council meeting. Mayor Pro Tem Bender thanked Councilman Alongi for recognizing PAGE TWELVE - CITY COUNCIL MINUTES - JULY 26, 1994 that his actions were not in the best interest of the Council or the Community. He stressed that it was acceptable to discuss vigorously, but at the same time decorum should be maintained. He further stressed that the new Councilmembers are not concerned wi th past circumstances, but they are concerned wi th the present and working together for the betterment of the Community. He requested that this item be removed from the agenda. __ Councilman Pape indicated that his reason for placing this item on the agenda was not to personally attack, but to let people know there is a professional attitude to be maintained at Council meetings. He stressed the importance of respecting each opinion, listening and voting, while accepting that sometimes there will be agreement and sometimes there will not. MOVED BY PAPE, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REMOVE THIS ITEM FROM THE AGENDA. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Jerry stewart, 105 E. Flint, expressed concern with the street Sweeping program and signage in his area, noting that one side of the street is scheduled as a commercial area and the other is scheduled as a residential area. He stressed the conflict this causes and noted tickets received by residents of Flint Street. He requested the opportunity to present the citations to the City for correction. Mayor Washburn indicated that staff will review the location and hours, noting that these comments could be the catalyst to correct the situation. - Bruce Stauffer, 220 Pepper Street, advised that he is the owner of the Lawnmower Shop impacted by the Mission Trail/Malaga Intersection Improvements. He stressed the problems he is having with dust, parking, ingress and egress and his concerns for water run-off during the rainy season. He noted that County and City representatives had been out to review the si tuation but the problem has not yet been resolved. Mayor Washburn indicated that it will be reviewed further and requested placement on an upcoming agenda. He noted the need for input from staff. Councilman Alongi inquired whether the City Attorney could rescind the citations discussed by Mr. Stewart. Mayor Washburn indicated that this situation will be discussed further. Matthew Anderson, 411 W. Graham, expressed concern with existing alleys in his area and suggested that one end be capped to prevent ongoing problems with speeding cars, graffiti, drug dealing, etc. He indicated that he has discussed this proposal with the Fire Department, CR & R, the Sheriff's Department and the City Engineering Department with all comments being favorable for this action. Mayor Washburn requested that staff investigate this matter and noted that he also received a similar request from Chris Klapper, in the same area. Lela Cardoza, 300 Ellis Street, indicated that the comments she had prepared were no longer applicable because of the comments of Mayor Washburn and Councilman Alongi. She instead expressed her support of Councilman Alongi and his efforts. - PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 26, 1994 - Bill staples, Lake Elsinore Marine Search and Rescue Commander, updated the Council on his organization. He noted that following the last discussion of liability insurance, there was an emergency meeting and the members made the decision to disband rather than becoming affiliated with the Coast Guard Auxiliary or another organization. He noted that the members will still be active as private citizens. Mariana Mohylyn, 305 W. Sumner, expressed concern with recent actions on her property, and commented that things were promised under pressure. She further commented that the action occurred too quickly without proper notification. She expressed further concern wi th city staff making entry into the building. She indicated that the city seemed to operating like Nazi Germany. THE CITY COUNCIL MEETING WAS RECESSED TO THE REDEVELOPMENT AGENCY MEETING AT 9:24 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:26 P.M. CITY KANAGER COMMENTS city Manager Molendyk reminded the Council and the community of the Budget Workshop scheduled for Thursday, July 28, 1994, at 8:15 a.m. in city Hall, followed by the Yarborough Park Expansion Project Groundbreaking at 10:00 a.m. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) Thanked the Sun Tribune Newspaper and Lowanna Maxwell for the article correcting his vote on the selection of Mayor. 2) Commended H.O.P.E. for their efforts, noting that in the first six months of 1994, they have helped 595 families, 1,657 people for a total of 15,000 meals, as well as 5,800 additional meals. He congratulated this group, noting that they are all volunteers. 3) He noted comments in the Californian regarding an incident at the Ball Field and stressed the importance of getting the information correct and allowing an opportunity to respond. Councilman Pape commented on the following: 1) Reminded the community of the Dedication at Yarborough Park and encouraged the public to attend. 2) Noted that this evening's meeting was a big step in the right direction for decorum and professional attitudes. He stressed the importance of a professional Council when developers are considering projects in the area. -- Mayor Pro Tem Bender commented on the following: 1) Addressed Mr. staples commending and thanking his organization for their volunteer efforts on the Lake. He looked forward to the potential of future efforts by the group. PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 26, 1994 2) Advised that the Save the Lake Committee of the Chamber of Commerce, meets every Tuesday at 8 a.m. at Park Plaza Restaurant, noting that it serves as a non-political forum for ideas to promote the Lake. He also announced the upcoming Lake Appreciation Day scheduled for August 6th and applauded the efforts of this Committee. Mayor Washburn commented on the following: - 1) Announced that the Storm won their game this evening 1 to 0, putting them in second place for the southern division. He noted the improved standings this half season over the last. 2) Advised that he spoke with Chris Klapper and her request was similar to that of Matthew Anderson regarding alleys. 3) Addressed Jerry Stewart noting that he will address the concerns with staff and the Sheriff's Department. 4) Indicated that he had received a two page summary report regarding growth in the retail clothing industry. He noted that Lake Elsinore ranked first out of 258 areas in California with a 520% increase. CLOSED SESSION Update on Pending Litigation a. City of Lake Elsinore vs. Ranel Development (Lytle Creek) - Case #213915. - b. City of Lake Elsinore vs. REWS, Inc. - Case #247782. c. City of Lake Elsinore vs. Classic Western Productions - Case #251374. d. Lake Elsinore Associates vs. ci ty of ~ake Elsinore - Case #243468. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:35 P.M. TO DISCUSS THE HATTERS LISTED ABOVE AS WELL AS CITY OF LAKE ELSINORE VS. DOWNTOWN BUSINESS ASSOCIATION AND DBL CONSTRUCTION VS. THE CITY OF LAKE ELSINORE. THE CITY COUNCIL MEETING RECONVENED AT 11: 00 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:01 P.M. /- CI F LAKE ELSINORE - A~l ~KI KASAD. CITY OF LAKE