Loading...
HomeMy WebLinkAbout04-24-1992 City Council/PC Study SessionMINUTES STUDY SESSION CIT7t OF LAKE ELSINORE PLANNING DEPARTMENT CONFERENCE ROOM 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA FRIDAY, APRIL 24, 1992 ***********~****************,r******~******************* CALL TO ORDER• The Study Session was called to order by Mayor Washburn at 1:05 p.m. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilwoman Cherveny. ROLL CALL• PRESENT: COUNCILMEMBERS: ALONG2, CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. BUSINESS ITEMS: Mayor Washburn requested deferral of Items 1 and 2 until the arrival of Councilman Winkler. 3. Exblanation of the Brown Act City Attorney Harper prefaced his comments with a reminder that the best idea is to call him whenever questions of potential conflict arise. With regard to the Brown Act he advised that all "public meetings" must be open to the public, except in the case of personnel matters, litigation and real estate transactions which may be discussed in closed session. He also advised that violations of the Brown Act are punishable as misdemeanors. He explained that a purely social function is not considered a public meeting. He further explained that two Councilmembers may not discuss a matter and obtained concurrence by a 3rd to proceed as this is considered a serial meeting. He also advised that Closed Session actions must only be announced if they pertain to personnel matters. City Attorney Harper detailed other points of the Brown Act such as the 72 hour posting requirement for City Council Agendas; and the ability to add items by a 4/5th vote. He also commented on specific changes currently proposed by Assemblyman Kopp and promised to keep the Council advised of changes as they occur. Page two Study Session - April 24, 1992 City Attorney Harper again stressed the importance of contacting him to prevent violations and in cases of uncertainty he recommended abstention from vote. He detailed prohibitions including contractual conflicts of interest; purchase of property in any project area excluding principal residence; travel discounts and consideration of evidence not presented in public hearings. Councilman Alongi questioned the ability of individual Councilmembers to endorse leqislation before higher bodies of Government. City Attorney Harper explained that the City may not expend funds toward passage or defeat of specific legislation, ballot measures, etc. He further clarified that individuals may support legislation, but may not arbitrarily do so on behalf of the Council. Councilman Alongi questioned conflicts between Ordinances and the Municipal Code. City Attorney Harper commented that generally this will not occur, but requested more information. Mr. Alongi specifically questioned Section 10.48.10 regarding ability to park vehicles for sale. Mr. Harper clarified and explained that in this type of conflict he would recommend dismissal and work to revise the Ordinance. 2. City Council Procedures Mayor Washburn highlighted the Council Policy Manual. Councilwoman Cherveny questioned the policy relating to Change Orders on public projects, which requires Council consideration of items involvinq 10$ of project costs or $10,000. She inquired whether there would be a limit to the number of change orders less than this amount staff could process without returning to Council. City Attorney Harper explained that generally each chanqe order would stand on its own because each represents a different modification. Public Services Director Tecca clarified that when the 10~ increase point is reached even with small change orders, staff routinely brings all change orders received to Council for approval, as well as all future change orders. Mayor Washburn commented on the Council's policies of courtesy and professionalism. He stressed that approved Council policies become the policies of the entire Council, no matter what the vote at the time of approval. He also commented on Committee assignments and the responsibility of each Councilmember to participate in this capacity. He reminded Council that there are no independent powers for any Councilmember. COUNCILMAN WINKLER ARRIVED AT 1:55 P.M. Councilman Alongi questioned response time to Councilmembers complaints and requests. City Manager Molendyk advised that staff strives for a 72 hour turn-around on Council requests; after 72 hours the department will provide a report on the status of the complaint. Page three Study Session - April 24, 1992 Councilman Alongi commented on insect problems being reported in the Community, specifically a caterpillar problem at Machado Pines Mobile Home Park. City Manager Molendyk advised that the City does not currently have a program to address this; however staff is working on a program in connection with the Western Riverside Council of Governments. Councilman Alongi stressed the need to address this problem at City Hall. City Manager Molendyk suqgested that Community Development Manager Shear investiqate the problem in connection with the Weed Abatement process. Ae commented that a number of these problems stem from the excessive rains and new vegetation growth. Mayor Washburn suggested that this is the type of problem which could be referred to a Council Committee. City Attorney Harper reminded Council of private property's impact on the ability to just solve some problems. City Manager Molendyk stressed the need to get as much information as possible, so staff can resolve problems and answer requests quickly. Mayor Washburn added that a number of the complaints received by the City actually pertain to the County. Mayor Washburn suggested that Council Committees and individual Councilmembers provide follow-up memos to the rest of Council to keep them informed of ineetings and City related contacts. City Manager Molendyk commented on Council office hours and the need to work out schedules. Mayor Washburn further commented that there is an informal policy for Council to share one office, but it can be worked out to accommodate specific requests. Councilman Alongi commented that he would like space to keep records and files. City Manager Molendyk advised that staff is working to provide Council individual storage space. City Attorney Harper cautioned Council that records could become public under some circumstances. Councilman Alongi advised that he intends to be in the office from 8 to 10 a.m. daily. Mayor Washburn questioned the ability to interrupt him. Mr. Alongi advised that would be no problem. City Manager Molendyk suggested, when appropriate, the use of conference rooms for meetings or privacy. Mayor Washburn suggested Councilmembers include appropriate department heads in meetings to help answer questions and obtain input for resolution of problems. City Manager Molendyk advised that press contacts are generally directed to the City Manager's Office. He further advised that Mayor Washburn has acted as the City's spokesman on Lake Management. Mayor Washburn explained that this was because of his participation on the negotiating team. Mayor Pro Tem Dominguez suggested response to reporters via FAX for documentation. Page four Study Session - April 24, 1992 Councilman Alongi questioned the ability to speak with the press when a Councilmember disagrees with the Citg or Council position. Councilman Winkler clarified that any Councilmember can respond to the press individually. City Manager Molendyk further clarified that simply votinq differently from the rest of Council might trigger the press to ask questions of individuals and response to those questions would be appropriate. City Attorney Harper cautioned Council about discussing matters from Closed Sessions, as they are confidential and disclosure may represent a misdemeanor violation. 1. Goals and Objectives. Mayor Washburn commented on the General Plan Goals and Objectives and Redevelopment Agency Project Areas. He further commented that any amendment to existing Project Areas or establishment of new areas requires renegotiation of agreements for pass-through to other agencies. City Manger Molendyk listed the present Goals and Objectives as follows: 1) Public Safety-high priority; possible supplemental security. 2) Master Planning of Parks, Economic Programs, Circulation Plans, etc. 3) Downtown/Central Business District working to upgrade Main Street and historical buildings; also nuisance abatement and clean-up. 4) Housing-More affordable housing including rehabilitated and new housing, assessment District behind City Hall. 5) Street Programs - 5 year program in place. 6) Recreation and Park Programs - Methodist Church acquisition; Cultural Arts Programs. 7) Economic Development - major interest in theater, etc. 8) Lake Management. Councilwoman Cherveny questioned the status of the Lakeshore Bridge. Public Services Director Tecca advised that a repair project will be considered on the next agenda. City Manager Molendyk commented that the replacement project should be beginning in August. Mr. Tecca further advised that the Hydrology Studies completed for the bridge previously were based on"completion of the Lake Management Project, and new work may be necessary before work can begin. City Treasurer Pape questioned the need to spend money to repair the bridge at this time if replacement work is to begin in August. Page five Study Session - April 24, 1992 Mayor Washburn clarified that the bridge has been certified, but is being addressed to reduce concerns which have recently arisen. Public Services Director..Tecca explained that this is a Caltrans bridge, subject to their certification; it has received certification for full load weights, however they recommend replacement or repair. City Treasurer Pape suggested replacement rather than repair. Councilman Alongi questioned the variation in the two recent reports. Staff clarified. Councilwoman Cherveny questioned the current agreements with the State for access around the Lake. Councilman Dominguez commented that he believes the only existing agreement is with the military academy. City Attorney Harper advised that he is not sure what rights exist and suggested a court may need to ultimately decide this. Councilman Alongi stressed the current concerns of the residents. City Attorney Harper stated that generally the same property rights will carry from the State to the City. City Manager Molendyk explained that the rights of the property owners will need to be addressed as part of the transition process following final approval of AB 1697. Mayor Washburn stressed that the General Plan and the Annual Budget are the main resource for setting Goals and Objectives. He requested Council input on individual goals. Councilman Winkler commented on the Budget process and supported the following goals. 1) Assessment District behind City Hall - suggested use of RDA money to initiate. 2) Public Safety - encouraged Study Session with the School District to address gang and drug problems; stressed need for community involvement to reduce crime. 3) Lake Management - need to improve relations between City and E.V.M.W.D. Councilman Dominguez concurred with the Goals mentioned and stressed the need to initiate requests through the City Manager so he c~n delegate work to appropriate staff. Councilwoman Cherveny advised that her most important issue is PUBLIC SAFETY. Councilman Alongi advised that his goals are: 1) Police - security program 2) DBA - renegotiate agreements 3) Chamber of Commerce relations/programs Low interest loans; review RDA 4) Affordable Housing Page six Study Session - April 24, 1992 City Manager Molendyk questioned the Security Program suqgested by Mr. Alongi and inquired if it would be a private firm or if it would be owned and operated by the City. City Attorney Harper also suggested another alternative would be a uniformed volunteer patrol. City Manager Molendyk commented that the volunteer patrol was attempted and liability became a factor. COUNCILMAN WINKLER LEFT THE MEETING AT 3:20 P.M. City Manager Molendyk clarified the inability of the current security firm to make arrests. Councilwoman Cherveny stressed the need for security in other areas of the City. City Manager Molendyk concurred that a moveable focus would be appropriate for this security. Councilwoman Cherveny expressed concern with the daily cleaning of the downtown area and the appearance of preferential treatment. City Manager Molendyk explained that the intent of the daily cleaning was to maintain the area during construction and help draw the tourism reputation to the area. Prior Council policy was to maintain a higher level of maintenance like a mall; however Mr. Molendyk suggested that it could possibly be reduced after construction and the related dust were no longer a factor. Councilman Alongi suggested participation of the D.B.A, to assist with maintenance. He also further addressed the use of security as an alternative to the cost of police services. ADJOURNMENT BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE STUDY SESSION AT 3:25 P.M. . n r /~ AT ST: ~ VICKI KASAD, CITY CLERK