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HomeMy WebLinkAbout09-03-1992 City Council Study SessionMINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA THURSDAY, SEPTEMBER 3,,1992 ~ ******************************************************************************* CALL TO ORDER The Study Session was called to order by Mayor Washburn at 3:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ALONGI, DOMINGUEZ, WINKLER, WASHBURN CHERVENY Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Community Services Manager Sapp, City Planner Christen, Public Services Director Tecca, Special Projects Coordinator Basham, Landscape Consultant Kobata and City Clerk Kasad. BUSINESS ITEMS S ecial Events Ordinance. (F:151.1) City Attorney Harper commented on recent discussions regarding special events and advised that a recent Supreme Court decision which requires that events be "content neutral" and very little independant conversation is allowed. He explained that waiver of fees is not really an option any longer, as they could potentially involve free speech issues. He also explained that he is in the process of redrafting the ordinance to address the new constitutional issues. Councilman Alongi inquired whether a group wanting to hold a picnic in the park with no freedom of speech issues, could do so and obtain a waiver of fees. City Attorney Harper advised that if the ordinance is specific as to the types of non-commercial speech issues allowed, potentially the fees could be waived. He further advised that it is important that the fees charged can be verified as the actual costs to the City. Community Services Director Watenpaugh stressed that content neutral criteria would be necessary to determine whether fee waiver is possible. City Attorney Harper further clarified that while discussion of waivers of fees is difficult to start wii.h, he is attempting to provide an ordinance as close to the constitutional requirements as possible with some level of flexibility. Councilman Alongi questioned the ability to waive fees for non-profit groups or in cases of hardship. Councilman Winkler commented on the event recently approved at Yarborough Park and the potential that it could be construed as a non-profit organization, however it could also become a freedom of speech issue. City Attorney Harper advised that this is specifically the type of case that might come up. Community Services Director Watenpaugh indicated that all of these types of cases will need to be referred to the City Attorney for direction. City Attorney Haper further advised that while he can draft an ordinance to comply, the discretion requested is not possible. Councilman Alongi questioned the descrimination in co-sponsoring an event. Community Services Director Watenpaugh indicated that the question is the understanding of "co-sponsorship". He further indicated that it will be necessary to list criteria and specifically define "co-sponsorship"; and then it comes down to which events are considered. Councilman Alongi questioned the ability for the City to manage the Rodeo Parade. Mayor Washburn commented on waivers of fees vs. co-sponsorship. PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 3, 1992 Councilman Winkler stressed the importance of keeping the fees from being appressive. Councilman Alongi questioned the legal problems with waiving fees. City Attorney Harper indicated that the it only becomes a problem if a~lawsuit occurs and this would generally be resolved before a lawsuit were to proceed. He further indicated that the insurance requirements might be an area of question. Councilman Winkler commented that once there is no waiver of fees, some organizations may proceed with their events any way. Community Services Director Watenpaugh indicated that we may be able to justify waivers, however it still depends on the lawsuits which might be pursued. He further stressed that this is the reason the matter is being brought back to provide more detail on the alternatives. Councilman Alongi inquired what the City Attorney's direction to Council would be. City Attorney Harper advised that he would draft an ordinance with as much flexibility as is possible. Councilman Winkler suggested that no waivers of fees be allowed and the City strive to keep the fees as reasonable as possible. He further suggested that with adequate advance notice, most groups could find funding for parades, etc. Councilman Alongi inquired whether it would be possible to establish a fee structure with rates for non-profit organization such as a flat fee of $50.00 each event and the next level with minimal fees for specified groups. City Attorney Harper indicated that variable fees levels could be set for different types of uses, based on actual cost factors. He further indicated that the ordinance can address public vs. private property, scheduling restrictions, etc. City Manager Molendyk commented on Propositions 13 an 4 which forced the City to operate like a business and required that the users pay. He stressed the need to recover actual costs, particularly in light of the State Budget situation and the cuts which are anticipated. Councilman Winkler commented on Proposition 4 and alternatives to reduce the charges to users. He inquired whether the new decision would preclude charging non-residents at a different fee than residents. City Attorney Harper clarified and stressed the descrimination clause. Mayor Pro Tem Dominguez questioned the ability to develop a formula based on the types of events. City Attorney Harper indicated that this is possible to calculate. Mayor Washburn questioned the current minimum charge. Community Services Director Watenpaugh advised that it is $50.00. City Manager Molendyk questioned the ability to budget the events up front. City Attorney Harper indicated that this doesn't solve the problem. He further stressed the need to calculate actual cost for events which would be acceptable for waiver, but the problem is still discrimination between events. City Manager Molendyk suggested the alternative of co-sponsoring the smaller events. City Attorney Harper indicated that if the purpose is to avoid charging fees and requiring insurance, and easy alternative is to require fees from all or not charge•any fees. He questioned the actual fees being collected annually. Community Services Director Watenpaugh indicated that the biggest part of the cost is staff time for public works. Hilda Barnhart inquired if the ordinance could address profit vs. non-profit events. City Attorney Harper clarified charges for commercial vs. non-commercial speech issues. He stressed that the City cannot give discretion to descriminate. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 3, 1992 Mayor Pro Tem Dominguez inquired whether commercial vs. non-commercial would address the rodeo (with profit) vs. the parade (with no profit). Councilman Winkler commented that if the parade will cost the City and no fee~ are charged, then any organization can provide a parade with no fees. City Attorney Harper suggested that one alternative is to limit the total number of parades allowed. Mayor Washburn commented that it appears that waiver of fees will just not occur. Councilman Winkler suggested that investigation of where fees tend to be waived is necessary. City Attorney Harper further clarified that commercial vs. non-commercial tends to be interpreted in a number of different ways. City Manager Molendyk commented that work is in progress to make the process easier for applicants. He inquired whether a non-profit organization could process a bulk application for multiple events. City Attorney Harper confirmed that would be acceptable. Councilman Alongi questioned the payment of fees if this was done. Mr. Harper advised that it would not reduce the fees, however, it would reduce the up front staff time to process applications. Community Services Director Watenpaugh clarified the types of fee waivers allowed in the past and the previous problems with voluteer assistance. He stressed the necessity of insurance and the limitations of coverage for events by the J.P.I.A. He suggested that staff proceed with the redraft of the Ordinance and incorporate Council Comments where possible. City Attorney Harper advised that he would do what he could to allow flexibility and from there we can address problems as they occur. 2. Master Plan of Parks. (F:114.1) City Manager Molendyk commented on the growth of the Community and the formula by which the City has operated to insure adequate park facilities. He stressed the aggressiveness nf the park p~ogram over the last four years, which has required park facilities be provided by developers up front. Community Services Director Watenpaugh commented on the master plan documents and the Master Plan Element adopted in 1982. He stressed the changing nature of this documentation. He explained the Quimby Act Legislation which allaws the City to collect fees for parks; and the City's ability to collect increased fees due to the level of park facilities held when the legislation was enacted. Councilman Winkler questioned the ability to make an agreement with Ortega Trails to allow them to collect increased allocations. Community Services Director Watenpaugh indicated that would not be possible. Community Services Director Watenpaugh highlighted the current master plan and showed renderings of upcoming park facilities. He detailed the specific zones for use of park fees. He presented a chart of the master trails system which supports the County primary trails system. Mr. Watenpaugh indicated that he would like to obtain general support from the Council to take these documents public and obtain input. Councilman Winkler inquired whether park fees are reviewed annually. City Manager Molendyk advised that the fees are reviewed as part of the budget process. Community Services Director Watenpaugh detailed the proposed future sites and improvements and the costs associated with them. He explained the formula for establishment of the park fees. City Manager Molendyk commented on the Lake and questioned the ability to shift the impact areas to assist with costs for improvement of the PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 3, 1992 shoreline. He further commented on the 1,400 acres of open space currently dedicated to the City and stressed the responsibility for this property. He questioned maintenance factors and how they should be handled. Community Services Director Watenpaugh showed a map of the open space currently dedicated. ~ Mayor Pro Tem Domingeuz questioned the availability of Bike Trails. Community Services Director Watenpaugh clarified he that the equestrian trails shown on the map are those designated by the County and not all City trails are represented. Councilman Alongi questioned future plans for a Community Pool. Community Services Director Watenpaugh presented a conceptual plan for a park and detailed the potential costs for operation a~d maintenance. He also commented on discussions with Temescal High School for a joint use pool facility. Mr. Watenpaugh also explained the preference for an indoor pool to allow for increased availabiltity of programs. Councilman Alongi questioned the operational costs presented. City Manager Molendyk reminded the City Council that as a municipality there are increased needs for life guards, etc. to reduce liability. Additional discussion of size of pools and level of maintenance, building costs and time line for completion ensued. Mayor Washburn inquired what the next park facility with tennis courts would be. Community £ervices Director Watenpaugh indicated it would be McVicker Park to be completed in 1994. Councilman Alongi inquired what facilities would be completed in 1993. Community Services Director Watenpaugh indicated that Summerhill Park would be completed in 1993. Councilman Winkler questioned the mining operation at the McVicker Park Site and the final level of the park. Landscape Consultant Kubota indicated the park would be brought up to the grade required by the City. Councilman Winkler further questioned the ability to provide a Community Center at McVicker Park. Community Services Director Watenpaugh commented that this might not be possible and detailed the proposed park configuration. Councilman Winkler also questioned the provided at McVicker Park. Mr. Kubota proposed, however there would probably number of Baseball Fields to be indicated that no formal fields are be room for one. Mayor Washburn inquired what additional facilities are needed based on current demographics. Mr. Watenpaugh indicated that a Community Center is the primary need at this time. He commented on the difficulty of programing for teenagers and explained facilities that the Community Center might be able to encompass. Mayor Pro Tem Dominguez requested that staff review the possibility of resident vs. non-resident fees. Councilman Winkler commented on the time factor for staff to administer these fees. He suggested that the earliest these fees should be implemented is 1994. Discussion of Swick/Matich field followed particularly pertaining to the existing contract with Ortega Trails Recreation and Park District. Councilman Alongi questioned the zones. Mr. Watenpaugh indicated changed to accomplish this shift. ability to shift funds between impact that the resolution would need to be MAYOR PRO TEM DOMINGUEZ LEFT THE MEETING AT 5:00 P.M. Community Services Director Watenpaugh inquired whether he would be authorize to proceed with the public input process. Council concurred. PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 3, 1992 Councilman Winkler indicated that he was still interested in pursuing ball fields at McVicker Park with ninety foot base pads. Mr. Watenpaugh advised that he would address ball fields as an issue. THE STUDY SESSION WAS ADJOURNED AT 5:05 P.M. ~ A TEJT: il~ ~ VICKT KAS ~, CITY LERK CITV OF LAKE ELSINORE ~ /~ 'd' l , ~ GARY . ASHBURN, MAYOR CITY F LAKE ELSINORE