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HomeMy WebLinkAbout12-13-1994 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH HAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 13, 1994 .~ ******************************************************************* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by city Manager Molendyk. ROLL CALL PRESENT: COUNCILHEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILHEMBERS: NONE Also present were: City Manager Molendyk, Assistant city Manager Rogers, ci ty Attorney Harper, Administrati ve Services Director Boone, City Planner Leslie, Interim Chief Building Official Russell, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects watenpaugh, City Treasurer Kelley and City Clerk Kasad. - PRESENTATIONS/CEREMONIALS a. Presentation - California Department of Conservation - Surface Minina & Reclamation Act Lead Aaencv Award. (F:103.1) Mayor Washburn invited John Burton, Assistant Director, Department of conservation; and Robert Munro, State Mining & Geology Board Member to the podium. Mr. Burton explained that this award represents excellence in management of the Mining & Reclamation requirements. He indicated that the City is in 100% compliance with the requirements of the Act. He expressed the appreciation of the Department of Conservation for local governmental agencies doing the job right. He presented the City with a Plaque recognizing this work. Mr. Munro noted that the Mining & Geology Board encourages local governments to do as much management in this area on their own and commended the City for their efforts. Mayor Washburn displayed and read the Plaque. He thanked the gentlemen for their time and this recognition. - PUBLIC COMMENTS - AGENDIZED ITEMS A request was received to address Item No. 7 of this agenda and deferred to that discussion. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 7 and 12. PAGE TWO - CITY COUNCIL MINUTES - DECEMBER 13, 1994 MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:44.4) a. Regular City Council Meeting - November 22, 1994. b. Special Joint City Council/Redevelopment Agency Meeting _ __ December 6, 1994. 2. Received and ordered filed the Building Activity Report for November, 1994. (F:32.2) 3. Received and ordered filed the Code Enforcement Activity Report for November, 1994. (F:54.1) 4. Received and ordered filed the Investment Report for October 31, 1994. (F:12.5) 5. Ratified Warrant List for November 30, 1994. (F:12.3) 6. Rej ected and Referred to Claims Administrator the Claim Against the City submitted on behalf of Daniel/Mary Lynn/Kyle Bowlin (CL #94-30). (F:52.2) 8. Adopted Resolution of Intention No. 94-62, Ini tiating an Amendment to Section 17.20.060 (Agricultural Residential (R-A) Development Standards) of the Zoning Code ZCA 94-3. (F:172.2) RESOLUTION NO. 94-62 -- A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING AN AMENDMENT TO SECTION 17.20.060 OF THE ZONING CODE (LOT AREA FOR THE R-A AGRICULTURAL RESIDENTIAL ZONING DISTRICT (ZCA 94-3). 9. Received and ordered filed the Annual Audit & Financial Report for Fiscal Year 1993-94, as presented. (F:24.1) 10. Approved Five Year Law Enforcement Contract with the Riverside County Sheriff's Department for the period July 1, 1995 to June 30, 2000. (F: 68 .1) 11. Approved Fire Protection Services Agreement with the County of Riverside for the period July 1, 1994 to June 30, 1997. (F:68.1) 13. Awarded Contract for the Lake Street Median Landscape Project to Emerald Landscape Services, in the amount of $70,177.00. (F:95.2) 14. Approved the following Cost Recoveries for Abatement and Authorized the Placement of Special Liens against the Properties through the Riverside County Assessors Office: (F:32.4) a. 238 White Oak - Daniel Mathew. b. 510 North Main Street - Seung & Jae Park. c. 210 Center - Estate of Ethelwyn Graham. ..., ITEMS PULLED FROM CONSENT CALENDAR 12. Award of Contract - Anti-Graffiti Coatinq - Lake Elsinore Diamond AmDhitheater - Tri-3 Chemical Systems. (F:134.10) Councilman Pape ~uggested that since the funding for this PAGE THREE - CITY COUNCIL MINUTES - DECEMBER 13, 1994 project is from the Redevelopment Agency, this item should be moved to that agenda for consideration. - MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTB TO MOVE THIS ITEM TO THE REDEVELOPMENT AGENCY AGENDA FOR DISCUSSION. 7. Resolution of Intention for Changina the Zonina Classification for Terri torv Alona Larson street and Two Parcel frontina Lincoln street from R-1 Sinale-Family Residential to R-A Agricultural Residential - ZC 94-3 - Resolution No. 94-61. (F:172.2) ,Mayor Washburn noted that he had received a request to address this item. Ace Vallejos, 15231 Cobre street, indicated that he feels this proposal is compatible with the area and will enhance the area. He further indicated that it will provide a balance for the property for the owners. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 94-61. RESOLUTION NO. 94-61 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING A CHANGE OF ZONB FOR TERRITORY LOCATED ALONG LARSON STREET AND '!'WO PARCELS FRONTING LINCOLN STREET. PUBLIC HEARING 21. Zone Chanae (ZC 94-2) - A Chanae of Zone for Territory Generally Located South of Lash Avenue: North of Lincoln street: West of Machado Street and East of DrYden street. Clement street and the Termini of Ziealinde Drive. Le Gaye street and st. pierre Lane (CommonlY Referred to as the "Hammerhead" Area) - City of Lake Elsinore - Ordinance No. 988. (F:172.2) City Manager Molendyk highlighted this item and noted that it appears to meet the needs of the current residents. City Planner Leslie detailed the proposed zone change and indicated that as proposed it is consistent with the adopted general plan. He indicated that this action received much support at the Planning commission meeting from residents in the area. He detailed concerns raised with density, creation of new smaller lots, etc. He noted that items 7 and 8 of this agenda initiate action to correct part of those concerns. - Mayor Washburn opened the public hearing at 7:11 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:12 p.m. The City Clerk reported one written protest from Mr. Duane Petrowske, 16395 Broadway street, with his specific concern being the 12 units per acre density adjacent to his property. Councilman Pape noted that he had requested initiation of this zone change because of concerns raised during the campaign, with regard to retaining the right to have horses on this PAGE FOOR - CITY COUNCIL MINUTES - DECEMBER 13, 1994 property. He expressed concern with the zoning proposed for the north/west corner of Lakeshore Drive and Machado street; which is C-1 and would allow little more than a small strip center. He indicated that he was not certain he would want to see that type of development and suggested that it be changed to c-o (Commercial-Office) or Specific Plan Area to allow it to be evaluated as a future proposal. He stressed his concern for another strip center. __ Councilwoman Brinley noted that she had followed this item at the Planning Commission level and indicated that she was in concurrence with the findings. City Manager Molendyk noted that if a change is made, the matter will need to be renoticed and go back to the Planning Commission. Councilman Pape indicated that this would be fine, as there was no particular rush and he would have no problem with. renoticing the matter. MOVED BY PAPE TO APPROVE ZONE CHANGE 94-2 AND ADOPT ORDINANCE NO. 988 BASED ON THE FINDINGS PRESENTED, WITH A CHANGE OF THE ABOVE MENTIONED C-1 PARCEL TO SPECIFIC PLAN AND RETURN TO COUNCIL. City Attorney Harper indicated that this change would require that the zone change be denied and sent back to the Planning Commission. MOVED BY PAPE, SECONDED BY BENDER TO DENY THE PROPOSED ZONE CHANGE AND REQUEST THAT IT BE REVISED AS DISCUSSED AND REPROCESSED THROUGH THE PLANNING COMMISSION. __ Mayor Washburn questioned retaining the R-2 zoning in the area because of concerns for density in the area. He suggested that the vacant land be reviewed and considered for an R-1 designation. He indicated that area is starting to see problems similar to the Nashland/Bird Tract area. 22. Proposed Amendment to the Lake Elsinore Municipal Code. Section 15.36 - Relatinq to Swimminq Pool. Spa and Hot Tub Fencing Requirements - Ordinance No. 989. (F:32.3) City Manager Molendyk highlighted this item and the recommendations. Mayor Washburn opened the public hearing at 7:18 p.m. asking those persons interested in this item to speak. Hearing no one, the pUblic hearing was closed at 7:19 p.m. Mayor Pro Tem Bender asked Interim Chief Building Official Russell, why the Building Standards Commission allowed this legislation to expire and questioned possible alternatives to this action. Mr. Russell indicated that the adoption of these regulations into the Uniform Building Code is being contemplated, but they have requested that local government adopt ordinances to be in effect in the interim. He indicated that this criteria has been in place all year and focuses on more safety for children. Mayor Pro Tem Bender inquired whether these regulations will ......, r-- - PAGB FIVB - CITY COUNCIL MINUTES - DECEMBER 13, 1994 - be adopted statewide. Mr. Russell indicated that ultimately they will be, but this ordinance is needed for enforcement in the meantime. Mr. Bender requested clarification of the requirement for fencing or a safety cover; and what type of cover would be required. Mr. Russell indicated that there are only a few appropriate covers one being mechanical and somewhat expensive and the other which is a spa cover and not allowed by this ordinance. He noted that there is particular concern that the covers tend to be easily removed and left off. Mr. Bender questioned what barriers would be appropriate. Mr. Russell indicated that a fence would be required. Mr. Bender indicated that he has a dilemma with placing requirements on a pool which is behind a fence in a private back yard; he questioned the need for an additional fence. Mr. Russell indicated that an additional fence would not be required as long a five foot fence with appropriate latches and locks is in place. Mr. Bender questioned verbiage regarding access through doors and the requirement for a device such as an alarm. Mr. Russell clarified the requirements for an audible alarm or self closing and latching doors. Mr. Bender stressed his dilemma with interfering in personal choice and responsibility. Mr. Russell clarified that the requirements have not changed, but rather most requirements have been in place for a number of years. He confirmed that the alarm requirement is new and noted that there have never been spa covers which would comply with the requirements. Mr. Bender further questioned whether spa covers would be acceptable. Mr. Russell indicated that they would not be acceptable. Mr. Bender noted that most new homes have sliding patio doors and would require alarms. Mr. Russell confirmed. Councilwoman Brinley requested clarification of a "fixed wading pool" and inquired whether this would include the plastic pools available at K-mart. Mr. Russell indicated that this would not include the plastic above ground wading pools. He clarified that it a pool is over 24" deep it falls under the regulations. Councilman Alongi indicated that he does not think that the Ordinance is strict enough, and noted a recent drowning by a young child. Mr. Russell indicated that this Ordinance is similar to the Code used since the beginning of the year. Mr. Alongi inquired whether any thing less than a 60" fence would be in violation. Mr. Russell indicated that this has been the regulation for quite some time. - Mayor Washburn questioned the general provisions which indicate no more than three families and their guests, and inquired whether this ordinance would apply to apartments. Mr. Russell indicated that apartment pools are considered "public pools" and fall under the regulations by the Health Department. MOVED BY BRINLEY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 989: ORDINANCB NO. 989 AN ORDINANCB OF THE CITY OF LAKB ELSINORB, CALIFORNIA, AMBNDING CHAPTBR lS. 36 OF THB LAKB BLSINORB MUNICIPAL CODB RELATING TO SWIKKING POOL, SPA AND HOT TUB CODES. PAGE SIX - CITY COUNCIL MINUTES - DECEMBER 13, 1994 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILHEMBERS: ALONGI, BRINLEY, PAPE, WASHBURlf COUNCILHEMBERS: BENDER NOES: ABSENT: COUNCILHEHBERS: NONE - ABSTAIN: COUNCILHEMBERS: NONE 23. Resolution No. 94-63 Adoptinq the Nondisposal Facility Element. (F: 163.2) Public Services Director Tecca detailed the requirements of AB 939 and the need for a Source Reduction & Recycling Element, a Household Hazardous Waste Element and a Nondisposal Facility Element. He explained that this item is required to designate what centers will be used to accomplish the goals. Mayor Washburn opened the public hearing at 7:34 p.m. asking those person interested in this item to speak. Hearing no one, the public hearing was closed at 7:35 p.m. Councilman Alongi questioned how County areas such as Meadowbrook get away with not separating their trash. Mr. Tecca indicated that the County has been very active in this process, but clarified that while the City has home separation of trash, the County residents are dependant upon the recovery facility for this separation. Mayor Washburn inquired whether the fees in those areas are higher than in the City. Mr. Tecca confirmed that the fees _ are higher. MOVED BY BRINLEY, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 94-63. RESOLUTION NO. 94-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADOPTING THE NONDISPOSAL FACILITY ELEMENT. BUSINESS ITEMS 31. Aqreement with Lake Elsinore Valley Chamber of Commerce. (F:68.1) (X:108.4) City Manager Molendyk explained the request from the Chamber of Commerce to contractually provide a variety of services. He explained that this would include: Lake Promotion, staff support for the Save the Lake Committee, promotion and organization of the Lake Edge Community Clean-up three times a year, an annual fishing tournament, quarterly Lake Information Brochures, an annual Opening Day Festival in April, coordination and securing of the advertisements for the yearly map update, serve as City liaison to Commission for the City at the State Film Commission, provision of the programs and promotion through businesses for the Autumn Fest, consideration and research for a Folk Art and Shakespeare Festival, operation of a Tourist and Visitor Center, promote and act as a liaison to the businesses in the Historic ....., PAGE SEVEN - CITY COUNCIL MINUTES - DECEMBER 13, 1994 ,....... Downtown area, inventory of properties and solicitation of potential businesses, provide assistance to merchants, promotion of the city throughout the region, promotion of special events, and to assist the city in appropriate areas and serve as ambassadors for the city. City Manager Molendyk explained that the Chamber is asking that the City consider a two year agreement, at a cost of $50,000 a year. He suggested that as an alternative, after review of the budget, the Council might want to consider a one year agreement. He noted that a rough draft is being presented subj ect to the ci ty Attorney's approval. He stated that when the rough draft was prepared it did not reflect the current liability insurance amountj and suggested the possibility that they would need to comply with the Brown Act regarding notice of meetings. Nick Nash, President of the Lake Elsinore Valley Chamber of Commerce, asked that the City Council consider the agreement and pointed out the recent changes which have occurred at the Chamber. Mayor Washburn commented that the Chamber has grown over the years and part of the difficulty they have had is the lack of medium and large businesses to sponsor activities. He noted that the Chamber has become more professional. - City Attorney Harper commented on the Brown Act and explained that under the assumption that there isn't any member of the City Council who would serve also as an officer or a member of the Board in the Chamberj simply the contribution of money does not require that they be subject to the Brown Act. Mayor Washburn stated that he does not see this as a contribution of money, but rather a contract for services. Mr. Nash concurred that the Chamber views it as a contract for services as well. Mayor Washburn stated that generally speaking, most Chambers are supported by their cities. Jeep Shelton, Executive Director of the Chamber of Commerce, explained that over 60% of the Chambers of Commerce in the State of California are supplemented by their cities in one way or another. Councilman Pape stated that he felt that it would be beneficial for the City to have a strong Chamber working on behalf of the city. He explained that it not only benefits the current businesses of the City, but helps to draw in new businesses. He stated that he did have a concern with addressing this contract in the middle of the City's budget year. Councilman Pape stated that it might be better to contract for six months and address a full contract at budget time. - Mr. Nash stated that he does not have a problem with half a year and then consideration with the city budget in July. He suggested that this would give the City the opportunity to see what the Chamber can do and evaluate their performance, which he feels they will be pleased with. Mayor Pro Tem Bender commented that in the Services Summary the expenditures were addressed in percentages and asked what PAGE EIGHT - CITY COUNCIL MINUTES - DECEMBER 13, 1994 this information means. Ms. Shelton stated that the percentages were examples from other chambers and is presented to give council an idea of the approximate amount used. Mayor Pro Tem Bender concurred with Councilman Pape and stated that his only concern is using reserve funds at this time and explained that he would like to see negotiation at this time for a six month period. He made note of the Historic Downtown and suggested that the Chamber coordinate an effort to collect __ historical items held by individuals, which could be displayed at the Cultural Center for the public to see. Councilman Alongi stated that he would like to see this item go to a Study Session because he had a lot of questions in regard to the agreement and would like to acquire more information in regard to the budget. He expressed concerns regarding the following: the proposed budget, what services will be provided under the contract, the use of reserves and $7,000 from the BID District, and the membership of the Chamber of Commerce which is partially from the County. He stated that he would like to support this issue, but he would need a great deal more information before he could come to a decision. Councilman Alongi explained that this is requesting a $50,000 grant without a proper budget breakdown. He stated that he would like to get a program from the Chamber listing exactly what services the City will get for their money. He indicated that he felt the Chamber should get money from the County to help support this effort. He noted that recently the Counci made a ruling to charge County residents for the use of City facilities, and he felt that this should be treated no differently. MOVED BY ALONGI TO SET AN IMMEDIATE STUDY SESSION, GET ALL THE PROS __ AND CONS ON THE TABLE, WEIGH THE INFORMATION AND SIFT THROUGH IT AND FIND OUT EXACTLY WHAT THE SALARIES ARE GOING TO BE, THE RENT, THE UTILITIES, THE TELEPHONE AND SPACE IS GOING TO COST AND FIND OUT WHAT THE MONEY IS GOING FOR. Mayor Washburn called for a second. Hearing none the motion died for lack of a second. Councilwoman Brinley concurred with Mayor Pro Tem Bender and Councilman Pape. She explained that she felt that it was time for the City and the Chamber work hand in hand to promote the City. She stated that this would benefit tourism and business, and indicated that she felt that the city has gone overboard helping other organizations and she feels that the Chamber should get priority, since they work for the benefit of the City to promote growth and improvements. MOVED BY BRINLEY, SECONDED BY WASHBURN TO APPROVE THE AGREEMENT FOR A SIX MONTH PERIOD WITH ALL OTHER CONDITIONS STATED AND DIRECTED THAT IT BE REVIEWED AT THE END OF SIX MONTHS WITH THE POTENTIAL TO BE RENEWED FOR ANOTHER EIGHTEEN MONTHS OR WHATEVER WILL BE NEGOTIATED IN JULY. Mayor Washburn asked Ms. Shelton how long it would take to put together a more detailed analysis of the breakdown. Ms. Shelton stated that she has a complete breakdown at this time and will be more than happy to review the figures with any member of Council that so desires. ..." PAGE NINE - CITY COUNCIL MINUTES - DECEMBER 13, 1994 -- Mayor Pro Tem Bender stated that he is not sure he understands the motion since the Council has not decided where the funds are coming from. He explained that he has a concern dipping into the reserves on an open end issue which is potentially a grant for six months without some of the facts. Mayor Pro Tem Bender stated that he would like to see this issue go forward, but not without some of the facts. He suggested that the City should support the Chamber and stated that some of the businesses being in the County do not bother him, since this issue promotes business, which promotes revenue and adds to the appeal of the entire Community. He restated his concern that the funding is the problem and how the City will pay for these services in the next six months. Mayor Pro Tem Bender stated that he felt that Councilman Alongi was justified in asking for more information, but he did not feel that a study Session was necessary. He indicated that the representatives of the Chamber could provide the information. Mayor Washburn stated that there is $7,000 available for this Agreement, as well as a possible $10,000 grant from a major employer in the valley, as long as the money is targeted to industrial development, which falls under the purview of the City or Chamber. The money from the local employer would be available in the next 30 to 90 days and this would provide funding to augment the cost of the agreement. Mayor Pro Tem Bender stated that possibly the program could be funded for three months until the City can see how the program would flow. - ,.... Councilman Alongi stated that the County members of the Chamber share equally in the profits of the Chamber regarding promotions, and explained that looking at the businesses around the Lake, there are more businesses in the County that would enjoy those promotional efforts than in the City. He questioned why the County would not contribute to the promotions of the Chamber. Councilman Alongi noted that a lot of the Chambers are for the cities themsel ves and have no outside members and stated that he did not see why the city should pick up all of the expenses when it is a dual venture between the County and the City. He further stated that the $7,000 was collected for the Downtown Business Improvement District and was not intended to subsidize the County, and he would have a problem spending the money in any other way but in the downtown area. Councilman Alongi explained that there have been several comments that the City should support the Chamber of Commerce, and he noted that this City does so through the building that they occupy for a minimal rent and the City installs their banners. Councilman Alongi noted that the reserves that the City has are very important and he would not like to see any reserves spent until he knows that the City is out of the danger zone. He explained that he feels that a program should be worked out between the City and the Chamber and once that has been accomplished, then the City and Chamber can come back to a Meeting for final approval. He stated that at this time there is not enough information for award of this contract. He stated that he does not oppose this action, only the way it is being put together. Mayor Pro Tem Bender stated that the County businesses bring revenue to the Chamber and help to continue its existence, but PAGE TEN - CITY COUNCIL MINUTES - DECEMBER 13, 1994 this agreement would subsidize their budget and through that subsidization the City would derive a direct benefit through promotion. He explained that he does not see a conflict with the County businesses which help to fund the Chamber, and creates a viable cooperative effort. Councilman Alongi stressed that the Council recently acted to require that County children pay for the use of the City's __ parks and now the Council is giving the direction that the same reasoning does not apply to business. He stated that if the City is going to do something, then it should be consistent and not allow for selective spending of tax dollars for one and not the other. Mayor Washburn stated that one of the most difficult jobs the Council has is to be equi table and fair, and Councilman Alongi's point was so noted. MOVED BY BRINLEY, SECONDED BY WASHBURN TO AMEND MOTION TO GO AHEAD TO FUND FOR SIX MONTHS USING THE REST OF THE FUNDS FROM THE B.I.D. DISTRICT IN THE AMOUNT OF $7,000 AND THE REMAINDER TO BE THE BUSINESS GRANT THAT WOULD BE AWARDED IN THE NEXT 30 TO 60 DAYS. Councilman Alongi expressed his disagreement with the motion. Mayor Washburn stated he would like to assist the Chamber of Commerce in promoting the growth of the businesses and in a few months the City will be looking at their budget process and this can be better evaluated at that time. THE FOREGOING MOTION WAS APPROVED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. __ 32. Reauest for Waiver of Fees - Lake Elsinore Valley Chamber of Commerce Annual Installation Dinner & Casino Niaht. (F:l0a.4) City Manager Molendyk indicated that he had been informed that this function was not longer proposed for the Community Center and it was requested that this item be removed from the agenda. Mayor Washburn requested that this removal be noted for the record. 33. Request for Waiver of Fees - Lake Elsinore Valley Chamber of Commerce - Miss Lake Elsinore Paaeant. (F:l0a.4) City Manager Molendyk noted that this was a procedural item in that the city has co-sponsored the event for the last few years. He indicated that the co-sponsorship allows for the use of the Community Center. MOVED BY WASHBURN, SECONDED BY BRINLEY TO APPROVE THIS REQUEST FOR CO-SPONSORSHIP , WITH THE CHAMBER REQUIRED TO PAY THE REFUNDABLE DAMAGE DEPOSIT OF $500, AS WELL AS THE NONREFUNDABLE CLEANING FEE OF $50 TO BE RETAINED FROM THE DAMAGE DEPOSIT. ...,.,.If/I Councilman Alongi questioned the location for item 32 of this agenda and why the same location is not proposed. City Manager Molendyk explained that the Installation Dinner is being moved to the Diamond Club for a more formal setting; however the Diamond Club would not accommodate the stage, runways and sets required for the Pageant. PAGE ELEVEN - CITY COUNCIL MINUTES - DECEMBER 13, 1994 Councilman Alongi indicated that he would not have a problem waiving the fees, but he would have a problem with moving the event out of the City. - THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE CITY COUNCIL MEETING WAS RECESSED AT 8:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:14 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Bill Moran, representing the Downtown Business Association, advised that in the tradition of Christmas, they are still taking pictures of children with Santa on December 17th and December 24th from 11 a.m. to 1 p.m. He also commented on the recent death of Hilda Barnhart and suggested public recognition of her contributions to the Communi ty . Mayor Washburn noted Hilda's service to the Community as a Planning commissioner from 1982 to 1984 and commented that she will be missed by the Community. - Ace Vallejos, 15231 Cobre Street, indicated that he attended the Special meeting held on December 6th at 8:30 a.m. and questioned by it was not made a part of this meeting instead of a special meeting. He also noted the recent financial difficulties of Orange County and expressed concern with the local financial situation. Mayor Washburn noted that the City's investments are with the State and not the same fund as Orange County. He further noted that this is a more conservative approach to investments. Chris Hyland, 15191 Wavecrest Drive, noted the interim report from the Ri verside County Grand Jury. She suggested that residents obtain a copy of the report and review it, and noted that it is available through Post Office Box 717, Lake Elsinore. She supported the recommendation that the City have an independent audit of the Stadium project. She further recommended that residents write to the Governor and Attorney General regarding this matter. She also expressed concern with Public Hearings occurring during the day when residents can not attend. She further commented on a letter from City Attorney Harper regarding the ability to impose utility taxes. Mariana Mohylyn, 305 W. Sumner, commented on the plight of the homeless in Lake Elsinore and stressed the preciousness of life. - Al BishOp, 300 Ellis Street, noted previous Council discussion regarding rent control in Mobile Home Parks and advised that the owner of Briarwood Mobile Home Park is again imposing unfair rent increases on the residents. He also noted that there are increasing criminal and drug activities occurring in the park. Mayor Washburn suggested that the City Attorney review this matter and determine what alternatives the Council might have. City Attorney Harper commented that his recollection was that a draft ordinance was previously reviewed, but proceeded no further. He noted the difficulty of this issue. Jim Marple, 18866 Dexter Avenue, spoke on behalf of the citizens for Responsible Watershed Management and noted the ability of the local Conservation District to assist with the Lake. CITY MANAGER COMMENTS City Manager Molendyk reminded the Council that the Regular City PAGE TWELVE - CITY COUNCIL MINUTES - DECEMBER 13, 1994 Council Meeting for December 27th would be adjourned for lack of a quorum. CITY COUNCIL COMMENTS Mayor Pro Tem Bender commented on the following: 1) Wished the community a Merry Christmas. ...., 2) Explained that this is a time for individuals to work together and support each other, and this is an individual choice for each person. He stated that it is not Government's responsibility to fix people's problems due to theIr own decisions. Councilwoman Brinley commented on the following: 1) Thanked staff for the WinterFest and commented on the entire event and the participants. 2) Expressed her appreciation to staff for their efforts on the 1st Annual Holiday of Lights Boat Parade. She commended the efforts of the boat owners and thanked Mr. Dawson for his hospitality. 3) Commended the 1st Assembly of God for their Christmas Pageant and commended all the participants. 4) Thanked staff for their hard work and efforts throughout the past year. 5) Wished all the citizens a Merry Christmas and a great New Year. ....", Councilman Alongi commented on the following: 1) Thanked the Sheriff's Department, all the agencies and ci ty Staff for their efforts regarding the Nashland Project. He stated that it was a very professional acti vi ty and thanked the families of the participants for giving of their time to allow this project to happen. 2) Announced that H.O.P.E. is having their Christmas party on Friday, December 16th and stated that there is still time to bring toys or wrap on Wednesday or Thursday, at the Lake Elsinore Community center, and he would encourage any person who wants to assist, to drop by and help. 3) Advised that Granny's is having a Christmas Day Dinner at the Masonic Lodge and stated that anyone who can help from 2:00 p.m. to 5:00 p.m. is welcome. 4) Thanked L.E.A.F. for their assistance and compassion regarding the loss of his dog. 5) Addressed the B.I.D. funds and the budget that they were required to provide for their share of the funds, and indicated that it should be no different for the Chamber to provide a budget on the expenditure of money that they are requesting from the city. He asked for a finding from the City Attorney regarding a budget to show where the money must be spent. ....."" PAGE THIRTEEN - CITY COUNCIL MINUTES - DECEMBER 13, 1994 6) Wished the entire community a Merry Christmas and Happy New Year and hoped that all their hopes and dreams are fulfilled. - 7) - Noted a previous comment regarding the Wal-Mart and stated that the following is what the project will cost the City: Oak Grove Equities will be receiving $3,398,756.09 over a 20 year period of sales tax dollars; Wal-Mart will receive $4,154,035.16; the City will receive the first $200,000 of the sales tax and he questioned the redirection of taxes from other businesses and if this will be a clear $200,000, the second $200,000 is Wal-Mart, and the remainder is a 50% split between Wal-Mart and the City. He questioned how much of the 50% split will be tax dollars taken from other businesses. He questioned the amount of new tax dollars that will be generated to the ci ty . He stated that in the tax agreement that any business that is on the site with Wal- Mart will generate 50% of the tax to the City and 50% to Wal-Mart. Councilman Alongi asked if the City can wait 20 years for the sales tax to provide services for our community. He stated that he felt that Wal-Mart should have fronted their own business and that the City should not have been financially involved especially since no small business in the community has been offered the same incentive to operate tier business in the City. 8) He noted the cost of the Lake and the Baseball field and stated that he objects to how the City spends the tax dollars. Councilman Pape commented on the following: 1) Concurred with Councilwoman Brinley and stated that there was a great turnout for the winterfest and the Boat Parade. - 2) Stated that the figures noted by Councilman Alongi are correct. He pointed out that the first week of business K-Mart did feel the impact of Wal-Mart, however, they are now back to their normal volume of business and on one day since Wal-Mart's they had their second best day of business since their opening. He explained that it is not possible to ascertain whether the other businesses have been hurt, but he stated that he felt that their business should be back to what it was before Wal-Mart. He noted that the money the city is paying back is for the street improvements which the city is responsible for. He stated that in his opinion Wal-Mart is not hurting the City, but rather it is helping the City and is providing revenue which was not there before. 3) He explained that the Ball field was implemented by a previous Council and now he feels that it is the responsibili ty of the current Council to utilize the facility to its best purpose. He stated that it is time to progress and not dwell on what was done in the past. Mayor Washburn commented on the following: 1) Thanked staff for doing such a good job on the PAGE FOURTEEN - CITY COUNCIL MINUTES - DECEMBER 13, 1994 Winterfest. He thanked the community for their attendance and noted the activities. 2) Stated that he had heard that the Parade of Lights was a success and commended Mr. Dawson and all the persons who participated in the event. 3) Recognized Captain Yankee, his officers, and all the agencies for tier efforts on Nashland and the Bird Tract. ....i 4) Commented on the graffiti and warned the persons responsible that they will be punished. 5) Commented that Councilman Alongi has sounded like Scrooge in regard to Economic Development. He pointed out that the Outlet Center is the #1 Outlet Center in the United States, the Baseball facility is #1 in the United States and Wal-Mart is one of the top in the region. He stated that Wal-Mart was responsible for assistance to other projects and will encourage business. He responded to Councilman Alongi with a Bah Hum Bug and stated that this community is proud of the accomplishments of the Council and supportive of tier efforts. 6) Wished everyone a Merry Christmas. CLOSED SESSION None. ADJOURNMENT ..., THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:02 P.M. ARrrA.1z.j{j~~ CIT~F LAKE ELSINORE Bi VICKI KAS D, CITY OF LAKE .....""