HomeMy WebLinkAbout09--081992 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
31315 CNANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 8, 1992
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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 Winkler.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN
ABSENT: COUNCILMEMBERS: NONE
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, City Planner Christen,
Special Projects Coordinator Basham, City Treasurer Pape and City Clerk Kasad.
THE CITY COUNCIL MEETING WAS RECESSED AT 7:05 P.M. TO THE REDEVELOPMENT AGENCY
MEETING.
THE CITY COUNCIL MEETING RECONVENED AT 7:13 P:M.
PRESENTATIONS/CEREMONIALS
None.
PUBLIC COMMENTS = AGENDIZED ITEMS
Mayor Washburn advised that he had requests to address Item Nos. 31 and 33 of
this agenda.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for further
discussion and consideration:
Item Nos. 4, 8, 9, and 10.
MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE
THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. City Council Study Session - August 13, 1992. (F:44.4)
b. Joint Special City Council Meeting - August 18, 1992. (F:44.4)
c. Joint Study Session - August 20, 1992. (F:44.4)
The following Minutes were received and ordered filed:
d. Planning Commission Minutes - August 19, 1992. (F:60.3)
2. Received and ordered filed the Building Activity Report for August, 1992.
(F:32.4)
PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
3. Received and ordered filed the Code Enforcement Activity Report for August,
1992. (F:54.1)
5. Rejected and referred to Claims Administrator the Claim Submitted by Keith
& Nancy Jensen (CL #92-20). (F:52.2j
6. Approved Cooperative Agreement to provide Fire Protection, Rescue & Medical
Aid. (F:68.1)
7. Approved Amendment to National Pollutant Discharge Elimination System
(NPDES) Implementation Agreement (Storm Water Discharge Permit System).
(F:155.1)
11. Adopted Resolution No. 92-61 regarding Speed Limits on Grand Avenue.
(F:152.1)
RESOLUTION N0. 92-61
A RESOLUTION OF THE CIYT COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS.
12. Adopted Resolution No. 92-62 Establishing Fees Specific to Pot-Bellied
Pigs. (F:18.1)
RESOLUTION N0. 92-62
A RESOLUTION OF THE CITY COUNCIL OF TNE CITY OF LAKE ELSINORE, CALIFORNIA,
ESTABLISHING FEES FOR ANIMAL CONTROL ACTIVITIES RELATIVE TO POTBELLIED PIGS
PURSUANT TO LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.04.
13. Adopted Resolution No. 92-63 Supporting the Eagle Mountain Landfill &
Recycling Center Project. (F:163.1)
RESOLUTION N0. 92-63
A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE RECOMMENDING
TO THE RIVERSIDE COUNTY BOARD OF SUPERVISORS, APPROVAL OF ALL ACTIONS
REGARDING THE DEVELOPMENT OF A NON-HAZARDOUS SOLID WASTE CLASS III LANDFILL
LOCATED AT EAGLE MOUNTAIN, CALIFORNIA.
14. Ratified Warrant List for August 31, 1992. (F:12.3)
ITEMS PULLED FROM CONSENT CALENDAR
4. Structure Abatement Activitv Reoort = qUqUSt• 1gg2, (F:32.4)
Councilman Alongi requested that a house in the 700 block of Mill Street be
added to the Structure Abatement list as it has been under construction for
over a year. He requested a report from staff. Mayor Washburn suggested
that staff provide a memo back to Council.
MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE
AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR AUGUST, 1992.
8. Riqht of ~ Acquisition for Collier Avenue. (F:156.2)
Councilwoman Cherveny inquired whether this item should have been listed on
the Redevelopment Agency agenda rather than the City Council agenda. Staff
confirmed that this should have been listed on the Redevelopment Agency
agenda. City Attorney Harper advised that it would just need a 4/5ths
vote to be added to the Redevelopment Agency Agenda.
9. Award of Contract for On-Call Survevina Services - The Keith
Comnanies-Inland Em ire Inc. (F:68.1)
Councilman Alongi commented that he has no problem with this company, but
questioned comparable prices offered in the'field. He expressed concern
that there were no minimum or maximum figures presented for Council
consideration. He explained that he would not want to give a blanket
approval, but suggested a retainer situation,
PAGE THREE - CITY COUNCIL ~INUTES - SEPTEMBER 8, 1992
Mayor Washburn inquired about comparative engineering costs. Public
Services Director Tecca advised that he has reviewed the prices of several
firms and Keith Company appears to have the best fees and services. He
further advised that approximately 5% of the engineers' estimates will go
to Keith for their work,
Councilwoman Cherveny questioned the estimated cost. Public Services
Director Tecca estimated that it would be no more than $30,000.
Councilman Alongi questioned the type of services they would provide.
Public Services Director Tecca advised that they will serve as the City
Surveyor. He further advised that they have the best background and
records to resolve surveying discrepancies.
Councilman Winkler questioned the use of purchase orders. Public Services
Director Tecca confirmed that they would be usinq purchase orders. As an
example he advised that this work for the Mission Trail project had cost
$4,000. Councilman Winkler commented that he felt adequate safeguards had
been included.
Councilwoman Cherveny suggested that a limit such as $5,000 be set per
project. Public Services Director Tecca advised that unless otherwise
requested, this would be governed by the purchase order ordinance limit of
$10,000 without further Council approval.
MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO AWARD
A CONTRACT TO THE KEITH COMPANIES-INLAND EMPIRE, INC. FOR ON-CALL SURVEYING
SERVICES FOR FISCAL YEAR 1992-93.
10. City Council Policv Revision = Taoe Recordinp of Meetinas _ Resolution No.
92-60. (F:120.1)
Councilman Alongi advised that after the last City Council meeting he
requested clarification of the existing City Council Policy relating to
this matter. He read the proposed new policy. City Attorney Harper
commented on modifications he would recommend pursuant to the Public
Records Act and suggested that this item be brought back to the next City
Council Meetings. Mr. Harper further explained that the minimum retention
once the records are maintained would be two years. Mayor Washburn
questioned the ability to hold these tapes longer. City Attorney Harper
clarified.
Councilman Alongi indicated that he wants something in writing to address
the time frame and allow for longer retention. City Attorney Harper
inquired further into Council direction. Councilman Alongi suggested that
the maximum time be four years. Mayor Washburn indicated he would be
comfortable with two years. Councilman Alongi advised that his main
request is for tapes to be retained for up to four years.
MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE
THIS ITEM TO THE NEXT CITY COUNCIL MEETING FOR REVISIONS.
PUBLIC HEARINGS
21. Elsinore City Center Saecific Plan 91-1. Environmental Im act Renort 92-3
and Zone Chanae 92-3. Locatiorr of this Pro.iect is at the southeast corner
of Gra°e Street & Railroad Can on Road. Ordinance No. 939.
(F:150.2)(X:172.2)
City Manager Molendyk highlighted this item and explained the staff
recommendations.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:25 p.m. asking those persons
interested in this item to speak. The following people spoke:
Helena Holman, 15062 Danielle Way, inquired why Mayor Washburn had
PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
*** NOTE - For Conditions of Approval on Specific Plan 91-1, please see insert
Pages Four A& Four B in this set of minutes.
abstained from votes on this project previously. Mayor Washburn indicated
that he has shown the applicant properties previously.
Frank Greco, representing the applicant requested that two conditions be
modified, the first with regard to parking; he requested that the final
parking determinations be made at the time of Design Review. His second
request pertained to the Stephens Kangaroo Rat study; being to revise
Condition #9 to have the study done within 12 months of grading to meet
State requirements.
Mayor Washburn closed the public hearing at 7:30 p.m.
Councilman Alongi questioned Condition #2 of page 1 and suggested that the
applicant be allowed to use 15 gallon trees rather than 24" box trees to
help reduce costs. He suggested that this substitution be based on
Planning Director approval.
MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE ELSINORE CITY CENTER
SPECIFIC PLAN, ENVIRONMENTAL IMPACT REPORT AND ZONE CHANGE AND ADOPT RESOLUTION
N0. 92-65 AND ADOPT ORDINANCE N0. 939 BASED ON THE FOLLOWING FINDINGS AND
CONDITIONS WITH CONDITION N0. 2 AMENDED TO ALLOW 15 GALLON TREES WITH THE
APPROVAL OF THE COMMUNITY DEVELOPMENT MANAGER.
RESOLUTION N0. 92-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
CERTIFYING ENVIRONMENTAL DOCUMENTS FOR OAK GROVE EQUITIES (ELSINORE CITY
CENTER).
ORDINANCE N0. 939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Of LAKE ELSINORE, CALIFORNIA,
ADOPTING OAK GROVE EQUITIES (ELSINORE CITY CENTER) SPECIFIC PLAN 91-1 AND
A REZONE OF THE PROJECT TO SPECIfIC PLAN ZONING (ZONE CHANGE 92-3).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER
NOES: COUNCILMEMBFRS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERSi WASHBURN
BUSINESS ITEMS
31. Citv Mana er Apreement Extension = Resolution No. 92-64. (F:68.1)(x:46.i)
City Attorney Harper highlighted this agreement.
Teri Nosan, 151 N. Woodlake, advised that she has lived in Lake Elsinore
since 1982 when there were only 3,000 residents and has seen significant
improvements in that time. She supported the extension of Mr. Molendyk's
agreement citing balanced budgeting, increas~d sales taxes, increased park
facilities, and increased shopping availability including the Outlet
Center, K-Mart and Bu'lders Emporium. She stressed the good work of Mr.
Molendyk.
Leon Strigotte, 216 Chaney Street, advised that he was on the City Council
when Mr. Molendyk was hired in 1984; he stressed the stability that has
occurred in that time and its benefit to the Community. He commented that
sales taxes have increased, roads have been improved and services to the
Community have been increased. He stressed the positive impact this has
had on the Community. He also commended Mr. Molendyk for his eight years
in office and his professionalism in contrast to problems with previous
PAGE FOUR A- CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
ELSINORE CITY CENTER SPECIFIC PLAN 91-1
FINDINGS - SPECIFIC PLAN 91-1
1. This proposed action is consistent with the goals, policies
and objectives of the General Plan.
2. This proposed action is consistent with the goals, policies
and standards of the project's Specific Plan.
3. This proposed action was adequately addressed in the project's
Environmental Impact Report.
CONDITIONS OF APPROVAL - Planning Division
1. Roof mounted air conditioning units and any other roof mounted
mechanical equipment shall not be visible from any neighboring
properties or public rights of way. If necessary
architectural features such as parapet walls which are
architecturally consistent with the rest of the center shall
be used to conceal roof mounted equipment. Rooftop enclosures
similar to the Outlet Center shall be used and subject to
approval of the Community Development Manager or designee.
2. Parking lot landscaping designs shall provide at least one (1)
fifteen (15) gallon tree for every ten (10) parking spaces
with planter box to be staggered every row, and subject to
approval of the Community Development Manager or designee.
3. Detailed landscape planting and irrigation plans shall be
consistent with the City's landscape guidelines and the
Elsinore City Center Specific Plan.
4. The applicant shall comply with all requirements of the City's
Grading ordinance and a final grading plan shall be submitted
and shall be subject to the approval of the Public Services
Director.
5. The impacts to the California Gnatcatcher habitat on site
shall be mitigated in accordance with State and Local
regu.lations and monitoring programs when such programs exist.
Mitigation for the loss of the Riversidian Sage Scrub habitat
shall be provided pursuant to a program developed in
consul~ation with the U.S. Fish and Wildlife Service,
California Department of Fish and Game, and the Riverside
County Habitat Conservation Agency.
6. Mitigation measures in the Mitigation Monitoring Program of
the Elsinore City Center EIR shall specifically apply to the
project in order to reduce the impacts to the California
Gnatcatcher.
7. The design of the Elsinore City Center project shall meet all
Riverside county Fire Department standads for fire protection
and any additional requirements requested by the County Fire
Marshall.
8. At such time as any Design Review application is submitted for
this site, the applicant shall meet all requirements of
Section 17.66 (Parking Requirements). It shall be as provided
for in Section 17.66 unless specifically provided for
otherwise in the Specific Plan.
PAGE FOUR B- CITY COUNCIL f~INUTES - SEPTEMBER 8, 1992
Enaineerina Department Conditions
9. Slopes greater than 2:1 shall get geotechnical engineering
approval and guarnatee for stability.
10. Grape Street and any design impravements to roads effected by
the Elsinore City Center site shall conform to City
Engineering standards, (110 ft. R.O.W. with standard medians
and parkways), as addressed in the EIR and Mitigation
Monitoring Program.
11. Any street design and infrastructure revisions shall be
subject to further review by the City of Lake Elsinore
Engineering Department.
PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
City Managers.
Councilwoman Cherveny commented that the City is fortunate that Mr.
Molendyk has agreed to accept this extension with no increase in salary.
She further commented on the recession and the tightness of the budget and
commended Mr. Molendyk for his understanding.
MOUED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-64 AND APPROVE THE EXTENSION OF CITY MANAGER RON MOLENDYK'S
AGREEMENT.
RESOLUTION N0. 92-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RENEWING
AND AMENDING THE CITY MANAGER CONTRACT.
32. Centennial Parade Float Particioation. (F:140.1)
City Manager Molendyk explained that with the tightness of budgets, the
City has been contacted by other cities in the area to participate in a
joint float for the County Centennial Celebration. He further explained
that staff's recommendation would be to approve in concept and investigate
the costs of this participation.
Councilman Alongi requested further clarification. City Manager Molendyk
detailed the County plan for a parade in May of 1993 and their request that
cities sponsor floats in this parade. He explained that the cities of
Perris, Canyon Lake, Temecula, Murrieta and Lake Elsinore would like to
consider presenting a Southwest County float jointly to reduce the costs
involved.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO
APPROVE THIS MATTER IN CONCEPT AND DIRECT STAFF TO INVESTIGATE COSTS.
33. Request to Cosponsor the Christmas Parade. (F:108.4)
City Manager Molendyk explained that this is a request to cosponsor the
Christmas Parade which is presented by the Lake Elsinore Valley Chamber of
Commerce and the Downtown Business Association.
Councilman Alongi stated that he would like to have a study session to
discuss how the City should handle this due to the new laws in regard to
what the City can and cannot do. He further stated that this is something
Council should discuss with the City Attorney. Mr. Alongi further stated
that he would like to see the parade go on.
Councilwoman Cherveny inqured whether the fees could be waived without the
City being in violation City Attorney Harper explained that unfortunately
since the issue is in regard to fees there are some legal difficulties. He
further stated that this would also include the Christmas Parade as well.
Councilman Alongi again asked for a study session in order to see how the
City can best address the problem. He stated that he did not want to see
the City loose any activities because the organizations cannot raise the
money to present them.
Councilman Dominguez explained that the City must keep from setting a
precedent.
City Manager Molendyk explained for the benefit of the audience that at the
study session it was discussed that there was a Supreme Court decision that
the City cannot waive fees for different types of groups in the community.
He suggested that there be a meeting with the Attorney to discuss the
City's options and then bring it back to the next Council meeting:
City Attorney Harper stated that it is not legal operate under the old
PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
rules if there is a constitutional question and in this case there is. He
further explained that he is in process of drafting a new ordinance to
address the new constitutional rules.
Councilman Winkler explained that several months ago it was decided that
fees would be waived, but that was before the constitutional question was
raised. He further stated that he would like to hear from Hilda Barnhart.
Hilda Barnhart, 240 E. Graham Ave., Parade Director for the Lake Elsinore
Valley Chamber of Commerce and the Downtown Business Association explained
that the request is not for the City to waive the fees, but rather that the
City Co-sponsor the parade. She further stated that the staff report was
not accurate as rodeos were always done by the Lake Elsinore Valley Chamber
of Commerce and she stated that did not think that the Chamber was aware
that the rodeo's would be done by the City now. Further, she addressed the
section on barricades and stated that there were volunteers provided by the
Chamber and the cost for law enforcement and street sweeping was incorrect.
Mr. Tom Hundshamer, President of Lake Elsinore Valley Chamber of Commerce
concurred with Hilda Barnhart's comments. He further questioned the staff
report and what the City really wants. He questioned the staff's motives
in regard to the Chamber and public. He suggested that the City and
Chamber to cooperate.
Mr. Rick Warner, President of Lake Elsinore Downtown Business Association
explained that the request tonight was for cosponsorship of the Christmas
Parade. He encouraged the Council to consider the request and encouraged
all people who are interested in participating to contact the Chamber.
Mayor Washburn stated that the only information provided was from the
Downtown Business Association and there was no information in regard to the
Chamber. He further explained that no matter who coordinates the parades
he would be opposed to waiving the fees.
City Manager Molendyk stated that there was no information in regard to the
three entities being i~volved in nor in request for funds. He further
explained that in the past there was a request for a waiver of fees.
Community Services Director Watenpaugh explained that there had been some
discussion in regard to the City working with the Chamber regarding the
rodeo, but it did not work out so it should not have appeared in the
report. He further explained that tfie first he had heard of a request for
funding was at the study session and it was not included in the staff
report. He further explained that there may have been volunteers at the
beginning of the parade, but in the Sheriff's report they were not there
later and the alternative is to provide paid officers to man the
barricades.
Councilman Winkler explained the conflict that is created if the City tries
to help the Chamber or the Downtown Business Association. If the fees are
waived or cosponsorship is given to one organization and not another this
puts the City in a position of liability. He asked if the Chamber could
wait for two weeks. Mrs. Barnhart stated that the they really don't have
two weeks.
Councilwoman Cherveny inquired whether it would be legal for the City to
Cosponsor the parade. Mr. Harper stated that Special Events may cause the
City to discriminate. She further inquired if CR & R Disposal Company
could sponsor the parade. There was general discussion in regard to fees
and cosponsorship. City Attorney further explained the impact of the
constitutional ramifications in regard to this issue.
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 4 TO 1 WITH
ALONGI CASTING THE DISSENTING VOTE TO SUPPORT THt CITY'S POLICY BY REQUIRING
THE LAKE ELSINORE DOWNTOWPI BUSINESS ASSOCIATION AND CHAMBER OF COMMERCE TO PAY
THE FEES AS ESTABLISHED BY RESOLUTION N0. 87-36.
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PAGE SEVEN - CITY COUNCIL NIINUTES - SEPTEMBER 8, 1992
34. Vendinp Devices _ Lake Communitv Center. (F:50.1)
City Manager Molendyk recommended that this item be removed .from the
agenda.
35. Main Street - Commercial Vehicle Loadina & Unloadinp Prohibition =
Ordinance No. 940. (F:162.2)
Public Services Director Tecca detailed this request and the ability to
facilitate deliveries from the alleys and side streets.
Councilwoman Cherveny questioned the deliveries to City Hall.
Councilman Alongi asked Captain Daniel the legalities and asked who would
enforce this ordinance. Captain Daniel stated that a Community Service
Officer would be the one to enforce. Mr. Alongi questioned the ability to
enforce this ordinance.
Mayor Washburn asked if this was in the Downtown Guidelines. He was
informed that it was.
Councilman Alongi questioned the ability of the delivery men to make their
deliveries, especially when they have a lot of weight or several parcels to
deliver.
Councilman Dominguez stated that this had been discussed in Public Works
Committee and Downtowro Design Review Guidelines.
Councilman Alongi questioned the ability to keep delivery vans weighing
under 6,000 pounds off of Main Street.
MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ADOPT ORDINANCE N0. 940:
ORDINANCE N0. 940
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFRNIA,
AMENDING A CERTAIN SECTION OF CHAPTER 10.40 OF TITLE 10 OF THE LAKE
ELSINORE MUNICIPAL CODE, RELATING TO THE PROHIBITION OF COMMERCIAL VEHICLE
LOADING AND UNLOADING ON MAIN STREET.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
36. Votina Delegate _ Lea4ue of California Cities Annual Conference. (F:108.8)
City Manager Molendyk explained this item.
MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPOINT
COUNCILMAN WINKLER AS THE VOTING DELEGATE AND MAYOR WASHBURN AS THE ALTERNATE
FOR THE GENERAL ASSEMBLY MEETING AT THE ANNUAL LEAGUE OF CALIFORNIA CITIES
CONFERENCE.
37. Policv on Economic Development Assistance. (F:70.1)
City Manager Molendyk requested Council direction on a policy for economic
assistance which relates to Sales Tax and Tax Increment Revenue Financing.
Councilman Alongi explained that he would like to see all of the sales tax
given to the City and have that eliminated as part of the assistance.
PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
Councilman Dominguez concurred with Councilman Alongi.
Councilwoman Cherveny explained that she would like to see the City say
that they would be glad to give economic assistance, but not to give any
set percentage of Sales Tax or the Tax Increment.
Mayor Washburn explained that the assistance is based on jobs provided,
desire of the community for that store or product, tax increment, sales tax
and the timing. He further explained that staff should see what other
cities have done and be competitive.
Councilman Winkler stated that the staff needs to compare with other
communities and bring in more commercial.
Councilman Dominguez stated that he still felt that the sales tax is the
last thing that should be considered.
Mayor Washburn stated that there are other economic tools that can be used.
City Manager Molendyk advised that he is looking for a broad general policy
to give staff a general direction to follow.
Councilman Alongi stated that he concurred with Councilman Winkler and if
the companies wanted to guarantee the City a certain amount of sales tax
then that would make the situation different, but to use the City as a
bank, then Council has the right to protect the City's investment.
Councilman Winkler used the current development as examples of how to
increase the sales tax.
Councilman Alongi stated that to use sales tax there should be defined
goals and guarantees before that money is used as an incentive.
MOVED BY ALONGI TO REMOVE THE WORDS "SALES TAX" FROM THE DOCUMENTS AND
POLICIES. MOTION FAILED FOR LACK OF A SECOND.
City Manager Molendyk stated that it is clearly understood by staff that to
take Sales Tax or the Tax Increment would take action by the Council in any
case. He further stated that in negotiations the last thing used would be
the Sales Tax, but if it were necessary to include the Sales Tax, depending
on the type of tenant, then at that point it would come back to the Council
for discussion.
MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO
APPROVE THE DEVELOPMENT Of AN ECONOMIC ASSISTANCE POLICY AS IT WOULD RELATE TO
SALES TAX AND TAX INCREMENT REVENUE FINDINGS WITH ALL INPUT FROM COUNCIL.
38. Second Readina = Ordinance No. 933 - relatina to the Kee in of Exotic
Animals. (F:18.1) -
MOVED BY WINKLER, SECONDED BY ALONGI TO ADOPT ORDINANCE NO 933:
ORDINANCE N0. 933
AN ORDINANCE OF iHE C1TY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
ESTABLISHING REGULATIUNS FOR THE KEEPING OF EXOTIC ANIMALS IN CITY LIMITS.
UPON THE FOLLOWING ROLL CELL VOTE:
AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: ALONGI, CHERVENY
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
39. Second Readina = Ordinance No. 936 - relatinp to the Central Business
Overlav District. (F:34.2)
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE N0. 936:
ORDINANCE N0. 936
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIfORNIA,
AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 17.11 AND
ESTABLISHIGN A CENTRAL BUSINESS OVERLAY DISTRICT.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS; DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: ALONGI, CHERVENY
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
40. Second Readina = Ordinance No. 937 - relatina to Municipal Code Section
17.94 = Sians. (F:148.1)
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE N0. 937:
ORDINANCE N0. 937
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CAU FORNIA,
AMENDING SECTION 17.92 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
41. Second Readina _ Ordinance No. 938 = relatina to the North Peak Partners
Develooment Agreement. (F:68.1)(X:150.2)
Councilwoman Cherveny addressed page 11 of the proposed agreement and
requested that "may provide" be changed to "shall provide".
MOVED BY ALONGI, SECONDED BY CHERVENY TO ADOPT ORDINANCE N0. 938 WITH THE
CHANGE NOTED ABOVE.
ORDINANCE N0. 938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT WITH NORTH PEAK PARTNERS.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: WINKLER
PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
42. Citv Council Committees/Studv Sessions. (F:44.1)(X:59.1)(X:120.1)
City Attorney Harper advised that he had prepared an opinion to inform the
Council of the latest legislation on this matter. He further advised that
the court has held that anytime a standing committee meets, it is a
legislative body for the purposes of the Brown Act and all provisions of
the Brown Act including agendas, notices, regular meetings schedule and
public comment section are applicable, just the same as a regular City
Council meeting. He indicated that the purpose of informing Council of
this matter was not to influence their decision, but to inform them of the
recent court decision.
Councilman Winkler commented that committees have a way of becoming
legislative bodies and there are Brown Act problems with that. He also
commented that the Water Board has eliminated their standing committees and
have gone to study sessions; he indicated that it is better for the Council
to discuss items when all five are present to provide staff with proper
direction and input from all five Council pemple.
Councilwoman Cherveny questioned the proposed committee changes and
indicated that she personally did not have tiroe to attend every single one
of the different meetings.
City Attorney Harper clarified the difference between a standing committee
and having a representative to another agency.
City Manager Molendyk suggested that there could be representatives to the
other agencies and this could eliminate standing committees.
Councilman Alongi inquired when the new ordinance regarding the Design
Review Committee would take effect. City Attorney Harper stated that it is
30 days after the second reading. Councilman Alongi asked if the Council
was going to have time to attend all the meetings necessary if there are no
committees. He further stated that he thought that some standing
committees, such as Public Works and Public Safety were effective in saving
time for the Council and were good avenues for information.
Councilman Winkler explained that study sessions are as much for staff's
benefit as the Council. He further explained that this gives staff good
direction from Council.
Councilwoman Cherveny asked for a clarification in regard to what stays and
what goes.
City Manager Molendyk listed the following status of the committees:
JPA/EWD - Representative
LEMA (Lake Stabilization) - Representative
Chamber of Commerce - Representative
RCOG - Representative
Habitat Conservation Agency - Representative
Senior Citizens - Representative
Planning Commission Liaison - Representative
RTA - Representative
SCJPIA - Representative
LOCC - Any or All of Council
Inland Empire LOCC - Any or All of Council
Mayors and Councilmembers Conference - Any or
Finance Committee - Dissolved
Public Works - Dissolved
Public Safety - Dissolved
Parks Committee - Dissolved
All of Council
Design Review Committee - Set by Ordinance
Nuisance Abatement Committee - Ordinance - Rotational Council
Representative
PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
Councilman Alongi stressed how important he felt the Public Safety and
Public Works committees meetings were.
City Attorney Harper cautioned that if Council wishes to keep some of the
committees, then they must be on a set meeting
basis with agendas, notices and public forum. He explained that they would
be handled the same as a Council meeting.
Councilwoman Cherveny asked that Council be reassigned to the committees to
balance the assignments.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO
ABOLISH ALL STANDING COMMITTEES THAT ARE NOT PART OF ANY ORDINANCE OR
RESOLUTION.
PUBLIC COMMENTS = NON-AGENDIZED ITEMS
City Residents
Helena Holman, 15062 Danielle Way, expressed concern that she has been called a
"hate monger". She commented on the FOCUS group flyer and the current recall
efforts. She supported Edith Stafford, Christine Hyland and Penny Baker for
their interest in the community.
Laurie Tollestrup, 672 Woodcrest Drive, Apt. B, commented on the needs of local
residents and the responsibility for the Lake and its fish kill conditions.
She indicated that she feels the City has the ability to put water in the Lake.
Marge Rieder, 300 N. Ellis, commented on the Dow~town East Assessment District
and her concern with its consideration. She expressed concern with an
additional tax which would impact senior citizens on fixed incomes. She also
commented that she is now supporting the current recall efforts and announced
the location for signaturE of recall petitions. City Attorney Harper clarified
that the only action on this assessment district to date was the direction to
prepare an engineering study of the area. He further clarified that the
Council cannot proceed without a public notification process and the current
consideration is very ear'~y in the process.
Leon Strigotte, 216 Chaney Street, commented on misinformation being circulated
amoung local residents. He stressed that the control of the Lake has been with
the St'ate Department of Parks and Recreation for some 30 years. He further
stressed that the Lake Management Project is under the control of the Water
District, not the City. He addressed Penny Baker indicating that she is a
registered voter in the County area and her local representation is at the
County level. He indicated that the City Council should only be addressing the
concerns of the City residents, not County residents, as the City residents are
tired of paying for the County residents.
Rick Zwiefel, 101 N. Main Street, addressed Mayor Washburn and City Manager
Molendyk indicating that he questioned their-intentions for the City. He
commented on the Main Street Redevelopment Project and expressed concern that
there has been no follow-up promotion or advertising for the project. He also
commented that he feels the City is not adequately addressing the Lake, only
letting it dry up. He questioned the current direction of the City.
Countv Residents
Art Chaskin, 18949 Grand Avenue, thanked City Manager Molendyk for his efforts,
as he feels he has done a good job and provided good answers. He commented on
the recent loss of the Rodeo; the recent payment by developers in Tuscany
Hills; and documentation on the Mayor and brokership. He also commented that
he has never signed a recall petition and has spoken to Council on a number of
issues. He requested an opportunity to meet with the Mayor and discuss these
issues.
Sue Corley, representing Wildomar Food Share introduced David Whitley who
PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
explained the efforts and affiliations of the Food Share program. He
apologized for representations to the City Council by an individual and thanked
the Mayor for attending their recent meeting.
Herlinda Alberti, 33120 Stoneman, representing Save Our Kids, thanked Mayor Pro
Tem Dominguez for his assistance in finding a meeting location, and thanked the
community for its support. She advised that she was present to show the kids
government at work. She stressed the need for additional assistance from the
City and the Community and invited all to attend their meeting on September
14th at 7:00 p.m. at the Lake Community Center.
Robert Houts, 32946 Rose Avenue, commented that the Lakeshore Homeowners Group
is still waiting for the City's support of their launch rights. He further
commented that even a letter of support to the State would be helpful.
Marion Weisis, 33120 Stoneman, commented on the efforts of Save Our Kids.
CITY MANAGER COMMENTS
City Manager Molendyk addressed the comments of Mr. Zwiefel and explained that
the City Council sets policy for local government and the City Manager is
empowered to administer that policy.
CITY COUNCIL COMMENTS
Councilwoman Cherveny indicated that she would like to see the agenda format
reevaluated and consideration given to placing Study Sessions prior to regular
Council Meetings; moving lhe meetings to 6:00 p.m.; and moving public comments
to the beginning of the meeting.
Councilwoman Cherveny commented for the record that due to the length of the
meetings, the August 25, T992 minutes were not included in this agenda packet
She also commented that the Warrent List is being reformatted for
clarification. She further commented on Committee appointments and requested
that the Mayor review them. Mayor Washburn requested a list from staff for
evaluation.
Councilwoman Cherveny addressed the Chamber of Commerce and the Downtown
Business Association and commented that she has always supported both
organizations and feels there was not effort to take over their events. She
further commented that she will continue to support the efforts of these
organizations.
Councilman Winkler commented that the recent Chamber of Commerce mixer went
well and he wished them well in their efforts. He also commented that he will
be meeting with Mr. Warner°. He expressed understanding of the frustration
involved in the parade request and advised that he is not sure of the
alternatives at this time. He enccouraged the Community to contribute to this
event.
Councilman Winkler commented that he likes the idea of study sessions before
Council Meetings, but would support moving the meeting earlier. He further
commented that he would prefer to retain tfie current public comment format; he
xplained that he would not want people present for public hearings and
business items to wait through public comments.
Councilman Alongi commented that while he appreciated the input from County
residents, the Council needs to address City needs. He further commented that
he will also continue rejecting items which require funding for the Lake as
long as it retains in the hands of the State. HQ agreed with maintaining the
7:00 p.m. start time for Council Meetings.
Councilman Alongi also commented on'the Rodeo and took the blame for loss of
the event and suggested that quicker action might have retained it. He advised
that he has received several calls and letters regarding the Assessment
District in the Downtown area. He apologized to the public for his behavior at
the last City Council Meeting.
PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992
Mayor Pro Tem Dominguez commented on recent action to dissipate the odor from
the Lake and advised that this was a City contract. He advised that to
encourage ridership, R.T.A. will be holding a free ride day.
Mayor Washburn concurred with retaining the 7:00 p.m. start time with earlier
Study Sessions. He also advised that he feels the current public comment
format is adequate, and stressed that those comments should be for the
betterment of the Community. He detailed the accomplishments of the last 12
years on the Lake Management project for which will total approximately $65
million. Mayor Washburn also advised that applications are now available for
two business people to serve on the Design Review Committee.
At the request of Mayor Washburn, City Attorney Harper commented on the recent
"Recall Primer" distributed in the Community and clarified the allegations of
that newpaper. With regard to the Ambassador Hotel, Mayor Washburn was
representing the seller and asked for direction from the City Attorney; who
advised that he should abstain from discussion on this matter and since that
time he no longer represented that property and will not profit from the sale.
Regarding the Outlet Center, Mr. Washburn has been investigated by the Fair
Political Practices Commission and found to have no conflict, as he was not
involved in the sale or profit from sale to the McArthur Glen Group. The
$100,000 loan mentioned was a refinance of his property. And with regard to
the RDA Loan, the loan was guaranteed by Estes and Washburn was only a
shareholder at the time. The only obligation for this loan is with Mr. Estes.
THE CITY COUNCIL MEETING WAS RECESSED AT 9:54 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 10:20 P.M.
CLOSED SESSION
THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT
AGENCY AT 10:21 P.M. TO DISCUSS LITIGATION WITH OMG & KUNZ.
HE CITY COUNCIL MEETING RECONVENED AT 10:41 P.M. NO ACTION TAKEN.
ADJOURNMENT
MOVED BY WINKLER, SECONDED BY WASHB
THE REGULAR CITY COUNCIL MEETING AT
AND CARRIED BY UNANIMOUS VOTE TO ADJOURN
42 P.M.
.~~ ~ ~~~-------_
GARY WASHBURN, MAYOR
CITY F LAKE ELSINORE
TTE~T:
2~ ; ,z~.
VICKI K:4~HD, CITY CLERK
CITY OF LAKE ELSINORE