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HomeMy WebLinkAbout01-25-1994 City Council MinutesMINIITES REGIILAR CITY COONCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY STREET LARE ELSINOREs CALIFORNIA TIIESDAY~ JANIIAR% 25~ 1994 s**,t**tt+t*,t****e****r*r**a*t~******************a*s****rr*****rr***s 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 Mayor Washburn. 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 Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manaqer of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIAL3 A. Presentation - Captain Wavne Daniel. (F;126.2) Mayor Washburn noted the service of Sheriff Captain Wayne Daniel to the Community. He explained that Captain Daniel is being reassigned to the correctional facility and noted the programs in which he has been involved in the City of Lake Elsinore. B. Presentation - Winterfest Window Decoratina Contest. (F:64.2) Mayor Washburn noted that festivities provided by Winterfest and presented Certificates of Recoqnition, ribbons and checks for the following businesses: Enchanted Castle, Mayhall Print Shop and Main Street Trading Post. Main Street Trading Post was the only business present to receive this award. C. Presentation - Friends of the Librarv Fundraiser. (F:98.1) Mayor Washburn recognized Genie Kelley to announce this event. Genie Kelley, President, Friends of the Library announced a fundraising dinner to be held at the Community Center on February 5, 1994. She explained that it would be a baseball memorabilia auction and dinner and announced the Angel's representatives who would be present for the event. D. Presentation - Report on Outflow Channel Pro~ect. (F:92.2) Jim Lowe, 3 B's Construction, indicated that there was little new information to repor~. He noted that only three to four more weeks of excavation are remaining, and that some delays PAGE TT40 - CITY COIINCIL MINIITES - JANUARY 250 199~9 have been experienced due to utilities. He indicated that the Limited Street bridge is clue to be open by April 1, 1994. He further indicated that the entire project for excavation would be cut by approximately two months. He also noted that efforts are con~inuing to keep the area clean durinq construction. Councilwoman Cherveny commended Mr. Lowe for the work being clone by 3 B's. PIIBLIC COMMENTS - Z~GENDZZED ITEMS ltequests were received to address item nos. 9 and 31 and deferrecl to those discussions. CONSENT CALENDAR MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO PLACE AN URGENCY ORDINANCE CONCERNING ADULT BUSINESSES ON THIS AGENDA AS ITEM #30. The following %tems were pulled from the Consent Calendar for further discussion and consideration: Ytem NOS. 2~ 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 17, 18 dnd 19. MOVED BY CHERVENY, SECONDED BY ALONGY AND CARRIED BY UNANIMOUS VOTE 'd'O APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:44.4) a. Regular City Council Meeting - December 14, 1993. be City Council Study Session - January 6, 1994. c. Special Ci~y Council Meeting - January 6, 1994. c1. City Council Study Session - January 13, 1994. 7o Approvecl Change Order No. 1 for 888/Whiting Trunk Sewer in West Lake Elsinore Community Facilities District 88-3 for B.K. Baker Company, for a reduc~ion of $1,217.00. (F:22.3) So Accepted Notice of Completion for 888/Whiting Trunk Sewer ira West Y,a-te Elsinore Community Facilities District 88-3 for B.K. Baker Company. (F:22.3) Y6. Received and ordered filed Fiscal Year 1992-93 Annual Audit & k'inancial Report.(F:24.1) YTEMS PULLED FROM CONSEN'd° CAY,ENDAlt 2. %,.E.A.F. Animal Control Activity I2eoort - December 1993. (F:18.2) Councilman Alongi noted fhat the format for reporting had changed with this reportg and the new reports do not reflect the prior year's statistics. die requested that staff send a letter ~o L.E.A.F. requesting that the reporting be changed back to the prior format. MOVED BY ALONGY, SECONDED BY CHERVENY AND CARRYED BY UNANIMOUS VOTE PAGE THREE - CITY COUNCIL MINIITES - JANUARY 250 1994 TO RECEIVE AND ORDER FILED THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR DECEMBER~ 1993. 3. Warrant List - Januarv 14, 1994. (F:12.3) Councilwoman Cherveny questioned the warrant for the Labor Commission. Administrative Services Director Boone indicated ~hat this warrant was part of the settlement with Riverside Pipeline regarding the Community Facilities District 88-3 project. Councilwoman Cherveny inquired whether the check to Noble Consultants was drawn on the Lake Enterprise account. Mr. Boone indicated that it was. Mrs. Cherveny inquired whether this was an allowable expense. Mr. Boone indicated that it was. Councilwoman Cherveny questioned the warrant to Urban Vision, Mr. Boone indicated that this was a consultant for a developer which is covered by cost recovery, and he would need to research it to provide more detail. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 4. Claim Aaainst the City - Rov Terrebonne (CL #93-201. (F:52.2) Councilman Alongi noted that this item pertains to the Zone Change for the Chaney Street area, which will be back at the next meeting. MOVED BY ALONGY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO TABLE THIS ITEM. 5. Councilwoman Cherveny explained that this item is procedural in calling the election for June 7, 1994. She questioned the cost anticipated for the Candidate Statements. City Clerk Kasad explained that the cost is approximately $.05 per registered voter for preparation of the statement and the $200 fee is an appropriate estimate for the deposit. kIOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 94-6 AND 94-7. RESOLUTION NO. 94-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, JUNE 7, 1994~ FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF RIVERSIDE TO CONDUCT SAID ELECTIONe City Attorney Harper noted that if no action is taken, after 45 days the claim is rejected by process of law. PAGE FOUR - CITY COONCIL MINOTES - JANIIARY 25~ 1994 RESOLUTION NO. 94-7 A RESOLUTYON OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIAs ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTYVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO TAE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 7, 1994, 6. Maintenance Contract for Street Maintenance Program. (F:156.1) Councilman Alongi inquired whether pages 3 of 13, 5 of 13 and 7 of 13 would be removed from the bid package. Public Services Director Tecca indicated that the entire bid schedule will be rewritten and new bids soughto NIOVED BY ALONG2, SECONDED B`d WASHBURN AND CARRIED BY UNANIMOUS VOTE TO REJECT ALL BIDS, DIRECT STAFF TO MODIFY TAE BID SCAEDULE AND RE- BID THE STREET MAINTENANCE PROJECT. 9. Contract Extension - City Manager. (F:68.1) Councilwoman Cherveny explained this item and indicated that she finds it interesting that the contract is being extended really only eight months, based on the September 8 contract date. She read a portion of the contract which indicates that the contract will be reviewed four months after the next Council electson. She indicated that she would have no problem extending the contract to October, however further extension is tying the hands of the Council elected in June. She indicated that the Council might want to allow for evaluations, etc. She stressed that she would lilce to see the contract extended to October, 1994. MOVED BY DOMINGUEZ, SECONDED BY WINKLEI2 TO EXTEND THE CITY MANAGER'S CONTRACT TO AUGUST 1, 1995. Mayor Washburn indicated that he had placed this item on the agenda to allow for continuity on the Stadium and other major projects uncierway. Councilman Alonqi indicated that he also had a problem with this extension because the contract already allows for extensions. He further indicated that he sees no provision of the Council to arbitrarily extend this contract. He commented tTaat whxle he realizes what Mr. Molendyk has done for the City, he thinks it is an insult Y.o f.hose who might be elected. He indicated that with the shift in elections to June, the contract is automatically extended two months. He suggested that the new Council should be allowed to judge the City Manager on his merits. He indicated that this action was forcing the Council to put the City Manager in a bad position. He suggested that the Council not grant the one year extension. Councilman Winkler indicated tha~ he understancYs the concerns of the Council, and noted that a new Council could adjust the contract as they wish. He further indicated that he wanted allow ample time for Council to know the manager and his staff. FIe expressecl concern for the staff at this time, based on a certain amount of uncertainty. He indicated that he eaanted ~o give staf~ an assurance that if they want to goo-c PAGE F%VE - CITY COUNCIL MINIITES - JANUARY 25, 1994 around at employment, they will have time after the election to do so. He stressed the number of monumental projects underway in the City such as the Stadium, the outflow Channel, Walmart, etc. He indicated that he felt giving security to the staff was beneficial to the Community. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 10. 11. 12. 13. 14. 15. 2.4) Cost Recoverv for Nuisance Abatement of Y,ot on Jov Street. Cost Recovery for Demolition of 207 E. Potterve Councilman Alongi commented on items 10 through 15, noting that he is not comfortable with the verbiage "after two years". He indicated that he would like to see the repayment pursued immediately after the two year period. He stressed his concern for assuring that repayment is received. City Attorney Harper indicated that this was not a problem, as it was the intent of the language. He further indicated that it would most likely still come back to Council for direction, because they would need to decide how much to spend in cases where there is only $300 outstanding. Councilman Alongi questioned the processing and whether more than one can be done at a time. City Attorney Harper indicated that they are individual foreclosure actions with separate lawsuits and court dates. Mr. Alongi commented that it would not be done as one case on one day; and noted that it is a total of $70,000 to 80,000. Yie questioned why it could not all be done in one day. City Attorney Harper stressed that each foreclosure is a separate lawsuit. Councilman Alongi suggested petitioning the court to handle all of them the same day. City Attorney Harper indicated that because of different lawyers and property owners this would most likely not be possible. Councilman Alongi further stressed that the attorney was not dealing with a sinqle dollar amount. Councilman Winkler commented that even with several cost recoveries being approved today, in two years there might only be one or two left to address. He indicated that it is incumbent on the City Attorney to propose the best use of dollars to address the outstanding repayments. Councilman Alongi indicated that if the City takes a position to lien the property, but the money cannot be collected, the City shouldn't spend the money. Mayor Washburn indicated suggested that the issues be addressed in two years when it is time to address them. He indicated that the City Attorney tends to act in a timely matter on these itemse City Attorney Harper indicated that most liens are collected upon the sale of the property, which means no foreclosure proceedings are necessary. Ae further indicated that he understood the direction to look at them in two years and PAGE SYB - CITY COIINCIL MINtJTE~ - JANUARY 25o 5994 consider pursuing foreclosure. Councilman Alongi inqui'red whether legal fees are recouped on this type of action. He further inquired whether administrative gees can be collected as in the weed abatement actions. City Attorney indicated that they are included in the cost but clarified the repayment. He also explained that the best alternative on smaller amounts might be to place them on the tax rolls. MOVED BY WYNKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERIES AND THE PLACEMENT OF SPECIAL LIENS AGAINST THE PROPERTIES AT: 31953 CORYDONs 103 NORTH SCRIVENER, 29355 PINNELL, 403 WEST HEALD, VACANT LOT ON JOY STREET (APN 379-191-004j, AND 207 EAST POTTERY. 17, rvwrisenu - ivo cvnsensus reacnea ac Meezina og ~anuarv 11 1994. (Fj162.2) Councilman Alongi noted that this item fiad come before the Council previously and indicated that he would like to pull this item because the Council policy will entail discussion. Mayor Washburn indicated that fie would agree to table this item. Councilman Alongi indicated that he would like to discuss the council policy on a 2 to 2 vote, MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO DENY THIS REQUEST FOR STOP SIGNS AT HEALD & TOWNSEND. Councilman Alongi indicated that this was discussed at the last meeting and received a 2 to 2 vote. He further indicated that he has discussed this matter with the City Attorney at length. He noted the different vote requirements for different items and read the definition of "majority voteoe~ stressing the portion about "cannot be obtained"o He stressed that there were four Councilmembers present at the last meeting so a majority vote could have been obtained. City Attorney Harper clarified the Council Policy and noted that interpretation of majority vote beinq three was a moot point in that it would require three to hold a meeting in the first place. He suqgested alternative interpretations, but noted ~hat there is some degree of ambiguity. Further discussion between Council and the City Attorney ensued regarding the intent of the policye `d'HE FOREGOING MOTION CARR%ED BY A VOTE OF 4 TO 1 WYTfi CHERVENY CASTING THE DISSENTING VOTEe 18, Contract with J.E. Davi %,imited Avenue. (F:68.1) he would need to He stressed that Councilman Alongi expressed concern that this ite the Council to approve a contract they have not noted that the fees are from $41,000 to 151,000 an see the contract and what is being he wants to see,this information m requested seen. He d indicated discussed. in the PAGE SE9EN - CITY COtINCIL MINIITES - JANUARY 25, 1994 packet and indicated that he was not ready to vote on this item. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPROPRIATE $52,750.00 FOR J.F. DAVIDSON AND $5,000 FOR A SOILS ENGINEER FOR TESTING; AND APPROVE THE CONTRACT WITH J.F. DAVIDSON ASSOCIATES~ YNC. AND AUTHORYZE THE DIRECTOR OF PUBLIC SERVICES TO EXECUTE THE CONTRACT. 19. Budget Adiustment - Building Denartment. (F:30.1)(X:32.1) Councilman Alongi indicated additional funds are needed, information in the packet so that he would not deny that but stressed the importance of he can evaluate the need. Mayor Washburn clarified that the intent of this item was that the position would pay for itself through building permit fees collected. Councilwoman Cherveny concurred with Councilman Alongi that no back-up material was provided. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ADDITIONAL $25,000 TO THE BUILDING DEPARTMENT'S ACCOUNT 100-4320-424-20-20. BUSINESS ITEMS 30o Uraencv Interim Ordinance No. 974 - (F:172.1)(X:32.1) City Attorney Harper indicated that the Municipal Code currently sets up regulations for Adult Businesses. He noted that an application has been received to place a business in the C-2 Zoning District. He clarified that upon examining the impact of that business, staff was concerned that the C-2 zone might not be appropriate. He advised that Government Code Section 65858 allows the City Council to adopt what is essentially a moratorium for 45 days. He detailed the required steps following the adoption of this ordinance and the allowances for extension of the moratorium. He stressed that while the City cannot prohibit this type of business, it is possible to regulated this type of business and the area in which it would be allowed. Councilwoman Cherveny inquired whether it would be possible to require a C.U.P. for this type of business. City Attorney Yiarper indicated that it would be possible, but the use itself can not be a consideration. He noted the burden on cities to requlate this type of business and sugqested that it is generally easier to designated areas in which the use would be allowed. He noted that Mission Viejo has recently designated three areas of the City in which this type of business would be allowed if all conditions are met. Mayor Washburn noted a large number of requests to speak on this item. The following people spoke in opposition to this application and Adult Businesses in general with particular concerns for the McDonald's Playland in the vicinity of the proposed store, the vicinity to residential areas and the vicinity to Railroad Canyon School: RAGE EYGHT - CZTY COIINCIL MYNIITES - JANIIARY 25s 1994 Reverend RicK Uhls, First United Methodist Church of Lake Elsinore Alan Reynolds, 15055 Nottingham Road, L.E. Peggy Taylor, 567 Highlands Road, L.E. Philip Taylor, 567 Highlands Road, L.E. Susan Yantorn, 15171 Wavecrest Drive, L.E. Reverend Richard Alvares, Lakeland Christian Fellowship Foursquare Church Susan Nieto, 30111 Yellow Feather, Canyon Lake Reisa Kersfing, 30519 Meadowlark, Canyon Lake Ynga Huqhes, 18174 Brightman Avenue, Lakeland Village Lois Kniqht, 16504 Mango Way, L.E. Jeannie Corral, School Board Member & Resident for 27 years Paula Willette, 21551 Bundy Canyon Road, Wildomar Dorri Neal, 14889 Amorose Street, L.E. MOVED BY WASHBURN, SECONDED BY CHERVENY TO ADOPT URGENCY ORDINANCE NO. 974: Councilman Alongi commented on his frustration with this si~uation and noted his concerns with this type of business as a grandparent. xe expressed constant concern for his granddaughter. He noted ~hat the property owner who leased to this business was a resident of Canyon Lake and expressed concern that he has brought this °1smut" to the community. Councilman Winkler thanked the residents for bringing this matter to his attention over the weekend and addressed those present from Canyon Lake and suqgested tfiat they contact the owner of the building. Councilman Alongi announced that the property owner's phone number was 245-8848. Councilwoman Cherveny commented that all Councilmembers had xeceived numerous calls on this item. She further commented on the concerns of the owner of the craft store in the same center. She suggested ~hat while ~he Council°s hands are somewhat tied on this issue by State regulations, the residents and the Community have more power as individuals in this matter. She offered her personal support to ~rotest this businessa Mayor Washburn concurred with the comments of the other Councilmembers and indicated that he has started to draft a letter to the Mayor og Canyon Lake expressing his concerns with the property owner. THE FOREGOING MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE: ORDYNANCE NO. 974 AN URGENCY YNTERYM ORDINANCE OF THE CITY OF I,AKE ELSINOREa CALYFORNIA PROHIBITING ADULT BUSINESS USES PENDING A CONTEMPLATED ZONING STUDY. AYES: COUNCILMEMBERSs ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE PAGE NINE - CITY COUNCIL MINUTES - JANQARY 25~ 1999 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COLTNCILMEMBERS: NONE 31. Second Reading - orainance No. 97z - zone cnanqe y3-b - C1LV of Lake Elsinore. (F:172.2) David Locke, 15025 Monty Court, questioned the prior vote on the related annexation and questioned whether a 3-0 vote was required on an ordinance. City Attorney Harper noted Council policy for majority action and indicated that the action had been taken appropriately. Mr. Locke further questioned whether a first reading had occurred. MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 972: ORD%NANCE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 212 ACRES TO RURAL RESIDENTIAL AND RESIDENTIAL AGRICULTURAL (ZONE CHANGE 93-5) LOCATED ROUGHLY WEST OF GRAND AVENUE, NORTH AND SOUTH OF AMOROSE STREET AND TOFT DRIVE: CITY OF LAKE ELSINORE. UPON ON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN~ WINKLER 32. Second Readina - Ordinance No. 973 - Abatement of Abandoned Vehicles. (F:54.1) MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 973Y ORDINANCE NO. 973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.36 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ABATEMENT OF ABANDONED VEHICLES. UPON ON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN 33. Annual Julv 4th Proqram. (F:151.1) City Manager Molendyk noted that the City has presented the July 4th program at Swick/Matich Field for the last eight PAGE TEPY - CYTY COUBYCIL MINIITES - JANIIARY 25~ 1994 years. FIe noted that in the past it has included car shows and concerts, etc. FIe indicated that with the Stadium Completion it would be the intent to program the facility for Community events. IIe also indicated that staff is wor&ing to facilitate professional concerts as an off-set to the costs. He proposed the first professional concert be programmed for July 4th and advised that the City has the opportunity to book Wynona Judd, Tracy Lawrence and Tracy Bird. He explained the recommendation including approval for the City Manager to execute appropriate agreements for this concert, set ticket price to off-set the cost and to approve holding this event at ~he Stadium as a]cick-off gor ~he new facility. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO AUTHORIZE THE CITY MANAGER TO CONTINUE NEGOTIATIONS WITH THE ENTERTAYNERS AND AUTHORIZE THE CITY MANAGER TO EXECUTE PERFORMANCE AGREEMENTS AND PROCESS THE NECESSARY DEPOSITS SHOULD THE CITY°S OFFER BE ACCEPTED~ AND AUTHORYZE STAFF TO PROCEED WITH SET UP OF THE SAOW AT THE DIAMOND STADIUM IF THE OFFER IS ACCEPTED. Councilwoman Cherveny commented that it would be nice to be able to provide this concert free of charqe to the community. She indicated that she feels it is important to try to maintain somethinq at Swick/Matich field, even if local entertainment is utilized. She requested that staff pursue providing this entertainment as well. Councilman Alongi indicated that he does not oppose the event at the Stadium because it is important to hold events and pay for the Stadium. He commented that July 4th is the birthday party given to the community and the dollars are already in the budget for the Swick/Matich event and stressed that this event should also be provided as it has been previously. Councilman Dominguez called for the question. Mayor Washburn commented that the Stadium is a positive for the Communityo but noted that baseball is not the money maker for the facility. Iie stressed the importance of establishing events at the Stadium to help generate dollars. °PHE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 34a Reconsideration of PuY~lic Safetv - Pronositinn i~z - . (F:126.1) Councilwoman Cherveny noted the prior allocation of funds from Proposition 172 and indicated tha~ the $48,000 approved for the staff position has not been addressed. She suggested that this position be deferred to next year's budget and the $48,000 earmarked be shifted to providing security for the Stadium. She indicated that none of this money has been spent to date. I+IOVED BX CI-IERVENY, SECONDED BY ALONGI TO RECONSIDER THE $48' 000 AND ADD IT TO THE $50,000 EXTRA DUTY WHICH HAS NOT BEEN SPENT FOR USE AT THE STADIUM OR THE LAKE. Councilman b4inkler indicated that he would oppose this motion gor the reasons stated at the December 14tkx Council Meetingo THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH PAGE ELEVEN - CITY COIINCIL MINUTES - JANQARY 25~ 1994 DOMINGUE2, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. Mayor Washburn clarified that the request for reconsideration was denied. 35. Reconsideration of General Fund Loan to Stadium Proiect - Reauested by Councilwoman CherVenv. (F:134.10)(X:30.1) Mayor Pro Tem Dominguez suggested that this item be deferred to the Mid-Year Sudget Review Workshop on February 3, 1994. Councilwoman Cherveny indicated that she would not have a problem deferring this matter, but noted that she is opposed to the $1.6 million loan from the General Fund. She encouraged staff to look at the Redevelopment Agency Budget for funds which can be utilized. She stressed that the RDA funds cannot be used for police officers, but the reserves can be spent for anythinge WITH UNANIMOUS CONSENT THIS ITEM WAS DEFERRED TO FEBRUARY 3, 1994. PIIBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, noted a letter in the Sun-Tribune from Laurie Riddle regarding Councilmembers Alongi and Cherveny and herself. She indicated that she is sure her letter of response will not appear in the paper, so she read it to the Council and Community. She noted that she does not like liars and does not appreciate the slanderous remarks. She commented that she will address the Council at any time she feels appropriate and will only speak on items on which she has complete and accurate information. Peter Dawson, 18010 Grand Avenue, representinq the Southshore Homeowners Association, indicated that they appreciate the efforts by the City to date on negotiating launch rights of County residents. He noted that while the agreement is not complete, he is confident that a satisfactory agreement is attainable, He requested that the Council continue this effort. CITY MANAGER COMMENTS City Manager Molendyk reminded Council that no workshop is scheduled for this week and the next one will be the February 3rd Budget Review. CITY COIINCIL COMMENT3 Councilman Alongi commented on the following: 1) Noted letters received from Hal Holland regarding the Lake and from Dorothy Russell regarding the Sheriff's Department. He indicated that he has referred Mr. Holland's letter to staff for a response, and advised Mrs. Russell that while he agreed a bad situation had occurred, the Elks Lodge facility is in the County, and this letter should also be sent to Supervisor Bob Buster. 2) Expressed disappointment with the proposed pornography store, and noted that some things slip through the cracks. 3) Noted his strong feeling regarding Council Policy, and EAGE TWEL9E ~ CITY COIINCIL MINIITES - JANIIARY 25B 1994 stressed the need gor Council to collectively abide by it. 4) Stressed ~hat it is an insult to the elected officials to take steps to protect staff. 5j E~ressed disappointment with the Canyon Lake resident who leased his busienss to the adult book store and noted that Kevin Jeffries was approached to lease his buildinq, but because of his respect for the City and County did not lease to the man. 6) Would like to see Council review the C-1 and C-2 uses, as it is not fair to allow this type of business, when the D.R.C. zone places more restrictions. 7) Hoped the Council would reconsider the D.R.C.~s ability to approve businesses on Main Street. ~e stressed that buildings are purchased for a specific use and it is a violation to deny certain uses. He indicated that the D.R.C. is overstepping it's responsibilities. Councilman Dominguez had no comments. Councilman Winkler commented on the followinge 1) Requested update on Chaney Street; have the lights been ordered for the stop sign. Public Services Director Tecca indicated that he spoke with the Edison Company and they were trying to get the lights in last week, however the earthquake caused some delays. He further indicated fhat they should be in later this week and the bots dots should be in on Friday. Councilman Alongi inquired wfien work would begin on the Handicapped Ramp at 154 N. Main Street, Mr. Tecca indicated that the bids are out this week, with the opening scheduled for three weeks from nowo He indicated that work should begin in three ~o four weeks, Councilwoman Cherveny commented on the followinga 1) Attendance at the Chamber of Commerce Ynstallation, and extended congratulations to Dick O'Neal on his receipt of the Packman Award. 2) Noted efforts of Saint Frances of Rome Catholic Church in providinq Soup Kitchen for the past year. She noted that one year ago they served 693 per day and in December o£ 1993 had reached 1,437 per day. 3) Opportunity to meet Jeep Shelton, the new Executive Director for the Chamber of Commerce. She also noted the new business directory on which the City staff participated. 4) C.D.B.G. funding deadline is February 23rd; packets are available at City Hall for interested organizationse 5) Noted letter from Dorothy Russell, and indicated tfiat sfie PAGE THIRTEEN - CITY COIINCIL MINIITES - JANIIARY 25~ 1994 had spoken with Lt. Garthwaite regarding the situation. She advised that a County car was involved in this incident and she has referred the letter to the Sheriff's Department. Mayor Washburn commented on the following: 1) Noted the current Community Services Recreation Brochure and encouraged community to participate in the events and activities. 2) Thanked staff and the contractor for the street improvements on Campus Way, Silver Street, etc. Advised Mrs. Briggs that the street is now paved, better late than never. 3) Needed Council Policy Manual additions including ability to place agenda items on the agenda or remove from the agenda. CLOSED SESSION None. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:07 P.M. ' ~l~~l~- GAR~M. WASHBURN, MAYOR CIT OF LAKE ELSINORE ~ A' 'T'EST o V ~n~~~ VICKY R?S'~D, CIT'l CLERK CITY OF LAKE ELf3INORE