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HomeMy WebLinkAbout02-22-1994 City Council MinutesMINUTES REGULAR CITY COIINCIL MEETING CITY OF LARE ELSINORE 183 NORTH MAIN STREET ' LARE ELSINOREs CALIFORNIA TUESDAY, FEBROARY 22, 1994 a******e****aa*,t******t**a,t*,e***~~aa*a*********r******t*******rr* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledqe 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, Acting City Attorney Montqomery, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Erojects Watenpaugh, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS Mayor Washburn introduced Mrs. Aggie Goodacre and explained that she would assist in introducing the Miss Lake Elsinore contestants. Mrs. Goodacre detailed the plans for the Miss Lake Elsinore Pageant scheduled for Saturday, February 26, 1994, beginninq at 6:00 p.m. The following Miss Lake Elsinore contestants introduced themselves and recognized their sponsors as follow: (F: 108.4) Lisa Reed sponsored by Mission Optometric Alexis Sanders sponsored by Roundup Feed & Pet Supply Marla Murray sponsored by Lakeview Inn Jacquelyn Malone sponsored by O'Neal Insurance Kelly Lees sponsored by Orange Credit Service Monica Erisch sponsored by Barron's Furniture Sky Duran sponsored by Select Managed Care Services Sarah Daraban sponsored by Park Plaza Family Restaurant Melinda Conn sponsored by State Farm Insurance Rachel Bentley sponsored by Big O Tires Mrs. Goodacre encouraged local residents to support this community event. A. Proclamation - Black History Month. (F:122.1) Mayor Washburn read and presented this Proclamation to Mrs. Flora Frazier. Mrs. Frazier accepted the proclamation and thanked the Council for this recognition. She emphasized the importance of recognizing one human race, rather than different ethnic backgrounds. She detailed the Black History Month activities planned for the weekend of February 26th and 27th. She introduced representatives of the local organization. PAGE TWO - CITY COIINCIL MINIITE~ - FEBRIIARY 22e 1994 B, Proclamation - Shane Mitchell, lst Place. Novice Class. BMX Winternationals.(F:122.1) Mayor Washburn read and presented this Proclamation to Shane Mitchell and commended him for his accomplishment. Steven Mitchell, Shane's father, thanked the Council for this recognition for his son and thanked My Buddies Pizza for their sponsorship of Shane. He encouraged community recognition and participation is activities such as this for the good of the children in the Community. PIIBLIC COMMENTS ~ AGENDIZED YTEMS The following items were requested and deferred to those discussions: Item Nos. 34, 35 and 36. CONSENT CALENDAR The following items were pulled from ~he Consent Calendar for further discussion and consideration: Item Nos. 2 and 8. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1o The following Minutes were approved: (F:44.4) a. Special City Council Meeting - February 1, 1994. ~ b. City Council Study Session ° February 3, 1994. c. Regular City Council Idieeting - February 8, 1994. The following Minutes were received and ordered filed: (F:60.3) d. Planning Commission Minutes - December 15, 1993. e. Planning Commission Minutes - January 5, 1994. f. Planning Commission Minutes - January 19, 1994. g. Planning Commission Minutes - February 2, 1994. 3. Received and ordered filed the Building Activity Report for January, 1994. (F:32.2) 4. Received and ordered filed the Code Enforcement Activity Iteport for January, 1994, (F:54.1) 5. Ratified Warrant List for February 16, 1994. (F:12.3) 6. Rejected and Referred to Claims Administrator the Claims Against the City submi~ted on behalf of Salvador Garcia (CL # 94-2a); Alicia Garcia (CL #94-2b) and Secundino Garcia (CL #94-2c). (F:52.2) 7. Approved Final Parcel Map 27659 for Oak Grove Equities; authorized signature and recordation of the map and accepted dedications in connection witfi the final map. (F:150.2) PAGE THREE - CITY COIINCIL MINOTES - FEBRUARY 22~ 1994 9. Approved Cost Recovery for Demolition of 31190 Riverside Drive, in the amount $4,884.44 and authorized placement of a special lien against the property. (F:32.4) 10. Approved Cost Recovery for Abatement of Lot on Strickland Avenue, in the amount of $363.20 and authorized placement of a special lien against the property. (F:32.4) 11. Approved Cost Recovery for Nuisance Abatement of 15056 Christina Court, in the amount of $363.20 and authorized placement of a special lien against the property. (F:32.4) 12. Approved Cost Recovery for Nuisance Abatement of 189 South Chestnut Street, in the amount of $361.76 and authorized placement of a special lien against the property. (F;32.4) 13. Adopted Resolution No. 94-12 relating to Goodhew Ambulance Dedicated Services in Western Riverside County. (F:126.1) RESOLUTION NO. 94-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, PERTAINING TO AMBULANCE SERVICE IN WESTERN RIVERSIDE COUNTY. 14. Approved Public Hearing Date of March 22, 1994, for the following: a. Conducting Authority Hearing for Annexation No. 62 - Goodland Investments. (F:20.2) 15. Approved the Categorical Exclusion - Exemption Determination for the Lakeshore Drive Bridge Environmental Certification. (F:156.2) ITEMS PULLED FROM CONSENT CALENDAR 2. L.E.A.F. Animal Control Activity Report - Januarv, 1994. (F:18.2) Councilman Alonqi commented on the report and congratulated the Community for the continuinq reduction in statistics for euthanization and turned in animals, and the increase in statistics for animals adopted. He reminded the Community of the low cost shot clinics and neutering services provided by L.E.A.F. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND FILE THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR JANUARY~ 1994. 8e Cost Recoverv for Nuisance Abatement of Lot on Jov Street. (F:32.4) Councilman Alongi noted his ongoing concern with these cost recovery items. He noted that this item is of particular concern in that it involves clean up of a location where homeless people have set up to live. He acknowledged the need to clean this location up but stressed the need for a program to assist in placinq these people. He suggested that a joint program with the County and other agencies might be appropriate. MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY FOR NUISANCE ABATEMENT OF A LOT ON JOY STREET, IN THE AMOUNT OF $495.12 AND AUTHORIZED PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. PAGE FOUR - CITY COONCIL MYNOTES - FEBRIIARY 220 1994 POBLIC SEARINGS 21. Street Name Chanae - Robb Road to Lake Street - Resolution No 94-13. (F:158.1) City Manager Molendyk explained this item and the street name change transitions currently in place. He noted that the Council has previously requested review of this matter in an effort to eliminate confusione The City Clerk reported no written comments or protests. Mayor Washburn opened ~he public hearing at 7:24 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:25 p.m. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 94-13. RESOLUTION NO. 94-13 P, RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE NAME OF ROBB I20AD TO LAKE STREET. BOSINESS ITEMS 31. Second Readina - Ordinance P7o. 971 - Zone Change 93-6 - Chaney Street Area. (F:172.2) MOVED BY WINKLER, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 971 YTPON SECOND READYNG. ORDYNANCE NO. 971 AN ORDINANCE OF TAE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING AN AREA ALONG THE WEST SIDE OF CHANEY STREET BETWEEN AEALD AVENUE TO THE SOUTH, TRELEVEN AVENUE TO THE NORTH, WITH THE WESTERN BOUNDARY BEING WILSON WAY, ADAM AVENUE, SUNINER AVENUE, DRISCOLL STREET, MORTON STREET, CALKINS AVENUE AND GEDGE AVENUE FROM R-2 MEDIUM DENSITY RESIDENTIAL TO R-1 SINGLE-FAMILY RESIDENTIAL (ZONE CHANGE 93-6: CITY OF LAKE ELSINORE). iJPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENTo COUNCILMEMBERS: I30NE ABSTAINo COUNCILMEMBERSa NONE 32e City Manager Molendyk explained the interim ordinance recently adopted which relates to adult businesses. He explained the formal steps required to extend the ordinance and recommended issuance of the report as presented. PAGE FIVE - CITY COIINCIL MIN[TTES - FEBRUARY 22s 1994 MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ISSUE THE REPORT AS PRESENTED. 33. Mortaaae Credit Certificate Proaram - Resolution No. 94-14. (F:87.1) City Manager Molendyk explained that this program previously expired in 1992 and has recently been reinstated by the Federal government. Iie further explained that the proposed Resolution is necessary to allow participation in the new program. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 94-14. RESOLUTION NO. 94-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA~ AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE AND TO PERMIT THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES IN LIEU OF QUALIFIED MORTGAGE BONDS. 34. Card Room Ordinance No. 975. (F:34.3) City Manager Molendyk explained that this Ordinance was presented to the City Council several months ago and at that time only the Fee Schedule was adopted. He further explained that the Council chose not to act on the portion of the Ordinance which presented the intent to allow for additional casinos. He advised that Councilman Dominguez asked that this item be brought back to the table for further discussion and consideration at this time. Mayor Washburn asked those persons interested in this item to speak. The following persons spoke: Will Buck, 29610 Hague, spoke in support of the Ordinance presented to Council in November. He explained that he had asked Councilman Dominguez to again, bring this issue before Council for consideration. Mr. Buck commented that Mayor Washburn had stated that if Mr. Buck could show approval at the qrass roots level the item could be reconsidered by the Council. He noted petitions in support of more card rooms and stated that he walked housing tracts to acquire the signatures. Mr. Buck stated that the limit on the number of card rooms was a major contributing factor to the deterioration of the existing cardroom and a large loss of tax revenue. He explained that it this item is to be placed on the ballot should readp 11should there be only one card room allowed in the community or no card rooms allowed in the community". Mr. Buck stated that the situation of a mini monopoly should be stopped and suggested that the community needs a first rate facility to improve the tax increment for police and fire as well as support for the maintenance of lighting and landscaping in the Community. Cheryl Gowdy, 15410 Grand Ave., spoke in support of more card rooms and stated that there should be no monopoly for any business and explained that free enterprise is what creates improvements in business. She stated that more casinos would create additional revenues and improve conditions for the existing casino by bringing in more customers. PAGE SI$ - CITY COIINCIL MINIITE3 - FESROARY 22s 1994 Tom Parks, 1204 W. Gardena Blvd., Gardena, representing the Diamond Resort Project spoke in favor of the increasing the number of casinos in the community, He stated that Gardena has had card rooms since 1938, and if the clubs had been a problem they would have been gone long ago. He noted that the issue of keeping the card rooms has appeared on ballots three times and the community voted, overwhelmingly to keep the cardrooms. Mr. Parks stated that he did not feel that the statement that ~~the community could only support one card room" was valid. He eaplained that competition is good for business and suggested that another casino would be an asset to the community both in employment and ~ax increment received by the City. Alan Baldwin, 16496 Laskn Street, spoke in support of more casinos because of the poten~ial increase in jobs which would be available to the citizens of the communitye He explained that the more business there is the more it will generate business. Mr. Baldwin stated that the City needs the jobs, tax base and improvements on Main Street. Ace Vallejos, 15231 Cobre Street, spoke in support of more casinos because he feels they will increase the income for the City to support the other on-going projects. Mayor Washburn then asked for a show of hands of those persons who support more card rooms> James Staples, Pastor of Lake Elsinore Baptist Church, 911 West Graham, expressed P~is opposition ~o more casinos. He commended the City on the Stadium and Cultural Center; and stated that he felt that more card rooms would create more harm than good for the community. Judy Weston, 20975 Claire Road, Perris, spoke in opposition to more card rooms and stated f.hat it would be the first thing that people would see as they enter the City and would not be a benefit. She stated that there is a need for a nice resort, which would benefit the youth as well as the rest of the community and casinos would not cio thato Leon Strigotte, 216 Chaney Street, thanked Councilwoman Cherveny for letting him know that the card room issue would be heard by Council again. He stated his opposition to more casinos in the community and stated that Council turned down an adult book store which would have created a considerable source of tax income and yet they are considering more casinos which have more crime potential. 1~Ir. Strigotte stated that he could not understand why Councifl would consider an industry which would bring other problems to the community. Iie indicated that the casino has always been a negative element in the community. He encouraged the Council to put the issue to a vote of the people of the City of Lake Elsinore and then put it to rest. The people of the community will decide. Gary Kelley, representing Saint Andrew Episcopal Church, ill Kellogg, encouraged the Council to place this issue on the ballot. Susan Yantorn, 15171 Wavecrest Drive, spoke in opposition to PAGE SEVEN - CITY COIINCIL MINIITES - FEBRUARY 22~ 1994 more card rooms. She stated that with the City's past experience with the card rooms and the mafia involvement which will occur, this should not be allowed. She stated that Lake Elsinore is finally getting a positive image and should not risk loosing it. Peggy Taylor, 567 Highlands Road, spoke in opposition to card rooms. She stated that the City needs more activities for the youth. She praised the City for the Stadium and the role models it will provide. She indicated that the City does not need the type of tourists that a casino will draw. Mrs. Taylor stated that there is a need for activities for the youth and explained that she had to go out oP town just to take her children to the movies and encouraged Council to address youth activities. Sue Bowen, 167 North Torn Ranch Road, spoke in opposition to more card rooms. She asked that Council place the issue on the ballot for the people to decide. She stated that the decision should not be made by five people, but rather the entire community. Lilly Arciaga, 30617 Champion Drive, stated that she is in favor of more casinos. She stated that there is a bad influence in movies, as well as in ball players. Roger Pollick, spoke in support of more casinos. He stated that he worries about the safety of his wife in the downtown area after dark, but has no concerns regarding her safety in the parking lot of the casino. He stated that there is good security at casinos, both here and in Nevada. The casino would provide security and clean up the downtown area. He stated that he can't understand why there is concern regarding crime when the downtown has more crime than the Casino has ever had. Rosa Pollick, spoke in support of the casinos and stated that as a Mother and Grandmother she does not see the immorality of a card room. Leonard O'Byrne, Camelot Properties, spoke in support of the casino and stated that the Casino is a good neighbor and hoped that the Council would qive the new owner of the Casino a chance to get on their feet and improve their business before taking action ~o allow additional casinos. Don Summers, 30713 Riverside Drive, spoke in support of more casinos. He noted that the existinq casino has been there for a long time and there is room for a new family oriented resort which would include a casino. Will Buck, 29610 Hague, stated that he contacted the Lake Crest Tract with his petition and explained that even with paint and new carpet the existing casino will still be a 50's motel and he felt that the community deserved a more modern facility. Mayor Washburn read the title of Ordinance No. 975 for the public and explained that this ordinance is not for a site specific and does not apply to any project. He stated that this would be the first reading of the ordinance. PAGE EIGHT - CITY COIINCIL MIN[JTES - FEBRUARY 22, 1994 Councilman Alongi stated that this is a difficult decision, and he explained that he will have to vote as his conscience leads him. He commented on the issues mentioneci by the audience. He noted that the majority of attractions such as ballfields, theaters, and recreation do not pay their own way and create a need for more tax revenue to support them. Mre Alongi explained that he is trying to do something good for the community and to assist in generating tax revenue dollars withou~ City assistance. He explained that the existing ordinance does not allow another card room in the community, and this ordinance would afford the Council the opportunity to look at another one. He stated that if the proposals are not of top quality and security is not adequate, then the project would not be acceptable. Mr. Alongi explained that people buy lottery tickets every week and bet on baseball games and that is qambling, but that is considered acceptable. He noted that as far as liquor is concerned, there is a lot of alcohol consumed at baseball gamesg and he questioned how many drunks drive away from football and baseball games. He stressed that it is the Council's responsibility to create ordinances to protect against violations, and supply the police to enforce those requirements. Councilman Alongi asked Mr. Regis or Mr. Kingston if they have requested to serve alcoholic beverages at their tables. They indicated they had not. He asked Mr. Buck if he knew the number of registered voters who signed the petition who live in the City. Mr. Buck explained that 92% of the persons he approached were in favor of more card rooms and the direction he received was to acquire signatures of residents of the City, not specifically registered voters. Mr. Buck explained that he had registered 75 people to vote while circulating his petition. The totaY number of signatures obtained was 1,957 City residents. Councilman Alongi asked Mra Parks how many dollars were generated to Public Safety in Gardena. Mr. Parks stated that it was approximately $5,000,000 a year, with two casinos in operation. Councilman Alongi commented on ~he population percentages and suggested that Las Vegas and Y,aughlin would not have the casinos they have if they went by population. He stated that the City is not looking at those type of casinos, but rather a card club. He addressed the proposed project on Main Street, and stated that it could be family oriented. He explained that just because someone likes a sport it does not make ~hem moral or immoral; just as if the rules are not followed for youth soccer, then it would not necessarily be morally wrong for the children. Mr. Alongi stated that anything can be made into a moral issue. Councilman Dominguez stated that there has been gambling in Lalce Elsinore since the 1930's and 40's. He explained that the only issue being addressed is the Ordinance and the existing ordinance allows only one card ROOM. He explained Y.he rules of gambling and how it applies to any prospective businesso &ie stressed that the proposed ordinance does not address any specific project. Councilwoman Cherveny stated her position and explained that PAGE NINE - CITY COIINCIL MINIITES - FEBRIIARY 22~ 1994 she has not been bought off on any project and gave an overview of the proposed ordinance. She stated that the ordinance will allow the City Council to decide the number of cardrooms which will be allowed in the City. She explained that the area of the ordinance that she would have a problem with is the part that sets the standards for parking, land and building requirements. Mrs. Cherveny explained that this ordinance cuts the existing standards in half and she questioned the minimum standard for square footage for restaurants. She indicated that it appears as though the ordinance was geared for a specific project and she feels that no ordinance should address any specific project. She explained that she feels that the ordinance should require that the building standards stay the same. Councilwoman Cherveny stated that there are 8,000 registered voters in the City and the number of signatures collected on the petition is only about 20~ of the reqistered voters. She explained that if the community really wants more card rooms, then the community should decide this issue. She stated that there are deep emotions, values and moral issues; and that is why she asked that Item No. 35 be added to the Agenda which would place this issue on the ballot to determine public opinion. Councilman Winkler stated that he has had numerous discussions with City Attorney Harper when this issue was presented to Council; and although the ordinance is not site specific, one of the entities who is in favor of this ordinance is a client of his law firm and he will not vote on this ordinance nor comment on it. He stated that he would support a ballot measure to allow the public to advise Council as to their opinion. He stated that he would prefer a November Ballot over a June Ballot since the deadline is March 11, and he felt that there was not enough time for the persons in favor and opposition to submit their opinions. Mayor Washburn stated that this is a difficult issue and he has spent a great deal.of time contacting people in support of the ordinance and opposed to the ordinance because the people are the community. He stated that this issue is important enough that he would support a ballot measure. Mr. Washburn stated that he did not want to tie the hands of the upcominq Council. He indicated that he pulled names from the petition at random and questioned those persons in regard to their opinions and presented his findings. MOVED BY DOMINGUEZ TO APPROVE ORDINANCE NO. 975 TO ALLOW MORE CARDROOMS. MOTION DIED FOR LACK OF A SECOND MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO APPROVE ORDINANCE 975 WITH THE FOLLOWING AMENDMENT: SECTION 5.28.050 SHALL PERTAIN ONLY TO THE HISTORICAL DOWNTOWN DEVELOPMENT AND FOR THE REST OF THE CITY THE CODE WOULD BE FROM THE PREVIOUS ORDINANCE WHICH WOULD READ 5 ACRES OF LAND REQUIRED, THE BUILDYNG TO BE 4800 SQUARE FEET, TOGETHER WITH A RESTAURANT FACILITY CONSISTING OF NOT LESS THAN 2,500 SQUARE FEET AND 30 TABLES ETC. Councilwoman Cherveny asked the City Attorney if it was legal PAGE TEN ~ CITY COUNCIL MIN[JTES ~ k'EBRUARY 22a 1994 to make an amendment on this ordinance. City Attorney stated that it is legal to amend the ordinance on the girst reading. Mayor Washburn then clarified the motion and stated tha~ Councilman Alongi wanted to add a neur section using the verbiage from the pervious ordinance to be applied to the City with the exception of f.he Historic Downtown Area which the proposed Section 5.28.050 would apply toe Councilman Alongi stated that he would also like to see an amendment to ~he ordinance assigning a portion of the tax revenue from all casinos to Public Safety including police and £ire. He stated that it might be in the ordinance, but he did not see it. Mayor Washburn stated that it is not in the ordinance and advised that he would not support that action. He explained that the revenue would be General Fund money and it is up to the Council at budget time to determine how to spend the money. Mayor Washburn asked the City Attorney if the verbiage regarding a portion of the tax revenue to be earmarked for public safety was included. City Attorney replied that it can be included, but it would be convoluted due to the fact that it is general fund money and this action would be making a pre-determination. He suggested that ~his action should be researched through the City Attorney°s officee Councilman Alongi stated that he would withdraw the amendment reqarding the tax revenue being dedicated to public safety so long as it is considered in the £uture after review by the City Attorney and brought to the Council for consideration. THE FOREGOING MOTION WAS APPROVED UPON THE FOLLOWING ROLL CALL VOTE: ORDINANCE NO. 975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDYNG CHAPTER 5.28 OF THE MUNICIPAL CODE REGARDING CARD ROOMS AND PROVIDING FOR RULES AND REGULATIONS CONCERNING EXISTYNG LYCEAYSESe AS'ES: COUNCILMEMBERS: ALONGI, DOMYNGUEZ, WASHBURN NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAYN: COUNCILMEMBERS: WINKLER 35. Ballot Measure - Card Room Licensina - Resolution No 94-15 (F:34.3) MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND FAILED BY A VOTE OF 2 TO 3 WITH CHERVENY, WINKLER AND WASHBURIS CASTING THE DISSENTING VOTES 'SO DENY RESOLUTYON NO. 94-Y5. MOVED BY CHERVENY TO APPROVE THE BALLOT MEASURE REGARDING CARD ROOM L%CENS%NGe WASHBURN SECONDED WYTIi THE AMENDMENT TO MOVE THE BALLOT MEASURE TO NOVEMBER. PAGE ELEVEN - CITY COIINCIL MINOTES - FEBRIIARY 22~ 1994 Councilwoman Cherveny stated that she does not want this issue to drag on until November and would like to see the issue resolved as soon as possible and stated that her motion will stand for June. Councilman Winkler asked if the Mayor Washburn concurred as second. Mayor Washburn stated that he would concur. MOVED BY CHERVENY, SECONDED BY WASIiBURN TO APPROVE THE BALLOT MEASURE REGARDING CARD ROOM LICENSING, RESOLUTION NO. 94-15~ FOR THE JUNE ELECTION. Mayor Washburn then asked for those persons interested in this item to speak. Will Buck, 29610 Haque, stated that he felt it was not fair to have an exclusive situation in regard to only allowing one casino. He explained that the ballot measure question should read: Is the City to continue to have a card room and continue gambling in the community. Mr. Buck stated that the issue would be card rooms in general and not one card room on the ballot. Leon Strigotte, 216 Chaney Street, concurred with Mr. Buck regarding the wording on the ballot asking the citizens if there is going to be gamblinq in the community. He stated that since there is a pre-existing business and the investment has been made, the business should be honored. Mr. Strigotte explained that it is not unusual to have only one of a type of business in the community, such as trash collection or Cable t.v.. Gary Kelley, stated that his church had discussed the issue of the existing casino and explained that they are not opposed to the existing cardroom, but they did feel that the voters of the City should be the ones to decide the future of the City regarding more card rooms. Mayor Washburn explained Resolution No. 94-15 and stated that it would be an advisor.y vote from the citizens of the City. Mayor Washburn asked if the City is allowed to limit the threshold of licenses based on the population and if that is based on a State Law. Councilman Dominguez stated that the number of licenses can be set by population. Councilwoman Cherveny explained that one other city does set by population. Councilman Dominguez commented that there were 1,957 signatures on the petition circulated by Mr. Buclc; and that number is more, in some instances, than the number of persons who voted in previous elections. Mayor Washburn asked wfio had prepared the resolution. City Clerk Kasad stated that she had prepared the resolution based upon direction from Councilwoman Cherveny and the State Code format for setting a ballot measure. PAGE TWELVE - CITY COUNGIL MINITTES - FEBRUARY 22e 1995 Councilwoman Cherveny asked if City Attorney Harper had beera consulted. City Clerk stated ~hat he had reviewed the resolution. Mayor Washburn asked if the questsons in the resolution were appropriate for the ballot. City Clerk Kasad stated that City Attorney Harper had reviewed and approved the resolution. Mayor Wasfiburn asked if City Attorney Harper felt that ~he questions were appropriate. City Clerk Kasad stated that he did. Councilman Alongi stated that the issue should not be decided by population. He cited the Indian Reservation which does not have the population, but draws from the public and has a successful card room. He explained that the population should not restrict the number of licenses. He further explained Y.hat the Councilmembers are elected officials and were elected ~o the Council to make decisions. He cited the decisions made regarding the Stadium and Lake and the fact that these issues were not taken to the voters. He stated that he felt that Council should make the decisions and get on with ite Councilwoman Cherveny stated that she had no problem amending the motion to delete the percentage of population question from the resolution. Mayor Washburn concurred as second to the motion. Z'HE FOREGOING MOTION WAS APPROVED BY A VOTE OF 3 TO 2 WITH DOM%NGUEZ AND ALONGI CASTING THE DISSENTING VOTES L+7ITH THE }+.MENDMENT TO DELETE THE QUESTION INVOLVING PERCENTAGE OF POPULATION. RESOLUTION NO. 94-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIP., CALLING AND GIV%NG NOTICE OE THE HOLDING OF' Pe SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 7' 1994, FOR SUBMISSION TO THE QUALIF%ED ELECTORS OF SAID CYTY A PROPOSED MEASURE RELATING TO THE ALLOWANCE FOR ADDITIONAL CARD ROOMS IN THE CITY, AND REQUESTING THAT THIS SPECYAL ELECTION BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION AND THE GENERAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 1994. Councilman Winkler noted that in the Council report there was mention of Pro and Con arguments being placed on the ballot. He asked how a citizens group be organized for that issue. City Clerk Kasad explained that in the ballot packet there is an analysis by the City Attorney as well as a pro argument and a con argument if submitted. She stated that she was not sure how the authors are selected, but the City Attorney miqht know. She asked the City Attorney how would the persons be selected who would write the pro and con arguments. Acting City Attorney I~lon~gomery explainecl tfiat the City Attorney earites the impartial analysis and on the pro and con, one Councilmember writes the pro and another Councilmember who opposes can write the Con. PAGE THIRTEEN - CITY COONCIL MINIITES - FEBRIIARY 22~ 1994 Leon Strigotte, asked if the Registrar of Voters is paid by a committee, can a position paper be placed on the ballote Mayor Washburn asked the City Clerk to check with the Registrar of Voters and qet back to Council with the information. 36. Lake Elsinore/Water Qualitv Treatment. (F:92.1) City Manager Molendyk noted that after the City took ownership of the Lake on July 1, 1993, the City began an investment in an algae program to improve the water quality. He explained that on January 6, 1994, the City held a Study Session and heard five proposals, ranging from $645,000 to $5,600,000 and at the time of the Study Session, none of the vendors would give a guarantee for their application. He further explained that as a result of that meeting and the concerns of Council, Manager of Special Projects Watenpaugh did a reevaluation of the proposals and is presenting a proposed program. Mr. Molendyk explained that the reason that Mr. Watenpaugh was bringing this to Council at this time, is that the treatment should begin now to allow the program to be effective by April for recreational purposes. City Manager Molendyk explained that the first recommendation is a full-time staff person and part-time staff, equipment, supplies, products and consultant in the amount of $276,400, for maintenance and treatment of the Lake; the second recommendation is a full-time staff position and part-time workers with supplies, equipment and product in the amount of $146,857, for maintenance of the greenbelt area, bathrooms and shore line with no treatment at all; and the third recommendation is to do nothing until the LEMA recommendation can be funded. City Manager Molendyk explained that it has been suggested by some Councilmembers that the City reevaluate the options and possibly set a Joint Study Session with the Elsinore Valley Municipal Water District, or Council hold a Work Shop, inviting members from the Water District. He explained that there are different interpretations by Council regarding the responsibility of the Water District for water quality. Mr. Molendyk explained that if Council chooses to act on this issue tonight then staff could act immediately on the Lake or Council can set a Work Shop to further clarify the issue with the Water District and this item can be continued. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO CONTINUE LAKE ELSINORE WATER QUALITY TREATMENT TO A WORKSHOP BETWEEN THE CITY STAFF, COUNCIL, THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT STAFF AND TAEIR BOARD, SO ALL MEMBERS CONCERNED CAN DISCUSS THE ISSUE AND DECIDE WHAT SHOULD BE DONE. Councilman Alongi stated that he would second the motion, to include County Supervisor Bob Buster, since the water quality of the Lake will be enjoyed by the residents on the County side and the charge for the use of the Lake will be affected by this decision. Councilman Dominguez stated that he does not feel that it is necessary to include County Supervisor Buster since it is the Water District that is involved in the water quality and if PAGE FOURTEEN - CITY COUNCIL MINIITES - FEBRUARY 22~ 1994 County Supervisor Buster wishes to attend, it is an open meeting; but as far as the meeting is concerned it should be the City and the Water District. Mayor Washburn asked Councilman Alongi if his second still stood. Councilman Along stated that it did. Councilman Winkler asked if it would be a joint meeting or a City meetinge Councilman Dominguez stated that the meeting should be between the City Staff and Water District Staff and both boards. City Manager Molendyk asked for clarification regarding the proposed meeting. He suggested that although it was the City Staff and the Water District Staff who would arrange for the meeting, it would be a workshop for the elected officials. Mayor Washburn stated that ~his was correct. Councilwoman Cherveny asked if the City had the latest up-date Erom LEMA. Mayor Washburn stated that there were minutes from a Water Boarcl meeting regarding the latest discussions by LEMA which was received approximately three weeks ago. He asked that staff provide the minutes of that meeting as well as a copy of the agreement with the Water District and the City referencing the Lake. fl~Iayor Washburn stated that he would like to see the meeting occur w~thin the next two weeks if possible. Dr. Sutton, Consultant for the Lalce, noted that there are less funds then last year and he cautioned the City Council to not loose site of the Lakee He explained that if the Lake is iqnored fish will die and the Lake will smell. He stated that odor is one of humankind°s direct senses and what someone smells will cause a reaction. Iie explained that the odor of the Lake last summer was pervasive and permeated everythinge He stated that if nothing is done the City will be back to square onee Dr. Sutton recommended treatment and encouraged Council to authorize the first recommendation of ~he report. %3e gave an overview of the past summer and what micro- organisms did for the Lakeg and explained how complex the problems of the water quality of the lake are. City Manager Molendy]c indicated that Council should make note of the fact that Dr. Sutton felt strongly enough about this issue to attend the Council Meeting on his own time. Mr. Jones, Jones and Grubb Yne, stated that he agreed with Dr. Sutton°s comments and commended Council in regard to the development of the City. FIe urged the City Council to address treatment of the Lake as soon as possible to avoid major problems this summero Mr. Olson, Ramco, explained that his company is in favor of the restoration of water and stated that the original bid from his company was based on time constraints and he stated that he felt that there was no way that the City will have the Lake ready by Aprile He gave an overview of the requirements needed by the City to address the water quality problems of ~he Lalce and asked that Council allow a Study Session to give his company an opportunity to inform Council. PAGE FIFTEEN - CITY COIINCIL MIN[JTES - FEBRIIARY 22~ 1994 Mr. Howard Fuller, 2001 E. Flamingo Road, Las Vegas, stated that he agreed with Dr. Sutton and asked that Council consider the complexity of the solutions which will be needed to improve the water quality of the Lake. He emphasized the fact that the Lake needs proper water quality management. Sheri Kelly, Ramco, stated that she felt that the Lake does have a terrible problem and felt that her company could provide a solution to improve the quality of the water in Lake Elsinore. She stated that she feels that the City does qualify for Federal Grants and she encouraged the City to allow her company to address the Lake. Dr. Carl Eurlick, Ramco, gave his background and e~cplained the aging process of the Lake and the results from that aging. He encouraqed the Council to consider his company and the type of treatment they can provide. Mayor Washburn explained that the Council is aware that the Lake is like having a swimming pool in their b~,ck yard and they are aware that they cannot ignore it. He stated that it has always been the intent of Council to address the problems and decide on the solutions. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Katherine Beck, 381 Avenue 12, expressed concern with traffic on Avenue 12 and an adjacent vacant lot. She requested consideration of a barricade on the vacant lot either by the City or the land owner. She explained that traffic is technically driving over a sidewalk and a curb in this location. Mayor Washburn referred Ms. Beck to the City Manaqer and Councilman Winkler requested a memo to Council regarding resolution of this concern. Peter Dawson, 18010 Grand Avenue, commented on the discussions this evening regarding the Lake Water Quality and noted that in 1991 the dead fish which surfaced were buried under the shoreline, which is now under water. He noted the possible impact of this situation on the ongoing water quality situation. He suggested that it might be appropriate to have them removed. As a Southshore Homeowner, he commented that the residents are still awaiting an answer on lake access issues. He noted that it is nearly March and questioned whether annual passes would be pro-rated. Joy Porthunder, noted that this meeting has been a good one, but again requested that Councilman Alongi resign from the Council and suggested that Councilwoman Cherveny should also resign. CITY MANAGER COMMENT3 Noneo CITY COIINCIL COMMENTS Deferred to Redevelopment Agency Meeting. CLOSED SESSION None. PAGE SI%TEEN - CITY COUNCIL MINUTES e FEBRIIARY 22~ Y994 THE CITY COUNCIL MEETING WAS CLERK CITY Oi~ i,AKE ELSTNORE 9:30 P.M. ~~% ~~~~~~U`----- WASHBURN, MAYOR LAKE ELSINORE