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HomeMy WebLinkAbout03-08-1994 City Council MinutesMINQTES REGOLAR CITY COIINCIL MEETING CITY OF LARE ELSINORE 183 N. MAIN STREET LARE ELSINORE~ CALIFORNIA TUESDAY~ MARCH 8~ 1994 *,k**,e*t****r******tt*******************************,k,k,k**,k*,k,k,k***t CALL TO ORDER The Regular City Council Meeting was called to order by Student Government Day Mayor Anastacio Del Real at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Student Mayor Del Real. ROLL CALL PRESENT: STUDENT COUNCILMEMBERS: NICOLE FERRERA, KIM FOX, ELAINE RODARME, ANASTACIO DEL RIO PRESENTATIONS/CEREMONIALS A. Students in Government Day Report. (F:142.3) Student Mayor Del Real thanked the City Council and staff for the opportunity to participate in the Student Government Day activities. He noted that he had learned about City position responsibilities, City projects, new developments and had a tour of the Stadium. Student Councilmember Rodarme detailed her experience with the Student Government Day event. City Manager Molendyk explained that approximately 100 students from Elsinore High School and Temescal Canyon High School were in attendance at City hall for the Student Government Day. He explained that they participated and had explanations of job responsibilities from City Representatives. He further explained that a tour of the Stadium was provided, followed by a lunch with the Project Manager for the Stadium explaining Minor League Baseball; followed by a Mock City Council Meeting to address recent State Budget Impacts on Citieso Student Councilmember Ferrera commented on the Mock Council Meeting and detailed discussions concerning the State Budget Ympacts on the City of Lake Elsinore. She stressed the importance of cities being more aqgressive in finding ways to supplement the declining revenues. She further stressed the importance of making the City more self sufficient. Student Councilmember Fox commented on the need for competition and additional businesses in the City, and noted that the national economy also impacts cities. Student Councilmember Ferrera noted the importance of making up for the lost revenues to allow for more fire stations or police officers. City Manaqer Molendyk commented on the discussion at the Mock Council Meeting and noted that most cities do not lean toward PAGE TWO -[YZT7C COUNCIY, MINfJTE~ - MARCH S~ 1994 levying new taxes. He further commented that the students had done a good job and thanked flaem £or their participation. Student Councilmember Ferrera indicated that she has participated in Student Government Day for the last four years and the program has gotten better every yeare She thanked City Manager Molendyk and Assistant City Manager Rogers for ~heir efforts for this program. Student Mayor Del Real thanked Mayor Washburn for his participation. Student Councilmember Fox extended thanks to the City an behalf of the other students raho participated in the day's activitiese THE CYTY COUNCIL ASSUMED THEIR SEATS AT 7:10 P.M. Mayor i~lashburn noted the participation in Student Government Day by both high schools and commended the students for theix active participation in the City operationse ROLL C~ALI, PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLERB WASIiBURN ABSENTs COUNCILMEMBERS: 1~IONE Also present weree City 1Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslieo Commuraity Services Director Sapp, Public Services Director Teccaa Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. B. Proclamation - (F:122. Mayor Washburn read and presented the proclamation to Bobby Wildeye Ce Introduction of Miss I,ake Elsinore - Racfiel Bentlev. (F:108.4) Mayor Wasfiburn noted the recent Miss Lake Elsinore Pagteant and thanked Aggie Goodacre for her worlc on this event. He introduced Miss Lake Elsinore Rachel Bentley and First Runner- up Lisa Reed, and noted that the other runner-up was not able to attenclo FIe explained the responsibility of Miss Lake Elsinore to serve as an ambassador for the Community. die commented that Miss Bentley is a student at Cal State Eullerton ancl a cheerleader, as well as a long time City residento IMiss ~entley thanke~ the City for this honor and commented that she is a life long resident of the Community and looks forward to representing the Community. D. Presentation - Citv of Lake Elsinore Employees - Library Donation. (F:98.1)(XeY16.1) John De Gange, Associate PTanner, accompanied by Teresa Smith PAGE THREE - CITY COIINCIL MYNQTES - MARCH 8~ 1994 and Susan Reid, spoke on behalf of the City of Lake Elsinore Employees and explained the Christmas fund raising efforts. He noted that 20 families were provided Christmas Dinner and gifts. He explained that there was a remaining $400 dollars which was being donated to the Lake Elsinore Library and presented the check to Laura Mae Leach, Librarian. Ms. Leach advised that this donation would be used to purchase approximately 25 books on audio tape for sight impaired children. She thanked the employees for the contribution. E. Presentation - Diamond Award - Storm Watch 1993. (F:170.5) Mayor Washburn noted the storms of last winter and the 13 hour ~'Storm Watch 1993" program which resulted. Tom Thomas, General Manager of King Videocable, commented that the Storm Watch program was a quick idea which involved approximately 13 hours of live telecast and nearly 30 hours of replays. He advised that the program was entered in a contest for local programming and out of 250 entries the "Storm Watch 1993" program was chosen for one of 23 awards. He noted that it was exciting to watch other local programming and see that King Video programming is as good or better than most. He thanked the local subscribers, the City of Lake Elsinore and its staff for their assistance. F. Presentation - Update on Theater Project. (F:134.10) I,eonard O'Byrne, President, Camelot Properties, detailed his overall project with K-Mart being phase 1 and the theater and related buildings being phase 2. He explained that the theater will consist of eight screens with two being larger screens, and be programmed by Kirkorian Premier Theaters. He noted that the approval process began approximately one year ago and he will be looking for a building permit on approximately April 1. He advised that construction will take approximately 90 to 100 days and open in late June or early July of this year. He thanked the City staff for working with them to complete the approval process and thanked Mr. Lowe of 3 B's construction for providing fill dirt needed on the project. G. Report on Outflow Channel - James Lowe. (F:92.1) James Lowe, 3 B's Construction, provided an update on street closures for the next month and noted upcoming changes in the detours. He also noted that the last rain storms impacted the project to some extent, but they are still pleased with the progress to date. PUBLIC COMMENTS - AGENDZZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 18, 31 and 32. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: PAGE FOUR - CITY COIINCIL MYNtTTES - MARCH 8~ 1994 Stem Nose 80 9 and 18, MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:44.4) a. City Council Study Session - February 15, 1994. b. Special Joint City Council/Redevelopment Agency Meeting - February 15, 1994e c, Regular City Council Meeting - February 22, 1994e The following Minutes were received and ordered filed: (F:60.3) d. Planning Commission Minutes ° February 16, 1994. 2. Received and ordered filed the Ynvestment Report for January, 1994. (F:12.5) 3. Ratified Warrant List fox February 28, 1994. (F:12.3) 4e Rejected and Referred to Claims Administrator for handing the Claim Against the City submitted by Bruce Love (CL ~94-3)e (F:52.2) 5. Awarded Contract to Northwest Mosquito Abatement District for $27,720 to provide surveillance and control of all vectors in the City for 1994. Approved transfer of funds from the General Eund Reserves to an expenditure account to pay for this contract. (F:161.1) 6, Authorized the Administrative Services Director to solicit proposal for Audit Services for all City Agencies for a period o~ up to ~our years. (F:a4.i~~x:ia.i) 7. Awarded Contract for Curb, Gutter, Sidewalk & Pedestrian Ramp Replacement Program to Lambaren Contractors, Ync., in the amount of $63,142.00. (F:146.1) 10o Approved Cost Recovery for Abatement of Lot on Lincoln/Machado and authorized placement of a special lien against the property in the amount of $440.62. (F:32.4) li. Approved Cost Recovery for Nuisance Abatement of Lots on Main Street (formerly 501/503 North Main Street) and authorized placement of a special lien against the property in the amount of $877.74. (F:32.4) 12o Approved Cost Recovery for Nuisance Abatement of 30085 Mc~urney Avenue and authorized placement of a special lien against the property in the amount of $393.66. (F:32.4) 13. Approved Cost Recovery for Nuisance Abatement of 108 North Lewis Street and authorized placement of a special lien against the property in the amount of $986.76. (F;32.4) 14. Approved Cost Recovery for Nuisance Abatement of 218 N. Chestnu~ Street and authorized the placement of a special lien against the property in the amount f$319.38. (F:32.4) 15. Approved Cost Recovery for Nuisance Abatement of 67 Elm Street EAGE FIVE - CITY COQNCIL MINIITES - MARCH Ss Y994 and authorized the placement of a special lien against the property in the amount of $1,743.66. (F:32.4) 16. Adopted Resolution No. 94-16 concerning the Declaration of Weeds, Rubbish, Refuse and Dirt as a Nuisance and Ordering Abatement Notices sent to Property Owners. (F:166.1) RESOLUTION NO. 94-16 A RESOLUTION OF THE CITY OF LAKE ELSINORE~ CALIFORNIA~ DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERSe 17. Accepted Right-of-Way for Roadway and Utility Purposes - 810 Pottery Street. (F:132.1) ITEMS PULLED FROM CONSENT CALENDAR 8. 9. . (F:156.2) Councilman Alongi indicated that he would like to combine discussion on these two items. He expressed concern with the "deteriorated" condition of the pavement. Public Services Director Tecca explained that when this project was first designed, the areas which showed "checkering" were addressed. He noted that more areas were found as the work was being done and that is the reason for the Change Order. He further explained that with the increased traffic of the detour, more pavement failures are occurring. He advised that he would anticipate requestinq funds to resurface this street fully in the next budget process after the detour. Councilman Alongi questioned this condition after spending nearly $100,000 already. Mr. Tecca clarified that the road was not replacecl, it was only widened. Councilman Alongi indicated that for $100,000 this should have been a new road. He further questioned the costs for moving water meters and laterals and whether they were in the public right-of-way or on private property. Mr. Tecca indicated that they were laterals exposed by the widening work. He requested clarification that it was not for deterioration. Mr. Tecca clarified that it was not. Mayor Washburn inquired whether any of these funds would come back to the City from the Outflow Channel Project. City Manager Molendyk indicated that a small amount would come back for the detour, however most of this funding came from the Lincoln/Machado Traffic Signal account because the R.T.C. is to fund that on July Y. PAGE SIX - CITY COIINCIL MINIITES - MARCH 8, 1994 Councilwoman Cherveny inquired whether funds would be available to resurface Chaney Street when Riverside Drive is xeopened. Mr. Tecca indicated that the current budget has been expended through June 30th. He further indicated that he will be requesting the funds in the next Capital Improvement Budget Yearo MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE ITEMS 8 AND 9 AS FOLLOWS: YTEM #$ - APPROVED CHANGE ORDER NOo 1 FOR THE CHANEY STREET/LAKESHORE DRIVE INTERSECTION WIDENING PROJECT; AND ITEM ~9 - ACCEPTED NOTICE OF COMPLETION FOR CHANEY STREET/LAKESHORE DRIVE INTERSECTION WIDENING PROJECT. 18. Set Public Hearina Date of March 22. 1994 for the followincL, a. (F:83.2)(X:172.2) Mayor Washburn noted that he had a number of requests to address this item and invited those interested to speak. The following people spoke: Katherine I+Iartinez, 28857 Robb Road, supported commercial development at this location. Chris Hyland, 15191 Wavecrest Drive, expressed concern that the land developer has spend millions of dollars on this site only ~.o be turned down by the City. She suqgested that developers might be hesitant to consider developing in Lake Elsinore. Ray ICnight, 16504 Mango Way, indicated that the hearing date should be established as proposed. Stanley Stofleo spoke in support of the existing zoning for this property and the proposed shopping center. James Boehm, 33170 Zeller, supported commercial zoning for this site and expressed concern that another City might gain the business. Jack McColley, 29072 Palm View, urged the Council to proceed with setting the public hearing. FYe noteci ~hat two commercial projects have been denied by Council to date and this is an attempt at proper zoning. Kammy Vermillion, 15017 Notnil Way, supported a shopping center at this location as well as the current zoning. John Vermillion, 15017 Notnil Way, supported the proposed cYevelopment ~or this site and stressed the need for a shopping center in this location. He furtkaer stressed the adage that B'business makes business'o. Gary Barker, 15014 Notnil Way, supported development of this site as planned. Cleo Stofle, resident of Forest View, expressed support for a sfioppinq center at this location. She indicated that the existinq market is too small and dirty. She stressed that PAGE SEVEN - CITY COUNCIL MINIITES - MARCH 8~ 1994 more homes are not needed, a shopping center is. Barbara Romano, 15004 Vista View, spoke in support of a shopping center at this location. She noted that these discussions have gone on for a long time and the developer should be allowed to proceed. YCim Boehm, 33170 Zellar Street, appealed to the Council's sense of business. She thanked Councilmembers Cherveny and Alongi for their support of growth and development in this area. She requested continued support on this issue. She supported the existing zoning. Joe Garcia, 29066 Tangerine, suqgested that this zone change be tabled. He noted recent foreclosures on homes in the area and stressed the need for a shopping center in this area. Marc Manason, representing Komerica, noted that there appears to be an opportunity to work out the concerns on the project with ~he resident. He detailed proposed changes ancl suggested that if this zone chanqe is pursued Komerica would be forced to file litiqation. He suggested that the money involved should be used to develop the property rather than pursue litigation. MOVED BY WINKLER, SECONDED BY WASHBURN TO SET THE PUBLIC HEARING DATE OF MARCH 22, 1994, FOR GENERAL PLAN AMENDMENT (GPA 94-2) AND ZONE CHANGE (ZC 94-1). MOVED BY ALONGI, SECONDED BY CHERVENY A SUBSIDIARY MOTION TO ABANDON GENERAL PLAN AMENDMENT 94-2 AND ZONE CHANGE 94-1 AND THE RELATED PUBLIC HEARING. Mayor Washburn noted prior discussions on this matter which have occurred for a number of years. He noted that the appropriate time for this discussion would be the public hearing as there is always room for compromise. THE FOREGOING SUBSIDIARY MOTION CARRIED BY A VOTE OF 3 TO 2 WITH WASHBURN AND WINKLER CASTING THE DYSSENTING VOTES. PUBLIC HEARING3 21. No. 976. (F:34.1) City Attorney Harper explained the statutory requirements for this type of action and advised that this ordinance will continue the moratorium. He noted that a new ordinance has been drafted, is being reviewed and should be coming before the City Council in the next 30 days. Mayor Washburn opened the public hearing at 7:56 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:57 p.m. MOVED BY CHERVENY, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 976. ORDINANCE NOe 976 AN URGENCY INTERIM ORDINANCE OF THE CITY OF LAKE ELSINORE, PAGE EIGHT - CITY COIINCIL M%NYTTES ~ MARC~ 8a g994 CALYFORNYA, EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM ON ADULT BUSINESS USES PENDING A CONTEMPLATED ZONING STUDY. UPON THE FOLLOWYNG ROLL CALL VO AYES: COUNCILMEMBERSe NOES: COUNCILMEMBERS: ABSENTe COUNCILMEMBERS: ABSTAYNR COUNCILMEMBERS9 BOSINES~ YTEM~ 31. Second Readina - Ordinance (F:34.3) Mayor Washburn asked those this issue to come forward TE: ALONGI~ CHERVENY, DOMINGUEZ, WYNKLER, WASHBURIS NONE AIONE NONE No. 975 - Relating to Card Rooms. persons who requested to speak on as followso Cheryl Gowdy, 15410 Grand Ave., stated that at the first reading several people spoke in opposition to the Ordinance and she asked if they had a clear understanding of what the requested change would accomplish. She stated that she heard several opinions in regard to gambling and the risk involved. Mrs. Gowdy stated that she wished to point out that qambling is not the issue, since the City of Lake Elsinore already has a Casino and has had a long history of gambling establishments in the City. She explained that she did not hear a single issue brough~ up with problems created by the existing Casinoe She quoted the students who spoke this evening ~~business creates business10. She explained that she felt that the necer proposed developments bring an opportunity for a great increase in local business as well as considerable new revenue. She commented on the advisory vote and commended the Council for their willingness to place it before the public to give their opinion and asked that the Council put the advisory vote in proper perspective. Everett Manfredi, 30713 Riverside Drive, stated that he is in favor of the Ordinance. Barbara Romano, 15004 Vista View, spoke in favor of the Ordinance. James Gowciy, 15410 Grand Avenue, spoke in favor of the Ordinance and stated that the proposed project would be a full resort and f.he card room would be only a small part of the resort. He stated that he felt that the card rooms would not be a danger to the community. Joyce Smith, 4145 Crestview Drive, spoke in opposition to the Ordinance and commended the Council for the progress they have made in the City. She explained that she felt that card rooms would be a de~riment and ~hat ~he City should be cautious of the type of businesses brought to the community. She stated that she would not like to see Lake Elsinore become a Gardena ar a Bell Gardens. Phyllis Schultz, 4104 Crestview Drive, spoke in opposition to the Ordinance. She explained that she feels that the card PAGE NINE - CITY COIINCIL MINLTTES - MARCH 8~ 1994 room is in conflict with the type of growth encouraged in the City. Linda Keeney, 4000 Crestview Drive, spoke in opposition to the Ordinance and stated she felt that the City is trying to promote a community of young families. She explained that she felt one more card room will not make the City a Gardena or Bell Gardens, but it leans in that direction. She stated that the income created by a card room is good, but she asked if it was really worth it. Leon Strigotte, 216 Chaney, spoke in opposition to the Ordinance and stated that this is not a discussion of one card room, but will just open up the door for more. He stressed that this is just the beginning. He recommended that this Ordinance be placed on hold until after the advisory vote to make the final decision. He stated that if every dollar that was acquired by the Government through gambling were placed in normal business or in personal savings, then the government would profit from it. He explained that in legalized gambling everyone looses. Will Buck, 29610 Hague, stated that he had received another 228 signatures in support of more casinos. He detailed the areas he had circulated. Ae stated that the City cannot depend on businesses alone and explained that he felt the area was a resort-recreational area and would create a steady tax base to provide for the residents of the City. He explained that the client he represents wishes to use the natural resources of the area to improve the quality of Lake Elsinore and bring financial security. Tom Parks, 1204 West Gardena B1vd., Gardena, consultant for the Diamond Resort Project, spoke in favor of the Ordinance and explained the project and its benefits. He commented on the benefits that the card rooms have created in the City of Gardena. He stated that the number of crimes occurring in Gardena in comparison to other cities of similar population, are less, Don Summers, 30713 Riverside Drive, spoke in favor of the Ordinance and stated that if the Ordinance is passed, the proposed resort and card room will be brought before the City for consideration and the public will have the opportunity to judge for themselves they type of enterprise proposed and what it will look like and do for the community. He stated that at the proposed Diamond Resort would be a profit sharing enterprise, therefore all the employees would own a part of the business and the quality would reflect this fact. Bill Morran, 939 Barbara Way, spoke in favor of the Ordinance and stated that he would like to see the resort project developed in the Downtown area. He stated that this would encourage business in the Downtown Area. Linda Nabonne, 3393 Apple Blossom Lane, spoke in opposition to the Ordinance and stated that she had called the Mayor of Gardena and the only statement he could make in support of the casinos was the increased revenue, the disadvantage is the fact that the casinos tend to get involved in politics and PAGE TEN - CITY COIINCIL MINIITES - MARC$ 8~ 1994 back the pro-casino persons; and they draw an unwanted element such as prostitution and drugs to the area. He ~old her that there would be a need for an increased number of police to patrol the areao She explained that the crime rate qoes up around the casinoso She stated her opposition to drinks at the gaming tables because making it convenient to drink, makes it convenient to drink and driveo Lilia Arciaga, 159-B North Main Street, spoke in favor of the Ordinance and stated that the resort was welcome to provide a class fiotel. George Block, 32943 Blackwell Blvd., spoke in gavor of the Ordinance and stated ~hat he plays cards and he stated that he is not a bad person. ~e stated that he has played cards both in Lake Elsinore and in Gardena for the last 16 years and he has seen no prostitution nor auto theft. Juanita Musit~i, 20225 Grand Ave., spoke in support of the Ordinance and stated that she felt that a casino resort would be an asset ~o the City and promote proper xecreational growtho N[ayor Washburn reminded Council that this is an Ordinance and it is the second reading and will require a roll call vote. F%e asked City Attorney Harper, since Mr. Winkler abstained on the first reading and will on the second reading, if two are in favor and two abstain would that kill the second reading. City Attorney Harper confirmed that all ordinances require three positive votes, Mayor Washburn stated that he has received a lot of calls regarding ~his issue and Mrs. Cherveny stated in the newspapers that he was vacillating. He responded that he did not feel this was a done deal and he felt his issue should take considerable review and consideration. He stated that he £eels that the public deserves a say in an issue this big, and stated that he feels in spite of the opinion of his friends he must vote as he feels is correct. He explained that since this issue will appear on the June ballot, the final decision on this Ordinance should be made at that time. MOVED BY WASHBURN, SECONDED BY CHERVENY AND FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH ALONGI AND DOMINGUEZ CASTING THE DISSENTING VOTES AND W%NKLER ABSTAYNYNG TO TABLE THIS ORDYNANCE UNTIL THE LAST I+IEETING IN JULY, MOVED ~Y ALONGI, SECONDED BY DOMINGUEZ TO APPROVE SECOND READING OF ORDINANCE NO. 975. Councilman Alongi stated that there have been a few comments made that call for an answer. He explained that the vote ora the ballot will be an advisory vote and he feels with the number of signatures on the petitions presented that additional card rooms is the will of the people. He stated that he did not see any other person present a petition ira opposition to the casino. He stated that Mrs. Arciaga stated that there should be no alcohol at the tables, and he explained that if there were no alcohol sold at a ball field, then there would be no ball field, so he felt that the control PAGE ELEVEN - CITY COiTNCIL MINIITES - MARCH Ss 1994 should be charged to those persons running that business. Mr. Alonqi stated that to say that casinos are undesirable is an insulting remark, because there are a lot of citizens who consider gambling a sport. The same opinion could be applied to the lottery, as well as bingo. He explained that if the discussion is about depriving families of money, then bingo and the lottery directly take money from the pockets of the family, but the gambling places, such as card rooms do not. He explained that they take a small portion for the use of the table, they do not take the money from the player themselvesa He stressed this is a different type of situation. Mr. Alonqi stated that if family orientation toward recreation, all types of recreation should be included and not just those that certain persons feel they would like to have. He explained that he would be elated if there was another way to raise the revenues that the City needs. He stressed that the community needs to realize that to supply the recreation you want for the children it creates a loss in revenue. He explained facilities such as the ball field and the theater do not generate revenue to pay for themselves and may never support themselves completely. He stated that these types of facilities do bring other entities into the community which will off-set the costs generated. He stated that if he were investing $20,000,000 he would not let anything stand in the way of recovering that investment and to say that card rooms arbitrarily bring car theft, prostitution, abused children or any other type of crime is wrong. He asked Mr. Regis how many cars had been stolen from the existing Casino since he took over. Mr. Regis stated that only a car that was left running with the keys in it was stolen since his firm took over the Casino. Councilman Alongi stated that there is no incidence of mugging in the parking lot of the casino because they provide their own security. He explained that he was not being facetious in regard to the vote of Council. He stated that the public was not asked about the development of the ball field nor was the public asked in regard to the expenditure for the theater. He further explained that the public was not asked in regard to the sewers that were placed in an area that doesn't contribute to the RDA. He stated that he drew his conclusion.that the acivisory vote was unnecessary because none of the other things were taken to the people for vote. He pointed out that the Lake Plan was not taken to the people for a vote either. Councilman Alongi stated that as the elected officials the Council is to make the decisions and vote on them. He explained that this Council has the history of voting for the minority and not the majority. Councilwoman Cherveny stated that she wanted to make one comment, in response to Mr. Alongi's remarks concerning any Councilmember. She stated that she doubted that any Councilmember would be so brazen as to not go along with the majority of the voting public. She stated that she appreciated the efforts that Mr. Buck has gone to in collecting the signatures and hopefully those people will show support at the polls in June and will vote this in and they will only be lookinq at a couple of months delay. She explained that she strongly believes that the people have the opportunity and the riqht to express their opinions on this. She advised that she will take very seriously the outcome of that vote. PAGE TWELVE - CITY COIINCIL MINLTTES - ASARCH 8~ 1994 Councilman Dominguez clarified fhat he was the one that had this ordinance brouqht up and the reason was not for the casino, but rather that there is a local business and that owner wants to improve his business. He e~lained that in order to build a new hotel and resor~ area, his customers would like to play cardso Mr. Dominguez explained that to legally play cards, even in a recreation room the person must have a license and the only license available is a casino license. He explained that ~he main business would be the sulphur water and tha~ would be his main business. Historically this was big business in Lake Elsinore, and now this is the only business that wishes to take advantage of the water. Mayor Washburn stated that this is the second reading of Ordinance 975 and advised that the chair would only accept one pass. ORDINANCE NO. 975 AN ORDINANCE OF THE CITY COUNCIL OF TAE CITY OF LAKE ELSINORE, CALIFORNIA~ AMENDING CHAPTER 5.8 OF THE MUNICIPAL CODE REGARDING CARD ROOMS AND PROVIDING FOR RUZ~ES AND REGULATIONS CONCERNING EXYSTING LICENSE. AYES: COUNCILMEMBERS: ALONGI DOMYNGUEZ NOES9 COUNCILMEMBERS7 CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER, WASHBURN THE FOREGOING Y+IOTION FAILED. 32. C.D.B.G. Funding - 20th Year Allocation. (F:84.2) City Manager Molendyk explained this item which involves federal funds passed through the County. Ae noted that this year's allocation for the City will be approximately $145,000; and noted the orqanizations requesting a portion of the funds. Robert Lingenfelter, Planning Manager for Community Action, detailed the work of his organization. Mayor Washburn requested details on the proposed distribution of the allocation. Community Services Director Sapp detailed the requested amounts and proposed allocations as follow: P,lternatives to Domestic VioTence Assistance League of Temecula Valley (operation School Bell) Dept. of Community Action (County) Helping our People of Elsinore Requested $10,000 10,000 1,960 10,000 Suggested $7~000 5,000 1,000 8,750 PAGE THIRTEEN - CITY COONCIL MINi1TE8 - MARCH 8~ 1994 Penfold Communitcations, Inc, 30,000 -0- (Not Qualified for Assistance) Senior Center Improvement Project 96,000 96,000 Senior Home Repair 27,230.78 27,250 Street Light Safety Project/The 75,000 -0- Avenues Street Light Safety Project/ 75,000 -0- Pottery-Langstaff-Chaney City Manager Molendyk commented on the recent study session concerning this funding and noted that it would be possible to address the street lighting items at budget time. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE THE FUNDING DISTRIBUTION AS PRESENTED. Councilman Alongi questioned the importance of new siding for the Senior Center, noting that in the present economy a coat of paint might be enough for a few more years, to allow funding to go to the street lighting projects requested. He also noted that $26,000 is too much money for the type of work proposed. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 33. C R& R- Reauest to put 1994-95 Tax Bill. (F:163. City Manager Molendyk explained that last year this franchise switched from Rodriguez Disposal to C R& R; and since that time C R& R has been billinq on an individual basis for trash service. He stated that on an individual basis 80x pay their bills and 20~ do not; and it is the 80% that pay for the 20% that don't. He explained that if the billing is done on the property tax rolls then 100% pay their fair share and this staff report is to follow up the request by Council to place the billing on the tax rolls for 1994/95 tax bills. Councilwoman Cherveny stated that she would oppose having this put on the tax bill, based on the calls that she has received from residents. She explained that people that do not have their taxes impounded on their residences, find it a cumbersome problem to pay when i~ comes in one large amount. Mrs. Cherveny explained that they already have other assessments on their tax bills and this would create a greater burden. She explained that there are a great number of renters in our community and Southern California Edison or the Gas Company are not allowed to place their charges on the tax roll; and she feels that this is just one more service of that nature. She stated that putting this on the tax bill would mean that the landlord would have to increase their rent to pay for it, and she feels that it is the individual's responsibility to pay their own trash bill. She explained that if she were to have several rentals in the community, then she felt that it would be the tenant's responsibility to PAGE FOIIRTEEN - CITY COIINCIL MINOTES - MARCH 8~ 1994 pay for their own liqht bill and gas bill, as well as the trash bill. She explained tha~ i~ is just easier to pay on a monthly or quar~erly basis, than all at one timee She eacplained that all business has cost and when the business does na~ receive payment, it is just part of that cost. She stressed ~hat it is just part of the business for C R& Re Mrs. Cherveny explained that she was sure that when they set the ra~e tha'c a certain amount of loss ~aas taken in~o consideration. She stated that if her suggestions were not taken into consideration, then perhaps a reduction in the txash ra~e should be considerede MOVED BY CHERVENY, SECONDED BY ALONGI TO DENY PLACING C R& R TRASH B%LLIIJG ON THE TAX ROLLS, Councilman Dominguez explained that some of the cities are making it mandatory for the landlord to furnish water and trash service, which people have to have and he feels that it should be furnished by the landlord at the time of rental. He explained that putting it on the tax bill makes the owners more resgonsible for their propertiese Mr. Dominguez askecl if the trash bill is placed on the tax roll will there be a reduction in rates. David Fahrion of C R& R, explained that the property owner is responsible for the trash bill, whether there is a tenant on that property or not. He further explained tfiat the rates fhat taere implemented in the contract were similar to the rates that were set in the City of Temecula which is done by tax roll billing; and therefore the rates were not figured to allow for delinquencies ar other costs. Mr. Fahrion explained that this would not be a rate reduction decision, but rather an avoidance decision and eliminate delinquencies to prevent a rate increase to cover the related costs. Councilman Dominguez questioned the section of the report which states that this is for residential property only. Mr. Fahrion explained that the only reasonable persons to consider are single-family residents. Commercial and Multi- Family establishments would not qualify because they fluctuate in the type og service they require anci theg are billed on a monthly basis. Ae explained the costs of billing and how it will work if it is placed on the tax roll. Councilman Dominguez asked wha~ becomes of the people that C lt & R no longer services because they have not paid their bill. Mr. Fahrion stated thaf he can only assume that the trash is being dumped elsewhere. City Manager Molendyk stated that the cases of illegal dumping within City Limits have gone up. Councilman Dominguez stated that it is his concern that if a company is in fhe trash service, then he wants to see the trash picked up. Mayor Washburn explained that if C R& R does not collect for lack of payment, then the residents are more likely to commit illegal dumping to dispose of their trash. City Manager Molendyk stated that he has taken "heat'B because of C R& R not picking up trash when an account becomes PAGE FIFTEEN - CITY COIINCIL MINIITES - MARCH 8, 1994 delinquent. He e}cplained that he cannot ask C R& R to pick up the trash and not get paid for this service. He stated that if only 80~ of the people pay their trash bill then the rates will have to be increased to pay for the 20o who do not pay. He explained that if this is placed on the tax roll, then 100~ will pay. Mr. Molendyk explained that it is getting into warmer weather and the City does have a responsibility for Health and Safety to insure that the trash is picked up and the costs will have to be passed on. He explained that it has been very frustrating for Mr. Fahrion and the City trying to get people to pay their bills and he stated that this recommendation is to resolve a problem. Mayor Washburn explained that this can be a catch 22 situation.On one hand it is to insure tha the trash is picked up and that the contractor is doinq his job and receiving his fair share for doing that job. On the other hand, if the fee is placed on the trash bill there can be problems with duplexes who would not fall under single family residences and due to absentee landlords who would not choose to pay, then there would be trash build-upo Mr. Fahrion explained that the people that would be participating in this program are the people who are involved in the three barrel program. He stated that just last week the City of Canyon Lake approved the same measure because they were having the same problems. He explained that they did not want to see their rates raised because of delinquency. Mr. Fahrion explained that this will also be suggested to the City of Perris because they are having the same problems. Mayor Washburn asked if there was a single-family residence with more than one family renting and they requested a bin system, can they be denied through the Engineering Department or through C R& R to insure that the billing is done through the proper procedure. Mr. Fahrion stated that the billinq for tax rolls would be the residential single-family, three barrel system. Bin collection is billed on a direct basis. Councilwoman Cherveny questioned the current system and stated ~hat if no one is in a rental for six months, then there would be no trash paid and if the service is placed on the tax rolls, then if it is a rental, it will still be billed whether service is given or not. Mr. Fahrion stated that there is a refund available to the property owner for the service that they did not receive. He explained that the up side to this situation, is that when a home is sold all transactions are handled through escrow and service is never discontinued and eliminates some of the current problems which have been experienced. Mrs. Cherveny stated that she found it difficult to believe that C R& R did not factor delinquencies into their billing system, since this is a situation experienced by any business and that it would account for the amount factored to arrive at the fee of $15.00 a month, and she stated that if it is goinq to be placed on the tax roll then the fee should be reduced since there will be less billing procedure to go through. Mr. Fahrion stated that the paper work is extensive and this could be an option to offset the increase in the land-fill fees in July. YIe e~lained the related costs beyond billing. PAGE SISTEEN - CITY COUNCIL MINIITES - MARCH 8~ 1994 Councilwoman Cherveny stated that before she would approve the billing to be placed on the tax roll she would need to see what ~he off-se~ and reduction could bee Councilman Alongi stated that it seems that every time the public turns around something else is tacked on ~he tax bi11. He explained that Lake Elsinore should not be compared to Canyon Lake. There are families that live in Lake Elsinore ~ha~ work on a very tight budget and it is difficult to save for future billings. He gave a break down of his tax bill and how much difference this would make at the end of each six month perioda ~e stated that in his review of the contracto he saw no mention of aot picking up the trash and he stated that i~ is not up to the City to collect on accounts, but it is the sesponsibility of C R& R. Ae further disagreed with the statement that the landlord is responsible. He stated $hat the responsibility would be nego~iated betwe2n the landlord and the tenant. He explained that neither the Eederal nor State Government has a law that forces any property owner to supply water, electricity, gas or trash. He explained that it is entirely up to the renter and the ownere Therefore he felt that to place the billing on the tax rolls takes a bargaining position away from the landlord. He further explained that as far as picking up the trash, he felt that i~ is C R& R's responsibili~y and he felt that there should be a study session to address this. Mr. Alongi stated as a Eranchise Agent he did not think that C R& R could refuse to pick up the trashe He stated that the position that to pay the bill or your company won~t pick it up, is a problem and the franchise contract needs to be reviewed. He stated that there will be a problem with refunds caused by vacancies which could go on for a whole year and this also needs to be reviewed. Councilman Alongi removed his second. Councilwoman Cherveny withdrew her motion and asked that the item be tabled for a few weeks with the hope that Mr. Fahrion can come up with some type of figures to present to Council in regard ~o a credit and resolution to rentals. THE MOTION WAS WITHDRAWN WYTH CONCURRENCE OF THE SECONDo Mr. Fahrion stated that he found a continuance acceptable. He explained that if the electricity is not paid, then it is turned off, and therefore if the trash is not paid then he has no other option. He further explained that at the time that C EL & R negotiated the contract it was understood that it would eventually go on the tax roll. He stated that over the long run it will be ~eneficial to the Ci~y, otherwise the rates will have to be increased to support the people that are not paying. Mayor Washburra stated that he is not uncomfortable with the billings being placed on the tax roll, but he felt that any one that is a single family residence should be placed on the tax roll and not just the three barrel situation, He stated that he feels that it is a way to clean up the community. Mr. Fahrion stated that if a decision is made in the next 30 days they will be able to make arrangements. MOVED BY AY.ONGI, SECONDED BY CIiERVENY AND CARRIED BY UNANYMOUS VOTE PAGE SEVENTEEN - CITY COUNCIL MINIITES - MARCH 8~ 1994 TO CONTINUE THE REQUEST BY C R& R TO PLACE REFUSE BILLINGS ON THE F/Y 1994-95 TAX BILL TO THE MEETING OF APRIL 12, 1994. 34. (F:114.12) City Manager Molendyk explained this item. MOVED BY WINKLER, SECONDED BY WASHBURN TO ADOPT RESOLUTION NO. 94- 17 CERTIFYING THE MITIGATED NEGATIVE DECLARATION 94-1 FOR MCVICKER CANYON BORROW SITE BASED ON THE PROPOSED FINDINGS. Mayor Washburn questioned the ultimate use of the borrow site. City Planner Leslie indicated that some will be developed as part of the La Laguna Specific Plan. Mayor Washburn inquired whether there were any other sites that would not require a neqative declaration. Mr. Leslie indicated that this*p957X~a~ethe one discussed because of its close proximity and the ability to move dirt without trucking it. Mayor Washburn questioned the potential for use of the old levee on the Torn Ranch site. Mr. Leslie indicated that a full review was not done on that site. Mayor Washburn inquired whether that site would need a negative declaration and noted that site would be inactive for probably the next 10 years. Mr. Leslie indicated that he was not certain that the need for a negative declaration could be eliminated. He stressed that site would also need to address the impact of truckinq the dirte Mike Allar, Centex Homes, commented that the current concern with the site the time frame He noted that the contract has been let and the work can begin. He also noted that a particular factor in this decision was that this site can supply 200,000 yards of dirt and although only 150,000 is currently needed the balance will be used for the B-1 Debris Basin at a later date. He stressed that the other possible sites could not provide adequate dirt. THE FOREGOING MOTION TO ADOPT RESOLUTION NO. 94-17 BASED ON THE FOLLOWING FINDINGS CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 94-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 94-1 FOR MC VICKER CANYON PARK BORROW SITES, LOCATED IN THE NORTHWESTERN PORTION OF THE CITY OF LAKE ELSINORE. FINDINGS 1. The proposed grading permit and operation of the borrow sites would not have a significant impact on the environment. 2. The proposed qrading permit and operation of the borrow sites are consistent with Goals, Objectives and Policies of the General Plan and standards established in the Municipal Code. City Manager Molendyk thanked Mr. Allar and Centex Homes for their efforts and cooperation. PAGE E%GHTEEN - CITY COIINCIL MINUTES - fl~ARCH So 1994 35. Senior Center Improvement Project - Pit to Shuffleboard Court. (F:144.3) Mayor Washburn noted that this item has been discussed previously and questioned its placement on this agenda. City Manager Molendyk indicated that he was approached by Councilmembers based on requests from Senior Citizens fo modify the project. Mayor Pro Tem Dominguez commented that the Contract is done and questioned the reason for changing it. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO DEN% THIS REQUEST FOR CONVERSION OF A HORSESAOE PIT TO A SUFFLEBOARD COURT. 36e Sahara Dunes Casino Freestandina Sign - Reauested by Councilman Alonai. (F:148.1) Councilman Alongi commented on the existing sign at this location and noted that it was originally built as it is to provide freeway visibilitye Yie noted other allowances fox Pizza Aut and Travelodge. He further commented that the request is to allow for painting of the sign. Eie suggested that based on the owner~s cooperation in upgrading the facility he be allowed to update the sign and make it more attractive. Mayor Washburn indicated that fie understood that a variance had been requested and questioned the ability of the Council ~o grant this chanqee City Attorney Harper indicated that it was possible to grant ~his variance to the sign ordinance. kYayor Pro Tem Dominguez indicated that he would support this item, particularly in ~hat the new sign would say Lake Elsinore. He further indicated that he had reviewed this sigra £rom the freeway and saw no problem with it, with the exception that it needs to be upgraded. Mayor Washburn stressed that the process is underway and because of the height of the sign he felt it sfiould go through proper channels. He also stressed that it would not be appropriate to act on this item without Planning Commission consideration. Councilwoman Cherveny questioned the ability to approve the variance, City MAnager Molendyk stressed the existing ordinance and indicated that it would be in everyone's best interest to go through the existing process. He clarified that with the public noticing requirements, it is difficult to reduce the time required for processing. City Attorney Harper noted that the Council is bound by the ordinance and a variance does require a public hearing. Councilman Alongi questioned the need to go through both the Planning Commission and the City Council Public Hearingse Mayor Washburn clarified the established processe PAGE NINETEEN - CITY COONCIL MYNIITES - MARCH 8~ 1994 Councilman Alongi commented that he was trying to assist in fast tracking this project, PIIBLYC COMMENT3 - NON-AGENDIZED YTEMS Ace Vallejos, 15231 Cobre Street, commented on the issue of placinq trash bills on the ~ax rolls. He e~ressed concern with potential increases to the Lighting and Landscape Maintenance District costs from the Stadium. He indicated that the Stadium is a positive for the Community, but stressed the need for fiscal responsibility. Ericka Matthias, 403 W. Graham, congratulated the Council for its recent ability to present a 11united front" and put aside their differences. Chris Hyland, 15191 Wavecrest, commented on a recent article in the Press Enterprise concerning the Lake Elsinore Stadium. She expressed concern with statements concerning use of the Lighting and Landscape Maintenance District as a means to maintain the Stadium. She detailed her experience with the Lighting and Landscape Maintenance District and stressed her concerns. CITY MANAGER COMMENTS City Manager Molendyk indicated that a Closed Session would be needed to address Property Acquisition. City Attorney Harper indicated that he would also need to discuss Potential Litigation concerning O.M.G. and Forci Consumer Credite CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meetingo THE CITY COUNCIL MEETING WAS RECESSED AT 9:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:59 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH TIiE REDEVELOPMENT AGENCY BOARD AT 9:59 P.M. TO DISCUSS PROPERTY ACQUISITION AND LITIGATION CONCERNING O.M.G. AND FORD CONSUMER CREDITo THE CITY COUNCIL RECONVENED AT 10:40 P.M. NO ACTION TAKEN. ADJOLJRNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:41 P.M. ~' V lNl/ / / ~ V " ~r/y" GARY WASHB , MAY CITY O LAKE ELSINORE A ST: VIC~KI KASA~~~D CITY CLERR r ClTY C?r' LAKE ELSINORE