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HomeMy WebLinkAboutItem No.1DMINUTES REGULAR CITY COUNCIL MEETING. CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 23,".1993 ttttttt tttttttttttttttttttttttttttttttttt *ttttttttttttttttttt CALL TO ORDER.' The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 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 Manager Best,- Public Services Director-Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad.. PRESENTATIONS/CEREMONIALS- a. Update on Baseball Club: _ Kevin.Haughian, General Manager, Lake Elsinore Baseball Club, announced that to date 1,326 season tickets and all of the luxury suites have been sold. He noted that the club's initial: goal was for ;1,.000 season tickets, but based on response this has been revised to 2,000. He also noted that of those tickets sold, nearly 1,000 were purchased by Lake Elsinore residents. He presented the proposed "home" and "away" -team jerseys, and noted that the game hat is being reworked. b. Update on Outflow Channel Proiect. James Lowe, 3 B's Construction, detailed the progress to date on this project. He noted that 75,000 cubic yards of dirt will be trucked to the stadium site for that project. He detailed the upcoming road closures and alternate solutions, should the rains or flooding become a problem. He also noted that all is progressing.well and they are currently awaiting approval from Caltrans for the bridge on Highway 74. He reminded the community that the:project' administrator for this job is the Riverside County Flood Control. District. He further noted value engineering efforts to find ways to reduce the cost of this project. AGENDA ITEM NO. /l/l. PAGE / 0, — / 7 PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 C. Winterfest, 1993. Mayor Washburn announced that Winterfest will run from 4 p.m. to 9 p.m. with the Christmas Tree Lighting at 5:00 p.m. and Santa's arrival at 5:30 p.m. He detailed the proposed activities for this event. ' PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 32 and 34. CONSENT CALENDAR The following items were pulled from the. Consent Calendar for further discussion and consideration: Item Nos. 3, 4, 6, 10, 11, 13, 14 and 15. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Study Session - October 21; 1993. b. Regular City Council Meeting - November 9, 1993. - The following Minutes were received and ordered filed: c. Planning Commission Meeting - October.21,;1993. d. Planning Commission Meeting - November 3, 1993. 2. . Received and ordered filed the Investment Report 'for October, 1993. 5. — Approve Agreement for Administration of the General Maintenance for the Library Facility. 7. Approved Change Order No. 3 - Country Club Heights Trunk Sewer By -Pass Phase .II Sewer Improvements in Community Facilities District No. 88 -3 for Riverside Pipeline Inc. for a reduction of $36,239.43. 8. Adopted Resolution of Intention to Change the Street Name of Sylvester Street to Malaga Road — Resolution No. 93 -69. RESOLUTION NO. 93 -69, A RESOLUTION OF INTENTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE NAME OF SYLVESTER STREET. ' 9. Adopted Resolution No. 93 -70 Establishing:Additional Parking - Citation Enforcement. Penalties ;. RESOLUTION NO. 93 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE ESTABLISHED PARKING ENFORCEMEN4 SCHEDULES AND PENALTIES. AGENDA ITEM NO. PAGE Or ^-! PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 23, 1993.. 12. - Accepted Grant Deeds for the Purpose'of Easement Dedications for Various -City Projects at the following locations: Lot -125, Unit B of Country.'Club Heights for a.10' Slope Easement. Lots "95 & 97 in'Book 16," Pages 59 to-61-for a 101 ..Slope Easement. `',_:Lot 20 in Block 2 of Elsinore Heights Unit #1 for a'7.5' Right -of -Way. Lot 17 in Block 2 of Elsinore Heights.Unit #1 for a .5' Right -of -Way. Outlet-Center Phase II for a Drainage Easement.., ITEMS PULLED`FROM CONSENT CALENDAR 3. Warrant List - November 15, 1993. Councilman Alongi requested that' :items. on the .Warrant ,List such as weed abatement rebates be designated as such. He suggested that the entry for Rasmussen's should be noted as an expense for "Halloween.` He noted that the_.check '.for the Great Main Street - Antique Store was for a chair for' Santa- at, the Winterfest; he questioned why the equipment for Santa was ;not requested from the Downtown Business Association. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY= UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 4. Claims Aaainst the City -`BSI Consultants- (CL: #93 -17) and •I LCVCII VVL11lG1 \l.L TJJ -1J j City Manager Molendyk requested deferral of the claim, from BSI Consultants and recommended that the.Claim of- Steven Dobihal be rejected and referred to claims administrator for handling. MOVED BY ALONGI;`SECONDED BY "CHERVENY AND CARRIED BY UNANIMOUS VOTE TO DEFER THE CLAIM SUBMITTED BY BSI CONSULTANTS AND�TO:REJECT.AND REFER TO CLAIMS ADMINISTRATOR THE CLAIM SUBMITTED BY STEVEN DOBIHAL. 6. Award of Contract - Senior Center Projects (Outdoor ncMlcda.lyuQa L141lLVYGIOpu VO) l.v.a.a ua.., Councilman Alongi inquired what workawill -be done as.part of this project. He indicated that he did not believe it would include the horseshoe pits and questioned why they were not 'being done at this time. Community Services Manager I Best advised that the horseshoe pit is include - as - are all - other alternatives. I `'Councilman .Alongi: expressed concern that there =is nor mention• of the horseshoe pits, only grading and retaining walls. Ms. Best indicated that the bids received did include the horseshoe -pits and detailed the specifics. included `in this bid package: ' Councilman Alongi indicated -that he a till did not .see that mentioned in the staff,report AGENDA ITEM NO. / �✓ PF,G�CF �7_ PAGE FOUR - CITY COUNCIL'MINUTES - NOVEMBER 23, 1993 ._: and inquired whether it would be Best indicated it would be only= explained -that the low bid was compliance. one contract or two. Ms. one contract., She further rejected - because. of non- MOVED BY ALONGI, SECONDED BY CHERVENY TO POSTPONE THIS_ITEM UNTIL ALL INFORMATION IS RECEIVED. Councilwoman Cherveny requested clarification of a "non- responsive" bid. Community Services Manager Best deferred to the City Attorney for this clarification. She noted that Kevin 'Palmer_ of the Community- Development Agency concurred with the reasons for rejecting the low bidder, -in compliance with the C.D.B.G. regulations, as well as approving the contractor proposed as eligible for- C.D'.B.G. funds., Mayor Washburn indicated that he would not be against this award of contract because he has adequate information. THE FOREGOING MOTION FAILED TO CARRY BY 'A :VOTE OF 2 TO- 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE - DISSENTING VOTES. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO AWARD THIS CONTRACT TO MODCRAFT,'INC. IN THE AMOUNT OF $89,386.00. Mayor Washburn announced that the Senior Center has developed a cookbook for sale at a cost of $8 for the first copy =and $5 for each additional • copy. He commended staff for this effort and a nice finished product. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING.VOTE. " 10. Authorization for CR & R to LaAC 8u4c l.lcaaa 4,J V+a a.crcu+u cr_ s, Councilman Alongi indicated that he would date moved later in the month to allow for Christmas tree disposal.. like to see this holidaytrash.and Mayor Washburn indicated that while he understood the request, he would question it because CR & iR picks up trees anyway. He explained that it, is felt that a, stand alone event would be , more successful. Mayor Pro Tem Dominguez indicated that several days had been considered. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO AUTHORIZE CR & R TO PLACE TRASH RECEPTACLES FOR THE LAKE EDGE CLEAN UP ON DECEMBER 11, 1993. Councilwoman Cherveny inquired whether this.would include the County side of the Lake. City Manager Molendyk indicated that they would only -,be.. placed in the City; but anyone could utilize the bins.. He explained that" -the City can only authorize use within the City limits pursuant to the contract. Councilwoman Cherveny further questioned the access for County residents. Mayor Washburn indicated that with legitimate,lake clean up items there would probably be no problem. City Attorney Harper further clarified that the City can only address City uses under the contract. PAGE FIVE - CITY COUNCIL MINUTES NOVEMBER 23, 1993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 11. Acceptance of Quit Claim Deeds for the Purpose or water 1c1y1160 Dedications for Various City`Projects•.-' Councilman Alongi stated his ongoing opposition to•this type .' of action. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY A` VOTE 'OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ACCEPT THE QUIT CLAIM DEEDS FOR WATER RIGHTS FOR VARIOUS CITY PROJECTS AT THE FOLLOWING LOCATIONS: Southwest one -half of lots 95 &.97 , Unit A of Country Club Heights. Lot 20 in Block 2 of Elsinore Heights Unit #1. Lot 34 in Block 12 of Elsinore Heights Tract Unit #2. Lot 17 in Block 2 of Elsinore Heights Tract Unit #1 13. Demolition of-103 North Scrivener Street'., Councilman Alongi reiterated his previous concerns with this expenditure of -funds without any time element for repayment: He stressed that he has no problem with tearing -the buildings down, but he does have a problem with the unlimited period for reimbursement. He further addressed this site with regard to a trash bin on site for over a year, without being addressed by Code Enforcement. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE THIS DEMOLITION AND THAT•IN ITEM #14 WITH REPAYMENT To OCCUR WITHIN 24 MONTHS.' 'City Attorney Harper noted that if the property changes hands in the meantime'repayment would occur at that time. Councilman Winkler noted that it might not be beneficial to sue for. the 'money at 23 'months, and suggested that this evaluation be left up to the City Attorney; Mayor Washburn indicated that it was possible to approve the demolitions and condition them,to' meet the cost recovery - policy in place at, that time. City Attorney Harper Indicated that this could be reviewed and he would not interpret this motion as direction 'to- foreclose. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 14. Demolition of 207 East Pottery Street. MOVED BY DOMINGUEZ, SECONDED BY " ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THIS DEMOLITION WITH REPAYMENT TO OCCUR WITHIN 24 MONTHS. 15. Phase II Clean Lakes 314 Grant. Councilwoman Cherveny noted comments in the report that the there is no notable change in the water- quality since the aqua -treat program. She suggested that this program should be r .-:_ _ ar -2- PAGE SIX - CITY COUNCIL "MINUTES - NOVEMBER 23, 1993 halted to allow LEMA to do their part and if possible find a solution. She expressed concern with the money.spent to date on treatment. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ENDORSE THE PHASE II PROJECT AND DESIGNATE $25,000 IN THE CITY'S 1994 -95 FISCAL YEAR.'BUDGET FOR THE PROPOSED PHASE 3I CLEAN LAKES 314 PROGRAM. BUSINESS "ITEMS Councilman Winkler requested that item #37 be considered at this. time. Mayor Washburn indicated that with unanimous consent it- would be moved. Councilman Alongi questioned this action. Councilman Winkler explained that he would request that this item be heard next following a quick closed., session regarding acquisition of property. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 7:40 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 7;:- 50 -P.M._ 37. Methodist Church Parking Lot - Verbal Report - Requested by Councilman Winkler. MOVED .BY WINKLER, SECONDED BY WASHBURN TO ACQUIRE THE BUILDINGS BEHIND.THE METHODIST CHURCH AT 110, 118 AND 126 W. HEALD; FIRST THROUGH A GOOD FAITH EFFORT TO PURCHASE., THEM OR. SUBSEQUENTLY EMINENT DOMAIN. Councilwoman Cherveny clarified that this, money_, would be from the General Fund Reserves. Councilman Winkler indicated that,he would next pursue action, - on the next RDA agenda to authorize the purchase of this .. property from the, City, because the Redevelopment Agency cannot use eminent domain. He, noted that in the long term,the reserves would be maintained. THE FOREGOING MOTION CARRIED BY A VOTE OF,3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. 31. Second Reading - Ordinance No..967,- Zone Change 93 -4 - The Western Company /Laguna Heights. MOVED BY WASHBURN, SECONDED BY ALONGI TO ADOPT ORDINANCE _NO. 967: c ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ,CALIFORNIA, PREZONING 199 ACRES TO RURAL RESIDENTIAL AND OPEN SPACE (ZONE CHANGE 93 -4), LOCATED ROUGHLY SOUTHWEST .OF THE INTERSECTION OF TOFT DRIVE AND GRAND AVENUE: THE WESTERN COMPANY /LAGUNA HEIGHTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE PAGE SEVEN - CITY`COUNCIL MINUTES - NOVEMBER 23, 1993 ABSENT:' 'COUNCILMEMBERS: NONE . ABSTAIN: COUNCILMEMBERS:- WINKLER, 32. City Manager Molendyk explained that,on August 24, 1993, the Council considered the userof private.security,to supplement the services of the Sheriff's Department., Councilwoman Cherveny has.requested reconsideration of this matter... Councilwoman Cherveny stated that. Proposition 172 was approved by the voters on the. November<.ballot and there' is approximately $108,000 for public services,. MOVED BY CHERVENY,'SECONDED BY ALONGI TO.APPROVE THE.ALLOCATION OF THE APPROXIMATELY $106,000 FOR SECURITY OFFICERS TO SUPPLEMENT THE SHERIFF'S SERVICES. Mayor Washburn then called upon the persons who - requested to speak on this item: Leon Strigotte, 216 Chaney Street,, stated that the voters passed Proposition172 specifically for Law Enforcement and Public Safety Officers as defined under Penal Code 830 and Private Security does not qualify. -.He explained that 'Proposition 172 not only deals with police, but also fire services. Mr. Strigotte quoted, an article from the Press Enterprise, November -21, 1993, which is,entitled."Take.Back Your Neighborhood He explained that solving. the crime problem is not done just -by hiring more police, officers, it is the 'responsibility of the citizens as .well. He. further 'explained that the taxpayer will not receive.the same-level of service from a security officer.- - Mr. Strigotte,,stated that he felt that the'$108,000 should be spent to open up a fire station at the west end--of the City, and encouraged the Council to promote a City Reserve Force which.would not cost $108,000 and would.get people out who.really: want to make a difference -in the community.. ' He explained that this would have an immediate impact in the community and would aid law enforcement in, a positive way. He stated that at next year's budget is when the- increase in. law. enforcement should be considered,-. but not private security. He commented on,the fact that he has not seen the two bicycle patrol, officers patrol more than the outlet center and there is a need -,for them in other areas. Chris Hyland, 15191 Wavecrest, stated that;the $108,000,needs to be used to put more law enforcement on-the streets. She commented on a recent- incident which -occurred in her neighborhood and stated that . she welcomes more law enforcement. Councilman Dominguez indicated that he'feels that the Council needs the recommendation of professional staff to allow Council to make an informed decision. Councilman" Winkler, commented on article in the Press Enterprise in regard to "How To Take Back Your Neighborhood" AGE14OA ITEM NO. / PA3E OF PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 and he explained that it was through Neighborhood Watch, Crime Watch and caring citizens that this effort succeeded. He indicated that it must be - approached neighborhood- by- neighborhood, block by block and child by child. He stated that with dwindling resources it is necessary "for.the. citizens to take control. He explained the problems within the judicial system and suggested that there should be a City staff ' position, such 'as a liaison to work-in the . judicial system and follow up on all arrests and repeat. offenders. He further suggested the same position could be present at the arraignment level to confirm the City's position and follow -up on the trials. He stated that a list of all arrests, criminal convictions and housing evictions should be available to the Council, Crime Watch Committee, Apartment Owners and Managers to aid in their effectiveness to keep out the criminal element and prevent problems before they begin. He also indicated 'that the local cable channel can be used to aid in the control. of crime and he suggested that .the City continue. to pursue drug abatement litigation. MOVED BY WINKLER, SECONDED BY'WASHBURN A SUBSIDIARY MOTION TO DIRECT STAFF TO REORGANIZE AND CONSIDER ALTERNATIVES; SUCH OVERTIME FOR SWORN OFFICERS, MORE AID TO PATROL, A LIAISON OFFICER FOR CRIME PREVENTION AND COORDINATION WITH THE JUDICIAL SYSTEM;:;AND REQUESTED THAT THIS ITEM RETURN TO COUNCIL IN TWO WEEKS. Mayor Washburn stated that to address crime there is a need for manpower and to have manpower there is a•need for - money. He explained that there is an Anti -Crime Bill which is in progress and he has been in contact with Congressman.Calvert to-work on this issue to support more funds for the City's needs. He commented that it doesn't matter who you are in the community. Hispanic or- other, crime.is crime and-no one in any walk of life wants crime in their neighborhood. Mayor Washburn explained that every year.the Council has increased the'law enforcement manpower and will continue to do so.. He commented that the FBI Crime Report is incorrect and it is not 151 crimes per thousand, but rather 93.crimes per 1000. He stated that there is still a crime problem and it, must be .­addressed, but it -is -not as bad.as what the report stated. Councilman Winkler explained that:there are high crime areas " in the'City and one of them is behind the Methodist Church in the downtown area. He stated that abatement is one-way to address this and aggressive action in following up. on incidents. Councilman Alongi commented that crime is crime and in the City of Lake Elsinore crime is increasing. He stated in the State Constitution, Amendment No. 1, .Chapter No. 41, does not indicate that armed and sworn officers are required; it states that the protection of Public Safety. is -the , first responsibility of the local government or local, officials and they have an obligation to 'give priority to the provisions of adequate public safety service: He - explained that this affects all areas of public safety. He stated that- he,_agreed with Councilman Winkler, but that he is addressing crimes already committed and he would like to see crime prevented. Councilman Alongi asked Captain Daniel if the.officers did not PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 have to write reports on the recent 52 cars that were stolen, how much sworn officer time would be saved: He stated that he is,not opposed to Mr. Winkler's ideas, but he feels that the_ needs of the community are more immediate.. He emphasized crime is .crime and -defined that .responsibilities'; of the homeowner, in regard to who rents and lives"in :their homes. He further explained that it does not matter where the City is on the list of crime, -it is just not acceptable.. Councilman Alongi stated that he wants to see the crime ratio back to what it was in 1968 and 1969. There were no drive -by shootings or violent crimes dike there are today and the City was safe then. He stated that 93 crimes per 1000 is still too, much and he wants to see it reduced. .Councilwoman Cherveny questioned the program that Councilman Winkler is proposing, and asked if' it was meant to be done instead of :adding officers._ She explained that crime -watch is necessary . but the City needs more sworn;offi'cers.,She pointed out that when security - officers,. were used in the downtown area;-and there was a major decline in crime.. She concurred that the Crime -watch is an aid to the community, but' that security officers would offer a deterrent to crime. She explained that the sworn officers,are going call.to call.and . do not have the time to patrol.. She stated,it would be pro- active and not reactive. Councilwoman Cherveny explained that the security officers can be placed.in.neighborhoods and in high crime areas to help to prevent crime. City Manager Molendyk explained that, he has heard ,several different ways to address the crime in the community, and he -had just.received a memo from, Captain. Daniel of a fax from the. Department .of, Justice; that, President, Clinton has 'Just announced that $150 Billion Dollars be available for -assistance to law enforcement agencies. He explained that it is- broken down into increments and - would .supplement.up.to 758 for salary and benefits for each .pollbe officer.. These figures can be utilized by staff for further suggestions to the Council by the next meeting. He will distribute this-to Council. Councilman, Alongi asked that staff consider security.guards,in their evaluation and,suggestions.., Mr. Strigotie explained that Riverside Police Department has a full time grant.writer and stated that this would expand „the ability to acquire more funds and equipment. It is their job to research and apply for monies available for'more and better programs.and would benefit the program. THE FOREGOING SUBSIDIARY MOTION WAS APPROVED BY A 3 -2 VOTE WITH ALONGI AND CHERVENY CASTING -THE DISSENTING VOTES. . . Councilwoman.Cherveny called.for a -.vote on the first motion. Mayor Washburn explained that a vote on the first motion was a moot point since the subsidiary motion took precedence. 33. Use of Community Center - Non- Profit Organizations - Requested by Councilman Alongi. Councilman Alongi indicated that he would like this to address ITEM NO. �_= or _L7 PAGE TEN - CITY COUNCIL,MINUTES - "NOVEMBER 23, 1993 organizations which benefit the total community and would like to use the Community Center, but find it cost prohibitive.' MOVED BY ALONGI TO OFFER THE COMMUNITY CENTER ONE TIME PER YEAR FOR NON- PROFIT GROUPS LOCATED IN THE CITY LIMITS, WITH THE CITY MANAGER AUTHORIZED TO DETERMINE WHICH GROUPS ARE QUALIFIED. MOTION DIED FOR LACK OF A SECOND. Mayor Washburn noted that.a cooperative program is already in existence. MOVED BY WASHBURN, SECONDED BY WINKLER TO TABLE THIS' 'ITEM INDEFINITELY. Councilman Alongi noted that groups are still asked to pay a deposit, and indi "cated. that this is not uniformly carried out. MOVED BY, CHERVENY, SECONDED BY ALONGI AND FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER 'CASTING THE DISSENTING VOTES FOR A SUBSIDIARY MOTION TO OFFER THE NON - PROFIT GROUPS THE OPPORTUNITY TO USE THE 'COMMUNITY CENTER ONE TIME PER YEAR. THE FOREGOING MAIN MOTION TO TABLE THIS ITEM CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. 34. Proposed Cardroom Ordinance No. 969. Mayor Washburn commented on the fact that he had received several phone calls and letters regarding this ordinance.-' MOVED BY WASHBURN, SECONDED BY WINKLER TO RETAIN THE EXISTING ORDINANCE AND APPROVE ONLY-THE FEE SECTION OF ORDINANCE N0: 969. MOVED,BY CHERVENY A SUBSIDIARY MOTION TO SEPARATE THE ORDINANCE AND CREATE TWO ORDINANCES TO ADDRESS THE FEE,STRUCTURE AS 'A SEPARATE ISSUE. MOTION DIED FOR LACK OF A SECOND. Mayor Washburn explained that his motion is doing what Councilwoman Cherveny is suggesting. City Attorney Harper clarified the motion and stated that the Original Cardroom Ordinance would remain in effect and the'new ordinance would amend fees only. Mayor Washburn concurred. Councilman' Alongi asked if this would 'increase the fees. Mayor_Washburn stated that it would. Mayor Washburn called on those persons who?had submitted a request to speak as "follows: Jack McColley, 29072 Palm View" his opposition to more card rooms in the City. He explained that he felt that it would place a strain on public services and'that he is not opposed to gambling, but he is opposed to what more card rooms can create. Chris McColley,. 29072 Palm View, stated her opposition to an increase in gambling facilities. . She stated -that it would create problems for public safety and she felt that the monies made in revenue would have to pay for the increase in law enforcement for the casino's and would-'not truly benefit the public. 11-EN1 NO. __Zk . _ -�° C- - .1-- PAGE ELEVEN - CITY COUNCIL MI I NUTES NOVEMBER 23 i 1993 Jeannine Martineau, 29042 Mango Court, stated her opposition to more cardrooms inthe City and explained that , she felt that it would be 6 bad image for the community as well as create stress on Public Safety.' Jeanie Corral, 16410 W.,Lake.shore'Dr.,,' stated' her "opposition to an increase in cardrooms and stated' that a potential. of more problems I in-the community were not needed.- She-stated that the current casino is an eyesore.-' ; -1 . % 7 Raymond Corral, 16410 W., 'Lakeshore Dr.1 ,opposition in regard to the-.cardroom; stated her opposition Sue Bowen, 167 N. Torn Ranch Road, more cardrooms. s*ubmitted,a letter of to Denise Tompkins, 218 Chaney Street, thanked Couficil-for their .efforts in the community and'stated opposition to the proposed increase in cardrooms. She, thanked- Council for their cooperation and the improvements on Chaney Street., Leon Strigotte, 216 Chaney Street, spoke in opposition to cardrooms and stated that he felt that the newspapers did not do, a good job of reporting the bast history of the casino and the problems they have had. He stated that he felt that gambling casino's affect the quality of life in the community and that the public should vote in a public election to decide if they wish to have gambling in Lake Elsinore. He called for proper policing on the existing casino.. Charles Cook, 16282 Grand Avenue,°spoke 'in opposition to an increase in cardrooms and stated' that he felt that'it-would create an undesirable, environment. He commented that the City should encourage developers to do more things for the kids as they should be the City's primary priority. Will Buck, 29610 Hague, spoke in favor of more cardrooms in the City and gave a brief history of the existing cakdroom and the increase in fees. He explained the reasons why it would profit the City and stated that the City,of Bell Gardens has its entire budget for. police and public works supported by the cardrooms.- He' asked that Council. -consider passage of the existing Ordinance No. 969_ Larry Regis, 20930 Malaga Road,'explained that the-casino'iB not- owned by, prof essional,'caBino owners, and that the new owners are in the I process Of improving'the existing cardroom, hotel, restaurant and party -cefiter, but it will take time. He explained that they are not trying to avoid paying their fair share but the new fees would stress the owners and'he asked that,Council consider - graduating the fees-. Councilman'Alongi stated that he felt that the card room is a quality facility and that the new owner and management' is Improving the existing facility to the highest quality and he stated 'that ,Council might want to contact Captain Daniel and check to see how many call's the Sheriff's Department receives from the casino. Mr. Alongi commented that he enjoys the rsportl-pf cards'and feels there is' nothing wrong with it. He explained that the owners are, working 16n the interior and will 1-7 NO. PAGE TWELVE - CITY COUNCIL MINUTES -,NOVEMBER 23, 1993 address improvements for the exterior next. Councilman Dominguez stated that the casino,is good recreation and there have been very few problems. He commented that when he moved to Lake Elsinore there were three cardrooms and that it was his choice to live here. He felt that it was the same for anyone else, they,had the right to move here or not, since there was a cardroom in existence when they bought. He stated that in 1960 the issue was taken to the voters and they choose to keep the cardrooms. Councilwoman Cherveny stated her concern in regard to the fees and explained that the owners of the casino, are investing a lot of money to make improvements and have a quality business in the City and she would like to see Council graduate the fees and not create a burden on the owner. Councilman Winkler pointed out that Council has set high standards on any business who builds in the City and he felt that it was only fair that this apply to all businesses. If the Council made an exception for one, then the other businesses would have the right to expect the same. City Attorney Harper explained that _the motion was to exclude everything but the fee structure. THE FOREGOING MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE ORDINANCE NO. 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5.28.060 OF THE MUNICIPAL CODE REGARDING FEES FOR CARD ROOMS. AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: -NONE 35. Discussion of City Election Data & Ballot Measures - Councilwoman Cherveny. commented on the prior approval to move the Municipal Election dates, based on the projection that it would be a better turnout. She inquired whether the Board of Supervisors had yet approved this change. ' City Clerk Kasad reported that based on a conversation this date, the matter would be going before the Board of Supervisors in approximately two weeks. She further noted that the consensus of April Election cities appeared to be.to accept this change. MOVED BY CHERVENY, SECONDED IBY ALONGI TO_TABLE THIS ITEM FOR TWO WEEKS. Mayor Washburn offered the floor to City Treasurer Pape, who initiated this change. Mr. Pape .deferred to the next discussion in two weeks. lid, AG=hDA ITE'.ti ND. 0 PAGE THIRTEEN:- .CITY'.COUNCIL 'MINUTES.- NOVEMBER 23, 1993', THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE 36. _ Ocm.ectnA by Councilman Alongi expressed concern with the recent actions to defer Council Comments until the end of the Redevelopment Agency Meeting, denying the Council "t.v. time. He indicated 11 j that - he would -like to see the Council !comments, remain as i scheduled on the agenda so the Council can.get important items out to the viewing audience. He indicated that this shift, causes an unfair balance of Council time: He stressed. that he . does not like to see Council Comments put - off until after the t.v. shuts off.: He suggested that if all Councilmembers limit !j their comments, they can all get their points across.. 'I - 'Mayor Washburn indicated that this discussion has. no substance in that it is a' procedural matter detailed in Roberts Rules of i Order. He. clarified that movement ,of items is acceptable with. no objections being stated. He noted-.that any Councilmember., has the ability to object such a shift. He stressed that I; Roberts-Rules is clear on this issue. Councilman Alongi indicated that the Council does not follow Roberts Rules because they are.not, required to.. He stressed the Council's right-to discussion: Mayor, Washburn. stressed :the N: procedure, apologized, for Councilman Alongi-and declared him-to be out' of order. I 38. Urgency- Ordinance,No. '970.° Mayor Washburn proposed additional of Urgency Ordinance No. 970 relating to fire clearance.:in spite'of K -Rat habitat, be `r added to this agenda, MOVED BY DOMINGUEZ,`SECONDED BY WASHBURN'AND;CARRIED,BY UNANIMOUS VOTE` -TO ADD THIS ITEM TO THE AGENDA.. _. Mayor Washburn indicated that the Riverside County Habitat Conservation Agency had requested .that- this ordinance be brought :forward to all impacted agencies for approval.: .He.._ explained, that it., would allow'_for fire clearance around structures to prevent concerns which arose during the recent.. I fires: j MOVED BY CHERVENY, SECONDED BY, ALONGI TO .'ADOPT ORDINANCE NO. 970 AND'DIRECT,THE CITY CLERK TO TRANSMIT.TO.BRIAN LOEW AT THE.RCHCA: ORDINANCE NO. 970 AN ORDINANCE OF THE CITY COUNCIL` OF THE. CITY OF LAKE ELSINORE,. CALIFORNIA, PERMITTING CLEARING OF BRUSH FOR FIRE PROTECTION, PURPOSES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS:. ALONGI; CHERVENY, DOMINGUEZ WINKLER, WASHBURN pGERDA ITEM', t:0._ -= �-�y- PA_=la OF1-Y PAGE FOURTEEN - CITY COUNCIL.MINUTES - NOVEMBER 23, 1993 NOES: COUNCILMEMBERS': NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON - AGENDIZED ITEMS Catherine-Creech, 29880 Hursh, commented on law enforcement and a recent occurrence of shots being fired at her home. She expressed concern with the response time of approximately 20 minutes, and noted a previous occurrence, for which the response time was one hour and 40 minutes. She indicated that she was pleased with the passage of Proposition 172 and supported its use of additional law enforcement. Ray Creech; 29880 Hursh, further commented on the incident which occurred at his home and stressed the importance of residents being aware of and prepared for this type of incident. He stressed the need for a few more officers. Mayor Washburn expressed his condolences and understanding of this situation. Chris Hyland, 15191 Wavecrest; indicated that while she is happy the Stadium has sold over 1,000 seats, but questioned why the City had reserved 100 seats and other comments relating to the sale of tickets. She indicated that based on the.comments she has heard, she would be expecting her two front row, team side tickets for the cost of sales tax only. She indicated that based on the responses she has received from the Baseball Team General Manager and the City Manager, someone is lying. Nido Ryal, 223 Chaney Street, commented on the proposed Chaney Street improvements. He expressed concern that they are being done based on cost rather than safety. He further expressed concern with the proposed removal of the guard rail adjacent to his home and reminded the Council of the accident that occurred.there in 1989. Richard Bullard, representing Classic Western Productions, commented on the recent Sierra Circuit Rodeo presented by .that organization. He thanked the City, the Chamber of Commerce, the Fire Department, the School District, the Elks and all other volunteers for their support of this event. He noted the increased revenues the event drew to the community through its restaurants, hotels and stores. He stressed the organizations efforts to bring a positive name to the community and expressed concern that not more of the community was present to support the event. CITY MANAGER COMMENTS City Manager Molendyk commented on pending workshop topics and indicated that the School District would also like a joint workshop to look at goals and projects. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on the following: 1) Announced that S.S. Burger Basket would again be serving AGENDA ITEM NO. �­ PAu OF_Z_Z_ PAGE FIFTEEN CITY COUNCIL MINUTES NOVEMBER 23, 1993 Turkey Dinner for the needy bn Thanksgiving Day from 11 a.m.,to 4 p.m. 2) 'Would like more information'on'the Citizen's Crime Watch Committee; is curious based on t.v. advertisement. 3) Winterfest event, children will have an opportunity to see Santa at this event as well as at AlbertsonB1 Stater Bros., etc r' 4) Receipt of copy of M.R.C. report on*the sales tax audit; they found $11,865 in new taxes,, projected to reach $41,250 next quarter. s) Attendance at Senior Center Bazaar; many' groups were participating.. Advised that despite a flier distributed the Golden Spectrum organization is alive and well. A. 6) Noted letter from Debbie Kramer regarding Little League boundaries•. Suggested that the issue be researched to prevent children being.excluded. 7) Received a call from a gentleman furious with City Hall, because the parents of soccer players at Terra Cotta'Paik _received parking tickets. Need to look at providing adequate parking. "Councilman Winkle�i stressed the danger of parking on,the street in this area. 8) Noted letter from Debbie Renfrow regarding cancellation of the Christmas Parade She indicated that she ',would like to Bee this budgeted and scheduled again next year. 9) Announced the H.O.P.E. food and toy drive for Christmas, as well as the Christmas party scheduled for December 17th. 10) Delinquent trash bills" expressed4conceirn with the letter sent.out - through the City.. CR & R, should be handling billing... She expressed concern with the City harassing the residents for payment and indicated that CR & R should be obligated--Ito-handle it. JI) Not6d'that she attended the Sierra Circuit Rodeo. Councilman Winkler commented on the following: 1) So ccer field use and'parkingat Terra Cotta; noting that there is additional adequate 'parking JW the school parking lot. He stressed the danger caused by limited visibility for cars turning left on to Grand Avenue and children in the area of the cars parked along the curb. He requested that the City-Manager contact the School Board representatives to address thi's issue.' noting that informal discussions , have already occurred with Boardmembers. 2) McVicker Park, when will construction be City ,gin? I Manager- Molendyk indicated that the- Council would be receiving a memo ' on this item, but the project is underway. let, AGENDA ITEW. 1,40— PA OF-L2— PAGE SIXTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 3) Amber Ridge is close to receiving sewers. Bids are out and expected to be opened soon. 4) Noted that he bought season tickets for the Stadium at full price. Questioned the comments about special deals being given. Councilman Alongi commented on the following: 1) Will reserve some comments for Councilman Winkler, the Sun Tribune and the Chamber of Commerce because the meeting is not being televised. 2) Sierra Circuit Rodeo, stressed the importance of non- profit organizations working together. He stressed the existence of. Rodeo Grounds and expressed concern with the non - cooperation of the chamber.. He noted that this Rodeo could have made a.profit if the Rodeo Grounds had been made available. 3) Mr. Creech, indicated that this incident possibly could have been prevented. He stressed the need to listen to the experts and go forward. Mayor Pro Tem Dominguez commented on the following: 1) Reminded the Community.to participate in Winterfest. 2) Noted that he also bought season tickets. Mayor Washburn commented on the following:, 1) Efforts of S.S. Burger Basket to serve Thanksgiving Dinner. Requested recognition, of. -them at the next meeting. 2) Announced that Miss Lake Elsinore, Shannon Hughes was named Princess at the.Indio Date Festival. 3) Concerns with -the media. Indicated that he is disturbed with Councilman Alongi's. press conference. Mr. Alongi indicated that this was an' interview requested -by the press. Mayor Washburn expressed further concern with the press, and their comments regarding the locations where crimes occur. He' stressed that many incidents reported in the City actually occur in. Sedco Hills, Wildomar or other unincorporated areas. He expressed concern with the impact of these items on the economics of the community. 4). Classic Western Productions; Rodeo, concurred it is an important event to draw people to the community, but expressed concern with the comments that it was the Chamber' s, fault they lost money. He stated that Classic Western was offered the use of the facility for $5,000. He suggested that possibly a compromise could have been reached. 5) Requested that the City Attorney .draft a policy 'for agendizing items. He indicated that he feels 'a misuse is occurring and the existing policy is not sufficient. AQEtZA ITEM NO /� PAGE SEVENTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 CLOSED SESSION None. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:09 P.M. ATTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE AGENDA IiE;.' I /� I I