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HomeMy WebLinkAbout11-23-1993 City Council MinutesMINOTEB REGIILAR CITY COIINCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY BTREET LARE ELSINORE~ CALIFORNIA TIIESDAY~ NOVEMBER 23~ 1993 *,k,k,k*****,k****,k,kA***********s*ttsttsttss*ttstertt******tet*+t+t*+kr*** 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 ae Ubdate on Baseball Club. (F:134.10) 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 xesponse this has been revised to 2,000. He also noted that of those tickets sold, nearly 1,000 were purchased by Lake El~inore residents. He presented the proposed "home" and "away" team jerseys, and noted that the game hat is being reworked. b. Undate on Outflow Channel Proiect. (F:92.2) 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. EAGE TWO - CITY COIINCIL MINIITES - NOVEMBER 230 1993 c. Winterfest, 1993. (F:64.2) 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 evento PUBLIC COMMENTS - RGENDIZED ITEMS Requests were received to address the following items and deferred to those discussionss Item Nos. 32 and 34. The following items were pulled from the Consent Calendar for further discussion and considerationo Ytem 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. (F:44.4) b. Regular City Council Meeting - November 9, 1993. The following Minutes were received and ordered filed: ce Planning Commission Meeting - October 21, 1993. (F:60.3) d. Planning Commission Meeting - November 3, 1993. 2. Received and ordered filed the Investment Report for October, 1993. (F:12.5) 5. Approve Agreement for Administration of the General Maintenance for the Library Facili~y. (F:68.1) 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 Ync. for a reduction of $36~239.43. (F:22.3) 8. Adopted Resolution of Intention to Change the Street Name of Sylvester Street to Ydalaga Road - Resolution No. 93-69e (F:158.1) 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, (F;112.1) RESOLUTION NO. 93-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE ESTABLISHED PARKING ENFORCEMENT SCEiEDULES AND PENALTIESe PAGE THREE - CITY COIINCIL MYNIITES - NOVEMBER 23v 1993 12. Accepted Grant Deeds for the Purpose of Easement Dedications for Various City Projects at ~he following locations: (F:132.1) 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 10' Slope Easement. Zot 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 PIILLED FROM CONSENT CALENDAR 3. j+Tarrant List - November 15. 1993. (F:12.3) 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 r,~as not requested from the Downtown Business Associatzon. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTEDe 4. . (F:52.2 City Manager Molendyk requested deferral of the claim from BSY Consultants and recommended that the Claim of Steven Dobihal be rejected and referred to claims administrator for handling. MOVED BY ALONG2, 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 STE~IEN DOBIHAL. 6. . (F:144.3) Councilman Alongi inquired what work will 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 Best advised that the horseshoe pit is include as are all other alternatives. Councilman Alongi expressed concern that there is no mention of the horseshoe pits, only gradinq 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 still did not see that mentioned in the staff report PAGE FOIIR - CITY COIINCIL MINUTE~ - NOVEMBER 23~ 1993 and inquired whether it would be one contract or two. Ms. Best indicated it would be only one contract. She further e~cplained that the low bid was rejected because of non- complianceo 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.OOo 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 ALONGY CASTING THE DISSENTING VOTEo 10. Authorization for CR & R to place Trash Receotacles for the Lake Edae Clean up on December 11, 1993. (F:163.1) Councilman Alongi indicated that he would like to see this date moved later in the month ~o allow for holiday trash and Christmas tree disposal. Mayor Washburn indicated that while he understood the request, he would question it because CR & R picks up trees anyway. Iie explained that it is felt that a stancl alone event would be more successful. Mayor Pro Tem Dominguez indicated that several days had been considered. NIOVED BY WASHBURN, SECONDED BY DOMYNGUEZ TO AUTHORIZE CR & 12 TO PLACE TRASH RECEPTACLES FOR THE LAKE EDGE CLEAN UP ON DECEMBER 11, i993. 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 ~hat ~he City can only authorize use within the City limi~s pursuant to f.he 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 probleme City Attorney Harper furtrier clarified that the City can only address City uses under the contract. PAGE FIVE - CITY COIINCIL MINtTTEB - NOVEMBER 23~ 1993 THE FOREGOING MOTION CARRYED BY UNANIMOUS VOTE. 11. . (F:132.1 Councilman Alongi stated his ongoing opposition to this type of action. MOVED BY WASABURN, 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. (F:32.4j 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 UNP,iJIMOUS VOTE. 14. Demolition of 207 East Potterv Street. (F:32.4) MOVED BY DOMINGUEZ~ SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THIS DEMOLITION WITH REPAYMENT TO OCCUR WITHIN 24 MONTHS. 15e Phase II Clean Lakes 314 Granto (F:83.1) 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 PAGE SI% - CITY CO[7NCI~ MINQTES - NOVEMSER 23e 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 II CLEAN LAKES 314 PROGRAM. BIISINESS ETEMS Councilman Winkler requested that item ~37 be considered at this time. Mayor Washburn indicated that with unanimous consent it would be moved. Councilman Alonqi 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 MEETYNG WAS ADJOURNED TO CLOSED SESSION AT 7:40 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 7:50 P.M. 37. (F:134.10 - varnai Kannrr - MOVED BY WINKLER, SECONDED BY WASHBURN TO ACQUIRE THE BUILDYNGS BEHIND THE METHODIST CHURCH AT 110, 118 AND 126 W. HEALDp FIRST THROUGH A GOOD FAITH EFFORT TO PURCHASE THEM OR SUBSEQUENTLY EMINENT DOMAINo Councilwoman Cherveny clarified that this money would be from the General Fund Reservese 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. Ae 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 Readina - Ordinance No 967 - Zone Change 93-4 - Western Companv/Laguna Heights. (F:150.2) MOVED BY WASHBURN, SECONDED BY AY,ONGI TO ADOPT ORDINANCE NO. 967: NO. 967 AN ORDINANCE OF THE CYTY 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 YNTERSECTION OF TOFT DRIVE AND GRAND AVENUE: THE WESTERI~P COMPANY/LAGUNA HEIGHTS. UPON TIiE FOLLOWING ROLL CALL VOTE: AYES: COUNCYLMEMBERS: ALONGY, CHERVENY, DOMINGUEZ, WASHBURN NOESe COUNCILMEMBERS: NONE PAGE SEVEN - CITY COiJNCIL MIN[JTES - NOVEMBER 23, 1993 ABSENT: ABSTAIN: NONE WINKLER 32. Proposition 172 - Public Safety - Reauested by Councilwoman Chervenv. (F:126.1) City Manager Molendyk explained that on August 24, 1993, the Council considered the use of 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 $108,000 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 Proposition 172 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 Neighborhood10. 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. Iie 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 wes~ 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 wan~ 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 ~wo bicycle patrol officers patrol more than the outlet center and there is a need for them in other arease 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 ma]ce an informed decision. Councilman Winkler commented on article in the Press Enterprise in regard to "How To Take Back Your Neighborhood" PAGE EIGHT - CITY COONCIL MYNOTES - NOVEMBER 23~ 1993 and he explained that it was through Neighborhood Watch, Crime Watch and caring citizens that this effort succeecled. 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 ~he 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 litigatione MOVED BY WINKLER, SECONDED BY WASHBURN A SUBSIDIARY MOTYON 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 JUDYCIAL SYSTEM~ AND REQUESTED THAT THIS ITEM RETURN TO COUNCIL IN TWO WEEKS. Mayor Washburn stated ~ha~ 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 ~o raork on ~his 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 enforcemen~ manpower and will continue to do so. He coaamented 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 acldressed, but it is not as bad as what the report statedo 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 increasinq. 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 ~ha~ this affects all areas of public safety. I~Ie 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 COIINCIL MINIITES - 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 Alonqi 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 like 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 officers. 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 75~ for salary and benefits for each police 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 quards in their evaluation and suggestions. Mr. Strigotte 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 Communitv Center - Non-Profit Organizations - by Councilman Alongi. (F:64.4) Councilman Alongi indicated that he would like this to address PAGE TEN - CITY COUNCIL MINIITES - NOVEMBER 23, 1993 organizations which beneEit 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 LYMITS, 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 indicated that this is not uniforntly 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. (F:34.1) 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 NO. 969. MOVED BY CHERVENY A SUBSIDIARY MOTION TO SEPARATE THE ORDINANCE AND CREATE TWO ORDINANCES TO ADDRESS THE FEE STRUCTURE AS A SEPARATE YSSUE. MOTION DIED FOR LACK OF A SECOND. Mayor Washburn explained that his motion is doing what Councilwoman Cherveny is suggesting. City Attorney Harper clarigied the motion and stated that the Original Cardroom Ordinance would remain in effect and the new ordinance would amend fees only. I+Iayor Washburn concurred. Councilman Alongi asked i£ this would increase the fees. Mayor Washburn stated that i~ would. Mayor Washburn called on those persons who had submitted a request to speak as follows: Jack McColley, 29072 Palm View, stated 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 crea+ce. Chris McColley, 29072 Palm View, stated her opposition to an increase in gambling facilities. She stated tha~ it woulcl 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. PAGB ELEVEN - CITY COONCIL MINIITES - NOVEMBER 23~ 1993 Jeannine Martineau, 29042 Mango Court, stated her opposition to more cardrooms in the City and explained that she felt that it would be a bad image for the community as well as create stress on Public Safetye Jeanie Corral, 16410 W. Lakeshore Dr., stated her opposition to an increase in cardrooms and stated that a potential of more problems in the community were not needed. She stated that the current casino is an eyesore. Raymond Corral, 16410 W. Lakeshore Dr., submitted a letter of opposition in regard to the cardroom. Sue Bowen, 167 N. Torn Ranch Road, stated her opposition to more cardrooms. Denise Tompkins, 218 Chaney Street, thanked Council 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 past 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 qave a brief history of the existing cardroom 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 is not owned by professional casino owners, and that the new owners are in the process of improving the existing cardroom, hotel, restaurant and party center, 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 qraduating 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 sport of cards and feels there is nothing wrong with it. He e~cplained that the owners are working on the interior and will EAGE TWELVB - CITY COIINCIL MIN[JTES - NOVEMBER 23v 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 ~he 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 ~o see Council graduate the fees and not create a burden on ~he owner. Councilman winkler pointed aut that Council has set2046Xhigh standrds on any business who builds in the City and he felt that it was only fair that this apply to all businesses. Yf 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 structurea THE FOREGOING MOTION WAS APPROVED BY TAE 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: COUNCILMII~IBERS. ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENTs COUNCILMEMBERSe NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Discussion of City Election Data & Ballot Measures Reoort - Requested by Councilwoman Cherven.y. (Fe72.1 Councilwoman Cherveny commented on the prior approval to move ~he 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 basecl 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 BY ALONGY 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 fwo weeks. PAGE THIRTEEN - CITY CODNCIL MINiJTEB - NOVEMBER 23~ 5993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. Discussion of Council Comments - Verbal Report - Requested by Councilman Alonai. (F:44.1) 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 that he would like to see the Council comments remain as 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 their comments, they can all get their points across. Mayor Washburn indicated that this discussion has no substance in that it is a procedural matter detailed in Roberts Rules of 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 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 procedure, apologized for Councilman Alongi and declared him to be out of order. 38. Urgencv Ordinance No. 970. (F:76.2~ Mayor Washburn proposed additional of Urgency Ordinance No. 970 relating to fire clearance in spite of K-Rat habitat, be 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 e~lained that it would allow for fire clearance arounci structures to prevent concerns which arose during the recent fires. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 970 AND DIRECT THE CITY CLERK TO TRANSMIT TO BRIAN LOEW AT THE RCHCA: 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 PAGE FOIIRTEEN - CITY COIINCIL 1+IIN[TTES -~iONEMBER 23e 1993 NOESe COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAINs COUNCILMEMBERS: NONE PIIBLIC COMMENTS - NON-AGENDIZED ITEMS Catherine Creech, 29880 Hursh, commented on law enforcement and a xecent occurrence of shots being fired at her home. She e3cpressed 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 enforcemen~> Ray Creech, 29880 Hursh, further commented on the inciden~t 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 officerso 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 ~wo fron~ row, ~eam 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 anci reminded the Council of the accident that occurred there in 1989. Itichard Bullard, representing Classic Western Productions, commented on the recent Sierra Circuit Rodeo presented by that organization. He thanked the City, fihe Chamber of Commerce, the F'ire 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. Iie stressed the organizations efforts to bring a positive name to the community and expressed concern that not more of the community was present to suppor~ 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 ~o look at goals and projects. CZTY COtINCIL COMMENTS Councilwoman Cherveny commented on the following: 1) Announced that S.S. Burger Basket would again be serving PAGB FIFTEEN - CITY COIINCIL MINUTES - NOVEMBER 23~ 1993 Turkey Dinner for the needy on 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 Albertsons, Stater Bros., etc. 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. 5) Attendance at Senior Center Bazaar; many groups were participating. Advised that despite a flier distributed the Golden Spectrum organization is alive and well. 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 Park received parking tickets. Need to look at providing adequate parking. Councilman Winkler stressed the danger of parking on the street in this areao 8) Noted letter from Debbie Renfrow regarding cancellation of the Christmas Parade. She indicated that she would like to see 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, expressed concern with the letter sent out through the City. CR & R should be handling billing. She e3cpressed concern with the City harassing the residents for payment and indicated that CR & R should be obligated to handle it. 11) Noted that she attended the Sierra Circuit Rodeo. Councilman Winkler commented on the following: 1) Soccer field use and parking at Terra Cotta; noting that there is additional adequate parking in 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 this issue, noting that informal discussions have already occurred with Boardmembers. 2) McVicker Park, when will construction begin? City Manager Molendyk indicated that the Council would be receiving a memo on this item, but the project is underway. PAGE SIBTEEN - CITY COIINCIL MINIITES - NOVEMSER 23~ 1993 3) Amber Ridge is close to seceiving sewers. Bids are out and e~ected 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 commen~ed on the followinge 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 tfie 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 ~hat 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 gollowing: 1) Efforts of S.S. Burger Basket to serve Thanksgiving Dinnere Requested recognition of them at the next meeting. 2) Announced that Miss Lake Elsinore, Shannon Hughes was named Princess at the Yndio Date Festival. 3) Concerns with the media. 3ndicated that he is disturbed with Councilman Alongi's press conference. Mr, Alongi indicated that ~his 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 Cfty 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. Yie indicated tha~ he feels a misuse is occurring and the existing policy is not sufficient. PAGE CLOSED SESSION None. - CITY COIINCZL MZNQTES - NOVEMBER 23~ 1993 MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCII~MEETING AT 10:09 P.M. ~'J~' `~~~~- GARY M ~'WASHBURN, MAYOR CITY O~~/LAKE ELSINORE CLERK CITY OF LAKE ELSINORE