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HomeMy WebLinkAbout12-14-1993 City Council MinutesMINIITES REGULAR CITY COIINCIL MEETING CITY OF LARE ELSINORE 31315 CFIANEY STREET LARE ELSINORE~ CALIFORNIA TIIESDAY~ DECEMBER 14~ 1993 ***ttr******r****fta*t*******ft***ttte**ftftaaa***********,t**ftar****ftfta• CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:06 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 Roqers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Rebort on Outflow Channel. (F:92.2) James Lowe, 3 B's Construction, advised that this project is on schedule and a bit ahead of schedule. He further advised that an expanded channel currently exists from Sumner to Riverside Drive. He noted that emergency plans are underway for the potential seasonal rains and the need to allow for drainage from the Lake. He commented that they have a corporate commitment to work through the holiday season on this project, rather than recognizing their annual shutdown. He detailed upcoming work and noted that Riverside Drive and Lakeshore Drive will be closing down on January 3rd and Graham Avenue will be closing on January 10th. Councilwoman Cherveny questioned the simultaneous closure of Graham Avenue and Lakeshore Drive and inquired how long these roads would be closed and the appropriate alternate routes. Mr. Lowe indicated that Sumner and Heald would serve as alternate routes, however Graham Avenue was anticipated to be shut down for only 60 days. He noted the impact of GTE trunk lines in the area and timing for related work. Councilman Alongi inquired whether problems would continue in the area of Riverside and Gunnerson during the rainy season. Mr. Lowe requested clarification of this location. Mr. Alongi indicated that it was on the far side of the Riverside bridge. Mr. Lowe clarified that their project would not address that area due to the environmentally sensitive nature. Mayor Washburn noted the request of Mr. Dick Knapp to address ~AGE TWO - CITY COiJNCIL MINYJTES - DECEMBER Y4s Y993 this item and deferred his comments to the Public Comment section. B. Presentation ° S.S. Buraer Basket. (F:56.1) Mayor Washburn commented on the efforts of this establishment to provide Thanksgivinq Dinners for less fortunate members of the Community. He estimated that the cost of this effort was in excess og $3,000. He stressed the Community service provided and showed the City tile plaque which would be presented to S.S. Burger Basketo C. Presen~ation - Kinq Videocable - Tom Thomas. (Fe108.15) Mayor Washburn called Tom Thomas and Captain Wayne Daniel to ~he podium for presentation. Y3e presented Tom Thomas and King Videocable with a City tile plaque for their efforts on the United Way Telethon and nofed ~hat the Telethon had raised over $22,000. Tom Thomas accepted the plaque on behalf of the committee and noted that in addition the Telethon, employee contribution programs had boosted the total contributions to $42,000. He noted the high level of support and assistance provided by Captain Wayne Daniel during the Telethon and in preparation for the Telethon. Captain Daniel commented on the efforts of Tom & Dee Thomas, Bill Starkey, Sarah Coleman, Vick Knight, Bob Harris and the other volunteers who donated many hours to ~he effort. He noted that the United Way returns mare dollars to this community than those raised by the Telethon and stressed the positive impact of these funds on the community. D. Presen~ations - Winterfest. (Fe64.2) Mayor Washburn commented on the success of the Winterfest event and noted the support of inerchants for the event. Fie de~ailed the festivities and thanked the merchan~s for theis voluntary provision o£ hot drinks and cookies for the attendees. He presented Certificates of Appreciation to Rick & Sherry Kunstel, Inland Empire Lock & Key; and Ora Brimer, Main Street Trading Post. Mayor Pro Tem Dominguez presented Lilia Arciaga & Linda Plepper, A Touch of Heaven with a Cextificate of Appreciation. Ron & Nancy Olin, The Enchantecfl Castle and Miquel & Rosie Topete, La Unica, were not present ~or presentation. PIIBLIC COMMENTS ~ AGENDIZED YTEMS Reguests were received to acldress items nos. 21 & 32 and deferred to those discussions. CONSEN'i' CAI,ENDAA The following items were pulled from the Consent Calendar fox £urther discussion and consideration: Ytem Nos. 2, 5, 9, lY, 12, Y3, 14, 16. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS 7PRESENTED, PAGE THREE - CITY COIINCIL MINOTES - DECEMBER 14~ 1993 1. The following Minutes were approved: (F:44.4) a. Adjourned Regular City Council Meeting - November lo, 1993. b. City Council Study Session - November 16, 1993. c. Special City Council Meeting - November 23, 1993. d. Regular City Council Meeting - November 23, 1993. e. Special City Council Meeting - December 2, 1993. f. Special City Council Meeting - December 10, 1993. The following Minutes were received and ordered filed: g. Planning Commission Meeting - November 17, 1993. (F:60.2) 3. Received and ordered filed the Building Activity Report for November, 1993. (F:32.2) 4. Received and ordered filed the Code Enforcement Activity Report for November, 1993. (F:54.1) 6. Accepted San Jacinto River Channel Easement for Construction and Use from Sportsman's Lodge, a General Partnership and directed the City Clerk to record the document. (F:156.2) 7. Approved Change Order No. 8 for Lincoln Street, Le Gaye Street and Grand Avenue, Street Improvements in Community Facilities District 88-3, West Lake Elsinore, for Sumrait Grading & Paving, Inc. (F:22.3) 8. Accepted Notice of Completion for Lincoln Street, Le Gaye Street and Grand Avenue, Street Improvements in Community Facilities District 88-3, West Lake Elsinore, for Summit Grading & Paving, Inc. (F:22.3) 10. Accepted of Drainage Easement Deed for Portion of APN #379- 180-004 from Westlink Property. (F:132.1) 15. Accepted Donation of Land at Lot 156 on Iowa Street from the Estate of Emma A. Banner. (F:48.1) 17, Approved Public Hearing Date of December 28, 1993, for the following: a. Street Name Change of Sylvester Street from Lake Elsinore Diamond East to Mission Trail. (F:158.1) ITEMS PIILLED FROM CONSENT CALENDAR 2. L.E.A.F. Animal Control Activity Report - October and November. 1993. (F:18.2) Councilman Alongi thanked and commended L.E.A.F.'s staff and volunteers for their efforts throughout the year. MOVED BY ALONGI, SECONDED BY CHERVENY TO RECEIVE AND ORDER FILED THE L.E.A.Fe ANIMAL CONTROL ACTIVITY REPORT FOR OCTOBER AND NOVEMBER, 1993. EAGE EOIIR - CITY COIINCIL MINIITES - DECEMBER 14~ 1993 Councilwoman Cherveny extended her thanks to L.E.A.F. staff for their assistance in removing a possum, a skunk and a cat from her office. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 5. Warrant List - December 2. 1993. (F:12.3) Councilman Alongi questioned warrant #33512 to the Lake Elsinore Chamber of Commerce in the amount of $1,425.00. City Manager Molendyk indicated that he believed that was the City°s participa~ion in a new directory. MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST OF DECEMBER 2, 1993, AS PRESENTED. 9. (F:162.2) Councilman Alongi inquired whether the stop signs would stop only the alley traffic, or also the cross street. City Manager Molendyk advised that it was only for fhe alley traffic. Public Services Director Tecca indicated that the sign would only stop the alley because of limited visibility, Councilman Alongi inquired whefher anything could be done to address the poor visibilitye He asked if there was an ordinance which would prevent obstruction of visibility. Mr. Tecca indicated that the current ordinance only addresses intersections of stree~s, not alleysa Councilman Alongi inquired whether there should be another ordinance to address alleys. He expressed concern with the use of stop signs, when there should be a vehicle to require that the obstructions be prevented. He stressed that if the obstructions were removed, the stop signs would no~ be necessary.' Mr. Tecca indicated fhat he could not think of another situation like this oneo He noted that even with removal of foliage, visibility would be a concern. Mr. Alongi indicated that he was looking for a way to prevent obstruction of alleys. Y~Ir. Tecca indicated that staff could review this possibility. City Attorney Harper concurred that it could be reviewed, but noted that enforcement might be a problem, if the obstruction is an approVed structure. He concurred that bushes and trees could be addressed. Mr. Alongi noted that there is the same problem at Peck and Graham. Mayor Washburn inquired whether there has been accidents at the location in question. Mr. Tecca indicated that there have not, but a number of complaints have been receivedo MOVED BY ALONGY, SECONDED BY CHERVENY AND CARRYED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-71 AND DIRECT STAFF TO REVIEW THE POSSIBYLITY OF AMENDING THE EXYSTYNG ORDYNANCES. RESOLUTION NO. 93-71 A RESOLUTION OE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP YNTERSECTIONS. 11, Renewal of Contract for On-Call Survevina Service - Fi Year 93J94 - The Keith Companies-Inland Embire. (F:68.1) Councilman Alongi expressed concern with the same issue he PAGE FIVE - CITY COONCIL MIN[TTES - DECEMBER 14e 1993 raised with the previous year's contract. He indicated that he would like to see a limit on the amount of work, with excessive amounts subject to`review, to provide for some control on the dollars spent. Mayor Washburn questioned the current use of this service. City Manager Molendyk advised that records are kept of the work and most projects are limited to one or two days of survey. Public Services Director Tecca clarified further indicating that most survey projects are limited to 1~ of the project. He noted that a number of bids were received for this contract and the price ranges are all similar. Mr. Molendyk requested clarification of the type of work contracted and how long each project would take. Mr. Tecca indicated that the total bill for these services last year amounted to only about $33,000, including the San Jacinto Channel, Downtown East project, etc. Councilman Alongi stressed that he would like to assure control over the jobs. He suggested that projects in excess of $5,000 be subject to review. Mr. Tecca indicated that each set of plans is reviewed and the Keith Company provides a not to exceed estimate prior to doing the survey work. Mr. Molendyk further noted that this is an effort to guarantee rates for the next year. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE RENEWAL OF THE CONTRACT WITH THE KEITH COMPANIES-INLAND EMPIRE, INC. FOR PROVIDING ON-CALL SURVEYING SERVICES AND PERFORMING AS THE CITY~S SURVEY CREW FOR FISCAL YEAR 1993/94. 12. Chanae Order No. 2 for the _Graham Avenue Landscape Proiect. (F:95.2) City Manager Molendyk indicated that this item should be moved to the Redevelopment Agency Meeting for consideration; and it was deferred to that time. 13. Notice of Comnletion for the Graham Avenue Landscabe Proiect. (95.2) City Manager Molendyk indicated that this item should be moved to the Redevelopment Agency Meetinq for consideration; and it was deferred to that time. 14. Maintenance Contract for Street Name. Traffic Warnin~ Sians and Related Devices. (F:148.1) Councilman Alongi inquired what account this money was coming out of. City Manager Molendyk indicated that this was part of the Public Works Street Maintenance Fund and not from the Capital Improvement fund. MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT FOR MAINTENANCE OF STREET NAME, TRAFFIC WARNING SIGNS AND RELATED DEVICES TO SIGNS PLUS IN THE AMOUNT OF $29,139.50. 16. Entrv License Agreement - Lehr Familv. (F:134.7)(X:134.10) Councilman Alongi requested an explanation of this item. City Attorney Harper indicated that it was a housekeeping agreement which could have been included in the Option Agreement if the EAGE SIS ~ CITY COIINCIL MYNZTTES - DECEMBER S4s 1993 issue had been raised. He explained that it allows access to ~he Stadium site via the Lehr°s adjacent property for specified reasons, such as grading. Councilman Alongi inquired whether this meant work was occurring without an agreement. Mr. Harper indicated that this merely tightened up the existing agreement. Councilman Alongi inquired whether this involved the removal and replacement of dirt and whether it was the same agreement included in the Redevelopment Agency packet. Mr. Harper indicated that he would need to review the agreement further. Mr. Alongi requested further discussion by the Redevelopment Agencyo Councilwoman Cherveny inquired whether this was the same agreement as that in the Redevelopment Agency packet. Mr. Harper advised that it was, because the City and the Agency would be parties ~o the agreement. Mr. Harper clarified that dirt was removed by a contractor and this amendment had been reached to address the situation. Mr. Alongi further indicated tha~ fie would like to discuss this item as the Redevelopment Agency. MOVED ~Y WASHBURN, SECONDED BY ALONGS AND CARRIED BY UNANIMOUS VOTE TO APPROVE THIS ENTRY LICENSE AGREEMENT ON BEHALF OF THE CITY. PIIBLYC HEAR%NG 21. Public Hearina on the Proposed Street N Canvon Road to Diamond Drive. (Fo158.i) City Manager Molendyk explained that this street name change is proposed in connection with the construction of the Lake Elsinore Stadium. He further explained that ~fie intent would be to promote the Stadium on the I-15 freeway. fIe detailed the notices mailed out ancl tkae responses received from Pardee Construction Company, tkne City of Canyon Lake, ~he County of Riverside Transportation and Land Management Agency, Melvine & Louise Higbee, Dr. & Mrs, Thomas Fe Jessup, Joseph & Edna Price, Carolyn Vosburgh, and Pacific Coast Homes. NYayor Washburn opened the public hearing at 7:44 p.m. asking those persons interested in this item to speak. The following people spokee Annabelle Bates, 22794 Grey Fox Drive, Canyon Lalce, representing the City of Canyon Lake, stressed the history ancl identity Railroad Canyon Road brings to the area. She applauded the City°s efforts on the Stadium and Baseball Club and noted the support Lake Elsinore businesses receive from Canyon Lake residents. She agreed that the name chanqe would probably make a lot of sense , but requested that it only impact the portion of Railroad Canyon Road between I-15 and the Stadium. She further stressed the historical significance of Railroad Canyon to Canyon Lake and Menifee. She e~cpressed concern with the impact of the proposed name change on existing businesses with Railroad Canyon addressese John Zaitz, 30279 Clear Water Dri:veo Canyon Lakeo representing the Canyon Lake Property Owners Association, noted that he is a season ticket holder for the Stadium, but expressed concern with the proposed name change. He noted similar facilities in other communities and sfressed tha~ the s~reet names have not PAGE SEVEN - CITY COIINCIL MINIITES - DECEMBER 14~ 1993 been changed in the areas around Angel Stadium and Disneyland. He requested that the Council give consideration to changing only the portion of Railroad Canyon west of the freeway. Jeff Butzlaff, City Manager, City of Canyon Lake, concurred with the comments of Councilmember Bates and Mr. Zaitz and indicated that he was also representing the Canyon Lake Chamber of Commerce. He noted the City of Canyon Lake's strong support of the City°s efforts on the Stadium and Baseball Team. He noted that additional concerns relate to the potential for a street name change on the other side of Canyon Lake relating to the Audie Murphy Ranch project. He stressed the importance of Railroad Canyon Road to the continuity and integrity of the surrounding community. Mayor Washburn closed the public hearing at 7:52 p.m. Mayor Pro Tem Dominguez indicated that he is in favor of retaining Railroad Canyon Road to the East of the freeway. Mayor Washburn concurred with this position and further stressed the historical significance of Railroad Canyon Road. He noted that if this is not the final decision of the Council, he would pursue signage to note that this is the °thistorical Railroad Canyon Road". MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT RESOLUTION NO. 93-72~ CHANGING THE NAME OF RAILROAD CANYON ROAD FROM THE I-15 FREEWAY WEST TO THE LAKE ELSINORE DYAMOND TO DIAMOND DRIVE. Councilman Winkler questioned Caltrans policy for signage and whether it would be signed for both street names in both directions on the I-15 freeway. Public Services Director Tecca indicated that he had spoken with Caltrans this date and while they do not have a firm policy, they would strongly discourage this type of delineation. He noted that even with this position, there is a great deal of precedent existing in other areas to support this action. City Manager Molendyk stressed that the City would be paying for the new signs. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. APPEAL 22. Appeal of Nuisance Abatement Action - Flovd Jackson. (F:21.1) City Manager Molendyk explained that this item involves a storage container which has been placed on Mr. Jackson's property. Floyd Jackson, 14074 Honeysuckle Lane, Whittier, indicated that he had checked with the planning department before he bought the container to assure that it would be legal within the existing zoning. He was told it would be o.k. ancl purchased and placed the container the next day. Mayor Washburn inquired when this question had been posed and to whom. Mr. Jackson indicated it has occurred in the last year and he had spoken with Armando in the Planning Department. EAGE EIGHT ~ CITY COIINCIL M%NUTE~ - DECEMBER S4~ 1993 Mayor Washburn questioned the purpose of the container. Mre Jackson indicated tha~ it is for stoxage of ~ools and materials for maintenance of ~he property. He noted that he believes his lo~ is one of the cleanest in tHe area. He offered to work with the City on options. Councilwoman Cherveny inguired how long the container had been at this location. Mr. Jackson indicated that it had been there for 8 or 9 monthso Mayor Washburn questioned the Nuisance Abatement Action on this matter. Councilman Alongi indicated that there had been no choice but to enforce the ordinance. Mr. Alongi further noted that Mr. Jackson's lot is exceptionally clean and he does not have a problem with the container in this area. He noted that the Municipal Code only allows for such a container when there is another structure for which the container is supplemental. He stressed tha~ he doesn't feel the container is a visual nuisance. Mayor Washburn noted similar situations in more rural areas and the ability to provide a means og screeninq such a container. Councilwoman Cherveny inquired whether Mr. Jackson owned this container. Mr. Jackson confirmed that he had purchased it for approximately $1,600. Mrs. Cherveny inquired whether fie would have another location in which to place it. Mr. Jackson indicated he was not certain. Councilwoman Cherveny indicated that she appreciated Mr. Jackson's effor~ to check witfi the Planning Department before he purchased the container, although the information received was unfortunately not accurate. She recommended a waiver of the code requirements in this situation. City Attorney Harper indicated that it was his understanding that the staff inember had understood that there was an existing structure on the property, to which this container would have been an accessory building. He indicated that it appeared to be a case of miscommunication. Mr. Jackson indicated that he had told the staff person that there was no structure and no address for the propextyo Mayor Washburn inquired whether Mr. Jackson had obtained a letter of approval. Mr. Jackson indicated he had not. MOVED BY CHERVENY, TO WAYVE THE CODE LIMITATION AND ALLOW THE CONTAINER TO REMAIN ON THE PROPERTY. Councilwoman Cherveny stressed the location and level of maintenance on the property. City Manager Molendyk requested elarification of the motion and questioned the potential of the property changing hands and a change in the level of maintenance. Mayor Pro Tem Dominguez indicated that at the time any permits are requested for this property, the container should be addressed again. Councilman Alongs commented that ~he container would be allowed if there was a business on the property. City Manager Molendyk requested clarification that the Council PAGE NINE - CITY COIINCIL MINOTES - DECEMSER 14~ 1993 was saying as long as the property is maintained there is not problem. He suggested that the Council miqht want to make any approval subject to review. MOVED BY ALONGI, SECONDED BY CHERVENY TO TABLE THIS MATTER FOR 24 MONTHS. Councilman Alongi commented that it is important to encourage property owners to maintain their property. Mayor Washburn suggested that no time frame be included in the motion. City Attorney Harper noted the potential impact of other properties developing in the area. MOVED BY ALONGI, SECONDED BY CHERVENY TO TABLE THIS ITEM. Councilwoman Cherveny requested that Code Enforcement staff be informed of this position. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. BUSINESS ITEMS 31. Second Readina - Ordinance No. 969 - Cardroom Fees. (F:34.1) MOVED BY WINKLER~ SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 969: Councilman Alongi asked if the City had met with the owner of the existing Cardroom. Mayor Washburn stated that he and the City Manager did meet with the Casino representative, Larry Regis, and discussed his letter of concern regarding the increase in fees. Mr. Regis requested that the fees be graduated over a period of four years. This would mean a 50~ increase the first year, and so on. Mr. Regis further stated his concern regarding the inclusion of jackpoting; this is used to entice other players to the table, and the jackpot should not be calculated into the fee structure. Mayor Washburn stated that this could be handled through the administration of the City. Mr. Regis clarified that the money in the jackpot does not go to the Casino, therefore it should not be figured into the fees. Mayor Washburn explained that Mr. Reqis presented the improvements that have been made, and the positive improvements that will occur in the future. He commented that the major portion of the discussion was in regard to an amendment of the fee structure. City Attorney Harper explained that if the Council amends the Ordinance, then it should go back for another first reading. _ Councilwoman Cherveny stated that she would like to give leniency to the Cardroom and would not be opposed to bringing the Ordinance back for another reading. She explained that the decision is based on the positive improvements that are occurring at the Cardroom and facilities, and she felt that they merited consideration of a graduated fee structure. Larry Regis, representative of the Lake Elsinore Resort and PAGE TEN - CITY COIINCIL MINIITES - DECEMBER 14s 1993 Cardroom, e~cplained that he has worked closely with City staff and it was his understanding that this issue would be continued until such time as he could work with staff and resolve the graduation of fees. He stated that he had called the owner of the cardroom and told him that this item was to be continued and that there would be no need for him to attend this meeting. He explained that he was under the impression, after his meeting with the Mayor and City Manager, that Council would give the owner and himself the opportunity to present a proposal for a feasible graduation of the fee structure to meet the desires of the Council, He asked that Council consider a con~inuance to allow he and the owner to follow up with staff. Mayor Washburn stated that in fairness to everyone, he had ~old Mr. Regis that he was going to ask to have the item tabled until such time as a proper fee structure could be addressed. Councilman Alongi requested clarification. Mayor Washburn explained that the letter he had received from Mr. Regis, outlined the different phases which the Casino and facilities would be improved. At ~he meeting with Mr. Regis, it was discussed what other improvements could be done as well. He stated that his inten~ was to provide for a win/win situation, and that is why he would suggest a tabling of the item or a continuance. Councilman Alongi asked if the City could enter into a separate agreement with the current owners of the Casino regarding their ability to perform all the steps and work a gradua~ed step in fees since they are the only cardroom in town and would affect no other business. City Attorney Harper explained that the only way to accomplished that action would be to amend the Code to revise the fee schedule. He explained that Council does not have the ability to modify an ordinance by agreement and ~he only way to impose fees is by ordinance. Councilman Alongi inquired if the Council amends the fee part of the Ordinance, does the Council have the authority ~o amend it back to the originaT draft. Mayor Washburn clarified that Council can adopt the Ordinance with changes and ~hen resolve what will be satisfactory to both parties. City Attorney Harper stated that if Council is going to consider an amended fee schedule in two weeks to a month, this Ordinance will not yet be in effect. Councilman Winkler askeci wha~ is meant by quarterly, since this Ordinance would not go into effect until after January. City Attorney Aarper stated that this ordinance defines quarterly as beginning January 1. Councilman Winkler stated that at that point the Casino would PAGE ELEVEN - CITY COIINCIL MINIITES - DECEMBER 14, 1993 have missed the first quarter and therefore would not go into effect until the second quarter; and this would not affect the existing Casino until April 1. Councilwoman Cherveny asked if it would be better to table the motion until the Ordinance is further reviewed and has a new revision to the fee schedule. City Attorney Harper stated that it would be a simpler approach, but it would be up to the Council. Larry Regis stated that he thought it went beyond the fees and included the things that the City thought would improve the appearance of the Casino and the facilities. He stressed the time commitment and an adjustment to the fee schedule to accommodate those items required by the City. City Manager Molendyk explained that with new developments in the community, Council is worried about the Casino~s performance. He further explained that the management and owner of the Casino are willing to sit down with staff and come to an agreement regarding the desired requirements of the City Council and Management and in turn the City would consider the reduction of fee in the first few years. He stated that the owner and management of the Casino are willing to comply, and if they fail to perform, then the City has the right to go back and put the fees into full force and they will be held responsible. Mr. Molendyk stated that the people from the Casino are more than willing to work with the City. Mayor Washburn asked about the existing motion. City Clerk Kasad stated that the existing motion was to adopt Ordinance No. 969 upon second reading. MOVED BY CHERVENY, SECONDED BY ALONGI A SUBSEQUENT MOTION TO TABLE THIS ORDINANCE. Councilman Winkler explained that if Council passes this Ordinance today, it will not go into financial effect until April 1. He stated that he was not opposed to a win/win situation for the community and the business, but he felt that the fee structure is necessary. Councilman Dominguez stated that if this Ordinance is passed, he feels that the Casino people should then meet with staff and not Council to resolve problems and address concerns. Mayor Washburn asked for clarification from Council as to whether Council is going to adopt the Ordinance as stands or whether the item will be tabled; in either case the City will work with the Casino to mitigate or resolve some of the issues. _ Councilwoman Cherveny stated that her main concern is, if the Ordinance goes into effect and then the Council wishes to change it after consideration and negotiation, then the amendment might not go into effect until after the next quarter becomes effective in fees and create a burden for the Casino. She stated that the City has waited this long and she didn't think that it would hurt to wait a bit lonqer. Councilman Alongi called for a roll call vote. PAGE TWELVE - CITY COONCIL MIN[TTES - DECEMBER 14~ 1993 THE FOREGOYNG SUBSIDIARY MOTYON FAILED BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WINKLER AND WASABURN CASTING THE DISSENTING VOTES. THE FOREGOYNG MAIN MOTION WAS APPROVED BY THE FOLLOWYNG 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. AYESe COUNCYLMEMBERS: ALONGY, DOMINGUEZ, WYNKLER, WASHBURN NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERSe NONE ABSTA%N: COUNCILMEMBERSs PIONE Mayor Washburn reminded Mr. Regis tha~ he should continue to work with staff for a revision of the fees. 32. Public Safetv - Probosition 172. (F:126.2) City Manager Molendyk e~tplained that recently the voters of tfie State of California approved Proposition 172, which specifically dedicates sales tax to public safety. The amount of money that comes back ~o the cities is based upon population and the amount that the City of Lake Elsinore will receive is approximately $108,000. Mr. Molendyk explained that there are alternatives such as fire and police services. Mr. Molendyk explained that there were several options in regard ~o Police servicesg such as Law Enforcement on the Lake, adding an officer, sharing the cos~ of the "DARE Officex" with the School District, or addinq three Community Service Officers. The Crime Watch Committee has requested that the City consider hiring a full time staff position to act as a liaison with the Police Department and the Court system. Mr. Molendyk advised that overtime for sworn police officers was also a possibility Y+Iayor Washburn then called on those persons who requested to speak as follows: Kevin Lanning, 1518o Grand Avenue, explained that in his opinion the staff position does not have to be a licensed professional, but rather could be a law student and the rate of pay could be approximately $30,000 which would save the City $18,000. He stated that $18,000 could purchase another police car. He thanked the City for their consideration of a staff person who will keep the citizens informecl. Mr. Lanning stated that he felt that due ~o the concern of City Council and their willingness to work toward a solution, the City will not be at the bottom of any list. Wally McQue, 33088 Case Street, pointed out that the FBI report placed the City of Lake Elsinore at a low rating, and he explained that he felt that tkaere was no more crime here than in any other city. He encouraged the Council to create the Staff Position to address crime. PAGE THIRTEEN - CITY COIINCIL MINIITES - DECEMBER 14e 1993 Councilman Winkler stated that he was not comfortable with sharing costs with the School District for the DARE Officer. He pointed out that at the arraignment stage, if the person pleads quilty, then the judge sets sentence with no knowledge to the public as to what the sentence is. It is necessary to have an interested person present to insure that the criminal is properly sentenced. He felt that it is important to have a constant dialog with the District Attorney and Perris Court Clerk to maintain current and accurate information. Mr. Winkler explained that he felt that it was very important for the City to follow the problem criminals, and watch every day, and if they are repeat violators or a first time grievous violation, he wants the judges, and the attorneys to understand that the City will not stand for improper judgment. He stated that this staff person can also keep lists of evictions and make them available to apartment managers to prevent the same element of person from moving from one point to another in the City. Mr. Winkler explained that with the Drug Nuisance Abatement Program, and the assistance £rom King Videocable "3", there is no reason why the City should not have at least one filing a week on that issue. He stated he would favor any proposal that would hire a staff person as soon as possible to implement all the programs proposed. Councilwoman Cherveny explained that she is not totally in favor of putting citizens on the street. She stated that the Apartment Owners Association tries to keep track of the evictions through a computer link, but it is a problem to qet the information from the Courts. She stated that she would rather help the Association enhance what they are doing rather than repeat what they are trying to accomplish. She stated that she does not have a problem with a staff person tracking crime and interfacing, but she felt that there is not one single solution to this problem. She commented that $48,000 is a little high to pay that person, and she would rather see a show of personnel out on the streets and free up the officers to allow them to accomplish what they need to do. City Manager Molendyk stated that the person must have a strong background in police science and have the ability to interface with the District Attorney and the various agenciese He stated that this would take a person with extensive experience or education. He stated that the person would need to act as a catalyst to get the proposed program off the ground. Yf Council does decide to implement this person, there would be required qualifications. Councilman Alongi stated that there is a need to stop the flow of crime first and then repair the problem as possible. He explained that if there is only repair, it does not stop the problem and he stated that crime needs to be stopped, whether it requires more police officers, Community Service Officers or private security officers; the objective is to stop the crime. He questioned ~he cost of the staff position and stated that the proposed staff person will be developing the program and it will need a lot of work. He questioned the wisdom of sending persons into court who will insist on jail terms, when it is known that people are beinq released from jail because there is no room. He stated that the tools need ~o be qiven to the Sheriff's Department to stop the problem PAGE FOURTEEN - CITY COUNCIL MINQTES - DECEMBER 14~ 1993 before it gets to the courts. He questioned the liability to the City providing information, and indicated he would like to see the money go towaxd policing the community. Councilman Dominguez stated that he was in favor of the liaison, stressing that the person ~hat will make this program work will be the person that is hired for the job. He explained that the program will have to be tried, before we know if i~ will work well or not. Iie stated that Council must look at the financial aspects and do the most that can be done for the money. He stressed that there is no way to know if tfie program will work until it is tried. Mayor Washburn stated ~hat he concurred with most of the comments and explained that the most important issue is a reduction of crime in the City of Lake Elsinore. Mr. Washburn stated that it is no~ just the officer on the beat, but it is also structure abatement, nuisance abatement and involvement of the community. He stated that he felt that a liaison, who clearly knows what his roll is, could reduce the amount of crime in the City of Lake Elsinore. &ie noted that it is difficult to bring all the issues together. Mayor Washburn further explained that if the crime bill passes in Congress, then the City will need someone who can focus on getting the fair share amount for the City. MOVED BY WASHBURN, SECONDED BY DOMIIdGUEZ TO APPROVE ALTERNATIVE ONE AS FOLLOWS: Alternative Y Two Black/Whites @ 36 hours X 6= 216 X Two gang @ 36 hours X 6= 216 X 5= 1080 8,640 X six months = 3,000 mileage 48,000 staff position 6,840 supplies, gas, equipment = 1080 X 4 = $ 4s320 X 4 = $ ~ 320 $ 8, 640 $51,840 3,000 48,000 6,840 Councilman Winkler explained that he had met witfi some of the people who are part of the Apartment Owners Association, and their proqram is just not working, He also stated that Judge Saradarian would like ~o help and wanted him to mee~ with his staff person. Mr. Winkler stated that it is not possible for him to do all these things, and the City needs someone who can follow up on all the needed items, He explained that he has talked with Tom Thomas from King Videocable 113", and that Mre Thomas will aggressively pursue a hard line on criminals. Mr. Winkler commented that the Crime Watch program is very effective, but they need more information and assistance. Councilwoman Cherveny questioned why Alternative Z is proposing to fund for only 6 months. Mayor Washburn explained that by ~he end of six months there would be a grant written for more money to fund. Mrs. Cherveny stated she would like to see a job description for the staff person, and some idea of what this person will be doing for $48,000 a year. She stated that she would rather see the City budget $24,000 for 6 months and use the rest for officers and see what can be accomplished. / i ,pUNCIL MYNIITES - DECEMBER 14, 1993 f i VOTE OF 4 TO 1 WITH ALONGI ;, representing Southshore ~willingness to work with the and indicated that it would or the lake front property COMMENT3~ANDOCITY OMP'NA ER COMMENTS WERE MO ED TO THE REDEVELO MENT AGENCY MEETING. CITY MANAGER COMMENTS None. CITY COONCIL COMMENTS None. CLOSED SESSION None, ADJO~ ENT THE CITY COUNCIL MEETING WAS ADJOURNED AT 9:05 P.M. A P~ESTa VICK~~AD~Y CLERK CITY OF,3~E EL~INORE il ~ , j-- ~, ~ I ....: , ~ _ <. 1 WASHBURN, MAYOR LAKE ELSINORE