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HomeMy WebLinkAbout10-22-1991 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 22~ 1991 *************************,t******************************,t********* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Treasurer Cherveny. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Servioes Director Watenpaugh, Public Services Director Tecca and City Clerk Kasad. PUBLIC COMMENTS _. Duane Patterson, resident of Elsinore West Marina, advised that he has taken his son out of school following an incident with four mexican youths threats on he and a friend. He read a letter ~ he wrote to the school district expressing this concern and explaining his concern for his son's safety. Mayor Washburn advised Mr. Patterson of Item #51 on this agenda and suggested that it might be of interest to him. PRESENTATIONS/CEREMONIALS A. Presentation _ Countywide Intearated Waste Manaaement Plans - Source Reduction and Recyclina Element SRRE .(F:163.1) Mike Perry, representing Kleinfelder, detailed recent legislation regarding source reduction, recycling and household hazardous waste. He also detailed requirements on City's and developers to mitigate increases in this waste. Mayor Washburn questioned a 1995 requirement for buy back of a portion of recycled materials generated. Mr. Perry clarified that this is a goal, but not a legislative requirement. Mayor Washburn requested clarification of the ~~County-wide~~ program. Mr. Perry explained that each City is required to develop a plan; that plan is submitted to the County and State. When all Riverside County cities have developed plans, the County then ties all of them together and develops a "COUnty-wide" plan. Councilman Dominguez oommented on the 45 day review period and the prior request that Council recommend citizens for an Advisory Committee in this matter. He suggested the Committee be formed to review the recommendations during that 45 day period. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 22, 1991 Mayor Washburn requested clarification of the 45 day review period. Mr. Perry advised that there are actually two review periods; during the first 45 day period, the plan is distributed to other cities and agencies for review and input. Following that, the final draft is developed and returned to Council for review and release to public hearing and the public hearings follow. City Manager Molendyk suggested that each Councilmember recommend on local citizen to serve on the Committee. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFF RECOMMENDATION AND AUTHORIZE THE DRAFT SOURCE REDUCTION AND RECYCLING ELEMENT RELEASE FOR PUBLIC REVIEW AND COMMENT AND PROCEED WITH FORMATION OF THE ADVISORY COMMITTEE. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 7, 8& 10. Councilman Winkler advised that he would be abstaining from vote on item #9. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - October 8, 1991. (F:44.3) The following Minutes were received and ordered filed: b. Planning Commission Meeting - October 2, 1991. (F:60.3) 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for September, 1991. (F:18.2) 3. Received and ordered filed the Investment Report for September, 1991. (F:12.5) 4. Ratified Warrant List for October 15, 1991. (F:12.3) 5. Adopted Resolution Confirming Annexation No. 53 - Wesco Homes; located on the East side of Stoneman and the South side of the Current City Limits - Resolution No~ 91-78. (F:20.2) RESOLUTION N0. 91-78 A RESOLUTION OF THE CITY COUNCIL OF LAKE ELSINORE, CALIFORNIA, ORDERING TERRITORY DESIGNATED ANNEXATION NO. 53, ANNEXED TO THE CITY OF LAKE ELSINORE WITHOUT NOTICE OF HEARING, AND CONCURRENT WITH DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT. 6. Adopted Traffic Control Resolutions 91-79 & 91-80 establishing No Parking Zones. (F:162.2) ~ RESOLUTION N0. 91-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. RESOLUTION N0. 91-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 22, 1991 ESTABLISHING PARKING RESTRICTIONS ON LINDSAY STREET DURING SCHOOL HOURS. 9. Approved public Hearing date of November 12, 1991 for the following (with a vote of 4 to 0 with Winkler abstaining): a. Tentative Financial Parcel Map 25638 Revision ~l = Bedford Proberties (NBS~Lowrv). (F:110.2) A request to revise Tentative Financial Parcel Map 25638 dividing the original Parcel 4 into a 133.8 acre parcel and a 51 acre remaining parcel and extending the right-of-way for Nichols Road to the easterly property line. This revision will create five parcels for financial purposes, located on I-15 and Nichols Road, gross acres: 251. This project is determined exempt pursuant to the California Environmental Quality Act. ITEMS PULLED FROM CONSENT CALENDAR 7. Award of Contract - Truck Sewer Phase 2; Machado Street, LeGaye Street and a portion of Soissons Street - Community Facilities District 88-3 - Riverside Pipeline. (F:22.3) Public Services Director Tecca gave an update of work proceeding throughout the City at present. He explained that this project is the second of three phases and will, when complete include curbs, gutters and paving on LeGaye Street. MOVED BY WINKLER~ SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT TO RIVERSIDE PIPELINE IN THE AMOUNT OF $460,000.00. 8. Award of Contract - Traffic Signals and Street Improvements - Railroad Canyon Road - DBX, Inc. (F:162.4) City Manager Molendyk pointed out the limited number of traffic signals in the entire City until recently. Public Services Director Tecca explained that this project will include a total of five traffic signals, road improvements and traffic signal sychronization. He also explained the sychronization technology and its capabilities. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT TO DBX, INC. IN THE AMOUNT OF $486,853.70. 10. Award of Contract - Storm Drain Line B-1, Phase I- Community Facilities District 88-3. (F:22.3) Public Services Director Tecca explained that this item is being rushed to beat the rainy season. He further explained that this major flood control project will extend the existing channel at Leach Canyon. Mayor Pro Tem Starkey questioned the pending projects and their impacts on the run-off into Huntsman Mobile Home Park. Mr. Tecca confirmed that they will resolve the concerns. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT TO HERITAGE ENGINEERING IN THE AMOUNT OF $636,770.00. PUBLIC HEARINGS 31. Formation of Community Facilities District 91-4 (SCenic Ridge). (F:22.3) MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO NOVEMBER 12, 1991. PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 22, 1991 32. Tentative Parcel Mab 26890 = A res Construction Company. (F:110.2) A request to consider approval for a three (3) lot residential subdivision, located on a 2.02 acre site at the terminus of Avenue 12 and south of Casino Drive. City Manager Molendyk detailed this request and offered to answer questions from Council. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:36 p.m. asking those in favor of this project to speak. The following person spoke: Mick Brown, The Keith Company, representing the applicant, offered to answer any questions. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:37 p.m. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP 26890 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL. Findinas 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in the General Plan. (Government Code Section 66473.5). 2. The City Council has considered the effects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 66412.3) 3. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (GOVernment Code Section 66473.1) 4. The City Council shall determine whether the discharge of waste from the proposed subdivision into the existing sewer would result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. If the Planning Commission finds that the proposed wasted discharge would result in or add to a violation of said requirements, the City Council may disapprove the Tentative map or maps of the subdivision. (GOVernment Code Section 66474.6) 5. The proposed subdivision, together with the provisians for its design and improvement, is consistent with the City of Lake Elsinore Subdivision Ordinance. Plannina Division Conditions 1. Tentative Parcel Map will expire two (2) years from date of approval unless an extension of time is PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 22, 1991 granted by trie City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Tentative Parcel Map shall comply with pertinent Conditions of Approval for residential project 89-8. Enaineerinq Department Conditions 3. Parcel Map 26890 shall be subject to all pertinent conditions of approval for Residential Project 89-8 and these conditions shall be satisfied at building permit or prior to final map approval as determined by the City Engineer. 4. The applicant must own and have title to the City property within the parcel map prior to final map approval. 5. Dedicate sufficient right-of-way (R/W) along Casino to provide a street R/W width of 80 feet. 6. The 8 foot offset along the southerly Right-of-way line of Mill Street shall be eliminated. 7. Al1 improvement plans and tracts shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disas which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing. 8. DELETED. 9. Any public right-of-way being abandoned as part of this map shall be shown as a vacated street on the map. 10. Mill Street shall be designed with a minimum 300-foot horizontal a smaller radius may be approved by the City Engineer if engineered properly. APPEALS 33. Appeal of Condemnation Action for 516 N. Main Street. (F:21.1) City Manager Molendyk advised that he has spoken with the applicant and suggested a continuance to allow him to work with staff on other alternatives. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO NOVEMBER 12, 1991. 34. Appeal of Plannina Commission Decision to denv a Minor Desian Review for a F_laa located in front of the Deleo Tile Buildina on the southwest corner of Collier Avenue and Chanev Street = Joe Deleo. (F:21.1) City Manager Molendyk advised that this request was denied by the Planning Commission. He further advised that the 408 square foot flag is to be constructed of clay tile. Mayor Washburn suggested formation of a committee to review the plan for the flag. Councilman Buck advised that he has seen the flag and agreed that a committee approach was in order. He suggested that additional landscaping and quality control is necessary to make it aesthetically pleasing. PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 22, 1991 Mayor Washburn suggested that this item be continued. MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE NOVEMBER 12, 1991 MEETING AND HAVE A COMMITTEE OF BUCK AND WASHBURN MEET WITH THE APPLICANT. BUSINESS/DISCUSSION ITEMS 51. Special Taxes for Public Safetv. (F:127.1) Administrative Services Director Boone reminded Council that at the September 20th meeting, BSI was authorized to proceed with a tax formula that would produce the necessary revenue to meet the goals of the Riverside County Sheriff's Department. He detailed the findings based on population projections which range from an annual tax rate of $458.00 per benefit unit in 1992/93 to $889.00 per benefit unit in 1996/97. He explained that the benefit unit was based on the single family residential unit and other land uses as provided by the County Assessors Office. He further explained that the have determined there to be 10,525 benefit units, which is the constant used for this presentation. He advised that the $458.00 to $889.00 range seemed high with the current economic condition, so they tried another example based on a$20.00 a month assessment which was portrayed in charts on the board. He explained that the $20.00 figure 20.00 a month compares to $.65 a day, $4.55 a compares to $.65 a day, or $4.55 a week; this will produce in. excess of $2,500,000.00. In addition, the City's General Fund would provide another $2,400,00o which is the current level of funding to produce the necessary $4,900,000; this figure would allow for an increase from 22 officers to 52 officers. Mr. Boone advised that questions have been raised with regard to a Senior Citizen Discount. He advised that there is a 50% rebate to Seniors on the City~s Lighting and Landscaping District and advised that a resolution can be passed to provide for the same on this tax. Mr. Boone introduced Jeff Cooper from B5I to further detail the findings. Mr. Cooper explained the charts displayed, the preliminary tax methodology and the differenoe between a Benefit Assessment District and this tax. He further explained that this tax formula is based on the single family home and the data is based on the Citywide Lighting and Landscaping District. Mr. Cooper also explained the funding breakdown stating that the single-family residence will be equal to one benefit unit, one mobile home would be one benefit unit, commercial/industrial is twice the single-family based per acre (one acre e~uals two single-family residences) with a half acre or less equal to one single-family residence and a maximum rate of twenty benefit units per parcel. Vacant land will be divided by ten. Utility parcels will be treated the same as industrial/commercial property. Mr. Cooper summarized by stating that the whole purpose of this breakdown is to generate the income necessary for the services needed by the public. City Manager Molendyk then asked Captain Reynolds to address Council regarding the proposed increase in service. Captain Reynolds stated that there is a need for more service and that regardlESS of the economic situation the same law PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 22, 1991 enforcement and fire problems are qoing to continue to occur and this situation must be addressed now. He detailed what an increase in personnel would mean to the public. Mayor Washburn then called on Mr. Tom Thomas who served as the Chairman of the Public Safety Committee to address Council. Mr. Thomas stated that all six members of the committee learned a great deal regarding police services and their findings were that the City of Lake Elsinore is getting very good service for what we pay, but it is not enough. The committee's recom~endation was to increase services as much as possible. He further stated that this is a situation where the public can see their tax dollar at work. Mr. Thomas explained that the cost is reasonable when the improvement of the quality of life in the City will greatly benefit from that expenditure. Mayor Washburn then asked invited Ms. Jeanie Corral to address Council. Ms. Corral stated that she has lived in Lake Elsinore for more than twenty-five years and understands the growth problems that have occurred. She further stated that she approves of what the City is trying to do, but would ask that Council consider the cost to the long time residents who are on fixed and limited incomes. Mayor Washburn then asked Ms. Tere Cherveny to address Council. Ms. Tere Cherveny stated that currently the City uses twenty-five percent of the General Fund for public safety and that in the next five years may have to increase the amount allowed to thirty percent of the General Fund for public safety. She further stated that there should be a time limit set on this tax. She also stated that if the cost increases the level of service than it is worth the expenditure to improve the safety of the Community, however she would like to see some additional facts in regard to what the money would provide. Mayor Washburn then asked Mr. Brown to address Council. Mr. Gary Brown stated that he has been in business in the City of Lake Elsinore for sixteen years and he agreed that he would like to see some firm figures as to what the increase in cost would provide to the public. He stated that in his business he works with the Sheriff's Department a great deal and he is in support of an increase to provide better service. He further stated that the Sheriff's Department is doing a great job with the resources available, but it is just not enough. Mr. Brown stated that he is in full support of a tax to improve the safety of the Community. Mayor Washburn then asked Shelly Owen to address Council. Ms. Shelly Owen stated that she has been in the area for six years and has observed a lot of crime in her area and that the police response time is slow because there is not enough manpower for the area. She encouraged Council to implement this tax to improve and increase police protection to make this City a safer place to live. Ms. Cherveny then asked Mayor Washburn what the time frame is in regard to implementing this program. Mayor Washburn requested Captain Reynolds input on this question. PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 22, 1991 Captain Reynolds stated that, depending on the level incorporated, in would take from three to nine months to implement service after the funds are available. He explained that it takes that long to recruit, train and shift personnel to implement the increase. Personnel must meet the standards required for competent officers which means training to provide the level of service expected by the Department. Mr. Brown questioned the distribution of officers. Captain Reynolds stated that staffing is figured on a twenty-four hour clock and sent to the areas most in need. The resources provided will add support to the patrol units and free them for services needed by the community. The non-sworn personnel will be able to pick up a percentage of the service that the officers are now having to do and this will free the officers for necessary patrol and faster response time. Ms. Laverne Malene asked Council if this would be for the Sheriff's Department or for a City Police Department. Mayor Washburn explained that this money would be for increased service for police and fire protection. At this time it has not been decided if it will be the Sheriff's Department or implementing of a City police department. Ms. Malene inquired if a City police department would cost more. Mayor Washburn stated that in his opinion it would. Ms. Malene stated that she would lika to see us continue to contract with the Sheriff's Department and receive more service for the dollar. Mayor Washburn explained that was the Public Safety Committee's feeling as well. Mayor Washburn then asked Mr. Cooper what the charge would be for Recreational R.V. Parks. Mr. Cooper stated that this could be treated as commercial which is the two units per acre or made a special designation, however, he stressed the need to keep the issues simple for the ballot. Mayor Washburn asked if the level set for the ballot is what must remain or if Council can change the level of charge for service. Mr. Cooper stated that the tax is set up for a specific time to go to a ballot for renewal. The amount of time is what is presented to the public. He further stated that an increase or decrease can be built into the item. He clarified that as there is more development there will also be more tax revenue. Councilman Winkler stated that the revenue would be increased both through the assessment and the general property tax with the expected growth. Mr. Cooper stated that every five years when the tax expires it can be taken xack to the voters to increase or decrease the amount of tax dependinq on what level of service the public wants. Mayor Pro Tem Starkey commented on the time limit on tax and PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 22, 1991 what the public desires in regard to service. Mayor Washburn explained that at the League of California Cities he learned that the responsibility of the level of service that the public receives is up to the public. It is not the job of Council to dictate to the public, but rather take it to the public and then give them what they want. He further stated that what he has learned is that the different communities in California are looking for neighborhood policing, and not the style of policing that there has been in the past. Mayor Washburn also explained that there will be town hall meetings to have the public inform the Council as to what they want. Councilman Buck stated that the level presented tonight is what Captain Reynolds was asked to come up with, but after the town hall meetings Council may find that the public wants a higher standard than what has been presented. He further questioned Mr. Cooper in regard to maximum assessments. Mr. Cooper explained that once the program is set at $20.00 per month, that would be the maximum. He further explained that for any other reason there is income generated by the City, the taxes can be lowered, but $20.00 a month is the maximum. Councilman Buck commented that now is the time to get to the problems we have been having and to address the situation now and not to play catch-up like we have been doing. He further commented that twenty-five percent of all the revenue generated in the City will be going back into police protection. Councilman Winkler stated that we have a program which goes from 15 dedicated sworn officer positions to a proposed dedicated sworn officers positions of 40, He further stated that this gives the police department and the voters an opportunity to be proactive instead of reactive. The General Fund amount will stay in place along with the tax amount received. The tax is to augment the General Fund. Councilman Winkler further explained that he is willing to work toward funneling all extra funds into public services and giving relief to fixed and low income persons. Mayor Pro Tem Starkey stated that Council will make sure that there will be ample advertisement as to when these town hall meetings will be held, but it is very important for the public to come and give their input as Council will use this as the guideline to present the needs of the community on the ballot. Councilman Dominguez stated that Council is just initiating action for funds for police and fire, but this will have a great impact in regard to whether we have our own Police Department. He further stated that he has spoken with a retired police officer who stated that a City with its own police department can operate at twenty percent less ongoing cost and at the same basic wages and the same lavel of service. He also stated that it would take approximately five years for the initial investmant to balance with the level of service we have now. Councilman Dominguez explained that there is a direct impact on the community in regard to enforcement, attitude, response and more local direction and control. A local department would have officers committed only to the City, only local representation and only local duties. Councilman Dominguez stated that he feels with the officers currently used in the City, the majority are inexperienced and he stated that he feels the City is used as a traininq area for officers. PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 22, 1991 Mayor Washburn stated that Council thought that they had control of the situation of public service and it was promised that the level of service be increased and it was, now it is not enough. He further stated that he feels that there is a vital need for town hall meetings and there is a need for input from Neighborhood watch Captains and various other members in the community. Mr. Cooper reminded the Council that the deadline for the resolution to request an election with the County of Riverside is January 8, 1992, which would be for the April Election. BSI had proposed to have the final adoption of the ordinance/resolution in either late November or early December. He further explained that if Council wished to go to a June election a few months could be added to that target date and it would be up to Council if they chose to have their town meetings before or after the resolution is passed. Mayor Washburn commented that it would be wise to have both items addressed for the town hall meetings. Mr. Cooper confirmed that if the Council decides to have a June election that can be done. City Attorney Harper commented that that all Council has to do is pass a resolution requesting consolidation of the election and an ordinance setting forth tHe language, and that realistically that would mean making a decision at the absolute latest for an April election by mid December. There is no need to adopt the Ordinance by November. He advised that a June election obviously buys an extra couple of months and that in his experience it is time is well spent in town hall meetings or other similar campaigns to inform the public as to what Council is going to propose. This will give Council some idea if $20.00 is an acceptable level plus and what the desired service level is. A subsequent town hall meeting after the Counoil has made a decision about where it wants to go is also a good idea. Mr. Cooper explained that before the first town hall meeting it would be helpful to have input from staff and the Council on the preliminary tax methodology so that if there are any problems, concerns or suggestions they can be worked out before the first town hall meeting. After the meetings if it affects the direction then the course can be changed. Councilman Winkler stated that he liked the figures presented and he suggested that the Mayor invite some representatives from some of the different clubs such as Rotary, Kiwanis, Neiqhborhood Watch and the Public Safety Committee to give input. Mr. Winkler commented that when there was a public oall in on King Videocable Channel 3 to the Public Safety Committee it was very effective. He suggested that Council could do a similar project with advertising and announcements at Council Meetings to get further input from the public. Captain Reynolds clarified his earlier comments by stating that the program would give 40 officers on the street and behind the officers are the support that comes with the contract. He further clarified that for every seven deputies you have a sergeant and an investigator. For every twenty-one deputies there is a lieutenant and for all the deputies there is the position of Captain. Captain Reynolds stated that there are more than the sworn officers to consider and these factors need to be presented to the public. Councilman Buck stated that he would like to comment on Councilman Domincuez's concerns regarding an option the public PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 22, 1991 should have as to whether the public would want their own police department or to continue to contract with the Sheriff's Department. He further stated that he doesn't see a problem with presenting this issue to the public. Mr. Buck stated that there has never been a study that has said that it would cost more to have a City police department rather than contracting with the County. He feels that this should be addressed. There was a one paragraph statement on a study done last year, and it was stated tonight that it was more costly to have our own police department rather than contract, and he requested more information in which to present to the public. Mayor Washburn stressed that the Public Safety Committee's final analysis was that it was more economical to continue with the Sheriff's Department as the City received more for their dollar. Councilman Winkler stated that in the study that was presented to Council there was information provided that showed not only the cost of the structures, but also the cost of overhead of personnel that the City would need was hire. Some of the consultants which were used for the study were made up of past police officers as well as a local police officer. This report is fairly recent. At this time all the overhead costs, are included as part of the contract. He further stated that Desert Hot Sprinqs went to their own police department and then went back to the County because they could not afford to maintain salaries nor could they afford to compete with other police departments or the Sheriff's Department and they lost all their qualified officers and had nothing but a high turn-over. There are several cities in Los Angeles, Orange and Riverside Counties who have gone from their own police departments to contracting due to cost. He further stated that he felt that it would be a mistake to confuse the issue on this ballot and felt that one issue should be addressed. More money for more police protection. There is a four year time limit and this would create problems if at the end of four years the public choose not to continue the tax and the City had started its own police department depending on that tax money to support the services to not only maintain the personnel but also the facility itself. Mayor Washburn stated that he felt this should not be an issue of the City~s own police department versus contract, it is important to provide the service that the community needs and wants. Whether its a hired officer or a contract officer as long as the proper service is provided, that is the issue. Councilman Dominguez addressed a report that was submitted from the Public Safety Committee. He stated that the level of service was brought to their recommendations and the City still doesn't have what it needs. Councilman Winkler oommented that he didn~t think that there has been any report from any committee or Captain Reynolds that said that any amount of people they:ware asking for would address the issue and become proactive. At budget time it was decided to get as much as we could for our dollar and that is why we are going to the public. The City Budget cannot provide enough ta be proactive. Councilman Dominguez questioned what is to be done if the issue arises in regard to having our own police department. Councilman Winkler stated that he would present the consultants report that shows the increased costs to provide our own police department and if the public passes the monies PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 22, 1991 and we or the next council finds a way to bring in our own police department, for whatever reason, at least they will have the money to do it. Mayor Pro Tem Starkey stated that he was sure that some of the questions presented tonight will be asked at town hall meetinqs and the inPormation is available to answer these questions, and if the consensus is that the public wants its own police department then the tax will have to be set accordingly. Mayor Washburn stated that it is the consensus of Council to continue this item and get input from the community then bring it back to Council for review and decision. 52. Second Readina _ Ordinance No. 925 - Relatina to Buildina Securitv Provisions. (F:32.3) Councilman Winkler advised that after meeting with staff and the local development community, it was the consensus that the portions of Ordinance No. 925 pertaining to installation of alarm systems should be deleted. He further advised that he would also recommended that this area be given further consideration in approximately three months. MOVED BY WINKLER, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 925 WITH SECTIONS 15.28.050(17) AND 15.28.060(16) DELETED. City Attorney Harper advised that due to the proposed changes to the Ordinance, this is really a first reading and it will need to return at the next meeting for its second reading. ORDINANCE NO. 925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 15.28, BUILDING SECURITY PROVISIONS, TO THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERSs NONE 53. Discussion of Issues Related to Loiterina Ordinances. (F:40.3) City Attorney Harper explained that he was asked by Council and staff to prepare a general analysis of the issues related to loitering ordinances since there has been some question in regard to the status of the loitering ordinance in the City of Lake Elsinore. He stated that he had submitted a report in the Council Agend.a packet and to summarize he defined the meaning and general understanding of the term as ~~a group of two or more people standing in one spot in the public right- of-way,i.e. a sidewalk, without any particular business.'~ He further explained that since the late sixties and early seventies, prohibition of that type of activity has generally been unconstitutional. A city can regulate conduct which is a crime, but a city cannot prevent people from assembling and/ or prevent people from occupying public property. He also explained this doesn't mean you can't regulate activities which are annoying to the public and the City oan prosecute PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 22, 1991 crimes related to loitering such as theft, malicious mischief, and those types of crimes. Mr. Harper stated that there is nothing that addresses, what a lot of communities perceive to be a loitering problem. In all of Southern California no one has come up with a solution to solve the problem. The most recent court decision, a Federal Court of Appeals struck down a statute of the penal code section in the State of California, which has been found to be constitutional in the past. He further stated that given homeless problems and other problems this area is one of the most hotly litigated in the country. There are no real standards other than you can't prohibit the conduct of standing on the public right-of-way. Most cities that perceive that they have a problem, have taken approaches which move the purpose of the loitering to some other location. Those cities like Orange and Encinitas for example, which feel have a problem with day workers, have tried to move day workers to a specific part of town by making it more attractive for them to be there. Also by assisting them to secure employment. Those cities which have a problem with homeless, which is also in the loitering problem, try to address the problem by making shelters. The bottom line is that Lake Elsinore nor any other city can legislate against the loitering itself, but can legislate against the crimes that might be associated with loitering. Mr. Harper commented that Council and staff have spent a lot of time trying to come up with plans which would solve any potential or existing problems which the public perceive as loitering, but, it is impossible to pass an ordinance stating that a person cannot stand on the corner of one street and another between certain hours in the morning, is not only not ; going to solve the problem, but it is unconstitutional and subjects the City to substantial liability. Mayor Washburn inquired whether there were other alternatives to deal with the problems. Mr. Harper stated that larger cities have given up, but smaller cities have a better chance of solving the problems by addressing the causes. For example making it unlawful for a contractor to stop and pick up workers on Main Street by addressing markings and making it illegal to stop or park or do business during certain hours of the day might be a potential solution and disCOUrage certain activities on Main Street and move them some other direction. The negatives are that some of the residents of Main Street will not be happy with this. He further suggested that this might be the time to organize a citizens group to address what they might perceive as serious problems at this time, through service clubs and others trying to resolve the problems. Staff has been working in that direction for quite some time. City Manager Molendyk stated that staff has spent a great deal of time on this for the last two years, but the City is very limited on legal solutions. Mayor Washburn stated that it is unacceptable to continue to exist with the loitering problems. He further stated that it is up to Council to help solve the problems within the bounds of the constitution, and there must be solutions to regulate the problem areas. He also stressed that this is not just a City Council problem it is a social community problem and must be resolved as such. PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 22~ 1991 City Attorney Harper explained that he and other City Attorneys throughout 5outhern California are constantly exploring potential avenues to solve the problems. It is a significant topic and hopefully there will be some guidance from the courts which will enable attorneys to draft an ordinance to address loitering. CITY MANAGER COMMENTS City Manaqer Molendyk commented on Council's goals over the past ! few years to increase the number of parks for the City residents. He advised that another new park is now being completed with cooperation from Centex Homes, it is adjacent to Terra Cotta School and has been named Summer Lake Park. CITY COUNCIL COMMENTS Councilman Winkler inquired when the sports lighting at Terra Cotta School Park would be operational. Community Services Director V7atenpaugh advised that the power supply is contingent on the Grand Avenue Improvements; and Southern California Edison is currently working on the lines. Another portion of the improvements are contingent on channel work in the area. Mayor Pro Tem Starkey advised that he was happy with the attentive audience present at this meeting, and stressed the importance of the issues being discussed and the many things occurinq in the City currently. Mayor Washburn advised that he has met with the Board of Realtors regarding the '~Point of Sale" inspection ordinance. He further advised that the Board is currently objecting to the ordinance, but have agreed to a voluntary program; if that voluntary program doesn't work, they would support the mandatory program. He also advised that a R-3 Code is being developed to make inspections mandatory. Mayor Washburn also questioned recent correspondence relating to the Ellis Street abatement. City Attorney Harper clarified the effect of this information. City Attorney Harper requested a closed session to discuss potential litigation. THE CITY COUNCIL MEETING WAS RECESSED AT 9:50 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:01 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 10:01 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL RECONVENED AT 10:20 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL EETING AT 10:21 P.M. ~ VV~VV`~ GARY . WASHBURN, MAYOR CIT F LAKE ELSINORE 'PTEST: ~~ I~IL.?~~AD, CIT'Y CLERK ~ CITY OF LAKE ELSINORE