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HomeMy WebLinkAboutItem No.1CMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 9, 1993 ! t! t#**#####! tA#### R!!*!!!! tt* t##* Att *A!t *!! #!!t! * * #tttt * * * *tttt# CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. 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, AQministrative Services Director Boone, City Planner Christen, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS /CEREMONIALS A. Proclamation - Molly Lopez. Mayor Pro Tem Dominguez read the Proclamation and presented it to Miss Lopez. Miss Lopez thanked the City Council for this recognition and their support. She commented on her past experiences with Student Government Day and the motivation it has given her to pursue her interests. PUBLIC COMMENTS - AGENDIZED ITEMS None requested. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint Work Session - City Council /Redevelopment Agency - January 19, 1993. ACECc !A IT NO. 1 O n PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 9# 1993 b. Regular City Council Meeting - January 26, 1993. 2. Received and ordered filed the Building Activity Report for January, 1993. 3. Received and ordered filed the Code Enforcement Activity Report for January, 1993. 5. Ratified Warrant List for January 29, 1993. 6. Rejected and referred to Claims Administrator the Claim submitted by Earlie Clendion (CL #93 -1). 7. Approved Subordination Agreement with Alberhill /Bank of America. ITEMS PULLED FROM CONSENT CALENDAR 4. Structure Abatement Activit Councilman Alongi questioned the status of the abatement process on the Ambassador Hotel and whether it had been removed from the program. City Manager Molendyk indicated that it had been brought up recently by the Council that this building should be considered a historical building. He requested clarification of Council's direction on the building and how staff should proceed. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR JANUARY. 1993. Mayor Washburn commented on the history of the abatement program and its success to date in upgrading the older buildings of the community. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. BUSINESS ITEMS 31. Award of Contract for Thrie Beam Barrier - Robb Road at Coal Road - Modern Alloys, Inc. City Manager Molendyk explained this item, noting that there would be a 50/50 split of costs between the City and the Edison Company. Mayor Washburn requested clarification of the name of the company being awarded the contract. Public Services Director Tecca indicated that the contractor would be Modern Alloys, Inc. and clarified that a " Thrie Beam Barrier" is a standard Caltrans term. Mayor Washburn inquired how well the curve would be lit. Mr. Tecca indicated that there would be one high pressure sodium light per power pole, producing substantial lighting. City Manager Molendyk noted the concerns with accidents in this area damaging power poles and major transmission lines interrupting power to the west end of the City. Councilman Alongi inquired who would be paying for the street A2Ei;J'r, 1YE -k r N0. 1 ' Ch/0 PAC=E X OF 10 PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 lights. Mr. Tecca indicated that Southern California Edison will provide the lights and 1/2 of the guard rail costs. He reemphasized the damage to power poles caused by serious traffic accidents. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO AWARD THE CONTRACT FOR THRIE BEAM BARRIER AT ROBB ROAD /COAL ROAD TO MODERN ALLOYS, INC. IN THE AMOUNT OF $38,372.50. 32. Councilwoman Cherveny commented that this was a non - budgeted item, but the revenue is from an excess of Gas Tax Funds. 1993. City Manager Molendyk explained this item and noted that it would be a "major" activity rather than a "minor" one and advised that the appropriate changes have been made, and additional fees paid. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE OUTDOOR ACTIVITY PERMIT 93 -2 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS LISTED BELOW. Councilman Alongi commented on this activity and noted that it has been going on since 1984, and the lease has just been extended for 3 years. He noted the conditions placed on the original Conditional Use Permit in 1984 and stressed the "temporary" nature at that time. He also noted that the events have been expanded beyond the standard Rodeo activities. He commented on the change from a "major" activity to a "minor" one and indicated even though the changes have been made and the additional fees made the Code still calls for consideration 60 days in advance of the event. He suggested that the Council look at other arrangements with "major" status, and requested a work session as soon as possible to determine whether a Conditional Use Permit or increased capital improvements should be required. He indicated that this is owed to the residents in the area of the Rodeo grounds. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Findings 1. The proposed outdoor Activity Permit is a temporary use and is a Class 4(e) exemption under the California Environmental Quality Act (CEQA). 2. Adequate conditions and safeguards pursuant to Section 17.98.060 of the Lake Elsinore Municipal Code have been incorporated into this approval of the Minor Temporary Outdoor Activity Permit to insure that the use is carried out in a manner envisioned by these Findings for the term of the temporary use. 3. The proposed temporary use will not be detrimental to the general health, safety or welfare of persons residing or. working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or City. AC tT. PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 Conditions 1. Prior to the start of any grading, the applicant shall obtain all necessary grading permits from the City. 2. Prior to the commencement of operations, the applicant shall submit all binders of Liability Insurance naming the City of Lake Elsinore as additional insured. 3. Prior to the commencement of operations, the applicant shall obtain all applicable building and electrical permits from the City for the inspection of all structures and electrical equipment. 4. Prior to the commencement of operations, and no later than February 26, 1993, the applicant shall call the Building Division for a full site inspection. 5. Prior to the commencement of operations, the applicant shall comply with the following requirements: a. Meet all applicable Health Department requirements. b. Obtain all required health permits for food service by February 26, 1993. C. Provide grease holding and disposal method to the County Health Department by February 26, 1993. d. Clean and screen food booth by February 26, 1993. e. Provide adequate drinking water facilities for the public by February 26, 1993. f. Provide adequate public restroom facilities for both male and female by February 26, 1993. 6. Prior to the commencement of install improved lighting at provide additional lighting street by February 26, 1993. 7. Prior to the commencement of submit clear and chalk the p by February 26, 1993. operations, the applicant shall both sides of the crosswalk and to the parking lot across the operations, the applicant shall irking aisles and emergency lane 8. Prior to the commencement of operations, the applicant shall submit plans illustrating parking aisles and provisions to maintaining traffic flow. 9. Prior to the commencement of operations, the Applicant shall post "No Alcohol" signs in all parking areas. 10. Prior to the commencement of operations, the applicant shall indicate the location of the First Aid Station/ Information Booth. 11. Prior to the commencement of operations, the applicant shall submit information to the City by February 26, 1993, that a, security agency will provide at least ten (10) employees, and that there will also be volunteers for traffic control and PACE Li G PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 91 1993 these personnel will be issued orange vests. In addition these personnel are to be informed of the basic operations of the parking layout and Traffic Control Plan. 12. Prior to the commencement of operations, the applicant shall clear and grade the carnival area of all rocks and ensure that all electrical cords are covered. 13. Applicant shall maintain a cellular telephone for emergency use (Temporary telephone booth). 14. Parking shall be prohibited on both sides of Franklin Street adjacent to the event. Temporary "No Parking Any Time" signs shall be posted on barricades placed not more than 150 feet apart between a point approximately 1,000 feet west and east of the entrance. These are to be maintained for the duration of the event. 15. The entrance to the parking lot, or lots, shall be clearly marked so that all motorists will know where to enter and exit the parking lot. 16. If the open area across Franklin Avenue is to be used for parking, the Franklin Avenue side is to be roped off so that pedestrians are funneled to cross only at the crosswalk. If a large number of pedestrians are generated at any time, some sort of attendant traffic control will be required to stop vehicles when pedestrians need to cross the road. 17. All signs and barricades are to be provide, installed and removed by the applicant. Removal shall occur no later than the following day after the event. 18. The applicant shall remove all trash and debris that results form the event, and from the street right -of -way on Franklin Avenue and on Casino Drive. 19. Grading of the rodeo ground shall be minimal and no alteration of the existing contours shall be permitted. 20. Prior to the commencement of operations, the applicant shall comply with the following provisions: a. Provide access for emergency vehicles. 1. A designated 12 -foot fire lane around the perimeter of the carnival grounds shall be maintained at all times. 2. Provisions must be made for the ingress and egress of emergency vehicles to and from the rodeo grounds due to the possibility of vehicular traffic backing up disabling emergency vehicles to access. 3. All brush, weeds, litter and similar combustibles shall be cut and removed from all parking areas no later than February 26, 1993, and a thirty -foot (301) wide disked area shall be provided around the entire perimeter of all parking areas. 4. Prior to the commencement of operations, the applicant shall request a fire safety inspection conducted by the County Fire Prevention Staff. t GE'�G.� ('ES = t"o C P 'I.CE 5 0 r—LC PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 91 1993 21. Upon approval of the Minor Temporary Outdoor Activity permit, the applicant shall present proof that he /she has complied with all conditions herein contained to the Planning Division no later than 3:30 p.m., February 26, 1993. 33. Lake Aeration - Temporary Use Permit. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONCUR WITH REDEVELOPMENT AGENCY ACTION ON THIS ITEM. 34. Planning Commissioner Appointment. Mayor Washburn explained that there was currently a vacancy on the Planning Commission because Commissioner Sellevold had resigned to relocate out of State. He advised that seven applications were received from Larry Bowen, Jeff Brown, Will Buck, Bill Duncan, Robert Magee, Robert Schiffner and Al Wilsey. He advised that he had been in contact with a number of the applicants and based on the applications recommended Al Wilsey be appointed to the current vacancy. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE APPOINTMENT OF AL WILSEY TO THE UNEXPIRED PLANNING COMMISSION CONTINUING TO JUNE, 1994. PUBLIC COMMENTS - NON- AGENDIZED ITEMS Tom Hundshamer, Chamber President, 132 W. Graham, thanked the City Council for approval of the Bull Riding event; and noted that they will be applying for a Conditional Use Permit and suggested that capital improvements be discussed at that time. He further noted that the permit should have never been left to lapse. He detailed the upcoming Chamber Calendar of Events including the Winter Carnival - February 11 -14, Mixer - February 25th, Bull Riding Event - February 28th and a Golf Tournament - March 4. He encouraged the public to participate in these event. Donald Foster, 29250 Northpointe, addressed the recall election, noting he is a recent resident, but has followed the progress of the Community for quite some time and based on the progress choose to relocate to the City. He stated his opposition to the recall indicating that the Mayor was duly elected and should be allowed to serve his full term. He noted points of agreement and disagreement with recent Council issues and suggested that there cannot be agreement on every issue before them. He reminded the Council that the future of the Community depends on their ability to work together and proceed with business. Chris Hyland, 15191 Wavecrest Drive, advised that she does have documents to back up the statements which have been made about Councilmembers. She read from a document obtained from the Federal Bankruptcy Court in Los Angeles, which was a declaration indicating that Mayor Washburn was a broker rather than a sales agent. She indicated that it was not possible to correct a perjury and expressed concern with the continued service by Mayor Washburn. She addressed the recall underway and criticized the Mayor's efforts to fight it. She questioned statements pertaining the possibility of losing the future ownership of the Lake. Chris McColley, 29072 Palm View, supported the Mayor and opposed AGEN A 1 . ut.. PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 the Recall. She detailed her involvement with regard to a project being planned and the comments received from recall proponents indicated that the project was a done deal because payoffs had occurred. She further detailed her contact with the City Council and their willingness to involve her in the process and allow here input. She indicated that she feels Mayor Washburn is interested and concerned with the welfare of the community and holds similar views and goals to a large number of the residents. She suggested that the residents turn negative energy toward efforts to better the community. Gerald Cherveny, 1409 W. Sumner, advised that he is Councilwoman Cherveny's husband but is stating his own opinions. He addressed Councilmembers Dominguez, Washburn and Winkler regarding the removal of Councilwoman Cherveny as the Redevelopment Agency Chairwoman. He stressed Councilwoman Cherveny's efforts to participate in the political process, get information out to the Community and make here political views known. He stressed that the Council would not be able to intimidate Councilwoman Cherveny or any other residents of the Community. Bill Duncan, 29700 Hursh, advised that he is the proponent of the recall against Mayor Washburn. He addressed comments by the Mayor regarding the recall supporters and suggested that the Community needs to proceed with the recall to correct negatives regarding the Lake, the Levee and high bond debt. He stressed that the recall proponents care as much or more about the future of the Lake. He stated that the residents have shown their desire for change with the recent election, and continued to indicate that the removal of Chairwoman Cherveny brought out the need for additional changes. He commended Councilmembers Alongi and Cherveny as being a "breath of fresh air" for the Council. CITY MANAGER COMMENTS City Manager Molendyk commented on the recent Sheriff's Department Awards Ceremony and noted that the Lake Elsinore Station received three awards and suggested that Council might want to give local recognition. City Manager Molendyk announced the need for a Joint Closed Session to discuss matters of potential litigation. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) He would not addressed the Recall. 2) Took exception to the comments of Mr. Foster regarding Low Income Housing, noting the misunderstandings associated with this concept. 3) Investigation by the Fair Political Practices Commission, on which the case has been closed. 4) Future development on TeePee Ranch property which will include a gas station and shopping center, noting that he had no contact with this project. 5) Attendance at the Sheriff's Awards Ceremony, noting that three local people were recognized and suggested a congratulatory letter be sent out. I•' AGEN -A -= 5 r ^, c PPIC -: a C;F_ ii v /^- PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 91 1993 6) Acknowledged two letters received regarding the Environmental Impacts of the Laguna Heights Project and the Walmart Project. He noted that the Council is aware of and considering the environmental issues with Laguna Heights; and suggested that prior to comments on Walmart, residents should attend the meetings and find out the facts of the issue. 7) Recent meeting held to plan projects for next year's C.D.B.G. funding. 8) Corrected previous statement indicating that the L.E.A.F. report presented each month includes only statistics for services to the City of Lake Elsinore 9) Chamber of Commerce issue, noting his concern is because the general plan zoning for that site is now high density rather than commercial. He further noted that he doesn't feel in conflict even though this is in his area, because it impacts all of the residents in the area. Councilwoman Cherveny commented on the following: 1) The signals at Robb /Grand /Lake /Lakeshore intersection and questioned when they would be operational; also status of traffic signal on Mission Trail. Public Services Director Tecca detailed the work remaining for the Robb /Grand /Lake /Lakeshore intersection and advised that the traffic should be split and the light operational by March 1st. He further explained that the contractor for Mission Trail had blown a transformer for this signal and subsequently had to replace not only the transformer, but also a high power transmission line. He indicated that light should be functional by February 10th. 2) Save our Kids, indicating they are working on a fundraiser Yard Sale and would appreciate assistance from someone with a pick -up truck. 3) Misinformation regarding transfer of the Lake, noting that regardless of the outcome of the March 30th Election, the Council will continue to ensure the best efforts to complete the transfer. 4) Comments of Ms. Matthies at the previous Council meeting, advising that the Lake would not be free and detailing the associated costs for the Lake Management Project and future operations. She further advised that efforts are being made to develop an acceptable economic plan. Councilman Winkler commented on the following: 1) Comments of Mr. Foster, noting the disagreements with issues important to each Councilmember and thanked him for his comments, advising he would personally reflect on them. 2) Differences between Councilmembers on the previous Council and the ability to continue to work together and with the water district in spite of those differences. He noted that he did support the re- election attempts of all three Councilmembers even though some deep wounds had occurred. AGENDA 17E < J. -C-L ( PAW O 0,7_J O PAGE NINE - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 3) Negative force in the Community, noting that seven years ago when he originally ran for election, those with positive approaches were the top three vote getters. He noted that the previous Council had chosen not to respond to much of the negative information provided and in turn lost the election. He stressed that Mayor Washburn has responded to much of the information disseminated. 4) Comments of Chris Hyland regarding court documents, noting that law offices do make errors, and there is a letter which corrected the information. He expressed concern with allegations which are made without contact to the individual involved to determine the facts. 5) F.P.P.C. comments by Councilman Alongi, indicating that this clearance is good for the Council. He further indicated that just by sitting on the Council, there is a tendency to draw allegations and criticisms. He further noted that the similar allegations against Mayor Washburn had been dismissed as well. 6) His willingness to vote for Mr. Washburn in the last election, in spite of a negative newspaper that came out just before the election. He stated that he stood behind the Mayor then and continues to do so. 7) Comments of Mr. Duncan regarding the Lake and the Levee, suggesting that the residents look at the supporters of the Recall. He addressed previous delays with the Lake Management projects, particularly noting the Recall of Water Boardmember Joe Randall with Mr. Duncan as proponent, criticism of the Water Board and City Council and litigation involving Edith Stafford against the Water District and the Bureau of Reclamation. He emphasized the impact of these efforts on the progress of the project and stressed the efforts of legislators to keep the project moving. He suggested that without those delays the outflow channel would be complete by now. 8) A flier distributed over the weekend, and encouraged residents to know who is behind the recall effort. Mayor Pro Tem Dominguez commented on the following: 1) Presentation to Molly Lopez, congratulating her for her achievements and expressing his pride in her efforts. Mayor Washburn commented on the following: 1) Molly Lopez's attendance at the Inauguration of the President and her efforts to participate in an internship in Washington D.C. 2) Trauma Intervention Program, suggesting that interested residents contact the City Clerk's Office to express interest in participating. 3) The importance of the Lake Management Project, noting that• the current lake level is approximately 1250.8' and rising. He also noted that the City is anticipating PAGE-a- cr-J-0— PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 additional water and working to ensure adequate flows in the outflow channel to accommodate it. He concurred that without some of the delays mentioned by Councilman Winkler the Outflow Channel would be complete, advising that he testified in Washington, D.C. to keep the project moving in previous years. 4) Collection of debris in Wasson Creek, advising that the engineer is working to have it cleared adequately. 5) Transfer of the Lake at no cost to the City, clarifying that the State will not charge the City for the Lake, however there are associated costs to provide improvements and recreational facilities to make the Lake an Enterprise Account to fund itself. 6) Information brought forward by Recall proponents, noting that the court case noted in Bankruptcy Court was his client and he represented the attorney who represented the client. He further noted that clarifying documents have been provided to the press. 7) The Lake and the ability to acquire it, commenting that he has worked hard for this transfer. He stressed that the 1980 floods were the catalyst for change and his feeling that the lake will bring dollars to the Community and be a positive asset for the City and its residents. THE CITY COUNCIL MEETING WAS RECESSED AT 8:06 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:05 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY BOARD TO DISCUSS MATTERS OF POTENTIAL LITIGATION AT 9:06 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:15 P.M. NO ACTION TAKEN. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:15 P.M. ATTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE AGENDA ITEM NO. ',, ^^' PAGE 10 0=