HomeMy WebLinkAboutItem No.1AMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
31315 CEANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, APRIL 27, 1993
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor
Washburn at 7:04 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Dominguez.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER,
WASHBURN
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Molendyk, 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 - CR & R Logo Contest Awards.
Mayor Washburn highlighted this contest and read the names of
the eight entrants. Ed Campos, representing CR & R, explained
that the logo chosen will be used on all of the trash truck
and the containers. He announced that Andy Allen was the
third place winner of a $50 savings bond, Stacey Okena was the
second place of a $50 savings bond and Scott Brauer was the
first place winner of a $100 savings bond. Mayor Washburn
congratulated the winners as well as their parents for the
efforts shown in this contest.
B. Presentation Nick Notos & Victoria Reed.
Mayor Washburn commented on the efforts of Nick Notos and
Victoria Reed in the Community and presented them with Keys to
the City of Lake Elsinore. He further wished them well in
their retirements. Mr. Notos thanked the City Council for
this recognition and support and thanked them for the
compliment of the license they have held for the Sahara Dunes
Casino.
C. proclamation - Hire a Veteran Week.
Representatives were not present for recognition.
D. Proclamation - Victims of Pornography Week.
Representatives were not present for recognition.
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PAGE TWO - CITY COUNCIL MINUTES - APRIL 27, 1993
E. Presentation - in Videocable System Vparade Protect.
Tom Thomas, General Manager of King Videocable, commented on
recent legislation and the effect on existing channel
configuration. He explained that additional changes may occur
as well due to additional regulations. He addressed the
existing franchise agreement and the upcoming project to
upgrade the entire system in the City. He indicated that this
system upgrade would be the infrastructure for a state of the
art communications system. He noted that some disruption in
service would occur, however, King Videocable intends to limit
this disruption when possible. He announced a Hotline number
for problems relating to this work which was 674 -2181. He
indicated that work would begin in the Railroad Canyon Road
area and proceed through the downtown area to the West End and
eventually around the lake to Lakeland Village, etc.
Councilwoman Cherveny inquired whether areas currently without
cable service would be included. Mr. Thomas indicated that
those homes would be included.
Mayor Washburn questioned the cost of this upgrade. Mr.
Thomas indicated that the total investment in Lake Elsinore
will be approximately $3 -1/2 million.
PUBLIC COMMENTS AGENDIZED ITEMS
Requests were received to address item Nos. 22, 36 and 40; and
deferred to discussion of those items.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for
further discussion and consideration:
Item Nos. 2, 4, 5, 6 and S.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Regular City Council Meeting - April 13, 1993.
3. Received and ordered filed the Investment Report for March 31,
1993.
7. Concurred with Redevelopment Agency Action regarding the
Structure Abatement at 31085 Machado Street.
ITEMS PULLED FROM CONSENT CALENDAR
2. L E A F Animal Control Activity Report March 1993.
Councilman Alongi detailed the first quarter statistics for
animals turned in by owners, released to owners, and
euthanized. He stressed the amount of waste and the money
which could be put to better use in education, etc.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE
TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR
MARCH, 1993.
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PAGE THREE - CITY COUNCIL MINUTES - APRIL 27# 1993
4. Warrant List - April 15. 1993.
Councilwoman Cherveny advised that only the City payroll,
B.S.I. payments for Community Facilities District 90 -3 and the
County of Riverside Sheriff for $198,000 exceeded $50,000.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
TO RATIFY THE WARRANT LIST AS PRESENTED.
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Councilman Alongi reminded the public of the problems which
occurred with Mr. Jiron's Low Income Housing Project and
detailed the Council consideration on the project. He
suggested that the Council should still give this project
further consideration but concurred that it would be
acceptable to reject the claim. He stressed his belief that
this would be a good project. He suggested that the Council
hold a Study Session on this project.
MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE
TO REJECT THE CLAIMS SUBMITTED AND REFER THEM TO THE CITY'S CLAIMS
ADMINISTRATOR FOR FURTHER HANDLING; AND DIRECTED THE CITY CLERK TO
TRANSMIT LETTERS TO THE CLAIMANTS INFORMING THEM OF THIS ACTION.
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Councilman Alongi advised the public that there would be no
increase in this year's assessments.
MOVED BY ALONGI, SECONDED BY WASHBURN TO ADOPT RESOLUTION NOS. 93-
18 THROUGH 93 -20.
Mayor Washburn indicated that staff had worked very hard to
insure that no increase would occur this year and commended
them for their efforts.
City Attorney Harper clarified that this action was to set the
public hearing.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE:
RESOLUTION NO. 93 -18
A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF
PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND
REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR
PROCEEDINGS FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A
DISTRICT.
RESOLUTION NO. 93 -19
A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S
"REPORT" FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 1993 -94
IN A DISTRICT WITHIN SAID CITY.
RESOLUTION NO. 93 -20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
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DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN
EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15,
PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC
MEETING AND PUBLIC HEARING THEREON.
8. Lake Transfer Agreement.
Councilwoman Cherveny questioned this item.
Mayor Washburn suggested that this be discussed as part of the
Redevelopment Agency Agenda.
Councilwoman Cherveny stressed her interest in commenting on
this item.
MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS
VOTE TO CONCUR WITH THE ACTION OF THE REDEVELOPMENT AGENCY ON THIS
ITEM.
PUBLIC HEARINGS
21.
City Attorney Harper requested that this item be continued,
without opening the public hearing, to the meeting of May 25,
1993, to allow for completion of the related appraisals.
MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS
VOTE TO CONTINUE THIS ITEM TO MAY 25, 1994.
22.
City Manager Molendyk explained this item.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:30 p.m., asking
persons interested in this item to speak. The following
person spoke:
Ruby LeVasseur, 8924 Earhart Ave., Los Angeles, commented that
she owns property on Strickland Avenue, which the sewer
contractor has been using to store equipment. She further
commented that it was unlikely that anything would grow on
the property due to the compaction caused by that equipment.
She suggested that this should be the City's responsibility.
Mayor Washburn referred Mrs. LeVasseur to Community
Development Manager Shear to review the situation.
Hearing no further requests to speak, the public hearing was
closed at 7:33 p.m.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO DIRECT THE CITY MANAGER OF PROCEED WITH ABATEMENT OF ALL
LOTS NOT ABATED BY THE OWNERS BY MAY 24, 1993.
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PAGE FIVE - CITY COUNCIL MINUTES - APRIL 27, 1993
31. Structure Abatement Program Report.
City Manager Molendyk explained that the budgeted funds for
the City's Structure Abatement Program have been exhausted,
and staff now is requesting an additional $60,000 from the
Redevelopment Agency Escrow Account to complete the abatement
process on properties in progress.
Councilman Alongi questioned the following properties:
The Ambassador Hotel. Community Development Manager
Shear explained that the City had boarded up the first
two floors to prevent transients from making entry; the
state is still in progress with the project and has asked
the City to board up the rest of the building because the
transients are scaling the walls and making entry to the
upper two floors.
206 East Franklin. Will the whole property be abated or
just one unit. Community Development Manager Shear
explained that only the unit that was burned is in
structure abatement, the rest of the units are in the
process of being rented to prevent transient intrusion.
29523 La Shell. Mr. Shear explained that this building
is in the drywall stage, by the second owner and needs to
be boarded up to prevent transient intrusion or vandals.
Councilman Alongi requested that staff find out whether CDBG
funds could be used to purchase the properties, make the
necessary repairs and then sell them as low level housing.
Mr. Shear stated that at this time staff has not researched
that possibility.
Corner of 30181 Riverside Drive. Mr. Shear stated that
he would check with the engineer on the project for the
sewer and water installation time lines.
103 Mohr Street. Mr. Shear explained that the owner is
in the process of obtaining a low interest loan to
complete the project and staff is working with the owner
at this time. Councilman Alongi questioned the $600.
Mr. Shear explained that it was for the title search.
Glow Fire Back Yard. Mr. Shear explained that a large
portion of the building was condemned by the City due to
the roof structure failing. The broken debris in the
back is what is to be recycled to make the fireplace
logs. The owner is currently working on repairs, and the
related costs requested are for the title search and
staff time involved.
Councilman Winkler made note that the structure abatement
budget was exhausted and that funds are being requested from
the Redevelopment Agency Escrow Account to continue the
program. He explained that he would like to see this program
continue. Mr. Winkler went over the amounts requested and the
type of work that would be done and requested that five
properties set for boarding up be demolished as follows:
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211 E. Pottery ............$ 5,800.
409 North Langstaff.. .......... o 3,900.
308 North Langstaff ............. 4,200.
410 North Poe .. ................ 4,600.
790 Lake Street ................. 11,800.
Mr. Winkler stated that he agreed with Councilman Alongi that
29523 La Shell should not be demolished, but it should be
boarded up. He recommended that the above addresses be
demolished.
Councilman Alongi cautioned that these costs do not include
the asbestos removal. Mr. Shear explained that the only
property that he was not sure about was 211 East Pottery, but
the others are not impacted.
MOVED BY WINKLER, SECONDED BY ALONGI TO APPROVE THE TRANSFER OF
$60,000 FROM THE REDEVELOPMENT AGENCY ESCROW ACCOUNT AND AUTHORIZED
STAFF TO PROCEED WITH ADDITIONAL DEMOLITION OF 409 NORTH LANGSTAFF,
308 NORTH LANGSTAFF, 410 NORTH POE AND 790 LAKE STREET, TO CONTINUE
THE ABATEMENT PROCESS AT 211 EAST POTTERY, BRINGING IT BACK TO THE
COUNCIL WITH ANY ADDITIONAL COSTS RELATED TO ASBESTOS REMOVAL.
City Manager Molendyk asked if Council would like to consider
foreclosure procedures in order to get the City's money back
in a reasonable amount of time, as this would generate the
return of monies to continue an aggressive program. A lien on
the property could take up to thirty years while foreclosure
would take thirty months.
Councilman Winkler stated that he felt that this might be
better addressed at a work session.
City Attorney Harper explained that this is a function of
costs and when costs are placed as a lien, it is going to be
recovered eventually, but what was proposed was to speed up
the process of recovery.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
32. Award of Contract - Weed Abatement Program - Smith Tractor
Services.
City Manager Molendyk highlighted this item, noting that
additional information concerning the bids had been
distributed to the Council for review.
Community Development Manager Shear detailed the bid process
and advised that three bids had been received.
Councilman Alongi expressed concern that there was no
limitation on the amount the contractor could bill. He
suggested a limit of $500 or $700 before the contractor must
come back for further authorization. He questioned the number
of men that would be used at $50 per hour /per man. He noted
that the time frame for clearing the properties is 90 days and
suggested that it be reduced to 30 days. Mayor Washburn noted
that the program itself is a separate issue from this award of
contract.
Councilman Alongi cautioned the Council with regard to the
limitation on sub - contracting because this contractor is not
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a general contractor. Mayor Washburn suggested that staff
review this concern.
Councilwoman Cherveny questioned the reason for a three year
contract. She expressed concern with the cost of living
increases in the contract at 15% per year. She questioned the
ability to make it a one year contract with renewals.
Mayor Washburn inquired what the term of the previous contract
had been. Mr. Shear indicated that it was also three years.
City Attorney Harper noted that multi -year contracts generally
provide a better rate.
Councilwoman Cherveny questioned how the lowest bidder was
determined. Mr. Shear clarified that it was based on the type
work that constitutes the most volume annually, being dicing
and mowing, which amounts to approximately 80% of the costs.
Councilman Alongi commented that $14.50 was reasonable for
discing, and suggested that a program be set up for automatic
annual discing.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE
TO AWARD THE CONTRACT TO SMITH TRACTOR SERVICES.
City Manager Molendyk commented on the master plan of parks
and plans for acquisition of adjacent properties. He
explained that with C.D.B.G. funds the acquisition of this
parcel at the appraised value of $36,000 is feasible.
Councilwoman Cherveny inquired where the parcel is located.
Community Services Director Sapp detailed the location and
advised that it is approximately 7,800 square feet.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO
0 WITH DOMINGUEZ ABSTAINING TO AUTHORIZE STAFF TO OFFER THE
APPRAISED MARKET VALUE OF THE $36,000 FOR PURCHASE OF PARCEL NO.
374 - 052 -002 AS AN EXPANSION OF THE YARBOROUGH PARK SITE; AND
AUTHORIZE STAFF TO BEGIN PLANS FOR THE DESIGN OF THE YARBOROUGH
PARK EXPANSION.
34. Habitat Conservation Agency Joint Exercise of Powers
Agreement.
City Manager Molendyk highlighted this item.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO APPROVE THE FOURTH
AMENDMENT TO THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY JOINT
EXERCISE OF POWERS AGREEMENT.
Mayor Washburn noted that this is a good amendment, as much
concern has been expressed with the clout the County has in
this area.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
35. Lake Park & Recreation Enterprise Fund.
City Manager Molendyk indicated that these funds would be from
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the Redevelopment Agency and suggested that the Council concur
with the action of the Agency.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO CONCUR WITH THE REDEVELOPMENT AGENCY ACTION ON THIS ITEM.
C6. Resolution Prohibit
Parkin .
City Manager Molendyk highlighted this item, noting the
cooperative effort between the City and the State to establish
the launch facility. He indicated that this parking
prohibition is to eliminate safety hazards and inconvenience
for area residents.
Councilwoman Cherveny questioned the reference in the report
to use of the parking lot across from the Sheriff's
Department. City Manager Molendyk indicated that the owner
across from the launch ramp had donated the use of the land
and it had since been determined that this location would be
more accessible. He noted that the only costs were to make
the lot useable and prevent liability.
Councilwoman Cherveny questioned the two traffic lanes. City
Manager Molendyk clarified that this item is requesting
support of no parking along Lakeshore Drive.
Councilwoman Cherveny inquired whether it was legal to abandon
the bike lanes. City Manager Molendyk confirmed that it was.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO ADOPT RESOLUTION NOS. 93 -21 AND 93 -22.
RESOLUTION NO. 93 -21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ESTABLISHING TOW -AWAY, NO PARKING BOAT TRAILER
ZONES ON CERTAIN STREETS.
RESOLUTION NO. 93 -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS.
37. Chamber of Commerce - Parade Funding Request.
City Manager Molendyk explained that the Chamber of Commerce
has asked that the City Co- sponsor and share in half of the
costs for the Frontier Days Parade scheduled for May 29, 1993.
He further explained that it is recommended that if the
Council approves this item, the funds be pulled from the City
Council's Community Promotion Account.
Councilman Alongi explained that he has always supported
parades in the community, however, he felt that the Chamber of
Commerce had not shown good faith toward the City. He felt
that the Chamber had received a tremendous amount of financial
support from the City and the Chamber does not assist the City
in return.
MOVED BY ALONGI, SECONDED BY CHERVENY TO DENY THE CHAMBER OF
COMMERCE REQUEST FOR CO- SPONSORSHIP AND FUNDING OF THE FRONTIER
DAYS PARADE.
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Councilwoman Cherveny asked the City Attorney about the court
decision regarding sponsorship. City Attorney Harper
explained that in the last 30 days there was a judgment by the
Court of Appeals which stated that it would not be a violation
of the First Amendment for a City to sponsor or participate in
parades. She questioned whether the amounts listed were for
the parade or the rodeo. Ms. Cherveny explained that a line
item should be put in the budget to cover this type of events.
Councilman Dominguez explained that if there is going to be a
parade, the City should be able to give their input, and he
felt that there should be bands.
Councilman Winkler stated that over the last ten years Council
has not been consistent in regard to waiving fees but over the
last several years the Council has been consistent in waiving
fees for the Chamber of Commerce and he saw no reason not to
sponsor the parade.
Dick O'Neil, representing the Chamber of Commerce, explained
that the Chamber of Commerce does not make money on the parade
and this function does not make money for the Chamber but it
does benefit the downtown area. He advised that there will be
bands, but this is not a competition parade for the bands, and
horses and bands do not mix well.
Councilman Dominguez stated that he would ask for a condition
that bands be included in the parade. He stated that this
provides entertainment for the audience.
Mayor Washburn explained that this parade adds to the year
round events to promote recreation and tourism.
THE FOREGOING MOTION FAILED BY A 1 -4 VOTE WITH CHERVENY, DOMINGUEZ,
WINKLER AND WASHBURN CASTING THE DISSENTING VOTES.
MOVED BY WASHBURN, SECONDED BY CHERVENY TO APPROVE THE CO-
SPONSORSHIP OF THE PARADE WITH THE $3,000 TO BE FUNDED FROM THE
CITY COUNCIL'S COMMUNITY PROMOTION ACCOUNT.
Councilman Alongi explained that he felt that Council was
short sighted, that the Chamber did not aid the Sierra Circuit
Rodeo, that they will not return the $1,000 to the City on the
deposit of the Rodeo Grounds and they do not show support for
the City.
THE FOREGOING MOTION WAS APPROVED BY A 4 -1 VOTE WITH ALONGI CASTING
THE DISSENTING VOTE.
City Manager Molendyk commented on the recent Council workshop
and meeting with the residents. He explained that the current
request is for one flight in and one flight out per week to
assist with Mr. Perkins business. He detailed the proposed
conditions of approval, noting that most of the residents did
not appear to be against the airport, but were concerned with
being kept informed by Mr. Brogdon. He noted that it is felt
that a compatible arrangement has been found.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE THE REQUEST OF
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PAGE TEN - CITY COUNCIL MINUTES - APRIL 27# 1993
MR. PERKINS FOR USE OF THE TEMPORARY RUNWAY FOR HIS AVIATION
MAINTENANCE BUSINESS SUBJECT TO THE PROPOSED CONDITIONS.
Councilman Winkler inquired whether the property owners had
been contacted regarding this meeting. Mr. Watenpaugh
confirmed that they had been advised a number were present at
this meeting.
Councilman Winkler commented on his responsibility for
notifying the residents of this discussion. He further
commented on the success of the study session with much good
input, and his visit to the airport and flight to review the
situation. He indicated that he has a comfort level with the
arrangements that have been made.
Councilwoman Cherveny indicated that she had received a letter
from and spoken with Mr. Thomas Burritt and there are still
concerns with air traffic from other areas. She further
indicated that she could not support this temporary runway
approval.
City Manager Molendyk clarified the agreement with the
homeowners to place trucks in the runway to prevent "pirates"
from using the facility.
Councilman Alongi requested that the following letter from
Robert Vermillion be included in the record:
Councilman George Alongi:
This is in response to your request for a written
statement from me regarding the establishment of a
temporary runway at Skylark Airport. The need for this
runway which would parallel Corydon St. is the result of
the flooding of Lake Elsinore's lake.
A. The continued predicted rise of the lake makes
council action on this subject probably academic. The US
Corp of Engineers and Riverside County Flood Control
Dept.'s prediction of a 1262 foot lake elevation within
two weeks would put most of the proposed runway under
water.
B. The second major consideration is, if the owners of
the airport property are willing to continue to lease the
property for airport use considering the liability
factors that are accentuated.
C. The third consideration is if Mentor Aviation is
willing to agree to this intrusion on their approved FAA
allotted airspace. Per my telecon with Duane Ferguson,
State Dept. of Aeronautics on 2/19/93, he stated that
would be a written requirement for his approval.
D. Another consideration is if opening this runway at
this time is going to cause public outcry and turmoil
that unfairly would be unleased on Mentor Aviation's
application for a new airport which is now before the
Planning Dept. of the City of Lake Elsinore for
processing and approval. At our recent meeting with Dan
Young of Eastlake it was quite clearly understood that
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PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 27v 1993
the intent of the City is to replace Skylark Airport with
some other type activity. Mentor Airport will then
become Lake Elsinore's only airport and is being designed
to be both a safe and economic asset to the City.
Although I have strong sentimental ties to Skylark
airport, the owners of the property do not. The
realities are, if Lake Elsinore is to continue to have an
airport which is my fervent hope as an aviation
enthusiast and business person, priority should be given
to protecting Mentor Aviation's interests during any
public and City interaction.
The above statements are my personal views and are based
on my long time experience of seeing the results of anti
airport public and political attitudes.
The following are my views and experience from my
position as assigned and appointed FAA accident
prevention counselor;
A. I have expressed to the Airport operator that I have
no safety concerns to the continued operation of all
previous airport activities if the proposed temporary
runway is extended as far as feasible to Mission Trail as
was done in 1983. Hopefully S.C.E. could be encouraged
this time to take down the unused electrical poles that
form an aerial hazard at the Mission Trail end of the
runway. Unfortunately to extend the runway under these
wet conditions would require a substantial financial
investment to reinforce the runway. I have been told by
one of the airport operators that this is not financially
feasible.
B. As an alternate to lengthening the runway I would
have no safety concerns if the proposed temporary runway
were to utilize the existing taxiway parallel to Corydon
Street, but all aircraft operations be restricted to only
short take off design type aircraft such as the
DeHaviland Otter. All glider activity would have to be
prohibited and the operation of all other aircraft would
be required necessitating immediate turns after take off
within the realm of safety to avoid incurring the wrath
of the new housing tracts and the Lemon Street School
that did not exist in 1983.
C. Regarding a continued skydiving operation, the
reduction in drop zone area is significant because of
the flood. This will increase both a hazard to skydivers
as well as to citizens on the ground. As we remember one
skydiver drowned because of the 80 -83 flood.
D. It is my opinion that Skylark airport should remain
closed until the Lake has crested and a reevaluation of
all conditions be made at that time. I feel considerable
liability will be at risk to the City of Lake Elsinore.
Airport owners and operators if the above recommendations
are not followed.
Robert A. Vermillion
Accident Prevention Counselor -FAA
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PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 27F 1993
THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND
CHERVENY CASTING THE DISSENTING VOTES.
39. Second Reading - Ordinance un_ oa,3 -
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO.
952:
ORDINANCE NO. 952
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, RESCINDING ORDINANCE 936 OF THE CITY OF LAKE
ELSINORE MUNICIPAL CODE CHAPTER 17.11 BY ESTABLISHING THE
"HISTORIC DOWNTOWN ELSINORE" OVERLAY DISTRICT.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: ALONGI, CHERVENY
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
40. Second Reading? - Ordinance un_ 953 - Boat Launching,
MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 953:
ORDINANCE NO. 953
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING
SECTION 9.96.035 TO THE LAKE ELSINORE MUNICIPAL CODE,
REGARDING THE LAUNCHING OF BOATS FROM PUBLIC PROPERTY.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS:
WINKLER,
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ALONGI, CHERVENY, DOMINGUEZ,
WASHBURN
Mayor Washburn indicated that he had missed requests to address
item Nos. 36 and 40 of this agenda and yielded the floor to Nick
Nash.
Nick Nash, Park Plaza Restaurant, congratulated the staff for
getting the lake open and getting the launch ramp open. He noted
the excitement in the community. He stressed the need to get the
word out that the lake is healthy and open. He indicated that this
was a shot in the arm for businesses struggling with the recession.
He commended staff and the Council for getting things done and
moving positively.
City Attorney Harper advised that there is a need to consider an
agreement between the City and the State to allow the State to
collect and retain the fees for operating the launch ramp;
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although the ramp was constructed by the City, it will be a State
facility. He explained that the State will maintain it, operate
it, accept liability for anything that happens and the City's
responsibility is to keep the ramp in place. The State is asking
for approval of this agreement tonight, due to the opening of the
ramp on April 28th.
41.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO PLACE THE AGREEMENT
BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF LAKE ELSINORE ON
THE AGENDA.
Councilman Alongi asked why this is not being placed on the
Redevelopment Agency Agenda. City Attorney Harper explained
that the State is requesting that this be done by the City
Council and not the Agency for legal reasons.
THE FOREGOING MOTION WAS APPROVED UNANIMOUSLY.
City Attorney Harper explained the sole intent of this
agreement is to allow the State to collect the fees and makes
clear that the launch ramp is a State facility and not a City
facility for liability reasons.
City Manager Molendyk explained that this would remain in
place until the City gets their insurance and takes over
operation of the Lake.
Councilwoman Cherveny pointed out that the ramp is on
Lakeshore Drive and not Riverside Drive as the agreement
states.
Councilman Alongi stated that the agreement did not address
the reimbursement of the launching fees.
City Manager Molendyk explained that the State will retain the
launch fees and the day use fees until such time as the City
takes over management of the Lake. He further stated that
this is a trade off in as much as the launch was placed on
State property and they will be assuming liability.
Councilman Winkler stated that the State is providing the
personnel to operate the launch ramp, which allows the Lake to
be opened to the public, which is in the City's best interest.
Councilman Alongi stated that this facility has been paid for
by tax dollars and he is opposed to spending the tax dollars
of those tax payers who don't enjoy that particular facility.
If the total community utilized that facility he would not
have a problem with the use of the tax dollars. He further
felt that the fee be negotiated for by the City when the
representative was in Sacramento.
City Manager Molendyk explained that this agreement was given
to staff at 4:00 p.m. this afternoon and it was developed to
show their agency that they will be collecting the fees and
accounting for the dollars.
Councilwoman Cherveny asked if the Lake was open now. City
Manager Molendyk explained that the Lake has been open for
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several weeks, but that this was the first public launch
facility. Councilwoman Cherveny further questioned if boats
could be launched from the County side. Mayor Washburn
clarified that the Council does not represent the County.
Mayor Washburn explained that this is a housekeeping item,
giving the State the authority and boats can be launched from
the City.
City Manager Molendyk explained that too much discussion is
going on without allowing staff to make a presentation. He
further explained that the Lake has a capacity of 600 boats,
if there are two persons in a boat that makes 11200 people who
can use the Lake. Mr. Molendyk stated that right now two
small launching facilities, on the County side are in use and
they can only accommodate 75 boats a day. County and City
residents would like to see the maximum amount of boats on the
lake. He explained that this agreement assists in that
effort.
MOVED BY WINKLER, SECONDED BY WASHBURN AND APPROVED BY VOTE OF 3 -1
WITH CHERVENY CASTING THE DISSENTING VOTE AND ALONGI ABSTAINING TO
APPROVE THE AGREEMENT WITH THE STATE OF CALIFORNIA REGARDING THE
LAUNCH RAMP WITH THE CONTRACT AMENDED TO READ LAKESHORE DRIVE
INSTEAD OF RIVERSIDE DRIVE.
UBLIC COMMENTS - NON -AGEND ;ZED ITEMS
Lynda Grucella, 28484 Wood Mesa, commended Council for trying to
work together. She urged the Council to get the lake open.
Richard Farnsworth, 32981 Cedar, commented on launching in the
County area. He expressed thanks to God for the water in the lake.
He questioned the meeting of March 30th and suggested that the
information concerning the $1.5 million should have been presented
sooner to prevent the severe reaction to the meeting.
Tom Hundshamer, President, Chamber of Commerce, thanked City
Manager Molendyk and the staff for the rapid progress on the launch
ramp at Spring Street. He stressed the need for operational launch
facilities. He congratulated the City for responding to the needs
for boating and tourism. He advised that the Chamber is working on
a tourist brochure to be handed out to the people using the launch
ramp. He further advised that it will provide information on local
activities as well as coupons for local businesses. He noted that
there is a possibility that the Chamber will be opening on
Saturdays to provide information to the visitors; in addition the
Chamber is considering a phone answering machine that would provide
information on activities, conditions, etc. He reminded the
community of the circus on Monday, May 3rd.
Ace Vallejos, 15231 Cobra, commented on a notice of Planning
Commission hearing he received and stressed the need for controlled
growth. He stressed the impact of high density development on
property values and suggested that concerned residents contact the
City Planning Commission or Supervisor Bob Buster. He stressed the
need to assure that proper planning is done.
Doug Lech, 26723 Hammack, congratulated Mayor Washburn on his
recent victory and noted a new article suggesting that Councilwoman
Cherveny step down. He suggested that the actions at this meeting
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were better than the circus. He further suggested that
Councilwoman Cherveny resign, as well as removing the recall sign
from her house.
City Manager Molendyk announced an upcoming City -wide clean -up of
household hazardous waste on May 22nd from 8 a.m. to 2 p.m., which
will be co- sponsored by the City of Lake Elsinore and Lake Elsinore
Environmental. He indicated that additional information would be
provided at a later date.
He suggested that the audience stay tuned for an update on the Lake
during the Redevelopment Agency meeting.
Councilman Alongi commented on the following:
1. Explained that he had been approached by one of the
leading business persons in the community to work on a
helping committee to try and get large businesses to
contribute to a fund to aid and assist different
organizations and needy persons. For example when funds
are needed to present a parade or a person is being
abated from a house those persons would have assistance
to move. He asked that persons interested in working on
this committee him.
2. Lake Transfer is the most important priority in the
community and he felt that it was not being handled
properly. He explained that the launching agreement is
incomplete and does not protect the City.
3. The rate of crime in the City has increased 14% for the
month of March and more priority should be placed on law
enforcement.
4. Need to assist business, especially small businesses to
be successful in this community.
5. Reminded the public that the street sweeping signs are
going up, and the residents need to pay attention to this
to avoid being cited.
6. Asked that Council consider some type of resolution to
the problem of separation of County and City children for
the use of the parks. He felt that staff and Council
should consider a joint agreement with Ortega Trails to
develop parks and programs to assist in this effort. The
boundaries would specifically effect the children
involved in Little League. He stated that in concept he
agreed with Councilman Winkler but he does not want to
see the children separated because of boundaries.
7. Detailed his support of the Chamber of Commerce over the
years and criticized the Chamber of Commerce and Western
Classics for the money being spent in legal fees instead
of applying the funds towards activities which will
enhance the community. He further criticized the Chamber
for their lack of support for the City and the charging
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of fees, for an event the City assisted in presenting for
the community. He explained that the Council always
lends assistance to the Chamber and the same
consideration is not given by the Chamber to the City.
S. Policy is not followed by other members of Council. He
stated his objection to items placed on the agenda the
night of a Council Meeting, by vote, when there is not
enough information to support a decision. He cited the
Lake Transfer and the Launching Agreement. There is no
policy which allows the Mayor to prevent any
Councilperson from expressing his opinions.
Councilman Winkler commented on the following:
1. Announced that the lights are in operation at Robb Road,
Grand Avenue, and Lakeshore Drive. Half of the roadway
is done on Grand Avenue and the other half will be
completed after the phone company completes installation
of underground cable. Commended staff for a job well
done.
2. Requested that the banner for the Recall Election be
removed from Councilwoman Cherveny's home. Direct
involvement of Council directing Code Enforcement to
address issues for political reasons must be stopped,
noting a situation between Councilwoman Cherveny and her
neighbor. If Council has any problems with Code
Enforcement Issues they should be directed through the
City Manager. All issues should be addressed to the City
Manager by Council so that he can direct staff.
Councilwoman Cherveny commented on the following:
1. Announced that she would not be resigning from Council.
2. Felt that she had the right to express her opinion at the
Council table.
3. Expressed her concern regarding the level of police
protection in the community and the type of crimes which
are occurring.
4. Suggested examination of the RDA loans which are not
current in payment.
5. Problems with the pet cemetery and asked that the
concerned persons address their comments to Chairman
Winkler and Mayor Washburn as she feels that they could
better assist them.
6. Would like a status report from the company doing the
Sales Tax recovery audit to see what additional sales tax
they have come up with.
7. Temporary launch facility and the agreement which does
not call out who will assume liability for the facility.
She stated that she would support the launching facility
because this is what the public wants.
8. Explained that she has no problem with staff, but she
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PAGE:SEVENTEEN - CITY COUNCIL MINUTES - APRIL 27, 1993
will fight her own battles with her neighbor.
9. Stated that she was glad to be back in town and looked
forward to the future meetings and enjoyed seeing the
boats on the Lake.
Mayor Washburn commented on the following:
1. He explained that it is the business of Council to be
sure that its members act with proper decorum. Failure
to remove campaign signs is an example of diminished
integrity.
2. Explained that it is the responsibility of the Mayor to
apply policy as follows: Federal Laws, State Laws
County Laws, City Ordinances, Council Policy and Roberts
Rules of Order.
3. Waste of staff's time in regard to items which are placed
on the agendas and the use of City vehicles for an
extended amount of time without authorization. This will
be addressed by a new Council Policy.
4. The community needs to look forward, not backward. You
are either a part of the problem or a part of the
solution. He challenged both Councilwoman Cherveny and
Councilman Alongi to become part of the solution. He
indicated he would continue to look forward.
CLOSED SESSION
None.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:30 P.M.
ATTEST:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
GARY M. WASHBURN, MAYOR
CITY OF LAKE ELSINORE
AGENDA ITEM NO. -A
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