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HomeMy WebLinkAboutItem No.SA1BMINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 26, 1993 sssssssssssss+ ssss++++++ s+++++++++ + + +s + + + + + + + +s + + + + + + + + + + +ss + + + ++ CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Winkler at 8:59 p.m. ROLL CALL PRESENT: BOARDMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: BOARDMEMBERS: ALONGI Also present were: Executive Director Molendyk, Assistant Executive Director Rogers, Legal Counsel Harper, Administrative Services Manager Huffman, Community Development Manager Shear, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape, and Deputy City Clerk Bryning. PUBLIC COMMENTS - AGENDIZED ITEMS None. CONSENT CALENDAR MOVED.BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Adjourned Regular Redevelopment Agency Meeting - October 8, 1993. b. Regular Redevelopment Agency Meeting - October 12, 1993. C. Joint Redevelopment Agency /City Council Study Session - October 14, 1993. 2. Received and filed the Warrant List of October 15, 1993. 3. Approved the Retail Site Entry License Agreement for Lehr Property. 4. Accepted the project as complete and approved the Notice of J Completion for Mission Trail Rehabilitation. 5. Concurred with Council action to approve adoption of Negative Declaration No. 93 -8; approve Commercial Project No. 93 -4 and approve Tentative Parcel Map 27821, based on the findings and subject to the Conditions of Approval . 6. Concurred with Council Action to approve Commercial Project No. 93 -2A, based on the findings and subject to the Conditions of Approval. AGENDA ITEM, PAGE--L- cx-f- PAGE TWO - REDEVELOPMENT AGENCY MINUTES - OCTOBER 26, 1993 BUSINESS ITEM 7. Lakeshore Drive Bridqe - Consideration of Steel Casinq for Executive Director Molendyk explained that this was an item required by EVMWD regarding steel casing for water and sewer lines. He called upon Public Services Director Tecca to clarify the project. Public Services Director Tecca explained that a 30 inch water line and a 16 inch sewer line run parallel to the bridge and are buried in the ground, which must be relocated. The lines will be reconstructed 12 feet deeper to a position 16 feet below the bottom of the finish grade of the channel. Also, they will be protected by armor rock on both sides of the channel and a 2 foot thick concrete slab located below the armor rock and above the pipe. The design engineers feel strongly that this is sufficient protection for both pipes. Mr. Tecca further explained that EVMWD had reviewed the plans and have responded by requesting the pipes be installed in steel sleeving the full length of the channel, and that 2 additional 30 inch butterfly valves be installed in the water line; additional cost of these changes is estimated at $83,000. Mr. Tecca stated that the design engineers for the project feel the changes are unnecessary and have warned that Cal Trans may not approve reimbursement of these costs. In addition, they have not been successful in convincing EVMWD to withdraw their request. Without the Federal reimbursement of $66,400., the RDA will have to fund the entire amount. Executive Director Molendyk explained that at a meeting with the City, EVMWD and Cal Trans, two things were discussed; the first, was to do what EVMWD needs to meet their requirements, and the second, was Cal Trans standards. He asked Public Services Director Tecca if the requirements of EVMWD were more than what was required by Cal Trans. Mr. Molendyk further explained that the City is willing to do whatever Cal Trans requires and anything beyond that will be brought back to the Board for policy direction. Boardmember Washburn stated that he felt what EVMWD was asking might not be necessary and that the body of the motion be to resolve the issue and allow staff to proceed with the project. Boardmember Cherveny asked how long it would take to find out if Cal Trans would approve this item. Public Services Director Tecca stated that if the plans were completed and signed off by EVMWD and submitted to Cal Trans it would then be possible to find out if they would fund. She stated that possibly this should be continued to give time to meet with EVMWD, as a result of their requirement Cal Trans will not provide the funding, then will they be willing to assume the additional cost. Public Services Director Tecca explained that EVMWD had been approached to find out if they would be willing to fund the requirement if Cal Trans would not; there has been no answer. Chairman Washburn asked if a two week continuance would provide time for further meetings with EVMWD. Boardmember Cherveny stated that something should be put in writing to EVMWD. AGENDA ITEM NO. A A PAGE-2;;-0E--L_.. PAGE THREE - REDEVELOPMENT AGENCY MINUTES - OCTOBER 26, 1993 MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE - THE ITEM REGARDING LAKESHORE DRIVE BRIDGE TO THE NEXT REGULAR REDEVELOPMENT AGENCY MEETING ON NOVEMBER 9, 1993. B. Boardmember Washburn asked Chairman Winkler if he could address Legal Counsel regarding item No. 4 of the RDA Consent Calendar. Chairman Winkler stated that he could. Boardmember Washburn inquired whether approval of the Notice of Completion for the Mission! Trial Rehabilitation would absolve Elsinore Valley Municipal Water District from. their share of the funding. Legal Counsel Harper explained that the Notice of Completion is simply a notice that the project is completed, from the contractors point of view. Boardmember Washburn asked to clarify that -there is no liability of accepting the additional cost if.the Notice of Completion is signed and recorded. Legal Counsel Harper stated there was no liability. 1 rroiecL. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONCUR WITH COUNCIL ACTION TO APPROPRIATE $29,500. FROM THE DRAINAGE FUND TO THE LAKE ELSINORE REDEVELOPMENT AGENCY,.TO COVER AN INCREASE IN THE CONTRACT AMOUNT WITH AMERICAN CONTRACTING, FOR CONSTRUCTION OF THE HEADWALL STRUCTURE FOR THE AYRES STORM DRAIN. is 9. 183 North main Street (known as. "Methodist Church "). Executive Director Molendyk explained that this is the RDA /City owned building known as the Methodist Church and the old carpet and the trees have been removed. It is estimated that the cost to clean -up and .repair the building will be $148,900, with the scope of the'iwork as follows: The following are estimated costs and work to be performed: • Plan and Specs /Design Fee • Sound System • Sandblast & Stucco Exterior • Solid Block Windows ($65.00 each x 14) • Stucco Trim Side & Rear Windows ($100.00 x 14) • Remove Existing Roof & Reroof • Three Heat Pumps /Air Conditioning • Plumbing for Restroom • Temporary Fence • Paint Exterior Wood Windows & Doors • Concrete Block Doors & Windows • Electric • Paint and Patch Interior • New Handicap Ramp • Resurface Entry Stairs • Interior Framing and Drywall • New Doors & Bath Partitions •. Glazing Cover over Windows • Chime System • Landscaping $ 10,000.00 $ 5,000.00 $ 11,000.00 $ 1,000.00 $ 1,400.00 $ 9,000.00 $ 16,000.00 $ 12,000.00 $. 3,500.00 $ 3,000.00 $ 3,000.00 $ 25,000.00 $ 8,000.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 9,000.00 $ 6,000.00 $ 12,000.00 $ 5,000.00 $148,900.00 The following is additional work that needs to be completed, however, cost estimates are unavailable at this time. AGEN01. t7Et° N10.��b• PAGE OF U PAGE FOUR - REDEVELOPMENT AGENCY MINUTES - OCTOBER 26, 1993 • Repair the Stain Glass Windows • Sound Deadening Material for the Walls • Refinishing the Floors and Repairing • Carpet Meeting Rooms • Security System • Refinishing Pews • Rebuilding Stage MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE SCOPE OF WORK; DIRECT STAFF TO SOLICIT BIDS, APPROVE AND EXECUTE ALL CONTRACTS FOR THE REHABILITATION TO A MAXIMUM AMOUNT OF $200,000, FOR FISCAL YEAR 1993 -94. PUBLIC COMMENTS - NON-AGENDIZED ITEMS 1. Richard Brown, 409 Poe Street, Lake Elsinore Valley Citizens Crime Watch Organization, thanked the City Council and Staff for their support of the Nuisance Abatement Law. He stated that some of the residences that it was applied against made an effective impression. His group would like to recommend that the City continue the application of this law. He recommended that the 100 block of Heald, between Spring St. and Main Street. He asked that the Sheriff's Department make a review of the records of that neighborhood and evaluate the application of the Nuisance Abatement Law. He thanked the Sheriff's Department for their cooperation in putting this law into effect. 2. Peter Dawson, 18010 Grand Ave., Southshore Homeowners Association, stated that his group is still waiting for the Lake Access Agreement. 3. Helena Holman, 15062 Danielle Way, commended Councilman Winkler for his stand regarding block wall fencing. She commented on the last meeting when Captain Daniel gave his crime report and stated that this City does have problems and rape is rape. 4. Ace Vallejos, 15231 Cobre St., asked if he was speaking to the Redevelopment Agency or the City Council. Legal Counsel Harper explained that at the end of the Business Section of the Redevelopment Agency Meeting, the Public Comments and the Council /Board Comments are heard jointly. _ Mr. Vallejos explained that he does not choose to be annexed and will fight the City in regard to this issue due to crime issues and his dissatisfaction with the City Council. 5. Chris Hyland, 15191 Wavecrest Drive, commended Councilwoman Cherveny for her work on Council and criticized Councilman Winkler for his attitude toward Councilwoman Cherveny. She stated that in her opinion his comments were unethical and unprofessional and stated her-objections to his criticism of Councilwoman Cherveny. 6. Lela Cardoza, 300 Ellis St., criticized Councilman Winkler for his comments regarding Councilwoman Cherveny at the last meeting. She then presented Councilwoman Cherveny flowers and thanked her for her good work on Council. 7. Jerry Cherveny, 1409 W. Sumner, stated his disfavor with Councilman Winkler, and disagreed with the criticism of himself and Councilwoman Cherveny. He stated that their personal business had no business being brought before a Council Meeting and criticized the Councilmembers for their attitude toward her philosophy. Mr. Cherveny praised Councilwoman Cherveny as a Councilwoman, her intent, and the work she is doing. AGENDA 17Eb PAGE /-- OF �� PAGE FIVE - REDEVELOPMENT AGENCY MINUTES OCTOBER 26,:1993 EXECUTIVE DIRECTOR'S REPORT None. BOARDMEMBER COMMENTS Councilwoman /Boardmember.Cherveny commented on the following: 1) Announced the Halloween- Carnival will be held at the Lake Community Center, on October 31; 1993, from 5:30 °p.m. to 8:30 p.m. The admission is$.50 and $.10 per game ticket or 12/$1.00. She'explained that this is a fun place for kids and a safe harbor and encouraged the people in the community to take advantage of this event. 2) Announced the Haunted House, presented .by the Lake -Elsinore High School - ASB,',,, located at Windmill Farm, Corydon and Mission Trail. "This will be held on October 29, 30, and 31r From 5:OO p.m.- to 10:00 p.m. and the admission is $4.00 for'adults and .$2.50 for children. 3) During the Autumn Pest the`Airport was used a temporary run -way and this will be coming back to Council in November and she is taking this opportunity to let the people in that area know they may be impacted: She asked if notification of homeowners will occur. City Manager Molendyk explained that it'is the responsibility of the Airport people to notice the affected homeowners. 4) Explained that she was going to address Councilman Winkler' s' comments from the last meeting. She stated that she felt that Councilman Winkler was grandstanding and was incorrect to "interfere with her neighbor's and her business. She •stated that °she feels Councilman Winkler makes "constant personal attacks, vicious harassment and discriminating and unprofessional judgements that reek of slander and defamation. She explained that since Mr. Winkler's comments last there is no opportunity for a rebuttal and by the next meeting she felt that it was not worth responding to his comments. Mrs. Cherveny stated that in response to the lawsuit, she was told that she could either be subpoenaed or she could give a declaration. She explained that since she was about to go on vacation she decided to do a declaration and she "offered the public a copy of her declaration. Mrs. Cherveny responded to her presence in the closed session'regardinq'the discussion of litigation for the Williams case and presented a "letter of opinion from Legal Counsel Harper stating that there- was no legal conflict for her to be in closed session. She addressed Public Safety and stated that since she has been elected she has served on several committees and Mr. Winkler had those committees abolished. She asked City Manager Molendyk what the two words were that 'she says all the time. He responded that - it was Public Safety. Mrs. Cherveny stated that Councilman Winkler takes credit for Appointing her to RDA, but doesn't take the credit for removing her. She further enumerated the different projects she has been involved ° -in. 'She read her request for the budget and explained the things that she felt could be cut back to allow" for more funds. She questioned the report - from - Captain Daniel and _explained that from the time of speaking to him on the phone to when a report was brought to this meeting, the Sheriff's Department had seemed to have gained 8 more sworn AGE."Zi i i cvd . �!Y• PAGE PAGE SIX - REDEVELOPMENT AGENCY MINUTES`- OCTOBER, 26, 1993 officers. Mrs. Cherveny presented her campaign flier and read part of her political positions. She questioned the amount of sales tax the City really receives from the Outlet Center and stated that it was not near what was projected. She explained that she had contacted Code Enforcement privately and that it was not City Business and Mr. Winkler had no right to involve himself nor give an opinion. She pointed out that Councilman Dominguez calls Code Enforcement all the time and he is never chastised. She stated that she felt because of the sensitive situation that is between her neighbor and her that Code Enforcement was the right way to approach the problem, as the dog waste in her neighbor's yard next door had created a problem, with flies and smell. She further stated that her neighbor removing the fence along her side yard had created a- problem of dirt washing down on her pavement every time it rains or her neighbor waters. She explained that by Mr. Winkler's interference he was not part of the solution so therefore he must be part of the problem. She criticized Mr. Winkler for making comments about Councilman Alongi and explained that she felt that Council should not have to defend themselves, and that in her opinion Mr. Winkler was a self - serving disgrace to the Council and the community and that she would no longer tolerate nasty Councilwoman bashing in the future because she has more self- respect than to allow that to continue to happen. She explained that she does have a private attorney that specializes in slander and defamation of character. She apologized to the citizens of the community and explained that she felt that it was necessary to defend herself, and that she felt that if you allow someone to continue to attack then they never get the - message, and it is her hope that tonight would get the message across. She cautioned Mr. Winkler that she would make a rebuttal to all his future comments and asked that he stay out of her personal business.. Councilman /Chairman Winkler commented on the following: 1) Explained that when a Councilperson involves City staff it is the business of every person in the community. He felt that Mrs. Cherveny had understated her involvement with City staff in her personal disputes and he felt that the dangerous part is that she feels that she really can use City staff to hammer out your own private disputes. He stated that he wished that they would be private and the lawsuits or letters are not the important issues, the City staff should not be involved. COUNCILWOMAN /BOARDMEMBER CHERVENY LEFT THE MEETING AT 9:55 P.M. He stated that he would not be intimidated by Councilwoman Cherveny. walking out and addressed the concept of filing a declaration or being subpoenaed. He asked Legal Counsel Harper for the definition of Subpoena Ad Testificandum. Legal Counsel Harper defined Subpoena Ad Testificandum as a subpoena that requires a person to testify. Councilman Winkler then asked. Legal Counsel Harper to define Subpoena Duces Tecum. Legal Counsel Harper stated that this is a subpoena which requires a person to produce certain documents . He asked if there was a subpoena which requires a person to.. give a declaration. Legal Counsel Harper stated that there was not. Mr. Winkler stated that the subpoena concept is ridiculous and explained that if a Councilmember receives a communication from an attorney who is representing 1•b, PAGE- OF g_ PAGE SEVEN - REDEVELOPMENT AGENCY MINUTES,- OCTOBER 26, 1993 someone suing the City, the City Attorney should be contacted immediately. He stated that Councilwoman Cherveny did not do that. He explained that when he ran -for re- election a few years ago, he had to, justify to Councilwoman Cherveny spending City money to build a Retail Outlet.Center... He stated that the Outlet Center has generated $409,000. in „sales tax revenue. At the time of the completion of the fourth phase it will be _approximately one million dollars in revenue. At the build out that will mean one million dollars every year as well as additional money in tax increment through the RDA. Mayor /Boardmember Washburn commented.on the following: 1) Announced the United Way Telethon, November 13, 1993, from 2:00 p.m: to 12:00 a.m., This will be an opportunity to pledge and enjoy live programming. This will be on King Videocable, Channel 3. 2) Explained that he .would like to respond to Councilwoman Cherveny Is comments and stated that public safety” is important, but that is not the only thing that is important in and to the. City. By not looking at the total picture Councilwoman Cherveny is not cooperating and functioning as a complete Councilperson. The crime issues are not being ignored by the rest of Council and there was no increase from last year to this in felony crimes, traffic.was reduced,', by 138, non criminal activity was reduced 12%. ' He explained that some years the percentages go. up and some. down, but what has made the decrease this year was not ;,just the sworn officers, but Code Enforcement, Citizens Crime Watch, structure abatement, and involvement of the entire community. He explained to make a difference, takes a lot of effort and time. He stated that in his opinion Councilwoman Cherveny was using the committees to exercise her powers outside the Council and he was glad that it was stopped. By bringing all. issues back to the full, body of the Council, it allows everyone to make a decision and not just one or two persons. He stated that in,his opinion, the sensitive situation that Councilwoman Cherveny talks about should have been solved between she and her neighbor and not cause the involvement of the City Manager, the City AttorneyPand Staff. He further cited the fact that she has used the local papers to platform her views and criticize the Council. He explained that she went to staff when Graham was being done and she got concrete work done in front of her property, and cautioned that she does need to be concerned with Conflict of Interest. He stated that in his opinion, she does not believe in this City and this community or she would work as a partner. He stated that he knew it was not easy for everyone to work together, but a way must be found to work within the system to benefit and improve the community. He stated that during the recall she used her position to promote the efforts, and he feels that she is upset because he was not recalled and now she does not cooperate. As the Mayor of Lake Elsinore he asked for her resignation. Mayor Pro Tem /Boardmember Dominguez commented on the following: 1) Reported that Make a Difference Day was a success. It involved the Boy Scouts, Schools, Sheriff's, Cal Trans, AGENDA !7 E:�. fVO. PAGE EIGHT - REDEVELOPMENT AGENCY MINUTES - OCTOBER 26, 1993- and several volunteer groups and they cleaned from the Ortega Highway to Four Corners as well getting rid of the graffiti at Corydon and Grand Ave. 2) Stated that there were many activities last weekend that were good in the community such as Autumn Fest, Red Ribbon Day and a Pow Wow at Elsinsore'West Point Marina. 3) Thanked the people at the Airport that presented programs for the Autumn Fest. He stated that they did a very good job. 4) Stated his concern regarding the letters from the Jean Hayman School regarding the Christmas Parade. He explained that the City does try to work with the different organizations and,when they do not live up to their commitments the City is blamed. He stated that he felt that the City should withdraw from the organization that failed to do their part and in the future, present the programs independently. Mayor /Boardmember Washburn weekend is the last week of and there will be a costume celebrate the last week. He CLOSED SESSION gave a reminder that the upcoming the October Fest at the Rodeo Grounds contest and several other events to encouraged the community to attend. THE REDEVELOPMENT AGENCY MEETING WAS ADJOURNED TO A. JOINT CLOSED SESSION WITH THE CITY COUNCIL TO DISCUSS MATTERS OF POTENTIAL LITIGATION AND A SINGLE CRIMINAL CASE, PEOPLE,VS. FROHOCK AT 10:05 P.M. . . THE REDEVELOPMENT AGENCY MEETING WAS RECONVENED AT 10:41 P.M. WITH NO ACTION TAKEN. MOVED BY WASHBURN,- SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT AT 10:41 P.M. TO ADJOURN THE_ REDEVELOPMENT AGENCY MEETING TO OCTOBER 28, 1993, AT 2:30 P.M. AT CITY HALL, 130 SOUTH MAIN STREET, LAKE ELSINORE. Respectfully Submitted, Adria L. Bryning, Deputy City Clerk ATTEST: VICKI KASAD, CLERK OF THE BOARD REDEVELOPMENT AGENCY JIM WINKLER, CHAIRMAN REDEVELOPMENT AGENCY AGENDA ITEIM,f fir♦.- - PAGE3, 07_..2.,,.....