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HomeMy WebLinkAbout08-08-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 8, 1995 ************************************************************* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILKEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Building & Safety Manager Russell, Engineering Manager O'Donnell, Associate Planner DeGange and CIty Clerk Kasad. PRESENTATIONS/CEREMONIALS a. Report on Limited Avenue Improvement Proiect. (F:156.2) Engineering Manager O'Donnell provided an update on this project for which construction just began. He detailed the traffic configuration and the improvements included in the project. Councilman Alongi noted that he had received calls regarding the barricades on Lakeshore Drive at the Outflow Channel. He indicated that there was a recent accident at that location and suggested that staff investigate flashing lights to make the barricades more visible. Mr. O'Donnell indicated that they would investigate the possibility of lights. b. Report on Four Corners Storm Drain Proiect. (F:155.1) City Manager Molendyk noted that the contractor recently walked-off this job site and indicated that the striping in place was done by the City as a temporary measure. Engineering Manager O'Donnell indicated that he has been in discussion with the Riverside County Flood Control District ....OrT::>....r1~nrT +-h~C! .........n;oro+- ::>nrl +-ho 'Rnnrl~nrT ("Inm.....::>n'T h::>C! ronn-F~....morl PAGE TWO - CITY COUNCIL MINUTES - AUGUST 8, 1995 councilman Pape questioned the timing for completion of the wor.k. Mr. O'Donnel indicated that it should be completed in about a month. Councilman Alongi noted that there is still debris from the project, on a piece of property in the vicinity and questioned when it would be removed. Mr. O'Donnell indicated that staff will try to expedite its removal, however, contact should be made with the Riverside County Flood Control District, since they are the lead agency for -- the project. PUBLIC COMMENTS-AGENDIZED ITEMS Requests were received to address Item #21 of this agenda and deferred to that discussion. CONSENT CALENDAR The following Items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1.a., 5 and 8. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were received and ordered filed: b. planning Commission Meeting - July 19, 1995. (F:60.3) c. Design Review Committee Meeting - July 19, 1995. (F:60.4) d. Design Review Committee Meeting - July 26, 1995. 2. Received and ordered filed the Investment Report for June 30, 1995. (F:12.5) .... 3. Ratified Warrant List for July 31, 1995. (F:12.3) 4. Rejected and referred to Claims Administrator the Claims submitted by James pisciotta (CL #95-8), General Motors corporation (CL #95-9), Luis Aragon (CL #95-10) and Herbert stark (CL #95-11). (F:52.2) 6. Adopted Resolution No. 95-58 relating to a stop Sign Controlled Intersection at Heald Avenue/Moroni Avenue. (F:162.4) RESOLUTION NO. 95-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS (HEALD AVENUE/MORONI AVENUE). 7. Approved Final Tract Map No. 24624-7 for Cent ex Homes accepted Dedications and authorized recordation. (F:160.2) PAGE THREE - CITY COUNCIL MINUTES - AUGUST 8, 1995 5. Animal Control Services Contract - Lake Elsinore Animal Friends (L.E.A.F.). (F:68.1) (X:18.3) Councilman Alongi noted that this cut was discussed at budget time and he is opposed to it. He indicated that this is an area of service which should not be cut, but rather find funds to continue the present commitment. He stressed that this represents a 33% reduction in the City's commitment. MOVED BY BRINLEY, SECONDED BY PAPE TO APPROVE THE L.E.A.F. CONTRACT FOR $75,000 AS ADOPTED IN THE 1995/96 FISCAL YEAR BUDGET. Mayor Washburn questioned conflicting time schedules within the contract. Assistant city Manager Watenpaugh clarified that these were open hours of the shelter vs. on call emergency hours. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 8. Approved Wetlands Operation & Maintenance Aqreement and Conservation Easement. (F:68.1) (X:132.1) Councilman Alongi questioned whether the $40,000 figure was a budgeted item, and where the dollars will come from. Mayor Washburn noted that his reading of the item indicated that it is not required until the year 2001. City Manager Molendyk clarified that there is a maintenance obligation now, in that the City is already providing grubbing work. He further clarified that this obligation was accepted previously. Assistant City Manager Watenpaugh explained that the obligation is part of the requirements of the 404 Permit. He further explained that these conditions were negotiated through the Lake Management discussions, and the ultimate $40,000 figure is down from $100,000. He noted that the funds are already allowed for maintenance and lake patrol. MOVED BY BRINLEY, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE WETLANDS OPERATION AND MAINTENANCE AGREEMENT AND CONSERVATION EASEMENT. PUBLIC HEARINGS 21. Zone Change 95-1 - A Reauest to Chanqe the Zoninq Classification for three Parcels located at 215 Chaney Street from R-1 Sinqle-Family Residential to R-2 Medium Densitv Residential and Reconsideration of Desiqn Review Approval for a Residential Duplex - Rov Terrebonne. (F:172.2) PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 8, 1995 The City Clerk reported receipt of a petition containing 78 signatures and three letters in opposition to the proposed zone change. Mayor Washburn opened the public hearing at 7:18 p.m. asking those persons interested in this item to speak. The following persons spoke: Roy Terrebonne, applicant, reminded Council of prior discussions and his pre-investigation of the property and possible uses. He stressed the amount of his investment in the property and planning to date and detailed his efforts. He indicated that he blieves that the City should compensate him for those expenses. He further indicated that he does not want to place a duplex on that property any longer, and would concur with the neighbors that it is not appropriate. .... Denise Thompkins, 218 Chaney street, noted that she is a resident across the street from the property and has been for 11 years. She noted that she too investigated potential development for the area and there was no indication that there could be mUlti-family development in the area. She requested denial of the proposed zone change. Hearing no further comments, Mayor Washburn closed the public hearing at 7:22 p.m. Councilman Alongi requested clarification as to whether Mr. Terrebonne still had an interest in building a duplex on the property, or whether he was only interested in suing the city. Mr. Terrebonne indicated that he was more interested in suing the City. Mr. Alongi furhter questioned whether Mr. __ Terrebone would still like the change from R-1 to R-2. Mr. Terrebonne indicated that he feels it would be a waste of time. Mayor Pro Tem Bender questioned the cost of plans and fees paid to date. Mr. Terrebonne indicated that he had spent about $10,000 to date with fees and fire department fees. Councilwoman Brinley requested clarifiecation that Mr. Terrebonne concurred with the neighbors and inquired whether he might still build within the R-1 zoning. Mr. Terrebonne indicated that he would if he could get the money he has spent back. Mayor Washburn noted that this was not the appropriate time for negotiating. Councilwoman Brinley inquired whether there was a possibility of transferring the fees, if Mr. Terrebonne decides to build an R-1 project. city Attorney Harper indicated that would be possible, but PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 8, 1995 residential densities anticipated for this site within the General Plan Land Use Element. The proposed action is therefore not consistent with the Goals, Objectives and Policies of the General Plan and the standards established in the Municipal Code. BUSINESS ITEMS 31. ProDosal for CamDaiqn contributions Requlations - Consideration of Establishinq Future Date for Discussion - Requested by Councilman Alonqi. (F:72.1) Councilman Alongi noted that he requested this item on behalf of AARP and their representatives are present to speak. Louis stark, President of the Elsinore Chapter of AARP, explained that they have an interest in improving the citizen participation level in the electoral process. He expressed concern that the process is being eroded by candidates accepting large contributions from special interest groups. He detailed a program which is in use in the city of poway and requested that Council consider adopting such a program. Councilman Alongi expressed interest in the limitation proposal and indicated that he feels taht there needs to be more control over the dollars being contributed. He noted that several contributions are coming from outside the community. He suggested that Council sit down and discuss this proposal. Mayor Pro Tem Bender noted that the recommendation for this item is to schedule a future date for discussion, such as a work session. He indicated that he would not have a problem with discussing the proposal, although he is not necessarily in support or opposition to it. He questioned how many other cities have such an ordinance and indicated that he does not like to consider matters which are in conflict with state and Federal laws. He reiterated that he would not have a problem with discussing the matter further, at a later date. Councilman Pape commented that Mr. Stark indicated this participation was the basis for this proposal, and it might help to correct the participation. He concurred that the goal of getting more people involved was an admirable one, but the premise of this proposal was not appropriate. He indicated that based on his experience local candidates are generally funded in small amounts, and it is not common to receive $1,000 from one person. He indicated that the proposal is a 17 page ordinance which would be difficult to administer and to enforce. He stressed the difficulty of record keeping and the magnitude of paperwork this would entail. He encouraged the group to focus on stimulating ...,._....."""..... 'lI""IIt.~..........;~.;""'!:Il......;""""'" -F"".. -I-'h.o 111'..u....I""\1'n.;nrr olo,...+-;nn PAGE SIX - CITY COUNCIL MINUTES - AUGUST 8, 1995 applicability for this community. He indicated that it might be something to benefit the people who run for office or people who have considered running. MOVED BY ALONGI, SECONDED BY BENDER AND FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH BRINLEY, PAPE AND WASHBURN CASTING THE DISSENTING VOTES TO SCHEDULE THIS HATTER FOR A FUTURE MEETING. - THE CITY COUNCIL MEETING WAS RECESSED AT 7:45 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:47 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Thelma Ball, 15682 Grand Avenue, questioned the possibility of additional air conditioning at the Senior citizens Center. She stressed the contributions of their organization to the Community. Mayor Washburn inquired whether a request had been submitted and indicated taht staff would follow-up on the request. Bettie Burke Bleifuss, 150 E. Lakeshore, indicated that there is much misinformation being presented about the community and Senior Center. She expressed appreciation for the many activities and services provided through the Senior Center and its staff. She expressed concern that several people seem to only want to complain. Chris Hyland, 15191 Wavecrest, addressed Councilman Pape regarding the previously proposed utility users tax and expressed concern that the proposed action is only borrowing on a debt and it will still need to be paid back. She inquired whether the refinancing has been initiated and stressed the need for collateral to obtain a loan. City Attorney Harper advised " that the necessary numbers were received this date and will be forwarded to the underwriter so the refinancing can proceed. - Lela Cardoza, 300 Ellis, encouraged the Council to view Councilman Alongi's television program on Thursday. Richard Davenport, 17957 Ryan, requested discussion of an appeal submitted this evening. City Attorney Harper explained that this was not appropriate and detailed the appeal process. Mariana Mohylyn, 305 W. Sumner, commented on the rights afforded citizens of the United States. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Mayor Washburn reminded the residents of Community Pride night which was scheduled for August 9, 1995 and encouraged Community PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 8, 1995 THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:05 P.M. TO DISCUSS THE ABOVE MENTIONED ITEMS. THE CITY COUNCIL MEETING RECONVENED AT 8:49 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY PAPE, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:50 P.M. ( A~TEST: ~ ()\ (\~ (1./ u:ill?~\ VICKI RASAD, CITY ERE CITY OF LAKE ELSINORE Uk~ . WASHBURN, MAYOR F LAKE ELSINORE