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HomeMy WebLinkAbout06-14-1994 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 14, 1994 - ***************************************************************** 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, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, City Planner Leslie, Acting Chief Building Official Russell, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects watenpaugh, city Treasurer Pape and City Clerk Kasad. - PRESENTATIONS/CEREMONIALS A. Update on Outflow Channel Proiect. (F:92.2) Mayor Washburn announced that Mr. Lowe was unable to attend this meeting due to an emergency, but advised that Chaney Street will reopen on Friday and Heald will open on Monday. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item Nos. 6, 21 and 37; and deferred to those discussions. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 6, 7, 8, 9, 11 and 12. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. - The following Minutes were approved: (F:44.4) a. Regular city Council Meeting - May 24, 1994. b. Adjourned Joint Special City Council/Redevelopment Agency Meeting - May 31, 1994. 2. Received and ordered filed the Building Activity Report for May, 1994. (F : 32 . 2 ) 1. PAGE TWO - CITY COUNCIL MINUTES - JUNE 14, 1994 3. Received and ordered filed the Investment Reports for March, 1994 and April, 1994. (F:12.5) 4. Ratified Warrant List for June 1, 1994. (F:12.3) Rejected and referred to Claims Administrator for handling the Claim submitted by Ronald D. Ellis (CL #94-9). (F:52.2) 10. Appropriated $9,000 to fund the Drainage Improvements in the Alley between Riley street and Langstaff street from the Drainage Fund as they relate to storm Drain Improvements Along Outlet Channel. (F:92.2) 5. - ITEMS PULLED FROM CONSENT CALENDAR 6. citv-wide Liahtina & LandscaDe Maintenance District - Fiscal Year 1994-95 - Initiation of Process - Resolution Nos. 94-28 to 94 - 30 . (F : 22 . 2 ) ci ty Manager Molendyk explained that this is part of the annual process for the Lighting and Landscape Maintenance District. He noted that the proposed increase averages $10 per household for the year, or approximately $.87 per month. He detailed the hearing process which will culminate with the public hearing on August 2, 1994. Ace Vallejos, 15231 Cobre street, stressed his concern for any new taxes. He detailed his current bill for this item versus his billing for property in the County area. He indicated that there is no reason for the proposed increase. - MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE PUBLIC MEETING DATE OF JULY 7, 1994 AT 7 P.M., AND PUBLIC HEARING DATE OF AUGUST 2, 1994; AND ADOPT RESOLUTION NOS. 94-28 TO 94-30. RESOLUTION NO. 94-28 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. 94-29 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITHIN SAID CITY. RESOLUTION NO. 94-30 A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TOT HE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE FOR THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. -- PAGE THREE - CITY COUNCIL MINUTES - JUNE 14, 1994 7. ImDlementation of Council Policy for Park Usaae. (F:120.1) councilman Alongi expressed concern with this item because he does not like to see the children impacted by politics. He suggested that what is needed is regional parks developed through cooperation between the city and County. - MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSENT TO PROCEED WITH IMPLEMENTATION OF THE COUNCIL POLICY FOR PARK USAGE AS SET FORTH IN RESOLUTION NO. 92-89A. 8. Senior Center Chanae Order - Reprogramming of 19th Year Community DeveloDment Block Grant Fundina. (F:144.3) MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE CHANGE ORDER IN THE AMOUNT OF $13,300 TO COMPLETE THE SECURITY FENCING FOR THE SENIOR CENTER PROJECT AS SUBMITTED BY MODCRAFT, INC.; AND REPROGRAM $13,300 FROM THE 19TH YEAR C.D.B.G. PARK RETRO-FIT PROJECT TO THE 18TH YEAR C.D.B.G. SENIOR CENTER PROJECT TO COMPLETE THE PERIMETER SECURITY FENCING. 9. Reallocation of SDecial DeDosits for Lake Elsinore Cultural Center. (F:134.10) City Manager Molendyk indicated that staff was reviewing this item for additional items and requested that it be continued. - MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM. 11. Cost Recoverv for Structure Abatement of 16280 Lakeshore Dr i ve . ( F : 32 . 4 ) Councilman Alongi indicated that he would like to see the wording for this action changed. He indicated that instead of "after two years" he would prefer, "immediately after two years". Mayor Pro Tem Dominguez concurred with this recommendation. ci ty Attorney Harper indicated that would be his understanding, but it would really make no difference. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACING OF A SPECIAL LIEN AGAINST THE PROPERTY. 12. Set Public Hearina Date of June 28. 1994. for the followina: a. Town of Lucerne MaD - Inco Homes - A reauest to amend the Town of Lucerne MaD an Ado9t Neaative Declaration No. 94- 4 Dursuant to CEQA Section 15070. The project lays south of Lakeshore Drive. east of Grand Avenue. for the construction of 177 single-familY homes. (F:110.2) City Manager Molendyk requested that this matter be renoticed and scheduled for July 12, 1994. - MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO SCHEDULE THIS ITEM FOR JULY 12, 1994. PAGE FOUR - CITY COUNCIL MINUTES - JUNE 14, 1994 PUBLIC HEARINGS 21. Conductinq Authoritv Hearinq for Annexation 62 - Located west of Grand Avenue at the Western Termini of Amorose street and Toft Drive (Dr. K.S. Chen - Goodland Investments) - Resolution No. 94-31. (F:20.2) City Planner Leslie explained the action required as part of the procedure for annexation. - Mayor Washburn opened the public hearing at 7:12 p.m. asking those persons interested in this item to speak. The following persons spoke. David Gottlieb, representing the applicant, detailed the proposed action and noted the additional conditions to be met for LAFCO compliance. Ace Vallejos, 15231 Cobre street, commented that this hearing is a waste of taxpayers' money, noting that final approval is contingent on Annexations 65 and 68. He suggested that the action be abandoned. Lee Bulen, 14949 Toft, submitted letters of protest from 100% of the registered voters in Annexation No. 62 and noted an irregularity in the map. He also noted that the recent prezoning on this area was not consistent because some of the area is zoned R-A and some is zoned R-R, based only on lot size. He stressed the LAFCO conditions and hoped for the future Council to better listen to the concerns of the residents. - Beverly Pound, 14673 Toft, indicated that she had sold a portion of her property to Mr. Chen, but did not agree to be annexedj and even required that the escrow instructions be changed. She indicated that her property is not uninhabited and stressed that she would not support the annexation. The City Clerk reported four letters in opposition to the annexation, one from the Ortega Trails Recreation & Park District and three from residents in the area. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 2 TO 0 WITH CHERVENY ABSENT AND WINKLER AND WASHBURN ABSTAINING TO ADOPT RESOLUTION NO. 94-31 AND DIRECT THE CITY CLERK TO FURNISH LAFCO WITH TWENTY-TWO CERTIFIED COPIES OF SAID RESOLUTION AND A CHECK MADE PAYABLE TO THE STATE BOARD OF EQUALIZATION IN THE AMOUNT OF $900.00. RESOLUTION NO. 94-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS "ANNEXATION NO. 62" ANNEXED TO THE CITY OF LAKE ELSINORE. BUSINESS ITEMS - 31. Second Readinq - Ordinance No. 982 - relating to the Design Review Committee. (Fj59.4) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 982 UPON SECOND READING: PAGE PIVE - CITY COUNCIL MINUTES - JUNE 14, 1994 ORDINANCE NO. 982 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 952 (SECTION 17.11.050 OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 983 - relatinq to Solicitation from Vehicles. (F:127.2) (X:40.1) - Councilman Alongi expressed concern with the impact of this ordinance on Day Laborers. He indicated that he did not feel this was unlawful solicitation, as would be prostitution or drug activities. He agreed that the stopping on the street to pick up workers should stop, but suggested that another program should first be in place. He also noted the fault of the people who pick up day laborers and indicated that he would not have a problem in them paying the fines. Mayor Pro Tem Dominguez questioned the ability to separate drug activity from lawful activity. He indicated that the laws should apply to everyone. Councilman Alongi stressed that the laborers are hard working people, just trying to make a living. Mayor Washburn suggested that Mr. Alongi address this further under Council Comments. MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 983 UPON SECOND READING: ORDINANCE NO. 983 AN ORDINANCE OF THE CITY OF LAKE ELSINORE RELATING TO THE SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS OF MONEY OR OTHER PROPERTY WITHIN THE CITY. UPON THE FOLLOWING ROLL CALL VOTE: NOES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN COUNCILMEMBERS: NONE AYES: - ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 33. Second Readinq - Ordinance No. 984 - relating to Motorboat Noise. (F:92.1) (X:127.2) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 984 UPON SECOND READING: PAGE SIX - CITY COUNCIL MINUTES - JUNE 14, 1994 ORDINANCE NO. 984 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, AMENDING CHAPTER 17 BY DELETING SUB-SECTION 78.090 d MOTORBOAT; AND ADDING SUB- SECTION 200 MOTORBOAT NOISE TO 9.96 BOATING REGULATIONS. UPON THE FOLLOWING ROLL CALL VOTE: - AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 34. Council Policy - Memorial Tree Plantinqs. (F:120.1) City Manager Molendyk explained the type of requests which might arise and detailed the recommended policy. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ALLOW MEMORIAL TREE PLANTINGS UNDER THE FOLLOWING CONDITIONS: 1) TREES SHOULD BE PLANTED WITHIN EXISTING PARK FACILITIES, IN COMPLIANCE WITH APPROVED PARK PLANS. 2) TYPE OF TREES SHOULD BE SELECTED FROM THE EXISTING APPROVED LANDSCAPE GUIDELINES. 3) PLAQUES SHOULD BE DISCOURAGED DUE TO THE COST OF MAINTENANCE AND REPLACING DAMAGED OR STOLEN PLAQUES. - Councilman Alongi suggested that the policy allow for placement of markers such as that at the Chamber of Commerce facility. He stressed that the whole reason for planting trees is to have them serve as memorials. Mayor Pro Tem Dominguez stressed that the plaques should be discouraged. Councilman Alongi further stressed that plaques should be allowed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 35. Lake Elsinore Master Plan/Economic Feasibilitv Study. (F:92.1) City Manager Molendyk noted that this study was a condition of the acceptance of the Lake. He advised that it was prepared by Noble Consultants and study sessions have been held to review it. He indicated that it should be used as a guideline for future development. He also noted that it would allow for grant dollars to address problems with the Lake. Mayor Washburn noted the extensive review process and input from the Lake Advisory Committee. ...,.", MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT THE LAKE ELSINORE MASTER PLAN/ECONOMIC FEASIBILITY STUDY AS PREPARED BY NOBLE CONSULTANTS, INC., AND DIRECTED STAFF TO BRING THE ATTACHED DRAFT MITIGATED PAGE SEVEN - CXTY COUNCXL MXNUTES - JUNE 14, 1994 NEGATIVE DECLARATION BACK TO THE CITY COUNCIL FOR APPROVAL, FOLLOWING THE PUBLIC COMMENTS PERIOD. - 36. Partial Lake Closure/Waiver of Speed Limit and Waiver of Ski Tow RODe Length - National Speed Boat & Water Ski Association Circle Race. (F:151.1) (X:92.1) ci ty Manager Molendyk explained this request for partial closure of the Lake on September 24 and 25, 1994. He noted that the previous event was a positive experience for the Community and there is no financial impact to the City. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO APPROVE PARTIAL CLOSURE OF LAKE ELSINORE TO PUBLIC USE FOR SATURDAY AND SUNDAY, SEPTEMBER 24TH AND 25TH, FROM 8:00 A.M. TO 5:00 P.M. EACH DAY, AND ALLOW EXCLUSIVE USE OF THE LAKE TO THE NATIONAL SPEEDBOAT AND WATER SKI ASSOCIATION; WAIVE THE BOAT SPEED LIMITS AS DEFINED IN THE LAKE ELSINORE MUNICIPAL CODE SECTION 9.96.120 FOR THIS EVENT; AND WAIVE THE SKI TOW ROPE LENGTH OF 75-FEET AS DEFINED IN MUNICIPAL CODE SECTION 9.96.090 FOR THIS EVENT. Ron Swanson, President, Region 2 National speedboat and Water Ski Association, requested approval and noted the positive venue that Lake Elsinore provides for this event. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. Councilman Alongi questioned waiver of noise limitations. - MAYOR WASHBURN NOTED FOR THE RECORD THAT THIS APPROVAL WAS TO INCLUDE A WAIVER RELATING TO THE MOTORBOAT NOISE LIMITATIONS. 37. Special Events permit/Lake Elsinore Marine Search & Rescue - Waiver of Fees. (F:151.1) (X:92.1) city Manager Molendyk explained this request, noting that the fee would be $1,200 and the cost of security on the Lake. Bill Staples, Commander of the Lake Elsinore Marine Search & Rescue organization, detailed the proposed event and noted that it has been done since 1975. He stressed that this was a volunteer organization and explained that $1,200 was out of their reach. He further stressed that they are the ones who provide rescue after dark and all of the members know the Lake very well. Mayor Pro Tem Dominguez indicated that he was one of the first to participate with this event. He stressed that it is a traditional program which has never cost the City any money. He also noted that the Community looks forward to it. He indicated that he would have no problem with the event as long as they agree to hold the City harmless. Councilman Alongi concurred with Mayor Pro Tem Dominguez. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE WAIVER OF FEES CONTINGENT UPON THE ORGANIZATION PROVIDING A HOLD-HARMLESS DOCUMENT FOR THE CITY. Mayor Washburn commented on the cost recovery prcqram, but recognized the posi ti ve means this would provide for promoting the Lake. He also indicated that he could see future PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 14, 1994 potential for this event. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Deferred to Redevelopment Agency Meeting. - CITY KANAGER COMMENTS Deferred to Redevelopment Agency Meeting. CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. CLOSED SESSION None. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CANCEL THE NEXT REGULAR MEETING SCHEDULED FOR JUNE 28, 1994, TO ALLOW STAFF TIME FOR ORIENTING NEW COUNCILMEMBERS, DRAFTING THE BUDGET AND PREPARING FOR THE JULY 4TH EVENT AT 7:39 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 7:50 P.M. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADD AN ITEM NO. 38 TO THIS AGENDA _ CONCERNING A REQUEST FROM THE SAVE THE LAKE COMMITTEE TO WAIVE THE DAY USE FEES FOR ONE DAY TO ALLOW BETTER PROMOTION OF THE LAKE. 38. Reauest for One Dav Waiver of Dav Use Fees. (F:92.1) Mayor Washburn explained this request. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ALLOW ONE WEEK A YEAR, AT THE CHOICE OF THE LAKE ELSINORE VALLEY CHAMBER OF COMMERCE IN COLLABORATION WITH STAFF, TO ALLOW FOR PROMOTION OF THE LAKE WITH NO DAY USE FEES BEING CHARGED. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING W ADJOURNED AT 7:53 P.M. /r; /)JIO~ . WASHBURN, MAYOR LAKE ELSINORE :('l'EST: \Lt < . VICKI ~:,AD, cr.'y CLERK CITY OF LAKE ElSINORE .....