HomeMy WebLinkAbout04-01-1993 City CouncilRDA Work SessionMINUTES
CITY COUNCTL/REDEVELOPMENT AGENCY
WORR SESSION
CITY AF LARE ELSINORE
13D'S. MAIN STREET
LARE ELSINORE, CALIFORNIA
THURSDAY~ APRIL l~ 1993
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CALL TO ORDER
The Work Session was called to order by Mayor Washburn at 3:05 p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS/BOARDMEMBERS: DOMINGUEZ, WINKLER,
WASHBURN
ABSENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI~ CHERVENY
Also present were: City Manager Molendyk, City Attorney Harper,
Director of Special Projects Watenpaugh and City Clerk Kasad.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Director of Special Projects
Watenpaugh.
DISCUSSION ITEM
1. Use of Runwavs - Skylark Airport.(F:14.1)
Director of Special Projects Watenpaugh commented on the
history of the airport and detailed recent discussions
concerning the temporary use of the alternate runway. He
further commented that upon investigation, he had found
indications of only two crashes in the last 3 to 3-1/2 years.
He noted a substantial amount of "transient" air traffic in
this airport. He also noted that the runway wa5 presently
blocked to prevent landings. He addressed questions of
safety, advising that the airport is required to follow
Federal and Caltrans safety requirements; responsible
authority for citations being City Police Officers or Code
Enforcement; responsibility for suggesting changes, which lies
with Tony Brogdon, Airport Manager; and existing Conditional
Use Permits, which are held by the airport and Skydive
California. He explained that the runway being considered for
temporary use was closed in 1987 when Jean Hayman School was
constructed. He further explained that an avigation easement
exists over the Serenity Homes tract. He advised that what is
presently being requested is the ability for one plane per
week to take-off and land in connection with the airplane
repair business of Mr. Perkins. He stressed that the School
District has no problems with this request and does not even
feel Board consideration is necessary. He also noted
discussions with Mr. Reasons and Mr. Ferguson of the
Department of Transportation, in which they indicated their
concern is insuring that safety requirements are met for the
runway.
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Mayor Washburn requested clarification of the runways and
their direction. Mr. Brogdon showed the runway
PAGE TWO - WORR SESSION MINUTES - APRIL 1, 1993
configuration, noting that the normal operation runway is
toward the Lake.
Mayor Washburn requested clarification of the letter
previously authorized by the City Council. Mr. Brogdon
clarified that it allowed for use of one Cessna and one Otter,
with DC-3's excluded.
Director of Special Projects Watenpaugh noted that there are
currently no approvals for night take-offs or landings,
because there is no lighting in place.
Mayor Washburn commented on the original approval of the
Serenity Homes tract. He questioned the details of the CUP,
believing that it regulated only buildings and lighting. He
also questioned the ability of the City to regulate the
operations.
City Manager Molendyk indicated that staff has now been told
by Mr. Reasons that it is the City~s responsibility to close
a runway. He noted that there is some uncertainty as to what
the current problem is. He questioned whether this is an
ongoing problem which might be related to the airport
management or whether it is only a problem due to the recent
flooding and temporary runway. He noted that clarification
has been provided that Mr. Brogdon is the Airport Manager. He
explained the ability of local law enforcement to obtain
numbers from the planes and cite the planes when on the ground
at the airport.
Mayor Washburn questioned the enforcement issues. Mr. Brogdon
detailed an example which occurred on March 23rd, in which a
gentleman was told he could not fly out of the airport and
would be"'required to remove the wings and transport via land.
The man disregarded this information and took-off from Skylark
and landed at Chino Airport. He has since been arrested and
is in jail in connection with this incidence.
Councilman Winkler inquired when the water truck was placed to
block the runway. Mr. Brogdon indicated it was placed on
March 24th.
Mayor Washburn inquired whether there was a runway not
controlled by Mr. Brogdon. Mr. Brogdon indicated that there
was one on Mr. Pribble~s property, however is not an approved
runway.
Mayor Washburn questioned the number of aircraft at this
airport and the logging system used. Mr. Brogdon indicated
.w that they have a list of the planes tied down at Skylark, and
the Cessna is the only plane currently authorized to take-off
and land.
Pamela Rieder, resident of Racquet Club Way, alerted Council
to the danger of this runway being pointed toward the Serenity
Homes tract. She noted that she has spoken with Mr. Brogdon
previously. She suggested that is someone was at the airport
to log the flights it would assist in controlling the
aircraft. She addressed the take-off on March 23rd indicating
that it took-off directly over the Serenity Tract at a low
altitude. She stressed that the residents are not against the
airport, but are concerned with the flights since the flooding
PAGE THREE - WORR SE3SION MINUTES - APRIL 1~ 1993
occurred. She further stressed the risks noting crashes in
Cerritos and Perris."'She expressed concern with the
enforcement issues, noting response time by the Sheriff~s
Department.
City Attorney Harper requested clarification that the CC & R~s
- included a statement relating to the avigation easement. Mrs.
Rieder confirmed that it was included, but noted the
requirement that it be used as "authorized by law", stressing
that the law is not being followed.
Councilman Winkler inquired whether there have been problems ~:
in the last 8 days since the water truck was placed to block
the runway. A resident indicated that one flight had occurred
this date, suggesting that it was very near the Serenity
Tract.
Mayor Washburn commented that the flooding problem occurred
quickly and efforts have been made to solve the problems
without safety concerns. He further commented that the
skydiving has already ceased and Mr. Perkins is attempting to
continue business.
Ed Mobley, resident of Somerset Drive, addressed insurance and
financial liability for the City. He particularly noted the
transient air traffic and suggested that the City had a
responsibility to prevent it.
Mayor Washburn clarified the confusion that previously existed
as to who could control the facility.
- City Attorney Harper clarified that while F.A.A. has indicated
that the City can control the land use, the responsibility
shifts to F.A.A., once the planes leave the ground.
Mr. Mobley further commented on unauthorized uses and
liability on the part of the City, particularly with "deep
pocket" legislation. City Attorney Harper indicated that he
would disagree with Mr. Mobley on the level of liability, in
that any lawsuit would include the airport as a defendant and
liability on the part of the City would be very unlikely.
City Manager Molendyk indicated that he heard the neighborhood
saying there was no problem under normal conditions, and since
this is part of the emergency actions he questioned the time
frame for this temporary runway and whether other runways
could be used. He noted that it would be necessary to assure
proper management in any case and questioned the meaning of
"temporary" in this case, and when "normal" operations would
resume.
Mr. Brogdon indicated that it could take two years for
sufficient evaporation to occur. He addressed Mrs. Rieder on
the unauthorized flight and noted that the last plane at the
airport had left this date and would not return. He clarified
that the current request would be to allow for one plane per
week for Mr. Perkins repair operation. He noted that Mr.
Perkins ability to continue business would ensure that someone
would be present 10 hours per day to monitor any unauthorized
flights. He stressed the blockage of the runway and the
departure of the last plane.
PAGE FOUR - WORR SESSION MINUTES - APRIL`1'~ 1993
Mrs. Rieder indicated that they are unsure that this will be
all. She expressed concern with a'flight of the DC-3 and
suggested that there is a credibility problem. She indicated
that she could see no assurances that planes would not take-
off and land. She requested clarification of the current
request.
Larry Perkins, 32019 Corydon, adjacent to the airport,
detailed his background with the airport and aircraft
maintenance. He explained that he has made a request to
Caltrans to be able to bring aircraft in for maintenance. He
read his letter of request for use of the temporary runway,
indicating he would bring one aircraft per week in to the
airport. He detailed the types o€ aircraft which could be
anticipated.
Mrs. Rieder questioned the flight pattern proposed to the
Transportation Department. Mr. Perkins indicated that he had
requested it as proposed in the diagram presented. He
stressed that the flights would go no closer to the Serenity
tract than Mr. Pribble's hangar. He demonstrated the take-off
of the flight this date on the map. He explained that the two
runways currently underwater would use a pattern almost
directly over the Serenity tract at approximately 800 feet.
He stressed the efforts of the pilots to be good neighbors to
nearby homeowners. He commented on "outlaw" flights and
explained that the potential for them always exists,
particularly if the airport is completely closed and no one is
present.
Councilman Winkler questioned Mr. Perkins request to the
Department of Transportation, and whether it would require
that he pilot the planes.-Mr. Perkins advised that this would
primarily be the case, but in some instances he might be the
co-pilot instead.
Councilman Winkler questioned whether the departure was the
most crucial concern. Mr. Perkins indicated that departure
and landing were nearly equal.
Mayor Washburn commented that skydiving has been suspended for
4 to 6 months.
City Manager Molendyk inquired based on the six month
suspension of skydiving, what assurances the residents would
want. He inquired whether there would be some benefit to
pumping the water from the runways. Mr. Perkins indicated
that more is involved than the runways.
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Ann Jonsson, resident of Rolling HIlls Estates, detailed her
experience as a pilot and her participation in the formation
and operation of the Lake Elsinore Soaring Club. She detailed
accident statistics obtained from the National Transportation
Safety Board. She indicated that pilots will make every
effort to avoid housing areas and land in a field, on a road
or other open space. She suggested that the airport
representatives meet with the homeowners to address concerns,
noting that this has not occurred to date. She commended the
operators of Skylark for their concern and professionalism.
Councilman Winkler question the current status of Mr. Perkins
PAGE FIVE - WORR SESSION MINUTES - APRIL 1~ 1993
request. Mr. Brogdon indicated that three letters are
necessary, one from `the Sheriff~s Department, one from the
City and one from the airport owner.
City Attorney Harper clarified the ability to modify the
existing Conditional Use Permit through the public hearing
process.
Councilman Winkler stressed that no action could be taken at
this meeting. He commented that if a danger exists the City
should respond. He further commented that he had gone to the
site and reviewed the situation and gone on a flight. He ,;:
concurred that the turn was completed before the hangar
building owned by Mr. Pribble. He further concurred that
concerns do exist for transient air traffic. He stressed the
actions taken by the airport to prevent air traffic. He noted
that he would personally trust Mr. Perkins based on his
acquaintance with him and his reputation. He assumed
responsibility for not notifying the residents prior to the
consideration of the letter of support. He expressed
satisfaction that the concerns are being addressed. He
commented that based on his experience he does not feel the
homes are at risk, particularly in comparison to the incident
in Perris, which occurred just off the runway.
Ms. Jonsson stressed the statistics for planes which are out
of control and that only 11 deaths have occurred in 10 years,
all of which related to the Cerritos Incident.
Councilman Winkler requested that Mr. Brogdon take down the
names of the residents present at this meeting and get
together and meet with them.
Mrs. Rieder reiterated that there have been no problems until
this runway began to be used. She expressed concern for the
credibility of the airport operators. She further expressed
concern with a lack of certainty that an accident will not
occur. She questioned who could ensure that the laws are not
broken.
Councilman Dominguez commented on his experience with the
runways and the Serenity Tract, notinq he was involved when
this tract was originally considered. He noted that the
concern at that time was for the Jean Hayman School. He
further noted that the developer was required to advise
potential residents of the airport and the avigation easement.
He stressed the fact that flights have occurred over Serenity
all along. He commented that the biggest concern appear to be
control and communication.
Mayor Washburn commented that every time there are emergencies
in the Community, situations are created that are not perfect.
He stressed the efforts to respond to the situation under a
- sense of urgency. He further stressed that this at times
requires decisions to be made on the spot. He also stressed
that Council is looking for a short term solution to the
problem and assurances that it will not become a long term
situation.
City Attorney Harper questioned the potential of adjusting the
runway angle slightly to alleviate concerns. Mr. Brogdon
PAGE SIX - WORR SESSION MINUTES - APRIL 1~ 1993
indicated that he did suggest that to Caltrans, but a drainage
ditch prohibits such a change. Mr. Harper suggested a very
slight variation.
Curly Annis, Operations Director at the Airport, explained
that another problem with angling the runway is the ground, as
this location is the only section that remains adequately
solid with the water that is encroaching on the airport. He
stressed that much of the ground is too soft. City Attorney
Harper inquired what would happen if the end of the runway was
shifted a few feet. Mr. Perkins indicated that is required to
be at least 125 feet from the property line. Mr. Annis
explained the limitations of the property such as power
facilities and poles. Discussion ensued as to possible
alternative configurations.
Councilman Winkler questioned how much space could be gained
by taking the runway back to Cereal Street. Mr. Perkins
indicated that they could gain approximately 28o feet. Mr.
Brogdon indicated the mobiles are in the process of being
moved and he would agree to this change.
City Manager Molendyk inquired of Mrs. Rieder if this plan was
acceptable. Mrs. Rieder expressed continued concern with the
credibility issue. She indicated that the best situation
would be guarantee that the airport was not in use, however if
it is feasible to shifted the runway back it would make sense
to her. She questioned the level of risk, if the schools
mandate that flights not occur over them. City Attorney
Harper.clarified that the reason for the change was because
the funding for the school would have been pulled.
Mayor Washburn stressed the need to find a level of tolerance
and understanding between the two sides of this issue. He
indicated he was looking for cooperation to make the situation
acceptable to both sides. He stressed the need for reasonable
discussions to occur.
City Manager Molendyk requested clarification that the
direction to staff is to have the operator look at moving the
runway back 2so feet and assist in coordinating a meeting
between the airport operator and the residents.
Councilman Winkler indicated he felt that 270 feet should
provide an better cushion and ease some of the concerns.
A gentleman in the audience commented on restrictions placed
,~ on runways on military bases and in other communities. He
indicated that he is aware of the existing easement and noted
that he is now aware of the temporary closure and that the
operator is responsible for the airport and its safety
requirements.
Mr. Brogdon indicated that when he heard there were concerns
he called every person he heard had concerns and stressed that
this does concern him as well. He stressed the difficulty of
discussion at the previous Council meeting, due to the
unruliness of the crowd. He detailed his background in
planning skydiving events world~ide and noted his primary
concern with addressing what could go wrong. He indicated
that he does his best to control the situation, and will
PAGE SEVEN - WORR SESSION MINUTES - APRIL 1~ 1993
pursue steps to address the gentleman who took-off illegally.
He expressed a desire to meet with the residents to address
their concerns.
Mayor Washburn indicated that Mr. Watenpaugh is the lead staff
representative on this matter and any further concerns or
discussions can go to him. He hoped that Mr. Perkins and Mr.
Brogdon would work to resolve the situation. He stressed the
temporary nature of this runway usage.
City Manager Molendyk commented that it is a advantage to the ~,-
City to know with certainty that Tony Brogdon is the
authorized Manager of the Airport.
Mayor Washburn suqgested discussion of date and time before
the residents leave this meeting. Mr. Watenpaugh questioned
the time line for the next meeting. Mr. Brogdon indicated he
is waiting for a letter from the owner Mr. Kakkar and one from
the City.
Councilman Winkler indicated that this could be on the next
agenda, and suggested that the meeting be held as soon as
possible. He stressed that the first concern is safety and
peace of mind for the residents.
THE WORK SESSION WAS ADJOURNED AT :40 P.M.
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GARY . WASHBURN, MAYOR
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KC I KASAD CI CLERK