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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 **s******~*t*****t*******~**+t~*~*******s*t******r*****r****~***** 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. x: 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. :~ 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. ~ ~'C~ ~`~~j~ GARY . WASHBURN, MAYOR A TEST: ~~~ KC I KASAD CI CLERK