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HomeMy WebLinkAbout05-11-1993 City Council MinutesMINIITES REGULAR CITY COUNCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY STREET LARE ELSINORE~ CALIFORNIA TUESDAY, MAY 11, 1993 *ar**a***r*****araa*******************************t******raat**** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Introduction of Rodeo Oueen Contestants. (F:108.4) Jennifer Carter and Shaylee Chase announced that the Pageant will be•held on May 22nd at 4:00 p.m. and thanked this year's sponsors for their contributions. The contestants introduced themselves and identified their sponsors. Mayor Washburn thanked them for their attendance at this meeting and wished them well in the Pageant. B. Centennial Parade Video. (F:151.1) Mayor Washburn commented on the County Centennial Parade held on Saturday, May 8th and detailed the float which was built in conjunction with the cities of Canyon Lake, Murrieta and Perris. Community Services Director Sapp explained the joint effort for construction of the float and introduced the new Community Services Manager Marlene Best. Staff showed a videotape of the parade and associated festivities. PIIBLIC COMMENTS - AGENDIZED ITEMS A request was received to address item #39 and deferred to that time. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. i.a., 3 and 4. PAGE TWO - CITY COUNCIL MYN[TTES - MAY 11~ 1993 MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. Councilman Winkler indicated that his vote on Item #5.B. was an abstention. 1. The following Minutes were received and ordered filed: b, Planning Commission Meeting ° April 7, 1993. (F:60.3) c. Planning Commission Meeting - April 21, 1993. (F:60.3) 2. Received and ordered filed the Building Activity Report for April, 1993e (F:32.2) 5. Approved Public Hearing date of May 25, 1993 for the following: a. East Lake Specific Plan 93-3, Environmental Impact Report 93-3, Disposition/Development Aareement and Development Agreement. (F:134.10) The project is generally bounded by Lakeshore Drive on the North, Mission Trail and Corydon Road on the east, the City Boundary line on the south and the shoreline of Lake Elsinore on the west. b. Specific Plan 92-1, Tentative Tract Map 27223 - Friendlv Group 7 (K.S. Chen). (F:150.2)(X:160.2) The project is located at the eastern terminus of Mountain Street northeast of the intersection of Robb Road and Lakeshore Drive. (Vote on this item was 4 to 0 with Winkler abstaining). c. Tentative Parcel Mab 27659 - Oak Grove Equities. (F:110.2) The project is located at the southeast portion of the intersection of Grape Street and Railroad Canyon Road. ITEMS PULLED FROM CON3ENT CALENDAR 1. Minutes (F:44.4) a. Regular City Council Meeting - April 27, 1993. Mayor Washburn indicated that on Item #31 of the April 27, 1993, Minutes his vote should have been recorded as an abstention. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES AS CORRECTED. 3. Warrant List - April 30, 1993. (F:12.3) Councilwoman Cherveny noted that the warrant to YPS for $112,000 had been for street improvements. She indicated that she would withhold her approval of warrants issued to Topper Industries, American Fence Company, Central Cities Signs, D& S Electric, Signs Plus, The Architects; as they pertain to the boat launch ramp, which never received formal Council approval. She further indicated that she would like to see PAGE THREE - CITY COIINCIL MINIITES - MAY il~ 1993 the launch ramp brought before the Council for approval prior to approving the e~enditures. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE TO 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPROVE THE WARRANT LIST AS PRESENTED. 4. Annual Audit - Extension of Agreement - KPMG Peat Marwick. (F:24.1)(X:6S.1) Councilwoman Cherveny commented that this agreement began as an agreement for a three year period and inquired whether this was an item that would normally go to bid. Administrative Services Director Boone indicated that this would generally go to bid, however this was a request for a two year extension of time. Councilwoman Cherveny indicated that she would like to see this go to bid to see if money can be saved on this contract. She questioned the increase over the existing cost. Mr. Boone indicated that it would carry an increase of approximately a 3 to 4~ C.P.I. increase for 1993-94. Mayor Pro Tem Dominguez inquired why this extension was being recommended. Mr. Boone indicated that the time frame for lettinq bids had been missed and this would cover the contract for now. He requested consideration of at least an extension for the 1992-93 audit services, indicating that bids could be obtained for the 1993-94 audit. Councilwoman Cherveny indicated that she would have no problem with the request for this year, with bids obtained for the next year. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE A ONE YEAR EXTENSION OF TIME WITH BIDS TO BE OBTAINED FOR TAE FOLLOWING YEAR. BOSINESS ITEM3 31. Stop Sign Controlled Intersections - Lakeshore Drive - Resolution No. 93-25. (F:162.2) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT RESOLUTION NO. 93-25: Councilman Alongi suggested that it might be appropriate to consider signage indicating "Launch Ramp - 500 Feet" or "1,000 Feet". Mayor Washburn indicated that there had been discussion of placing a flashing light. Public Services Director Tecca commented on the existing stop sign configuration and its emphasis on safety for boat trailers crossing from the parking lot to the ramp. He also noted that the signage is also intended to facilitate increased traffic flows on Sunday with churches and the boat trailers. He indicated that he did not feel there was a need for further signage. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 93-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE PAGE FOIIR - CITY COiJNCIL MINQTES - MAY 11~ 1993 CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 32. Storm Drain Reimbursement Aareement with Southlake Estates Joint Venture. (F:68.1)(X:155.1) City Manager Molendyk explained this item noting that fees had been paid up-front to start development. He noted a question which arose from this item regarding the $20,000; and clarified that these funds were paid in before the district was formed and it would be appropriate to refund those dollars at this time. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO REFUND OSBORNE DEVELOPMENT JOINT VENTURE $20,344.74 FROM THE CORYDON DRAINAGE DISTRICT FUND; WAIVE ALL DRAINAGE FEES FOR TRACTS 24138, 13139 AND 24215; APPROVE THE REIMBURSEMENT AGREEMENT WYTH OSBORNE DEVELOPMENT JOINT VENTURE FOR $714,604 AND AUTHORYZE THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE COUNCIL. 33. MOVED BY WINKLER~ SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO GRANT A TWELVE MONTH E7iTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 24571, WHICH SHALL EXPIRE ON MAY 26, 1994, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. Substantial progress toward the development of this Parcel Map has taken place. 2. The Project as proposed and conditioned is consistent with the Goals, Policies, and objectives of the General Plane PLANNING DIVISION CONDITIONS lo Tentative Parcel Map 24571 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Any alterations to the topography, ground surface or any other site preparation activity will require the appropriate City Permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the Cityos Grading Ordinance, subject to the approval of the Chief Building Official and Planning Department. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 3. The City~s Noise Ordinance must be met during all site City Manager Molendyk detailed this item, noting that the applicant has requested a extension of time to finalize the plan partially because of the current economy. PAGE FIVE - CITY COtJNCIL MINUTES - MAY il~ 1993 preparation activity. 4. All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the first parcel, in accordance with Section 17.82 of the Municipal Code prior to building permit approval and shall be subject to Purther environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) guidelines. 5. At the time of map recordation the applicant shall cause to be recorded an agreement to provide for future reciprocal parking, access, circulation, loading and landscaping maintenance, and a reciprocal ingress/egress agreement for maintenance of signaqe in favor of all lots, subject to the approval of the Community Development Director or his designee. The agreement shall also include information on any environmental hazards or similar development constraints including the information that the site may be subject to liquefaction hazards; the report, its findings and recommendation shall be made available to all future owners/lessees. 6. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 7. Prior to the first Certificate of Occupancy for Lots 1 and 11 a minimum six-foot (6') hiqh decorative block or masonry wall with maximum four-foot (4') wide wrought iron sections to allow for drainage as necessary shall be provided along the western property line from Collier Avenue to the Interstate 15 boundary, subject to the approval o the Community Development Director or his designee. 8. The side yard setback for the first 50 feet northerly from Collier Avenue along the westerly boundary shall be 15 feet; this shall be a fully landscaped setback with ground cover shrubs and trees in accordance with the City's Landscape Guidelines and be permanently irrigated subject to the approval of Community Development Director. The landscaped setback shall be fully improved prior to Certificate of Occupancy for any structure for Lot 1. No structures may encroach into this setback. The remaining side yard setback shall be 5 feet along this property line to the Interstate 15 boundary and along the Interstate 15 boundary (northerly property line) to lettered Lot A. Specimen trees shall be spaced at least 100 feet on center within the setback areas. Planter widths shall be increased where necess~e;y to accommodate the specimen trees. ~ 9. Exhibits 1, 2, and 3, by RMG Design Group, illustrating conceptual development plans shall become a part of '' Tentative Parcel Map 24571 cast file and commercial development of the site shall illustrate consistency with the integrated design/signage concept. 10. One (i) lettered lot shall be indicated on the final map for the City's Entry Way Landscape theme. The City at its sole option may int he future accept the lot for PAGE SYX - CITY COUNCIL MINUTES - MAY 110 1993 dedication. The lettered lot shall be triangular in shape and be located at the northeastern most section of the map (intersection of I-15 and Central). The lot shall have the following dimensions described generally as follows; starting at a point at the most northeasterly corner of the map then southwesterly 90 feet along Central Avenue, then 28 feet northwesterly from said point, then with a radius of approximately 180 feet long to a point intersecting the northerly property line 135 feet from point of origin, as generally shown'on the submitted Tentative Parcel Map date stamped October 27, 1989, for a total square footage of 4,200 square feet. Lettered Lot "A1° shall be landscaped in accordance with the City's adopted Landscape Guidelines and shall include ground cover, shrubs and trees, permanent irrigation and be subject to the approval of the Community Development Director or his designee, the City's Landscape Consultant and the City~s Redevelopment Consultant. Said improvements shall be provided prior to issuance of Certificate of Occupancy for Lot 7. The lettered Lot "A" landscape improvements shall be maintained by the developer. il. A triangular shaped, landscaped open space area shall be provided at the corner of Central and Collier Avenues and shall have a minimum dimension of 30 feet from the corner triangular cut off with a total square footage of 2,010. It shall have the following dimensions generally 12. All landscape improvements pursuant to Design Review approval for all lots shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. b) Any pads that are not developed within 90 days after grading shall be provided with temporary planting and irrigation. ENGINEERING DEPARTMENT CONDITIONS 13. Al1 Public Works requirements shall be compiled with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 14. Dedicate underground water rights to the City (MUnicipal Code, Title 16, Chapter 16.52.030). 15. Applicant shall provide sufficient additional right-of- way for a 67 foot half right-of-way on Central Avenuee Geometric street sections shall be subject to Cal-Trans and City Engineer approval for ultimate 134 foot right- of-way. 16. Developer shall provide sufficient right-of-way at the intersection of Central and Collier to insure property land alignment through the intersection and geometrics as required by Cal-trans and City Engineer. PAGE SEVEN - CITY COiJNCIL MIN[JTES - MAY 11~ 1993 17. Applicant shall provide sufficient dedication along Collier for a fifty-foot (50') half-width right-of-way to provide for a forty-three-foot (43') half-width roadway with a seven-foot (7') sidewalk adjacent to curb. 18. The applicant shall provide the following signal requirements related to this parcel map and future development upon project site. a) Applicant shall install a signal at the intersection of Collier Avenue and Central upon the issuance of the first Certificate of Occupancy for any building within the shopping center. Applicant to pay full cost of said signal subject to a benefit reimbursement district agreement between applicant and City. Applicant shall, as a process of finalizing signal improvement plans cause to be designed the necessary signals and systems to operate same signals subject to the City Engineer and Cal-Trans approval. In lieu of fees, applicant may cause required signals to be constructed with credit given and excess cost reimbursable by the City from the benefit reimbursement district agreement between applicant and City. b) Applicant shall submit a revised traffic study that addresses the need to install a traffic signal at either the future "B" street location or main project entry on Collier at such time as 75`c of the total square footage of occupancy of the project occurs; if warranted by the revised study applicant shall install the required traffic signal at the identified location as a portion of the area system and shall be reimbursed for expenses above devloper's share apportionments set forth in benefit reimbursement district agreement. c) Developer shall, absent previous installation by Cal-Trans or by City, install a signal at the I-15 Southbound off-ramp at such time as 75% of the total square footage of occupancy of the project occurs, as a portion of the area system and shall be reimbursed for expenses above applicants fair share apportionment set forth in benefit reimbursement district agreement. d) Design of signals shall incorporate appropriate interconnects. e) Developer shall pay the lesser of the following as a contribution toward a signal at the northbound on-ramp to I-15. 1) Twenty percent (20%) of the combined construction and design costs, or; 2) A fair share apportionment of the value of such signal as a portion of the total siqnal proqram i.e., benefit reimbursement agreement referenced by this condition in total. PAGE EIGHT - CITY COONCIL MIN[TTES ~ MAY lle 1993 19. Applicant shall construct a raised median along frontage of Collier and Central as permitted by Cal-Trans and the City. The developer will be reimbursed for one-half fhe cost of the median by property owners on the opposite side of the street when they develop. If the grades of the existing stree~ make installation of the median infeasible, then the developer shall pay for one-half the cost of design and construction of the median subject to the approval of the City Engineer. 20. Minimum seven-foot (7') sidewalks will e required along the frontage of Collier and Central. The developer may provide a parallel pedestrian sidewalk on-site in an easement in lieu of sidewalk adjacent to the curb, subject to the approval of the City Engineer. 21. The street improvements shall be constructed prior to the :first Certificate of Occupancy. 22. For driveways on Collier and Central which do not have a left-turn movement, there shall be only one egress lane with a maximum width of sufficient width to provide for truck turning movements. 23. All improvements constructed on Collier and Central will require an encroachment permit from Cal-Trans and subject to design review requirements as stated in letters dated May 15, 1989 and October 31, 1989. 24. Street improvenient plans ancl specifications shall be prepared by a civil engineer. Improvements shall be designed and constructed to Riverside County Road Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 25. Provide fire p~:otection facilities as required in writing by Riverside county Fire protection, 26. Provide street lighting and sfiow lighting improvements on street improvement plans as reguired by ~he City Engineer, 27. On-site drainage shall be conveyed to a public facility or accepted by adjacent owners by a letter of drainage acceptance or conveyed to a drainage easement. 28. All natural drainage traversing site shall be conveyed ~hrough the site, or shall be collected and conveyed by a method approved by the City Engineer. 29. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution Nol. 83-78)e 30. All compaction reports, grade certification, monument certi]Eications (with tie notes delineated on 8-1/2'o x 11'0 mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 31. Pay all capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution No. 85-26). PAGE NINE - CITY COUNCIL MINOTES - MAY il~ 1993 32. Submit a"will-serve" letter to the City Engineering Department, from the applicable water agency, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. , 33. Construct all public works improvements per approved ! street plans (Municipal Code, Title 12). Plans must be ~ approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16.34). 34. Applicant shall obtain all necessary easements for off- site grading from the adjacent property owners prior to grading permit. 35. Contribute $2,267.00 towards the City's Master Entryway Sign Program. 36. Applicant to enter into an agreement with the City for construction of public work improvements and post appropriate bonds. 37. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of sit or redirecting drainage. 38. Provide Soils, Geology and seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 39. All parcels to have direct access to public right-of-way or be provided with an easement by separate instrument to be approved by he City Attorney. 40. All drainage facilities constructed shall meet the approval of Cal-Trans and the City. 41. Collier south of Central will need to be improved for proposed improvements at intersection as required by Cal- Trans and the City. Improvements only to include AC pavinq for through lane transition. 42. The property owner, or any subsequent property owner or assigns, shall design and provide for the landscaping along off-ramp from freeway off-ramp to project site and participate in any freeway landscaping funding mechanisms subsequently approved an adopted by the City and/or Cal- Trans. 43. The applicant shall design, and cause to be constructed, a Class III bike trail within the proposed street section on Collier. Said bike trail is subject to Cal-trans and City approval. i 44. Developer shall comply with the Master Plan of Drainage and enter into an agreement with the City for credit for drainage fees for all Master Plans drainage facilities constructed. 45. All improvement plans and parcel maps shall be ~ PAGE TEN - CITY COUNCIL MINIITES - MAY lle 1993 digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per shee~ for City digi~izinge 46. Prior to issuance e of grading or building permits, the owner shall provide the City with proof of filing a Notice of Intent with the Regional Water Quality Control Board for a Natural Pollutant Discharge System Permit. 47. Developer shall work with he City and Cal-Trans and shall provide sufficient right-of-way for a partial cloverleaf on-ramp and off-ramp for the westbound traffic on Central Avenue and for the southbound I-15 traffic. 34. MOVED BY CHERVENY, SECONDED BY ALONGI TO GRANT A TWELVE MONTH EXTENSION OF TIME TO EXPIRE ON MARCH 26, 1994 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL. Mayor Pro Tem Dominguez commented on a special district proposed to continue Grunder Drive from Franklin Street to Main Street, and questioned whether this project would be included in that assessment district. He inquired whether this should be included as a condition of approval. City Attorney Harper indicated that the district under discussion is still in the formation stage. He also indicated that the Council could not place additional conditions on the request for extension. He further indicated that he was not aware of whether this project was proposed to be in the assessment district. Mayor Pro Tem Dominguez inquired whether such a condition could be placed on the Final Map approval. City Attorney Harper explained that this could only be done if a new map is processed and clarified the procedure. Mayor Pro Tem Dominguez stressed the impact of this project on Franklin Street. City Attorney Harper further clarified that this type of condition could be added if the applicant doesn't mind. He suggested that this item be continued to allow staff to explain this matter to the property owner. City Planner Leslie indicated that the current map will expire on May 26, 1993, so the next meeting on May 25, 1993 would be acceptablee City Manager Molendyk clarified that the assessment district whenever pursued would need a 2/3rds vote of the property owners. Mayor Pro Tem Dominguez questioned the willingness of the owner to participate. City Attorney Harper indicated that this would be difficult to discuss in that he is not sure of this project's proximity to the proposed district. Councilman Alongi inquired whether it would be possible to deny this extension if the conditions can not be agreed upone ~ City Manager Molendyk e~lained this request. PAGE ELEVEN - CITY COIINCIL MINIITE3 - MAY 11~ 1993 City Attorney Harper clarified that the extension could only be denied based on substantial findings; and a substantial finding would not be the unwillinqness to add an additional condition. Mayor Pro Tem Dominquez inquired whether traffic circulation was a substantial finding. City Attorney Harper further clarified the need to have significant grounds for denial. He suggested a continuance to clarify the alternatives with the applicant. Mayor Washburn inquired whether the two week continuance would be a problem for the applicant. The applicant indicated it would not be a problem. THE MAKER OF THE ORIGINAL MOTION WITADREW THE MOTION WITH CONCURRENCE OF THE SECOND. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. 35. Parkina Prohibition for Boat Trailers - Lakeshore Drive - Resolution Nos. 93-26 and 93-2~. (F:162.2) City Manager Molendyk explained this item which takes into account safety factors and maximization of parking in this area, with this item authorizing the posting of signage. MOVED BY DOMINGUEZ~ SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 93-26 AND 93-27. RESOLUTION NO. 93-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE E15iNORE ESTABLISHING TOW-AWAY, NO PARKING BOAT TRAILER ZONES ON CERTAIN STREETS. RESOLUTION NO. 93-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 36. Request for Co-Sponsorshin & Waiver of Fees - Public Safetv Fair - Von~s. (F:127.1) City Manager Molendyk commented on the previous experience with this event and detailed the proposed event on June 12, 1993. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE REQUEST TO COSPONSOR THE EVENT~ WAIVE ALL PROCESSING FEES ($150.00) AND PROVIDE ONE TRAFFIC CONTROL OFFICER AT A TOTAL COST OF $179.95. THE VONS GROCERY CHAIN WAS REQUESTED TO PROVIDE THE CITY OF LAKE ELSINORE WITH A CERTIFICATE OF INSURANCE LISTING THE CITY OF LAKE ELSINORE AS ADDITIONALLY INSURED IN THE AMOUNT OF $1,000,000. Councilman Alongi requested clarification in writing from the City Attorney as to when fees can be waived and when they can not. Mayor Washburn commented that this was a good fair last year to inform the kids about public safety. ,. ___ ,,~. ,-~ ~„~~~~~ PAGE TWELVE - CITY COIINCIL MINUTES - MAY 11~ 1993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. City Attorney Harper noted that he has prepared a written opinion which has already been discussed; however, the City can now support virtually any public oriented event. 37. Change Order No. 1 for Graham Avenue Lanclscabe. (F:95,2) Mayor Washburn noted that this item should be moved to the Redevelopment Agency Agenda for consideration. MOVED BY WASHBURN, SECONDED BY DOMYNGUEZ AND CARRIED BY UNP,NIMOUS C~OTE TO MOVE THIS ITEM TO THE I2EDEVELOPMENT AGENCY AGENDA. 38. Wayne's Wiener Wagon ° New Locations. (F:34.1) Mayor Washburn noted the request received from Mr. Burns and suggested that this matter be channeled for administrative processing. Councilman Alongi expressed confusion commenting that he did not feel Mr. Burns wanted to give up the Main/Graham location. He indicated that he saw the request as an opportunity to go to other locations when invited. He stressed the need to assure that licensed vendors are able to succeed in the Community. He further indicated that he would have no problem with an additional fee for operating on public property. Mayor Pro Tem Dominguez suggested that this matter be handled administratively. Councilwoman Cherveny requested clarification between the issues discussed at the Design Review Committee and the issue for consideration this date. She noted she had heard that the adult league was interested in having Mr. Burns at their games. Mayor Washburn clarified that there are a number of questions including cart location at various sites, He suggested that with this confusion the matter be handled administratively. Councilwoman Cherveny asked Mr. Burns what exactly was being requested. Mr. Burns explained that he would like to remain at Main/Grafiam during the week with the flexibility to go to other locations on weekends and in the evenings. Councilwoman Cherveny noted concerns with an ice cream cart on Main Street, but indicated she would have no problem with other sites. Councilman Alongi sugges£ed consideration of ice cream at the ball fields only. He expressed concern with the ongoing discussion of this item. Councilman Winkler questioned the fees paid to date and suggested that he would have no problem with a 90 day trial period. %ie suggested that staff work with the applicant. Mayor Pro Tem Dominguez clarified the discussions at the Council and Design Review Committee levels. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRYED BY UNANIMOUS VOTE TO REFER THIS MATTER BACK TO STAFF TO WORK OUT THE DETAILS FOR A 90 DAY PERIOD. PAGE THIRTEEN - CITY COONCIL MINIITES - MAY 11~ 1993 39. Communitv Development Block Grant Fundina. (F:84.2) City Manager Molendyk highlighted this item and previous discussions, suggesting that a Study Session might be advantageous. Louise Ball & Barbara Card, representing the Assistance League ' of Temecula Valley, noted the proposal they submitted earlier in this process. Mrs. Ball detailed the three year history of the organization and their efforts in the Community to cloth children for school, via Operation School Bell. She noted that the group is now clothing nearly 600 children per year and further noted the impact of year round school on this distribution. She invited the Council to view the program and their fundraising efforts. She stressed their ability to comply for funding of this type. Mayor Pro Tem Dominguez noted the percentage of Lake Elsinore children served and questioned the level of donations from the Lake Elsinore area. Mrs. Ball indicated that they received $2,000 from the Lady Elks last year and a number of individual donations of used clothing from the community. Councilwoman Cherveny questioned the 47o figure and how many from the Lake Elsinore School District.are from County areas and Wildomar. Mrs. Ball expressed difficulty in determininq that percentage. Councilwoman Cherveny inquired whether this group had received contributions from the County. Mrs. Ball indicated that they had not to date due to the difficulty in determining how to address the proqram at the County level. Mrs. Ball offered to attend the upcoming Study Session. Mayor Washburn noted the current quandary over the human services center and noted their discussions to meet the requirements. He suggested that this item be scheduled to a special session to allow one more opportunity to work out an acceptable plan. MOVED BY DOMINGUEZ TO SCHEDULE A STUDY SESSION FOR MAY 18, 1993. Councilman Winkler indicated that he would like this matter scheduled for an adjourned meeting to allow the Council to take action. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO SCHEDULE THIS ITEM FOR AN ADJOURNED MEETING ON MAY 18TH AT 3:00 P.M. Councilman Alongi requested clarification that this matter could be continued further if needed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Councilman Winkler commended Mrs. Ball on the good work on this program and thanked her for the presentation. Mayor Pro Tem Dominguez also thanked Mrs. Ball for this information. PAGE FOURTEEN - CITY COUNCIL MIN[JTES - MAY 11~ 1993 PUBLIC COMMENTS - NON-AGENDIZED ITEMS Laurie Tolstrup expressed concern with the future of baseball in the Community. She indicated that she had resigned from her office on the board of directors for little league, due to a misappropriation of funds she had discovered. She noted her prior concerns with splitting the County and City children and indicated that she would now support that consideration. She offered her support and assistance to ensure that the baseball programs could continue. Peter Dawson, 18010 Grand Avenue, representing the Southshore Homeowners, addressed the last Redevelopment Agency Meeting and the ratification of the Lake Transfer Agreement. He questioned specific portions of this agreement, questioning the indication that there were no substantive changes from the original agreemento He expressed ongoing concern with the impact of this agreement on the launch rights of the County residents. City Treasurer Pape commented on recent letters to Councilwoman Cherveny and C.L.E.A.N. He e~lained that he put this matter off for a period of time to avoid the possibility of it being tied to the Recall issue. He noted the number of signs removed at City expense and a number of letters received indicating that individuals had witness the placement of signs by Councilwoman Cherveny. He also noted that developers are charged back for the removal of their signs against their inspection fees. He clarified his ability to send these letters based on City Attorney confirmation and expressed concern with the expense of a written opinion on his ability to send them. He indicated that most people he has spoken with would like to see this cost reimbursed. CITY MANAGER COMMENTS City Manager Molendyk indicated that a Closed Session is needed. City Manager Molendyk noted a memo to Councilwoman Cherveny regarding the status of the Outflow Channel Project. He noted that Mr. Stump of Riverside County Flood Control District had indicated that the plan will go to bid on June 2, 1993, and construction should begin in August, 1993. He further noted the archeological study requirements and the subsequent findings which caused the need for additional digging before construction. Mayor Washburn commented that the main construction was still anticipated to be complete by the next winter in the event of more heavy storms. CITY COIINCIL COMMENTS Councilman Alongi commented on the following: 1. He thanked the Assistance League representatives for their information. 2e The roller skating/skate board concerns downtown should be referred to the Sheriff's Department. 3o Habitat for Humanity's upcoming rummage sale. Anyone wanting to contribute to the effort was instructed to call (800) 288-3446. He stressed their interest in providing affordable housing. 4. The Sun Tribune newspaper and his concerns with the PAGE FIFTEEN - CITY COUNCIL MINIITES - MAY 11~ 1993 accuracy of their reportinq. He stressed the importance of accurate reporting. 5. City Treasurer Pape and his aggressiveness in protecting the City's funds. He e~ressed concern that the action of the Treasurer as enforcer is not in the City Policy statement. He questioned Mr. Pape's interest in the Camelot Properties loan and the Estes loan which were behind in payments. He suggested that it is also important to define the public right-of-way prior to trying to enforce it. Councilwoman Cherveny commented on the following: 1. Her concern with the Outflow Channel Project based on an article in the Press Enterprise that noted the completion would be in 1995. 2. Wished Assistant City Manaqer Rogers well in her recovery from surgery, noting that she was missed. 3. Her hope that the next agenda would include formal approval of the launch ramp, noting that this would complete the process for her. 4. Her hope to start the budget process and focus on public safety. She noted specific public safety concerns which have come to her attention. She addressed the work to present a balanced budget and stressed the need to increase the police services, even if it means using reserves. She noted the impact of increased law enforcement in Los Angeles recently. She stressed the amount of vehicle thefts occurring in the Community. 5. Announced her new granddaughter's birth. Councilman Winkler commented on the following: 1. The Outflow Channel Project, notinq that there was really only a 1-1/2 month delay in the process. He noted the discussion of concerns with any delay at the last LEMA Board Meeting. 2. Requested a transcript and copies of the two Lake Transfer Agreements noted by Mr. Dawson. 3. Indicated that the Council will continue to focus on law enforcement, noting the ongoing efforts of this and prior Councils. Mayor Pro Tem Dominguez commented on the following: 1. Announce the Riverside Transit Agency's free ride day on May 19, 1993, to offer an opportunity to try using the bus. Mayor Washburn commented on the following: 1. The Economic Development Council Meeting scheduled for May 13th from 9 a.m. to 1 p.m. at the Sizzler. He suggested interested parties attend for lunch or the speakers. PAGE SI%TEEN - CITY COUNCIL MINIITES - MAY 11~ 1993 2. Concurred that public safety is an issue that never goes away. He noted continuing efforts to look at new approaches ~o the problems. He suggested that more police is not always the answer. He indicated that it would again be addressed at budget time this year and noted that it has been increased nearly every year. 3. Addressed Mr. Dawson's comments indicating that the City is still looking to provide launch rights for those property owners who already hold rights. He further indicated that he was looking at a meeting in the future to work out a draft document ~o address this matter. 4. The Lake Edge Specific Plan processing, noting the diligence of the City to prepare for the City and the County. He expressed concern that the plan is not being processed due to a request for fees and concerns with traffic circulation. He encouraged interested persons to contact Supervisor Buster to encourage the process to continue. 5. His opportunity to sit down and interview the Planning Commission applicants. He stressed the quality of the candidates and his interest in getting them all involved. He recommended appointment of Daniel Metze to the Planning Commission. Appointment of Planninq Commissioner. MOVED BY WASHBURN, SECONDED BY WINKLER TO APPOINT DANIEL METZE TO THE PLANNING COMMISSION. Councilman Alongi clarified that Mr. Metze was a resident of the Amber Ridge Tract, and expressed concern with appointing someone associated with an ongoing project. He suggested that Mr. Bender was well qualified. Mayor Washburn reiterated that all of the applicants were well qualified, Councilman Alongi further expressed his concerns with picking people from ares involved in the recall. He indicated he was not happy with appointing anyone affiliated with ongoing projects. He opposed the appointment due to this connection. Councilman Winkler inquired whether Mr. Metze had been involved in the recall election. Councilman Alongi indicated he was associated because of the Amber Ridge Tract. Councilman Winkler called for the question. Councilman Alongi further commented on the Amber Ridge Tract, existing problems and persons who supported Mr. Metze appointment. He suggested that the choice should be a neutral person. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH ALONGY CASTING THE DISSENTING VOTE AND CHERVENY ABSTAINING, Mayor Washburn congratulated Mr. Metze on his appointment and PAGE SEVENTEEN - CITY COUNCIL MINiITES - MAY 11~ 1993 appointed Mr. Robert Schiffner and Mr. Daniel Bender to the Lake Advisory Committee and suggested that Mr. Jim Sands and Mr. Thomas Chadwell be considered for other committees. He stressed that all are excellent candidates and thanked them for their interest. THE CITY COUNCIL MEETING WAS RECESSED AT 8:45 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:02 P.M. CL03ED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:03 P.M. TO DISCUSS MATTERS OF PENDING LITIGATION WITH ROBERT PARKER ENTERPRISES~ HARVEY/E.V.M.W.D., ADAMS ADVERTISING AND OUTDOOR MEDIA GROUP. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:20 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN~ SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:21 P.M. TO MAY 18, 1993 AT 3:00 P.M. A TEST: ~ VICKI :tCF~uAD, CI~Y CLERK CITY OF LAKE EI~SINORE ~~ ~~~ GARY . WASHB , MAYOR CIT O LAKE ELSINORE