HomeMy WebLinkAbout09-22-1992 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
31315 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 22, 1992
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Washburn at 7:05
p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Dominguez.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN
ABSENT: COUNCILMEMBERS: WINKLER
Also present were: City Manager Molendyk, Assistant City Manager Rogers, City
Attorney Harper, Administrative Services Director Boone, Community Services
Director Watenpaugh, Public Services Director Tecca, City Planner Christen,
Community Development Manager Shear, Special Projects Coordinator Basham,
Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad.
PRESENTATIONS/CEREMONIALS
None.
PUBLIC COMMENTS - AGENDIZED ITEMS
Mayor Washburn advised that he had a request to address Item #31 which would be
heard in conjunction with the item.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for further
discussion and consideration:
Item Nos. l.b., 2, 3, 5, 6, 8, 9, 10, 11, 13, 14, 17.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Regular City Council Meeting - August 25, 1992.(F:44.4)
c. Regular City Council Meeting - September 8, 1992. (F:44.4)
4. Adopted Resolution No. 92-66 regarding Revision of Council Policy on Tape
Recording of City Council Meetings. (F:120.1)
RESOLUTION N0. 92-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ADOPTING REVISED COUNCIL POLICY NUMBER 100-7 REGARDING TAPE RECORDING OF
CITY COUNCIL MEETINGS.
7. Adopted Resolution No. 92-67 agreeing to Participation in the Growth and
Development Management Strategy for Riverside County. (F:140.13)
RESOLUTION N0. 92-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
REGARDING PARTICIPATION IN THE GROWTH AND DEVELOPMENT MANAGEMENT STRATEGY
FOR RIVERSIDE COUNTY.
12. Approved Change Order No. 2 for the Lakeshore Drive/Robb Road Improvement
Project, R.A. Ruiz Construction. (F:156.2)
15. Accepted Notice of Completion on Storm Drain Line "C" &"C-1: (Pre-Cast
Pipe Only) Phase I Storm Drainage Improvements and LeGaye Street Water Line
Relocation in Community Facilities District 88-3 for Utah Pacific
Corporation. (F:22.3)
16. Accepted Notice of Completion on Storm Drain Channel Line "B-1" (Stage 2),
Phase II Storm Drainage Improvements in Community Facilities District
88-3 for Bonadiman/McCain, Inc. (F:22.3)
18. Accepted Deeds from Collier Avenue Condemnations. (Mayor Washburn
clarified that these deeds actually pertain to Railroad Canyon Road rather
than Collier Avenue). (F:132.1)(X:156.2)
19. Approved Public Hearing Date of October 13, 1992, for the following:
a. General Plan Amendment 92-4 & 92-4A; Specific Plan 89-2, Amendment No.
2; Development Agreement & Addendum to Environmental Impact Report
89-2 - Murdock Alberhill Ranch. (F:83.2)(X:150.2)(X:68.1)
b. Adoption of Uniform Building Code, Housing Code, Code for the
Abatement of Dangerous Building, Plumbing Code, Mechanical Code, Fire
Code and Swimming Pool, Spa & Hot Tub Code, 1992 Editions and the
National Electrical Code, 1990 Edition. (F:32.3)
ITEMS PULLED FROM THE CONSENT CALENDAR
1. Minutes
b. Citv Council Studv Session = Sentember 3 1992. (f:44.4)
Councilwoman Cherveny advised that she pulled this item because she was not
present at the meeting and would be abstaining from vote.
MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 0 WITH
CHERVENY ABSTAINING AND WINKLER ABSENT TO APPROVE THE MINUTES AS SUBMITTED.
2. L.E.A.F. Animal Control Activitv Report = Auaust, 1992. (F:18.2)
Councilman Alongi reported that the figures for dogs and cats turned in by
owners and euthanized are down, and commended the public for improving
th~se statistics.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR
AUGUST, 1992.
3. Warrant List _ September 15~ 1992. (F:12.3)
Councilwoman Cherveny noted that the Warrant List has been revised to
isolate the break-dowrs for Community Facilities Districts. She advised
that the items over $50,000 included the City payroll and the Sheriff's
Contract payment.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO RATIFY THE WARRANT LIST FOR SEPTEMBER 15, 1992.
5. Tuscanv Hills/Tract 17413-3 = Woodcrest = Re uest for Credit of Fees for
Buildina Permits. {F:160.2)
Councilwoman Cherveny questioned the Council Policy for bringing items
PAGE THREE - CITY COUNCIL PIINUTES - SEPTEMBER 22, 1992
which have already been considered back before the Council; and questioned
the appeal period. City Attorney Harper clarified that there is literally
no appeal of Council decisions, but there is the process for
reconsideration.
MOVED BY CHERVENY, SECONDED BY ALONGI TO DENY THE REQUEST FOR CREDIT OF FEES.
Mayor Washburn inquired where Woodcrest is in the process and questioned
what the request really means.
City Manager Molendyk explained that the Council did previously deny this
item, however the applicant is now moving forward with the development and
has requested a credit. Mayor Washburn requested clarification that this
was a request for credit and not a refund. Staff confirmed.
Councilwoman Cherveny commented that action has already beem taken and the
permits actually expired in April. Mayor Washburn stressed that
development is moving forward.
Mayor Pro Tem Dominguez suggested that different circumstances exist in
this consideration in that the development is proceeding.
Mayor Washburn questioned the time lapse and whether services will
require payment again. He clarified that no inspections have been done
and no money will be returned, this would only be an allowance to use money
already paid.
Ron Van Daele, Vice President of Woodcrest Development of San Diego,
advised that they are requesting a credit toward new permits they will be
pulling. He confirmed that to date no inspections have been received for
their previous payment. He stressed that they are now ready to proceed
with development and are hoping for City assistance to reduce losses. He
explained that they will be pulling 95 permits with work beginning on the
Models and Phase I.
Councilwoman Cherveny questioned the size of the homes. Mr. Van Daele
advised that the size of the homes will be reduced
Councilwoman Cherveny questioned the payment of Assessment District Fees
and whether they would in fact be paid up front. Mr. Van Daele confirmed.
Councilman Alongi commented that if this action is allowed others will want
the same opportunity to wait a year and request the ability to build. He
stressed that the intent of obtaining the permits in the first place was to
avoid Water District increases. He suggested that the developer gambled
and lost.
THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND
WASHBURN CASTING THE DISSENTING VOTES.
6. Estoopel Certificate (Woodcrest/Montacino~ Tuscanv Hills Develonment Loan
Restructure. (F:68.1) -
Councilwoman Cherveny advised that her question with this item had already
been answered by the applicant.
Mayor Washburn requested clarification of this action. City Attorney
Harper explained that this allows transfer of the paperwork for a loan
restructure while maintaining constraints of the Development Agreement.
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO APPROVE THE ESTOPPEL AGREEMENT AND AGREE TO THE ASSIGNMENTS.
8. Vendin4 Devices = Lake Communitv Center = Kevstone Vendinp Corporation.
(F:50.1)
Councilwoman Cherveny requested that Community Services Director Watenpaugh
provide more information on this item. She commented that she was amazed
PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
with the process it took to fina
that it began in July with a 5-0
coming to the installation. She
quicker way to process this type
possible to include a machine at
City Hall.
lize this item. She further commented
vote for a trial program and is just now
suggested that government needs to find a
of item. She inquired whether it would be
the Senior Citizens Center and back in
Community Services Director Watenpaugh explained the proposal which is
being presented, to include a return to the City of 20% of the gross less
the licenses and taxes. He further explained that he has discussed the
possibility of machines in City Hall and the Senior Center and Keystone is
willing to provide those as well.
Mayor Washburn questioned the staff processing of this item. Community
Services Director Watenpaugh explained that it was necessary to bring this
item back to Council because the original approval did not include the
percentage figures for the contract.
Mayor Washburn questioned the number of bids received on this item.
Community Services Director advised that four letters were sent out and
three telephone contacts were made, of which only Keystone was willing to
provide the machines. City Manager Molendyk further explained that local
firms were contacted in this process. Community Services Director
Watenpaugh also advised that two met him at the site, however the distance
is not cost effective for them. He further advised that this will be a six
month trial program.
MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO APPROVE THE CONTRACT WITH KEYSTONE, WITH THE AMENDMENT REQUESTED BY
COUNCILWOMAN CHERVENY TO INCLUDE MACHINES AT THE SENIOR CITIZENS CENTER AND
CITY HALL.
9. Graham Avenue _ Authorization to Relocate Yellow Loadina and Unloadina
Zones = Resolution No. 92-68. (f:162.2)
Councilwoman Cherveny commented that it would be helpful to have a diagram
of this item. Public Services Director Tecca showed a diagram of the
downtown area. He explained that the red curb was approved in November of
1991; and that with the limitations caused by the driveways to the Graham
Avenue Parking Lot, modifications are needed. He detailed the existing
loading zones and the proposed changes.
Councilman Alongi questioned the ability to move the loading zone up closer
to the corner. Public Services Director Tecca advised that this could be
done. Mayor Washburn requested an update via memo as to the final
location.
MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO AOOPT
RESOLUTION N0. 92-68:
RESOLUTION N0. 92-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DESIGNATING THE RELOCATION OF A LOADING ZONE ON GRAHAM AVENUE.
10. Chanae Order No. 1 for Countrv Club Hei hts Trunk Sewer. Phase II Sewer
Imorovements. Communitv Facilities District 88-3. (F:22.3)
Councilwoman Cherveny advised that while she has a better understanding of
the Community Facilities District 88-3, she is still feels that it is
unusual that these factors were not known up front. She felt that these
items were obvious foreseeable factors.
Pete Savello, Paul Moote & Associates, clarified that the electrical and
sewage lines were underground and originally done without permits or maps.
He further clarified the problems with the existing dog kennels and the
ability of the CFD to obtain less expensive rates to replace them. He
PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
commented on the inconvenience to L.E.A.F. caused by this project and their
effort to cooperate. He stressed that even with these improvements the
project is still under budget.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE -0F THOSE
PRESENT TO APPROVE CHANGE ORDER N0. 1 FOR THE COUNTRY CLUB HEIGHTS TRUNK SEWER,
PHASE II SEWER IMPROVEMENTS FOR RIVERSIDE PIPELINE, INC.
COUNCIL CONSENSUS WAS TO APPROVE ITEMS 11, 13 AND 14 WITH ONE MOTION.
11. Chanae Order No. 2 for the Phase II Trunk Sewers in Machado Street. LeGave
Street. Soissons Street. Lincoln Street and Terra Cotta Street. Communitv
Facilities District 88-3. (F:22.3)
Pete Savello, Paul Moote & Associates, advised that there were two
substantial items on this change order one being the Jack & Bore method
used, based on a field decision; and the other being a gas line relocation
because the line was in the wrong place. He also advised that the 5ewer
Chimneys in this Change Order are a developer cost and will be reimbursed
to the District. He further advised that the water line removal involved
asbestos pipe and was therefore classed as a hazardous waste and required
special removal and transporting.
13. Chanae Order No. 5 for Lincoln Street. Grand Avenue. and LeGave Street.
Street Improvements. Communitv Facilities District 88-3. (F:22.3)
Pete Savello advised that this item involved extra thickness for the
pavement of Lincoln Street, raising manholes (this portion was removed from
a previous contract to save time), and the reworking of Machado School
Parking Lot after heavy equipment was parked there for the project.
_ 14. Chanae Order No. 9 for Storm Drain Line "C" &"C-1" Pre-Cast Pi e Onlv)
Phase I Storm Drainaae Imorovements and LeGave Street Water Line
Relocation. Communitv Facilities District 88-3. (F:22.3)
Pete Savello explained this item which primarily involved new water lines.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO APPROVE AGENDA ITEMS 11, 13 AND 14 ABOVE AS PRESENTED.
ll. Final Aparoval of Tract M~a 24383 = Tuscanv Hills (Homestead Develo~ment).
(F:160.2)
Councilwoman Cherveny questioned the expiration date of this tentative map.
Engineering Manager 0'Donnell advised that the tentative would expire in
December of 1992.
MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO APPROVE THE FINAL MAP AND ACCEPT THE DEDICATIONS; AND AUTHORIZE THE
CITY CLERK TO SIGN AND ARRANGE FOR RECORDATION.
BUSINESS ITEMS
31. Business License = Wa ne's Weiner Wa on = Request for Additional Location.
(F:34.1)
City Manager Molendyk explained that this request was processed through the
Design Review Committee and it was determined that there is no need for
electrical power; and after a two week trial period the Design Review
Committee recommended approval to the City Council for one of the following
sites:
1) In the area within Gediman Park under the trellis;
2) In the area at the Northwest corner of Main Street and Graham Avenue
adjacent to the seating area directly in front of Elsinore Cycle Gear.
Councilman Dominguez stated that Wayne's Weiner Wagon already has a cart
PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
located at Builders Emporium, Saturday and Sunday and is proposing to place
the cart on Main Street Monday through Friday. He further stated that he
felt that if he wanted to have a cart on Main Street, it should be a
separate cart.
Councilman Alongi explained that the original business license was to
operate a cart at Builders Emporium, and since then he has made some
revisions to his cart in order to operate on Main Street. He further
explained that he didn't see any problem with operating Monday through
Friday on Main Street and at Builders Emporium on Saturday and Sunday
because the business has to be cost effective. Mr. Alongi stated that the
owner of the cart should be able to move it around, especially since he has
brought the cart up to Design Review Standards.
Councilman Dominguez explained that he didn't want to mix this cart with
any other location, suggesting that if the applicant is going to be on Main
Street then the cart should remain on Main Street, if it is going to be
located at Builders Emporium then it should remain there.
There was general discussion between Councilman Alongi and Councilman
Dominguez in regard to site and use.
Mayor Washburn requested a photograph of the proposed cart.
Councilman Alongi stated that the criteria was set by the consultants in
regard to the theme of the downtown area and it cannot be placed on Main
Street unless it meets that criteria and is approved by the consultants.
Councilwoman Cherveny asked to see a photograph of the cart.
Wayne Burns, 34002 Harvest Way, applicant, explained that he has one wagon
and has appeared before the Design review Committee.
Councilwoman Cherveny questioned the cover on the cart. Mr. Burns stated
that it has a round umbrella, which met with the Committee's criteria.
Mayor Washburn asked if there were other changes to the cart that the
Design Review Committee requested. Mr. Burns stated that there were new
graphics on the cart.
Councilman Alongi explained that the cart was approved by the Design Review
Committee with the change of the lettering and colors upon approval of John
Ballew. He further explained that this was to save the applicant time and
money.
Mr. Burns stated that he would rather be in the downtown area but he has
paid for the rest of the year at Builders Emporium and the modifications
will be done to the cart if Council approves his request. He requested a
30 day grace period or. the cart improvements to give him the opportunity to
establish himself in the downtown area and generate some income to cover
the cost of the changes.
Councilman Alongi asked if the applicant's intent was to be in the downtown
area only. Mr. Burns stated that he would like to continue to be in both
places.
Councilman Alongi questioned Council restricting Mr. Burns, ability to do
business in both places.
Councilwoman Cherveny explained that she did not have a problem with Mr.
Burns operating at boCh places, but she had a problem with approving the
item without the actual design of the cart and allowing a grace period.
She also explained that she approves of a hot dog cart in the downtown
area, but has great difficulty accepting that the cart is not already in
conformance.
PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
Mayor Washburn requested clarification of the Design Review Committee
action.
Councilman Alongi explained that the Design Review Committee action was to
approve the item based on the recommendations from John Ballew consisting
of the appropriate colors and the appropriate lettering on the cart. If
Mr. Burns conforms then the cart is approved, if he does not conform then
the cart will not be on Main Street.
Councilwoman Cherveny inquired whether Mr. Ballew had approved the cart.
Mr. Burns stated that Mr. Ballew or Mr. DeGange could approve the design
and Mr. DeGange had looked at and approved the design he is proposing.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE Of THOSE
PRESENT TO BRING THE BUSINESS LICENSE REQUEST FOR WAYNE'S WEINER WAGON AND
REQUEST FOR ADDITIONAL LOCATION BACK TO COUNCIL IN THIRTY DAYS WITH NECESSARY
MODIFICATIONS AND APPROVALS.
Mayor Washburn commented on the timing of returning this item to Council
and suggested that it could possibly be on the next agenda.
32. Recoverv of Exoenditures = Nuisance Abatement _ Vacant Lot,. 107 N.
Scrivener Street. (F:32.4)
City Manager Molendyk detailed this item and the recommended action.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE
ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON
THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON.
33. Extension of Time for Tentative Parcel Mag No. 25717 (Brookstone
Develooment. Inc. • Site is located on the Northeast Corner of Silver and
Flint Street. (F:110.2)
City Manager Molendyk detailed this request for a twelve month extension of
time, which will expire on August 28, 1993. He further detailed the three
conditions of approval added by the Engineering Division. He inquired
whether Council still had questions on Condition #38. Mr. Alongi advised
that the question had been clarified already.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO GRANT A TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE PARCEL MAP N0.
25717 TO EXPIRE ON AUGUST 28, 1993, BASED ON THE FOLLOWING FINDINGS AND SUBJECT
TO THE CONDITIONS APPROVED ON AUGUST 28, 1990, AS WELL AS THE FOLLOWING ADDED
CONDITIONS OF APPROVAL:
Findinqs
1. Substantial progress toward the development of this Parcel Map has
taken place.
2. Conditions have been added by the Engineering Department to insure the
development will not impact public health, safety and welfare.
3. The Project as proposed and conditioned is consistent with the Goals,
Policies and Objective of the General Plan.
Plannin4 Division Conditions
37. Developer shall be subject to a11 Master Planned drainage fees and will
receive credit for all Master Planned drainage facilities construction.
38. If grading exceeds 50 cubic yards, grading plans shall be prepared by a
Civil Engineer and approved prior to final map approval. Prior to any
grading, applicant shall obtain a grading permit and post appropriate
PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
security.
39. The owner shall provide the City with proof of his having filed a
Notice of Intent with the Regional Water Quality Control Board for
Natural Pollutants Discharge System Permit prior to issuance of grading
permit.
34. Reoort on Recent Modifications to the C9tv's Northwest S here of Influence
Boundarv. (F:154.1)
City Planner Christen explained that on July 23, 1992, the Local Agency
Formation Commission modified the City's northwest sphere of influence
boundary. He`showed the specific changes on a map and explained the impact
of the North Peak annexation on this modification.
Councilman Alongi inquired whether and correspondence had been received
from the public regarding this change. The City Clerk advised that none
had been received.
35. Sales Tax Audit = Municipal Resource Consultants MRC - Aqreement for
Services = Resolution No. 92-69. (F:68.1)
Administrative Services Director Boone explained this agreement for sales
tax auditing and advised that Municipal Resource Consultants have been in
this business for 13 years, have a good reputation and have been very
successful. He further explained that after an initial review, it is
anticipated that they could find $60,000 to T00,000 in additional sales tax
revenues for the City. He recommended that the City Council approve the
agreement and resolution and appropriate the funds for a computer program
which will monitor the revenues in the future. He also explained that the
fee for this audit will be 25% of the revenues found.
Mayor Washburn inquired whether this is a fairly standard agreement for
this type of service. Councilwoman Cherveny questioned Exhibit A and the
ability to negotiate a figure other than 25% of the new revenues.
Administrative Services Director Boone advised that this is a standard
agreement and he is not aware of the ability to negotiate this figure.
Mayor Washburn commented on the success of this type of audit done for the
County E.D.C. and their discovery efforts.
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO APPROVE THE AGREEMENT AND ADOPT THE RESOLUTION Of CONFIDENTIALITY
FOR MRC TO EXAMINE SALES AND USE TAX RECORDS.
36. Transoortation Demand Ordinance No. 941. (F:I40.14)
Public Services Director Tecca detailed this item and advised that it is
based on State Law and meets A.Q.M.D. requirements. He explained that it
would require all new developments to develop a plan to reduce the trips
generated as a condit~ion of development. He further explained that the
goal is a 12% overall reduction in trips, and applies only to employers of
over 100 employees. He also explained that existing employers will be
required to adopt a plan when business licenses are appTied for. He
advised that there is currently no method of monitoring compliance.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE N0. 941.
Councilman Alongi inquired whether the 100 employees would be per business
or whether it could apply to the Outlet Center. Public Services Director
advised that the ordinance specifies "an employer". Mr. Tecca further
clarified that smaller business are encouraged to comply volutarily.
Mayor Washburn stressed the complexity of th~s program expressed concern
with the problems this ordinance may create. Public Services Director
PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
Tecca advised that the City has until December 31, 1992, to adopt the
Ordinance.
Mayor Washburn advised that he would be more comfortable wiht a continuance
of this item to allow futher study and include Councilman Winkler's input.
He further advised that he would like a more in-depth analysis and input
from the State and County.
Mayor Pro Tem Dominguez commented that the funding associated with this
program is tied to a number of pending projects.
~ouncilman Alongi inquired if the bridge funding would be lost if this
program is not adopted. Public Services Director Tecca advised that it
would not be lost if the City meets the December 31st deadline.
Mayor Washburn requested a substitute motion for continuance.
~ouncilwoman Cherveny advised that she had attended a WRCOG meeting on this
topic and it is a very complex issue, which the State is putting teeth
into. She further advised that she had no problem with stalling this
ordinance.
City Planner Christen commented on the experience the Irvine Spectrum has
had with this program.
THE PREVIOUS MOTION WAS WITHDRAWN BY THE MAKER WITH APPROVAL OF THE SECOND.
MOVED BY.CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO TABLE THIS ITEM.
37. Revision of Council Policv - Preparation of Cjty Council A endas =
-_ Resolution No. 92-70. (F:120.1)
City Manager Molendyk highlighted this request from Councilwoman Cherveny
to move the Public Comments portion of the meeting to the beginning of the
agenda.
Councilwoman Cherveny advised that she has received numerous requests for
this change from Senior Citizens, Children, etc. She explained that this
was changed approximately one year previous and there are many citizens who
would like it change back.
MOVED BY CHERVENY TO MOVE PUBLIC COMMENTS TO FOLLOW PRESENTATIONS ON THE
AGENDA, SECONDED BY ALONGI WITH AN AMENDMENT TO PLACE IT AFTER THE CONSENT
CALENDAR.
City Attorney Harper clarified that the Council is required to allow
comments on all agenda items. Councilwoman Cherveny clarified her request.
Councilman Alongi clarified that he would like it for the agendized items.
City Attorney Harper further clarified that the Consent Calendar Items
are items on which comment must also be allowed.
MOVED BY CHERVENY, SECONDED BY ALONGI TO MOVE ALL PUBLIC COMMENTS TO FOLLOW
PRESENTATIONS.
Mayor Pro Tem Dominguez commented that this was changed only a year ago and
he would not be in favor of this change.
Mayor Washburn advised that he has discussed this issue with other cities
and detailed the directions they have gone. He further explained that it
was originally shifted to take away the forum for the media, candidates,
etc. He explained that he would prefer to allow those addressing agenda
items to speak first and he has no problem with the existing format.
THE FOREGOING MOTION FAILED TO CARRY WITN A VOTE OF 2 T0 2 WITH DOMINGUEZ AND
PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
WASHBURN CASTING THE DISSENTING VOTES.
38. Schedulina of Studv Sessions. (F:120.1)
City Manager Molendyk explained this item which would set Study Session for
the second and fourth Tuesdays prior to City Council meetings from 4 to 6
p.m. He further explained that if approved the Study Sessions would begin
on October 13, 1992.
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO APPROVE STAFF RECOMMENDATIONS.
Councilman Alongi expressed concern with the 4 to 6 p.m. schedule, as it
does not allow time to prepare for the Council Meeting. He suggested
sheduling from 3 to 5 p.m., with a break from 5 to 7 p.m.
Councilwoman Cherveny advised that she would prefer to keep the Study
Sessions on Thursdays from 3 to 5 p.m. or on Council days from 3 to 5 p.m.,
as she would also prefer a two hour break.
Mayor Washburn requested that he motion be amended to allow only two items
for each Study Session agenda.
THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH ALONGI AND
CHERVENY CASTING THE DISSENTING VOTES.
39. Second Readina = Ordinance No. 939 _ relatina to Zone Chanae 92-3,
(f:172.2)
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE N0. 939:
ORDINANCE N0. 939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Of LAKE ELSINORE, CALIFORNIA,
ADOPTING OAK GROVE EQUITIES (ELSINORE CITY CENTER) SPECIFIC PLAN 91-1 AND A
REZONE OF THE PROJECT TO SPECIFIC PLAN ZONING (ZONE CHANGE 92-3).
UPON THE FOLLOWING ROLL CALL:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ALONGI, CHERVENY, DOMINGUEZ
NONE
WINKLER
WASHBURN
40. Second Readina = Ordinance No. 940 - relatina to Commercial Vehicle Loadinq
& Unloadinp. (F:162.2) -
MOVED BY DOMINGUEZ, SECON~ED BY CHERVENY TO ADOPT ORDINANCE N0. 940:
ORDINANCE N0. 940
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING A CERTAIN SECTION OF CHAPTER 10.40 OF TITLE 10 OF THE LAKE
ELSINORE MUNICIPAL CODE, RELATING TO THE PROHIBITION OF COMMERCIAL VEHICLE
LOADING AND UNLOADING ~N MAIN STREET.
UPON THE FOLLOWING ROLL CALL:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
CHERVENY, DOMINGUEZ, WASHBURN
ALONGI
WINKLER
NONE
PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
41. Lake Advisorv Committee Uadate. (F:59.7)
Mayor Washburn advised that the Lake Advisory Committee has met once and
their next meeting will be on September 29th at 2:00 p.m. and will include
Jim Laughlin, General Manager of Elsinore Valley Municipal Water District.
Councilwoman Cherveny suggested that with the dissolution of the City
Council Committees, this committee should be dissolved as well.
MOVED BY CHERVENY, SECONDED BY ALONGI TO DISSOLVE THE LAKE ADVISORY COMMITTEE.
Mayor Washburn clarified that this is a committee made up of local
residents and business people for input. He stressed that this is a
different type of committee than those which were dissolved.
Councilwoman Cherveny disagreed in that she felt the Public Safety
Committee was just as important as the Lake Advisory Committee. She
stressed that all of the other committees have been abolished.
Councilman Alongi concurred with Councilwoman Cherveny because he felt the
Public Safety Committee and the Public Works Committee were just as
important. He also commented that he would like to be part of this
committee and have the opportunity to provide input.
Mayor Washburn clarified the committees which were abolished and explained
that this committee is citizens from the community who are interested in
the future of the Lake. He further explained that they will be providing
input to Council and he feels abolishment of the committee is a slap in the
face of those citizens. Mayor Washburn requested that the City Attorney
provide clarification on committees. City Attorney Harper clarified the
limitations on committees pursuant to recent appellate court decisions;
specifically standing commitees versus this committee.
Councilwoman Cherveny inquired whether any Councilmembers were on this
committee. Councilman Alongi questioned the possibility of reducing the
number of Councilmembers serving on each committee and retaining the
committees. City Attorney Harper clarified the restrictions based on the
appellate court decision.
Councilman Alongi expressed concern that people interested in Public
Safety, etc. had a line into City Hall thru those committees. He suggested
that this committee is the same.
Mayor Washburn clarified the process of recommending to Council and
expressed concern that the other committees were cutting too many deals
independantly and that is why they were abolished to allow all Council to
provide input.
Councilwoman Cherveny commented that there was no wheeling and dealing
occuring with those committees.
Councilman Alongi concurred that no wheeling and dealing occurred and
stated that thsi committee is not important to him, however the Public
Safety and Public Works Committees were just as important. He suggested
that the committees continue with a reduction in the number of
Councilmembers participating.
Mayor Washburn commented on the prerogative to appoint committees.
THE FOREGOING MOTION FAILED TO CARRY BY A ~OTE OF 2 TO 2 WITH DOMINGUEZ AND
WASHBURN CASTING THE DISSENTING VOTES.
PUBLIC COMMENTS _ NON-AGENDIZED ITEMS
Citv Residents
Joy Porthunder, 115 S. Spring Street, Apt. 16, supported Mr. Burns and Wayne's
PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
Weiner Wagon and suggested that he has the right to pursue his business.
Lela Cardoza, 300 Etlis Street, informed Council that former Mayor Leon
Strigotte has intereferred with her right to express her opinion regarding the
recall efforts. She commented on Mr. Strigotte's efforts to recall
Councilmembers Alongi and Cherveny and suggested that he had attempted to
intimidate her. She also suggested that maybe she should have had him
arrested. She stated that she would not tolerate further infringement on her
rights.
Allan Eckart, resident of Butterfield Mobile Home Park, commented on the
Conditional Use Permit requested for Elsinore West Marina. He expressed
concern with a permit being granted unless the volume of music played at those
activities can be regulated. He advised that the music recently played until
11:30 p.m.
Rick Zwiefel, 101 S. Main Street, addressed previous comments by City Manager
Molendyk and suggested that the abolishment of City Council committees was a
plan which only Mr. Molendyk and Mayor Washburn were informed of. He suggested
that Councilmembers Dominguez, Washburn, Winkler and City Manager Molendyk were
holding meetings before the meetings. He also suggested that with Councilman
Winkler's absence, this was the first fair Council Meeting for Councilmembers
Alongi and Cherveny.
Chris Hyland, 15191 Wavecrest, expressed concern with recent discussions of
hiring a psychologist to help Council resolve their differences. She further
expressed concern with the commercial fishing proposal considered at the
last meeting; and consultamts such as B.S.I, Keith Company, etc. suggesting
that expenses could be cut by getting rid of them. She further suggested the
possibly the City Manager should have been cut.
Frank Robie, Jr., 454 N. Kellogg, Apt. B., expressed continuing concern with
the lack of activities for all ages. He commented on the recent news coverage
of the fly problems and suggested that the Lake is the breeding ground for a
county-wide problem.
Tom Hundshamer, President, Chamber of Commerce, commented on the membership
drive which is currently underway and thanked Council for their assistance with
this drive. He invited the Council and public to the next mixer to be held on
Thursday, September 24th at Park Plaza Restaurant. He also announced an
upcoming "play day" at the Rodeo Grounds.
Countv Residents
Bob Houts, 32946 Rose Avenue, questioned the recent Council approach to
public comments and the prior efforts to be neighborly. He also questioned
recent comments of Leon Strigotte and Councilman Alongi about County residents.
He stressed the requirement that the City work with the County residents to
proceed with the Lake Transfer addressed in Senate Bill 1697.
Peter Dawson, 18010 Grand Avenue, commented on the Lake Advisory Committee and
requested that the committee be allowed to continue and allow him the
opportunity to assist the City in the future of ~he Lake. He further commented
that the Committee is only interested in making the Lake a success. He stressed
the impact of Lake Management on the County residents who are in the same
proximity as the City to the Lake itself.
CITY MANAGER COMMENTS
None.
CITY COUNCIL COMMENTS
Councilman Alongi commented on the Amber Ridge Tract and clarified that he is
interested in the problems they are having and he is not opposed to helping
them, but he wants assurance that Elsinore Valley Municipal Water District is
doing all they can to assist. Councilman Alongi further commented on
L.E.A.F.'s vaccination program at the park and the lack of inedia coverage of
this successful effort. He also commented on the lack of inedia coverage for
PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
the Chamber members who cooked hamburgers for the freeway workers. He advised
that the work on Mission Trail is being done jointly by the City and E.V.M.W.D.
and the efforts are cooperative on both sides. Councilman Alongi commented on
the Street paving and sidewalk work which is pending and advised that it should
be completed this year.
Councilman Alongi addressed the Abatement program and commended Carol Gordon
for getting the property at lst Street and Mill cleaned up. He further
addressed the County residents and stressed that he was elected by the City
residents and they are his first priority. He also addressed the comments on
the Lake and suggested that more information is needed as to what the City can
do and he will provide no funding for it until the State turns it over.
Councilwoman Cherveny requested that staff provide a follow-up report on the
Ambassador Hotel. She further requested that staff look at a four-way stop for
the Machado/Lakeshore intersection as she has received a request from Mr. Earl
Doyle, due to the number of children in the area.
Councilwoman Cherveny advised that she would be attending a Redevelopment
Seminar in Burbank, She further advised that a partial payment has been
received on Leonard 0'Byrne's loan and it will be current by December 1, 1992.
Councilwoman Cherveny requested that staff address the new Police Facility in
the Redevelopment Agency Budget, as she would like to see progress. She also
requested an update on the two new police officers budgeted for this year. She
advised Mr. Dawson that she has always welcomed his input and participation,
however she would like to be as informed as the Committee members.
Mayor Pro Tem Dominguez announced the new RTA Dial-a-Ride program which will be
starting for Senior Citizens and Disabled Citizens. He detailed the hours of
service and the fee and advised that more information could be obtained by
calling (714) 684-0850.
Mayor Washburn requested an update on the Method~st Church. He commented that
the Lake is the most important issue in the Community and also the biggest
burden for the City and the Water District. He reminded the public that the
City still does not have control of the Lake.
City Manager Molendyk reminded the Council that the Town Hall Meeting
originally scheduled for September 24th has been cancelled and will be
rescheduled to accommodate the Council's calendars.
City Attorney Harper advised that he would need a Closed Session to discuss
19tigation with O.M.G. and other potential litigation.
THE CITY COUNCIL MEETING WAS RECESSED AT 9:14 P.M.
THE CITY COUNCIL MEETING WAS RECONVENED AT 10:41 P.M.
CLOSED SESSION
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 10:41 P.M. TO DISCUSS POTENTIAL
LITIGATION AND O.M.G. VERS~S THE CITY OF LAKE ELSINORE.
THE CITY COUNCIL RECONVENED AT 11:35 P.M. NO ACTION TAKEN.
ADJOURNMENT
MOVED BY DOMINGUEZ, SECONDED BY ALONGI ND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO ADJOURN THE REGULAR CITY COI~JCIL MEETING AT 11:36 P.M.
~~ o.' />/~u`K~`
AR M. WASHBURN, `~7l~ -
CIT~~6,'~LAKE ELSINORE
_ERK
CITY OF LAKE El_SINORE