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HomeMy WebLinkAbout10-13-1992 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE ~ 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 13, 1992 _ *****************************************************************~************* 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 Alleqiance was led by Councilwoman Cherveny. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASNBURN ABSENT: COUNCILMEMBERS: NONE 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, Community Development Manager Shear, City Planner Christen, Special Projects Coordinator Bashain, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS None. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Itein Nos. 21, 23 and 44. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 6 and 12. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Study Session - August 27, 1992. (F:44.4) b. Regular City Council Meeting - September 22, 1992.(f:44.4) The following Minutes were received and ordered filed: c. Planning Cominission Minutes - Septembei° 2, 1992. (F:60.3) d. Planning Commission Minutes - September 16, 1992. (F:60.3) 2. Received and ordered filed the 6uilding Activity Report for September, 1992. (F:32.2) 3. Received and ordered filed the Code Enforcement Activity Report for September, 1992. (F:54.1~ 5. Received and ordered filed the Investment Report for September, 1992. ~F:12.5) PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 13, 1992 7. Adopted Resolution No. 92-71 relating to Speed Limits on Summerhill Drive. (F:152.1) ~ RESOLUTION N0. 92-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS. 8. Approved Final Parcel Map 25586 for Ayres Development. (f:110.2) 9. Approved Final Parcel Map 26890 for Ayres Development. (F:110.2) 10. Accepted Grant Deeds for the Purpose of Easement Dedications for Various City Projects at the following locations: (F:132.1) Lot 7 in Block 67 in Heald's Resubdivision for a 2.5 foot street right-of-way. Swan Avenue - Lots 19 & 20 for a 10 foot slope easement. Elsinore Hts. Tract No. 5 Lot 133 for a 5 foot public utility easement. 307 E. Franklin Street for a 5 foot street right-of-way. Lots 6 and 8 of Unit 15 of Country Club Heights for a 10 foot slope easement. Unit 12 Country Club Heights for 2-10 foot street right of way. 29610 Nichols Street for a 10 foot street right of way. 30413 Hill Avenue for 2-10 foot slope easements. Country Club Heights No. 15 lots 6& 8 for a 10 foot slope easement and Lots 16 & 20 for a 5 foot street right of way. 11. Accepted Grant Deeds for the Purpose of Street Right of Way Dedications at the following locations: (F:132.1) 1009 Heald Avenue 1307 Sumner Street 308 Mohr Street 783 Lake Street 1051 Dawes Street ITEMS PULLED FROM CONSENT CALENDAR 4. Structure Abatement Activitv Report = September, 1992. (F:32.4) Councilman Alongi questioned the abatements at 132 E. Sumner, 550 E. Lakeshore and 103 Mohr Street and whether this process could be stepped up. City Attorney Harper explained that the time lines are limited by statute and the City already processes very quickly. Councilman Alongi expressed concern with fenciny and security of the properties. City Attorney Harper clarified that this is a different issue and the City can require that the properties be secured. Councilman Alongi inquired whether the property owners had been notified of this requirement. Community Development Manager Shear advised that the Sumner Street property has been fenced by the owner, the Lakeshore Drive property has been secured and a rehabilitation is being processed and he was uncertain of the Mohr Street conditions. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED TNE STRUCTURE ABATEMENT ACTIVITY REPORT FOR SEPTEMBER, 1992. PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 13, 1992 6. Claims submitted ~ Eric Williams L#92-22 California Street Maintenance L#92-23 and Count of Riverside L#92-24 .(F:52.2) Councilwoman Cherveny requested clarification on the California Street Maintenance claim. City Attorney Harper explained that it was for "indemnity" in another lawsuit pending against the City. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO REJECT THE ABOVE MENTIOMED CLAIMS AND REFER TO THE CLAIMS ADMINISTRATOR FOR HANDLING. 12. Acceptance of Grant Deeds for the Purpose of Underpround Water Riqht Dedications at the followinq locations: (F:132.1) Lot 83 of Elsinore Heights - Unit 5 23] Pepper Street 221 Pepper Street 211 Pepper Street 1051 Dawes Street 309 Lindsay Street 313 Lewis Street 810 Pottery Street 808 Pottery Street 806 Pottery Street 804 Pottery Street 1307 Sumner Street 1109 Heald Street 10413 Hill Avenue, Unit #23 Lots 753, 754, 755 - 29610 Nichols Street Lots 19 and 20 - Swan Avenue 16801 Holborow Street 16792 Lash Avenue Councilinan Alongi expressed concern with this item in that no consideration is given for these dedications and the City is not in the water business. He also commented that he feels this requirement is discriminatory against the builders. MOVED BY ALONGI TO RETURN THE DEEDS TO THE OWNERS AND THE CITY CEASE TO COLLECT THEM. MOTION DIED FOR LACK OF A SECOND. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ACCEPT THE DEDICATIONS AS LISTED ABOVE AND AUTHORIZE THE CITY CLERK TO RECORD THEM. PUBLIC HEARINGS 21. Murdock Alberhill Ranch: General Plan Amendment 92-4, Soecific Plan Amendment Nuinber 2,_ Environmental Impact Reaort Addendum and Development Apreement. Resolution Nos. 92-72 & 92-73. Ordinance Nos. 942 & 943. (F:83 p (X:150.2)(68.1) City Ma~ager Molendyk introduced this itein and provided an overview of the project. He stressed the need for this to be a true business agreeinent to be effective. He detailed the proposed DAG fees and their distribution. Councilman Alongi requested continuance of this item to the next meeting, since the Council has been out of town with limited time to review the documents. Mayor Washburn clarified possible directions including the restrictions if the public hearing is opened. City Attorney Narper further clarified the difficulty in opening the public hearing and continuing it. Ne suggested that it would be better to continue the matter without opening the public hearing. MQV~R ~Y ALQNGI, ~~CQN9~p ~Y CH~RV~NY TO GpNTIN~~ TMIS ITEM TO TME NEXT GITY PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 13, 1992 COUNCIL MEETING. Councilwoman Ch~rveny questioned the agreement and the reason the Planning Commission changes were not reflected in the agreement presented to Council. She commented that she would appreciate more time to review the materials. Mayor Pro Tem Dominguez commented that the information being requested is not generally received prior to the meeting. City Planner Christen clarified that the development agreement is not generally modified until after Council direction is received. He stressed that the Planning Commission direction is only a recommendatiorr to the City Council. Councilwoman Cherveny questioned the ability to handwrite the changes in the agreement when presented. City Planner Christen clarified that this would be possible, if kept in mind that the changes are ongoing up to the Council consideration. Councilwoman Cherveny commented that she feels this would streamline the process. Councilman Winkler advised that he may not be able to attend the October 27th Council Meeting due to a court case in Washington, D.C. and requested that this item be scheduled for another date. Ilene Miles, representing Murdock Alberhill Ranch, advised that they would be willing to accommodate the Council and the November lOth meeting would be acceptable. Councilman Alongi clarified that he would like to postpone this matter to allow time to understand the material presented and a month would be fine with him. He suggested a Sudy Session be scheduled. MOVED BY ALONGI, SECONDED BY CHERVENY TO AMEND THE FOREGOING MOTION TO CONTINUE THIS MATTER TO NOVEMBER 10, 1992. THE fOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 22. Adoption of Ordinance No. 944 as it relates to the Uniform Codes. (F:32,3) City Manager Molendyk highlighted this item. Coinmunity Development Manager Shear explained that the Codes are updated every three years thru the International Conference of Building Officials. Ne also explained the changes and additions proposed. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:24 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:25 p.m. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE N0. 944: ORDINANCE N0. 944 AN ORDINANCE OF THE CIiY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER 882, AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS, DELETIONS AND ADDITIONS TNERETO: UNIFORM BUILDING CODE 1991 EDITION; UNIFORM HOUSING CODE 1991 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1991 EDITION; UNIfORM PLUMBING CODE 1991 EDITION; UNIFORM MECHANICAL CODE 1991 EDITION; UNIFORM FIRE CODE 1991 EDITION; NATIONAL ELECTRICAL CODE 1990 EDITION; UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1991 EDITION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASNBURN PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 13, 1992 NOES: COUNCILMEMBERS: NONE ABSENT: COUNC14MEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE APPEAL 23. Aapeal of Planninp Commission Action on Conditional Use Permit 92-8 = Elsinore West Marina. (F:67.2) City Manager Molendyk gave an overview of the appeal and stated that staff recommendation was to uphold Planning Commission decision on Conditional Use Permit 92-8. Councilman Alongi stated that he objects to activities other than the operation of an R.V. Park at this location. He explained the Temporary Use Permit (L.E.M.C. 17.98.020 and 17.98.030) and suggested that this would help limit the uses; while a Conditional Use Permit would allow the applicant to have any activity at any time and as often as he chooses. He further su9gested that the security for the activities should be addressed by the Sheriff's Department through a separate application because of the number of people who will attend each activity as addressed in the "Municipal Code under 17.98.070 - Standards of Operation". Councilman Alongi recommended that Council deny the Conditional Use Permit and suggested that the applicant wait for the new Special Events Permit Ordinance currently being written by the City Attorney. Councilwoman Cherveny read a letter from Captain Wayne Daniel indicating that the application addressed several different events and more information regarding each event would need to be provided before he could make a judgment in regard to the necessary security. She stated that it was her opinion that the Sheriff's Department did not favor a blanket permit and would rather have each event handled on an individual basis for security reasons. Councilwoman Cherveny also recommended that the request be denied. Mayor Pro Tem Dominguez commented that Condition #4 states that each event must be reviewed by the Fire Department and the Sheriff's Department prior to each event. He further cominented that he felt the conditions mitigated the stated concerns ~f Council and he had nc problems with having activities on the Lake as long as all the conditions are met. Mayor Washburn asked for the added Conditions of approval to be read for the record: 1. No rap, heavy metal or hard rock music to the condition. 4. Notify the Sheriff's office weekly. 11. Applicant shall provide temporary snow fence on Riverside Drive during the hours of operation for the Farmer's Market. 12. No parking on Riverside Drive. 13. On Riverside Drive post a right i.urn only sign on Saturday and Sunday, which would be a temporary sign, during operational hours. 14. All storage will be removed from the Street Fair area. Councilwoman Cherveny stated that she has had numerous calls asking for a denial due to the unsafe conditions and annoyance to the neighbors. PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 13, 1992 City Manager Molendyk clarified that Special Events are what occur on an irregular basis, usually by a private organization or person who might want to come into the community. He further clarified that staff was asked to work closer with the local business community , especially in the area of commercial recreational and tourism that the City is trying to encourage, to make the process easier. He also clarified that the intent of the Planning Department and the Planning Commission was to try and develop a process through a C.U.P, for those in the business of commercial/tourism to make it easier to get an approval on an annual basis; and then it would be up to the business to maintain a relationship with the police department and staff to work on their annual events to promote the City and their business. Mr. Molendyk stated that this was the reason this application was handled as a C.U.P. Mayor Washburn explained that even though this is an R.V. use the zoning still allows these activities under a C.U.P. He clarified that this is on a six month trial basis and then it will be reviewed again. He requested clarification of the plot plan. Community Development Manager Shear showed and explained the plot plan. Councilman Alongi questioned any other entrances to the park. Community Development Manager Shear stated that due to the traffic circulation another access was being considered. Mayor Washburn clarified that the north sitle of the property is vacant land, the Lake is to the east, and the Riverside Drive is to the west. Councilman Alongi asked where the right turn only signs will be placed. Community Development Manager Shear explained the location. Mr. Alongi questioned the ability to create a right-hand turn only on to a State Highway. City Attorney Harper stated that there is no legal requirement which prohibits the property owner or the City from creating a right turn only situation. Councilwoman Cherveny expressed concern that the City is setting a precedence and others will want to apply for the same type of C.U.P., giving the applicant a blanket invitation to do whatever he wants to do, causing the City to lose control over the type of activities allowed. Mayor Washburn stated that this is on a six month trial basis and if more than 100 people are anticipated at the event, the Community Development Manager would be involved in the process. He further stated that there are existing curb cuts and ingress and egress will be dealt with appropriately. City Manager Molendyk explained that the intent was to assist local business. He further explained that it was Planning Commission's intent is to give some specific guidelines. He also explained that if Mr. Palmer does not comply with all of the conditions, then the C.U.P. can be revoked immediately. Councilman Winkler commented that under the C.U.P. the events do not violate any ordinances and Condition #1 restricts the type of events which can be held and in six months the C.U.P. is up for review. He further commented that Condition #4 clearly states that the applicant must be in contact with the Sheriff's Department for each event. Councilman Winkler also commented that all the criteria has been met and he will vote to in support of the request. Coleen Barrett, 32900 Riverside Drive, Butterfield Village, addressed her concern regarding the traffic, the number of events at one time, number of people who will be in attendance and the noise level. She stated that the residents feel that each activity should be permitted individually. Willam Peyton, Elmore Investment Co., Butterfield Mobile Home Park, read the letter he sent to the Planning Commissions stating the park's - . -- _ PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 13, 1992 objections to the activities requested. He stated that he objects to a blanket permit which would allow as many events as the applicant wants. Councilman Alongi stated that he feels this is a special situation and a C.U.P. has never been given to an existing business. He expressed concern that the time limits to notify the Sheriff's Department are just one week prior to the event verses the 30 or 60 days required for anyone else who is having a special event. He also stated his concern with the burden this places on the Sheriff's Department Ervin Palmer, Applicant, Elsinore West Marina, detailed the activities his park currently provides. He explained that there are several activities which will be brought before the City on a regular Special Events Perinit basis, such as boat races, bungee jumping, carnivals, etc., however, the activities planned are not of that magnitude and the expected turn-out will be far less. He also explained that Farmers' Markets are family events and will not create loud noise late at night. Mr. Palmer explained that there are several Farmers' Markets being held throughout Southern California which are good clean Pamily fun and very successful. Councilwoman Cherveny stated that she did not wish to imply that the Sheriff's Department was against the activities, but rather that in order for them to give a recommendation for security they would need more information on each event. Mr. Palmer stated that he uses the Tri Lake Security Patrol in order to keep everything safe and secure. Councilman Alongi expressed his concern in regard to all the activities and stated that he felt that event by event permit fees were applicable. Mayor Washburn asked Mr. Palmer to explain the activities planned. Mr. Palmer explained that there would be a Farmers' Market every Saturday supplemented with a hot dog stand, some arts and crafts and live entertainment once a week. Mr. Palmer stated that he holds a business license and this is consistent with the type of business being done in several other R.V. parks. Councilman Winkler advised that he has heard no objections to the activities planned, and he felt that the Sheriff's Department could address the traffic and safety concerns. He reminded Counci1 that there will be a review in six months. City Attorney Harper clarified that there are currently two sections of the code that address Special Events, one is the Special Events Ordinance in Section 5.73 the second is Temporary Outdoor Activities in Section 17.98. The Council can approach each temporary event through those ordinances, or Council under the zoning code can adopt a Conditional Use Permit which affect the sum of those under one business activity. The latter being the one staff used. Councilman Winkler commented that the fees for a Temporary Outdoor Activity Permit are for processing and staff time. Councilman Alongi stated that this is not addressing one event, but several events on the saine day. He further stated that he felt that the applicant should go tiirough the same process as everyone else because staff will have to address each event and approve it. Mr. Alongi stated that the business is an R.V. park and not a fairgrounds, therefore it is a special event since there will be more than one activity occurring. Mayor Washburn explained a Conditional Use Permit and stated that he recognizes the concerns of the surrounding property owners. MOVED BY ALONGI, SECONDED DY CHERVENY AND FAILED TO CARRY TO DENY THE PLANNING COMMISSION ACTION GRANTING CONDITIONAL USE PERMII 92-8 - ELSINORE WEST MARINA. PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 13, 1992, MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION DECISION TO GRANT CONDITIONAL USE PERMIT 92-8 - ELSINORE WEST MARI~A. BUSINESS ITEMS 31. Warrant List = Seatember 30,_ 1992. (F:12.3) Councilwoman Cherveny commented that she had no items over $50,000. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRI.ED„BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST OF SEPTEMBER 30, 1992. 32. Recoverv of Exaenditures = Structure Abatement = 29375 Pinnell Street. (F:32.4~ City Manager Molendyk detailed this item and the associated costs. Mayor Washburn stated that there was a letter from Mr. Lee, Attorney At Law asking for a continuance of this item. City Attorney Harper, after reviewing the letter from Attorney Lee, explained that he sees no reason to take action to continue this item. He indicated that the demolition and removal has already taken place and this item is for a lien of that cost. Mr. Harper explained that the property owner was properly notified of the appeal and did not pursue it at the appropriate time. Councilman Winkler explained that in Attorney Lee's letter he asked that an objection be noted for the record. The letter also indicated that a claim would be filed in regard to damages incurred by the estate in regard to the demolition. Councilman Alongi commented that he had talked with the property owner and he felt that the garage was not causing a hazard for the public, but it has caused a burden to the property owner and problems with the insurance, since the foundation as well as the garage was reinoved. City Attorney Harper explainetl that it is the City's practice when demolishing a structure, is to demolish the entire structure including the foundation, because the foundation by itself represents a problem. He further explained that a structure cannot be rebuilt upon that foundation, and that is the purpose of the abatement. Mr. Harper stated that the proper notification was followed antl the property owner did not appear. Since there was no intent shown to rebuild the living structure the garage was abated because it is only an accessory structure. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE TNE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 33. Recoverv of Expenditures = Structure Abatement = 309 North Poe Street. (F:32.4 MOVED BY CN RVENY, SCCONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMIPJISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALl RELATED COSTS AND INTEREST ACCRUED THERfON. 34. Recoverv of Expenditures = Structure Abatement = 16Z90 West Lakeshore Drive. (F:32.4) MOVED BY CHERUENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE TNE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUEG THEREON. PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 13, 1992 35. Recoverv of Expenditures = Structure Abatement = 110 East Lakeshore Drive. (F:32.4) MOVED BY CHERVENY, ~ECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABA EMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOUER AlL RELATED COSTS AND INTEREST ACCRUED THEREON. 36. Recoverv of ~enditures _ Structure Abatement _ 17690 Strickland Avenue. (F:32.4 MOVED BY CHE~VENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPEGIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOUER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 37. Recoverv of Expenditures = Structure Abatement = 15900 Grand Avenue. (f:32.4~ MOVED BY CH RVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE 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. 38. Recoverv of Exaenditures _ Structure Abatement = 28875 Robb Road. (F:32.4~ MOVED BY CH RVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE 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. 39. Establishment of StOp Controlled Intersections = Various Locations = Resolution No. 92-74. (F:162.2) Public Services Director Tecca commented on studies conducted throughout the City to determine the need for additional stop signs. He explained that the determinations had been made primarily based on visibility limitations. He also explained that the intersection of Chaney/Lakeshore had been found inappropriate at this time. Councilman Alongi addressed the locations proposetl for new stop signs and commented that these are highly used by children going to school; he questioned the procedure for placement of crosswalks. Public Services Director Tecca explained that they would neeti to be on the safest route to school and extensive study would be required. He also explained the stop bars and stop signs and the inability to place crosswalks at those locations. Councilinan Winkler commented on the potential for increased danger from improper placement of crosswalks. Public Services Director Tecca commented on the Sheriff's Department study of marked vs. un-marked crosswalks and the burden on pedestrians. Councilman Alongi expressed concern that the students are taught to cross only at crosswalks, but the crosswalks are not in the places needed. Mayor Washburn suggested that staff obtain School District input and provide a memo to Council. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO ADOPT RESOLUTION N0. 92-74: RESOLUTION N0. 92-74 A RESOLUTION OF THE CITY COUNCIL OF TH[ CITY OF LAKE CLSINORE, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. Councilwoman Cherveny advised that hei° abstention was due to the proximity of her home to one of the intersections. PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 13, 1992. 40. Establishment of a Passenqer Loadinq/Unloadina Zone in front of St. Francis Catholic Church = Resolution No. 92-75.~~1~•~- MOVED BY CHERVENY,ISECONDED BY WINKLER TO ADOPT RESOLUTION N0. 92-75. Councilman Alongi commented that he doesn't feel a loading zone in front of a church is appropriate; as the church could place a sign or assign a person to control traffic. He suggested that if this one is allowed, all churches should be allowed loading zones. Mayor Washburn questioned possible alternatives to loading zones. Public Services Director Tecca explained that this proposal is for a white loading zone which allows 3 minutes for passenger loading and unloading. He distinguished it from a yellow zone for coinmercial uses, and explained that it is commonly used for theaters and churches. Mayor Pro Tem Dominguez concurred with Councilman Alongi. Councilman Alongi advised that he doesn't feel this is an important issue. He suggested use of an usher to assist with loading and unloading as he doesn't feel this is appropriate use of loading zones. Mayor Pro Tem Dominguez commented that the church is busy more frequently than Saturday and Sunday and this zone is particularly needed for funerals. Councilman Alongi suggested the use of barricades and commented that other churches are also busy throughout the week. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 41. General Fund Budaet Uodate. (F:30.1) City Manager Molendyk explained that the State budget was adopted on September 2, 1992, and strongly impacted the budgets of municipalities throughout the State. He further explained that this is the third year that the State has balanced its budget at the expense of the cities. He detailed the impacts on the City of Lake Elsinore General Fund Budget amounting to approximately $156,000 to $160,000. He advised that these impacts would be mitigated through the General Fund reserves. MOVED BY CHERUENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THIS REPORT. 42. Adoption of Ordinance No. 945 as it relates to Health Services. (F:140.7) City Manager Molendyk explained this itein. MOVED BY CHERUENY, SECONDED BY ALONGI TO ADOPT ORDINANCE N0. 945: ORDINANCE N0. 945 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER 150, ORDINANCE NUMBER 372, AND ORDINANCE NUMBER 729, AND ADOPTING RIVERSIDE COUNTY ORDINANCE 492. UPON THE fOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE yy. PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 13, 1992 43. Transportation Demand Ordinance No. 941. (F:140.14) Public Services~Director Tecca detailed the requirements imposed by the County to reduce the number of daily trips generated by businesses. Mayor Washburn commented that this will be monitored through business licenses and inquired how it would impact utility companies. Public Services Director Tecca explained that publci agencies are governed separately on this issue. Mayor Washburn q,uestioned the voluntary prograin and inquired whether the processing fee would be waived for voluntary participation. Public Services Director Tecca explained that the fee only applies to staff time used and stressed that staff will be available to assist in development of plans. Councilman Alongi questioned why the fee is charged at all. Staff clarified. MOVED BY ALONGI, SECONDED BY CHERVENY TO ADOPT ORDINANCE N0. 941. ORDINANCE N0. 941 AN ORDINANCE OF THE CITY OF LAKE ELSINORE RELATING TO MOBILE SOURCE AIR POILUTION REDUCTION THROUGH REDUCING EMPLOYMENT RELATED MOTOR VEHICLE TRIPS AND EMPLOYMENT RELATED MOTOR VEHICLE MILES TRAVELLED. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 44. Human Services Center = Request for Fundinq. (F:64.4) Community Services Director Watenpaugh expla?ned the establishment of the Human Services Center to provide a central area where a number of different agencies can provide services. He further explained the funding budget and the expectation that each program would contribute to their own functions. Mr. Watenpaugh advised that this request is for additional funding of $4,000 from the City and a possible $4,000 froin the County. He also advised that at this time there has been no firm commitment and the City has met their 15% cap for the year. Councilman Alongi questioned the funding and the necessary programs which are provided. Mr. Watenpaugh detailed the current funding. Norm Bunchanan, 575 Chaney Street, requested an additional $4,000 for the Human Services Center to retain the services that this organization provides. He reported that in the first three months of the current fiscal year the Human Sei°vices Center has provided 1,284 service hours to the community. He gave an overview of the services provided and their need and again asked Council to fund the $4,000 to maintain the existing services. Lisa Baker, United Way of the Inl.arid Valley, explained that there has been a significant increase in services provided for the City. She further explained that the Human Services Center provides vital services to the community and helps people locally instead of having to leave the area to seek help. Joan Rosenberg, 237 W. River Road, Corona, of the Employment Development Department of the State of California, explained that Lake Elsinore has an PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 13, 1992 out station of the Department which is located at the Human Services Center. She detailed the services provided and stressed the importance of the ability to ~ervice from the Human Services Center to provide jobs and assistance. Beverly Speak, Alternatives to Domestic Violence of the County of Riverside, explained the services provided to victims of domestic violence. She stated that without their service the cost would be far greater to the taxpayers. Melody Erickson, Adult Literacy Program, 400 W: Graham, at the lake Elsinore Library, explained that the Human Resources Center refers people to their program and gives tliem the ability to reach out and educate. She further explained that due to the referrals from Human Services the program was able to help local citizens to learn to read and as a consequence gain employment from being able to fill out job applications. She encouraged Council to fund the Human Services Center. Patricia Woodruff, Shared Housing, appealed to Council to retain the Human Services Center as they are able to help provide affordable housing to the local citizens and it is a much needed service. Susan Ross, MFI Recovery Center for Substance Abuse, explained that their service provitles treatment not only for the substance abuser but also to the families. She further explained that the Human Services Center is essential to the job that they perform for the betterment of the community. Jerry Cornelson, Volunteer Center, explained that his organization is made up of five services; a referral service, crisis hotline, care for the elderly, alternative service program, and advocacy program. He further explained that the Human Services Center provides the referrals which require the services needed by the Community. He further encouraged the funding of the Center. Councilman Winkler addressed the funds that have been made available to the Human Services Center and what has been provided. He further explained that he would hope that the County would contribute, and in light of the current budget he would like to see the City grant the $4,000. Councilwoman Cherveny supported assistance for the Human Services Center. Councilman Alongi explained that there are other needs within the community as well. He further stated that he felt that it was unfair to fund one type of service and ignore others. Councilwoman Cherveny stated that she felt that this was an urgent situation, and the Council can address other agencies as they come forward. Mayor Washburn coinmented that Council is very receptive to the needs of the different'organizations in the coinmunity and this program has been extremely successful. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY A 4-1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE TO ALLOCATE $4,000 TO THE HUMAN SERVICES CENTER WITH THE PROVISION THAT THE COUNTY MATCHES TH~ $4,000. THE CITY COUNCIL MEETING WAS RECESSED AT 9:44 P.M. THE CITY COUNCIL MEETING WAS RECONUENED AT 9:56 P.M. 45. Installation of Downtown Murals. (F:34.2) City Manager Molendyk gave a brief history and overview of the request and explained that it was suggested that this item be referred to the Design Review Committee. Rick Warner, President of the Downtown Business Association, explained that PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1992 what his organization is asking of staff is to suggest a suitable site for the murals to be placed. He further explained this item has already been hung in the City and has already had approval of the Design Review Committee, so when a site is picked and approval has been received from the property owner, then the Planning Department and the Design Review Committee would have to approve the permit. Councilman Winkler suggested that this item be referred back to staff to work with the D.B.A. and find an alternate site. Councilman Dominguez stated that he felt that this item should be considered by the D.R.C. Councilman Alongi reviewed the history of the placement and removal of the murals. He explained that he would like to see the murals hung on the wall facing the parking lot for best vantage. Mayor Washburn explained that this is a chance for staff to work with the D.B.A. and find an alternative site. He further explained that he felt that this can be done easily. Councilman Alongi stated that this item is not appropriate to be heard by the D.R.C. He further stated that a lot of dollars went into this project and it should be displayed where the public can best view the murals and not where the D.R.C. thinks it should go. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO REFER THE ITEM BACK TO STAFF TO WORK WITH THE DOWNTOWN BUSINESS ASSOCIATION IN REGARD TO THE PLACEMENT OF THE DOWNTOWN MURALS. 46. Citv Center Develooment = Repuest for financial Assistance. (F:58.2) City Manager Molendyk ~~equested that this item be addressed by the Redevelopment Agency. Council concurred to refer this item to the Redevelopinent Agency. 47. Business License = Placement of Mobile Vendinq Cart at the Intersection of Main and Graham = Wavne's Wiener Waqon (Continued from September 2~ 1992 . (F:34.1) City Manager Molendyk advised that this item was continued from September 22, 1992, and the applicant had resolved the concerns raised by the Council. Councilman Alonyi cominented on DRC approval for two locations with two weeks in each. Wayne Burns, applicant advised that he is not opposed to the two locations. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE LOCATION FRO A MOBILE UENDING CART AT THE INTERSECTION OF MAIN STREET AND GRAHAM AVENUE FOR WAYNE'S WIENER WAGON. 48. Schedulinq of Study Sessions. (F:44.1)(X:120.1) City Maanger Molendyk explained that no direction was provided at the last meeting and detailed the possible alternatives for meeting scheduling. Mayor Washburn commented that he is flexible as to hours, however he requested that the sessions be limited to two iteins each. Mayor Pro Tem Dominguez suggestetl that two hours is too long for two items and suggested that the study sessions be helcl from 4 p.m. to 5:30 p.m. Councilwoman Cherveny indicated that she would prefer 3 p.m. to 5 p,m. with a two hour break before the Council meeting. She also suggested that the meetings be held in the evening to allow public input. PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1992 Councilman Alongi commented that it would be difficult to work with the 4 p.m. to 6 p.m. plan, and suggested that 3:00 p.m. to 5 p.m. would be more appropriate. H~ stressed the need for the Community to be involved and suggested that the meetings be from 7 p.m. to 9 p.m. Mayor Washburn commented on the community and the timing of ineetings and stressed that the community is always invited. He suggested that 3:30 to 5 p.m. would be good timing. Mayor Pro Tem Dominguez commented that the study sessions are for Council and questioned the public input relavance. City Manager Molendyk clarified the Town Hall Meetings are for public input and susggested that study sessions be for specific concerns on agenda items. He further clarified that the study sessions should be more procedural items with major issues being addressed in a separate meeting. Councilman Alongi expressed concern that study sessions are the only means of access for the community. He requested that there be study sessions to address all issues. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY A VOTE Of 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTE TO SCHEDULE STUDY SESSION FROM 4 P.M. TO 5:30 P.M. PRIOR TO CITY COUNCIL MEETINGS WITH A LIMIT OF TWO ITEMS PER SESSION. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, commented on her stress and loss of sleep due to the traffic on Grand Avenue. She questioned the ability of the City to fund advertising, Autumnfest, etc.; and its impact on the ability to fund a sound wall in her neighborhood. She addressed a number of items on the warrant list and questioned their importance over the funding she has requested. Rosala Kiehl, 300 Ellis Street, Space 21, commented on the rent increases being imposed on elderly residents of Briarwood Mobile Home Park. She requested a City Council Study Session to review the rent being charged in the park. Mayor Washburn questioned legislation with regard to rent control. City Attorney Harper confirmed that the City may impose rent control. Marge Rieder, 300 Ellis, commented on meetings ir7 which Mayor Washburn and former Councilman Starkey participated in regard~ng the possibility of a rent review board. She further commented that no action has occurred. She detailed the rent increases since the property has changed owners, and explained the difficulty and expense in moving a mobile home to another park. She requested that Council pursue legislation to solve this dileinma. Bob Houts, Rose Ave., Lakeland Village, commented on the pending request for restoration of launching rights to the residents of Lakeland Village. He detailed the efforts of these residents to date and again requested Council support of their rights. Peter Dawson, 18010 Grand Avenue, addressed the upcoming town hall meeting and questioned the correct date and time and the advertising in the newspaper was inaccurate. He appealled to the Community to attend this meeting and participate. CITY MANAGER COMMENTS City Manager Molendyk commented on the success of the Autuinnfest program which was co-sponsored by the City to stimulate and encourage tourism. He detailed the festivities and the history of Airport/City relations. CITY COUNCIL COMMENTS Councilman Alongi requested information on the Grand Avenue sound wall, Public PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1992 Services Director Tecca advised that study had been completed and a memo provided to the City Council which estimates cost at $40,000 to increase the height of the exist~ing wall. He advised that if Council would so desire the proposal could be brought to the next meeting. He further advised that the project would require rights-of-entry and waivers of liability from all impacted residents. Councilinan Alongi inquired whether it would be necessary to move the wall. Mr. Tecca explained the ability to add on to the wall with additional support. Councilman Alongi addressed the requested rent review for mobile home parks, and commented that he is in agreement with the residents. He stressed the need to address this issue and assist the senior citizens. Councilman Alongi requested public input with regard to public safety and public works even though the Committees are no longer in place. Councilman Alongi commented on human resource programs and the need to assist with homeless people. He stressed the need for the City to assist and make its money work for the Community. He further stressed that these services will always be needed. He suggested a study session to look at purchase of a building to house programs and add services. Councilman Alongi also commented on his attendance at the League of California Cities Conference and stressed the educational factor of this conference. He detailed some of the programs attended and the importance of participating in this type of education. Mayor Pro Tem Dominguez advised that he has been contacted with concerns about parking in front of the Security Pacific Bank on Lakeshore Drive, in that it limits visibility of oncoming traffic. Councilman Winkler commented on Autumnfest and its success. He also commented on his Hot Air Balloon ride and his insecurity with not wearinq a parachute. He further commented on the need for a hang gliding landing site on the County side of the Lake. Councilman Winkler addressed the Briarwood Mobile Home park concerns with rent increases. He concurred that the situation need~ to be reviewed. Councilwoman Cherveny commented on her attendance at the League of California Cities educational conference. She concurred with Councilman Alongi on the importance of this opportunity to network with other elected officials. She further concurred with Councilman Winkler on the the need to review the rent situation addressed earlier. Councilwoman Cherveny took exception to a letter which was sent out to restaurants soliciting interest in the tlowntown area. She expressed` particular concern with this effort in that the Grahain Street Parking Lot has only recently been completed and this will impact the availabil°?ty of parking downtown. Councilwoman Cherveny questioned the timing for the two neva police officers to be on the street. City Manager Molendyk atlvised that they would be on the street effective October ].5th. Councilwoman Cherveny addressed the recent dissolution of committees and questioned when the other ~ppointments would be reassigned. She particularly noted the Elsinore Water Transmission Authority whose ineeting would be on October 14th. Councilwoman Cherveny noted that she had received good feedback on the Autumnfest festivities. Mayor Washburn also commented on the success of t.he Autumnfest event. He further commented on the the upcoming Town Hall Meeting and thanked Mr. Dawson for his correction to the date. PAGE SIXTEEN - CITY COUNCIL MEETING - OCTOBER 13, 1992 Mayor Washburn highlighted the League of California Cities Conference and noted a seminar on Community Based Policiing and the importance of "image" on a Community. He note~ that the entire Council is interested in public safety and all are interested in input from the residents. Mayor Washburn advised that he would be taking over the responsibility for the Elsinore Water Transmission Authority to help balance the Council assignments. Mayor Washburn detailed the most recent Lake Advisory Committee Meeting and advised that they discussed the water make-up for the lake and other related matters with Mr. Jim Laughlin of EVMWD. Mayor Washburn also commented that he has received a number of positive comments from people outside the City who are recognizing the efforts toward improvement. City Attorney Harper requested a closed session to discuss litigation involving OMG. TNE CITY COUNCIL MEETING WAS REGESSED AT 10:55 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 12:24 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 12:25 P.M. TO DISCUSS PENDING LITIGATION ENTITLED OMG US. CITY OF LAKE ELSINORE. THE CITY COUNCIL RECONVENED AT 12:31 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL PIEETING AT 12:32 P.M. A TEST:~ - ~ ~~. ~IICKI KASAD, CITY CLERK CITY OF LAKE ELSIP:ORE : ~ ~~~~~~ GARY~~WASHBURN, MAYOR CITY bF LAKE ELSINORE