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