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HomeMy WebLinkAbout11-24-1992 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 24, 1992 ***********************~********************************~~** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance wa.s led by Councilman Winkler. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALONGI, CAERVENY, DOMINGUEZ, WINKLER, WASHBURN 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 Basham, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Conaressman A1 McCandless. (F:168.1) Deferred until arrival of Congressman McCandless. B. Presentation - Plannina Commissioner Sellevold. (F:60.2) Mayor Washburn presented Commissioner Sellevold with a plaque recognizing his service to the Community, and commended him for his dedication and service to the Community. Commissioner Sellevold thanked the City Council for this recognition and the opportunity to serve the Community. He hoped for continued growth and process of the City. C. Proclamation - S.S. Buraer Basket. (F:122.1) Mayor Washburn read the proclamation recognizing S.S. Burger Basket for their contribution to the Community, in providing free Thanksgiving Dinners on Thanksgiving Day, November 26th from 11 a.m. to 4 p.m. D. Proclamation - County Centennial. (F:122.1) Deferred to next meeting, as no representative was present. __ _ . _ __ _ _ PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 E. Presentation - CR & R Recyclina Proaram. (F:163.1) David Fahrion, representing CR & R, thanked the City Council for the opportunity to make this presentation and introduced other company representatives. He explained the implementation program which will begin with local newspaper information and proceed with public service announcements on King Videocable Channel 3. He further explained that the week of January llth they will be delivering containers to all residents in the City and collection will begin the week of January 18th. He detailed the types of materials which are to be deposited in each of the three containers, being recyclables in the blue container, green waste in the green container and other waste in the black container. Mayor Pro Tem Dominguez questioned alley collection. Mr. Fahrion explained. Mr. Fahrion detailed the Street Sweeping Program. Councilman Alongi inquired the timing of the street sweeping. Mr. Fahrion advised that streets would be swept the day following trash collection. Mayor Pro Tem Dominguez questioned commercial pick-up and stressed current problems, particularly for restaurants. Mr. Fahrion advised that they are evaluating the situation to eliminate the problems. Mr. Fahrion announced the upcoming Household Hazardous Waste and City-wide Clean up day on December 12th from 8 a.m. to 2 p.m. Mr. Fahrion provided an update on their proposed material recovery facility to be built in the City of Perris; and advised that they have received approval at the local and County levels and are now pursuing the State approvals. He further advised that they anticipate completion of the facility in 1994. Councilwoman Cherveny inquired whether the original start date had been January 1, 1993. Mr. Fahrion confirmed that it had, but explained the timing problems with the holidays, manufacturing and distribution of the containers. Councilwoman Cherveny commented on the transition to the new system and the change in days for trash collection and street sweeping and questioned the level of notification to the homeowners and change in signage. Mr. Fahrion advised that they will distribute this information with the containers and stressed that most collection and sweeping days would be changed and cautioned the residents to watch for this information. He also advised that the new route is more geographically based and more efficient. City Manager Molendyk commented on the container size and the constraints of condominiums, duplexes, etc. to accommodate these containers out of view. He stressed the need to evaluate this situation. Mayor Washburn suggested that Mr. Fahrion work with staff to identify these PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 concerns. ~ Councilman Alongi questioned the involvement of apartments in this program and indicated his understanding was that they would still have the large containers they have had previously. Mr. Molendyk clarified that his concern was with condominiums and duplexes which have not previously had large containers. Mr. Fahrion advised that he would address this concern with staff. A. Presentation - Conaressman A1 MeCandless. (F:168.1) Mayor Washburn explained that this presentation is intended to recognize Congressman McCandless before he transfers over into his new district of which Lake Elsinore is not a part. Ae commented that Congressman McCandless has been instrumental in bringing Lake Management to the point it has reached, through his work with the Corps of Engineers, etc. Congressman McCandless thanked the Mayor and City Council for this recognition and commented that he would miss working with the City of Lake Elsinore. He further commented that he feels Ken Calvert will be an excellent replacement representative for the City of Lake Elsinore. PUBLIC COMMENT3 - AGENDIZED ITEMS Requests were received to address items 37 and 39 of this agenda. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 2 MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Study Session M.inutes - November 10, 1992. (F:44.4) b. Regular City Council Meeting Minutes - November 10, 1992. (F:44.4) The following Minutes were received and ordered filed: c. Planning Commission Minutes - October 21, 1992. (F:60.3) d. Planning Commission Minutes - November 4, 1992. (F:60.3) 3. Rejected and referred to Claims Administrator the Claim submitted by David L. James (CL #92-30). (F:52.2) 4. Approved Final Parcel Map 26144 for Mercury Metal Die & Letter Company, subject to the City Engineer's acceptance as being true and correct; authorized the City Clerk to sign and arrange for recordation of the map and accepted the dedications for recordation with the final map. (F:110.2) PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 5. Approved Final Tract Maps 23988 and 23988-3 for 888 Development, subject to the City Engineer's acceptance as being true and correct; authorized the City Clerk to sign and arrange for recordation of the map and accepted the dedications for recordation with the final map. (F:160.2) 6. Approved Public Hearing Date of December 8, 1992, for the following: a. Consideration and Adoption of the proposed Water Efficient Landscape Ordinance. (F:95.1) b. Tentative Financial Parcel Map 27291 Revised - Long Beach Equities. (F:110.2) ITEM PULLED FROM CON3ENT CALENDAR 2. L E A F Animal Control Activitv xeporc - vccvAer, ~7tia. (F:18.2) Councilman Alongi commented that the statistics for turned in animals and euthanized animals continue to be reduced, and commended the Community for their efforts. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT. BUSINESS ITEM3 31. Warrant List - November 16, 1992. (F:12.3) Councilwoman Cherveny indicated that there were no items of consequence over $50,000 on this warrant list. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 32. Business License - Rosemary Kobayashi (Mobile Ice Cream Truck . (F:34.1) City Manager Molendyk explained this item. Mayor Pro Tem,Dominguez questioned the application for this license and indicated that he saw nothing with regard to hours and areas in which the applicant would be allowed to operate. Administrative Services Director Boone advised that staff would recommend the same hours and location limitations as have been previously approved, including prohibition from sales on the main arterial streets and at schools and parks. Councilwoman Cherveny questioned how these restrictions could be formalized. Mr. Boone explained the limitations further. Councilwoman Cherveny inquired whether the Health Department certifications had been obtained. Mr. Boone explained that this would be necessary before the license is issued. Councilman Alonqi questioned the limitation on sales in school zones. Mr. Boone explained that this was due to PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 the conges~ion that already exists in school zones. Mr. Boone further explained that the vendors have not questioned this in the past. Mr. Alongi questioned the limitation on sales in the area of parks. City Manager Molendyk explained t~at there are existing concession agreements and in some cases the youth sports groups use this type of sales as fund raisers. Councilman Alongi questioned the potential for a reduced license fee based on the reduction in sales areas. Mr. Boone indicated that there was no reduction. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BUSINESS LICENSE REQUESTED BY ROSEMARY KOBAYASHI (MOBILE ICE CREAM TRUCK. 33. Award of Contract for Tree Trimminq and Tree Removal. (F:68.1) (X:32.4) City Manager Molendyk requested that this item be continued for two weeks. Councilman Alongi questioned this recommendation. City Manaqer Molendyk advised that staff would like to include this item in the budget discussion for December ist and return to the next Council meeting on December 8th. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO DECEMBER 8, 1992. 34. Award of Contract for Nuisance Abatement. (F:68.1)(X:32.4) City Manager Molendyk explained this item which applies to a number of small abatements and recommended acceptance of bids and award of contracts as noted in the staff report. MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO AWARD THE CONTRACTS AS FOLLOWS: PROPERTY Terra Cotta/Harrison Spring/Flint 324 Lookout Machado/Lincoln 3600 Nashland Riverside Drive Grand & Macy 207 Prospect Country Club Impressive Lawn & Lot Impressive Lawn &,Lot Greg Smith Impressive Lawn & Lot Greg Smith Greg Smith Environmental Control Greg Smith Greg Smith Mayor Pro Tem Dominguez questioned the bids and the suggested that the residents need to look out for their own contractors and he would rather they choose their own contractors. Mayor Washburn stressed the nuisance abatement and noticing process, but noted that staff needs to be sure the property owners are advised of their ability to secure contractors. Councilman Alongi noted that these are no longer at a PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 24~ 1992 point to rely Qn the property owners' decision. THE FOREGOING VOTE CARRIED BY UNANIMOUS VOTE. 35. 88-3. (F:22.3) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDERS 4 AND 5 FOR ADVANCE TANK & CONSTRUCTION COMPANY AS PRESENTED. 36. (F:162.2) City Manager Molendyk highlighted this item and explained the location. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT RESOLUTION NO. 92- 82. Councilman Alongi requested details on the configuration of signaqe and striping. Public Services Director Tecca showed a diagram of the intersection. Councilman Alongi questioned Lash Street and where the stop bar will be, explaining that he is concerned with the distance. Mr. Tecca indicated that he believed it to be adequate for sight distances. Councilman Alongi inquired whether there would be a dividinq line on Lash Street. Mr. Tecca indicated that he would assure that a dividing line is included. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 92-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS (LASH/MACHADO/SMITH). 37. Eastlake Proiect Memorandum of Understandina. (F:134.10) City Manager Molendyk requested that the Council take concurrent action with that taken by the Redevelopment Agency Board later this evening. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONCUR WITH THE REDEVELOPMENT AGENCY ACTION ON THIS ITEM. 38. Human Services Center Advisorv Committee Recommendations. (F:64.4) Community Services Director Watenpaugh explained this request by the Committee for increased City staff support for the programs. He further explained the original funding of this proqram and changes which have occurred. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO DENY THIS REQUEST FOR STAFF SUPPORT. 39. Grand Avenue and Machado Street Sound Reduction Wall. (F:80.1) PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Public Seryices Director Tecca explained that the intersection of Grand and Machado is a secondary highway and detailed the traffic circulation and how it is measured. Mr. Tecca then addressed the sound wall and explained the necessity to build correctly to prevent liability for the City and himself. He further explained that the subject wall is on private property and the City Attorney has advised that public funds cannot be spent to specifically enhance private property, however, this can be avoided by property owners taking action to dedicate the wall and several feet of their property on which the wall is standing to the City. He also explained the bid process and how it can be implemented and stated that staff's recommendation is to authorize staff to proceed with the project. City Clerk Kasad read the following letter from Christine Hyland to City Manager Molendyk and Public Services Director Tecca: Gentlemen: As you promised the Windover sound barrier fence is on the Agenda for the Council meeting on November 24. I took the time to pursue the contents of your report Mr. Tecca and it is my opinion it is nothing more than a bunch of bullshit. I simply cannot say it any plainer than by the word I expressed. First, I am going to quote from your first report. "Engineering has reviewed the design of the existing 1,350 foot wall. The foundation appears adequate to support a higher wall if the soils are stable." I also want to inject here that you had to go as far away as Placentia (where City Manager Molendyk lives and Escondido where the person in you office who did the study lives) which in my opinion is not too Kosher. The estimate was $40,000. Mrs. Yantorn in our tract obtained one for $15,236.00 which you might say is quite a spread. Secondly, it is my opinion there is something radically wroung in the way this City is run and/or managed. It appears the left hand doesn't know what the right hand is doing. There also seems to be studies upon studies costing this City millions of dollars. I have recently had the opportunity to read some reports and one of those reports indicates noise levels for all main arteries at CNEL of 60-65-70. Grand Avenue it indicated a noise level of 70 CNEL. This study took in Machado Street, Robb Road, Grand Avenue, Lincoln, Lakeshore, etc. Another report indicated with new commercial, residential, recreational and institutional that 20,900 vehicle trips will be made per day. Another report indicated there PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 ~will be a build up of traffic on Grand Avenue of 55,000 cars daily. Now your proposal to the Council is as follows: $900.00 to McLean & Schultz to prepare design details. Frankly, I presumed that had already been established by the two contractors you obtained bids from. Why - why more monies for more studies. Or is this to escalate the cost? $1,200.00 for staff's time. I do hope you charge the developers the fees you charge the tax payers. The audacity of you to even think of presenting this next item to the homeowners it is totally absurd. $4,000.00 to the Keith Companies to prepare a formal leqal dedication for the property owners to dedicate several feet of our property. All you need is permission to work on our property just to put up a few bricks not confiscate it. Also the wall was to go around Machado and that was included in the $15,237.00 bid trom a local contractor. To this I say bullshit - where did you come up with that - I assume while you head was buried in the sand. Furthermore, I am sick and tired of all these studies and uses of consulting firms. It is my opinion that the City of Lake Elsinore has made the Keith Companies millionaires; followed closely by BSI whose reports in my opinion are not always correct. Also, Ballew and Associations and now Robert Christian, etc. Possibly we should find some less expensive who could do just as good a job. It is also my opinion that had Mr. Art Nelson, developer been made to file an Environmental Impact Report, we might not be in this predicament. Noise and the devalue of our homes. However, favoritism plays strange ways. You have placed a lot of factions in your report that leads me to believe what you are saying is "lady" you aren't going to get that fence. ~ Well - you may be sure the battle will not be over - I may not win with the fence. It is my opinion you will be the losers. We have not spent three months getting recall petitions signed for nothing. Therefore, it is my opinion we just need one big vacuum to make a big clean sweep. What we need in this City is dedicated servants to the taxpay NOT the developers. PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 ~hris Hyland Susan Yantorn, 15171 Wavecrest Drive, expressed her opinion in regard to unnecessary studies and that she was under the impression that the wall was already City property. She further suggested that all walls be raised to eight feet when they face public streets. Ace Vallejos, 15111 Windover Court, stated his disapproval of the way the sound wall is being handled. He complained of the noise and the necessity for the eight foot wall. Mayor Washburn questioned the buildout date for the area. Mr. Tecca stated that expected buildout will be around the year 2015. Councilman Alongi stated that he was not trying to create liability for the City or the Director and that he does agree that the project should be handled right to protect the City. Councilman Winkler questioned that amount of sound that the an eight foot wall would control and stated that he did not see where it would reduce noise for the two story homes. Mr. Tecca explained that noise travels in a straight line and that this wall will cut down the noise from the street level, but might not from the trucks. He further stated that the wall would reduce the sound, but would not eliminate the sound. Councilman Alongi stated that the purpose of the wall is to reduce the noise not to eliminate the noise. He further stated that necessity for the City to address the lifestyles of the residents prior to placing the roadways and try to address the problems. Councilman Winkler he didn't feel that the wall would address the problems as the residents feel that it will. He questioned where the truck traffic travels. Mr. Tecca stated that Grand Avenue is a truck route and Machado is not, therefore the trucks are on Grand Avenue. He further explained intersections and their noise levels. Councilwoman Cherveny asked if it was possible to have the property owners dedicate the land to the City for the time that the work would take and then the City dedicate the land back to the property owner. City Attorney Harper stated that the land must be dedicated and that he did not see that as any problem. He explained that this would be for the purposes of the wall only and in essence would be an easement. Councilwoman Cherveny further questioned the recovery of funds for this wall from future developments which would impact that intersection. City Attorney Harper clarified that the City cannot exact fees from a Developer that do more than remedy what he does to increase the problem. This issue is that at this point the wall is felt to be needed and not at a future date. Mrs. Cherveny asked that if in the future a developer causes an impact on the wall, it be addressed in their E.I.R. Mayor Pro Tem Dominguez stated that he did not see the necessity for a sound wall. PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Mayor Washburn stated that he had a problem with spending taxpayers money on private property. He further explained that he understands the noise concern, but he has been out on the site and felt that the problem was not as bad as it has been presented by some people. Mr. Tecca stated that if the noise is increased by 12 decibels then the site does warrant a sound wall to be put in place. He further explained the difficulties of charging a future developer for an existing problem. Councilman Alongi explained that the intersections cited by Mr. Tecca that do not have noise walls already had knowledge of the streets prior to moving in and in this instance that was not the case. He further explained that the road was not there at the time of occupancy and therefore he feels that the City has some level of responsibility to the residents to address the sound problem. Councilman Winkler explained that an eight foot wall would reduce the sound somewhat but would not eliminate the noise and further questioned the need due to the growth within the City and the acceptable noise levels at other intersections. He further stated that if he were to receive a petition signed by every single owner he might reconsider this issue, but it would have to be every one. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO DENY THE REQUEST TO PROCEED WITH THE GRAND AVENUE AND MACHADO STREET SOUND WALL. 40. After School Drop-in Proaram. (F:64.2) City Manager Molendyk explained this item and detailed the schools to be involved in the program. He further explained that this program is not currently budqeted and suggested a pilot program for this budget year in that there was a savings on the two new sheriff officers. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE A PILOT PROGRAM OF THE AFTER SCHOOL DROP-IN PROGRAM. Mayor Washburn commented on the fact that this is not a currently budgeted program and questioned the participation and input by the schools. Councilman Alongi inquired what age group would be included. Community Services Director Watenpaugh advised that it would be the 8 to 16 year olds. Councilman Alongi questioned the ability to use redevelopment funds rather than general fund. Mayor Washburn commented that this is not a capital project and not appropriate to redevelopment funds. City Attorney Aarper concurred. Community Service Director Watenpaugh indicated that the schools are interested in the program, however time, space and costs have not been negotiated. He further indicated that a program of this type is currently in place at the Community Center. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Mayor Pro T~em Dominguez advised that he is in favor of this program. Mayor Washburn pointed out that it would require rebudgeting for this year. Mr. Dominguez clarified that there was a savings on the two new police officers which could be applied to this program. Mayor Washburn suggested that in that case possibly the Grand Avenue wall should be readdressed. He further suggested that there are not assurances presented from the schools and he did not see that proper research had been done. Councilwoman Cherveny addressed the preparation of this report and indicated that she would be inclined to approve this item with a condition requiring final school approvals and negotiations. She stressed the value of this program due to its impact on public safety and the tendency toward ganq problems. Mayor Washburn questioned the impact of this program on crime and delinquency. Councilwoman Cherveny indicated that it would provide a constructive alternative. Mayor Pro Tem Dominguez concurred with Councilwoman Cherveny, as he has seen the program work before. Councilman Alongi questioned the applicability of C.D.B.G. funds for this program. Community Services Director Watenpaugh indicated that there might be areas which could qualify, but stressed that this would require shifting funds from other programs. Councilman Alongi indicated that he would like to look at this next budget year. Councilman Winkler requested clarification of the motion. Councilwoman Cherveny indicated that it was for the 21 week Pilot Program, contingent upon school scheduling and approval. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 41. Second Readina - Ordinance No. 942 - Murdock Alberhill Ranch Specific Plan. (F:150.2) MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 942: ORDINANCE NO. 942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NUMBER 2 TO SPECIFIC PLAN 89-2 AND MAKING CERTAIN FINDINGS WITH RESPECT TAERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOD WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: ,COUNCILMEMBERS: NONE PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 42. Second Readina - Ordinance No. 943 - Murdock Alberhill Ranch Develobment Agreement. (F:68.1) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 943: ORDINANCE NO. 943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH MURDOCK ALBERHILL RANCH. UPON TAE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 43. Second Readina - Ordinance No. 946. (F:150.2) MOVED BY CAERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 946: ORDINANCE N0. 946 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 140 ACRES TO 120 ACRES OF R-R RURAL RESIDENTIAL AND 20 ACRES OF R-1 SINGLE-FAMILY RESIDENTIAL. THE SITE IS BOUNDED BY SCENIC CREST DRIVE TO THE NORTH, THE RAMSGATE SPECIFIC PLAN AREA TO THE WEST AND SOUTH AND THE TUSCANY HILLS SPECIFIC PLAN AREA TO THE EAST (ZONE CHANGE 92-2: HOMESTEAD LAND DEVELOPMENT (HUNSAKER)/ROBERT DYER/LINDA WYNN). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 44. Advertisement for Plannina Commission Applications. (F:60.2) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY IINANIMOUS VOTE TO AUTHORIZE THE CITY CLERK TO PROCEED WITH ADVERTISEMENT FOR APPLICATIONS BEGINNING IMMEDIATELY; WITH A DEADLINE OF DECEMBER 18, 1992. City Attorney Harper indicated that there was a need to add an item to this agenda concerning a vicious dog for which L.E.A.F. has noticed this meeting. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADD ITEM #45 CONCERNING A VICIOUS DOG AT 302 NORTH LANGSTAFF. PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 45. Determination of Vicious Dog - 302 North Lanastaff. (F:18.1) Willa Bagwell, representing L.E.A.F., detailed the incidences involving the Pit Bull Dog at 302 North Langstaff. She further detailed the conditions placed on the owner to be allowed to keep this animal at the above stated address. She indicated that those conditions have not been fulfilled. She further indicated that the owner is now homeless and the dog has been in care of the animal shelter for four or five weeks already, with only one contact from the owner through a friend who offered to pay for boarding. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO DECLARE THE DOG VICIOUS AND ORDER THAT IT BE DESTROYED. POBLIC COMMENT3 - NON-AGENDIZED ITEM3 Linda Sandoval, 15195 Joy Street #B, commented on her attendance at the last City Council meeting in support of Mr. kick Estes comments on crime problems. She expressed concern with the final action on the Murdock Alberhill Ranch development fees pertaining to police protection and fire services. She stressed the need to plan for the future safety of the community and commented on the increased problems since March of this year. Debra Kivitt & Vicki McKarg, residents of Apple Blossom Street, expressed concern with the recent prohibition of parking of trucks and explained that the difficulty for their husbands to find an adequate parking place and be able to come home to their families. They explained that their husbands are employed by companies out of the State and leaving their rigs at a truck stop an hour away would be considered abandonment of the trucks. Mayor Washburn referred them to Community Development Manager Shear for assistance. Councilman Winkler indicated that there might be space at the end of Terra Cotta on a temporary basis. Mr. Winkler further explained the problems with visibility being blocked on Lakeshore Drive. Peter Dawson, 18010 Grand, commented on the Lake and ihe ownership rights they have previously requested from the City. He stressed the need to protect the residents' rights prior to the transfer of the Lake from the State to the City. Chris Hyland, 15191 Wavecrest, addressed a brochure sent out by Mayor Washburn and statements that there had been half truths and lies presented to the public. She indicated that there is legal documentation for all statements. She further indicated that a warning letter was issued by the Fair Political Practices Commission. She commented on the cost factor of the recall election and indicated that the Mayor should resign and save that cost. CITY MANAGER COMMENTS City Manager Molendyk reminded the City Council of the upcoming workshop on December 1, 1992, at 3:00 p.m. at City Hall, with the topics to include a Budget review and Public Safety. City Manager Molendyk commented on the second meeting in December which will fall on the 22nd and requested Council comments on their preference for this meeting; being either hold the meeting on December 22nd or reschedule it for December 15th or 17th. PAGE FOURTEEN - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) November 26th Lunch at the Yes Center (St. Frances Church) from 11 a.m. to 1 p.m. Advised that they still need donations and volunteers toward this effort. 2) Sidewalks near the schools are currently underway. 3) Review of the Bird Tract and Joy Street with Councilman Winkler, possible solutions are being discussed. 4) Success of the United Way Telethon, they nearly reached their goal of $20,000. 5) On the motion to destroy the vicious pit bull dog, requested that Council consider an ordinance to prohibit pit bulls in City Limits. He stressed that they are bred to be aggressive. Mayor Pro Tem Dominguez commented on the following: 1) Upcoming Winter Wonderland at Gediman Park on December 4th from 4:45 p.m. to 9.p.m. 2) Upcoming Christmas Parade on December 5th at 10 a.m., with 79 entries, 1,759 participants. He advised that there is still a need for convertibles. Councilman Winkler commented on the following: 1) Comments of Linda Sandoval regarding Joy Street, and clarified the general fund police budgeting process. He explained sales tax revenues and qeneral fund revenue vs. development agreement fees. He stressed that the question with Murdock Alberhill Ranch was whether they could predict the future with regard to the needs of the Community. He further stressed that this does not prohibit use of the fees, only to keep them available for the areas needed at the time of the development. Councilwoman Cherveny commented on the following: 1) Snow prediction for the upcoming Winter Wonderland program. 2) Open House at the Senior Center following the Christmas Parade from 1 to 3 p.m. on December 5th. 3) New shops at the Outlet Center, with good traffic. Feels the center may meet its sales tax goals with the addition of the new shops. 4) Reminded Community of Thanksgiving meals at St. Frances Church and S.S. Burger Basket. 5) Golden Spectrum will be underwriting cost of bus fares for Senior Citizens during the month of December. PAGE FIFTEEN - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 6) Lake Street/Grand Avenue/RObb Road Street Name, has a decision been reached regarding name change and when wi11 the signals be functioninq. Public Services Director Tecca explained the difficulty in shifting traffic to finish the street. He indicated that traffic should be split in approximately one week. 7) Comments of Councilman Winkler, explaining that she did not intend to make the City Council look less concerned with public safety, however it is a major concern for her. She clarified her reasoning for wanting to earmark funds for the first year of the Murdock Alberhill Ranch development. 8) Wished the Community a happy Thanksgiving and happy family time. Mayor Washburn commented on the following: 1) Success of this year's United Way Telethon, during which just under $20,000 was collected. He expressed disappointment with the press coverage of this event. 2) Comments of Linda Sandoval and clarified further the budget and the problems with earmarking funds. He stressed that this decision was a Council decision, not a developer decision. 3) The upcoming Winter Wonderland program and thanked former Councilman Bill Starkey for his work in implementing the program. 4) Design Review Committee appointments including Ray Grage, Sonja Matthies, Planning Commissioners Don Neff and Pamela Brinley and Mayor Washburn. Mayor Pro Tem Dominguez and Councilman Alongi to serve as alternates. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO CONFIRM THE DESIGN REVIEW COMMITTEE APPOINTMENTS AS PRESENTED. THE CITY COUNCIL MEETING WAS RECESSED AT 9:30 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:33 P.M. CLOSED SE3SION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 11:34 P.M. TO DISCUSS PENDING LITIGATION WITA O.M.G., ADAMS ADVERTISING AND KUNZ. THE CITY COUNCIL MEETING WAS RECONVENED AT 12:05 A.M. NO ACTION TAKEN. A EST. ~~CI `KASAD~~ CLERK CITY OF LAKE ELSINORE MOVED BY DOMINGUEZ, SECONDED BY NKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CIT OUNCIL M TIN AT 12:06 A.M. ~ ~~/% ~~ GARY . WASHBURN, MAYOR CITC~F LAKE ELSINORE