HomeMy WebLinkAbout01-12-1999 City cCouncil MinutesMINUTES
_ TUESDAY, JANUARY 12,1999
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Pape at 7:04 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Boy Scout Troop 99, led by Leader Kerry
Clark.
INVOCATION
The Invocation was provided by Pastor Joe Rivera - Pressing On Faith Ministry.
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
ROLL CALL
PRESENT:
COUNCILMEMBERS:
ALONGI, BRINLEY,
KELLEY,PAPE
ABSENT
COUNCILMEMBERS:
METZE
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
Assistant City Attorney Mann, Administrative Services Director Boone,
Community Development Director Brady, Community Services Director
Sapp, Police Chief Walsh, CitFr F~ngineer O'Donnell and City Clerk Kasad.
PRESENTATIONS
a. Proclamation Titan Football Team - 1998 Sunkist Lea~ue Champions.
(F:122.1)
Mayor Pape called Coach Bob Burt forward for presentation and recognized
the efforts of the coaching staff, the team and Coach Burt. He noted the
outstanding efforts of the students on and off the field. Coach Burt detailed
the accomplishment and recognitions of his team members and expressed
pride in their efforts. Mayor Pape read and presented the Proclamation to
Coach Burt.
b. Proclamation - Rotar~Club - Su~port of Casa Ho~ar Orphana~e. (F:122.1)
Mayor Pape noted the efforts of the Lake Elsinore Rotary Club in assisting
the Casa Hogar Orphanage in Mexico. Dr. Don Bare presented a videotape
of the children and the facility and explained that this started as an effort to
improve the facility and has been expanded to a much more extensive
involvement. He thanked the people of Lake Elsinore for their
contributions. Mayor Pape read and presented the Proclamation to Rotary
PAGE TWO - CITY COUNCIL MINUTES - JANUARY 12,1999
,
; representatives Don Bare and Tom Thomas. Mr. Thomas thanked the
Council on behalf of the Rotary and noted that this is an effort of laughter
and tears. He noted the level of poverty just south of the barder and the
benefits of their efforts. He also noted the participation of Police Chief
Walsh in the program.
c. Proclamation - Cops for Kids Pro~ram. (F:122.1)
-
Willie Turner Simmons was not present for presentation.
, d. Proclamation - Cub Scout Pack 99 - Tree Decoratin Contest Winners
Walmart - Winterfest Contributions (F:122.1)
Mayor Pape noted the achievements of Cub Scout Pack 99 in the Tree
Decarating Contest during Winterfest. He explained that they were the first
place winners and noted that the children decarated the tree with pictures of
themselves. Pack Leader Kerry Clark indicated that the goals of Cub
Scouts include having fun and being active in their community. He thanked
Computer Dynamics for their provision of the tree and a place to decorate
the tree.
Mayor Pape noted the importance of adults like Mr. Burt and Mr. Clark who
are willing to work with children such as the Cub Scouts and the football
team.
Mayor Pape noted the Walmart's donation of snow for Winterfest and
introduced Store Manager Tracy O'Neal and Associate Mary Jo Jensen. He
read and presented the plaque to the Walmart representatives. Mr. ONeal
presented the Mayor with a check for $2,000 toward the Winterfest activity.
e. Presentation - Lake Operations and Sunwest Sports.
Representatives were not present for presentation.
SELECTION OF MAYOR/MAYOR PRO TEM (F:44.1)(X:44.2)
Mayor Pape opened nominations for Mayor.
, MOVED BY PAPE, SECONDED BY BRINLEY TO NOMINATE MAYOR
PRO TEM GE1vIE KELLEY FOR MAYOR.
Hearing no further nominations, nominations were closed.
THE FOREGOING MOTION CARRIED BY UNAlVIMOUS VOTE OF
THOSE PRESEN'I'.
Mayor Kelley assumed the chair and thanked the other Councilmembers for their
vote of confidence.
PAGE THREE - CITY COUNCIL MINUTES - JANUARY 12,1999
Mayor Kelley opened nominations for Mayor Pro Tem.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
~, I UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT COUNCILMAN
METZE AS MAYOR PRO TEM.
Mayor Kelley expressed her personal philosophy about City Council meetings and
indicated that the purpose of those meetings is to conduct City business, take input
and set policy. She indicated that meetings should not be a public forum for
personal attacks, political agendas or unprofessional conduct.
PUBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address the following items and deferred to those
discussions:
Item Nos. 7 & 38
CONSENT CALENDAR ITEMS
The following items were pulled from the Consent Calendar for further discussion
~ ~I and consideration:
Item Nos. 4, 6, 7 and 9.
MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY
UNAIVIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Joint City Council/Redevelopment Agency/Planning Commission
Study Session - November 17, 1998. (F:44.4)
b. Regular City Council Meeting - December 8, 1998. (F:44.4)
a Joint City Council/Redevelopment Agency/Planning Commission
Study Session - December 9, 1998. (F:44.4)
The following Minutes were received and ordered filed:
I~ I d. Planning Commission Meeting - December 16, 1998. (F:60.3)
e. Design Review Committee Meeting - December 16, 1998. (F:60.4)
2. The following Warrant Lists were ratified:
a. December 15, 1998.
b. December 30, 1998. (F:123)
PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 12,1999
3. Received and ordered filed the following Investment Reports:
a. October, 1998. -
b. November, 1998. (F:12.5) I
5. Received and ardered filed the Fiscal Year 1997-98 Annual Audit &
Financial Report. (F:24.1)
8. Approved Agreement for Household Hazardous Waste One-Day Collection
Event through Riverside County Environmental and authorized the City '
Manager to sign the final agreement as reviewed by the City Attorney.
(F:68.1)(X:1631)
10. Approved public hearing date of January 26, 1999 for the following:
a. Revision of the Surface Mining and Reclamation Act Ordinance.
(F:103.1)
BUSINESS ITEMS
31. 25`h Year Community Development Block Grant Allocation. (F:84.2)
City Manager Watenpaugh highlighted this item and the process for I i
approval. Community Services Director Sapp detailed the proposed _
allocations as follow:
Curb, Gutter & Sidewalk Replacement Program $100,000
Senior Center Services $ 50,000
HOPE - Food Program $ 3,565
Assistance League of Temecula (School Bell) $ 3,565
Structure Abatement & Violation Compliance $ 40,000
For a total of $197,130
City Manager Watenpaugh noted that a small increase over last year's
funding was proposed for HOPE and the Assistance League.
' Louise Ball, representing the Assistance League, thanked the Council for
their support of Operation School Bell and noted that they were able to
purchase a building in Temecula last year. She noted the hard work by 100
volunteers and stressed that they have no paid staf£ She indicated that they
will be increasing the number of children clothed from 7491ast year to
1,000 children this year. She noted that they served as a disaster center last
week following an apartment fire in Temecula. She advised that their
facility is located at 28720 Via Montezuma in Temecula and provided their
hours of operation.
Councilman Pape noted the previous study session and Council's direction
to staff, indicating that this proposal was based on that direction.
MOVED BY PAPE, SECONDED BY BRINLEY TO APPROVE THE
ALLOCATIONS AS PRESENTED.
PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 12,1999
Councilman Alongi questioned the County allocations for the Senior
Center. Community Services Director Sapp clarified the application for
County funds has been made, however it will not be confirmed before
I March. Councilman Alongi further questioned funding already approved.
~ Mr. Sapp reiterated that the request has been submitted, but the approval has
not yet been received. Councilman Alongi inquired if the approval would
be backed off from the $50,000 request if the Council funding is received.
Mr. Sapp indicated that part of this funding would cover the part time
position previously funded by the Office on Aging. Councilman Alongi
expressed concern with increasing funding for the Senior Center instead of
funding programs to assist other in the community. City Manager
Watenpaugh clarified that the additional $8,000 was being requested from
the County, but the City's budget would be the same as last year.
THE FOREGOING MOTION CARRiED BY UNANIMOUS VOTE OF
THOSE PRESENT.
32. Request for Su~ort of San Jacinto Wildlife Area. (F:78.1)
City Manager Watenpaugh noted the requested letter which involves
approximately 1,100 acres in the Mystic Lake area.
' I MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY
UNANIMOUS VOTE TO APPROVE TRANSMITTAL OF THE
REQUESTED LETTER OF SUPPORT AND DIRECTED STAFF TO
PREPARE AND TRANSMIT THE LETTER.
33. Request for Repeal of Booking Fees - Resolution No. 99-2.
(F:127.2)(X:140.1)
City Manager Watenpaugh noted the back-up material from the City of
Norco suggesting adoption of a resolution for the Board of Supervisors
requesting elimination of the booking fees with backfilling of the dollars
from the tobacco settlement. He noted that the City presently spends about
$14,000 a month on booking fees; and those dollars could be used on other
services for the community.
MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION
NO. 99-2.
RESOLUTION NO. 99-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, URGING RIVERSIDE COUNTY
SUPERVISORS TO REPEAL THE IMPOSITION OF BOOKING
FEES ON COUNTY CITIES.
34. Request from De~artment of Veterans' Services. (F:168.1)
_ _ _,
City Manager Watenpaugh highlighted the letter of request from the
PAGE SIX - CITY COiTNCIL MINUTES - JANUARY 12,1999
Department of Veteran's Services. He explained that this effort is to
recognize Medal of Honor recipients in the County of Riverside. He noted
the list of recipients and advised that none of the living or dead recipients is
from Lake Elsinore, however there is an effort to name streets after these
individuals.
Councilwoman Brinley requested clarification that neither living or dead
recipients are from Lake Elsinore. City Manager Watenpaugh confirmed.
MOVED BY PAPE THAT DEVELOPERS BE MADE AWARE OF THIS
LISTING FOR CONSIDERATION IN NAMING STREETS WITHIN
THEIR FUTURE PROJECTS.
Councilman Alongi requested the Sheriff s Officers and Firemen killed in
the line of duty in Lake Elsinore be included on the list which is provided to
developers.
THE MOTION WAS AMENDED AS REQUESTED WITH THE CONSENT
OF THE MAKER - SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT.
35. Commercial Project No. 98-3. and Neg;ative Declaration No 98-10 far
Service Station, Car Wash and Mini-Mart located at 200 West Graham -
APN 374-261-002 (Historic Elsinore~. (F:58.2)
Community Development Director Brady provided an overview of the
proposed project and noted that it received Planning Commission approval.
He detailed the location, the proposed expansion of the site and the
proposed improvements. He presented the e~chibit, identified the residential
units which will be removed and detailed the new configuration of the site.
He detailed the access points for the site and noted that the gasoline storage
tanks are currently being replaced. He noted that the applicant was present
to respond to questions.
Dan Uhlry, 150 E. Lakeshore Drive #80, noted that he is a long time
resident and thrilled to see this project removing the blighted houses on
Spring Street. He noted other improvements occurring in the area, and
stressed the benefit of another mini-mart downtown. He indicated that this
appeared to be an A-1 project which the Council should pursue.
Councilman Alongi questioned the Variance allowed on the south side
where the car wash is. Mr. Brady clarified the Variance and noted that an
increased wall height or taller trees would be required for additional
screening. Councilman Alongi inquired whether the south wall would be a
block wall. Mr. Brady confirmed. Mr. Alongi queitioned the handicapped
parking at this location and expressed concern that it only allows for
disembarking on the right side, but most handicapped people e~t on the
left. He stressed the need far exit areas on both sides to allow better access.
Mr. Brady offered to look at the plan and make adjustments if possible.
PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 12, 1999
Councilman Alongi reiterated his handicapped parking concern, but noted
the rest of the project is great and he is happy to see it happening. He noted
that he does not quite agree with tearing down homes, but that is the choice
' of the property owner.
Councilwoman Brinley questioned the operation hours for the business.
Mr. Brady indicated that they would be open from 5 a.m. to 11 p.m.
Councilwoman Brinley inquired whether the hours would be the same for
the car wash. Mr. Brady confirmed, but noted that this is a conditional use,
which could come back for reconsideration if there is a problem.
Councilman Alongi questioned the conditions of approval for sales of
alcoholic beverages; noting a prior comment by Mrs. Brinley. Mr. Brady
indicated that they would be approved for beer and wine sales.
Councilwoman Brinley indicated that those comments were addressed by
Condition No. 10.
Mayor Kelley indicated that this project would be quite an improvement for
the area and will remove the blighted houses in that area.
MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT NEGATIVE
DECLARATION NO. 98-10, AND APPROVE COMMERCIAL PROEJCT
NO. 98-3, BASED ON THE FOLLOWING FINDINGS, EXHIBITS "A"
THRU "G", AND SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL:
FindinEs
1. Subject to the attached Conditions of Approval and the Findings of
Negative Declaration No. 98-10, the proposed project is not anticipated to
result in any significant environmental impacts.
2. The project, on its own merit and within the context of its setting and as
proposed and conditioned, complies with the Goals, Objectives and Policies
of the General Plan, and the Zoning District in which it will be located.
3. ~'hat the requested use, as proposed will not be detrimental to the general
health, safety, morals, and welfare of the persons residing in the
neighboring area of the City.
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning
Code, including guarantees and evidence of compliance with conditions,
have been incorporated into the approval of the subject project to ensure
development to ensure development of the property in accordance with the
Objectives of Chapter 17.82.
5. Adequate conditions and safeguards pursuant to Section 17.82.050 have
been incorparated in the approval of the variance to insure development of
,M.
PAGE EIGHT - CITY COUNCIL MINUTES -,BANUARY 12,1999
6. the property in accord with the objectives of the General Plan and the
purpose of the planning district in which the site is located.
~
7. Special circumstances exist pursuant to the purpose of Chapter 17.76,
applicable to the subject property which do not apply generally to other
properties in the neighborhood. Therefore, granting of this variance shali
not constitute a granting of special privilege, inconsistent with the
limitations other properties in the vicinity and district, in which the subject
property is located.
8. Approving the variance from the strict interpretation of the Zoning
Ordinance represents a minor deviation from the Code necessary to fulfill
' the purpose of this Chapter and enable reasonable development of the
property.
PLANNING DIVISION CONDITIONS
l. Design Review approval for Commercial Project No. 98-3, and Conditional
Use Permit No. 98-4, Variance No. 98-3 will lapse and be void unless
building permits are issued within one (1) year of City Council approval.
An extension of time, up to one (1) year per extension, may be granted by
, the Community Development Director prior to the eapiration of the initial
approval. The applicant shall submit a request for an extension of time one
(1) month prior to the expiration date.
2. These Conditions of Approval shall be reproduced upon Page One of
Building Plans prior to their acceptance by the Division of Building and
Safety.
3. Applicant shall meet all Conditions of Approval prior to the issuance of a
Certificate of Occupancy and release of utilities.
4. All site improvements shall be constructed as indicated on the approved site
plan and elevations. Revisions to approved site plans or building elevations
shall be subject to the approval of the Community Development Director or
designee. All plans submitted for Building Division Plan Check shall
conform with the submitted plans or as modified by Conditions of
Approval, or the Planning Commission through subsequent action.
5. Prior to issuance of building permits, the applicant shall sign and complete
an "Acknowledgment of Conditions" and shall return the executed original
to the Community Development Division far inclusion in the case records.
6. The approval for the sale of alcohol shall be limited to the sale of beer and
wine only. No general (distilled) alcoholic beverage sales.
7. No beer or wine shall be displayed within five (5') feet of the cash register
or the front door unless it is a permanent affixed cooler.
__ _ _ _ _ _
PAGE NINE - CITY COUNCIL MINUTES - JANUARY 12,1999
8. No advertisement of alcohol beverages shall be displayed at motor fuel
islands.
9. No self illuminated advertising for beer or wine shall be located on
buildings and windows.
10. All employees selling alcohol shall be at lease 21 years of age. This
restriction applies twenty-four hours a day, seven days a weelc.
11. Window area can not be obscured with posters and advertising to the point
that police patrols will not be able to see into the mini-mart.
12. Materials and colors depicted on the elevations shall be used unless
modified by the applicant and approved by the Community Development
Directar or designee.
13. Applicant is to meet all applicable City Codes and Ordinances including
State handicap requirements.
14. Meet all Riverside County Health Departtnent requirements.
15. Meet all Riverside County Fire Department requirements.
16. A six foot (6') high decorative block wall shall be constructed along the
southerly property line separating the commercial use from the residential
use.
17. The monument sign shall be placed a minimum of five feet (5') from the
property line.
18. No outdoor storage shall be allowed.
19. Trash enclosures shall be constructed as illustrated on the approved site plan
and per City standards as approved by the Community Development
Director or designee, prior to issuance of Certificate of Occupancy.
20. All roof ladders and electrical panels shall be located within the interior of
the building or in specially designed areas concealed from public right-of-
way view.
, 21. Applicant shall use roofing materials with Class "A" fire rating.
22. All roof mounted or ground support air conditioning units or other
mechanical equipment incidental to development shall be architecturally
screened so that they are not visible from neighboring property, public
streets.
23. All e~rterior down-spouts shall be constructed within the interior of the
building or concealed from public right-of-way view.
PAGE TEN - CITY COUNCIL MINUTES - JANUARY 12,1999
24. The final landscaping/irrigation plan (three sets) are to be reviewed and
approved by the City's Landscape Architect Consultant and the Community
Development Director or designee, prior to issuance of building permit. A
Landscape Plan Check Fee and Inspection Fee shall be charged prior to
final landscape approval based on the Consultant's fee schedule.
a) All planting areas shall have permanent and automatic sprinlcler
system with 100% plant and grass coverage using a combination of
drip and conventional irrigation methods.
b) Applicant shall plant street trees, selected from the City's Street Tree
List, a m~imum of thirty feet (30) apart and at least twenty-four-inch
(24") box size where appropriate. On areas where screening is
necessary, more specifically along the southwesterly property line,
trees shall be at least thirty six-inch (36") box size. Location and size
of trees is subject to the Community Development Director or
designee's approval. (Added per Planning Commission)
c> All planting areas shall be separated from paved areas with a six inch
(6") high and six inch (6") wide concrete curb.
d) Planting within fifteen feet (15') of ingress/egress points shall be no
higher than thirty-six inches (36").
e) Landscape planters shall be planted with an appropriate parlcing lot
shade tree to provide for 50% parking lot shading in fifteen (15)
years.
fl Any transformers and mechanical or electrical equipment shall be
indicated on landscape plan and screened as part of the landscaping
plan.
g) The landscape plan shall provide for ground cover, shrubs, and trees
and meet all requirements of the City's adopted Landscape
Guidelines. Special attention to the use of Xeriscape or drought
resistant plantings with combination drip irrigation system to be used
to prevent excessive watering.
h) All landscape improvements shall be bonded 120% Faithful
Performance Bond, and released at completion of installation of
landscape requirements approval/acceptance; 20% may be refunded
after acceptance and 100% will be held for one year for material and
labor.
i) All landscaping and irrigation shall be installed within affected
portion of any phase at the time a Certificate of Occupancy is
requested for any building. All planting areas shall include plantings
in the Xeriscape concept, drought tolerant grasses and plants.
j) Final landscape plan must be consistent with approved site plan.
PAGE ELEVEN - CITY COUNCIL NIIN ITTES - JANUARY 12,1999
k) Final landscape plans to include planting and irrigation details.
25. All exterior on-site lighting shall be shielded and directed on-site so as not
to create glare onto neighboring property and streets or allow illumination
above the horizontal plane of the fixture.
26. The project shall connect to sewer and meet all requirements of the Elsinore
Valley Municipal Water District (EVMWD). Applicant shall submit water
and sewer plans to the EVWNID and shall incorporate all district conditions
and standards. All loading zones shall be clearly marlced with yellow
striping and shall meet City Standards for loading zones.
27. Planning Division shall approve any trailers utilized during construction.
Appropriate bonds shall be posted to insure removal of trailers when
development is complete.
28. The applicant shall submit a graffiti removal program. This program shall
include methods for immediate graffiti removal and shall be subject to the
approval of the Community Development Director or designee.
29. On-site surface drainage shall not cross sidewalks.
30. Parking stalls shall be double-striped with four-inches (4") lines two-feet
(2') apart.
31. Decorative pavement shall be provided at the entrance of the driveways on
Graham Avenue and Spring Street to the satisfaction of the Community
Development Director or designee.
ENGINEERING DIVISION CONDITIONS
32. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to building permit.
33. Dedicate underground water rights to the City (LEMC 16.52.030). The
document can be obtained from the Engineering Division.
34. Dedicate a 10 ft. wide strip of additional street right-of-way along the
northerly property line to the City prior to issuance of building permit.
35. Dedicate additional right-of-way for a standard corner cutbaclc for the future
curb return at the easterly corner of the lot.
36. Public right-of-way dedications shall be prepared by the applicant ar his
agent. Deeds shall be submitted to the Engineering Division for review and
approval prior to issuance of building permit.
37. Process and meet all parcel merger requirements prior to issuance to
PAGE TWELVE - CITY COUNCIL MINLTTES - JANUARY 12,1999
building permit, if necessary.
38. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-
26).
39. Submit a"Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have
been made for this project. Submit this letter prior to applying for a
building permit.
40. Construct all public works improvements per approved street plans (LEMC
Title 12). Plans must be approved and signed by the City Engineer prior to
issuance of building permit (LEMC 16.34).
41. Street improvement plans and specifications shall be prepared by a Calif.
Registered Civil Engineer. Improvements shall be designed and constructed
to Riverside County Road Department Standards, latest edition, and City
Codes (LEMC 12.04 and 16.34).
42. Pay all fees and meet requirements of an encroachment permit issued by the
Engineering Division for construction of off-site public works
improvements (LEMC12.08, Res.83-78). All fees and requirements for an
encroachment permit shall be fulfilled before Certificate of Occupancy.
43. All compaction reports, grade certifications, monument certifications (with
tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the
Engineering Division before final inspection of off-site improvements will
be scheduled and approved.
44. Precise grading plans shall be prepared by a Cali£ Registered Civil
Engineer and approved prior to grading permit issuance. Prior to any
grading, the applicant shall obtain a grading permit and post appropriate
security.
45. Provide street lighting, show lighting improvements on street improvement
plans, as required by the City Engineer.
46. On-site drainage shall be conveyed to a public facility or accepted by
adjacent property owners by a letter of drainage acceptance or conveyed to
a drainage easement. On-site drainage shall not traverse through the fueling
island. Catch basins on site shall be constructed with devices (fossil filters)
to prevent pollutants from the car wash and fueling operations from
draining offsite.
47. All natural drainage traversing the site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City
Engineer.
48. Contribute $2475 for the design and construction of one-half of a raised
PAGE THIRTEEN - CITY COUNCIL MINUTES - JANUARY 12,1999
median along the frontage of Graham Street.
36. Industrial Project No. 98-3, Warehouse and Mini-Stora~e Facility at APN
377-151-058. (F:86.2)
City Manager Watenpaugh noted that this is the "Banana Boat" project.
Community Development Director Brady noted that this is a combination
project of warehouse facilities for Banana Boat and a mini-storage facility
with about 504 storage units. He explained that the project will be a tilt-up
industrial building on about 9-1/2 acres of property. He further explained
that it will include recreational vehicle storage. He detailed the location of
the site and the configuration of the proposed facilities. He noted that there
will be a nine foot wall to screen the recreational vehicle storage. He noted
the location of a proposed water fountain feature to be provided by the
applicant. He further noted the requirement that the applicant provide
portions of street improvements on the surrounding streets. He indicated
that all of the proposed landscaping and parking meets or exceeds the
requirements of the Municipal Code. He advised that the applicant was
present to respond to questions.
Councilman Alongi noted that the handicapped parlcing on this proj ect is
what he would like to see as a uniform design for the city, as it allows for
access on either side.
Councilwoman Brinley indicated that she likes the overall concept, but
suggested that the bonding requirements in condition #22, should be
increased from one year to two years. She noted other problem areas for
landscaping in the community and stressed the need for an extended period.
Councilman Pape indicated that he is excited to see the project in town, as it
was announced in last year's State of the City address. He commented that
the nine foot wall would be good for screening.
MOVED BY PAPE, SECONDED BY BRINLEY TO APPROVE
INDUSTRIAL PROJECT 98-3, ADOPT NEGATIVE DECLARATION NO.
98-7 BASED ON THE FOLLOWING FINDINGS, EXHIBITS "A"
THROUGH "G", AND SUBJECT TO THE FOLLOWING CONDITIONS
OF APPROVAL, WITH CONDITION 22.h. MODIFIED TO READ "TWO
(2) YEARS", INSTEAD OF "ONE (1) YEAR".
Councilman Alongi noted condition no. 45 regarding the traffic light and
expressed concern that the area is getting backed up during rush hours. He
suggested that the City look at funding the traffic signal in the near future
with developers repaying the costs as they build.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT.
PAGE FOURTEEN - CITY COUNCIL MINUTES - JANUARY 12,1999
Findines
1. Subject to the attached Conditions of Approval the proposed project is not
anticipated to result in any significant adverse environmental impacts.
2. The project as proposed complies with the Goals, Objectives and Policies of
the General Plan, and the Zoning District in which it is located.
3. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning
Code, including guarantees and evidence of compliance with conditions,
have been incorporated into the approval of the subject project to ensure
development of the property in accordance with the Objectives of Chapter
17.82.
PLANrTING DIVISION
1. Design Review approval for Industrial Project No. 98-3 will lapse and be
void unless building permits are issued within one (1) year of City Council
approval. An extension of time, up to one (1) year per eatension, may be
granted by the Community Development Director prior to the expiration of
the initial Design Review approval upon application by the developer one
(1) month prior to expiration.
2. Conditions of approval shall be reproduced on page one of building plans
prior to their acceptance by the Building Division. All Conditions of
Approval shall be met prior to the issuance of a Certificate of Occupancy
and release of utilities.
3. All site improvements approved with this request shall be constructed as
indicated on the approved site plan and elevations. Revisions to approved
site plans or building elevations shall be subject to the review of the
Community Development Director. All plans submitted for Building
Division Plan Check shall conform to the submitted pians as modified by
Conditions of Approval, or the Planning Commission/City Council through
subsequent action.
4. All roof mounted or ground support air conditioning units or other
mechanical equipment incidental to development shall be architecturally
screened or shielded by landscaping so that they are not visible from
neighboring property or public streets. Any roof mounted central swamp
coolers shall also be screened, and the Community Development Director,
prior to issuance of building permit shall approve screening plan.
5. Applicant shall comply with the requirements of the Elsinore Valley
Municipal Water District. Proof shall be presented to the Chief Building
Official prior to issuance of building permits and final approval.
6. All e~erior on-site lighting shall be shielded and directed on-site so as not to
create glare onto neighboring property and streets or allow illumination
PAGE FIFTEEN - CITY COiTNCIL MINUTES - JANUARY 12,1999
above the horizontal plane of the fixture. The light fixture proposed is to
match the architecture of the building.
7. All loading zones shall be clearly marked with yellow striping and shall
meet City Standards for loading zones. This project shall be designed so
that every unit is provided with a 12' x 20' (twelve-foot by twenty-foot)
loading space as required by the City Municipal Code.
8. The Planning Division shall approve construction trailers utilized during
construction.
9. All exterior downspouts shall be painted to match the building color.
10. Materials and colors depicted on the materials board shall be used unless
modified by the Community Development Director or designee.
11. Prior to issuance of building permits, applicant shall provide assurance that
all required fees to the Lake Elsinore Unified School District have been paid.
12. Prior to issuance of building permits, applicant shall provide assurance that
all requirements and Conditions of Approval of the Riverside County Fire
Department have been met.
13. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in
effect at time of building permit issuance.
14. The Community Development Director or designee shall approve any
signage in compliance with the Zoning Code.
15. Prior to issuance of building permits, applicant shall provide a soils report
for approval by the Engineering Division.
16. All outdoor starage yards shall be permitted only in conjunction with and as
an integral aspect of a permitted use and shall not be primary use of the
' property.
17. All storage yards shall be enclosed on all sides with a screen wall a
minimum of six (6') feet in height as measured from the highest grade
elevation wither side of the screen. The screen shall be a decorative solid
masonry wall.
' 18. No materials shall be stored higher than the required screening.
19. Storage areas shall no encroach upon parking, landscaping, drive aisles,
required truck loading areas or required yard areas.
20. No storage of scrap, waste, or other materials not utilized in the production
process permitted.
~
PAGE SIXTEEN - CITY COUNCIL MINUTES - JANUARY 12,1999
21. No sale of scrap, waste, automobile parts such as a wrecking and/or yunlc
yard shall be permitted.
22. The final landscaping/irrigation plan is to be reviewed and approved by the
City's Landscape Architect Consultant and the Community Development
Director or Designee, prior to issuance of building permit. A Landscape
Plan Check Fee will be charged prior to final landscape approval based on
the Consultant's fee plus forty percent (40%).
a) All planting areas shall have permanent and automatic sprinkler
system with 100% plant and grass coverage using a combination of
drip and conventional irrigation methods.
b) Applicant shall plant street trees, selected from the City's Street Tree
List, a maximum of forty feet (40) apart and at least twenty-four-inch
(24") box in size.
c) All planting areas shall be separated from paved areas with a six inch
(6") high and six inch (6") wide concrete curb.
d) Planting within fifteen feet (15') of ingress/egress points shall be no
higher than thirty-six inches (36").
e) Landscape planters shall be planted with an appropriate parking lot
shade tree to provide for 50% parking lot shading in fifteen (15)
years.
fl Any transformers and mechanical or electrical equipment shall be
indicated on landscape plan and screened as part of the landscaping
plan.
g) The landscape plan shall provide for ground cover, shrubs, and trees
and meet all requirements of the City's adopted Landscape
Guidelines. Special attention to the use of Xeriscape or drought
resistant plantings with combination drip irrigation system to be used
to prevent excessive watering.
h) All landscape improvements shall be bonded 120% Faithful
Performance Bond, and released at completion of installation of
landscape requirements approval/acceptance, and bond 100% for
material and labor for one (1) year.
i) All landscaping and irrigation shall be installed within affected
portion of any phase at the time a Certificate of Occupancy is
requested for any building. All planting areas shall include plantings
in the Xeriscape concept, drought tolerant grasses and plants.
j) Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to include planting and irrigation details.
PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 12, 1999
23. The RV storage area shall maintain a 45'-0" (55'-0" from any property line)
visual setback from any buildings along Pasadena and Crane Street.
ENGINEERING DIVISION
24. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to building permit.
25. Dedicate underground water rights to the City (LEMC 16.52.030). The
document can be obtained from the Engineering Division.
26. Dedicate sufficient street right-of-way along the frontage of Central Ave. to
provide for a 100 ft. R\W (50 ft. half section). Dedicate sufficient street
right-of-way along the frontage of Pasadena Street to provide for a 90 ft.
R/W (45 ft. half section). Dedicate sufficient right-of-way along the frontage
of Crane Street to provide for a 60 ft. R/W (30 ft. half section).
27. Dedicate additional right-of-way for a standard corner cutback for the future
curb return at the southerly and easterly corners of the lot.
, 28. Public right-of-way dedications shall be prepared by the applicant or his
' agent. Deeds shall be submitted to the Engineering Division for review and
approval prior to issuance of building permit.
29. Pay all Capital Improvement and Plan Checlc fees (LEMC 1634, Res. 85-
26).
30. Submit a"Will Serve° letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have
been made for this project. Submit this letter prior to applying for a building
permit.
31. Construct all public worlcs improvements per approved street plans (LEMC
Title 12). Plans must be approved and signed by the City Engineer prior to
issuance of building permit (LEMC 1634).
32. Street improvement plans and specifications shall be prepared by a Civil
Engineer. Improvements shall be designed and constructed to Riverside
County Road Department Standards, latest edition, and City Codes (LEMC
~ 12.04 and 1634).
33. Construct street improvements on Central Avenue to match existing
improvements.
34. Half-street improvements will be required on perimeter Streets (Central
Avenue, Pasadena Street and Crane Street) plus an additional 12 foot paved
travel lane for two lanes of travel where necessary. There will be a minimum
paved roadway width of 32 feet for the above perimeter streets.
PAGE EIGHTEEN - CITY COUNCIL MINUTES - JANUARY 12,1999
35. The applicant shall furnish a signing and striping plan far Central Avenue,
Pasadena Street and Crane Street, subject to the approval of the City
Engineer.
~
36. Pay all fees and meet requirements of an encroachment permit issued by the
Engineering Division for construction of off-site public works improvements
(LEMC12.08, Res.83-78). All fees and requirements for an encroachment
permit shall be fulfilled before Certificate of Occupancy.
37. All compaction reports, grade certifications, monument certifications (with
tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the
Engineering Division before final inspection of off-site improvements will
be scheduled and approved.
38. If grading exceeds 50 cubic yards, grading plans shall be prepared by a
Calif. Registered Civil Engineer and approved priar to grading permit
' issuance. Prior to any grading, the applicant shall obtain a grading permit
and post appropriate security.
' 39. Provide street lighting, show lighting improvements on street improvement
plans, as required by the City Engineer.
40. On-site drainage shall be conveyed to a public facility or accepted by
adjacent property owners by a letter of drainage acceptance ar conveyed to a
, drainage easement.
41. All natural drainage traversing the site shali be conveyed through the site, or
shall be collected and conveyed by a method approved by the City Engineer.
Drainage facilities (energy dissipaters) will be required at the end of Crane
St. and Central Avenue for storm water runoff.
42. The buildings are in FEMA Flood Zone AE; the buildings finish floor
elevation must be constructed above 1262 ft.
43. The applicant to provide FEMA elevation certificates prior to certificate of
occupancies
44. Contribute $15,750 for the design and construction of one-half of a raised
landscaped median along the frontage of Central Avenue.
45. Developer shall contribute $3,000 toward the design and construction of a
traffic signal at Central Avenue and Collier Avenue. This development will
increase traffic at the intersection at least 2% and should contribute 2%
toward construction.
37. Proposed Permit - Metricom. Inc. (F:68.1)
Mayor Kelley noted that she pulled this item for additional information.
Community DevelopmenY Director Sapp noted that he met with the
PAGE 1~TINETEEN - CITY COiTNCIL MINUTES - JANUARY 12,1999
applicant and discussed Councilman Pape's request for six free units. He
advised that the applicant was present to discuss the permit. Mr. Sapp
noted a typographical error in the report regarding the City's potential
annual revenue, and indicated that it should be $25,000 if desired 5%
subscription rate is reached.
Richard Bartoccini, 214 Rennie Ave., Venice, CA, representing Metricom,
offered information on the wireless system. He showed the product which
is a wireless modem and can plug into a laptop computer and connect it to
the Internet. He explained that it works just like a regular computer modem,
but it does not require a telephone. He further explained that it is 2.5 to 5
times faster than a regular modem, it is more secure and economical at
about $30 per month, per subscriber. He presented the equipment which
will strap on to the armature of the street lights and are powered by the
street lights. He indicated that they already have permission from and a
contract with Southern California Edison for installation; but this is a
request for the ability to place them within the right-of-way and on City
owned light poles. He detailed the potential income to the City from the
system.
Councilwoman Brinley questioned the system and whether it will tie into
the City system and allow the City to capitalize as well. Community
Services Directar Sapp indicated that it would not tie in right now, but it
could possibly tie in later. Mr. Bartoccini indicated that marketing people
will come to the City to address the needs of the City and show potentially
beneficial services. He noted specific uses for building inspectors, fire
department and other potential uses for cities; but stressed it would be up to
the City at a future time. Mr. Bartoccini noted that there will be a 50%
discount to the City for subscription. Mrs. Brinley stressed her concerns
with being able to fit into the system. Mr. Bartoccini clarified that if the
need exists, there would be applications the City could use.
Councilman Alongi commented that no one will notice the equipment as
small as it is. He indicated that if the service will some day be available
and cost the City nothing, he has not problem with it.
MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE PERMIT
AGREEMEN'T WITH METRICOM, INC. AND AUTHOIZE THE CITY
MNAGER'I'O EXECUTE ALL DOCUMENTS NECESSARY TO
COMPLETE THE TRANSACTION.
38. Assessment District Refunding for Assessment District No. 86-1 (Northwest
Sewer Assessment District, - Citv Council Resolution No. 99-3. (F:22.3)
City Manager Watenpaugh noted the material based on restructuring of the
Community Facilities Districts, and introduced Don Hunt for clarification.
Don Hunt noted that the resolution is the first step in refunding the 86-1
district, which is part of the 1990 bond pool. He explained that if the
PAGE TWENTY - CITY COUNCIL MINUTES - JANUARY 12,1999
refunding is successful the City can take advantage of lower interest rates,
and the District financing could stand alone. He advised that this action
was requested by the trustee and endorsed by the bondholders; and is the
initial action which would authorize the assessment consultant to analyze
the district, prepare documents and return them for review by the Council.
Chris Hyland, 15191 Wavecrest Drive, noted an article in January 9`~', Press
Enterprise, and suggested that it was unbelieveable that when the State
Auditor's office noted questionable bond practices. She quoted the findings
of the State Auditor's Office and questioned why the City would use general
fund money to work this out. She quoted comments by Mayor Kelley in
the newspaper and questioned by why Council laid-off workers, but gave
huge raises to management employees. She detailed raises of the City
Manager and other Directors and questioned how many of the average
taxpayers get that sizeable a raise every year. She also quoted Thomas
Jefferson with regard to debt.
James Gray, resident of CFD 88-3, stressed that the Council should do the
right thing. He suggested that the refinancing efforts are nuts. He
expressed concern for the legacy left to the children of the community. He
stressed that he wants to leave his children something that is paid for. He
suggested that the Council quit pushing the debt further, do the right thing
and vote no. He further suggested that the Council force a study session or
delay before voting.
Councilman Pape clarified that the material presented is an opportunity to
refinance a loan at a much lower interest rate and save the City a
considerable amount of interest. He reiterated that this is part of an overall
strategy begun about a year and a half ago; and part of the step by step
process to get the City back on firm ground. He stressed the efforts to
balance revenue and expenses and bring back services and add new ones.
He commented that the way to do that is to cut costs and this will cut the
interest expenses, just like refinancing a home for a lower payment.
Councilwoman Brinley added that this is part of the financial paclcage put
together by Rod Gunn Associates and a requireinent of the trustee. She
stressed that this action will help to prevent the domino effect of each
District on each other. She further stressed that this action separates the
districts.
Councilman Alongi noted the references to refinancing of the home and
changing the interest rate, but stressed that the refinancing would start a
new 30 year loan. He requested an explanation of the refunding process on
the bonds. Bond Counsel Hunt clarified that there is no extension of the
maturity date on this item; it will be the same as the existing maturity date,
but the interest rate will be lowered. He further clarified if the transaction
does not produce a lower interest rate, the deal won't be finalized. He
explained that the new bonds would be issued at a lower interest rate and
the proceeds would be used to pay the old debt, with the bondholders
PAGE TWENTX-ONE - CITY COUNCIL MINUTES - JANUARY 12,1999
accepting a lower interest rate on their bonds. Councilman Alongi
questioned which agency would be issuing the bonds. Mr. Hunt indicated
that they would be issued by the Public Finance Authority. Mr. Alongi
clarified that the Council serves as the PFA. He concurred that this action
was a good move because the interest will be reduced. He stressed that the
PFA/City will have to back up the bonds in the case of default.
Mayor Kelley reiterated that this is by prior agreement with the trustee and
is a requirement of the workout plan.
MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION
N0. 99-3.
RESOLUTION NO. 99-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, DECLARING ITS INTENTION TO REFUND THE
OUTSTANDING BONDS OF ASSESSMENT DISTRICT NO. 86-1;
TO LEVY REASSESSMENTS AS THE SECURITY FOR THE
REFUNDING BONDS; TO CONTINUE THE LIEN OF THE
ORIGINAL A5SESSMENTS ON CERTAIN PARCEL5 OF
PROPERTY IN THE ASSESSMENT DISTRICT, AND TO EMPLOY
BOND COUNSEL, DISCLOSURE COUNSEL AND FINANCIAL
ADVISOR.
ITEMS PULLED FROM THE CONSENT CALENDAR
4. Approval of Demolition Bid far 260 N. Main Street. (F:32.4)
Councilman Alongi indicated that he pulled this item off the Consent
Calendar because they have been working on that property and been issued
a permit to work on it. Community Development Director Brady indicated
that staff has tried to meet with the property owner, but it is in foreclosure,
and there has been no effort to work with the City and there has been a fire.
He further indicated that the Bank has requested an extension, but this
action for use in the event the bank does not move forward on it.
Councilman Alongi indicated that the City is discriminatary with regard to
demolition of the property, noting that he has brought Glo-fire before the
City Manager and their building has been a disaster for over 20 years. He
further indicated that the building is dangerous to the people who work
there, but the City tears down houses. He also indicated that there is a hotel
which should be torn down. He reiterated that he has brought Glo-fire to
the attention of staff several times, there are poor conditions and no action
has been taken on them.
Councilwoman Brinley noted that she has discussed this item with the City
Manager and was told that there has been a long delay and the landlord is
doing nothing to address the problems. She stressed the efforts of staff to
PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JANUARY 12, 1999
work with property owners before taking this type of action. She requested
an update from Mr. Watenpaugh on the Glo-fire facility. City Manager
Watenpaugh concurred that Glo-fire has been discussed several times, staff
has toured the facility and met with the owners; and are presently reviewing
a proposal for the property. He indicated that staff is finalizing a letter
requiring the removal of the walls, and noted that the owner is following
through with the items and they are willing to work with the City.
Councilwoman Brinley stressed that it is going through the same process as
with other property owners, which generally leads to successful closure of
cases.
MOVED BY BRINLEY, SECONDED BY PAPE TO ACCEPT THE
LOWEST BID SUBMITTED BY VISION'S WEST IN THE AMOUNT OF
$14,200, SO THE CITY MAY PROCEED WITH THE ABATEMENT OF
260 N. MAIN STREET.
Councilman Alongi indicated that it generally doesn't take 15 or 20 years to
abate a property, and it is time to move on Glo-fire. He stressed that it is a
public nuisance which must be addressed. He noted that the RDA areas
were created for a reason and stressed the ability to create affordable
housing. He indicated that the City has a contract with the people of the
community which states that the RDA shall place each and every misplaced
tenant when they are displaced. He suggested if the City does not want to
comply with those rules, then the City should abolish the RDA areas. He
indicated that circumventing the rules is unfair, and this property could be
rehabilitated. He expressed concern with the vacant lots created by tearing
down buildings, and the impact of those vacant lots on the property taxes in
the area.
Mayor Kelley questioned how long this property has been in abatement.
Community Development Director Brady indicated that the property was
first listed in March, after notification by the Sheriff s department. Mayor
Kelley reiterated that this item has been in the process for most of a year,
identified by the Sheriffs department, ravaged by fire and the owners have
no interest in renovating the building. 5he suggested that such a building
becomes more of a nuisance to the general public when they area left
standing.
THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH
ALONGI VOTING NO AND METZE ABSENT.
6. Reprogramming of CDBG Funds - Mission Trail Street Improvement
Project. (F:84.2)(X:156.2)
--~
City Manager Watenpaugh summarized this request for reallocation of
funds and the detailed the improvements to be provided on Mission Trail,
noting that this was basically a housekeeping item.
Mayor Kelley noted that she and Councilman Pape met with Supervisor
PAGE TWENTY-THREE-CITY COUNCIL MINUTES-JANUARY 12,1999
Buster regarding the proposed enhancement of Mission Trail and stressed
that it was in need of repairs.
Councilman Pape noted that he has received comments from the public
which support improvement and widening of the road. He indicated that in
the discussion with Supervisor Buster, general agreement was reached far a
cooperative project.
Councilwoman Brinley concurred that the repairs have been needed for a
long time.
Mayor Kelley indicated that this was a good example of entities working
together.
Councilman Alongi indicated that the CDBG funds were ariginally pulled
to do additional parking for the boat launch, which took parking away from
Swick-Matich field. He suggested that this funding should go toward
purchasing lots and building a safe parking lot for the field. He commented
that the developer generally pays for right-of-way improvements at the time
of construction, but there is no proof that TMC will build on the 80 acres or
~-- -
in the floodplain. He indicated that if any street should be improved it
should be Lakeshore Drive. He expressed concern that there are no
businesses in this section of Mission Trail which are in the City. He
suggested that if Supervisor Buster wants to improve it, he should improve
it, as the City has no business or precedence far going into this area. He
stressed that the money would go a long way improving other City streets.
He further stressed that Swick-Matich does not have a parlcing lot,
particularly since the vacant lot will be talcen for the new Sheriff s Station.
He indicated that this action was doing an injustice to the kids in the
community and the funds should go elsewhere to benefit the City.
Mayor Kelley noted that this is a long needed proj ect which should be half
City and half County responsibility. She stressed the opportunity to partner
with the County to achieve a much needed repair. She concurred that
parking was needed for Swick-Matich, but indicated that staff will
investigate other options. She stressed that this was a great opportunity to
rehabilitate Mission Trial.
~
Councilwoman Brinley commented on the developer for that area and noted
that the timing of the project is presently uncertain. She stressed that both X
'I City and County residents use Mission Trail and it will benefit everyone.
Councilman Pape concurred with Councilwoman Brinley and noted the
positive impact this project would have on the Serenity Tract residents. He ~!
indicated that there are 18,000 trips a day on Mission Trail and this project
will benefit everyone.
MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY A
VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE
PAGE TWEN~Y-FOUR-CITY COUNCIL MINUTES-JANUARY 12,1999
AND METZE ABSENT TO REPROGRAM THE BALANCE OF THE
SWICK/MATICH EXPANSION PROJECT ($412,727) TOWARDS THE
~ MISSION TRAIL STREET IMPROVEMENT PROJECT AND DIRECTED
STAFF TO MEET WITH SUPERVISOR BUSTER TO BEGIN
'~ DEVELOPMENT OF A PAYBACK AGREEMENT.
7. 1999 Series A& Series B(Taxablel Tax Allocation Revenue Bonds -
Resolution No. 99-1. (F:126.5)
City Manager Watenpaugh provided an overview of the proposal, and
highlighted the documentation provided in the agenda paclcet.
Bond Counsel Don Hunt explained that the documents provided for
refunding of the Public Finance Authority, 1992 Series A, B and C bonds.
He explained that the tax increment generated on behalf of the Agency was
not as great as was anticipated in 1992. He noted that the City has
subsidized obligations for the last two fiscal years, but this action would
result in savings of $300,000 to $500,000 per year. He clarified that there is
no guarantee that this action will be finalized, but the team is currently
meeting to gain ratings and insurance for the bonds; but if authorized to
proceed they are hopeful that this issue could realize savings.
Dick Knapp, City Treasurer, congratulated Mayor Kelley on her
appointment as Mayor. He advised that since he was elected in 1995, he
has watched several bond issues go through the system, over 70 million
dollars worth. He indicated that he totally against this type of action, noted
the parties involved in the bond issuance and speculated with regard to the
percentages of the issuance each party would receive. He suggested that
this issuance will cost $1.8 to $2 million which could be used for road or
other improvements. He indicated that he hates to see good money going
after bad, as the City should resolve its probleins instead of extending the
period.
Chris Hyland, 15191 Wavecrest Drive, inquired how much savings there
will be, how much it will cost to acquire new bonds and how much the
insurance will cost. She questioned the total cost vs. what will be paid
now, and questioned what insurance will cost since these will probably be
junk bonds.
Mr. Hunt reiterated that according to Mr. Gunn's calculations, after all costs
of issuance, the annual interest cost savings would be between $300,000
and $500,000. City Manager Watenpaugh inquired whether junk bonds are
rated. Mr. Hunt indicated that these would not be junk bonds, noting that
federal tax law requires documentation that there will be a savings before
insurance can be acquired. He explained that if insurance is obtained the
bonds will receive either a single "A" or a triple "A" rating, noting that this
was a very favorable situation.
PAGE TWENTY-FIVE-CITY COUNCIL MINUTES-JANUARY 12,1999
James Gray, 15159 Mimosa Drive, added to his prior comments, and
suggested that if the City is truly taking advantage of the lower interest rate,
there should also be consideration of shortening the life of the loan to 15
years rather than e~ending it by ten years.
Mr. Hunt stressed that the savings from the bond issuance will be real
dollars and net savings.
MOVED BY BRINLEY, SECONDED BY PAPE TO ADOPT RESOLUTION
NO. 99-1.
Councilman Alongi addressed Mr. Hunt and suggested that it would be nice
if the Council had figures far discussion by the Board. He noted the
savings discussed and inquired whether this action would be extending the
funding another 10 years. Mr. Hunt confirxned. Mr. Alongi inquired at the
end of the ten year e~ension whether the savings will be in the form of
payment or actual profit. Mr. Hunt indicated that the savings would be in
the form of significantly reduced interest payments on the loan over each
year. Mr. Alongi inquired if based on the current life of the bond, with the
10 year extension, whether the City would still pay less overall. Mr. Hunt
confirmed. Mr. Alongi requested confirmation that at the end of the term
the City will have paid less than if it continued on the current traclt. Mr.
Hunt confirmed that there will be savings based on the present value. Mr.
Alongi inquired if this was all predicated on insuring the bonds. Mr. Hunt
clarified that it is possible to achieve all of the savings, even without
insurance, noting that there is currently a narrow spread between the bonds ,
rated or otherwise. He indicated that Mr. Gunn believes that the financing
will generate these savings even if the bonds are unrated. Mr. Hunt stressed
that there is no guarantee that the issuance can be completed, but the
refinancing will only proceed if savings can be achieved. Councilman
Alongi requested clarification of what this.action will achieve. Mr. Hunt
clarified that this consideration is for approval of the form of the documents
and approval for the City Manager to proceed with the refinancing if
positive results can be achieved. Councilman Alongi commented that it
would be great if savings can be achieved and expressed hopes that future
requests for consideration could show a comparison of the potential figures
with what currently e~sts. He indicated that Mr. Gunn has done a good job.
and he will support this action if it can be put together.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT.
8. Appropriation of Additional Park Funds for waterin~ of parks.
(F 30.1)(X:114.1)
Mayor Kelley noted that this is a housekeeping item. City Manager
Watenpaugh explained this item and noted the past authorization for
operating costs for the parks. He further explained that that this
authorization will be for another $5,000 per month for the summer months.
PAGE 1'WEN`d'Y-SdX-CI~'X COUNCIL MINUTES-JANUAR~' 12,1999
8. A~propriation of Additional Park Funds for watering of parks.
(F:30.1)(X:114.1)
Mayor Kelley noted that this is a housekeeping item. City Manager
Watenpaugh explained this item and noted the past authorization for
operating costs for the parks. He further explained that that this
authorization will be for another $5,000 per month for the summer months.
Mayor Kelley requested that City Manager Watenpaugh address recent
complaints about the parks. City Manager Watenpaugh indicated that the
50% operating budget did not include overseeding and the parks are not
being watered this month. He stressed that the parks have Bermuda grass,
which would be brown now anyway; however in the spring the parks will be
green again. He noted that the grass is also impacted by the recent cold
weather.
Councilman Alongi indicated that he pulled this item because it is coming
from the General Fund reserves. He suggested that it is a shame we don't
increase that amount to $30,000 or $45,000, stressing that this would be an
investment in the parks. He further suggested that a few thousand dollars
would have kept the parks watered and green all year; indicating that if this
approval is granted it would be appropriate to give the staff enough water to
keep the parks green all year long.
MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY
UNAlvIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE
APPROPRIATION FROM THE GENERAL FUND RESERVE INTO THE
PARKS OPERATION BUDGET IN THE SUM OF $15,000 FOR THE
WATERING OF PARKS.
THE CITY COUNCIL MEETING WAS RECESSED AT 8:57 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 9:03 P.M.
PUBLIC COMMEN`TS - NON-AGENDIZED ITEMS
Dan iJhlry, 150 E. Lakeshore, #80, noted that the traffic signal at Dexter/Central is
now operationaL He announced that the Elsinore Valley is now forming a
Sheriff s mounted posse and is looking for men and women to volunteer time and
energy to wark with local law enforcement, do search and recovery work,
participated in mounted patrol, parades and other activities. He stressed that
volunteers do not have to have a horse to participate. He indicated that interested
parties should contact Ted Hoffman or Gary Brown. He commented that the
mounted deputies in the local parking lots in recent months are volunteers from
the Hemet and Temecula posses.
Jason Marquez, 24 Del Santelo, spoke on behalf of the Tuscany Hills
Homeowners Association and thanked Councilman Pape and City Manager
Watenpaugh for their assistance with the traffic problems on Summerhill Drive.
He noted the efforts of law enforcement officers and traffic engineers to address
the traffic, retime the lights and curb the traffic congestion. He addressed former
PAGE TWENTY-SEVEN-CITY COUNCIL MINUTES-JANUARY 12,1999
his comments about being in tune with the persuasions of the people. She also
noted rampant rumors of the vacancies on the Council and suggested that she
should be appointed to any vacancy on the Council, as she was the next vote getter
in the last election. She noted the appointment of Councilman Metze to the City
Council and suggested that the public would see how much the Council listens to
the people of the community.
John Schreyer, resident of Lewis Street, indicated that his first issue was a
houselceeping item for Mr. Watenpaugh to handle; being the weed abatement
problem he is having. He indicated that assistance from the County has not
occurred; and he would like the matter resolved this week. He commented on
legal fixnds, and indicated that usually people do not get sued for doing right, but
get sued for doing wrong. He noted that a Councilman has faced nearly two years
of investigation out of his own pocket; and the past Mayor takes responsibility for
those actions. He noted a pending lawsuit against the City of Lalce Elsinore
which names Pape, Molendyk, Sapp and other poes and questioned who is paying
those legal bills. He suggested that if the City and community is paying those
bills, then Councilman Alongi should be entitled to payment of legal fees.
City Manager Watenpaugh clarified that the lawsuit is against the City, the RDA
and several specifically names staff people and 50 unnamed Does; and as long as a
claim is against something the entities or the employees have done, they will be
defended by the City, while a private matter would not be defended. Deputy City
Attorney Mann indicated that the State Labor Code mandates that the City defend
the officials and employees warking within the scope of their employment. He
indicated that the case mentioned by Mr. Schreyer is being handled by the City's
insurance representatives.
Dick Knapp, City Treasurer, complimented staff on the improvement of Mission
Trail, noting that it took four times to do it correctly. He indicated that for
$400,000, the City got its money's worth. He questioned why the bump at
Campbell and Railroad Canyon had not been fixed, noting that the top could just
be clipped off. He addressed comments on bond issues and indicated that he has
done a lot of research on these issues. He noted that the final costs are listed, but
the interest rate is not yet known. He questioned Mr. Hunt on the final interest
rate and indicated that he gets the bond statements for the State and the average
school bond is about 3.8 percent, but the City's is about 7%.
CITY MANAGER COMMENTS
City Manager Watenpaugh commented that because the Council was unable to
make the presentation to Sunwest Sports, it had missed an opportunity to
recognize and individual who has been instrumental in efforts on the Lake. He
suggested that future recognition could be given to Sgt. Paul Brinkman for his
efforts.
Mr. Watenpaugh congratulated the new City Council, Redevelopment Agency and
Public Finance Authority officers.
PAGE TWENTY-EIGHT-CITY COUNCIL MINUTES-JANUARY 12,1999
suggested that future recognition could be given to Sgt. Paul Brinkman for his
efforts.
~ Mr. Watenpaugh congratulated the new City Council, Redevelopment Agency and
Public Finance Authority officers.
CITY ATTORNEY COMMENTS
No Comments.
CITY COUNCIL COMMENTS
Councilwoman Brinley commented on the following:
1) Congratulated Temescal Canyon High School football team on their
successes and commended the Coach far his efforts. She also noted that
the parents are doing a good job; as are the parents of Cub Scout Pack 99,
noting that they sat politely and took their job very seriously.
2) Thanked the Chamber for their installation dinner and congratulated Donna
Niehouse on her presidency. She commended Tom Thomas and Larry
Regis on their efforts in building the relationship with the City.
3) Thanked the staff and volunteers for their efforts on Winterfest, and
commended the High School choirs on participation and thanked Walmart
for their contributions. She indicated that it was wonderful to see the
community come together to provide a good time for the community.
4) Congratulated Mrs. Kelley on her new position and wished her luclc.
Councilman Alongi commented on the following:
1) Indicated that he went through previous City of Lalce Elsinore financial
material in 1991, noting that the City was absolutely in the black, with
every bill paid. He further indicated that in 1991-1992 every bill was paid
and every park was taken care of; but from there the City went downhill
because of a few egos who wanted their names on a plaque.
2) Addressed a petition regarding Strickland Avenue and noted that it is in
deplorable condition. He stressed that it is used for access to the LEAF
facility and all the City does is throw a little stuff in the potholes.
3) Noted a letter to Mr. Doyle regarding the funds for the fire station.
4) Indicated that he doesn't know who Reporter Sheri Crawl is, but maybe she
has a problem. He questioned if the judge meets with her so she knows how
his case will come out.
5) Noted that the City of Perris is in trouble because they borrowed from other
PAGE TWENTY-NINE-CITY COiTNCIL MINUTES-JANUARY 12,1999
He stressed that is his trouble at the time and the Council is not his trouble.
7) Indicated that the City of Indian Wells is another area voting against low
income housing. He further indicated that Redevelopment Agencies were
developed and put together to remove blight in cities; and the people whose
property is mortgaged to allow for the bonds, are the same people the cities
are voting against. He indicated that it was no wonder an Assemblymn
was trying to kill RDAs in Sacramento.
8) Noted that his case was the number two story in the Press Enterprise.
9) Noted that the City of Lynwood voted to give themselves a$41,000 a year
raise, which this Council could do.
10) Addressed an article about Mayor Pape which indicated that this would be
Mr. Alongi's last meeting. He suggested that the writer of that article must
have meetings with the District Attorney and the Judge. He indicated that
he chose to take the Council position not because of $300 a month, but
because it is a job that needs to be done. He further indicated that he toolc
over a piece of property on Main Street and that piece of property's owner
could not sell it because it was in terrible condition; he worked on it for a
year and it has tripled what it was worth. He suggested that he could have
made the City big bucks with the RDA and it would not have the current
deficit.
11) Indicated that he did something he should not have done, but when someone
looses children, they do certain things. He advised that with regard to the
$30,000 he made on Granite Street, he took the money got another piece of
property and put another low income family in it and bought a piece of
property which was in foreclosure. He explained that they were foreclosing
on the Board of Realtors and he put four businesses in the building. He
stressed what he does with his money in Lake Elsinore and indicated that
the former Mayor is ignorant because he never reads the laws. He read a
portion of redevelopment agency law with regard to ownership or
acquisition of property in the area, and indicated that there is nothing
mentioned as a penalty for doing so. He clarified that the failure to disclose
is a violation, not the acquisition of the property.
12) Indicated that it makes no difference what happens on the 22°a, because he
is going to buy time on the local television. He further indicated that he is
not interested in the courts, Mr. Pape or the Armstrongs; he is interested in
the people who voted for him and he will hold court on that program in this
community. He commented that there was a claim that he filed no special
reports for the RDA on his property; but stressed that he filed hand written
reports which indicate his holdings and when they were acquired. He
indicated that he has talked to a lot of people in other cities and Mr. Pape is
the only one complaining. He noted that it was strange that the prior tape
recording never came up in court, but he has a copy. He indicated that he
will continue to fight, as he has a right to protect his name and his family.
PAGE THIRTY-CITY COUNCIL MINUTES-JANUARY 12,1999
reports for the RDA on his property; but stressed that he filed hand written
reports which indicate his holdings and when they were acquired. He
indicated that he has talked to a lot of people in other cities and Mr. Pape is
the only one complaining. He noted that it was strange that the prior tape
recording never came up in court, but he has a copy. He indicated that he
will continue to fight, as he has a right to protect his name and his family.He
further indicated that he is going to run for reelection regardless of what
they do. He commented that his offense is not a crime, there is no fine, no
jail sentence, no nothing.
13) Congratulated Mayor Kelley and indicated that he was looking forward to
sitting neat to her for quite a while. He noted that Mrs. Sostre is a
constituent and he holds no grudges or ill feelings; but Mayor Pape is the
only person in his life he has ever despised, indicating that he is an
"arrogant ass". He indicated that he is proud to be on the Council.
Mayor Kelley indicated that Mr. Alongi was out of order. Mr. Alongi refused to
cease.
MAYOR KELLEY
THE MEETING AT 9:30 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 9:40 P.M.
Councilman Pape commented on the following:
1) Notified the Council that he was out at Temescal Canyon over the weekend
and they are very happy with the new signal on Highway 74.
2) Noted the existing law and stressed that Councilman Alongi was convicted
on 14 counts of corruption in office. He further noted that 1VIr. Alongi was
saying everyone was wrong but him. He quoted the former Chairman of
Sears with regard to having a lot of money not meaning someone had a lot
of brains.
Mayor Kelley commented on the following:
1) Reiterated her belief with regard to the purpose of a City Council Meeting
and stressed that the meeting should not be used for personal attacks,
political agendas or unprofessionalism.
2) Commended the Chamber of Commerce on their installation dinner and
congratulated Mr. & Mrs. Hugh Walker on their recognition as Citizens of
the Year.
3) Thanked Cub Scout Pack 99 for their participation in this meeting.
4) Commented on the Cops for Kids effort and commended the participants.
5) Noted the upcoming Friends of the Library Book Sale/Fundraiser.
PAGE THIRTY-ONE-CITY COUNCIL MINUTES-JANUARY 12,1999
6) Thanked Mr. Pape for his leadership role over the last few years, and noted
an old English proverb regarding skills not being developed by sailing on a
smooth sea. She noted that Mr. Pape has had to use an incredible amount of
patience and persistence and thanked him for taking on the stress and
pressure of the position. She indicated that he has never taken the easier,
safer or faster way out. She advised that she would focus on the established
goals for community services and indicated that she would like to add youth
programs, focus on cleaning up blight and increasing volunteerism. She
also looked toward establishing partnerships with other agencies and
expressed hopes that the meetings can be run with common sense and
decorum.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9) - 1 Case.
Deputy City Attorney Mann requested adjournment to Closed Session for the
subject listed above.
THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED
SESSION AT 9:46 P.M. FOR DISCUSSION OF THE ABOVE LISTED
ITEM.
THE CITY COUNCIL MEETING RECONVENED AT 9:59 P.M. WITH
THE FOLLOWING ANNOUNCEMENT BY DEPUTY CITY ATTORNEY
MANN:
CITY COUNCIL DIRECTED LEGAL COUNSEL AND THE CITY
MANAGER TO CONTINUE NEGOTIATION OF A POTENTIAL
SETTLEMENT AND PROCEED ON THAT BASIS.
ADJOURNMENT
MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE
REGULAR CIYT COUNCIL MEETING AT 10:00 P.M.
~ ~~ ~~~
NIE KELLEY, MAY~IR
CITY OF LAKE ELSINORE
A ES .
c
AD, Y CLERK
CITY OF LAKE ELSINORE