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HomeMy WebLinkAbout04-11-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 11, 1995 -- ................................................................ CALL TO ORDER The Regular city council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Bender. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, city Planner LeSlie, Chief Building Official Russell, Community services Director Sapp, Public Services Dire~tor Tecca, Manager of Special Projects Watenpaugh and City Clerk Y.dsad. PRESENTATIONS/CEREMONIALS - A. Presentation - Lake Elsinore Chapter - American Association of Retired Persons. Louis Stark, President, Lake Elsinore Chapter of A.A.R.P., announced that they will be holding a Senior Day at the Ballpark, on April 30th for the 2: 05 p.m. game. Ha noted that this is a cooperative effort wi th the senior groups in Wildomar and Temecula. He f~rther noted that as seniors they also maintain their responsibility to assist yo'mg people where possible. Alice Hendershot further commented on the Senior Day and advised that the proceeds of the event will benefit the local Head Start program. She encouraged everyone to participate. Mr. Stark advise~ that information can be obtained through the Senior Center or the Community Center. He requested that the Council proclaim Senior Day at the Ballpark to help promote their effort. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the folloving items: - Item No. 23, 24 and 25. PAGE TWO - CITY COUNCIL MINUTES - APRIL 11, 1995 MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY A VOTE OP 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Councilman Alongi requested that the Consent Calendar be reopened to allow for discussion. MOVED BY BENDER, SECONDED BY ALONGI TO REOPEN DISCUSSION ON THE CONSENT CALENDAR. THE MOTION FAILED BY A VOTE OF 2 TO 3 WITH BRINLEY, PAPE AND WASHBURN CASTING THE DISSENTING VOTES. - 1. The following Minutes were approved: (F:44.4) a. Special City Council Meeting - March 24, 1995. The following Minutes were received and ordered filed: b. Planning Commission Meeting - March 15, 1995. (F: 60.3) c. Planning commission Study Session - March 15, 1995. d. Design Review Committee Meeting - March 15, 1995. (F:60.4) e. Special Design Review Committee Meeting - March 20, 1995. 2. Received and ordered filec the Building A~tivity Report for March, 1995 . (F : 32 . 2 ) 3. Received and ordered filed the Code Enforcement Activity Report for February/March, 1995. (F:54.1) 4. Received and ordered filed the Investment Report for February 28, 1995. (F:12.5) - 5. Ratified Warrant List for March 31, 1995. (F:12.3) 6. Rejected and referred to Cla:t'1l.s Administrator the Claim Against the city submitted on behalf of C.P. Construction, Inc. (CL #95-3)i and authorized city Clerk to send rejection letter. (F:52.2) 7. Approved Business License Application for Kumar Ice Cream to operate an ice cream truck within the City limits. The license covers one truck and one driver and is for sale of ice cream product only. The applicant will not sell in and around schools, but in residential neighborhoods between the hours of 11: 00 a.m. and 7: 00 p.m. The applicant will not stop on major collection streets, such as Machado, Graham, Riverside Drive, Lakeshore, etc. (Fi34.1) 8. Awarded Contract for Illinois Street Improvements and Yarborough Park Alley Improvements to Hillcrest Contracting, Inc. in the amount of $37,562.70. (F:114.8) 9. Adopted Resolution No. 95-21 relatinq to Desiqnation of PAGE THREE - CITY COUNCIL MINUTES - APRIL 11, 1995 10. Adopted Resolution No. 95-22 regarding Public Employees Retirement System (P.E.R.S.) procedures. (F:116.3) RESOLUTION NO. 95-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DELEGATING AUTHORITY FOR P.E.R.S. APPLICATIONS. ,-... 11. Adopted Resolution No. 95-23 Establishing Parking Prohibitions for Boat Trailers on Lakeshore Drive and other streets near the Boat Launching site. (F:112.1) RESOLUTION NO. 95-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 12. Approved the following Cost Recoveries for Abatement and authorized the placing of special lien against the annual tax bill through the Riverside County Tax Collectors Office: (F:32.4) a. 410 N. Langstaff - Marvin & Cheryl Wright - $559.20. b. 1160 Park Way - Manuel Leal - $1,834.20. c. 31942 Mission Trail -Misc. L.E. Partners - $622.32. d. 219 North Riley - 1st National Bank of Chicago - $1,184.20. - 13. Approved Final Tract Map 24490 for Cent ex Homes, accepted Dedications and authorized the City Clerk to sign the map and arrange for recordation. (F:160.2) 14. Accepted Notice of Completion for the Yarborough Park Adeition from the Hondo Company, Inc. and authorized recordation. (Fil14.8) 15. Accepted Notice of Completion for Slurry Sealing of Miscellaneous Streets and Parking Lots from California Pavement Maintenance Company, Inc. (Fi156.1) 16. Approved Public Hearing date of April 25, 1995, for Zone Code Amendment 95-1 initiated by the City of Lake Elsinore; relating to the Residential Agricultural Development Standards. (F:172.2) PUBLIC HEARINGS 21. Amendment of MuniciDal Code to add Procedures and Reauirements for the Consideration of DeveloDment Aareements.(F:60.1) (X:104.1) Mayor Washburn noted that staff has requested a continuance of this item. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO APRIL 25, 1995. - 22. Public Hearina on the ProDosed Vacation of a Portion of Saaecrest Drive and Canvon View Drive - Resolution No. 95-24. PAGE FOOR - CITY COUNCIL MINUTES - APRIL 11, 1995 RESOLUTION NO. 95-24, ACCEPT THE LOT DEDICATION FROM LOMAS MANAGEMENT AND AUTHORIZE THE CITY CLERK TO RECORD BOTH DOCUMENTS. RESOLUTION NO. 95-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR THE VACATION OF PORTIONS OF SAGECREST DRIVE AND CANYON VIEW DRIVE AND SETTING A PUBLIC HEARING THEREON. 23. Hearing of Obiections to A9proved Removal of Weeds. Rubbish. Refuse and Dirt. (F:166.1) City Manager Molendyk explained this item and highlighted the Weed Abatement process. ...". Mayor Washburn opened the public hearing at 7:15 p.m. asking those persons interested in this item to speak. The following people spoke: Harry Beaker, 1047 Ranel Drive, Burbank, advised that he has two lots involved in this process the first is currently under water on Highway 74 and the other is on Dwan Drive and very steep. He indicated that he was formerly allowed to clear only 30 feet from the property line, but this year is required to clear the entire lot. He requested the name of the contractor who has agreed to contract with individuals for $30 per lot, and stressed the he would prefer to avoid the $250 administrative costs. Doris Breeze indicated that she was representing her elderly parents who own property near Baker street and Turnbull. She indicated that their property is entirely landlocked and the adj acent owner has refused them access. She further indicated that she did not feel it was fair to require that they clear the property when they cannot obtain access to do so. She noted a billing received last year and indicated that they did __ not receive preliminary notices last year. She requested consideration for the location of the property and removal of the property from the weed abatement process. She presented a letter detailing the location and concerns. Walter Thompson indicated that he has two pieces of property, each 30' x 100 ' off of Riverside Drive and currently under water. He indicated that he came from Oregon remove the weeds, but discovered that was not possible due to the water. He indicated that the previous program there was a billing for less than one acre, however now he is billed for two individual parcels at double the cost. Mariana Mohylyn, 305 W. Sumner, expressed concern with the Weed Abatement program and suggested that it be discussed with the property owners at a Study Session. Mayor Washburn referred to speakers to staff for resolution of their concerns. Hearing no additional comments, the public hearing was closed at 7:25 p.m. PAGE FIVE - CITY COUNCIL MINUTES - APRIL 11, 1995 ,..... section 31602 requires that the determination that a dog is vicious and subject to impoundment be made pursuant to either a peti tion to the Municipal Court or to the ci ty wi th jurisdiction, subject to appeal to the Municipal Court. He noted that Council has been provided a petition and supporting data requesting that the City Council determine that the one male chow and one female chow owned by Bob and Fauna Graham, 29078 Palm View, be deemed potentially dangerous. He stated that this program is administered by L.E.A.F. and he called upon their representative to address Council. willa Bagwell, representing L.E.A.F., explained that there are three chows in question, a male, a female and a 6 month old puppy; and the two adults have been involved in three reported dog bites. She noted that the dogs have been running loose and terrorizing the neighborhood. She stated that for the purposes of public safety it is suggested that the dogs be confined to a kennel that is padlocked, constructed of chain1ink to a size of 9' X 6' and "Beware of Dog" signs posted. Ms. Bagwell stated that the owners do not seem to feel that this is a problem. Mayor Washburn opened the public hearing at 7: 28 p.m. and asked those persons interested in this item to speak. The following persons spoke: Bob Graham (owner of the dog), 29078 Palm View, stated that they would like to have their dogs back at any cost. He explained that the problem was that a neighbor's children make illegal entry to their yard and release the dogs while they are not at home and during that time they were loose. He refuted all the charges against his dogs and gave an explanation for each incident. He stated that one of the children in question had made entry into the yard uninvited and tried to pet the dogs and the dog reacted to a stranger in his face. He then presented pictures of the yard to the Council. - Fauna Graham, 29078 Palm View, stated that she is a teacher and explained that entry to the back yard can only be done by going over the fence or through the house or garage. She explained that the child that was bitten had made entry through the garage a day that she was home sick, and since the child had been throwing rocks at the dogs, the female did bite him, but he was the one who let the dogs loose. She stated that they have only lived in the house for a year and every time that the dogs got loose, they did not bite anyone nor did they tear up a cat. She stated that her dogs are not dangerous. - Sanders Family, 20979 Palm View. Nicole Sanders explained that she was helping to tie up the dogs and one of them bit her. She explained that she was told that the reason that the dogs bite is because they can't see through the fence. She further explained that her mother told her not to go back over to the Graham's house because of the dogs. Mrs. Sanders explained that in September the dogs were running loose from late mornina until the children came home from school. She PAGE SIX - CITY COUNCIL MINUTES - APRIL 11, 1995 who lives next door to the Grahams, babysits her children. She told of the time that she witnessed the dogs loose and the fact that when she chased them from Ms. Williams yard, they were growling at her and she stated that she has never seen the dogs bite, but she does not want to take a chance on her children being bit. She stated that her children play with the Graham's children and she feels that they are a good family, but she does not want to take a chance on the dogs being loose and hurting one of her children. Susan Williams, 29080 Palm View, explained that she is the mother of Bryce Williams and gave an overview of the biting incident when he was bitten. She stated that her son did not make entry into the garage, but rather one of the Graham's children went into the garage and the dogs followed. She stated that when her son bent down to pet the puppy the female chow bit him several times. Ms. Williams stated that the dogs have broken through her fence into her yard several times and that she did witness the male chow mauling a cat. She stated she has spoken to the Grahams and did inform them about the cat. - Marie Farrell, 29082 Palm View, stated that she lives next door to the Williams' house and that she felt that Bryce deserved to be bitten because he has aggravated the dogs. She stated that because of the abuse and teasing that Bryce has done to her dogs one of them has had to be medicated and she and her husband have had to put up double fencing to keep him away from their dogs. She explained that she feels that he deserved to be bitten. L.C. Graham, 29078 Palm View, stated that there is another dog in the neighborhood that looks exactly like their white chow and that it was not their dog who mauled the cat, it was the other dog that did that. She asked where L.E.A.F. gets the authority to enter private property and take the dogs. - Ron Hendrix, 29074 Palm View, stated that he has never teased the dogs, and his cat was attacked. He further stated that at least five people had witnessed the Graham's chow dog with his cat in its mouth and tried to get the dog to release the cat. He stated that it was three days before the cat came home and another two weeks before the cat could walk on its own without limping. He noted that on Christmas Eve the dogs were loose and as a consequence he left a note on the door of the Grahams' residence explaining that he was afraid for the children in the neighborhood and his feelings regarding the dogs. Ms. McCabe, 29083 Palm View, stated that she nor her little boy have ever had trouble with the dogs. She stated that she has helped to put the dogs back in the yard and they have never bitten her. She indicated that she does not feel that the dogs are dangerous. Mayor Washburn closed the pUblic hearing at 7:49 p.m. PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 11, 1995 - and a few days later L.E.A.F. received a call that the dogs were running loose again. She further explained that she had called Mr. Graham and informed him that they would be there to pick the dogs up to take them to the animal shelter in order to enforce quarantine and Mr. Graham refused. Ms. Bagwell stated that they went in with the police and removed the dogs for public safety, at the time of removal it was noted that the dogs who were ordered to be kept in the kennel, had been loose in the back yard and the kennel is not secure to maintain them. She explained that they must be confined in a secure kennel with a top to prevent climbing out, wi th a padlock on the gate. city Attorney Harper explained that after a bite, there is a public health police power that the City has to quarantine dogs for rabies. He explained that this is what occurred with police assistance. Councilwoman Brinley asked how many times was L.E.A.F. called out regarding these dogs. Ms. Bagwell explained that they had been called 5 or 6 times. Councilwoman Brinley asked what the attitude of the owners was when they were contacted. - Animal Control Officer Bochelle stated that the attitude of the dog owners is that they do not believe that the dogs are aggressive out on the streets. She explained that they are a problem and when she made contact and told them that the fence must be repaired, the dogs would be loose again a few days later. She explained that Animal Control could be out patrolling and not know if the dogs were at home since they roam quite a distance from their yard. She stated that most of the time the Grahams were not at home so the officers would door tag to let the owners know that the dogs had been reported out of their yard and that their fence needed repair. She stated that they have been out and are aggressive when they are out. - Councilwoman Brinley asked if Officer Brochelle had witnessed the aggressive behavior. Officer Brochelle stated that when she went to impound the dogs, the only way she could was with the help of the Graham children. She stated that when she noted how aggressive the dogs became on a leash when being handled by the children she made a decision to handle them with catch-aIls because she feared for the children. Councilwoman Brinley asked what a catch-all is. Officer Bochelle stated that it is a hard leash made of cable which goes around the neck and the handle is made of metal which allows the officer to keep the animal away from them for safety. Councilwoman Brinley requested confirmation that even the Graham's children could not handle the dog on a leash. Officer Brochelle stated that they felt that, since they did not want to go with the officer, that they would even turn on the child that was handling them. She explained that the Animal Control Officers could not catch the dogs since they would stay at least a block away and that they used the child to call them so they could capture them on the porch. Councilwoman Brinley asked, if when the Grahams were contacted PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 11, 1995 Councilwoman Brinley noted that they had received a letter from Mrs. Chris McColley stating her concern regarding the aggressiveness of the dogs. Councilman Alongi noted the history of the animals and Ms. Bagwell confirmed each item. Councilman Alongi asked what type of confinement is provided for the dogs. Ms. Bagwell explained the site where the dogs are kept and stated that it was not properly secure to confine the animals. He asked what L.E.A.F.'s recommendation would be. Ms. Bagwell stated that they are asking that the dogs be kept confined, and signs posted. She explained that she did not feel that children should be allowed in the back yard with the dogs and if the dogs are allowed to run loose again, then they should be picked up and destroyed for public safety. Councilman Alongi asked if the dogs are kept for breeding purposes. Ms. Bagwell stated that she would suppose so and noted that the female has had two litters and is pregnant now. Councilman Alongi asked about the timing of the quarantine. Ms. Bagwell stated that they had several calls regarding the dogs running loose, but this has been the first report of bites until they went to quarantine the dogs; and then they found out from the neighbors about the other bites. The neighbors indicated that they like the Grahams and did not want to cause them a problem. Councilman Pape requestp.d clarification of the need to seize the dogs after they had been quarantined. He then asked about the kennel and asked if it was adequate. Ms. Bagwell explained that the kennel is cement with the sides being wood, of which one side is the front yard fence, one side the side yard fence shared with a neighbor, one side the garage and one side facing the back yard which is the gate which is a board and is not secure which they jump on and go over the fence. Councilman Pape asked if they were going through the fence as well. Ms. Bagwell stated confirmed. Councilman Pape requested clarification that L.E.A.F. is suggesting chainlink to secure the kennel area with a top. Ms. Bagwell stated that was correct, for public safety. Mayor Pro Tem Bender asked Mr. Graham if both he and his wife are at work during the day. Mr. Graham confirmed. Mayor Pro Tem Bender commented on some of the incidents discussed, and asked if they happened when the children were home and asked if there was a babysitter. Mr. Graham stated that the children are at home fc= 1/2 hour by themselves, until they arrive home. Mrs. Graham stated that the incidents have not occurred when the children are at home and stated that they have done improvements to the kennel as L.E.A.F. has required and pointed out that they have presented pictures to prove that point. Mayor Pro Tem Bender acknowledged the pictures and stated that there is a lot of testimony in the Agenda Item and asked the Grahams if they felt that all the persons are in error. Mrs. Graham stated that their dogs have only been out of the yard about 4 times and they go right back to the yard when they get loose. She refuted the claims that her dogs have been loose and stated that it is a Chow that looks like - - PAGE NINE - CITY COUNCIL MINUTES - APRIL 11, 1995 - stated that she thought it might be under the fence since that was before the Grahams cemented in that ~rea. Mayor Pro Tem Bender commented that dogs and kids mix part of the time and pointed out the different ways a dog might react at different times. He stated that there is evidence that the dogs have roamed and it is frightening to some people to see dogs running loose and it is the responsibility of the owners to contain their dogs. He explained that he has heard many people state that their dogs never bite, but that is until the first bite and he does not feel that can be ignored. It is the responsibility of the owner to protect other people from the dogs if they wish to have them. Councilwoman Brinley stated that four times Animal Control made contact through notes left on the door and she stated that as adults we are responsible for our animals; and noted that the part that concerns her is the fact that when the animal was in quarantine there was a lack of responsibility to make sure that the dogs maintained that quarantine. She pointed out the pain associated with the necessary medication if a person has received a dog bite and must receive the rabies shots if the dog disappears. Councilman Alongi stated that the City has had this problem before and if the Council wishes to see the dogs returned to the owners, he would like to see the owners be made to buy a separate kennel, cemented, with a cover on it, away from any exterior fence of that property so the dogs cannot get out and get to the gate to unlock it. He further stated that if the dogs escape again then he suggests that they be put down. Councilman Pape stated that there should be some time limit on meeting the conditions for a kennel, since the city does not want to have the dogs on the loose. He stated that two weeks should give them enough time to comply with the requirements which would be the concrete pad, cement block and chainlink fencing to secure the animals with L.E.A.F. making an inspection before the dogs are released. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO REQUIRE THAT THE OWNER OF THE DOGS BUILD A DOG RUN, WITH CEMENT FOOTINGS, MADE OF CHAIN LINK WITH A PADLOCKED GATE AND A TOP OVER THE ENTIRE PEN; AND ALLOW TEN DAYS TO ACCOMPLISH THIS, WITH A MANDATORY INSPECTION BY L.E.A.F. OFFICERS TO MARE SURE IT MEETS ALL REGULATIONS AND CODES FOR ANIMAL CONTROL BEFORE THE DOGS ARE RELEASED TO THE OWNERS; AND SHOULD THE DOGS AGAIN RUN LOOSE THEY WILL BE TAREN INTO CUSTODY, PLACED IN QUARANTINE AND DESTROYED. - Councilman Alongi stated that for the benefit of the children that were bitten, one comment was made that he does not feel was appropriate which was "A child should be bitten if it teases the dog" , and he explained that it is the responsibility of the dog owner to know their dogs and the type of dogs that they own. He further explained that he feels that no matter what a child does they do not deserve to get bitten or beat up. PAGE TEN - CITY COUNCIL MINUTES - APRIL 11, 1995 A six foot (6') high masonry wall or decorative block wall shall be constructed along the side and rear property lines and shall conform to Section 17.14.080 (Fences and Walls) and section 17.14.130 (Design Review single family residential) of the Lake Elsinore Municipal Code. He explained that the applicant is proposing the build wood fencing along the rear and side property lines, not visible to the public right-of-way and fencing adjacent to the public right-of-way would be masonry block wall. He explained that __ the wood fencing that the applicant proposes is the similar to what the Planning Commission has recommended with the exception that instead of using steel posts, the applicant would use wood posts. He noted that the wood fencing that the applicant proposes is similar to the wood fencing used in projects nearby. City Manager Molendyk stated that it has come to staff's attention that the intent is not to see wood fencing from the public right-of-way. City Attorney Harper stated that it is hard to place this in a context of overall, ongoing, hopefully resolved dispute of the project. He explained that when Inco Homes purchased the project, which had gone fallow and had delinquent in taxes, brought the taxes current and began developing the property. He noted that there had been a misunderstanding that the potential of some portions of the project were going to be funded through a subsequent bond issue in that Communi ty Facilities District. He explained that as that turns out, the disagreement was somewhat moot, since the project was not able to generate the volume that the amount of bonds would be anticipated for that project. City Attorney Harper stated that because of the idea, that Inco Homes purchased the property under the impression that they would have $700,000 in off-sites which would be funded through the Community ~ Facilities District tax. He explained that the absence of those funds has made the project very difficult for them economically and they have approached the City on that basis. He noted that Staff has spent a great deal of time with Inco trying to assist in advising them financially without having an effect on City budgets. He stated that staff has reached a conceptual agreement on the things that staff would not have any problem with either recommending or the Council making a decision about. City Attorney Harper explained that the fencing is one of those items. He noted that Inco Homes acknowledges that the ultimate decision is up to the City Council and that is why they are here. Mayor Washburn then called upon the applicant to address this item. Fred Farr, Land Development Manager for Inco Homes, 250 E. Rincon Ave., Corona, stated that his company is appealing Condition No. 28, which calls for block walls and there is a provision in the Municipal Code which allows the Council to approve fencing materials other than block wall. He explained that the staff report is confusing since his company has PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 11, 1995 - Mr. Farr stated that they are proposing several different treatments, along Lakeshore and Grand there would be block wall to match the Cent ex detail, south of Broadway on Grand is existing block wall and explained the areas that Inco proposed to place in block. He noted that in the front yards and in the interior rear and side yard it is being proposed to be a box frame wood fence which is a standard detail his company builds on all their projects in Southern California. Mr. Farr explained that staff has an overlapping fence with the steel posts and what they are proposing in lieu of that, is the box frame wood fence with wood posts. He stated that he feels that this is a good compromise and asked that Council approve their request. Mayor Pro Tem Bender stated that he understands Planning Commission's considerations and decisions since it is their intent to upgrade the City, but he does understand that block in the side and rear yards is very aggressive, however he does feel that the Planning commission is correct in the use of treated wood and steel posts since it is more durable. He asked if other projects that are being proposed have the same stipulation as Inco Homes. City Planner Leslie stated that there have been other proj ects, but this is the most recent proj ect to require treated wood and steel posts. Councilwoman Brinley stated that when she was on Planning commission she was involved in the decisions to use steel posts and does gi ve longer wear and better support. She explained that the treatment of the wood is to address the extreme weather conditions in the area. She stated that Inco Homes is not the first project to be conditioned with this, but they will be the first project to install this type of fencing. Councilman Pape asked if the fencing at the model is temporary. Mr. Farr stated that the installed fencing at the models was allowed to be placed until this appeared before Council for approval. Councilman Pape stated that one of the stipulations is that the wood fencing not be visible from the public right-of-way and the elevation on those lots are very visible from Lakeshore and he suggested that all lots that have a higher elevation not use wood fencing since the rear yards from Grand would be visible and should use block or slump stone walls. Mr. Farr explained that there will be houses and lots behind the models and the elevations are 9.9', which will block the great majority of the view and his Company will be constructing a 6' decorative block wall and the houses along Lakeshore will obscure the view of any wood fencing. He stated that until such time as the power poles are relocated and the block wall is constructed they would be happy to paint the fence to match the future wall. Councilman Pape stated that he just wanted to be sure that the wood fencing is not visible from Lakeshore Drive since it does get a lot of PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 11, 1995 wall and he explained that this is the only jurisdiction that has requested the use of metal posts. He noted the surrounding projects and stated that none of them have used ateel posts. He noted that due to the problems wi th the Community Facilities District, the cost of fencing is one of the considerations they are asking Council for. Councilman Alongi stated that it was his understanding that when the ordinance was adopted, the block walls would go along major streets and not the interior. He explained that he did agree with Mr. Farr regarding the steel posts and stated that wood posts would stay in the ground as long as metal posts if they are properly treated. He further explained that to mix materials would not be very eye appealing; it is an additional expense that he feels that the contractor should not have to meet and if the Council wishes to change the specifications on the fencing, then they should go back and change that area of the ordinance which does not specify steel posts. Councilman Alongi stated that he feels that the builder is doing what he is required to do and he does see where the additional block walls would block the project from public view, but he does not feel that it is clear in the ordinance to take that action. He stated that he does not see a problem with wood posts, since he has fences that he built 25 years ago that are still standing. Councilman Alongi explained that as far as maintenance is concerned, that is up to the person who buys the property and it is their responsibility to maintain them. He noted that he does not like to see redwood or cedar painted, he likes to see it natural, but it is a personal preference. He stated that he feels that Council is going down the wrong road and giving the wrong signals to the developers. Mayor Washburn stated that in review of the submitted request, he felt that it was a fair situation. He stated that in some of the homes that would block the rear yards that were higher including lots 1, 2, and 3, he would like to see a condition which would address at least lots 1 & 2. He further stated that if at that time the view from Lakeshore Drive is a wood fence, then other materials agreed upon by the Planning staff would eliminate the wood fence being visible from Lakeshore Drive. Mayor Washburn explained that he felt that the overall plan was a good approach. He agreed with Councilman Alongi that there are other posts which can be used, but they would be just as expensive as the steel posts. He asked that the motion include that prior to the final of the homes the Planning staff will look at the type of materials and stressed that they should be the treated type. Councilman Alongi asked if it might be better to review some other type of fence with a more decorative look. Councilman Pape stated that he could accept a 4 X 4 post if were treated with something that would assure that they would stand up to weather and last longer, because he does like the style of fence that is being proposed. He stated that the type of fence proposed does last longer and if it can be - - PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 11, 1995 Councilwoman Brinley asked for clarification regarding the steel posts. Mayor Washburn stated that it would depend on the motion as to what is called for. MOVED BY BRINLEY, SECONDED BY WASHBURN AND CARRIED BY A 4 TO 1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE CONDITION NO. 28 TO READ AS FOLLOWS: - 28. A 6' high box frame wood fence with galvanized steel posts (consistent with city's fencing standard as recommended by the Planning Commission) may be constructed in areas not visible and/or not adjacent to the public right-of-way, with lots 1 & 2 to use block wall instead of wood fencing, as well as decorative block wall along Lakeshore Drive and Grand Avenue consistent with the existing decorative block wall on Grand Avenue. All other fencing visible from public right-of-way shall be block wall. BUSINESS ITEMS None. THE CITY COUNCIL MEETING WAS RECESSED AT 8:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:06 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - Chris Hyland, 15191 Wavecrest, commented that she was appalled listening to the tapes of the last meeting. She indicated that in her opinion, based on documentation, there is no room for the other four Councilmembers to make a mockery of Councilman Alongi. She questioned the talent, success and professionalism of those Councilmembers and commented on each of them. She indicated that Councilmembers Bender and Pape would be served with recall notices in the near future and suggested that a clean sweep including the City Manager should occur. Mariana Mohylyn, 305 W. Sumner, indicated that she was pleased to hear the City has $1 million set aside, when it was previously poor. She questioned dollars available for economic development and noted a letter from Norm Davidson at the Economic Development Agency requesting that the City waive its required fees to allow the renovation of her property to proceed. She asked that the Council provide this assistance. Lorraine Sostre, stated that on February 14, 1995, Councilman Alongi participated and voted on an item concerning the Historic Overlay District because he wanted the zoning restrictions lifted; and on the next day his property appeared on the Design Review Commi ttee Agenda. She noted that this appears to be a clear violation of the Conflict of Interest provisions of the FPPC and further noted that on May 31, 1994, he participated in discussion regarding the Red Lion Agreement and during Council Comments on March 28, 1995, Councilman Alongi stated "After I voted on it I got to think, let me write to the FPPC and lets see what they have to PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 11, 1995 Councilman Alongi stated that he did not own the property and yet in his letter to the FPPC he tells them he does. Ms. Sostre stated that the Political Reform Act was adopted by the voters of the state of California to insure that public officials, whether elected or appointed, would perform their duties in an impartial manner, free from bias caused by their own financial interest or the financial interest of the persons who have supported them. She quoted the section regarding Conflict of Interest and stated that the public can call the Enforcement Division of the FPPC and ask them to investigate this matter. __ CITY MAHAGER COMMENTS None. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) Addressed Ms. Sostre and stressed that the indicator for a decision to vote is financial gain. He suggested that if she feels he has done something wrong, she should go to the Attorney General, let him investigate and get the discussion over with. 2) Noted that he received a letter from Mr. & Mrs. Dennis at Tiffany's Hallmark, regarding the Lakeshore Drive Detour. 3) Thanked Jeannie Corral for her letter and stressed the importance of input to the Council from residents. 4) Explained that in the past he has asked that people be allowed to sign up for weed abatement for their lots since we have a contractor who will abate the lots for $30. He stated that the City could turn the names over to the contractor and the contractor could follow-up with the property owner. He noted that the City Attorney could put something together which would allow the City to do that. He pointed out that the Ci ty is still somewhat rural and does need this service. - 5) Addressed Council Policy regarding the right to make a statement on any agenda item and the policy does not give the Mayor the right to take the vote and then declare it done without asking for comment. He explained that he did not want to accuse the Mayor of rushing the meeting, but it was advertised that the Council Meeting would not be televised and when he inquired he was told by the General Manager that he was informed that it was going to be a short meeting. He stated that he had informed the General Manager that as long as he (Councilman Alongi) was sitting on Council no one could know how long the meeting will go. He pointed out to the General Manager that part of the franchise is to televise the meetings, not to determine the length of the meetings. He stressed PAGE FXFTEEN - CXTY COUNCXL MXNUTES - APRXL 11, 1995 - Consent Calendar were: Code Enforcement, questioned the report b~cause of the amount of trash listed and is CR & R picking up all the trash; Business License Application for an ice cream truck and pointed out that there are no pictures and he wanted to know what he was voting on; Contract awarded to Illinois street and questioned that all the contractors are bidding on the same things so that the Council does not get change orders; Parking Prohibition, and questioned that ability to park in a recreational area; Cost Recovery for Abatement, questioned the amounts charged and did the City go to bid on these properties. He stated that there should be an opportunity to bring these items before the Council to clarify the issues and be sure that what is being voted on is answered in full. He explained that the Mayor knows that there are always items on the Agenda that he pulls and he felt that the Mayor should have the courtesy to ask the whole Council if there is anything that they wished pulled. 7) Apologized to Chairman Pape for being out of order. He explained that he is interested in the area and the issue is very important to him. He stated that if Councilman Bender wants harmony and progress on this Council, each of the Council has to recognize the priorities of each other and if that is not done there will never be a Council that will work together. Councilman Pape commented on the following: - Announced the Easter Egg Hunt scheduled for Saturday, April 15th at Summer lake Park near Terra Cotta Junior High School. 2) Noted the difficulty of the decision regarding the Lakeshore Drive Bridge Detour. He indicated that he could see both sides and while he knew the benefit to the businesses, he also knows there is a concern for the necessary dollars. 1) Councilwoman Brinley commented on the following: 1) Addressed the Lakeshore Drive Detour and stressed that it comes down to dollars and cents. 2) Reminded the Community of the Easter Sunrisc~ Service which will start at 6: 00 a. m. and nvted that people should arrive by 5:30 a.m. to allow fer. parking. She noted that there is also a Sunrise Service ~~ing held at Elsinore High School for which informa~iun can be obtained from Pastor Duncan. 3) Noted that the Boat Launch is open and hoped for much activity over the Easter Break. - 4) Indicated that there are problems with traffic on Chaney Street at the Sumner Street stop sign, and an increasing ___......1.-.___ __Jt: ___~'-__, __ ~...__ ~__ ~1..._ ....__.._. .:1_.1._..._ .&.__.&:&.: _ ~'-_ PAGE SIXTEEN - CITY COUNCIL MlNUTnS - APRIL 11, ~995 Mayor Washburn commented on the following: 1) Concurred that the potholes on Chaney street should be addressed. 2) Noted an event held last week as part of the Make a Difference Campaign; which assisted high school juniors in making an effective presentation for job applications. He indicated that the business community instructed the students on filling out the application, proper attire, etc. - 3) Reiterated that the Boat Launch is open, and noted that it is one of the few in operation at this time. 4) Announced that there will be a newspaper recycling contest between the cities of Perris, Lake Elsinore and Temecula; which will coincide with Earth Week activities. He indicated that the Community should watch for further announcements and information. 5) Addressed Councilman Alongi and stressed that he speaks for himself and residents should judge hi.s comments independently of the other Councilmembers. H9 requested that Councilman Alongi tone down his comments during the election period. CLOSED SESSION None. ADJOURNMENT MOVED BY WASHBURN, SECONDED TO ADJOURN THE REGULAR CITY BY PAPE AND CARRIED BY UNANIMOUS COUNCIL MEETING AT 10:35 P.M. ~~f7~2bYOR CI~OF LAKE ELSINORE VOTE - 5:it VICKI ~~1Y CLERK CITY OF LAK~L E"'SINORE