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HomeMy WebLinkAbout02-08-1994 City Council MinutesMINOTES REGIILAR CITY COLTNCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY STREET LARE ELSINORE~ CALIFORNIA TIIESDAY~ FEBRIIARY 8~ 1994 *****fe***ssr******rrt******************rr***,r****r*r****ra,e**• 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 City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Touqhlove Proctrams Aaainst Violence Month. (F:122.1) Mayor Washburn read and presented this Proclamation to Touqhlove Representatives Sandra Fischer and Jody Franz, Sandra Fischer thanked the City for this recoqnition and explained that they provide services to all ages. She noted that they are planning a fundraiser for their (800) telephone number. Jody Franz detailed the Fundraiser to be held on February 13 and noted the contributions of local businesses. B. Presentation - Report on Outflow Channel Project. (F:92.3) James Lowe, 3 B's Construction, noted that the excavation work on this project had been temporarily shut down due to the recent rains. Yie advised that the mitigation pond at Baker Street is complete. He also noted that Graham Street is presently 1 to 2 weeks behind schedule due to utility work. He detailed the anticipated opening dates for the road currently shut down. Councilman Alongi noted the existing condition on Minthorn Street and questioned alternatives for the road. Mr. Lowe indicated that Minthorn was being used as a detour for Collier Street and would be used for approximately 45 days. He indicated that they are currently looking at alternatives with the Corps of Engineers. Councilman Alongi stressed that the PAGE °i'F70 ~ CITY COIINCIL MINO'LES °&'EBROARY 8, 5994 road is nearly impassible. Mre Lowe commented briefly on possible solutions and noted that any of them would increase the costs of ~he project. City Manager Molendyk questioned the possible resolutions and what the City could do to facili~ate a clecision. NIr. Lowe gndicated that Mro Tecca has aYready done what is neeclede City Manager Molendyk suggested that if appropriate it miqht be possible ~o address this in a letter from the City Attorney to the Corps. A gentleman in the audience indicated that it was unreasonable to be writing letters and not taking action on the road. Mre Lowe stressed that discussions are underway, but all of the soTutions are costYy. City Manager Molendyle suggested the possibility of a letter from Emergency Services, in that public safety services must also negotiate these roadso Mayor Washburn stressed that efforts are underway, however, ~his is a Corps. of Engineer°s project and the City can take no action to directly impact it. PIIBLIC COMMENT~ - AGENDIZED ITEM3 Requests to address the Council ora the following items were received and deferred to the individual discussions: Item Nos. i.ao, l.c., 31, 33, 34, 350 CONSEI4'P CAI,ENDAR The following items were pulled from the Consent Calendar for further discussion ancl consideratione Ytem Nos. l.a., i.c., 3 and 4. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE 'I'O APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED, 1. ~'he £ollowing Minutes were approved: (F:44.4) b. City Council Study Session - January 20, 1994. 2. Received and ordered filed trie Ynvestment Report for December, 1993. (F:12.5) 5, Acceptecl Notice of Completion for Grand Avenue & Lincoln Street, Landscape and Streetscape West Lake Elsinore, Community Facilities District 88°3 for Lambaren Contrac~ors, Inc. (F:22.3) YTEM~ PULLED FROM GONSEN'P CAY,ENDAFZ le Aiinutes (Fc44o4) a. Regular City Council Meeting - January li, 1994. c. Regular City Council Meeting - January 25, 1994. David Y,ocke, 15025 Monty Court, challenged the above mentioned Minutes, noting that he had reviewed the videotape. He expressed concern that the text and title of the ordinance were not read at the meeting of January 11, 1994. He also expressed concern that a majority vote had not been received PAGE THREE - CITY COIINCIL MINIITES - FEBRIIARY 8~ 1994 on the ordinance as required by State law. He also commented that Councilman Winkler had moved to approve the ordinance upon second reading and then abstained from the vote. He indicated that he was not allowed to speak until after the roll call vote had been taken. Mayor Washburn suggested that Mr. Locke direct his comments to the City Attorney in writing. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES AS PRESENTED. 3. Warrant List - January 31, 1994. (F:12.3) Councilwoman Cherveny questioned the warrant issued to First Trust Bank. Administrative Services Director Boone indicated that it was a tax deposit, and noted that all accounts have now been transferred from First Trust Bank to Bank of America. Councilwoman Cherveny questioned the warrant issued to World Class Productions. Mr. Boone advised that this was a deposit for the July 4th entertainment. She further questioned warrant 40209 in the amount of $693.00. Mr. Boone advised that this was for seminar registration. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 4. Claim Aaainst the Citv - James Sanchez (CL #94-1). (F:52.2) Councilman Alongi noted that this claim was due to dirt on local streets in relationship to the Outflow Channel project, and advised that he has received several letters from residents. He commented that the sweeping being done is not adequate and stressed the need to keep the area cleaned up. MOVED BY ALONGI~ SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO REJECT AND REFER THIS CLAIM TO THE CITY'S CLAIMS ADMINISTRATOR FOR HANDLING AND DIRECTED THE CITY CLERK TO SO ADVISE THE CLAIMANT. POBLIC HEARINGS 21. The City Clerk reported no new written correspondence. Mayor Washburn opened the public hearing at 7:23 p.m. and asked those persons in favor of this zone change to speak, The following person spoke: City Manager Molendyk explained that this item was presented to Council at the January 11, 1994, meeting and no action was taken because the motion to approve failed as a result of a 2 to 2 vote. He noted that the matter has been readvertised to all the affected property owners within a 300 foot radius. PAGE FOUR - CITY COIINCIL MINIITES - FEBRIIARY 8~ 1994 Denise Thompkins, 218 Chaney Street, spoke in support of the zone change and presented several letters from ~he residents an Chaney Stree~ in favor of the zone change. She stated that they did not want the area to remain zoned R-2. Ms. Thompkins explained that because of tfie design and location of Chaney Street there have been major traffic problems ancl continuing the R-2 zoning would only add to the current problems. She asked that Council change the zoning to R-1 and explained that she and her neighbors were not opposed to rentals, just multi- family units. She e~lained that there are several single family homes rented in the area and they do not mind that. Ms. Thompkins guestioned the status of the request for a Traffic Radar device and stated that Public Services Director Tecca had not been in contact with her yet. Mayor Washburn then asked those persons in opposition to the matter to speak. The following person spokee Roy Terrebonne, 215 Chaney Street, spoke in oppositian to the zone change. He explained that his property would loose value and that he has been treated unfairly by the Citye He stated that he should have been informed that the property would nof remain R-2 prior to acquiring it, Hearing no further comments, Y+Iayor Washburn closed the public hearing at 7:29 p.m, MOVED BY WINKLER, SECONDED BY DOMYNGUEZ TO ADOPT ORDINANCE PIO. 971. Councilman Alongi responded to Ms. Thompkins and explained ~ha~ when that area was annexed it was zoned R-2 and anyone f.hat lived on Chaney Street who did not want the area zoned R~ 2 should have come before Council at that time. He explained that anyone raho purchased houses or proper~y after the annexation should have -cnown that it was R-2 zoning and that the single-family 2aomes that were built were on R-2 zoned property at the time of building. Mr. Alongi stated tfiat it is not fair to punish those who own R-2 property, because of those persons who choose to build R-1 and did not take advantage of the R-2 zoning. He stated that the R-2 zoned property is always ~rea~ed as R-1 since the requirements anci setbacks are the same. The density called for is 6 per acre and comes out to 7,200 square foot lots and is not an issuea &%e stated that fie saw this action as an inverse condemnation while directTy behind the proposed zone change is more R-2 ~roperty and this raould create a cycTe of the persons who wished to be zonecl R-1 now complaining about the R-2 zoning behind them and so on. Yie explained that someone has to be across the street from something and no one can be an island unto themselves. He stated that this should have been changed during the annexation and not now since it cioes reduce the property values in that area and a plan can be developed where the quality of the product built will appear compatible. Councilwoman Cherveny stated that she recognized that the trio was going to have the vote, but wanted to comment that she was not in favor of down zoning the property and she feels that the City is loosing integrity through this type of action, Councilman Winkler stated that the Council needs to look at building better neighborhoods as the City grows and he felt PAGE FIVE - CITY COIINCIL MINIITES - FEBRUARY 8~ 1994 that this had not been done in the past because there are too many multi-family dwelling units in the City. He explained that regardless of his personal stand on renting, if there is an imbalance of types of dwelling units, there is the potential of more crime and poor maintenance of property. He stated that he feels that the situation is changing, but that the Council needs to keep up on this issue to continue to have a better community. He indicated that the Council should encourage more and more single-family residences to be built in the future and encourage a decrease in multi-family dwelling units until the proper balance is attained. Mr. Winkler stated that it is the duty of Council to build better neighborhoods. He stated that crime locates in areas which are older or run down and in high density areas. He suggested that the Council should be concerned with the people that live in single-family homes and the effect on their neighborhoods. Mr. Winkler noted the gentleman who spoke in opposition to the zone change and stated that the City had treated him unfairly, should note that Councilwoman Cherveny did vote against his project previously. He pointed out that she could change her mind, but he wanted to note that. He explained that the history of this area shows that the prior Councils had the intent of changing this area, but did not follow up on it and suggested that Council could address this now. Mr. Winkler commented that Councilman Alongi stated that there is a market for multi-family dwellings; and explained that there has been a market, in the past, for high density, substandard dwelling units and builders have taken advantage of that market. He stated that in the last several years Council as increased the quality of building and it is beginning to improve. He cited the West End of the Community. Mr. Winkler stated that when other people have built R-1 on R-2 property, perhaps that is because it is the best use of the area. He explained that increasing the standards of any buildinq is very difficult and pointed out that in the past Councilman Alongi has pushed for a no frills situation. He noted that when he was Mayor and interviewed Councilman Alongi for Planning Commission his philosophy was that the City Council and the Government does not have the authority to ask for anything more than what the minimum is and his current statements are inconsistent with what he has stated in the past. Councilman Alongi strongly disagreed with Councilman Winkler. He asked if hard working renters, who cannot afford buy a home, have no integrity; and regarding the statement on no frills, he was speaking in regard to entry level housing and not duplexes. He pointed out the problems with drainage and indicated that the former Councils have approved the areas which are now slums. He cited the homes built on Lowell Street he has built and indicated they are better. He stated his views on air conditioning unit placement. He explained his stand on a"no frills" philosophy. Mr. Alongi further explained that if he were to purchase R-2 property, which is more expensive, he would build R-2. Mayor Washburn clarified that the Chaney Street area has developed in an R-1 manner and pointed out the lack of infrastructure in that area. He stated that because of those circumstances he feels that it should be developed out with sinqle-family structures. PAGE SY$ - CITY COIINCIL MINUTES - FEBRIIARY 8s Y994 Councilman Dominguez stated that the terrain answers the question regarding whaf is being built next ~o each other. THE EOREGOING MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: ORDINANCE NO. 971 AN ORDINANCE OF TAE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALYFORNYA, REZONING AN AREA ALONG THE WEST SIDE OF CHANEY STREET BETWEEN HEALD AVENUE TO THE SOUTH, TRELEVEN AVENUE TO THE NORTH, WITH THE WESTERN BOUNDARY BEING WILSON WAY, ADAM AVENUE, SUMNER AVENUE, DRISCOLL STREET, MORTON STREET, CALKINS AVENUE AND GEDGE AVENUE FROM R-2 MEDIUM DENSITY RESIDENTIAL TO R°1 SINGLE-FAMILY RESIDENTIAL (ZONE CHANGE 93-6: CITY OF Y,AKE ELS%NOREj. UPON THE FOLLOWYNG ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOESC COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE COiJNCILMAN ALONGI LEFT THE MEETING AT 7:50 P.M. 22. Street Name Chanae - Short Street to Main Street Resolution No. 94 9e (E.158e1) City Manager Molendyk explained this item and detailed the location of Short Streeto The Ca.ty Clerk reportecl no writ~en comments or protests. %~Iayox Washburn opened the public hearing at 7:50 p.m. asking ~hose persons interested in this item to spealc. Hearing xzo one, the public hearing was closed at 7:51 p.m. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY A VOTE OF 4 TO 0 WITH ALONGI ABSENT TO ADOPT RESOLUTION NO. 94-9. RESOLUTYON NO. 94-9 A RESOY,UTYOI3 OF THE CITY COUNCIL OF THE CITY OF I,AKE ELSINORE, CALIFORNIA, CHANGING THE NAME OF SHORT STREET TO MAIN STREET. COUNCIY,MAN ALONGY RETURNED Z'O THE NIEETYNG AT 7:52 P.M. BUSINESS ITEMS 31. City Manager Molendyk explained that this item was requested PAGE SEVEN - CITY COUNCIL MINIITES - FEBRIIARY 8~ 1994 by Councilman Winkler. He advised that it is a request for rezoning of the area from mixed use to residential use only. City Attorney Aarper stated that adopting this resolution only accomplishes setting the public hearing at the Planning Commission level and this is only a start to the public hearing processo MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT RESOLUTION NO. 94-10. Mayor Washburn then called on those persons who wished to speak on the matter as follows: Jack McColley, 29072 Palm View, stated that the Planning Department, City Council, School District and the Community have been very clear in their intentions and desires in regard to the development of this site. He explained that there are no strict guidelines governing its development, but the surrounding property is single-family development and he is encouraging the Council to rezone this single-family residential to be compatible with ~he surrounding property. Lois Knight, 16504 Mango Way, stated she was in favor of the resolution. Chris Hyland, 15191 Wavecrest Drive, asked Councilman Winkler if he was buying votes by appeasing the people in that area. She stated that the owner paid $4,000,000 for the property and the Council is taking away his right to develop as he chooses. She asked why the staff report did not mention the signatures on the petition which were in favor of the project versus the persons in opposition to the project. Diana Gilliham, 16505 Mango Way, stated that the Lewis Homes directly across the street from the property being discussed this evening are in bad shape. She stated that if she were the owner of Lewis Homes she would not build across from a project that is low quality commercial development. Mrs. Gilliham stated that she and her neighbors do not want this property to be commercial. Mark Manson, a representative of Komerica, stated that his clients did pay $4,000,000 for the property and they wish to produce a high quality of product of mixed use on the project site. He stated that they would like to cooperate with the City and that this project would bring jobs. Mr. Manson stated that since 1990 the General Plan has precluded any development of the subject prior to the adoption of a Specific Plan. Komerica has tried to satisfy that requirement and has spent a qreat deal of money doing an EIR to satisfy the Council's conditions. He stateci that his clients complied with all the requirements of the General Plan and he stated that this is clearly an inverse condemnation and litigation is inevitable if the City proceeds with this and creates a cloud on the property. Councilman Alongi commented that this property has been properly designed and there were 344 residents opposing the plan, 147 residents partially opposed to the plan and 2,226 residents in favor of the project. He stated that he was PAGE EIGHT - CITY COUNCZL MIN[TTES - FEBRIIARY 8~ 1994 aware that part of the signatures on the petitions were from fkae Coun~y, but the City does compete for the ~taxes from the County and that is why the City built K-Mart to capture their dollars. Mr. Alongi stated ~hat if the City had sucri a problem with the first developer, the zoning staould have been changed then. He stated that now the second property owner, has invested $4,000,000 and the time and money since ~o pxoceed with the project and the City is telling him that he can not proceed. He cited the many residents who live across from commerciaT development and stated that since this Council prides itself on quality development they would not let a product go in that would not meet those standards. He further stated that there are many documents presented that show the City was going to allow that development to go in. He cited the findings and stated that this project should go £orwardo Councilman Winkler stated that he has been fighting the concept of commercial in that area for eight years and that it has never been settled. He explained that the reason the area was designated Specific Plan was because ~he Council at that time was not sure wha~ they wanted to go in there; but it was specified at the time that it could be totally R-1 and was noted. The Specific Plan does not call for Commercial right now, and the Specific Plan can be R-1 this is to clarify the best use for the property. Mr. Winkler stated that his goal is to promote better neighborhoods and there are far too many strip centers in the community which should be avoided. He stated that there are several vacant buildings and noted locations of other appropriate commercial property. He explained that he felt that there should be large areas of single-family residential to provide serenity and beauty. Mr. E+Tinkler stated that after the first project was denied the neor property owner should have more thoroughly investigated the background to understand the area. Councilwoman Cherveny stated ~hat if tha~ property was to be R-1 then when the General Plan was formed, then it should have been zoned R-1. She stated that when the Pease owned the property and the General P2an was being done the commercial was retained and areas were split in zoning to accommodate the school. She stated that she felt that this whole issue was political and pointed out the number of people in favor of the project versus the people opposed. She stated that this undermines the integrity of the City and she felt the person who purchased the property was within his right to develop commercial. Councilman Winkler stated that tkae petitions were cited and there have been several petitions circulated, but when the issue was presented to Council the people who appeared to testify were overwhelmingly apposed to this project and the cancept og commercial. CounciTman Alongi stated that the reason that ~Cfiis property was purchased and the owner pursued development was because one of the persons on Council was in favor of that cievelopment and he felt that tfie persons who were in favor of the development did not come forward because they felt that with that Councilman's support there would be a majority vote and the project would proceed. That Councilman changed his mind PAGE NINE - CITY COIINCIL MINIITES - FEBRIIARY 8~ 1994 at the meeting. He stated that just as other Councilmen have said, he also wants a better community. He stated that he is proud of what he has done in this community and criticized Councilman Winkler for his attitude regarding R-2 property and renters. He stated that they are not criminals. He stated that it is not the property that makes the people bad, it is the people themselves and it is the City's job to clean them out of the City. He stated that the City Manager and Council have noted that the City has a professional staff and he felt that their quidance and findings should be considered and the entire community should be represented, not just the few. Mayor Washburn again reminded Council and the audience that this is not a zone change, but rather a Resolution of Yntent. ~e e~lained the process and advised that it is up to Council to consider proper use. He stated that he has mixed feelings in regard to this issue and stated that he would like to see this go forward for consideration. THE FOREGOING MOTION WAS APPROVED WITH A 3 TO 2 VOTE WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. RESOLUTION NO. 94-10 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF Y,AKE ELSINORE~ CALIFORNIA~ INITIATING AN AMENDMENT TO THE GENERAL PLAN AND A CHANGE OF ZONE FOR THE AREA LOCATED ON THE SOUTHWEST CORNER OF ROBB ROAD AND MOUNTAIN STREET. 32. Chanae in Citv Council Meetina Location - Resolution No. 94- 11. (F:44.1) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT RESOLUTION NO. 94-11. Councilwoman Cherveny expressed concern that no fiscal impact report was provided for this item. She stressed that dollars were tight when the mid-year budget review was done and she would like to know how much this move will cost and where it is budgeted. Mayor Washburn indicated that he would have no problem requesting this information. Councilwoman Cherveny stressed that there is no cost for the Water District facility and it is comfortable and a state of the art facility. Mayor Washburn indicated that he felt relocating downtown was a positive move, with no intent to say the District facility is not positive. He further indicated that many thanks are due the district for the use of this facility. He stressed that the heart of the Community is the historic downtown. He noted that the use of the Water District buildinq was never intended to be a permanent arrangement. THE FOREGOING MOTION CARRYED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. Councilman Alongi indicated that he had no doubt this issue would pass. He concurred with Mayor Washburn and Mayor Pro PAGE TEBY - CITY COIINCII, MYNII'1'ES - FEBRIIARY 8e %994 7Cem Dominguez that the City needs its own meeting hall, but stressed that ~he present facility is at no cost. Mayor Washburn noted that this would allow for savings by the Water District. Councilman Alongi further stressed that there is not cost for the Water District facility and suggested that the citizens were taking second priority in that there is inadequate parking, etc. Fie expressed concern with taking residents to an unsafe place to meet. die indicated that this change was only occurring because one councilmember wants this move and two others went along with the recommendation. FIe noted that the City has strived for quality and professionalism and indicated that now it is not an issuee fl2ESOLUTYON NO. 94-i1 33. City Engineer~s office has conducted a survey. A RESOLUTION OF THE CYTY COUNCYL OF THE CYTY OF LAKE ELSYNORE, CALIFORNIA, ESTABLISITYNG THE TIME AND PLACE OF REGULAR CIT% COUNCIL MEETINGSe Pe~i~ion Reauestina the Ynstallation of a Disabled Person's Parkina Space at 154 N Main Street, (F:112.1) City Manager Y+Iolendylc explainecl that there was a request to evaluate disabled person parking at 154 N. Main Street and the Mayor Washburn inquired who had requested the s~udy. e exp ained that 158 of the persons who signed ~k:e petition eaere persons who live in the City of Lalce Elsinore and staff surveyed the location and prepared a design sketch. d3owevero observations of ~he use of Disabled Persons parlcincy spaces in the downtown area show that more spaces currently exist than are ne2dedo He stated that staff approached the petition positively, but after careful observation, feels that it is not advisable. Public Services Director Tecca stated that he did not have the name of the person who requested the study, but he did receive a petition containinq 226 names requestinq an additional handicap parking space in front of the hair salon at Main and Peck Street Fi 1 ° 1~%ayor FVashburn stated that the land adjacent to the building is owned by the same person who owns the building and asked if it was possible for a handicapped persons to park in the lot adjacent to the building. Eublic Services Director Tecca explained that a handicapped or disabled person can park any place, but a handicap parking place can only be used by handicapped or disabled persons. Mayor Washburn agaira asked if the persons wanted to park in the adjacent lot, would they be able to. Mr. Tecca stated that they coulde Councilmara Alongi read his comments from ~he minutes o£ January 25, 1994, and pointed out that tfie handicap ramp was previously discussed for that address and asked why it is being brought to City Counci~ at this time, Public Services Director Tecca explained that after the last City Council PAGE ELEVEN - CITY COONCIL MINIITES - FEBRIIARY 8~ 1994 meeting was when this project became controversial and staff has tried to take an objective position. Councilman Alongi asked who had made this item controversial. Councilman Dominguez stated that he had questioned the project. Councilman Alongi stated that even if the handicap parking spaces are not used all the time, it is important to provide those for disabled persons, He explained that it is not how often they are used, but rather the convenience of where they are located. He criticized the design of the location of the handicap spaces and indicated that it is the responsibility of the City to provide convenient parking for the handicapped. He stated that he felt that it is worth the e~ense to provide a handicapped space for convenience of the handicapped and disabled. Mr. Alongi questioned the section of the report which states that the disabled parking spaces do not serve the majority of the public, to which he stated that handicapped parking is not there for the majority, but rather the minority and that is the purpose of those parking spaces. Public Services Director Tecca explained that all the parking spaces in the downtown area were reviewed and there is an excess number of handicap spaces, and there is more demand to use the regular spaces than the handicap spaces and it would not be in anyone's best interest to take out two regular parking spaces to install one handicap space. Councilman Alongi questioned the advisability of regulating the parking by setting times. Councilman Dominguez stated that the City has spent a lot of time and a lot of money putting the plan together for the downtown. He pointed out that the shop which brought this forward is renting and the property is for sale. He pointed out that there are three handicap spaces within 150 feet and explained that if the City permits a special space just for that shop, then other merchants can request the same. Councilman Winkler asked if there were handicap spots on that side of the street. Public Services Director Tecca explained that there are three handicap spaces within a 150 foot radius, with one directly across the street located at First Trust Bank; one directly across Peck Street on the opposite corner and one down the sidewalk on the same block; and access can be make from that spot and come directly down the sidewalk without crossing a street. Mayor Washburn then called on the person who requested to speak. Linda Southard, 154 North Main Street, explained that she is one of the owners of Main Street Hair and they have been located there for the last thirteen years; and she stated that she has no knowledge of the buildinq being for sale, She stated that they are planning on staying in that location and explained that they did survive the renovation of the downtown area and noted that 80% of their clients are elderly people. Ms. Southerd explained that since the renovation the curb is very high and she has had one lady try to step up and fall PAGE °i'WELVE - CITY COIINCIY. MYNII'd'ES - FESROAR`P ~B 1994 backwards. She explained that they do not mind loosing a parking space to provide a handicap space and the distance of one full block is very difficult in a wheel chair or with a walker. She stated that the clients of her salon do bring business into the downtown area. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ACCEPT STAFF RECOMMENDATYON TO DENY AId ADDITIONAL DISABLED PERSON~S PARK%NG SPACE. Councilman Winkler asked Ms. Southerd how far the existing space is. She explained that it is at the far end of the block and a long distance for the handicapped and elderly to walk. Mayor Washburn aslced how many are handicapped. Ms. Southerd stated that she did not know, but at the age of the people ~hat are their clients, ~hey do have heart conditions and other health related problems and have fear for their personal well-being due to crime. She stated that the curb fieight makes it very difficult for her clients to get to the shop or back to their cars. MOVED BY ALONGI, SECONDED BY CHERVENY A SUBSIDIARY MOTION TO MOVE THE HANDICAP PARKING SPACE TO THE CENTER OF THE BLOCK TO PROVIDE EASY ACCESS TO THE ENTIRE BLOCK. Councilman Alongi explained the access and stated that if the handicap parking spot was moved, then there would be no loss o£ parking and it would provide access for both ends of the block. He stated that ~he cost is still the same. He pointed out the handicap parking for tfie Cultural Center. Councilman Dominguez stated that he felt that this action would open a can of worms, and it would entitle him to request handicap parking in the middle of the block where his business is located, THE FOREGOING SUBSIDIARY MOTION FAILED TO CARRY BY VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES AND WINKLER ABSTAYNYNG, THE FOI2EGOING MAYN MOTION FAILED BY VOTE OF 2 TO 2 WITH ALONGY AND CHERVEPJY CAST%NG THE DISSENT%NG VOTES AND WINKLER ABSTAINING. Mayor Washburn explained that the matter is stalled and will have to be reconsideredo Councilman Winkler explained that he has more questions for staff and will visit the shop in question to get a better idea of the request and evaluate the situation. 34a City Attorney Harper stated that this is not for Mayor Washburn questioned the reason that this should be on the Agenda. PAGE THIRTEEN - CITY COIINCIL MINIITES - FEBRIIARY 8e 1994 reconsideration of the Ordinance or the vote. He explained that this is for consideration of the subject in general. Councilman Alongi stated that he requested that this be on the Agenda due to several things that have recently taken place. He explained that when he was on DRC there was considerable discussion regardinq uses. He further explained that he felt that the DRC should be made up of private citizens that have businesses in the Bid District. He stated that he felt that there was no justice for the applicant when he approaches the DRC and in his opinion the DRC does not have the authority to restrict or approve a type of business which is approved in that area; however, if they do want to take that responsibility, then the Committee needs to look at its responsibility and act in a responsible manner. Mr. Alongi used the actions taken for the application of a Karate School on Main Street as an example, and questioned the process and stated that if an item is appealed they are approaching the same board that denied them the first time and this is not a proper way to handle this. Mayor Washburn explained that the DRC is intended to manage the Historic District and the function is to enhance the Historic Downtown area. He e~cplained that he participates on the DRC and in review of the Karate School, he would have voted against it as well. He explained that the proposed location is not compatible with the surrounding businesses and that is the function of the DRC. Mr. Washburn explained that any Mall that is successful, is managed well and the management seeks compatible businesses. Councilman Alongi asked for the right to respond. Mayor Washburn then called on those persons who wished to speak as follows: Nancy Olin, The Enchanted Castle, 133 N. Main Street, explained that she agreed with Councilman Alongi and stated that she felt that others should participate on the DRC. She felt that the Karate School would have been compatible with her business and stated that over half the businesses in the Downtown area agree that the School would have been compatible. Mrs. Olin stated that there is a 30% vacancy factor and the buildings need to be filled for the benefit of the community. Patricia Lovitt-Maier, Granny~s Kitchen, 111 W. Graham, stated that she felt there is no more crime in the Downtown area than anywhere else. She asked that Council review the Ordinance and consider the fact that the owners of the buildings cannot rent to people that they choose. Mrs. Maier pointed out that the people who own these buildinqs have Redevelopment Agency loans and need to fill the buildings in order to pay off the loans. She asked that the Council cease and desist their control and place private citizens on the Committee. Claude Winklepleck, Born Again Enterprises, 136 North Main, noted the progressive movement in the City of Lake Elsinore, and stated that the Karate School would have been a good business for the Downtown area. He stated that the parents of the students would have been retail customers and pointed out PAGE FOIIRTEEN ~ CITY COIINCIL MINUTES ~ FEBRUA1tY 80 1994 the positive aspects of the Karate School. He stated that he felt that Councilman Dominguez had already made up his mind to say no before the consideration and stated ~hat he did not think that it was a fair actiono Lynette Davis, 103 North Main Street, owner of the building, stated her problems regarding renting the building and explained that she is having problems getting approvals from the DRC. She further stated that if the Council wants to dictate the types of business that are acceptable they should buy all tfie buildinqs and manage ~hem as they see fit, but not at the current owners expense of finding a tenant. Mrs. Davis stated that if she wished to place her own business back into ~.he building, she would not be allowed to since she sells motorcycle parts and that is prohibited. She stated that she feels that the Committee should not exist. Mrs. Davis stated that with the loss of her tenant due to the actions of Councilman Dominguez and the Design Review Committee, she would request that rier loan payments be put off until she can find an acceptable tenante %%ayor Washburn stated that this item is for informational review onlya but in his opinion the Downtown has made a radical positive change and what tYae downtown area has gone through is not easy, but it is good. He stated that the downtown area will never be what it was twenty years ago, but at eara be the up-beat and quaint area which can be economically healthy. Mayor Nlashburn stated that the City should take a part in assisting tkae owners of the buildings in the downtown area, and explained that he felt that these things could be accomplished taithin the guidelines o£ Ordinance No. 952, 35, . (F:30.1) Mayor Pro Tem Dominguez noted the mid-year budget review and requested an update on the loans. City Attorney Harper noted that these issues may potentially involve litigation and would be more appropriate for Closed Session discussione He advised that generally all are being pursued by the City Attorney and Staff. Mayor Pro Tem Dominguez noted that Councilman Alongi had previously guaranteed the Western Classic Loano Councilman Alongi indicated that he had not guaranteed the loan and suggested review of the minutese Mayor Pro Tem Dominguez inquired how long it would take to resolve these loanso City Attorney Harper advised that the Downtown Business Association Y,oan would be resolved in the next 30 days or legal action will be taken to recover the funds. He stressed ghat much depends on the potential for resolution. Chris FIyland, 1518]. Wavecrest, questioned this interest in outstanding loans and questions whether Mayor Washburn's loan had been paid. She suggested that it was election time and votes were being bought. She clarified that she did not initiate the petition regarding the TeePee Ranch project. PAGE FIFTEEN - CITY COIINCIL MINOTES - FEBRIIARY 8~ 1994 POBLIC COMMENTS - NON-AGENDIZED ITEMS Peter Dawson, 18010 Grand Avenue, representing the Southshore Homeowners Association, noted that he has been addressing the Council for over a year regarding an agreement for launch rights. He further noted that while it is a slow process it has its rewards. He looked forward to resolution of the access issues. He thanked the Council for their unanimous decision to prevent the opening of the Adult Book Store. CITY MANAGER COMMENTS City Manager Molendyk reminded Council that arrangements had been made for a Study Session on February 15, 1994 at 3:00 p.m. for an overview of the Updated Brown Act and requested that the City Attorney attend. CITY COUNCIL COMMENTS CITY COUNCIL COMMENTS WERE DEFERRED TO THE REDEVELOPMENT AGENCY MEETING. THE CITY COUNCIL MEETING WAS RECESSED AT 9:15 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:39 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY BOARD AT 9:40 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:05 P.M. NO ACTION TAKEN. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:06 P.M. A TEST: VICKI KA~Y CLERK CITY OF LAKE ELSINORE ~G~~~~---~ WASHBURN, MAYOR LAKE ELSINORE