Loading...
HomeMy WebLinkAbout07-12-1994 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 12, 1994 - ******************************************************************* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Pape. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: City Manager Molendyk, Assistant City Manager Rogers, ci ty Attorney Harper, Administrati ve Services Director Boone, City Planner Leslie, Acting Chief Building Official Russell, Community Services Director Sapp, Public Services Director Tecca, and City Clerk Kasad. - PRESENTATIONS/CEREMONIALS A. Presentation - Desian Review Committee. (F:59.4) Mayor Washburn presented Mr. Ray Grage with a city Tile Plaque and noted his work on the Design Review Committee. He explained that the Design Review Committee responsibilities are being absorbed by the Planning commission. Mr. Grage thanked the Council for this recognition and indicated that it was a pleasure to serve the community in this capacity. Mayor Washburn noted that Sonja Matthies was not present for comment. B. Presentation - Jean Havman School Students - Essav Contest Winners "If I Were Mavor for a Dav". (F:56.1) - Mayor Washburn noted the interesting ideas presented by the Students in these essays and commented on their awareness of the Community. He further noted that their ideas related to graffiti, youth services and the Lake. Ms. Sheri severijn, teacher of the winning students, commented on the students' essays and noted that there were 3,500 entries in the Sports Illustrated for Kids contest and of the 100 prize winners, three were from her class. Mayor Washburn presented certificates to Mariah Staley and Jennifer Hensley. Juan Delgado was not present for presentation. The students thanked the Council for this recognition and commented on the issues presented in their essays. C. Proclamation - Parks & Recreation Month. (F:122.1) Mayor Washburn read this Proclamation and presented it to Community Services Director Sapp. PAGE TWO - CITY COUNCIL MINUTES - JULY 12, 1994 D. Presentation - Jaclvn & Christopher Black. (F:56.1) Mayor Washburn noted that Jaclyn & Christopher Black had been involved in Tae Kwon Do for quite some time and explained that they have recently taken first place at the Junior Olympics for Tae Kwon Do. E. Update on Outflow Channel Project. (F:92.2) - Jim Lowe, representing 3 B's Construction, provided an update on the Project and noted that since November 6, 1993, they have completed six bridges and four box culverts. He advised that completion is currently set for August 31, 1994. He noted that the biggest problem encountered on this project has been water. Councilman Alongi questioned Pottery street and whether it would be removed. Mr. Lowe indicate that it will be removed. Councilman Alongi stressed the Community support for Pottery street. Mayor Washburn clarified that bridge selection process in the past. A person in the audience inquired what the lowest point of the outflow channel is. Mr. Lowe detailed the elevations at various points along the project. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items: Item Nos. 14.b., 21, 31, 32 and 34. CONSENT CALENDAR - The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1.d., 2, 7, 8, 11, 12 and 13. MOVED BY PAPE, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:44.4) a. Regular City Council Meeting - June 14, 1994. b. Special City Council Meeting - June 21, 1994. c. Adjourned Meeting - June 28, 1994. The following Minutes were received and ordered filed: (F:60.3) e. Planning commission Meeting - May 18, 1994. f. Planning commission Meeting - May 19, 1994. g. planning commission Meeting - June 1, 1994. 3. Received and ordered filed the Building Activity Report for June, 1994. (F:32.2) - PAGE THREE - CITY COUNCIL MINUTES - JULY 12, 1994 4. Received and ordered filed the Code Enforcement Activity Reports for May and June, 1994. (F:54.1) 5. Ratified Warrant Lists for June 15 and June 30, 1994. (F:12.3) - 6. Rej ected and Referred to Claims Administrator the Claims Against the city submitted by Salvador Garcia (CL #94-2a), Gary Douris (CL #94-11), Gary scichilone (CL #94-12) and Juan Pantoja (CL #94-13). (F:52.2) 9. Accepted Notice of Completion for the Robb Road Booster Pump station and Water Improvements for West Lake Elsinore Community Facilities District 88-3. (F:22.3) 10. Approved Quitclaim Deed and Reconveyance of Easement Rights to the Riverside County Flood Control and Water Conservation District. (F:140.6) 14. Approved Public Hearing Date of July 26, 1994, for the following: a. Collection of Delinquent Refuse charges and Refuse Charges of Customers with Delinquent Charges, on the Annual Tax Roll. (F:163.1) - Approved Public Hearing Date of August 9, 1994, for the following: b. Conducting Authority Hearing - Annexation No. 65. (F:20.2) ITEMS PULLED FROM CONSENT CALENDAR 1. Minutes (F:44.4) d. Soecial city Council Meetinq - July 5. 1994. Councilman Alongi clarified that his vote at this meeting regarding the Mayor Selection was a "pass" not an "abstain". MOVED BY ALONGI, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE MINUTES OF JULY 5, 1994, AS SUBMITTED. 2. L.E.A.F. Animal Control Activity Reoort - Mav. 1994. (F:18.2) Councilman Alongi congratulated the community and L.E.A.F. for the improved statistics over those of 1993. He stressed the expense of this operation and noted that 8,000 animals were processed through the facility last year. He stressed that all of the numbers are down except for the number of adoptions. MOVED BY ALONGI, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND ORDER FILED THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR MAY, 1994. 7. Award of Contract for Yarborouqh Park Addition. (F:114.8) Councilman Pape questioned the height of the block wall at the slope. Community Services Director Sapp indicated that it will be a bit higher than the existing chain link fence. He noted that pine trees will also be added to shield the property owners. Councilman Pape inquired whether this would be adequate screening. Mr. Sapp indicated that in his opinion it would be adequate. PAGE FOUR - CITY COUNCIL MINUTES - JULY 12, 1994 MOVED BY PAPE, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REJECT THE LOW BID OF $96,822.00 FROM SEAN MALEK ENGINEERING AND CONSTRUCTION, INC. FOR BEING NON-RESPONSIVE TO THE REQUIREMENTS OF THE BID DOCUMENTS AND ACCEPT THE BID OF $97,880.00 AND AWARD THE CONTRACT FOR YARBOROUGH PARK ADDITION TO HONDO COMPANY, INC. 8. Chanqe Order No. 4 for Curb. Gutter. Sidewalk and Pedestrian Ramp Replacement Proqram. (F:146.1) MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE CHANGE ORDER NO. 4 FOR THE CURB, GUTTER, SIDEWALK AND PEDESTRIAN RAMP REPLACEMENT PROGRAM FOR LAMBAREN CONTRACTORS INC., IN THE AMOUNT OF $2,500. 11. Reallocation of Special Deposits for the Lake Elsinore Cultural center. (F:134.10) City Manager Molendyk recommended that this item be continued for additional review. MOVED BY PAPE, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM. 12. Structure Abatement for the California Inn. 164 S. Main Street. (F: 32.4) Mayor Washburn highlighted this item and stated that the building is in the project area for the Red Lion Inn and he does not feel that the Council should allocate the funds for the removal of the building until such time as the City sees how the building will fall into the planning area. He noted that the owner desires to rehabilitate the building. He also indicated that he would not be opposed to performing Clean-up, but he opposes structure abatement at this time. Councilman Alongi stated that he had no problem with putting off abatement if the Red Lion Inn were going to move quickly, however they have three years in which to start the project. He stated that the same rules apply to the California Inn as apply to the abatement of 305 W. Sumner Ave. Councilman Alongi stated that in all fairness if the City is going to abandon their abatement program because of future development then abatement should be stopped in all areas. He explained that he was in favor of pulling down the building on Sumner Avenue, and with regard to the California Inn, the abatement process started over a year ago. He stated that $200,000 was appropriated from the Redevelopment Agency funds to assist in the rehabilitation of the building with the State of California for Senior citizen Housing and the plan did not come to pass. Councilman Alongi stated that this building has received more than enough attention and staff time; and he feels that if the California Inn is allowed to Clean-up and board up the building, then it is only fair to allow the structure on Sumner Avenue to be Cleaned-up, boarded and allow the property owner to do something with her structure. Mayor Pro Tern Bender stated that he understands some of Councilman Alongi's concerns and agrees with some of them, but at this time he is not in favor of spending $70,000-$80,000 to demolish this building when it can be boarded up. He explained that there are hazards on the site and he does feel - - - PAGE FIVE - CITY COUNCIL MINUTES - JULY 12, 1994 -. that the city should move on that problem, but he is not in favor of tearing the building down at this time. He stated that he is also not in favor of having the building on Sumner torn down either. He stated that he would like to see other alternatives pursued. Councilman Bender stated that this would allow both owners the opportunity to do something with their structures and if nothing is done within a reasonable time, then the city will have to take action. Councilman Pape stated that the California Inn is a historic building in the downtown area and he would not be in favor of tearing it down. He stated that he would like to see the hazards removed, but he explained that he would like to see the ci ty work wi th the owner and do something wi th the building. Councilman Alongi stated that the City has worked with the owner for over a year, and he does agree with Councilman Bender that $70,000 is a lot of money, but the City has spent in excess of $40,000 in tearing down other structures and although $70,000 is a lot of money, he felt not abating this building was in violation of the Council's responsibility to the people. He stated that the house on Sumner is just as important to the property owner as the California Inn is to its owner. He clarified that the California Inn is not a recognized historical site. Councilman Alongi stated that the California Inn has been neglected as many other buildings in the city. He stated that he would support boarding up both structures. - Mayor Washburn asked if the owner was contacted and asked to do the clean-up on the building. Acting Chief Building Official Russell stated that the owner has not been contacted yeti since the building was in structure abatement and in that situation, the entire problem would have been taken care of at one time. He explained that failing the opportunity to perform the abatement, staff fel t that there was certain clean-up work that needed to be done for public safety. Mayor Washburn suggested that if the property owner was contacted, he could do the clean-up less expensively than the City could. Mr. Russell stated that the owner will be contacted and he will be given the opportunity to perform the clean-up himself. Mayor Washburn asked the City Attorney if it would be appropriate to give a nuisance demand and require that in 7 to 10 days that the owner must clean-up the site and meet the requirements. Mayor Washburn then questioned the pool area on the site and asked what needed to be done. Acting Chief Building Official Russell stated that there is approximately 3 feet of dark green water in the bottom of the pool which needs to be pumped out and the fence secured for public safety purposes. .- Mayor Washburn stated that it is incumbent upon the Council to inform the owner of any action the Council has taken and he stated that the building is a historical landmark and is structurally sound. MOVED BY WASHBURN, SECONDED BY PAPE TO AUTHORIZE REMOVAL OF ALL HAZARDS INCLUDING *EMPTY POOL AND SECURE POOL AREA PAGE SIX - CITY COUNCIL MINUTES - JULY 12, 1994 *REMOVE ALL OUTSIDE STORAGE AND DEBRIS *REMOVE COLLAPSING STORAGE BUILDING *REMOVE APPURTENANCES ON REAR OF BUILDING THAT ALLOW ACCESS TO ROOF AND ARE IN DISREPAIR *REMOVE ELECTRICAL PANEL ON REAR RETAINING WALL *REMOVE TATTERED AWNING AND DAMAGED FRAME AND LIGHTING FROM FRONT SIDEWALK AREA *SECURE REAR DOORS TO PREVENT UNAUTHORIZED ENTRY *REQUIRE OWNER TO MAINTAIN A SAFET ENVIRONMENT UNTIL PLANS ARE _ SUBMITTED AND PERMITS OBTAINED FOR REHABILITATION. SUBJECT TO THE OWNER TAKING ACTION TO CLEAN-UP THE HAZARDS INCLUDING THE POOL AREA; HOWEVER, IF THE OWNER DOES NOT PERFORM THIS ACTION THEN THE CITY WILL ACCEPT THE BID FROM HUNT'S WRECKING TO PERFORM NUISANCE ABATEMENT. Councilman Alongi asked for clarification of the motion and what time limit will be placed on this building. Mayor Washburn stated that the only time limit he had set was the 10 days to comply. He stated that the owner has been trying to contact staff to discover what needs to be done to rehabilitate the building on his own. Councilman Alongi stated that he wished that the Mayor would not allow Mr. Mitchell an unspecified time, since Mr. Mitchell has been given more consideration than any other person has received. Mayor Washburn stated that a time limit was not the issue and called for the question. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE OF THOSE PRESENT. 13. Structure Abatement of 305 W. Sumner Avenue. (F:32.4) - Mayor Washburn stated that the owner of the property was present and wished to address Council. Mariana Mohylyn, owner of 305 W. Sumner Avenue, stated that the property belonged to her parents and since their death she now owns the property and spends approximately six months of the year at that residence. She explained that she intends to restore the home and did not agree that the home should have been placed in the abatement program. Mrs. Mohylyn explained that she is trying to acquire a loan to restore the house and needs additional time to accomplish this. Mayor Washburn stated that this item was heard on April 12, 1994, with Mrs. Mohylyn being given 45 days to resolve the problem and asked why this had not been accomplished. Mrs. Mohylyn stated that she had been ill and that there had been an illness in her family and she was unable to pursue the restoration of the building. City Manager Molendyk explained that this building has been in abatement for the last year under legal procedures and that it is not a new issue. He stated that what made the City aware of the structure was that there was a fire and the Fire Department turned it over to the Building Department to do an evaluation. Mr. Molendyk explained that staff has gone through all the legal procedures and Council awarded the owner 45 more days to resolve the problems and now it is back to Council with two options; 1) to tear the structure down; 2) or to take similar action to that on the California Inn. - PAGE SEVEN - CITY COUNCIL MINUTES - JULY 12, 1994 - Councilman Pape stated that he was in the audience on April 12, 1994, and asked if the owner had done anything to bring the structure up to code in the last three months. Mrs. Mohylyn stated that she has covered and closed up the holes that the Fire Department had created and closed up the broken doors and windows. Councilman Pape stated that from the video taken by staff there appears to be a considerable amount of work that needs to be done on the inside and asked if she had the ability to do the necessary repairs. Mrs. Mohylyn stated that she has had three contractors come in to give bids and she is not able to gain Redevelopment Agency funds to assist in the restoration. Councilman Pape asked if she was trying to obtain funds from other sources. Mrs. Mohylyn stated that she has an appointment with a bank in Riverside to acquire the funds. Councilman Pape asked how long it would take to begin bringing the property up to code. Mrs. Mohylyn stated that she will be able to take action in approximately two weeks. - Councilman Bender questioned the two week start date without a final loan approval. He asked if Mrs. Mohylyn was going to reside in this house or in New York. Mrs. Mohylyn requested clarification of the question. councilman Bender explained that he would believe if she plans to reside in the house, then she would more diligently pursue restoration of the house; if she was not going to live there, then two or three months from now the Council would be faced with the same problems and questions. He stated that he would like to see this issue resolved. He suggested that if the property were boarded up then it would allow time for the owner to make financial arrangements and make a decision as to what she can accomplish. Councilman Alongi asked if there was a mortgage on the building at this time. Mrs. Mohylyn stated that there is not. Councilman Alongi inquired, if an organization was willing to rehabilitate the building to code at no expense to Mrs. Mohylyn, would she be willing to sell the house to reimburse the cost of the rehabilitation and then pocket the profit from the sale. Mrs. Mohylyn stated that she would look into the possibility. Councilman Alongi stated that he did not feel that she would be able to acquire a loan on the property at its appraised value; and the low interest loan through the Redevelopment Agency would not be enough to make the necessary repairs. He stated that the building has potential to be rehabilitated, but he does not think that she will be able to acquire the financing necessary to implement the repairs. He stated that he does know of an organization that would bring the building up to code, but it must be sold to a low income family. Mayor Washburn stated that Councilman Alongi is looking for other avenues to assist rather than to just bulldoze the property. He stated that Mrs. Mohylyn might want to encourage some of her friends to become partners in her project to rehabili tate the house. Mayor Washburn asked Councilman Alongi if 90 days would be sufficient to allow for the organization to evaluate and commence rehabilitation of the house. Councilman Alongi stated that he felt that 90 days would be sufficient. He stated that the organization would need Mrs. Mohylyn's permission to enter the property to make an inspection. PAGE EIGHT - CITY COUNCIL MINUTES - JULY 12, 1994 Councilman Pape stated that it would be very difficult for Mrs. Mohylyn to qualify for a loan through the Redevelopment Agency. He stated that staff had informed him that it would take approximately $20,000 to bring the house up to code and that is a considerable amount of money to acquire. Councilman Alongi stated that 90 days would probably be sufficient for the organization to do their inspection and proceed if they are available. __ MAYOR WASHBURN MOVED TO DIRECT THE OWNER TO CLEAN-UP THE OUTSIDE OF THE PROPERTY, DO A REGULATION FHA BOARD-UP OF THE BUILDING WITHIN A SET AMOUNT OF DAYS; AND IF THE PROPERTY OWNER DOES NOT COMPLY, THEN DIRECT STAFF TO TAKE ACTION TO DO THE REQUIRED BOARD-UP AND CLEAN-UP WITH THE ITEM TO BE BROUGHT BACK BEFORE COUNCIL FOR REVIEW IN 90 DAYS. Councilman Alongi stated that he felt that the City should do the board-up since he does not think that the property owner fully understands what an FHA Board-Up is. Mayor Washburn stated that staff can inform Mrs. Mohylyn exactly what must be done. City Manager Molendyk asked Acting Chief Building Official Russell to explained what a FHA Board-up is and the cost involved. Mr. Russell explained that an FHA Board-Up is a secure board-up using 3/4" plywood secured by 1/2 inch carriage bolts on all the openings so that it would take extreme forced entry to break in to the structure. He stated that the approximate cost to secure the house would be between $400 and $600. City Manager Molendyk suggested that Council review the abatement process since he does not feel that this is the proper forum. __ Councilman Bender asked if at the end of 90 days the Council could request to see some type of commitment from a lender or organization to implement the rehabilitation. MOVED BY WASHBURN, SECONDED BY PAPE AND APPROVED BY UNANIMOUS VOTE OF THOSE PRESENT TO AMEND THE MOTION TO DIRECT STAFF TO DO THE REQUIRED FHA BOARD-UP AND CLEAN-UP THE PROPERTY, WITH THIS MATTER BEING BROUGHT BACK BEFORE COUNCIL FOR REVIEW IN 90 DAYS REQUIRING A FIRM FINANCIAL COMMITMENT OR A COMMITMENT FROM AN ORGANIZATION TO REHABILITATE THE HOUSE. APPEAL 21. Appeal of Declaration of Nuisance - Banners. (F:148.1) City Manager Molendyk explained this item and indicated that the current regulation is 30-45 days, which causes some problems for Code Enforcement. Mayor Washburn requested input from Councilman Alongi, in that he was in attendance at the related Nuisance Abatement Hearing. Councilman Alongi explained that there are concerns for the expense of permanent signs and suggested that Council consider the possibility of low interest loans such as were approved for the Brookstone Center. - Mr. Wessellink, representing Jack-in-the-Box on Riverside PAGE NINE - CITY COUNCIL MINUTES - JULY 12, 1994 -- Drive, indicated that he was present due to a citation received previously for a banner. City Attorney Harper clarified that intent of the report to address specific properties. Councilman Alongi indicated that the report was not correct. Mr. Wessellink indicated that his problems began nearly a year ago and detailed his concerns. He stressed the expense and restriction of business opportunities. City Attorney Harper reiterated that only the properties listed could be addressed. Mayor Washburn suggested that consideration of this item be given in a study Session to review the concerns and problems, with the affected properties owners all being notified. Mayor Washburn inquired whether business representatives from the Mission Trail appellants were present. None were in attendance. MOVED BY WASHBURN, SECONDED BY PAPE TO DENY THE APPEAL. Councilman Alongi stressed that this item is again dealing with the small business, and expressed concern that the ordinance is not equally enforced. He stressed that the businesses are requesting assistance to conform to the city ordinances. Mr. Alongi further stressed the situation of tenant versus property owner. He suggested that this matter be brought before the Redevelopment Agency for approval of loans. - Councilman Pape indicated that while he doesn't disagree that this is a difficult time for small businesses, he expressed surprise that none of the people were present for this meeting. He indicated that he had a list of questions for them. He indicated that what is requested is a change in the City code and he does not feel that can be accomplished without discussion. He suggested that the Council sit down with the small business representatives and discuss a compromise. Mayor Pro Tem Bender expressed appreciation for City Attorney Harper's comments, and understanding of Councilman Alongi's comments, but questioned the parameters of a loan and how much would be needed. Councilman Alongi responded to Councilman Pape, that he was not asking for the rules to be set aside, but is willing to step forward to address the problem. He responded to Mayor Pro Tem Bender that there is already a low interest loan program in existence and he was merely requesting that these businesses be allowed to solicit those loans. MOVED BY ALONGI A SUBSIDIARY MOTION TO GIVE THE APPELLANTS 30 DAYS TO APPLY TO STAFF FOR LOW INTEREST LOANS. MOTION DIED FOR LACK OF A SECOND. - THE FOREGOING MAIN MOTION TO DENY THE APPEAL WAS APPROVED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSENT. BUSINESS ITEMS 31. Commercial Project 94-1 - Chevron Products U.S.A. (F:58.1) City Planner Leslie provided an overview of this project and PAGE TEN - CITY COUNCIL MINUTES - JULY 12, 1994 detailed the location and project configuration. He noted that the project will include a mini-mart and car wash. Jerry Holmquest, 1300 S. Beach Blvd., La Habra, representing Chevron, indicated that the designer was also present to respond to questions, however Ci ty staff had adequately detailed the project. He advised that they have examined the conditions of approval and find them acceptable. He thanked the Planning Department Staff and Planning Commission for working with them on this project. -- Councilman Pape inquired whether the existing facility would be closed while this work is underway and if so how long it would be closed. Mr. Holmquest advised that it would be closed for approximately 60 days. Councilman Alongi questioned the conditions of approval relating to handicapped parking. He suggested that a condition be added to require that the expanded space be placed on the left side of the parking space rather than the usual right side. He stressed the difficulty for a handicapped person on the driver's side to exit the vehicle to a wheelchair. Mayor Washburn noted that this point had not been raised by Planning commissioner Metze who uses a wheelchair. City Manager Molendyk noted similar concerns on other projects. City Planner Leslie indicated that he would not have a problem with such a condition, however this project has the handicapped space by itself. He indicated that he would like the opportunity to review the traffic flows. Councilman Alongi further stressed the difficulty in exiting on the left side and suggested that this become a condition for all future projects. __ MOVED BY BENDER, SECONDED BY ALONGI TO APPROVE COMMERCIAL PROJECT NO. 94-1 BASED ON EXHIBITS "A" THRU "F" AND THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Councilman Alongi noted that he was opposed to Condition No. 26 relating to dedication of water rights and would vote no on that Condition. Mayor Washburn inquired whether this project was on sewer and whether a catch basin or system would be in place for toxic materials. Mr. Russell indicated that the Code would require sand traps for the hazardous materials. Councilman Pape thanked the Planning Community for their work on this project. He indicated that he felt there was good input and this would be a good project. Mayor Washburn concurred with Councilman Pape and thanked the Planning Commisison and the Applicant for their work. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT WITH THE EXCEPTION OF CONDITION NO. 26 WHICH RECEIVED A "NO" VOTE FROM COUNCILMAN ALONGI. - Findings 1. Subj ect to the attached condi tions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 12, 1994 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, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subj ect proj ect to ensure development of the property in accordance with the Objectives of Chapter 17.82. Plannina Deoartment Conditions 1. Design Review approval for Commercial Project No. 94-1, and Conditional Use Permit No. 94-4 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 or designee prior to the expiration of the initial approval upon application by the applicant one (1) month prior to expiration. 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. The applicant shall conduct a noise assessment study (by a qualified professional) at the proposed site no later than six (6)months after commencement of operations to determine noise impacts associated with the operations of the car wash (includes drying and washing equipment). If it is determined that the car wash will exceed maximum permissible noise levels as specified in Section 17.78 (Noise control) of the Lake Elsinore Municipal Code (LEMC), the study shall include measures to reduce impacts to acceptable levels as stipulated in section 17.78 of the LEMC. Such study shall be reviewed and approved by the Community Development Director or Designee. Failure by the applicant to comply within the specified time frame will cause the conditional use permit to be null and void. 4. The upper fascia band on the mini-mart, cashier's and car wash building shall be off-white stucco with a heavy hand troweled texture on all sides of the building. The use of the color blue on the front elevation of this building as shown on the plans as submitted is not approved. Blue may be used for the "eyebrow" surrounding the top an sides of the fascia band on the front elevation of the building. 5. The lower half all elevations shall include a wall tile with a consistent color (not blue). A previous proposal exhibited a gray wall tile which in staff opinion enhanced all elevations. 6. 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 discretion 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. PAGE TWELVE - CITY COUNCIL MINUTES - JULY 12, 1994 7. Materials and colors depicted on the materials board shall e used unless modified by the Community Development Director or designee. 8. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. Applicant is to meet all applicable City Codes and ordinances including state handicap requirements. 10. Meet all Riverside County Health Department requirements. 9. - 11. Meet all Riverside County Fire Department requirements. 12. No outdoor storage shall be allowed. 13. 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. 14. 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. 15. Applicant shall use roofing materials with Class "A" fire rating. 16. 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 _ (Mission Trail or Casino Drive). 17. All exterior down-spouts shall be constructed within the interior of the building or concealed from public right- of-way view. 18. The final landscaping/irrigation plan shall 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 will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) for City processing. 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 form the City's street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (24") box. On areas where screening, is necessary trees shall be at least thirty-six-inch (36") box 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') or ingress/egress points shall be no higher than thirty-six inches (36"). PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 12, 1994 e) The landscape planters adjacent to Mission Trail and the proposed car wash shall be planted with an appropriate mix of trees to shield, as much as possible, the car wash exit door. - f) 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 trees adjacent to the mobile sales lot shall be of the kind and size to aid in the mitigation of potential noise from the car wash. j) Final landscape plan must be consistent with approved site plan. - k) Final landscape plans to include planting and irrigation details. 19. 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. 20. 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 EVMWD and shall incorporate all district conditions and standards. 21. Trailers utilized during construction shall be approved by the Planning Division and appropriate bonds to assure the removal shall be collected. 22. Parking stalls shall be double-striped with four-inches (4") lines two-feet (2') apart. 23. Decorative pavement shall be provided at crosswalks, to the satisfaction of the Development Director or designee. entry and Community 24. 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 Department for inclusion in the case records. 24.a. Hours of operation for the car wash shall be from 7:00 a.m. to 10:00 p.m., 7 days a week. PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 12, 1994 24.b. The property owner and/or station manager shall make every effort to remove any graffiti from the premises within thirty-six (36) hours of when it appears. Enqineerinq Department Conditions 25. All Public Works requirements shall be complied with as a condition of development as specified in the Lake _ Elsinore Municipal Code at the time a building permit is issued. 26. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 27. Pay all Capital Improvement and Plan Check fee s(Municipal Code, Title 16, Chapter 16.34; Resolution 85-26). 28. Process and meet all lot line adjustment requirements prior to issuance of building permit. 29. If the existing street improvements are to be modified, existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 30. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-sit e public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78). _ 31. 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. 32. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 33. After the lot line adjustment is recorded, there will be no access to the mobile homes sales lot on Mission Trial. 34. Driveway approach for Commercial Project 94-1 on Mission Trail shall be directly aligned with the driveway approach for the Von's Shopping Center. 35. Provide street lighting as required by the City Engineer. 36. Applicant to extend street and storm drain improvements on Mission Trial westerly along property expansion. Plans to be approved by the City Engineer prior to issuance of building permits. 37. 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 (Lake Elsinore Municipal Code 12.04 and 16.34). - PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 12, 1994 - 38. Dedicate sufficient frontage on Mission Trail on property expansion for a 100' right-of-way for Mission Trail. 39. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Department for review and approval prior to issuance of building permit. 40. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 41. If grading exceeds 50 cubic years, grading plans shall be prepared by a civil engineer and approved prior to any grading, applicant shall obtain a grading permit and post appropriate security. 32. Pass Throuqh of Increased Refuse Ti~~inq Fees and Consumer Price Index (CPI) Increase. (F:163.1) City Manager Molendyk explained this item and clarified that this increase was agreed to as part of the original contract with C R & R. MOVED BY BENDER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE PASS THROUGH OF INCREASED REFUSE TIPPING FEES AND CONSUMER PRICE INDEX INCREASE. 33. Marine Search & Rescue Request for Liabilitv Insurance. (F:88.1) city Manager Molendyk stated that the Marine Search and Rescue has not been able to provide liability insurance through the State for the volunteer services. He explained that the State did not provide liability insurance due to the lack of sufficient training related to rescue techniques and lack of adequate scheduling of teams patrolling the Lake. In addition the Riverside County Sheriff's Department feels that if the group is going to be recognized it will have to have a non- profit status. Mr. Molendyk stated that what the staff report reflects is that the Joint Powers Insurance Authority, which is the insurance group the City is involved in, would not recognize this group unless it was formalized, with sufficient training and scheduling that would take place through the City. It was suggested that the group might want to consider affiliating with the Coast Guard Auxiliary to gain the proper training and insurance in order to maintain the volunteer efforts in serving the community. He indicated based on this information staff's recommendation would be to deny the request for the City to provide liability insurance and encourage their organization to work with the Coast Guard Auxiliary in developing a Lake Elsinore Division. - Bill Staples, Commander, Lake Elsinore Marine Search and Rescue Team, stated that his organization was organized in 1980 as a back-up force for the State rangers to do the towing of disabled boats. Originally they were considered volunteer State Park employees until 1986, and at that time they were eliminated from that status due to the liability insurance risk problems that arose at that time. He explained that the majority of the members have gone through the Coast Guard Auxiliary training course for small craft and at their PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 12, 1994 meetings, held once a month, a training film is presented. He gave an overview of their training procedures. He stated that since 1986, they were placed in a status of when they were called to perform they were covered by either the state or the Sheriff's Department. He stated that the members are concerned about the liability and they felt that they needed to be covered by a blanket policy. At this time the members are working as individual good samaritans. - Mayor Washburn asked what the cost for liability insurance would be for their organization. Mr. Staples stated that $1,000,000 insurance coverage would be approximately $3,500 per year. Councilman Alongi asked how many rescues the organization has performed in the last 14 years. Mr. staples stated that it has varied from 200 to 250 responses with 3 to 4 life saving incidents a year. In former years there were a number of body recoveries from loss of life in the Lake. Councilman Alongi asked if the City were to pay the fee for the insurance, would the organization have a problem being under the direction of the City with a set schedule of who will be available. Mr. Staples stated that his organization would have no problem with being under the direction of the City, but it would be difficult to provide a list of on-call persons, since they have operated on an as available basis only. Councilman Alongi stated that if the City were to pay for the insurance, they would have to have some assurance that there would be a set team available to function on a regular basis. Councilman Bender noted that it seems that the structure of government seems to be the problem and he asked if the organization could become involved with the Coast Guard Auxiliary which would answer the liability problem. Mr. Staples stated that it had been discussed by the organization and the members voted that they wished to remain independant of any other organization. He went on to detail their assistance to the public and their willingness to aid. Councilman Bender stated that the problem the City faces is whether they are an insurable group or not and at this time they are not, but they could be insurable with the Coast Guard. - Councilman Pape concurred with Councilman Bender. He stated that he appreciates the volunteers and all the work that they do, but he does feel that at this time there is no way to cover their group with the JPIA requirements. He stated the organization should get with staff to find out the guidelines and requirements of the JPIA and see what can be done. ci ty Manager Molendyk stated that the group has done good volunteer work for the City and the problems arose in 1986 when cities could not get insurance and the city had to become a member of the JPIA. He gave an overview of the necessary requirements for the City and stated that the Coast Guard Auxiliary seemed like a resonable approach. Councilman Alongi asked what the requirements are for insurance or is it just the money for the insurance that is a problem. Mr. Staples stated that it is the money for the insurance that is a problem. Councilman Alongi asked if the City might consider a grant to the organization for them to purchase the insurance. He explained that for that grant he - PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 12, 1994 - would like to see some type of a report that states how many responses were made and the nature of the responses. Councilman Alongi stated that he would entertain a motion to the effect that the City grant the money for the insurance, if the group would provide the Council with a monthly activity report. City Attorney Harper stated that the city would have to look at the requirements of the JPIA before such action could be taken. Councilman Alongi asked why if the City and RDA provided a grant, the City and RDA would be exposed to the liability. city Attorney Harper explained that the basis for their ability to operate comes from City funds and he stated that the city could be sued in the event that anything might happen. Councilman Alongi asked what would remove the city from that liability. city Attorney Harper stated that ,it would be an insurance that would additionally insure the city in the event of a liability since the JPIA would not cover this type of activity. Mayor Washburn concurred with Councilman Alongi and he stated that there are a lot of questions in regard to this issue and he would like to table this issue to get more information. Councilman Alongi asked that the organization acquire the information for an insurance policy from Lloyds of London to give input to the City staff. Mr. Staples stated that he will research the information that the City requires and work with staff. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO TABLE THIS ITEM, WITH THE LAKE ELSINORE MARINE SEARCH AND RESCUE TO PROVIDE INFORMATION TO STAFF AND RETURN TO COUNCIL AT A LATER DATE. 34. Request for Waiver of Development Fees on 411 Lanqstaff - Habitat for Humanity. (F:87.1) - city Manager Molendyk explained that the Habitat for Humanity is proposing a home which would be compatible with the infill program for the Downtown Area which conforms with the criteria of the Historic Downtown. He stated that he felt that this would be compatible with the surrounding homes and be an asset to the area as well as providing for affordable housing. Mr. Molendyk explained that staff recommends that city Council waive the development fees in the amount of $7,717.25, waive the off-site improvements as required by Condition of Approval No. 15, and approve the Redevelopment Agency's Letter of Agreement committing to pay all development fees related to the referenced project at a later date utilizing the 20% set aside when these funds become available, the total amount could be $11,717.25. Joseph Kelley, 33020 Wilson st., wildomar, gave an overview of the "Habitat for Humanity" and their goals. He explained that there will be an introduction of the family at the site on July 23, 1994 at 10:00 a.m. and extended an invitation to the Council and Staff. He explained the partnership which will exist between the family and the Habitat for Humanity. Mr. PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 12, 1994 Kelley explained that the family has resided in Lake Elsinore for 10 years and will provide 500 hours of "sweat equity" in order to be partners with Habitat for Humanity. He noted that the motto of the organization is "A hand up not a hand out". He explained that it is their goal to assist families to become homeowners and to build affordable housing to enhance the community. Mr. Kelly thanked the City Manager and Staff for their assistance. He explained that the project is made up of volunteers and is done with volunteer labor and donated __ materials. He stated that they are in need of construction personnel and asked that anyone interested in helping, please contact him. Councilman Alongi asked if the partner family is employed. Mr. Kelly stated that the father works for a school bus company. Councilman Alongi questioned the financing for "Habitat for Humanity". Mr. Kelley stated that the building is financed wi th a 20 year, no interest loan with the homeowner, and there are stipulations within the agreement that the house must remain an affordable house for the duration of the loan period. Habitat for Humanity has the first right for any refusal of sale prior to the end of the agreement. Councilman Alongi asked what income level is required to qualify for the Habitat for Humanity assistance. Mr. Kelly indicated that it was 50% to 80% of the medium income for Ri verside County. Councilman Alongi asked if this is low income housing. Mr. Kelley explained that it is owner occupied affordable housing for persons who can't afford home ownership. The persons can afford rentals, but do not qualify in the housing market. Councilman Alongi questioned the successes for the persons who live in the homes from Habitat for Humanity. Mr. Kelley stated that it has led to family security and allows for success. -- Councilman Alongi asked if in building these home does it increase the crime in the area or decrease the crime in the area. Mr. Kelly stated that it decreases the crime and that the homeowners enhance the area. Councilman Bender questioned the valuation of the dwelling and asked if that was the lot and house or just the bare cost of construction. Acting Chief Building Official Russell explained that the valuation is based on the value of the lot, the proposed square footage of the home and the fees for improvements are then set. He explained that they use the Tax Assessors guidelines for this formulation. Councilman Bender asked if this was a no interest loan or a low interest loan. Mr. Kelley stated that it is a no interest loan. Councilman Bender asked what happens if the family cannot make the mortgage paYments on the house. Mr. Kelley explained that the Habitat for Humanity forecloses on the house and resells it to another family. - Councilman Alongi asked if there have been foreclosures on Habitat homes. Mr. Kelley stated that there have been foreclosures in the past, but not typical of other foreclosures. The family returns the house in as good a shape PAGE NINETEEN - CITY COUNCIL MINUTES - JULY 12, 1994 as they receive it and the family nurturing committee keeps up with the homeowner and helps them to succeed, so that there is less possibility of foreclosure. MOVED BY BENDER, SECONDED BY ALONGI TO WAIVE DEVELOPMENT FEES AS ~ SHOWN ABOVE IN THE TOTAL AMOUNT OF $7,717.25; WAIVE THE OFF-SITE IMPROVEMENTS AS REQUIRED BY CONDITION OF APPROVAL NO. 15; APPROVE THE REDEVELOPMENT AGENCY'S LETTER OF AGREEMENT COMMITTING TO PAY ALL DEVELOPMENT FEES RELATED TO THE REFERENCED PROJECT AT A LATER DATE UTILIZING THE REDEVELOPMENT AGENCY'S 20% SET ASIDE WHEN THESE FUNDS BECOME AVAILABLE; AND INSTRUCT STAFF TO PREPARE FOR FUTURE CONSIDERATION A DRAFT LETTER OF AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND THE CITY COMMITTING THE REDEVELOPMENT AGENCY TO PAY ALL DEVELOPMENT FEES RELATED TO THE REFERENCED PROJECT AT A LATER DATE UTILIZING THE REDEVELOPMENT AGENCY'S 20% SET ASIDE WHEN THESE FUNDS BECOME AVAILABLE WITH CONDITIONS AS FOLLOW. Mayor Washburn asked that Mr. Kelley give the press the phone number of "Habitat for Humanity" so that volunteers will be able to make contact and offer their services and or donations. Mr. Kelley stated that the phone number is 1-800- 288-3446. Councilman Bender requested a roll call vote. THE FOREGOING MOTION WAS APPROVED UPON THE FOLLOWING ROLL CALL VOTE: AYES: - NOES: COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE PLANNING DIVISION 1. Design Review approval will lapse and be void unless building permits are issued within one (1) year of the Design Review Committee approval date. Yearly extensions may be granted by the Community Development Director or Designed upon request thirty (30) days prior to expiration. 2. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. Applicant shall use roofing materials with a minimum of class "A" fire rating. If asphalt rOOfing material is used on sloped roofs it shall be of the quali ty of Presidential Shake three dimensional shingles. Roofing material to be used shall be SUbject to the approval of the Community Development Manager or designed, prior to issuance of building permits. - 4. The project shall connect to sewer if a sewer line is within 200 feet of the project boundary unless it is demonstrated to the satisfaction of the Chief Building PAGE TWENTY - CITY COUNCIL MINUTES - JULY 12, 1994 Official that this is infeasible. If the project does not connect to sewer, applicant shall submit a Soils Report which includes a sewage disposal plan referenced to the grading plan and approved by the Riverside County Health Department. 5. Applicant shall plant street trees, selected from the City Street Tree List, a maximum of thirty feet (30') apart and twenty four inch (24") box in size as to meet the approval of the Community Development Manager or designed. - 6. All exterior air conditioning units, shall be ground mounted and screened so that they are not visible from neighboring property or pUblic streets. 7. A six-foot (6') high fence shall be constructed along the side and rear property lines and shall conform to Section 17.14.080 (Fences and Walls), subject to the approval of the Community Development Manager or designed prior to issuance of Certificate of Occupancy. Wooden fencing where allowed shall have an overlapping construction to prevent gaps from forming due to shrinkage and weathering. All wooden fencing shall be painted or treated to protect against weatherization and staining from irrigation over-spray. Also galvanized steel posts set in concrete shall be used for the fence vertical support. Compliance with this condition is subject to the approval of the Community Development Manager or designed prior to issuance of building permit. The use of chain-link fencing detracts from the overall 1920's concept, therefore is prohibited. Wall and fences over (3) feet in height in front yard areas are strongly discouraged. It is the overall intent to maintain a smooth transition between public and private spaces, and to maintain a "friendly" community identity. - 8. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 9. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 10. The address (in numerals at least four inches (4") high) shall be displayed near the entrance and be visible from the front of the unit. ENGINEERING DEPARTMENT 11. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 12. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. - 13. Pay all Capital Improvements and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). PAGE TWENTY-ONE - CITY COUNCIL MINUTES - JULY 12, 1994 - 14. Submit a "will-Serve" letter to the City Engineering Department, from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. 15. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the city Engineer prior to issuance of building permits (Lake elsinore Municipal Code 16.34). 16. Street improvements 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 (Lake Elsinore Municipal Code 12.04 and 16.34). 17. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78). 18. All compaction reports, grade specifications, monument certification (with tie notes delineated on 8 1/2" X 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements are scheduled and approved. - 19. Arrangements for relocation of utilities company facili ties (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or is agent. 20. On-site drainage shall be conveyed to a public facility or accepted by the adjacent property owner by a letter of drainage acceptance or conveyed to a drainage easement. 21. All natural drainage traversing the site shall be conveyed through site or provided for by a method approved by the City Engineer. 22. If grading exceeds 50 cubic yards, grading plans shall be prepared by a civil Engineer and approved prior to any grading, applicant shall obtain a grading permit and post appropriate security. 23 . Developer to provide a Federal Emergency Management Agency (FEMA) elevation certificate prior to building permit issuance. - 35. Ordinance No. 985 - Relating to Public Leaseback of Tax Allocation Revenue Notes. (F:134.10) City Attorney Harper stated that this item is related to the original financing of the Stadium. He explained that because of the interest rate situation at the time, the notes were financed with tax increment on a short term basis and it was anticipated that the City would refund them. He further explained that this item is similar to a certificate of Participation. city Attorney Harper stated that this will complete the refunding of the outstanding debt on the stadium. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JULY 12, 1994 He explained that the refunding will probably be insured, and if insured the refund savings should be in the several hundreds of thousands of dollars annually. He noted that even wi thout insurance, because of the interest rate reduction there will still be a fairly substantial savings on an annual basis. He explained that it is a statutory requirement as a condition precedent to doing any refinancing, the city must adopt an Ordinance authorizing the Lease-Back. MOVED BY WASHBURN, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 985, RELATING TO PUBLIC LEASEBACK OF TAX ALLOCATION REVENUE NOTES, UPON FIRST READING BY TITLE ONLY. -- Councilman Alongi asked if it was the intention of the City, while building the baseball field, to adopt this ordinance. City Attorney Harper stated that it was the intent to refinance for lower interest rates. Councilman Alongi asked if during the building of the Stadium with all the overruns, it was the intention of the former City Council to establish this ordinance and if it was, isn't that act in violation of the Brown Act. ci ty Attorney Harper stated that it was not. Councilman Alongi questioned what would happen if the current Council did not wish to approve this ordinance. City Attorney Harper stated that the note would become immediately payable. City Attorney Harper stated that this refunding is a combination of two things; 1) It was never intended for the bond issue to cover the entire cost of the stadium; 2) This refunding finances the cost of the loan for the stadium, but also the note for the land. He explained that the bond documents that were adopted by this Council, the indenture __ provides for the things that are going on now. If the Council did not wish to take this action, then they would incur substantial financial liability. city Attorney Harper stated that all of this was a part of the original financing. Councilman Alongi asked if the Council does approve the leaseback, does the responsibility then move from the Redevelopment Agency and fall on the City of Lake Elsinore. City Attorney Harper stated that the obligation of the financing does not change with the adoption of this ordinance or the refunding. Councilman Alongi questioned the responsibility for the payment and asked if it now comes from the General Fund. City Attorney Harper stated that it is a tax increment financing, but in order to do a Lease-Leaseback the statute requires that the City as opposed to the Redevelopment Agency enact this ordinance. He explained that a Lease-Leaseback requires two parties and in order for the City to do that an ordinance is required to put the act in motion. Councilman Alongi asked if the Redevelopment Agency's Tax Increment can not meet the obligation, is the City'S General Fund obligated to make up the difference. ci ty Attorney Harper clarified that this is a tax revenue financing. - THE FOREGOING MOTION WAS APPROVED UPON THE FOLLOWING ROLL CALL VOTE: ORDINANCE NO. 985 AN ORDINANCE OF THE CITY OF LAKE ELSINORE APPROVING PAGE TWENTY-THREE - CITY COUNCIL MINUTES - JULY 12, 1994 A PUBLIC LEASEBACK. AYES: COUNCILMEMBERS: BENDER, PAPE, WASHBURN NOES: COUNCILMEMBERS: ALONGI - ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE - 36. ReDort on Outlet Channel Fencina ReDlacement Plan. (F:92.2) city Manager Molendyk noted that in the original design of the Channel it had called for chain link fencing around the bridges and the whole length of the Channel. He explained that it was the intent of Council to eliminate all fencing through the middle of town. He further explained that for liability reasons there will be some fencing around the bridge areas as well near Swick and Matich Filed., Mr. Molendyk stated that Mr. Lowe was present to explain the areas proposed for fencing to resolve liability problems. He stated that Councilman Bender asked if wooden posts with chain could be used instead of guard-rail or chainlink fencing. James Lowe, 3 B's Construction, stated that the concrete K- Rail was discussed because it is reusable and saleable. He explained that if the Red Lion Inn located on Lakeshore and the City wanted to pullout 1000 feet the city could sell the K-Rail. Mayor Washburn asked for the K-Rail to be described. Mr. Lowe explained that it is concrete barrier which is used down the center of roadways. City Manager Molendyk noted the barriers used on the 91 Freeway. Mr. Lowe stated that some type of barrier should be used to prevent dumping in the channel, noting that he has removed refrigerators, tires, used furniture and trash from the channel on an ongoing basis. He stated something will have to be used to control illegal dumping. Mr. Lowe gave an overview of the areas where the fencing should be placed. Mayor Washburn stated that he would like to have a study session to discuss this issue. He explained that he understands the immediate needs for safety, but he felt that there should be more consideration regarding further fencing and landscaping. He stated that he is not prepared to take action at this meeting or until more time is given to consideration of all of the alternatives. He asked how much it costs to remove the barriers. Mr. Lowe stated that the cost of removal is off-set by the sale of the barriers. He explained the fencing used on the bridges and the fencing adjacent to the channel along the bridges. - Mayor Washburn asked if the barriers conform to the plan that the City is trying to get funded and will the city assume the maintenance on the Channel after it is complete. ci ty Manager Molendyk stated that the Riverside County Flood Control is in charge of basic maintenance, anything over that would be the responsibility of the City. Mr. Lowe stated that the K-Rail would be an interim method until development occurs and then the K-Rail could be recovered and used elsewhere or sold. city Manager Molendyk stated that perhaps further study can be done for alternative methods and brought back to Council at a special meeting or at the next regular meeting for a decision. PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - JULY 12, 1994 Mayor Washburn stated that he would like to table this item until Manager of Special Projects Watenpaugh returns and a special meeting or study session can be set to discuss this issue. He explained that this could affect the funding for the landscaping and it would like to have more information. Councilman Pape suggested that another crew for Graffiti Abatement would be needed if the K-Rail is used. MOVED BY WASHBURN, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO TABLE FENCING REPLACEMENT FOR THE OUTLET CHANNEL WITH A SPECIAL MEETING TO BE SET, POSSIBLY PRIOR TO THE NEXT REGULAR CITY COUNCIL MEETING TO MAKE A DETERMINATION. - 37. Designation of Voting Deleqate for the Southern California Joint Powers Insurance Authority Annual Meeting. (F:88.1) MOVED BY PAPE, SECONDED BY WASHBURN TO APPOINT MAYOR WASHBURN AS THE VOTING DELEGATE FOR THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ANNUAL MEETING AND THE APPROPRIATE STAFF MEMBER AS THE ALTERNATE (ADMINISTRATIVE SERVICES DIRECTOR BOONE). 38. Consideration of Policy Relatinq to Appointment of Planning Commissioners - Requested bv Councilman Alonqi. (F:60.2) Councilman Alongi indicated that he would like to see the current policy changed relating to appointment of Planning Commissioners. He suggested that each Councilmember could appoint a member to the Commission to eliminate political problems and provide a cross section of ideas and interest for each project. Councilman Pape stressed the need to keep the Planning _ Commission as non-political as possible, and suggested it would not be a good idea to have the Commission SUbject to influence by the Council. Mayor Pro Tem Bender indicated the he did not see how having each Councilmember appoint a Planning Commissioner would eliminate or improve the political nature. He indicated that he believed it would harm the process and he saw no reason to change at this time. Mayor Washburn indicated that action was not required on this item. 39. City Council Appointments. (F:44.1) Mayor Washburn explained that the Council serves as liaisons to other agencies and recommended the following appointments: Lake Elsinore Management Authority - Mayor Washburn (He noted that a similar appointment would need to be made by the Redevelopment Agency.) Western Riverside Council of Governments (W.R.C.O.G.) _ Delegate Councilman Pape Alternate Mayor Pro Tem Bender Riverside Transit Authority (R.T.A.) - Delegate Mayor Washburn Alternate Mayor Pro Tem Bender - PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - JULY 12, 1994 Riverside County Habitat Conservation Agency (R.C.H.C.A) - Delegate Mayor Washburn Alternate Councilman Pape - California Contract cities Association - Delegate Councilman Alongi MOVED BY WASHBURN, SECONDED BY PAPE TO APPROVE THE ABOVE LISTED APPOINTMENTS. Councilman Alongi declined the appointment to California Contract cities Association. MOVED BY WASHBURN, SECONDED BY BENDER TO APPOINT COUNCILMAN PAPE TO THE CALIFORNIA CONTRACT CITIES ASSOCIATION. THE FOREGOING MOTIONS CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSENT. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - Peter Dawson, 18010 Grand Avenue, representing the Lake Elsinore Valley Chamber of Commerce - Save the Lake Committee, noted that the group has concluded their first boater appreciation day and offered thanks to the Council past and present for their support on this event. He advised that a second such day will be held on August 6th. He further advised that the Committee is looking forward to a fishing derby and an excursion day for residents to go out on the Lake. He also recognized the regular participation by City representatives, Water District representatives and Elected Officials. Ace Vallejos, 15231 Cobre, indicated that he had requested to address item 14.b. and item 32 in addition to Public Comments, but had not been allowed to do so. He requested notification of the pUblication date for the notice on Annexation No. 65. He indicated that since he did not have the opportunity to speak on Item #32 he would hope it would come back to Council. He further commented on the proposed Lighting and Landscape Maintenance District fee increase. He indicated that he does not feel it would be a good idea. He questioned the existence of a City Suite at the Stadium and expressed concern that the taxpayers are paying for it. Councilman Alongi confirmed that there is a City Suite. Joy Porthunder, 115 S. Spring Street, Apr. 16, requested that Councilman Alongi resign because the Mayor is in his third term. She questioned the negativity being passed around by Councilman Alongi in a letter. CITY MANAGER COMMENTS None. - CITY COUNCIL COMMENTS Councilman Bender commented on the following: 1) Thanked the citizens of Lake Elsinore for their vote of confidence. He indicated that he will do his best and listen, while maintaining his philosophies. He hoped for courteous discussion by not only the Council, but also the speakers at the podium. He noted existing Council PAGE TWENTY-SIX - CITY COUNCIL MINUTES - JULY 12, 1994 policy pertaining to "decorum" and stressed the importance of common sense and common courtesy from both sides of the table. He requested that all participants attempt to adhere to appropriate decorum and refrain from personali ty issues. He further requested Communi ty support and respect for this pOlicy. Councilman Pape commented on the following: 1) Echoed the sentiments of councilman Bender and noted the privilege and honor he feels in serving on the Council. He indicated that he has also reviewed the Council policy manual and referenced verbiage relating to "professional attitude", commented that it is important to treat individuals and each other as professionals. - 2) July 4th Concert and Fireworks noting that there were approximately 14,000 in attendance and the fireworks were probably the best he has seen. 3) Noted the vacancy in the position of City Treasurer and advised that it must be filled within 30 days. He questioned the procedure and noted that action would be needed at the next meeting. 4) Announced the dedication of McVicker Park on July 23, 1994. Councilman Alongi commented on the following: 1) Commended the "Save the Lake" committee for all their efforts, and stated that it was up to the entire community to make their goals come true. - 2. Stated that he had a great time on the 4th of July and that the concert was really good. He noted that it is hard to remember the expense when you are having a good time. He stated that staff did a good job putting the concert together and reminded the public that the stadium was designed for 7,500 people when fully expanded and there were over 14,000 people in attendance which presented problems for staff and they did a great job. 3) Commented that both the Californian and Sun Tribune criticized him. He corrected the Sun Tribune regarding the vote for Mayor and the fact that he had passed the vote and did not abstain. He stated that the Californian had given him a raspberry and explained that he did not mind, except that they had stated that if he meant "no" he should vote "no" and that an abstention should be reserved for a Conflict of Interest. Councilman Alongi explained that he had a reason for passing and it was not an abstention. 4) Commented on the Letters to the Editor and addressed the letters written by Joy Porthunder and Don Burnell. Councilman Alongi and Mrs. Porthunder then had words. Councilman Alongi told Mrs. Porthunder that she was a drunk and should leave the meeting. Mayor Washburn then called a point of order and asked that both parties cease. He stated that there would be no comment from the audience and that Councilman Alongi would address the - PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - JULY 12, 1994 - issues and not fight with the audience. Councilman Alongi stated that he would comment on the issues. He read and commented on the Letters to the Editor. He stated in response to his "no" vote on sewers in Amber Ridge Tract he had promised the people there that he would help them, but he did not promise them that the city would pay for the sewers. He explained that there are other methods of getting sewer service without placing the burden on the rest of the taxpayers in the City for one area, while not make the affected property owners responsible. He further cited the section in Mr. Burnell's letter regarding Classic Western Productions and the guarantee of payment that he states that Councilman Alongi made on tape. Mr. Alongi stated that Mr. Burnell would have to produce the tape since what was said to Mr. Dominguez at the meeting was "If I guarantee the note would you vote for it". He stated that it was not necessary for him to guarantee the loan, since the persons who put on the activities are the persons who signed the note themselves. Councilman Alongi stated that in Mr. Burnell's letter he stated that on the night of the Recall Election to Recall Mayor Washburn that if he was not recalled that he and Councilwoman Cherveny would resign. He stated that he said he would consider steping down and that he is still considering it, but he did not say that he would. Councilman Alongi noted the part of the letter which stated that he was "badgering one of the local newspaper editors" and he stated that it was Charlie Hand who he felt was writing untrue things about him and that he would not sit still for it. He noted the section of the letter which stated that Mr. Alongi should use the bible instead of the dictionary. Councilman Alongi stated that he used the dictionary in order to be sure that he was using the words in the right context. He stated that as far as his Christianity is concerned he has met lots and lots of people who are trying to be Christians, but that he has yet met anyone who is Christlike. He noted that his comparison to Temecula is justified and stated that Temecula is a lot further than Lake Elsinore and a lot less in debt. He stated that he opposed the Wal-Mart deal because he feels that $7-1/2 million dollars was too much. He noted that Temecula kicked them out for $326,000. He stated that being overrun by 10 million dollars for the ball stadium is no joke. He felt that 10 million dollars is an irresponsible mistake. He further stated that the theaters in Temecula are supported by the business around them and not the City and he felt that Mr. Burnell was ignorant and stupid. He stated that in Mr. Burnell's letter that he stated that Lake Elsinore was "well on the way to being one of the shiniest diamonds". Councilman Alongi stated that for 24 million dollars it should be. He explained that he felt that the stadium should have been done for the 14 million dollars and probably could have been done for 10 million dollars if the City had taken the 18 months to do the job rather than being forced into the project by the ego of one person and the prosti tution of two others. He quoted the paper by saying that "Exactly when was it that the City's future was tied to a ball park and not the improvement of the Lake and for that matter why". Councilman Alongi stated - PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - JULY 12, 1994 that he has lived in this town for 28 years and read a letter that he sent to the Sun Tribune in response to Mr. Burnell's letter as follows: Mayor Washburn cautioned Councilman Alongi in regard to the length of time and asked that he consider the time because he also would like to have time to make comments. Councilman Alongi stated that he would. - MAYOR WASHBURN CALLED A POINT OF ORDER AND STATED THAT HE WOULD GRANT COUNCILMAN ALONGI TWO MORE MINUTES. THE POINT OF ORDER WAS SECONDED BY COUNCILMAN PAPE WITH A VOTE OF 3 TO 1 WITH COUNCILMAN ALONGI IN OPPOSITION TO THE POINT OF ORDER. Councilman Alongi indicated that the Council would have to drag him off the stage before he stopped reading the letter he wrote. Mayor Washburn cautioned him that he had two minutes to proceed. Councilman Alongi asked that Mayor Washburn not pursue this. Mayor Washburn stated that the body acted on the issue. Councilman Alongi stated that he did not care what the body said and indicated that he would read his letter. Mayor Washburn then asked that the television transmission be shut off. MOVED BY WASHBURN, SECONDED BY PAPE AND CARRIED BY 3 - 0 VOTE WITH COUNCILMAN ALONGI NOT RESPONDING TO TURN OFF THE MONITORS AND TELEVISION TRANSMISSION. TELEVISION TRANSMISSION AND THE MONITORS WERE TURNED OFF. - Councilman Alongi told Councilman Pape that he had no right to second the motion. Councilman Pape stated that Councilman Alongi was going to slander a private citizen. Councilman Alongi stated "you better believe I'm going to slander this citizen, you better believe it"; "It is none of your damn business what I do with this man". Mayor Washburn instructed Councilman Alongi to proceed. Councilman Alongi read his Letter to the Editor dated July 24, 1994. Councilman Alongi stated that he felt that Mayor Washburn was a disease to the city of Lake Elsinore. Mayor Washburn stated that Councilman Alongi's time was up. Councilman Alongi told Mayor Washburn to go to hell and indicated he would keep speaking until he was done. Mayor Washburn stated that he would be doing so by himself. Councilman Alongi stated that Mayor Washburn would not shut him down in this manner and would treat him like an elected official in this community equal to Mayor Washburn and not beneath him. - Mayor Washburn stated that Councilman Alongi was out of order PAGE TWENTY-NINE - CITY COUNCIL MINUTES - JULY 12, 1994 ,........ and that his comments were out of order and that he was creating a situation that the Chair will have to act on and he will not allow Councilman Alongi to berate individuals in this community, the staff or the city Council. He stated that the body asked Councilman Alongi to end in two minutes and the comments were coming back to the Chair. councilman Alongi stated that his comments are not finished. He stated that he had the right to make his comments. Mayor Washburn stated that he did not have the right and asked Councilman Alongi if he was trying to force him to ask the Sergeant At Arms to remove him from the meeting. Councilman Alongi stated that the Mayor should do what he thinks is right. Mayor Washburn stated that he would prefer not to have Councilman Alongi removed from the meeting. Councilman Alongi asked him to have the T.V. turned back on and remove him. Mayor Washburn stated that he does not need the media to take action. - Mayor Washburn commented on the following: 1) Noted attendance at Community Action Planning Meeting with approximately 70 participants from Lake Elsinore. He indicated that the meeting was well received and commended the School District for the meeting. 2) Commented on the July 4th Concert Traffic, staff is reviewing. CLOSED SESSION None. ADJOURNMENT MOVED BY PAPE, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE GULAR CITY COUNCIL MEETING AT 10:40 P.M. klUhl<-- WASHBURN, MAYOR LAKE ELSINORE ~~w VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE