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HomeMy WebLinkAbout10-11-1994 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 11, 1994 - ***************************************************************** CALL TO ORDER The Regular city council Meeting was called to order by Mayor Washburn at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILKEKBERS: BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILKEKBERS: ALONGI Also present were: city Manager Molendyk, Assistant City Manager Rogers, ci ty Attorney Harper, Administrati ve Services Director Boone, City Planner LeSlie, Interim Chief Building Official Russell, Community services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, city Treasurer Kelley and city Clerk Kasad. - PRESENTATIONS/CEREMONIALS a. UDdate on McVicker Canyon Park. (F:114.12) City Manager Molendyk noted the location of McVicker Canyon Park. Community Services Director Sapp showed slides of the work underway and noted that Centex has dedicated the land for this 18 acre park. He further noted that the project was somewhat delayed by the rains of 1993. He advised that ground was broken on June 8, 1994 and the park will be open for the next baseball season. He detailed the improvements which will be provided including 168 parking space lot, restrooms, field lighting, etc. City Manager Molendyk expressed appreciation to the developers involved in Community Facilities District 88-3 for the parks and other amenities they have provided for the community. Mayor Washburn commented that the plan looks very nice and noted the compressed schedule to provide the park for the baseball season. PUBLIC COMMENTS - AGENDIZED ITEMS - Requests were received to address Item No. 6 and deferred to that discussion. CONSENT CALENDAR Item No. 6 was pulled from the Consent Calendar and deferred until after Item No. 24 of this agenda. MOVED BY BRINLEY, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 11, 1994 OP THOSE PRESENT TO APPROVE THE BALANCE OP THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:44.4) a. City Council study Session Minutes - August 25, 1994. b. City council study Session Minutes - September 1, 1994. __ c. Special Joint City Council/Redevelopment Agency Meeting - September 15, 1994. d. Regular City Council Minutes - September 27, 1994. The following Minutes were received and ordered filed: e. Planning Commission Minutes - September 21, 1994. (F:60.3) f. Design Review Committee - September 21, 1994. (60.4) 2. Received and ordered filed the Building Activity Report for September, 1994. (F:32.2) 3. Received and ordered filed the Code Enforcement Activity Report for September, 1994. (F:54.1) 4. Ratified Warrant List for September 29, 1994. (F:12.3) 5. Rejected and referred to Claims Administrator for handling the Claims Against the city filed by Ida Fernandez-Torres (CL# 94- 22) and Lori, Jared, Melissa & Monique Reichard (CL# 94-23). (F:52.2) Accepted Notice of Completion for the Senior Center Project (Outdoor Recreational Improvements) and authorize the city Clerk to have the document recorded. (F:144.3) - 7. 8. Approved the following Cost Recoveries for Abatement: (F:32.4) a. 114 North Lowell - Raul & Bernice Villanueva - $1,327.92. b. 3580/3600 Nashland - Sylvia Peretz - $827.92. c. 182 North Woodlake - Sprague/Virgil - $1,107.07. d. 17462 DeBrask - Jorge & Joanne Cuevas - $780.57. e. 3501 Eisenhower - James Wood - $608.29. f. 3523 Cherry Blossom Lane - State Street Bank - $829.15. g. 15410 Grand - Grand River Limited - $1106.79. h. 17934 Foster - William & Phyllis Nichols - $427.92. i. 32304 Machado - Mary Cloer - $802.92. j. 282 East Hill - Carmen Dipini - $677.92. k. 410 North Langstaff - Marvin & Cheryl Wright - $929.98. 1. 883 Robin - Gregory Stafford - $622.92. m. 17747 Skyline - Rancon Property - $1,786.91. n. 160 South Chestnut - Richard & Lauri Berg - $727.92. o. 29078 Palm View - Robert & Denise Sellevold - $827.92. p. 132 East Peck - conception Mendoza - $2,877.92. q. 3620 Nashland - Wagner/Park - $628.37. r. 512 North Ellis - Louis Angel - $777.92. s. 25284 Lincoln Street - John & Harriet Swihart - $1,580.43. t. 3581 Nashland - Hogar Feliz Inc. - $1,015.29. u. 1193 Lake vista - Jackson & Jennie Taylor - $1,613.82. v. 15721 Laguna - R. & Kristina Schweitzer - $895.23. w. Lot on Robb Road - Komerica Land Devel. Corp. - $927.92. ...... PAGE THREE - CXTY COUNCXL MXNUTES - OCTOBER 11, 1994 x. 30301 Palm Drive - Clyde & Janetta Dunwoody - $2,706.00. y. 309 North Lowell - Edward & otilia Searles - $1,040.05. z. 276 North Main Street - Raj & Santosh Kumar - $789.67. - PUBLXC HEARXHG 21. Tentative Parcel MaD No. 28037 - Located within the Lake Elsinore city Center - continued from September 27. 1994. (F:ll0.2) City Manager Molendyk noted that this item was continued from the last meeting at the request of the developer. He further noted that this map is located in the Walmart project area and is inconsistent with the Specific Plan for the site. The City Clerk reported no written comments or protests. Mayor Washburn requested clarification of the recommendations with regard to the site not being suitable. city Planner Leslie indicated that the findings were that the site was not suitable due to the fill and the nature of the crib wall. He pointed out that the crib wall can not be near the pad for the building. He also noted that the Planning Commission expressed concern with a gas station at this location. He explained that splitting the parcel raised concerns that a smaller parcel would not allow for a full service type restaurant, as neither pad would accommodate one. - Councilman Pape requested clarification that the original plan was for a full service restaurant versus the present proposal for a fast food restaurant. Mr. Leslie confirmed that the original specific plan and site plan anticipated a full service restaurant. Councilman Pape expressed concurrence with the recommendations of the Planning Commission and their concerns for placement of the building in the vicinity of the crib wall. He stressed the beautiful view of the valley from this site and indicated that he doesn't feel a fast food restaurant would be the best use. He encouraged staff to assist the developer where possible in drawing an appropriate restaurant. He suggested working with the Water District for reduced sewer hook-up fees as further enticement for a restaurant. Mayor Pro Tem Bender concurred that this site has an exceptional view and is aesthetically pleasing. He indicated that he wants to see quality upgrades compatible with the area. He stressed that he does not want to see a fast food restaurant and a gas station. Mayor Washburn opened the public hearing at 7:20 p.m., asking those persons interested in this item to speak. The following person spoke: - Bob Saldo, resident of Alta Lena Street in Tuscany Hills, concurred with the Council comments on this development. He indicated that there is already plenty of fast food debris scattered in the area and an additional restaurant of this type is not needed. Mayor Washburn closed the public hearing at 7:21 p.m. Councilwoman Brinley noted that she sat on the Planning PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 11, 1994 commission considered this item and reiterated her concerns with the project. She stressed the need to be cautious with the appearance of future buildings, because of the upgraded design of the Walmart Store. She indicated that she too would want to see a full service restaurant at that location. Mayor Washburn questioned the proposed building pad. Mr. Leslie indicated that it was engineered for an appropriate __ building in the original plan above the retaining wall, rather than the crib wall. He stressed that size of the required setback from a crib wall. He reiterated that this proposed map is not consistent with the original site plan. MOVED BY BENDER, SECONDED BY BRINLEY TO UPHOLD THE PLANNING COMMISSION RECOMMENDATION TO DENY TENTATIVE PARCEL HAP NO. 28037 BASED ON THE FINDINGS. Mayor Washburn asked staff to work with the project to assist in attracting a good restaurant. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. Findinqs 1. The proposed map is not consistent with the approved specific plan and subsequent approved site plan. 2. The site is not physically suitable for the type of proposed development. 22. Sea90rt Boat Launch/Mitiqated Neqative Declaration. (F:92.S) _ City Manager Molendyk noted the recent announcement of the approval of an Assembly Bill granting $800,000 for a permanent launch ramp facility on Lakeshore Drive at Poe Street. He explained that the Negative Declaration is the first step toward building the project. He thanked Senator Presley for his assistance in gaining these funds for the city. Manager of Special Projects Watenpaugh reminded Council of the approved Lake Edge Master Plan, which stated that the first priority was a boat launch for use from minimum to maximum water levels. He detailed the application process and explained the approval granted by Assembly Bill 3661 (Allen). He noted that Boating and Waterways must still meet on this item to give the final approval for the funds, but advised that their November meeting has been cancelled. He further advised that he is investigating how soon the next meeting will occur. He detailed the time line for construction of the project with approximately 2-1/2 months for design and 4 to 8 months for construction. He noted that Boating and Waterways has requested dedication of land for eight ramps, while only authorizing the construction of four at this time, with potential for future expansion to eight. City Manager Molendyk noted the parking design and clarified that it would be across from the Police Department. -- Mayor Pro Tem Bender thanked Mr. Watenpaugh and staff for their efforts on this grant, and stressed that it is for $800,000. He indicated that there has been a strong effort by PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 11, 1994 ci ty Staff, the Chamber of commerce, the Save the Lake Committee; in meeting with the Senators and other legislators to gain this grant. He congratulated staff for their success on this item. - The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:30 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:30 p.m. MOVED BY BENDER, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT THE MITIGATED NEGATIVE DECLARATZON FOR THE SEPARATE BOAT LAUNCH FACILITY. 23. Amendments to Enqineerinq Report - Assessment District 93-1 - Cottonwood Hills. (F:22.3) City Attorney Harper reminded the Council of the formation of this District in connection with Pardee Development's proj ect. He noted that these amendments are to reflect the amouQt of the actual assessments based on the final bond issuance amount. The City Clerk reported no written comments or protests. - Mayor Washburn opened the public hearing at 7:32 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:32 p.m. MOVED BY PAPE, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AMENDED ENGINEER'S REPORT AS PRESENTED BY BSI CONSULTANTS. APPEAL 24. Appeal of Declaration of Nuisance - Banners. (F:21.1) City Attorney Harper indicated that based on his discussion with the property owners, they have withdrawn the appeal and will receive a refund of the appeal fee. He noted that minimal payment for the banners may be necessary, but the matter is substantially resolved. ITEM PULLED FROM CONSENT CALENDAR 6. Structure Abatement of 305 West Sumner Avenue. (F:32.4) City Manager Molendyk gave a brief history and overview of this action and stated that over the last year, the owner has been given time to acquire funding to repair the problem. He explained that because of the lapsed time staff felt that it was appropriate to go out to bid to insure that the figures were still current as they relate to abatement cost. City Manager Molendyk stated that it is staff's recommendation that council accept the lowest bid and direct staff to proceed with the complete abatement of the property or any other options that Council might want to consider. City Manager Molendyk explained that this has been in the abatement process for quite some time and staff has consistently worked with the applicant along with Council. - PAGE SZX - CZTY COUNCZL MZNUTES - OCTOBER 11, 1994 Mayor Washburn asked if there had been any contact with the owner of the property. Acting Chief Building Official Russell stated that there had been some contact, but no financial statements or loan approvals have been submitted. Mayor Pro Tem Bender asked if asbestos was found in the structure. Acting Chief Building Official Russell stated that asbestos was found to be in the structure and the removal was -- included as part of the bid. Mayor Pro Tem Bender asked if there were other Health and Safety problems with the structure. Acting Chief Building Official Russell stated that there are. Mayor Washburn then called upon those persons who had submitted requests to speak, as follows: Mariana Mohylyn, 305 W. Sumner, stated that in her opinion, the home is structurally sound and she felt that it is her duty to save the home. She made note of the problems she has had in trying to acquire financing for this project and stated that she has found someone to help her. She explained that she would like to see the City pursue some type of loan program with a low to no interest rate to assist people to repair their homes. Craig Phillips, Gabric Construction, 20171 Ross Road, stated that Mr. Gabric of Gabric Construction has done a survey of 305 West Sumner and has agreed to take on the remodeling and rehabilitation project and will finance this project through an agreement with Mrs. Mohylyn. He explained the Company will need time to acquire the permits and that it is proposed to rehabilitate the house and turn it into a duplex which will -- include corrections of all listed violations. Mr. Phillips asked that Council grant the time for his Company to acquire the permits. Councilman Pape asked what the square footage of the house is. Mr. Phillips stated that it is approximately 1000 square feet and his company will add the additional square footage required by code to convert to a duplex. Mr. Phillips stated that he had met with the Planning Department this morning and he explained that it is possible to go either way, either a single family home or a duplex. He made note of the work his company will be doing. Mayor Washburn asked how long it would take to file the request to bring the house structurally up to code, not counting the time for processing if it is decided to go to duplex. Mr. Phillips stated that they still need to get the architect to draw up the plans, so it would be the 18th before plans can be submitted. Councilwoman Brinley asked if Mr. Phillips would be able to present a financial agreement to Acting Chief Building Official Russell by the end of the week. Mr. Phillips stated that they would. -- Mayor Washburn stated that the owner has the right to do structural up-grades based upon a report by a structural engineer, which can be done fairly quickly. He explained that if the structure were to be made into a duplex, then that PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 11, 1994 would have to go through the Planning Department and to Planning Commission. - Mr. Phillips stated that due to the need to replace all the wiring, all of the interior drywall will have to be replaced, so the interior will all be brand new. Mayor Washburn stated that what concerns him, is that approximately 15 years ago this same type of issue was addressed and when the company started the project they found that the structure was not salvageable and then the city was back in the position of either boarding up the structure or tearing it down. He asked whose responsibility that would be. Mr. Phillips stated that Gabric Construction is a licensed contractor and he feels that there is nothing wrong with the structure that cannot be fixed. He explained that the structure is sound and the majority of the problems are electrical, plumbing and cosmetic. City Manager Molendyk explained that City Planner Leslie met earlier today with the contractor and would answer any questions that Council might wish to ask. Councilman Pape asked who will have title to the property. Mr. Phillips stated that Gabric Construction will enter into a first trust with Mrs. Mohylyn and upon completion of the job it will be refinanced and placed back into her name. - Mayor Pro Tem Bender asked City Planner Leslie to address this issue. City Planner Leslie stated that the contractor did not have any plans for remodeling the structure yet, but they did have plans of the current structure and concepts were discussed. He explained that the zoning of the property will allow for a duplex if they can meet the required parking requirements for a duplex and the minimum dwelling size. He noted that any exterior remodeling would have to be consistent with the goals and objectives of the Historic Downtown Design Standards. - Councilman Pape asked what the minimum size for each unit would be. City Planner Leslie stated that it would have to be approximately 1,100 square feet total. Councilman Pape asked if there is enough room to accomplish conversion to a duplex. City Planner Leslie stated that the current structure does not have enough room and more are would have to be added to the existing structure to meet the requirements. Councilwoman Brinley asked if there was curb and gutter at this site. City Planner Leslie stated that there is not. Councilwoman Brinley asked if the owner would have to do those improvements at time of the structural improvement, or could the money be placed in an account and used when the other areas are improved. City Planner Leslie stated that if it is required, then it will have to be in place before the structure will be allowed to be occupied. Councilman Pape stated that in the past he understood that it would cost $43,000 to rehabilitate the structure and to this point and time he has not seen anything to show him that the financing is firm. PAGE EXGHT - CXTY COUNCXL HXNUTES - OCTOBER 11, 1994 city Attorney Harper stated that his understanding was that the contractor was willing to front the costs and take the risk that it can be refinanced when the project is complete. Councilman Pape asked if the contractor is proposing to front the money in this manner. Mr. Phillips stated that in the process of remodeling the house, there will be no exterior changes in the front of the home; the addition will be done in __ the back of the house and the parking will be in the back as well. Councilman Pape asked if they had planned on the curb and gutter as well. Mr. Phillips stated that they had not. He stated that the bid of $43,000 seemed rather high, and Mr. Gabric estimated that the repairs and addition would only be approximately $20,000. He explained that if curb and gutters are required, then $43,000 is a reasonable figure. Mayor Washburn stated that he is not willing to trade a duplex for necessary repairs for a home that has real structural problems. He stated that he felt that the original standard should be met and it has been his experience that duplexes in older areas can create real social problems. Mr. Phillips stated that if Council would like to see the home remain a single family dwelling, then his company is prepared to address it in that manner. City Attorney Harper stated that Council's option is to either accept the bid and proceed with the abatement or to continue the item for two weeks and have the issue brought back to Council for a final decision. Mr. Phillips stated that he would ask Council to allow them the time to put the package together for Council to consider. __ Councilwoman Brinley stated that she would like to see this structure remain a single family home and have the item brought back in two weeks. Councilman Pape stated that he would also like to see it remain a single family dwelling. Mayor Pro Tem Bender stated that he would be in favor of granting a two week continuance if the structure remains a single family residence and if the contractor can produce the results in the next two weeks, but at that time he will not be willing to grant more time. Mr. Phillips stated that his company is willing to reha~ate the structure and a two continuance would give them the time to put the project together and present the item to Council. City Attorney Harper suggested that this item be continued for two weeks and give the contractor the opportunity to present his plan to Council. HOVED BY BENDER, SECONDED BY BRXNLEY AND CARRXED BY UNANXHOUS VOTE OF THOSE PRESENT TO CONTXNUE THE STRUCTURE ABATEMENT OF 305 WEST SUMNER AVENUE TO THE NEXT REGULAR CXTY COUNCXL HEETXNG PENDXNG THE SUBHXTTAL OF A FXNANCXAL STATEMENT, THE DnWXNGS, PLANS AND ENGXNEERXNG NEED OF THE STRUCTURE OR XT WXLL RETURN TO THE ABATEMENT PROCESS. ..... PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 11, 1994 BUSINESS ITEMS None. - THE CITY COUNCIL MEETING WAS RECESSED AT 7:59 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:24 P.M PUBLIC COMKEHTS - NON-AGEHDIZED ITEMS None. CITY MANAGER COMKEHTS City Manager/Executive Director Molendyk noted a meeting with McArthur/Glen Group and advised that they anticipate starting on the last 25 stores in the spring of 1995, for completion by Christmas, 1995. This will make a total of 120 stores. Work is also underway to coordinate parking for this Christmas Season. CITY COUNCIL COMKEHTS Councilman/Chairman Pape commented on the following: 1) Noted the Theater Proj ect update and discussion regarding a local contractor. He advised that he has walked the project site and spent time with the project foreman. He expressed excitement with the project to date, noting that it is a state of the Art facility. He noted the concern of the foreman to get the project done on time and on budget, with appropriate quality materials. - councilwoman/Boardmember Brinley commented on the following: 1) Concurred with Councilman Pape that the theater project is exciting, noting that the Community has waited a long time for local entertainment. 2) Thanked the Friends of the Library for the good time at their fundraiser. Commended Jim snyder for his work on the decorations for this event. Mayor Pro Tem/Vice Chairman Bender commented on the following: 1) Noted that there are a lot of exciting thin9~ happening in the community. He stressed the effQrts required to bring about changes and thanked pric~: city Councils, Planning Commissioners, City staff and resiaC:21ts for their efforts. 2) Noted the recent fish kill and thanked start fo~ their efforts in picking up dead fish. He expressed understanding of the unfavorable aspects of this job. Mayor/Boardmember Washburn commented on the following: 1) Announced the Shakespearean Play "Twelfth Night" to be presented on Saturday, October 15th at the Cultural Center, noting that there will be performances at 1 p.m. and 7 p.m. Community Services Director Sapp further detailed the upcoming event. PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 11, 1994 2) Thanked the V.F.W. for their invitation to the Candlelight Vigil service. 3) Congratulated Commissioner Bullard on his selection as Chairman of the Planning Commission. 4) Noted that progress is being made on Area J planning. He encouraged the Neighborhood Watch groups to become involved. - 5) Requested that Captain Yankee report back to Council on the recent Crime Bill and what benefit the City could expect from it. 6) Commented on the efforts of the Save the Lake Committee. 7) Announced that Mayor Pro Tem Bender would be attending the Sewer Task Force Meeting with the Water District to review the problems with septic systems polluting the lake. He thanked staff for their support on this effort. 8) Commented that at times the City staff is overwhelmed by the projects ongoing in the City, and work more like a City with a population of 100,000. He thanked staff for their efforts. CLOSED SESSION None. ADJOURNHENT - MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:34 P.M. {i ~~!ib~ GARY .. WASHBURN, HAYOR CITY F LAKE ELSINORE ., , CITY CLERK CITY Og .LAKE ELBINORE ....