HomeMy WebLinkAbout05-11-1999 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MAY 11,1999
...............................................................................
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Kelley at 7:01
p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Schiffner.
INVOCATION
The Invocation was provided by Pastor Alfred Macias, First Assembly of God
Church.
ROLL CALL
PRESENT: COUNCILMEMBERS: METZE, SCHIFFNER
PAPE;KELLEY
ABSENT: COUNCILMEMBER: BRINLEY
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Boone, Community
Development Director Brady, Community Services Director Sapp, Police
Chief Walsh, Fire Chief Seabert and City Clerk Kasad.
Mayor Kelley stated that she had a request from the City Attorney to add an
urgency item to the Agenda allowing the City to study issues relating to Fortune
Telling.
MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY
iJNAlvIMOUS VOTE OF THOSE PRESENT TO ADD ITEM NO. 34 TO
THE AGENDA.
PUBLIC COMMENTS - AGENDIZED ITEMS
A request was received to address the following item and deferred to that
discussion.
Item No. 7
PAGE TWO - CITY COUNCIL MINUTES - MAY 11,1999
CONSENT CALENDAR ITEMS
The following items were pulled from the Consent Calendar for further discussion
and consideration.
Items Pulled: No. 7
MOVED BY SCHIFFNER, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
The following Minutes were approved:
a. Special City Council Meeting - April 8, 1999 (F:44.4)
b. Regular City Council Meeting - April 27, 1999
2. Ratified Warrant List of Apri129,1999. (F:12.3)
Awarded contract for the Spring Street Pavement Rehabilitation Project to
R.J. Noble Company in the amount of $238,178 and authorized the transfer
of Measure A Funds in the amount of $72,000. (F:156.2).
4. Approved the Planning Agreement for Multiple Species Habitat
Conservation. (F:68.1)(X:76.1)
Approved the Annual Consumer Price Index Increase for Refuse Collection
requested by C R& R effective July 1, 1999. (F:68.1)(X:163.1)
Approved the Agreement for Construction Staging Location for the
Railroad Canyon Median Landscape Project and authorized the City
Manager to execute the Agreement. (F:156.2)
PUBLIC HEARINGS
21. Tentative Parcel Map No. 29241- DGS Development Partners. (F:110.2)
City Manager Watenpaugh stated that he would defer this item to
Community Development Director Brady. He noted that.this item is for the
approval of the Banana Boat development.
Community Development Director Brady explained that this request is for
approval of Tentative Parcel Map 29241 by DGS Development Partners,
also known as the Banana Boat project. He noted that this would split the
parcel into two parcels; one parcel for their warehouse/office use and the
second parcel for a vehicle storage facility.
Mayor Kelley opened the public hearing at 7:05 p.m. and asked if any
person wished to speak in favor or opposition of the project. Hearing no
one, Mayor Kelley closed the public hearing at 7:06 p.m.
PAGE THREE - CITY COUNCIL MINUTES - MAY 11,1999
Councilman Schiffner stated that he was happy to see the construction
proceeding and glad to see the project move forward.
Councilman Pape stated that the project has already been approved and this
is just a housekeeping item.
MOVED BY SCHIFFNER, SECONDED BY METZE AND CARRIED BY
UNANIMOi7S VOTE OF THOSE PRESENT TO APPRO~?E TENTATIVE
PARCEL MAP NO. 29241 BASED ON THE FOLLOWING FINDINGS AND
CONDITIONS:
FINDINGS:
1. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan. The proposed
subdivision is compatible with the objectives, policies, general land uses
and programs specified in the General Plan (Government Code Section
66473.5).
2. The effects this project are likely to have upon the housing needs of the
region, the public service requirements of its residents and the available
fiscal and environmental resources have been considered and balanced.
3. Subject to the attached conditions of approval, the proposed project is not
anticipated to result in any significant environmental impact.
CONDITIONS OF APPROVAL:
Plannin~ Division
1. Tentative Parcel Map No. 29241 will expire two (2) years from date of
approval unless within that period of time a final map has been filed with
the County Recorder, or an extension of time is granted by the City of Lake
Elsinore City Council in accordance with the Subdivision Map Act.
2. Tentative Tract Map No. 29241 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of
the Lake Elsinore Municipal Code, Title 16 unless modified by approved
conditions of approval.
3. A precise survey with closures for boundaries and all lots shall be provided,
per City Ordinance.
4. The City's Noise Ordinance must be met during all site preparation activity.
5. Pay all applicable fees including park fees in force at time of issuance of
building permits.
PAGE FOUR - CITY COUNCIL MINUTES - MAY 11,1999
6. A11 of the improvements shall be designed by developer's Civil Engineer to
the specifications of the City of Lake Elsinore.
7. Applicant must meet all requirements of Elsinore Valley Municipal Water
District (EVMWD).
The applicant shall provide connection to public sewer for each lot within
the subdivision. No service laterals shall cross adjacent property lines and
shall be delineated on engineering sewer plans and profiles for submittal to
the EVMWD.
9. Meet all requirements of Southern California Edison Company.
10. Meet all requirements of Southern California Gas Company.
11. Meet all requirements of General Telephone Company.
En ineerin~ Division
12. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to final map approval.
13. All improvement plans and tract maps shall be digitized. At Certificate of
Occupancy applicant shall submit tapes and/ar discs which are compatible
with City's ARC Info/GIS or developer to pay $300 per sheet for City
digitizing.
14. Applicant shall comply with all applicable conditions of approval far
Industrial Project No. 98-3 prior to final map approval.
15. Applicant shall enter into an agreement with the City for the construction of
public works improvements and shall post the appropriate bonds prior to
final map approval.
16. Developer shall install blue reflective pavement markers in the street at all
fire hydrant locations.
17. Applicant shall provide the City with proof of his having filed a Notice of
Intent with the Regional Water Quality Control Board for the National
Pollutant Discharge Elimination System (NPDES) program with a Storm
Water Pollution Prevention plan prior to issuance of grading permits.
22. Extension of Time Requests for Vestin~ Tentative Tract Map No 23848
~Pardee Construction Companyl located within the Cottonwood Hills
S~ecific Plan. (F:160.2)
PAGE FIVE - CITY COUNCIL MINTJTES - MAY 11,1999
Community Development Director Brady gave an overview of the project
and explained that this is a request by Pardee Construction Company for an
extension of five (5) years to their Tentative Tract Map No. 23848, which
would be May 11, 2004. He noted that staff has presented additional
conditions and explained that the applicant agrees to those conditions.
Mayor Kelley opened the public hearing at 7:10 p.m. and asked those in
favor of the project to speak.
7im Bullard of Pardee Construction Company spoke in favor of the project
and stated that they concur with the additional conditions.
Mayor Kelley asked if there were any persons wishing to speak in
opposition to the matter. Hearing none the public hearing was closed at
7:11 p.m.
Councilman Pape stated that this is another housekeeping item and
suggested that Council should move forward with the staffls
recommendation.
Mayor Pro Tem Metze stated that he was satisfied with the item since the
applicant concurs with the additional conditions.
Councilman Schiffner commented that he has no problem with the project
and stated that it is his understanding that there will be construction of a
portion of the project in the not too distant future.
Mayor Kelley complimented staff on their report and commended them on a
goodjob.
MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE FIVE YEAR EXTENSION OF
TIME TO EXPIRE ON MAY 11, 2004 FOR VESTING TENTATIVE
TRACT MAP NO. 23848 BASED ON THE FOLLOWING FINDINGS AND
ADDITIONAL CONDITIONS:
FINDINGS:
1. Substantial progress toward the development of this Tract Map has taken
place.
' 2. Conditions have been added by the Engineering and Planning Divisions to
insure the development will not impact public health, safety and welfare.
3. The project as proposed and conditioned is consistent with the Goals,
Policies, and Objectives of the General Plan and the Cottonwood Hills
Specific Plan.
PAGE SIX - CITY COUNCIL MINUTES - MAY 11,1999
ADDITIONAL CONDITIONS OF APPROVAL•
70. Applicant shall submit a traffic control plan showing all traffic control
devices for the tract to be approved prior to final map approval. All traffic
control devices shall be installed prior to final inspection of public
improvements. This includes No Parking and Street Sweeping Signs for
streets within the tract.
71. Intersection site distance shall meet the design criteria of the Caltrans
Design Manual (particular attention should be taken for intersections on the
inside of curves). If site distance can be obstructed, a special limited use
easement must be recorded to limit the slope, type of landscaping and wall
placement.
72. Applicant shall provide the city with proof of his having filed a Notice of
Intent with the Regional Water Quality Co
PAGE SEVEN - CITY COUNCIL MINUTES - MAY 11,1999
ABSENT: COUNCILMEMBERS: BRINLEY
ABSTAIN: COUNCILMEMBERS: NONE
32. Second Readin~ - Ordinance No. 1047 - relating to the Subdivision Map
Act. (F:160.2)(X:60.1)
MOVED BY PAPE, SECONDED BY METZE TO ADOPT ORDINANCE
N0.1047 UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO. 1047
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA ADDING SECTION 16.68A15 TO
CHAPTER 16 OF THE LAKE ELSINORE MUNICIPAL CODE,
ALLOWING FOR THE AMENDING OF FINAL MAPS PURSUANT
TO THE SUBDIVISION MAP ACT, GOVERNMENT CODE
SECTION 66472.1.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: METZE, SCHIFFNER,
PAPE,KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRINLEY
ABSTAIN: COUNCILMEMBERS: NONE
33. Proposed Nichols Road and Coal Road Street Number Chanee. (F:158.1)
City Manager Watenpaugh stated that this is a request from Prime Outlets to
rename the southwestern portion of Nichols Road and Coal Road to Outlet
Center Parkway. He noted that this is a request from staff to gain direction
from Council to pursue this item and set a public hearing.
Mayor Pro Tem Metze stated that he has a problem with this item since it is
Prime Outlets asking for this name change and not the public. He stated
that he does not see the need to take this action at this time. He noted that
since Prime Outlets has taken over the Outlet Center he has seen an increase
in vacancies, especially the larger tenants. He stated that he does not know
if he wants to commit to changing the name of the street until Council sees a
firmer commitment from Prime Outlets towards the City. He further noted
that until Prime Outlet took over the Outlet Center it was rated tops of all of
the Outlef Centers. The name "Nichols Road" did not hurt the Outlet Center
in the past and he does not see a real need for a change.
PAGE EIGHT - CITY COUNCIL MINLTTES - MAY 11,1999
Councilman Pape asked how this change would impact the Raceway since
this will be a major entrance to the Raceway. He stated that Coal Road has
some historical significance due to the mining activities in that area, and if
the name were changed he would still like to retain the historical
significance. He asked if part of the road could reflect the Outlet Center and
part of the roadway retain the original name. He commented that possibly
the way to address this is through a public hearing.
Councilman Schiffner stated that he is in favor of doing anything that would
help to fill up our retail businesses and noted that this change would have
no financial impact on the City. He further stated that he would be in favor
of having a public hearing to find out what other people think. He noted
that the willingness to hold a public hearing does not mean that he is in
favor of changing the name.
Mayor Kelley stated that she has no problem with scheduling a pubic
hearing since she feels that it gives the public an opportunity to express
their opinion regarding a potential name change. She concurred with
Councilman Schiffner regarding assisting our retail businesses in the City.
MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY A 3
-1 VOTE WITH METZE CASTING THE DISCENTING VOTE AND
BRINLEY ABSENT TO AUTHORIZE STAFF TO PROCEED WITH THE
NECESSARY STEPS AND SCHEDULING OF A PUBLIC HEARING FOR
THE CONSIDERATION OF A PROPOSED NAME CHANGE FROM
NICHOLS ROAD AND COAL ROAD TO OUTLET CENTER PARKWAY.
34. Interim Urgency Ordinance No. 1048. prohibitin~ the establishment of
Fortune-Tellin~ Uses. (F34.1)
Community Development Director Brady stated that it has come to his
attention that the Lake Elsinore Municipal Code prohibits Fortune Telling
uses within the City; and noted that the City can regulate and control the
use, however it cannot prohibit the use. He noted that in order to correct the
Code, the proposed ordinance would allow staff the time necessary to study
the zoning issues and bring its findings back to the Planning Commission
and City Council.
City Attorney Leibold commented that a question had been raised regarding
her direction to Council on a moratorium for significant Palm Trees and
noted that in that context she could not recommend a moratorium. She
explained that in regard to this issue, there is however specific statutory
authority under the Government Code, which allows the City to establish a
interim zoning ordinance establishing a moratorium on a specific land use,
pending comprehensive land use study and a proposed ordinance to modify
the zoning code.
Mayor Kelley clarified that the difference was a moratorium on land use
versus a moratorium on a regulation of property. City Attorney Leibold
PAGE NINE - CITY COUNCIL MINUTES - MAY 11,1999
concurred and clarified that it is a zoning question.
Councilman Schiffner stated that he felt that he had received adequate
information and was in favor of proceeding.
Mayor Pro Tem Metze stated that he felt that was the only direction the City
can take.
MOVED BY METZE, SECONDED BY SCHIFFNER TO ADOPT
URGENCY ORDINANCE NO. 1048 UPON READING BY TITLE ONLY:
RESOLUTION NO. 1048
AN URGENCY INTERIM ORDINANCE TEMPORARILY
PROHIBITING NEW FORTUNE-TELLING USES PENDING
CONTEMPLATED ZONING STUDIES.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: METZE, SCHIFFNER,
PAPE, KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRINLEY
ABSTAIN: COUNCILMEMBERS: NONE
ITEMS PULLED FROM THE CONSENT CALENDAR
7. Sale of Propertv - Lake Elsinore Sheriff/Police Facilitv. (F:127.2)(X:48.1)
Chris Hyland, 15191 Wa~ecrest Drive, stated that she was not opposed to
the Police Station being built on the proposed site, however she had a
concern with traffic on Limited Street. She noted the location of the Little
League field and the fact that when the boat dock was built it eliminated
parking for the fields, and when the Police Station is built it will create a
future parking problem. She asked that the Police Department give c2reful
consideration to parking for the kids using the ballparlc. She noted that she
uses Limited Street quite a bit and sees the children and parents crossing the
street; and is concerned for their safety.
City Manager Watenpaugh expressed his appreciation to Mrs. Hyland for
bringing the issue up. He noted that the City will be having a Budget Study
Session to address the creation and development of a parking lot at the top
of the hill that the City now owns. He explained that it used to be used as
the Lions Club and the building will be razed and used as a parking lot,
which will be much safer for the children. He noted that the boat launch
was located at that site per the State's General Plan.
PAGE TEN - CITY COLTNCIL MINLTTES - MAY 11,1999
MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN THE FINAL
AGREEMENT IN SUCH FORM APPROVED BY THE CITY ATTORNEY.
THE CITY COUNCIL MEETING WAS RECESSED AT 7:25 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 7:28 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
Eric Williams, 242 N. Chestnut, indicated that he would like to bring to the
Council's attention the recent ruling by Planning Commissioners on May 5~',
regarding property located at Chestnut and Franklin. He noted that the property has
been a problem to the City for quite some time, and he did not realize how bad until
he pulled the building abatement file today. He indicated that the City has been
continually lied to by the previous owners of the property. He further indicated that
he is involved in a lawsuit with them to gain repayment for damages, and he hopes
to have that matter solved as soon as possible; at which time he will move from that
location. He indicated that his concerns could not be detailed in three minutes, but
he had prepared a twelve page document for distribution to the Council. He
explained that he feels that the City has no jurisdiction over the issues involved, and
he believes that there are severe violations of the law and that the Municipal Code
is not in conformance with the law. He commented that he asked one of the
Planning Commissioners if they had taken a oath to uphold the Constitution and he
indicated that he would support the Ordinances of the City of Lake Elsinore. He
noted other comments at the hearing and indicated that he would be more than
happy to work his concerns out with the City Attorney. He indicated that he had
suggested that the matter be deferred for 30 days to allow them further review of the
material and further suggested that it was a big mistake to have only two
Commissioners present at an abatement hearing.
Pete Dawson, 18010 Grand Avenue, indicated that he brought good news about Joe
Williams, who nearly lost his life while on the deck of the Elsinore Princess during
transport. He noted that Mr. Williams had been in a coma since February, woke up
last week, and is walking and talking. He suggested that get well cards from the
Community would be appropriate and can be mailed to: John Williams, Bancor
Hospital, 550 N. Monterey, Ontario, CA. 91764. He noted that the crew and
management of the Lake Elsinore Princess are planning a benefit cruise to assist Mr.
Williams and his family through this crisis.
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1) Noted discussion at the last City Council Meeting regarding concerns
from the Tuscany Hills Association; and indicated that he was in error
in saying a demand letter had not been sent. He clarified that the
demand letter was sent on December 16~' and a response came back on
PAGE ELEVEN - CITY COUNCIL MIN [TTES - MAY 11,1999
January 5'i'. He advised that the Bonding company indicated that since
the developer was doing the work they would not call the bonds as
long as the work was proceeding.
2) Indicated that the Council might wish to consider two upcoming
meeting dates being June 22°d which is the same night as the Storm All
Star Game; and suggested that the Council consider changing the
meeting to June 215t. He further noted a conflict on July 27`~' with the
League of California Cities Executive forum and suggested Council
consideration of rescheduling that date as well. He indicated that
based on Council input he would bring back a report to consider the
changes. City Attorney Leibold suggested that this could be a Consent
item with the notices adjusted accordingly.
3) Noted that it was great news, to hear that Mr. Williams was doing
better.
CITY ATTORNEY COMMENTS
City Attorney Leibold announced that of the three listed Closed Session items and
explained that only one would required consideration. She announced Closed
Session item no. l.b. regarding Lake Elsinore Recreation Area vs. City of Lake
Elsinore.
COMMITTEE REPORTS
No Reports.
CITY COUNCIL COMMENTS
Councilman Pape commented on the following:
1) Responded to City Manager Watenpaugh on the meetings needing to
be changed, suggesting the Monday before each of the meetings
discussed.
2) Noted that he was glad to be back after missing his first meeting in five
years.
Mayor Pro Tem Metze commented on the following:
1) Concurred with Councilman Pape regarding the potential meeting
dates.
2) Noted a notice received regarding CR & R residential customers, and
noted the upcoming clean-up day with large dumpsters at designated
locations throughout the community and detailed the locations. He
encouraged residents to take advantage of this service.
PAGE TWELVE - CITY COUNCIL MINUTES - MAY 11,1999
Councilman Schiffner commented on the following:
1) Indicated that he had no concerns over the change in dates suggested
by the other Councilmembers, noting that he would go with whatever
was convenient to the situation.
2) Noted the problem addressed by Mrs. Hyland with regard to Limited
Street and commented that was the reason the parking restrictions were
changed at that location recently. He indicated that he believed all of
the Councilmembers were aware of the problem.
Mayor Kelley commented on the following:
1) Requested Council consensus to explare a new concept for a quarterly
town hall meeting to answer concerns or questions in individual areas
of the City. She noted that she would proposed a very formal agenda
of the area concerns and proposed that they start in Tuscany Hills in
June, July or August. She suggested if that meeting is successful she
would like to plan for another one in November or December. There
was Council consensus to have staff review the possibility and return
to Council with recommendations.
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (b) of Section 54956.9) - 1 case.
b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9) Lake Elsinore Recreation Area vs. City
of Lake Elsinore, et. al. - Case No. 3022435.
c. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9) Kanayan vs. City of Lake Elsinore -
Case No. RIC 307401.
THE REGULAR CITY COUNCIL MEETING WAS ADJOiIRNED TO
CLOSED SESSION AT 7:40 P.M. FOR DISCUSSION OF ITEM "B"
LISTED ABOVE.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:15 P.M.
WITH NO REPORTABLE ACTION.
ADJOURNMENT
MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADJOiJRN THE
PAGE THIRTEEN - CITY COiTNCIL MINUTES - MAY 11,1999
REGULAR CITY COUNCIL MEETING AT 9:16 P.M.
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IE KELLEY MAY`c~C~
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~' ITY OF LAKE ELSINORE
CLERK
CITY OF LAKE ELSINORE