Loading...
HomeMy WebLinkAbout11-23-1999 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 23 1999 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tern Pape. INVOCATION The Invocation was provided by Pastor Ron Butler, representing Canyon Lake Community Church ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: METZE 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 and City Clerk Kasad. PRESENTATIONS a. Presentation - Business of the Quarter - Summer. 1999. (F:56.1) Mayor Brinley called Mr. Danny Smith forward for presentation. She detailed his accomplishments in the community and presented him with the Business of the Quarter plaque. Mr. Smith thanked the Council for the recognition and thanked the community and their customers for the support. b. Presentation - Riverside County Integrated Plan Update. (F:140.1) Jim Henderson, Project Manager, for the Riverside County Integrated planning team. He explained that the intent is to create a new vision for Riverside County, particularly in the unincorporated areas; and noted the inter-relationship between those areas and the cities. He noted that there will be an additional 18 million people in California by 2020 and stressed the concerns for meeting the challenges of the anticipated population increases. He detailed the proposed three step process for the plan, being: PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 1) a conservation element to conserve resources, create predictability in the environmental review process, provide local control and create public access of natural areas; 2) a community environmental acceptability plan including a multi-use corridor plan to allow for development of necessary transportation, utility and communication infrastructure; and 3) the land use or General Plan update, which is currently about 15 years old and in serious need of modification. He also noted the importance of talking with area cities to be sure the County plans are coordinated with the City plans. - Mr. Henderson explained that the RCIP will be a flexible program which takes a long range look at needs, while utilizing short term solutions to integrate the plan and balance the transportation system. He further explained the need to ensure that communities can maintain their distinctive character; use new communities as models, and use transportation corridors to unify communities. He explained that this would create economic clusters, preserve corridors, preserve the quality of life, maintain open spaces and greenbelts, and maximize public access to open space. Mr. Henderson advised that they will solicit input from citizens, obtain technical and policy input, and establish advisory groups for each element. He stressed the need for decisions throughout the process. He noted that this program was the first of its kind and would require high level participation, cooperation and coordination. He detailed the timeline for the technical studies, plan development and approval, with each phase being approximately one year. - Mr. Henderson detailed the outreach program which will include 22 community meetings, public opinion polling, focus groups, cities, CV AG and WRCOG. He stressed the size of the County and noted the organizations which have been involved in the process to date. He detailed the findings to date that overall residents "liked their communities", recognized the growth pressures, supported the planning process and expressed concern about unchecked annexation in the unincorporated areas. He advised that 68% of those polled feel that the area is on the right track and 40% see their quality of life as better. He advised that there will be ongoing communication with city staffs and Council's throughout the process. Mayor Brinley thanked Mr. Henderson for the presentation. - PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following item and deferred to that discussion: Item No. 33. PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 CONSENT CALENDAR ITEMS MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - November 9, 1999. (F: 44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - November 3, 1999. (F: 60.3) c. Design Review Committee Meeting - November 3, 1999. (F: 60.4) 2. Ratified Warrant List for November 15, 1999. (F: 12.3) 3. Accepted Notice of Completion for the 1999/2000 Slurry Seal Project from Asphalt Maintenance Company. (F: 156.1) PUBLIC HEARING None. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1054 - PERS Contract/Military Service Credit. (F: 68.1)(X:116.3) MOVED BY P APE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1054 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF LAKE ELSINORE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 23,1999 ABSTAIN: COUNCILMEMBERS: NONE 32. Amendment to Chapter 5.28 of the Lake Elsinore Municipal Code Regarding Card Rooms - Ordinance No. 1055. (F: 34.3) - City Attorney Leibold explained that this Ordinance regulates cardrooms in Lake Elsinore and the legislature recently amended the Gambling Control Act, requiring amendment of existing ordinances by December 31 st. She detailed the proposed changes and contrasted them with the existing ordinance. She explained that this was being presented as an Urgency Ordinance to ensure that it is adopted in time to comply with the new requirements. She further explained that as an urgency ordinance it would require a 4/5ths vote of the Council. She noted that there has been a lot of discussion with the division of Gambling Control and additional clarification has been requested. She further noted that it may be necessary when the clarification is received to come back and further address the number of tables. Mayor Brinley noted that a copy of the proposed ordinance was sent to the General Manager of the Casino. City Manager Watenpaugh confirmed that a copy was hand-carried, however no response was received. He noted that one concern in meeting the deadline is to assure that the existing cardroom is not impacted by non-compliance. - Mayor Pro Tern Pape commented on the impact of State mandates on local businesses. Councilwoman Kelley questioned the Attorney regarding the necessary clarification. City Attorney Leibold explained that the statute talks about increasing the number of establishments over the number currently authorized; and indicated it has been interpreted to be authorized by existing ordinance, which is not regulated, but defers to City Council judgement. She indicated that the question is whether this means the number authorized by ordinance or the number of existing licenses. She explained that the Council might need to reduce the number of tables allowed in the ordinance. Mrs. Kelley requested clarification that this ordinance is pursuant to a State mandate. Mrs. Leibold confirmed. Councilman Schiffner noted the potential impact on the existing local establishment, and questioned whether their permit could be revoked. City Attorney Leibold indicated that she would not anticipate a revocation, but rather a delay in the required annual licensing process. _ Mayor Brinley reiterated that this item would bring the City into compliance with the State until a further ruling is made, noting that further review might be necessary. City Attorney Leibold confirmed that review might be needed. She noted that she had agreed to send a letter setting forth the City's interpretation of the Act. PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 MOVED BY P APE, SECONDED BY SCHIFFNER TO ADOPT URGENCY ORDINANCE NO. 1055 UPON READING BY TITLE ONLY: ORDINANCE NO. 1055 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 5.28 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING CARDROOMS UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE 33. Minor Design Review 99-7. For An Addition To First Lutheran Church Of Lake Elsinore Located At 600 West Sumner Avenue - APN 374-143-017 & 374-143-001. (F: 67.1) Councilman Schiffner asked to be excused from this discussion, as he is a member of the First Lutheran Church, and left the table. Community Development Director Brady highlighted this item for expansion of an existing church. He detailed the location and noted Planning Commission hearings for consideration of Conditional Use Permit and several variances. He noted that the project would also include increased landscaping, and the purchase of an additional parking lot. He presented renderings of the proposed improvements. He noted that they would also have an agreement with the elementary school to provide additional parking. He explained that the CUP is required due to the existing zoning of the area. He clarified that Condition # 1 should have additional verbiage as follows: - "After five years the Conditional Use Permit shall automatically be renewed annually, unless reviewed by the Planning Commission." Mr. Brady noted that the applicant was present to answer any questions. Robert Mericle, resident of Canyon Lake, representing First Lutheran Church, congratulated the Council incumbents and the new Mayor. He provided background on the project and detailed the options they had considered. He noted the difficulty in planning this project due to the constraints of the site. He advised that the church is adequate, but the PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 parish facility is not adequate, as the entire membership cannot be accommodated at one time. He noted that the plan is very attractive and the membership is enthusiastic about the project. He requested consideration of deferring the fees required by conditions 20 and 30, as the work won't be done for quite some time. He suggested deferring the payment until the - work is ready to occur. Kim Quon, Studio 7 Architects, 701 W. Graham Ave., indicated that he prepared the application and documents for this project; and noted that it was great to work with staff on this type of proj ect. He expressed appreciation to the City Planning staff, noting that they all try to make the projects work. He offered congratulations to the reelected Councilmembers. He offered to answer questions or clarify issues. Mayor Brinley noted that she saw the original church when it was built and noted that they have maintained a high level of maintenance. She indicated that she would have no problem with deferring the fees until the road improvements are ready to go. She indicated that her only concern would be whether they would have the money available at that time. Councilwoman Kelley inquired if the reciprocal parking agreement had been finalized. Mr. Mericle confirmed that the agreement had been signed by both sides. Councilwoman Kelley questioned the setbacks and whether staff found them satisfactory. Community Development Director Brady confirmed and noted that they had been approved by the Planning Commission. - Mayor Pro Tern Pape addressed Condition 20 and questioned how much that fee would be. Community Development Director Brady indicated that it would be $70 per lineal foot or about $11,000. He questioned the applicant regarding lighting for the parking lot and whether they were in agreement with the condition. Mr. Quon indicated that the original plan did not include lighting, but it was presented as a condition of approval and they will be providing the lighting. Mayor Brinley noted that the requested fee deferral was approximately $18,000 and she would not have a problem with it, but questioned whether it would be a hardship for the church later. Mr. Mericle indicated that the congregation is very responsible and if such a condition were imposed they would comply with it. MOVED BY P APE, SECONDED BY KELLEY AND CARRIED BY A - VOTE OF 3 TO 0 WITH SCHIFFNER ABSTAINING AND METZE ABSENT TO APPROVE MINOR DESIGN REVIEW NO. 99-9 FOR THE 1,960 SQUARE FOOT ADDITION, PARKING LOT, LANDSCAPING AND FENCING IMPROVEMENTS FOR THE FIRST LUTHERAN CHURCH ELSINORE BASED ON EXHIBITS 'A' THRU 'F', THE FOLLOWING FINDINGS AND THE FOLLOWING CONDITIONS OF APPROVAL, WITH CONDITION 1 AMENDED AS REQUESTED BY STAFF, AND THE PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 FEES REQUIRED BY CONDITIONS 20 AND 30 TO BE DEFERRED UNTIL TIME FOR CONSTRUCTION OF IMPROVEMENTS. PLANNING DIVISION 1. The Conditional Use Permit No. 99-11 for the continuance of the church operation and parking lot expansion shall be in effect for 5 years. After five years the Conditional Use Permit shall automatically be renewed annually, unless reviewed by the Planning Commission. If the status of the number of church occupants increases to cause an impact on the parking conditions of the surrounding properties, the project shall be brought before the Community Development Director for reconsideration. Conditional Use Permit No. 99-11 shall become null and void unless appropriate permits are obtained and operations commence within one year of the approval date. 2. Approval of CUP No. 99-11 is contingent upon obtaining yearly Reciprocal Access Agreements from the neighboring school, Elsinore Elementary School. This legal instrument shall be recorded in the Office of the County Recorder with two (2) copies filed with the Planning Division. If a Reciprocal Parking Agreement is not available, the project will be brought before the Planning Commission for reconsideration. 3. Seating for the Sanctuary shall be limited to the number of pews existing (22 pews - 10 feet 8inches, 3 pews - 9 feet 0 inches, 1 pew - 5 feet 6 inches), and controlled by the Fire Marshall and Building and Safety Division. Any additional pews/patrons would cause a re-review of this Conditional Use Permit due to the additional impact creating on the parking status. Findings could cause the CUP to be revoked. 4. All Conditions of Approval shall be met to the satisfaction of the Community Development Director or designee before permits are issued for development 5. Any violation or non-compliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit No. 99-11. 6. Applicant shall sign and submit the "Acknowledgment of Conditions" statement to the Planning Division prior to issuance of Building Permits. 7. The applicant shall meet all Building and Safety Division requirements. 8. The applicant shall meet all Riverside County Fire Department requirements. 9. DELETED. 10. The applicant shall paint the proposed addition to match the existing sanctuary. The existing Fellowship Hall/Classroom building also be painted to match the sanctuary. PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 11. The proposed addition shall use a tile roof that matches the existing sanctuary. The existing Fellowship Hall/Classroom building shall be re- roofed with a dimensional asphalt shingle to closely match the tile roof of the sanctuary. - 12. A six-foot (6') high wood fence with masonry pilasters shall be constructed along the southern and northern western property lines where property is adjacent to residential dwellings. Construction of the required fence shall be done concurrent with the construction of the 1,960 building. The wood fence 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. Post shall be constructed of galvanized steel per City Standard. The design of the fence is subject to the approval of the Community Development Director. 13. Adequate parking lot lighting for security shall be required. All lighting shall be constructed to prevent direct glare onto adjacent residential uses, subject to the approval of the Community Development Director or Designee. 14. The applicant shall submit Landscape and Irrigation Plans to be reviewed and approved by the City's Landscape Architect. A fee shall be assessed for review and inspection of all new landscaping material. - 15. A lot line adjustment between the neighboring property and the applicant shall be reviewed and approved by the Engineering Division prior to Certificate of Occupancy. 16. Two parking spaces shall be removed along the southerly boundary line. The two spaces to be removed are the first space closest to Lindsey Street and the last space closest to the landscaped a planter shown on the site plan. A 5 foot raised landscape planter shall be constructed in the center of this row, the remaining area shall be added to a landscaped planter at the ends of this row. If enough area exists after this reconfiguration, a raised landscaped planter shall be constructed in the center of the row at the westerly boundary. Revised plans for this section shall be submitted to the Community Development Director or Designee for final approval. 17. Signage shall conform to the provisions of Chapter 17.94 of the LEMC. ENGINEERING DIVISION - 18. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 19. Dedicate underground water rights to the City (LEMC 16.52.030). The document can be obtained from the Engineering Divisions. PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 20. Provide in-lieu payment for future street improvements on Lindsay Street prior to building permit (Res. 86-35). Per Council direction this condition is to be deferred until street improvements are ready to proceed. 21. Dedicate a 10ft. wide strip of additional street right-of-way along the Sumner Avenue frontage to the City prior to issuance of building permit. The applicant may use the dedicated area until Sumner Avenue is widened providing the applicant enters into a Hold Harmless Agreement and obtains an Encroachment Permit. 22. Dedicate additional right-of-way for a standard comer cutback for the future curb return at the comer of Sumner Avenue & Lindsay Street and Sumner Avenue & Kellogg Street. 23. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 24. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85- 26). 25. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 26. If grading exceeds 50 cubic yards or the existing flow pattern is substantially modified, grading plans shall be prepared by a Calif. Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 27. 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. 28. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 29. Roofs should drain to a landscaped area whenever feasible. 30. Contribute $6785 for the design and construction of one-half of a raised landscaped median along the frontage of Sumner Avenue. Per Council direction this condition is to be deferred until improvements are ready to proceed. COUNCILMAN SCHIFFNER RETURNED TO THE TABLE. PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:50 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:54 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Mary Venerable, 29400 3rd Street, congratulated the reelected Councilmembers and looked forward to working with them on City issues. She noted that during the election there was a lot of misinformation and criticism of the City's management, and suggested that one means to alleviate problems might be to divide the City into five councilmanic districts. She further suggested that each Councilmember could present regular quarterly meetings in each area to discuss matters of concern. She commented that this would assist in reducing community suspicions and increase residents' awareness. She stressed that people feel that they are receiving incomplete and inaccurate information. She expressed concern with agenda items not being provided to the public, so they are not aware of the information. Chris Vanover, 300 N. Ellis, apologized to the residents of Sunny slope for his comments at the last meeting. He noted that he needed to get the facts before commenting in the future. He further noted that he drove Sunnyslope and concurred that something has to be done before the next budget year. He addressed discussion at the last meeting of doing away with the Endangered Species Act and indicated that he disagreed, but concurred the act has been abused. He suggested that it be rewritten and commented that the integrated plan takes all that into account. He indicated that he was approached by members of the community after the last meeting and talked with City staff. He expressed appreciation for the assistance and information he was provided, but noted that he found a lack of information on future marinas. He noted that the residents like the idea of another marina, but are concerned with the associated light, pollution and noise. He suggested that the campground would be a good place for a marina and noted the current status of the Elsinore Princess. Lorre Breveleri, 14711 Custer, provided an update on her life which has been restored due to assistance from the poor and drug addicts. She advised that they helped her to rebuild a house and thanked them for their assistance in helping her pull her life back together. She suggested starting a program to refurbish abandoned homes to develop jobs and homes for them. Barbara Cady, 32524 Wildomar, congratulated the Council on their reelection. She also congratulated the Historical Society and the Women's Club on the successful Melodrama. She also noted that the Unity in the Community Parade was very impressive and well organized. She announced the following upcoming special events: 1) December 2nd at 7 p.m. - Elsinore Valley Arts Network meeting; 2) December 3rd at 5 p.m. Winterfest to include live entertainment and a Recycled Art show; 3) December 4th - Temecula Vintage Singers at Saint Andrew Church; 4) December 7th at 5 p.m. - Friends of the Library visit with Santa. She suggested - - - PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 that Lake Elsinore should be called "Beautiful Lake Elsinore". - CITY MANAGER COMMENTS City Manager W atenpaugh commented on the following: 1) Reminded the Council that there is a CDBG study session on December 16th at 10 a.m. in the Cultural Center, for consideration of funding requests. He noted that the City will receive approximately $200,000 in funding. 2) Shared with the Council, that the concession agreement for the inlet channel water skiing, approved by the Council, to date has run about 700 people through, generating about $6,000 for the Lake fund. He stressed that the agreement is generating revenue for the City. 3) Noted that staff has submitted a grant request to get funding to continue landscaping and developing the outflow channel. 4) Responded to the speakers regarding the in-house web page; and noted that the City has received RFQ's and will be bring a request to Council for consideration of updating the page. He noted that the new format could include Agendas and supporting material for public reVIew. 5) Addressed Sunnyslope and noted that he has talked with the residents and they have requested that the City not grade the road, but hold the dollars to supplement the work at budget time. He noted that staff has already received estimates for the work. 6) Noted that the Council has received several comments and letters regarding the March 2000 Water Bond. He advised that a plan is underway for a statewide campaign to explain the intent of the bond and the proposed division of the funds. He stressed that there will be a very large visible campaign prior to the election. CITY ATTORNEY COMMENTS No Comments. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Expressed personal thanks to the Fire Chief Seabert for quick action this afternoon in her neighborhood. She noted that Councilman Schiffner was evacuated for a while, but the fire was extinguished quickly without damaging homes. PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 2) Thanked Jeannie Corral for the Unity in the Community parade, noting that it was a great event. She indicated that Council had a lot of fun on the City boat. She expressed hopes for continued efforts and bigger parades in the future. 3) Concurred that the Melodrama was a lot of fun and a great evening of entertainment. 4) Announced the upcoming CIF Titan Game at the Diamond this weekend against Cathedral City. 5) Wished everyone a Happy Thanksgiving. Mayor Pro Tern Pape commented on the following: 1) Noted a booklet from the State on the Executive Fellowship Program at the State Capital. He suggested that interested parties could contact the City Clerk's Office for further information. 2) Indicated that Beautiful Lake Elsinore was on the cutting edge again, and noted a magazine article regarding Fire Stations being built in public parks. He compared this information to the approved project on the West End. - 3) Noted that in the 2nd quarter of the year, sales tax revenues were up almost 11 % over the same time frame last year. 4) Indicated that he enjoyed the Melodrama, noting that they did a very good job of casting. 5) Commended Jeannie Corral on the organization of the 3rd Annual Unity in the Community parade. 6) Wished everyone a Happy Thanksgiving. Councilman Schiffner commented on the following: 1) Concurred that the Melodrama was terrific, and expressed hopes for additional productions. 2) Noted that the parade was difficult to watch while participating in it, but stressed the number of people who turned out to participate. He noted how well planned it was and indicated that the parade route was not long enough. - 3) Commented on the City Council and local government being more open with the people and suggested that the community bear with the Council while they make efforts better publicize local information. PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1999 Mayor Brinley commented on the following: 1) Congratulated Jennie Corral on the parade, noting that her grandchildren had a great time and the community enjoyed it very much. 2) Concurred that the Melodrama was fantastic and noted the performances of Linda Campos and Jerry Harmatz. 3) Addressed Chief Walsh and noted the Cops for Kids Cruise Night on Saturday, November 27th at 5 p.m. and encouraged participation. 4) Reminded the Community of Winterfest on December 3rd at 5 p.m. and detailed the planned festivities. 5) Noted that Elsinore High School is also going to play in the ClF playoffs; and expressed hopes for a playoff between the two local teams. She invited the Community to support the teams and stressed the excitement associated with these games. 6) Wished everyone a safe and Happy Thanksgiving. CLOSED SESSION None. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:30 P.M. ATTEST: