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HomeMy WebLinkAbout09-12-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 12, 1995 ................................................................. CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Assistant City Manager Watenpaugh. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: city Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director Leslie, Community services Director Sapp, Public Services Director Tecca and city Clerk Kasad. PRESENTATIONS/CEREMONIALS a. Presentation - Lake Elsinore Little Leaque Volunteer - Debbie DeLapp. (F:56.1) Mayor Washburn noted that Ms. DeLapp had not yet arrived, but detailed her work and deferred presentation until her arrival. PUBLIC COMMENTS-AGENDIZED ITEMS Requests were received to address Item No. 34 and deferred to that discussion. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No.7. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 12, 1995 2. Received and ordered filed the Investment Report for July, 1995. (F:12.5) 3. Ratified Warrant List for August 31, 1995. (F:12.3) 4. Rejected and referred to Claims Administrator of Claims submitted by Russell M. Drake (CL #95-13) and Frank H. Cooper (CL #95-15). (F:52.2) - 5. Adopted Resolution No. 95-61, Approving the Application for Funds from the Used oil Recycling Block Grant Program to Develop and Maintain a Used oil Recycling Program - Used oil Block Grant Third Cycle. (F:84.1) RESOLUTION NO. 95-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA USED OIL RECYCLING BLOCK GRANT - THIRD CYCLE TO DEVELOP AND MAINTAIN A USED OIL RECYCLING PROGRAM. 6. Adopted Resolution No. 95-62 approving execution of the Riverside County Habitat Conservation Agency Agreements & Amendments. (Fi68.1) (X:76.3) RESOLUTION NO. 95-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RECONFIRMING THE APPROVAL OF AGREEMENTS IN CONNECTION WITH THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY. - 8. Approved Reprogram of 21st Year C.D.B.G. Funds with $28,428" from the Swick-Matich Park Expansion Project for the maintenance and operations cost of the Senior citizens Centeri and approved application for submittal to the County of Riverside. (F:84.2) 9. Approved Public Hearing Date of September 26, 1995, for an Ordinance to Establish Stormwater/Urban Runoff Management and Discharge Controls. (F:155.1) ITEMS PULLED FROM CONSENT CALENDAR 7. Senior Center Annex Buildinq Chanqe Order. (F:144.3) Councilman Alongi noted that the City Manager needed to report on this item. city Manager Molendyk indicated that questions had arisen regarding this Change Order and recommended a two week continuance of this item. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 12, 1995 Councilwoman Brinley questioned the required avigation easement. community Development Director Leslie explained that this easement is common in the areas surrounding airports. He indicated that this matter was discussed at the Planning Commission Meeting and the applicant has agreed to provide it. Councilwoman Brinley requested clarification that this information is included in the property title material. Mr. Leslie confirmed. Councilman Alongi questioned the handicapped parking configuration, accessibility for left or right side exiting and access to ramps. Mr. Leslie explained the plan and clarified the parking requirements. Mr. Spencer, representing the applicant, further clarified the site plan. Councilman Alongi questioned the vacant portion of the site. Mr. Spencer indicated that it is extra land which will be landscaped and maintained. He furhter indicated that they are presently not certain as to what the future use might be. Mayor Washburn noted that he feels this is an excellent location for the proposed project. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE DELCARATION NO. 95-3 AND APPROVE DESIGN REVIEW FOR THE PROPOSED CHURCH BASED ON EXHIBITS "A" TURU "E", THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in Mitigated Negative Declaration No. 95-3 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as approved and conditioned complies with the Goals, Objectives and Policies of the City's General Plan, East Lake Specific Plan and the zoning District in which it is located. 3. The project complies with the design directives contained within section 9.2.3, Design Review, of the ELSP. 4. Conditions and safeguards pursuant to Section 9.2.3.f of the ELSP, Action of the Planning Commission, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of the East Lake Snecific Plan and the Zonina District in which it PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 12, 1995 7. Adequate conditions and safeguards are incorporated in the approval of the conditional use permit to insure use continues in a manner envisioned by these findings for the term of the use. PLANNING DEPARTMENT CONDITIONS 1. Design Review and Conditional Use Permit No. 95-3 approval shall become null and void unless appropriate permits are obtained and operations commence within one year of the approval date. The Community Development Director or designee may issue a one (1) year extension of time if requested one month prior to expiration. .... 2. The applicant shall prepare a soils/geotechnical study and a grading plan, to be reviewed and approved by the City Engineer, prior to issuance of a qradinq permit. The study shall delineate the precise location of the Wildomar Fault, further evaluate seismic-related hazards, and establish sufficient setback areas in accordance with "special publication 42: Fault Ruptures Hazard Zones in California" and policies and criteria of the State Mining and Geology Board and the Alquist- Priolo Special Studies Zones Act. The Study shall evaluate the site's geologic stability and surface soil conditions. This study shall be approved prior to the Conditional Use Permit going into effect. 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. Prior to final precise grading plan approval, applicant shall submit a lighting plan or reflect on subsequent building plans security lighting for the site, subject to the review and approval of Planning Department Staff. 3. .... 4. The rear elevation shall be redesigned to illustrate the ceramic tile band to be carried throughout the four building elevations. 5. This project shall be subject to the Mitigation Monitoring Program contained in Mitigated Negative Declaration No. 95-3. 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. 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. 7_ M~T~ri~lR ~nn ~nlnrR np-nicted on the materials board PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 12, 1995 10. All Conditions of Approval shall be met to the satisfaction of the Community Development Director or Designee before certificate of Occupancy is granted. 11. Any violation or non-compliance with the Conditions of Approval shall be cause for the revocation of this Design Review and Conditional Use Permit approval. 12. Prior to issuance of any building permit, 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. 13. Fixed seating and attendance for the church sanctuary shall be limited to 231 and/or controlled by the Fire Marshal of the City of Lake Elsinore. 14. Meet all Riverside County Health Department requirements. 15. Meet all Riverside County Fire Department requirements. 16. No outdoor storage shall be allowed. 17. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, 18. All roof ladders and accessory equipment shall be located within the interior of the building or in specially designed areas concealed from public right- of-way view. 19. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches entrances and crosswalks, to be shown on the precise grading plan. 20. The final landscaping/irrigation plan is to 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 and Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%). 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 from the City's Street Tree List, a maximum of thirty -I=.......,,+- /'':In, \ ____.... __...3 _.... ,___.... .........__.......... .&_...._ ..:__..... PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 12, 1995 e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. 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, and bond 100% for material and labor for one (1) year. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. 21. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. .... 22. Applicant shall annex project into the City's Landscape and Lighting District. 23. 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. 24. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 25. Trailers utilized during construction shall be approved by the Planning Division with appropriate bonds posted to insure removal at development completion. 26. On-site surface drainage shall not cross sidewalks. 27. parking stalls shall be double-striped with four-inch (4") lines two-feet (2') apart. PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 12, 1995 operations but shall specify the types of activities included within the easement designation. Avigation easements will specifically include reference to airport vicinity effects which include noise impacts, accident potential, fly-overs, and miscellaneous effects such as potential damage from accidental fuel spills and airport expansions. ENGINEERING DEPARTMENT CONDITIONS 29. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time building permit is issued. 30. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 31. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 165, Chapter 16.34, Resolution 85-26). 32. 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 a building permit. 33. Construct all 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 permit (Lake Elsinore Municipal Code 16.34). 34. 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). 35. 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. 36. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78). 37. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 12, 1995 40. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 41. Applicant shall obtain necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit approval. 42. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 43. Existing street improvements that are damaged will need to be removed and replaced. Sidewalks shall be installed along Corydon St. and A.C. pavement shall be overlaid to the centerline of Corydon St. as directed by the City Engineer. 44. The site naturally drains to private property to the north when improvements are constructed conditions 39 and 40 must be satisfied. Drainage from the parking lot cannot be concentrated and flow to the adjacent property without a letter of acceptance. 45. The driveway on Corydon Street shall be right turn in and right turn out only and the applicant shall place the appropriate traffic control signs as directed by the city traffic engineer. 32. Second Readina - Ordinance No. 1002 - Amendina Municioal Code. Boatina Regulations and Lake Use with reaard to Aircraft. (F:14.1) (X:92.1) MOVED BY BENDER, SECONDED BY BRINLEY TO ADOPT ORDINANCE NO. 1002 UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9 BY ADDING SUB-SECTION 9.96.120 - AIRCRAFT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Animal Control Ordinance Revisions - Ordinance No 1003. - - PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 12, 1995 Councilman Pape concurred that this ordinance suggests drastic changes from the existing ordinance and a study Session would be helpful. - Councilman Alongi requested that the Study Session be postponed until after October 4th when he returns from vacation. MOVED BY BRINLEY, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE TO SCHEDULE THIS MATTER FOR A STUDY SESSION AFTER OCTOBER 4, 1995. 34. Review of Main Street Fair - Reauested bv Mavor Washburn. (F:151.1) Mayor Washburn explained that he had some concerns regarding the Street Fair and in the previous minutes it was noted that a review would be made and he felt that the review that the staff was providing was not enough and he wanted to bring it to the Council for discussion. Councilman Alongi called a point of order on Mayor Washburn and stated that he did not vote in favor of the issue the last time it was before Council and therefore he was in the minority and not the majority; therefore one of the other Council that had voted in favor of the item should have made the request to bring it before the Council and not himself. Mayor Washburn stated that the point was accepted. He stated that if Council wished to move this to the next Agenda then he would call for that motion. - MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO PLACE THIS ITEM ON THE NEXT AGENDA FOR SEPTEMBER 25, 1995. PUBLIC COMMENTS - NON-AGENDIZED ITEMS None. CITY MANAGER COMMENTS City Manager Molendyk noted that E.V.M.W.D. has informed the city that they will be doing extensive water line improvements downtown. He indicated that a representative of the Water District will be present at the next meeting to provide information on this project. CITY COUNCIL COMMENTS Mayor Pro Tem Bender commented on the following: 1) Announced that there will be another Marathon Water Ski Race on the lake September 23rd and 24th. He co~mented that in the past these have been nice events. 2) He also announced that the Juried Art Show l"i.ll occur the same weekend at the Lake community Center. PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 12, 1995 matter. He stressed the need for appropriate standards of behavior for the City Council. He suggested that Mayor Washburn should step down with Mayor Pro Tem Bender replacing him as the Mayor. Councilman Pape had no comments. Mayor Washburn commented on the following: - 1) Welcomed the City Manager back from vacation. 2) Addressed comments by Councilman Alongi, noting that the F. P . P. C. did review his filings several times. He explained that two filing mistakes were identified and apologized for the error. He indicated that he does not feel he has hurt the Community, and he feels his approach to the si tuation is better than that of Councilman Alongi. Councilwoman Brinley commented on the following: 1) Noted an article with photograph in the Los Angeles Times regarding the Diamond. She thanked the person who forwarded it to her and noted that the Diamond is receiving positive press. 2) Thanked the residents for their congratulatory cards on the birth of her Granddaughter. Mayor Washburn commented on the end of baseball season and the beginning of football season. He announced that the first football game at the Diamond would be Saturday, September 16th. __ Councilwoman Brinley expressed condolences to the family of Dave Dixon, particularly his wife who serves as the City Attorney for the city of Canyon Lake. CLOSED SESSION None. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 7:25 P.M. CIT F LAKE ELSINORE Acf~\\_ J')/