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HomeMy WebLinkAbout04-09-1991 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 9, 1991 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Community Services Director Watenpaugh, Planning Manager Strandgaard, Subdivision Engineer Spagnolo (representing Public Services Director) and City Clerk Kasad. PUBLZC CONIMENTS Elizabeth Rodriguez, 3689 Linnet Ave., commented that her neighborhood has just started its Neighborhood Watch program; and commended Rita Rubio for her assistance in this effort. She expressed concern with the ongoing crime problems such as drugs and speeding traffic and requested the City Council's guidance in dealing with these problems. She further requested consideration of the placement of speed bumps or caution sign. Mayor Washburn suggested that Ms. Rodriguez get in touch with the Engineering Department and the Sheriff's Department. (F:127.2) Mayor Washburn advised the Community of the City's 103rd Birthday this date. PRESENTATIONS/CEREMONIALS A. Law Enforcement Data Svstem. (F:127.2) City Manager Molendyk advised that Sheriff's Department representatives were present to provide a brief overview of this program. Captain Reynolds introduced Lt. Stan Sniff and Ron Wade to detail the program. Lt. Sniff detailed the ongoing work of consultants in the development and future capabilities of the system. He also detailed potential funding sources to assist with the initial start up cost. He further detailed the challenges for the system, the methodology and the proposed implementation plan. Mayor Washburn commented on the future potential of this system and thanked the gentlemen for their presentation. CONSENT CALENDAR MOVED BY BUCK~ SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. PAGE TWO - CITY COUNCIL MINUTES - APRIL 9, 1991 1. The following Minutes were approved: a. City Council Meeting - March 26, 1991. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - March G, 1991. (F:60.3) c. Planning Commission Meeting - March 20, 1991. (F:60.3) 2. Reoeived and ordered filed the Building Activity Report for March, 1991. (F: 32.2) 3. Received and ordered filed the Code Enforcement Activity Report for March, 1991. (F:54.1) 4. Received and ordered filed the Structure Abatement Report for March, 1991. (F:34.4) 5. Ratified Warrant List for March 28, 1991. (F:12.3) 6. Rejected and referred to Claims Administrator the Claim submitted on behalf of Linda, Janelle & Jason Plum (CL #91-2). (F:52.2) 7. Approved public hearing date of April 23, 1991 for the following: a. Hearing of Protests - Weed Abatement Notices. (F:166.1) b. Zone Chanae 91-2 = ESI Builders. (F:172.2) A request to consider a Zone Change from R-1 to R-3. The project is located on the east side of Lewis Street between Graham Avenue and Heald Avenue. c. Outdoor Activitv Permit 91-7 - Frontier Davs Rodeo = Chamber of Commerce. (F:108.4) A request for approval of an Outdoor Activity Permit to allow commencement of a Rodeo on the Rodeo Grounds. d. Outdoor Activitv Permit 91-9 _ Circus = Chamber of Commerce. (F:108.4) A request for approval of an Outdoor Activity Permit to allow commencement of a circus on the Rodeo Grounds. PUBLIC HEARINGS 31. Tentative Tract Map 26065, Annexation No. 58~ Zone Chanae 90-14 = Tozai. Inc. (F:160.2)(X:20.2)(X:172.2) Continued from March 26, 1991. Planning Manager Strandgaard advised that the applicant has requested another continuance of this item and recommended continuance to May 14, 1991. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MAY 14, 1991. 32. Communitv Facilities District 91-2 - Summerhill. Resolution Nos. 91-27 thru 91-32 & Ordinance No. 913. (F:22.3 CFD91-2) City Attorney Harper suggested that Council receive input from PAGE THREE - CITY COUNCIL MINUTES - APRIL 9, 1991 Bond Counsel Paul Thimmig, Jones, Hall, Aill & White, on this matter. Bond Counsel Thimmig explained that this action will complete the process for financing of this district, which encompasses only the Summerhill development. He advised that additional £acilities will be added with another election in the near future. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:44 p.m. asking staff for any additional presentations. City Attorney Harper advised that there were no additional presentations, and explained the responsibilities of this action. Mayor Washburn asked those persons in £avor of this action to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:46 p.m. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 91-27 THRU 91-29: RESOLUTION NO. 91-27 A RESOLUTION OF FORMATION OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 91-2 (SUMMERHILL PUBLIC IMPROVEMENTS), AIITHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT. RESOLUTION NO. 91-28 A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE CITY OF LAKE ELSINORE COMMiJNITY FACILITIES DISTRICT NO. 91-2 (SUMMERHILL PUBLIC IMPROVEMENTS) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT. RESOLUTION NO. 91-29 A RESOLUTION CALLING SPECIAL ELECTION. Mayor Washburn requested that the City Clerk open the ballot. The ballot was opened and City Attorney Harper announced that the ballot was in support of the District. Mayor Washburn announced that the results of the election being unanimously in favor of the levy of the special taxes, the establishment of the appropriations limit and the incurring of bonded indebtedness, it was now appropriate to proceed with the final actions for the District. MOVED BY STARKEY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 91-30 THRU 91-32 AND ADOPT ORDINANCE NO. 913: RESOLUTION NO. 91-30 A RE50LUTION DECLARING RE5ULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN. PAGE FOUR - CITY COUNCIL MINUTES - APRIL 9, 1991 RESOLUTION NO. 91-31 A RESOLUTION AUTAORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF LAKE ELSINORE FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 91-2 (SUMMERHILL PUBLIC IMPROVEMENTS), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT, AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS. RESOLUTION N0. 91-32 A RESOLUTION OF CONSIDERATION TO CHANGE FACILITIES TO BE FINANCED. ORDINANCE NO. 913 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE LEVYING SPECIAL TAXES WITHIN TAE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 91-2 (SUMMERHILL PUBLIC IMPROVEMENTS). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Revision of Business License Ordinance No. 914. (F:34.1) Mayor Washburn detailed this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:50 p.m. asking those in favor of this revision to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7:51 p.m. MOVED BY WASHBURN, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 914: ORDINANCE NO. 914 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE LAKE ELSINORE NNNICIPAL CODE RELATING TO BUSINESS LICENSING. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS/DISCUSSION ITEMS 51. Appeal of Plannina Commission Decision = Howard Palmer. (F:58.2) An appeal of the Planning Commission decision not to allow an PAGE FIVE - CITY COUNCIL MINUTES - APRIL 9, 1991 amendment to the Uniform Sign Program of Shopper's Square Phase I for the purpose of allowing a tower sign for the Don Jose Restaurant. Planning Manager Strandgaard detailed the appeal and the decision by the Planning Commission. She also detailed the concerns of the applicant with visibility of the signage. Councilman Dominguez commented on the importance of signage, particularly franchise signage and his feeling that it should be supported. Councilman Starkey concurred that the sign should be allowed on the tower as requested by the applicant. Councilman Buck advised that he has reviewed the location and agrees with the applicant that the location is not conducive to an alternate type of signage. Mayor Washburn advised that he also viewed the location and commented on the original intent of the tower. He also commented on the Planning Commission decision and their intent to adhere to the code. He suggested that with this signage, enhancements to the shutters in the tower might be appropriate. Planning Manager Strandgaard clarified that staff's original recommendation was for approval of the request with the letter sizes reduced. Councilman Dominguez suggested that staff work with the applicant on the signage. Howard Palmer, applicant, advised that Don Jose's has agreed to a 25 year lease and detailed the history and standard of this center. He stressed the need for the larger letters requested due to the configuration of the center and other signage already in place. Councilman Starkey advised that he would support the larger letters requested by the applicant. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE GRANT THE APPEAL, ALLOWING THE LARGER LETTERS REQUESTED BY THE APPLICANT; AND APPROVE THE DON JOSE RESTAURANT TOWER SIGN BASED ON THE FOLLOWING FINDINGS AND 5UBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findinas 1. The proposal is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines and no environmental impacts are anticipated. 2. Based on a site survey of the Shopper's Square Phase I commercial center, the tower element appears to be the most appropriate location for signage for Building #4 occupants. 3. The tower element blooks Building 4 elevations where signage would ordinarily be placed. Conditions of Approval 1. A City Permit shall be obtained for any approved sign, prior to their installation. No sign permits PAGE SIX - CITY COUNCIL MINUTES - APRIL 9, 1991 will be issued unless all Conditions of Approval are met. 2. Prior to the issuance of any Sign Permit for pon Jose restaurant the applicant shall sign and complete an "Acknowledgment of Conditions" statement and shall return the executed original to the Comnzunity Development Department for inclusion in the case records. 3. Any additional signage beyond the approved tower sign and rear elevation sign shall require approval by the Community Development Director or his designee. 4. The approved tower sign shall consist of the following: a) The "Don J~se" copy shall be 24" rec individual channel letters. b) The "Mexican Restaurant" copy shall be 14" green channel letters. c) Total sign width shall be 20% of the tower face width. d) The bottom of the sign shall be placed 6" above the tower band molding. e) The channel letters shall be of 22 gauge paint-lok sheet metal and bear the U.L. label. 5. The sign contractor shall be responsible Por the repair of any damage to the tower element caused by the installation of the Don Jose restaurant tower sign. 52. Time Extension Tentative Parcel Map 22385 = Dura Construction Compan~ Inc. (F:11o.2) Planning Manager Strandgaard detailed the prior approvals and difficulties of dealing with flood control mitigation on this project. She also detailed the new conditions and the applicant's concerns with Condition #20. Dennis Spar, Dura Construction, requested clarification of Condition #20, he advised that it was originally requested that he provide an 86 foot right-of-way with 76 foot curb to curb street width, with the half width being 38 feet. He explained that their project is adjacent to two other developments with existing curbs. He requested that the revised condition state the 76 foot street width. Mayor Washburn questioned the existing width. Engineering Manager O'Donnell confirmed that the existing width is 76 foot and would be appropriate as requested by the applicant. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE EXTENSION OF TIME AND FINDINGS AND AMENDED CONDITIONS AND ACCEPT THE 50 FOOT DEDICATION, BUT ALLOW FOR IMPROVEMENT TO EXISTING CURB WIDTH. Findinas l. The project will not have a significant impact upon the environment. PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 9, 1991 2. The proposed project complies with zoning standards for the M-1 and C-M Zoning District. 3. The proposal meets the City's Subdivision Standards. 4. The proposed subdivision will be consistent with the proposed General Plan Land Use designation for this site. 5. The proposed subdivision is consistent with the findings established in the State Subdivision Map Act requirements. Revised Conditions 2. Tentative Parcel Map 22385 shall expire one (1) year from date of approval unless extended pursuant to State and Local law or recordation of final map. 20. Dedicate sufficient right-of-way on Collier Avenue to provide a 100-foot right-of-way (half street 50 foot right-of-way). Street improvements to be to 76 feet in conjunction with existing curbs. 40. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the developer will pay a fee of $1,000 per sheet for future digitizing, excluding the title sheet. 53. Countvwide Integrated Waste Management Plan - Presentation ~ Kleinfelder, Inc. Resolution No. 91-33. (F:163.1j Mike Perry, Kleinfelder, Inc. explained that this plan is a result of Senate Bill 939 and the impending recycling and waste reduction requirements. He detailed SB939 and explained that current requirements are for a 25o reduction by 1991 and a 50~ reduction by the year 2000. He detailed the components of the plan including: Waste Characterization, Source Reduction, Recycling, Composting, Special Wastes, Education & Public Information, Facility Capacity, and Household Hazardous Waste. Mayor Washburn questioned the best group for the advisory committee. Mr. Perry advised that the best group includes residents, business leaders, elected officials and a representative of the waste hauler. City Manager Molendyk questioned the "technical" requirements for the advisory committee and whether the "technical" reference should be eliminated. Mr. Molendyk further questioned the timing for development of new guidelines for trash enclosures, etc. Mr. Perry advised that part of this process includes working with the Planning Department to establish those standards. City Manager Molendyk also inquired how existing commercial trash enclosures would need to be modified to compensate for this program. Mr. Perry advised that this, in many cases, will require a variance to the parking requirements to allow for increase facilities. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO GIVE APPROVAL IN CONCEPT TO THE PLAN. PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 9, 1~::~ MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 91-33 WITH THE DELETION OF THE REFERENCE TO "TECHNICAL". RESOLUTION NO. 91-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITz OF LAKE ELSINORE, ESTABLISHING A SOLID WASTE MANAGEI?ENT TECHNICAL ADVISORY COMMITTEE. CITY MANAGER COMMENTS City Manager Molendyk requested a joint closed ~ession with the Redevelopment Agency when appropriate to do so. City Manager Molendyk commented on the increasir~ interest in proceeding with development, particularly on the part of Brighton Homes and requested a Study Session to assist t:sem in this process. He suggested April 17th at 3:00 p.m. CITY COUNCIL COMMENTS Councilman Dominguez thanked Mrs. Rodriguez for ;zer involvement in the Neighborhood Watch program and recommended *hat she remain in communication with the Sheriff's Department. Councilman Starkey commented on the Month of th~. Young Child festivities and advised the Community of the Apzil 27th Fair at Butterfield Sohool in connection with this progi°am. Councilman Winkler requested that staff follow-~~ on the Neighborhood concerns raised by Mrs. Rodriguez and provide a report on aid that can be given to the program. Councilman Winkler advised that the WRCOG Local :overnment Finance Task Force met with state and federal legislato_s on April 5th to discuss to repeal of SB 2557. He further advis~d that Senator Bergeson indicated that there will probably be r:o change this year due to budget constraints, however, it could be lifted for next year. Councilman Dominguez questioned the County's pursuit of charging Business License fees to help balance this deficit. Mr. Winkler advised that this was not discussed during the meeting, however, it is being pursued. Mayor Washburn commented on the Inland Empire Economic Conference in which the City/Redevelopment Agency operated a booth. He indicated that there was much interest in the City and a good overall attendance. Mayor Washburn advised that he and Mayor Pro Tem Starkey presented a key to the City to the De Anza Caballeros and commented on their trek to San Juan Capistrano as part of a 53 year tradition. He also advised that this was only the second time they have stopped in Lake Elsinore in that 53 years. Mayor Washburn commented on the Kangaroo Rat Jc:int Powers Authority he and Councilman Buck are attending and commented on the future potential of the Gnatcatcher being added to the list of endangered species. THE CITY COUNCIL MEETING WAS RECESSED AT 8:39 I'.M. THE CITY COUNCIL RECONVENED AT 8:46 P.M. PAGE NINE - CITY COUNCIL MINUTES - APRIL 9, 1991 CLOSED SESSION THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SP:SSION WITH THE REDEVELOPMENT AGENCY AT 8:47 P.M. TO DISCUSS MilTTERS OF PENDING LITIGATION INVOLVING JONES INTERCABLE, EVMWD, LAKE ELSINORE ASSOCIATES, ADAMS ADVERTISING AND THOMPSON. THE CITY COUNCIL RECONVENED AT 10:02 P.M. NO r'~CTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY TO ADJOURN THE REGULAR CITY CO K AND CARRIED BY UNANIMOUS VOTE EETIN~T i0_:03 P~ V Vv~/~~/' GARY~ WASHFIURN, MAYOR CITY O LAKE ELSINORE AT EST: VI KA AD, CIT CLERK CITY OF LAKE ELSINORE