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HomeMy WebLinkAbout01-12-1988 City Council Minutes 98 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 12, 1988 ***************************************************************** CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Strigotte at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Gilbert, City Attorney Harper, Administrative Services Director Barrick, Community Development Director Miller, Public Services Director Kirchner, Executive Assistant Rogers and City Clerk Kasad. . PUBLIC COMMENTS 1. Charles Harris, Attorney representing the owners of Skylark Airport, addressed Item #11 on the Consent Calendar relating to Hangar Demolition. Mr. Harris requested that Council consider issuance of a new Conditional Use Permit with several changes to the original one relating to placement of a security guard on site, floodproofing of the hangar, signage requirements and improvements to the water system. He further requested that they be given another 120 days for rehabilitation of the hangar. CEREMONIALS/PRESENTATIONS A. Proclamation - Daniel Strong Mr. Strong was unavailable for presentation. B. Councilman Dominguez introduced Coach Jesus Botello, representing the Lake Elsinore Soccer Team, who presented the Mayor with a team photograph and the Championsh trophy. Mayor Strigotte presented a Certificate ofAchievemen~ honoring the Lake Elsinore Soccer Team of the Riverside Adult Soccer League for their League Championship win, and presented their coach Jesus Botello with a c~ty Flag. CONSENT CALENDAR The following items were pulled from the Consent Cale~~~Y for further discussion and consideration: Item Nos. 7, 11 and 13. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. - ~ CD '" w m <t ,..-. . - 99 Page 2 - City Council Minutes - January 12, 1988 1. The following Minutes were approved: a. December 22, 1987 - Regular City Council Meeting. The following Minutes were received and filed: b. December 15, 1987 - Planning Commission Meeting. Received and filed Animal Control Activity Report for December, 1987. 2 . 3. Received and filed Building Activity Report for December, 1987. 4. Received and filed structure Abatement Program status Report for December, 1987. 5. Ratified Warrant List for December, 1987, in the amount of $781,446.94. 6. Rejected and Referred to the City's Insurance Carrier, Claim Submitted by Chevron U.S.A., Inc. 8. Authorized Staff to Advertise for Proposals for a one-year renewable contract on the Maintenance of Street-Scapes. 9. Accepted Notice of Completion for the Lakeshore Drive Back-up Wall Landscape Project, and authorized recordation of same. 10. Accepted Notice of Completion for the Machado Street Resurfacing Project, and authorized recordation of same. 12. Approved Contract for Mobile Home and Recreational Vehicle Park Inspection Services with Mr. Wm. M. Flamer. 14. Accepted Subdivision Improvement Performance Bonds for Off- Site Improvements in Residential Project 86-3 Located at Lewis and Graham and authorized the City Clerk to accept said documents. 15. Accepted a Set Aside Letter for Off-site Improvements in Commercial Project 87-5 Located at Dexter and Central and authorized the City Clerk to accept said document. 16. Accepted Quitclaim Deed for Water Rights for a Single Family Residential Unit at 1501 Heald Street for James E. Enochs, and authorized recordation of the Deed. 17. Accepted Quitclaim Deed for Water Rights for a Single Family Residential Unit at 219 Townsend for Phillip & Mary Estrada and authorized recordation of the Deed. 18. Accepted Quitclaim Deed for Water Rights for Commercial Project 83-11 for David Vosburgh and authorized recordation of the Deed. 19. Approved public hearing date of January 26, 1988 for: a. An Ordinance of the City of Lake Elsinore, adopting by reference the Riverside County Fire Protection Ordinance 546 and adding to Chapter 15.42 of the Lake Elsinore Municipal Code relating to the Fire Code. 100 Page 3 - City Council Minutes - January 12, 1988 b. Zoning Code Amendment 88-1 A Staff Initiated Code Amendment to amend certain portions of Title 17 to include the nonresidential development standards related to Gasoline Dispensing Establishments contained in the Municipal Code. Subject Amendment will include but not be limited to buildings/structure setbacks, parking criteria and aesthetic factors/ values related to such uses. .- ITEMS PULLED FROM THE CONSENT CALENDAR 7. Claim submitted by Bobbi Childers. Mayor Strigotte expressed concern with the types of claims being filed against the City, using this one as an example of people participating in local activities and holding the City responsible. This particular claim related to someone playing on an adult softball team and getting hit in the head by a member of the other team's forearm. He further commented that this is one of the reasons that City policies and regulations are established, and also the reason that Cities are having difficulty obtaining adequate insurance coverage. MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO REJECT AND REFER CLAIM SUBMITTED BY BOBBI CHILDERS TO THE CITY'S CARRIER. 11. Award of Contract for Abatement of Skylark Airport Hangar at 20701 Cereal Street to Pomona Valley Equipment Rentals in the amount of $9777.00. Councilman Vermillion expressed concern with the range of prices in the bids received, and if the low bidder was truly aware of what work would be involved. .... Chief Building Official Shear advised that he had confirmed the work and the price by telephone, following the bid opening. Councilman Vermillion commented that he felt the owner should be given one more chance to abate the building. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO ADOPT THE FINDINGS LISTED BELOW, DENY THE REQUEST FOR BUILDING PERMIT AND AWARD CONTRACT FOR ABATEMENT OF THE AIRPORT HANGAR TO POMONA VALLEY EQUIPMENT RENTALS. Findinqs 1. No new information has been submitted to warrant changes in previously approved conditions, which have since expired, in any case. 2. Ample time has been allowed the owner of Skylark Airport to repair or demolish the hangars themselves. .... 3. After repeated notices to the owners and operators of the airport to rectify the situation the City has progressed to a stage where we have solicited and received bids to demolish the hanger and are prepared to immediately proceed with the demolition. ~ ~ w ~ w rn ~ ~ ~ 101 Page 4 - City Council Minutes - January 12, 1988 13. salary/Benefits Survey for the Executive Group. MOVED BY STRIGOTTE, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CHANGE THE EFFECTIVE DATE IN RESOLUTION NO. 88-1 FROM OCTOBER 1, 1987 TO JANUARY 1, 1988. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 88-1 THROUGH 88-3 AS AMENDED. RESOLUTION NO. 88-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FORTH COMPENSATION AND SUPPLEMENTARY BENEFITS FOR EXECUTIVE EMPLOYEES. RESOLUTION NO. 88-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FORTH COMPENSATION OF THE CITY MANAGER. RESOLUTION NO. 88-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FORTH THE COMPENSATION PACKAGE FOR THE CITY CLERK. PUBLIC HEARINGS 31. Tentative Parcel Map 22914 Revised = Brookstone Development, Inc. A request to resubdivide six (6) existing lots, totaling 6.07 acres, into sixteen (16) lots ranging in size from 0.28 acres to 0.68 acres in an M-l (Limited Industrial) Zone located between Third and Birch Streets approximately 435 feet south of Minthorn Street. Community Development Director Miller advised that in conjunction with Industrial Project 87-5, this project would be in compliance with all requirements of the Code. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:17 p.m. asking those in favor of Tentative Parcel Map 22914 Revised. Steve ~own, 35721 Beach Road, Capistrano Beach, representing the applicant, advised that they were in agreement with all proposed conditions of approval. Mayor Strigotte asked those in opposition to speak. Hearing no one the public hearing was closed at 7:19 p.m. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO ADOPT FINDINGS LISTED BELOW; Findinqs 1. Subject to the attached conditions, the proposed project is not anticipated to result in any significant adverse environmental impact. 2. This project, as approved, complies with the Goals and Objectives of the General Plan and the Limited Industrial 102 Page 5 - City Council Minutes - January 12, 1988 Zoning District. 3. The site, in conjunction with Industrial Project 87-5 and all related Conditions of Approval is suitable for this type of development. AND APPROVE TENTATIVE PARCEL MAP 22914 SUBJECT TO THE FOLLOWING CONDITIONS. Conditions .... 1. Tentative Parcel Map 22914 Revised will expire in two (2) years from the date of approval. 2. Submit a letter of verification to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to applying for encroachment permits. 3. Work done under encroachment permit for off-site improvements shall be delineated on street improvement plans and be approved and signed by the City Engineer prior to issuance of permit. 4. Plans and specifications shall be prepared by a civil engineer and include signing and striping plan. 5. Meet all requirements of Chapter 12.08 of the Municipal Code regarding encroachment permits. 6. Meet all requirements of Chapter 16.34 of the Municipal Code regarding public improvements for buildings and sUbdivisions. ..- 7. Meet all requirements of Chapter 15.72 of the Municipal Code regarding grading. 8. Meet all requirements of Title 16 of the Municipal Code regarding subdivisions. 9. Meet all requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulations. 10. Meet all requirements of Chapter 15.68 of the Municipal Code regarding floodplain management. 11. Meet all requirements of Resolution No. 83-78 regarding fees for encroachment permits. 12. Meet all requirements of Resolution No. 77-39 regarding capital improvement fees and engineering plan check fees for other than subdivisions. 13. Meet all requirements of Resolution No. 83-12 regarding installation of improvements as a condition of building permits. 14. Meet all requirements of Resolution No. 85-26 regarding engineering plan check and inspection fees for subdivision, lot mergers, and lot line adjustments. ..- 15. Meet all requirements of Resolution No. 83-87 regarding public safety mitigation fees. 16. Dedicate underground water rights to the City of Lake Elsinore or its assignee per Ordinance No. 529, prior to recordation of final map. - ~ (0 oM W CD <I: -" - 103 Page 6 - City Council Minutes - January 12, 1988 17. Sign agreement and cooperate with the City in forming a Lighting and Landscaping District (Resolution 86-26, 86-27, 86-36); document can be obtained in the Engineering Department. 18. Provide street lighting as required by City Engineer. 19. Provide fire protection facilities as required in writing by Riverside County Fire Department. 20. Meet all requirements of Resolution No. 83-75 regarding fees for flood hazard review by Riverside County Flood Control District. 21. The developer shall cause to be recorded an irrevocable reciprocal easement for parking and circulation between adjacent property owner; developer shall provide parking, circulation and landscape maintenance agreements for all lots subject to the approval of the Director of Community Development. In addition, CC & R's shall be approved by the City Attorney and Director of Community Development which enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 22. Finished floor elevations shall be at least l-foot above the 100 year flood level. 23. The developer shall work with the developer of the Warm Springs Industrial Park (Tentative Parcel Map 21297), Riverside County Flood Control District and the U.S. Army Corps of Engineers to insure immediate adequate interim and permanent disposal of all run-off from Birch Street into Temescal Wash in anticipation of full development of the Outflow Channel. Such plans are subject to review and approval of the Directors of Community Services and Community Development and interim measures shall be operation prior to issuance of Certificates of Occupancy for Industrial Project. 24. Applicant shall provide a recorded drainage letter from downstream property owners to the Temescal Wash accepting drainage, subject to the approval of the City Attorney and city Engineer. 25. Developer shall insure that permits are obtained (if necessary) from the Army Corps of Engineers and the California Department of Fish and Game before wetland area is disturbed, in conjunction with this project. 26. Prior to issuance of building permits developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a drainage mitigation fee. Whereas the City is in the process of developing a Master Plan of Drainage for this area, and the final plan has not yet been adopted but the previously completed Master Plan of Drainage for the West End indicates a fee of $4,000 per acre is in order, the developer shall deposit $4,000 per acre which may be partially returned if the indicated drainage fee is lower. 27. A note shall be placed on the Final Map which identifies this site's Federal Emergency Management Agency Flood Zone designation and advises as to flood hazard which may be present in its unimproved condition. 104 Page 7 - City Council Minutes - January 12, 1988 28. Prior to the Final Map recordation, provide to the satisfaction of the Community Development Director and Public Services Director written documentation that each applicable condition of approval has been fully met to the satisfaction of each agency and party responsible for the respective condition. 29. A property owner's association shall be formed in asso- ciation with this map, and will be included in the CC & Rls for the project which shall be recorded along -- with the final map. 30. Buildings 4,6, 7 and 9 shall each be built as two separate buildings in order to satisfy Uniform Building Code requirements (See Exhibit "E"). BUSINESS/DISCUSSION ITEMS 51. Trial Assessment District 87-1 Improvements for the Area East of Chaney Street, West of Lewis Street, North of Lakeshore Drive and South of Flint Street. Public Services Director Kirchner advised that this proposal was in response to requests for Public Works improvements in the older areas of the city, such as curbs and gutter, , sidewalks and street lighting. Councilman Dominguez inquired if this would include the area West of Chaney. Public Services Director Kirchner advised that the plan could be amended to include that area. MOVED BY DOMINGUEZ, SECONDED BY MATSON AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFF'S RECOMMENDATIONS AS FOLLOW, WITH THE AREA __ BEING AMENDED TO INCLUDE THE AREA WEST OF CHANEY STREET AS WELL. Staff Recommendations 1. Request City Attorney to ascertain if other methods of assessment district financing can be utilized. 2. Prepare a proper petition for the waiver of the Debt Limit Act, such that if the property owners wish, they can sign the waiver petition and then the City Council can proceed. 3. Notify the resident owners (parcels with the boundaries on the assessment district) of the availability of the petition at the City Hall for their signature if they so desire the improvements. 52. Request for Review of Accessory Structures within the Lakeshore Overlay District at 1122 W. Lakeshore Drive - Bud Attridge. Community Development Director Miller advised that this item was on the agenda to obtain Council direction for addressing this type of structure. He further advised that a particular area of concern involved the paper streets between lots. -- Bud Attridge, applicant, advised that these are temporary structures not set in concrete and can be moved if necessary with fluctuations in the water level. Councilman Matson advised that he felt these should be considered acceptable accessory structures. ~ v w ~ w m ~ ~ 105 Page 8 - City Council Minutes - January 12, 1988 Mayor Strigotte suggested that if staff is looking for an example of standards, this should be viewed as a good one. He stressed the need for them to be portable, easily moved, an aesthetically pleasing appearance and a standard size. He questioned the amount of staff work involved in approval at the staff level based on Council direction. Community Development Director Miller advised that staff could handle this and suggested that staff return with guidelines for the next meeting. Mayor Strigotte expressed the need to maintain the paper streets on the books as they are until final Lake Management plans are complete. Councilman Dominguez stressed that there should be no foundations on this type of structure and that they be maintained as temporary structures. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO ALLOW THIS TYPE OF STRUCTURE IN THE LAKE SHORE OVERLAY DISTRICT. 53. Animal Control Alternatives - Update. City Manager Molendyk advised that two proposals had been received and suggested that they be referred to the Public Works Committee for recommendations. Councilman Matson suggested referral to the Council Finan~e Committee as well. Mayor Strigotte advised that this would be referred to Council Committees for meetings with both groups and further consideration. BUSINESS ITEMS 54. Second Readinq - Ordinance No. 825. Relating to Zone Change 87-9 - Larmor Development Company. MOVED BY MATSON, SECONDED BY VERMILLION AND UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 825. ORDINANCE NO. 825 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING APPROXIMATELY 5 ACRES LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER AVENUE AND CENTRAL STREET FROM M-l (LIMITED MANUFACTURING) TO C-M (COMMERCIAL-MANUFACTURING) ZONING DISTRICT (ZONE CHANGE 87-9 - LARMOR DEVELOPMENT CO.) UPON THE FOLLOWING ROLL CALL VOTE: ~ AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 106 Page 9 - City Council Minutes - January 12, 1988 CITY MANAGER COMMENTS City Manager Molendyk advised that Centennial Calendars were available to the public in City Hall for six dollars. He also gave the following update on public works projects, Collier/Central Intersection to be completed Thursday, January 14; Lakeshore Drive Project is on schedule; Lakepoint Park Phase II nearing completion; stop sign at Joy/Machado installed and the Chamber of Commerce/Centennial station Project has begun. - CITY COUNCIL COMMENTS Mayor Strigotte advised that the nomination period for City Council Office would begin on January 14, 1988. ADJOURNMENT MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 7:34 P.M. J. ~EdoR OF LAKE ELSINORE ~'TEST: ~~~LERK CITY o~'~~~~iNORE .:-- - - ~