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HomeMy WebLinkAbout08-25-1987 City Council Minutes 414 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 25, 1987 **************************************************************** 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, VERMILLION, WINKLER, STRIGOTTE ABSENT: COUNCILMEMBERS: MATSON Also present were: City Manager Molendyk, Assistant City. Manager Gilbert, City Attorney Harper, Community Development Director Miller, Administrative Services Director Barrick,. Public Services Director Kirchner, and City Clerk Kasad. PUBLIC COMMENTS ~. ... . - , None. - CEREMONIALS/PRESENTATIONS None. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: Items 3 and 7. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. The following Minutes were approved: a. August 11, 1987 - Regular City Council Meeting. The following Minutes were received and filed: ...., b. August 4, 1987 - Planning Commission Meeting. 2. Received and filed Investment Report for July, 1987. 4. Adopted Resolution No. 87-52 - Supporting a proposed Barbershop Harmony Commemorative Stamp. 4t5 Page 2 - City Council Minutes - August 25, 1987 RESOLUTION NO. 87-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE SUPPORTING A PROPOSED BARBERSHOP HARMONY COMMEMORATIVE STAMP. - 5. Denied Application to Council for the Waiver of Prohibition of Solicitation in the Public Right of Way - Martin's New York Style. (Continued from August 11, 1987). 6. Adopted Resolution No. 87-53 Declaring Intent to Submit Claims for Funds Under the Transportation Development Act of 1971 (Articles 4 and 8). RESOLUTION NO. 87-53 I'- LD C\J W CD <I: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SIGNIFYING ITS INTENTION TO SUBMIT A CLAIM FOR FUNDS UNDER THE TRANSPORTATION DEVELOPMENT ACT OF 1971 AND AUTHORIZING THE ADMINIS- TRATIVE SERVICES DIRECTOR TO COMPLETE ALL DOCUMENTS TO SUPPORT CLAIMS FOR FUNDS. 8. Approved Appropriation and Transfer of funds for Replacement and Additional Equipment - Code Enforcement Cars. 9. Accepted Quitclaim Deed for Water Rights on Residen- tial Project 84-9 - 15177 Lincoln Avenue - Pacific Investment and Land Company. - ITEMS PULLED FROM CONSENT CALENDAR 3. Rejected and referred to carrier Claim submitted by Frank DePasquale. Councilman Vermillion questioned whether the property this claim pertains to is being used by the City and whether there is a contract between Mr. DePasquale and the city. Mayor Strigotte clarified that there never was a contract with the City and the City not using the property. He explained that the contract was with the Downtown Business Association and was terminated last October. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REJECT AND REFER CLAIM SUBMITTED BY FRANK DEPASQUALE. 7. Authorized transmittal of a Letter of Support of a citizens effort with regard to Telephone Toll Rates. - Mel Miller, P.O. Box 1, Murrietta, spoke on behalf of the Rancho California-Temecula-Murrietta Business Exchange, explained current efforts by local business and residents to implement a program making all calls within the Lake Elsinore Valley free of toll charges. He requested support of the Council and the residents of this Community to convince the Public Utilities commission and the Telephone Company to implement this change. He advised that he is pushing for 10,000 signatures in this effort. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE STAFF TO PREPARE A LETTER OF SUPPORT TO THE PUBLIC UTILITIES COMMISSION. 416 Page 3 - City Council Minutes - August 25, 1987 PUBLIC HEARINGS 31. Tentative Tract Map 22538 - Robert ~ Williams A request to subdivide 1.86 acres into five (5) parcels of 10,454 to 24,393 square feet. The project site is within the R-l Zoning District located on the easterly side of Machado Street between Christina Court and Marie Drive. Community Development Director Miller presented the proposed project. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:05 p.m. asking those in favor of the Tentative Tract Map to speak. No one spoke. .... Mayor Strigotte asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:06 p.m. MOVED BY VERMILLION, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT, TO ADOPT NEGATIVE DECLARATION NO. 87-22; ADOPT FINDINGS LISTED BELOW; Findinqs 1. The proposed Tentative Tract Map Number 22538 is consistent with the adopted General Plan. 2. The proposal complies with all applicable ordinances, pOlicies, and standards of development presently in __ effect with the City of Lake Elsinore. 3. All potentially significant environmental impacts are mitigated through Conditions of Approval imposed upon this project. 4. The site is physically suitable to this type and density of residential development. 5. No substantial environmental effect or serious public health problems are likely to occur as a result of this proposed subdivision. 6. No conflicts with any identified public easements are anticipated. AND APPROVE TENTATIVE TRACT MAP 22538 SUBJECT TO THE FOLLOWING CONDITIONS: Conditions 1. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the conditions of approval. 2. This conditionally approved Tentative Tract Map No. 22538 will expire two (2) years after the City Council approval date, unless extended as provided by the State of California SUbdivision Map Act. ... - I"- LD C\I W OJ <( - - 417 Page 4 - City Council Minutes - August 25, 1987 3. Prior to recordation of the final map, the applicant shall provide written documentation to the Community Development Director that each applicable condition of approval has been fully met to the satisfaction of each agency and party responsible for the respective condition. 4. Prior to final map recordation a "will serve" letter shall be obtained and submitted to the City from agencies providing utilities to the project. 5. Separate water service and meters shall be provided for each parcel. No service lines shall cross adjacent property lines. 6. The applicant shall pay all applicable water and sewer service connection fees, prior to the issuance of building permits. 7. The applicant shall provide service to all parcels to the satisfaction of Elsinore Valley Municipal Water District. 8. The applicant shall provide for drainage off-site to the satisfaction of the City Engineer. 9. A precise survey with closures for boundaries and lots shall be provided, per City Ordinance. 10. Drainage easements shall be provided with the property owners to maintain drainage facilities. 11. The applicant shall dedicate an additional fourteen (14) feet of right-of-way on Machado Street. 12. Prior to City Council review and approval of the Final Map the applicant shall have street improvement plans reviewed, approved and signed by the City Engineer. 13. The applicant shall provide full street improvements to the satisfaction of the City Engineer. 14. The applicant shall obtain agreements from adjacent property owners to accept on-site drainage. 15. The applicant shall remove existing catch basin and construct a new catch basin at a location approved by the City Engineer which shall connect to existing storm drain system. Enqineerinq Department Conditions 16. Meet all requirements of Chapter 12.08 of the Municipal Code regarding encroachment permits. 17. Meet all requirements of Chapter 16.34 of the Municipal Code regarding public improvements for buildings and subdivisions. 18. Meet all requirements of Chapter 15.72 of the Municipal Code regarding grading. 19. Meet all requirements of Title 16 of the Municipal Code regarding sUbdivisions. .;I."~~; 418 Page 5 - City Council Minutes - August 25, 1987 20. Meet all requirements of Chapter 15.68 of the Municipal Code regarding floodplain management. 21. Meet all requirements of Resolution No. 83-78 regarding fees for encroachment permits. 22. Meet all requirements of Resolution No. 77-39 regarding capital improvement fees and engineering plan check fees for other than subdivisions. 23. Meet all requirements of Resolution No. 83-12 regarding installation of improvements as a condition of building permits. .... 24. Meet all requirements of Resolution No. 85-26 regarding engineering plan check and inspection fees for subdivisions, lot mergers, and lot line adjustment. 25. Meet all requirements of Resolution No. 83-87 public safety mitigation fees. 26. Dedicate underground water rights to the City of Lake Elsinore or its assignee per Ordinance No. 529. 27. Sign agreement and cooperate with the City in forming a Lighting and Landscaping District. 28. Provide street lighting as required by City Engineer. 29. Provide fire protection facilities as required in writing by Riverside County Fire Department. 30. No permanent structures shall be allowed in the panhandles. ..- 31. A reciprocal ingress/egress and maintenance agreement shall be recorded on this Tentative Tract Map. 32. Conditional Use Permit 87-9 - Arthur ~ Nelson Appeal of request to allow a Lutheran Church to locate in a C-l (Neighborhood Commercial) District and to allow for shared parking in an existing strip commercial development located at the south- westerly corner of Lakeshore Drive and Clement Street. Community Development Director Miller advised that this appeal is due to a Planning Commission vote of 2 to 2 which did not approve the application. He explained that that this is a two part use permit request, first to allow a church in a commercial zone and second for shared parking. The city Clerk reported no written comments or protests. Mayor strigotte opened the public hearing at 7:08 p.m. asking those in favor of the Conditional Use Permit to speak. The following people spoke. Steve Twigg, 30920 Plumas, representing the Shepard of Life Lutheran Church, detailed the location history of this church since it began in Lake Elsinore in 1984. He ..- 419 Page 6 - City Council Minutes - August 25, 1987 - also expressed the need to have everyday access to the facility for administrative functions, and that the Women's Club where they now hold services does not offer that type of availability. He explained that this would be a temporary arrangement, only until their new facility is built. He also explained the improved parking situation at this location from the one at Graham Avenue and Lowell street. steve Brown, representing the applicant, reiterated the temporary nature of this use, with the new facility currently in the planning stages. He also advised that he felt the parking concerns of this project have been adequately addressed. I"- LO C\I W CD <( Reverend Jack Norstead, 35020 Orange street, Wildomar, explained the need for office space to perform administrative tasks and provide counseling services. He also explained that should the congregation grow so drastically that parking becomes a problem they could add more services on Sunday to accomodate them. Andrea Anderson expressed concern that the. congregation needs a better facility so it can provide its members and the entire community with services such as counseling. She highlighted the amenities and decor that would be provided to make the building a pleasant one for its members and the community. - Mayor Strigotte asked those in opposition to speak. The following person spoke. Forrest Brothey, 16253 Lakeshore Drive, advised that he was in favor of commercial development in this area when the public hearing was held. He expressed concern that a church is not an appropriate use for this building or for this type of development. Mayor Strigotte closed the public hearing at 7:25 p.m. Councilman Winkler expressed concern that this is financial move on the part of the owner/builder to fill his building, and not in the interest of the best use of a commercial area. He was also concerned with the "temporary" nature of the use and the tendency for this type of permit to turn into a permanent arrangement. Councilman Dominguez requested clarification of the reason for changing locations. - Mr. Twigg clarified that they need the space on a daily basis to the achieve administrative functions of the church, and the Women's Club is not available on that basis. In response to Councilman winkler's concerns he stressed that the maximum time for this use of the building would be three years to allow for construction of their new church. Councilman Dominguez expressed concern with the parking study, in that he felt it was deficient for the use. Mayor Strigotte commented that proposed Conditions 2, 3, and 4 relating to parking are very difficult to enforce. 420 Page 7 - City Council Minutes - August 25, 1987 He questioned who would regulate and enforce the parking, and expressed concern with regard to temporary uses becoming permanent. City Attorney Harper clarified that this type of Conditions in a Conditional Use Permit are the basis for the permit and if they chose to not enforce the parking then that permit could be revoked. ...." COUNCILMAN VERMILLION MOVED TO APPROVE THE CONDITIONAL USE PERMIT AS RECOMMENDED. MOTION DIED FOR LACK OF A SECOND. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO DENY CUP 87-9. 33. Amendment 87-5 - City of Lake Elsinore To amend Section 17.98.080 regarding overnight camping and Section 17.98.090 regarding the sale or dispensing of alcoholic beverages in conjunction with Temporary Outdoor Activities. Community Development Director Miller explained that this Ordinance was in conjunction with the Temporary Outdoor Activities Ordinance recently adopted. He clarified that these were the specific conditions that Council had directed be modified to allow the City Manager, or his designee or the City Council to approve requests to allow overnight camping or serving of alcoholic beverages. The City Clerk reported no written comments or protests. ~ Mayor Strigotte opened the public hearing at 7:43 p.m. asking those in favor of Amendment 87-5 to speak. No one spoke. Mayor Strigotte asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:44 p.m. Councilman Vermillion reiterated his concerns that the limitations set by this Ordinance are too restrictive. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO ADOPT FINDINGS LISTED BELOW; Findinqs 1. The proposed Amendment will not have any significant impacts upon the environment. 2. The proposed Amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed Amendment or within the City, (2) injurious to property or improvements in the neighbor- hood or within the city. ..., 3. The proposed Amendment will be consistent with the latest General Plan. APPROVE AMENDMENT 87-5 AND ADOPT ORDINANCE NO. 818. 421 Page 8 - City Council Minutes - August 25, 1987 ORDINANCE NO. 818 ~ AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.98.080 AND 17.98.090 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING OVERNIGHT CAMPING AND SALE OR DISPENSING OF ALCOHOLIC BEVERAGES, RESPECTIVELY IN CONJUNCTION WITH TEMPORARY OUTDOOR ACTIVITIES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: MATSON ~ ~ N W m ~ ABSTAIN: COUNCILMEMBERS: NONE BUSINESS/DISCUSSION ITEMS 51. Tentative Tract Map 20296 = The Grayson Companies Extension of Time. Request for Extension of Time for a 65 lot sUbdivision on 76.87 acres in an R-l (Single Family Residential) - HPD (Hillside Planned Development Overlay) District located south of Grand Avenue and west of Ortega Highway. ~ Community Development Director Miller advised that he spoke with Bob Gray of the Grayson Companies this date and Mr. Gray requested continuance of this item to September 22, 1987 to allow him to work with staff to resolve this need for an extension of time. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS MATTER TO THE MEETING OF SEPTEMBER 22, 1987. 52. Aqreement for Architectural Services on the Lake Community Center proiect = Alcorn and Associates. Assistant City Manager Gilbert presented the proposed agreement and advised that he and Mr. Alcorn were available to answer any questions Council might have. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE PROPOSED AGREEMENT WITH ALCORN AND ASSOCIATES. ~ 53. Santa Ana Watershed proiect Authority (SAWPA) Aqreement for the Lake Elsinore Manaqement Plan. City Manager Molendyk highlighted the prior review of the plan and prior meetings with SAWPA. Councilman Dominguez questioned the City appropriation and the Redevelopment Agency appropriation. City Manager Molendyk clarified that each agency would have an appropriation of $10,000 and that would technically give the City two votes. 422 Page 9 - City Council Minutes - August 25, 1987 Mayor Strigotte advised that he attended the SAWPA hearing in Riverside on August 24, and he felt too many questions were unresolved for the City to put $20,000 into the effort. He explained his concern that we obtain a report on the long term fiscal impacts of the agreement. He also expressed concern that SAWPA is not willing to cooperate with the City on this plan and suggested denial of the agreement. MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE __ OF 3 TO 0 WITH WINKLER ABSTAINING TO DENY THE PROPOSED AGREEMENT. 54. Resolutions implementinq Title 10: Vehicles and Traffic = Resolutions 87-32 thru 87-41. MOVED BY VERMILLION, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NOS. 87-32 THROUGH 87-41. RESOLUTION NO. 87-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS AND DIRECTING THE PLACEMENT OF CERTAIN STOP SIGNS. RESOLUTION NO. 87-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING CERTAIN STREETS AND ALLEYS FOR ONE-WAY TRAFFIC. - RESOLUTION NO. 87-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS. RESOLUTION NO. 87-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS DESIGNATED AS STATE HIGHWAYS. RESOLUTION NO. 87-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PARADE PERMIT FEES. RESOLUTION NO. 87-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. RESOLUTION NO. 87-38 ...., A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PARKING RESTRICTIONS ON CERTAIN STREETS AND PUBLIC PARKING LOTS. RESOLUTION NO. 87-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING LOCATIONS OF LOADING ZONES ON CERTAIN STREETS. ";",~'~^", 423 Page 10 - City Council Minutes - August 25, 1987 RESOLUTION NO. 87-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING PORTION OF CERTAIN STREETS AS BICYCLE LANES. ..... 55. Discussion of District Attorney's New Policy = Effect on city Attorney's Contract = Cost Consider- ations. As requested Mayor striqotte. ~ ~ N W m ~ City Attorney Harper commented on the recently terminated contract with the Riverside County District Attorney's Office. He explained that due to this year's budget cuts at the County level the District Attorney was not handling cases of any public agencies, even those cases on which it has already filed. He further explained that this termination was done without notification until after the fact and without prior discussion. Mr. Harper is currently working with the District Attorney to obtain files and take over cases already begun. Mayor Strigotte suggested that a letter be sent to the Riverside County Board of Supervisors requesting reconsideration of this provision of service. He also felt possibly a letter should go to the Grand Jury with regard to this termination. Councilman Winkler suggested a letter also be sent to the State Bar advising of this action. ..... City Attorney Harper advised that if the City is required to handle its own cases, it will give us better idea of recurring problems and allow us to resolve many of them without further incidence. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE CITY ATTORNEY TO PROSECUTE CASES ON BEHALF OF THE CITY, AND DIRECTED LETTERS BE SENT TO THE BOARD OF SUPERVISORS, THE GRAND JURY AND THE STATE BAR. BUSINESS ITEMS 56. Ordinance No. 815 = Second Reading Adoption of Redevelopment Plan for Project Area No. III. MOVED BY DOMINGUEZ, SECONDED BY STRIGOTTE TO ADOPT ORDINANCE NO. 815 UPON SECOND READING. SAID MOTION FAILED TO CARRY BY THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, STRIGOTTE ..... NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: MATSON ABSTAIN: COUNCILMEMBERS: WINKLER 57. Ordinance No. 817 = Second Reading Zone Change 87-5 - Art Nelson, Brookstone Deve~opment, Inc. 424 Page 11 - City Council Minutes - August 25, 1987 Councilman winkler commented that in light of the earlier request for a Conditional Use Permit he is not sure that this Zone Change should be approved. Councilman Dominguez concurred with the opinion of Councilman Winkler because he is concern with the development of that area since it has the potential of becoming a key commercial area. Mayor Strigotte suggested continuance of this item for __ two weeks to allow for communication with the applicant. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE TO MEETING OF SEPTEMBER 8, 1987. Councilman Winkler requested a staff report on a possible moratorium to master plan this area. CITY MANAGER COMMENTS Update on Public Works Projects. City Manager Molendyk gave status reports on the following projects underway within the City: Lakeshore Drive Landscaping, Four Corners Traffic Signal, Slurry Seal Program, Lakeshore Drive Overlay, Railroad Canyon Traffic Signal, Lakepoint Park, COllier/Central Intersection Improvements, Machado Street Overlay, Yarborough Park, and the Downtown Storm Drain. CITX COUNCIL COMMENTS Mayor Strigotte requested an update on the Municipal Code Recodification Project at the next meeting. Mayor Strigotte also advised that he has received a number of compliments with regard to the cleanliness of our local beaches and parks and the success of the weed abatement program. He thanked staff for its work in these areas. -- ADJOURNMENT MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:25 P.M. ~~~c CITY OF LAKE ELSINORE A,TTE.'-b"T ~ - <iti.~. ~ VI~KI LJ~AD, CITY CLERK CITYOF~LAKE ELSINORE ...- ,- '..'~"..'t\:~;.