HomeMy WebLinkAbout09-22-1987 City Council Minutes
438
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 22, 1987
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CALL TO ORDER
The Regular Meeting of the City Council was called to order by
Mayor Pro Tem Winkler at 7:00 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Matson.
ROLL CALL
PRESENT: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER
ABSENT: COUNCILMEMBERS: STRIGOTTE
PUBLIC COMMENTS
1.
Dr. Pat KUbis, P. O. Box 7392, Canyon Lake, advised that she
is working toward formation of a group called "Friends of the
Lake Elsinore Animal Shelter" to hold fund-raising events to
help improve the shelter. She requested Council support of
this effort. Mayor Pro Tem Winkler requested that staff be
provided any information she had with regard to a contact
person for this group.
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CEREMONIALS/PRESENTATIONS
Mayor Pro Tem Winkler called forward the Lake Elsinore Lakers
Soccer Team representative Mike Coogan, President of the Soccer
Club and presented him with Awards of Merit and City pins for
each member of the team, and called the team forward for
recognition. The following team members were present: Jeff
Freemer, Todd Bartholomew, Bryan Lembo, Jesus Areliz, Alfonso
Garcia, Ramon Hernandez, David LipoId, Peter Baldwin, Tim Lavin,
Raymond Nordland, Dylan Crouse, Kenneth Mitchell, Doug Chadwick
and Juan Galindo.
Mike Coogan and Allan Baldwin thanked the Council and t~e~eamYs
Sponsors for the support during the season. Team Captain Ra~on
Hernandez presented a team medal for Mayor Strigotte 1n thanks for
his coaching efforts in the past. .
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CONSENT CALENDAR
The following items were removed from the Consent Calendar tor
further consideration and discussion:
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Items 4, 5, 6, 7, 8, and 9
MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR.
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Page 2 - city Council Minutes - September 22, 1987
1. The following Minutes were approved:
a. September 8, 1987 - Regular City Council Meeting.
The following Minutes were received and filed:
b. September 1, 1987 - Planning Commission Meeting.
2. Received and filed Animal Control Activity Report for
August, 1987.
3. Received and filed Investment Report for August, 1987.
10. Approved Railroad Canyon Road Alignment Engineering contract
with R.M.G. Engineering in the amount of $21,200.00.
11. Accepted Donation for City Park from Alice Stark of Oceanside
to fund the Purchase of a tree in memory of Sarah Hyman,
deceased Lake Elsinore Resident.
12. Waived fee and approved Veteran's Day Parade Permit subject
to the following conditions:
1. The maximum speed for any unit in the parade shall be 5
mph.
2. The amplification of sound permitted to be emitted from
sound trucks or bull horns is to be fixed at a decided
level subject to approval by the City and shall not be
variable.
3. The parade must move at a fixed rate of speed without any
willful delay or willful stopping of such parade, except
when reasonably required for the safe and orderly conduct
of the parade.
4. The permittee will advise all participants in the parade,
either orally or by written notice, of the terms and
conditions of this permit prior to the commencement of
such parade.
13. Authorized 1987-88 Budget Amendment to allocate $10,000 from
reserves for a one time purchase of Office Equipment.
14. Authorized City Manager on behalf of the City to transmit a
Letter of Support for Assembly Bill AB 1794 (Costa) regarding
1988 Park Bond Legislation.
15. Approved Grant Easement to General Telephone for the purpose
of installing a new stub guy and anchor at Yarborough Park.
16. Accepted Irrevocable Slope Easement from Donald Chubbuck for
use in the realignment of Collier Avenue at Central Street.
17. Accepted Quitclaim Deed for Water Rights for property located
at 209 N. Mohr from Charles Estrada.
18. Accepted Quitclaim Deed for Water Rights for Residential
Project No. 86-6 from James Hawkes.
ITEMS PULLED FROM CONSENT CALENDAR
4. Claim submitted on behalf of Frances Strickland.
Councilman Vermillion question the procedure which places
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Page 3 - City Council Minutes - September 22, 1987
claims of this nature on the Consent Calendar with the Reject
& Refer recommendation. He suggested that these be dealt
with as Business Items so settlements could be negotiated by
the City Council.
Councilman Vermillion moved to allow for Council review of
this claim prior to denial. Motion died for lack of a
second.
City Attorney Harper explained the process and the potential
litigation circumstances of each claim. He advised that if
the Council chose to do so it could conduct such negotiations
in Closed Session.
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MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3
TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE AND STRIGOTTE
ABSENT TO REJECT AND REFER THE CLAIM SUBMITTED ON BEHALF OF
FRANCES STRICKLAND.
5. Claim submitted on behalf of Skylark Airport.
Councilman Vermillion stressed the same concerns detailed on
the previous item.
Councilman Vermillion moved to allow for Council review and
possible correction of the problem which made this claim
necessary. Motion died for lack of a second.
MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BYA VOTE OF 3
TO I WITH VERMILLION CASTING THE DISSENTING VOTE AND STRIGOTTE
ABSENT TO REJECT AND REFER THE CLAIM SUBMITTED ON BEHALF OF
SKYLARK AIRPORT.
6.
Animal Shelter Improvements - Proposal for an Interim Animal
Shelter located at the City'S Corporate Yard.
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Councilman Matson expressed concern with the establishment of
a temporary facility rather than a permanent one. He felt
that with the costs of a temporary facility being
approximately $79,000 it would be more justifiable to work
toward a permanent one instead.
City Manager Molendyk clarified for Council that the
permanent facility costs would be between $120,000 and
$160,000 plus land acquisition costs. He suggested that
staff bring back a report comparing the costs and advantages
of a permanent facility vs. a temporary one.
MOVED BY DOMINGUEZ, SECONDED BY MATSON AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO BRING BACK A REPORT COMPARING THE
ALTERNATIVES.
7. Assessment Engineering - Services Contract with Berryman-
Stephenson, Inc. for a Street Lighting Assessment District.
Council Matson requested additional details on how this type
of an Assessment District would work and what the impact
would be on current residents. He expressed concern with
residents who are already here being assessed additional
taxes if it is not necessary.
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City Manager Mo1endykc1arified that this could be done,
however, whatever Council decision is the implementation
would need to be accomplished prior to July 1, 1988.
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441
MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE THE CONTRACT WITH BERRYMAN-
STEPHENSON, INC. FOR ASSESSMENT ENGINEERING SERVICES.
8.
Approved Contract to Abate Vehicles on Private Property with
Brothers Towing.
Councilman Dominguez expressed concern with items 13 and 14
of this Contract relating to the rights of the vehicle
owners. He requested that this item be continued to the next
meeting so he can address his concerns with staff.
MOVED BY DOMINGUEZ, SECONDED BY VERMILLION AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS CONTRACT TO
OCTOBER 13, 1987.
9.
Approved Task Force Agreement with the Santa Ana Watershed
Project Authority (SAWPA).
Mayor Pro Tem Winkler requested clarification from the City
Attorney on his eligibility to vote on this matter. City
Attorney Harper advised that as a result of recent
communication with the Fair Political Practice Commission,
Mayor Pro Tem Winkler would not be required to abstain on the
vote to join the Task Force through approval of the
agreement.
MOVED BY DOMINGUEZ, SECONDED BY MATSON AND CARRIED BY A VOTE OF 3
TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO APPROVE THE
SANTA ANA WATERSHED PROJECT AUTHORITY AGREEMENT.
PUBLIC HEARINGS
31. Tentative Parcel Map 22826 = Brookstone Investors
A request to divide 1.46 acres into two (2) parcels of .73
net acres each, located on the east side of Birch Street,
approximately 592 feet south of Minthorn Street.
Community Development Director Miller explained the request
and advised that this would allow for two industrial build-
ings on the site.
Mayor Pro Tem Winkler opened the public hearing at 7:38 p.m.
asking those in favor of Tentative Parcel Map 22826 to speak.
The following person spoke.
Steve Brown, 35721 Beach Road, Capistrano Beach, representing
the applicant, requested support of the request and offered
to answer questions Council might have.
Mayor Pro Tem Winkler asked those in opposition to Tentative
Parcel Map 22826 to speak. No one spoke.
MOVED BY VERMILLION, SECONDED BY DOMINGUEZ AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT NEGATIVE DECLARATION
87-20; ADOPT FINDINGS LISTED BELOW:
Findinqs
1. Subject to the proposed 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
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Page 5 - city Council Minutes - September 22, 1987
Objectives of the General Plan and the Limited Industrial
Zoning District.
3. The site, in conjunction with the approved Industrial
Project and all related Conditions of Approval is
suitable for this type of development.
AND APPROVE TENTATIVE PARCEL MAP 22826 SUBJECT TO THE FOLLOWING
CONDITIONS.
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Conditions
1. Tentative Parcel Map 22836 will expire in two (2) years
from date of approval.
2. The developer shall cause to be recorded an irrevocable
reciprocal circulation easement 26 feet wide as
illustrated in Exhibit "E".
Enqineering Department Conditions
3. Meet all requirements of Chapter 12.08 of the Municipal
Code regarding encroachment permits.
4. Meet all requirements of Chapter 16.34 of the Municipal
Code regarding public improvements for buildings and
sUbdivisions.
5. Meet all requirements of Chapter 15.72 of the Municipal
Code regarding grading.
6. Meet all requirements of Title 16 of the Municipal Code
regarding sUbdivisions.
....",.
7. Meet all requirements of Chapter 15.64 of the Municipal
Code regarding flood hazard regulations.
8. Meet all requirements of Chapter 15.68 of the Municipal
Code regarding floodplain management.
9. Meet all requirements of Resolution No. 83-78 regarding
fees for encroachment permits.
10. Meet all requirements of Resolution No. 77-39 regarding
capital improvements fees and engineering plan check fees
for other than sUbdivisions.
11. Meet all requirements of Resolution No. 83-12 regarding
installation of improvements as a condition of building
permits.
12. Meet all requirements of Resolution No. 85-26 regarding
engineering plan check and inspection fees for
subdivisions, lot ,mergers, and lot line adjustment. .
13. Meet all requirements of Resolution No. 83-87 regarding
public safety mitigation fees.
14. Dedicate underground water rights to the City of Lake
Elsinore or its assignee per Ordinance No. 529.
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15. Sign agreement and cooperate with the City in forming a
Lighting and Landscaping District.
16. Provide street lighting as required by City Engineer.
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Page 6 - city Council Minutes - September 22, 1987
17. Provide fire protection facilities as required in writing
by Riverside County Fire Department.
BUSINESS/DISCUSSION ITEMS
-- 51. Tentative Tract Map 20296 = The Grayson Companies
(Continued from August 25, 1987)
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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 explained that staff is
currently working with the applicant on some problems being
encountered and that they should be resolved for Council
action at the meeting of October 27, 1987.
Mr. Paul Salata, 15707 Rockfield Road, Irvine, offered to
answer questions with regard to the project or the request
that it be continued.
MOVED BY DOMINGUEZ, SECONDED BY VERMILLION AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE EXTENSION OF TIME ON
TENTATIVE TRACT MAP 20296 TO OCTOBER 27, 1987.
52. Residential Pro;ect 84-9. Amendment ~ - Pacific Investment
i Land Corporation
A request to delete the conversion of an existing residence
into a clubhouse to retain as a manager's residence and office
for an 80-unit apartment complex located on the south side of
Lincoln Street approximately 850 feet west of Riverside Drive.
Community Development Director Miller explained the Amendment.
Jerry Bussey, 5 S. Lucinda, South Laguna, representing the
applicant, offered to answer Council questions.
MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO ADOPT FINDINGS LISTED BELOW:
Findinqs
1. The Amendment is part of a previously approved project for
which a Negative Declaration was approved.
2. The Amendment, as approved, will comply with the Goals and
Objectives of the General Plan and Zoning District in
which the project is located.
3. The proposed Amendment will not be (1) detrimental to the
health, safety, comfort, or general welfare of the persons
residing or working within the City, (2) injurious to
property or improvements in the neighborhood or within the
City.
AND APPROVE RESIDENTIAL PROJECT 84-9, AMENDMENT #2 SUBJECT TO THE
FOLLOWING CONDITIONS.
Conditions
1. All applicable Conditions of Approval for Residential
Project 84-9 Revised shall apply to Amendment #2.
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Page 7 - City Council Minutes - September 22, 1987
2. The applicant shall provide for two (2) additional parking
stalls with the location to be approved by the Community
Development Director.
3. Incorporate the concerns listed in the previously
submitted landscape plan and submit the revisions for
Community Development Director approval prior to the
issuance of any further building permits.
4. Prior to the issuance of any further building permits, the
applicant shall submit specifications for the tot lot and
the playground equipment and provide for a minimum play
area of 1000-1200 square feet.
53. Occupancy of 113 South Main Street = Gai Thompson
Request for a final Certificate of Occupancy.
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Gai Thompson, applicant, explain the reasons she felt
Occupancy should be granted on her building at 113 South Main
Street, as well as steps she has taken to obtain a Certificate
of Occupancy. She offered to show slides of the completed
building.
Council discussion centered on the requirements placed on Ms.
Thompson that had not been imposed on other Main Street
buildings. Staff clarified that new regulations have recently
been imposed by the State for buildings built prior to 1933.
In addition Council questioned the City'S processing of this
particular set of plans and what additional information is
required of Ms. Thompson.
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Richard Keller, Attorney for the Applicant, expressed concern
that they had not received information in writing as to what
additional information was needed. He requested that they be
granted additional tima for compliance and that they receive
the written evaluation of the information presented in a
timely manner.
....",.
Councilman Matson commented that he feels the Applicant is
attempting to work on compliance with the regulations and
suggested a 30 day extension of time.
MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO CONTINUE THIS MATTER FOR 30 DAYS.
54. Council Committee Report on Elsinore Valley Municipal Water
District Sewer/Water Rates.
Committee Report and Proposed Letter to the State Water
Resources Control Board.
MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO REMOVE THIS ITEM FROM THE AGENDA UNTIL A
WRITTEN REPORT CAN BE COMPLETED.
CITY MANAGER COMMENTS
City Manager Molendyk provided an update on the following Public
Works Projects: Lakeshore Drive Landscaping, Four Corners Traffic
Signal, Lakeshore Drive Overlay, Railroad Canyon Road Traffic
Signal, Lakepoint Park, Collier/Central Intersection, and Machado
Street Overlay.
City Manager Molendyk also advised that a meeting of the Public
Works Committee was needed and he would be coordinating it
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Page 8 - city Council Minutes - September 22, 1987
following the Council Meeting.
CITY COUNCIL COMMENTS
None.
'~ THE CITY COUNCIL MEETING WAS RECESSED AT 8:10 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 8:15 P.M.
CLOSED SESSION
Personnel Matters.
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THE CITY COUNCIL RECESSED TO CLOSED SESSION AT 8:15 P.M. TO
CONSIDER PERSONNEL MATTERS, AND POTENTIAL LITIGATION RELATING TO
ADAMS ADVERTISING, LAKE ELSINORE RECREATION AREA, E.V.M.W.D., ET
AL. VS THE CITY AND THE REDEVELOPMENT AGENCY.
THE CITY COUNCIL RECONVENED AT 8:59 P.M. NO ACTION WAS TAKEN.
ADJOURNMENT
MOVED BY DOMINGUEZ, SECONDED BY VERMILLION AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY
COUNCIL MEETING AT 9:00 P.M.
JIM WINKLER, MAYOR PRO TEM
CITY OF LAKE ELSINORE
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CITY OF LAK
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