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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 ****************************************************************** -- 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. ......tI 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. . - - , CONSENT CALENDAR The following items were removed from the Consent Calendar tor further consideration and discussion: ..-I 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. .- I' LD C\I W CD <1: - - 439 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 440 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. - 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. .....tI 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. .....tI 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. - r'- LO C\I W CD <[ - - Page 4 - city Council Minutes - September 22, 1987 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 442 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. --" 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. ....., 15. Sign agreement and cooperate with the City in forming a Lighting and Landscaping District. 16. Provide street lighting as required by City Engineer. 443 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) I"- LD (\j W CD <C - - 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. / , 444 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. -- . -..r 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. ~ 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 ....",. 445 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. f'- LD C\I W m c::::( 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 - ATTEST: ?J - \\, VI~NNE CITY OF LAK ,"-" I ~