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HomeMy WebLinkAbout02-25-1986 City Council Minutes 410 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 25, 1986 ******************************************************************* CALL TO ORDER The Regular Meeting of the City Council of the City of Lake Elsinore was called to order by Mayor Valenzuela at 7:01 p.m. - PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilman Strigotte. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION VALENZUELA ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Gilbert, City Attorney Hopkins, Community Development Director Miller, Associate Civil Engineer Riley, Community Services Director Barrick and City Clerk Money. CEREMONIALS Mayor Valenzuela read a Proclamation declaring the week of Feb- ruary 26 through March 2, 1986 as "BUCKLE UP FOR LOVE WEEK" in the City of Lake Elsinore, and presented the Proclamation to Sergeant ~oltz of the Lake Elsinore Sheriff's Department. __ Mayor Pro Tem Strigotte made 1) A check for One-Thousand Committee to the Chamber Fireworks fund. the following presentattons: .~ Dollars ($1,000) from the Centennial of Commerce for the Fourth of July 2) Soccer Goals were presented to John Matson, Chairman of the Lakepoint Park Committee, for Lakepoint Park, from the Lake Elsinore Valley Soccer Club. Mr. Matson thanked the Club and urged other organizations to call City Hall and request a Gift Catalog to assist them in donating to this worthy cause. PUBLIC COMMENTS 1. Earl Pemberton, 16520 Bristlecone Street, Lake Elsinore, commented on the possible development of an Airport. He emphasized the importance of completing a thorough Environmental Impact Report prior to approval of an Airport. Also, he commented on an article in the Los Angeles Times newspaper stating the Supreme Court has upheld the right of property owners to sue over Airport noise. 2. Donald Douglas, 15187 Lincoln street, Lake Elsinore, inquired ab a piece of property which pe plans to purchase. He was advised __ to contact Mr. Miller, the "Community Development Director. 3. Carl Shafer, 32191 Wesley Avenue, Wildomar, stated he has cir- culated a petition and obtained seventy signatures of his neighbor who are concerned about the effect an Airport will have on surrounding residential areas. DEPARTMENTAL REPORTS Mr. Molendyk reported that the Sheriff's Department had requested 'I "'.1 - Page two city Council Minutes February 25, 1986 DEPARTMENTAL REPORTS - continued. they be allowed to make two special reports. Sergeant Jim Soltz presented a report on traffic control and traffic statistics. Deputy Trisha Snijders, gave an outline of the crime prevention progra which she is coordinating for the community. CONSENT CALENDAR Mr. Molendyk requested Item 11 be deleted from the agenda and contin- ued to the meeting of March 11, 1986. MOVED BY KNIGHT, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. ~ oX) t-- '-:> o o 1. The following City Council minutes were approved and Commission minutes were received and filed: a. January 24, 1986 - Adjourned City Council Meeting b. February 11, 1986 - Regular City Council Meeting c. February 4, 1986 - Planning Commission Meeting do. February 4, 1986 - Design Review Board e. January 13, 1986 - Public Safety Commission Meeting 2. Received and Filed Treasurer's Monthly Report for January 31, 1986 and report on Senate Bill No. 115. 3. Received and filed Animal Control Activity Report - January, 1986. 4. Adopted Resolution No. 86-9 - Declaring intent to vacate a por- tion of old Collier Avenue - Street Abandonment 86-1 and setting date of March 11, 1986 for public hearing. RESOLUTION NO. 86-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF OLD COLLIER AVENUE, STREET ABANDONMENT 86-1, FIXING A TIME AND PLACE OF HEARING TO ALL PERSONS INTERESTED IN OBJECTING TO THE PROPOSED VACATION, PRO- VIDING FOR PUBLISHING AND POSTING PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. 5. Adopted Resolution No. 86-10 - Calling for a public hearing to be set for March 25, 1986, to determine whether public necessity, health, safety or welfare requires the formation of Underground Utilities District No.2 (Riverside Drive). - RESOLUTION NO. 86-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING FOR A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 2 (RIVERSIDE DRIVE). 6. Approved Agreement for Deferral of Public Improvements at 16580 McPherson Avenue - T. Yerian, and authorized the Mayor to sign and the City Clerk to record said document. ~z~ Page three City Council Minutes February 25, 1986 CONSENT CALENDAR - Continued. 7. Authorized acceptance of ten percent Maintenance Bond in the amount of TwentY-Three-Thousand-Three-Hundred_Fifty Dollars ($23,350) fora one year period and authorized the City Clerk to release SUbdivision Bonds for Tract No. 18195, Art Nelson, Inc. subject~to the City Engineers final approval. 8. Authorized acceptance of ten percent Maintenance Bond in the ~ amount of Fourteen-Thousand-one-Hundred-Sixty_Four Dollars and Thirty Cents ($14,164.30) for a one year period and authorized the City Clerk to release Subdivision Bonds for Tract No. 18211 KUlberg, Ltd. Construction Company, subject to the City Engineer's final approval. 9. Authorized acceptance of ten percent Maintenance Bond in the amount of TwentY-Two-Thousand-seven-Hundred-Forty Dollars ($22,740) for a one year period and authorized the City Clerk to release Subdivision Bonds for Tract 19357, Art Nelson, Inc., subject to the City Engineer's final approval. 10. Accepted Final Tract Map Nos. 20313 and 20313-1, Art Nelson, Inc. and authorized the Mayor to sign the SUbdivision Agreement. 12. Approved recommendation for improvements to City Hall, not to exceed Ten-Thousand Dollars ($10,000), as follows: 1) Paint identification on front window 2) Update/install a City Directory 3) Miscellaneous minor safety repairs 4) Carpeting in Finance and Engineering Departments 5) Clean-out/reorganize storage room 6) Heating/air conditioner inspection/maintenance ... 7) Manager/Clerk office remodel 13. Approved the following recommendations in follow-up to meeting with Caltrans on January 13, 1986: 1) Traffic Signal - Four Corners Meet with Caltrans to discuss the parameters of the Coopera- tive Agreement, hopefully, identifying the city as lead agency with all costs eligible for reimbursement. 2) Central/Collier Intersection MOdification This project be considered as a priority project for Redev- elopment Agency funds to eliminate any further liability the City may have (if any). Further discussions with regard to the temporary solution versus the ultimate project should be studies so as to incorporate as much of the improvements as possible. ... 3) State Highway 74 - New Route Study and Construction This project is a prime candidate for the proposed five- year Capital Improvement Program, due to the ultimate long-range cost and should be considered as a developer responsibility with agency participation in off-site construction costs. ~ o o M W m ~ ~ ~ 423 Page four City Council Minutes February 25, 1986 CONSENT CALENDAR - continued. 13. Caltrans Meeting Follow-Up - continued. 4) Crosswalks on Riverside Drive Concur with Caltrans regarding the installation of crosswalks in uncontrolled intersections. The use of adult crossing guards should be explored by both this agency and the school districts due to present location of school bus stops that exist along Riverside Drive and those city streets being utilized. Speed Zones -State Highway 74 Pursue reduced speed survey to be conducted by Caltrans from 40 mph to 35 mph due to the development that has taken place and reference those accidents associated with this segment. Cost of survey done by a consulting engineering firm would be approximately Fifteen-Hundred ($1500) to Two-Thousand Dollars ($2000). If a commitment on a specific time frame cannot be achieved through Caltrans, the cost of the survey should be appropriated by the City. Lash Street and State Highway 74 5) 6) Designate as long-range priority project. Investigate interim solutions including warning signage and additional delineation and financial participation by Caltrans. 7) Future Meetings other agency staff members have been contacted to determine if there are currently any meetings where all agencies can express their concerns and work towards a more meaningful commitment in trying to work out solutions. Staff will update Council and City Managers office with regard to those projects that may be earmarked for further discussion. 8) Scope of Problem The city Engineer's office will continue to investigate and stay in contact with the appropriate staff members of Caltrans to further acquire answers and determine solutions to the problem areas. 14. Approved the date of March 11, 1986 for public hearing of: a. Proposed Annexation No. 41 - Approximately three (3) acres located on the northeast and southeast corners of Laguna Avenue and Macy Street, off Grand Avenue. 15. Approved the date of March 25, 1986 for public hearing of: a. Conditional Use Permit 85-6 - Request to reopen spaces 1 - 44 of the Rancho Laguna Recreational Vehicle Park on thirty-one (31) acres within the C-P and R Zoning Districts. Located on the northeast side of Grand Avenue 1200 feet east of the intersection of Grand Avenue and Riverside Drive. b. Conditional Exception Permit 86-3 - Proposal to vary from City Parking Code requirement to accommodate a 1500 square foot rest- aurant within existing shopping center, within the C-1 Zoning District, located on the southwest corner of Lakeshore Drive and Riverside Drive. 424 Page five City Council Minutes February 25, 1986 CONSENT CALENDAR - Continued. 15. Approved the date of March 25, 1986 for public hearing of: (continued) c. Zone Change 86-3 - Proposal to rezone approximately 2.32 acres from R-l to C-l to accommodate a 73-unit motel complex on four (A' acre site, located on the northeast side of Casino Drive and the southwest side of Interstate 15, east of the San Jacinto River approximately 1000 feet northwest of Railroad Canyon Road. .... PUBLIC HEARINGS 31. Confirmation of Weed Abatement Billing - Resolution No. 86-11. Ms. Barrick reported that at the meeting of February 26, 1985, Council adopted a Resolution declaring weeds, rubbish and refuse a nuisance and setting a public hearing date. A second hearing was held on February 11, 1986, confirming charges on non-specific parcels that have been abated. Total parcels billed equals One-Thousand-One- Hundred-Eighteen (1,118) and total value assessment equals Sixty-Thous Four-Hundred-Twenty-Three Dollars and Thirty-Eight Cents ($60,423.38). Staff recommends Council adopt Resolution No. 86-11 confirming charges for weed abatement billing. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 7:42 p.m. asking those in favor of weed abatement billing to speak. No one asked to speak. Mayor Valenzuela asked those in opposition to weed abatement billing to speak. Hearing no one, the public hearing was closed at 7:43 p.m MOVED BY STRIGOTTE, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO ADOPT RESOLUTION NO. 86-11 CONFIRMING WEED ABATEMENT BILLING. .... RESOLUTION NO. 86-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST THAT PROPERTY AND SHALL BE MADE A LIEN ON SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERN- MENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. 32. Conditional Exception Permit 86-1 - Robert A. Belzer - Proposal to vary from city parking code, Section 17.66.040 for the purpose of accommodating a 3,342 square foot restaurant within an existing commercial shopping center. Mr. Miller reported that the proposed restaurant is a pizza parlor located in the new Pacific Heritage Savings and Loan Building on Mission Trail. Our present Code requires six-hundred-seventy-one (671) parking spaces are currently required for existing and/or proposed uses in the shopping center. The new Code will require fewer parking places and will allow shared parking and consideration of peak usage times. The applicant has completed a survey of parking lot utilization showing peak time is the Noontime hour and the lot is presently at fifty percent (50%) utilization. Based on adoption of the new Code and the traffic survey, staff recommends Council adopt the following four findings and approve Conditional Exception Permit 86-1 as follows: .... 'l~~ Page six city council Minutes February 25, 1986 PUBLIC HEARINGS - Continued. 32. Conditional Exception Permit 86-1 - continued. Findinqs --' 2. That the proposed project will not have a significant impact upon the environment. That the granting of this Conditional Exception Permit will not jeopardize the safety or affect the general well being of individuals patronizing businesses within the ce~ter, who will continue to utilize the existing off-street parkl.ng space arrange- ments. ,-- L CTJ l"- l"- '-;) ~ o 3. That the granting of this Conditional Exception Permit is in conformance with the City's General Plan. 4. That the granting of this Conditional Exception Permit is necessary for the preservation and enjoyment of substantial property rights as allowed by City Codes and Ordinances within this particular location and within similarly zoned commercial districts. Conditions of Approval 1. Signage for the proposed restaurant shall be by City permit, which is to be consistent with the shopping center's master signage program, as approved by the Community Development Director. 2. Any additions, including outside patio areas, shall be subject to review and approval through the Design Review process. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 7:47 p.m. asking those in favor of Conditional Exception Permit 86-1 to speak. The following persons spoke: 1. Bob Belzer, 282 Anita Drive, Orange, -applicant, commented that, in his opinion, the addition of a restaurant would be a benefit to the community and would not create any adverse affects. 2. Sharon Whelan, franchise for Straw Hat Restaurant, 29660 Yellow Gold Drive, Canyon Lake, commented that she has lived in the area for ten years, has invested twenty-thousand dollars ($20,000) in the restaurant and stated she would like to make her living in this community. She urged Council to approve this project. - Mayor Valenzuela asked those in opposition to Conditional Exception Permit 86-1 to speak. Hearing no one, the public hearing was closed at 7:50 p.m. MOVED BY STRIGOTTE, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO ADOPT FINDINGS AND APPROVE CONDITIONAL EXCEPTION PERMIT 86-1 SUBJECT TO THE FOLLOWING CONDITIONS: 1. Signage for the proposed restaurant shall be by City permit, which is to be consistent with the shopping center's master signage program, as approved by the Community Development Director. 2. Any addit;on$, including outside patio areas, shall be subject 4ZU Page seven City Council Minutes February 25, 1986 PUBLIC HEARINGS - Continued. 33. Conditional Exception Permit 86-2 - Warm Springs Associates - Request to allow two cul-de-sacs in excess of six-hundred (600) feet long per Municipal Code Section 16.165.020. Mr. Miller reported that the two cul-de-sacs are intended as interin measures with the two streets ultimately connecting to a future planned street to the south. Staff recommends Council adopt the findings and approve Conditional Exception Permit 86-2, subject to the following condition: ....., Findinqs 1. The proposed project will not have a significant impact upon the environment. 2. Approval has been granted to a nearby property under the same zoning designation. 3. It is intended that ultimately the cul-de-sacs will be eliminated and a complete circulation system improved. However, this is not practical at this time, due to uncertainties associated with im- provement of Temesca1 Wash, which provides the outlet for Lake Elsinore. Condition of A~~rova1 1. Easements for full size cul-de-sacs shall be dedicated to the City for southwesterly ends of Third Street and "B" Street, subject to the approval of the City Engineer and County Fire Department. The City Clerk reported no written comments or protests. ...., Mayor Valenzuela opened the pUblic hearing at 7:56 p.m. asking those in favor of Conditional Exception Permit 86-2 to speak. The following persons spoke: 1. Fred Crowe., Butterfield Surveys, 620 West Graham, preparer of the Tentative Parcel Map, stated he feels the length of the cul-de-sacs is reasonable. The County Ordinance allows 1320 feet, developer is asking for 1000 feet. City Ordinance is 600 feet. He urged Council grant this exception. Mayor Valenzuela asked those in opposition to Conditional Exception Permit 86-2 to speak. Hearing no one, the public hearing was closed at 7:58 p.m. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADOPT FINDINGS AND APPROVE CONDITIONAL EXCEPTION PERMIT 86-2 SUBJECT TO ONE CONDITION OF APPROVAL AS FOLLOWS: 1. Easements for full size cul-de-sacs shall be dedicated to the City for southwesterly ends of Third Street and "B" Street, subject to the approval of the City Engineer and County Fire Department. BUSINESS ITEMS .... 51. Mid-Year Budget Review Ms. Barrick reported that the mid-year budget was presented ~o the Finance Committee on February 11, 1986 and the Committee recommends approval of the mid-year budget revisions as presented. MOVED BY STRIGOTTE, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO APPROVE THt MID-YEAR BUDGET rtEVrSIONS AS ~RESENTED. 4~' pag-e eight City council Minutes February 25, 1986 BUSINESS ITEMS - continued. 52. Tenant Insurance requirements. Mr. Gilbert reported this report is in follow-up to Council ~ction of January 28, 1986. He has analyzed all lease agre7ment~ w~th users of city-owned property. He has also been work~n~ ~~th the city's risk manager,who hOP7s ~o ha~e a report and add~t~onal recommendations ava~lable w~th~n th~rty (30) days. Lengthy council discussion followed regarding the insurance problem and necessary requirements, including ~he,appropriateness of the One-Million Dollar ($l,OOO,OOO)/Three-M~ll~on Dollar ($3 000 000) level of coverage. The question will be addressed by the ~isk manager when he makes his report and recommendations and these will be reviewed by the City Attorney prior to city council action. ,..... a'J r. t-- '-::> o o MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED TO APPROVE STAFF RECOMMENDATIONS AS FOLLOWS: 1. For the Chamber of Commerce, Lions Club and El Unico: a. Review limit recommendations to be offered by consultant, b. Stay the One-Million/Three-Million Dollar ($1,000,000/ $3,000,000) limit requirement until a determination is made, - c. Require at least minimal coverage of Five-Hundred- Thousand Dollars ($500,000.00) in the interim. 2. For the offices of the Jean Hayman and Butterfield Schools: a. Receive and file revised certificate from the Elementary School District. 3. For the Library, Dump Site and Fire station: a. Direct staff to request from the "County a Certificate of Insurance for County programs housed in City facilities (no requirement for same in lease agreement), b. Should request be denied (#5), direct staff to pursue amendments to lease agreements. 53. Water Main Extension Refund Agreement - Willard Company. Mr. Molendyk requested this item be continued for two weeks with concurrence of the applicant. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE WILLARD COMPANY WATER MAIN EXTENSION REFUND AGREEMENT TO MARCH 11, 1986. CITY MANAGER COMMENTS - 1. Mr. Miller, Community Development Director, gave an outline of the departments under his direction. He also gave a brief status report on current departmental activities. 2. Mr. Molendyk reported that he had town Business Association to hold on Easter Sunday, March 30, 1986. ting waiver of Two-Hundred Dollar received a request from the Down- an Easter Egg Hunt at City Park Also, the Association is reques- ($200.00) deposit. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE REQU!ST FROM DOWNTOWN BUSIN~SS ASSOCIATION TO HOLD EASTER EGG HUNT AT CITY PARK ON SUNDAY, MARCH 30, 1986, AND WAIVER OF TWO..HUNDRED DOLLAR ($200.00) DEPOSIT FEE. ~ o o M W m ~ ~ ~ 427 Page nine city council Minutes February 25, 1986 CITY COUNCIL COMMENTS 1. Councilman Matson: Stated he had some concerns regarding the Airport. He has worked with staff and some of the members of the Airport Committee, trying to get the new owners of the Airport to realign the runways or to present a plan of how they intend to develop the Airport. Apparently, they are unwilling to do this and he suggested that Council take charge of the matter and make a determination as to what direction the Airport is going to take, keeping in mind the overall safety of the community. He mentioned the possibility of requiring an Airport Conditional Use permi Also, much of the surrounding property at that end of the lake is zoned R - Recreational, and Council needs to define what is really desired fo that area. Mr. Matson also suggested consideration of a possible Airpo Ordinance in the near future. Due to a lack of cooperation on the part of the new owners of the Airpo Mr. Matson suggested the City Attorney investigate the possibility of a temporary restraining order to assure that operations at the Airport do not increase. He requested Council comments. Lengthy discussion followed regarding the Airport issue. The City Attorney commented that his office would like to review all the facts in this matter and make some specific recommendations at the next City Council meeting, or whenever Council so desired. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED TO DIRECT THE CITY ATTORNEY AND CITY MANAGER'S STAFF TO FOLLOW-UP AND REVIEW THE AIRPORT ISSUE AND REPORT BACK TO COUNCIL, IF FEASIBLE, AT THE NEXT CITY COUNCIL MEETING ON MARCH 11, 1986. AYES: NOES: ABSTENTIONS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES VERMILLION ADJOURNMENT MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 8:56 P.M. ATTEST: