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HomeMy WebLinkAbout03-12-1991 City council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 12, 1991 *******************~**************~******************~************ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Basham, Planning Manager Strandgaard and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation = Communitv Development Corp• = Lake Elsinore Historical Survev. John Matson, President, Community Development Corporation, commented briefly on the historical survey and presented Vick Knight to further detail the project. Vick Knight explained the contract with the City and commented on the various historical sites within the City. He also proposed the distribution of the documents and suggested adoption of an ordinance similar to the sample provided. He advised that there will be a half hour program on King Video Channel 3 to show the historical sites. Mayor Washburn thanked the Community Development Corporation for their efforts and requested that staff review the proposal for preservation of the history of this community. B. Presentation - Report on 1993 Riverside Countv Centennial Celebration Plans. Robert Fitch, 5811 Argyle Centennial will be May 9, planning underway and the including Vick Knight and proposed gala celebration events which will begin i Street, Riverside, advised that the 1993 and commented on the advanced committee working on the celebration Hugh Walker. He detailed the and welcomed suggestions for the z the fall of 1992. Mayor Washburn introduced Hugh Walker whom he appointed to the County Committee. Mr. Walker commented on the qualifications of Mr. Fitch to lead this effort. C. Proclamation - Peace Corps, 30th Anniversarv. Mayor Washburn advised that the representative of the Peace Corps was not able to be present, and read the proolamation which will be sent to them. PAGE TWO - CITY COUNCIL MINUTES - MARCH 12, 1991 PUBLIC COMMENTS Mr. Vance White, a resident of Eureka Street, Lake Elsinore, commented on a sewage treatment plan operating in San Diego County and presented the Council with information on the program. CONSENT CALENDAR MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APP~OVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - February 26, 1991. The following Minutes were received and ordered filed: b. Planning Commission Meeting - February 6, 1991. c. Planning Commission Meeting - February 20, 1991. 2. Received and ordered filed the Building Activity Report for February, 1991. 3. Received and ordered filed the Code Enforcement Activity Report for February, 1991. 4. Received and ordered filed the Structure Abatement Activity Report for February, 1991. 5. Ratified the Warrant List for February 28, 1991. 6. Approved Revised Western Riverside Council of Governments Joint Powers Agreement and authorized the Mayor to execute it on behalf of the City. PUBLIC HEARINGS 31. Tentative Tract Map 26065, Annexation No. 58 and Zone Chanae 90-14 - Tozai. Inc. Continued from February 26, 1991. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MARCH 26, 1991. 32. Tentative Tract M~ 25098 = Grunder/Nieto. A request to subdivide 80 acres into 233 lots and an approximate 6 acre dedicated open space area, for property located east of Interstate 15 and the closed Elsinore landfill, north of Franklin Street and the Canyon Creek Specific Plan Area. Planning Manager Strandgaard, highlighted this request and detailed prior concerns with the Landfill site. She also detailed the dedication of specified parcels and vapor barrier required to mitigate those concerns. She commented that two pieces of correspondence were received and have been addressed by Conditions 61, 23A and 43. The City Clerk reported no additional written comments or protests. Mayor Washburn opened the public hearing at 7:20 p.m. asking those in favor of this project to speak. The following people spoke: PAGE TAREE - CITY COUNCIL MINUTES - MARCH 12, 1991 Tom Tice, 17611 Yorba Linda Blvd., Yorba Linda, representing the applicant, concurred with Staff and Planning Commission recommendations. Ken Bucanan, 2098 Lower Lake Road, Santa Ana, representing Marianna Mohylyn, adjacent property owner; advised that they are in support of the project, but requested that adequate access to Ms. Mohylyn's property be available. He expressed concern that the access has not been provided as previously discussed. He suggested that the lots be reworked to alleviate the restricted access. Tom Bitney, Keith Engineering, also representing Ms. Mohylyn, further commented on the access concerns particularly with her proposed commercial development. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:25 p.m. Councilman Buck expressed concern with the acceptance of the proposed parcels for maintenance; and suggested that Lot D be addressed by the traffic engineer. Public Servioes Director Basham olarified that there are already three points of access for Ms. Mohylyn's property and other possible points available. Councilman Dominguez requested that staff comment on the maintenance of the dedicated parcels. City Manager Molendyk suggested that the maintenance of that area be done through a homeowners' association. Planning Manager Strandgaard clarified that the applicant requested that the City take control of this property and that the County recommended that it remain as it is for the time being with no landscaping or improvements. City Manager Molendyk questioned the actual future potential of that area becoming a park. Staff clarified the County requirement to develop or maintain the area. Extensive Council discussion ensued regarding the vapor barrier system and the future potential hazardous waste problems that could occur. Council consensus was to continue this item for two weeks and request that Mr. Nelson from County Waste Management.be present to clarify mitigation measures and hazardous potential. The Public Hearing was reopened at 7:55 p.m. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. BUSINESS/DISCUSSION ITEMS 51. Temporary Use Permit 91-2 = Tim Nowell-Usticke & Alan Manee. A request to operate a temporary outdoor recreation facility within Specific Plan Area G at the north-west corner of Main Street and Camino Del Norte. Senior Planner Delgadillo detailed this request and suggested revision of Condition #l0 to allow hours of operation from S a.m. to 10 p.m. Alan Manee, Manee Consulting, representing the applicant explained that this request is for 90 days only with a future potential of a permanent site in Lake Elsinore. He further PAGE FOUR - CITY COUNCIL MINUTES - MARCH 12, 1991 explained that this would be the first commercial facility in the U.S. He introduced the manager of this facility and the jump master to oversee the jumps and detailed their background and experience. He detailed the safety precautions being proposed and the insurance which is being worked out. Mr. Manee commended City staff for their cooperation and quick processing of this request. John Welch, Jump Master, commented on the training, registration process and standards Mayor Washburn inquired how many people would be in the cage at one time. Mr. Welch advised that there would be 2 or 3, one jumping, a jump master and possibly an assistant jump master. Mayor Washburn further inquired how much training is offered to jumpers. Mr. Welch detailed the information provided. Councilman Dominguez requested that Condition #14 be amended to read "Failure to enforce this condition will result in revocation of the Permit." Council inquired how much insurance would be required of this facility. City Attorney Harper clarified that this would be on private property. Administrative Services Director Boone advised that the Joint Powers Insurance Authority had recommended the maximum coverage possible. Councilman Winkler commented on the assumption of risk in skydiving and suggested a waiver be completed by each participant. City Attorney Harper supplied additional verbiage for Condition #3 to provide for this waiver. Mr. Nowell-Usticke commented on the waiver they will require, which is similar to that used by skydivers. Councilman Starkey questioned the potential of a permanent structure vs. the crane and the screening proposed by Condition #13. Mr. Nowell-Usticke advised that it would probably remain a crane facility and detailed the screening which is already present due to the canyons and hills and the angles from which the site would be visible. Mayor Washburn requested that in the event of a major event the City Planning Department and Sheriff's Department be notified to prevent traffic and other related problems. Mayor Washburn stressed the tempbrary nature of this approval. City Manager Molendyk questioned the opening date. Mr. Manee advised that they are projecting April 1, 1991. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO GRANT TEMPORARY USE PERMIT 91-2 AS RECOMMEND WITH REVISIONS TO CONDITIONS 3, 10 AND 14 AS DISCUSSED. Conditions of Approval: 1. No later than 15 days from the date of the final action on this case by the approval body or issuance of building permits, whichever occurs first, the ipplicant shall pay all fees required by the City £or the processing of this case. 2. Prior to the commencement of any grading, the applicant shall obtain permission from all affected property owners and shall submit a grading plan to the Building Department for review and approval. PAGE FIVE - CITY COUNCIL MINUTES - MARCH 12, 1991 Prior to the issuance of building permits and or the commencement of operations, whichever comes first, the applicant shall provide to the Director of Planning a binder of liability insurance naming the City as additional insured as required by the City Risk Manager. Further, applicant shall provide an individual waiver of liability in a form satisfactory to the City Attorney. 4. Prior to the issuance of building permits and or the commencement of operations, whichever comes first, the applicant shall secure temporary electrical permits from the Building Department for the inspection of all electrical equipment and arrange for a full onsite inspection. 5. Prior to the issuance of building permits and or the commencement of operations, whichever comes first, the applicant shall provide proof to the Director of Planning that the following facilities will be provided onsite: * Two twenty (20) lb AB rated fire extinguisher. * A thirty (30) foot clear, bare to ground, fire break around the entire jumpinq/parking area. * One portable restroom for each sex * Two bottled water dispensers and twelve (12) 5 gallon bottles of drinking water. * A first Aid Station for emergency use. * Six (6) 35 gallon trash containers. 6. Prior to the placement of any temporary office trailer/structure, the applicant shall submit site, elevation and floor plans to the Director of Planning for review and approval. Prior to the commencement of operations, the applicant shall provide proof to the Director of Planning, that the applicant has met all County of Riverside Health Department requirements for food and beverage service. 8. This Temporary Activity Permit shall be valid for a period not to exceed 90 consecutive days beginning April 1, 1991, and expiring on June 30, 1991. 9. Prior to the commencement,of operations, the applicant shall provide proof to the Director of Planning, that all parking spaces have been cleared and chalked, and rechalked as needed but at least once a week. 10. The hours of operation for this activity shall be 8 a.m. to 10 p.m. Monday through Sunday. 11. Prior to the initiation of any night operation the applicant shall submit to the Director of Planning lighting information indicating the fixture type, method of illumination and power output, and the location of all proposed light standards. 12. Prior to the commencement of operations, the applicant shall post surety in the amount of one thousand dollars ($1,000) to ensure that the temporary trailer is removed from the site and the site is restored to the conditian that previously existed. PAGE SIX - CITY COUNCIL MINUTES - MARCH 12, 1991 13. Prior to the issuance of any building permit and or commencement of operations, whichever comes first, the applicant shall submit to the Director of Planning, documentation illustrating that the proposed activity will be adequately screened from the Corona Freeway or Camino Del Norte. Adequate screening is defined as not seeing any persons falling from the cage and crane from the freeway or any street. 14. The sale, possession and consumption of alcoholic beverages at this activity shall be prohibited for the duration of the 90 day period. The applicant shall take all reasonable precautions to enforce this condition. Failure to enforce this condition will result in revocation of the Permit. 15. Prior to the placement of any type of sign onsite advertising this activity, the applicant shall submit to the Director of Planning for review and approval plans indicating the size, materials and location of any proposed sign. 5?. Kanaaroo Rat Allocation/Protests. City Attorney Harper detailed the letter of protest received from Pardee Construction. He further detailed the action necessary to prevent impact on monies already deposited with the Joint Powers Authority. He suggested an agreement with an indemnification clause as proposed by Best, Best and Krieger, and recommended that the City Manager be authorized to execute the indemnification. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE Tt) APPROVE TI3E AGREEMENT AS PROPOSED BY THE CITY ATTORNEY AND A.rTHORIZE THE CITY MANAGER TO SIGN. BJSINESS ITEMS 53. Second Readina _ Ordinance No. 912. Approving Zone Change 90-12 - Albert A. Leon. M~:~VED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 912: ORDINANCE N0. 912 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING TWO (2) 9,000 SQUARE FOOT PARCELS FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (IiIGH DENSITY RESIDENTIAL) LOCATED BETWEEN RILEY AND LANGSTAFF STREETS APPROXIMATELY 250 FEET NORTH OF SUMNER AVENUE (ZONE CHANGE 90-12: ALBERT A. LEON). U:ON THE FOLLOWING ROLL CALL VOTE: A"_ES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN N~ ES: ~'OUNCILMEMBERS: NONE AiSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CTTY MANAGER COMMENTS City Manager Molendyk requested a joint closed session with the PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 12, 1991 Redevelopment Agency to discuss personnel matters and acquisition of property. City Attorney Harper clarified that land acquisition discussion would be limited to discussion of the Lehr Option and contacts with Carmella Loelkes. City Attorney xarper also requested discussion of litigation entitled LEA vs the City and Redevelopment Agency. CITY COUNCIL COMMENTS Councilman Buck thanked staff for their efforts during the storm last week in assisting both City and County residents. He also thanked Mother Nature for her provision of water for the Lake. Councilman Winkler also thanked staff for assisting the residents during the storm. He requested an update on the West End Assessment District and the storm related problems it will mitigate. Public Services Director Basham advised that it would be presented to the Public Works Committee in the next week and then to the full Council. Councilman Dominguez offered Councilman Winkler the opportunity to attend the Public Works Committee meeting in his absence on the 21st. Councilman Winkler also requested an update on the Tuscany Hills Park which is nearing completion. City Manager Molendyk commented on water for park site construction. Mayor Pro Tem Starkey advised that he had spoken with Community Services Director Watenpaugh to assure that the troops in the Persian Gulf are recognized in connection with the July 4th celebration. Councilman Dominguez thanked staff £or acknowledging his birthday. Mayor Washburn advised that 57 letters have gone out to the troops to date. He also advised that there will be a surprise recognition for the troops later. He also thanked mother nature for here help with water for the Lake. He commented on the new water district ordinance and advised that he has requested formation of a task force. City Manager Molendyk advised that the Water District is working on the make-up of the task force with a City representative. THE CITY COUNCIL MEETING WAS RECESSED AT 8:35 P.M. THE CITY COUNCIL RECONVENED AT 8:38 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO JOINT CLOSED SESSION TO DISCUSS THE MATTERS DETAILED BY CITY MANAGER MOLENDYK AT 8:38 P.M. THE CITY COUNCIL RECONVENED AT 9:49 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COU~CIL MEETING AT 9:50 P.M. ~~UGi`-- ~~H RN, MAYOR ' LAKE ELSINORE CLERK CITY OF LAKE ELSINORE