Loading...
HomeMy WebLinkAbout07-09-1991 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINOR~, CALIFORNIA TUESDAY, JULY 9, 1991 ~*********~*****~~~*~************~~**********~*****~~************* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor WasY:burn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. Mayor Washburn called for a moment of silence in remembrance of School Board Member Dan Strong and Sheriff Deputy Irma Coram. 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 and City Clerk Kasad. PUBI,IC COMMENTS George Alongi, President, Downtown Business Association, requested that item #l0 on this agenda, relating to parking restrictions in the downtown area, be removed from the Consent Calendar. He presented a petition signed by owners and renters in the downtown area requesting that the two hour parking limitation remain in place. He advised that of the 62 buildings in the area, 51 supported the existing two hour limitation, 4 preferred that it be removed, 2 were not available to respond and 5 buildings were empty. He detailed the current parking situation and emphasized the need for the current limitations to remain in place. (F:112.1) Tere Cherveny, 1409 W. 5umner, City Treasurer, expressed her disappointment with the cancellation of a meeting scheduled with Councilman Winkler. She commented on statements.made at the last Council Meeting and reminded Council of the voters who supported her for election to the position of City Treasurer. She further commented on her knowledge of municipal finance and her ability to hold her position. Emerson Brigham, 33500 McGrew, commented on the budget adopted at the last Council meeting and expressed concern with the limited availability of the budget document. He also commented on the limitations placed on the development/sale of his property over the past five years. Rich Schurfeld, 112 S. Main Street, representing Bungee Fever, Inc., invited the City Council, City Staff and publio to the grand opening of their bungee jumping facility this coming weekend, as we11 as the media opening event. He offered the Council and staff free jumps as part of the opening. He thanked local businesses which have assisted in the efforts to open the facility and the City Council for its approval. (F:67.3) PAGE TWO - CLTY COUNCIL MINUTES -- ~ULY 9, 1991 PRE;;>ENTATIONS/CEREMONIALS A. Presentation - Jeff Brown - For Service on the Plannina Commission. {F:60.2) Mayor Washburn commented on Commissioner Brown's dedication, time invested, willingness to learn and make decisions and thanked him for his service and commitment during his terms on the Planning Commission. Commissioner Brown thanked the Council for their support and ' willingness to work together even when they didn't always agree on issues. He also explained his difficulty in making his decision to resign, but expressed his hopes for further professional development. Mayor Washburn reminded the Community of this vacancy on the Planning Commission and advised that the d~adline for appli.cations is Wednesday, July 10, 1991 at 5:00 p.m. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further review and consideration: Item No. #10 MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The followii~g Minutes were approved: a. City Council Meeting - June 25, 1991. (F:44.4) The following Minutes were received and filed: b. Planning Commission Meeting - June 19, 1991. (F:60.3) 2. Received and ordered filed the Building Activity Report for June, 1991. (F:32.2) 3. Received and ordered filed the Code Enforcement Activity Report £or Sune, 1991. (F:54.1 ) 4. Received and ordered filed the Structure Abatement Activity Report for June, 1991. (F:32.4) 5. Ratified Warrant List for June 28, 1991. (F:12.3) 6. Rejected and referred to the Cl aims Administrator the Claim submitted by George D. Andrews (CL #91-12). (F:52.2) 7. Adopted Resolution Nos. 91-52 thru 91-55 Confirming F/Y 1991-92 Special Assessments AD 87-2, AD 89-1, AD 86-1 and AD 90-1A. (F:22.3) RESOLUTION N0. 91-52 A RESOLU7'ION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF C~RTAIN PROPERTIES. ' (ASSESSMENT DISTRICT NO. 87-2 - SHOPPERS SQUARE) RESOLUTION N0. 91-53 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. PAGE THREE - CITY COUNCIL MINUTES - JULY 9, 1991 (ASSESSMENT DISTRICT N0. 89-1 - SUMMERHILL BRIDGE IMPROVEMENTS) RESOLUTION N0. 91-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 86-1 - NORTHWEST SEWER DISTRICT) RESOLUTION NO. 91-55 A RESOLUTION OF THE CITY COUNCTL OF THE CITY OF LAKE ELSINORE REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 90-1A - SUMMERHILL PUBLIC IMPROVEMENTS) 8. Adopted Resolution No. 91-56 - Recognizing the newly incorporated City of Murrieta. (F:44.10) RESOLUTION NO. 91-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RECOGNIZING THE NEWLY INCORPORATED CITY OF MURRIETA. 9. Adopted Resolution No. 91-57 - Supportizlg the Establishment of a Law School at University of California at Riverside. (F:142.1) RESOLUTION NO. 91-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE SUPPORTING THE ESTABLISHMENT OF A LAW SCHOOL FOR THE - UNIVERSITY OF CALIFORNIA AT RIVERSIDE. 11. Approved the proposed Measure "A'~ Local Street Program for the period 1991-1996. (F:84.6) 12. Adopted Resolution No. 91-59 relating to Approval of Whitefeather Farms Composting Facility per Assembly Bill 2296. (F:163.2) RESOLUTION N0. 91-59 A RESOLUTION OF THE CITY OF LAKE ELSINORE APPROVING THE SITE IDENTIFICATION AND DESCRIPTION OF THE WHITEFEATHER FARMS COMPOSTING FACILITY. 13. Awarded Contract for West End Community ~acilities District 88-3 - Sewage Lift Station No. A-2 to P. R. Burke Industrial Corporation in the amount of $557,312.00. (F:22.3) 14. Approved West End Community Facilities Distriot 88-3 - Consultant Services Agreement - Fastrax Developer Services. (F:68.1) (X:22.3) 15. Approved Renewal of Consultant Services Agreement for Engineering Services - BSI Consultants. (F:68.1) 16. Concurred with Redevelopment Agency Action to Award Contract for Collier Avenue Improvements to M.B.C. Constructors with ' the contingency that the City will have the Corps of Engineers' 404 Permit in thirty days. (F:156.2) ITEM PULLED FROM CONSENT CALENDAR 10. Resolution No. 91-58 = Rescindina Parkina Restrictions on Main 5treet. (F:112.1) '- City Manager Molendyk requested that this item be continued PAGE FOUR -:~ITY COUNCIL MINUTES - JULY 9, 1991 for f~a~'.:xer review. MOVED BY BUCK, SECONDED BY STARKEY TO CONTINUE THIS ITi!':. Councilman Dominauez commented on the original adop_.ion of Resolut?_-n No. 87-38 and the reasoning that there ~= re .parking lots pr , ased, but not for some time. I-_e requested that the Council lnvestigate and review this proF~osal thorou hly. THE FOREGOING MOTION TO CONTINUE THIS ITEM CARRIED BY U ANIMOUS VOTE. PUBLIC HEARI~IGS 31. Briahton Homes - General Plan Amendment 91-1: Speci`_ic Plan 89-2 Amendment No. ~ Zonina Regulations and Develc ment Aareement Amendment No. 1. (F:150.2)(X:t?3.2)(X:68.1; City Mana::;e:r Molendyk requested that thi: ~-tem be ccntinued to allow sta;°f time to address concerns relating to the golf course anu clubhouse. Councilman Buck emphasized the need for staff to work with the developer to resolve the concerns. MOVED BY STARICEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO JULY 23, 1991. 32. Newc,mk :,.yelopment Incorborated = Tract Y+ia~ 24856. (F:160.2) A re~;ue i yo Amend Recorded Tract Map 24856 which suadivides 18.5 ac ~:~ into 75 residential lots. The site is loi:ated west of Rcbb I-,:~ad, North of Mountain Street, South of Run:zing Deer and i~a~. :-f Rolando Street. City Mana_+.~r Molendyk detailed this request. The City Cierk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:24 p.m. asking those persc~n~ in favor of Tract Map 24856 to speak. The following }~eople spoke: John ;duwcomb, applicant, advised that he concurs witii the staff's recommendations and offered to answer questions. John Sellars, 16510 Mountain Street, advised that he supports the ~:roject and feels it is compatible with the adjacent neigl b<~rhood. Jack :4c <~.1ey, 29072 Palm View, supported the project and commeEit ~"i on the applicant's ongoing willingness to work with the res~dents in the area. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7:26 p.m. Councilman Winkler thanked Mr. Sellars and Mr. McCOlley for their support of the project and their willingness to provide positive input and work with the developer. Mayor Washburn £urther commended Mr. Sellars and Mr. McColley for their ongoing interest in the Community, MOVED BY DOMINGUEZ, SECONDED BY 5TARKEY AND CARRIED BY UNANIMOUS VOTE TO I~DOPT NEGATIVE DECLARATION 91-5 AND A'7..ZOVE AMENDED FINAL TRACT MAP 24856, BASED ON THE FOLLOWING FINDIi'i;~ AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPFOVAL. PAG~ FIV~ - CITY COUNCIL MINUTES - JULY 9, 1991 Find.inas There are changes in the circumstances which make conditions on the map no longer necessary, ~and the proposed modifications do not impose any additional burden on the present fee owner of the propc.>.rty and does not alter any right, title or interest in the real property reflected on the recorded mag. The map as modified conforms to the provisions of Section 66474 of the Subdivision map act (Findings ior tentative map approval/disapproval). 2. The proposed subdivision, together with the provisions for its design and improvement, .':.s consistent with the General Plan. The prop+3sed subdivision is compatible with the objectives, policies and general land uses and programs specified in the General Plan. (Government Code Sect~.on 66473.5). 3. The design of the subdivision provides to the extent feasible, for future passive or natural hea:-ing or cooling opportunities in the subdivision. (Government Code Section 66473.1) 4. The Planning Commission has determined that the discharge of waste from the proposed subdivision into the existing sewer system would not result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. Tf the Planning Commission finds that the proposecl ~aaste discharge would result in or add to a violaiion of said requirements, the Planning Commission raay disapprove the tentative map or maps of the subdivision. (Government Code Section 6647v.6) 5. No environmental impacts are anticipated to result from amendment of the final map. Planninq Department Conditions Al1 Conditions of Approval for Tract Map 24856 sha11 be implemented and executed in accordance with said conditions and shall apply to Amended Tract Map 24856 as revised by these added Conditions of Approval, with the exception of condition number 47, which is to be deleted per Engineering Department requirements. Prior to filing of an amended map with the County Recorder's Office, the applicant shall submit a map for review and approval by the Community Development Manager or his designee. All lots, including but not limited to Lot 12, within the amended map shall conform to the minimum dimensional standards of the R-1 Zoning District. 3. The City's Noise Ordinance must be met during all site preparation activity. 4. A six-foot (6') high decorative masonry wa11 shall be provided on the projects perimeter, including lots along Mountain Street, subject to Minor Design Review. 5. Units with windows facing Running Aeer Roaa shall incorporate dual-glazed windows, and shall meet City PAGE SIX - CITY COUNCIL MINUTES - JL?LY 9, 1991 Standards for noise control. a) The building shall incorporate design standards speoified in the Community Design Elrme-it of the General Plan, Design Ordinance of thc ~ity, and consideration to varied rooflines anc ::~tbacks shall be considered, as acceptable b} he Planning Commission Design Review. Enainee~_ina Department Conditions 6. Orange Blossom Way sha11 not be graded to rain to Rolando Street. 7. All improvement plans and tracts shall be ,:igitized. At Certificate of Occupancy applicant sh~;. submit tapes and/or discs which are compatible U.i_ h the City's ARC Info/GIS or developer to pay $~. D00 per sheet for City digitizing. S. Developer shall provide No Parking and SA~:_ et Sweeping Signs for streets within tract c~_~ L~ay a fee for installation by the City. 9. Developer shall install blue reflective ;:= ement markers in the street at all fire hydrant _ocations. 33. City-Wide Street Lightina and Landscapinq District - Fiscal Year 1991 !~2o Resolution No. 91-60. (F:22.2) City Manager Molendyk detailed the procedure for r.r~roval The City Clerk advised that one written request w?s received from Rabbi Finklestein. Mayor Washburn detailed th s request. Mayor Washburn opened the public hearing at 7:29 p.~s, asking those persons interested in this item to speak. Hec;ring no one, the public hearing was closed at 7:30 p.m. City Attorney Harper commented on the request from ;abbi Finklestein and advised that the engineer's report ,oes not address church or non-profit organization property ny differently from other properties. He also comment d that it would still be the City Council's prerogative to e>c lude the subject property from the d~.strict. Mayor Washburn advised that while he could empathsz~. with Rabbi Finklestein, he could not see setting such a;recedent. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANI~:OUS VOTE TO ADOPT RESOLUTION NO. 91-60: RE50LUTION NO. 91-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CONFIRPxING A DIAGRAM AND ASSESSMENT AND PROVIDING FC'R THE FORMATSON AND ANNUAL ASSESSMENT LEVY OF A CITY-WID~ LANDSCAPING AND STREET LIGHTING DISTRICT. BUSINESS/DISCUSSION ITEMS 51. Extension of Time - Canvon B~ Development - Tract :'2904 Reviseu ~. (F:160.2) A tent~tive map creating 81 lots on 82 acres locate• at the northex~~y terminus of Sceni~ Ridge Road (TusCany HJ..:LS Specific Plan AYea), one mile east of Inte~state ]:: north of Canyon Creek Specific Plan area. PAGE SEVEN - CITY COUNCIL MINUTES - JULY 9, 1991 Mayor Washburn detailed this request. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE A ONE YEAR EXTENSION OF TIME FOR TRACT MAP 22904 REVISED ~k6 ~ASED ON TAE FOLLOWING FINDING AND THE FOLLOWING ADDED CONDITIO?iS -~F APPROVAL. Finuinc~s 1. Negative Declaration 89-20 was previously prepared with the finding that no significant impacts are anticipated as a result of this project. 2. As conditioned, the map extension will not impact the public health, safety or welfare. Added Enaineerina Division Conditions 47. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Information/GIS or developer to pay $1,000 per sheet for City digitizing. 48. Developer shall provide No Parking and Street Sweeping signs for streets within tract or pay a fee for installation by the City. 49. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Addecl Plannina Division Conditions - 50. No findings of substantial conformance with the ~ approved tentative map shall include the addition o£ , ~ any Single family lots above the 81 Single family lots approved by City Council on July 25, 1989. 51. Landscape plans submitted for project slopes, streetscapes, fire department fuel modification zones, etc...shall be reviewed and approved by the City's Landscape Architect. Landscape plans shall include colored down drains for all slopes, and slope landscaping provided that minimizes stark cuts such as clustered plant groupings of ground cover, shrubs and trees. Landscape plans must be reviewed, approved and landscaping installed prior to a certificate of occupancy for any lots. 52. All graded project slopes shall incorporate down drains located to the sides of the slopes rather than in the center of the slope face wherever feasible. Down drains located on slopes behind single family lots shall be aligned, to the extent feasible, with property lines. Evidence of technical infeasibility must be submitted in writing by a registered professional engineer. 53. Prior to issuance of building permits the developer ~ shall participate in the formation of a Community Facilities District for the construction of adequate fire facilities to serve the site. S4. Any model complex shall provide for off-street parking, and one model shall incorporate Xeriscape landscaping with identifying signage. 55. Street trees shall be 24" box and be provicied in PA ,,:; EIGHT - CITY COUNCIL MINUTES - JULY 9,` 1991 accordance with the City's adoptecl :,andscape Guidelines. 52. Amendec 7oint Powers Agreement = creatina t~e Elsinore Vall~ Water " ansmission Authorit~ Continuec :rom June 2~ 1991. (F:68.: (X:164.3) City Ai ~rney Harper advised that since tY_.r last meeting this amendmE L- has been discussed with E.V.M.W.~ He advised that they st. .1 intend to continue with their ~°t.:suit of the lawsuit however, he believes that the adoption of this amendme, will assist in the City's defense in court. He explair . that it clarifies the original intent of the agreeme , M0•I~;D BY Bti ', SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTL TO APPROVE L PROPOSED AMENDMENT. Mayor h.:hburn commented on the Council's ongoing efforts to coopera :: with E.V.M.W.D. to best fulfill the.needs of the Communi . BUSINESS I7 :S 53. Employees 1991/92 Memorandum of Understandina. (F:]_:.5.2) City Manager Molendyk recommended continuance to tii~: Ju1- ^3i Agenda. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY JNANIi,OiJS VO'i'E TO CONTINUE THIS ITEM TO JULY 23, 1991. 54. Second Readina = Ordinance No. 917. (F:172.2) Relating to Zone Change 91-1 - Seers Home Center ~ MOVliD BY DOMINGUEZ~ SECONDED BY STARKFY TO ADOPT ORDINAIICE NC. a i'~ : ORDINANCE NO. 917 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 15 ACRES LOCATED APPROXIMATELY 50 FEET SOUTH OF EISENHGWER ON THE WEST SIDE OF RIVERSIDE DRIVE FROM COMM7RCIA, PARK (C-P) TO GENERAL COMMERCIAL (C-2) ZONE CHANGE 91-1 -- WILLIAM SEERS/SEERS HOME CENTER. UPCN THE FOLLOWING ROLL CALL VOTE: AYI~U: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOF':3: COUNCILMEMBERS: NONE AB:>~NT: COUNCILMEMBERS: NONE ABfia`AIN: COUNCILMEMBERS: NONE 55. Second Readina - Ordinance No. 918. (F:36.2) Relating to Mobile Source Air Pollution Reduction. MOVF,D BY BUCK, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 918: ORDINANCE NO. 918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO REGtJLATE MOBILE SOURCE AIR POLLUTION REDUCTION. PAGE NINE - CITY COUNCIL MINUTES - JULY 9, 1991 UPON THE rOLLOWING ROLL CALL VOTE: AYESt COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that there is a need for a Joint Closed Sess:ion with the Redevelopment Agency. City Attorney Harper adviaecl that the topics for olosed session would be litigation :.nvolving Ortega Trails Recreation and Park District, Jones Intercable, Lake Elsinore Associates, Adams Advertising; and matters of potential litigation. Councilman Winkler advised that he would be abstaining from discussion of litigation with Adams Advertisinc. CITY COUNCIL COMMENTS Councilman ':7inkler commented that he had proposed that the canceled mc->ting with City Treasurer Cherveny be rescheduled to Saturday, J:ly 13th. Mayor Pro T==:zn Starkey commented on the Inauguration of the City of Murrieta which he attended on June 29th and wished the a7ew City well in its eiforts. Mayor Washburn requested that staff review with the Public Works Committee the possibility of grading a berm on Chaney Street to prevent vehicles cutting across open fields to the industrial area. Mayor Washburn commented on the success of the July 4th program and thanked staff and all parties involved for their efforts. He also commented on the recognition of veterans o£ Desert Storm as well as Vietnam. City Attorney Harper advised that this meeting should be adjourned to July 11, 1991 at 3:00 p.m. to discuss in Closed Sessi.on the matter of Lake Elsinore Associates vs. the City of Lake Elsinore. `PHE CITY COUNCIL MEETING WAS RECESSED AT 7:36 P.M. THE CITY COUNCIL RECONVENED AT 7:38 P.M. CLOSED SESSION ']'IIE CITY COUNCIL ADJOURNED TO JOINT CLOSED SESSION TO DISCUSS THE i~17~TTERS OF LITIGATION INVOLVING ORTEGA TRAILS RECREATION AND PARK iJISTRICT, JONES INTERCABLE, LAKE ELSINORE ASSOCIATES, AND ADAMS tIDVERTISING AS WELL AS MATTERS OF POTENTIAL LITIGATION AT 7:38 i_'. M . 'I'HE CITY COUNCIL RECONVENED AT 9:16 P.M. NO ACTION TAKEN. NOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:17 P.M. TO 4~ULY 11, 1991 AT 3:00 P.M. IN THE PLANNING DEPARTMENT CONFERENCE 1:OOM, CITY HALL, 130 S. MAIN STREET, LAKE ELSINORE, CALIFORNIA, ~7'530. A1~ (//, ~~~ W~ ~ l/ "-_ (. ICKI I~ASA , TY CLERK GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE CITY LAKE ELSINORE