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HomeMy WebLinkAbout06-26-1990 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 26, 1990 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Starkey. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN ABSENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER Also present were: city Manager Molendyk, Assistant City Manager Rogers, city Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS None. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5 and 10. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. June 12, 1990 - Regular City Council Meeting. The following Minutes were received and ordered filed: b. June 6, 1990 - Lake Elsinore Planning Commission. 2. Received and ordered filed the Animal Control Activity Report for May, 1990. 3. Ratified Warrant List for May 30, 1990. 4. Rejected and referred to Claims Administrator the Claim submitted by Jeffrey Edenfield. 6. Authorized City Engineer to Apply for and Accept BLM Grants on behalf of the City and Adopted Resolution No. 90-59. PAGE TWO - CITY COUNCIL MINUTES - JUNE 26, 1990 RESOLUTION NO. 90-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO GRANT AUTHORIZATION TO THE CITY ENGINEER TO APPLY FOR AND ACCEPT GRANTS THROUGH THE BUREAU OF LAND MANAGEMENT ON BEHALF OF THE CITY OF LAKE ELSINORE. 7. Authorized Various City Staff Members to file Small Claims Actions on behalf of the city. Adopted Resolution No. 90-60. RESOLUTION NO. 90-60 ... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING AUTHORIZED REPRESENTATIVES TO PROSECUTE SMALL CLAIMS COURT COLLECTION ACTIONS IN THE NAME OF THE CITY OF LAKE ELSINORE. 8. Approved D.B.A. Request to Close Main Street - August 11, 1990, from 5:00 p.m. to 9:00 p.m. from Graham to Peck for the "Hot August Night-sizzling Summer Sidewalk Sale" with the condition that the D.B.A. pay any costs incurred by the city related to set up and clean up. 9. Approved Final Parcel Map 24751 - South side of Collier Avenue and east of Central Avenue. ITEMS PULLED FROM CONSENT CALENDAR 5. County-wide Park Assessment District. Resolution No. 90-58. Councilman Starkey advised that his constituents have questioned the need to be a part of this district when the City already provides and maintains adequate park facilities. City Manager Molendyk clarified that this District would provide for regional parks, open space maintenance, wetland facilities, etc, and detailed the types of assistance which could be gleaned from this proposal. He also explained that this matter will be on the November, 1990 ballot for ratification by the voters. - MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 90-58: RESOLUTION NO. 90-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING INCLUSION IN THE CREATION OF THE RIVERSIDE COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT. 10. Set Public Hearinq Date of Julv ~ 1990 for the followinq: a. Surface Mininq and Reclamation Ordinance = city of Lake Elsinore. A request to approve a Surface Mining and Reclamation Ordinance in order to implement the Surface Mining and Reclamation Act of 1975. Adoption of this Ordinance is required before the City can approve reclamation plans J for surface mining operations. Mayor Washburn clarified that this item should be advertised for July lOth instead of July 19th. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO SET PUBLIC HEARING DATE OF JULY 10, 1990 FOR THE ABOVE MENTIONED ITEM. PAGE THREE - CITY COUNCIL MINUTES - JUNE 26, 1990 PUBLIC HEARINGS 31. General Plan Amendment 90-1 ~ Zone Chanqe 90-2 = Pentaqon Development ~ Hunsaker ~ Associates. ..... A request to amend the General Plan Land Use Designation from Neighborhood Commercial to High Density Residential and to change the zoning from Commercial Park (C-P) District and Neighborhood Commercial (C-l) District to High Density Residential (R-3) District. continued from May 22, 1990. Resolution No. 90-61. city Manager Molendyk advised that the applicant has requested a continuance, in that he is currently detained on Ortega Highway due to a fire related road closure. Council questioned their ability to open the hearing and take public testimony this evening. City Attorney Harper advised that there are some problems with this suggestion. He expressed concern with hearing the item without input from the applicant; and with the absence of two Councilmembers and their ability to hear the testimony. He reminded Council that should this item be continued to a later date, the opening of the hearing tonight would preclude further independent discussions by Council with the residents. After further discussion, it was the consensus of the Council to open the public hearing. The city Clerk reported on written comment in opposition and five written comments in support, and noted that this was in addition to correspondence previously submitted and supplied in the agenda packet. Mayor Washburn opened the public hearing at 7:24 p.m. aSking those in favor of this item to speak. The following person spoke: Cappy Carpenter, 16755 Grand Avenue, advised that she is in favor of this project and reiterated the points of her June 21, 1990 letter to Council. Mayor Washburn asked those in opposition to speak. The following people spoke: Alan Manee, representing the affected residents, submitted a letter with signatures of 131 residents and addressed the points commented on by Mrs. Carpenter. He advised that in his opinion the quorum present should proceed with the denial of this request. He further advised that he feels this consideration has been delayed too many times already. Jack Empson, 32825 Macy Street, expressed concern with traffic circulation and access to this area. He also commented that signatures of County residents should not be considered as input to this project. The public hearing remained open and discussion returned to the council table. councilman Buck advised that in his opinion the commercial type development this neighborhood seems to want would severely multiply the traffic problems of the area. He also advised that he feels there is an opportunity to work this out between the developer and the residents; and that he would have liked to work with them, but this consideration as PAGE FOUR - CITY COUNCIL MINUTES - JUNE 26, 1990 precluded his involvement. He suggested that a property ownership situation might be more desirable with density similar or slightly higher than the existing neighborhood. He also reminded the residents that the developer has already agreed to provide the needed traffic signal, and build a quality project. Councilman starkey agreed with Councilman Buck's comments and expressed concern that there had been limited willingness on the part of the neighborhood to work with the developer. Mayor Washburn commented that it is unfortunate that the Council has now been removed from the discussions based on this consideration. He also reminded the residents that the City Council to date has not seen a plan for the proposed project and this consideration is strictly for zone change and general plan amendment. He expressed concern that this would not be a fair consideration, if Council made a decision without the applicant's input, particularly when he has been detained for reasons out of his control. He suggested that it appears discussions are heading in a similar direction, but he feels it is necessary to continue this item at this time. -- Mr. Manee suggested that the law does not guarantee a property owner the right to develop, only the right to apply to develop. He expressed concern that the Council might be showing undue favoritism to the developer in this case. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO JULY 24, 1990. 32. Briqhton Homes Development Agreement. continued from June 12, 1990. Ordinance No. 890. Community Development Director Gunderman detailed this agreement and the most recently negotiated changes. - The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:50 p.m. asking those in favor of this agreement to speak. The following person spoke: Ken Meddock, Brighton Homes, Director of Development, further detailed the most recent changes to the agreement and commented on the fees and timing associated with the golf course. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7:57 p.m. Councilman Buck questioned the fee relating to the golf course which was shown on a scale of $1,000 - $2,000 - $3,000 and he remembered discussion $2,000 - $3,000 - $4,000. Mr. Meddock explained the logic based on acceleration of the golf course development. Mayor Washburn commented on the new verbiage for the paragraph relating to the Kangaroo Rat. - MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE DEVELOPMENT AGREEMENT WITH THE AMENDED VERBIAGE ON THE K-RAT AND ADOPT ORDINANCE NO. 890: ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, PAGE FIVE - CITY COUNCIL MINUTES - JUNE 26, 1990 APPROVING A DEVELOPMENT AGREEMENT WITH ALBERHILL RANCH ASSOCIATES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ..... ABSENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER ABSTAIN: COUNCILMEMBERS: NONE City Manager Mo1endyk advised that before the K-Rat Plan discussion, King Video has prepared a tape of the current status of the Railroad Canyon Road project which is currently experiencing a slight delay caused by the K-Rats in the area. KING VIDEOCABLE SHOWED THE TAPE OF THE CURRENT STATUS OF RAILROAD CANYON ROAD. 33. Stephens' Kanqaroo Rat Short Term Habitat Conservation Plan. EIS/EIR for section 10(a) Permit; Implementation Agreement; Agreement regarding Allocation of the Take and Memorandum of Understanding. Resolution No. 90-62. Hardy Strozier, Planning Consultant, detailed the documentation and required Council action. Mayor Washburn questioned the County hearing date. Community Development Director Gunderman advised that the County hearing on June 29th is regarding a revision to the overall plan. Said revision has been included in the plan being considered tonight. The city Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:13 p.m. asking those in favor of the plan to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 8:14 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT THE SHORT TERM HABITAT CONSERVATION PLAN FOR THE STEPHENS KANGAROO RAT AND ADDENDUM AND MODIFICATION DATED MAY 22, 1990; ADOPT THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SECTION 10(a) PERMIT TO ALLOW THE INCIDENTAL TAKE OF THE ENDANGERED STEPHENS' KANGAROO RAT IN RIVERSIDE COUNTY; ADOPT THE IMPLEMENTATION AGREEMENT; ADOPT THE AGREEMENT REGARDING ALLOCATION TAKE; ADOPT THE MEMORANDUM OF UNDERSTANDING AND ADOPT RESOLUTION NO. 90-62: RESOLUTION NO. 90-62 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR A PERMIT TO ALLOW INCIDENTAL TAKE OF STEPHENS' KANGAROO RATS IN THE CITY OF LAKE ELSINORE, ADOPTING THE FINAL ENVIRONMENTAL IMPACT STATEMENT AND ENVIRONMENTAL IMPACT REPORT FOR THE PERMIT APPLICATION PROJECT AND APPROVING THE FINDINGS, FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS. 34. 1990-91 Budget Hearing. Resolution No. 90-63. PAGE SIX - CITY COUNCIL MINUTES - JUNE 26, 1990 City Manager Mo1endyk detailed the proposed 1990-91 Budget which consists of General Fund expenditures in the amount of $8,364,000 and available revenues and carry-over funds in the amount of $9,171,300; and Capital Improvements and Restricted Funds in the amount of $4,154,000 and available revenues and carry-over funds of $5,636,900. councilman Buck, member of Council Finance Committee commented that he feels the Community will see and appreciate many of the projects included in this year's budget, and that this budget will move the Community forward. Councilman starkey questioned the law enforcement service levels. Captain Reynolds advised that it is currently 1.0 to 1.2 per 1,000 residents. The city Clerk reported no written comments or protests. ... Mayor Washburn opened the public hearing at 8:29 p.m. asking those persons wishing to speak on the budget to speak. No one spoke. Mayor Washburn closed the public hearing at 8:29 p.m. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE 1990-91 FISCAL YEAR BUDGET AND ADOPT RESOLUTION NO. 90-63: RESOLUTION NO. 90-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1990/91 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN. 35. Recoverv of Expenditures for the demolition of 18520 Collier Street. ... Community Development Director Gunderman detailed this action and the background of the demolition. He also explained the options for recovery of costs. The city Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:30 p.m. asking those persons interested in this item to speak. Hearing no one the public hearing was closed at 8:30 p.m. After discussion, Council concurred to place a special assessment and lien against the property for recovery of costs. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER THE PERTINENT COSTS AND INTEREST ACCRUED THEREON. BUSINESS/DISCUSSION ITEMS 51. Rancon, Freeway Landscapinq. .... continued from June 12, 1990. Community Development Director Gunderman reminded Council of its previous considerations and actions with regard to this project. He requested Council direction to proceed with the overall landscaping plan and Council's consideration of the PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 26, 1990 plan outline by the applicant. .... Mayor Washburn advised that he has no problem with staff's recommendations. Council concurred. Mayor Washburn inquired whether the final wording would return to Council for review. City Attorney Harper advised that once the wording is formulated for this condition it could return on the Consent Calendar for approval. Fred Crowe, Butterfield Engineering, representing the applicant requested clarification of Council's proposal. Mayor Washburn explained that staff would work to re-write the condition and return for review. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DIRECT STAFF TO PROCEED WITH THE RE-WRITE OF THE ABOVE MENTIONED CONDITION. COMMUNITY DEVELOPMENT DIRECTOR GUNDERMAN ADVISED THAT THE SPECIFIC PLAN REQUEST OF BRIAN WEISS, ORIGINALLY ADVERTISED FOR THIS DATE HAD BEEN WITHDRAWN BY THE APPLICANT. 52. Time extension for Tentative Parcel Map 23381 (K-Mart). Proposed Extension for 90 days. Community Development Director Gunderman detailed this request and some of the problems that have been encountered in working with the applicant thus far. These included poor landscape maintenance, outward appearance of the store, outdoor storage of excess merchandise, etc. For this reason he recommended granting of a 30 day extension with review at that time for further extensions. Leonard O'Byrne, Camelot Properties, representing the applicant advised that they would be agreeable to the 30 day extension subject to review. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE A 30 DAY EXTENSION OF TIME. BUSINESS ITEMS 53. Second Readinq = Ordinance No. 895. Relating to the Zone Change for South Lake Estates Joint Venture. MOVED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 895: ORDINANCE NO. 895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 29.5 ACRES LOCATED ON THE EAST SIDE OF STONEMAN AND THE SOUTH SIDE OF THE CURRENT CITY LIMITS FROM RURAL RESIDENTIAL (R-R) TO SINGLE-FAMILY RESIDENTIAL (R-l) (SOUTH LAKE ESTATES JOINT VENTURE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 26, 1990 ABSTAIN: COUNCILMEMBERS: NONE 54. Second Readinq = Ordinance No. 896. Relating to the Lake Elsinore Outlet Center Specific Plan - McArthur/Glen Group. MOVED BY BUCK, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 896: ORDINANCE NO. 896 ... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. Mayor Washburn asked City Attorney Harper, since he needed to abstain from vote on this item, whether it could be approved. city Attorney Harper advised he could not vote and the item would need to be continued to the next meeting. THE FOREGOING MOTION WAS WITHDRAWN AND IT WAS MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO JULY 10, 1990. CITY MANAGER COMMENTS city Manager Molendyk requested a closed session with the redevelopment agency regarding potential litigation. City Manager Molendyk also requested an adjournment of this meeting to Monday, July 2, 1990 at 9:00 a.m. to consider 1) Friedman Homes Assessment District - Resolution of Intention 2) Award of Contract for the Downtown Test Block Project. and CITY COUNCIL COMMENTS - Councilman starkey commented on the projects in the budget and the improvements they will bring to the Community. He also requested that Water and glasses be provided at the Council table during meetings. Mayor Washburn commented on the Western Riverside Council of Governments meeting which he attended on behalf of Councilman Winkler and advised that he will be distributing information from that meeting to Council. He also reminded the Community of the July 4th events being sponsored by the City and the fireworks being sponsored by the Chamber of Commerce. THE CITY COUNCIL MEETING WAS RECESSED AT 8:44 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:47 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:47 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL RECONVENED AT 9:46 P.M. NO ACTION TAKEN. .....I ADJOURNMENT MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:47 P.M. TO MONDAY, JULY 2, 1990 AT 9:00 A.M. IN THE CHAMBER OF PAGE NINE - CITY COUNCIL MINUTES - JUNE 26, 1990 COMMERCE CONFERENCE ROOM. - +~ST: 'II \ ~~S~ CLERK CITY OF ~KE ELSINORE .~ :117/1 I, \71 GARY~A~~~UR'J)~~ CITY OF~KE ELSINORE ..: .- ...,.