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HomeMy WebLinkAbout09-25-1990 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 25, 1990 ****************************************************************** - 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 Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. Albert McArthur, 226 E. Peck Street, commented on the July 10, -- 1990 denial of franchise for cable t.v. to Jones Intercable. He also commented on the pending litigation against the City and recommended overturning their decision. 2. George Alongi, 649 Mill Street, commented on the success of the united Way Telethon and the cooperation between all groups in the Community. He further commented on Council Policy relating to appointment of Planning commissioners and called for the resignation of Commissioner Bill Saathoff due to his recent relocation to Temecula. 3. Terry Phelps, 240 E. Graham, thanked the Community and specific individuals for their contributions and effort on the united Way program and for their personal support to him and his efforts. PRESENTATIONS/CEREMONIALS A. Proclamation = Eric Ravmond. Mayor Washburn commented on Mr. Raymond's cross country flight in a solar powered aircraft and thanked him for his personal contributions to technology and the Community. He also read a proclamation and presented Mr. Raymond with a key to the City. ~ Mr. Raymond thanked the Council and highlighted his upcoming endeavors. B. Proclamation = Red Ribbon Week = Dr. Larrv Maw. Mayor Washburn read the proclamation and presented it to Sharon Lindsay, Assistant superintendent for Student Services (representing Dr. Maw). Ms. Lindsay commented on the efforts of the Red Ribbon Week Campaign, and introduced Debbie LoVeter who has been coordinating the festivities. Ms. LoVeter PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 detailed the activities that have been scheduled during Red Ribbon Week and the Opening Event. C. Presentations = Pepsi Playpark Contest winners. Mayor Washburn introduced Michele Norfolk & David Evans and commended them for their artistic abilities and detailed the contest in which they were involved. He presented them each with a certificate of Achievement. D. Presentations = Community Services Teen Volunteers. .... Mayor Washburn introduced Wendy Shaw, Renee Walker, Hayley Ulrich, Jolene Mages, Jenni Pineda, Shaunet Alberti and Liz Sabicer and commended them for their efforts and assistance to the City of Lake Elsinore and presented them with certificates of Appreciation. He further commended Jenni Pineda, Shaunet Alberti and Liz Sabicer for over 300 hours of Volunteer Service each and presented them with certificates of Merit. E. Surprise Presentation = Terry Phelps. Mayor Washburn commented on the many residents in our Community involved in notable projects inside and outside the valley. He further commented that some individuals are inspirations just by being part of the Community, he advised that one such individual is Terry Phelps. He detailed Mr. Phelps efforts for United Way including walking around the lake on crutches. He presented Terry with a key to the city. Mayor Pro Tem Starkey advised that he had walked around the lake with Terry and highlighted his perseverance and dedication to this Community. On behalf of a group of business people in the city he presented Terry with a V.C.R. city Manager Molendyk advised that King Video was prepared to show a video regarding the status of Railroad Canyon Road. King Video showed the tape and Mr. Kirchner explained the progress. .... Mayor Washburn provided an update on discussions with GTE regarding the most recent phone book. Mr. Don DObbins, representing GTE further explained the proposed plans for future collaboration prior to printing of directories. He advised the Community that Mayor Washburn had gotten their attention and the problem would be resolved with future printings. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 7 and 8. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City council Meeting - September 11, 1990. The following Minutes were received and ordered filed: .... b. Planning Commission Meeting - August 15, 1990. c. Planning Commission Meeting - September 5, 1990. 2. Received and ordered filed the Animal Control Activity Report for August, 1990. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 3. Received and ordered filed the Investment Report for August 31, 1990. 4. Ratified Warrant List for September 14, 1990. 5. Approved Amendment to City/County Agreement for C.D.B.G. Funds for Housing and Urban Recovery. - 6. Approved Assessment District No. 90-l/90-lA - Summerhill for Friedman Homes and Adopted Resolution Nos. 90-88 thru 90-91. RESOLUTION NO. 90-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS ON PETITION. RESOLUTION NO. 90-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT. RESOLUTION NO. 90-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. RESOLUTION NO. 90-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING. 9. Adopted Resolution No. 90-92 Establishing a Disadvantaged Business Enterprise (DBE) Program. RESOLUTION NO. 90-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND APPOINTING A DBE LIAISON OFFICER AND ESTABLISHING DBE GOALS. 10. Adopted Resolution No. 90-93 - Rescheduling Special Election for Community Facilities District No. 88-3. RESOLUTION NO. 90-93 ,.-.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-3, AND SCHEDULING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE COMBINED PROPOSITION OF LEVYING A SPECIAL TAX, ESTABLISHING AN APPROPRIATIONS LIMIT, AND INCURRING BONDED INDEBTEDNESS. ITEMS PULLED FROM CONSENT CALENDAR 7. united Way Seed Grant. Councilman Dominguez questioned the purpose of this program and the proposed site of the facility to be implemented. PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 Mayor Washburn explained that this is a Seed Grant $16,000 from united Way for establishment of the facility. He advised that this merely accepts the funds; and the proposed budget and site would come back to Council for review. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE REQUEST FOR THE CITY TO BE THE LEAD AGENCY AND ACCEPT THE SEED GRANT. 8. Law Enforcement Study/Contract. councilman Dominguez supported the five year contract with a one year termination clause, but requested clarification of previous direction to staff. city Manager Molendyk detailed the work of the Public Safety Committee and advised that staff is working on three year revenue and cost projections to bring to Council for review. He also suggested that this matter might be considered jointly with fire protection. Councilman Buck questioned the timing for return to Council. city Manager Molendyk advised that the Police issue would be only a short time, but the Fire Protection issue would take quite a bit longer. "- Administrative Services Director Wood detailed the work on revenue and cost review being undertaken and estimated six weeks for completion. council discussion ensued regarding the timing of a special election for the ballot measure. It was the consensus of the Council to wait for additional information before attempting to schedule an election. Mayor Washburn questioned the full time chief position. City Manager Molendyk advised that it was included as the management position in the staff report, subject to further discussion with the Sheriff's Department. - MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FIVE YEAR CONTRACT, WITH AMENDMENTS TO INCLUDE THE LAW ENFORCEMENT MANAGER'S POSITION, DEPUTY-DAY SHIFT, CRIME PREVENTION OFFICER-DEPUTY AND TWO COMMUNITY RESOURCE OFFICERS. PUBLIC HEARINGS 31. Resolution of Necessity to Order Acquisition by Eminent Domain (Ayres). Resolution No. 90-86. city Attorney Harper advised that this acquisition is in connection with the Summerhill sanitary sewer system construction, and negotiations to date have not been successful. He clarified that this action is only the resolution of necessity and does not involve dollar figures. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:00 p.m. asking those people interested in this item to speak. Hearing no one, the public hearing was closed at 8:01 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT RESOLUTION NO. 90-86. - RESOLUTION NO. 90-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESCRIBING A CERTAIN PROJECT; MAKING A STATEMENT OF THE PUBLIC USE FOR WHICH CERTAIN PROPERTIES TO BE TAKEN AND PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 REFERENCE TO STATUTORY AUTHORITY TO ACQUIRE SAID PROPERTY BY EMINENT DOMAIN; DESCRIBING THE GENERAL LOCATION AND EXTENT OF SAID PROPERTY TO BE TAKEN; DECLARING FINDINGS AND DETERMINATIONS ON THE PUBLIC INTEREST AND NECESSITY FOR SAID PROPERTY; AUTHORIZING AND DIRECTING EMINENT DOMAIN PROCEEDINGS TO BE COMMENCED IN SUPERIOR COURT TO ACQUIRE SAID PROPERTY INCLUDING APPLICATION FOR POSSESSION OF SAID PROPERTY PRIOR TO JUDGMENT; AND MAKING OTHER DETERMINATIONS. ..... BUSINESS/DISCUSSION ITEMS 51. Extension of Time = Parcel Map 23400 = Ann Carlson. A request to extend the map for a period of one year. The subdivision consists of three (3) parcels created from 1.7 acres located north of Turnball Avenue, east of Gunnerson Avenue. Community Development Director Gunderman detailed this request and the progress that has been made thus far. He recommended the one year extension. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE A ONE YEAR EXTENSION OF TIME. 52. Commercial proiect 90-12 = United Metric Development Corporation/BHI Dover Fund Y (Chief Auto Parts). An appeal of the Planning Commission decision to deny without prejudice the above referenced project - an auto parts store located at the Town Center retail plaza. Resolution No. 90-94. Approval or Denial. Community Development Director Gunderman detailed the concerns expressed by the Planning Commission. He also commented on the possibility of a code amendment to prohibit future requests of this type. Allen Davis, President, United Metric Development corporation, expressed concern with the ability to proceed in a timely manner, and the inapplicability of the Planning Commission's concerns to the design review process. He offered to answer questions from Council. Warren Tyler, Architect, detailed the current design and the modifications made previously upon staff's recommendations. Jim Kubaki, Regional Manager for Chief Auto Parts, commented that they do not condone repairs being made in the parking lot. He also detailed his company's involvement in Community events. Wally Rust, Manager for Chief Auto Parts, stressed his belief that there are limited car repairs actually occurring in the parking lots. He also advised that Chief is requesting approval at this new location to provide a larger store with increased inventory. ..... Allen Davis, further commented on the combination of use considerations in the design process. He recommended an ordinance similar to Coachella's to provide for increased enforcement. City Attorney Harper confirmed that the issue is really design and use is not an appropriate consideration. He suggested legislation such as Coachella's with the addition of punitive action against store owners who allow repairs to occur. He PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 also suggested future consideration of a CUP process for this type of license. councilman Buck questioned the applicant's willingness to provide private security. Mr. Davis clarified that they are willing to provide security during business hours, not 24 hours a day. He also advised that they are willing to provide upgraded trash pick-up and maintenance. Council discussed the need for a revised Ordinance and the time constraints of further consideration on this project. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO '-- 1 WITH DOMINGUEZ CASTING THE DISSENTING VOTE TO REFER THIS ITEM BACK TO THE PLANNING COMMISSION WITH INSTRUCTION FROM THE CITY ATTORNEY AS TO LEGAL OBLIGATIONS AND A REQUIREMENT THAT THEY FOCUS ON DESIGN REVIEW AND COUNSEL LOOK AT APPROPRIATE STATUTES FOR ABILITY TO ENFORCE THE DESIRES OF THE PLANNING COMMISSION AND CITY COUNCIL. 53. Extension of Time ~ Tentative Parcel Map 23361 ~ K-Mart. Community Development Director Gunderman detailed the concerns with this project and the mitigation which has already occurred. Leonard O'Byrne, Camelot Properties, detailed his efforts to resolve concerns. Bill Boyer, K-Mart, advised that work is continuing to replace the landscaping and detailed some difficulties they have had in this effort. City Manager Molendyk advised that he had visited the site this date and the main concern remaining is the erosion control and drainage. Mayor Washburn questioned the ability to grade the property to -- mitigate these concerns without removing dirt that would later need to be replaced. Fred Crowe, Butterfield Engineering, advised that he believed this could be accomplished with rough grading. Mr. O'Byrne advised that he is willing to pursue this. After further discussion of timing for grading, a one month continuance was suggested. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR ONE MONTH. Councilman Starkey stressed the need to proceed with this work quickly to beat the rainy season. 54. Stephen's Kanqaroo Rat Allocation Proqram. community Development Director Gunderman explained the recommendation and the need to proceed with acquisition of K-Rat areas. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO SET A PUBLIC HEARING FOR OCTOBER 23, 1990. .... BUSINESS ITEMS 55. Selection of votinq Deleqate and Alternate ~ Leaque of California cities Annual Conference. Mayor Washburn appointed Mayor Washburn as Delegate and Mayor Pro Tem Starkey as alternate for the Annual conference. PAGE SEVEN - CITY COUNCIL MINUTES -SEPTEMBER 25, 1990 CITY MANAGER COMMENTS city Manager Mo1endyk advised that staff is working to schedule a Study Session regarding Security systems. CITY COUNCIL COMMENTS - Councilman Dominguez thanked Homestead Development for their opening celebration at Tuscany Hills. Councilman Starkey requested an Executive session regarding Lake Management property acquisition. Councilman winkler advised that he was reelected as the Treasurer for the Inland Empire Division, League of California cities. Councilman Buck advised that the Golden Spectrum penny drive will run from October 1 thru December 1 and encouraged everyone to help with this fund-raising event. Mayor Washburn thanked staff and Council for their efforts on the united Way Telethon. City Manager Mo1endyk suggested a joint executive session with the Redevelopment Agency. city Attorney Harper advised that the executive session would be for the purpose of discussing acquisition of property for Lake Management, and pending litigation with Adams Advertising, Kunz, and two relocation matters. THE CITY COUNCIL MEETING WAS RECESSED AT 9:25 P.M. -- THE CITY COUNCIL MEETING RECONVENED AT 9:28 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:28 P.M. TO DISCUSS THE MATTERS PREVIOUSLY MENTIONED. THE CITY COUNCIL MEETING RECONVENED AT 10:25 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED B BUCK AND CARRIED BY UNANIMOUS TO ADJOURN THE REGULAR CITY NCIL MEETING AT 10:26 P.M. CITY 0 LAKE ELSINORE VOTE , Af..T. EST: (\/ ~ \. -- ~'J( .\, .: ~'v~ ~~J1OfSAD' C Y CLERK CITY OF LAKE ELSINORE -