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HomeMy WebLinkAbout03-28-1989 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 28, 1989 ****************************************************************** "... I ! CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Winkler at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: BUCK Also present were: City Manager Molendyk, Assistant city Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Services Director Watenpaugh, Public Services Director Kirchner, City Planner Thornhill and Deputy City Clerk Bryning. PUBLIC COMMENTS ,.... Mr. John Feiger, President of Canyon Lake Property Owners Association, P.O. Box 4363, Canyon Lake, expressed concern regarding the closure of Railroad Canyon Road as part of the Cottonwood Hills project. Mr. Nick Tartaglio, Main Street Cake & Donuts Shop presented a cake to the Mayor and City Council. The Mayor accepted on behalf of the Council. PRESENTATIONS/CEREMONIALS A. Proclamation - California Earthquake Preparedness Month - April, 1989. Mayor Winkler presented a proclamation declaring April, 1989 as California Earthquake Preparedness Month to encourage all citizens to increase their knowledge and awareness of proper safety measures to follow before, during and after an earthquake. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: - Item Nos. 5, 6, 7, 10, 14, and 15. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY: UNA.N1MOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. March 14, 1989 - Regular City Council Meeting. PAGE TWO - CITY COUNCIL MINUTES - MARCH 28, 1989 2. Received and filed Animal Control Activity Report for February, 1989. 3. Received and filed Investment Report for February, 1989. 4. Approved and adopted Resolution No. 89-8 - In Support of California Museum of Latino History. RESOLUTION NO. 89-8 I i ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA IN SUPPORT OF CALIFORNIA MUSEUM OF LATINO HISTORY. 8. Approved and accepted Quitclaim Deeds for Water Rights from Del Taco - Commercial Project 87-6 - A.P. # 378-290-006, Winston - Commercial Project 88-10 - A.P. # 363-170-077, Ayers - Industrial Project 88-1 - A.P. # 377-080-019, and In-Out Burger - Commercial Project 88-5 - A.P. # 363-140-064 & 66 and authorized City Clerk to record documents. 9. Approved and accepted Quitclaim Deed for Water Rights from Harold Walker - Commercial Project 87-2 - A.P. # 363-161-013 and authorized City Clerk to record document. 11. Approved the scope of services of BSI Consultants including street light inventory wall map and authorized Mayor and City Clerk to execute the contract. 12. Approved and accepted Quitclaim Deeds for Water Rights from Residential Projects - Swalve - 723 Lake Street, Winger - 315 Lowell and G.T.E. - 1587 Mill Street and authorized City Clerk to record documents. 13. Approved the disposal of surplus equipment and adopted Resolution No. 89-10. ~ RESOLUTION NO. 89-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DECLARING CERTAIN EQUIPMENT AS EXCESS EQUIPMENT AND AUTHORIZING THE ADVERTISING FOR BIDS. ITEMS PULLED FROM CONSENT CALENDAR 5. Declaration of Weeds, Rubbish, Refuse, and Dirt as g Nuisance and Ordering Abatement Notice to be sent to Property Owners. Councilman Washburn wished to remind the public that the Weed Abatement Program will be sending notices and further explained the program and costs. He further reminded the public that if, upon receipt of the notice to abate, the lots ,are cleaned off privately, they will avoid the cost. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS OF THOSE PRESENT TO APPROVE RESOLUTION NO. 89-9 AND SET THE PUBLIC HEARING DATE OF APRIL 25, 1989. ~ RESOLUTION NO. 89-9 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AND ANY OTHER UNAUTHORIZED FILL MATERIALS AS DEFINED IN SECTION 14875 OF THE HEALTH PAGE THREE - CITY COUNCIL MINUTES - MARCH 28, 1989 r- AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA, AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS ~~.c~.I..L."U..L r:a..i..."'''''.I..I..I..L.'U ..""..&..;.I.L."....L Vr1,U",L.;,U;;'''U. UPON THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER. NOES: COUNCILMEMBERS: NONE. ABSENT: COUNCILMEMBERS: BUCK. 6. Business License Structure. Councilman Washburn stated that this item was specifically related to Realtors and was sent to Council for determination. City Manager Molendyk gave an overview of the section of the Municipal Code addressing Brokers and salespersons in real estate. The Lake Elsinore Municipal Code, Section 5.16.070 address the fee charged brokers and salespersons. He further explained that Administrative Services Director Wood will be revising the Business License Section and bringing it back to Council for consideration. ,-... Mr. Rick Estes suggested that salespersons and agents are employees and not independent agents. He further explained the methods of tax payments made to justify his position. City Manager Molendyk stated that in the body of the report there is a breakdown of what other cities set as fees. He further stated that staff is looking to Council for direction regarding their opinion. Mayor Winkler suggested that this item be studied by Mr. Wood and brought back to Council in six months. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM FOR SIX MONTHS AND BRING THE PROPOSED REVISION OF CHAPTER 5 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING BUSINESS LICENSES BACK FOR COUNCIL REVIEW. ,..- 7. Request to waive facility ~ fees and authorize the sale of alcoholic beverages for the Miss Lake Elsinore Paqeant on April ~ 1989 = Lake Elsinore Valley Chamber of Commerce. Councilman Dominguez stated that he has no problem with the request except for the cleaning fee. He feels that any organization should be responsible for this. - Councilman Washburn questioned the new policy adopted by the Cv-u.r.cil reg&rding the Comr.mr.i tl-. C~:;>tGr <ii1d its relationship tu this item. Community Services Director Watenpaugh stated that under the new policy the Chamber of Commerce is in category #3 which states they would pay any fees for staff time, however Staff has been working on a contract with the Chamber of Commerce and it is recommended, for the rest of the budget year, to continued with the policy we have had with the Chamber. PAGE FOUR - CITY COUNCIL MINUTES - MARCH 28, 1989 Councilman Starkey clarified the meaning of staffing time. He further stated that in consideration of the working relationship between the City and the Chamber that fees be waived this budget year. If there is to be a fee, the cleaning deposit and fee would be all that he recommends. Mrs. Arta Valenzuela, Chairman of the Miss Lake Elsinore Pageant addressed Council and stated that the Chamber of Commerce does not object to paying the Cleaning fees. Mrs. Vo.J.t::ll~Ut::J.o. l:> \..o.\..t::u \..llo.\.. !Y!J.bl:> Li:1J\.t:: J::.J.l:>..L.llUL.e !.'ep:tt::l:>enL.::i "L.Ut:: wnoJ.e city. I I ~ Mayor Winkler clarified the question of the creation of a contract and questioned the budget year for the Chamber. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED WITH ONE DISSENTING VOTE BY STARKEY AND BUCK ABSENT TO CHARGE THE CLEANING FEE IN THE AMOUNT OF $50; WAIVE ALL OTHER FEES AND AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES FOR THE MISS LAKE ELSINORE PAGEANT. 10. 1989 Resurfacing Pro;ect. Councilman Starkey questioned the additional expenditure of $15,000 over the bid amount. Director of Public Services Kirchner explained that this amount was to be used as a cushion to allow for irregularities of the street paving. Mayor Winkler stated his concern over the condition of Lakeshore Drive from Riverside Drive to Mountain Road which are in poor condition and need attention. He further stated that this is one of the main corridors to and from the City and is heavily traveled. Mr. Kirchner stated that this this portion of Lakeshore Drive was eliminated from the contract because the developers on either side of Robb Road have the intention of reconstructing Robb Road from Mountain Street to the curve this summer. At this time the City is in design for reconstruction of the intersection of Robb Road and Lakeshore Drive by Terra Cotta Junior High School, with the project scheduled to begin this summer. The County is paving Lakeshore from Wise to Dryden Street and we will be doing work in collaboration with the County. Mayor Winkler stated that he would like to be informed of the status of the projects that th.e County is doing and if they are not moving fast enough the City should consider doing the projects and getting reimbursement from the County and developers. ..... City Manager Molendyk stated that emphasis should be given to Lakeshore Drive from the Four Corners area to Lake Street and clarified the areas that the County will do. Councilman Washburn stated that he would rather live with a road in poor condition for a while then pave the street and have it torn up by the developers for the utilities to be installed. ...... Mr. Molendyk asked which condition requires the developer to repair his portion of Lakeshore Drive and recommended that Council continue this item to the next Council Meeting. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE ITEM TO THE MEETING OF APRIL II, 1989. PAGE FIVE - CITY COUNCIL MINUTES - MARCH 28, 1989 r-- 14. Request authorization of Chanqe Order No. One for 1988 Slurry Seal and authorize Mayor and City Clerk to execute. Councilman Washburn questioned the Class II verses Class I Slurry Seal and the need for the change order. Director Of Public Services Kirchner stated that at the time of bid Class I slurry Seal was called for in the spec~I~ca't:~ons. Al:Ler -cue COIlLraCLOL- .uel:ldIl WUL-J\. J.L. Wet::> UOL.eu that the Class I was not adequate, and it was determined that Class II Slurry Seal would need to be used. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE AUTHORIZATION OF CHANGE ORDER NO. ONE FOR 1988 SLURRY SEAL IN THE AMOUNT OF $12,756.40. 15. A request for Final Approval of Tract Map 19358 - John ~ Heers, Inc. r- Director of Public Services Kirchner gave an overview of the project. City Attorney Harper gave a brief overview of the position of the City regarding drainage problems in this tract. He further explained that the City has two options. One would be to waive the condition of the storm drain improvement or Two, to acquire through eminent domain the required real property. The City has entered into an agreement with the developer who will pay all the costs associated with eminent domain and will post a $30,000 bond. Because no agreement has been reached regarding the drainage property, the City has no choice but to proceed. Mr. Paul T. Salata, Hillcrest Development, the adjacent property owner, stated that he would support the applicant's efforts to final the map and record it, and expressed his concerns as the adjacent property owner and his objection to the eminent domain of his property. City Attorney Harper advised that the Tentative Tract Map 19358 expires on April 9, 1989, and there will be no City Council Meetings prior to that expiration date. City Manager Molendyk questioned extensions and City Attorney Harper explained that the applicant had already received two extensions. City Attorney Harper stated Council could choose to add, on an emergency basis, the item to Consider the extension of the Tentative Tract Map 19358; it will take four positive votes and it will take four votes to pass the continuance of the item. r-- I i Mr. Heers, the applicant, stated that he has agreed to solve the problems regarding his portion. He further stated that he has already agreed to the Webb Report and will accept the findings of Keith and Associates. Councilman Starkey stated that he feels that both parties should reach an agreement. Councilman Washburn stated his concern over the amount of time that Mr. Heers and Mr. Salata have had to resolve the problem. He further stated that now the problem is again back to the City to resolve for them. City Attorney Harper stated that an assessment engineer PAGE SIX - CITY COUNCIL MINUTES - MARCH 28, 1989 was hired at developer expense to determine who paid what amount on the drainage. The assessment report was issued three months ago and Mr. Salata found inaccuracies which the assessment engineer is correcting. Based upon that report the problem will be resolved. MOVED BY WASHBURN, SECONDED BY STARKEY AND APPROVED BY UNANIMOUS VOTE TO ADD TO THE AGENDA, ON AN EMERGENCY BASIS, THE EXTENSION OF ......-.......... ...-...... ......-.. -- ..... - - - - -- --..-..--..... ---...-- ......... ---""'_. ....J MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND APPROVED BY UNANIMOUS VOTE TO APPROVE THE EXTENSION OF TENTATIVE TRACT MAP 29385 - JOHN C. HEERS, INC., TO APRIL 26, 1989. PUBLIC HEARINGS NONE. BUSINESS/DISCUSSION ITEMS 51. Second Readinq = Ordinance No. 854 = Adopting Cottonwood Hills Specific Plan. Councilman Washburn expressed concern regarding school mitigation and instituting traffic corridors during construction of Railroad Canyon Road. City Manager Molendyk stated that Railroad Canyon Road is a Benefit Assessment Agreement and an alignment. This is a City project and not the developers project. The circulation will be addressed at a future date when the assessment district is adopted by the City Council. City Attorney Harper stated that Council can address their concerns in more detail as a L.A.F.C.O. condition. Mayor Winkler stated that he understood that Pardee needed an agreement with the School District before construction of the second phase. City Manager Molendyk confirmed this. ....,J MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE AND ADOPT ORDINANCE NO. 854 _ COTTONWOOD HILLS SPECIFIC PLAN : ORDINANCE NO. 854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE COTTONWOOD HILLS SPECIFIC PLAN. BY THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER. NOES: COUNCILMEMBERS: NONE. ABSENT: COUNCILMEMBERS: BUCK. I ...J ABSTENTIONS: COUNCILMEMBERS: NONE. 52. Lake Elsinore Ordinance No. 855 and Resolution No. 89-11, qranting g franchise for cable television to King Videocable Company. City Manager Molendyk gave an overview of the Ordinance and Resolution. PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 28, 1989 City Attorney Harper stated that the Resolution needs to be revised to better address the Ordinance and brought back on the Consent Calendar. ,-.. Councilman Washburn commended King Videocable for their assistance during the 1980 Floods and commended their inclusion in the Ordinance. uvv~u UJ. IJV!'!.l..!~V\J.L:lLo, O.L:l""V!~ULU .oj. ff.t10n.oUJ:'l.l~ .t'U~u \...t1.ru\.J..J:..U .01. Ul...Al....J..lvlVUi:J VOTE OF THOSE PRESENT TO APPROVE ORDINANCE NO. 855 GRANTING OF FRANCHISES FOR CABLE T.V. AS FOLLOWS AND CONTINUE RESOLUTION 89-11 FOR REVISION. ORDINANCE NO. 855 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE GRANTING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEM; PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEMS AND FEES THEREFORE. BY THE FOLLOWING ROLL CALL VOTE: ".... AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN WINKLER. NOES: COUNCILMEMBERS: NONE. ABSENT: COUNCILMEMBERS: BUCK. ABSTENTIONS: COUNCILMEMBERS: NONE. 53. Central Business District .= Boundaries. Councilman Dominguez commended Mr. Ballew on his work with Council and the Downtown Business Association Committee and further stated that all the involved members agreed with Mr. Ballew's proposals for boundaries. City Special Projects Planner Ballew stated that the boundaries are the first step of implementing the first District known as C.B.D. District I. He further stated that in the future there will be one or more additional districts that will be added on. Each one of the districts will allow enforcement of special guidelines, ordinances, set-backs requirements, parking, colors, etc. for new and old construction. Mr. Ballew stated that most of the items are consistent with the Cal-Poly Study and the only major item change is the boundary. Councilman Dominguez stated that the boundaries are the first step and that Council will be presented with guidelines in the near future. ~ MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED-BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BOUNDARIES FOR THE DOWNTOWN BUSINESS DISTRICT. 54. L.E.T.S. Sign Program/Reallocation of Funds. Mr. Molendyk gave an overview of the item and stated that it was accidentally omitted from the Council agenda and must be heard by both the City Council and the L.E.T.S. Board. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADD L.E.T.S. SIGN PROGRAM/REALLOCATION OF FUNDS TO THE AGENDA FOR CONSIDERATION OF COUNCIL. PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 28, 1989 MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVED THE REALLOCATION OF $16,000 IN GAS TAX FUNDS FROM THE LAKE COMMUNITY CENTER PROJECT TO FIND THE L.E.T.S. BUS STOP SIGN PROGRAM AND PURCHASE AND INSTALL THE SIGNS THROUGH A CONTRACT. CITY MANAGER COMMENTS - None. CITY COUNCIL COMMENTS Councilman Dominguez asked for a report on the status of Chaney Street. ..... Public Services Director Kirchner stated that after the most recent accident occurred the City referred the matter to the City's Traffic Engineering Consultant and he recommended the addition of edge striping at the curve of Chaney Street, advisory 25 MPH signs be posted at either end of the curve along with curve signs, a refreshment of the double yellow center line and paddles placed on the curve on the south bound side of Chaney. This will be accomplished in two weeks and the affected property owner has been given a copy of this report. Councilman Dominguez requested that staff check on street sweeping Lakeshore Terrace. Councilman Washburn requested a status report from the Planning Department regarding the General Plan Advisory Committee and it's progress. Mayor Winkler stated that staff and the consultants are not to take direction from the General Plan Advisory Committee. He further stated they are advisory and function in no other capacity. THE CITY COUNCIL MEETING WAS RECESSED AT 8:40 THE CITY COUNCIL MEETING WAS RECONVENED AT 8:48 ....; CLOSED SESSION THE CITY COUNCIL MEETING WAS RECESSED AT 8:48 TO CLOSED SESSION TO CONSIDER LITIGATION CONCERNING CALLAHAN, ELSINORE ECOLOGY AND CLEMENTS. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:07 WITH 'NO ACTION TAKEN IN REGARD TO STATED SUBJECTS. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE CITY COUNCIL MEETING AT 9:07 P.M. ~ YOR ELSINORE J ~~. ~ ADRIA L. BRYNING'~ CIT;~ERK CITY OF LAKE ELSINORE C71