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HomeMy WebLinkAbout10-24-1989 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 24, 1989 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Winkler at 7:01 p.m. ) r . PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Buck. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE 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, Planning Manager Thornhill and City Clerk Kasad. PUBLIC COMMENTS None. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled for further discussion and consideration: Item Nos. la, 7 and 14. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were received and filed: b. October 4, 1989 - Planning Commission Meeting. 2. Received and ordered filed the Animal Control Activity Report for September, 1989. 3. Received and ordered filed the Investment Report for -- September, 1989. 4. Ratified Warrant List for September, 1989. 5. Declared Office Furniture and Equipment Items from Public Works, surplus and authorized staff to proceed with the auction. 6. Approved the Lake Elsinore Valley Chamber of Commerce's request for a Christmas Parade Permit and Waived the fees as requested with the exception of the $50.00 cleaning fee. ..,;,;-~.1-~..,.[';j-:"~-'"",';.o?,:;t ~-'., ;-:.,:-.,,'~ ",;,::\:.~;':.~'t'.i>~~:~:Q,' PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 24, 1989 8. Accepted Drainage Easement for Tract 6406 from Paul J. & Gwen F. MCLaughlin. 9. Adopted Resolution of Intention No. 89-55 to Vacate a Portion of Grandview Avenue, southwest of Lakeridge Road - Abandonment 89-1. RESOLUTION NO. 89-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DECLARING ITS I~!TENTION.. TO Vl."CATE A GTREET EASEMENT ANDi"-'" SETTING A PUBLIC HEARING THEREON. - , 10. Accepted Notice of Completion from R. J. Noble Company fot'.the Lakeshore Drive Left-Turn Lane at Lakepoint Park. 11. Accepted a Two and One-Half Foot Alley Dedication for a Single Family Residence at 805 Sumner Street from Cindy & David Abshier. 12. Accepted a Grant Deed for the Purpose of Street Right-of-Way Dedication, for Single Family Residence at 783 Acacia from Robert W. & Carol J. Lynn. 13. Accepted Quitclaim Deeds for Water Rights from William T. Brown & Audrey Graziani; Keith M. Clarke & Linda M. Clarke; Daniel Development, Inc.; C. Alberto Leon and Aracelia Leon; Mirtha L. Jimenez; Alfredo F. Nespral and Thais F. Nespral and William T. Brown. ITEMS PULLED FROM CONSENT CALENDAR 1. Minutes. a. October 10, 1989 - Regular City Council Meeting. Councilman Washburn requested that Condition No. 8.c. relating to Vesting Tentative Map 23848 be amended to read "a 50/50 mix of 15 gallon and 24" box trees". ....J MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES OF OCTOBER 10, 1989 AS AMENDED. 7. Award of Contract for Lake Community Center Improvements _ Russell Tourville Construction. Councilman Dominguez inquired whether the two bids received represented the same project, because the cost variable was very extreme. City Manager Mo1endyk advised that Community Services Director Watenpaugh had double-checked with the bidders to assure that all work had been included and they confirmed that the bids were complete. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT FOR LAKE COMMUNITY CENTER IMPROVEMENTS TO RUSSELL TOURVILLE CONSTRUCTION IN THE AMOUNT OF $12,559.00. 14. Set public hearing date of November 14, 1989 for the following: ~ a. Annexation 88-1 - Cottonwood Hills - Pardee Construction Company. City Manager Mo1endyk advised that opposition had been raised to this annexation and this item should be deferred until further notice. .,'. -'i'~":, .--v':~",;-v-'" f, Y: PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 24, 1989 PUBLIC HEARINGS None. BUSINESS/DISCUSSION ITEM 51. Industrial proiect 89-5 = BigAl oil Company. A request to construct a commercial fuel station consisting of a 3,300 square foot office building ~nd 10 diesel and 4 gasoline pumps. The site is .68 acres and is northwest corner of Flint and Spring Streets. Big Al Oil Company structures on the site are be replaced by this proposal. located at the The existing proposed to .,' Planning Manager Thornhill detailed this request and advised that the Planning Commission failed to approve it by a 2 yes, 3 no vote. He advised that some of the concerns of the Planning Commission had been accuracy of the negative declaration, traffic circulation and counts, and compatibility with the surrounding uses. He further advised that attempts had even been made to relocate this business to a more appropriate location, to no avail. Councilman Starkey inquired of Planning Manager Thornhill, whether the concerns of the Planning Commission could be mitigated. Planning Manager Thornhill was uncertain if they could be mitigated. Mayor Winkler reiterated that the best resolution would be to work to relocate the business, and questioned the legality of the current location. Planning Manager Thornhill advised that it is currently a legal non-conforming use. Councilman Dominguez inquired with regard to traffic and circulation problems which might be caused by this proposal. In his opinion, the future design of Pottery Street might alleviate concerns. Councilman Washburn expressed concern with the Big Truck traffic which would be generated and security of the development with the limited visibility of a block wall fence. He suggested possible use of block wall combined with wrought iron. Further Council discussion ensued with regard to traffic and circulation studies, future General Plan designation and acceptable time frames for review and determinations. The Applicant advised that he has been attempting to do this work for almost a year and is now under deadlines for replacement of underground tanks to meet State requirements. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS ITEM FOR REVIEW AND BRING IT BACK WITHIN ONE MONTH FOR FINAL DETERMINATION. 52. West Lake Elsinore Community Facilities District No. 88-3. Resolution No. 89-56. Administrative Services Director Wood advised that the proposed Resolution would be the first step in Implementation of the West End Assessment District. He recommended that the Underwriter for the District be designated as Miller & Schroeder, Financial, Inc., based on their past work with the planning of the District. PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 24, 1989 Mayor Winkler questioned the size of the proposed park and whether it would still be a 30 acre park as originally discussed. Staff advised that there had been discussions about a 27 acre park. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 89-56 AND SPECIFY THE INCLUSION OF A 30 ACRE PARK IN THE DISTRICT. ~3. ~tenhAns' Kanqaroo Rat Habitat Conservation Plan CHCP). Adoption of an Urqency Mitigation Fee Ordinance. Ordinance No. 866. - Planning Manager Thornhill detailed prior considerations and discussions of this matter and advised that this is a temporary ordinance which will be considered as a public hearing on November 14. > .- .' MOVED BY DOMINGUEZ, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 866 AND SET PUBLIC HEARING FOR NOVEMBER 14, 1989. ORDINANCE NO. 866 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, JOINING THE ESTABLISHED RIVERSIDE COUNTY STEPHENS' KANGAROO RAT HABITAT CONSERVATION PLAN .STUDY AREA AND SETTING INTERIM MITIGATION FEES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE -- ABSTAIN: COUNCILMEMBERS: NONE 54. Ordinance No. 867 = Adoption of an Urqency Ordinance of the city of Lake Elsinore adoptinq s Moratorium on Development Proposals on. Properties in the East Floodplain Planning Area. Mayor Pro Tern Dominguez assumed the chair. Planning Manager Thornhill advised that this Ordinance is an interim measure until the public hearing is held on November 14, 1989. City Manager Molendyk recommended that Mayor Pro Tem Dominguez be designated to sign this ordinance on behalf of the City Council. Councilman Washburn clarified that this Ordinance would also include the lake perimeter within City limits. Councilman Buck suggested that this Moratorium be adopted for the entire six months requested by Arvida Corporation for their Master Planning efforts. __ City Attorney Harper clarified that when this item is considered in Public Hearing it can be set for a time frame specific. MOVED BY WASHBURN, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 867: PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 24, 1989 ORDINANCE NO. 867 -, AN URGENCY INTERIM ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MORATORIUM, ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN EAST FLOODPLAIN AND CITY LAKE PERIMETER, WHICH IS GENERALLY DEFINED BY A BOUNDARY ALONG MISSION TRAIL AND CORYDON ROAD ON THE EAST; TO CEREAL STREET AROUND SKYLARK AIRPORT THENCE SOUTHWESTERLY TO THE CITY LIMITS AND THEN WESTERLY ALONG THE CITY LIMITS TO THE STATE RECREATION AREA BOUNDARY, THENCE NORTEERLY TO A L!NE APPR0XI~~~TELY 132C FEET NORTH OF SYLVESTER STREET THENCE EASTERLY FROM THE STATE RECREATION AREA BOUNDARY TO THE SAN JACINTO RIVER AND AROUND THE VONS SHOPPING CENTER TO LAKESHORE DRIVE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER BUSINESS ITEMS 55. Adoption of Seismic Hazard Proqram ~ Resolution No. 89-50. Formation of Council Committee to Review Mitiqation Proqrams. City Manager Molendyk explained that this action is required by the State prior to January 1, 1990. Councilman Washburn commented on the timing and importance of this item in relation to the recent 7.0 earthquake in San Francisco. He inquired with regard to notification of affected property owners. Staff advised that notification would follow adoption of this resolution. Mayor Winkler questioned the City's Liability/Responsibility with regard to this Program. City Attorney Harper advised that the adoption of this resolution is the only responsibility on the City. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 89-50 AND FORM A COUNCIL COMMITTEE FOR REVIEW OF MITIGATION ALTERNATIVES. 56. Ordinance No. 865 = Relating to Garaqe Sales. City Manager Molendyk advised that this ordinance was reviewed and updated per a request from Council and citizen concerns. Councilman Dominguez advised that he had been mainly concerned with the signage limitations, and this adequately addresses them. Councilman Starkey inquired how much leniency Code Enforcement would allow. City Manager Molendyk advised that the ordinance would be in effect 30 days from final adoption on November 14, 1989. MOVED BY WASHBURN, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 865: ORDINANCE NO. 865 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE -,' .,~*,\,~. PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 24, 1989 ELSINORE, CALIFORNIA, REPEALING IN ITS ENTIRETY CHAPTER 5.76 OF, AND ADDING CHAPTER 5.76 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO YARD SALES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOBS! COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ) .,,\- ABSTAIN: COUNCILMEMBERS: NONE - CITY MANAGER COMMENTS City Manager Molendyk advised that the final signed agreement had been received for demolition of the buildings at Franklin/Main Streets; and they could be removed as early as the end of this week. CITY COUNCIL COMMENTS Councilman Buck reminded the Community of the Golden Spectrum penny drive beginning November 1, 1989 and encouraged them to participate. Councilman Washburn requested that Code Enforcement look at the tire sales being conducted at Limited and Spring Streets. Councilman Washburn also thanked participants for their efforts in the United Way/American Cancer Society Telethon which raised approximately $14,100.00. Councilman Starkey further commented on the success of the United Way Telethon. Mayor Winkler advised that the City of Lake Elsinore has offered assistance to cities affected by the earthquake in Northern California. He further advised that currently two City employees._ and two city vehicles have been sent to the City of Santa Cruz to assist in the building inspection efforts. - CLOSED SESSION None. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS DECLARED ADJOURNED BY MAYOR WINKLER AT 7:51 P.M. JIM WI CITY OF YOR ELSINORE ..... / :. Jy ELSINORE CLERK <'~""_' :"... i- '....-,:. '. :_.'j..