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HomeMy WebLinkAbout11-28-1989 City Council Minutes -- MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 28, 1989 ****************************************************************** CALL TO ORDER T~c Rog~~~= Ci~y C~~ncil M~oting was Winkler at 7:00 p.m. called ....- \,.v order by ivIcl.}'OL PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, George McFarlin (representing City Attorney Harper), Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner, Planning Manager Thornhill, Building/ Safety Manager Shear and City Clerk Kasad. PUBLIC COMMENTS - 1. Niddo Ryal, 223 Chaney Street, expressed concern with existing traffic conditions on Chaney Street. He explained that his home is the one which has been run into by a car that could not negotiate the curve on Chaney. He commented on his recent unsuccessful attempts to obtain a building permit to construct a block wall fence to protect his home. He requested City Council assistance and review in this situation. Mayor Winkler requested that staff investigate this matter and provide a report at the next city Council Meeting. 2. Don Solis, 31783 Via Cordova, commented on Capital Improvement Taxes he has paid on his home, that was not paid by all of his neighbors. He requested that he receive information, in writing with regard to the reason for this situation. 3. Larry Knight, 110 W. Graham Avenue, detailed recent robberies in the downtown area, and requested Council consideration of reimplementation of the Neighborhood Watch Volunteer Patrol program. - 4. George Alongi, P. O. Box 901, Lake Elsinore, further commented on the recent crime in the downtown area and supported the reimplementation of the Neighborhood Watch program. He further commented that in his opinion, the City should provide vehicles and two-way radios to facilitate the program. PRESENTATIONS/CEREMONIALS A. Proclamation - Jared B. Ferguson, Eagle Scout. Jared Ferguson was not present for the presentation. Mayor Winkler requested that this item be continued to the next City Council Meeting. I ~ PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 28, 1989 CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No.5. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1- "'no follo~':ing Minutes ware approved: ........... - a. November 14, 1989 - Regular city Council Meeting. The following Minutes were received and filed: b. November 1, 1989 - Planning Commission Meeting. 2. Received and ordered filed the Animal Control Activity Report - October, 1989. 3. Ratified Warrant List dated November 15, 1989. 4. Rejected and referred to the Claims Administrator the Claim submitted by County of Riverside (CL #89-24). 6. Approved the Request to Participate in Emergency Cold Weather Shelter Program for the Homeless and Authorized for Funding, subject to the following conditions: 1) The final program be approved by the City Manager to assure the funds are used to assist the local area homeless. 2) Transportation procedures be developed and approved by the City Manager. __ 3) Funding for transportation be approved by the City Manager, not to exceed $1,500. 7. Awarded Contract for the 1990 Asphalt Resurfacing Project to Fontana Paving in the amount of $80,147.30. 8. Awarded Contract for the 1990 Slurry Seal Project to Doug Martin Contracting in the amount of $37,239.00. 9. Approved Renewal of Agreement with the Downtown Business Association for a period of two years. 10. Adopted Resolution No. 89-66 - Relating to Sphere of Influence. RESOLUTION NO. 89-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RELATING TO A REVIEW OF THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE. 11. Accepted storm Drain Reimbursement Agreement on Industrial Project 89-4 from Robert Edmonson. 12. Accepted Alley Dedications for Single Family Residences at 701 Pottery and 407 Kellogg from Thomas Brothers Development Corporation. ~ 13. Acceptance of Quitclaim Deeds for water Rights for the following locations from the respective owners: PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 28, 1989 409 Kellogg Street - Thomas Brothers Development Corp. 407 Kellogg Street - Thomas Brothers Development Corp. 609 Pottery Street - Thomas Brothers Development Corp. 611 Pottery Street - Thomas Brothers Development Corp. 701 Pottery Street - Thomas Brothers Development Corp. 401 Sumner Street - Dexter B. & Shirley L. Armstrong 581 Birch Street - Robert M. & Karla K. Edmonson - 14. Approved Public Hearing date of December 12, 1989 for the following: a. An Ordinance establishing Land Use Zones for the Central Business District. ITEM PULLED FROM CONSENT CALENDAR 5. Mission Trail Trench Repairs - Engineering Services. Councilman Starkey expressed concern with working on this project when the original problem is not the City's. He requested that this item be pulled from this Agenda and discussed in Closed Session with regard to Potential Litigation. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO REMOVE THIS ITEM FROM THE AGENDA. PUBLIC HEARINGS None. BUSINESS/DISCUSSION ITEM - 51. Industrial proiect 89-5 = Big Al oil Company. A request to construct a card automated fuel sales station and a 3,300 square foot office building with a garage. The site is .68 acres and is located at the northwest corner of Flint and Spring Streets. The existing Big Al Oil Company will be replaced by this proposal. Planning Manager Thornhill reviewed prior considerations of this project and detailed the results of traffic counts and anticipated daily trips generated by this facility, as requested on October 24, 1989 by the City Council. He advised that pursuant to this information, the project would impact the area less than most other types of potential development in the area. Councilman Washburn commented that this project meets with existing zoning for the area, the impact of increase traffic is minimal, and the design of this building has been greatly improved. He further commented that these areas were the biggest concerns expressed by the Planning Commission and he feels they have been appropriately reviewed and mitigated. Councilman Dominguez clarified that the Planning Commission had recommended denial by a 3 to 2 vote. ,_ MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT NEGATIVE DECLARATION 89-18, AND APPROVE INDUSTRIAL PROJECT 89-5 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findinqs 1. No environmental impacts are anticipated as a result PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 28, 1989 of this project. 2. This proposal meets the Goals, Policies and Objectives of the existing General Plan designation and Zoning District and is a permitted use. 3. Impacts as a result of proposed, future, conflicting land uses have been mitigated, to the extent possible, through project design considerations, such as increased land=c~pi~g, zcrc~ning and architectural design. 4. The proposed project meets the design and development requirements of the Limited Manufacturing District (17.56), non-residential development standards (17.38), and parking ordinance (17.66) of the Municipal Code. - Planning Division Conditions 1. Design Review Approval for Industrial Project 89-5 will lapse and be void unless building permits are issued within one (1) year from the date of City Council approval. 2. All Conditions of Approval shall be fully implemented within the project design in all phases and/or strictly adhered to. 3. Full compliance of all Conditions of Approval shall occur, to the satisfaction of the City, prior to the issuance of the certificate of occupancy and release of utilities. 4. Applicant shall meet all applicable City codes and ordinances. - 5. All required off-site improvements shall be completed in accordance with the improvement plans approved by the City Engineer prior to release of utilities and issuance of Certificate of Occupancy. 6. All site improvements shall be constructed as indicated on the approved plot plan and elevations or as modified by these conditions of approval or the Planning Commission through subsequent action. Textured treatment for the tilt-up concrete panels on the western elevations are required. 7. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director. 8. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 9. A revised plot plan shall be submitted as part of the building plans which reflects all conditions of approval. This revised plot plan shall become the approved plot plan only upon the review and approval by the Community Development Director or his Designee. 10. Revisions to approved site plans or building ~ PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 28, 1989 - elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Condition of Approval herein. 11. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading is ",,,,,,,,,,,,,,,,,,'_..._..:1 ........,...u.~..A.. '- ....."-""'" . 12. All undeveloped and/or construction areas associated with the site shall be maintained in a safe and neat manner at all times. 13. Construction activity shall be limited to the hours of 7 a.m. to 5 p.m. Monday through Friday, and the Applicant shall comply the the City Noise Control Ordinance in order to protect adjacent occupants from unreasonable noise and glare associated with construction. 14. Applicant shall comply with City Noise and Grading standards during construction phases of development. 15. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. - 16. All loading doors shall be screened from adjacent properties or streets. This screening shall include a combination of decorative block walls and landscaping subject to review and approval of the Community Development Director. 17. No exterior roof ladders shall be permitted. 18. All electrical and mechanical equipment shall be ground or wall mounted/consolidated in a central location, and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director. 19. All exterior downspouts shall be painted to match the building. 20. Any proposed metal mailboxes shall be treated to blend with the center's design theme. A detail shall be included in the building plans, subject to the approval of the postal service and the Community Development Director. 1_ 21. A final landscape/irrigation plan incorporating the following revisions to the submitted preliminary landscape plan, date stamped March 20, 1989, shall be submitted for approval by the City's Landscape Architect at a fee cost of $100.00, prior to issuance of building permits: a) All planting areas shall have automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees at least 30 feet apart and at least 15 gallon in size, as approved by the Community Development Director. Trees may be clustered, if required, to allow 15 PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 28, 1989 foot setbacks from drive aisle intersections. Planting within ingress/egress points shall be no higher than 36 inches. c) All planting areas shall be separated from paved areas with a 6 inch high concrete curb. d) Parking landscape planter islands shall be 5 feet wide and bordered by a 6 inch wide and 6 inch high concrete curb. I';:;,rking lot s11all be planted to ': _ provide for 50 percent parking lot shading in 15 years. A 20 foot wide landscaped area between Spring Street and parking/pump drive aisle is required. The building shall be separated from drive aisles and parking areas by a landscaped planter area approved by the Community Development Director or his designee. e) Any transformers and mechanical or electrical equipment shall be indicated on the final landscape plan and screened as part of the landscaping plan. f) 20 percent of the trees must be 24 inch box size or larger. g) Taller screening materials along the north and west property lines will be required. Use pitt Tobira "Variegata", Raphiolepsis "Pink Lady", or Abellia Grandiflora. h) A greater mounding statement along Spring Street will be required to act as a "screen" for parking and pump activity. i) All landscape and irrigation shall be installed within the affected portion of any phase at the time a Certificate of Occupancy is requested for any building. - j) All landscape improvements to be bonded 120 percent Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100 percent for materials and labor for one year. 22. All exterior on-site lighting shall be shielded and directed on-site so as not be create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building and is to be subject to the approval of the Community Development Director or his designee prior to issuance of building permit. 23. Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director. 24. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code Chapter 17.94. The Master Signage Program shall be reviewed ... PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 28, 1989 and approved by the Planning Commission. All signage including free-standing signs shall be by City permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. - 25. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water Distri;:;t (ETv'1.TI'VD) list.:::d. in the trCilu::Hllitti::l.l received April 4, 1989. Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. EVMWD's industrial waste survey shall be submitted along with plumbing plans. 26. The final grading and drainage plan shall be submitted and shall be subject to the approval of the Chief Building Official. 27. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include any additional requirements requested by the Fire Marshal, listed in transmittal date stamped March 23, 1989. A fire detector check assembly shall be required for any interior fire lines and hydrants. 28. Only Class "A" fire retardant roofing materials are to be used. - 29. Meet all requirements of the Riverside County Health Department. The developer shall provide a signed clearance letter from the Riverside County Hazardous Materials Management branch indicating their review and approval of the project prior to Building Division plan check submittal. 30. Meet all state handicap requirements. 31. Parking stalls shall be double-striped with four-inch (4") lines two-feet (2') apart. 32. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. Enqineering Department Conditions 33. Construct all off-site improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit. 34. Street improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department standards and City Codes (L.E.M.C. 12.04 and 16.34). 1_ 35. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78). 36. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 28, 1989 37. Submit a letter of verification "will-serve" letter to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to applying for building permits. 38. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 39. all natural drainage "traversing SH:e shall be conveyed _ through site or provided for by a method approved by the City Engineer. 40. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 41. All public works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. 42. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 43. Post required Labor and Material Bonds and Performance Bond for Public Work Improvement off-site. 44. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" X 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 45. Provide fire protection facilities as required in writing by Riverside County Fire Protection. - 46. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 47. Developer shall provide a dedication for a corner cut-off at the southerly property corner. 48. Developer shall provide a 35 foot radius curb return at Flint Street and Spring Street intersection. 49. Process and meet all parcel merger requirements prior to issuance of building permits. 52. Appeal of Planning Commission Action = Frank Wong. An appeal of the Planning Commission approval of Condition numbers 17 and 24 for a Minor Design Review of an accessory structure at 17561 Sunnyslope Avenue. Planning Manager Thornhill reminded Council that this item was considered and appeal granted at the November 14, 1989 City Council Meeting, based on the facts presented at that time. He advised that since that decision, additional information __ has come to light which would preclude the Council from making the decision they did previously. The Ordinance gives no flexibility to the Council. Further, there is a large conversion involved in this project that would make it much more than a remodel. PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 28, 1989 Acting City Attorney George McFarlin confirmed that the Council has no legal grounds for exemption from Condition #24. Councilman Washburn inquired what the fee would be for this piece of property. - Public Services Director Kirchner advised that this is a corner lot with approximately 200 feet of frontage at a cost of approximately $50.00 per foot; for a total cost of approximately $10,000. He also clarified that any alteration cr additic~ ~cul~ be includ~d by ordiuunce. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ACCEPT STAFF RECOMMENDATION TO DENY THE WAIVER OF CONDITION NO. 24. CITY MANAGER COMMENTS City Manager Molendyk provided an update on recent pUblic safety issues. He detailed the increased/improved services providea by the last two budget years. He also detailed the efforts of the newly appointed Public Safety Committee and explained that it is hoped to have them work through the budget process and present final recommendations in June or July of 1990. CITY COUNCIL COMMENTS - Councilman Starkey commented on the recent Chamber of Commerce election and the selection of former Mayor Arta Valenzuela as the 1990-91 President. He also reminded the public of the Chamber of Commerce Christmas Parade on Saturday, December 2, 1989 at 10:00 a.m. Community Services Director Watenpaugh also advised that there will be a new event following the Parade this year at Gediman Park where there will be a Tree Lighting Ceremony and Santa for the kids. Councilman Dominguez requested that staff provide a report at the next meeting with regard to Mr. Solis's concerns on Capital Improvement Taxes. Councilman Buck thanked the Community on behalf of the Senior Center for the assistance they received after the recent robbery. He also reminded the Community of the Golden Spectrum penny drive. Councilman Washburn acknowledged the concerns for police protection, and explained that it is all a problem of finances. Mayor Winkler further acknowledged the concerns for police protection, and commented on the efforts of the Public Safety Committee in this regard. He also commented on a program being utilized in Moreno Valley schools, with a mock judicial system of students and a local attorney acting as judge. He requested that staff investigate this program and look into a similar one for our city. Mayor Winkler also reiterated his request for a staff report on Mr. Ryal's problem at the next meeting. I ,-.. THE CITY COUNCIL MEETING WAS RECESSED AT 7:55 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:59 P.M. CLOSED SESSION THE CITY COUNCIL MEETING ADJOURNED TO CLOSED SESSION AT 8:00 P.M. TO DISCUSS A MATTER OF POTENTIAL LITIGATION. PAGE TEN - CITY COUNCIL MEETING - NOVEMBER 28, 1989 THE CITY COUNCIL MEETING RECONVENED AT 8:39 WITH ALL MEMBERS PRESENT. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING A 8:40 P.M. cJ~ - JIM WINKLER, MAYOR CITY OF LAKE ELSINORE ~ T..EST :. V~~ VI~I LYNN~, CITY CIT~ OF LA~~t~~NORE ... ...