HomeMy WebLinkAbout01-11-1994 City Council MinutesMINUTES
REGIILAR CITY COIINCIL MEETING
CITY OF LARE ELSINORE
31315 CHANEY STREET
LARE ELSINORE~ CALIFORNIA
TIIESDAY~ JANIIARY il~ 1994
~*************r***************~*********************t~*****~r*
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor
Pro Tem Dominguez at 7:01 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Alongi.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, WINKLER~ DOMINGUEZ
ABSENTe COUNCILMEMBERS: WASHBURN
Also present were: City Manager Molendyk, Assistant City Manager
Rogers, City Attorney Harper, Administrative Services Director
Boone, Community Development Manager Shear, City Planner Leslie,
Community Services Director Sapp, Public Works Director Tecca,
Manager of Special Projects Watenpaugh, City Treasurer Pape and
City Clerk Kasad.
PRESENTATIONS/CEREMONIALS
Ao Presentation - Downtown Construction Detours.
James Lowe, 3 B's Construction, showed a map of the Outflow
Channel Map detailinq the progress to date and the existing
road closures. He indicated that the bridge on Riverside
Drive is now closed to traffic and has been removed. He
further indicated that the Graham Staeet bridge will be closed
on Thursday of this week, later than expected because
E.V.M.W.D. has been working on a line on Spring Street.
Lakeshore Drive is closed and will not be reopened. He
detailed the route of the detour for the downtown area when
Graham Street is closed. He also detailed plans in place, in
the event of heavy rains or flooding this season.
Councilman Alongi questioned how long Graham Street would be
closed. Mr. Lowe indicated that is partially dependent upon
the phone company and their placement of fiber optics,
however, it should be opened by March 15, 1994. He further
detailed work done to date on Minthorn and noted that Collier
road will be closing as well. He noted that dirt will
continue to be hauled to the Baseball Stadium and to the
Theater site for only one more day.
Councilwoman Cherveny thanked Mr. Lowe for the update, but
noted the large amount of dirt starting to accumulate on area
streets. Mr. Lowe indicated that they have been out this week
attempting to clean up the worst streets. He noted there
hesitance to use water in this effort, as it would cause
problems for the project itself.
Councilman Alongi inquired whether it would be possible to
prevent traffic from using Townsend to get around the traffic
PAGE TWO ~ CIT% COIINCIL MINUTES - JANIIARY 11, 1994
on Chaney Streeto Mr. Lowe indicated that they have no plan
for this. Public Services Director Tecca indicated that tfie
first detour implemented had been on Riverside Drive and the
latest involves Chaney Stree~. ~e indicated that there were
no additional traffic control measures planned for the Chaney
area. Mr. Alongi indicated that while he had not received any
complaints, he wanted ~o be sure the traffic was properly
channeled.
Mr. Tecca noted that the second most critical detour in the
City was for the Lakeshore and Graham closures. He advised
that detour would begin on Thursday, January 13th. He
detailed the signage to be placed and the route of the detour,
which will be in place for approximately three monthso Mro
Alongi questioned the signage for Langstaff and its impact on
~he school buses in the area. Mr. Tecca clarified the
signage and commented that modifications will most likely be
necessary after the detour has been used for a while and it is
known where the problems are.
PIIBLIC COMMENTS - AGENDIZED I'1'EMS
12equests were received to address item nos. 22 & 23 and deferred to
those discussions.
L'ONSENT CALENDAR
The following items were pulled from the Consent CalencYar for
further discussion and consideration:
Ytem P7os. Y, 5, 6, 7, and 8.
MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSEN'I'
CALENDAR AS PRESENTED.
2. Received and orclerecl filed ~he Building Activity Report for
December, 1993. (F:32.2)
3. Received and ordered filed the Code Enforcement Activity
Report for December, 1993. (Fe52.2)
4. Received anci ordered filed the %nvestment Report for November,
1993. (F:12.5)
9. Adopted Resolution of Intention No. 94-1 to Change the Street
Name of Short Street to Main Street & Setting Public Hearing
date of February 8, 1994. (F:158.1)
RESOLUTION NO. 94-1
A RESOLUTION OF INTENTION OF THE CITY COUNCLL OF THE CITY OF
Y.AKE ELSINORE, CALIFORNIA, CHANGING THE NAME OF SHORT STREET.
10. Adopted Resolution of Intention No. 94-2 to Change the Street
Name of Robb Road to Lake Street & Setting Public Hearing date
of February 22, 1994. (F:158.1)
RESOLUTION NO. 94-2
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
PAGE THREE - CITY CODNCIL MINIITES - JANIIARY lls 1994
LAKE ELSINORE, CALIFORNIA CHANGING THE NAME OF ROBB ROAD.
11. Approved Change Order No. 1 for Lincoln Street and Grand
Avenue Landscape and Streetscape Improvements in West Lake
Elsinore Community Facilities District 88-3, for Lambaren
Contractors Inc., for a reduction of $14,207.00. (F:22.3)
ITEMS PULLED FROM CONSENT CALENDAR
1. Minutes (F:44.4)
a. Special City Council Meetinq - December 6, 1993.
b. Reqular City Council Meetittg - December 14, 1993.
c. Special City Councfl Meetinq - December 22, 1993.
d. Planninq Commission Minutes - December 1, 1993. (F:60.3)
Councilman Alongi indicated that his copy of item l.b. was not
complete. City Manager Molendyk suggested that this item be
continued to the next meeting for the complete packet.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO DEFER THE MINUTES OF DECEMBER 14, 1994 TO THE
NEXT MEETING FOR APPROVAL.
MOVED BY ALONGI~ SECONDED BY CI-IERVENY AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO APPROVE THE MINUTES OF DECEMBER 6, 1993, AND
DECEMBER 22, 1993; AND RECEIVED AND ORDERED FILED THE PLANNING
COMMISSION MINUTES OF DECEMBER 1~ 1993.
5. Warrants Lists (F:12.3)
a. December 16, 1993.
be December 30, 1993.
Councilwoman Cherveny questioned the purpose of the checks to
B.K.Baker, Clowning Around, Enchanted Castle and Yesterday's
Dreams. Administrative Services Director Boone indicated that
the B.K. Baker checks were related to CFD 88-3 projects and
the others questioned all related to the Winterfest
festivities.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO RATIFY THE WARRANT LISTS OF DECEMBER 16~ 1993
AND DECEMBER 30, 1993.
6. Claims Aqainst the City - John Frohock (CL #93-16a), Judg
Mallard Frohock (CL #93-16b), and Roy Terrebonne (CL #93-20).
(F:52.2)
Councilman Alongi indicated that the Claim submitted by Roy
Terrebonne is related to the Zone Change discussion later in
this meeting. He suggested that this claim be deferred, in
that after that discussion, it may no longer be necessary.
MOVED BY ALONGI~ SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO REJECT THE CLAIMS OF JOHN FROHOCK AND JUDY
MALLARD FROHOCK AND REFER THEM TO THE CLAIMS ADMINISTRATOR FOR
HANDLING; AND CONTINUE THE CLAIM OF ROY TERREBONNE UNTIL DISCUSSION
OF ITEM 22 ON THIS AGENDA.
7. Presentation of Fiscal Year 1992-93 Annual Audit & Financial
Report. (F:24.1)
City Manager Molendyk indicated that the supporting report for
FAGE FOUR - CITY COIINCIL MYNIITES - JANUARY 11~ 1994
this item had not been distributed with the packets and
suggested that it be deferred to the next meeting to allow
proper time for reviewo
MOVED BY WINKLEF2, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO DEFER THIS ITEM TO THE NEXT MEETING.
8o Etequest for Stop Sign Controlled Intersection ~ Heald Avenue
& Townsend Street. (F:Y62.2)
Councilman Alongi commented on the recently approved stop sign
for an alley and questioned why consideration would not be
given to placement of a stop sign at an intersection where
children frequently cross. He noted that the only stop sign
is at Sumner at the top of the hill and one can gain a great
deal of speed by the time they reach this intersection.
Public Services Director Tecca explained the logic behind two-
way versus four-way stop intersections. He noted that by
placing stops at the alley mentioned, increased visibility is
accomplished. Iie indicated that traffic volumes do not
warrant a stop sign by state or federal standards. He also
noted that fhere are cross gutters which impact the
intersection much like speed bumps would. He stressed that
there is not adequate justification to place stop signs at
this location. Councilman Alongi concurred with all of the
points mentioned, but stressed that it would make the
residents of that neighborhood feel safer, He inquired
whether a stop sign would cause more of a hazard at this
location. Mr. Tecca indicated that tfiere are already too
many stop signs which are habitually disregarded and the only
way to enforce this traffic signage would be with the
placement of a traffic control officer constantly. He also -
no~eci that increasing the number of stops, is in conflict with
recent efforts to improve air quality.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE STAFF
RECOMMENDATIONS AND DENY THIS REQUEST. THIS MOTION FAILED TO CARRY
BS' A VOTE OF 2 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING
~IOTES AND WASHBURI3 ABSENT.
PIIBLYC HEARYNG3
21. Resolution No. 94-3 - Chanaina
Street to Malaga Road. (F:158.1)
City Manager Molendyk explained this item.
The City Clerk reported no wri~ten comments or protestsa
Mayor Pro Tem Dominguez opened the public hearing at 7:35 p.m.
asking those persons interested in this item to speak.
Yiearing no one, ~he public fiearing qaas cYosed at 7:36 p.m.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO ADOPT RESOLUTION PIO. 94-3.
RESOLUTION NO. 94-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CHANGING THE NAME OF SYLVESTER STREET TO MALAGA
I20AD .
PAGE FIVE - CITY COLTNCIL MINIITES - JANUARY 11~ 1994
22.
City Planner Leslie explained that City Council adopted a
Resolution of Intention (Resolution 93-63) to change this area
from R-2 to R-1. The boundaries being the westerly side of
Chaney Street, between Heald Avenue to the south, Treleven to
the north and bordered by several streets coming off of Chaney
Street. He stated that the zone chanqe is in conformance with
the General Plan, but the General Plan does call for a
Specific Plan in the Country Club Heights area and this will
conform to the projected Specific Plan.
Mayor Pro Tem Dominguez asked if there was any written
correspondence.
City C1erk Kasad stated that she had received a letter from
Mr. Roy Terrebonne in opposition to the project and detailed
his objections.
Mayor Pro Tem Dominguez opened the public hearing at 7:38 p.m.
asking the following persons to speak:
Roy Terrebonne, 215 Chaney, stated his opposition to the zone
change. He e~lained that he had purchased the property,
after checking with the Planning Department of the City, with
the intent to develop multi-family dwelling units and has
invested a great deal of money toward that goal. Mr.
Terrebonne explained that the City should have been aware of
the problems of the area and should not have allowed the
purchase of this property under the zoning which was in place
at the time of purchase. He indicated that this has caused
personal financial hardship. He stated that if he had known
that the property was going to be zoned R-1, he would not have
purchased it.
Roger Bennett, P.O. Box 5310, Huntington Beach, stated his
opposition to the zone change. He stated that he felt this
would be a bad move and reduce the value of the property. He
stated that multi-family housing is necessary, since not
everyone can afford to buy a single family residence. He
questioned how the loss of value will affect the current
property owners.
Mayor Pro Tem Dominguez asked if there was anyone else who
wished to address Council. Hearing no one the public hearing
was closed at 7:45 p.m.
Councilwoman Cherveny expressed her concern and noted that
when the area in question was annexed into the City in 1966,
the property was zoned R-2 and when the General Plan was
adopted in 1982, it remained R-2. She stated that her biggest
concern is down zoning. Ms. Cherveny stated that if value is
taken away from property owners without compensation, then it
is of major concern to her as the integrity of the City is
PAGE SI$ - CITY COIINCIL MINUTES - JANOARY ll0 1994
placed in question. She stated that she saw no reason to
change the zoning on this property, and noted that there will
be a claim that Council will have to deal with after this
issue is voted one
Councilman Winkler stated that he was in favor of the zone
change and explained ~ha~ this is a Specific Plan area and the
majority of the building in the area is presently Single-
Family residences. He indicated that this issue came forward
because the Single-Family residents do not want to have multi-
family units next to them. He gave a history of the area and
why this item is now before Council. He suggested that there
are plenty of areas in the City for multi-family dwellings.
Mr. Winkler stated that the persons that have built in that
area have shown that they feel f.he area should be R-1. Iie
stated that a duplex next to a single-family residence could
lower the value of the single-family home.
MOVED ~Y W%NKLER, SECOND BY DOMYNGUEZ TO APPROVE ZONE CHANGE 93-6
BASED ON THE FOLLOWING FINDINGS AND APPROVE ORDINANCE NO. 971:
Councilman Alongi commented that R-2 property is more
expensive than R-1 and down zoning will cause a loss in valuee
He further commented that when people build single-family
residences in R-2 zones it is by their choice and not because
they had too He stated that it Is not fair for a person to
buy and build a single family residence in an R-2 area and
then complain about ~he R-2 zoning around theme Mre Alongi
stated that it is the contractor's choice and the person's
ehoice who buys the home to live there. He asked Mr. Leslie
to display a map and discussed the zoning in the areae He
asked Mr. Leslie if the area behind the proposed zone change
raill affect the remaining R-2 zoning. Mr. Alongi stated that
the property, when annexed, was R~2 and the persons who bought
across ~he street in 1972, had R-2 property, and the zoning of
Mr. Ryal's home was zoned R-2 as well. FIe stated that he is
in opposition to this zone change and would like to see a good
guality product built on that site.
Councilman Alonqi stated that the problem with the current
annexation efforts is that the residents donot trust the City
and issues such as this cause the loss of integrity. He
stated that the City has the right to demand a quality product
which would enhance the neighborhood.
City Planner Leslie explained that one reason for the
boundaries of this zone change is that it does not have as
severe land terrain and staff felt that there would be more
pressure to place multi-family dwelling units in that area
than in other areas. FIe further explained that where the
General Plan requires a Specific Plan, ultimately the City
hopes to have that some day, but the City is going forward
with this limited zone change.
Councilman Alongi stated that where ever the lot is, ~.he
restrictions to build a duplex on are tfie same as for a
single-:family residenceo
~'HE FOREGOING MOTION F'AYLED TO CARRY BY A VOTE OF 2 TO 2 WITH
ALONGI AND CHERVENY CASTING THE DISSENTING VOTES AND WASHBURN
ABSENT.
PAGE SEVEN - CITY COUNCIL MINUTES - JANIIARY lls 1994
Mayor Pro Tem Dominguez e}cplained that this issue would be
returning to Council at a later time since it had ended in a
two to two vote.
Councilman Alongi asked why the Council Policy is followed
when it suits other members of the Council and will be iqnored
when it suits them. He stated that there is an election
coming up in June and when the Council is changed this area
can be rezoned it back to R-2. He commented that if this is
the way the game is played, then other members will be shown
how hard ball is played. He indicated that the zone change
had failed and it should stay failed.
City Attorney Harper stated that if it is continued, then the
public hearing must be reopened and to be continued with the
public hearing to remain open. He stated that the alternative
is to renotice the project.
Councilman Alongi asked, with Mr. Terrebonne's permission, to
hold off on his lawsuit until it comes back aqain, unless he
would prefer it come forward now.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
TO MOVE CLAIMS AGAINST THE CITY, CLAIM NO. 93-20, ROY TERREBONNE TO
THE NEXT MEETING ON JANUARY 25, 1994.
23. Annexation No. 68 (Revised). General Plan Amendment 93-3 and
Zone Chanae 93-5 - The City of Lake Elsinore - Resolution Nos.
94-4 & 94-5 and Ordinance No. 972. (F:20.2)(X:83.2)(X:172.2)
City Manager Molendyk explained that this is also a discussion
of Annexation 65 and 68.
City Planner Leslie stated that what is presented to Council
is Annexation 68 Revised and encompasses Annexation 65 and 68
as previously presented to Council.
Councilman Alongi stated that he wanted to make a motion to
split the annexations. He asked Councilman Winkler if he
would be voting or abstaining on this item.
Councilman Winkler stated that he had not had the opportunity
to review how much this issue would affect his ability to
vote.
Councilman Alongi then asked the City Attorney if Councilman
Winkler could vote.
City Attorney Harper explained that he could advise, but he
could not deny any of Council the ability to vote or not to
vote.
Mayor Pro Tem Dominguez explained that he would like staff to
give their presentation and then a motion can be made.
Councilman Alonqi stated that he would like to make a motion
to separate the annexations. Councilwoman Cherveny stated
that she would second it.
Mayor Pro Tem Dominguez stated that Councilman Alongi could
make his motion, after the staff has presented information in
regard to the item.
PAGE EYGHT - CITY COONCIL MINUTES - JANUARY 11~ 1994
COUNCILMAN WINKLER REMOVED HIMSELF FROM THE MEETING DUE TO A
POTENTYAL CONFLYCT OF INTEREST AT 8:00 P.M.
Cty Attorney Harper explained that as presented1783Xtoni~S
is being heard as one annexation. LAFCO has sent this back to
the City indicatinq that they will not deal with the
annexation unless it deals with the other areas. He clarified
that the reference to another annexation is only for the
purposes to understand what is being discussed; now it is only
one annexation.
Councilman Alongi stated that Western Desert has already been
approved by this Council and should be split off and heard as
a separate issue.
Mayor Pro Tem Dominguez instructed City Planner Leslie to
proceed with the presentation.
City Planner Leslie stated that Annexation No. 65, for which
Western Desert Corporation was the applicant, was considered
by the Council and approved. He explained that Western Desert
Corporation now has the responsibilitg to file their
application for annexation with LAFCO and they have not yet
done that. Mr. Leslie explained the Laguna Heights Annexation
No. 62, went to LAFCO, on December 9, 1993, and was approved
subject to a condition. He explained that before this
annexation can be finalized, what LAFCO refers to as a pocket
area would also have to be annexed. The pocket area defined
by LAFCO includes the north Amorose area, the Brookstone Ranch
area, the Woodhaven Tract area, the Western Desert property
and everything between the Western Desert property and
Machado. He noted that since Western Desert has not submitted
their Annexation No. 65 to LAFCO for consideration and because
Laquna Heights has asked that the City consider Annexation Noe
68 to also include tfiat area. This combination would allow
the City to file with LAFCO and staff is recommending that
action, in order meet LAFCO's conditionse Mr. Leslie noted
that if the Western Desert Corporation was to file with LAFCO,
it would be servinq the same purpose. He explained that LAFCO
just needs to see that entire pocket area annexed, whether it
is one or two annexations filed with them. He concluded by
saying that this area would have to be annexed before the
Laguna Heights Annexation could be completed.
City Attorney Harper clarified Council's options. He
explained that what is before Council is a sinqle annexation,
including both of the '~old annexations1°. Council does not
fiave the legal ability to split them apart because the notice
was not for two annexations.
Councilwoman Cherveny stated that the notice was for two
annexations.
City Attorney Harper explained that it is two separate
properties but under a single Annexation 68 Revised. The
Council has the option to vote in favor of the annexation, or
vote against the annexation and if it fails Council still has
the potential to direct staff and or the developer to resubmit
the original.
City Manager Molendyk explained that the intent was to allow
PAGE NINE - CITY COIINCIL MINUTES - JANIIARY 11~ 1994
the people to have the opportunity to vote on the annexation.
Councilwoman Cherveny explained that the notice does not say
Annexation 68 Revised. The notice states Annexation No. 65
and 68. This is what was published and sent to the residents.
City Manager Molendyk stated that no matter what the options
are he felt that Councilwoman Cherveny's intent was for all
the affected residents to have an opportunity to vote.
City Attorney Harper stated that if this agenda item had been
prepared in the same way as the notice there would be no
problem. He e~lained that since it has been noticed as two
separate items, this issue may have to come back to Council
after the appropriate item has been done by staff.
Mayor Pro Tem Dominguez asked the City Attorney if there was
a time limit or if this item could be continued and be brought
back.
City Attorney Harper indicated that it could be brought back,
but there are a number of people present in the audience to
address this issue.
Councilman Alongi stated that the problem he has with this
project is that the Western Desert annexation has already been
approved by this Council, and questioned how reconsideration
could occur when it has already been approved.
Mayor Pro Tem Dominguez stated that it was pursuant to LAFCO
direction.
Councilman Alongi indicated he understood what LAFCO wanted,
but it is still the City of Lake Elsinore. His concern is
that the Council should make sure that every citizen in the
community, whether they want to annex or not, has the right to
vote on this issue. He explained that by voting on the issue
before Council, it would be approving the item the way it is,
and there is a good possibility that the people in the Western
Desert Corporation have enough votes to override the people in
the Brookstone and Woodhaven Tracts. He explained that this
is not fair to all the residents. This whole issue may fail
due to the inability to remove an area that has already been
approved for annexation by this Council, but the developer
refuses to take this forward. Mr. Alonqi stated that if this
has to come back to Council by separating the two then this
must be done.
City Attorney stated he
apart the items, the way
MOVED BY ALONGI, SECONDED BY C
0, WITH WINKLER ABSTAINING
ANNEXATION 65 FROM ANNEXATION
HEARD AS AN SINGLE ITEM.
was not as concerned in splitting
the notice was written.
HERVENY AND CARRIED BY A VOTE OF 3 TO
AND WASHBURN ABSENT TO SEPARATE
NO. 68 WITH ANNEXATION NO. 68 TO BE
City Manager Molendyk explained that this has been discussed
with staff earlier and separation of the items will not cause
a problem,
Mayor Pro Tem Dominguez opened the public hearing at 8:16 p.m.
PAGE TEN - CITY COUNCIL MINOTES - JANIIARY Y1, 1994
and as]ced if anyone wished to address Annexation Ido. 650
Iiearing no one the public hearing was closed at 8:17 p.m.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARR%ED BY A VOTE OF 3 TO
0, WITH WINKLER ABSTAINING AND WASHBURN ABSENT TO REAFFIRM PREVIOUS
COUNCIL ACTION REGARDING ANNEXATION NO. 65.
Mayor Pro Tem Dominguez opened the public hearing at 8:18 p.m. to
address Annexation No. 68, and called upon the following people who
had requested to speak:
ilance White, 15009 Eurelca Street, stated his opposition to the
annexation and stated ~hat he wished to have the right to vote
on whether he wishes to be a part of the City or not.
Ron Sullivan, representing the Laguna Heights project, spoke
in support of the annexation and stated that they would work
with Western Desert Corporation to bring this to an equitable
resolution.
Marie Locke, 15025 NYonty Court, spoke in opposition to the
annexation ancl asked who is paying for this annexation.
Lee Bulen, 14949 Toft Street, spoke in opposition to the
annexation and asked who is sponsoring this annexation. He
stated that if there was going to be a combined annexation,
areas 62, 65 and 68 should be included as one annexation.
Steve Parry, Hamilton Consulting representing Western Deser~
Corporation, 33971 Selva Road, Dana Point, spoke in support of
the annexation and stateci that he was available £or Council to
question his section of the project.
David Buchanan, 30831 Plumas, spoke in opposition to the
annexation and questioned the ability of the project to
support proper public safety services.
Ace Vallejos, 15231 Cobre Street, spoke in opposition to the
annexationo
Josepka Archer, 15271 Alvarado Street, spoke in opposition to
the annexation and stated that all the conditions regarding
zoning should remain the same,
Allan Knight, 30570 Broolcstone, stated his opposition to the
annexation and asked who was paying for the annexation. He
stated that the developer should be responsible for this
action and be required to get 5% of the residents to approve
this annexation before it goes forward.
Patricia Nolan, 30620 Plumas, stated her opposition to the
annexation and stated that the City should not be paying for
this annexation, She expressed concern that fi.he proposed
annexations will create ~.raffic problems and change existing
zoning.
Mary Goodhue, Attorney for the Brookstone Homeowners
Association, 11665 Avina P1. Ste 202, Rancho Bernardo, stated
that she was present to rebut the proponents of the
Annexation.
David Locke, 15025 Monty Court, spoke in opposition to the
PAGE ELEVEN - CITY COONCIL MINUTES - JANUARY 25, 1994
annexation and asked why the City Council is hearing this
action since LAFCO is in process of hearing Dr. Chen's appeal.
He read the findings of LAFCO.
William Burford, 14958 Amorose Street, spoke in opposition to
the annexation and stated that the City has no real
responsibility to pursue this annexation.
H. John Kelly, 14845 Amorose, spoke in opposition to the
annexation and expressed his concern that he might loose his
right to vote.
Dave Gottlieb, representative of The Western Company, 3546
Carmel, Irvine, spoke in support of the annexation and stated
that Annexation No. 65 has had the EIR and the Specific Plan
approved by both the City and LAFCO. He further explained
that the City, as the conductinq authority, is in process of
filing an Intent to Annex, which does give .the people in
Brookstone and Woodhaven the right to vote on whether they
wish to be in the City or not.
Mary Goodhue, Attorney for the Brookstone Homeowners
Association, asked what right the City Council has to
entertain this request for reconsideration. She discussed Mr.
Chen's actions for reconsideration. She asked that City
Council defer its consideration of the request for Annexation
No. 68, until LAFCO gives its final decision.
David Gottlieb responded by stating that this is a petition to
initiate annexation and there is no resolution of the issue
that will be decided by Council.
Mayor Pro Tem Dominguez closed the public hearing at 9:08 p.m.
Councilwoman Cherveny asked City Attorney Harper for
direction.
City Attorney Harper stated that LAFCO has adopted a
resolution for a request for reconsideration, but indicated
that the City has not received any direction not to proceed.
City Planner Leslie stated that he had just received a notice
from Pat Bowler indicating, because a request for
reconsideration has been filed for Annexation 62, the City has
been ordered not to take any further action on Annexation No.
62. Mr. Leslie stated that he has had a conversation with Pat
Bowler at LAFCO; and LAFCO considers Annexation 68 as a
separate issue from Annexation 62. He stated that the City is
free to pursue Annexation 68.
City Attorney Harper asked Mr. Leslie if notice had been
received for the City not to proceed on Annexation 68. Mr.
Leslie stated that such a notice had not been received.
Councilwoman Cherveny asked if the City will be reimbursed by
Dr. Chen for fees on this annexation. City Planner Leslie
stated that the staff time spent on this Annexation has been
charged to the Laguna Heights Cost Recovery Account, but the
monies to cover the costs have not yet been received.
Mr. Gottlieb explained that all staff time and filing fees
PAGE TWELVE - CITY COIINCIL MINIITE~ - JANIIARy 25~ Y994
will be reimbursed to trie City of Lake Elsinore by the Cost
Recovery Account for Laguna Heights.
Councilman Alongi explained that he must view Mr. Chen°s
project as meeting the requirements of the City of Lake
Elsinor~. He stated that Mr. Chen has fulfilled all the
obligations to the City of Lake Elsinore however, he stated
that he felt a responsibility to all the residents who are in
Woodhaven, Brookstone and Laguna Heights to allow them some
kind of say in their lifestyle. Mr. Alongi indicated that he
had inquired why the City should reconsider this project and
he was told that LAFCO has instructed that the City do so. He
clarified that to vote for reconsideration means that the
citizens will be allowed the right to vote, and that is what
he would be doinge
Mayor Pro Tem Dominguez stated that he felt that the majority
of questions posed to Council have been answered, the
developer has complied and the Council has been directed.
MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A ROLL CALL
VOTE OF 2 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE, WINKLER
ABSTAINING AND WASHBURN ABSENT TO APPROVE COMMENCEMENT OE
ANNEXATION NO. 68 AND ADOPT RESOLUTION NO. 94-4, APPROVE GENERAL
PLAN AMENDMENT 93-3 AND ADOPT RESOLUTION NO. 94-5 AND APPROVE ZONE
CHANGE 93-5 AND ADOPT ORDINANCE NO. 972
RESOLUTYON NO. 94-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA~ CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO
ANNEX TO THE CITY OF LAKE ELSINORE AND TO MAKE APPLYCATYON
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE
PROCEEDINGS FOR ANNEXATION, AND THE CONCURRENT DETACHMENT FROM
THE ORTEGA TRAILS RECREATION AND PARK DISTRICT CERTAIN
INHABITED TERRITOR% DESCRIBED HEREIN AND DESIGNATEID
00ANNEXATION NO. 68 (REVYSED) - THE CITY OF LAKE ELSINORE".
RESOLUTION NO. 94-5
A RESOLUTION OF TFiE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAId
EOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1994,
ORDINANCE NO. 972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, PREZONING 212 ACRES TO RURAL RESIDENTIAL AND
RESIDENTIAL AGRICULTURAL (ZONE CHANGE 93-5) LOCATED ROUGHLY
WEST OF GRAND AVENUE, NORTH AND SOUTH OF AMOROSE STREET AND
TOFT DRIVE: CITY OF LAKE ELSINORE.
UPON 'd'HE FOLLOWING ROLL CALL VOTEe
AYES: COUNCILMEMBERSs ALONGI, DOMINGUEZ
%dOES: COUNCII,i~IEMBERS: CHERVENY
ABSENT: COUNCILMEMBERS: WASHBURN
PAGE THIRTEEN - CITY COONCIL MINIITE3 - JANUARY 11~ 1994
ABSTAIN: COUNCILMEMBERS: WINKLER
BIISINESS ITEMS
31. Ordinance No. 973 -
(F:54.1)
City Manager Molendyk highlighted this item.
Community Development Manager Shear explained that this
ordinance amends the code originally adopted in the 1970's;
and both the County and the C.H.P. are requiring that the code
be updated. He further explained that in addition to updating
the code, this ordinance also cleans up obsolete material.
MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 973
UPON FIRST READING.
Councilman Alongi questioned the procedure. Mr. Shear
indicated that the companies contacted to tow vehicles are
able to ascertain the value of vehicles and whether they can
be considered "junk".
Councilman Alongi questioned the impact of this ordinance on
people who store vehicles off the driveway and covered. Mr.
Shear indicated that this ordinance more impacts the Sheriff's
Department and their ability to tow away vehicles. Vehicles
on private property would still be addressed through the
Nuisance Abatement Process.
ORDINANCE NO. 973
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINOREo
CALIFORNIA, AMENDING CHAPTER 8.36 OF THE LAKE ELSINORE MUNICIPAL
CODE REGARDING ABATEMENT OF ABANDONED VEHICLES.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: .ALONGI, CHERVENY, DOMINGUEZ, WINKLER
NOES: COUNCILMEMBERSe NONE
ABSENT: COUNCILMEMBERS: WASHBURN
ABSTAIN: COUNCILMEMBERS: NONE
PIIBLIC COMMENTS - NON-AGENDI2ED ITEMS
Peter Dawson, 18010 Grand Avenue, representing Southshore
Homeowners Association, reminded the Council that they are
patiently waiting for the Lake Access Agreement prior to the busy
season. Councilman Alongi advised him of the Study Session
scheduled for January 13th at 3:00 p.m.
Denise Thompkins, 218 Chaney Street, indicated that she was
confused by the Council°s action on the Zone Change for the Chaney
Street area. She expressed concern with the current traffic and
speeding which is occurring due to the detour of traffic. She
suggested that the City consider borrowing the equipment from the
City of Hemet which photographs traffic offenders and send out
citations.
FAGE FOURTEEN - CIT% COIINCIL MINQTES - JANUARY 11~ 1994
Mariana Mohylyn, commented on problems with property which
previously belonged to her parents. She detailed problems starting
with the Code Enforcement authorization to go in to clear weed, and
including burglaries and finally arson of the house. She inquired
whether this would be an area the Redevelopment Agency would be
interested in addressingo Mayor Pro Tem Dominguez referred Ms.
Mohylyn to stafg, to discuss possibility of assistance.
Chris Hyland, 15181 Wavecrest, commented on the Study Session and
Special Meetinq held on Thursday, January 6th. She expressed
concern that action had been taken on the Oak Grove Equities
Fencing requirements. She also expressed concern with the special
meeting held on January lOth at which over $1 million in additional
work for the Stadium were authorized. She expressed hope that the
next election would be successful in changing the votinq patterns
of the Councilo
CITY MANAGER COMMENTS
City Manager Molendyk reminded the Council of the 5tudy Session
scheduled for 3s00 p.m. on Thursday, January 13th, regarding Lake
Capacity, Launch Rights and Fees.
CITY COIINCIL COMMENTS
Councilwoman Cherveny commented on the followings
1) Staff has revised the Boat Launcfi Policy and it has been
forwarded to the City Attorney for review.
2) The Baseball Stadium is on schedule or ahead of scfiedule
in some cases.
3) Reminder to all 90 day delinquent refuse customers, that
their service will be discontinued as o£ 1-10-94. CR&R
will resume service when the account is brought up to
date.
4) The City will be filing for their CDBG 20th Year Funds
and the City will receive approximately $146,000. She
suggested that any service organization wishinq to apply
for funding should start ~ow. Community Services
Director Dave Sapp should be contacted for further
information.
5y The °1Kids On Traclc1° was funded last June, however there
has been difficulty finding personnel to help get the
program started at the Junior High level. She stated
that if any High School or College students or school
aides were interested in a 3 hour position they should
contact the Personnel Department of the City or Community
Services Director Dave Sapp.
6) Expressed her concern regarding the Special Meetings
being set for the Stadium. She stated that the general
public could not attend in the middle of the afternoon
ancl asked that, if possible, tfie items be placed on the
regular meetinq agendas.
7) Stated her concern regarding the progression of the costs
for the Stadium. 5he stated that the Council is
PAGE FIFTEEN - CITY COiTNCIL MINOTES - JANQARY 11, 1994
committed to making this project work, but the costs have
changed radically since the beginning of the project and
recently over a million dollars had to be taken from the
General Fund of the City to continue progress of the
project. She asked that a study session be scheduled to
discuss e~cpenditures regarding the Stadium and how to
fund all the other projects the City has planned.
Councilman Alongi commented on the following:
1) Responded to Charlie Hand of the Sun Tribune in regard to
the Outflow Channel and stated that he did not know more
than the Engineers, but he did study the project and a
recent letter led him to inform the public that if there
was another wet winter this year there is a potential for
flooding. He read from the Letter from the A~my Corps.
of Engineers, that with two 100 year flood years i..n a•row
te project might not be able to handle the entire f.low.
He explained that the channel would he1p, but would not
completely prevent flooding if there are two heavy wet
winters in a row.
2) Criticized the fundinq situation for the Ball Field and
the number of afternoon meetings. He stated that a
project that is fast tracked always costs at least 30's
more and now he wants to know where the City will come up
with future funding to pay for future expenses. He
stated that this is not adding to the tax revenue and the
City is banking on the future and not on actual dollars.
3) He stated his objection to the distinctions made between
homeowners and renters. He explained that the renter
pays his fair share of taxes through his rent and
renters do not cause crime, but rather irresponsible
landlords who do not create the proper criteria and
restrictions cause crime.
Councilman Winkler commented on the following:
i) Commented that the Ball Field will succeed and stated
that it is easy to criticize and make negative comments
when all that person makes are negative votes on almost
every project. He explained that someone must stand-up
and take responsibility for solving the problems and take
risks to create a better future.
2) Announced that the Lake Elsinore Storm Baseball Team will
be holding an auction for the Friends of the Library and
there will be pro ball players from the Angels in
attendance. He stated that J.T. Snow, Tory Novello and
Buck Rogers will attend and that baseball memorabilia
will be part of the items auctioned.
Mayor Pro Tem Dominguez commented on the following:
1) Stated that he had received several calls from citizens
statinq that CR&R had not picked up their Christmas trees
and asked Public Services Director Tecca to look into
this matter.
PAGE 6I$TEE2~T - CIT% COIINCZL MINOTES - JANUARY Slo Y994
2) Asked that Mr. Tecca look into the ticketing eguipment
Denise Tompkins mentioned during public comments.
CLOSED SESSYON
Nonee
ADJOURNMENT
MOVED BY WINKLER, SECONDED BY ALONGY AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO ADJOURN T E REGULAR CITY COUNCIL MEETING AT
10:07 P.M.
~'~' TF^u'P9
~~ ~~~~
ICKS KASAD~ CI`~y CLERK
CITY OF LAICF..ELSINORE
~~ ~~~ ~
GAR WASHBURN, ri7p,yOR
CI7 F LAKE ELSINORE