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HomeMy WebLinkAbout11-09-1993 City Council MinutesMINIITES REGOLAR CITY COONCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY STREE'1° LARE ELSINORE~ CALIFORNIA TIIESDAYs NOVEMBER 9~ 1993 er****s***~*****aa**r****r*******a+r,e*rr******r*,t,e,e+e**a******r**,-* CALL TO ORDER The Regular City Council ~3eeti~:g v~as called to order by Mayor Washburn at 7:06 p.m. PLEDGE OF ALLEGIANC~ The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT; COUNCILMEMBERS: ALONGI, CHERVENY, WASHBURN ABSENTe COUNCILMEMBERS: WINKLER (Councilman Winkler arrived at 7:50 p.m.) 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 Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALB A. Presentation - Lake Elsinore Management AutnoriLV vlaeoLaDe. (Fe92.3) Mayor Washburn noted the agencies involved in L.E.M.A. and explained the purpose of the videotape. The videotape was shown. Mayor Washburn advised that the video£ape will be shown a various time in the future on King 3 and other stations. B. Announcement - Lake Elsinore Storm. (F:134.10) City Manager Molendyk advised that the Press Conference originally scheduled for Wednesday, November 10th had been rescheduled to Friday, November 12th at 1:00 p.m. He noted that the purpose of this press conference would be to introduce the new team logo and colors; and following the conference, team souvenirs will go on sale. PIIBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item nos. 21, 22, 34 and 35 and deferred to those discussions. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. l.a.o i.b., 8 and 9. PAGE TWO - CITY CODNCIL MINQTES - NOVEMBER 9, 1993 MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 2. Receivecl and ordered filed the Building Activity Iteport for October, 1993e (F:32.2) 3. Received ancl ordered filed the Code Enforcement Activity Report for October, 1993. (F:54.iD 4a Received and ordered filed the Ynvestment Report for September, 1993. (F:12.5) 5, Ra~ified Warrant List for November i, 1993. (F:12.3) 6. Awarded Maintenance Contract for Traffic Striping & Pavement Marking to IPS Services in the amount of $28,095.73. (F:156.2) 7. Adopted Resolution No. 93-62, regarding Authorization to Apply for Grant Funds from the Used Oil Recycling Fund. (F:84.1) RESOLUTION YJO. 93-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA~ APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEMENT ACT FOR TIiE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS REGIONAL i7SED OIL COLLECTION PROGRAM. 10. Approved public hearing date of December 14, 1993, for the following: a. Street Name Change of d2ailroaci Canyon Road to Diamond Drive from Y,ake Elsinore Diamond to the East City Limits. (F:158.1) ITEMS POLLED FROM THE CONSEN'd' CAY.ENDAI2 1. Aiinutes a. Special City Council Meeting - October 21, 1993. (F:44.4) b. Reqular City Council Meeting - October 26, 1993. Councilman Alongi indicated that he would be abstaining on the Minutes of October 21 and October 26, 1993. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 9 TO 0 WITH WINKLER ABSENT AND ALONGY ABSTAINING TO APPROVE THE CITY COUNCIL MINUTES AS SUBMITTED. 8. Resolution No. 93-63 - Intention for Citv initiated Zone Chanue fZC 93-61 - Chanav Rtraot - Channu frnm u_7 t~. v_ (F:172.2) Councilman Alongi indicated ~hat he would like to see this ma~ter moved to a Study Session for discussion. xe noted the annexation of this property in the 1960's with the R-2 zoning in place. He expressed concern that property owners, other than the existing homeowners should be compensated in some way since they purchased the property as R-2. Mayor Washburn clarified that this resolution was only the first step and even with its adoption a workshop could be held prior to further proceedings. PAGE THREE - CITY COIINCIL MINIITES - NOVEMBER 9~ 1993 MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 92-63. RESOLUTION NO. 93-63 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF _ LAKE ELSINORE, CALIFORNIA~ INITIATING A CHANGE OF ZONE FOR TERRITORY LOCATED ALONG THE WEST SIDE OF CHANEY STREET BETWEEN HEALD AVENUE AND HILL AVENUE. 9. LEMA Dues/Budget - Contribution 1994. (F:92.3) Councilwoman Cherveny noted that $17,500 was budgeted for dues last year and were not needed. She suggested that the funds be reallocated for additional paving of streets such as Kansas Street. She further noted that there is a property owner willing to pay for the curbs and sidewalks, and it would be appropriate to provide the paving. She e~cpressed concern with the upcoming rainy season and the muddy mess this street becomes. MOVED BY CHERVENY TO REALLOCATE THE PAST YEARS FUNDS TO PUBLIC WORKS FOR STREET WORK. THE MOTION DIED FOR LACK OF A SECOND. Councilman Winkler requested clarification of the $17,500 and the ability to reallocate it. Mayor Washburn suggested that the Administrative Services Director be requested to research these funds and the potential for reallocating them. _ MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIM VOTE OF THOSE PRESENT TO APPROVE THE LEMA BUDGET AS SUBMITTED. COUNCILMAN WINKLER ARRIVED AT 7:50 P.M. POBLIC HEARING 21. "'___'___"' "~~' ~.. ..~ ....a.. ~.. .... .. ..~v.~.auu..c ..v.~. ~vi a ~~os (F:ao.a~~x:ss.z~~x:i~a.a~ City Manager Molendyk detailed this request and the staff~s recommendations. Councilman Alongi asked that the public hearing be separated to hear Annexation No. 62 first and then Annexation No. 68, and vote on each one separately. Mayor Washburn explained that it would take a motion to separate the item or when it came to the motion the Annexations could be split. Mayor Washburn opened the public hearing at 7:30 p.m. and asked those persons who requested to speak to come forward as called: Patricia Lee Nolan, 30620 Plumas, stated her opposition to Annexation No. 62 and Annexation No. 68. She explained that she resents being forced to accept a situation that she finds unacceptable and could alter her way of life. PAGE FOIIR - CITY COUNCIY, MYN[TTES - NOVEMBER 9~ Y993 %,ea Itoutledge, 14505 Amorose, stated her opposition to Annexation No. 62 and Annexation No. 68; and cited the problems the developers are having in selling existing homes. She further stated her opposition because of the impact on Public Safety Services and the potential inability to provide proper services. Mrs. Routledge stated that in an already crowded school situation there are no provisions for more schools provided by ~he developer. She cited two lots in Mr. Chen's project th3t are part of the Brookstone Ranch CC & R°s and indicated that this needs to be addressed further. Ace Vallejos, 15231 Cobre Stree~, stated his opposition ~o the project and explained his objections to the annexations and developments, stating that he wants to see developments compatible with ~he area. Lee Bulen, 14949 Toft Street, stated his opposition to Annexation Nos. 62 and 68 and e~lained that he feels that the notices to the public were inadequatee He asked that it be made part of the record that he opposes Annexation No. 68 because he feels that i~ is an a~.tempt by the City to avoid the statutory process. Mr. Bulen stated that he feels the City cannot provide proper fire, police or school services due ~o the increased population. die requested that Council include Brookstone Ranch in the boundaries of Annexation No. 62, so that their residents can have a vote and voice in their future. A,llan Knight, 30510 Broo7cstone, stated his opposition to Annexation Nos. 62 anci 68, and suggested that the LAFCO requirement for a fiscal analysis had not been met by the developer; as he felt that the developer had understated the fiscal impacts. He noted that the City Manager, at a Study Session in August of 1992, stated that at 1,200 units, he did not see how the project could pay for itself. Mr. Knight questioned, now that it is down to 900 units, how it will pay for itself. Mr. Knight quoted Section A, paragraph 11, LAFCO Policies and Standards; ~~Boundaries should seek to include, rather than split existing identifiable communities, commercial districtso or other areas having social or economic in~egri~y1A. He stated ~hat Annexation No. 62, violates this provision by splitting the southern portion £rom Brookstone Ranch. Gary Glotfelty, United States Forest Service, 1147 E. 6th Street, Corona, stated the Forest Service's opposition to the annexation of 168 acres of public land to the City its zoning as open space. COUNC%LMAAY FIINKLEI2 ANNOLJNCED A POTENTIAL CONFLICT AND REMOVED HIMSELF FROM THE TABLE. David Locke, 15025 Monty Court, asked who was paying the fees for Annexation No. C:8. He stated that if Laguna Heights is paying ifor the annexa~ion then it is in violation of ~he lawo and if the Ci~y is paying for the annexation then it is an expenditure of ta}tpayers dollars and should be the sesponsibility of the cleveloper. He suggested that it might be appxopriate to make Annexation 68 part of Annexation No, 62 and it would be the responsibility of the Laguna Heights developers to fund. PAGE FIVE - CITY COi1NCIL MIN[TTES - NOVEMBER 9s 1993 David Gottlieb, 3546 Carmel, Irvine, representative of the Western Company, stated that he is appearing before the Council to ask their approval of Annexation No. 62, the General Plan Amendment and the Zone Change. He gave an overview and history of the project and the current intent of the development. He explained the annexation of 162 acres of Forest Service land and explained that this is to be zoned Open Space and will not change the use of the area. Mr. Gottlieb explained the Environmental Impact Report and stated that the development area will pay its own way for public safety services and explained the construction of water reservoirs on the development to provide for fire safety. He stated that this project is a Master Planned Community and will enhance the area. He explained that it will be taken to a formal vote of the residents involved and they will be given an opportunity to decide if they wish to be a part of the City. He asked that Council approve this annexation. Ted Kramer, 15077 Patrick Court, spoke in opposition to Annexation Nos. 62 and 68. Hearing no further comments Mayor Washburn closed the public hearing at 8:01 p.m. Councilwoman Cherveny asked why this was split into two annexations. City Planner Leslie explained that the applicant, Western Companies, proposed Annexation No. 62. The City, based on understanding of LAFCO~s policies, then proposed Annexation No. 68 in order to complete the annexation of the area. Councilwoman Cherveny then asked why the City is the applicant for Annexation No. 68. City Planner Leslie explained that LAFCO does not want to create islands, and it was staff's feeling that in order not to create an island, the City should propose Annexation No. 68. Councilwoman Cherveny stated that it is clear to her that the persons in Annexation No. 68 do not want to be annexed. City Planner Leslie explained that when an annexation goes to LAFCO, if there is 25~ or more written opposition to the project, then it must go to a vote and in that vote if 50~ or more of the registered voters, vote against the annexation, then the area will not be annexed. He noted that LAFCO could still choose to tie the two annexations together, and then everyone would be voting on the same annexation. City Manager Molendyk explained that if Annexation No. 68 is not approved, then LAFCO could include Annexation No. 68 in Annexation No. 62, and the people would then have less voice in the matter. Councilman Dominguez stated that this issue is now in LAFCO's hands, but the residents will have the opportunity to vote. Councilman Alongi explained that he was an advocate of splitting the annexations in order to give the people a voice in the annexation process. He further stated that he could not vote against this Annexation, since all the City requirements have been met. Mayor Washburn address the public comments regarding the PAGE SIS - CITY CODNCIL MIN[TTES ~ NOVEMBER 9; 5993 change in lifestyle caused by the annexation and sta~ed that ~he use of horses in ~he area is not in jeopardy and that the ability to have livestock will be maintained.' !He further addressed the public safety issue and stated that the solution is not just the increase in law enforcement officers, but also the increased participation of the residents in the community. He s~ated ~hat he fel~ ~hat ~he area seemed to be very conscious of public safe~y and s~ated that this would assist in better law enforcement for that area. Mayor Washburn stated that the fear factor of the area in regard to annexation is a concern and he stated that Annexation No. 68 does give the residents the opportunity to voteo MOVED BY ALONGI~ SECONDED BY DOMINGUEZ AND CARRIED BY A 4-0 VOTE WITH WINKLER ABSTAINING TO ADOPT RESOLUTION 93-64 FOR THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE ANNEXATION NO. 62~ APPROVE GENERAL PLAN AMENDMENT 93-2 AND ADOPT RESOLUTION 93-65; AND APPROVE ZONE CHANGE 93-4 AND ADOPT ORDINANCE 367, BASED ON THE FOLLOWYNG FINDYNGS: RESOLUTION NO. 93-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LP.KE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX 2'O THE'CITY OF LAKE ELSINORE AND CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT AND CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 62 - THE WESTERN COMPANY". RESOLUTION NO. 93-65 A RESOLUTION OF THE CYTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN FOR THE THIRD CYCLE OF THE CALENDAR YEAR OF 1993. ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 199 ACRES TO RURAL RESIDENTIAL AND OPEIJ SPACE (ZONE CHANGE 93-4), LOCATED ROUGHLY SOUTHWEST OF THE INTERSECTION OF TOFT DRIVE AND GRAND AVENUEe THE WESTERN COMPANY/LAGUNA HEIGHTS, APPROVED UPON FIRST READING BY THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN I~IOES : e NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER Findinas Annexation No. 62 le The proposeci annexation area is entirely within the City~s Sphere of Influence. 2e The proposed annexation area is contiguous to the City of Lake Elsinore. PAGE SEVEN - CITY COIINCIL MIN[TTES - N09EMSER 9~ 1993 3. The project will not result in any significant adverse impacts on the environment. Findinas - General Plan Amendment 93-2 1. The approval of the requested designations permits development to the highest and best nature within mitigable means to insure maintenance of the general public health safety and welfare. 2. Granting of the requested designations will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access and constraints. 4. The proposed change will not result in any significant adverse impacts on the environment. Findinas Zone Change 93-4 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This zone change establishes the necessary pre-zoning for this site. 3. This request will not result in any significant adverse impacts on the environment. MOVED BY ALONGI~ SECONDED BY CHERVENY AND FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING TO DENY ANNEXATION NO. 68, GENERAL PLAN AMENDMENT 93-3 AND ZONE CHANGE 93-5. COUNCILMAN WINKLER RETURNED TO THE TABLE. APPEAL 22. City Manager Molendyk introduced this item and noted that a meeting did occur on site to review the request. Mimi Ryal, representing Lewis Homes, indicated that she appreciated the opportunity to review the site with the Council. She further indicated that they are willing to provide the block walls or combination block wall/wrought iron fences on top of the large slopes and terraces. She detailed those locations on a map of the site. She also indicated that they would still like to use wood fences on side and rear property lines where they would not be visible. She commented on the fencing adjacent to Mr. Chen's project at the toe of the slope and requested that wood fencing also be allowed at October 26. 1993. (F:21.1) EAGE EIGHT - CITY COIINCIY. MINIITES - NOVEMBER'9~ 1993 this location, as there will be limited view of them and they would be helpful to drainage, Mayor Washburn indicated that he had visited the site with Councilman Winkler. Iie noted that the street to Mr. Chen's property should not necessarily be considered a major thoroughfare. Councilman Winkler requested clarification of fencing treatment adjacent to the cul-de-sacs. Ms. Ryal clarified. Councilman Winkler addressed the terraced area near Spruce Street. Ms. Ryal indicated that property is owned by Mr. Chen, but their intent would be block wall at the top of those terraces. She indicated their concern is for the f.oe of the slope. Councilman Winkler indicated ~hat he was not sure what this request was for. City Planner Leslie indicated that ~he policy has been for block masonry wall on the perimeter of all projects, however this request is for the perimeter line whicfi is at the base of the slope. He clarified that this might assist drainage in that there is a constant 2 or 3 inch space at the bottom of the fence. He noted that even with block wall it is possible to taave a series of 1°weep'° rioles in the fence. Councilman Winkler commented that in the perfect world block wall throughout the project would be desirable, but expressed is understanding of the cost concerns. He indicated ~.hat his ~eintian~~ciergcris~m.ttl~ t~~af~ncaagom~nk~~~ifmsn tdndsta~~, gh~ combination of'fencing. MOVED $Y WINKLER, SECONDED BY DOMINGUEZ TO REJECT PLANNING COMMISSYON CONDITION NO. 24 AND APPROVE STAFF RECOMMENDAT%ONS, Councilman Alongi requested clarification of the block wa11 requirement where visible from the street. Councilman Winkler clarified that the side fences which are barely visible from the street would be allowed. Councilwoman Cherveny inquired whether the wood fencing would be painted as opposed to bare wood, suggesting that painted fencing has a better appearancee Ms. Ryal indicated that they would prefer to treat/seal the bare wood fencing to make i~ water resistant. She indicated that in her opinion, this provides more protection than paint. Councilwoman Cherveny inquired which developmen~ currently has painted fences. Mr. Leslie indicated that Centex has painted fencing, , Mrs. Cherveny indicated that those painted fences really enhance the look of the development. Councilman Alongi indica~.ed tha~ sealing the fences is less costly and keeps the fences cleaner longer. He indicated that he would concur that sealing sounds appropria~e. Councilman Winkler questioned which would be bet~er for long term aesthetics. Councilman Alongi indicated that sealing would be better to -ceep water from permeating the wood. Ms. Ryal concurred that sealing tends to last a bit longer than PAGE NINS - CITY COIINCIL MINQTES - NOVEMBER'9~ 1993 painting. Councilman Winkler suggested leaving this decision up to staff to determine the best alternative. With concurrence of the second, this matter was added to the motion. Councilman Alongi noted a letter received from David & Trish Rupple on this matter. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE TO REJECT PLANNING COMMISSION CONDITION NO. 24 AND APPROVE STAFF RECOMMENDATIONS AND AMENDMENTS AS FOLLOW: THAT SIX FOOT (6') HIGH MASONRY WALLS SHALL BE CONSTRUCTED ALONG ALL SIDE AND REAR PROPERTY LINES WITH TAE FOLLOWING EXCEPTIONSS THAT WOOD FENCES AS PROPOSED BY THE APPLICANT MAY BE ALLOWED ON ALL INTERIOR SIDE PROPERTY LINES AND ON THE REAR PROPERTY LINES OF LOTS 4 AND 5 OF TRACT 19750-3 ONLY. MASONRY OR BLOCK WALLS SHALL BE USED ON ALL EXTERIOR SIDE PROPERTY LINES ADJACENT TO THE PROPERTY LINES ADJACENT TO A PUBLIC RIGHT-OF- WAY OR THAT FORM THE TRACT OR PROJECT BOUNDARY~ THAT THE REAR PROPERTY LINE FENCE FOR LOTS 21, 22, AND 23 OF TRACT 19750-1 (THE MODEL AREA) MAY BE A COMBINATION BLOCK WALL (BOTTOM PORTION) AND WROUGHT IRON (TOP PORTION); THAT THE ABOVE EXCEPTIONS ARE ONLY APPLICABLE TO THE MODEL SITE AND PHASE I, ALL OTHER SUBSEQUENT PHASES SHALL BE SUBJECT TO SEPARATE REVIEW AND APPROVAL; AND TREATMENT OF WOOD FENCING, WHETHER PAINTED OR SEALED, SHALL BE SUBJECT TO REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE. BIISINE88 ITEMS 31. Century Homes Proiect Fencina - Located in the Summerhill Development at the Northeast Corner of Summerhill Drive & Canyon Estates Drive. (F:80.1) City Manager Molendyk noted that Councilman Winkler and Mayor Washburn had met with staff and Mr. Reinen at the site. Robert Reinen, representing Century/Crowell Communities, noted the report submitted to Council detailing fencing costs. He further noted that the fences being discussed are in the completed Phase I and currently the second phase is under construction. He commented that any change in fencing would represent a change in conditions from those in place when the homes were purchased. Mayor Washburn requested clarification of the costs presented. Mr. Reinen explained that a block wall fence would need to be eight feet tall with two feet below ground for footings. Mayor Washburn noted a cost spread from $2,300 to $15,000 per lot. Mr. Leslie further clarified the lot breakdown and associated costs. Mayor Washburn indicated that his understanding was that the applicant is saying they received the approvals and met the conditions and any changes would have to be done by the City. Mr. Leslie clarified that there is some question as to whether the conditions have been met. Councilman Winkler noted the action at the previous meeting to PAGE °SEN - CET% COUNCYL MYNQTES - NOVEMBER 9~'1993: stop building until the conditions have been me~. He detailed ~lanninq Commission condition #28, and noted that it doesn't say the Community Development Director can'approVe`wood fences on the right-of-way. He stressed the visibility of the wood fencing from ltailroad Canyon Road and noted the Council has the right to stop construction and demand that the developer comply. He further noted that the City might have to replace ~he portion that has already been sold at an estimated cost of $12,000 per lot and indicated he would consider that. He also noted that if the City formally allowed soraething against policy to happen, he would not be opposed to considering action to correct it. He expressed concern that after discussion of ~his item began, additional fencing appeared to go up quite quickly. He indicated his gut reaction would be to continue with the same motion preventing further construction until conditions are met. He indicated that he raas not excited about assisting with phase two fencing, but if necessary he could only see assisting with the excess costs. Councilman Alongi indicated that he would agree with Councilman Winkler on this itemp if the Planning Commission recommendation was to not use wood fencing in the visible areas He disagreed, however, with the use of taxpayers money to trespass on private property to correct this. He stressed that the contractor was conditioned and the work should have been done in compliance. Councilwoman Cherveny inquired whether the City Attorney had seviewed this issue; and suggested that if the condi~ion was in place, the developer should be held to compliance. She concurred with Councilman Alongi that she would not agree with using City funds to correct the fencing. She further indicated that if the developer had complied the City should accept it, however, she would question whether the developer had complied. City Attorney Harper indicated that he was not certain what ~pproval staff might have given, however, ~he staff has no legal ability to allow something contrary to the conditions. Iie noted that there are a number of options to require compliance including refusal to issue permits or Certifica~es of Occupancg until compliance is reached. He noted that it is more difficult to address the properties already soldo Mr. Reinen concurred with Mr. Harper with regard to the first phase which,has'been so1d. He noted that the second phase plans had been submi~ted and reviewed with comments returned ~o them. He further noted that at that ~ime two bloclc walls were extended by 20 feet. He indicated that he feels they received review on behalf of the City and he would disagree that the developer is the guilty partye Councilman Winkler indicated that they could address the project by phases, but tYiere is an outstanding motion to stop construction. MOVED,BY WINKLER, SECONDED BY CHERVENY TO REAFFIRM THE PRIOR MOTION TO STOP CONSTRUCTION AND REQUIRE THAT CONDITION #28 BE COMPLIED WITH BEFORE ADDITIONAL PERMITS OR CERTIFICATES OF OCCUPANCY ARE ISSUED. PAGS ELEVEN - CITY COi1NCIL MINQTES - NOVEMBER 9~ 1993 Councilman Alongi indicated that he would like to see that no City staff will alter the Planning Commission or City Council approvals. He stressed that this type of situation should not happen again. Mayor Pro Tem Dominguez inquired whether staff understood Council's direction. Councilman Winkler indicated that there had been discussions of block walls and combination fencing for reasons of privacy and visibility. He noted that another option would need to be explored for the properties which have already been sold. He stressed the City's interest in providing a good product. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE Councilman Winkler recommended consideration at a future City Council meeting, but indicated he would like to have staff look at the first phase and come back with cost estimates and alternatives for replacement of the wood fencing. 32. Award of Contract for Lakeshore Drive & Chaney Street Widenina. (F:156.2) City Manager Molendyk explained this item, noting that the residents had approached the City concerning future alignment of Chaney Street. Ae further explained that as a result additional concerns were raised that needed to be addressed on at least a temporary basis. He also e~lained that the Outflow Channel project will be further impacting Chaney Street, when it is used as a detour. He noted new information that the residents would be interested in participating financially to ensure the project is completed with concrete curbs and gutterse Public Services Director Tecca no~ed that three alternatives were presented to the residents and Council at a work session. He further noted that this project for major intersection improvements had been bid and was being recommended for approval. He also noted that this was being considered as an interim improvement. He indicated that the same project with concrete curbs, gutters, etc. would cost about $276,000. He explained that with an assessment district, spreading the cost over 20 years, the total cost would be about $600,000, divided by 20 lots, would be $30,00o per lot over a period of 20 years. Mayor Washburn indicated that this was not feasible and questioned the bids received and the extent of the improvements. Mr. Tecca explained that all of the improvements will be temporary and would need to be removed before permanent improvements are done. He further explained that the minimum is proposed to assist during the detour, and permanent improvements could not be designed and completed in time for the detour. Councilwoman Cherveny inquired whether the use of Townsend was an alternative for this detour, in that it is already widened and improved. She stressed that it is only needed for 90 days and it would only require placing the left turn pocket on Lakeshore. PAGE TWELVB - CITY COiTNCIL MYNIITEB -'~OVEMBER 9s 1993' Mr. Tecca indicated that it is normally not appropriate to detour on a local street. He stressed that Chaney is dedicated as an arterial street, but indicated that legally Townsend could be used on a temporary basise Yie noted the number of units on Chaney vs. Townsend and indicated that ~here are nearly the same number of on each. Councilwoman Cherveny noted that they do not all face Townsend. Mr. Tecca indicated that the number facing Townsend is comparable to the nwmber facing Chaney. He noted the severity of the cres~ of the hill on Townsend and other difficulties with use of that street. He indicated tha~ it would require more work to improve Townsend, bu~ it might save $10,000 to 20,000. Mayor Pro Tem Dominguez noted tha~ the asphalt sidewalks have been sa~isfactory as installed on Lakeshore. He indicated that he feels the residents would be happy with themo Councilman Alongi questioned the potential for straightening the curve on Chaney Streeto Mr. Tecca indicated that the pepper trees will be removed and the stop sign will be relocated to improve the visibility in this area, Mr. Alongi questioned the potential for traffic backlog on Chaney Stree~e Mr. Tecca detailed the proposal of Caltrans for detours using Lake Street and Main Street and divertincy much of the traffic from Central. Councilman Alongi requested clarification of the stop sign relocation. Mr. Tecca advised that it will be moved up the hill about 50 feet from one leg of Sumner to the other. Councilraan Alongi expressed concern that this would defeat the original purpose of the stop sign. Mayor Washburn concurred with the concern for doing the project right and indicated that he would also like to see it done right before the detour, but he would not have a problem with the temporary improvements. He indicated that in the long term it is important to do the concrete improvements and stressed the need to target ~hat area. He further stated that he would like to see those improvements now, but it is cost prohibitive. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE LOW BID AF $84,706.60 AND AWARD THE CONTRACT FOR THE LAKESHORE DRIVE AND CHANEY STREET WIDENING PROJECT TO R.J. NOBLE COMPANY. 33. (F:112.1) City Manager Molendyk indicated that this item was initiated by'Council, however a number of questions have come up. He suggested that this matter be continued to a Study Session. EKOVED BY WASHBURN, SECONDED BY ALONGI TO POSTPONE THIS ITEM TO ALLOW FOR A WORKSHOP. City Manager Molendyk indicated that the City Cler~C would coordinate this item for an upcoming study session. Councilwoman Cherveny suggested notification ~o downtown residents< PAGE THIRTEEN - CITY COONCIL MINIITES - NOVEMBER 9s 1993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. COUNCILMAN WINKLER LEFT THE MEETING AT 9:00 P.M. DUE TO ILLNESS. 34. Temoorary Runwav - Skvlark Airbort. (F;14.1) City Manager Molendyk indicated that this request relates to runway 1/19 which was previously discussed at a special meeting prior to the Autumnfest events. He explained that this consideration is for use of that runway on a longer term basis. Richard Beckner, 32425 Cape Code Drive, commented that he is interested in aircraft and that was part of his reason for moving to the community. He noted that statement he was required to sign prior to moving in acknowledging his knowledge of the airport proximity and flight patterns. He indicated that he has circulated petitions in support of this runway and has received 100~ support in his neighborhood. He also noted that the residents like the air activity and like to see the gliders and parachutists. Mayor Washburn commented that it was good to hear that the homeowners were aware of the statement regarding aircraft. Mr. Beckner stressed that he moved in for that reason. Mayor Washburn noted receipt of the petitions. Curly Annis, 33445 Skylark, advised that he is the Operations Director for the airport and noted the interest in pursuing additional activities. Annie Johnson, 37 Silver Saddle Lane, Rolling Hills, advised that she has gone door to door in the Serenity Tract and another tract and has heard nothing but positive reqarding this request. She noted that many of the residents indicated that they enjoy watching the parachutists and gliders. George Sedillo, 37 Silver Saddle Lane, Rolling Hills, expressed appreciation to the Council for hearing their requests He expressed his interest in holding events and exposing people to aviation. Mayor Washburn clarified that a study session, but placed on public has been informed. this had been heard briefly at this agenda to ensure that the Councilwoman Cherveny thanked Tony Brogdon for his efforts to notify the residents and noted that there were approximately 110 signatures of residents in support of the runway. She detailed the conditions proposed in the staff report and requested revisions (highlighted) as follow: 1. Skydive California notify the Serenity Development 6 Jean Hayman School prior to resuming sky diving or gliding at Skylark Airport. Skylark Airport/Skydive California, provide the City of Lake Elsinore with a copy of their insurance, in the amoun~ of $1 million, showing the City of Lake Elsinore, as additionally insured. Skylark Airport/Skydive California, secure a Letter of PAGE FOIIRTEEN - CITY COIINCIL MINIITE$'- NOVEMBER 9~ 1993" Approval from the Department of Transportatiorro Division of Aeronautics to use runway 1/19 as an active runway for sky diving and glidinge 4. Skylark Airport/Skydive California secure written approval from the Sheriff°s Department to use runway 1/19. 5. In the event khe ~ates aqain risea, to close 3/19, the osiginal conditions would remain on runway 3/2t aad ottly Mr. Perkins, Bkylark Aviation, would be allowed to land and ~ake off. 6. Runway use is limited fo a Cessna-182 and a Polish Wilga aircraft aperated bg skydive californiaa No other aircraft is authosized to use the sunwap, pursuant to the Departmen~ of Transportation Y.etter dated October 22, 1993. 7. Require that the airport provide a boat for parachutists that miqht come down in the watea in the back basin, as a sagety measure. Councilman Alongi noted previously discussed concerns with the ability to turn and clarified that although the residents of Serenity were advised of the airport, the runway went in a different direction at that time. Mayor Pro Tem Dominguez indicated that Jean Hayman is addressed by Caltrans. He commented that he heard nothing but positive comments about the Autumnfest. He indicated that this appears to be something f.he community appreciates. Mayor Washburn inquired whether there would be any problem with the proposed revisions to the conditionso Tony Broqdon, Manager of Skylark Airport, advised that Jean Fiayman School has been notified. Ae further advised that the condition concerning the return of high waters was appropriate. He indicated that with regard to the emergency equipment for parachutists downed in the water, there is no legal way to put a boat in that water. He further indicated ~hat he would hate ~o see ~his placed as a requirement when there is no legal way to do it. CounciYwoman Cherveny xequested clarification that this would be illegal. Mr. Brogdon.indicated that his understanding is tha~ it would not be legal to do so. City Attorney Harper commented that it would most likely not be allowed, but offered to investigate. Mr. Brogdon indicated that it was his responsibility to designate wha~ is safe, under his permits with Caltrans. Councilwoman Cherveny questioned the let~er of October 22, 1993a ~rom Caltrans limitinq ~he aircraft which will be allowed. Mr, Brogdon indicated that condition was for the Autumnfest, particularly the Polish Wilga. He indicated that his request to Caltrans-was that he be allowed to determine what is safe. He explained that the Twin Otfier takes off shorter and turns better than the Cessna. He stressed that PAGE FIFTEEN - CITY COIINCIL MINDTES - NOVEMBER 9~ 1993 the letter of October 22, 1993, was in reference to the Autumnfest, based on a call to Caltrans prior to the event. Councilwoman Cherveny requested that the City receive a copy of the new lettero Mayor Washburn suggested issuance of a new letter naming the appropriate aircraft. Mr. Brogdon indicated that he would have that clarified. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE REQUEST UPON RECEIPT OF THE LETTER FROM CALTRANS AND SUBJECT TO THE CONDITIONS PREVIOUSLY DISCUSSED. Councilwoman Cherveny stressed the necessity of providing an insurance certificate to the City. 35. Draft Amended Cardroom Ordinance No. 969. (F:34.1) City Attorney Harper e~cplained that the City has been approached by several interested parties for the ability to license additional card rooms within the City of Lake Elsinore. He further e~cplained that some years ago, prior Councils amended the Ordinance to eliminate that possibility. He clarified that under the current Ordinance there is only one license allowed, and if it goes out of business then there will be no card rooms allowed. Mr. Harper stated that the Ordinance was redrafted to give the Council the ability to approve additional card rooms if they meet the criteria set by the Council, such as financial feasibility and the design of the project. He explained that this provides an option to the Council. City Manager Molendyk e~lained that the City has two potential applicants that would like to introduce their concepts to the Council and show why they feel that Council might want to modify the existing Ordinance. He suggested at the request of Diamond Resorts and Lake Elsinore Hot Springs that the Council receive presentations regarding their proposalso Mayor Washburn called on those persons requesting to speak as follows: Greg Block, 320 Oakbranch Drive, Encinitas, representing ERC Group, Diamond Resort, explained that in the packaqe presented to Council there are financial projections, economic design details and the proposed plan, which is designed for a family oriented designation resort. He explained that at complete buildout it will be a$20,000,000 project which would provide 300 jobs and generate approximately $750,000 in tax revenue annually for the City once the project is in full operation. Mayor Washburn clarified that what Council is addressing tonight is not the project, but rather changes to the Card Room Ordinance. Kim Quan, Studio Seven Architect and Planning, Fullerton, representing Diamond Resort explained that the project is PAGE SYZTEEI~Y - CITY COIINCIY, MYNQTES - NOVEMBER 9y 1993 boundecl on the west by Camino Del Norte, on the east and south by Diamond Way (Elsinore Ridge Road). Yt is a 26 acre site which is proposed to be developed in two phases. The first phase would be the resort and conference center and the second phase would be the hotel project. 34r. Quan gave an overviecs of the proposed building plans which utilize the architectural style and theme of the baseball stadium, Allan Baldwin, 16496 I,ash, commented that he is in favor of the amendment of the Ordinancee He explained the pxoposed Lake Elsinore Hot Spxings Resort and the assets it will lend to the downtown area, as well as encouragement to proceed with the redevelopment and revitalization. Mr. Baldwin stated that it would create new jobs and increase tourism to the downtown area. He ask that Council consider the amendmen~ to the Ordinance in order to encouraqe new development. Jun Park, Architect for the Lake Elsinore Hot Sprinqs Resort, explained the main purpose of the resort is to utilize the indoor and outdoor activities available to tfie public. He explained that the resort would offer hot mineral soaks and mud baths, as well as family oriented water sports. Mayor 6Tashburn explained that Council is looking at a modification of the existing Ordinance, which would also include an increase in gees and a change in the liquor regulationse City Attorney Harper explained that the rest of the changes are to clean up the language of the Ordinance and to change the section that addresses £he requirement ffor a U.S. Citizenship to hold a license, which is no longer pertinent. Mayor Washburn questioned the section that states that "More than one permit may not be held by a single person.", and as-ced if this should state corporation. City Attorney Harper stated that it "person" is defined to cover that issue. %Iayor Washburn questionecl tlae impact of the new fee structure on the owners of the existing casino and asked if there might be some ~ype of provision macie to allow ~hem to work into the level of fees that the new Ordinance requires. He explained ~hat the City eaorked with ~he past owner to help acquire the new owners for the casino and he felt that it would not be fair to hit the new owners with the fees immediately after ~hey acguired ~he Casino and suggested it be phased in. Ci~y At~orney Harper explained that he felt that it would be approximately two years before any otrier project would be ora line, and therefore a phasing in of the fee will not have a nega~ive impact on the other potential resorts. Iie explained that this is a draft Ordinance and can be changed to adjust to tfie Council's desires. Councilman Alongi commented tha~ his concern is in protecting the present operator of the Casino, as they are spending a tremendous amount of money to upgrade the Casino and i~ would not be right to impose the new fees. He explained that he feels that the new fees should start when their project i~ complete. PAGE BEVENTEEN - CITY COIINCIL MIN[TTES - NOVEMgER 9, 1993 Councilman Dominguez commented that,;,,there are ~'different scenarios that can be used to approach the Casino and an extension of five years could be awarded to compensate him for the amount of money and time spe~t to upgxader the current faeility. City Attorney Harper asked for clarification and inquired whether the new fee structure should not be imposed until the Casino is complete, and indicated that the other question is whether more casinos should be allowed. He explained that fees for the Casino have been discussed several times in the Management, this w 11 cr ate a~ new m kethandtfees~shouldabe appropriate. Councilman Alongi explained that right now the new owners do not have to do the improvements that they are doing and he wished to encourage this action, not discourage it. He indicated he would like to see the improvements continuing on this site and not burden them with increased fees until such time as the Casino has finished its improvements. Councilwoman Cherveny suggested that the City Attorney have a conversation with the current manager of the Casino. City Attorney Harper stated that there was an alternative, being if the Council was in general agreement with the Ordinance, excluding the fees, they could adopt the Ordinance to give the City the ability to approve other potential licenses. He indicated that this would give the other developers a signal as to what the City will do. Councilwoman Cherveny asked what the basis was for not serving liquor at~the gaminq tables. City Attorney Harper explained that the no drinking~~ provision was common to cities with small operations in the past. Councilwoman Cherveny then asked if it was acceptable for drinking at, card tables now, City Attorney Harper stated ~hat as a general rule it was. She asked if it was common for fees to be collected on a quarterly basis. City Attorney Harper stated that it was. Councilwoman Cherveny then asked if the card room was going to maintain its table count at 30 tables. She stated that she did not have a problem with the Ordinance, and the only concern she had was with the liquor, but it should be consistent with other card rooms. Larry Regis, Lake Elsinore Resort and Casino, 20903 Malaga Road, explained that his firm has not had an opportunity to review the Ordinance and asked that they be given a chance to study the material prior to the Council taking action. MOVED BY CHERVENY, SECONDED BY ALONGI, TO CONTINUE THE DRAFT AMENDED CARDROOM ORDINANCE NO. 969 FOR TWO WEEKS FOR FURTHER CONSIDERATION AND CHANGES TO BE REVIEWED BY THE CITY ATTORNEY. Councilman Alongi explained that he does not have a problem with the Ordinance or fees, but he stated that he feels that Mr. Regis should be given an opportunity to review the Ordinance and consideration should be given for the effort that is being expended to improve an existing business. PAGE SIGHTEEN - CITY COIINCIL MINOTESI- NOVEMSER 9~,'1943 John Giardinelli inquired why there could not be a first reading of the Ordinance at this meeting, and if there are changes to the Ordinance, then it could return for another first reading. But, if there are no changes to the Ordinance then it will return for a second reading. He suggested that this would allow all interested parties to go forward with their plans. Councilman Alongi explained that he felt that two weeks was not going to make any difference to the potentiaL applicants and that it is a courtesy that should be extended to the existinq card room owner to give him the opportunity to review the Ordinance. Mayor Washburn then called for the vote. THE FOREGOING MOTION FAILED BY A 2-2 VOTE WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES. Mayor Washburn stated that he felt that it should be at the discretion of the City Attorney and explained that i£ there are_ changes grom further review then it will return for another first readinge MOVED BY DOMINGUEZ, SECONDED BY WASHBURN, TO APPROVE THE DRAFT AMENDED CARDROOM ORDINANCE EXCLUDING 5.28.060. Councilwoman Cherveny asked for clarification as to whether all of the amendments listed in the Ordinance except fees will stand. Mayor Washburn indicated they would. ORDINANCE 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5.28 OF THE MUNICIPAL CODE REGARDING CARD ROOMS AND PROVIDING FOR RULES AND REGULATIONS CONCERNING EXISTING LICENSES. AYESs COUNCYLMEMBEItSs NOESS COUNCILMEMBERS: ABSENT: COUNCILMEMBERSs ABSTAIN: COUNCILMEMBERS9 DOMINGUEZ, WASHBURAI ALONGI, CHERVENH WINKLER NONE MOVED BY WASHBURN, SECONDED BY CHERVENY, AND CARRIED BY VOTE OF 3 TO 1 WITH DOMINGUEZ CASTING THE DISSENTING VOTE TO CONTYNUE THE DRAFT AMENDED CARDROOM ORDINANCE NO. 969 FOR TWO WEEKS FOR FURTAER CONSIDERATION AND CHANGES TO BE BROUGHT BACK TO COUNCIL FOR FIRST READING. 36. (F:134.10) Mayor Washburn noted that this was requested by Councilman Winkler and in his absence would recommend obtaining additional information and deferring the item for two weeks. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO CONTINUE THIS ITEM FOR TWO WEEKS. PAGE NINETEEN - CITY COIINCIL MINIITES - NOVEMBER 9~ 1993 Councilman Alongi stressed the need for more information. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PIISLIC COMMENTS - NON-AGENDI2ED ITEMS Deferred to Redevelopment Agency Meeting. CITY MANAGER COMMENT~ Deferred to Redevelopment Agency Meeting. CITY CODNCIL COMMENTS Deferred to Redevelopment Agency Meeting. CLOSED SESSION None. THE CITY COUNCIL MEETING WAS JOURNED AT 10:20 P.M. TO WEDNESDAY~ NOVEMBER 10, 1993, AT 3:00 L~M. FOR DISCUSSION OF THE OAK GROVE EQUITIES (WALMART) SITE. /~~ i . .~ GARY . WASH , MAY CIT F LAKE ELSINORE A TEST: _ ~~ ~SAD~~LERK CITY OF LAKE ELSINORE