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HomeMy WebLinkAbout08-09-1988 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST '9, 1988 - ****************************************************************** CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Winkler at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, city Attorney Harper, Acting Administrative Services Director Wanner, Community Development Director Miller, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS - A. Kevin M. Hogan, 358 Avenue 6, commented on previously discussed damage to his property caused by School District construction. He further commented on his opinion that the City should be able to retain control of the construction based on Title 17. - B. Charles Cook, 359 Avenue 6, further commented on the property damage being caused by the School District's construction. C. Debbi Hogan, 358 Avenue 6, concurred with the comments of Mr. Hogan and Mr. Cook and requested City Council assistance in the resolution of this problem. D. George G. Alongi, 150 E. Lakeshore Drive, commented on his recent request to be listed on the Council Agenda to discuss his concerns with Quitclaim Deeds for Water Rights, Lighting & Landscaping District Agreement and the Dedication of Private Property to receive Building Permits. He requested that these matters be listed on the agenda for consideration prior to legal action he will be pursuing. city Attorney Harper advised that he has responded to Mr. Hogan in writing, summarizing his comments from the last Council meeting. He reiterated that the School District is a separate entity and the city's limitation that we may tell them where a school can be located, but not how to build it. He suggested that Mr. Hogan further pursue this matter with the School District. City Manager Molendyk advised that the city's Engineering Department has reviewed Mr. Hogan's concerns and the City has contacted Mr. McCartney from the School District. Mr. McCartney advised that they are aware of the concerns and are working with the developer for follow-up. PAGE TWO - CITY COUNCIL MINUTES - AUGUST 9, 1988 CEREMONIALS/PRESENTATIONS Mayor Winkler commented on the recent Leukemia Society luncheon and the proceeds of the event. He thanked the Black Sea Cafe, the participating waiters and other participants for their time and efforts. He also commented that the pie scheduled for Community Development Director Miller at tonight's meeting had been postponed to the end of the next City Council meeting. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further consideration and discussion: ... Item Nos. 11 & 12. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. July 26, 1988 - Regular City Council Meeting. The fOllowing Minutes were received and filed: b. July 19, 1988 - Planning Commission Meeting. 2. Received and filed Animal Control Activity Report for July, 1988. 3. Received and filed Building Activity Report for July, 1988. 4. Receiv~d and filed Structure Abatement Activity Report for July, 1988. 5. Ratified Warrant List for July, 1988. ... 6. Approved Request for permission to Serve Alcohol for the Mayors' & Councilmembers' Conference to be held August 11, 1988 at City Park. 7. Approved Funding Augmentation Agreement for the Geothermal Development Project and Adopted Resolution No. 88-48. RESOLUTION NO. 88-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING THE AGREEMENT FOR FUNDING UNDER THE CALIFORNIA ENERGY COMMISSION'S GEOTHERMAL GRANT AND LOAN PROGRAM. 8. Approved Agreement for Thorough-Fare Fee Program with LSA Associates. 9. Immediate Passing of Ordinances regarding Cable Television and Future Franchise Requirements for Cable Television. Franchise Extension for King Videocable Co. Resolution No. 88-42 setting Public Hearing. RESOLUTION NO. 88-42 A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING RELATING TO CABLE TELEVISION SERVICE IN THE CITY OF LAKE ELSINORE. ... 10. Assessment District 87-2 - Shoppers Square. Resolution Nos. 88-43 through 88-47. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 9, 1988 RESOLUTION NO. 88-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACCEPTING PETITION AND MAKING PRELIMINARY FINDINGS THEREON. RESOLUTION NO. 88-44 ..... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING DESIGNATIONS AND APPOINTMENTS TO FULFILL RESPONSIBILITIES AND PERFORM DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS. RESOLUTION NO. 88-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SHOWING THE PROPOSED BOUNDARIES OF THE AREA TO BE ASSESSED FOR CERTAIN PUBLIC IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT. RESOLUTION NO. 88-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION AND ACQUISITION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF. 1913; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF IMPROVEMENT BONDS. ..... RESOLUTION NO. 88-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PASSING ON AND GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ENGINEER OF WORK AND APPOINTING A TIME AND PLACE FOR PUBLIC HEARING. 13. Approved public hearing for August 23, 1988 on the following: a. Zone Chanqe 88-7 = City of Lake Elsinore. To add to the specified uses permitted in the C-l and C-2 Zoning Districts. ITEMS PULLED FROM CONSENT CALENDAR MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO o WITH WASHBURN ABSTAINING TO APPROVE ITEMS 11 AND 12. ..... 11. Approved Final Parcel Map 23037 on the South side Collier Avenue, East of Central Street; authorized City Clerk to sign map and arrange for recordation; accepted dedication of Underground Water Rights and accepted dedication of Lot A through Lot C for street purposes. 12. Approved Quitclaim Deed to Relinquish the Abutter's Rights and Access Rights Restriction on parcels 363-10-32 and 363-10-36 and authorized City Clerk to have same recorded. PUBLIC HEARINGS 31. Zone Chanqe 88-5 = Leonard ~ Davidson. A request to change the zoning from R-3 (High Density PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 9, 1988 Residential) to C-P (Commercial Park) on 0.33 acres located on the south side of Joy Street approximately 150 feet east of Riverside Drive. Ordinance No. 838. Community Development Director Miller introduced the proposed Zone Change and advised that it would bring the zoning into compliance with the General Plan for the area. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7~19 p.m. askiilg those in favor of Zone Change 88-5 to speak. The following person spoke: ... Leonard F. Davidson, 27710 Jefferson, Temecula, representing the owners, spoke in support of the proposal and requested City Council approval. Mayor Winkler asked those in opposition to speak. Hearing no one, the pUblic hearing was closed at 7:20 p.m. Councilman Washburn commented on the need to address projects such as this with the General Plan Advisory Committee. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 88-20, ADOPT THE FINDINGS LISTED BELOW: Findinqs 1. The proposed project is not anticipated to have a significant adverse impact on the environment. 2. The proposed Zone Change from R-3 to C-P is consistent with the Goals and Policies of the General Plan. ... 3. The proposed Zone Change will facilitate compatibility of land uses within the City's General Plan and bring the zoning into conformance with the General Plan as required by State Planning Law. APPROVE ZONE CHANGE 88-5 AND ADOPT ORDINANCE NO. 838. ORDINANCE NO. 838 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 0.33 ACRES LOCATED ON THE SOUTH SIDE OF JOY STREET APPROXIMATELY 150 FEET FROM RIVERSIDE DRIVE FROM R-3 (HIGH DENSITY RESIDENTIAL) TO C-P (COMMERCIAL PARK) ZONING DISTRICT (ZONE CHANGE 88-5 - LEONARD F. DAVIDSON). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ... 32. Zone Chanqe 88-6 = Leonard ~ Davidson. A request to change the zoning from R-3 (High Density Residential) to C-P (Commercial Park) on 0.34 acres located PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 9, 1988 on the east side of Illinois Street approximately 106 feet south of Lakeshore Drive. Ordinance No. 839. ---- Community Development Director Miller introduced the proposed Zone Change and advised that it would bring the zoning into compliance with the General Plan for the area. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:23 p.m. asking those in favoi o~ Zone Change 88-5 to speak. The following person spoke: Leonard F. Davidson, 27710 Jefferson, Temecula, representing the owners, spoke in support of the proposal and requested City Council approval. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:24 p.m. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 88-23, ADOPT FINDING LISTED BELOW: Findinqs 1. The proposed project is not anticipated to have a significant adverse impact on the environment. 2. The proposed Zone Change from R-3 and C-P is consistent with the Goals and Policies of the General Plan. ~ 3. The proposed Zone Change will facilitate compatibility of land uses within the City'S General Plan and bring the zoning into conformance with the General Plan as required by State Planning Law. APPROVE ZONE CHANGE 88-6 AND ADOPT ORDINANCE NO. 839. ORDINANCE NO. 839 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 0.34 ACRES LOCATED ON THE EAST SIDE OF ILLINOIS STREET APPROXIMATELY 106 FEET SOUTH OF LAKE SHORE DRIVE FROM R-3 (HIGH DENSITY RESIDENTIAL) TO C-P (COMMERCIAL PARK) ZONING DISTRICT (ZONE CHANGE 88-6 - LEONARD F. DAVIDSON). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ BUSINESS/DISCUSSION ITEMS 51. Commercial pro4ect 88-10 = winston Tire Company Inc. A request to construct a 20,800 square foot commercial building on 1.57 acres located between Casino Drive (Vista Del Lago) and Mission Trail, approximately 1,000 feet east of Railroad Canyon Road in a C-l (Neighborhood Commercial) Zone. Jacques Hunter, representing Winston Tire Company, advised PAGE SIX - CITY COUNCIL MINUTES - AUGUST 9, 1988 that they were in agreement with all conditions, and requested Council approval of their phase II development. Community Development Director Miller introduced the request and showed the renderings and elevations of the proposed buildings. Councilman Washburn expressed concern with the starkness of the wall along Mission Trail in Phase I of this development. He suggested that enhancements of some type be added, and that futur~ buildings not be allowed as close to the street. Community Development Director Miller advised that enhancements were yet to be added to the blank wall mentioned by Councilman Washburn. He showed the additional treatments proposed on this phase as well as Phase I. -- Councilman Washburn commented on the need for view corridors, so none of the existing businesses would be impacted on their view of the lake. He requested that staff consider this impact in future proposals for development. He also suggested that climbing vines be added to the wall area in addition to the proposed enhancements. Councilman Dominguez referred to Conditions 49, 50, and 51 and suggested that staff develop a formula for the pro-rata shares discussed prior to the placement of this type of Condition. Councilman Washburn concurred. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 1 WITH WASHBURN CASTING THE DISSENTING VOTE TO ADOPT NEGATIVE DECLARATION 88-19, ADOPT THE FINDINGS LISTED BELOW: Findings 1. Subject to the attached Conditions of Approval the proposed project is not expected to result in any significant environmental impact. ... 2. The project, as approved, complies with the Goals and Objectives of the General Plan and meets the minimum requirements of the Neighborhood and General Commercial Zoning District. 3. The project as submitted substantially complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the project in accordance with the Objectives of Chapter 17.82.060 and the Commercial Zoning District. AND APPROVED COMMERCIAL PROJECT 88-10 SUBJECT TO THE FOLLOWING CONDITIONS: Planninq Division Conditions 1. Design Review approval will lapse and be void unless Building Permits are issued within one (1) year. 2. Applicant shall meet all Conditions of Approval prior to the issuance of a certificate of Occupancy and release of utilities. ... 3. All Conditions of Approval shall be fully implemented PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 9, 1988 within the project design. 4. Applicant shall comply with all applicable city Codes and Ordinances. - 5. Applicant shall comply with City Noise and Grading Standards during construction phases of development. 6. Meet all State handicap requirements. 7. parking stblls shall be double-striped with fou~-incll (4") lines two-feet (2') apart. All compact parking spaces shall be clearly marked "compact cars only". 8. A final Grading and Drainage plan shall be submitted and shall be subject to the approval of the Chief Building Official and City Engineer. 9. All exterior lighting sources shall be shielded and directed on-site so as to not create glare onto neighboring property and streets, or allow illumination above the horizontal plane of the fixtures. 10. All roof mounted equipment shall be at least six-inches (6") lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 11. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director. - 12. 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 Director of Community Development. 13. No exterior roof ladders shall be permitted. 14. All exterior downspouts shall be painted to match the building, and shall be channeled under the sidewalks. 15. Prior to the 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. 16. Meet all requirements for water and sewer service of the Elsinore Valley Municipal Water District. 17. Prior to the issuance of Building Permits, applicant shall submit and receive approval of street improvement plans by the City Engineer. 18. The project shall connect to public sewer. - 19. Prior to issuance of Building Permits, applicant shall submit for a Zone Change from C-l to C-2 to bring the zoning into conformance with the General Plan. 20. A revised site plan shall be submitted at time of Building Department Plan Check that includes all the revisions indicated in Exhibit III. These changes include relocation of the transformer, connecting the block wall with the trash enclosure wall, and expansion PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 9, 1988 of the planter area median, and the transitional landscape expansion of adjacent to the walkway. 21. Provide for a 48" high black wrought iron fence for both Phase I and Phase II behind the sidewalk along Casino Drive (Vista Del Lago). A safety fencing detail shall be provided within the building plans submitted to the Building Department for plan check. 22. Prior to issuance of Building Permits, a revised final Landscape Plall shall be submitted and approved by the Community Development Director or his designee and include the following: .... a) Landscape planting and irrigation specifications. b) Provide for at least two (2) trees in the expanded planter median. c) Replace the Italian Cypress and Yuccas with approved street trees along Mission Trail. A note shall be placed on the final plans to indicate this. d) Twenty percent (20%) of all trees shall be 24" box in size or larger. e) Provide for additional screen planting along Casino Drive to soften rear building elevations. f) Provide street trees per City Standards. 23. Use alternative retaining wall system or demonstrate satisfactory landscaping with the crib wall system along the rear slope. This shall be approved by the Community Development Director. County Fire Department Conditions 24. The Fire Department is required to set a ID1n1mum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. ..... 25. Provide or show there exists a water system capable of delivering 3500 GPM for a 3 hour duration at 20 PSI residual operating pressure which must be available before any combustible material is placed on the job site. 26. A combination of on-site and off-site super fire hydrants (6"x4"x2-l/2"X2-l/2"), will be located not less than 25 feet or more than l65-feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 27. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. ..... 28. Applicant/Developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered engineer and the local water company with the following certification: "I certify that the design of PAGE TE~ - CITY COUNCiL MINUTES - AUGUST 9, 1988 43. Meet all requirements of Chapter 16.34 of the Municipal Code regarding public improvements for building and subdivisions. ~ 44. Meet all requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulations. 45. Meet all requirements of Resolution No. 77-39 regarding capital improvement fees and engineering plan check fees for other than subdivisions. 46. Meet all requirements of Resolution No. 83-19 regarding fee for traffic signal at Railroad Canyon Road and Mission Trail. 47. Post required Labor and Material Bond and Performance Bond for Public Work Improvements off-site. 48. The applicant shall cause to be recorded an irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots, subject to the approval of the Director of Community Development. In addition, CC&R's shall be approved by the City Attorney and Director of Community Development which- enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. ~ 49. contribute a pro-rata share for the design and construction of a median on Mission Trail along property frontage. 50. contribute a pro-rata share for the City Master Entryway Sign Program, share to be determined by the City Engineer. 51. contribute $5,000 deposit earmarked for the widening of San Jacinto River Bridge at Lakeshore Drive, if funded from another source within five (5) years deposit will be refunded. 52. Applicant shall stripe a Class II Bicycle Lane to Cal Trans Standards along Mission Trail for both Phase I and Phase II, to the satisfaction of the city Engineer. BUSINESS ITEMS 52. Second Readinq = Ordinance No. 837. Adding Churches as a Use Permitted in the C-M Zone subject to a Conditional Use Permit. MOVED BY WASHBURN, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 837. ORDINANCE NO. 837 ~ AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.54.030 TO ADD CHURCHES AS A USE PERMITTED SUBJECT TO A CONDITIONAL USE PERMIT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: - COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 9, 1988 ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that he needed a closed session relating to real property and acquisition of property. He suggested that it be held following the Redevelopment Agency Meet~ng. CITY COUNCIL COMMENTS Councilman Starkey advised that there would be a Chamber of Commerce Mixer on August 25, at 5:30 p.m. at the new Big 0 Tire Store. He also advised that starting this month the Chamber Chatter would be printed by Steve Crichfield of the Canyon Lake Elsinore News, and that it had been suggested that the Mayor write a monthly letter for inclusion in the publication. ..-I Councilman Dominguez requested that Council choose a date for a meeting with the Assessment District Engineer. City Manager Molendyk suggested that since it would be a short meeting, it could be considered as part of a Redevelopment Agency Meeting in September. After discussion it was decided that this meeting:_ would be held on August 30, at 4:00 p.m. prior to the Joint City Council/Planning Commission Meeti.ng at 5:00 p.m. Councilman Dominguez thanked Public Works for removing the dead trees previously mentioned and advised of additional trees for removal on Graham between Schrivner and Lowell and on Spring Street. Mayor Winkler reiterated to Mr. Hogan that the City had attempted informal discussions with the School Board for resolution of his problems, but there was really no additional action the City could take on his behalf. MAYOR WINKLER RECESSED THE CITY COUNCIL MEETING AT 7:40 P.M. -- THE CITY COUNCIL MEETING WAS RECONVENED AT 7:43 ~.M. MAYOR WINKLER ADJOURNED THE CITY COUNCIL MEETING TO CLOSED SESSION AT 7:43 P.M. THE CITY COUNCIL RECONVENED AT 8:19 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:20 P.M. ATTEST~ ~\::\\ ,.~/c C\/ I ~:t~, ~~Y CITY Of -LA E ELSINORE - CLERK --