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HomeMy WebLinkAbout12-2-7-1988 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 27, 1988 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Winkler at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Buck. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, STARKEY, WINKLER ABSENT: COUNCILMEMBERS: DOMINGUEZ, WASHBURN. Also present were: City Manager Molendyk, city Attorney Harper, Administrative Services Director Wood, community Development Director Miller, Senior Civil Engineer O'Donnell (representing Public Services Director) and Clerk of the Board Kasad. PUBLIC COMMENTS None. - CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item #8 6' MOVED BY BUCK, 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. December 13, 1988 - Regular City Council Meeting. The following Minutes were received and filed: b. December 6, 1988 - Planning Commission Meeting. 2. Received and filed Animal Control Activity Report for November, 1988. - 3. Received and filed Investment Report for November, 1988. 4. Denied Application to Present Late Claim received from Debra Kaye Cejka. 5. Rejected and referred to insurance carrier the Claim and Amended Claim submitted by B-1 Construction Corporation. 6. Approved Acquisition of Tax Default Property involved in the Lincoln Storm Drain Channel; adopted Resolution No. 88-73 confirming Council action; and authorized the City Clerk to forward a copy of said resolution to the County Treasurer with a fee of $85.00 for the lot book report. PAGE TWO - CITY COUNCIL MINUTES - DECEMBER 27, 1988 RESOLUTION NO. 88-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE OFFERING TO PURCHASE CERTAIN PROPERTY NEAR AMBERWOOD COURT (APN #379 292053-8). 7. Approved supplemental authorization for Inspection of the Grape Street Bridge with Leighton & Associates in the amount of $31,116.00 to be borne by the developers. 9. Approved Adoption of Riverside County Hazardous Waste Management Plan and Adopted Resolution No. 88-74 confirming Council action. ... RESOLUTION NO. 88-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING THE RIVERSIDE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN. 10. Authorized Mayor to sign Letter of Intent for transmittal to Friedman Homes, Inc., and Elsinore Valley Municipal Water District relating to Easement for Future Sewerline. 11. Approved and accepted off-site improvement, approved release of the faithful Performance/Labor and Material Bonds,' and accepted the 10% Maintenance Bond for one year for Commercial Project 85-2 - Palmer Development Company. 12. Approved acceptance of the Faithful Performance/Labor & Material Bonds for Off-site Improvements relating to Commercial Project 87-13 - K-Mart. 13. Accepted a Ten Foot Slope Easement for Single Family Residence at 16450 Bailey Street from Robert V. McCoy. 14. Accepted Quitclaim Deed for Water Rights in Commercial Project 87-3 from Everett L. Manfredi & Don Summers. 15. Approved Quitclaim Deed to Railroad Canyon Investors for a portion of Casino Drive recently vacated. ... 16. Approved public hearing date of January 10, 1989 for the following: a. Tentative Parcel Map 22385 ~ Dura Construction. A request to subdivide a ten acre parcel into four parcels ranging in size from 1.4 to 4.5 acres. The site is located south of Collier Avenue between Third and Crane Streets. . ITEM PULLED FROM CONSENT CALENDAR 8. Award of Contract for the Machado Street Widening Project to Vance Corporation in the amount of $41,040.00. Mayor Winkler advised that he would be abstaining from vote on this matter as the Vance Corporation is one of his clients. He inquired of the City Attorney whether this item could be ... considered since only three Councilmembers were in attendance and he would not be voting. City Attorney Harper advised that there would need to be a majority vote of the quorum present, for which two votes would be adequate for approval. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 2 TO 0 WITH WINKLER ABSTAINING TO AWARD THE CONTRACT FOR THE MACHADO STREET WIDENING PROJECT TO VANCE CORPORATION IN THE AMOUNT OF $41,040.00 PAGE THREE - CITY COUNCIL MINUTES - DECEMBER 27, 1988 PUBLIC HEARINGS 31. General Plan Amendment 88-6 ~ Zone Chanqe 88-10 = Pacific Scene. A request to change the General Plan Land Use Designation from Very Low Density Residential and Floodplain to Low Density Residential, on a portion of the site and change the zoning from County R-R (Rural Residential) to City R-R (Rural Residential) and R-l (Single-Family Residential) on 44.34 acres proposed for annexation located approximately 2,550 feet west of Robb Road between Mountain Street and Running Deer Road (Resolution No. 88-75, and Ordinance No. 848). Community Development Director Miller highlighted the proposal and explained the preliminary requirements for the related annexation. The city Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:05 p.m. asking those in favor of General Plan Amendment 88-6 and Zone Change 88-10 to speak. The following person spoke: r-- Jay Summers, Division Manager for Pacific Scene, advised that their proposed tract had already been approved by the County, however they felt that the development would be of more benefit to the City due to the fees that will be collected. He . requested Council's support of their request. Mayor Winkler asked those in opposition to the request to speak. The following persons spoke: Robin Cartier, representing ERM Ready Mix Concrete, 16960 Lakeshore Drive, advised that while they are not opposed to the requested annexation, they are opposed to the zone change. He further advised that this area has been designated a natural resource area by the State of California, and should be completely mined prior to development. He requested that this item be continued to allow for further study. L~rry Cartier, also representing ERM, further commented on the limited natural resources in the area and the future need to bring these materials in from San Bernardino sources. He recommended that the Council hold a Study Session to review the mineral resources in this area. Kevin Hogan, 358 Avenue 6, commented on the amount of development currently occurring in the City and suggested that Council provide for the existing residents before bringing more in. He expressed concern with annexing more property before adequate streets, drainage and schools are provided. - Jay Summers, Pacific Scene, responded to the concerns of the Cartier's and Mr. Hogan. He advised that the areas they have proposed for development, are not in conflict with the protected mineral resource areas. He further advised that they have tried to work with the Cartier's to resolve the perceived problems, however the Cartier's do not seem prepared to work with them. He commented on their willingness to join the proposed Assessment District for the West End of the City and the sewer, water and fire services that it would provide; and the school impact fees which would be required of them. Robin cartier expressed concern that the diagrams/maps being provided by Pacific Scene are not detailed enough to reassure protection of the resources. He advised that the majority of Rice Canyon should be protected as their are mineral resources PAGE FOUR - CITY COUNCIL MINUTES - DECEMBER 27, 1988 existing that have not been set aside by the State, and again requested further study by the Council. Kevin Hogan reiterated his concerns with over development and the need to provide for existing residents. Mayor Winkler closed the public hearing at 7:27 p.m. Community Development Director Miller advised that the State nas designa~ea minerai areas ana requ1red protect1on of these ~ areas in the General Plan. He confirmed that there is an alluvial fan in the area, however it is lower in the canyon than the map shows. He also confirmed that Rice Canyon and McVicker Canyon and other areas in the City are potential resource areas. He advised that even with these circumstances the zoning appears to be consistent with the State protected areas. Mayor Winkler expressed concern with making any decisions with two Councilmembers absent. Mr. Summers and the Cartier's concurred with continuance of this item until the full Council is present. Community Development Director Miller explained that staff had attempted to consider this item as part of this year's General Plan, however, now that the hearing has been opened it could be continued. Councilman Buck requested that staff contact the State for updated mineral resource information. Councilman Starkey suggested that this item be held for input from other Councilmembers. City Attorney Harper recommended that the hearing be reopened __ and continued to the next regular City Council Meeting. Mayor Winkler reopened the public hearing at 8:33 p.m. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE PUBLIC HEARING TO JANUARY 10, 1989. PRESENTATIONS/CEREMONIALS A. Recognition of Retirement - Carl Jones. Mayor Winkler thank~d Carl Jones for his 34 years of service to the City of Lake Elsinore and read a Proclamation honoring him for that service. The Mayor presented Carl with the Proclamation, a City Tile Plaque and a City Pin. Carl commented on his upcoming retirement and his enjoyment of the past 34 years of employment with the city. PUBLIC HEARINGS (CONT.) 32. General Plan Amendment 88-9 ~ Zone Chanqe 88-13 = Dura Construction. ~ A request to change the General Plan Land Use Designation from Floodway Fringe and Limited Industrial to Commercial __ Manufacturing and Limited Industrial and to change the zoning on a portion of the site from M-l (Limited ManUfacturing) to Commercial Manufacturing on 10.0 acres located south of Collier Avenue between Third Street and Crane Street (Resolution No. 88-75, and Ordinance No. 849). Community Development Director Miller highlighted this request. PAGE FIVE - CITY COUNCIL MEETING - DECEMBER 27, 1988 The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:38 p.m. asking those in favor of this item to speak. The following persons spoke: Dennis Spar, 21351 Walnut, representing the applicant, advised that this item was in preparation for a tentative parcel map which will be presented in January. He offered to answer any questions from Council. Fred Crowe, Butterfield Engineering, advised that they have been working with the applicant to mitigate flooding concerns, and he feels this project will now be an asset to the City. Mayor Winkler asked those in opposition to speak. The following person spoke: Kevin Hogan, 358 Avenue 6, expressed concern with the cost of the needed improvements and who would be paying for them. He commented that in his opinion the Community is not in support of continued development. Mayor Winkler closed the public hearing at 7:43 p.m. Councilman Buck commented on the concerns expressed by Mr. Hogan, and advised that he feels this type of development is providing jobs for local residents, as well as the needed . improvements. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT NEGATIVE DECLARATION 88-40, ADOPT FINDINGS LISTED BELOW: FINDINGS 1. No significant adverse environmental impacts are anticipated, since as discussed in the Staff Report and the Initial Environmental Assessment any impact associated with the development can be mitigated with the construction of the development and the Third Street Channel. 2. The proposed changes are consistent with the intent of the Commercial-Manufacturing and Limited Industrial classifications and consistent with other elements of the General Plan. 3. The proposed changes represent a logical extension of the existing land use and zoning designations on the surrounding properties. 4. The proposed changes will not be detrimental to the health, safety, comfort, or general welfare of persons residing or working in the neighborhood, nor injurious to property or improvements. ..... ADOPT RESOLUTION NO. 88-75 AS IT PERTAINS TO IMPLEMENTING GENERAL PLAN AMENDMENT 88-9 AND ADOPT ORDINANCE NO. 849 IMPLEMENTING ZONE CHANGE 88-13. ORDINANCE NO. 849 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 3.3 ACRES LOCATED SOUTH OF COLLIER AVENUE BETWEEN THIRD AND CRANE STREETS FROM M-1 (LIMITED MANUFACTURING) TO PAGE SIX - CITY COUNCIL MINUTES - DECEMBER 27, 1988 C-M (COMMERCIAL MANUFACTURING) ZONING DISTRICT (ZONE CHANGE 88-13 - DURA CONSTRUCTION). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ~D':> .c.!~ .L . ~VU!~~..l.J..JJ"!~!Y!.o~rt.:> . UU~i~~U~~, WA.:>ri~u~i ..... ABSTAIN: COUNCILMEMBERS: NONE 33. General Plan Amendment 88-10 ~ Zone Chanqe 88-14 - A ~ A Investment. A request to amend the General Plan Land Use Designation from Low Density Residential to High Density Residential and Rezone from R-2 (Medium Density Residential) to R-3 (High Density Residential) 0.19 acres located at the northwest corner of Sumner Avenue and Langstaff Street (Resolution No. 88-75, and Ordinance No. 850). Community Development Director Miller introduced this item and advised that is consistent with the development in the area. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:46 p.m., asking those in favor of this item to speak: Iria Holga, owner of property on N. Langstaff, commented on other apartment buildings in the area and expressed concern with their upkeep and the crime that appears to be occurring in the area. She also commented on the poor condition of streets and ..... sidewalks in this area, and the high sewer rates being assessed. She requested that Council work toward improvement of the area. Alan Manee, representing A & A Investments, advised that this is proposed for three two-bedroom units, with parking to exceed City requirements. He further advised that the existing streets in the area are planned to be improved. He commented that the problems addressed by Ms. Holga tend to be those of poor management rather than poor development. Mayor Winkler asked those in opposition to speak. The following person spoke: Kevin Hogan, 358 Avenue 6, reiterated his concerns of the last two items. He also expressed concern that the surrounding residents had not been notified. Mayor Winkler closed the public hearing at 7:57 p.m. Councilman Starkey expressed concern with the problems addressed by Ms. Holga and suggested that the city consider imposition of higher standards. City Manager Molendyk advised that the matter bef~re Council now is a zone change and general plan amendment, not the development itself. Community Development Director Miller advised that the property of concern to Ms. Holga is ..... already under zoning enforcement action. Councilman Buck commented on infill development and the difficulties of funding improvements in large areas through small developments. PAGE SEVEN - CITY COUNCIL MINUTES - DECEMBER 27, 1988 MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT NEGATIVE DECLARATION 88-42, ADOPT FINDINGS LISTED BELOW: FINDINGS 1. The proposed General Plan Amendment and Zone Change would allow a land use more in character with the subject property's location, access and constraints. 2. The proposed change will not result in any significant adverse impact on the environment. 3. Granting of the requested designation will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 4. 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. ADOPT RESOLUTION NO. 88-75 AS IT PERTAINS TO IMPLEMENTING GENERAL PLAN AMENDMENT 88-10 AND ADOPT ORDINANCE NO. 850 IMPLEMENTING ZONE CHANGE 88-14. ORDINANCE NO. 850 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 0.19 ACRES LOCATED ON THE NORTHWEST CORNER OF SUMNER AVENUE AND LANGSTAFF STREET FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) ZONING DISTRICT (ZONE CHANGE 88-14 - A & A INVESTMENTS). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DOMINGUEZ, WASHBURN ABSTAIN: COUNCILMEMBERS: NONE 34. vestinq Tentative Tract Ma? 24010 = Pacific Scene. A request to subdivide two (2) parcels into 117 lots (115 residential lots) on 44.34 acres located approximately 2,550 feet west of Robb Road between Mountain Street and Running Deer Road. Community Development Director Miller recommended continuance of this item to January 24, 1989. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO JANUARY 24, 1989. ~ BUSINESS/DISCUSSION ITEMS 51. Annexation No. 45 = Pacific Scene. A request to annex an uninhabited 44.34 acres unincorporated property located approximately 2,550 feet west of Robb Road between Mountain Street and Running Deer Road. Resolution No. 88-76. PAGE EIGHT - CITY COUNCIL MINUTES - DECEMBER 27, 1988 Community Development Director Miller introduced the proposed annexation and detailed the location. Jay Summers, representing the applicant, requested in light of the continuance of their General Plan Amendment and Zone Change that this item also be continued to the next meeting. He also commented, for clarification, that the area of concern to the Cartier's was strictly used for their haul road. lV1UVJ1iU .I:a .cU(.;K, b.t;(.;UNLJ.t;LJ .I:n: b'!'ARKEY AND CARRJ..t;LJ .t:SY UNANiMOUS VO'rE UF ....J THOSE PRESENT TO CONTINUE THIS MATTER TO JANUARY 10, 1989. BUSINESS ITEMS 52. Appointment to the Western County Policy Advisory Committee established by the Riverside County Transportation Commission. City Manager Molendyk advised that this request was received last" week and the sooner the cities' appointments are made the sooner they can begin work. Mayor Winkler volunteered to serve as the City's Representative and Councilman Buck volunteered to serve as the City's Alternate to this ~ommittee. CITY MANAGER COMMENTS City Manager Molendyk commented on the temporary closure of Railroad Canyon Road this morning due to ice and thanked the City and County ,crews for their cooperation in spreading sand to alleviate the problems. CITY COUNCIL COMMENTS Councilman Starkey reminded the Community of the upcoming New Year's __ Eve Party being presented by the Chamber of Commerce to be held at the Community Center from 8 p.m. to 1 a.m. Councilman Buck expressed concern with street improvement work being done on Mission Trail. He suggested that in the future this type of work be avoided during the busy holiday season. Mayor Winkler thanked staff for its work toward the betterment of the City in 1988. ADJOURNMENT MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:14 P.M. ,-."'''\ ~/~I; -w JIM WINKLER, ~YOR CITY OF LAKE ELSINORE (\\T~':ST~ . ~~...... ~CLERK CITY OF~~~SINORE ....