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Home My WebLink About02-10-1987 City Council Minutes 233 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 10, 1987 --***************************************************************************** I"- Ln C\J W CD <t - - CALL TO ORDER The regular meeting of the City Council was called to order by Mayor Strigotte at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Gilbert, City Attorney Harper, Community Services Director Miller, Administrative Services Director Barrick, Public Services Director Kirchner and City Clerk Oliver. PUBLIC COMMENTS 1. Stephen Reeder, 35975 Date Palm Drive, Cathedral City, representing Pacific Investment and Land Corporation and Mr. and Mrs. Harold Kempe, requested Council add an item to tonight's agenda. He gave reasons for his request, stating it is of an emergency nature and involved extension of approval of an 80-unit apartment complex located at 15177 Lincoln Street. The City Attorney stated that, under the new Brown Act, the City Council can consider items which do not appear on the agenda, only if a finding is made, by a four-fifths vote, that an emergency situation exists which prevented an issue from appearing on the agenda. Council would need to make that finding prior to placing the item on the agenda. MOVED BY VERMILLION, SECONDED BY DOMINGUEZ AND CARRIED TO ALLOW COUNCIL TO CONSIDER THE REQUEST OF STEPHEN REEDER. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER NOES: COUNCILMEMBERS: STRIGOTTE The following was added to the agenda: 57. Request for Extension of Time for 80-Unit Apartment Project at 15177 Lincoln Street. 2. Marsha Swanson, 35050 Orange Street, Wildomar, President of the Lake Elsinore Valley Board of Realtors, presented the Mayor with a placque of appreciation and thanked the City Council for their participation in the Christmas Cantree Drive. CEREMONIALS - None. ITEMS REMOVED FROM CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration: Item Nos. 7, 8 and 9. 234 Page two City Council Minutes February 10, 1987 CONSENT CALENDAR MOVED BY DOMINGUEZ, SECONDED BY VERMILLLION AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR, AS PRESENTED. 1. The following Minutes were approved: a. January 27, 1987 - Regular City Council Meeting The following Minutes were received and filed: b. January 20, 1987 - Planning Commission Meeting - 2. Received and filed Animal Control Activity Report - January, 1987. 3. Received and filed Building Activity Report - January, 1987. 4. Ratified the Warrant List for the month of January, 1987, in the total amount of Four-Hundred-Twenty-Four-Thousand-Nine-Hundred_ Thirty-Three Dollars and Seventeen Cents ($424,933.17). 5. Adopted Resolution No. 87-5 establishing bond amounts for the City Treasurer, City Clerk and Finance Director and appropriated Five- Hundred-Dollars ($500) for Treasurer's Bond. RESOLUTION NO. 87-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING AND DETERMINING A BOND FOR THE TREASURER, CLERK AND FINANCE DIRECTOR OF THE CITY OF LAKE ELSINORE. - 6. Accepted Quitclaim Deed for Water Rights from Jack Ma1ki - Commer- cial Project 86-2 - APN 363-170-008, -022, -029, and -032. 10. Adopted Resolution No. 87-6 enacting certain amendments to the 1986-87 budget for the City of Lake Elsinore. RESOLUTION NO. 87-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 1986-87. 11. Approved re-negotiation of Agreement with Lake Elsinore Recreation and Park District and authorized staff to notify the District of intent to cancel existing Agreement and initiate staff and Council Committee discussion of revised Agreement. 12. Rejected and referred Claim No. 87-3 - Carolyn Deloris Cowan. 13. Approved the date of February 24, 1987 for public hearing of: a. Zone Change 86-23 - Industrial Concepts (Art Nelson) Request to amend Section 17.54.030 of the Lake Elsinore Municipal Code adding subsection "T" to read as follows: - "T. Governmental and public utility facilities, provided they comply with standards appropriate to the use, in- cluding parking." - I"- Ln C\J W CD <( - - 235 Page three City Council Minutes February 10, 1987 ITEMS REMOVED FROM CONSENT CALENDAR 7. Establishment of regular City Council study sessions on the first and third Thursday evenings of each month at 6:30 'p.m. MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ TO SCHEDULE ADJOURNED CITY COUNCIL MEETINGS ON THE FIRST AND THIRD THURSDAY EVENINGS OF EACH MONTH, AT 6:30 P.M. AYES: COUNCILMEMBERS: VERMILLION, STRIGOTTE NOES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER MOVED BY WINKLER, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO ESTABLISH THE FIRST AND THIRD THURSDAY EVENINGS AT 6:30 P.M. FOR COUNCIL STUDY SESSIONS, AND/OR ADJOURNED CITY COUNCIL MEETINGS. 8. Classification Study and Plan - William Hamilton and Associates conducted a classification study to update and clarify job descrip- tions, duties and responsibilities of all classes of employment with the City of Lake Elsinore. MOVED BY STRIGOTTE, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO APPROVE THE CONSULTANT'S CLASSIFICATION STUDY, RECEIVE AND FILE NEW CLASSIFICATION PLAN AND AUTHORIZE THE CITY MANAGER TO REVISE SAID PLAN FROM TIME TO TIME AS MAY BE REQUIRED FOR PROPER 'PERSONNEL MANAGEMENT. 9. Acceptance of bid and award of contract for Lakepoint Park Improve- ments - Phase II - to Hubbs Equipment and Construction Company, in the total amount of Three-Hundred-Forty-Nine Thousand-Nine-Hundred- Sixty-Eight Dollars ($349,968). MOVED BY MATSON, SECONDED BY WINKLER TO ACCEPT THE BID OF HUBBS EQUIPMENT AND CONSTRUCTION COMPANY AND AUTHORIZE EXECUTION OF A CONTRACT AND AUTHORIZE THE APPROPRIATION OF ADDITIONAL AGENCY FUNDS IN THE AMOUNT OF SIXTY-EIGHT THOUSAND DOLLARS ($68,000). AYES: COUNCILMEMBERS: MATSON, WINKLER NOES: COUNCILMEMBERS: DOMINGUEZ, VERMILLION, STRIGOTTE MOTION FAILED. NO ACTION TAKEN. PUBLIC HEARINGS 31. Zone Chanqe 86-19 - DAvid J. Huarte - To change the zoning designa- tion from C-P (Commercial Park) to C-2 (General Commercial) on 21.56 acres located on the south side of Lakeshore Drive, approxi- mately 150 feet northwesterly of Fraser Drive. Mayor Strigotte opened the public hearing at 7:34 p.m. asking staff to identify the project and give staff recommendations. Mr. Miller reported that the C-P zoning designation is intended to implement the Tourist Commercial General Plan designation and is more limited than the C-2 designation. The change to C-2 is in confor- mance with the General Commercial General Plan designation which applies to this property. Staff recommends Council adopt the fin- dings listed below, adopt Negative Declaration 86-61, approve Zone Change 86-19 and approve first reading of Ordinance No. 786 imple- menting this zone change. 236 Page four City Council Minutes February 10, 1987 PUBLIC HEARINGS - Continued. 31. Zone Change 86-19 - Continued. FINDINGS; 1. The proposed project is not anticipated to have a significant adverse impact on the environment. 2. The present zoning of C-P (Commercial Park) is not consistent with the General Plan designation of General Commercial. .... 3. The proposed Zone Change from C-P (Commercial Park) to C-2 (General Commercial) is consistent with the goals and policies of the General Plan. 4. The proposed Zone Change will facilitate compatibility of land uses within the City's General Plan, and bring portions of zoning designations in compliance with state planning law. The City Clerk read a written comment received from Mr. and Mrs. Dan E. Zail Sr., 17550 Grand Avenue, Lake Elsinore, in favor of the Zone Change. Mayor Strigotte asked those in favor or in opposition to Zone Change 86-19 to speak. Hearing no one, the public hearing was closed at 7:36 p.m. MOVED BY WINKLER, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO ADOPT THE FINDINGS AND NEGATIVE DECLARATION NO. 86-61, APPROVE ZONE CHANGE 86-19 AND FIRST READING OF ORDINANCE NO. 786, ~ ORDINANCE NO. 786 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 21.56 ACRES, LOCATED BETWEEN LAKESHORE DRIVE AND WALNUT DRIVE AND APPROXIMATELY 150 FEET NORTHWESTERLY FROM THE CENTERLINE OF FRASER DRIVE, FROM C-P (COMMERCIAL PARK) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 86-19 - DAVID J. HUARTE). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE BUSINESS/DISCUSSION MATTERS 51. Ordinance No. 783 Rezoning 4.59 acres located at the northwest corner of Riverside Drive and Lincoln Street from C-P (Commercial Park) to C-2 (General Commercial) Zoning District (Zone Change 86-20 - Brookstone Investors). MOVED BY WINKLER, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 783, ~ ORDINANCE NO. 783 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 4.59 ACRES LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND LINCOLN STREET FROM C-P (COMMERCIAL PARK) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT _ (ZONE CHANGE 86-20 - BROOKS TONE INVESTORS). - f'- LD C\J W CD <X: - - 237 Page five City Council Minutes February 10, 1987 BUSINESS/DISCUSSION MATTERS - Continued. 51. Ordinance No. 783 - Continued. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER STRIGOTTE NOES: COUNCILMEMBERS: NONE 52. Ordinance No. 784 - Rezoning 1.99 acres located on the west side of Riverside Drive, approximately 300 feet south of Joy Street from C-P (Commercial Park) to C-2 (General Commercial) Zoning District (Zone Change 86-21 - Arthur H. Nelson). MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 784, ORDINANCE NO. 784 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 1.99 ACRES LOCATED ON THE WEST SIDE OF RIVER- SIDE DRIVE, APPROXIMATELY 300 FEET SOUTH OF JOY STREET FROM C-P (COMMERCIAL PARK) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT - (ZONE CHANGE 86-21 - ARTHUR H.- NELSON). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE 53. Ordinance No. 785 - Amending Section 17.23.060 of the Lake Elsi- nore Municipal Code regarding lot area in the R-1 (Single-Family Residential) Zoning District to require a transition or buffer when- adjacent property is developed at a lower density or is in a lower density zoning district. Mr. Miller reported that at the last meeting Council added Section 'D' to Ordinance No. 785, stipulating that generally, seventy-five percent (75%) of the largest adjacent lot would be considered appropriate in the implementation of this Ordinance, providing a transition in R-1 areas between larger lots and smaller lots. When property is adjacent to undeveloped property, this would not necessarily be appropriate. Therefore, staff recommends the word "developed" be added in Section D - "the largest adjacent developed lot" . MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO AMEND ORDINANCE NO. 785, TO ADD THE WORD "DEVELOPED" IN SECTION 'D'. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING"OF AMENDED ORDINANCE NO. 785, ORDINANCE NO. 785 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.23.060 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LOT AREA IN THE R-1 (SINGLE-FAMILY RESIDEN- TIAL) ZONING DISTRICT, TO REQUIRE A TRANSITION OR BUFFER WHEN ADJACENT PROPERTY IS DEVELOPED AT A LOWER DENSITY OR IS IN A LOWER DENSITY ZONING DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE 238 Page six City Council Minutes February 10, 1987 BUSINESS/DISCUSSION MATTERS - Continued. 54. Ordinance No. 787 - Extending terms of office of the Public Safety Commissioners and authorizing funding through July 1, 1987. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED TO APPROVE FIRST READING OF ORDINANCE NO. 787, ORDINANCE NO. 787 .... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 5 OF ORDINANCE NO. 720, RELATING TO THE ESTABLISHMENT OF THE PUBLIC SAFETY COMMISSION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION BUSINESS ITEMS 55. Tentative Tract Map 19358 REVISED - John C. Heers - Request for extension of time for a 174-Unit SUbdivision on forty-six (46) acres located east of Ortega Highway, south of Grand Avenue. The following persons requested they be allowed to address the Council: 1. Paul T. Salata, 15707 Rockfield Boulevard, Irvine, spoke in favor of extension of the Heers tract. Mr. Salata is a prin- ciple in the adjacent property located across the Ortega Highway, which has been approved for twelve and one-half acres of commercial plus one-hundred-eight (108) residential units. The area is in need of a massive regional storm drain, the cost of which will be shared by several developers in the area. If Tract 19358 REVISED is not built, the other developments will not be able to construct the necessary storm drain. 2. Bill Heers, 1450 East Cooley Drive, Colton, spoke in favor of this request, gave an overview of the project and emphasized the benefits it would have on the community and urged Council approve the request. .... 3. Jack Reeves, 2036 Port Provence, Newport Beach, outlined some of the more technical aspects of the project, the benefits of construction of the flood control channel, construction of a water tank which will allow adequate water storage for fire protection for existing residents in the area. Mr. Miller reported the reason for this request for extension of time is to allow for negotiation of the very extensive infra-structure requirements. All parties are in support of this request and are going forward with negotiations. Mr. Miller referred to maps and site plans for the project as well as renderings of the proposed homes. Overall density of the project would be 3.8 dwelling units per acre. Staff recommends approval of the request. .... MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FOR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 19358 REVISED, THROUGH APRIL 9, 1988. - I"- Lf) C\J W CD <t - - 239 Page seven City Council Minutes February 10, 1987 BUSINESS ITEMS - Continued. 56. Commercial proiects 85-14 and 85-15 - Hill Masonry - Request for extension of time for two commercial projects at the southeast and southwest corners of Campbell and Kuhns Streets. ". Mr. Miller reported this project was initially approved by Council on February 11, 1986. Since that time, certain standards have changed, due to adoption of the new zoning ordinance. Also, sig- nificant master planning has been undertaken for the lake bottom area. A major arterial route is indicated for the extension of Railroad Canyon Avenue which would be extended across the lake. A change in the Circulation Element of the General Plan is scheduled for the first General Plan Amendment to change the desig- nation of the existing Kuhns Street to a major arterial street with a 110 foot right-of-way. This change would require an addi- tional twenty feet (20') of dedication from each property, on both sides of the street. Staff recommends Council adopt the findings listed below and deny the request for an extension of time for Commercial Projects 85-14 and 85-15. Findinqs: 1. The proposed projects do not comply with the setback require- ments of the current Zoning Code. 2. The proposed projects do not provide for dedication of addi- tional right-of-way for expansion of Kuhns Street (Railroad Canyon Road South) to a major arterial street. Phillip Esbensen, architect for the project, addressed Council and explained the reason for the delay was the time required to extend the sewer. He urged Council grant the extension. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED TO ADOPT THE FINDINGS AND DENY REQUEST FOR EXTENSION OF TIME FOR COMMERCIAL PROJECTS 85-14 AND 85-15. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER 57. Request for Extension of Time for 80-Unit Apartment Project at 15177 Lincoln street. Council and staff discussed the difficulty in trying to make a decision without the necessary background information to base it on. Stephen Reeder, representing the applicant, explained the uating circumstances surrounding this request. He stated time element is critical due to the lenders requirements. urged Council approve this request. exten- the He MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO CONTINUE THE REQUEST FOR EXTENSION OF TIME FOR 80-UNIT APART- MENT PROJECT AT 15177 LINCOLN STREET, TO FEBRUARY 24, 1987. CITY MANAGER MATTERS 1. Mr. Molendyk commented on the brush fire which occurred on Saturday and complimented the local agencies, both City and County, for their cooperative efforts. 240 Page eight City Council Minutes February 10, 1987 CITY COUNCIL MATTERS 1. Council concurred to schedule a study session with the Chamber of Commerce on Wednesday, February 18, 1987 at 6:30 p.m. CLOSED SESSION MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED UNANI~OUSLY TO ADJOU: TO CLOSED SESSION AT 8:12 P.M., TO DISCUSS LEGAL MATTERS. __ COUNCIL RECONVENED AT 8:24 P.M. WITH NO ACTION TO REPORT. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 8:25 P.M. ~~ /" ON J STRIG E, MAYOR CITY F LAKE ELSINORE ATTEST: - .-