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HomeMy WebLinkAbout05-12-1987 City Council Minutes 298 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 12, 1987 ******************************************************************** - 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 Eagle Scout Jeff Sprague. ROLL CALL PRESENT: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, STRIGOTTE ABSENT: COUNCILMEMBERS: WINKLER Also present were: City Manager Molendyk, Assistant City Manager Gilbert, Deputy City Attorney McFarland, Community Development Director Miller, Public Services Director Kirchner, Executive Assistant Rogers and City Clerk Kasad. PUBLIC COMMENTS ~ 1. Arta Valenzuela, 412 E. Hill Street, highlighted her attendance at the Military Community Base Council as a representative of the City of Lake Elsinore and the March Air Force Community Base Council CEREMONIALS/PRESENTATIONS A. Mayor Strigotte read a Proclamation honoring Jeff S~~ague for his achievement in receiving the rank of Eagle Scout in the. Boy Scouts of America Program and presented him with a City pin. B. Mayor Strigotte advised that the American Red Cross Disaster Services presentation scheduled for this evening had been postponed. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: Item Nos. la. and 6. ...., MOVED BY DOMINGUEZ, SECONDED BY MATSON AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. - ~ c.o oM w CD <( II""' - Page 2 - City Council Minutes - May 12, 1987 299 1. The following Minutes were received and filed: b. April 21, 1987 - Planning Commission Meeting 2. Received and filed Animal Control Activity Report for the month of April, 1987. Received and filed Building Activity Report for the month of April, 1987. 4. Ratified Warrant List for April, 1987, in the amount of $551,867.16. 3 . 5. Rejected and Referred Claim submitted by Sheila Ann Royal. 7. Authorized advertisement for bids on the Casino Drive Traffic Signal. 8. Awarded Adolph Korn Memorial Scholarships to Allison Hurst & Samantha Hurlburt. 9. Accepted Quitclaim Deed for Water Rights on Residential Project at 17184 Shrier for George & Marlene Joiner. Accepted Quitclaim Deed for Water Rights on Residential Project at 503 E. Hill for Ralph Greenup. 11. Approved date of May 26, 1987 for public hearing of the following: 10. a. Ordinance No. 807 Repealing existing Chapter 8.16 of the Lake Elsinore Municipal Code and adopting a new Chapter 8.16 entitled "Refuse Collection". b. Amendment 87-3 = City of Lake Elsinore To amend section 17.23.080 of the Municipal Code regarding setbacks in the R-l (Single-Family Residential) District for existing lots. c. General Plan = Land Use Policies ~ Oblectives Draft Criteria for the General Plan - Land Use Policies Objectives - Review and comment for approval and imple- mentation. 12. Approved date of June 9, 1987 for pUblic hearing of: a. Lightinq ~ Landsca?ing District Annual Levy of Assessments, for maintenance of the existing district and Annexation of additional territory, by those property owners affected hereby and any other matters contained in the Annexation Resolution. ITEMS REMOVED FROM CONSENT CALENDAR la. Councilman Matson requested a correction on Page 5 of the April 28, 1987 City Council Minutes relating to Item #31 on Tentative Tract 20139. He noted that in the first motion relating to this item it showed that he moved and seconded the motion. The City Clerk verified that this item should have shown the second by Councilman Winkler. 300 Page 3 - City Council Minutes - May 12, 1987 MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO SO AMEND THE CITY COUNCIL MINUTES OF APRIL 28, 1987. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CITY COUNCIL MINUTES OF APRIL 28, 1987, AS AMENDED. 6. Mayor Strigotte requested clarification with regard to inclusion of storm drains in the project. Public Services Director Kirchner clarified that two storm drains were included in this project, one near High Street and the other near the River. He also advised that the cost figures for the storm drains were included in the overall construction figure. --- MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE ADVERTISEMENT FOR BIDS ON LAKE SHORE DRIVE FROM COUNTRY CLUB DRIVE TO THE SAN JACINTO RIVER BRIDGE. PUBLIC HEARINGS 31. Variance 87-1 - BMW MANAGEMENT (R.J. CHRISTOFF) A request to vary from the front yard building setback of twenty feet (20') to allow a building at an average setback of sixteen and one half feet (16-1/2') from the property line. The project is located on the north side Casino Drive approx- imately one thousand feet east of Railroad Canyon Road in the Shopper's Square Shopping Center. Community Development Director Miller gave a brief overview of the request in relation to the construction of the new Sizzler Restaurant. ...- The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:10 p.m., asking those in favor of Variance 87-1 to speak. No one spoke. Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:11 p.m. There was no Council discussion. MOVED BY DOMINGUEZ, SECONDED BY MATSON AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT THE FINDINGS LISTED BELOW: Findinqs 1. The proposed project will not have any significant adverse impact on the environment. 2. The granting of the Variance will insure development of the property in accordance with the objectives of the General Plan and the purpose of the planning district in which the site is located. .... 3. There are special circumstances, applicable to the subject property due to previous City approval of the Shopper's Square project which included the Sizzler Page 4 - City Council Minutes - May 12, 1987 30t site and showed a building envelope which had a setback of less than twenty feet (20') and physically constrains the size and shape of the existing building pad. Also the Shopper's Square Project and conceptual approval of the Sizzler site was originally approved prior to the new setback requirement. 4. In granting this Variance, the reduction in the required front yard setback represents a minimum deviation from the Code necessary to enable reason- able development of the property. 5. There are other buildings in the immediate neighbor- hood, including the developments on the opposite side of Casino Drive immediately across the street with a similar setback, therefore, granting of this Variance would not constitute a special privilege. ~ AND APPROVE (.Q l. ~ W CD <:( 2. VARIANCE 87-1 SUBJECT TO THE FOLLOWING CONDITIONS: All Conditions of Commercial Project 85-2, Amendment 2 shall apply to this project, except Conditions #4f and g which shall be modified by approval of this Variance to allow a minimum fifteen-foot (15') building setback with encroachment of the entry canopy. - A Precise Landscaping and Irrigation Plan shall be submitted for review and approval to the Community Development Director, which shall include mounding in the front setback; and upgraded landscaping along the rear of the building; as well as compliance with Condition #5 of Commercial Project 85-2, Amendment 2. 3. This Variance shall expire after one (1) year if building permits have not been issued prior to the expiration. 32. Ordinance No. 793 - Amendment No. 87-4 An urgency Ordinance amending Chapter 17.94 of the Municipal Code relating to Off-site Advertising. Community Development Director Miller made one clarification that this Ordinance does not relate to non-commercial speech. The City Clerk reported no written comments or protests. Mayor Strigotte opened the pUblic hearing at 7:12 p.m., asking those in favor of Amendment No. 87-4 to speak. No one spoke. Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:13 p.m. - There was no Council discussion. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT FINDINGS LISTED BELOW: Findings 1. There is an immediate threat of the erection of additional billboards which constitutes a current and immediate threat to the public, health, safety, and welfare as defined in the purpose of Chapter 17.94 302 Page 5 - City Council Minutes - May 12, 1987 of the Municipal Code, which establishes regulations regarding signs and advertising structures. 2. The proposed amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, (2) injurious to property of improvements in the neigh- borhood or within the City. 3. The proposed amendment will be consistent with the latest General Plan. - AND ADOPT URGENCY ORDINANCE NO. 793. ORDINANCE NO. 793 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING AMENDING CHAPTER 17.94 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO OFF-SITE ADVERTISING. UPON THE FOLLOWING ROLL CALL VOTE: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, STRIGOTTE NONE WINKLER NONE COUNCILMAN WINKLER ENTERED THE MEETING AT 7:16 P.M. Mayor Strigotte advised that Items 33 thru 43 would be considered in one public hearing, however each item has been included here as a separate item for clarity. Community Development Director Miller called the Council's attention to an addition to this item which was distributed to them this evening. He advised that due to the recent adoption of Ordinance No. 790, adding Chapter 3.32 to the Municipal Code relating to Fee and Service Charge revenue/cost comparison system, the sections of each Ordinance relating to fees would need to be amended. ~ 33. Ordinance No. 794 - National Electrical Code Adoption of the 1987 Edition of the National Electrical Code and addition of a new Chapter 15.38 to the Municipal Code, relating to same. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 794 to speak. No one spoke. Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 794, AS AMENDED. ORDINANCE NO. 794 ~ AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1987 EDITION OF THE NATIONAL ELECTRICAL CODE AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE 1987, REPEALING IN ITS ENTIRETY CHAPTER 15.38 AND 15.40 OF, AND - ~ (0 ~ w (D <t - - Page 6 - City Council Minutes - May 12, 1987 303 ADDING CHAPTER 15.38 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE NATIONAL ELECTRICAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 34. Ordinance No. 795 - Uniform Plumbinq Code Adoption of the 1985 Edition of the Uniform Plumbing Code and addition of a new Chapter 15.24 to the Municipal Code, relating to same. The city Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 795 to speak. No one spoke. Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 795, AS AMENDED. ORDINANCE NO. 795 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM PLUMBING CODE, REPEALING IN ITS ENTIRETY CHAPTER 15.24 OF, AND ADDING CHAPTER 15.24 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE PLUMBING CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 35. Ordinance No. 796 - Uniform Mechanical Code Adoption of the 1985 Edition of the Uniform Mechanical Code and addition of a new Chapter 15.20 to the Municipal Code, relating to same. The city Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 796 to speak. No one spoke. Mayor strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 796, AS AMENDED. 304 Page 7 - City Council Meeting - May 12, 1987 ORDINANCE NO. 796 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM MECHANICAL CODE, REPEALING IN ITS E~TIRETY CHAPTER 15.20 OF, AND ADDING CHAPTER 15.20 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE MECHANICAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE - NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 36. Ordinance No. 797 - Uniform Housing Code Adoption of the 1985 Edition of the Uniform Housing Code and addition of a new Chapter 15.16 to the Municipal Code, relating to same. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 797 to speak. No one spoke. Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 797, AS AMENDED. ORDINANCE NO. 797 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM HOUSING CODE, REPEALING IN ITS ENTIRETY CHAPTER 15.16 OF, AND ADDING CHAPTER 15.16 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE HOUSING CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 37. Ordinance No. 798 - Uniform Code for the Abatement of Danqerous Buildinqs Adoption of the 1985 Edition of the Uniform Code for the Abatement of Dangerous buildings and the addition of a new Chapter 15.08 relating to same. The City Clerk reported no written comments or protests. - Mayor Strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 798 to speak. No one spoke. Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. ~ w ~ w m ~ ~ ~ Page 8 - City Council Minutes - May 12, 1987 305 MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 798, AS AMENDED. ORDINANCE NO. 798 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, REPEALING IN ITS ENTIRETY CHAPTER 15.08 OF, AND ADDING CHAPTER 15.08 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE ABATEMENT OF DANGEROUS BUILDINGS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 38. Ordinance No. 799 - Uniform Buildinq Code Adoption of the 1985 Edition of the Uniform Building Code and addition of a new Chapter 15.04 to the Municipal Code relating to same. The City Clerk reported no written comments or protests. Mayor strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 799 to speak. No one spoke. Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the pUblic hearing was closed at 7:20 p.m. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 799, AS AMENDED. ORDINANCE NO. 799 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, REPEALING IN ITS ENTIRETY CHAPTER 15.04 OF, AND ADDING CHAPTER 15.04 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE BUILDING CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 39. Ordinance No. 800 - Uniform Fire Code Adoption of the 1985 Edition of the Uniform Fire Code and addition of a new Chapter 15.56 to the Municipal Code relating to same. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 800 to speak. No one spoke. 306 Page 9 - City Council Minutes - May 12, 1987 Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 800. ORDINANCE NO. 800 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, REPEALING IN ITS ENTIRETY CHAPTER 15.56 OF, AND ADDING CHAPTER 15.56 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE FIRE CODE. - UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 40. Ordinance No. 801 - Gradinq Standards Adoption of Grading Standards and addition of a new Chapter 15.72 to the Municipal Code relating to same. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 801 to speak. No one spoke. Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. - MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 801. ORDINANCE NO. 801 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE GRADING STANDARDS, REPEALING IN ITS ENTIRETY CHAPTER 15.72 OF, AND ADDING CHAPTER 15.72 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO GRADING STANDARDS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 41. Ordinance No. 802 - Uniform Swimming Pool. Spa and Hot Tub Code Adoption of the 1985 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code and addition of a new Chapter 15.36 to the Municipal Code relating to same. The City Clerk reported no written comments or protests. - - v (!) ~ W aJ <C - - Page 10 - City Council Minutes - May 12, 1987 30~ Mayor strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 802 to speak. No one spoke. Mayor strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 802, AS AMENDED. ORDINANCE NO. 802 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, REPEALING IN ITS ENTIRETY CHAPTER 15.36 OF, AND ADDING CHAPTER 15.36 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE SWIMMING POOL, SPA AND HOT TUB CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 42. Ordinance No. 803 - Deletion of Obsolete Chapters of Chapters of the Municipal Code relatinq to Buildinqs !!. Construction Repeal in their entirety Chapters 15.28, 15.32, 15,48 & 15,60 of the Municipal Code. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 803 to speak. No one spoke. Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 803. ORDINANCE NO. 803 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING IN ITS ENTIRETY CHAPTERS 15.28, 15.32, 15.48, 15.56, 15.60 OF THE "LAKE ELSINORE MUNICIPAL CODE". UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 43. Ordinance No. 804 - Requirements for Relocation of Buildinqs or Structures within the City Adoption of Requirements for Relocation of Buildings or 308 Page 11 - City Council Minutes - May 12, 1987 structures and addition of a new Chapter 15.12 relating to same. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:18 p.m., asking those in favor of Ordinance No. 804 to speak. No one spoke. Mayor Strigotte asked anyone in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. - MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 804, AS AMENDED. ORDINANCE NO. 804 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE REQUIREMENTS OF RELOCATION OF BUILDINGS OR STRUCTURES WITHIN THE CITY, REPEALING IN ITS ENTIRETY CHAPTER 15.12 OF, AND ADDING CHAPTER 15.12 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE RELOCATION OF BUILDINGS OR STRUCTURES WITHIN THE CITY. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE 44. Ordinance No. 806 - Southeast Floodplain Moratorium on New Development - An interim Ordinance placing a moratorium on new development approvals on properties in the Southeast Floodplain Planning Area. Community Development Director Miller explained that the proposed interim ordinance is in contemplation of the devel- opment of a Land Use and Circulation Plan for this area., Mr. Miller stated that this ordinance would address a moratorium on new development approvals pursuant to zoning code requirements for a period of 45 days. He further explained time frames, the moratorium process and the area to known as the Southeast Floodplain Area. The City Clerk read two written comments received relative to this issue. The comments received were form Mr. Kris Kakkar of Whitestone Properties, representing the shareholders of Lake Elsinore Airport Inc., Cereal Partnership, and 80 Acre Partnership; and the L.J. Holmberg Family, both in opposition to the proposed moratorium. Mayor Strigotte opened the public hearing at 7:30 p.m., asking those in favor of the moratorium to speak. The following person spoke: ...- Jim Rhodes, 3860 Eula Lane, representing the owners of the Beachcomber R.V. Park at 32401 Stoneman in the floodplain moratorium area. He requested that the Council place a reasonable time limit on the study. In the case of the Beachcomber, one of the buildings has an addition that was begun a couple of years ago and never completed due to - ~ (.D oM W CD <( - - Page 12 - City Council Minutes - May 12, 1987 309 partnership problems. He feels that those problems will be resolved in the near future and would like to have the permits reissued to complete the drywall, stucco and elec- trical so this addition does not become an eyesore. Mayor strigotte asked anyone in opposition to speak. The following people spoke: Ann Thomas, Attorney at Best, Best & Krieger representing Hill Masonry Inc. explained the process Mr. Hill has gone through thus far with Council deferral to determine conformance with the General Plan and Planning Commission deferral for E.I.R. work. She questioned whether an E.I.R. would be done on this project and whether the 45 days would be the entire period of this E.I.R. She suggested that this study be done in phases so development could proceed, possibly studying traffic and circulation and then the airport concerns. Emerson Brigham, 28321 El Sur, Laguna Niguesl, questioned if portions of the property included in the study could be released prior to completion of the study. He suggested that there be a Study Session scheduled between the property owners and the City to resolve this issue quickly. Irene Dannon, 1956 Thayer Avenue, Los Angeles, expressed concern that this type of moratorium would make it difficult for people who have already begun a development. She felt that the Council should reimburse people who have already made expenditures toward a development prior to establishing the moratorium. Lou Goodman, property owner in the floodplain area, questioned if Ordinance No. 445 was still in effect. He thanked Council for its consideration of a Lake Management Plan and stressed the need for this ,program to become a priority as a step toward permanent flood control. Kent Mitchell, 121 South Main Street, General Partner of Lake Elsinore Development, reiterated suggestions of prior speakers to accelerate certain areas like traffic and circulation impacts to keep this study within the 45 day moratorium period. Mr. Mitchell also suggested that landowners or their representatives be included in the study process. Rob Schilling, representing Attorney John Giardinelli, who represents Mr. Harold Walker, owner in the moratorium area. He requested that this 1 acre parcel be excluded from the ordinance in that he is already in the development process and has obtained bank financing and land draws. This plan is scheduled for Planning Commission consideration on May 19, 1987. Buron Murray, 18975 Palomar Street, feels that this moratorium to do some overall planning is an excellant idea, however he expressed concern with it being detrimental to projects already in the process. Mayor Strigotte closed the public hearing at 8:00 p.m. Community Development Director Miller clarified that Ordinance No. 445 questioned by Mr. Goodman had been repealed and replaced last fall. Council discussion center on reasonable time period for the study, phasing of the study as suggested by the speakers, and reasoning behind the staff recommendations for the boundaries of the study area. They were also concerned with the effect of this moratorium on projects already in the process. 310 Page 13 - City Council Minutes - May 12, 1987 Councilman Dominguez questioned whether the ordinance should include reference to the fact that the moratorium is for 45 days. Deputy City Attorney McFarland clarified that this is pursuant to the Government Code. Mayor Strigotte questioned the number of projects already in the planning process. Community Development Director Miller advised that a number of plans have been presented, however, Mr. Walker's is the only one already in the process. Mayor Strigotte asked Mr. Walker's attorney and Mr. Walker what the impact of the 45 day moratorium would be on their project. His attorney advised that the biggest concern is the uncertainty of the project being allowed after the study. Mr. Walker was concerned that the bank financing would be lost as well as the approximately $10,000 he has already invested in preparation of the project. .... Councilman Winkler stated for the record that he would be abstaining from vote on this issue due to property ownership in the area. MOVED BY VERMILLION, SECONDED BY STRIGOTTE TO ADOPT ORDINANCE NO. 806 WITH THE EXCLUSION OF MR. WALKER'S PROPERTY. MOTION FAILED TO CARRY WITH VOTE AS FOLLOWS: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: DOMINGUEZ, VERMILLION, STRIGOTTE MATSON NONE WINKLER (NOTE: Urgency Ordinances require a 4j5ths vote for approval.) MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO ADOPT FINDINGS LISTED BELOW: ... Findings 1. The City, in conjunction with the Redevelopment Agency, is contemplating the development of a land use and circulation plan for the Southeast Floodplain Planning Area. 2. Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3. Additional development approvals in the vicinity of Skylark Airport may conflict with the development of an Airport Land Use Compatibility Plan that would provide protection of property and public safety. 4. Current and pending development proposals constitute an immediate threat to adversely impact elements of the contem- plated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety, and welfare. AND ADOPT INTERIM ORDINANCE NO. 806: ORDINANCE NO. 806 ... AN INTERIM ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PLACING A MORATORIUM ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN THE SOUTHEAST FLOODPLAIN PLANNING AREA, WHICH IS GENERALLY DEFINED BY A BOUNDARY ALONG MISSION TRAIL AND CORYDON ROAD ON THE EAST; TO CEREAL STREET AROUND SKYLARK AIRPORT, THENCE SOUTHWEST- ERLY TO THE CITY LIMITS AND THEN WESTERLY ALONG THE CITY LIMITS - ~ c.o ~ w (I) <( - - 811 Page 14 - City Council Minutes - May 12, 1987 TO THE STATE RECREATION AREA BOUNDARY; THENCE NORTHERLY TO A LINE APPROXIMATELY 1,320 FEET NORTH OF SYLVESTER STREET; THENCE EASTERLY FROM THE STATE RECREATION AREA BOUNDARY TO THE SAN JACINTO RIVER: THENCE ALONG THE SAN JACINTO RIVER AND AROUND THE VON'S SHOPPING CENTER TO LAKESHORE DRIVE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, STRIGOTTE NONE NONE WINKLER community Development Director Miller recommended bringing Mr. Walker's project to Council for consideration on June 23, 1987, the same night they will be reconsidering this moratorium. Council concurred. BUSINESS/DISCUSSION MATTERS 51. Commercial Proiect 86-16 Revised and Amendment 11 - Brookstone Investors Request to construct a 16,657 square foot shopping center on 1.54 acres located at the northeast corner of Railroad Canyon Road and Grape Street. Community Development Director Miller gave an overview of prior considerations on this project. Steve Brown, 35721 Beach Road, Capistrano Beach, representing the developer advised that they have addressed the major concerns of the Council. The first being the rear elevation, for which they have provided additional landscaping treatment to improve the appearance. The other major concern was with traffic in the area for which they have provided a copy of their study to each Councilmember. Councilman Vermillion questioned the median and the number of lanes that are included in the project. Community Development Director Miller clarified that this would be a four land divided road and further discussed the traffic configurations for this area. Mayor Strigotte complimented the developer on the much improved project, but expressed concern with the appearance of the medians in the area. He feels that they should all include some degree of landscaping in all of them. Mr. Miller explained that this has been limited to prevent danger to City crews trying to main- tain the landscaping. MOVED BY DOMINGUEZ, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION NO. 86-64; APPROVE COMMERCIAL PROJECT NO. 86-16 REVISED AND AMENDMENT NO. I, SUBJECT TO CONDITIONS LISTED BELOW: Conditions 1. Design Review Board approval will lapse and be void unless building permits are issued within one (1) year. ~2 15 - City Council Minutes - May 12, 1987 2. A reproduction of the approved site plan and these conditions of approval shall be attached or reproduced upon page one of building plans prior to their acceptance by the Division of Building and Safety. A site plan implementation any conditions of approval shall also be submitted with the building plans. 3. Applicant shall meet to the issuance of a release of utilities. all conditions of approval prior Certificate of Occupancy and 4. All site improvements shall be constructed as indicated on the approved plot plan and elevations and/or as modified these by these conditions of approval or the Planning Commission through subsequent action. ..., 5. All required off-site improvements, including street lighting, shall be completed in accordance with improvement plans approved by the City Engineer prior to release of utilities and issuance of Certificate of Occupancy 6. Applicant shall meet all applicable City Codes and Ordinances 7. Meet all County Fire Department requirements for fire protection or alternative requirements as modified in writing by the Fire Marshal. 8. All undeveloped and/or construction areas associated with the site shall be maintained in a safe and neat manner at all times. Temporary turf or ground cover and temporary irrigation for these areas shall be made a part of the Final Landscaping Plan and subject to the approval of the Community Development Director or his designee. The applicant shall develop a master signage program for the center which specifies consistent colors, materials and specifications which will advance the center's design theme and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94. Master Signage Program to be reviewed and approved by the Planning Commission. All signage to be by City permit and in conformance with the Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required for each sign at the time of tenant occupancy. 9. -- 10. Construction generated dust and erosion shall be contained in accordance with the provisions of Ordinance No. 636. (Grading) and using best construction practices. Interim erosion control measures shall be taken 30 days after rough grading, as approved by the City Engineer. 11. 12. Metal mailboxes shall center's design theme. building plans, subject Service and the Director designee. be treated to blend with the A detail shall be included in to the approval of the Postal of Community Development or his All planting areas shall have permanent and automatic sprinkler system with 100 percent watering coverage. .... 13. All planting areas shall be separated from paved areas with a six-inch (6") high concrete curb. 14. Planting within ten feet (10') of ingress/egress points shall be no higher than thirty-six inches (36"). 15. Applicant shall p~ant street trees, the City Street Tree List, a maximum of selected from 30 feet apart Page 16 - City Council Minutes - May 12, 1987 318 and at least lS-gallon in size, as approved by the Community Development Director. 16. On-site surface drainage shall not cross sidewalks. 17. Trash enclosures shall be constructed per City standards. - 18. All roof mounted equipment shall be at least 6 inches lower than the parapet wall or top of equipment well and shall be painted and maintained to blend with the roof. Evidence of compliance with this condition shall be included in building plans. 19. Applicant shall submit a Final Landscape and Irrigation Plan subject to the approval of the Planning Commission, incorporating features of the submitted site plan and rendering. Recommended addition: Landscape plan shall incorporate additional shrubs to screen parking areas, provide additional foundation planting around buildings, and in landscape fingers in parking area. ~ c.o ~ 20. W CD cd: 2l. 22. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property or streets, or allow illumination above the horizontal plane of the fixture. - Applicant shall provide stop signs at all egress points. Food service uses shall be permitted in this center only on required parking can be provided in accordance with Lake Elsinore Municipal Code, section 17.66. 23. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director. 24. Applicant shall provide an irrevocable offer to dedicate such land as is required to provide for an ultimate 88 foot right-of-way for Grape Street. 2S. Applicant shall dedicate such land as is required to provide for an ultimate 110 foot right-of-way for Railroad Canyon Road. 26. Brick, pavers, or textured pavement treatments shall be laid in band designs, and shall be located at the Grape Street driveway approach and both Railroad Canyon Road driveway approach, to be dimensioned not less than 6 feet in width as approved by the Community Development Director. ENGINEERING DEPARTMENT CONDITIONS: 27. Meet all requirements of Ordinance No. S7l (Chapter 12.08 of the Municipal Code) regarding encroachment permits. - 28. Meet all requirements of Ordinance No. S72 (Chapter 16.34 of the Municipal Code) regarding public improvements for buildings and subdivisions. 29. Meet all requirements of Ordinance No. 636 (Chapter lS.72 of the Municipal Code") regarding grading. 30. Meet all requirements of Ordinance No. 603 (Chapter lS.64 of the Municipal Code) regarding flood hazard regulations. 31. Meet all requirements of Ordinance No. 711 (Chapter lS.68 of the Municipal Code) regarding floodplain management. This project, as approved, complies with t e Goals and Objec- tives of the General Plan and General Com ercial Zoning istrict. ~4 18 - City Council Minutes - May 12, 1987 3. T 's project complies with the design rectives contained in Ch ter 17.82.060 and all other applic ble provisions of the Mun cipal Code. 4. Cond ions and safeguards pursuant 0 Chapter 17.82.070, inclu ing guarantees and evidence compliance with condit'ons, being incorporated int the approval of the subjec project to insure develop ent of the property in accorda ce with the Objectives 0 this Chapter and the Plannin District in which it is located. - City Manager Mol ndyk explaine tent with existin Council po Matich Fields. 52. Waivers of Fe s for use of Swick Requests recei ed from Lake Elsi and the Lake El inore Men's Sof Christian Softball League League. recommendation of denial consis- cy. Rick Martin, P. o. Box.472, ke Elsinore, felt that this was not a consistent wi h prior ction of the Council. He explained the reasoning for t is requ st, including other groups who were not being charged e ally. He explained that the League had already bee~ formed r th s year and they would have to go back and ~equest(more fees fro the participants. MOVED BY WINKLER, SECONDED Y VERMILLION AND CARRIED BY UNANIMOUS VOTE TO DENY REQUESTS FOR WAIVERS F FEES RECEIVED FROM LAKE ELSINORE CHRISTIAN SOFTBALL LEAGUE AN THE LAKE ELSINORE MEN'S SOFTBALL LEAGUE. 53. - s = Addition of "The U.S. Funny Spectacular" Request to add Truc Monday, May 25, 1987. City Manager Molen yk provid d new information that has been received since th preparatio of staff recommendations. He advised that due 0 the recei ~ of new information the staff recommendation h been change to approval of this event. 54. BY VERM LLION AND CARRIED BY UNANIMOUS MOVED BY DOMINGUEZ, VOTE TO APPROVE THE Revised 1987. as requested at Coun 'I Meeting of April 14, Assistant negotiate applied t complete ity Manager Gilbert summa ized the terms of the lease agreement, being mon hly cost of $350, 15% ward future purchase and po ibi1ity of purchase if prior to January 1988. and purchase that purchase - embers discussed possible It was the consensus of ssed at budget time. MOVED BY MATSON, SECONDED BY WINKLER TO APPROVE THE LEASE AS NEGOTIATED. BY UNANIMOUS VOTE Page 17 - City Council Minutes - May 12, 1987 Findinqs 1. Subject to the conditions and mitigation measures identified, the proposed project is not anticipated to result in any sig- nificant adverse environmental impacts. r 2. This project, as approved, complies with the Goals and Objec- tives of the General Plan and General Commercial Zoning District. 3. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, being incorporated into the approval of the subject project to insure development of the property in accordance with the Objectives of this Chapter and the Planning District in which it is located. 52. Waiver of Fees for use of Swick ~ Matich Fields. Requests received from Lake Elsinore Christian Softball League and the Lake Elsinore Men's Softball League. "....... city Manager Molendyk explained recommendation of denial consis- tent with existing Council Policy. Rick Martin, P. O. Box 472, Lake Elsinore, felt that this was not consistent with prior action of the Council. He explained the reasoning for this request, including other groups who were not being charged equally. He explained that the League had already been formed for this year and they would have to go back and request more fees from the participants. MOVED BY WINKLER, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO DENY REQUESTS FOR WAIVERS OF FEES RECEIVED FROM LAKE ELSINORE CHRISTIAN SOFTBALL LEAGUE AND THE LAKE ELSINORE MEN'S SOFTBALL LEAGUE. 53. Special Event = Frontier Davs = Addition of "The U.S. Funny Car, Truck and Tractor Pull Spectacular". Request to add Truck and Tractor Pull on Monday, May 25, 1987. City Manager Molendyk provided new information that has been received since the preparation of staff recommendations. He advised that due to the receipt of new information the staff recommendation has been changed to approval of this event. MOVED BY DOMINGUEZ, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE EVENT. 54. City Hall Lease -- Revised lease as requested at Council Meeting of April 14, 1987. Assistant City Manager Gilbert summarized the terms of the negotiated lease agreement, being monthly cost of $350, 15% applied toward future purchase and possibility of purchase if completed prior to January 1988. Councilmembers discussed possible lease terms and purchase options. It was the consensus of the Council that purchase be discussed at budget time. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE LEASE AS NEGOTIATED. Pag~ 18 - City Council Minutes - May 12, 1987 55. Mobile Emergency Communications Center Summary of proposals received for work necessary to complete the remodeling of an Argosy Bus into a Mobile Emergency Comm- unications Center. Assistant City Manager Gilbert explained bid process and recommended that the minimum bid the Council approved be $7,596 as bid by P.D.I. He also advised that if the Council prefers to include the exterior body work and painting he would recommend the bid of $11,181 also submitted as an option by P.D.I. Council requested confirmation that this would provide them with an operational Mobile Emergency Communications Center. Mr. Gilbert confirmed that it would be operational with a limited amount of radio equipment which could be improved upon at a later date. - MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTF, TO ACCEPT LOW BID PRESENTED BY P.D.I. 56. Community Center Im?rovements = Senior Center Grant. Update on a project to signifirantly upgrade the Community Center, including provisions for funding by a Senior Center Grant. Assistant City Manager Gilbert gave a brief update on this project and advised that we are currently being delayed by the Area Office on Aging not making a decision. It was the consensus of Council that we write a letter to County Supervisor Walt Abraham to request assistance in speeding up this process. t ....; MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO DEFER ACTION FOR SENIOR BOND ACT FUNDING. 57. Title 10 = Vehicles k Traffic Draft Ordinance to repeal and adopt a new Title 10 of the Municipal Code on Vehicles & Traffic. Assistant City Manager Gilbert provided a brief overview of the proposed new ordinance. Mayor Strigotte advised that he has a number of concerns with the ordinance which he will be discussing with staff prior to the public hearing. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DRAFT ORDINANCE AND SET THE PUBLIC HEARING. COUNCIL ADJOURNED TO CLOSED SESSION AT 9:25 TO DISCUSS ADAMS ADVER- TISING LITIGATION. COUNCIL RETURNED FROM CLOSED SESSION AT 9:35 P.M. CITY MANAGER COMMENTS. None. -- - ~ (0 '" w CD <C - - Page 19 - City Council Minutes - May 12, 1987 315 CITY COUNCIL COMMENTS Councilman Dominguez expressed concern with the availability of Code Enforcement to the citizens. He explained that it is very difficult to contact them on the weekend without going through 911. He requested that this be brought to Council as part of the budget process to put the Code Enforcement program back under City supervision. Mayor Strigotte requested that the Chamber of Commerce contact him with regard to the rodeo. He also reminded everyone of the May 20th Special Meeting with the Corps of Engineers to discuss the outflow channel. He then read a letter received from F.E.M.A. in response to a letter written by Mr. Pat Callahan. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT~'M' ~LRIGOTt:OR CITY OF LAKE ELSINORE 0~ VICKI LYNNE CITY OF LAK... w CLERK