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HomeMy WebLinkAbout05-27-1986 City Council Minutes r ~ I'- Ln C\J W (D <( r "",-=... 1 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 27, 1986 ****************************************************************************** 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 Matson. 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 Development Dilrector Miller, Administrative Services Director Barrick, City Engineer Keith and City Clerk Money. PUBLIC COMMENTS 1. Chester Doron, Butterfield Mobile Home Park, Lake Elsinore, com- mented on the need for a traffic signal at Riverside and Lakeshore Drive (Four Corners). 2. Rene E. Rich, 2530 N. Thames Street, Los Angeles, commented on lake management and the proposed dyke. 3. Lyn Brown, 17281 Shrier Drive, Lake Elsinore, commented on septic problems of homeowners in her immediate neighborhood. She suggested the City adopt an Ordinance that homes built in the Gunnerson/Shrier Drive area be required to be on sewer. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: Item numbers la and 3. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1- The following Minutes were approved: b. May 13, 1986 - Board of Appeals Meeting .- 'I The following Minutes were received and filed: c. April 14, 1986 - Public Safety Commission Meeting ....., d. May 6, 1986 - Planning Commission Meeting e. May 6, 1986 - Design Review Board Meeting 2. Adopted Resolution Number 86-26 ordering preparation of engin- eer's report, Resolution Number 86-27 approving engineer's report and Resolution Number 86-28 declaring entent to order annexation of additional territory to existing Landscaping and Street Lighting District and setting time and place for public hearing. ~ge two ~ity Council Minutes May 27, 1986 CONSENT CALENDAR - Continued. 2. Landscaping and Street Lighting District Resolutions - Continued. RESOLUTION NO. 86-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE -, PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR ANNUAL . I ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT AND FOR THE .....r ANNEXATION OF ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT. RESOLUTION NO. 86-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITHIN SAID CITY AND FOR THE ANNEXATION OF ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT. RESOLUTION NO. 86-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVI- SIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. --{ .J 4. Approved Resolution No. 86-31 supporting the Selective Service System. RESOLUTION NO. 86-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROCLAIMING SUPPORT OF THE SELECTIVE SERVICE SYSTEM. 5. Approved Resolution No. 86-32 adopting Council Policy No. 100-1 RESOLUTION NO. 86-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A COUNCIL POLICY AND PROCEDURE MANUAL. Approved Resolution No. 86-33 adopting Council Policy No. 200..."1. RESOLUTION NO. 86-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING COUNCIL POLICY NUMBER 200-1,ESTABLISHING RULES AND REGULATIONS TO ASSIST IN THE CONDUCT OF CITY COUNCIL MEETINGS. , , ....) 6. Approved amendment to the agreement between the City of Lake Elsinore and the Park and Recreation District, Section 7, as follows: 7. Throughout the term of this Agreement, at the Contractors sole cost and expense, the Contractor shall keep or cause to be kept in full force and effect, for the mutual benefit of the City of Lake Elsinore and Contractor, a comprehensive broadform general public liability insurance against claims and liabilities for personal injury, death, and for property damage arising out of the actions or inactions from use, occupance, or disuse of any .- f'- LD C\I W CD <t -r- - Page three City Council Minutes May 27, 1986 CONSENT CALENDAR - continued. 3 6. Amendment to Park and Recreation District Agreement - Continued. City facility provided hereunder, providing protection of at least One-Million Dollars ($1,000,000) combined single limits of liability for each claim or procedure. 7. Rejected and referred Claim No. 86-14 - Ray and Associates. 8. Approved date of June 10, 1986 for public hearing of: a. Protests to the Weed Abatement Program. b. Tentative Tract Map 21021 - Proposal to divide 8.077 acres into thirty-four .(34) single-family residential lots in the R-l (Single-Family Residential) Zoning District, located on the southeast side of the intersection of Macy street and Lake Ridge Road. ITEMS REMOVED FROM THE CONSENT CALENDAR la. Councilman winkler referred to Page 15 of 17 of the Minutes of the regular City Council meeting of May 13, 1986, City Council Comments, Councilman Matson made a motion to reconfirm that the City Council does not endorse any homes being built below 1265 MSL, in the area behind the proposed levee. He indicated the vote should have re- flected 4-0 in favor of the motion with Councilman Winkler ab- staining. He requested the City Clerk make the necessary correc- tion. MOVED BY WINKLER, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO APPROVE THE MINUTES OF MAY 13, 1986, SUBJECT TO AMENDMENT OF THE VOTE ON MOTION REGARDING HOMES BEING BUILT BELOW 1265 MSL. 3. Councilman Vermillion commented that he objected to the Council endorsing a Proposition which would be on the ballot in June, 1986. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED TO APPROVE ADOPTION OF RESOLUTION NO. 86-30 SUPPORTING PROPOSITION 44. RESOLUTION NO. 86-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IN SUPPORT OF PROPOSITION 44. AYES: NOES: ABSTENTIONS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NONE VERMILLION PUBLIC HEARINGS 31. Declaration of weeds, rubbish, refuse and dirt as a nuisance and ordering notice to be sent to property owners, and, approval of Resolution No. 86-34. Mr. Miller reported that, pursuant to regulations set forth in the Government Code, the City is required to adopt a resolution declaring weeds, rubbish, refuse and dirt on private properties a nuisance and ordering abatement thereof. Also, a pUblic hearing is being set for June 10th to consider objections to the abatement notice. Notices are being prepared and will be sent out on May 28, 1986, subsequent to adoption of Resolution No. 86-34. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:16 p.m. asking those in favor of Resolution No. 86-34 to speak. No one asked to speak. Mayor strigotte asked those in opposition to Resolution No. 86-34 to speak. Hearing no one, the public hearing was closed at 7:17 p.m. ~ge four ~ity Council Minutes May 27, 1986 PUBLIC HEARINGS - Continued. 31. Weed Abatement - Continued. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO ADOPT RESOLUTION NO. 86-34. RESOLUTION NO. 86-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AND ANY OTHER UNAUTHORIZED FILL MATERIALS AS DEFINED IN SECTION 39560 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDINANCE NO. 532, CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH CHAPTER 13, PART 2, DIVISION 3 OF TITLE 4 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDINANCE NO. 532, AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH THE FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. ..." . 32. Conditional Use Permit 85-6 - Robert McGill - Proposal to re- establish a former recreational vehicle park located on thirty- one (31) acres at the northeast corner of Grand Avenue and Riverside Drive. Mr. Miller reported that the proposed project was abandoned after flooding in 1983 and is now proposed to be re-established. The entire development is below the 1270' MSL elevation and conse- quently requires Council approval. Major concerns are flooding, traffic impacts on Grand Avenue, impact on schools and residency limitations, all of which are addressed through the conditions of approval. ....I Staff recommends Council adopt a Negative Declaration and approve Conditional Use Permit 85-6, subject to thirty-eight (38) Planning Commission conditions. The City Clerk reported, for the record, a letter in opposition to this project was received from Mrs. Margaret E. Clark, 15568 Grand Avenue, Lake Elsinore. Mayor Strigotte opened the public hearing at 7:28 p.m. asking those in favor of CUP 85-6 to speak. The following persons spoke: 1) Fred Crowe, 620 W. Graham Street, Butterfield Surveys, representing the applicant, Jim McGill, urged Council to approve this request. Mayor Strigotte asked those in oppoosition to CUP 85-6 to speak. The following persons spoke: 1) Ernest Innes, 15301 El Contento Drive, Lake Elsinore, voiced concern regarding creation of traffic problems. 2) George Niri, 33050 El Contento Drive, Lake Elinore, stated this area is too congested and the project would create a safety problem through increased traffic. , ....., 3) Chester Doron, Butterfield Mobile Home Park, Lake Elsinore, stated he is concerned that the project could lower property values for residents in the adjoining mobile home park. Mayor Strigotte closed the public hearing at 7:33 p.m. - I'- LD C\I W m <t Page five 5 City Council Minutes May 27, 1986 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit 85-6 continued. Lengthy Council discussion followed regarding amendments to certain conditions, deletion and addition of conditions, traffic safety problems, elevation of the project, location of the holding tank and the length of validity of the Conditional Use Permit. MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO AMEND CONDITION NUMBER 5 AND 25A. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO ADD CONDITION NUMBER 39, AS FOLLOWS: "PROJECT MUST BE BUILT WITHIN TWELVE (12) MONTHS AND COMPLETED WITHIN SIX (6) MONTHS OF PULLING BUILDING PERMITS, IF NOT, CONDITIONAL USE PERMIT EXPIRES." MOVED BY STRIGOTTE, SECONDED BY WINKLER AND CARRIED UNANIMNOUSLY TO ADD CONDITON NUMBER 40, AS FOLLOWS: "CONDITIONAL USE PERMIT 85-6 TO BE VALID FOR TEN (10) YEARS ONLY." MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED TO DENY COND- ITIONAL USE PERMIT 85-6. AYES: COUNCILMEMBERS: MATSON, WINKLER, VERMILLION, STRIGOTTE NOES: COUNCILMEMBERS: DOMINGUEZ -- 33. Zone Change 86-9 - John Curts/Center Development - Proposal to change the zoning from R-l (Single-Family Residence), C-l (Limited Commercial) and C-P (Commercial Park) to C-2 (General Commercial) on 18.03 acres, located on the west side of Mission Trail between Campbell and Sylvester Streets. This Zone Change brings the entire property into conformance with the General Plan Land Use designation, replacing three separate zoning designations which do not conform. Approval of this zone change will facilitate development of a major shopping center proposed for this site which is currently scheduled for review at the Planning Commission on June 17, 1986 as Commercial Project 86-7. Staff recommends Council adopt a Negative Declaration and approve Zone Change 86-9 subject to the findings and adopt Ordinance No. 766. The City Clerk reported no written comments or protests. Mayor Strigotte opened the pUblic hearing at 7:55 p.m. asking those in favor of Zone Change 86-9 to speak. The fOllowing persons spoke: 1. John Curts, 5225 Canyon Crest Drive, Riverside, stated he concurred with the conditions of approval and urged Council ~ approve the Zone Change. Mayor Strigotte asked those in opposition to Zone Change 86-9 to speak. Hearing no one, the public hearing was closed at 7:57 p.m. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO ADOPT THE NEGATIVE DECLARATION AND APPROVE ZONE CHANGE 86-9, SUBJECT TO THE FOLLOWING FINDINGS: . 1) The proposed Zone Change will be consistent with the General Plan designation. JAlge six City council Minutes May 27, 1986 PUBLIC HEARINGS - Continued. 33. Zone Change 86-9 - Continued. 2) This area is appropriate for intensive commercial development, due to its location along a major arterial street in an area master planned for intensive commercial development around it, and due to its proximity to a major freeway off-ramp at Rail- road Canyon Road. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NUMBER 766: ....., . ORDINANCE NO. 766 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-1 (SINGLE-FAMILY RESI- DENCE) AND C-1 (LIMITED COMMERCIAL) AND C-P (COMMERCIAL PARK) TO C2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHAMGE 86-9 - JOHN CURTS/CENTER DEVELOPMENT). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, VERMILLION, STRIGOTTE NOES: COUNCILMEMBERS: NONE BOARD OF APPEALS COUNCIL ADJOURNED TO BOARD OF APPEALS AT 7:59 P.M. COUNCIL RECONVENED AT 8:03 P.M. -- BUSINESS ITEMS 51. Ordinance No. 765 - Zone Change 86-6 - Jack Malki - Second Reading. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO ADOPT ORDINANCE NO. 765: ORDINANCE NO. 765 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-1 (SINGLE-FAMILY RESI- DENCE) AND C-1 (LIMITED COMMERCIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT. (ZONE CHANGE 86-6 - JACK MALKI) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, VERMILLION, STRIGOTTE NOES: COUNCILMEMBERS: NONE 52. Appeal of conditions of approval - Single-family residence _ 18259 Strickland Avenue - George Alongi. Mr. Miller reported that Mr. George Alongi has appealed conditions number 2, 10, 11 and 13 imposed by the Design Review Board, as follows: , -- 2. Applicant shall meet all conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 10. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegeta- tion installed, approved by the Planning Division. ~. I , I"- Ln (\j W CD <( ,~ r i ! 7 Page seven city council Minutes May 27, 1986 BUSINESS ITEMS - Continued. 52. Appeal of conditions of approval - 18259 strickland Avenue - Continued. 11. All roof mounted or ground support air conditioning unit, gas meters, electrical boxes or other electrical or mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighborhood proper- ty or public streets, (Solar energy collectors and apparatus excepted) . 13. A six-foot (6') high split wood fence or masonry wall shall be constructed along the side and rear property lines subject to the approval of the community Development Director. Mr. Miller reviewed the reasons these conditions were required for this project and recommended council affirm the Design Review Board approval subject to twenty-two (22) conditions. Mr. Alongi addressed council and asked they consider deleting or amending the four conditions which he is appealing. Lengthy discussion followed. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO AMEND CONDITIONS NUMBER ELEVEN (11) AND FOURTEEN (14) AS FOLLOWS: 11. ADD - "SCREENING TO BE APPROVED BY COMMUNITY DEVELOPMENT DIRECTOR". 14. ADD - "NOT TO REQUIRE TREE RELOCATION". MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED TO DENY APPEAL AND REAFFIRM DESIGN REVIEW BOARD APPROVAL, SUBJECT TO TWENTY-TWO (22) DESIGN REVIEW BOARD CONDITIONS AS AMENDED. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION 53. Request to construct 189 square foot addition to a non-conforming structure at 407 West Flint Street - I.G. and Zoray Watson. Mr. Miller reported that Government Code requires Council approval of this project due to the fact that it is a residential structure existing in a manufacturing zone. Staff recommends approval of project subject to two conditions. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO APPROVE REQUEST BY I.G. AND ZORY WATSON TO CONSTRUCT ADDITION TO NON-CONFORMING.STRUCTURE AT 407 WEST FLINT STREET, SUBJECT TO TWO CONDITIONS, AS FOLLOWS: 1. The applicant shall carry out all further work under appro- priate City permits. I II 2. The proposal shall be revised as necessary to meet all applicable State and City Codes and Ordinances. 54. commercial Project 86-4 - The Grayson properties, Inc. - Proposal to construct a 95,672 square foot shopping center, restaurant and convenience market in two phases on twelve (12) acres on the south- west side of Grand Avenue, between Ortega Highway and Macy Street. Mr. Miller reviewed the proposed project and commented that the applicant was not present and had not submitted final renderings. MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO CONTINUE COMMERCIAL PROJECT 86-4 TO JUNE 10, 1986.