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HomeMy WebLinkAbout09-23-1986 City Council Minutes 107 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 23, 1986 - ***************************************************************************** r'- Ln C\I 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 winkler. 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, Administrative Services Director Barrick, Community Development Director Miller, Public Services Director Kirchner and City Clerk Oliver. PUBLIC COMMENTS - None. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: Item No.5. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. l. The following Minutes were approved: a. September 10, 1986 - Regular City Council Meeting b. September 10, 1986 - Board of Appeals Meeting The following Minutes were received and filed: c. September 2, 1986 - Planning Commission Meeting d. September 2, 1986 - Design Review Board Meeting 2. Received and filed Treasurer's Report - August 31, 1986. 3. Adopted Resolution No. 86-56 approving Council Policy Number 200-6. RESOLUTION NO. 86-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING COUNCIL POLICY NUMBER 200-6, RELATIVE TO THE ADOPTION OF ORDINANCES. 4. Adopted Resolution No. 86-65 supporting the establishment of the "Red Ribbon Campaign" to promote drug prevention. l~ge two City Council Minutes September 23, 1986 CONSENT CALENDAR - Continued. RESOLUTION NO. 86-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE ESTABLISHMENT OF THE RED RIBBON CAMPAIGN TO PROMOTE DRUG PREVENTION. 6. Rejected and referred Claim No. 86-22 - Corona Clay Company. 7. Approved setting date of October 14, 1986 for public hearing of: a. General Plan Amendment 86-8 and Zone Change 86-12 - Schmid Development - Request to change the General Plan Designation from Limited Industrial to Commercial Manufacturing on approximately fifty (50) acres and to rezone property from M-1 (Limited Manufacturing) to C-M (Commercial Manufacturing) between Collier Avenue and I-15 from Nichols Road to approxi- mately 1700 feet west of Riverside Drive. b. Tentative Parcel Map 21587 - Schmid Development - Request to subdivide 40.76 acres into sixty-one (61) lots located between Collier Avenue and I-15 from Nichols Road to approximately 1700 feet west of Riverside Drive. ..., c. General Plan Amendment 86-9 and Zone Change 86-14 Revised - Preston Barrett - Request to amend the General Plan Land Use Map from Mixed Use to High Density Residential and change the Zoning District from C-1 (Limited Commercial) to R-3 (Multiple-Family Residential) on 1.93 acres located on the west side of Lewis Street between Graham Avenue and Lakeshore Drive and on the southeast corner of Lewis Street and Graham Avenue. ..., d. Zone Change 86-13 - Realty Center - Request to rezone approxi- mately 3.5 acres at the corner of Lash Avenue and Riverside Drive from R-3 (Multiple-Family Residential) to C-1 (Neighbor- hood Commercial) Zoning District. ITEMS REMOVED FROM CONSENT CALENDAR 5. Acceptance of Drainage Waters and Quitclaim Deed for Water Rights for Lake Elsinore Mini-Storage, 29151 Riverside Drive - Commercial Project 86-11 - Anderson. Mr. Mo1endyk explained there was an error in the Acceptance of Drainage Waters Document and requested that portion of the item be removed from the agenda. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO ACCEPT QUITCLAIM DEED FOR WATER RIGHTS AT 29151 RIVERSIDE DRIVE - COMMERCIAL PROJECT 86-11 - GORDON C. ANDERSON. PUBLIC HEARINGS ..., 31. Refuse Collection Rate Increase - Resolution No. 86-63. Mr. Gilbert reported that presently, a contract exists between the City of Lake Elsinore and ROdriguez Disposal for Citywide refuse collection. Closure of the Lake Elsinore Disposal Site scheduled for October 30, 1986, will result in additional costs to the con- tractor for refuse transport and dump fees. Staff recommends adoption of Resolution No. 86-63 which increases rates for refuse collection. ..... ~ ~ N W m ~ ..... ~ 109' Page three city council Minutes September 23, 1986 PUBLIC HEARINGS - continued. 31. Refuse Collection Rate Increase - Resolution No. 86-63. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:05 p.m. asking those in favor of the refuse collection rate increase to speak. The following person spoke: 1. Paul Block, from the San Bernardino and Riverside County Disposal Association, representing the contractor, Jess Rodriguez, com- mented that the increase is in compliance with Sub-Chapter 15 of the Health and Safety Code and is an indirect tax passed from the public through the contractor to the County. Mayor Strigotte asked those in opposition to the refuse collection rate ,increase to speak. The following persons spoke: 1. E.A. Glasgow, 270 White Oak Road, Lake Elsinore, commented that the rate increase creates a hardship on many citizens. 2. Joy Elizabeth Porthon, 308 Lyon, Lake Elsinore, commented that she is a renter. She fears her rent will increase if her landlord has an increase in refuse collection fees. Mayor Strigotte closed the public hearing at 7:12 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO ADOPT RESOLUTION NUMBER 86-63 REVISING REFUSE COLLECTION RATES. RESOLUTION NO. 86-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REVISING REFUSE COLLECTION RATES AND REPEALING RESOLUTION NO. 85-43. BOARD OF APPEALS COUNCIL ADJOURNED TO THE BOARD OF APPEALS AT 7:19 P.M. COUNCIL RECONVENED AT 7:21 P.M. BUSINESS/DISCUSSION ITEMS 51. Ordinance No. 775 - Rezoning certain property from R-1 to C-2 Zoning District (Zone Change 86-4 - Bruce Ayres) - Second Reading. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO ADOPT ORDINANCE NO. 775, ORDINANCE NO. 775 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-l (SINGLE-FAMILY RESI- DENCE) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 86-4 - BRUCE AYRES) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE 11~ge four c~ty Council Minutes September 23, 1986 BUSINESS/DISCUSSION ITEMS - continued. 52. Request for Waiver of Fees for Special Event Application - Downtown Business Association and Veteran's Day Parade Association. Mr. Miller reported two requests have been received for waiver of fees, for the Veteran's Day Parade on November 8th and for the Mr. Downtown Event on November 1st. Application fees for Special Events are intended to offset processing costs, therefore, waiving of fees results in the General Fund subsidizing these costs. Staff recommends both requests for waiver of fees be denied. .... Mayor Strigotte opened the floor for comments from the following members of the Veteran's Day Parade Association who requested Council approve their request for waiver of fees: 1. Sheri Groth, 424 N. Spring Street, Lake Elsinore, 2. Archie Johnson, Association Chairman, 3. Rudy Kram, American Legion Post member, 4. Dick Batson, Association Vice-Chairman, 5. William Freeman, Veteran's Day Parade Director. Lengthy Council discussion followed regarding the cost in staff time involved in processing special events permit applications, the existing Ordinance, user-pay policy, possible exceptions for certain community events and need to review existing policy. MOVED BY DOMINGUEZ, SECONDED BY VERMILLION TO APPROVE REQUEST TO WAIVE SPECIAL EVENT APPLICATION FEES FOR THE VETERAN'S DAY PARADE ASSOCIATION AND DOWNTOWN BUSINESS ASSOCIATION FOR VETERAN'S DAY PARADE ON NOVEMBER 8, 1986 AND MR. DOWNTOWN EVENT ON NOVEMBER 1, 1986. ..- AYES: COUNCILMEMBERS: DOMINGUEZ, VERMILLION NOES: COUNCILMEMBERS: MATSON, WINKLER, STRIGOTTE MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED TO APPROVE REQUEST TO WAIVE SPECIAL EVENT APPLICATION FEE FOR VETERAN'S DAY PARADE ON NOVEMBER 8, 1986. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION NOES: COUNCILMEMBERS: WINKLER, STRIGOTTE MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED TO DENY REQUEST TO WAIVE SPECIAL EVENT APPLICATION FEE FOR DOWNTOWN BUSINESS ASSOCIATION FOR MR. DOWNTOWN EVENT ON NOVEMBER 1, 1986. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER NOES: COUNCILMEMBERS: STRIGOTTE 53. Conditional Exception Permit 86-9 - Atlantic Richfield - Appeal of Denial by Planning Commission for a Seventy-Foot High Freeway Sign. Mr. Molendyk reported that the applicant has requested this matter be continued to the next Council meeting. Staff recommends con- tinuance to October 14, 1986. ... MOVED BY VERMILLION, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO CONTINUE APPEAL OF DENIAL OF CONDITIONAL EXCEPTION PERMIT 86-9 TO OCTOBER 14, 1986. ..... ~ ~ N W m ~ ..... ..... 111 Page five City Council Minutes September 23, 1986 BUSINESS/DISCUSSION ITEMS - continued. 54. Tentative Tract Map 20296 - The Grayson Companies - Request for Extension of Time. Mr. Miller reported Tentative Tract Map 20296 was approved by Council on September 25, 1984 and is due to expire on September 25, 1986. A one-year extension of time has been requested by the project engineer. Staff recommends Council grant one-year exten- sion, changing expiration date for the map to September 25, 1987. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO APPROVE ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 20296, TO SEPTEMBER 25, 1987. 55. Residential Project 86-6 - Construction of tri-plex on two lots on Riverside Drive, sixty feet west of Robertson - Jim Moore. Mr. Miller gave an overview of Residential Project 86-6 and recommended Council adopt the Negative Declaration 86-43 and the findings and approve Residential Project 86-6, subject to forty-three (43) conditions recommended by the Planning Commission and Design Review Board. Council discussed concerns regarding possible traffic and circu- lation problems, quality of architectural and landscaping design. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED TO ADOPT NEGATIVE DECLARATION AND FINDINGS AND APPROVE RESIDENTIAL PROJECT 86-6, SUBJECT TO FORTY-THREE (43) CONDITIONS, AS FOLLOWS: FINDINGS: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. 2. The project, as conditioned, would comply with the design directives contained in section 17.82.060 and all other applicable provisions of the Municipal Code. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with condi- tions, have been 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 the site is located. CONDITIONS 1. Design Review Board approval will lapse and be void one year following date of approval. 2. All project conditions of approval are to be met prior to Building Division issuance of a Certificate of Occupancy and release of utilities. 3. 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. 4. All roof mounted equipment, trash areas, and ground support equipment shall be effectively screened from public view, subject to the approval of the Community Development Director. 5. All signage shall be by City Permit, as approved by the Com- munity Development Director. 6. All exterior on-site lighting shall be low pressure sodium and shielded and directed so as not to create glare onto neighboring property or streets. It3ge six C~ty Council Minutes September 23, 1986 BUSINESS/DISCUSSION ITEMS - Continued. 55. Residential Project 86-6 - Continued. 7. Existing Palm Trees may be used for street trees, if possible. 8. Building elevations shall be constructed as depicted on plans and/or as modified by Planning Commission or Design Review Board. Any proposed changes will require resubmittal to the Design Review Board. 9. All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. 10. All planting areas shall be separated from paved driveway areas with a six-inch (6") high concrete curb. 11. P1antings within ten-feet (10') of singular ingress/egress points shall be no higher than thirty-six inches (36"). - 12. Only Class "A" fire retardant roofing materials are to be used. 13. The on-site trash enclosure shall be constructed per City standards as approved by the Community Development Director, with materials to match the facade of the residential building. 14. Meet all County Fire Department requirements for fire protection. The applicant/developer shall provide written certification from the appropriate water company that the required fire hydrants are either exist- ing or that financial arrangements have been made to provide them. b) Install portable fire extinguishers as per NFPA, Pamphlet #10. a) - c) Final conditions will be addressed when building plans are reviewed in Building and Safety. 15. All required off-site improvements shall be completed prior to release of utilities and issuance of Certificate of Occupan~y for any units. 16. Applicant shall meet all applicable City Codes and Ordinances. Meet all requirements and the Lake Elsinore school overcrowding. Fees) . 18. All project slopes are not to exceed a maximum of 2:1 finished slopes and are to be treated with appropriate erosion control vegetational growth as proposed in the detailed Landscape Plan, and approved by the Design Review Board. 17. of the Elsinore Union High School District Elementary School District to offset Meet City Ordinance No. 588 (School Impact 19. A precise grading plan shall be reviewed and approved by the Chief Building Official. Interim erosion control measures shall be taken thirty (30) days after rough grading, as ap- proved by the Chief Building Official. 20. The project shall connect to sewer. 21. Meet the requirements of Riverside County Health Department. 22. Meet the requirements of Elsinore Valley Municipal Water District. - Page seven city council Minutes September 23, 1986 BUSINESS/DISCUSSION ITEMS - Continued. 113 55. Residential Project 86-6 - continued. 23. The mailboxes for the rental units on-site shall be archi- tecturally treated to soften the appearance of the hard edge "metal box" construction, with treatment to match the build- ing materials used in the development of the units, as ap- proved by the Community Development Director, which may include mailboxes built into wall. - 25. I'- U) C\I W CD 26. <t 27. 24. A conceptual landscape/irrigation plan shall be submitted for approval by the Director of Community Development which shall include the location of all trees to be preserved, and an adequate plan of landscaping and irrigation including imagina- tive use of the courtyard. The garage area shall be redesigned to allow a minimum clear space of 10' x 20' for each of the three (3) spaces. All garage spaces are to clearly identify parking spaces for each unit. To accomplish this, the spaces are to be numbered to correspond with rental units, as approved by the Community Development Director. A Lot Merger shall be completed before Certificate of Occupancy is issued. - A Hydrology Study shall be completed and submitted to the Director of Community Development, addressing the drainage issues of the area and showing plans for adequate site drainage. 28. The developer shall obtain an encroachment permit from Cal Trans, for the ingress/egress point and for permission to access sewer which is located across Riverside Drive. 29. Plans for street improvements shall be submitted to both the City and Cal Trans for final approval. 30. Curbing along Riverside Drive shall be painted red and be posted "No Parking", as per Cal Trans standards. 31. All windows shall be dual-glazed to mitigate noise levels emitted from the adjacent State Highway. A three foot (3') wall shall also be constructed along Riverside Drive to screen road noise, as depicted in plans. 32. The stairway shall be redesigned as depicted in Exhibit "B" to screen it's view from Riverside Drive or shall be screened with stucco wall as depicted in rendering. 33. Plans which provide acceptable architectural and landscaping enhancements along the front and side elevations shall be submitted prior to the issuance of Building Permits subject to the approval of the Community Development Director. 34. A six-foot (6') high fence shall be constructed along the side and rear property lines. - 35. Meet all requirements of Ordinance No. 571 (Chapter 12.08 of the Municipal Code. 36. Meet all requirements of Ordinance No. 572 and 764 per Cal Trans requirements (Chapter 16.34 of the Municipal Code) regarding public improvements for buildings and subdivisions. 37. Meet all requirements of Ordinance No. 636 (Chapter 15.72 of the Municipal Code) regarding grading. 38. Meet all requirements of Ordinance No. 529 (Title 16 of the Municipal Code) regarding subdivisions. It4ge eight c~ty Council Minutes September 23, 1986 BUSINESS/DISCUSSION ITEMS - Continued. 55. Residential Project 86-6 - Continued. 39. Meet all requirements of Resolution No. 83-78 regarding fees for encroachment permits. 40. Meet all requirements of Resolution No. 77-39 regarding capital improvement fees and engineering plan check fees for other than subdivisions. 41. Meet all requirements of Resolution No. 83-12 regarding instal- lation of improvements as a condition of building permits. - 42. Dedicate underground water rights to the City of Lake Elsinore or its designee per Ordinance No. 529. 43. Applicant shall provide a stop sign architecturally acceptable by the Community Development Director. BUSINESS ITEMS 56. Exchange of Property Between the City of Lake Elsinore and Robert Williams. Mr. Gilbert reported that in July Council agreed with the concept of exchanging a City-owned property at Casino and Mill Street for a parcel at 32172 Machado Street owned by Robert Williams. In August, Council directed staff to initiate title and appraisal work on the City-owned parcel. Mr. Gilbert gave a status report on the project and recommended that Council authorize staff to proceed with title, appraisal and other necessary work as follows: 1) Obtain written consent from Caltrans to vacate or sell Parcel A. '-' 2) Vacation of Parcel B (currently within Casino right-of-way). 3) Final preparation of a deed for Parcels A and B. 4) Review title and appraisal on Machado parcel. 5) Negotiate preliminary terms and conditions of property transfer. 6) Selection of an escrow agent. 7) Preparation of escrow documents. 8) Final Council approval. Lengthy Council discussion followed. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO OBTAIN CONSENT FROM CALTRANS TO VACATE PARCEL 'A' AND OBTAIN VERBAL INFORMATION FROM TITLE COMPANY REGARDING PARCEL 'B' (CURRENTLY WITHIN CASINO DRIVE RIGHT-OF-WAY), PRIOR TO EXPEN- DITURE OF FUNDS. FUNDING TO BE ALLOCATED THROUGH THE REDEVELOPMENT AGENCY. - 57. Term of Contract - Refuse Collection. Mr. Mo1endyk reported that Mr. Paul Block, representing Jess ROdriguez submitted a letter today, requesting this item be continued for thirty (30) days in order to give the Disposal Association an opportunity to review the contract. He recom- mended Council continue hearing of this item until October 28, 1986. 115 Page nine City Council Minutes September 23, 1986 BUSINESS ITEMS - continued. 57. Term of Contract - Refuse Collection - Continued. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO CONTINUE REVIEW OF REFUSE COLLECTION CONTRACT TO OCTOBER 28, -- 1986. ~ ~ N W m ~ -- -- 58. Mayor Strigotte requested this contract be reviewed by the Finance Committee prior to being placed on another Council agenda. Weed Abatement and Other Programs. Mr. Gilbert gave an update on the Weed Abatement Program and re- ferred to the budget amendment necessary. Other possible budget amendments were reviewed, including one-time capital outlay projects, capital projects and cost of Christmas display. Staff recommended adoption of Resolution No. 86-64, with amendments if Council chooses to include additional budget amendments. MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ TO APPROVE RESOLUTION NUMBER 86-64. Lengthy Council discussion followed in an effort to clarify. MOTION WITHDRAWN. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED TO ADOPT RESOLUTION NUMBER 86-64. AS PRESENTED, INCLUDING ADDITION OF ONE MAN-YEAR AND WEED ABATEMENT RELATED EXPENSES ONLY. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER NOES: COUNCILMEMBERS: VERMILLION, STRIGOTTE CITY MANAGER COMMENTS Mr. Molendvk: 1) Reported that the viscious dog problem which was discussed at length at the last Council meeting, has been resolved. 2) Called upon Ron Kirchner who gave a status report on the stree~ maintenance, slurry seal program. 3) Requested Council set a date for a Joint Study Session with City Council, Redevelopment Agency and Planning Commission. No date was agreed upon. 4) A report on City-Owned property is in progress and will be presented at the October 14th Council meeting. CITY COUNCIL COMMENTS Councilman Winkler: 1) Complimented staff on their work with the T and S Development Project. Councilman Matson: 1) Commented that the Special Events Ordinance should be reviewed and possibly amended. Staff to follow-up. 2) Commented on businesses selling gasoline and liquor on the same premises. In cities which prohibit this practice, as ours does, businesses have sued, claiming this regulation constitutes discrim- ination. He requested staff review our new Title 17 Ordinance. 116 Page ten City Council Minutes September 23, 1986 CITY COUNCIL COMMENTS - Continued. Councilman Matson - Continued: 3) Reported on his meeting with the Downtown Business Association. 4) Reported on Public Works Committee activities. Mr. Kirchner is following-up on several street improvement recommendations. Councilman Dominquez: - 1) Reported on a Transportation Seminar which he attended last week. Councilman Vermillion: 1) suggested that Ca1trans abandon existing Highway 74 along Riverside Drive and re-route along Railroad Canyon Road, across the lake bed to the Ortega Highway and connect to Highway 74 again at that point. 2) Stated that he objects to the Lake Management model being displayed in the Council Chambers and taking up space. He asked it be located elsewhere. Mayor Striqotte: 1) Directed Councilman Matson to meet with local civic organizations on Tuesday, september 30 at 4:30 p.m., to review Special Event Permits. 2) Announced a Groundbreaking Ceremony on October 21st at 11:00 a.m. for the new County Jail facility. Councilmembers were urged to attend. 3) Inquired about the status of striping on Quail Drive. Mr. Kirchner stated this project has been scheduled. .... ADJOURNMENT MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 9:20 P.M. ~ 1: jt::~ Y: ON~STRIGO~, MAYOR CITY O~ LAKE ELSINORE ATTEST: J .~~~A Oliver, ity Clerk -