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HomeMy WebLinkAbout01-24-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 24, 1995 - ....................................*..................*......... CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Sheriff's Lt. Kim Garthwaite. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Sapp, City Planner Leslie, Chief Building Official Russell, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Kelley and City Clerk Kasad. - PRESENTATIONS/CEREMONIALS a. Introduction of New Police caDtain - John Bovd. (F:127.2) b. Sheriff Larry Smith explained the upcoming Sheriff's Department Reorganization and the reason for the changes. He introduced his staff members being Bob Doyle, Rick Sayer and Randall Yankee and explained their new responsibilities. He read and presented a departmental Gold Star Award to Captain Yankee. He noted that the new leadership for the department are all former Lake Elsinore officers. He introduced the new Lake Elsinore station Commander and city of Lake Elsinore Police Chief, Captain John Boyd and detailed his background. Captain Boyd thanked the City Council for the opportunity to serve the Community and noted that he began his career 23 years ago this date. Mayor Washburn noted the depth of the department pledged to assisting Lake Elsinore and commended the past service and looked forward to the future service by the Sheriff's Department. Proclamation - Vicar Ned Kelloga - st. Andrews bv the Lake. (F: 122 .1) Mayor Washburn read and presented a Proclamation to vicar Ned Kellogg commending his efforts in the Communi ty. Vicar Kellogg thanked the Council for this recognition and noted his en;ovment of workina in th~ C~mmun;tv_ H~ nnT~n Th~ nn~;T;U~ - PAGE TWO - CITY COUNCIL MINUTES - JANUARY 24, 1995 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5 and 6. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO - APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:44.4) a. Special Joint City Council/Redevelopment Agency Meeting - January 6, 1995. b. Regular City Council Meeting - January 10, 1995. The fOllowing Minutes were received and ordered filed: c. Planning Commission Meeting - December 21, 1994. (F:60.3) d. Planning Commission Meeting - January 4, 1995. e. Design Review Committee Meeting - December 21, 1994. (F:60.4) f. Design Review Committee Meeting - January 4, 1995. 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for December, 1994. (F:18.2) 3. Ratified Warrant List for January 13, 1995. (F:12.3) -- 4. Approved Amendment to Law Enforcement Contract for the balance of this fiscal year. (F:68.1) ITEMS PULLED FROM CONSENT CALENDAR 5. Cost Recoveries for Abatement: (F:32.4) a. 17584 Lawrence - Oma Slavick. b. 30181 Riverside Drive - Seiberling. Mayor Pro Tem Bender indicated that he pulled this item to keep the public advised of the funds expended to correct problem properties and beautify the community. He stressed that the properties being discussed tonight are both owned by out of town property owners. He expressed concern that those owners are not keeping an eye on their properties or maintaining them properly. MOVED BY BENDER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERIES AND AUTHORIZE THE PLACEMENT OF SPECIAL LIENS AGAINST THE ANNUAL TAX BILL THROUGH THE RIVERSIDE COUNTY TAX COLLECTORS OFFICE. PAGE THREE - CITY COUNCIL KINUTES - JANUARY 24, 1995 - for territory generally located south of Lash Avenue; north of Lincoln Avenue; west of Machado street; and east of Dryden street, Clement street and the termini of Zieglinde Drive, Le Gaye street and st. pierre Land (commonly referred to as the "Hammerhead" area). b. Zone Chanae 94-3 - City of Lake Elsinore. (F:172.2) A change of zone for the majority of the territory along Larson street and two linear shaped parcels fronting Lincoln street from R-1, Single-Family Residential to R-A, Agricultural Residential. c. Zone Code Amendment 94-3 - city of Lake Elsinore. (F:172.2) Amendment to section 17.20.060 (Agricultural Residential [R-A] Development standards) to include specific criteria governing the subdivision of lots adjacent to lot larger in size and/or within a lower density zoning district. Mayor Washburn noted a request to speak on item no. 6. c. and clarified that this is a procedural item to set the public hearing and the actual hearing will occur at the next meeting. KOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIKOUS VOTE TO APPROVE THE PUBLIC HEARING DATE OP PEBRUARY 14, 1995, POR THE ABOVE LISTED OTTERS. - PUBLIC HEARING 21. An Ordinance Extending Ordinance No. 976 (Ordinance Extendina Moratorium rOrdinance No. 974) Prohibitina Adult Uses. (F:34.1) City Attorney Harper reminded the Council of the previously approved Moratorium relating to Adult Businesses and explained that staff is continuing to develop an appropriate ordinance. Mayor Pro Tem Bender noted that while he could not envision the Council being supportive of this type of business; he questioned whether the City would be on sound legal ground with this Ordinance. City Attorney Harper confirmed that this type of action has been upheld on numerous occasions. He also noted that it will probably be less than the term of this moratorium extension to complete the ordinance and bring a final draft back to the Council. -- Councilman Alongi inquired whether there would be a study Session on this Ordinance before the final one is adopted. City Planner Leslie indicated that while this is in the draft form at this time; the completion of the final draft might be a good time for a Study Session. He explained the difficulty of the Ordinance is that specific areas where this use would be allowed must be designated; and this requires a thorough 1"OU;Ot.7 noF ~no ~n1'\;1'\i"f f'l;~u_t.7;;lo PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 24, 1995 Hearing no additional requests, the public hearing was closed at 7:22 p.m. MOVED BY BRINLEY, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 990: ORDINANCE NO. 990 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, EXTENDING FOR ONE YEAR A MORATORIUM ON ADULT BUSINESS USES PENDING A CONTEMPLATED ZONING STUDY. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILKEKBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILKEKBERS: NONE ABSENT: COUNCILKEKBERS: NONE ABSTAIN: COUNCILKEKBERS: NONE BUSINESS ITEMS 31. Revision of Nuisance Abatement Hearinq Process. (F:32.4) City Manager Molendyk explained this item and noted that the existing ordinance designates the city Manager to appoint the Board. He further noted that the Councilmembers have served in this capacity for a number of years. He explained that similar concerns have arisen as those for the Design Review -- Committee, particularly that members of the review panel also participate in the event of an appeal. He clarified that as proposed the staff would serve as the hearing body with the Planning Commission hearing appeals, and no participation by the City Council. Councilman Alongi indicated that he would like to see the possibility of appeal to the City Council, as a last resort. He suggested that appeals carry an appropriate appeal fee. He commented that this would help to remove the elected official from counterproductive efforts. He further commented that staff is capable of handling the hearings and reducing the conflict between the Councilmembers. Mayor Pro Tem Bender questioned the review board makeup and expressed concern with a three step process. He suggested that with the appeal to the city Council it might take the process back where it started. He suggested that it might be better to completely removed the elected officials. Councilwoman Brinley questioned whether two appeal fees would be required; and suggested that in this case the appeals _"'_....,~ _.__ _. .\..._ '1"'\'___':__ ",___..:__.:__ ,____, PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 24, 1995 - Mayor Washburn indicated that having served on the board for approximately four years, he has observed it to work fairly well, but he would not be opposed to a change. He concurred with Councilman Pape on the limitations of the appeal process. He indicated that he would not have a problem with going back to staff handling the initial hearings, but would prefer appeal to the Council. He expressed concern with the Planning Commission being in the middle of the process. Mayor Pro Tem Bender inquired whether staff hearing the proceedings and Planning Commission handling appeals would addressed the concerns expressed by Councilman Alongi. Mayor Washburn commented that normally this process would be o.k., but the Council will always be lobbied by unhappy property owners. He indicated that he feels that the Council should be the last stop. Councilwoman Brinley suggested the possibility of two Planning Commissioners on the hearing board with staff, with appeals to the City Council. Councilman Alongi indicated that he would not have a concern with the Planning commission on the hearing board, if the appeals are not heard by the Planning Commission. - Mayor Pro Tem Bender suggested that having the staff on the hearing board with appeals to Council might not remove the politics from the issues. Councilman Alongi stressed that one of the responsibilities of elected office is to serve as a representative for the public. He indicated that he did not see the politics if the entire Council was to hear the appeal, but noted that all of the responsibilities of Council are somewhat political. City Attorney Harper clarified that the purpose of the appeal board is to provide for due process. He expressed concern with the possibility of Councilmembers being approached before a formal Council hearing; and particularly with Councilmembers discussing such an issue outside the hearing process. He reiterated that Council should avoid any discussion prior to discussion during a Council meeting. MOVED BY BRINLEY, SECONDED BY PAPE TO DESIGNATE TWO PLAnING COMHISSIONERS TO PARTICIPATE WITH STAFF ON THE INITIAL ABATEMENT HEARINGS, WITH STAFF TO FILL IN WHEN PLAnING COMHISSIONERS CAN NOT BE PRESENT; APPEALS TO THE DECISION OF THE HEARING SHALL BE HEARD BY THE CITY COUNCIL. - Mayor Pro Tem Bender expressed confusion with the motion and inquired of Councilman Alongi with regard to his statement about politics of items before the Council. ~nt1n~;lm::ln 711,",1",,"'r; ;"A';""::Il~.oA +-""'~.... ....h~~~ T......lI!"!!t.......ft. ~""""""~.....~..._ .:__..___ PAGE SIX - CITY COUNCIL MINUTES - JANUARY 24, 1995 Councilwoman Brinley commented that she believed the Planning Commission would be a good approach, because they are well versed in the laws and would do an excellent job. Councilman Pape concurred with Councilwoman Brinley that the Planning commissioners would have more expertise for this process. He also suggested the possibility of having a list of citizens available who could serve as alternates for the -- Planning Commission. Mayor Washburn disagreed with the use of private citizens as alternates. Councilwoman Brinley called for the question. Mayor Pro Tem Bender reiterated the suggestion that there should be less politics in the process; and requested that the motion be repeated. Councilwoman Brinley repeated the motion. THE MOTION WAS AMENDED WITH CONSENT OF THE SECOND TO ALLOW FOR ROTATION OF THE RESPONSIBILITY AMONG THE PLANNING COMKISSIONERS. City Manager Molendyk requested clarification as to whether there would be a fee for appeals to Council. Councilwoman Brinley confirmed that she would anticipate a nominal fee. City Manager Molendyk requested and received clarification that this responsibility would be rotated among the Planning commissioners and this service would be without compensation or stipend. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. ..-. 32. Lake Closure/Waiver of Soeed Limit and Waiver of Tow Rooe Length. (lj':151.1) (X:92.1) city Manager Molendyk explained this request and noted the success of the related events last year. He noted that this request is for three weekends in the 1995 season. He also noted that the representatives of the organization had a emergency and could not attend this meeting to answer questions. Mayor Washburn concurred that these were extremely successful events last year. MOVED BY BRINLEY, SECONDED BY PAPE TO 1) APPROVE A TOTAL LAKB CLOSURE FOR APRIL 22 AND 23, 1995 FOR THE NSWSA WATER SKI MARATHON; 2) APPROVE PARTIAL LAKE CLOSURE FOR JUNE 10 AND 11, AND SEPTEMBER 23 AND 24, 1995 FOR THE NSWSA CIRCLE RACES; 3) WAIVE THE BOAT SPEED LIMITS AS DEFINED IN THE LAKE ELSINORE MUNICIPAL CODB SECTION 9.96.120 FOR THESB EVENTS; AND 4) WAIVE THB SKI TOW ROPE LENGTH OF 75-FEET AS DEFINED IN THE LAKE ELSINORE MUNICIPAL CODE SECTION 9.96.090 FOR THESE EVENTS. Mayor Pro Tem Bender noted that he attended most of these _...__.._ , __.. ...___ __~ .&:_..._....:1 ...."'__ ...._ ""_ ....__.,. _...._.:.....: __ __~ __...._,:I! PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 24, 1995 -- Mayor Washburn suggested that Community Services Director Sapp address this type of activity with the Chamber. Mr. Sapp indicted that he has a meeting with the Save the Lake Committee on Friday and can discuss the possibilities at that time. THE FOREGOING MOTION CARRIED BY UNANIMOOS VOTE. THE CITY COUNCIL MEETING WAS RECESSED AT 7:45 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:47 P.M. POBLIC COMMENTS - NON-AGENDIZED ITEMS - Ace Vallejos, 15231 Cobre Street, expressed his personal op~n~on with regard to the City'S financial stability. He commented that the Stadium lost money and every time it is refinanced it costs more. He suggested the possibility of City staff cutbacks and utility taxes to solve the problems. Mariana MOhylyn, 305 W. Sumner, inquired whether the Council would expand the speaking limit to five minutes or whether a petition would be required. She commented on the plight of the homeless in this community and stressed the health and safety concerns for the homeless. She suggested the expenditure of funds to provide a shelter in the community. Chris Hyland, 15191 Wavecrest Drive, commented on a long distance call she received and questioned the ability of a Councilmember or staff member to go on side trips as part of a City business trip. She noted the potential costs involved and expressed concern in light of prior discussions of Councilman Alongi's use of a City car. She also noted a recent editorial in the Press Enterprise and stressed the role of elected officials. CITY MANAGER COMMENTS City Manager Molendyk thanked the Public Works staff for their efforts during the recent rains and reminded the community that rains are anticipated to continue in February and March. He noted that staff will be available at the yard until 7: 30 p. m. this evening and sandbag are still available. CITY COUNCIL COMMENTS - Mayor Washburn announced that the current lake elevation is approximately 1255'. Mayor Washburn also announced that the entire City Council attended a League meeting in Sacramento last week and met with the local representatives. He indicated that during meetings with Assemblyman Thompson and Senator Haynes the Lake, its master plan and future funding were discussed. He stressed the effectiveness of this trip. "^""",,..,,z,___ ~,___.! ___ PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 24, 1995 3) Announced tha t L. E. A. F. held a shot cl inic on January 21st and does so every third Saturday from 1:30 to 4:30 at the Animal Shelter. He noted that licenses and information on spaying and neutering is also available. 4) Addressed Mayor Pro Tem Bender's comments regarding nuisance abatement and out of town property owners. He stressed the importance of local and out of town owners maintaining their property. - 5) Questioned the process for special events. noting his understanding that returning events, with the same conditions would not require council approval every time. He suggested that the City Manager be give the authority to approve the events and authorize the Lake to be closed down if necessary. 6) Noted a recent article in the Press Enterprise with Code Enforcement serving an eviction notice. He suggested that the negligent property owners be required to pay for housing in situations such as this. He commented on the need for a program to assist the homeless and suggested that efforts be started through the use of C. D. B. G. funds. Councilman Pape commented on the following: 1) Noted that the employees of the Esprit Store at the Outlet Center, have offered to assist with Graffiti removal in the Community. He commended this offer of assistance and noted that if other groups are interested in this type of effort, the city will supply paint and rollers for the volunteers. He again thanked the employees of Esprit. ..... Councilwoman Brinley commented on the following: 1) Thanked City staff for their efforts during the recent rains and noted the positive comments she has received in regard to these efforts. 2) Noted that the meetings in Sacramento were very informative and the opportunity to meet with the legislators was a good experience. She further noted that the legislators were very positive in their response and are willing to assist where possible. Mayor Pro Tem Bender commented on the following: 1) Announced that the Friends of the Library/Storm Baseball Team will hold a fundraising Buffet and Sports Auction on February 10th at the Diamond Club. More information is available at 245-HITS. ")\ 1\........."'""..'l___~ ."'_ ,.."'__\....__ _~ ,,_______ T__._" _..:__ PAGE NINE - CITY COUNCIL MINUTES - JANUARY 24, 1995 - Harper noted recent discussions and explained recent litigation in this area. Mr. Bender noted that this was intended as food for thought. Mayor Washburn suggested that this might be an area to look at initiating legislation and working through the lobbyist. 4) Addressed the Sacramento Trip and noted that it was a good learning opportunity for all five Councilmembers to meet with the legislators and explain where the City is going. He also noted the benefit of interacting with elected officials from other local cities. 5) Reiterated and clarified his campaign slogan of "Progress with Harmony". Mayor Washburn commented on the following: 1) Noted prior discussions of innovative revenue sources; indicating that in cases where repeated police calls are required to a single address, the owners should be charged back for the costs. He further noted that this might be another area to pursue legislation. CLOSED SESSION a. Lake Elsinore Associates vs City of Lake Elsinore - Case #200767. - THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:15 P.M. TO DISCUSS THE ABOVE MENTIONED LITIGATION. THE CITY COUNCIL MEETING RECONVENED AT 8:46 P.M. NO ACTION TAKEN. ADJOURHMEHT MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNABIMOUS VOTE GARY WASHBURN, MAYOR CIT 0 LAKE ELSINORE ;:rST: dil CV t VICKIKkS~ CLERK CITY OF LAKE ELSINORE