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HomeMy WebLinkAbout04-14-1987 City Council Minutes 272 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 14, 1987 *************************************************************************** ...... CALL TO ORDER The Regular meeting of the City Council was called to order by Mayor Strigotte at 7:01 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 Director Miller, Administrative Services Director BarriCk, Public Services Director KirChner, and City Clerk Kasad. .- CEREMONIALS A. Former City Clerk Jo Ann Oliver administered the Oath of Office to new City Clerk vicki Lynne Kasad. Mayor Strigotte gave a brief summary of Roger and Dolores Mayhall's contributions to the City of Lake Elsinore. B. Mayor strigotte read a Proclamation honoring Roger Mayhall for his years of dedication and service to the community and presented him with a City Tile Plaque. C. Mayor Strigotte read a Proclamation honoring Dolores Mayhall for her committment to the community and presented her with a Key to the city. PUBLIC COMMENTS 1. - . Reverend Peter Sirolli, 27720 Goetz Road, Quail Valley, repre- senting the New Life in Christ Church, stated upon direction from the City Council he has attempted working with staff to resolve his problem with finding a location for his church. He feels he is still getting a negative reaction from staf! because of the fees that would be required to go through the process to get a Conditional Use Permit to allow a church in the C-1 zone. He also felt that the parking requirements that would be imposed were unfair. ...... 213 Page 2 - City Council Minutes - April 14, 1987 2. Scott Fawcett, 3835 Birch Street, Newport Beach, representing Marinita Development Company, requested permission to speak later in the meeting on the subject of the General Plan Land Use Goals and Objectives. Community Services Director Miller explained that this issue missed the publication date to be heard as a public hearing tonight, so it has been postponed to the April 28, 1987 City Council meeting. CONSENT CALENDAR The following item was removed from the Consent Calendar for further consideration and discussion: Item No. 8 MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE ~ TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. JO ~ 1. The following Minutes were approved: !"":) ~ a. March 24, 1987 - Regular City Council Meeting o b. March 26, 1987 - Adjourned City Council Meeting The following Minutes were received and filed: c. March 17, 1987 - Planning Commission Meeting 2. Received and filed Animal Control Activity Report for the Month of March, 1987. - 3. Received and filed Building Activity Report for the Month of March, 1987. 4. Ratified Warrant List for the Month of March, 1987, in the amount of $343,274.50. 5. Authorized expenditure of $74,000 in Revenue Sharing funds and advertisement for bids on the Lakeshore Drive Parkway Landscaping Project. 6. Adopted Resolution No. 87-16 - Implementing Salary Survey for the General Employee Bargaining Unit. RESOLUTION NO. 87-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING RESOLUTION 86-44 REGARDING COMPENSATION FOR ALL CLASSES OF EMPLOYMENT IN THE GENERAL EMPLOYEES BARGAINING UNIT AND ADOPTING REVISED CLASS TITLES AND COMPENSATION BENEFITS FOR SAID CLASSES. 7. Adopted Resolution No. 87-18 - Converting Fraser Street between st. Charles Place and Lakeshore Drive to two directional traffic flow. - RESOLUTION NO. 87-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DESIGNATING FRASER DRIVE FROM ST. CHARLES PLACE TO LAKE SHORE DRIVE AS A TWO WAY STREET. 9. Approved Amendment to Low Interest Loan Agreement for an extension to June 11, 1988. 274 Page 3 - City Council Minutes - April 14, 1987 10. Received and filed Capital Project status Report on City and Redeve1ment Agency Projects. 11. Accepted Quitclaim Deed for Water Rights on Commercial Project No. 86-5 for Burger King. 12. Accepted Quitclaim Deed for Water Rights on Tract 20313 for Arthur Nelson. 13. Accepted Quitclaim Deed for Water Rights on Residential Project at 15083 Lincoln for George C. Jaggers. -... 14. Accepted Quitclaim Deed for Water Rights on Commercial Project No. 85-11 for zizi Carasimu. 15. Approved date of April 28, 1987 for public hearing on: a. Tentative Tract No. 20139 Revised - The Grayson Company Revision of existing Tentative Tract Map - Southwest corner of Ortega Highway and Grand Avenue. ITEM REMOVED FROM CONSENT CALENDAR 8. Request for change in the terms of the Lease for a portion of City Hall. City Manager Molendyk clarified that the proposal currently before the City Council for approval requests an increase of $100 per month and a change from 30% to 15% credit of rental paYments toward purchase of the building. Councilman Dominguez stated that he feels we should either attempt to purchase the building or renegotiate to retain the existing 30% rate of credit toward purchase. City Attorney Harper stated that he has already prepared the new lease agreement however, if it is the Council's wish he can work the owners and staff to renegotiate the requested changes. -.. MOVED BY COUNCILMAN DOMINGUEZ, SECONDED BY COUNCILMAN WINKLER AND CARRIED BY UNANIMOUS VOTE THAT CITY ATTORNEY HARPER AND STAFF WORK WITH THE OWNERS TO DETERMINE WHAT OUR OPTIONS ARE AND RETURN WITH MORE INFORMATION AT THE APRIL 28, 1987 MEETING. PUBLIC HEARINGS 31. General Plan Amendment 87-1 and Zone Chanqe 87-1 - Robert Wong Request to change the General Plan Land Use designation from Limited Industrial and Floodway Fringe to Commercial Manufacturing and to change the zoning from M-1 (Limited Manufacturing) to C-M (Commercial Manufacturing) on 15 acres located at the southwesterly corner of Collier Avenue and Riverside Drive. Community Development Director Miller gave clarification that the original proposal was for a 47 acres, however, due to a portion of the area being in the floodplain, it has now been reduced to 15 __ acres. Mayor Strigotte opened the public hearing at 7:25 p.m., asking those in favor of General Plan Amendment 87-1 and Zone Change 87-1 to speak. 215 Page 4 - City Council Meeting - April 14, 1987 Mr. Robert Wong, 1200 Westmont Drive, Anaheim, applicant, reviewed his proposed development, and showed drawings of other developments of this type he has completed in the past. He also explained the importance of the C-M zoning designation-to provide flexibility in renting the completed buildings. Mayor Strigotte asked anyone in opposition to this project to speak. Hearing no one, the public hearing was closed at 7:31 p.m. The city Clerk reported no written comments or protests. Mayor Strigotte requested clarification on the reason for exclusion of a portion of the acreage not included in the drawings. Community Development Director Miller clarified that property was not included in the project for two reasons one because of a parcel break and two it would bring it up to the point where the floodplain begins and to alleviate problems in a potential environmentally sensitive area. ~ MOVED BY MATSON, SECONDED BY VERMILLION, AND CARRIED BY UNANIMOUS VOTE TO ~ ADOPT THE FINDINGS LISTED BELOW: '-:J ~ FINDINGS o 1. No significant adverse environmental impacts will result from the proposed project. 2.- All Commercial-Manufacturing districts should be located along major streets and the requested location meets this requirement. 3. It is the policy of the city to create a balance of land use in the planning area and the requested change will help accomplish this. 4. That State law requires zoning to be consistent-to the General Plan thus both requests must be approved to maintain consistency. ADOPT NEGATIVE DECLARATION 87-1, APPROVE THE GENERAL PLAN AMENDMENT 87-1, ADOPT RESOLUTION NO. 87-19 Councilman Winkler clarified that this motion was to adopt a portion of Resolution No. 87-19 with the remainder pertaining to General Plan Amendment No. 87-2 to be considered next. RESOLUTION NO. 87-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1987. APPROVE ZONE CHANGE 87-1 AND APPROVE FIRST READING OF ORDINANCE NO. 792. ORDINANCE NO.792 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING APPROXIMATELY 15 ACRES ON THE SOUTHWESTERLY CORNER OF RIVERSIDE DRIVE ADN COLLIER AVENUE FROM M-1 (LIMITED COMMERCIAL) TO C-M (COMMERCIAL MANUFACTURING) ZONING DISTRICT (ZONE CHANGE 87-1 - ROBERT WONG) 276 Page 5 - City Council Meeting - April 14, 1987 APPROVED UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE General Plan Amendment 87-2 - Jeff Juhasz, Nick Nash, Jr., Georqe Jenkins '- 32. Request to change the General Plan Land Use designation from Medium Density Residential to High Density Residential on three uncontinuous parcels, totaling 0.42 acres, one parcel located on Quail Drive and two located on Nashland Avenue. Community Development Director Miller explained that these three parcels are the only vacant parcels in an existing tract of of High Density uses which would be consistent with the High Density Residential designation and the existing zoning of the area is R-3 (Multiple Family Residential). The existing general plan designation is inconsistent with the zoning and this request would bring the general plan and zoning into consistency with each other. The City Clerk reported no written comments or protests. Mayor Strigotte open the public hearing at 7:35 p.m., asking those in favor of General Plan Amendment No. 87-2 to speak. No on asked to speak. Mayor Strigotte asked those in opposition to speak. Hearing no one the public hearing was closed at 7:36 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE FINDINGS LISTED BELOW: -- Findinqs 1. The project will not result in any significant adverse impact upon the environment. 2. The present General Plan Land Use designation of Medium Density Residential would allow for the construction of only one (1) single unit per lot, which would be inconsistent with the current land use of the area. 3. The General Plan High Density Residential Land Use designation would provide the appropriate mechanism to ensure compatible land use utilization in relationship to the surrounding residential uses established in the area. 4. The proposal would result in compatible zoning and General Plan designations, which would be in compliance with State Zoning and Planning Laws. ADOPT NEGATIVE DECLARATION 87-2, APPROVE GENERAL PLAN AMENDMENT 87-2 AND TH PORTION OF RESOLUTION NO. 87-19 THAT IMPLEMENTS GENERAL PLAN AMENDMENT 87-2 -- Page 6 - City Council Meeting - April 14, 1987 277 33. Amendment 87-1 - city of Lake Elsinore - Ordinance No. 791 Second Readinq. To amend Title 15, Chapter 64 of the Municipal Code regarding Flood Hazard Areas to comply with changes in floodplain management criteria to the National Flood Insurance Program. - I'- LD C\I W en <C Community Development Director Miller explained technical infor- mation requested at the last Council Meeting, relating to finished floor elevations of structures in comparison with water level elevations required by F.E.M.A. He also gave information on the reasoning behind the safety margin suggested by staff to be built into our Ordinance. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:40 p.m. asking those those in favor of Amendment No. 87-2 to speak. No one asked to speak. Mayor Strigotte asked anyone in opposition to this to speak. Hearing no one the public hearing was closed at 7:41 p.m. Extensive Council discussion focused on the variables with regard to the elevation requirements within the floodplain, allowances for septic tanks, further F.E.M.A. review, and Chapter 15.68 already in the Municipal Code. Community Development Director Miller clarified that this is for the most part a clean up of the existing code. He further clarified that this material would pertain to residential structures, and that non- residential structures would be considered separately based on flood- proofing measures that would be used. -- Councilman Winkler requested clarification from City Attorney Harper as to a possible Conflict of Interest with regard to his ownership of property in the area. City Attorney Harper advised that there was no conflict in this situation because it does not have a material financial effect on his property owned and it would have no more financial effect on Council than it would on the public in general. MOVED BY MATSON, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 791: - ORDINANCE NO. 791 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFONRIA, RESCINDING EXISTING CHAPTER 64 OF TITLE 15 TO SAID CODE WHICH SHALL BE KNOWN AS "FLOOD HAZARD AREA". UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION 34. Weed and Rubbish Abatement Declaration of Weeds, RUbbish, Refuse and Dirt as a nuisance and ordering notice to be sent to property owners and set a public hearing for protests for April 28, 1987. Page 7 - City Council Meeting - April 14, 1987 278 Community Development Director Miller offered to answer any questions the Councilmembers might have and advised that following this approva we will be sending out approximately 5,000 notices to abate, and running two ads in the local newspaper to advise residents of this action. Mayor Strigotte opened the public hearing at 8:03 p.m. The City Clerk reported no written comments or protests. Mayor Strigotte asked for anyone in favor of this matter to speak. No one asked to speak. ...- Mayor Strigotte asked for anyone against the matter to speak. Heari no one the public hearing was declared closed at 8:04 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 87-20 RESOLUTION NO. 87-20 A RESOLUTION 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 OF OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASESSMENTS AGAINST ABUTTING PROPERTY OWNERS. AND SET A PUBLIC HEARING FOR APRIL 28, 1987 TO CONSIDER PROTESTS. .... 35. 13TH YEAR PROGRAM = COMMUNITY DEVELOPMENT BLOCK GRANT Allocation of funds for Proposed Remodeling of the Community Center; Allocation of funds for Campfire, Inc. City Manager Molendyk advised that requests have been received from Campfire Girls for $10,000 and a request for $10,000 for Suicide Prevention. Public Services Director Kirchner advised that under findings there was a correction that it is permissible to use more than 10% of our local funds for service oriented activities the 10% allocation applie to the total county share. That 10% of the County share amounts to $590,000. Also in discussion with the Community Development office in Riverside today, there is a question about Item C in the Campfire Girls request in that it may be an ineligible activity because the Park & Recreatio Dept. is currently funding those types of activities for Campfire. Mayor strigotte opened the public hearing at 8:07 p.m. The City Clerk reported no additional written comments or protests. Mayor Strigotte invited the public to address the Council on this mat The following people spoke: .... Page 8 - City Council Meeting - April 14, 1987 279 Allen Baldwin, 16495 Lash street, spoke about social services needed in this area. Spoke in favot of an allocation of at least $10,000 for suicide prevention, not only for those in contemplation of suicide but for the family and friends left behind. He foresees the allocation as a one time start up funding. Donna Bush, 161 South Main Street, Carriage Auto Body, encouraged Council to fund the Suicide Prevention Program to include a Drug Abuse Prevention Program. Mayor Strigotte closed the public hearing at 8:12 p.m. Mayor Strigotte explained that thie suicide prevention is a special project that the Public Safety Commission studying and working toward development of a program. that this should be a set aside of funds to be givern upon program approval by the Council. program has been Clarified contingent ~ ~ N W m ~ Council discussion centered on making award of monies contingent upon program approval by the Council. Also discussed working on a Countywide basis to get additional funding. Councilman Vermillion suggested that the majority of the funding be allocated to the proposed remodeling of the Community Center. MOVED BY STRIGOTTE, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO ALLOCATE $10,000 FOR A SUICIDE AND DRUG PREVENTION PROGRAMS TO BE BROUGHT BACK TO COUNCIL FOR CONSIDERATION PRIOR TO THE ALLOCATION OF THE FUNDS; AND THE BALANCE OF THE CITY'S ALLOCATION TO BE USED FOR REMODELING OF THE COMMUNITY CENTER. ..... BOARD OF APPEALS Appeal of Abatement Order for Airport Hangers, located at 20701 Cereal Street - Whitestone Properties. Continued from meeting of December 9, 1986. Community Development Director Miller explained that previously this matter was considered in conjunction with a Conditional Use Permit for the rehabilitation of one of the hangers. One of the hangers in question has been removed and some gasoline tanks, however the Conditional Use Permit has expired and no permits have been pulled for the requested rehabilitation and no work has commenced. It has been indicated to staff that there has been a legal change of ownership and that there has been a legal change of ownership and if Council wished to continue with the abatement action it is recommended that a new abatement order be initiated. ----- Mayor Strigotte asked if anyone was present from the airport. The following person spoke: Charles Harris, 2025 N. Marshall Ave., El Cajon, questioned the process that would now be undertaken as far as noticing and whether he would have a future opportunity to appear'before Council. Community Development Director'Miller clarified the notice process, and Mr. Harris chose to wait until new abatement procedure is implemented. - Page 9 - City Council Meeting - April 14, 1987 280 MOVED BY DOMINGUEZ,SECONDED BY STRIGOTTE AND CARRIED BY A 4 TO 1 VOTE WITH VERMILLION CASTING THE DISSENTING VOTE TO ACCEPT STAFF RECOMMENDATONS AND PROCEED WITH ABATEMENT ACTION BUSINESS/DISCUSSION MATTERS 51. Request for waiver of fees by the Lake Elsinore Valley Chamber of Commerce for the Frontier Days Parade and Rodeo. Mayor Strigotte explained that this is essentially the same as what was done last year, and clarified that the Downtown Business Associ- ation fees can not be waived by Council. Bill Starkey verified __ that they are aware of this situation. Council discussion centered on possible wording of "Co-sponsorship" rather than using a "waiver of Fees", and its implications with regar to liability. Also discussed working out possible wording for next year to limit liability and give more City support. Administrative Services Director Barrick clarified risk on the part 0 the City in relationship to co-sponsorship. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONTR BUTE AS A DONATOR TO THE CHAMBER OF COMMERCE THE AMOUNT OF THE FEES. BUSINESS MATTERS 52. Second reading of Ordinance No. 789. MOVED BY MATSON, SECONDED BY VERMILLION TO ADOPT ORDINANCE NO. 789 ORDINANCE NO. 789 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 1.54 __ ACRES LOCATED AT THE NORTHEAST CORNER OF RAILROAD CANYON ROAD AND GRA STREET, FROM C-P (COMMERCIAL PARK) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 86-22 BROOKSTONE INVESTORS). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES; COUNCILMEMBERS: NONE 53. Second Reading of Ordinance NO. 790. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 790: ORDINANCE NO. 790 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL cODE BY ADDING A CHAPTER 3.32 RELATING TO ESTABLISHMENT OF A FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM. -- Page 10 - City Council Meeting - April 14, 1987 281 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE __~4. Appointment of a Project Area Committee - Redeveloment Project Area III. Mayor Strigotte made recommendation of the following five people from recommendations of other Councilmembers: Ruben Hernandez Hugh Walker Arta Valenzuela James Voigt Harlis Koger ~ unMOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY A4 TO 0 VOTE CUwINKLER ABSTAINING TO APPROVE AS RECOMMENDED BY MAYOR STRIGOTTE. W m ~ WITH Mayor Strigotte stated that Resolution No. 87-15 needs to be amended to include 5 members of the committee instead of 7. MOVED BY DOMINGUEZ, SECONDED BY MATSON AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO AMEND RESOLUTION NO. 87-15 TO DELETE TWO POSITIONS. 55, Appointment of Planning commissioner. ..... Mayor Strigotte advised that only one application had been received, gave a brief summary of what a Planning Commissioners qualifications should be, and highly recommended Pam Brinley for the position. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE. TO APPOINT PAM BRINLEY TO THE POSITION OF PLANNING COMMISSIONER FOR A TERM CONTINUING TO JUNE,1988. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS None. CLOSED SESSION ~OUNCIL ADJOURNED TO CLOSED SESSION AT 8:45 P.M. TO DISCUSS A PERSONNEL ~TTER, AND POTENTIAL LITIGATION PERTAINING TO ADAMS OUTDOOR ADVERTISING ,NO ARCO. COUNCIL RECONVENED AT 9:09 P.M. AND CITY ATTORNEY HARPER ADVISED ~HAT A SETTLEMENT HAD BEEN REACHED WITH ARCO AND THE CONDITION OF THAT SETTLEMENT WOULD BE AVAILABLE TO THE PRESS IN THE CITY CLERK'S OFFICE. Page 11 - City Council Meeting - April 14, 1987 282 ADJOURNMENT MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:10 P.M. ~ ~Got!:c:::: CITY OF LAKE ELSINORE -- ATTEST: q\. Cl<~<~ ~NN~~, CITY CLERK CITY OF LAK~ ELSINORE ,,,> -- --