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Home My WebLink About06-09-1987 City Council Minutes - f'- Ln (\j W m <( - - 33t MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 9, 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 Councilman Dominguez. 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, City Engineer Keith, Executive Assistant Rogers, and City Clerk Kasad. PUBLIC COMMENTS 1. Michael Brannon, P.O. Box 928, Lake Elsinore, informed Council of his intention to establish a Youth Club to keep the local youths off the streets. He requested that Council waive the fees that would be required to hold three youth dances at the Community Center. CEREMONIALS/PRESENTATIONS A. Mayor Strigotte read a proclamation honoring Charlotte Boy tor for her promotion to the rank of Captain with the Riverside County Sheriff's Department, and presented her with a City Plaque. B. Mayor Strigotte read a proclamation honoring First Trust Bank on their looth Birthday. Bank representative Carol Haun was presented with the proclamation and a City Plaque. C. Ray Shupp, Chapter Chairman for the American Red Cross and the Red Cross Disaster Program described the services provided by the Red Cross and a typical scenario of a disaster including the assistance that would be provided. He presented Mayor strigotte with a copy of the Red Cross Countywide Disaster Plan and offered to answer any questions from Council. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: Item Nos. 5 and 6. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 332page 2 - City Council Minutes - June 9, 1987 City Attorney Harper recommended approval of an additional Item #llc: llc. Setting a public hearing for June 23, 1987 on Ordinance No. 812 adding Chapter 1.16 to the Lake Elsinore Municipal Code entitled "Penalties for Violations". MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE PUBLIC HEARING DATE OF JUNE ~3, 1987 ON ORDINANCE NO. 812. .. 1. The following Minutes were approved: a. May 20, 1987 - Special City Council Meeting b. May 26, 1987 - Regular City Council Meeting The following Minutes were received and filed: c. May 19, 1987 - Planning Commission Meeting 2. Received and filed Building Activity Report for May 1987. 3. Ratified Warrant List in the amount of $482,932.40 for May, 1987. 4. Adopted Resolution No. 87-29 Supporting the Corps of Engineers Flood Control Project. (As requested by the Corps at the May 20, 1987 Special Meeting). RESOLUTION NO. 87-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE SUPPORTING THE CORPS OF ENGINEERS FLOOD CONTROL PROJECT. - 7. Accepted a 10' Irrevocable Drainage Easement for a Single Family Residence located at 315 Mohr Street for William Barrett. 8. Accepted a 10' Street Dedication for Single Family Residence located at 1403, 1405, 1407 & 1409 Pottery for Norik Bedassian. 9. Accepted Quitclaim Deed for Water Rights on Single Family Residences located at 223 Chaney Street and 220 Frederick Street for Zackery M. Toross. 10. Accepted Quitclaim Deed and a Grant Deed for Realignment of a 10' Storm Drain in Tract 15020-2 for Bryant Financial Corporation. 11. Approved pUblic hearing date of June 23, 1987 for: a. Ordinance No. 805 - adding to Title 2 of the Lake Elsinore Municipal Code, Chapter 2.46 entitled "Personnel". b. Ordinance No. 808 - repealing Title 10 of the Lake Elsinore Municipal Code and adopting a new Title 10 entitled "Vehicles and Traffic". ..... ITEMS PULLED FROM CONSENT CALENDAR 5. Application for the Waiver of the Prohibition for Solicitation in the Public Right of Way Section 5.08.160 for Paleteria Mexico. ..... ~ ~ N W m ~ ..... ..... Page 3 - City Council Minutes - June 9, 1987 333 6. Application for the Waiver of the Prohibition for Solicitation in the Public Right of Way section 5.08.160 for EI Unico, subject to completion of requirements. Councilman Dominguez explained that Mr. Vasquez's (EI Unico) reason for this application is to prevent other vendors from entering City Park and taking away from his business. Mr. Dominguez suggested that if both applications are to be approved, the approval for Paleteria Mexico include a condition to restrict that business to the area from North Main Street to the Swap Meet, so it will not impose upon EI Unico's business within the park. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO APPROVE BOTH BUSINESS LICENSES WITH THE PALETERIA MEXICO BEING RESTRICTED TO THE AREA FROM NORTH MAIN STREET TO THE SWAP MEET AND EL UNICO BEING LICENSED FOR THE PARK AND ITS PUBLIC RIGHT-OF-WAY. City Attorney Harper advised that this type of limitation is questionable from a legal standpoint, however possibly the existing contract with EI Unico prohibits other vendors from selling within the park. MOTION WITHDRAWN WITH APPROVAL OF SECOND. Council discussion included possible limitations on locations in which the businesses would be allowed to operate, and the fairness of allowing a company not located in the City to send out street vendors that would be in direct competition with pre-existing businesses in the City. MOVED BY DOMINGUEZ, SECONDED BY STRIGOTTE AND CARRIED BY UNANIMOUS VOTE TO DENY BOTH REQUESTS FOR BUSINESS LICENSES. Councilman Matson requested that staff follow up and find out if the existing contract with EI Unico allows Mr. Vasquez to operate a cart within the park. PUBLIC HEARINGS 31. Conditional Use Permit 87-3 - Howard Palmer A request to allow Day Care Facilities with an Outdoor Play Area in the Shopper's Square Shopping Center located at the northeast Corner of Railroad Canyon Road and Casino Drive in the C-l zone. Community Development Director Miller explained that this is an Appeal of Conditions set by the Planning Commission. He also advised that Condition #4 has been revised with regard to fencing and landscaping. The City Clerk reported no written comments or protests. Mayor strigotte opened the public hearing at 7:50 p.m. and asked anyone in favor of Conditional Use Permit #87-3 to speak. The following person spoke: Howard Palmer, Applicant, explained changes that have been included, requested approval by the Council and offered to answer any questions the Council still had. Mayor Strigotte requested anyone in opposition to Conditional Use Permit #87-3 to speak. Hearing no one, the public hearing was closed at 7:52 p.m. 334page 4 - City Council Minutes - June 9, 1987 Councilman Matson questioned Condition #4 relating to fencing, and why it had been changed from a solid 8' block wall fence to wrought iron. It was clarified that this had been changed to allow for additional air circulation. Mayor Strigotte inquired into the possibility of providing screening over the wrought iron to prevent children from getting stuck between the iron bars. Councilman Vermillion questioned available space for delivery trucks to businesses on either side of the Day Care Center. __ John Grist, Architect for the Development clarified the overall arrangement of the project and available accesses to the other businesses. He also agreed that screening behind the wrought iron could be included. MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 87-6; ADOPT FINDINGS LISTED BELOW: FINDINGS 1. The proposed change will not have a significant adverse impact on the environment. 2. The requested use is consistent with the basic purpose of the C-l Zoning District and is similar in characteristics to other permitted uses. 3. The site for the proposed use is of adequate size and shape to accomplish the use. 4. Approval of the project will have no adverse effect on abutting property and the block wall will mitigate the noise levels. - AND APPROVE CONDITIONAL USE PERMIT 87-3 WITH CONDITION #4 AMENDED TO INCLUDE A MINIMUM 4' HIGH SCREENING BE PROVIDED BEHIND THE WROUGHT IRON FENCING. CONDITIONS ARE AS FOLLOWS: CONDITIONS 1. Conditional Use Permit 87-3 will expire and become void in one year from the date of approval unless operations commence prior to that date. 2. Applicant shall obtain all required permits and approvals from County Day Care Licensing. 3. Provide 12 additional parking stalls from Phase II and incorporate these into Phase I. In order to provide noise attenuation a decorative block walla minimum of eight feet in height shall be provided around three sides of the play yard. This wall shall be a solid block wall with no openings, except a solid gate on the southeast side and the southwest side as necessary to meet exiting requirements, and wrought iron fencing may be permitted adjacent to the building and for ten feet around the corners. A minimum of four foot high screening shall be required behind the wrought iron fencing. Design and materials of this wall shall be subject to the appro- val of the Community Development Director. 5. A precise landscaping and irrigation plan shall be provided for review and approval of the Community 4. -- - f'- LO C\.I W m <( - - Page 5 - City Council Minutes - June 9, 1987 335 6. Development Director, which shall include shrubs, trees and ground cover outside the play yard wall and separated from the driveway by a six inch (6") curb and also additional trees adjacent to the freeway right-of-way to provide additional visual screening of the freeway from the play yard area. The Conditional Use Permit shall be subject to all applicable state Regulations, reference Child Care center, Division 12. 32. Amendment 86-4 - Temporary Outdoor Activities Amending Chapter 17.98 of the Lake Elsinore Municipal Code, currently titled "Special Events", to be titled "Temporary Outdoor Activities" and refocusing and redefining the intent of the Chapter to the regulation of Short-term and Long-term Uses on Private Property. Community Development Director Miller explained that the proposed ordinance is intended to provide for regulation of temporary activities on private property outside a building to which the public is invited and private parties on vacant property not associated with a building or established facility. He also clarified that it is not intended to regulate private parties at a residence, business or at buildings or established facilities designed to accommodate assemblages of people. The City Clerk reported no written comments or protests. Mayor Strigotte opened the pUblic hearing at 8:05 p.m., and asked anyone interested in Amendment No. 86-4 Temporary Outdoor Activities to speak. The following person spoke: Dolores Mayhall, 130 Lucerne Street, posed questions relating to the Police Protection requirement, the traffic control requirement, and the limitation on overnight camping. She inquired into the possibility of using security officers rather than police officers for protection and traffic control. She also expressed the importance of overnight camping to allow people to protect their property and equipment at events such as the rodeo and carnival. Mr. Miller explained that security guards could provide the coverage subject to approval of the Sheriff's Department. The overnight camping could also be allowed subject to Council approval. Council discussion centered on the variables that would necessitate overnight camping, and the impact it would have on established local businesses which provide overnight lodging including motels and campgrounds. Mayor Strigotte requested that the Revocation Clause in section 17.98.140 be amended to read that the activity may be ordered closed by the City Manager or his desiqnee. Mayor Strigotte questioned the fees schedule that would apply to this ordinance and if it should go into effect in conjunction with this ordinance. He also requested that staff provide the most complete information possible when people apply for these permits. Community Development Director Miller advised that a guideline for these costs could be provided with the application form. 336Page 6 - City Council Meeting - June 9, 1987 MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO ADOPT NEGATIVE DECLARATION 86-66, APPROVE AMENDMENT 86-4, ADOPT FINDINGS LISTED BELOW: FINDINGS 1. That as stated in Negative Declaration 86-66, it has been determined that the proposed ordinance amendment will not have a significant impact on the environment. - 2. That the proposed amendment will not be: (a) detri- mental to the health, safety, comfort, or general welfare of the persons residing or working within the City; and (b) injurious to property or improvements within the City. 3. That the proposed amendment is consistent with the current revised General Plan as adopted and in force by the City of Lake Elsinore. 4. That the proposed ordinance amendment is proposed to better serve and ensure the quality of life within the City of Lake Elsinore. AND ADOPT ORDINANCE NO. 811. ORDINANCE NO. 811 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING EXISTING CHAPTER 98 OF TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADDING A NEW CHAPTER 98 TO TITLE 17 TO SAID CODE WHICH SHALL BE KNOWN AS "TEMPORARY OUTDOOR ACTIVITIES". - UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Community Development Director Miller directed to develop policies relating to overnight camping and alcoholic bever- ages to tie in to this ordinance. 33. Liqhtinq ~ Landscapinq District (1987-88) Public Hearing and confirmation of diagram and assessment. provision for annual assessment levy. City Engineer Keith explained the process that had been undertaken in establishing this assessment district. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 8:37 p.m. asking those in favor of the assessment district to speak. Hearing no one he asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:38 p.m. Councilman Vermillion questioned the proposed boundaries of the assessment district. City Engineer Keith clarified that ..."" ..... ~ ~ N W m ~ ~ Page 7 - City Council Minutes - June 9, 1987 337 the proposed assessment district was only those area shown in red on the map. Mayor Strigotte inquired if the past assessments were up to date. Mr. Keith advised that most were and the balance would be picked up next year. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 87-31. RESOLUTION NO. 87-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT AND FOR THE ANNEXATION OF ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT. 34. Final Draft of General Plan Land Use = Criteria Conclusion of Public Hearing begun on May 26, 1987. Community Development Director Miller explained that the General Plan and its supporting documentation will remain in existence, with this proposed criteria to be used as a tool for staff to use in making its recommendations. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 8:40 p.m. asking those persons interested in the Final Draft of the General Plan Land Use criteria to speak. Hearing no one the public hearing was closed at 8:41 p.m. Councilman Matson stated that he was pleased with the clarification that had been provided by staff. He felt that this criteria would provide an enhanced document to assist the public in this area. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE FINAL DRAFT OF THE GENERAL PLAN LAND USE CRITERIA. BUSINESS ITEMS 51. Extension of Time for Tentative Tract 20472 Revised = Friedman Homes Request for extension of time on a proposed subdivision of approximately 32.5 Acres into 143 Residential lots and a two acre Commercial site within the Canyon Creek Specific Plan area, along Railroad Canyon Road. Community Development Director Miller explained the progress on this development and a pending revision of the project which make this extension of time necessary. City Attorney Harper commented on the problems which have held up this development that were not within the control of the applicant, such as the realignment of Railroad Canyon Road. Councilman Vermillion expressed concerns he has with this residential development being planned below an existing defective dam. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO GRANT A SIX MONTH EXTENSION OF TIME. 338page 8 - City Council Minutes - June 9, 1987 52. Low and Moderate Income Housing Adoption of Resolution No. 87-30 as part of the formation of Project Area III. Roy Evans, Consultant, Municipal Services, Inc. , explained that this portion of the process for formation of the Project Area would allow flexibility in use of the 20% set aside. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE AND WINKLER __ ABSTAINING TO ADOPT RESOLUTION NO. 87-30. RESOLUTION NO. 87-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE FINDING AND DECLARING THAT THE PROVISION OF LOW- AND MODERATE-INCOME HOUSING OUTSIDE THE PROJECT AREA IS OF BENEFIT TO THE PROJECT AREA. 53. Elsinore Valley Municipal Water District Establishment of a Joint Session to discuss water and sewer fees and charges. City Manager Molendyk advised that it is felt that staff can meet with the Elsinore Valley Municipal Water District and deal with the concerns of the Council without a joint session. If however the concerns can not be alleviated the Council could then schedule a joint session. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ALLOW STAFF TO MEET WITH THE WATER DISTRICT PRIOR TO THE SCHEDULING OF A JOINT SESSION. 54. Centennial ~ Calendar of Events .... Presentation of proposed events. Executive Assistant Rogers highlighted the proposed budget for this year's centennial projects, including entertainment for the July 4th celebration. She also showed samples of the proposed street light banners and city entrance signs. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE PROPOSED PROJECTS AND AUTHORIZED STAFF TO PROCEED. 55. Ordinance No. 809 - Second Reading Relating to side yard setbacks for a main dwelling in the R-l zone. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH STRIGOTTE CASTING THE DISSENTING VOTE TO ADOPT ORDINANCE NO. 809 UPON SECOND READING. ORDINANCE NO. 809 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.23.080.B.l OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SIDE YARD SETBACKS FOR A MAIN DWELLING IN THE R-l (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT BY THE ADDITION OF AN EXCEPTION FOR EXISTING LOTS THAT ARE SUBSTANDARD IN WIDTH. ...., Page 9 - City Council Minutes - June 9, 1987 S39 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER NOES: COUNCILMEMBERS: STRIGOTTE - ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 56. Ordinance No. 810 - Second Readinq Relating to refuse collection. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 810 UPON SECOND READING. ('- LD C\I W CD <[ ORDINANCE NO. 810 AN ORDINANCE OF THE CITY OF LAKE ELSINORE REPEALING CHAPTER 8.16 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 8.16 ENTITLED REFUSE COLLECTION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NONE NOES: COUNCILMEMBERS: - ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that an executive session was necessary to discuss the proposed personnel Memo of Under- standing. CITY COUNCIL COMMENTS Councilman Dominguez advised that correspondence has been done in an effort to re-open Pottery Street to through traffic in connection with the Corps of Engineers and Riverside County Flood Control's proposed Outflow Channel. COUNCIL ADJOURNED TO CLOSED SESSION AT 8:55 P.M. TO DISCUSS PERSONNEL MATTERS AND LITIGATION INVOLVING ADAMS ADVERTISING. COUNCIL RECONVENED AT 9:06 P.M. NO ACTION TAKEN. ADJOURNMENT - MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:07 P.M. .'/"d /!ijif; q~~<rfsT~IGOTTE, MAYOR CITY OF LAKE ELSINORE c[i /w VICKI Ly~'A'~;AD' CITY CLERK CITY OF~~~~~~INORE