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Home My WebLink About07-08-1986 City Council Minutes ,-- I"- LD C\J W rn <( 53 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, July 8, 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 Kevin Ferris, member of the Padres 1986 Little League Championship team. 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, City Engineer Keith and ~ City Clerk Money/Oliver. - PUBLIC COMMENTS 1. Tim Hostrawser, 3601 Amberwood Court, Lake Elsinore, requested deferral of off-site improvements on his building project at Turnbull and Gunnerson. 2. E.A. Glasgow, 270 White Oak, Lake Elsinore, commented on Lake management and the proposed dyke, and other issues. CEREMONIALS A. Mayor Strigotte presented the Korn Memorial Scholarship to Michella Patricia Deschaine, a graduate of Elsinore Union High School and presented her with a Proclamaton. B. Mayor Strigotte presented Certificates of Honor to Coaches and team members of the Major League Padres, 1986 District 24 Champions - Lake Elsinore Valley Little League. C. Mayor Strigotte thanked all those persons who worked so hard to make the Fourth of July community event a huge success. CONSENT CALENDAR Thefo~lowing items were removed from the Consent Calendar for further consideration and discussion: The city Manager requested Item No. 12 be added to the Consent Calendar - Setting date of July 22, 1986 for public hearing of Planned Unit Development 84-1. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED, INCLUDING ITEM NO. 12. 59age City July two Council Minutes 8, 1986 CONSENT CALENDAR - Continued. 1- The following Minutes were approved: a. June 23, 1986 - Adjourned City Council Meeting b. June 24, 1986 - Board of Appeals Meeting The folloowing Minutes were received and filed: c. June 17, 1986 - Planning Commission Meeting d. June 17, 1986 - Design Review Board Meeting - 2. Received and filed Building Division Monthly Activity Report - June, 1986. 3. Ratified Warrant List for May, 1986 in the total amount of one-Hundred-Thirty-Five-Thousand-Nine-Hundred-Fifty-Nine Dollars and Sixty-Six Cents ($135,959.66). 4. Received and filed Treasurer's Monthly Report for June, 1986. 5. Accepted Final Tract Map No. 19402-1 - Art Nelson - Accepted Faithful Performance Bond in the amount of Five-Hundred-Forty-Four Thousand Six-Hundred Dollars ($544,600), and Labor and Materials Bond in the amount of Five-Hundred-Forty-Four-Thousand-Six-Hundred Dollars ($544,600). Approved subdivision and authorized City Clerk to sign final map and record agreement. 6. Accepted Quitclaim Deed for Water Righs - 17350 Pinnell - Peter N. Fazzone and authorized city Clerk to record said document. 7. Approved Agreement for Deferral of Public Improvements - 17350 I Pinnell - Peter N. Fazzone - and authorized City Clerk to record .J said document. 8. Approved Release of Deferral Agreement for 1409 Sumner Avenue - Gerald Andrew and Teresa Lee Cherveny - and authorized City Clerk to record said document~ 9. Approved Release of Deferral agreement for 1046 Parkway - Elmer and Genevieve White - and authorized City Clerk to record said document. 10. Approved contract with Butterfield Surveys, Inc. for consultant services with regard to the creation of the Northwest Sewer Assessment District AD 86-1. 11. Rejected and referred Claim No. 86-16 - Dennis G. Muberger, Jr., to the Insurance Administrator. 12. Set date of July 22, 1986 for public hearing of: Planned Unit Development 84-1 Revised - Thompson Investment - A request to include an additional 2.9 acres, creating fourteen (14) parcels of 5,670 square feet, for single-family residential use, located on the southeast corner of Macy Street and Laguna Avenue. i I -- PUBLIC HEARINGS 31. Amendment 86-1 - City of Lake Elsinore - Revisions to Title 17 of the Lake Elsinore Municipal Code relating to zoning regulations and which apply City-wide in all zoning districts. Mr. Miller recommended this matter be continued to September 9, 1986, in order to allow additional input from the development community. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO CONTINUE REVISIONS TO TITLE 17 UNTIL AUGUST 12, 1986. ~ ~ ~ N W m ~ ..... ..... 55 Page three City council Minutes July 8, 1986 PUBLIC HEARINGS - continued. 32. Zone Change 86-11 - Terry Shook - Request to change the zoning from R-1 (Single-Family Residential) to CO (Commercial Office) on a 27,000 square foot site on south side of Flint Street, between Davis and Mohr Streets. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO CONTINUE ZONE CHANGE 86-11 TO AUGUST 12, 1986. 33. Conditional Exception Permit 86-8 - Terry Shook - Request to vary from rear yard setback standards in proposed CO zoning district to allow an office building ten feet from property line. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO CONTINUE CONDITIONAL EXCEPTION PERMIT 86-8 TO AUGUST 12, 1986. 34. Conditional Exception Permit 86-7 - T & S Development - Request to vary from City parking requirements to allow shopping center parking facility, located west of Mission Trail between Campbell and Sylvester Streets. Mr. Miller reported that Conditional Exception Permit 86-7 is a request of T & S Development to vary from Municipal Code Section 17.66.040, to allow shopping center parking facility a ratio of one space per two-hundred (200) square feet of building area. Staff recommended Council adopt the following findings: 1. Due to special circumstances applicable to this property and project, including: a. The present transition period between the proposal and adoption of a revised Parking Ordinance, during which this project was designed, has presented unique site planning hardships; b. The proposed parking plan was designed to substantially conform to the dictates of sound planning practices and the provisions of the proposed revisions to Chapter 17.66; 2. That these are circumstances which do not apply generally in the vicinity and the granting of a variance is not a grant of special privilege in this case; 3. That this variance represents the minimum deviation from the provisions of the existing off-street parking standards neces- sary to enable reasonable development of the property; 4. That requiring development under strict adherence to the provisions of Lake Elsinore Municipal Code 17.66 Revised, in- cluding any required use permit for shared parking made necessary by the project, are adequate conditions incorporated into the project to insure site development in accordance with the objectives and purposes of the General Plan and Zoning District; 5. The proposed project will not have a significant impact upon the environment; 6. That the granting of this Conditional Exception Permit will not jeopardize the safety or affect the general well-being of individuals patronizing businesses within the center, as this proposal is designed to accommodate expected parking demand generated on-site; 7. That the granting of this Conditional Exception Permit is in conformance with the City'S General Plan; and approve Conditional Exception Permit 86-7 subject to one condition. ~e four city Council Minutes July 8, 1986 PUBLIC HEARINGS - continued. 34. Conditional Exception Permit 86-7 - Continued. The city Clerk reported no written comments or protests. Mayor Strigotte opened the pUblic hearing at 7:33 p.m. asking those in favor of Conditional Exception Permit 86-7 to speak. The following person spoke: 1. John Curts, 5225 Canyon Crest Drive, Riverside, commented in favor of the project. Mayor Strigotte aked those in opposition to Conditional Exception Permit 86-7 to speak. Hearing no one, the public hearing was closed at 7:34 p.m. - MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO ADOPT THE FINDINGS AND APPROVE CONDITIONAL EXCEPTION PERMIT 86-7, SUBJECT TO THE FOLLOWING CONDITON: 1. The project shall adhere to the provisions of Lake Elsinore Municipal Code 17.66 Revised, including any required use permit for shared parking made necessary by the project. 35. Resolution No. 86-47 - Setting fees for processing applications and establishing fees for services and products and amending Resolutions No. 85-26 and 81-50. Mr. Miller reported that current fees do not cover the costs of poviding the services. Staff recommended Council adopt Resolution No. 86-47 rescinding previous fees and adopting the new fee schedule. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:36 those in favor of Resolution No. 86-47 to speak. speak. Mayor Strigotte asked those in opposition lution to speak. The following person spoke: p.m. asking No one asked to to the Reso- -- 1. David Chartin, Vice-President of the Downtown Business Asso- ciation, asked for clarification if the fees are being raised or lowered. Staff responded that the fees are being raised to conform to the cost of providing services. Mayor Strigotte closed the public hearing at 7:38 p.m. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NUMBER 86-47. RESOLUTION NO. 86-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FILING FEES FOR PROCESSING APPLICATIONS AND ESTABLISHING FEES FOR SERVICES AND PRODUCTS AND AMENDING RESOLUTION NO. 85-26 AND RESOLUTION NO. 81-50. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER STRIGOTTE __ NOES: COUNCILMEMBERS: NONE 36. Ordinance No. 769 - Transient Occupancy Tax. Ms. Barrick reported that due to the rising costs of providing services, Ordinance No. 769 proposes to increase the Transient Occupancy Tax from six percent (6%) to eight percent (8%), effective August 1, 1986. Staff recommended adoption of Ordin- ance No. 769. Page five City Council Minutes July 8, 1986 PUBLIC HEARINGS - continued. 57 36. Ordinance No. 769 - continued. - I"- LD C\J W (D <( 37. - The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:40 p.m. asking those in favor of Ordinance No. 769 to speak. No one asked to speak. Mayor Strigotte asked those in opposition to Ordinance No. 769 to speak. Hearing no one, the public hearing was closed at 7:41 p.m. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO ADOPT ORDINANCE NO. 769, ORDINANCE NO 769 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING A PORTION OF SECTION 2 OF ORDINANCE NO. 546 (UNIFORM TRANSIENT OCCFUPANCY TAX ORDINANCE), AND DECLARING THIS TO BE AN EMERGENCY ORDINANCE TO BE EFFECTIVE IMMEDIATELY UPON ITS ADOPTION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE Ordinance No. 770 - Imposing a tax upon transient campers and providing for collection thereof. Ms. Barrick reported that for many years, campers have enjoyed the services and benefits of the City without being required to contribute towards the cost of those services. At Council direction, staff has prepared an Ordinance for Council review. Staff recommends Council approve Ordinance No. 770. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:42 p.m. asking those in favor of Ordinance No. 770 to speak. No one asked to speak. Mayor Strigotte asked those in opposition to Ordinance No. 770 to speak. Hearing no one, the public hearing was closed at 7:43 p.m. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 770, ORDINANCE NO. 770 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT CAMPERS AND PROVIDING FOR THE COLLECTION THEREOF. UPON THE FOLLOWING ROLL CALL VOTE: - AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE 38. Ordinance No. 771 - Adding Chapter 3.8 to the Lake Elsinore Muni- cipal Code regarding implementation of a utility users tax and Resolution No. 86-48 establishing a three percent (3%) fee. Ms. Barrick reported that many communities have instituted a utility tax as an equitable means of providing the necessary revenue to provide increased levels of service within the city. Staff recommended adoption of Ordinance No. 771 and Resolution No. 86-48 regarding the implementation of a Utility Users Tax and establishing a three percent (3%) fee. RcR:re six city Council Minutes July 8, 1986 PUBLIC HEARINGS - Continued. 38. Ordinance No. 771 - Continued. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:44 p.m. asking those in favoer of a utility Users Tax to speak. No one asked to speak. Mayor Strigotte asked those in opposition to this tax to speak. The following persons spoke: 1. Ethlyn Graham, 665 Acacia Street, Lake Elsinore, spoke against the utility Users Tax. - 2. Jack Empson, 32825 Macy street, Lake Elsinore, felt recreational visitors should be taxed, not the citizens. 3. E.A. Glasgow, 270 White Oak, Lake Elsinore, spoke against additional taxation. 4. David Chartin, 240 Chestnut, Lake Elsinore, representing the Downtown Business Association, presented a letter from the DBA stating their opposition to the Utility Users Tax. 5. Gary Aubaugh, District Manager for the Southern California Gas Company, 25211 San Jacinto Street, Hemet, expressed the Gas Company's opposition to utility taxes, stating reasons for this opposition. Mayor Strigotte closed the public hearing at 7:56 p.m. MOVED BY VERMILLION TO DISAPPROVE ORDINANCE NO. 771. (MOTION DIED FOR LACK OF SECOND). MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED TO APPROVE FIRST READING OF ORDINANCE NUMBER 771, - ORDINANCE NO. 771 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 3.8 REGARDING THE IMPLEMENTATION OF A UTILITY USERS TAX TO THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED TO ADOPT RESOLUTION NO. 86-48. RESOLUTION NO. 86-48 A REOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IMPLEMENTING A UTILITY TAX AND ESTABLISHING A THREE PERCENT (3%) FEE. -' AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION Page seven City council Minutes July 8, 1986 PUBLIC HEARINGS - continued. 59 39. Budget - 1986/87 - Resolution No. 86-49 Repealing medical and dental programs for elected officials, Resolution No. 86-50 adopting the budget and Resolution No. 86-51 setting forth appropriations limit for 1986/87. Mr. Molendyk reported that Council has had the opportunity to review the budget and staff is prepared to answer any questions. staff recommended Council approve the 1986/87 budget and adopt the appropriate Resolutions. The city Clerk reported no written commnts or protests. Mayor Strigotte opened the public hearing at 8:20 p.m. asking those in favor of the 1986/87 budget to speak. Hearing no one, the Mayor asked those in opposition to the 1986/87 budget to speak. Hearing no one, the pUblic hearing was closed at 8:21 p.m. Lengthy discussion followed regarding possible revisions to the budget. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED TO ADD PROJECT NO. 6311 (PAGE 106) POTTERY STREET BRIDGE CONSTRUCTION, TO THE BUDGET, AND DIRECT STAFF TO WORK WITH THE ARMY CORP OF ENGINEERS AND BRING INFORMATION REGARDING TIMELINES, BACK TO COUNCIL PRIOR TO CONSTRUCTION OF BRIDGE. - f'- LD C\I W CD <t AYES: COUNCILMEMBERS: DOMINGUEZ, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: MATSON CONSENSUS: TO DIRECT STAFF TO OBTAIN FIRM COST ESTIMATES FOR CON- STRUCTION OF THE SULPHUR STREET FOUNTAIN, AND BRING BACK INFORMA- ~ TION AT MID-YEAR BUDGET REVIEW. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED TO ADOPT RESOLUTION NO. 86-50 APPROVING AND ADOPTING THE CITY OF LAKE ELSINORE BUDGET FOR FISCAL YEAR 1986/87, SUBJECT TO AMENDMENTS AS DISCUSSED. RESOLUTION NO. 86-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1986/87 AND APPROPRIATING FUNDS NECESSARY TO MEET EXPENDITURES SET FORTH THEREIN. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION MOVED BY VERMILLION, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO ADOPT RESOLUTION NO. 86-49, REPEALING RESOLUTION NO. 86-24 PRO- VIDING FOR MEDICAL AND DENTAL INSURANCE PROGRAMS FOR ELECTED OFFICIALS. - RESOLUTION NO. 86-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING RESOLUTION NO. 86-24, PROVIDING FOR MEDICAL AND DENTAL INSURANCE PROGRAMS FOR ELECTED OFFICIALS. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 86-51 SETTING FORTH APPROPRIATIONS LIMIT FOR 1986/87. 6ft3.ge eight ~ity Council Minutes July 8, 1986 PUBLIC HEARINGS - continued. 39. Budget - Fiscal Year 1986/87 - Continued. RESOLUTION NO. 86-51 A REOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1986-1987 CONSISTENT WITH ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY OF INFORMATION SUPPORTING SAID DETERMINATION. - BOARD OF APPEALS COUNCIL ADJOURNED TO THE BOARD OF APPEALS AT 8:41 P.M. COUNCIL RECONVENED AT 8:45 P.M. BUSINESS ITEMS 51. Exchange of property beteween the City of Lake Elsinore and Bob Williams. Mr. Gilbert reported that Mr. Williams has approached the City with a proposal to exchange his property on Machado street with a City-owned parcel at the corner of Casino Drive and Mill Street. Staff recommended the following: 1. Obtain Preliminary Title Reports for each parcel. 2. Negiotiate preliminary terms for the transfer of properties (obtain property appraisals, if necessary). 3. Report preliminary terms to Council. -' 4. If tentative agreement is reached, develop property transfer agreement (via City Attorney), execute necessary documents and transfer assets. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO APPROVE PROPERTY TRANSFER, SUBJECT TO STAFF RECOMMENDATIONS, DELETING THE WORDS "IF NECESSARY" IN RECOMMENDATION NUMBER 2. CITY MANAGER COMMENTS 1. Mr. Molendyk commented that the City Engineer wished to clarify a point. He will proceed with work on the Pottery Street bridge, based on a roadway width of twenty-four feet (24'), one lane in each direction. Council concurred. CITY COUNCIL COMMENTS Councilman Winkler: 1. Reported he is serving on the Airport Committee along with Council- __ man Dominguez. He thanked Lyn Fogelman and Al Wilsey for volun- teering to serve on this committee. He urged other Councilmembers to contact him and share their ideas regarding the Airport. Councilman Matson: 1. Requested staff contact the Building Industry Association and inform them of the change of date for hearing of Title 17. - J'- LD C\J W en <( - - Page nine City council Minutes July 8, 1986 61 CITY COUNCIL COMMENTS - Continued. Mayor striqotte: 1. Read a letter from Bill and Aggie Goodacre complimenting City officials and City staff for their efforts in planning and presenting the Fourth of July Concert. 2. Requested staff research and prepare a report and recommendations regarding business licenses, for the first Council meeting in August. Council consensus was to direct staff to give major consideration to a flat fee structure for all business licenses. 3. Requested staff pursue entering into a lease agreement between the City and downtown business persons to operate Gediman Park as a private enterprise, allowing better control over the activ- ities in the park. ADJOURNMENT MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 8:54 P.M. ~~e~ CITY OF LAKE ELSINORE ATTEST: CLERK