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HomeMy WebLinkAbout08-12-1986 City Council Minutes 74 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 12,. 1986 ************************************************************************** k 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, Community Development Director Miller, Administrative Services Director Barrick, City Engineer Keith, Public Services Director Kirchner and City Clerk Oliver. CEREMONIALS A. Mayor Strigotte honored Gene Lepper on the occasion of his retire- ment from the City of Lake Elsinore after twenty-three (23) years,~ and presented him with a Proclamation. B. The City Manager introduced the new Public Services Director, Ron Kirchner. PUBLIC COMMENTS 1. George Alongi, 629 Mill Street, Lake Elsinore, commented on regula- tions governing air conditioning units and fencing requirements for single-family residences. 2. Sheri Groth, 20253 Union, Lake Elsinore, representing the Downtown Business Association and the Chamber of Commerce, requested a joint study session be scheduled prior to changes in the business license fees. 3. Brian Weiss, 2603 Ocean Front Walk, Venice, California, spoke for Bruce Jordan, John Kain and Bruce Ayers and asked to be allowed to address Council under Business Item No. 57 - General Plan Amendment 86-3 and Zone Change 86-4. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: -- Item Numbers 7 and 8. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. July 22, 1986 - Regular City Council Meeting Page two City Council Minutes August 12, 1986 " 75 CONSENT CALENDAR - continued. 1. Minutes Approved - continued. b. July 22, 1986 - Board of Appeals Meeting The following Minutes were received and filed: - c. July 15, 1986 - Planning commission Meeting d. July 15, 1986 - Design Review Board Meeting e. July 14, 1986 - Public Safety Commission Meeting r'- Ln C\J W a:l <I: 2. Received and filed Animal Control Activity Reports - Months of June, 1986 and July, 1986. 3. Received and filed Building Division Monthly Activity Report - Month of July, 1986. 4. Received and filed Treasurer's Monthly Report - July, 1986. 5. Ratified Warrant List for the month of July, 1986, in the total amount of Six-Hundred-Eighty-Two-Thousand-One-Hundred-Seventeen Dollars and Fifty-Four Cents ($682,117.54). 6. Approved amendment to supplemental agreements for the use of Eleventh (11th) and Twelth (12th) year Community Development Block Grant (CDBG) funds. - 9. Approved agreement for deferral of public improvements at 16780 Hunt Avenue - will S. Buck - and authorized City Clerk to record. 10. Accepted Quitclaim Deed for Water Rights - 16780 Hunt Avenue - Will S. Buck - and authorized City Clerk to record. 11. Accepted Quitclaim Deed for Water Rights - 216 Davis street - Lafleche and Eugenia Vaudry - and authorized City Clerk to record. 12. Rejected and referred Claim No. 86-17 - Charles Bryant. 13. Rejected and referred Claim No. 86-18 - Janetta M. Dunwoody. 14. Rejected and referred Claim No. 86-19 - Mohammed Ali Hosseini. 15. Rejected and referred Claim No. 86-20 - Carlotta Tiniakoff. ITEMS REMOVED FROM CONSENT CALENDAR 7. Contract for Personnel Services - Preparation of Classification/ Compensation Study. Mayor Strigotte stated Council just received the contract today and have not had time to review. MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO DEFER THIS CONTRACT WITH WILLIAM HAMILTON AND ASSOCIATES FOR PREPARATION OF A CLASSIFICATION/COMPENSATION STUDY, TO AUGUST 26, 1986. 8. Terra Cotta Junior High School Access Road - Plans and Specifica- tions. Mayor Strigotte commented that the report as presented to Council was incomplete. MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ TO DEFER APPROVAL OF PLANS AND SPECIFICATIONS FOR THIS PROJECT TO AUGUST 26, 1986. 7 Gage three City Council Minutes August 12, 1986 ITEMS REMOVED FROM CONSENT CALENDAR - continued. 8. Terra Cotta Junior High School Road Plans and Specifications - continued. The City Engineer commented that we cannot afford any delays on this project in order to meet the deadline for completion prior to the opening of the school. ORIGNINAL MOTION WAS WITHDRAWN. - MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO APPROVE PLANS AND SPECIFICATIONS FOR THE TERRA COTTA JUNIOR HIGH SCHOOL ROAD AND AUTHORIZE THE CITY CLERK TO ADVERTISE FOR BIDS. PUBLIC HEARINGS 31. Appeal of denial of Zone Change 86-10 - Vineyard Christian Fellowship - Request to amend the text of the M-l, Manufacturing District, to allow churches as conditional uses, subject to obtaining a Conditional Use Permit. Mr. Miller reported that the city has a limited amount of industrial space available and therefore, the church use may con- flict with industrial uses. Also, churches would be permitted, with a conditional use permit, in residential and commercial districts, under the new zoning code. Staff recommends Council adopt the findings listed below and deny Zone Change 86-10: Findinqs: 1. The proposed Zone Change conflicts with the Land Use Desig- nation standards of the General Plan. - 2. The proposed Zone Change may be detrimental to the health, safety, comfort and general welfare of persons that could be permitted in an industrial area by the proposed change. 3. The proposed Zone Change may create lilmitations on otherwise permitted industrial uses in areas surrounding the proposed uses due to potential conflicts between them. The City Clerk reported no additional written comments or protests. Mayor Strigotte opened the public hearing at 7:16 p.m. asking those in favor of Zone Change 86-10 to speak. The following persons spoke: 1. Frank Sandoval, Pastor of Vineyard Christian Fellowship Church, 15209 Grand Avenue, Lake Elsinore, gave the background of the church in this community. He urged Council to approve their request. 2. Roger Doverspike, Member of the Board of Directors of the Fellow- ship in Rancho California, 23665 Outrigger, Canyon Lake, reported that they have been located in an industrial site in Rancho California for approximately fifteen months and there have bee: no problems. 3. Bob Idakirk, 30216 Yellow Feather, Canyon Lake, representing Amber Business Center and Mr. Ed Lambert, commented that they have had no problems with the Church as tenants. Parking is adequate and the businesses are operated Monday through Friday and do not conflict with Sunday church services. He urged Council allow the Church to stay in their present location. ... 4. George Alongi, 629 Mill Street, Lake Elsinore, urged Council to allow this church to continue in their present location. ..... ~ ~ N W m ~ ..... ..... .~~, , ~ Page four City Council Minutes August 12, 1986 77 PUBLIC HEARINGS - continued. 31. Appeal of Denial of Zone change 86-10 - continued. 5. Rita Wilsey, 15015 Lincoln, Lake Elsinore, commented that churches in other communities have operated successfully in industrial areas with conditional use permits and she urged Council to approve this request. Mayor Strigotte asked those in opposition to Zone Change 86-10 to speak. Hearing no one, the public hearing was closed at 7:30 p.m. Lengthy Council discussion followed. MOVED BY VERMILLION TO APPROVE ZONE CHANGE 86-10. (MOTION DIED FOR LACK OF SECOND). MOVED BY STRIGOTTE, SECONDED BY WINKLER AND CARRIED TO ADOPT FIND- INGS AND DENY ZONE CHANGE 86-10. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION 32. Amendment 86-1A - Revision of Title 17 of the Lake Elinore Muni- cipal Code which relates to zoning regulations and applies City- wide in all zoning districts. Mr. Miller reported revision of Title 17 was continued from the July 8, 1986 meeting in order to allow developers to coordinate with the Building Industry Association (BIA), and provide additional input. Mr. Miller reviewed areas of major concern and recommended that Council adopt the Negative Declaration and approve Amendment 86-1A, completely revising Title 17 of the Lake Elsinore Municipal Code regarding, zoning and adopt Ordinance No. 772. The City Clerk reported no written comments or protests. Mayor Strigotte opened the pUblic hearing at 8:00 p.m. asking those in favor of Revision of Title 17 to speak. The following persons spoke: 1. Ilene Brown, representing Building Industry Association of Riverside County. 2. Bob Williams, 32172 Machado Street, Lake Elsinore, commented on the Hillside Overlay Zone section and the structure of the Design Review Board. 3. Kent Mitchell, 121 South Main Street, Lake Elsinore, suggested ten feet (10') be the required distance for buffer landscaping. 4. Art Nelson, 31681 Riverside Drive, Lake Elsinore, commented on existing lots of record. 5. Jim Thompson, 3804 Sand Dune Lane, Corona Del Mar, commented on sign deposits for residential developments and requested fence height be five feet (5') instead of six feet (6'). 6. Mark LaPorte, 610 West Graham Avenue, Lake Elsinore, requested side yard setbacks for residential zones be changed back to ten feet (10'). 7. Rene Rich, Los Angeles, objected to the fifteen foot (15') setbacks and requested special consideration be given to projects already underway and in the planning stages. 8. Ethel Graham, 665 Acacia Street, Lake Elsinore, asked that the minimum lot size be 6,000 square feet. 7&age five City Council Minutes August 12, 1986 PUBLIC HEARINGS - Continued. ' 32. Revision to Title 17 - continued. 9. George Alongi, 629 Mill Street, Lake Elsinore, commented on requirement of screening of air cond~tioning units on top of residential structures and fencing. 10, Scott Josephson, 15070 Alvarado Street, Lake Elsinore, spoke in favor of revisions to Title 17, stating it will be of benefit to the community. He also approved of the 7200 square__ foot minimum lot size. Mayor Strigotte asked those in opposition to revisions to Title 17 to speak. The following persons spoke: 1. Terry Shook, 32910 Lillian, Lake Elsinore, objected to fifteen foot (15') setbacks on residential projects. Mayor Strigotte closed the public hearing at 9:00 p.m. COUNCIL RECESSED AT 9:01 P.M. COUNCIL RECONVENED AT 9:11 P.M. 32. Revision to Title 17 - Continued. Mayor Strigotte suggested that this issue be continued in order to allow the Planning Department to prepare appropriate wording for the recommended changes. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO CONTINUE REVISIONS TO TITLE 17 UNTIL THURSDAY, AUGUST 14, 1986 AT 5:30 P.M. - 33. Zone Change 86-11 - Terry Shook - Request to change zoning from R-l (Single-Family Residential) to CO (Commercial Office) on 27,000 square foot site on south side of Flint Street between Davis and Mohr Streets. Mr. Miller recommended Zone Change 86-11 be continued until after adoption of Title 17. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO CdNTINUE ZONE CHANGE 86-11 TO OCTOBER 14, 1986. 34. Conditional Exception Permit 86-8 - Terry Shook - Request to vary from rear yard setback standards of proposed CO Zoning District, to allow office building ten feet from property line. Mr. Miller recommended Conditional Exception Permit 86-8 be con- tinued until after adoption of Title 17. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO CONTINUE CONDITIONAL EXCEPTION PERMIT 86-8 TO OCTOBER 14, 1986. BOARD OF APPEALS COUNCIL ADJOURNED TO BOARD OF APPEALS AT 9:25 P.M. - COUNCIL RECONVENED AT 9:27 P.M. BUSINESS ITEMS 51. Agreement with LAO Family Community, Inc. to provide on-the-job training. Mr. Gilbert reported this is a proposal to provide on-the-jOb training and limited employment to members of the Southeast Asian Page six City Council Minutes August 12, 1986 , '/9 BUSINESS ITEMS - continued. 51. Agreement with LAO Family Community, Inc. - continued. refugee community. The program is under the auspices of the Riverside County Department of Social Services. The program would allow for two individuals to be placed in the Public Works -- maintenance division as temporary part-time Public Works Trainees. Staff recommends approval and execution of the agreement. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO APPROVE THE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE LAO FAMILY COMMUNITY, INC. TO PROVIDE ON-THE-JOB TRAINING. 52. Senior Program Funding. f'- LD C\J W en <t Mayor Strigotte introduced Mr. Terrance Loughran, Director of the Riverside County Area Office on Aging, who gave an overview of the County Senior Program funding for the 1986/87 fiscal year. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO EXAMINE THE BUDGET TO DETERMINE TOTAL DOLLARS ALLOCATED TO SENIOR PROGRAMS, MEET WITH THE FINANCE COMMITTEE AND THE COUNTY SUPERVISOR AND BRING BACK A REPORT TO COUNCIL. 53. Status of the Lake Elsinore Valley Volunteers. Mr. Gilbert reported that the intent of this item is to clarify the status of this group as an official City volunteer agency. This is the first step in a risk management program required by the Southern California Joint Powers Insurance Authority, which the City joined last March. Staff recommends Council take the following actions: - 1. Recognize the Lake Elsinore Valley Volunteers as an official City volunteer agency for those activities and programs set forth in this report, except as provided below. 2. Recognize all fund raising activities to support such efforts as being a part of those City volunteer efforts. 3. Direct the Community Services Coordinator to monitor and administer these volunteer services, making sure that proper administrative and safety procedures, training and supervision is developed and maintained. 4. Require all volunteer activities involving the driving of private vehicles to only be performed by individuals who exe- cute a hold harmless agreement with the City and provide to the City, proof that said activity is covered by their own auto insurance policy. - 5. Direct staff to investigate and evaluate the feasibility of City insurance coverage for the operation of a privately owned automobile by a recognized City volunteer in the performance of a City service; and, should it be feasible, develop policies and procedures pertaining thereto. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO CONCUR WITH STAFF RECOMMENDATIONS AND RECOGNIZE THE LAKE ELSINORE VALLEY VOLUNTEERS AS AN OFFICIAL CITY VOLUNTEER AGENCY, MAKE CAR AVAILABLE AND DIRECT COMMUNITY SERVICES COORDINATOR TO COORDINATE. 54. Report on Business License Tax Alternatives. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOULY TO DEFER THIS ITEM UNTIL AFTER MEETING WITH BUSINESS COMMUNITY. 8&age seven City Council Minutes August 12, 1986 BUSINESS ITEMS - Continued. 55. Clarification of City policy regarding Downtown Business Associa- tion Christmas display. Mayor Strigotte requested preparation of' a cost breakdown report to be brought back to Council at the budget study session. Council concurred. 56. 1985/86 Audit Proposal. - Mr. Matson commented that the policy regarding RFP's needs to be clarified so that all firms submitting proposals be given fair and equal consideration. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO APPROVE SELECTION OF ERNST AND WHINNEY TO PREPARE THE 1985/86 AUDIT FOR THE CITY OF LAKE ELSINORE, SUBJECT TO A TEN PERCENT (10%) TIMELY PERFORMANCE PENALTY IF FINANCIAL STATEMENTS ARE NOT ISSUED WITHIN THIRTY (30) DAYS OF COMPLETION OF FIELD WORK. 57. General Plan Amendment 86-3 and Zone Change 86-4 - Bruce Ayres - Conceptual review of previously denied proposal to change the General Plan and zoning to General Commercial on seventeen (17) acres on Lakeshore Drive between Avenue Seven and Avenue Twelve. Mr. Miller reported this proposal was previously denied by the City Council, without prejudice. Applicant voiced some concerns as to what precisely the Council expected or desired to review for any further consideration of the project. Consequently, the appli- cant has submitted a conceptual site plan and building elevations, along with traffic study, for review. Staff recommends that Council select among the following alterna- tives or provide additional direction with respect to any further __ processing for this proposal: 1. New General Plan Amendmnt and Zone Change applications should be submitted. 2. Specific Plan as defined in the California Government Code which establishes General Plan and Zoning criteria, should be submitted. For any alternative project, appropriate environmental documenta- tion should accompany the application which should consist of either: 1. Expanded initial study, including additional traffic information. 2. Environmental Impact report. Mr. Bruce Jordan, architect for this project, addressed Council and emphasized the request before Council is for conceptual review. He requested Council provide additional guidance. MOVED BY STRIGOTTE, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO SCHEDULE GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR PUBLIC HEARING ON SEPTEMBER 9, 1986, AND SITE DEVELOPMENT PLAN TO PRO- CEED THROUGH NORMAL PROCESSING. ..., 58. Request for waiver of fees - 550 Lakeshore Drive - Earline DuFault and Alfred Manfredi. Mr. Miller reported that this involves two separate requests for waiver of fees, which involve inconsistencies between zoning and the General Plan. Ms. DuFault's request is to change the General Plan designation while Mr. Manfredi's request is to change zoning designation which would make the zoning consistent with the General Plan. Therefore, staff recommends Ms. DuFault's request be denied and Mr. Manfredi's request be approved. - I"- L.O C\I W CD <t - - Page eight City Council Minutes August 12, 1986 '81 BUSINESS ITEMS - Continued. 58. waiver of fees - continued. MOVED BY STRIGOTTE, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 86-58 ADOPTIN~A POLICY OF WAIVING FEES FOR ZONE CHANGES AND FEES FOR ASSOCIATED NEGATIVE DECLARA- TIONS WHERE THE EXISTING ZONING AND GENERAL PLAN LAND USE DESIGNATIONS ARE INCONSISTENT. RESOLUTION NO. 86-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A POLICY OF WAIVING THE APPLICATION FEES FOR ZONE CHANGES AND FEES FOR ASSOCIATED NEGATIVE DECLARATIONS WHERE THE EXISTING ZONING AND GENERAL PLAN LAND USE DESIGNATIONS ARE INCONSISTENT. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO DENY REQUEST OF EARLINE DUFAULT TO WAIVE FEES FOR A ZONE CHANGE. 59. Amendment 86-2 - Revision of Chapter 2.28 of the Lake Elsinore Municipal Code relating to the Design Review Board. Staff recommended Council adopt Ordinance No. 774 relating to members of the Design Review Board. Lengthy Council and staff discussion followed. Staff was requested to bring back a report to City Council regarding a policy state- ment with the proposed ordinance, relative to the Planning Com- mission and how it should be staffed. 60. Lake Elsinore Foundation - Appointment of Officers. Mr. Gilbert reported that in May, 1985 the Council approved and adopted the Articles of Incorporation and the Bylaws for the Foundation. It is now necessary and appropriate to appoint officers of the Foundation so as to allow for the processing of certain tax exemption documents. Staff recommends appointment of the following officers for a term of one year: Chairperson .................Ron Molendyk Vice Chairperson.............Nelson Miller Secretary/Treasurer..........Jo Barrick MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED TO APPROVE STAFF RECOMMENDATION TO APPOINT RON MOLENDYK AS CHAIRPERSON, NELSON MILLER AS VICE CHAIRPERSON AND JO BARRICK AS SECRETARY/ TREASURER OF THE LAKE ELSINORE FOUNDATION. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION 61. Mobile Emergency Communications Center. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO DEFER THIS ITEM TO THE BUDGET STUDY SESSION. 62. Additions to Council Policy Manual. a) Policy No. 104 - Requirement of public hearings relative to all Ordinances - Resolution No. 86-56. Council consensus: Send back to staff for revision. b) Policy No. 105 - Election of Mayor and term of office - Resolution No. 86-57. 82>age nine City council Minutes August 12, 1986 BUSINESS ITEMS - continued. 62. Additions to Council Policy Manual - Continued. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED TO DENY COUNCIL POLICY NO. 105. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION NOES: COUNCILMEMBERS: WINKLER, STRIGOTTE 63. Ordinance No. 775 relating to appointment and removal of Planning __ Commissioners. Mayor Strigotte reported that he had requested an ordinance be prepared amending the procedure for appointing members of the Planning Commission. The Ordinance would amend Ordinance No. 539 and section 2.24 and 2.24.040 of the Lake Elsinore Munici- pal Code. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED TO DENY ORDINANCE NUMBER 775 RELATING TO APPOINTMENT AND REMOVAL OF PLANNING COM- MISSIONERS. AYES: NOES: ABSTENTIONS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: MATSON, WINKLER DOMINGUEZ, VERMILLLION STRIGOTTE ADJOUNRMENT MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 10:59 P.M., TO THURSDAY, AUGUST 14, 1986 AT 5:30 P.M. ....- ATTEST: ....-