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HomeMy WebLinkAbout03-23-1993 City Council MinutesMIN[JTES REGIILAR,CITY COUNCIL MEETING CITY'OF LARE ELSINORE 31315 CHANEY STREET LARE ELSINORE, CALIFORNIA TUESDAY~ MARC$ 23~ 1993 *i~A~ktrir******~k***#rfk~k*&~k***it~k*~k~k*~k~k~k**~k*~t*~4~FA4lktk**~Ir~k~k~k*ir~Ffrfk~k*~F~F*irtr~k CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m, PLEDGE OF ALLEGIANCE The pledge of allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Administrative Services Manager Shear, Community Director Tecca, Special Special Projects Watenpat Clerk Bryning. Manager Molendyk, City Attorney Harper, Director Boone, Community Development Services Director Sapp, Public Services Projects Coordinator Wood, Manager of igh, City Treasurer Pape and Deputy City PRESENTATIONS/CEREMONIAL3 A• Proclamation - Educational Partnershi Week.(F:122.1) Mayor Washburn explained that he had just participated in Principal for a Day with the School District and was very impressed with the schools then presented the proclamation to the audience. B• Proclamation - Month of the Youn Child.(F:122.1) Mayor Washburn read and presented the proclamation for Month of the Young Child. C• Presentation - Sheriff's De artment Bic cle Patrol(F:127,2) Mayor Washburn introduced Deputy Jeff Chebahtah who explained the purpose of the Bicycle Patrol and showed the bike that is going to be used. He further explained the training they receive and the uniform that is worn and stated that the purpose is to give better patrol to shopping areas and the downtown area. Mayor washburn then addressed the rumors that have been circulating in the City, He explained the following: 1. The rumor that Mobile Home Owners would be assessed a $20o fee is not true since it does take Council action to do this. 2• The rumor that once the City takes the Lake it will cost the citizens $34,000,000; having talked to Ken Jones, Director of State Parks the numbers were wrong and operational costs are $1.1 Million Dollars. There is also a chance that the City will receive a Million and a half dollars from a grant. ~: PAGE TWO - CITY COUNCIL MINUTES - MARCH 23~ 1993 Mayor Washburn cautioned the audience to discount gossip and rumors and be sure of their facts in regard to the up-coming Special Election. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items: Item Nos. 37 & 39. CON3ENT CALENDAR MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council/Redevelopment Agency Joint Work Session - March 2, 1993. (F:44.4) b. Town Hall Meeting - March 4, 1993. (F:44.4) c. Regular City Council Meeting - March 9, 1993. (F:44.4) 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for February, 1993. (F:18.2) 3. Received and ordered filed the Investment Report for February 28, 1993. (F:12.5) 4. Ratified the Warrant List of March 15, 1993. (F:12.3) 5. Approved Hearing Date of April 13, 1993, for Zone Code Amendment 92-3 - City of Lake Elsinore - Historic Downtown Overlay District. (F:172.2) PUBLIC HEARINGS 21. General Plan Amendment 92-3 - H - Resolution No. 93.12.(F:83.2) City Manager Molendyk explained that this is the area that encompasses approximately 486 acres within the historic downtown area of the City. It is bounded to the north by Collier Avenue and Interstate 15, to the south by Lakeshore Drive, the west by Chaney Street and the east by Grove Avenue, Conklin Avenue and Rupard Street. Mayor Washburn opened the public hearing at 7:15 pm. requesting those persons interested in this item to speak. The following person spoke: ., Robert Williams, P.O. Box 519, questioned the activity that will occur due to this action. He stated that he had not received a notice of this item and would like to know how it affects his property on Sumner Avenue and Main Street. City Manager Molendyk explained that this item has been in process for the last seven years and there has been public hearings at the Planning Commission level and he was sure that there were public notices. This is being recommended to the City Council as a result of coming through the Planning Commission and it addresses land use. He further offered to meet with Mr. Williams and go in?to the project in depth. PAGE THREE - CITY COIINCIL MINUTES - MARCH 23~ 1993 Community Development Manaqer presented an exhibit to show what the zoning and ~and use is in the questioned area and explained that Sumner' Avenue and Main Street is neighborhood commercial. Robert Williams stated that he would meet with Community Development Manager Shear to better understand the project. Mayor Washburn asked if any other person wished to address this item. Hearing no one, the public hearing was closed at 7:22 p.m. Councilman Alongi explained that his concern is that to increase the density will increase the cost of building. He stated that he felt that the density should not be changed in that area and single family residences would not be built since there are apartments there already. The builder would still have to contend with Title 17. Gouncilman Alongi explained that this whole issue was developed to retain the historical theme and to bring into conformance any other properties that are already in use and bring them into conformance with the General Plan. Councilwoman Cherveny stated that she would like to see the density reduced as recommended by the Planning Commission. The recommendation that all areas delineated High Density Residential be redesignated Medium High Density Residential and all areas delineated Medium Hiqh Density Residential be redesignated Medium Density Residential. She further explained that this would reduce the density and would assist in addressing the traffic circulation problem in that area. MOVED BY CHERVENY TO APPROVE PLANNING COMMISSION RECOMMENDATIONS 1 AND 2 TO REDUCE DENSITY. MOTION DIED FOR LACK OF A SECOND. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE GENERAL PLAN AMENDMENT 92-3 - HISTORIC DOWNTOWN LAND USE PLAN , MITIGATED NEGATIVE DECLARATION 92-7, GENERAL PLAN AMENDMENT 92-3 AND RESOLUTION 93-12 WITH FINDINGS APPROVING THE EXISTING LAND USES AS DECIDED BY THE CONSULTANT AND THE DESIGN REVIEW COMMITTEE. Councilwoman Cherveny explained that the City already has an existinq situation on Joy and Nashland of High Density Residential and that she does not want to see that situation occur in this area. Mayor Washburn explained that the concern seems to be the 18 units over the 24 units and the developer will still have to conform with Title 17 which has certain requirements to would limit the amount of units possible. The standards of this document are the important issue and should be addressed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE WITH THE FOLLOWING FINDINGS AND RESOLUTION: RESOLUTION N0. 93-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1993. FINDINGS - GENERAL PLAN AMENDMENT 92-3 +.: The approval of the requested designations permits development to the highest and best nature within PAGE FOUR - CITY COUNCIL MINUTES - MARCH 23~ 1993 mitigable means to insure maintenance of the general public health, safety and welfare. Granting of the requested designations will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property~s location, access and constraints. 4. The proposed change will not result in any significant adverse impacts on the environment. It was noted at a later time in the City Council Meeting the Exhibit "A" Map was the area discussed and will be used as the area called out. 22. General Plan Amendment No. 92-5 and Zone Chan e No. 92-4 for North Alberhill Ranch Area - Resolution No. 93-12 and Ordinance No. 951.(F:83.2)(X:172.2) City Manager Molendyk explained that the Planning Commission approved the request to amend the request to amend the City~s Land Use Element of the General Plan. He further explained that this amendment would fit into a temporary land use plan for the area around I-15 and Lake Street. It is reoommended by the Planning Commission that Council adopt Negative Declaration No. 93-2, approve the General Plan Amendment No. 92-5 and adopt Resolution 93-12 and adopt Ordinance 951 based on the listed findings. Mayor Washburn opened the public hearing at 7:33 pm. requesting those persons interested in this item to speak. The following person spoke: Jon Friedman, Long Beach Equities, stated that his firm is the land owner and Mr. Halloran is the applicant and gave an overview of the project and explained that the applicant will conduct surface mininq operations to create developable pads and prepare the site for future residential and commercial development. He further explained that the topography and geology of this property make it economically infeasible to grade it for development, and surface mining provides resources and prepares a rough grade for residential/ commercial elevations and configurations. Mr. Friedman explained that this project will also provide jobs for the local area. Mayor Washburn asked if any other person wished to address the item. Hearing no one, the public hearing was closed at 7:37 :~ p.m. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION N0. 93-2, GENERAL PLAN AMENDMENT NO. 92-5, ADOPT RESOLUTION NO. 93-12, ZONE CHANGE 92-4, ADOPT THE FOLLOWING ORDINANCE NO. 951 AND FINDINGS. ORDINANCE NO. 951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO CHANGE.THE 20NING TO INCORPORATE THE RESOURCE CONSERVATION (RC) OVERLAY DISTRICT FROM SPECIFIC PLAN AREA (SPA) TO SPA (RC). THE SITE CONSISTS OF APPROXIMATELY 423 ACRES Fj2THIN SECTION 15T.5S R.5W S.B,M. IT IS LOCATED ON' THE NORTH SIDE OF THE INTERSECTION OF INTERSTATE 15 AND LAKE STREET. (ZONE CHANGE 92-4, HALLORAN AND ASSOCIATES). PAGE FIVE - CITY COUNCIL MINUTES - MARCH 23~ 1993 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ~ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE RESOLUTION NO. 93-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST ,~,- CYCLE OF THE CALENDAR YEAR OF 1993. FINDINGS - GENERAL PLAN AMENDMENT: 1. The proposed General Plan Amendment would permit mining and reclamation operations as an interim use prior to development and will not alter the allowed uses under the current General Plan Land Use designation for the particular area. 2. Surface mining and reclamation operations will stabilize the site for future development of the site. Mining and reclamation practices are currently permitted adjacent to the site to the south and southwest. 3. The proposed General Plan Amendment is consistent with the surroundinq land use designations. Granting the requested amendment will permit development that would , otherwise be cost prohibited. 4. This request will not result in any significant adverse impact on the environment. FINDINGS - ZONE CHANGE: 1. This project is consistent with the Goals, Policies, and Objectives of the General Plan. 2. The requested overlay zoning requirements will bring future mining request into conformance with the established zoning for the project area and into conformance with the General Plan. 3. This Zone Change establishes the necessary zoning to conduct mining operation necessary to prepare the site for future development. 4. This request will not result in any significant adverse impact on the environment. BUSINESS ITEMS 31. Trauma Intervention Fundina - 4th Ouarter 1992-93 (F:127.1) City Manager Molendyk explained that this is an enhancement for public safety run through the Inland Valley Hospital. He further explained that the program is staffed by volunteers and the purpose is to relieve the City police officers to patrol while the volunteers who are trained assume the PAGE SIX - CITY COUNCIL MINUTES - MARCH 23~ 1993 responsibilities of handling emotional issues which normally are done by law enforcement. Mr. Molendyk explained that the cost for the last quarter of fiscal year 1992-93 is $828.75 for training. The annual cost for training would be $3,100. Staff feels that this is a valuable program and recommends favorable consideration. Mayor Washburn stated that this is the only organization that law enforcement and other related agencies allow on the scene to assist with the trauma of the incident. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SUPPORT OF THIS PROGRAM AND FUND THE TRAINING. 32. Chancte nrdar Nn_ a f~r r.;,,...,i., e~,..,...,~ ..___~ .-------- '- - 88-3.(F:22.3) City Manager Molendyk explained that the total cost of amendments to the contract is $31,538.03 for changes done to Lincoln, Grand and LeGaye street improvements. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AMENDMENTS TO THE CONTRACT FOR STREET IMPROVEMENTS FOR LINCOLN STREET, GRAND AVENUE AND LE GAYE STREET, C.F.D. 88-3~ IN THE AMOUNT OF $31,538.03 FOR THE ADDITIONAL FACILITIES AND AUTHORIZE THE CITY ENGINEER TO PROCESS AND EXECUTE THE APPROPRIATE CHANGE ORDER DOCUMENTS. 33. (F:22.3) City Manager Molendyk explained that the total costs of the change.orders come to $27,838.00 for changes done to the Robb Road Booster Pump Station Improvements on Orange Grove Way. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AMENDMENTS TO THE CONTRACT FOR THE ROBB ROAD BOOSTER PUMP STATION IMPROVEMENTS ON ORANGE GROVE WAY - C.F.D. 88-3 IN THE AMOUNT OF $27,838. FOR ADDITIONAL FACILITIES AND AUTHORIZE THE CITY ENGINEER TO PROCESS AND EXECUTE THE APPROPRIATE CHANGE ORDER DOCUMENTS. 34. Resolution No. 93-14 - Adobtina the Material Recoverv Facility Fee.(F: 163.2) City Manger Molendyk explained that this item addresses the recycling program to meet the goals of State Law AB 939. The resolution will allow for a special fee increment to be collected to build and operate a Material Recovery Facility to separate and recycle trash and save space in the landfill =t sites. He further explained that this is part of the program that the City Council adopted earlier in the year. Mayor Washburn asked if the contract already entered into allowed for this. City Manager Molendyk stated that it did. MOVED BY DOMINGIIEZ TO APPROVE STAFF RECOMMENDATION TO APPROVE RESOLUTION N0. 93-14. MOTION DIED FOR LACK OF A SECOND. City Attorney Harper noted that the resolution which was copied from another agency called..for a four-fifths majority vote. The other agency adopted it as a urgency measure and did require a four-fifths vote. This resolution will go by simple majority. Councilman Winkler questioned the need to bring this item before Council if it is already part of the contract. PAGE SEVEN - CITY COUNCIL MIN[JTES - MARCH 23~ 1993 Mr. Fahrion of CR & R explained that this is the formal resolution and CR & R brought this resolution before Council as a part of the explanation of what is occurring with compliance of AB 939. He further explained that the Resolution is a part of the Bond package which will go to the underwriter filing the bonds. As part of the contract, this item falls under an extraordinary increase which addresses the MRF and the related fees and is appropriate to bring before the City Council. Mayor Washburn asked Special Projects Coordinator Wood to address this as he was not aware of a Bond Counsel comments. Special Projects Coordinator Wood explained that the idea of this is to issue revenue bonds which will not be issued by our City. They will be issued by the City of Perris, but all of the cities in which CR & R is serving will participate and the MRF fees would go for the debt service on the bond issue. The City of Lake Elsinore would not be directly involved in issuing bonds; it is a revenue bond issue. Councilwoman Cherveny questioned the amount of increase in fees of $2.36 and asked why the community would have to pay an increase when we are already separating refuse. She stated that other cities that CR & R is servicing are not separating and should pay the extra fee, but the City of Lake Elsinore is and should not have to pay the increase. Mr. Fahrion explained that this is to defer the cost of sorting and breaking down the refuse and offers a long term one stop destination for all refuse, and the other cities will be paying an equivalent fee when they begin the sorting process and come in compliance with AB 939. He further explained that the cities which are paying the lower fees are not recycling and the refuse is going directly to the landfills and the MRF fee is to off-set the cost of the facility. Mr. Fahrion stated that the increased amount would go directly to the bond repayment and not to CR & R. He further explained that this is to meet the qoals of reduction of solid waste required by the State. Councilwoman Cherveny restated that she felt that the citizens of the City are already doing the sorting of the trash and yet, pay a higher fee for their service than the other cities that CR & R services and she feels that CR & R should not levy more fees as a result of that. MOVED BY WINKLER, SECONDED BY WASHBURN TO TABLE RESOLUTION NO. 93-14. ON A SUBSEQUENT MOTION MOVED BY CHERVENY, SECONDED BY ALONGI AND DENIED BY A 2 TO 3 VOTE WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE NEGATIVE VOTE TO DENY RRSOT~TTTTf1N a~_~ n Mayor Washburn then called for the main motion. THE MAIN MOTION WAS APPROVED BY A 3 TO 2 VOTE WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTE. RESOLUTION NO. 93-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADOPTING AN ADDENDUM TO EXHIBIT "C" OF THE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND CR&R INCORPORATED FOR THE PURPOSE OF ESTABLISHING RATES TO BE CHARGED FOR SERVICES PROVIDED BY THE PERRIS MATERIAL RECOVERY FACILITY (MRF). ,:: PAGE EIGHT - CITY COUNCIL MINOTES - MARCH 23, 1993 35. Desian RP_VIPW nF TnAnc}rinl Dv...~....a wr~ nn F•86.2) City Manager Molendyk gave an overview of the project and explained that this is a 36,000 square-foot office/warehouse building which will provide additional office/storage space of the existing facility and approved warehouse/office use. He further explained that this project would not start until building until the outflow channel is under construction and the Lake Management Plan is in place to make sure there is no further flooding problems. Staff suggested approval of this project with the addition of Condition No. 37 as follows: 37. Given that the proposed building is within the Lake Elsinore Floodplain and given current flood conditions, building permits shall not be issued until the Lake Elsinore Outflow Channel is substantially under construction. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADD CONDITION NO. 37, CHANGE CONDITION NO. 1 TO READ 2 YEARS AND ADOPT NEGATIVE DECLARATION NO. 93-1 AND APPROVE INDUSTRIAL PROJECT NO. 92-1 BASED UPON THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS: 1. Subject to the attached conditions of approval, the proposed projects are defined is not anticipated to result in any significant environmental impact. 2. This project as proposed and defined is in substantial compliance with the Goa1s, Policies and Objectives of the General Plan. 3. Conditions and safeguards, including guarantees and evidence if compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82 and the planning district in which the site is located. Special circumstances, as indicated in the Staff Report, are present on the project site and in the proposed design which warrant approval of a metal building on the site. :x CONDITIONS• 1. Design review approval for IndustYial Project No. 92-1 will lapse and be void unless building permits are issued within two (2) year. An extension of time, up to one (1) year per extension, may be granted`'~by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. Prior to issuance of building permits, applicant shall provide assurance that all required approvals and/or clearances from Army Corps of Engineers have been met. 3. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certifica£e of Occupancy and release of utilities. PAGE NINE - CITY COUNCIL MINUTES - MARCH 23, 1993 4. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to the .review of the Community Development Manger. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. - 5. Structure shall be placed on-site as depicted on the plot plan and/or as modified by the Community Development Manager or designee. 6. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or ~: designee, prior to issuance of building permit. 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Manager, prior to issuance of building permit. 8. The project shall connect to sewer if a sewer line is within 200 feet of the project boundary unless it is demonstrated to the satisfaction of the Chief Building ' Official that.this is infeasible. If the project does not connect to sewer, applicant shall submit a Soils Report which includes a sewage disposal plan referenced to the grading plan and approved by the Riverside County Health Department. 9. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. 10. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be desiqned so that every unit is provided with a 12~ x 20' (twelve-foot by twenty-foot) loading space as required by the City Municipal Code. 11. Construction trailers utilized during construction shall be approved by the Planning Division. 12. All exterior downspouts shall be painted to match the building. 13. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or designee. 14. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 15. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 16. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. PAGE TEN - CITY COUNCIL MINUTES - MARCH 23~ 1993 17. Any signage shall be approve by the Community Development Manager of designee. 18. The existinq mobile caretakers residence and greenhouse (Quonset huts) shall be landscaped to screen these structures from Corydon Street. Plans shall be reviewed and approved by the City's Landscape Architect. 19. Prior to issuance of building permits, applicant shall provide assurance that the building is not situated within the restricted areas under the Alquist Priolo Act. 20. Prior to issuance of building permits, applicant shall provide a soils report for approval by the Engineering Department. a) Given that the proposed landscaping is within the Lake Elsinore Floodplain and given current flood conditions scheduling for landscaping for the project shall be as follows: The portion that runs along the Quonset huts and the chain-link fence between the park shall be planted by time of occupancy. Completion of the landscaping will occur within one year from the date the Lake Elsinore outflow Channel is functional and/or flood waters have receded elevation of planting. A Landscaping Bond shall be posted with the City. 21. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 22. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 23. The parcel shall have direct access to public right-of- way or be provided with a minimum 30 foot ingress and egress easement to public right-of-way. 24. Pay all Capital Improvements and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26) 25. Submit a"Will-Serve'~ letter to the City Engineering Department, from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. =x 26. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading approval. 27. On-site drainage shall be conveyed to a public facility or accepted by the adjacent property owner by a letter of drainage acceptance or conveyed to a drainage easement, or conveyed to the Lake Elsinore Floodplain. 28. All natural drainage traversing the site shall be conveyed through site or provided for by a method approved by the City Engineer: 29. Developer shall contribute $7,500 towards the design and construction of a traffic signal at the intersection of Corydon and Mission Trail. This development will increase traffic at the intersection at least 5o and should contribute 5% towards construction. PAGE ELEVEN - CITY COONCIL MINIITES - MARCH 23, 1993 30. Meet all the requirements of Chapter 15.68 of the Municipal Code r;egarding floodplain management. 31. Meet all the requirements of Chapter 15.64 of the Municipal Code regarding flood hazard segulation. 32. Developer shall be subject to all Master Planned Drainage fees & will receive credit for all Master Planned Drainage facilities constructed. 33. If grading exceeds 50 cubic yards, grading plans shall be prepared by a civil engineer and approved prior to grading permit. Prior to any grading the applicant shall obtain a grading permit and post appropriate security. 34. If applicable, the owner shall provide the city with ~ proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for a National Pollutants Discharge Elimination Permit (NPDEP) with a storm water pollution prevention plan. (SWPPP) prior to a grading permit. 35. No improvements shall be constructed below the 1,265' msl (Ordinance 858). 36. The building footprint lies above the 1,265 msl (mean sea level), but below the 1,267 msl (Exhibit "B"). According to Ordinance No. 858, building structures are permitted on areas higher than 1,265 ms1. To alleviate and/or mitigate potential flooding, the building pad elevation will be required to be 1,266.5 msl and the finish floor will be required to be 1,267 ms1. The parking area lies below the 1,265 msl. According to Ordinance No. 858, Section 15.68.052, no buildings or improvements, and artificial changes in the topography are permitted below the 1,265 msl. Engineering and Planning has agreed to allow the parking area to be made of three (3") of decomposed granite compacted at 95%. 37. Given that the proposed building is within the Lake Elsinore Floodplain and given current flood conditions, building permits shall not be issued until trie Lake Elsinore outflow Channel is substantially under construction. 36. Ordinance No. 950 - Graffiti Proaram (F:79.1) City Attorney Aarper explained that this Ordinance for Graffiti reflects the direction Council gave at the last meeting. Councilwoman Cherveny stated that by tightening and beefing up the code she hoped the City could throw the book at the persons doing the graffiti. City Manager Molendyk explained that the Council wanted higher penalties and the State legislation only recommends community service time and a fine of $250.00. If the Council adopts a $500 or $1,000 fine, it would be used. City Attorney Harper explained that this addresses two different things. One is penal code violations which the City has no control of, and the other is a Municipal Code which the City has the right to enforce as a misdemeanor with up to one year in jail and a fine of up to $1,000. Depending upon State leqislature, it may be determined that their law preempts all other laws, but this will be decided in the future. He further stated that the ordinance may have to be re-examined at a later date. PAGE TWELVE - CITY COUNCIL MINUTES - MARCH 23~ 1993 MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE ORDINANCE NO. 950: ORDINANCE NO. 950 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, WITH REGARD TO TIiE CONTROL AND REMOVAL OF GRAFFITI. Councilman Alongi questioned 9.52.040 (1), which prohibits the sale of pressurized cans containing paint or dye to persons under the age of 18 and explained that those persons who are under the age of 18 can simply go to Wildomar or Corona or elsewhere and purchase spray paint. He questioned the restriction on honest persons under the age of 18 who wish to purchase spray paint. He further addressed 9.52.040 (2) and stated that he felt that it was unnecessary. THE FOREGOING MOTION WAS PASSED UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY~ DOMINGUEZ~WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE 37. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO APPROVE SETTING A PUBLIC HEARING FOR APRIL 27, 1993 TO CONSIDER ALL PROTESTS AND APPROVE RESOLUTION NO. 93-15 AS FOLLOWS: RESOLUTION NO. 93-15 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. Councilwoman Cherveny stated that she had several complaints in regard to trees being trimmed and stated that the notice ~t does not specify that their trees need to be trimmed. She explained that on this notice tree trimming was not addressed. Community Development Manager Shear explained that because of the problems experienced last year it was decided that the tree trimming issue would be addressed through the Nuisance Abatement process and receive bids to comply with the process. Councilwoman Cherveny questioned if it was necessary to place something on the notice to that effect, to keep consistency, because last year we had large amounts charged to do the tree trimming and we need to provide' information. Mr. Shear explained that last year's notice included tree trimming and if the people compare they will see that tree trimming was excluded in this year's notice. ' PAGE THIRTEEN - CITY COUNCIL MINUTES - MARCH 23, 1993 Councilwoman Cherveny asked the consensus of Council as to whether they wanted to enforce tree trimming or not on this year's weed abatement'program. Mayor Washburn advised that he had a request to speak on this item and called on Leon Strigotte. Leon Strigotte, 216 Chaney Street, explained that he felt that there should be something in the notice which addresses tree trimming. He further explained that the Nuisance Abatement process is a long drawn out process and is costly in staff time and he felt that it should be addressed at the same time as weed abatement of the property. He further explained that he wanted to see the City continue its abatement program and keep the City clean. Mr. Strigotte made the recommendation not to modify the program, but to continue to do the weed and ~: nuisance abatement on lots and pass the charges onto the public to maintain the City. Councilwoman Cherveny explained that she would like to see items addressed in red on the notice to better point out the issues that will be addressed by weed abatement. Mayor Washburn asked how many people questioned the amount charged for tree trimming and explained to the public why tree trimming has been a part of the weed abatement program. Community Development Shear advised that there were several. Councilwoman Cherveny asked if tree trimming could be added back in. City Manager Molendyk stated that he did not feel that staff had received direction from Council to drop tree trimming. There was discussion in regard to nuisance abatement and funding. City Attorney Harper explained that the State of California Statute allows such thinqs as abatement in the case of tree trimming to be added to property taxes. City Manager Molendyk explained the time difference between nuisance abatement and weed abatement. He further explained that nuisance abatement takes approximately 120 days and weed abatement is an annual program and the trimming would be done at the time of property abatement for weeds. AMENDED MOTION BY DOMINGUEZ, SECONDED BY CHERVENY TO INCLUDE TREE TRIMMING IN NOTICE AND ALL APPROPRIATE INFORMATION HIGHLIGHTED IN RED. THE FOREGOING MOTIONS WERE APPROVED BY A UNANIMOUS VOTE. 38. ~~rCC~~roczerv screeL tntersection Improvements (F:156.2) City Manager Molendyk gave an overview of the project and explained that this would improve the parking at Yarborough Park and related street improvement. He further stated that staff's recommendation was to reject the low bid of $49,155.07 from Moreno Asphalt and Seal Coat Company, and award the bid in the amount of $55,476. to Eastland Construction, Inc. It was requested that the low bid be rejected due to the fact that they do not have the proper contractors license for the project. City Attorney Harper asked if a representative from Moreno Asphalt and Seal Coat Company was present to address Council. No one approached Council from Moreno Asphalt. PAGE FOURTEEN - CITY COIINCIL MINOTES - MARCH 23~ 1993 Councilwoman Cherveny asked for the exact reason for rejecting the bid. City Attorney Harper stated that they did not have the appropriate license to perform the work required for the project. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A 4-1 VOTE WITH WINKLER ABSTAINING TO REJECT THE LOW BID OF $49,155.07 FROM MORENO ASPHALT AND SEAL COAT COMPANY AND ACCEPT THE BID OF $55,476 AND AWARD CONTRACT TO EASTLAND CONSTRUCTION, INC. 39. Skvlark Airport - Landina Stri~(F:14.1) Councilwoman Cherveny explained that she had received several letters in regard to Skylark Airport and this prompted her to place this item on the Agenda due to the concerns of the owners in the Serenity Home Tract regarding planes taking off over their homes. Mayor Washburn asked that it appeared in the records that this item was to return to Council upon approval of the other agencies. Mayor Washburn then called upon the persons who requested to speak as follow: Mr. Gary Douris, P.O. Box 1419, Lake Elsinore, explained that the State of California Cal-Trans and the City of Lake Elsinore had make it plain that no planes would take-off or land over a residential area. He further explained the alternate runway and explained how the planes take off and land without going over the housing tract. Mr. Walter O'Neil, 32410 Somerset Drive, stated his objection to the Council taking action without notifying the homeowners who wi11 be affected by these decisions. Theresa beAnge, Serenity Homes, stated her objections to the proposed landing strip and explained that it seemed that the planes were landing on her roof and this has caused her and her family great distress. Chris Hyland, 15191 Wavecrest, concurred with the homeowners of Serenity Homes Tract and stated that she felt that Council should have notified them before their action. Thomas Byrd, 32450 Racquet Club Way, stated his objection to the temporary runway due to safety factors. He stated that he had no problem with people pursuing their sports, but not at the risk of other people. Phil Williams, P,O. Box 519, Lake Elsinore, stated that if the City was going to allow planes to fly over private residents :~ then he felt that Skylark Airport should give an indemnity insurance agreement, protecting those people in case of a casualty. He further stated that there should be restrictions in regard to flight times. Leon Strigotte, 216 Chaney Street, explained that when he was on Council he voted against the Serenity housing project because it is adjacent to the airport and there is no regulation of the airport nor enforcement of any air laws. This constitutes a major safety hazard to the people in surrounding residences as well as the fact that there is no proper maintenance and the people'that live on Corydon have a tremendous amount of dust during the weekend as there is no water truck to mitigate that problem. PAGE FIFTEEN - CITY COUNCIL MINUTES - MARCH 23~ 1993 Edith Stafford stated that she concurred with the residents that there should have been more notice and as long as the plane did not take o~f or land over the school or Serenity Tract she did not have a problem. Tony Brogdon explained'the proposed runway and explained that the runway would be used by small planes only. Operations have ceased regarding jumping at this time due to the flooding, and majority of use will be by Larry Perkins to continue to do his maintenance business. Mr. Brogdon further explained that the airport does bring income to the community through use of the local shopping, restaurants and hotels. Councilman Winkler explained that the people of this organization are friends of his and he explained a jumpers responsibility to the community. He further explained that ~: since Skydive California, Inc. has taken over Skylark Airport the airport is responding to the new regulations and existing conditions. He further stated that he would like to have staff check recent accidents of small planes at other airports in the area as well as the effect it has on surrounding homes. Mr. Winkler asked that staff find out how much transit traffic occurs over the weekend at the airport. Mr. Winkler asked Mr. Brogdon if the airport is in operation now. Mr. Brogdon explained that it has not been in current operation. Councilman Dominguez stated that one of the conditions that the sellers had to make to the homebuyers for the Serenity Tract, was that they were right next to airport activity. Councilman Alongi stated that when the homes were bought it was a different runway than what is beinq proposed. There was qeneral discussion in regard to the runwaysr Mr. Alongi questioned the drainage ditch and also the lack of notification to the affected homeowners. He further stated that it was his understanding that this was to be brought back to City Council for review by the City Attorney and final approval by the Council and this had not been done. Councilwoman Cherveny explained that she had brought this item to Council because of homeowner's concern. She further explained that she felt that the Council needed to study the airport and she would like to see all landings and take-offs suspended until a ruling is made. MOVED BY CHERVENY TO SUSPEND ALL TAKE-OFFS AND LANDINGS AT SKYLARK AIRPORT. MOTION DIED FOR LACK OF A SECOND. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO CONTINUE THIS ITEM UNTIL COUNCIL HAS FURTHER INPUT IN REGARD TO ACCIDENTS AND INPUT FROM THE DEPARTMENT OF TRANSPORTATION AT THE NEXT STUDY SESSION, ON APRIL 1, 1993 AT 3:00 P.M. A SUBSIDIARY MOTION WAS MADE BY CHERVENY, SECONDED BY ALONGI TO DENY THE LANDING AND TAKE-OFFS FROM SKYLARK AIRPORT. THE SUBSIDIARY MOTION FAILED BY A 2-3 VOTE WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. THE ORIGINAL MOTION TO CONTINUE THIS ITEM WAS APPROVED BY A 3-2 VOTE WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. PIIBLIC COMMENT3- NON-AGENDIZED ITEM3 Albert Bishop, 300 Ellis Street, stated that he felt that the Recall was not goinq to accomplish anything and asked that Council try to work toqether. PAGE SIXTEEN - CITY COUNCIL MINIITES - MARCH 23~ 1993 Rick Zwiefel, 101 S. Main Street, Antique Emporium, e~tpressed his objection to wal-Mart and cautioned against suing the City Council for personal gain. Vivian Beaumont, 30630 Brookstone Lane, criticized the Mayor and councilmembers for disregarding the opinions of the community in regard to annexation and supported the Recall. Aggie Goodacre, 28760 Red Gum Drive, stated that she supported Mayor Washburn and ask for a no vote on the Recall. Dr. Ron James, 209 Mohr, spoke in favor of the Recall. John Grucella, 28484 Wood Mesa Court, reminded people to inform themselves and spoke in favor of the Mayor. Helena Holman, Lake Elsinore, stated her concern regarding the recall signs and developer signs. She further stated her concern and objection to the runway at Skylark Airport. Tony Gilenson, 151 N. Torn Ranch Road, expressed his concern regarding the Council and explained that he felt that the Mayor did not have the best interests of the community in his decisions, and spoke in favor of the Recall. Philip Williams, P.O. Box 519, Lake Elsinore, explained that he felt that Councilman Winkler should not vote on any issues regarding Wal-Mart because his firm represents Mr. Williams and it is a direct conflict. He asked that Mr. Winkler abstain on future decisions. Robert W. Houts, 32946 Rose Avenue, asked that Council pursue an agreement regarding launching rights for the County residents. Marge Rieder, 300 N. Ellis, expressed her disfavor with Mayor Washburn and stated she was in favor of the Recall. Chris Hyland, 1519i Wavecrest Drive, stressed her opinion in regard to Mayor Washburn and spoke in favor of the Recall. John McCO11ey, 29072 Palm View, stated his opposition to the Recall and cited the unnecessary cost of the election. Leon Striqotte, 216 Chaney Street, spoke in favor of Mayor Washburn and stated that the persons who are working for pro-Recall are not necessarily telling the truth and cited the improvements within the City that the previous Council was responsible for. Ace Vallejos, 15231 Cove Creek, stated his concern regarding the lights at Lakepoint Park. Mayor direoted him to see the Community Services Director. ,~ Chris McColley, 29072 Palm View Drive, commented that the Recall was causing a split in the community and was costly to the tax- payers. She spoke in favor of the Mayor and spoke in opposition to the Recal L Bob Williams, P.O. Box 519, Lake Elsinore, criticized Mayor Washburn for his action in regard to Wal-Mart and spoke in favor of the Recall. Edith Stafford, Lake Elsinore, questioned the cost of the Lake and explained that CLEAN is not responsible for some of the signs that have been posted for the Recall; that tfiey were done by a private party. She spoke in favor of the Recall. Dave Hinton, 3335o Adelpha, spoke in favor of an agreement regarding launchinq rights for the County residents and addressed the condition of the lake. PAGE SEVENTEEN - CITY COUNCIL MINUTES - MARCH 23~ 1993 Lela Cardoza, 300 Ellis St., spoke in favor of the Recall and the signs which are being remoyed by the anti-recall people. Peter Dawson, 1so10 Grand Ave., expressed his concern regarding the Lake rights of the County residents and asked for cooperation by the Council for a Lake launching agreement. MAYOR WASHBURN DECLARED A RECESS AT 10:10 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:20 P.M. CITY MANAGER COMMENTS Reported on the Recognition Dinner for County Fire Fighters on Saturday night. Assured the public that should it rain next week the City is ,;: prepared to take the necessary safety steps. Reaffirmed April 1, 1993, at 3:00 p.m. as the Work Session for the Skylark Airport. Reported there is a possibility of two alliqators loose in the lake and that L.E.A.F. and the State Fish and Game will be trapping them. CITY COUNCIL COMMENT3 Councilman Alongi commented on the following: 1. Expressed his sympathy to the family of the Senior citizen that died today and commended her in memory on her active role in the community and the caring she showed toward her fellow man. ` Councilwoman Cherveny commented on the following: 1. Expressed her sorrow over loosing a Senior who was a quiet contributor in the community. 2. SOK will be having a bake sale on April 9 at K-Mart and on April 10, at Stater Brothers. They will be selling goodies for Easter baskets 3. Lake Elsinore Civic Light Opera will be presenting Fiddler on the Robb at the Stephen Price Theater on March 26, and 27, at 7:30 p.m. and on March 28, at 2:00 p.m. The tickets are $15.00 and the numbers to call are 678- 6240 or 678-3747. She recommended that the community support this activity. 4. Reported that she participated in the Principal for a Day at the Temescal High School and stated that it was a good experience. Councilman Winkler commented on the followinq: 1. Explained that Robert Christen, City Planner had been in a serious car accident and that he and his family are praying for him. Mayor Washburn commented on the following: 1. Reported that he had participated in Principal for a Day at the Lake Elsinore Middle School and that he had attended there when he was young and was very proud of what has been accomplished. He asked that Staff and Council consider adopting a school each year to assist the school system. PAGE EIGHTEEN - CITY COUNCIL MINUTES - MARCH 23~ 1993 2. The loss of the Senior who he admired puts life in perspective and helps to make you realize how important people are. Both Family and Friends. He further stated that the current political situation has no meaning in comparison to this. 3. He stated that he is praying for Robert Christen and the family of the Senior. The Regular City Council Meeting was recessed to the Redevelopment Aqency Meeting on March 23, 1993 to hold a Joint Closed Session to hear potential litigation. Due to the lateness of the hour the Redevelopment Aqency Meeting was adjourned to March 25, 1993, at 5:00 p.m. THE CITY COUNCIL MEETING WAS RECESSED AT 10:36 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 6:30 P.M. CL08ED SESSION TAE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY BOARD TO DISCIISS MATTERS OF POTENTIAL LITIGATION MARCH 25, 1993, AT 6:30 P.M. THE CITY COUNCIL MEETING WAS RECONVENED MARCH 25, 1993, AT 6:51 P.M. WITH NO ACTION TAKEN ADJOURNMENT THE REGULAR CITY COUNCIL MEETING 6:51 P.M. ADJOURNED MARCH 25, 1993, AT ~ ~~~ ~. wASxsuxrr, =x Respectfully submitted: ~ / Adria L. Bryning, Depu Cit C erk