HomeMy WebLinkAbout06-23-1992 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA I
TUESDAY, JUNE 23, 1992
**************~**************************************x*************************
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Washburn at 7:02
p.m.
PLEDGE OF ALLEGIANCE ~
The Pledge of Allegiance was led by Mayor Pro Tem Dominguez.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER,
WASHBURN
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Molendyk, Assistant City Manager Rogers, City
Attorney Harper, Administrative Services Director Boone, Public Services
Director Tecca, Community Development Manager Shear, Community Services Manager
Sapp, City Planner Christen, Special Projects Coordinator Basham, Special
Projects Coordinator Wood and City Clerk Kasad.
PRESENTATIONS/CEREMONIALS
Mayor Washburn went outside to introduce Holly Spencer and her pet Pot-Bellied
Pig "Oscar".
A. Certificate of Merit = State Tae Kwon Do Champion = Christopher Black.
(F:56.1)
Mayor Washburn called Christopher Black forward and detailed his
accomplishments in Tae Kwon Do. He presented him with a Certificate of
Merit. Christopher demonstrated his Black Belt Kata.
PUBLIC COMMENTS _ AGENDIZED ITEMS
Mayor Washburn advised that he had received requests to address agenda items
52, 53 and 54; and commented that those items would be addressed in turn.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for further
discussion and consideration:
Item Nos. l.b., 2, 4, and 11.
MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE
THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. City Council Study Session - June 4, 1992. (F:44.4)
3. Received and ordered filed the Investment Report for May 31, 1992. (F:12.5)
5. Adopted Resolution No. 92-32 relating to Final Approval for Annexation No.
45 - Golden Castle Plaza Ltd. (Formerly Pacific Scene), located at the
Terminus of Mountain Street adjacent to the Lake Terrace Tract. (F:20.2)
RESOLUTION N0. 92-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
PAGE TWO - CITY COUNCIL MINUTES - JUNE 23, 1992
ORDERING TERRITORY DESIGNATED ANNEXATION NO
LAKE ELSINORE WITHOUT NOTICE OR HEARING AND
ORTEGA TRAILS RECREATION AND PARK DISTRICT.
45, ANNEXED TO THE CITY OF
CONCURRENT DETACHMENT FROM THE
6. Adopted Resolution No. 92-33 relating to Final Approval for Annexation No.
58 - Tozai, Inc., located on the North side of Running Deer Road at the
Intersection of Rolando Road - Resolution No. 92-33. (F:20.2)
RESOLUTION N0. 92-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of LAKE ELSINORE, CALIFORNIA,
ORDERING TERRITORY DESIGNATED ANNEXATION N0. 58, ANNEXED TO THE CITY OF
LAKE ELSINORE WITHOUT NOTICE OR HEARING AND CONCURRENT DETACHMENT FROM THE
ORTEGA TRAILS RECREATION AND PARK DISTRICT.
7. Approved Memorandum of Understanding with the Public Employees Association
of Riverside County, Inc. for the Fiscal Year~ 1992/93. (F:116.2)
8. Approved Change Order No. 4 for Lincoln Street, Grand Avenue, and Le Gaye
Street, Street Improvements, in Community facilities District 88-3, for
Summit Grading and Paving, Inc., in the amount of $135,529.45. (F:22.3)
9. Approved Change Order No. 7 for Storm Drain Line "C" and "C-1" in
California Street, St. Clair Street, Machado Street, LeGaye Street,
Riverside Drive, Broadway and Grand Avenue, in Community Facilities
District 88-3 (Pre-Cast Pipe Only), for Utah Pacific Construction Company,
in the amount of $35,613.56. (F:22.3)
10. Authorize Quitclaim of Storm Drain Easements for Ortega Channel to the
Riverside County Flood Control District and authorized recordation of
deeds. (F:132.1)
12. Adopted Resolution Nos. 92-37 thru 92-40, Confirming F/Y 1992-93 Special
Assessments for Assessment District Nos. AD 87-2; AD 89-1.; AD 86-1 and AD
90-1A. (F:22.3)
RESOLUTION N0. 92-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING
THAT THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON
THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 87-2 - SHOPPERS
SQUARE).
RESOLUTION N0. 92-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING
THAT THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON
THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 89-1 - SUMMERHILL
BRIDGE IMPROVEMENTS).
RESOLUTION N0. 92-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING
THAT THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON
THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 86-1 - NORTHWEST
SEWER DISTRICT).
RESOLUTION N0. 92-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING
THAT THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON
THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 90-1A - SUMMERHILL
PUBLIC IMPROVEMENTS).
13. Approved Transfer of the Jean Hayman School Site to Lake Elsinore Unified
School District. (F:142.1)
PAGE THREE - CITY COUNCIL MINUTES - JUNE 23, 1992
14. Approved Final Tract Map 23988-2 for 888 Development. (F:160.2) I
15. Set a Public Hearing Date of July 28, 1992, for the Final Draft of the
Source Reductipn and Recycling Element (SRRE) and Household Hazardous Waste
Element (HI-~JE). (F:163.1)
t
ITEMS PULLED FROM CONSENT CALENDAR
1. Minutes
b. Regular City Council Meeting - June 9, 1992. (F:44.4)
Councilwoman Cherveny requested that Page Three, Agenda Item #6 be
corrected to read "Councilwoman Cherveny explained that........business
with Long Beach Savinas Bank".
MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE
THE CITY COUNCIL MINUTES OF JUNE 9, 1992, AS CORRECTED.
2. L.E.A.F. Animal Control Activitv Reoort = Mav• 1992. (F:18.2)
Councilman Alongi detailed the statistics for animals turn-in by owners,
adoption, animals euthanized, etc., and stressed the need for pet owners to
be responsible to help reduce those statistics.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE
AND ORDER FILED THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR MAY, 1992.
4. Warrant List = June 15• 1992. (F:12.3)
Councilwoman Cherveny detailed the following warrants which neared or
exceeded the $50,000. mark:
$49,000 payable to City of Lake Elsinore is the Gity's payroll.
$127,298 to A.W. Davies is fo~r project work in Community Facilities"'
District 88-3.
$369,401 to Lake Elsinore Redevelopment Agency for taxes on Community
Facilities District 90-2.
$203,000 to the Southern California Joint Powers Insurance Authority
for the City's annual insurance premium.
MOVED BY CHERVENY, SECONDED BY ALONGI:AND CARRIED BY UNANIMOUS VOTE TO RATIF.Y
,-,<THE WARRANT LIST FOR JUNE 15, 1992 AS„,PRESENTED.
.F:
11. Citv-Wide Lighting & Landscaping Maintenance District. Resolution Nos.
92-34 thru 92-36. (F:22.2) -
Councilwoman Cherveny requested information on this item.
City Manager Molendyk explained that this item represents a procedural step
in the annual establishment of the City-Wide Lighting & Landscaping
Maintenance District. He also explained that the average increase over
last year will be between $7 and $10 per unit for the year. He advised
that the increase is due to the Consumer Price Index increase, the
acceptance of new parks and landscaped areas and the 160 additional street
lights added over the last year.
City Attorney Harper clarified that the main action this evening is
adoption of the~~tesolution setting the public hearing for July 28, 1992.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION NOS. 92-34 THRU 92-36.
PAGE FOUR - CITY COUNCIL MINUTES - JUNE 23, 1992
l~
RESOLUTION N0. 92-34 '
A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS,
SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT
TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR ANNUAL ASSESSMENT
LEVY AFTER FORMATION OF A DISTRICT.
RESOLUTION N0. 92-35
A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S REPORT FOR ANNUAL
LEVY OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITHIN SAID CITY.
RESOLUTION N0. 92-36
A RESOLUTION OF THE CITY COUNCIL,~I~LARING ITS INTENTION TO PROVIDE FOR AN
~~ ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN
EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME
AND PLACE FOR PUBLIC HEARING TNEREON.
PUBLIC HEARINGS
31. Recoverv of Exoenditures = Recurrent Weed Abatement at Lots on East Graham
Avenue = AP #373-024-003: #373-024-004: 373-024-005: 373-024-006. (F:166.1)
City Manager Molendyk detailed this item which would allow for recovery of
costs in the amount of $458.60.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:18 p.m., asking those persons
interested in this item to speak. Hearing no one, the public hearing was
closed at 7:19 p.m.
MOVED BY CHERVENY; SECONDED BY WASHBURN TO CONFIRM THE COSTS Of THE ABATEMENT
AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL
ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND
INTEREST ACCRUED THEREON.
Councilman Alongi expressed concern witn charging for discing of each
individual parcel when they are in all in a row. He suggested that there
might be a fairer way to deal with this type of situation.
Councilwoman Cherveny stressed the responsibility of property owners to
maintain properties and keep the weeds down, without the City having to
intervene.
THE FOREGOING MOTION GARRIED BY UNANIMOUS VOTE.
32. Recoverv of Exoenditures = Structure Abatement at 17501 Collier Avenue -
AP #378-020-050-9. (F:32.4) -
City Manager Molendyk detailed this item for which total costs were
$16,771.00.
The City Clerk reported no written comments or prot~sts.
Mayor Washburn opened the public hearing at 8:22 p.m., asking those persons
interested in this item to speak. Hearing no one, the public hearing was
closed at 7:23 p.m.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO CONFIRM THE COSTS OF THE ABATEMENT
AND AUTHORIZE THE ADMINiS1RATIVE SERVICES DIRECTQR TO PLACE A S~ECIAL
ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND
INTEREST ACCRUED THEREON.
PAGE fIVE - CITY COUNCIL MINUTES - JUNE 23, 1992
Councilman Alongi inquired whether this demolition had been requested by
the owner. Community Development Manager Shear advised that this mat~er
had been processed through the proper abatement processes.
THE FOREGOING MpTION CARRIED BY UNANIMOUS VOTE.
r
33. Recoverv of Expenditures = Structure Abatement at 272 Ea_st Peck Street.
(F:32.4)
City Manager Molendyk explained this item which involved $2,101.00 in
abatement costs.
The City Clerk repbrted no written comments or protests.
Mayor Washburn opened the public hearing at 7:Z4 p.m. asking those persons
interested in this item to speak. Hearing no one, the public hearing was
closed at 7:25 p.m.
MOVED BY CHERVENY, SECONDED BY ALONGI TO CONFIRM THE COSTS OF THE ABATEMENT
AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL
ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND
INTEREST ACCRUED THEREON.
Councilman Alongi questioned the two types of "board-up" charges in the
billing. Community Development Manager Shear advised that the initial
board-up was to be a temporary measure with the owner to follow-up.
Subsequently, the owner could not be located and transients were entering
the building, so the building was later boarded up to meet FHA
requirements.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
34. Adoption of Ne ative Declaration 91-15 and Amendment of Resolution No.
91-66 for the Amendment of the Ci'tv's NOrthern S here of Influence
Boundarv. Resolution No. 92-41. (F:154.1)
City Manager Molendyk explained this item which involves only the Sphere of
Influence and not the City Limits.
City Planner Christen showed the location of the proposed change in sphere.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:28 p.m., asking those persons
interested in this item to speak. Hearing no one, the public hearing was
closed at 7:29 p.m.
Councilwoman Cherveny questioned the impact of this item on residents
already living in that area. City Planner Christen advised that there
would be no real impact on the residents, as they would still be in the
County, within the City's sphere.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS ~OTE TO ADOPT
RESOLUTION N0. 92-41:
RESOLUTION N0. 92-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO
INCORPORATE NEGATIVE DECLARATION 91-15, AMENDING RESOLUTION N0. 91-66,
REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AMEND THE
SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE TO INCORPORATE NEGATIVE
DECLARATION N0. 91-15.
FINDINGS
1. The proposed amendment to the Sphere of Influence will not have a
significant impact on the environment.
2. The proposed action is consistent with the Goals, Objectives and
PAGE SIX - CITY COUNCIL MINUTES - JUNE 23, 1992
Policies of the General Plan and the standards established in the
Municipal Code.
35. Tentative Parcel Ma~ No. 27483; Appeal of Planninq Commission Decision for
Conditional Use Permit No. 92-3 and Desi n Review No. R 92-1. (F:110.2)
City Manager Molendyk explained that there was a condominium proposed for
this project and that there were some concerns regarding the CC & R's and
how the project would fit into the neighborhood.
City Planner Christen explained that the Planning Commission had concerns
because the project is a two unit condominium and the potential of the CC &
R's being voted out by those two owners with particular concern for the
maintenance of the common area at issue. Planning Commission saw no
problems with the project if it was proposed as a duplex, but as a
condominium they saw potential problems.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:30 p.m., asking those
in favor of the project to speak.
Mazen Issa, 505 N. Tustin Avenue, Ste. 222, Santa Ana, explained that
after several discussions with staff, his client purchased the property
only to find out that there had been some confusion and that staff and the
Planning Commission had a problem with the concept of ownership. He
suggested that the only responsibility of the City is to maintain the
architectural integrity of the project and the CC & R's can be written to
prevent the owners from dissolving them. Mr. Issa stated that if the City
had ownership concerns then they should have developed an ordinance to
address this concern; and since there is no ordinance to address ownership
of this type he felt that the City should approve his project. He further
stated that if his client is required to address this project as a duplex
he will suffer a loss and he will address all potential problems if the
Council allows the project to proceed as a condominium.
City Planner Christen explained that this project was originally submitted
as a duplex and then revised to for condominium ownership. There is
nothing in the Zoning Code which addresses a two unit condominium and
relative to CC & R's the Planning Department nor any other public agency
enforces them, they are enforced by the property owners themselves.
Councilman Dominguez inquired whether the CC & R restrictions and
conditions could be added to the title.
City Planner Christen stated that this would be an enforcement
responsibility, which the City is not involved in, because it addresses a
maintenance situation.
Mayor Washburn closed the public hearing at 7:51 p.m.
City Attorney Harper explained that there is one way the CC & R's can be
enforced by the City and that is to make the City a part of the CC & R's,
which would obligate the City to enforce the obligations of the CC & R's.
City Attorney Harper advised that if the City is named it would become
involved in homeowner disputes.
Councilman Alongi suggested that there are too many~problems which can
occur with two separate property owners involved. He also suggested that
the condition addressing vinyl siding can be very attractive if done
properly; tandem parking should be allowed if it is addressed as a duplex;
and starting time for construction should really be 7:00 a.m. He suggested
that the best solution would be to remove these conditions.
Mayor Washburn commented that in all his years on Planning~Commission and
City Council he had never seen a duplex condominium.
PAGE SEVEN - CITY COUNCIL MINUTES - JUNE Z3, 1992
Councilwoman Cherveny clarified that this was originally submitted as a
duplex, and questioned when it was changed to a condominium. City Pl~nner
Christen explained that once the staff planner started looking into it he
received communication that it was actually a condominium.
Mayor Wash~urn stated that if this were approached as a townhouse situation
instead of a duplex or condominium then Council would approach it with a
different attitude.
Mr. Issa stated that if an individual house burns down then the City can
-- restrict and the CC & R's can be written to provide for the property owners
to conform. He fu ther stated that this is not a planning issue but rather
an issue of owners~ip.
Councilman Alongi stated that if Council were to approve this item then
Council would create two more substandard lots within the City.
MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO DENY THE
APPEAL OF PLANNING COMMISSION DECISION FOR TENTATIVE PARCEL MAP N0. 27483,
CONDITIONAL USE PERMIT N0. 92-3 AND DESIGN REVIEW N0. R 92-1, BASED ON THE
FOLLOWING FINDINGS:
FINDINGS
1. That the requested use, as a condominium proposal will be detrimental
to the general health, safety, and welfare of the persons residing in
the neighboring area of the City.
Due to the fact that the CC & R's can be potentially dissolved,
incompatible alterations to each unit may occur causing the
disturbances of the above mentioned factors.
2. That in approving this use as requested, there will be an adverse
effect on abutting property due to the nature, intent and consequences
of the proposal.
36. Formation of Communitv Facilities District 90-3 North Lake Elsinore
Hills = Resolution Nos. 92-42 thru 92-46 and Ordinance No. 932. (F:22.3)
City Manager Molendyk highlighted this item, advising that this District
will have no fiscal impact on the Community and the property is the
security for the bonds.
Special Projects Coordinator Wood advised that work has been proceeding
with the developer for some time and all issues have been resolved and
timing is being worked out. He detailed the locatiom of the proposed
District.
The City Clerk advised that a letter had been received which expressed
concern with Cambern Street and its impact on his property. Mr. Wood
clarified that the intent is not to continue Cambern Street through this
property at this time; it is only a potential future extension. He also
clarified that this piece of property is not within the proposed Oistrict.
Mayor Washburn opened the public hearing at 8:03 p.m. asking those persons
interested in this item to speak. Hearing no one, the public hearing was
closed at 8:03 p.m.
MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-42:
RESOLUTION N0. 92-42
A RESOLUTION OF FORMATION OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT N0. 90-3 (NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS),
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY
ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY
PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 23, 1992
OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE
QUALIFIED ELECTORS OF THE DISTRICT.
MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-43:
RESOLUTION N0. 92-43
A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN
THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0. 90-3 (NORTH
LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS) AND SUBMITTING PROPOSITION TO THE
QUALIFIED ELECTORS OF THE DISTRICT.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-44:
RESOLUTION N0. 92-44
A RESOLUTION CALLING SPECIAL ELECTION.
Mayor Washburn requested that the ballots be opened and the results
announced.
City Clerk Kasad opened the two ballots and announced that the results of
the election were unanimously in favor of the levy of the special taxes,
the establishment of the appropriations limit and the incurring of bonded
indebtedness.
MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-45:
RESOLUTION N0. 92-45
A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING
OF NOTICE OF SPECIAL TAX LIEN.
MOVED BY WINKLER, SECONDEU BY DOMINGUEZ TO GIVE FIRST READING TO ORDINANCE N0.
932:
ORDINANCE N0. 932
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE LEVYING
SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT N0. 90-3 (NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-46: ~
RESOLUTION N0. 92-46
A RESOLUTION AUTHORIZING ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF LAKE
ELSINORE FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0. 90-3
(NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS), APPROVING AND DIRECTING
THE EXECUTION OF A FISCAL AGENT AGREEMENT, AND APPROVING OT~ER RELATED
DOCUMENTS AND ACTIONS.
Larry Buxton, representing the applicant, thanked the Council for their
~
PAGE NINE - CITY COUNCIL MINUTES - JUNE 23, 1992
support and advised that they are anxiously awaiting the approval to
proceed, which they received by this action. ~
37. Presentation and Adontion of the Fiscal Year 1992-93 Budpet _ Resolution
No. 92-47. ~(F:30.1)
City Manager Molendyk detailed the budget process which included two
meetings of the Council Finance Committee and two public Study Sessions
with the City Council and Management Staff. He advised that based on those
meetings the recommended budget includes $9,522,700 for maintenance and
operations; $3,367,000 for capital projects for a total City budget of
$12,899,700. He e~ptained that a high priority had been given to public
safety with the addition of two deputies, increased overtime funding, and
extra funding for specialized training and equipment which will assist the
Sheriff's Department staff.
City Manager Molendyk detailed the proposed capital projects budget which
included $156,000 for curb, gutter and sidewalk improvements; $200,000 for
street improvements, $115,000 for a new traffic signal at Ortega/Grand;
$156,000 for Robb Road Right-of-Way; $250,000 for gas tank decontamination
at Main/Sulphur and Robb/Lakeshore intersections; $30,000 for Yarborough
Park parking lot paving; $30,000 for a Storm Drainage Study required by the
Federal Government; $100,000 for Storm Drainage Improvements; $81,000 for
Senior Center Improvements; $55,000 for Yarborough Park expansion/
acquisition (funded by C.D.B.G.) and $2,400,000 for the new Police Facility
to house the existing contractual services as well as any future police
operations.
City Manager/Executive Director Molendyk highlighted the Redevelopment
Agency budget which includes $11,634,300 for operations. He detailed the
proposed Redevelopment Agency Capital Improvement Projects which include
Lakeshore Bridge and related Channel Improvements; Wetland Mitigation on
Collier Avenue for which there is an $700,000 obligation; $1 million for
Lake Management; $3.1 million for Outflow Channel & Bridges; Downtown East
Assessment District Studies & Implementation $200,0OO;.Lake Management
Federal Debt $131,700; Mission Trail Improvements for $900,000; $450,000
for a Housing Rehabilitation Program which would include Clean-up &
Development and $200,000 for Historic Building Refurbishment.
Councilman Winkler stressed the need to recoup the monies expended for
Mission Trail Improvements.
City Manager Molendyk commented on the pending State Budget decisions and
the impacts they could make on the local level. He further commented that
the School District is anticipating a loss of between $700,000 and $2.2
Million; E.V.M.W.D. could lose $1.8 million. He stressed that based on the
current circumstances the budget presented this evening is balanced.
Mayor Washburn commented on discussions with other cities and legislators
to convince the State that the cities are not as financially well off as
the State believes. He also commented on a videotape from the League of
California Cities and the possibility of showing it at the next City
Council Meeting.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 8:20 p.m. asking those persons
interested in the 1992-93 Fiscal Year Budget to speak. Hearing no one, the
public hearing was closed at 8:21 p.m.
Mayor Washburn invited the City Treasurer to address Council on the
proposed budget.
City Treasurer Pape advised that he had the opportunity to work with Staff
and the City Council on this year's budget process. He also commented on
the dependence of the City on the State budget negotiations. He advised
that the proposed budget is balanced and police protection has been
PAGE TEN - CITY COUNCIL MINUTES - JUNE 23, 1992
increased, which he suggested was commendable based on the status of other
cities. He reminded the Community that the City began cutting back some
time ago to minimize budgetary problems.
City Manager Molendyk thanked the City Council, City Treasurer and Staff
for their assistance in the budget process and particularly thanked
Administrative Services Director Boone for his assistance. He commented on
a shift in interest earned on storm drain funds which will be applied to
curbs, gutters, sidewalks and street improvements; which reflects $281,000
in additional revenues.
Councilwoman Cherveny thanked staff for their hard work on the budget, and
stressed the unanimous Council priority and dedication to public safety.
Councilman Winkler concurred that the priority of the Council is public
safety, substantiated by the increase in the level of enforcement. He
commented on the impact of the Outlet Center on sales tax revenue and the
assistance to increase law enforcement. He further commented on the impact
of the State budget negotiations and reappropriations. He also commented
on the Amber Ridge Tract septic problems and requested that specific
recommendations come back to Council.
Mayor Washburn further commented on the need to address law enforcement and
the potential that a police tax may still need to be considered at a later
time. He also thanked staff for their efforts to present a balanced
budget.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-47 APPROVING THE 1992/93 FISCAL YEAR BUDGET:
RESOLUTION N0. 92-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1992-93 AND APPROPRIATING
THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN.
BUSINESS ITEMS
51. Extension of Time for Tentative Tract Map No. 24618 _ Georae Wimoev, Inc.
dba Morrison Homes. (F:160.2)
City Manager Molendyk explained this item and the location of the project.
He also clarified that the request should be for 38 homes rather than 35.
Kent Keyes, 508 W. Mission Avenue, Escondido, representing the applicant,
inquired whether annexing to the existing Lighting and Landscaping
Maintenance District would cover the slope maintenance. City Attorney
Harper clarified that the tract would automatically be part of the District
and questioned the ownership of the slopes. Mr. Keyes advised that they
would be privately owned. City Attorney Harper advised that in this case,
the District would not cover maintenance of the slopes. Mr. Keyes also
questioned the condition prohibiting phasing of the project. Mr. Harper
clarified the condition.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE
THE ONE YEAR EXTENSION OF TIME FOR TRACT 24618 BASED ON THE FOLLOWING FINDINGS
AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVA L• '~
FINDINGS
1. Substantial Progress toward the development of this Parcel Map has
taken place.
2. The Project as praposed and conditioned is consistent w~th the Goals,
Policies, and Objr.ctives of the General Plan.
PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 23, 1992
CONDITIONS
1. Extension of time for Tentative Tract Map No. 24618 will expire one (1)
year from date of approval unless an additional extension of time is
granted by the City of Lake Elsinore City Council in accordance with
the Sub~ivision Map Act and Title 16 of the Municipal Code.
2. The Tentative Tract Map shall comply with the State of California
Subdivision Map Act and shall comply to all applicable requirements of
the Lake Elsinore Municipal Code, Title 16 unless modified by the
Conditions of Approval.
3. A precise surv~y with closures for boundaries and all lots shall be
provided, per City Ordinance.
4. Signage for this subdivision shall require City Permits.
5. A noise study must be submitted prior to Minor Design Review approval
of the dwellings. Plotting and decorative block wall for Ortega
Highway, to ensure that the exterior and interior noise levels
specified by the City's Code are provided for lots 6-15 through
building construction and a sound attenuation wall. Standard highway
noise levels should be assured for the sound mitigation plan. The
City's Noise Ordinance must be met during all site preparation
activity.
6. Street names within the subdivision shall be approved by the Planning
Division.
7. A geologic report with associated recommendations will be required for
grading permits. All grading shall conform to the requirements of
Section 16.11 of the Subdivision Ordinance and Chapter 70 of the
Uniform Building Code. A temporary erosion control landscaping plan
shall be approved prior to issuance of grading permit. Temporary
erosion control landscaping shall be provided within 30 days of rough
grading. The applicant shall bond !00% for materials and labor for one
year.
8. Pay all Capital Improvements fees in effect at the time of issuance of
building permit.
9. Prior to final approval of Tract Map 24618 the improvements specified
hereirr and approved by the Planning Commission and the City Council
shall be installed, or the bonds and agreement for said improvements,
shall be submitted to the City, and all other stated conditions shall
be complied with.
10. Prior to Final Tract Map approval by the City Council, all lots within
this subdivision shall conform to the minimum dimensional standards of
the R-1 Zoning District.
11. Prior to Final Map approval, applicant shall obtain off-site slope
easements for grading from adjacent property owners. Such easements
shall be approved by the City Engineer and City Attorney and recorded.
12. Bond for drip or sprinkler irrigation system for sloped areas, prior to
the issuance of a building permit. If a crib wall is proposed, the
applicant shatl be responsible for the landscaping/irrigation for the
height and length of the wall. A planting/irrigation plan shall be
submitted and approved, prior to issuance of grading permit, subject to
the approval of the City's Landscape Consultant and the Community
Development Manager.
13. Building permits shall not be issued until proof of payment of school
mitigation fee is presented to City Building Division.
14. All of the improvements shall be designed by developer's Civil Engineer
PAGE TWELVE - CITY COUNCIL MINUTES - JUNE 23, 1992
to the specifications of the City of Lake Elsinore.
15. Comply with all conditions of the Riverside County Fire Department.
16. Applicant must meet all requirements of Elsinore Valley Municipal Water
District (EVMWD). The applicant shall provide connection to public
sewer for each lot within the subdivision. No service laterals shall
cross adjacent property lines and shall be delineated on engineering
sewer plans and profiles for submittal to the EVMWD.
17. The developer shall submit plans to Southern California Edison for a
layout of the street lighting system. The cost of street lighting,
installation as well as energy charges shall be the responsibility of
the developer and/or the association: Said plans shall be approved by
the City and shall be installed in accordance with the City Standards.
18. Meet all requirements of Southern California Edison Company.
19. Meet all requirements of Southern California Gas Company.
20. Meet all requirements of General Telephone.
21. All trailers used during construction, mailboxes and signage shall be
subject to Planning Division review and approval prior to installation.
22. The developer shall establish a Homeowners Association to manage and
impose fees to maintain all slope or common areas, open space, private
drainage facilities, firebreaks, habitat areas, private recreational
facilities and grounds, private streets and any other common amenities.
This association shall be established subject to current State laws and
be subject to the approval of the City Attorney and Community
Development Manager or designee who shall review all CC & R's and rules
for their adequacy and completeness. The City Attorney shall review CC
& R's, homeowners association documents and all documents to convey
title to thA Homeowners Association.
23. Applicant shall submit and receive approval of landscape and irrigation
plans for model homes (if such are desired), back-up wall areas, street
trees and slope planting in accordance with the City Landscape
Guidelines, prior to issuance of building permits.
24. Subdivider shall record CC & R's for the project prohibiting on-street
storage of boats, motorhomes, trailers and trucks over one (1) ton
capacity. CC & R's shall be also include screening any ground base
disk and no roof-mounted or front yard disk shall be allowed. CC & R's
shall be subject to the approval of the Community Development Manager
or his designee prior to recordation of any deeds or final map. CC &
R's shall be recorded prior to issuance of any Certificate of
Occupancy for the units when developed in the future.
25. House plotting, architectural drawings, floor plans, landscaping and
fences/walls shall require Minor Design Review approval prior to
issuance of building permits. All standards of development and
procedural steps in effect at the Minor Design Review submittal shall
apply for this project.
26. Provide a decorative masonry wall along Ortega Hiighway at the pad
elevation/property lines of those lots at a height consistent with a
noise study acceptable to the Planning Division. Any wall over 8 feet
high shall require Planning Commission approval. Other walls are
subject to tfie review and approval of the Community development Manager
or designee prior to the issuance of a building permit. Provide a
combination 4 foot high decorative block wall with 2 feet wrought iron
above along Grandview Avenue, and on northeasterly retajning wall at
pad elevation, and on Trabuco Avenue, as appropriate, t6 preserve views
(rather than using 6 feet of solid fencing). All other side and rear
property line fencing shall be 6 feet high and meet the requirements of
PAGE TNIRTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992
Section ll.14 and 12.23 of the Municipal Code. I
27. Prior to issuance of any grading permit or building permit, subdivider
shall sign and complete an "Acknowledgment of Conditions" and shall
return ~he executed original to the Community Development Department.
28. Property line shall be at top of slopes with down slope areas to be
maintained as indicated in Condition Number 22, with the exception of
Grandview Avenue and Trabuco Avenue.
29. All exposed lights shall be shielded above the horizontal plane.
30. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code prior to
the final map approval.
31. Dedicate underground water rights to the City (Municipal Code, Title
16, Chapter 16.53.030). Document can be obtained from the Engineering
Department.
32. All local streets shall have a 60 foot right-of-way with 40 foot
curb-to-curb. Restricted local streets (cul-de-sacs) shall have 50
foot right-of-way with 36 foot curb-to-curb and a 3 foot utility
easement on each side.
33. No single-family lots shall have ingress or egress to collector street
or higher volume traffic streets.
34. Provide Soils, Geology and Seismic reports including street design
recommendation. Provide final Soils Report showing compliance with
preliminary and finish grade certification.
- 35. Pay all Capital Improvements and Plan Check Fees.
36. Submit a."Will-Serve" letter to the City Engineering Department, from
the applicable water districts, stating that water and sewer
arrangements have been made for this project. Submit this letter prior
to final map approvat.
37. Construct all public works improvements per approved street plans
(Municipal Code, Title 12). Plans must be approved and signed by the
City Engineer prior to the issuance of building permit. (Lake Elsinore
Municipal Code 16.34).
38. Street improvement plans and specifications shall be prepared by a
Civil Engineer. Improvements shall be designed and constructed to
Riverside County Road department Standards, latest edition, and City
Codes (Lake Elsinore Municipal Code 12.04 and 16.34).
39. Pay all fees and meet requirements of encroachment permit issuance by
the Engineering Department for construction of off-site public works
improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution
No. 83-78) All fees and requirements for encroachment permit shall
be fulfilled before Certificate of Occupancy.
40. All compaction reports, grade certification, monument Certification
(with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to
- Engineering Department before final inspection of off-site Improvements
will be scheduled and approved.
41. Applicant shall obtain necessary off-street easements for off-site
grading from the adjacent property owners prior to final map approval.
42. Provide fire protection facilities as required in writing by Riverside
County Fire Department.
43. Provide street lighting, show lighting improvements on street
PAGE FOURTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992
improvement plans, as required by the City Engineer.
44. Individual lot drainage shall be conveyed to a public facility or
accepted by the adjacent property owners by a letter of drainage
acceptance or conveyed to a drainage easement.
45. Hydrology and hydraulic Study shall be submitted, reviewed and approved
by City Engineer and Riverside county Flood Control District prior to
final map approval.
46. All major drainage facilities in this tract shall be constructed to
Riverside County Flood Control Standards and agreement entered into
with the District for construction, ownership and maintenance.
47. All storm facilities shall provide tract and downstream property owners
with 100 year storm flood protection and developer shall mitigate any
flooding and/or erosion downstream caused by development of off-site
and diversion of drainage.
48. Applicant shall obtain any necessary Cal-Trans permits and meet all
Cal-Trans requirements for right-of-way dedication and construction on
Ortega Highway.
49. Contribute $102.00 towards the City's Master Entryway Sign Program.
50. Prior to the Final Map recordation, a subdivision agreement shall be
entered into with the developer(s), owner(s) and the City.
51. Applicant shall post required bonds for public works improvements as
established for the project by the City Engineer prior to final map
approval.
52. Developer shall contribute $6,000.00 towards the design and
construction of a traffic signal at Grand Avenue and Macy Street. This
development will increase traffic at the intersection at least 4% and
should contribute 4% towards construction.
53. Provide sufficient dedication along western tract boundary for
Grandview right-of-way of 66 feet.
54. Grandview along tract boundary shall be improved to provide a parking
lane and two travel lanes (32 feet). Off-site from Half Moon Drive to
Laguna Avenue, Grandview shall be improved to provide a parking lane
and two travel lanes (32 feet).
55. Applicant shall agree to enter into an assessment district for the cost
sharing for construction of the Ortega Channel and major drainage
laterals.
56. Approval of drainage plans for this subdivision is'conditioned upon
completion of the master plan drainage facility required as a condition
of approval for Tentative Tract Map 20139 to serve this proposed
subdivision. If tract 24618 is constructed prior to the completion of
the Ortega Channel, then this developer shall construct the permanent
storm drain improvement under Grand Avenue and enter into an agreement
with developer of Tract 20139 for appropriate reimbursement.
57. Developer shall extend the Ortega Channel lateral in Grandview to the
southerly tract boundary and will be entitled to reimbursement through
the assessment district.
58. Annexation to the City's Landscaping and Lighting District is required
prior to approval of final map.
59. All improvement plans and tract maps shall be digitized~ At
Certificate of Occupancy, applicant shall submit tapes and/or discs
which are compatible with the City's ARC Info/GIS or developer to pay
PAGE FIFTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992
$1,000 per sheet for the City digitizing. I
60. If grading exceeds 50 cubic yards, grading plans shall be prepared by a
Civil Engineer and approved prior to final map approval. Prior to any
grading~ the applicant shall obtain a grading permit and post
appropriate security.
61. The owner shall provide the City with proof of his having filed a
Notice of Intent with the Regional Water Quality Control Board for
Natural Pollutant Discharge System Permit prior to issuance of grading
permits.
62. This map is to~:be developed in one single phase.
63. Developer shall provide No Parking and Street sweeping Signs for
streets within tract or pay a fee for installation by the city.
64. Developer shall install blue reflective pavement markers in the street
at all fire hydrant locations.
52. Black Art & Culture Club = Reauest for Waiver of Fees. (F:151.1)
City Manager Molendyk explained this request and detailed staff contact
with the applicant. He also clarified that the insurance requirement is
pursuant to direction from the Southern California Joint Powers Insurance
Authority of which the City is a member.
Barbara Anderson, 304 N. Lewis, advised that this is a six year old
organization for which this is an annual Bar-be-que fundraising event. She
expressed concern with the existing ordinance in that she feels the
insurance requirement is prohibitive for churches, scout troops, etc.
Mayor Washburn clarified that the restroom and trash enclosure requirements
were being reduced from the level the code would dictate.
- City Manager Molendyk clarified that the only way to vary from the existing
ordinance is by Council action. He also clarified that the process would
be addressed by Item 55 of this agenda.
MOVED BY CHERVENY, SECONDED BY WINKLER TO WAIVE THE FEES FOR THIS EVENT:
Councilman Alongi concurred that the $200 fee should
questioned the cost of a$1 million insurance policy
Councilwoman Cherveny suggested that she didn't feel
require the liability insurance specified. City Man
that future consideration be given to co-sponsorship
prevent further processing.
be waived and
for the event.
it was necessary to
~ger Molendyk suggested
of this event to
Mrs. Anderson advised that they are looking for another group to share
insurance coverage with them.
Mayor Pro Tem Dominguez questioned the consideration given for restrooms
and trash enclosures. Councilman Winkler clarified that the participants
are coming and going throughout the event and there is never the full count
present. Councilman Winkler inquired whether the two restrooms required
would be a hardship for the group. Mrs. Anderson advised that this would
not be a problem. Mrs. Anderson further advised that the cost of
insurance for the one day event had been quoted from $350 to $750.
Councilman Winkler questioned the ability to use another group's
insurance. Councilwoman Cherveny suggested D.B.A. Councilman Alongi
concurred and suggested a meeting to assist in this effort.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
53. Re uest from Lake Elsinore Frontier Davs Rodeo, Inc. (F:108.17)
Warren Altstatt, 35065 E1 Dorado Road, thanked the Council for their
PAGE SIXTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992
previous support and advised that they are currently soliciting assistance
in finding a rodeo site. He suggested that a short term solution may have
been found, but stressed the need for a long term arrangement. He
commented that recent changes in the Chamber of Commerce may allow for a
long term solution. He advised that he has appointed a negotiating team to
work out details and requested continued Council support of this effort.
Mayor Washburn advised that it would be appropriate to refer this matter to
the Chamber of Commerce.
54. Amendment to Municioal, Code = Kee in or Exotic Animals - Ordinance No.
933. (F:18.1) - -
Holly Spencer, 3700 Colonial Circle, explained that she fell in love with
Pot-bellied pigs and saved up and bought Oscar. She further stated that
she was not aware that it was against the Municipal Code to own one until
she was cited by Animal Control. She has checked with the 4-H Club and
they consider these animals domestic and not farm animals. She further
stated that the neighborhood supports her pet.
Mayor Washburn advised that he had received letters from Miss Spencer's
brother and his classmates and he thanked him for his concern and interest.
City Manager Molendyk explained that the ordinance before Council deals
with exotic animals and after consulting with staff he would recommend that
this item be continued for further clarification in regard to the animals
which could be added to the amended ordinance.
Councilwoman Cherveny asked if Council could approve in concept, then bring
the finished product back to Council for approval of the ordinance. City
Attorney Harper explained that this item can be approved in concept, but
would need to come back before Council for formal adoption.
Councilman Winkler stated that the ordinance should address pigmy goats as
well a pot-bellSed pigs.
Councilwoman Cherveny stated that a committee should be appointed to review
the ordinance including the City Attorney, staff, Miss Spencer, and Animal
Control.
Councilman Alongi stated that he would like to see a committee which
consisted of the City Attorney, a veterinarian, a member of the City
Council, and a member of the Planning Department. He further explained
that the ordinance needs to be complete to avoid problems.
Tom Spencer stated that several cities have recently adopted ordinances to
cover these animals and he felt that the City should not waste the time or
money with a committee.
Ann Washington, Director of L.E.A.F. explained that she has been in
communication with the United States Humane Society and they are opposed to
potbellied pigs being treated as pets. She further stated that these
animals can grow to over 300 pounds and if Animal Control has to pick them
up it can become a real problem to deal with. Ms. Washington stated that
she is in favor of the ordinance, but wants it to work for everyone.
Councilman Winkler stated he didn't feel that that trere should be so many
people involved on the Committee.
Councilwoman Cherveny wished to go on record as being in support of Oscar,
but she would like it reviewed further.
Councilman Alongi stated that he wants an expert in this field and he feels
that there should be specific items addressed to protect th~se animals.
MOVED BY CHERVENY, SECONDF:D BY WINKLER AND CARRIED BY 4-0 VOTE WITH WASHBURN
VOTING NO,TO APPROVE ORDIP~ANCE N0. 933 IN CONCEPT WITH A COMMITTEE CONSISTING
OF TH~ CITY ATTORNEY, A COUNCILMEMBER, A MEMBER OF THE PLANNING COMMISSION,
PAGE SEVENTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992
ANIMAL CONTROL, A VETERINARIAN, AND MISS SPENCER AS AN AD~ISOR, TO REVIEW AND
REVISE THE ORDINANCE FOR FORMAL ADOPTION. ~
55. Special Events Permit Process = Ordinance No. 934. (F:151.1)
City Manage~ Molendyk explained the existing process and the confusion
caused by two departments handling different types of permits. He further
explained that this is an attempt to simplify the process. He detailed the
new process which would involve a review committee of all impacted
departments.
Mayor Pro Tem Dominguez questioned the appropriateness of adding a
Councilmember to t~is Committee. City Manager Molendyk suggested that the
Committee itself remain at the administrative level. City Attorney Harper
advised that there is currently litigation pending which could change the
language being presented in this ordinance, so there could be additional
changes required later.
MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE N0. 934:
Councilman Alongi addressed the insurance issue on Page 4 of 7 and
commented that this is a problem for the Council now and questioned how it
would be handled by staff. City Manager Molendyk explained that it is the
intent of this ordinance to simplify the process and address individual
cases. He also explained that the policy would not be changed without
direction from City Council.
Councilman Alongi questioned the appeal process and suggested that it
should be changed to allow appeals to the City Council rather than the City
Manager.
MOTION WAS AMENDED TO AILOW FOR APPEALS TO THE CITY COUNCIL ON PAGE 4 OF 7 AND
7 OF 7 WITH THE APPROUAL OF THE SECOND.
ORDINANCE N0. 934
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING
A SPECIAL EVENTS PERMIT PROCESS.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ALONGI, CHERVENY, DOMINGUEZ, WINKLER
WASHBURN
NONE
NONE
NONE
56. Citv Council Meetina Location. Continued from June 1 1992. (F:44.1)
City Manager Molendyk explained this item which was continued from June 9,
1992, for further input on scheduling.
Councilwoman Cherveny commented that this item was continued for Councilman
Winkler to obtain clar~ification and that clarification had been obtained
and the Water District has offered to use another room if a conflict does
arise.
MOVED BY CHERVENY, SECONDED BY ALONGI TO MOVE CITY COUNCIL MEETINGS TO THE
ELSINORE VALLEY MUNICIPAL WATER DISTRICT FACILITY EFFECTIVE THE FIRST MEETING
IN AUGUST.
Councilman Winkler advised that he has toured the facility and feels it
would be a good facility. He questioned the cost to King Videocable to
connect the necessary equipment. Councilwoman Cherveny advised that she
PAGE EIGHTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992
had discussed this matter with Tom Thomas at King Videocable and the
E.V.M.W.D. facility was pre-conduited and all they need to do is pull wires
through.
Councilman Alongi commented that the best situation would be a City owned
facility but in the absence of that, the Water District facility will be
good situation.
Mayor Washburn concurred with Councilman Alongi that a City facility would
be the best situation and commented that with the construction of the
Police Facility that might still be possible. He advised that his concern
is that this action is premature as the City and Water District are working
on improved communication. He also commented that he is not uncomfortable
with the School District Facility and they have done an excellent job of
accommodating the City Council and Planning Commission Meetings.
THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH DOMINGUEZ AND WASHBURN
CASTING THE DISSENTING VOTES.
PUBLIC COMMENTS _ NON-AGENDIZED ITEMS
Susan Yantorn, 15171 Wavecrest, expressed concern with traffic in the vicinity
of Grand Avenue/Machado Street, particularly that of big rig trucks. She
explained that the traffic is so heavy beginning at 4:30 a.m. they are awakened
daily at that time; and they are concerned for the safety of children required
to stand on Grand Avenue to catch the School Bus. She requested that the City
consider building an eight foot tall wall around neighborhoods in this area as
a sound barrier. She presented a petition signed by 66 people requesting
restriction of weights, speed limits, etc. Councilman Winkler inquired
whether the bus stop could be moved inside this tract. Mrs. Yantorn advised
that this has been previously discussed, however the School District advised
that they could not do so.
Chris Hyland, 15191 Wavecrest, advised that she had videotaped the traffic
flows on Grand Avenue and presented that tape for Council review. She
suggested that this not be used as a traffic corridor and expressed particular
concern for the large number of children in the area.
A.C. Vallegos, 15111 Windover Court, questioned whether truck traffic should be
allowed in this residential area. Public Services Director Tecca advised that
this area is not currently signed for truck traffic, however, the circulation
element does designate it as a major arterial. Mr. Vallegos suggested that
truck traffic should not be allowed in this area. Mayor Washburn advised that
the situation will be reviewed.
Jeanie Corral, representing the Riverside County Centennial Commission,
detailed the work underway for the County Centennial Celebration in 1993. She
showed a book which is being sold to help fund the Celebration. She suggested
that the Christmas Parade utilize the Centennial Theme to draw attention to
this event.
Peter Dawson, representing the Southshore Homeowners, advised the Council of
upcoming annual meetings i~ July and requested that the Mayor address these
meetings with regard to the future of the Lake and their access rights. Mayor
Washburn advised that he would check his calendar and plan on participating.
Bob Houts, 32946 Rose Avenue, also representing the Sou~hshore Homeowners,
commented on AB 1697 and the requests of the homeowners in the Lakeland Village
Area. He reemphasized their concern with future launching rights for the Lake.
Frank Robie, Jr., 454 N. Kellogg, Apt. B, expressed concern with problems at
Yarborough Park, the three minute limitation on Public Comments, law
enforcement, drunk driving, etc.
Mayor Washburn advised Mr. A1 Ewing that this part of the meeting is not a
forum for recall, but rather a forum for matters leading to betterment of the
Community.
PAGE NINETEEN - CITY COUNCIL MINUTES - JUNE 23, 1992
Al Ewing, 114-1/2 Poe Street, commented on problems with the Community
Mayor Washburn requested that Mr. Ewing be removed from the City Council
Meeting. Mr. Ewing left the podium and the meeting under protest.
CITY MANAGER C~MMENTS
None.
CITY COUNCIL COMMENTS
Councilwoman Cherveny dvised that she is pleased with the approved increase in
public safety, and adv~sed that it will maintain the i officer per 1,000 level.
She suggested the possibility of increasing that level again in January. She
reminded the Community of the enforcement of the two hour parking restriction
on Main Street and of Street Sweeping restrictions. She requested that staff
investigate when the trash bills would be added to the tax bills. She advised
that she has been approached with regard to moving the public comments back to
the beginning of the meeting.
Councilwoman Cherveny commented that this meeting is the anniversary of her
first fight with Councilman Winkler and commemorated the event with a cupcake
as a peace offering. Councilman Winkler commented that much progress has
occurred in the last year.
Councilman Winkler commented on the concerns in the Grand Avenue/Machado Street
area and suggested that communication occur with the School District to go into
the tract to pick up children. He further commented on the possibility of
reducing the speed limit in that area, and requested that the existing speed
limit be reviewed. He also commented on police protection and the efforts of
the City to maintain the 1 per 1,000 level; as well as the possibility that an
assessment may be necessary to allow for a higher level of enforcement. He
stressed the need for neighborhoods to become involved in neighborhood watch.
He thanked the gentlemen at Yarborough Park for his assistance in maintaining
and protecting the Park.
Councilman Alongi concurred with Councilman Winkler's comments on Yar~borough
Park and Councilwoman Cherveny's comments on public safety. He commented on
his first experience with the budget process and the information he had gained
from that experience. He also commented on the concerns with Grand Avenue and
the Lake and stressed the 'importance of working within the system. Ne further
commented that he does not appreciate the insults against the Council and staff
in the local media. He suggested that the Rodeo Committee an~ the Chamber of
Commerce should begin working to resolve the conflict which has been occurring.
He also suggested that the public comments be moved to the beginning of the
meeting even if there is a limitation of five at the beginning to be allowed on
a first come, first serve basis with the balance at the end of the meeting.
He requested that the Engineering Department study the potential for providing
turn-outs for school buses.
Mayor Pro Tem Dominguez advised that the Graham Street Parking Lot would be
completed before the deadline of July 4th.
Mayor Washburn thanked the Community for their efforts to assist Christopher
Black in his fund-raising efforts to represent the Community in Orlando,
Florida. He advised that pursuant to discussions with the City Attorney, the
Council need only hear comments on items over which it has jurisdiction or on
calendared agenda items, not slanderous comments with no other purpose. He
clarified that in the case of Mr. Ewing, the Council does not have jurisdiction
over recall efforts. City Attorney Harper further clarified the jurisdiction
of the City Council and the limitations of their control. Mayor Washburn
further stressed comments for "betterment" of the Community and suggested that
attacks on the Community ~re not appropriate.
Mayor Washburn announced that there will be a new program for quarterly town
hall meetings and a City Hall Open House, in addition to the new cable
television program which King Videocable will be starting.
PAGE TWENTY - CITY COUNCIL MINUTES - JUNE 23, 1992
Plannina Commission Appointments
Mayor Washburn advised that 14 applications were received for the Planning
Commission and after interviewing he would recommend Pam Brinley, Richard
Bullard and Donald Neff.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 2 WITH
ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPOINT PAM BRINLEY,
RICHARD BULLARD AND DONALD NEFF TO FULL PLANNING COMMISSION TERMS EXPIRING IN
JUNE, 1996.
Mayor Washburn introduced Richard Bullard and advised that the two outgoing
Commissioners would be recognized at the next City Council Meeting.
THE CITY COUNCIL MEETING WAS RECESSED AT 10:24 P.M.
THE CITY COUNCIL MEETING WAS RECONVENED AT 10:36 P.M.
CLOSED SESSION
THE CITY COUNCIL MEETING WAS ADJOURNED TO JOINT CLOSED SESSION WITH THE
REDEVELOPMENT AGENCY AT 10:36 P.M. TO DISCUSS PENDING LITIGATION WITH OUTDOOR
MEDIA GROUP.
THE CITY COUNCIL MEETING RECONVENED AT 11:35 P.M. NO ACTION TAKEN.
ADJOURNMENT
MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO
ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:36 P.M.
~ VV~d~Gt~
GARY WASHBURN, MAYOR
CIT LAKE ELSINORE
A TEST:
VICKI KF.SF;~, CITY CLERK
CITY OF LAKE ELSINCRE