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HomeMy WebLinkAbout06-13-1989 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF lAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 13, 1989 ********************************************************************* r i CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Winkler at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Starkey. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Services Director Watenpaugh, Public Services Director Kirchner, City Planner Thornhill, Chief Building Official Shear and City Clerk Kasad. PUBLIC COMMENTS "..... Stan Jones, 30640 Rockridge Road, advised that he is a member of the Elsinore Valley Artists Society, a group with membership of approximately 75 people. He further advised that they are interestet. in the development of the Community and detailed some of the events they are involved in including art exhibits, shows and art educatioa programs. Mr. Jones also expressed concern with a local contractor whom he feels is ripping off the public, being John Rico ConstructilR Company. Edith Stafford, expressed concern with the Lake Management Project and the processes being undertaken to obtain approval. She suggest~; that the public should be involved in the decision making rather tm. a select few per'sons. She also suggested that the plan be taken to a vote of the people. Ken Howard, 17070 Sllrier Drive, alsO' commented on the Lake ManagemeJt! Project and working relationships in the community that he feels ar~ in confl i ct. He further commented on his opinions. ~dth regard to tlI!: feasi bil ity of the individual projects in the lake Management Plan. ~ ~ THE CITY COUNCIL WAS RECESSED AT 1:11 P.M. THE CITY COUNCIL RECONVENED AT 7~]5 P.M. PRESENTATIONS/CEREMONIALS CONSENT CALENDAR MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOlE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. \ '1 - None. .t~': '.if) '\\ 1. The following Mjnutes were approved: ~ PAGE TWO - CIJY COUNCIL MINUTES - JUNE 13, 1989 a. May 23, 1989 - Regular City Council Meeting. b. May 25, 1989 - Joint Study Session with Lake Elsinore Recreation & Park District. c. May 31, 1989 - Special City Council Meeting. The following Minutes were received and filed: d. May 16, 1989 - Planning Commission Minutes. 2. Received and filed Building Activity Report for May, 1989. 3. Received and filed Structure Abatement Activity Report for May, 1989. J 4. Received and filed Zoning Enforcement Activity Report for May, 1989. 5. Ratified Warrant List for May, 1989 in the amount of $638,100.01. 6. Rejected and referred to Claims Administrator the Claim submitted by Premier Homes. 7. Approved appropriation of funds for and acquisition of the following automotive equipment: 3 Chevrolet Pickup Trucks, 1 Ford Dump Truck, 1 Chevrolet Water Truck, and 1 Asphalt Patch Truck for a total amount of $154,522.87. 8. Approved appropriation of $16,000 from the Park Capital Funds as the local match for the Senior Bond Fund Grant for the Lakepoint Park Senior Citizen Center. 9. Authorized Staff to negotiate with owner of the City Hall Middle Building toward acquisition of the property including filing of eminent domain proceedings by the City Attorney if necessary; with the results of the negotiations to be brought back to City Council for final approval of acquisition. ....J 10. Approved the expenditure of C.D.B.G. Funds in the amount of $53,246.00 and Park Capital Improvement Funds in the amount of approximately $52,000 and Accepted proposal of Austin Construction in the amount of $104,400.00 for the Yarborough Park Restroom Project. 11. Approved Chamber of Commerce's request to use Spring Street. (next to the Lake) as the staging area for the July 4th, 1989 Fireworks Display subject to the following Condition: Condition 1. Provide insurance coverage with the City of Lake Elsinore listed as additionally insured. 12. Adopted Resolution No. 89-18 accepting the Engineer's Report; and adopted Resolution No. 89-19 setting the Public Hearing for the City-wide Lighting and Landscaping Maintenance District RESOLUTION NO. 89-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING THE ENGINEER'S "REPORT" FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITHIN SAID CITY. ....J PAGE THREE - CITY COUNCIL MINUTES - JUNE 13, 1989 - RESOLUTION NO. 89-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DECLARING ITS INTENTION TO ORDER 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 THEREON. PUBLIC HEARINGS - 31. General Plan Amendment 89-3 ~ Larry ~ Morser. Request to change the General Plan Land Use designation from Medium Density Residential to Neighborhood Commercial on a 2.29 acre parcel on the southeast corner of Grand Avenue and Morro Way. City Planner Thornhili detailed this request, advising that the proposed amendment will bring the general plan ihto conformance with the zoning on the property. The City Clerk reported one petition dated June 12, 1989 with 34 signatures as follows: We, the residents of the surrounding area, hereby petition in favor of "GENERAL PLAN AMENDMENT 89-3 - LARRY L. MORSER" which will amend the General Plan Land Use Map concerning the property located on the southeast corner of Grand Avenue and Morro Way. We, the undersigned, are therefore in favor of the change in zoning from Medium Density Residential to Neighborhood Commercial. Mayor Winkler opened the public hearing at 7:16 p.m. asking those in favor of General Plan Amendment 89-3 to speak. The fOllowing person spoke: Larry Morser, applicant, advised that he has been involved in this property since 1977 and originally it was in conformance with the zoning. In the meantime it changed without his knowledge and his request is just to bring it into conformance. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION NO. 89-12, ADOPT THE FINDINGS LISTED BELOW: FindinQs 1. 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. ~ . 2. The proposed change will not result in any significant adverse impact on the environment. 3. Granting of the requested designation will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 4. The approval of the requested designation permits development to the highest and best nature within mitigable means to PAGE FOUR - C1TY COUNCIL MINUTES - JUNE 13, 1989 insure maintenance of the general public health, safety and welfare. APPROVE GENERAL PLAN AMENDMENT NO. 89-3, AND ADOPT RESOLUTION NO. 89-20 AS IT PERTAINS TO IMPLEMENTING THIS AMENDMENT. RESOLUTION NO. 89-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENTS TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1989. ....... 32. General Plan Amendment 89-4 ~ Michael Brown. Request to change the General Plan Land Use designation from Medium Density Residential (6.1-12.0 DU/per acre) to High Density Residential (12.0-20 DU/per acre - Condominiums; 12.1-24 DU/per acre ~ Apartments), on two (2) parcels (7.414 acres total) on the north side of Joy Street approximately 200 feet west of Riverside Drive. City Planner Thornhill detailed the request. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:22 p.m. asking those in favor of General Plan Amendment 89-4 to speak. The following person spoke: Michael Brown, applicant, commented on the proposed apartment development and the upgraded appearance and amenities. He further commented that the ultimate plan for the development would be to convert it to condominiums. .... Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:25 p.m. Councilman Buck advised that he is in agreement with this change in that it is located adjacent to a grammer school, arterial highway, bus route and commercial developments. He felt it would be the best use for the area. Councilman Washburn inquired into the requirements for conversion of the development to condominiums. Staff advised that additional approvals and standards would be required at that time. Councilman Washburn also expressed concern with the increased automobile and pedestrian traffic and requested that staff'consider placement of a traffic signal at the appropriate time in processing. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION NO. 89-13, ADOPT FINDINGS LISTED BELOW: Findinqs 1. 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. ~ 2. The proposed change will not result in any significant adverse impact on the environment. 3. Granting of the requested designation will permit reasonable development of the property consistent with its constraints PAGE FIVE - CiTY COUNCIL MINUTES - JUNE 13, 1989 ---- and more compatible with adjacent properties and proposed development. 4. The approval of the requested designation permits development to the highest and best nature within mitigable means to insure maintenance of the general public health, safety and welfare. APPROVED GENERAL PLAN AMENDMENT 89-4 AND ADOPT RESOLUTION NO. 89-20 AS IT PERTAINS TO IMPLEMENTING SAID AMENDMENT. RESOLUTION NO. 89-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENTS TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1989. ---- 33. General Plan Amendment 89-6 ~ Greg Block. San Jacinto Hiqhlands. A request to change the General Plan Land Use designation on a 82 acre parcel from Very Low Density Residential (1 dwelling unit/2 acres) to Low Density Residential (0-6.0 dwelling units/per acre) on 31-1/2 acres and to Environmentally Sensitive (Open Space) on 51-1/2 acres, located at the northerly terminus of Scenic Ridge Drive one-half (1/2) mile north of Railroad Canyon Road and adjacent to a portion of the west boundary of Canyon Lake Hills. City Planner Thornhill explained the request. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:30 p.m. asking those in favor of General Plan Amendment 89-6 to speak. The following person spoke: Jim Devlin, Devlin Engineering, representing the" applicant, advised that they are in agreement with the proposed change, and requested confirmation from the City Planner that they will be able to participate in the City-Wide Lighting and Landscaping District. City Planner Thornhill advised that he was not sure, but they would look at that with the Tentative Tract consideration. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:31 p.m. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION NO. 89-20, ADOPT THE FINDING LISTED BELOW: Findinqs ~ 1. 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. 2. The proposed change will not result in any significant adverse impact on the environment. 3. Granting of the requested designation will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. PAGE SIX - CIry COUNCIL MINUTES - JUNE 13, 1989 4. The approval of the requested designation permits development to the highest and best nature within mitigab1e means to insure maintenance of the general public health, safety and welfare. APPROVE GENERAL PLAN AMENDMENT 89-6 AND ADOPT RESOLUTION NO. 89-20 AS IT PERTAINS TO IMPLEMENTING SAID AMENDMENT. RESOLUTION NO. 89-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENTS TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1989. .... 34. Zone Code Amendment 88-10 ~ City of Lake Elsinore. Request to amend the Zoning Code to amend standards relating to fences, walls, and landscaping in residential districts; allow for keeping of farm animals; provide special standards for hillside development; make various technical corrections; change minimum lot sizes and permitted densities and setbacks in the R-3 District (High Density Residential); and change Jighting, landscaping and landscape setback and outside storage requirements in non-residential districts, which would apply City-wide. Ordinance No. 853. City Planner Thornhill gave a brief overview of the proposed Ordinance. He explained that this item had been before Council on February 14, 1989 and been continued for further study; following the Study Session on the Amendment, it was being brought back at request of Councilman Buck. He advised that the proposed changes, with exception of a recommended change to the R-3 Open Space requirements, are the same as those previously proposed at the February meeting. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:33 asking those in favor of Zone Code Amendment 88-10 to speak. The following person spoke: Bill Gray, 1115 17th Street, Hermosa Beach, advised that he owns property in the Country Club Heights area and the proposed Ordinance will finally allow him to build on it. He requested that Council approve the Ordinance. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:34 p.m. Councilman Buck commented on the purpose of the R-3 change, which was not to e1iminat~ the items marked out, but to reduce the lot size for 14,520 minimum square feet to 8,400 square foot lot sizes. He advised that this would allow the construction of four-plexes in the subdivision situation allowing up to eight units on a 14,500 square foot piece of property. Councilman Washburn inquired whether staff would be in concurrence with the recommended change. City Planner Thornhill confirmed that ~ he had discussed the changes with Councilman Buck earlier and could see no problem. .... MOVED BY DOMINGUEZ, SECONDED BY BUCK TO ADOPT FINDINGS LISTED, ADOPT NEGATIVE DECLARATION 88-44 AND APPROVE THE PROPOSED ZONE CODE AMENDMENT 88-10 AND ADOPT ORDINANCE NO. 853 TO INCLUDE COUNCILMAN BUCK'S COMMENTS ON CHANGING 14,520 SQUARE FEET TO 8,400 SQUARE FEET. PAGE SEVEN - ~ITY COUNCIL MINUTES - JUNE 13, 1989 Councilman Washburn questioned the proposed change on Page 2 of 27, relating to Section 17.14.130.D.2 which reads "When there is an existing fence, new fencing requirements may be waived"; he suggested that verbiage to require that the fence have a good appearance and be of good quality for waiver of the requirement. He requested that inclusion of language such as ".....existing well-maintained fence.....", so it will not become an issue. - - Councilman Washburn also inquired in reference to non-residential development standards on Page 11 of 27, Item A - Municipal Code Section 17.66.100 (A) which reads "Where any parking area or driveway abuts a street there shall be a minimum setback of fifteen feet and an average of twenty feet from the public right-of-way which shall be fully landscaped and irrigated unless a greater setback is required by any other provision of this Title."; he questioned whether that condition would need to be altered in the case of a very steep slope which could prohibit the interpretation of that setback. City Planner Thornhill advised that the 20' is usually a 1 inear measurement, but it is a two dimensional measurement in this case. He further advised that he did not see it as a problem, in that many times with a steeper slope you would have more landscaped area to work with. Mayor Winkler addressed concern on page 2 of 27, suggested that the use of words "may be waived", leaves fleXibility, however emphasis could be included with wording such as "may be waived as long as the eXisting fence enhances Community standards". City Planner Thornhill suggested wording of "...unless the existing fencing is in suitable or adequate condition". He also suggested the addition of "at the discretion of the Community Development Director or his designee". City Attorney Harper advised that the verbiage "well-maintained" is suitable. Councilman Washburn requested inclusion of "well-maintained" in the pending motion. THE MAKER OF THE MOTION AND THE SECOND ACCEPTED AMENDMENT OF THE MOTION TO INCLUDE "... WELL-MAINTAINED FENCE..." City Planner Thornhill reminded Council that there was an additional recommendation not previously considered relative to the common open spaces in the R-3 district, which would eliminate the requirement for common open space in the case where there were less than five units in a R-3 residential project. He suggested the addition of this wording be included in the motion. THE MAKER OF THE MOTION AND THE SECOND CONCURRED WITH THE ADDITION OF WORDING THAT WOULD ELIMINATE THE REQUIREMENTS FOR COMMON OPEN SPACE IN THE CASE WHERE THERE ARE LESS THAN FIVE UNITS IN A R-3 RESIDENTIAL PROJECT. - Councilman Buck requested that some flexibility in the use of Wrought Iron vs. Masonry Walls along street (Page 9 of 27). City Planner Thornhill advised that he would have no problem with wrought iron being used for a portion of the fences. After discussion, it was suggested that the wording as follows be used: "any combination of wrought iron or other materials could be utilized". City Attorney Harper advised this would be permissible, under a similar section on page 4 of 27. THE FOREGOING MOTION AS AMENDED AS APPROVED AND ORDINANCE NO. 853 WAS ADOPTED AS AMENDED: Findinqs 1. The proposed Amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed PAGE EIGHT -~CITY COUNCIL MINUTES - JUNE 13, 1989 . Amendment or within the City, (2) injurious to property or improvements in the neighborhood or within the City. 2. The proposed Amendment will be consistent with the Goals and Policies of the General Plan. ORDINANCE NO. 853 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE (ZONING CODE) REGARDING STANDARDS RELATING TO FENCES, WALLS, AND LANDSCAPING IN RESIDENTIAL DISTRICT; TO ALLOW FOR KEEPING OF FARM ANIMALS; TO PROVIDE SPECIAL STANDARDS FOR HILLSIDE DEVELOPMENT; TO MAKE VARIOUS TECHNICAL CORRECTIONS; TO CHANGE MINIMUM LOT SIZES AND PERMITTED DENSITIES AND SETBACKS IN THE R-3 DISTRICT; TO CHANGE LIGHTING, LANDSCAPING AND LANDSCAPE SETBACK AND OUTDOOR STORAGE REQUIREMENTS IN NON-RESIDENTIAL DISTRICTS (ZONE CODE AMENDMENT 8-iO). UPON THE FOLLOWING ROLL CALL VOTE: ..... AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Abandonment No. 88-4. Abandonment of a Portion of Collier Avenue, Northwest of Third Street. Resolution No. 89-21. ..... Public Services Director Kirchner advised that the posting requirements had been met and all necessary easements reserved in connection with this Abandonment. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:50 p.m. asking those in favor of Abandonment No. 88-4 to speak. The following person spoke: . Dennis Spar, Dura Construction, advised that this had been a condition of their tentative tract map and had been considered at the Planning Commission level with the tract map. He further advised that it should have been considered by Council in February in conjunction with the tract as well, but due to an oversight it was just now being considered. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:51 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 89-21 ORDERING THE VACATION SUBJECT TO RESERVATION OF EXISTING EASEMENTS, AND AUTHORIZED THE CITY CLERK TO RECORD THE RESOLUTION OF VACATION. RESOLUTION NO. 89-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF COLLIER AVENUE PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 ET SEQ OF THE STREETS AND HIGHWAYS ...,; PAGE NINE - CJTY COUNCIL MINUTES - JUNE 13, 1989 CODE OF THE STATE OF CALIFORNIA. BUSINESS/DISCUSSION ITEMS ~ 51. Commercial Project 87-2 ~ Otis Heald. Request for Amendment of Condition #54 relating to the total number of tenants permitted per building. City Planner Thornhill explained the request. Councilman Washburn advised that he would be abstaining from vote on this matter. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE O~ 4 TO 0 WITH WASHBURN ABSTAINING TO AMEND CONDITION #54 FOR COMMERCIAL PROJECT 87-2 SUBJECT TO THE FOllOWING FINDINGS AND CONDITIONS: Findings 1. Subject to the attached conditions, the proposed Amendment of Condition #54 is not anticipated to result in any significant adverse environmental impact. 2. This Amendment, as approved, complies with the Goals and Objectives of the General Plan and General Commercial Zoning District. ~ 3. This Amendment complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of this Amendment to insure development of the property in accordance with the objectives of Chapter 17.82.060 and the Planning District in which it is located. Conditions 1. A maximum of four (4) separate tenants may be permitted in each building. 2. Any retail/commercial user which would not normally utilize a roll-up bay door shall remove the door and replace it with a glass storefront with colors and materials that match the existing store fronts. Furthermore landscape planters shall be added in front of the store, subject to the approval of the Community Development Director or his designee. 3. No alterations shall be constructed without the benefit of a building permit and all improvements shall be in compliance with the Uniform Building Code, subject to the approval of the Chief Building Official. ~ 4. No food users shall be permitted without a Conditional Use Permit. 5. Any revision to the existing sign program, including the addition of a free-standing monument sign, will require Planning Commission approval. 6. All building changes (interior and exterior) and proposed tenants are subject to the review and approval of the Community Development Director or his designee. PAGE TEN - CI~Y COUNCIL MINUTES - JUNE 13, 1989 52. Stephens' Kanqaroo Rat Habitat Conservation Plan. Proposed adoption of an Urgency Mitigation Fee Ordinance and execution of a Memorandum of Understanding with the County of Riverside relative to the Interim Habitat Conservation Plan. Ordinance No. 859. City Planner Thornhill gave a brief history of the proposed plan and advised that the proposed Urgency Ordinance and Memorandum of Understanding is required for the City's participation in the program. He further advised that the Ordinance would impose a fee of $1,950 per gross acre of parcels for development; or for single family residential developments where all lots are greater than one-half acre in size the fee would be $1,000 per unit. .....J Councilman Washburn questioned residential lots which are less than one-half acre and what their cost would be. City Planner Thornh ill advi sed that they woul d pay a rate of $2.00 per square foot. Councilman Washburn questioned the time frame for this Urgency Ordinance. City Planner Thornhill clarified that this is an interim measure to place the plan in effect immediately and the final Ordinance should be back to Council for approval within 30 days. Councilman Washburn further questioned whether it would be appropriate to place a time limit on this Ordinance. City Attorney Harper advised that there was no obligation to do so. Councilman Washburn inquired whether the fees would be returned to the applicant if the long range plan finds an area no longer in the habitat area. City Planner Thornhill advised that through a detailed formula fees can be refunded where appropriate. Councilman Buck questioned the area delineated on Exhibit A and if they would be subject to change. City Planner Thornhill advised that the boundaries are subject to change and staff has the flexibility under the plan to look for evidence of kangaroo rats and assess the appropriate fees or file for exemption. .....J Councilman Washburn inquired whether an applicant could proceed with a tract map if there were no existing rats on the site and their fees are paid. City Planner Thornhill confirmed that in that case payment of the fee would be full mitigation. Dennis Spar, Dura Construction inquired at what point the fee would need to be paid, particularly with regard to existing approved tract maps. City Planner Thornhill advised that this fee would be retroactive and need to be paid either at the time grading permits are issued or when the Certificate of Occupancy is issued. MOVED BY WASHBURN, SECONDED BY BUCK TO ADOPT ORDINANCE 859 AND APPROVE THE MEMORANDUM OF UNDERSTANDING: . ORDINANCE NO. 859 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, JOINING THE ESTABLISHED RIVERSIDE COUNTY STEPHENS' KANGAROO RAT HABITAT CONSERVATION PLAN STUDY AREA AND SETTING INTERIM MITIGATION FEES. ....,J PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 13, 1989 UPON THE FOllOWING ROll CAll VOTE: AYES: COUNCIlMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCIlMEMBERS: NONE .... ABSENT: ABSTAIN: COUNCIlMEMBERS: NONE COUNCIlMEMBERS: NONE 53. Joint Powers Aqreement between the City of lake Elsinore and the lake Elsinore Unified School District. City Manager Molendyk reviewed the background of the proposed agreement and the potential for improved recreation and parks services in the future. Community Services Director Watenpaugh advised that the following changes had been recommended at the Unified School District Board Meeting: 1) Page 8, Item 12 regarding notification. Suggested that the time frame be extended for more than 3 days. 2) Concern was also expressed with regard to the ability of the school district to place temporary classrooms as necessary on their sites. .... Community Services Director Watenpaugh advised that after discussions with Mike McCarty of the School District, he would recommend that the notification time frame be changed from 3 to 7 days. He also advised that plan is designed and expressly intended to provide joint planning of new facilities so that any exclusion or preemption of temporary facilities would be precluded by the planning and location jOint facilities. Thus in the planning stage areas would be left which could accommodate temporary facilities and would not involve removing or replacing any permanent recreational facilities. Community Services Director Watenpaugh advised that this agreement will be formally adopted by the School Board at their meeting of June 26. City Attorney Harper advised that he ~as reviewed the proposed agreement and has no problem with it. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROPOSED AGREEMENT WITH THE CHANGE FROM 3 TO 7 DAYS. FOR NOTIFICATION. .... Mayor Winkler advised that he had attended the School Board meeting and expressed thanks to the School Board Members to their willingness to work together with the City. City Manager Molendyk detailed existing recreational facilities (approximately 34.88 acres), as well as anticipated new park areas to be dedicated by developers (approximately 174 acres) and the proposed amenities of each. He also detailed recent expenditures by the City for park improvements and proposed expenditures for park improvements in the upcoming budget. 54. Reoort on the Downtown Area. Councilman Dominguez requested continuance of this item to the next meeting. He further requested that the City Attorney review PAGE TWELVE - CITY COUNCIl MINUTES - JUNE 13, 1989 his ability to vote on this matter based on potential conflicts of interest. City Attorney advised that based on potential conflict he would not recommend commenting or voting on this matter until determination is made. Councilman Dominguez explained the intention of the Special Assessment District when it was established, and clarified that Council is ultimately responsible for the use of the funds. ...... THIS MATTER WAS CONTINUED TO THE JUNE 27, 1989 CITY COUNCIL MEETING. BUSINESS ITEMS 55. Library MitiQation Fee. Ordinance No. 860 establishing fee & Resolution No. 89-22 setting the fee. . Community Services Director Watenpaugh advised that this item is in response to recent comments relating to the City/County Library, and would utilize fees from development ~nd available Bond funds for development of a new library facility in the City. The figure has been estimated based on a 20,000 square foot library at an approximate cost of $3,000,000. for development and provision of the volumes to fill it. Councilman Washburn inquired whether the City would be able to decide on the location for the new library. Community Services Director Watenpaugh advised tnat this has already been discussed with County staff and potential sites have been identified. Mr. Watenpaugh commented on time frames, requirements for processing of the grant application and staffing of the new facilities. ...... MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 860: ORDINANCE NO. 860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 16.34.060 (B) ENTITLED LIBRARY MITIGATION FEE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK DOMINGUEZ, STARKEY, WASHBURN, WINKLER COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: ABSTAIN: AND ADOPT RESOLUTION NO. 89-22: RESOLUTION NO. 89-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, HEREBY ADDING SECTION 16.34.060 (B) PURSUANT TO ORDINANCE NO. 860, REQUIRING THE PAYMENT OF FEES FOR THE ESTABLISHMENT OF A LIBRARY MITIGATION FEE IN THE CITY OF LAKE ELSINORE. ...,J PAGE THIRTEEN - CITY COUNtIL MINUTES - JUNE 13, 1989 - 56. Desiqnation of Southern California Joint Insurance Authority Director ~ Alternate. Mayor Winkler advised that he has served as the delegate for the past year and volunteered to serve in this capacity again. Councilman Washburn advised that he has served in the capacity of alternate for the past year and offered to continue through this year. It was the consensus of Council to designate Mayor Winkler as the Delegate and Councilman Washburn as the Alternate for this year 57. Second Reading ~ Ordinance No. 857. Relating to Zone Change 89-6 - George Wimpey, In~., DBA Morrison Homes. MOVED BY WASHBURN, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 857. ORDINANCE NO. 857 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING APPROXIMATELY 16.50 GROSS ACRES LOCATED SOUTH OF MACY STREET, EAST OF LAGUNA AVENUE AND NORTHERLY OF ORTEGA HIGHWAY FROM C-1jC-P (NEIGHBORHOOD COMMERCIAL AND COMMERCIAL PARK) TO R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT (ZONE CHANGf 89-6 - GEORGE WIMPEY, INC. DBA MORRISON HOMES). UPON THE FOLLOWING ROLL CALL VOTE: - AYES; COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk requested a Council Finance Committee meeting on June 20 at 8 a.m. for review of the proposed Budget; and a Council Study Session on June 22 at 6:00 p.m. for the same purpose. City Manager Molendyk also requested an executive session for real estate acquisition potential litigation and City Attorney Harper advised that he would also need a closed session for consideration of litigation entitled Kaatrude vs. the City of Lake Elsinore. CITY COUNCIL COMMENTS r-- Councilman Dominguez commented on utility work occurring on a daily basis in the vicinity of Casino Drive and Railroad Canyon. He requested that Staff check the area to assure that the roads remain maintained in good condition. Mayor Winkler commented on the signs which were recently placed at the curve on Chaney Street and requested that the curve on Strickland between Chaney Street and Riverside Drive be reviewed for similar signage. He also commented on the success of Supervisor Abraham Trashbusters Program and thanked the residents, staff and Supervisor Abraham for their efforts. Public Services Director Kirchner provided information received today on the Trashbusters program, that the City has been credited with 190 tons of trash and he believes the final count will be over 200 tons. PAGE FOURTEEN - CITY COUNCIL MINUTES - JUNE 13, 1989 THE CITY COUNCIL MEETING WAS RECESSED AT 8:34 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:39 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:40 P.M. TO DISCUSS A MATTER OF REAL ESTATE ACQUISITION POTENTIAL LITIGATION AND A MATTER OF PENDING LITIGATION ENTITLED KAATRUDE VS. THE CITY OF LAKE ELSINORE. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:10 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING A .11 ..... ~ JIM WINKLER, MAYOR CITY OF LAKE ELSINORE RSi...~ VICKn y~' AS ~ CITY CLERK CITY OF '~ORE ~,,~ ....J .....J