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Home My WebLink About06-28-1988 City Council Minutes - ro OJ C\J W CD <C - - , ..~ . ." 225 MINUTES REGULAR CITY COUNCIL ~EETING CITY OF LAKE ELSINORE.~'~, 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 28, 1988 ****************************************************************** CALL TO ORDER ....... The Regular Meeting of the City Council was called to order by Mayor Winkler at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Starkey. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ' ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Mo1endyk, Assistant City Manager Rogers, City Attorney Harper, Acting Administrative Services Director Wanner, Community Development Director Miller, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. Dick Knapp, 29690 Dawn Drive, requested information on delays with the Country Club Heights Advisory Committee and the limited participation by Committee members. 2. Frank C. RObie, Jr., Parks ide Senior Apartments, 442 N. Kellogg 'st., Apt. 3, expressed concern with the City's transportation system and police services. CEREMONIALS/PRESENTATIONS A. Mayor Winkler read a Proclamation honoring Nancy J. Wright as this year's Korn Memorial Scholarship Recipient, and presented her with the Proclamation and a City Pin. CONSENT CALENDAR city Manager Mo1endyk advised that Item #10 should also have been listed on the L.E.T.S. Agenda, so it will be listed on the next agenda for concurrence. The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 6 & 7. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. June 7, 1988 - Adjourned Regular City Council Meeting. b. June 14, 1988 - Regular City Council Meeting. The following Minutes were received and filed: 226 PAGE TWO - CITY COUNCIL MINU~ES - JUNE 28, 1988 , J i i f c. June 7, 1988 - Planning Commission Meeting. 2. Received and filed the Investment Report for May, 1988. 3. Approved Transfer of Funds from Unappropriated Fund Balance for payment of Southern California Joint Powers Insurance Authority Costs. 4. Approved Release of Regulatory Agreement for Grand Oaks Apartments (Residential Project 84-1 -.Barclays Inland Empire/ Mark La Porte), and authorized the Mayor to execute the release. . - 5. Approved Agreement with Leighton & Associates, Inc., for Inspection Services for the Grape Street Bridge. Anticipated Cost $13,164.00. 8. Adopted Resolution No. 88-26 and Approv~~Memorandum of Understanding with the Professional Administrative Group. RESOLUTION NO. 88-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING RESOLUTION NO. 87-17 REGARDING COMPENSATION AND SUPPLEMENTARY BENEFITS FOR PROFESSIONAL/ ADMINISTRATIVE EMPLOYEES OF THE CITY AND ADOPTING REVISED COMPENSATION AND SUPPLEMENTARY BENEFITS FOR SAID EMPLOYEES. 9. Designated the Director of Public Services as the City's Agent for Geothermal Well Reporting. 10. Concurred with Riverside County Transportation Commission report to not provide Sunday Bus Service at this time. 11. Approved public hearing date of July 12, 1988 for the following: - a. Zone Chanqe 88-2 = Neil M. Cleveland/Roger ~ Epperson A request to change the zoning from R-R-O and C-P-S (formerly County designation) to C-2 (General Commercial) for 21.71 acre site that is comprised of twenty (20) parcels of land. The project is located on the northerly side of State Highway 15 between Central Avenue and Third Street, South of Cambern Avenue. ITEMS PULLED FROM CONSENT CALENDAR 6. Agreement for Lease of Real Property with the South Coast Air Quality Management District for property located at Lindsay and Flint Streets. Councilman Starkey requested that a condition be added to require fencing around the entire property as well as appropriate landscaping. He also questioned if the City could afford to lease this property for one dollar per year. Councilman Dominguez commented that he is familiar with this facility and it will only be occupied when tests are being run. - Councilman Buck advised that he had received numerous complaints at this location. Councilman Dominguez commented that this type of problems will exist anyway. City Manager Molendyk suggested that fencing the perimeter of this property would at least prevent trespassing and curb the problems. He - 00 01 C\I W CD <t - - 227 PAGE THREE - CITY COUNCIL MEETING - JUNE 28, 1988 further suggested that the landscaping requirement would help provide a more aesthetic appearance for neighboring properties. f ; Public Services Director Kirchner advised that a representative from South Coast Air Quality Management Agency was available to answer questions from Council. I MOVED BY STARKEY., SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AGREEMENT FOR LEASE OF REAL PROPERTY TO SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT. 7. Lease Agreement for the Senior Nutrition Program. Councilman Dominguez questioned which building was being agreed upon for use, the Community Center or Lakepoint Park. City Manager Molendyk advised that it had been formulated for use of the community Center for now and if necessary could be worked out differently in the future. Councilman Washburn questioned whether the added stipulation for use of the facilities, when the nutrition program would not be using them, had been included in the agreement, as h~felt this had been the intent. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE LEASE AGREEMENT WITH APPROPRIATE WORDING TO PROVIDE FOR USE OF THE FACILITIES BY OTHER GROUPS WHILE NOT IN USE BY SENIOR NUTRITION. PUBLIC HEARINGS 32. General Plan Amendment 88-2 ~ Zone Chanqe 88-3 = Century American Corporation. A request to change the General Plan Land Use Designation from PUblic/Semi Public to High Density Residential (12.1 - 20 dwelling units per acre - Condominiums; 12.1 - 24 dwelling units per acre - Apartments). Resolution No. 88-28. And a request to change the zoning designation from R-l HPD (Single-Family Residential-Hillside Planned District) to R-3 (High Density Residential), on an 8.38 parcel located between Interstate 15 and Casino Drive (Vista Del Lago) at the intersection of Franklin Street. Ordinance No. 834. Community Development Director Miller explained the proposed project and commented on the upgraded aspects of the proposal. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:23 p.m. asking those in favor of the project to speak. The following person spoke: Barry Coddle, representing the applicant, commented on the building background and financial involvements of Century American and the work which had been done with City Staff and the Planning commission. He offered to answer any questions from Council. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:25 p.m. 228 PAGE FOUR - CITY COUNCIL MINUTES - JUNE 28, 1988 Councilman Washburn advised that he would be abstaining from vote on this item. ,r- Councilman Buck commented that he feels this is an excellent use of property being proposed. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO o WITH WASHBURN ABSTAINING TO ADOPT',NEGATIVE DECLARATION 88-15, ADOPT FINDINGS LISTED BELOW: Findinqs - 1. The proposed General Plan Amendment and Zone Change 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 designations permits development to the highest and best nature within mitigable means to insure maintenance of the general public health, safety and welfare. APPROVE GENERAL PLAN AMENDMENT 88-2 AND ADOPT RESOLUTION NO. 88-28; RESOLUTION NO. 88-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENTS TO THE LAND USE ELEMENT AND THE CIRCULATION ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1988. AND APPROVE ZONE CHANGE 88-3 AND ADOPT ORDINANCE NO. 834. ORDINANCE NO. 834 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 8.38 ACRES LOCATED BETWEEN INTERSTATE 15 AND CASINO DRIVE (VISTA DEL LAGO) AT THE INTERSECTION OF FRANKLIN STREET FROM R-l (HPD) [SINGLE-FAMILY RESIDENTIAL_ - HILLSIDE PLANNED DISTRICT] TO R-3 [HIGH DENSITY RESIDENTIAL] ZONING DISTRICT (ZONE CHANGE 88-3 - CENTURY AMERI CAN) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE - ABSTAIN: COUNCILMEMBERS: WASHBURN 33. General Plan Amendment 88-3 = George Alonqi. A request to amend the General Plan Circulation Element ..... 00 m N W m ~ ..... ~ 229 PAGE FIVE - CITY COUNCIL MINOTES - JUNE 28, 1988 ! i I i j extending the Modified Secondary (80' right-of-way) designation on Chaney Street from Pottery street northeasterly to Flint/Davis Street intersection, changing the designation from Major (100' right-of-way); and changing the designation on strickland Avenue from Collector (76' right-of-way) to a sixty foot (60') right-of-way. Community Development Director Miller explained the impact of the proposed change on the traffic cirqu1ation in the area. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7.:28 p.m. asking those in favor of the amendment to speak. The following person spoke. George Alongi, applicant, expressed applicant for this type of request. cases where staff concurs, it would bring the matter forward to Council the citizens. conq~rn with expenses to He suggested that in be better for staff to and save the expense to Mayor Winkler asked those in opposition to the amendment to speak. Hearing no one, the public hearing was closed at 7:30 p.m. Councilman Washburn question whether sidewalks would still be required. Staff confirmed that they would. He further questioned the concern raised by the Planning Commission with regard to circulation. Community Development Director Miller explained that based on existing development it would not be feasible to place another street between Strickland and the channel. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 88-16, ADOPT THE FINDINGS LISTED BELOW: Findinqs 1. No significant adverse environmental impacts are anticipated to result from the proposed project. 2. The proposed Amendment is consistent with the Goals, Policies and Objectives of the General Plan. 3. The proposed Amendment will not be detrimental to the_ health, safety, comfort or general welfare of the persons residing or working in the neighborhood, nor injurious to property or improvements in the neighborhood. AND APPROVE GENERAL PLAN AMENDMENT 88-3 AND ADOPT RESOLUTION NO. 88-28. RESOLUTION NO. 88-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENTS TO THE LAND USE ELEMENT AND THE CIRCULATION ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1988. 34. Budqet for Fiscal Year 1988/89. Resolution Nos. 88-30 & 88-31. 230 PAGE SIX - CITY COUNCIL MlNUT,ES - JUNE 28, 1988 ~ i ! , City Manager Molendyk advised that the Budget as presented is balanced and reflects the impacts of the City's current growth factors. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:34 p.m. asking those persons in favor of the proposed budget to speak. No one spoke. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was ~losed at 7:34 p.m. Councilman Washburn commented that he feels the budget is a good one stressing the most important needs of the city. Mayor Winkler thanked staff for their effor~s to prepare the budget and work with the Council and Finance Committee. - MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 88-30 APPROVING THE BUDGET FOR FISCAL YEAR 1988-89; RESOLUTION NO. 88-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1988-1989 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN. AND ADOPT RESOLUTION NO. 88-31 SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1988-89. RESOLUTION NO. 88-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1988-1989 CONSISTENT WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY OF INFORMATION SUPPORTING SAID DETERMINATION. - 35. Amendment 88-6 = city of Lake Elsinore. Amendment to Title 16, Subdivisions, of the Lake Elsinore Municipal Code adding Chapter 25 pertaining to Vesting Tentative Maps. Community Development Director Miller explained the terminology of "Vesting Tentative Maps", and the new State requirement that Maps be in effect for a period of two years following recordation. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at those in favor of this amendment to speak'. Mayor Winkler asked those in opposition to one, the public hearing was closed at 7:37 7:36 p.m. asking No one spoke. speak. Hearing no p.m. Councilman Washburn questioned the two year period and whether the fees and standards could be upgraded at which time a project is extended. Community Development Director Miller advised that the new law requires that the standards placed on a development be maintained through completion of the project. He further advised that with regard to fees it was not yet clear whether they would be required to stay at the same level. -.oil' - 00 OJ C\I W CD <( - - 23f' PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 28, 1988 MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE AMENDMENT 88-6 BASED UPON THE FOLLOWING FINDINGS: "' Findinqs 1. The Vesting Map Ordinance is not a .project under California Environmental Quality Act (CEQA) based upon the . fact it is administrative PQlicy formulation not expected to have direct or indirect adverse environmental effect. 2. The Vesting Map Ordinance will bring the City's Municipal Code on Subdivisions into conformity with State Subdivision Map Act requirements and procedures. AND ADOPT ORDINANCE NO. 835. ORDINANCE NO. 835 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 16.25, VESTING TENTATIVE MAPS, TO THE LAKE ELSINORE MUNICIPAL CODE ESTABLISHING CRITERIA FOR PROCESSING VESTING TENTATIVE MAPS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS/DISCUSSION ITEMS 51. Industrial Project 88-1 = Frank Avres ~ Son Const. Request to construct two (2) buildings totaling 27,213 square feet on 2.10 acres, located on the north side of Collier Avenue between Chaney and Third Streets in an M-l (Limited Manufacturing) District. Community Development Director highlighted the proposed project. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO o WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION 88-7, ADOPT FINDINGS LISTED BELOW: Findinqs 1. Subject to the attached Conditions of Approval the proposed project is not expected to result in any significant adverse environmental impact. 2. The project, as approved, complies with the Goals and Objectives of the General Plan and meets all the minimum requirements of the Limited Manufacturing Zoning District. 3. The project, as approved, complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 232 PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 28, 1988 4. Conditions and safeguards pursuant to section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the property in accordance with the Objectives of Chapter 17.82.060 and the Limited Manufacturing Zoning District. AND APPROVE INDUSTRIAL PROJECT 88-l',SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Planninq Division Conditions - 1. Design Review approval will lapse and be void unless Building Permits are issued within one (1) year. 2. Applicant shall meet all Conditions of Approval prior to the issuance of a certificate of Occupancy and release of utilities. 3. The project shall be constructed in substantial conformance with submitted revised development plans date stamped May 23, 1988, except as modified by conditions herein. 4. All required off-site improvements, including street lighting, shall be completed in accordance with improvement plans approved by the City Engineer prior to release of utilities and issuance of Certificate of Occupancy. 5. Applicant shall comply with all applicable City Codes and Ordinances. 6. Applicant shall comply with City Noise and Grading Standards during construction phases of development. 7. Trash enclosures shall be constructed per City Standards as approved by the Community Development Director. - 8. Meet all State handicap requirements. 9. Parking stalls shall be double-striped with four-inch (4") lines two-feet (2') apart. All compact parking spaces shall be clearly marked "compact cars only". 10. A final Grading and Drainage plan shall be submitted and shall be subject to the approval of the Chief Building Official and City Engineer. 11. All exterior lighting sources shall be shielded and directed on-site so as to not create glare onto neighboring property and streets, or allow illumination above the horizontal plane of the fixture. 12. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free- standing signs shall be by City permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. - 233 PAGE NINE - CITY COUNCIL MINUtES - JUNE 28, 1988 13. No outdoor storage shall be allowed for any tenant, unless completely screened with solid screening from public view to the satisfaction of the community Development Director. 14. All roof mounted equipment shall be at least six-inches (6") lower than the parapet wall or top for equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 15. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director. l Any proposed metal mailboxes shall be treated to blend with the center's design theme. A detail shall be included in the building plans, subject to the approval of the Postal Service and the Director of Community Development. - 16. 00 01 C\I W 17. m 18. <( 19. No exterior roof ladders shall be permitted. All exterior downspouts and roof equipment shall be painted to match the building, and shall be channeled under the sidewalks. Construction generated dust and erosion shall be contained in accordance with the provisions of the Municipal Code and using best construction practices. Interim erosion control measures shall be taken 30 days __ after rough grading, as approved by the Chief Building Official. 20. A Final Landscape plan shall be submitted to the planning Department for approval and include landscape and irrigation specifications to be approved by the City Landscape Architect. The revised plans should be prepared and signed by a licensed Landscape Architect and include the following: a) The Final Landscape Plan shall include screening of all transformers, backflow or metering devices and other ground mounted equipment. - b) All planting areas shall be separated from paved areas with a six-inch (6") high concrete curb. c) Planting within fifteen-feet (15') of ingress/egress points shall be no higher then thirty-six inches (36") . d) 2" x 4" wood headers shall be used to separate all turf and ground cover areas. e) Provide vertical plant material along building "1" unit A, such as Privets or Oleanders. f) Replacement of Schinus Molle (California Pepper Tree) with more desirable, less messy species. 21. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development 234 PAGE TEN - CITY COUNCIL MINUTES - JUNE 28, 1988 , j ? I j Department for inclusion in the case records. 22. Meet all requirements for water and sewer service of the Elsinore Valley Municipal Water District. 23. The existing loading doors on the property line shall be closed in by a one-hour construction or a parcel merger shall be required. 24. Applicant shall remove the existing, on-site billboard sign prior to commencement of grading operations. - Riverside County Fire Department Conditions 25. Meet all the following Riverside County/Fire Department conditions: a) The Fire Department is requiredto set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. b) Provide or show there exists a water system capable of delivering 1250 GPM for a 2 hour duration at 20 PSI residual operating pressure which must be available before any combustible material is placed on the job site. c) A combination of on-site and off-site super fire hydrants, on a looped system (6" x 4" x 2-1/2" x 2-1/2"), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. -- d) The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. e) Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. f) In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire department, as per Section 505 (e) of the Uniform Building Code. g) Certain designated areas will be required to be maintained as fire lanes. -- h) Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact certified extinguisher company for proper placement of equipment. i) Final conditions will be addressed when building plans are reviewed in Building and Safety. ~ ro m N W m ~ ~ ~ 235 PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 28, 1988 Enqineerinq Department Conditions 26. The existing concrete drainage swale to be in drainage easement. ! 27. Remove 6' concrete swale along frontage of Collier. 28. .provide for drainage of exi~ting pipe under existing driveway. 29. Provide pro-rata share for design and construction of a median on Collier. 30. Dedicate underground water rights to the City prior to issuance of encroachment permit (Municipal Code), Title 16, Chapter 16.52.030); document can be obtained in the Engineering Department. 31. Sign agreement and cooperate with the city in forming a Lighting and Landscaping District (Resolution 86-26, 86-27, 86-36); document can be obtained in the Engineering Department. 32. Submit a letter of verification to the City EngineerIng Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to applying for encroachment permit. 33. Provide fire protection facilities as required in writing by Riverside County fire protection. 34. Meet all requirements of Ordinance No. 571 (Chapter 12.08 of the Municipal Code) regarding encroachment permits. 35. Meet all requirements of Ordinance No. 572 (Chapter 16.34 of the Municipal Code) regarding public improvements for buildings and subdivisions. 36. Meet all requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulations. 37. Meet all requirements of Resolution No. 77-39 regarding capital improvements fees and engineering plan check fees for other than subdivisions. 38. Prior to the issuance of Building Permits, applicant shall submit and receive approval of street improvement plans by the city Engineer. 39. Provide three-foot dedication along property frontage on Collier for right-of-way. 40. Pay pro-rata share of traffic signal at Collier Avenue and Central. 52. Animal Control Alternatives. Community Development Director Miller highlighted the discussions and work which lead up to staff's recommendation. Councilman Starkey question how long it would take for the contract to be drawn up and implemented. staff advised that they would begin work with L.E.A.F. right away. Councilman Washburn commended L.E.A.F and staff on their work toward this agreement. He suggested an annual schedule to 236 PAGE TWELVE - CITY COUNCIL MINUTES - JUNE 28, 1988 stress the educational aspects of the program. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ACCEPT IN CONCEPT THE PROPOSAL FROM L.E.A.F. AND DIRECTED STAFF TO NEGOTIATE A PRECISE CONTRACT. IN THE INTERIM THE CITY COUNCIL AGREES TO LEASE THE EXISTING SHELTER TO L.E.A.F. FOR A PERIOD OF THREE YEARS AT A RATE OF $1.0Q PER YEAR, WITH ANY PERMANENT IMPROVEMENTS TO THE FACILITY ~EMAINING THE PROPERTY OF THE CITY UNLESS 9THERWISE PROVIDED. 53. city of Lake Elsinore Landscape Guidelines. A resolution to establish landscape guidelines and standards for all development within the city. City Manager Molendyk advised that he had been contacted by E.V.M.W.D. with some specific drought related concerns which need to be addressed, and recommended continuance for two weeks. .... MOVED BY WASHBURN; SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. MAYOR WINKLER DECLARED A RECESS AT 7:43. THE CITY COUNCIL RECONVENED AT 7:46 WITH ALL MEMBERS PRESENT. PUBLIC HEARINGS (Cont.) 31. Citywide Lighting-Landscaping Maintenance District. (Resolution No. 88-27). Jeff Cooper, representing the consultant, B.S.I., gave a brief explanation of the proposed district and the calculation of assessments, for the cable television audience. -- AT 7:58 P.M. MAYOR WINKLER CONTINUED THE PUBLIC HEARING TO 8:00 P.M. THIS DATE IN THE COMMUNITY CENTER, 308 W. GRAHAM, LAKE ELSINORE. THE CITY COUNCIL RECONVENED IN THE COMMUNITY CENTER AT 8:10 P.M. WITH ALL MEMBERS PRESENT. Jeff Cooper, representing B.S.I. explained the proposed district and how individual assessments had been calculated. He explained the 20% discounted assessment for vacant parcels, and terminology such as equal zones of benefit. City Attorney Harper advised that at present the City had received comments in opposition from approximately 107 parcels or 0.75% of the affected parcels/property owners. The City Clerk reported approximately 80 letter in opposition to the District and 2 in support which are on file in the City Clerk's Office. Also reported were 6 phone calls in opposition and 1 in support. Mayor Winkler opened the public hearing at 8:24 p.m. asking those in favor of the proposed City-wide Assessment District to speak. No one spoke. Mayor Winkler asked those in opposition to speak. The following people spoke: --- Lee Allen, 270 Avenue 9, L.E. Dick Knapp, 29690 Dwan Drive, L.E. Ray Betts, 34600 Rye Court, L.E. Cheryl Higley, 241 Driftwood Court, L.E. - 00 OJ C\.I W CD <t - - 297 PAGE THIRTEEN - CITY COUNCIL ~INUTES - JUNE 28, 1988 % I i j Barbara Roberts, 300 N.' Ellis, L.E. Jo Koger, 16670 Arnold Avenue, L.E. Wayne ott, 1021 Lake Meadows Court, L.E. Lawrence Lindquist, 31773 Via Valdez, L.E. Christine Hyland, 15191 Wavecrest Drive, L.E. Christine Koman, 115 N. poe street Jack Cohen, Attorney, 9720 wilshire Blvd., Beverly Hills Jerry stewart, 105 E. Flint street, L.E. John Empson, 32825 Macy street, L.E. Anthony Mazzeo, 20890 Alameda Del ~onte, L.E. Doroteo (Don) Solis, 31783 Via Cordova, L.E. Chris Marie, Mill Street, L.E. . Irene Danon, 1956 Thoyer Ave., Los Angeles Janice Trimble, 319 Avenue 2, L.E. Cheryl Chavelli, 1101 Park Way, L.E. John Cooper, 31759 Via Valdez, L.E. Kathy Slausen , Allen Baldwin, 16496 Lash Street, l:;~,E. Donald Ash, 1131 Mill Street, L.E. Tony Schiavone, 780 Lake Street, L.E. Mayor Winkler declared the public hearing closed at 9:40 p.m. Jeff Cooper, B.S.I., clarified the calculation of assessments and the types of projects which would be completed as part of this district. City Attorney Harper advised that based on the combination of written opposition and oral opposition, there was approximately a 2-3% opposition to the district. Mayor Winkler clarified that B.S.I. had been contracted in January or February of this year to prepare the Report for this district. He further clarified that all previous action on this district had been taken in open City Council meetings. Mayor Winkler explained that all procedures required by law had been fulfilled, including noticing requirements. He also explained that under the constraints of Propositions 4 & 13 this type of assessment is legal. He commented on the fairness of the now existing small assessment districts in new areas vs. a format where all City residents pay a portion. Councilman Dominguez commented on the importance of public input at the public hearing level so Council knows their concerns. Councilman Washburn further explained that the City had complied with all of the laws, and a vote of the community is not required. He suggested that the assessments be reviewed in the case of Senior citizens on fixed incomes. He commented that in his opinion, this is a fairer system than having only the city's new residents paying for an assessment district. Councilman Buck commented on complaints he has received with regard to lack of services and the improved services which would be gained through this district. He requested Council concurrence that 50% of each year's assessment would go toward lighting the city's major streets. He further commented that he feels increased lighting would be more cost effective than an additional law enforcement officer at a rate of $125,000 per officer. Councilman starkey concurred with other Council comments, and expressed concern that he had not been contacted by the public earlier, so he could base his decisions on more input. He 238 PAGE FOURTEEN - CITY COUNCIL MINUTES - JUNE 28, 1988 ~ j i j felt at least 50% of the money collected should be returned to the public in the form of increased services. City Attorney Harper clarified the options for adjustments to the assessments. He suggested that if more thought is needed, the final formula could be brought back in two weeks. He advised that Council could also adopt specific exemptions, such as Senior Citizens, if they desired to do so. Mayor Winkler suggested that the first year assessment be set at 10% with the City paying the other 90%. -- Councilman Washburn suggested assessments start at 25% or 50%. MOVED BY COUNCILMAN DOMINGUEZ TO ACCEPT THEJFORMULA AS PRESENTED AND REDUCE THE SENIOR CITIZENS' ASSESSMENT BY 50%. MOTION DIED FOR LACK OF A SECOND. MOVED BY COUNCILMAN WASHBURN TO ACCEPT TkE FORMULA AT 25% FOR THE FIRST YEAR AND REFER THE SENIOR CITIZENS' ISSUE TO COUNCIL COMMITTEE FOR RESOLUTION. MOTION DIED FOR LACK OF A SECOND. MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO SET THE FIRST YEAR ASSESSMENT AT 50% AND GIVE SENIOR CITIZENS A 50% REDUCTION. RESOLUTION NO. 88-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE FORMATION AND ANNUAL ASSESSMENT LEVY OF A CITY-WIDE LANDSCAPING AND STREET LIGHTING DISTRICT. Jeff Cooper recommended that the Senior citizens issue be handled separately, possibly with a rebate. Mayor Winkler -- suggested that he and Councilman Buck serve as a Committee to work out this issue. Councilman Buck requested consensus of Council with regard to 50% of the assessment being guaranteed to supply lighting on major streets. Mayor Winkler expressed agreement. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Councilman Buck commended the local Sheriff, Fire Department and Paramedics for their response and services in his recent traffic accident. Councilman Starkey encouraged donations to the July 4th Fireworks Funds. He commented that the Chamber is still approximately $700.00 under the required funds. Mayor Winkler responded to Dick Knapp's comments regarding the Country Club Heights Committee. He advised that Councilman Matson had served as the Council representative and suggested that Councilmembers Washburn and Buck work with that committee now. -- Mayor Winkler reviewed the process of choosing new Planning Commissioners and recommended that the new members be Pam Brinley, Bill Saathoff, and Al Wilsey. He commented that this group of people would provide a good cross section of the area. .~ -" CD OJ C\I W CD <t r r ~ "'-" 239' PAGE FIFTEEN - CITY COUNCIL MINUTES - JUNE 28, 1988 MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO 1 WITH DOMINGUEZ CASTING THE DISSENTING VOTE TO CONFIRM THE PLANNING COMMISSION APPOINTMENTS AS RECOMMENDED BY MAYOR WINKLER. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY eUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY. COUNCIL P.M. ---", AT,TEST: ~ .;. J. ~~'>;~ITY CITY ;~LSINORE .. ,," . .. -~. ~ : ~,; , ' ~ CLERK { l -.~