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HomeMy WebLinkAbout06-12-1984 City Council Minutes 404 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 12, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Valenzuela at 7:01 p.m. ROLL CALL -- PRESENT: . ABSENT: COUNC IL~1EMBERS: COUNC IL~1EMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NONE Also present were: City Manager Trevino, Attorney John Harper, Assistant to City Manager Norton, Finance Director Barrick, City Engineer Culp, City Planner Corcoran, RDA Administrative Assistant Modesti and City Clerk Money. PUBLIC COMMENTS George Alongi, 629 Mill Street, Lake Elsinore, expressed concern over the type of asbestos cement water pipe which is being installed in the City. Evidence has shown that any type of asbestos is harmful when ingested. He urged the City not use this type of material. Bob Jacobson, 174 N. Chestnut Street, Lake Elsinore, requested permission to plant a tree in Machado Park in memory of Rudy Valenzuela. A Modesto Ash or Arizona Ash has been suggested. Formal action will be taken at the next Council meeting. Bob Mobley, owner of Quality Taxi, commented on an unlicensed taxi which is oper- ating in the City. Mayor Valenzuela stated this would be referred to staff. .... Adam Natalie, 16919 Bell Street, Lake Elsinore, commented that the Planning Depart- ment allows persons to proceed with projects and spend money and subsequently the project is denied by the Planning Commission or Design Review Board. He felt applicants should be informed of this possibility prior to any outlay of money. Doug Roberts, 17183 Shrier Drive, Lake Elsinore, requested Council keep their breaks down to ten minutes and that Executive Sessions be held after Council business is completed. Mr. Roberts asked questions regarding the Mortgage Revenue Bonds and for the address of Pima Savings and Loan. Vivien Plana, Ambassador Villa, commented on new businesses in the area. Urged Council and citizens offer their support. Lee Allen, 270 Avenue 9, Lake Elsinore, commented that many things were occurring ln the Clty which concerned him. PRESENTATIONS Mayor Valenzuela presented a Certificate of Honor to the Lakeside Car Club for beautification of the City of Lake Elsinore in restoring the IE', which is a local landmark, on the Elsinore Mountain Range near the Ortega Highway. CONSENT CALENDAR The following items were removed from the Consent Calendar for further considera- .... tion and discussion: Item Nos. 1d, 4, 6, 7, 8, 10, and 11. Mr. Trevino requested Item No. 13 - Set for Public Hearing July 10, 1984 - General Plan Amendments - be deleted. These hearings will be set for another date after Planning Commission has completed their review. MOVED BY STRIGOTTE, SECONDED 8Y KilIGHT MlD CARRIED UNMlH10USLY TO APPROVE THE BALANCE OF THE CONSENT CALE~DAR AS PRESENTED. 40n Pa ge two City Council Minutes June 12, 1984 CONSENT CALENDAR - Continued. l~. Approved the following Minutes: a. April 27, 1984 - Study Session b. May 3, 1984 - Study Session c. May 8, 1984 - Regular Council Meeting 2. Animal Control Activity Report, May, 1984 - Filed. 3. Building Division Monthly Activity Report, May, 1984 - Filed. 5. Approved request of Olympic Torch Committee to bring the Olympic Torch through the City of Lake Elsinore on July 23, 1984. Directed City Engineer to make barricades and flagmen available at major intersections. All activities to be coordinated through Sgt. Nichols, County Sheriff's Department. LQ Xi ~ '~ ~ ~ 9. Approved request of City Enqineer to schedule a Study Session to discuss the Davina of Main Street. 12. Claim No. 84-12 - General Telephone Company - was rejected and referred to Insurance Carrier. ITEr~S REMOVED FROM CONSENT CALENDAR l.d. Minutes - Adjourned Council Meeting - May 14, 1984. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE THE MINUTES OF MAY 14, 1984, WITH THE FOLLOWING CORRECTIONS: Page two - Section 3 - Should read: Review of Proposed Sewer Refund Agreement. Page two - No.8 Expansion of Treatment Capacity - Add Sections A and B. , 4. Warrant List - May, 1984 - Warrant No. 01477 - Printing of Forms for RDA Bond Issue. Attorney MacFarland explained that these forms are steel-engraved and this type of work is only done by a few specialists. It is a very expensive pro- cedure. Each bond issue must produce certificates which are unique from all other bond issue certificates. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ACCEPT THE EXPLANATION OF WARRANT NO. 01477 AND APPROVE THE HARRANT LIST FOR MAY, 1984, WARRANT NOS. 01439 THROUGH 01677, NON-INCLUSIVELY, TOTALING 5463,248.14. 6. Use of City Park Gazebo - Square Dance Club - Tuesday nights during June, July and August, 1984. 7. Use of Community Center - Valley Amateur Club - June 14, 1984. 8. Use of Community Center - Peggy Lakey/Teen Dance - June 22, 1984. Mr. Strigotte requested all three items be determined on one motion. - MOVED BY STRIGOTTE, SECONDED BY VERMILLION AND CARRIED TO APPROVE ALL THREE REQUESTS SUBJECT TO POSTING OF FIVE-HUNDRED DOLLAR ($500.00) SECURITY DEPOSIT AND HIRING OF UNIFORMED SECURITY OFFICER, CERTIFIED BY CONSUMER AFFAIRS, OR DEPUTY SHERIFF, FOR EACH ACTIVITY. AYES: MATSON, STRIGOTTE, VERMILLION NOES: KNIGHT, VALENZUELA 10. MOVED BY KNIGHT, SECONDED BY ~lATSON AND CARRIED UNJ'..NIr'10USLY TO CONTIiiUE THE REPORT ON GREAT COASTAL OIL LEASE AREA TO JUNE 26, 1984. 11. Claim No. 84-10 ~ Dorothy Novicky MOVED BY STRIGOTTE, SECONDED BY ~1ATSON Aim CARRIED UilANIi.10USLY TO REJECT AND REFER CLAIM NO. 84-10 TO INSURANCE CARRIER. 13. MOVED BY I-lATSON, SECONDED BY STRIGOTTE ;"rm CARRIED UilANH.l0USLY TO DELETE THIS ITE~l AND SET HEARING DATE FOR GENERAL PLAN Ai-1Ei:m~ENTS AT NEXT COUNCIL 1.1EETING. 406 Page three City Council Minutes June 12, 1984 MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY Td~ HEAR BUSINESS ITEMS BEFORE THE PUBLIC HEARINGS. BUSINESS ITEMS 51. Resolution of Intent to Annex - IIAnnexation No. 37 - Nelson Annexationll. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY THAT THIS ITS., BE HEARD WITH ITEM NO. 35 - PUBLIC HEARINGS - PRE-ZONING FOR ANNEXATION NO. 37. ... 52. Request for Grand Jury Investigation. Mr. Trevino reported that occurrences over the past few weeks have raised questions regarding access to City files. Subsequent to a Council directive to make keys to all offices in City Hall available, it was discovered that some files were examined over the weekend when no city personnel were present. Some Department heads have expressed concern over possible liability for files in their custody which are examined when they are not present and without their knowledge. Mr. Trevino urged Council to consider this request for an investiga- tion for the over-all good of the community and the removal of doubt. Discussion Lengthy Council discussion followed with individual viewpoints expressed. Attorney Harper stated there are two issues involved, one of access to records and the other is the integrity of those records. He reviewed and re-stated the legal opinion on this matter as well as liability involved. Mr. Harper emphasized that a Councilman, acting as an individual, is governed by the same restrictions on access to public records as is any member of the publ ic at 1 arge. In a City Manager form of government, personnel records are normally not available for individual Councilmen to review. MOVED BY MATSON, SECONDED BY STRIGOTTE A~D CARRIED, IN LIEU OF A GRAND JURY INVESTIGATION, TO DIRECT CITY MANAGER TO RE-KEY CITY HALL, MASTER KEYS TO BE ... HELD ONLY BY THE CITY CLERK, SHERIFF'S DEPARTMENT AND FIRE DEPARTMENT, EACH DEPARTMENT HEAD, COUNCILMEMBER AND STAFF MEMBER TO HAVE ONLY A KEY TO THEIR OFFICE, AND, TO FORM A STANDING COMMITTEE CONSISTING OF COUNCIL AND STAF~ TO ALLOW :CITIZENS, COUNCILMEMBERS OR STAF~ WHO FEEL THEY ARE NOT GETTING INFORMA- TION,CAN REQUEST STANDING COMMITTEE COME IN AND INVESTIGATE. COMMITTEE TO CONSIST OF COUNCILMEMBERS STRIGOTTE AND VERMILLION,AND CITY CLERK OR THE DEPUTY CITY CLERK. AYES: MATSON, STRIGOTTE, VERMILLION NOES: KNIGHT, VALENZUELA Mr. Strigotte requested the keys which are placed at the Sheriff and Fire Department have a list of those persons having access to these keys. 53. Change of Administrative Control of Finance Director. Mr. Trevino reported that he had been requested by Councilman Strigotte to place this item on the agenda for discussion and Mr. Nazarek has prepared a resolution for Council review. MOVED BY STRIGOTTE, SECONDED BY VERMILLION TO APPROVE RESOLUTION NO. 84-27, REQUIRING THE FINANCE DIRECTOR TO REPORT TO THE CITY COUNCIL. Amended Motion: - TO ALLOW A NINETY (90) DAY TRIAL PERIOD (Second did not agree). Motion withdrawn. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED TO TABLE THIS ISSUE, REFeR BACK TO CITY ATTORNEY FOR REVIEW AND REVISED RESOLUTION BROUGHT BACK AT ~EXT COUNCIL MEETING. AYES: MATSON, STRIGOTTE, VERtHLLIml, VALENZUELA NOES: KNIGHT '40rl Page four City Council Minutes June 12, 1984 BUSINESS ITEMS - Continued. 54. Proposed Sale of Sewer Facilities and Land. Mr. Trevino reported that neQotiations have been underway for some time between the City and the Elsinore Valley Municipal Water District regarding the sale of existing wastewater treatment facilities and 29.5 acres of land owned by the City. Transfer of the 29.5 acres would be for the purpose of a site for the Regional Wastewater Treatment Plant. Mr. Matson distributed the final draft of the transfer agreement and reviewed proposed amendments as follows: Page 6 - Section 3.12: 'City agrees to indemnify and hold District free and harmless, (through the end of paragraph Page 10 - Section 3.21 - Insert the date IJune 23,19841. to X) r-.. '""":> Q .Q Page 14 - Section 4.15 - First sentence should read: District agrees to use its best efforts to rehabilitate, etc. Page 14 - Section 4.15 - Last sentence should read: District agrees to use said capital improvement program sewer fees, if available, for expansion of the wastewater system as may be required or necessary from time to time. Page 20 - Section 11 - Termination - Add: If the District should not receive the Regional Step III Grant Funding, then they have the option to transfer the sewer facilities and property back to the City. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE AMENDMENTS TO PROPOSED AGREEMENT AND RESOLUTION NO. 84-26 AUTHORIZING AND APPROVING THE AGREEMENT. RESOLUTION NO. 84-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AND APPROVING AN AGREEMENT FOR THE SALE OF WASTEWATER TREATMENT AND COLLECTION FACILITIES TO THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT. 55. Audit Engagement for Fiscal Year ending June 30, 1984. Jo Barrick reported that two proposals for audit have been submitted. Based on their performance, qualifications and lower bid, staff recommends Ernst and Whinney be contracted to perform the Fiscal Year 83-84 audit. MOVED BY MATSON, SECONDED BY VEro~ILLION AND CARRIED UNANIMOUSLY TO APPROVE CONTRACT WITH ERNST AND WHINNEY TO PERFORM THE FISCAL YEAR 83-84 AUDIT, FOR A TOTAL AMOUNT OF FOURTEEN THOUSAND DOLLARS ($14,000). 56. Proposal ,of a Credit Bureau. Jo Barrick reported that the City of Lake Elsinore currently has no arrangement with a credit bureau to collect delinquent bills and bad checks. Internal techniques have proved successful only when the persons are locatable. Cardinal Credit Bureau has been collecting for cities in this area for some time. This agency is offering a 40% charge for collection which increases to 50% only if legal action is required. This would allow the City to recover 50% to 60% of otherwise uncollectable dollars. Staff recommends approval of the proposal of Cardinal Credit Bureau to act as collection agent for the City of Lake Elsinore. MOVED BY KNIGHT, SECONDED BY MATSON TO APPROVE PROPOSAL OF CARDINAL CREDIT BUREAU TO ACT AS COLLECTION AGENCY FOR THE CITY OF LAKE ELSINORE. Council discussion followed. It was suggested that a background investigation be conducted on Cardinal Credit Bureau assuring that this is a reputable fir~. Also, Section 17 of the proposal should state a definite time for providing annual audit information regarding Cardinal Credit Bureau, not, as presently stated, 'vJithin a reasonable time '. 40B Page five City Council Minutes June 12, 1984 BUSINESS ITEMS - Continued. 56. Proposal of a Credit Bureau - Continued. ~ SUBSTITUTE MOTION: MOVED BY STRIGOTTE, SECONDED BY MATSON TO REQUIRE A FORMAL BACKGROUND INVESTI- GATION OF CARDINAL CREDIT BUREAU BE COMPLETED AND ON FILE AND SECTION 17 OF PROPOSAL BE DEFINED, AND PROPOSAL BE REVIEWED BY CITY ATTORNEY PRIOR TO ... SIGNING BY THE MAYOR. AYES: KNIGHT, MATSON, STRIGOTTE, VE~1ILLION, VALENZUELA NOES: NONE ORIGINAL MOTION: MOVED BY KNIGHT, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO TABLE THIS ACTION UNTIL CONDITIONS REQUIRED IN SUBSTITUTE MOTION ARE MET. 57. Request for Use of Rodeo Grounds for Gymkhana and Horse Show. Mr. Trevino reported that the Chamber of Commerce is requesting the use of Rodeo Grounds for Horse Shows on June 16 and June 23, 1984. Staff recommends Council approve this request subject to the following conditions: 1. Provide fire coverage with direction from the Fire Department. 2. Provide for traffic control with direction from the Sheriff's Department. MOVED BY MATSON, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIONS. 58. Annual Fourth of July Fireworks Display. ... Mr. Trevino reported that the Chamber of Commerce is requesting permission to hold the Fourth of July celebration at the beach between Poe Street and Spring Street, permission to block Lakeshore Drive (two blocks) and the use of City barricades, as well as the balance of funds the City has allocated per agreement, $6,750.00, which represents the entire balance due this fiscal year. Staff recommends Council concur with request subject to the following con- ditions: 1. Obtain permission from the property owner to use the property for fireworks display. 2. Coordinate the effort with fire and police departments. 3. Grant permission to block Lakeshore Drive and use of City barricades. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE REQUEST SUBJECT TO STAFF RECOMMENDATIONS. 59. Barclay's Bond Issue - District Attorney's Opinion. MOVED BY STRIGOTTE, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN TO EXECUTIVE SESSION TO CONFER ON THIS MATTER, DUE TO POSSIBLE LITIGATION, AT 9:36 P.M. COUNCIL RECONVENED AT 10:00 P.M. ... Attorney John Harper reported that at the request of Council, the District Attorney's Office was asked to review any potential conflict of interest under Government Code Section 1090 which prohibits any Council member from being financially interested in any contract with the City, as well as the City Attorney. The District Attorney determined there was no criminal violation with regard to either question. In his opinion however, he did feel a potential conflict did exist in bot~ cases. There is no risk involved for the City of Lake Elsinore or for the Clty Counci1members. The risk lies with the Underwriter of the bond issue. This opinion will be disclosed in the prospectus at the time of sale of the bonds and would potentially have some affect on the saleability of the bonds. 4"~' Page six City Council Meeting June 12, 1984 BUSINESS ITEMS - Continued. 59. Barclay's Bond Issue - Continued. to Xl t"- "":) ~ .:::J MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED TO PROCEED WITH THE BOND ISSUE. AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VE~lILLION MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED TO DESIGNATE THE MAYOR OR MAYOR PRO TEM TO APPROVE ANY CHANGES INCLUDING THE FINAL TERMS OF THE DOCUMENTS AND THE BOND ISSUE PREVIOUSLY APPROVED AT THE MAY 8TH COUNCIL MEETING AND TO AUTHORIZE THE MAYOR OR MAYOR PRO TEM AND THE CITY CLERK AND OTHER DESIGNATED STAFF MEMBERS TO EXECUTE THE FINAL DOCUMENTS AND TO TAKE SUCH OTHER ACTION TO ACCOMPLISH THE ISSUANCE OF BONDS. IT IS UNDERSTOOD THAT ANY CHANGES WILL BE SPECIFICALLY POINTED OUT AND EXPLAINED TO THE SATISFACTION OF THE SIGNATOR. AYES: KNIGHT, ~~TSON, STRIGOTTE, VALENZUELA NOES: VE~lILLION PUBLIC HEARINGS 31. Zone Change 84-3 - Charles O. Pease - Pre-zoning for Annexation No. 34. Mayor Valenzuela announced this was the time and place for a public hearing pursuant to the application of Zone Change 84-3 and asked staff to identify the project and give staff recommendations. Jim Corcoran reported that this is a proposal to pre-zone 123.6 acres located westerly of intersection of Mountain Street and Robb Road, from County zoning A-1-10 (Farming) to City zoning R-l (Single-Family Residence) and C-2 (General Commercial). On April 24,1984, Council approved the Intent to Annex and Commencement of Proceedings for Annexation No. 34. The City of Lake Elsinore provides for prezoning areas prior to annexation as prescribed by Section 17.12.040 (E) of the Municipal Code. Planning Commission recommends approval of Zone Change 84-3 and first reading of Ordinance 694 enacting this zone change. The City Cl erk reported no written protes ts or comments. Mayor Valenzuela opened the public hearing at 10:18 p.m. and the following persons spoke in favor of Zone Change 84-3: 1. Robert Kipper, Engineer for the applicant, urged Council to approve this project. Mayor Valenzuela asked those in opposition to Zone Change 84-3 to speak. Hearing none, Mayor Valenzuela closed the public hearing at 10:20 p.m. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AMEND ORDINANCE NO. 694, SECTION TWO, TO READ: CHAPTER 17.048 - C-2 (GENERAL COMMERCIAL DISTRICT). MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 694 BY TITLE ONLY. ORDINANCE NO. 694 AN ORDINANCE OF THE CITY OF LAKE ELSIriORE, CALIFORNIA ADOPTING CERTAIN ZONING STANDARDS FOR USE ONLY '.'JITHIN THE AREA DESIGNATED AS THE PEASE ANNEXATION AREA -- AiJNEXATIOiJ no. 34. MOVED BY KNIGHT, SECONDED BY i'1ATSON Aim CARRIED TO APPROVE FIRST READU:G OF ORDINANCE NO. 694, AS AMENDED, BY THE FOLLO~ING ROLL CALL VOTE: AYES: KNIGHT, i'1ATSON, STRIGOTTE, '/ALE::ZUEU'" NOES: VERMILLION 410 Page seven City Council Minutes June 12, 1984 PUBLIC HEARINGS - Continued. 32. Zone Change 84-4 - Terry W. Shook - Proposal to Rezone 1.5 Acres from R-1 (Single-Family Residential) to M-l (Manufacturing) Zoning District - Located Southerly of Flint Street Between Mohr and Silver Street. Mayor Valenzuela announced this was the time and place for public hearing pursuant to the application of Zone Change 84-4 and asked staff to identify the project and give staff recommendations. .... Jim Corcoran reported on the background of this proposal stating that Zone Change 84-4 would have no detri'mental effect upon the surrounding land use but would provide land suitable for industrial purposes (light manufacturing) and enhance employment opportunities for the citizens of Lake Elsinore. The Planning Commission recommends approval of Zone Change 84-4 and first reading of Ordinance No. 695 enacting said zone change. The City Clerk reported no written protests or comments. Mayor Valenzuela opened the public hearing at 10:30 p.m. and the following persons spoke in favor of Zone Change 84-4: 1. Terry Shook, 32910 Lillian Road, Lake Elsinore, property owner stated this property should have been identified as 'limited industrial I when the General Plan was adopted. It was apparently an oversight when the General Plan was first drafted. Approximately one year ago, the Planning Commission and City Council indicated to him that he should pursue this rezoning. The zone change will allow construction of a $750,000 facility and provide employment for approximately fifty persons. Mayor Valenzuela asked those in opposition to Zone Change 84-4 to speak. The following persons spoke: .... 1. George Alongi, 629 Mill Street, Lake Elsinore 2. Joe Prather, 1309 W. Pottery, Lake Elsinore 3. Sally Flores, 418 North Davis, Lake Elsinore 4. Doug Roberts, 17183 Shrier, Lake Elsinore 5. Karen Willis, 800 Park Way, Lake Elsinore Mayor Valenzuela closed the public hearing at 10:43 p.m. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 695 BY TITLE ONLY. ORDINANCE NO. 695 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-l (SINGLE-FAMILY RESIDENCE) TO M-l (MANUFACTURING) ZONING DISTRICT. (ZONE CHANGE 84-4 - TERRY W. SHOOK). MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 695, BY THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALEr:ZUELA NOES: NONE 33. Zone Change 84-5 - Lakeside Estates, Ltd. - Pre-zoning for Annexation No. 35 - Ken Buchannan. .... Mayor Valenzuela announced this was the time and place for a public hearing pursuant to application for Zone Change 84-5 and asked staff to identify the project and give staff recommendations. Jim Corcoran reported that pre-annexation Zone Change 84-5 is being filed by annexation proponents to provide prezoning for an 80 acre parcel in unincor- porated County territory, ~ocat~d vlesterly of the intersection of Corydon ~oad and Union. Also included 1n th1S zone cnange are 13 acres located within the City Limits. Applicants are requesting the 13 acre parcel be rezoned 411 Page eight City Council Minutes June 12, 1984 PUBLIC HEARINGS - Continued. 33. Zone Change 84-5 - Continued. to R-l (Single-Family Residential) and the 80 acre parcel be rezoned from County R-l (Single-Family Dwelling) Zoning to City R-l (Single-Family Residen- tial) Zoning District for 75 acres and to C-l (Limited Commercial) Zoning District for 5 acres at Corydon Road and Union. Planning Commission recommends approval of Zone Change 84-5 and first reading of Ordinance No. 697 enacting said Zone Change. The City Clerk reported no written protects or comments. ~ ~ ~ ~ ~ o Mayor Valenzuela opened the public hearing at 10:56 p.m. asking those in favor of Zone Change 84-5 to speak. 1. Lloyd Zola, representing Lakeside Estates, 1055 Euclid, Ontario, stated they are in agreement with staff recommendations. Mayor Valenzuela asked those in opposition to Zone Change 84-5 to speak. Hearing none, Mayor Valenzuela closed the public hearing at 10:57 p.m. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED TO READ ORDINANCE NO. 697 BY TITLE ONLY. ORDINANCE NO. 697 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING CERTAIN ZONING STANDARDS FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE LAKESIDE ESTATES ANNEXATION AREA. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED TO APPROVE FIRST READING OF ORDINANCE NO. 697, BY THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION 34. Zone Change 84-6 - Zimmerman Consulting Engineers/Tomlinson - Pre-Zoning for Annexation No. 36 - Located Southerly of Intersection of Grand Avenue and Riverside Drive. Mayor Valenzuela announced this was the time and place for a public hearing pursuant to Zone Change 84-6 and asked staff to identify project and give staff recommendations. Jim Corcoran reported Zone Change 84-6 is a proposal for two zone changes. The first is to provide a prezoning designation for Annexation No. 36 of approximately 45 acres of R-l and C-P, and the second zone change is a portion of property known as Amfac Nurseries - approximately 50.2 acres, and proposes to redesignate 21.4 acres of R-3 to C-l and 28.8 acres of R-l to R-3. Planning Commission recommends approval of Zone Change 84-6 and first reading of Ordinance No. 698 enacting said Zone Change. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 11 :05 p.m. asking those in favor of Zone Change 84-6 to speak. 1. George Zimmerman, representing the property o\~ner, stated there are no immediate plans to develop this property. Mayor Valenzuela asked those in opposition to Zone Change 84-6 to speak. Hearing none, Mayor Valenzuela closed the publ ic hearing at 11 :08 p.m. 412 Page nine City Council Minutes June 12, 1984 PUBLIC HEARINGS - Continued. 34. Zone Change 84-6 - Continued. Lengthy Council discussion followed. MOVED BY STRIGOTTE, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO REFER ZONE CHANGE 84-6 BACK TO PLANNING COMMISSION FOR FURTHER STUDY. ... 35. Zone Change 84-7 - Art Nelson/Butterfield Surveys, Inc. - Prezoning for Annexation No. 37. Mayor Valenzuela announced this was the time and place for public hearing pursuant to Zone Change 84-7 and asked staff to identify project and give staff recommendations. Jim Corcoran reported that proposed Zone Change 84-7 is being filed to provide pre-zoning designation for a single parcel of approximately 11.8 acres. The current County zoning is C-P, new proposed City zoning is R-l. The County zoning is in conflict with Lake Elsinore1s General Plan Land Use designation of Low Density Residential and the City zoning designation of R-1 conforms to the intent of Lake Elsinore's General Plan Land Use Map. Zone Change 84-7 is being filed in conjunction with Annexation No. 37 and both proposals are related to Tentative Tract Map 20041. Planning Commission recommends approval of Zone Change 84-7 and first reading or Ordinance No. 696 enacting said Zone Change. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 11 :22 p.m. asking those in favor of Zone Change 84-7 to speak. - 1. Fred Crowe, Butterfield Surveys, 620 W. Graham, representing the applicant, stated Mr. Nelson hopes to build houses in this area. Mr. Crowe stated he would answer any questions regarding this project; Mayor Valenzuela asked those in opposition to Zone Change 84-7 to speak. The following persons spoke: 1. George Alongi, 629 Mill Street, Lake Elsinore, addressed possible sewer capacity problems. 2. Doug Roberts, 17183 Shrier Drive, Lake Elsinore expressed concern over the number of residential developments being approved. Mayor Valenzuela closed the public hearing at 11 :35 p.m. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED TO READ ORDINANCE NO. 696 BY TITLE ONLY. ORDINANCE NO. 696 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A CERTAIN ZONING STANDARD FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE NELSON ANNEXATION AREA -- ANNEXATION NO. 37. MOVED BY STROGOTTE, SECONDED BY KNIGHT AND CARRIED TO APPROVE FIRST READI~G OF ORDINANCE NO. 696. AYES: KNIGHT, MATSON, STRIGOTTE. VALEIlZUELA NOES: VERMILLION - 51. Resolution of Intent to Annex - Annexation tlo. 37 - Nelson Annexation. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AIlD CARRIED TO APPROVE RESOLUTION NO. 84-28. 41;1 Page ten City Council Minutes June 12, 1984 PUBLIC HEARINGS - Continued. 51. Resolution of Intent to Annex - Annexation No. 37 - Nelson Annexation - Continued. RESOLUTION NO. 84-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE, CERTAIN UNINHABITED TERRI- TORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 37 -- NELSON ANNEXATION." AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION I.Q JO r- -:> ~ o 36. Tentative Tract Map 20041 - Art Nelson - Subdivision of 11.8 Acres into Fifty Single-Family Residential Lots - Located Southerly of Lakeshore Drive between Machado and Terra Cotta Road. Mayor Valenzuela announced this was the time and place for a public hearing pursuant to application for Tentative Tract Map 20041 and asked staff to identify project and give staff recommendations. Jim Corcoran reported that this project will conform with the intent of the General Plan by encouraging development of new neighborhoods in an orderly and timely manner. With the approval of Tentative Tract Map 20041 and related cases (Zone Change 84-7 and Annexation No. 37), the City would derive positive benefits including eventual elimination of a pocket of unincorporated territory, expansion of City Boundaries and the attraction of permanent residents. Planning Commission recommends approval of Tentative Tract Map 20041 subject to the following twenty-five conditions as amended: 1. A finding of no significant impact upon the environment. 2. Issuance of a Negative Declaration. 3. A finding of conformity to the existing General Plan. 4. Bonding for drip or sprinkler irrigation system. All planting areas shall have permanent and automatic sprinkler systems. 5. Meet requirements of Ordinance No. 572. 6. Recordation of City Council CC & R's. 7. Agreement with the Elementary and High School Districts to off-set overcrowding. 8. Comply with all requirements of the Subdivision Map Act and City codes. 9. Construction and Sales Office Trailers utilized during the construction phase of this project shall be approved by the Planning Division. 10. Condition upon approval of Annexation by LAFCO and City of Lake Elsinore. 11. RIGHT-OF-WAY: a) Dedicate right-of-way for Orange Street to provide a 30 foot one-half street right-of-way. Provide adequate street right-of-way as deter- mined by City Engineer. Dedicate 60 feet of right-of-way for all interior streets within the subdivision. b) c) Dedicate standard corner cutbacks at curb intersections of interior streets and Orange Street, and at Orange Street and Lakeshore Drive. 414 Page eleven City Council Minutes June 12, 1984 PUBLIC HEARINGS - Continued. 36. Tentative Tract Map 20041 - Continued. 12. CURB AND GUTTER: a) Curb and gutter and 6-foot residential sidewalk adjacent to curb at 20 feet from street centerline on Orange Street. b) Curb and gutter and 6-foot residential sidewalk adjacent to curb at 20 feet from centerline on all interior streets. Construct standard driveways per City standards and specifications. 13. Construct asphalt paving to City standards and specifications from street centerline to curb line on Orange Street and all interior streets, as determined by City Engineer. 14. Provide soils and geology report including street design. Provide final soils report showing compliance with preliminary report and grade certi- fication for compliance with approved grading plan to be submitted to (,. City Engineer for approval. .... 15. FLOOD CONTROL: a) Comply with requirements of Flood Control report dated May 8, 1984. The City Engineer shall judge as to interpretation and application of flood control recommendations. b) Provide detailed hydrology and hydraulics studies and show how re- quirements of the Flood Control report can be complied with. c) Pay an off-site Drainage Impact Mitigation fee of $350.00 per lot for the Lakeshore Drive (Four Corners) storm drain extension. ... 16. SEWER: Provide City with will-serve letter guaranteeing sewer service avail- ability from Elsinore Valley Municipal Water District. 17. Provide City with will-serve letter guaranteeing water service avail- ability from Elsinore Valley Municipal Water District. 18. LIGHTING: a) Install street lights as approved by the City Engineer. b) Cooperate with the City in forming a Lighting and Landscaping District. 19. PUBLIC IMPROVEMENTS: Plans and specifications for off-site improvements to be prepared by a Civil Engineer to include street signing and striping. 20. Pay Capital Improvement fees as follows: Streets Parks Storm Drains Sewer - $ .03 per square foot of lot area. - $ .10 per square foot of building area. - $ .02 per square foot of lot area. - $420.00 per residential unit. .... 21. Pay Public Safety fees as follows: TOTAL - $250.00 $150.00 - $400.00 per residential unit. Police Fire 41~ Page twelve City Council Minutes June 12,1984 PUBLIC HEARINGS - Continued. 36. Tentative Tract Map 20041 - Continued. 22. Pay Traffic Mitigation fee of $225.00 per residential unit for the Lakeshore Drive/Machado Street intersection. 23. Comply with the requirements of the Subdivision Map Act and local Land Division Ordinances for filing of final map, bonding for subdivision and subdivision agreement for construction of this project as approved by the City Engineer. 24. Provide centerline ties for street monumentation prior to final acceptance of public improvements and release of all bonds. 25. Striping for the intersection only at Lakeshore Drive for Class II Bicycle Lane. I.Q .X) l"- -:> o ~ The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 11:42 p.m. asking those in favor of Tentative Tract Map 20041 to speak. The following persons spoke: 1. Fred Crowe, Butterfield Surveys, stated they were in agreement with the Conditions recommended by the Planning Commission. However, it is not specified as to when fees are to be paid. Mayor Valenzuela asked those in opposition to Tentative Tract Map 20041 to speak. Hearing none, Mayor Valenzuela closed the public hearing at 11:43 p.m. Mr. Strigotte expressed concern over the name 'Orange' Street being used in this area. He commented there are five 'Orange' Streets in the area which is confusing and creates problems for Sheriff and Fire units when responding to emergency calls. He suggested the designation of 'Orange' Street be changed on this tentative tract map. Mr. Trevino stated this could be handled through the Design Review Board. Staff will follow-up. Mayor Valenzuela suggested Condition No. 26 be added stating that fees be paid at building permit stage. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED TO APPROVE TENTATIVE TRACT MAP 20041, SUBJECT TO TWENTY-FIVE (25) RECOMMENDED CONDITIONS AND ADDITION OF CONDITION NO. TWENTY-SIX (26): ALL FEES BE PAID AT BUILDING PERMIT STAGE. AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION OFF-AGENDA ITEM Joe Enserro, representing the School District, requested implementation of city Ordinance No. 588 which authorizes the School District to collect fees from builders within the City of Lake Elsinore, for school impact mitigation. He explained that some time ago, the County Board of Supervisors had approved these fees for the County of Riverside. In order to implement this action within the City of Lake Elsinore, it is necessary to obtain approval of the City Council. It was determined that this would be placed on the next agenda with a resolution for City Council approval. EXECUTIVE SESSION Council convened to Executive Session at 11:46 p.m. to discuss a personnel matter. Council reconvened at 12:01 a.m. with no action being taken. 416 Page thirteen City Council Minutes June 12,1984 REPORTS AND RECOMMENDATIONS 1. Stori ng of Excess Wa ter - EVr~WD Super Well Mr. Vermillion expressed concern over the excess amount of water being pumped and stored by EVMWD, over and above the amount needed for regular use: He suggested some action be taken by the City to restrain them from doing this. Mr. Harper recommended the matter be turned over to the City Attorney for review since this could involve litigation. Mr. Nazarek could meet with the Water District Attorney and discuss their feelings regarding liability and bring information back to the next meeting in Executive Session. - 2. Addition of City Clerk's Office to Lake Elsinore Municipal Code. Since there are no existing Ordinances in the Lake Elsinore Municipal Code Book outlining the duties of the City Clerk or the City Treasurer, the City Attorney was directed to prepare ordinances for these two positions to be brought back for Council review. 3. Distribution of Mayor and Councilmen's Mail Mr. Vermillion questioned the handling of mail. When mail is addressed to the Mayor and City Council, it normally is distributed to the Mayor first, then she directs staff to copy and distribute to Councilmembers. Mayor Valenzuela stated this policy should be continued. She also requested that when individual members of the Council receive letters or reports which are of interest, these should be copied and distributed to all. Also, in the case of the Mayor's absence, the Mayor Pro Tern should act for the Mayor in handling of mail. 4. Transfer of City Water Department to Elsinore Valley Municipal Water District. - Mr. Vermillion recommended we investigate the possibility of transferring our City Water Department to Elsinore Valley Municipal Water District and the City get out of the water business. Mayor Valenzuela recommended this issue be turned over to staff for follow-up. Mr. Vermillion suggested this transfer should involve both Water Districts. Mr. Knight reported that chlorine which has been used for many years for purification of drinking water, has raised concerns regarding the possibility that it could be cancer-causing. There is a new chlorination process that is being used and Mr. Knight questioned if and when this new process could be used for water from the new well. He asked staff to follow-up. 5. Budget Study Sessions Jo Barrick reported that the budget work sheets have been prepared and requested Council schedule a study session as soon as possible. Council concurred to schedule Budget Study Session for Friday, May 22, 1984, starting at 8:00 a.m. and continuing all day. 6. Paving of Main Street Loren Culp requested a study session be set to discuss the paving of Main Street. Council concurred to discuss this project prior to budget discussion for the Engineering and Public Works Department. _ 7. County Allocation of Funds Mr. Trevino reported that County Supervisor Abraham has informed him that he has authorized allocation of S50,OOO of Community Development Block Grant Funds and $50,000 from County discretionary funds to the City of Lake Elsinore for the low-interest loan program for downtown revitalization. This will be brought back to Council as Soon as it is finalized. 417 Page fourteen City Council Minutes June 12, 1984 REPORTS AND RECOMMENDATIONS - Continued. Councilman Striqotte: 1. Requested that if the Governor signs the Fireworks Ordinance, allowing cities to legislate the use of fireworks, the City Attorney prepare an Ordinance prohibiting the sale and use of fireworks within the City limits of lake Elsinore. 2. Questioned the Vehicle Abatement contract. Mr. Trevino stated that the City advertised for bids and received no response. He will meet with Captain Thompson and re-work and re-advertise the Vehicle Abatement Program. 3. Questioned the status of the Park and Recreation Program. Mr. Trevino reported that he has been following-up and has information available. He has been attempting to schedule a meeting between himself, the Park District and the School District. Mr. Strigotte requested Mr. Trevino continue his follow-up. ..Q JO ...... -:> o ~ 4. Requested staff proceed to settle differences between the Senior Program and the Aerobics Program. He feels the aerobics classes rescheduled so as not to interfere with the Senior1s meal times. will follow-up.. Nutrit i on could be t1r. Trev i no Councilman Vermillion: 1. Questioned follow-up of the police and fire initiative which was suggested at the May 30 Study Session. He was informed that there is not sufficient time to place this on the ballot in November, but, the City Attorney is aware that we would like information necessary for placing this issue on the April ba 11 ot. REMINDER: City Attorney to bring back decision regarding Cardroom License. Councilman Matson: 1. Requested a report or a study session regarding the current balance of residential, commercial and industrial development in the City. Councilman Knight: 1. Reported on the status of the roller skating rink project. The property which was suggested for the site is owned by the State. Attempts are being made to negotiate with the State for use of the property at no cost to the City. Dis- cussion followed regarding the City taking on the liability and maintenance of this project. It was suggested that possibly it could be turned over to the Park and Recreation District to maintain and operate. Mayor Valenzuela: 1. Reported that there is an old house on Franklin which needs to be abated. Mr. Trevino suggested the City Attorney be directed to develop a procedure for abatement of buildings. Staff to follow-up. ADJOURNMENT MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 12:44 P.M. & ARTA VALENZUELA, OR CITY OF LAKE ELS ~ORE ATTEST: