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HomeMy WebLinkAbout01-11-1983 City Council Minutes 1 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 11, 1983 CITY COUNCIL CHM~BERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER - The regular meeting of the City Council was called to order at 7:40 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Mayor Unsworth. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY 00 r-.. l'- ~ C~ o Also present were: City Manager Rede, City Clerk Harrington, City Attorney Porter, Community Development Director Trevino, Finance Director Ronnow and City Engineer/ Public Works Director Rubel. PRESENTATIONS/PROCLAMATIONS Mayor Unsworth read a proclamation announcing January 21, 22 and 23, 1983, as American 5icycle Association GT Bicycle Motocross Supernational Race Days. The proclamation was presented to Dave Vic, representing the Lake Elsinore Chamber of Commerce. CONSENT CALENDAR The following item was removed from the Consent Calendar: Tentative T~act Map 17413. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Minutes: December 28, 1982 -Regular Meeting: Approved as presented. 2. Warrant List - December, 1982: Approved Warrant Numbers 17444 17594 in the amount of $334,726.23. 3. Animal Contro1_Acttvtt.YReport=::;...,p~cell1ber, -1982: Accepted as an informational item. 4. Fire Safety/Housing Monthly Report - December, 1982: Accepted as an informational item. 5. Notice of Completion - Harris Fence Company: Council accepted construction as complete and directed the City Clerk to record the Notice of Completion; authorized a payment to Harris Fence Company in the amount of $10,452.10 and authorized the release of the final 10% or $1,161.34, 35 days after the date of recordation of the Notice of Completion. 6. Tentative Tract Map 17413 - Canyon Lake Hills - Amendment to Development Agreement: Removed from the Consent Calendar for further consideration and discussion. 7. Set for Public Hearing - February 8, 1983: Approved. ,.-. A. Water Rate Revisions B. Conditional Use Permit #82-10 - Intercontinental Oil C. Conditional Use Permit #82-13 - David and Chris Blood ITEM REMOVED FROM THE CONSENT CALENDAR 6. Tentative Tract Map 17413 - Canyon Lake Hills - Amendment to Development Agreement Mr. Torn stated there was a discussion with Canyon Lake Hills that any excess fees paid on the grading ordinance would not be returned, however, would be a donation to the Redevelopment Agency. Mr. Porter stated donation should have been covered by a separate letter of agreement. This is an amendment to the underlying development agreement which is a document governing certain rights and obligations. , 2 Page two City Council Minutes January 11,1983 ITEMS REMOVED FROM THE CONSENT CALENDAR - Conti nued. 6. Tentative Tract Map 17413 - Canyon Lake Hills - Continued. Mr. Porter stated the other items have been subject to tract map approval. Mr. Rede recommended the side agreement for the excess grading fees should be completed prior to the approval of the Amendment to the Development Agreement. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE TO THE NEXT CITY COUNCIL MEETING, JANUARY 25, 1983. PUBLIC HEAR INGS ~ 31. Zone Change #82-11 - W. Yanagisawa - Wes Ca1 Nursery Mayor Unsworth announced this was the time and place for a public hearing on Zone Change #82-11, W. Yanagisawa for the rezoning of 1.25 acres from R-1 (Single-Family Residence) to R (Recreational) District at Wes Ca1 Nursery on Mission Trail, 500 feet South of Sedco Boulevard. Mr. Trevino reported the Planning Commission at its regular meeting on November 16, 1982, approved the applicants' request to rezone the property from R-1 to R (Recreation). The property is at elevation 1,265 MSL and is a portion of a larger 9.47 acre parcel. The remainder of the parcel is already zoned R. The Zone Change is being sought to provide a uniform zoning district which allows nursery operations. The Planning Commission has requested that retail nurseries be included in the Tourist Commercial Zone as recently approved in the General Plan. The Planning Commission recommends approval subject to five conditions. The City Clerk stated no correspondence had been received regarding the subject Zone Change. Mayor Unsworth opened the public hearing at 7:50 p.m. asking those in favor of the Zone Change to speak. Beverly Yanagisawa, 29126 Old Wrangler Road, Canyon Lake, stated they have purchased an existing nursery and would like to continue the operations of the business. ....., '; '.' > Mayor Unsworth as ked "'if "anyone woUld "like to speak in opposition to the zo~ change. No one asked to speak. Mayor Unsworth closed the public hearing at 7:51 p.m. Discussion was led by the Council regarding public improvements in front of the property to be put in at the time the adjacent property is improved. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE #82-11, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicant shall submit a legal description for property to be zone changed. 2. A finding of conformity to the existing General Plan. 3. A finding of no significant impact upon the environment. 4. Issuance of a Negative Declaration. - 5. Proposed Zone Change will not prohibit the locality from providing required or necessary housing within the community. 6. Applicant to enter into an agreement for the off-site improvements. , 3 Page three City Council Minutes January 11, 1983 PUBLIC HEARINGS - Continued. 32. Conditional Exception Permit #82-7 - Request to delete Zoning Ordinance requirements for Used Car Sales Lot - Barrick. - Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Howard Barrick for a Conditional Exception Permit requesting deletion of the Zoning Ordinance requirements for a Used Car Sales Lot at the Northwest Corner of the Intersection of Graham Avenue and Riley Street. Mr. Trevino reported the Planning Commission has recommended approval of the Conditional Exception Permit subject to conditions. Staff has recommended this item be continued to February 8, 1983 due to advertising problems. The City Clerk stated no correspondence has been received regarding the Conditional Exception Permit. OC; ~ ~ I-:J Q Q Mayor Unsworth opened the public hearing at 7:58 p.m. asking those in favor of the Conditional Exception Permit to speak. Mr. Barrick, 2659 Daisey Lane, Fallbrook, clarified that the Conditional Exception Permit would be continued to February 8, 1983. Mr. Charlabotte, 28505 Estrella, stated the delay in the public hearing will delay his employment with Mr. Barrick. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE THE CONDITIONAL EXCEPTION PERMIT #82-7 TO FEBRUARY 8, 1983. 33. Conditional Use Permit #82-14 - Video Arcade - Rivera Mayor Unsworth announced this was the time and place for a public hearing on Conditional Use Permit #82-14 at 31115 Riverside Drive for a Video Arcade. Mr. Trevino reported the Planning Commission reviewed the application on December 21,1982, to operate a video arcade at 31115 Riverside Drive. The property is 54 feet in width by 122+ feet in depth and is improved with a dwelling unit that has been converted to retail use. There is an unimproved driveway adjacent southerly to the structure. The rear of the structure is also unimproved. Staff is concerned about traffic and parking. From observations in other cities,a.rcades outside ofrnalls do"generatetrafffc. The proposal on Riverside Drive does not have much street frontage and what exists there is almost continually utilized by the present use in the area. Staff feels that on-site parking is imperative to the successful operation of this proposal. The Parking Ordinance would require this use to provide a minimum of five (5) improved parking spaces. The proposal has a backyard which could accommodate parking. This would keep traffic from parking in undesignated areas or in the parking lots of other establishments. The City Clerk stated no correspondence has been received regarding the Conditional Use Permit. r-- Mayor Unsworth opened the public hearing at 8:05 p.m. asking those in favor of the conditional use permit to speak. Ed Rivera, applicant, stated he does not object to the conditions of approval. Mr. Rivera stated there was one problem with the entrance way being only 9.5 feet and asked for sufficient time in order to widen the entrance way when the adjacent property is improved. Mayor Unsworth asked if anyone would like to speak in opposition to the conditional use permit. No one asked to speak. Mayor Unsworth closed the public hearing at 8:06 p.m. Mr. Torn felt the City has made mistakes in the past in not requlrlng parking to be installed prior to the business opening, and felt memberships will not mitigate any problems that may arise from the arcade business. Mr. Torn also felt the applicant should pay his fair share-of the signalization of the intersection of Lakeshore and Riverside Drive, along with the requirement of landscaping and irrigation. ", 4 Page four City Council Minutes January 14, 1983 PUBLIC HEARINGS - Continued. 33. Conditional Use Permit #82-14 - Continued. Council asked if the hours of operation would be the same as the other approved arcade businesses. Mr. Trevino assumed they would be. Mr. Trevino stated he would make sure the hours of operation would be the same as other approved arcades. Discussion was led on the request for extension of time in the parking requirements and the width of the driveway and the requirements which Caltrans will be placing... on the property in the future. Mr. Rivera stated there is an alternate driveway which can be used, howeve~ it will not be available until the tenant next door moves. Mr. Rivera requested he be allowed to open his business which has been closed and be given the time to build something more appropriate there and he would be willing to comply with the conditions staff has recommended. Mr. Porter stated the applicant needs to obtain Council approval to operate under certain conditions. The conditions can be set at Council's discretion. The Council is under no obligation to grant the request. MOVED BY VALENZUELA, SECONDED BY KNIGHT TO APPROVE CONDITIONAL USE PERMIT #82-14 WITH TEN (10) CONDITIONS OF APPROVAL: 1. PROVIDE FIVE (5) MARKED AND WELL LIT PARKING SPACES IN THE REAR. APPLICANT SHALL PRESENT AN IMPROVEMENT PLAN TO STAFF FOR APPROVAL. 2. OPERATING HOURS SHALL NOT EXCEED TWELVE A.M. (12:00 A.M.) ON FRIDAYS AND SATURDAYS OR TEN P.M. (10:00 P.M.) ON SUNDAY THROUGH THURSDAYS. 3. PROPOSAL SHALL BE SUBJECT TO A ONE (1) YEAR REVIEW. 4. ISSUANCE OF A CATEGORICAL EXEMPTION. 5. A FINDING OF CONFORMANCE TO THE GENERAL PLAN. 6. OWNER OR USER OF THE PROPERTY MUST COMPLY WITH CAPITAL IMPROVEMENTS. CAPITAL IMPROVEMENTS COMPLETED AT SUCH TIME ADJACENT PARCELS WOULD BE APPROVED, FEES TO BECOLLECTEDATJHE TIME PERMI.TS AR~.Q~TA_I~ED. "... .- ., -'.. " .C, -,-,. ~-_,..... -c- '.,.....".-":'.......i;"'.~...'T'.,.".:-,,- -," '=" ...:........,J..~.. ..'_...... .,.,..~. - 7. APPLICANT TO PROVIDE TWO (2) BICYCLE RACKS, ONE (1) FOR TWELVE (12) BIKES AND ONE (1) FOR EIGHT (8) BIKES. 8. APPLICANT TO PAY FAIR SHARE OF SIGNALIZATION FEES. 9. APPLICANT TO PAY APPLICABLE PUBLIC SAFETY FEES, WITH THE STIPULATION THAT THE HOURS WILL BE THE SAME AS OTHER APPROVED ARCADES. 10. APPLICANT TO CONSTRUCT THE CURBS AND SIDEWALKS UPON DEMAND OF THE CI]Y., ROLL CALL VOTE: AYES: .UNSWORTH NOES: KNIGHT, VALENZUELA ABSENT: MAC MURRAY ABSTENTIONS: TORN MOTION DID NOT PASS. - Mr. Rivera asked what the Council wanted in order to allow him to operate. Mr. Unsworth stated the Council if they desire wi.ll submit their comments to Mr. Trevino in Community Development. \ - 00 r-.. t-.. '-;) Q o - r- 5 Page fi ve City Council Minutes January 11, 1983 PUBLIC HEARINGS - Continued. 34. Resolution adopting Annexation No. 27 Mayor Unsworth announced this was the time and place for a public hearing regarding a Resolution Adopting Annexation No. 27, approximately 843 acres North of 1-15, East of Highway 74, bisected by Wasson Canyon. Mr. Trevino reported.the Local Agency Formation Commission (LAFCo) approved Annexation No. 27 to the City of Lake Elsinore on November 18, 1982. Butter- field Equities Corporation of Lake Elsinore is the sponsor of this uninhabited annexation of 843 acres. The City Council has previously approved a pre- annexation zone for the annexed territory. Adoption of the resolution is the final step in the annexation proceedings. After an approved certified copy of the resolution is distributed to LAFCo and the annexation proponents, the 843 acres of Annexation No. 27 will be a part of the City of Lake Elsinore. The City Clerk stated no correspondence had been received ~egarding the Annexation. Mayor Unsworth opened the public hearing at 8:40 p.m. asking those in favor of the annexation to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the proposed annexation. No one asked to speak. Mayor Unsworth closed the public hearing at 9:40 p.m. RESOLUTION NO. 83-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY KNOWN AS ANNEXATION NO. 27 TO BE ANNEXED TO THE CITY OF LAKE ELSINORE AFTER PUBLIC HEARING AND CITING REASONS AND AUTHORITY THEREFORE. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-1. 35. Resolution declaring intention to vacate a portion of Old Railroad Canyon Road Mayor Unsworth announced this was the time and place for a public hearing regarding the vacation of a portion"ofOld Railroad Canyon Road, Nortnof and adjacent to Mission Trail. Mr. Rubel reported a resolution was adopted by the City Council on December 28, 1982, setting the public hearing date as January 11,1983. Because of problems with posting the resolution in compliance with the Government Code it is necessary to continue this public hearing to the meeting of January 25, 1983. The City Clerk stated no correspondence had been received regarding the street vacation. Mayor Unsworth opened the public hearing at 8:42 p.m. asking those in favor of the street vacation to speak. No one asked to speak. Mayor Unsworth asked those in opposition to speak. William Freeman, stated he has conducted a survey which shows there are an average of 100 cars per hour which use this road on Saturday. Mr. Freeman stated he will be in with a daily report on what traffic is going through the street. Mr. Freeman stated just prior to Christmas a man set up a stand selling Christmas ornaments, a call was made to the City twice and was informed that the private property had been sold. He asked the City tell him next week whether or not the property had been sold. Mr. Freeman stated someone hooked up a device to his ice machine to count the number of cars which go through the intersection. He would like the information on how many cars are going through the intersection. Mr. Freeman suggested the City talk to the Arco Station and asked if we are going to block him out of business. Mayor Unsworth closed the public hearing at 8:47 p.m. MOVED BY TORN, SECONDED BY VALENZUELA ,AND CARRIED UNANIMOUSLY TO CONTINUE TO JANUARY 25, 1983, AND FOR A BRIEF DISPOSITION OF THE REST OF THE RIGHT-OF-WAY. ", 6 Page six City Council Minutes January 11,1983 PUBLIC HEARINGS 35. Resolution declaring intention to vacate a portion of Old Railroad Canyon Road - Cont'd. RESOLUTION NO. 83-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DECLARING ITS INTENTION TO VACATE A PORTION OF OLD RAILROAD CANYON ROAD, FIXING A TIME AND PLACE OF HEARING TO ALL PERSONS INTERESTED OR OBJECTING TO THE PROPOSED VACATION, PRO- VIDING FOR PUBLISHING AND POSTING PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-2. COUNCIL CONCURRED TO TAKE A BREAK AT 8:50 P.M. COUNCIL RECONVENED AT 9:00 P.M. BUSINESS ITEMS - 51. Grading Plan - Jim Magill - property located at Iowa and Lakeshore Mr. Rubel reported the site is zoned Commercial (C-l) and the Zoning Code would allow residences to be constructed on this lot. The proposed grading plan proposed placing 2,508 cubic yards of fill on the lot and raising the finished surface approximately 4 feet, to an average elevation of 1269 to 1270. Approximately 75% of the site is presently within the 100 year flood plain or below elevation 1265. The site is within the area regulated by Ordinance 711 and 603. Due to the restrictive provisions in the Local Flood Plain Management Ordinance No. 603 and 711 and the established City Council policy of prohibiting fill below elevation 1265, it is recommended that the permit be denied. - Jim Magill stated he has had property engineered and as far as the Federal Insurance Rate Maps are concerned it will not raise the elevation of the contiguous property any where near 1 foot and asked the Council to reconsider thi s request. Mr. Torn stated that knowing the lake will flood again and 'that there ~r~ a number of lots which could be filled to 1270, felt before the Council approves fill on any lots, the City should have some idea of potential impact on all of the lots. Ms. Valenzuela stated she has been to the site and recognizes that there is ponding of water on some of the lots, the dike does provide some protection for approximately 20 owners behind the lot, and that somewhere along the lake the City needs to start to do something to get it ready for commercial use, which was just approved in the General Plan. Mr. Unsworth stated there is an old land fill dike and we have a new Corps of Engineer Dike and the property in question is a portion of the area in-between and does not see why the entire area can not be filled in. Mr. Crowe stated if the Council confines the fill to small areas the accumulative affect would not raise the water level one foot. However, if an area such as the airport were to be filled to 1270 you would affect the water level, using the contour maps. Mr. Unsworth asked Mr. Magill if he would be willing to sign an agreement that the property would only be used for commercial purposes. Mr. Magill stated he would. - Mr. Torn asked Mr. Porter if there was a way of removing the liability of the City's issuing a fill permit through a document Mr. Magill may sign. Mr. Magill could release the city from any damages he may incur, that is not the exposure, the exposure is that theoretically the placement of fill on the flood plain increases other property owners exposure to flood. That risk is so tremenduous that he would insist on some type of a bond or .insurance agreement. , 7 Page seven City Council Minutes January 11,1983 BUSINESS ITEMS - Continued. - 51. Grading Plan - Jim Magill - property located at Iowa and Lakeshore - Continued. Mr. Porter felt that in order for the City to maintain its flood insurance the City can not allow more fill then would raise the level of the lake one foot. At the present time, that amount has not been determined. Mr. Magill stated with the cleaning of the flood control channel, there are provisions to bring the pumps back if the city is in the position that it starts to flood again to get the water out. With this in mind, the level of the lake should never reach what it did before. Mr. Magill felt the property owners do have the right to development their property. Mr. Unsworth reported that the State Water Resources stated they would bring in the pumps at 1253, the pumps would be started at 1255, as long as the city has the finances to pay for it and the water would flow out on its own when the level reached 1260. 00 ~ l'- I":) o o Ms. Valenzuela asked Mr. Magill if he would considered the maintenance of the dike as a condition of approval. Mr. Magill stated he would consider the condition. Mr. Porter requested the Council adjourn into Closed Session prior to any motions being made. COUNCIL ADJOURNED INTO CLOSED SESSION AT 9:26 P.M. FOR POTENTIAL LITIGATION. COUNCIL RECONVENED AT 10:12 P.M. Mr. Unsworth stated because the City has not received a report from the Corps of Engineers, the Council would like to continue this matter. - Mr. Magill stated he would be agreeable to that as longs as he had the right to bring it back before the Council any time in the future. possibly in three months. . Mr. Rede recommended Mr. Magill stay in contact with Mr. Trevino, Community Development Director, as to the status of the report from the Corps of Engineers. 52. Agreement between City and YMCA Mr. Rede reported there was a study session held on January 10, 1983, between the City of Lake Elsinore, Park-and Recreation Districtandtne Y;~M-.~.A,., Staff has sufficient information upon which to draft an agreement. Mr. Rede stated the agreement will be ready for Council ratification within two to four weeks. Council concurred to have this item continued to the next meeting. 53. . Refuse Disposal Franchise - Annual Review Mr. Rede reported on January 11,1982, Rodriguez Disposal Company assumed responsibility for refuse disposal services for the entire City under a franchise agreement. Previously, the City of Lake Elsinore provided refuse disposal services for the downtown area and Rodriguez Disposal the remain of the City. Under the franchi se agreement, the City expects to receive $46,000 (net) for fiscal year 82-83. Savings to the City over the period 1982-84 were projected at $175,000. The contract extends for five years. - Mr. Rede reported part of the terms of the agreement were when Rodriguez Disposal Company assumed the City's service area, it continued the twice per week service level the City had provided and at the same monthly rate as the remainder of the City receiving once per week service. The City and Rodriguez Disposal informally agreed that this situation would be adjusted after a short period to achieve consistency throughout the City. After one year, it is now appropriate to make this change. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE SERVICE LEVEL ADJUSTMENTS REDUCING DOWNTOWN RESIDENTIAL REFUSE DISPOSAL SERVICES TO ONCE PER WEEK; APPROVE ADVANCEMENT OF BILLING CYCLE FOR REFUSE DISPOSAL SERVICES BY ONE (1) MONTH: ADOPT RESOLUTION NO. 83-3, REPEALING RESOLUTION 82-6 PERTAINING TO REFUSE COLLECTION RATES: AND DESIGNATE THE FIRST TWO (2) WEEKS OF MAY FOR SPRING CLEAN UP. \ 8 Page eight City Council Minutes January 11, 1983 BUSINESS ITEMS - Continued. 53. Refuse Disposal Franchise - Annual Review - Continued. RESOLUTION NO. 83-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REVISING REFUSE COLLECTION RATES AND REPEALING RESOLUTION NO. 81-91 AND RESOLUTION NO. 82-6. MOVED BY TORN, SECONDED BY VALENZUELA TO READ THE TITLE ONLY OF ORDINANCE NO. 666. - The City Clerk read the title of Ordinance No. 666 ORDINANCE NO. 666 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 8.16.095 TO THE LAKE ELSINORE MUNICIPAL CODE, PERTAINING TO OWNER-TENANT AGREEMENTS FOR REFUSE DISPOSAL SERVICES. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 666. AYES: KNIGHT, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: MAC MURRAY Mr. Torn stated there is only one provlslon for the Spring Clean up, which is the provision of the large dumpsters in different parts of the City. Is the City going to have a major role in the Spring Clean-Up? Mr. Rede stated there would be notices, publications and possibly advertising on Chanl')el 3 - Mr. Unsworth stated that every year through the Fire Department, there is an annual Fix-Up/Clean-Up Campaign. Mr. Unsworth suggested this be done in conjunction with the Fire Department and recommended staff to contact the Fire Department regarding information on the program. MOVED .BY TORN ;-SECONDEf}~BY KNIGHT ANO' CARRIED THAT A SPRING ClEAN...YP;lFLX-UP CAMPAIGN BE MOUNTED AND THAT ARTA VALENZUELA BE NAMED AS CHAIRPERSON FOR THE COMM ITTEE. 54. Resolution establishing Public Safety Mitigation Fees Mr. Porter reported the City has been studying for some time different ways in which to raise funds to provide for police and fire services under a term the City has adopted as a Public Safety Fee. One approach to establishing this fee was a Special Tax or a Standby Charge to raise across the board funds~for police and fire services. Another way of setting this fee was under the California Environmental Quality Act. This would provide the City, when .passing projects that require discretionary approval, identify adverse impacts on the environment and attempt to mitigate those adverse impacts. Staff has reviewed what some other cities have done and reviewed the basic figures involved in building a typical home in Lake Elsinore and it is the recommendation of staff that the Council adopt a resolution which would establish various fees for police and fire service impact mitigation. Staff has attempted to develop a logical approach in the establishment of the fee schedule. For the most part, these fees will be attached to Tract Maps and Conditional Use Permits. Discussion was held on the funds to be collected for police and fire mitigation to be kept separate from funds collected and placed in the General Fund. Mr. Porter recommended tbe following language be added to the resolution: Pol ice Impact Fees and Fire Protection and Suppression Fees shall be kept in segregated accounts and be used only for the purposes for which they were call ected. - \ 9 Page nine City Council Minutes January 11, 1983 BUSINESS ITEMS - Continued. 54. Resolution establishing Public Safety Migigation Fees - Continued. Mr. Torn asked if the resolution has the discretion to accept property, for example for a fire station site, in lieu of fees. ~ Mr. Porter stated Council does have the discretion to accept land in lieu of fees. 00 ~ ~ I""':) o o MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-4, WITH THE CHANGE IN WORDING BY THE CITY ATTORNEY FOR THE SEPARATION OF FUNDS. RESOLUTION NO. 83-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING PUBLIC SAFETY MITIGATION FEES FOR PROJECTS SUBJECT TO DISCRETIONARY APPROVAL. ' 55. Ordinance No. 665 - Second Reading (Industrial Development Authority) MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 665 BY TITLE ONLY. The City Clerk read the title of Ordinance No. 665. - I ORDINANCE NO. 665 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THE NEED FOR AN INDUSTRIAL DEVELOPMENT AUTHORITY TO FUNCTION IN SAID CITY, AND DECLARING THE CITY COUNCIL OF SAID CITY TO ACT AS THE BOARD OF DIRECTORS OF THE AUTHORITY. ' MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 665. AYES: KNIGHT, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: MAC MURRAY OFF-AGENDA ITEMS ,..,......... - ~ .-.:_,..~~ -- "..,..,...'t"!,;-r~-.-~ .-.:'_"'...,....,,,~_.. ::-,. -- 56. Resolution regarding Mortgage Bond Allocation Committee Mr. Rede reported the City had applied to the State Mortgage Bond Allocation Committee for an allocation to provide lower interest mortgage rates to potential home buyers in the City of Lake Elsinore. The City has received a summary of allocations issued by the State The City of Lake Elsinore is number 64 out of 78 allocations issued,and has received an allocation up to $20 million bond issue for the purpose of lowering mortgage rates for development in the City. The resolution restates the Council's desire to follow through with the Mortgage Bond Issue. There are currently two developers which have indicated an interest in utilizing all or a portion of the bond allocation. Mr. Rede stated there is the potential for using the entire $20 million bond allocation within the next 34 months. Mr. Rede stated the reason this item is coming off-agenda is that a deposit must be posted by the developers in the amount of one-half of one per cent of the fund proceeds they will be applying for. The deposit must be posted by January 21, 1983. Mr. Rede stated these bonds will be supported solely by the mortgage payments that will be made by purchasers of new homes in the future and will not involve the credit of the city, will not involve any additional taxes, and will not be'an obligation of the City or the Redevelopment Agency. \ 10 PCige ten City Council Minutes January 11, 1983 OFF-AGENDA ITEMS - Continued. 56. Resolution regarding Mortgage Bond Allocation Committee - Continued. RESOLUTION NO. 83-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AUTHORIZING AND DIRECTING THE CITY MANAGER TO TRANSMIT A SUBMISSION INFORMATION FORM TO THE MORTGAGE BOND ALLOCATION COMMITTEE. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-5. - 57. Urban Development Action Grant Mr. Rede reported the Urban Development Action Grant (UDAG) is a program of the U.S. Department of Housing and Urban Development. This is a program where funds are made available through the City, which the City in turn loans out proceeds to private developments, individuals, companies or corporations for a wide range of economic development projects. These projects could be public improvements, commercial, industrial and residential. The City of Lake Elsinore has been named as one of three cities in Riverside County that would be eligible under the Small Cities Program. Mr. Rede stated there is formally no cost to the City except when the City makes an application for a program they would sponsor. There are three cycles in which the loans are made. The deadline for the first cycle would be February 28th. Citizens who would like additional information may contact Mr~ Steel or Mr. Rede for more information. PUBLIC COMMENTS Mr. Manfredi, 31404 Riverside Drive, representing Missing Link II, spoke regarding the Urban Development Action Grant. Mr. Manfredi requested the City staff assist him in the application for the UDAG Program. Mr. Manfredi is interested in building a discount store. ...." Council concurred to direct staff to work with Mr. Manfredi on the applicantion for the UDAG Program within reason through the City Manager's Office. Everette Wood, 29421 Third Street, spoke regarding the recent City Council Study Session with the Park and Recreation District and the YJ4.C.A. Mr. WoodHsuggested the 'C"Ity Council review the lease between the City and the Park and Recreation District regarding use of the office space and the scheduling of the facility. Mr. Wood felt the City should have contacted the Park and Recreation District prior to discussing a new contract with the Y.M.C.A. . Fred Crowe, Butterfield Surveys, requested additional information regarding the Mortgage Bond Resolution. Mr. Rede explained the nature of the resolution and the deadlines for applying and posting deposits for funds. REPORTS AND RECOMMENDATIONS Mr. Porter stated he had visited Councilman MacMurray and stated Mr. MacMurray was in good spirits and promised to be in attendance at the next regular City Council meeting. Mr. Rubel reported it has come to his attention that the backstops at Swick Park may need to be larger and wider for the Senior Fields. Mr. Rubel stated if council is receptive to him looking into the matter and if indeed the backstops need to be adjusted he will prepare a report to the City Council with a Change Order. Council _ concurred. Ms. Valenzuela reported that Councilmember Knight, Mr. Trevino and herself have been working on the Lake Community Center Addition and have met with the Council on Aging and are very close to submitting a contract, which is being reviewed by the Attorney. Ms. Valenzuela hopes the building will be 'completed by March 15th with the total cost not to exceed $80,000. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT AS SOON AS IT IS RECEIVED FROM THE CITY ATTORNEY. , 11 ,Page eleven City Council Minutes January 11, 1983 REPORTS AND RECOMMENDATIONS - Continued. - Mr. Torn reported the Fire Department has assumed that the trees in the city's right- of-way belong to them and have the right to cut them down, and is not sure if they obtained authorization from the City. The trees were healthly and were not affecting the sidewalks, streets or anything else. Mr. Rede stated the Fire Department did not have permission from the City. Mr. Torn asked for Council concurrence to have the matter followed-up and whoever was responsible at the fire department should be reprimanded by their supervisor. Council concurred. Mr. Torn asked when the new General Plan would be ready for distribution. Mr. Trevino stated it should be ready within six weeks. Mr. Torn stated he would like to see a lake Elsinore Elected Officials Conference held on a regular basis between the boards of the Valley, in order to develop better relations. The City could assume the lead role and come up with a speaker and hold the first meeting. Mr. Torn stated in the past the City and the other boards 00 have been traveling to Sacramento to obtain the same information. If there were better ~ relations, it could reduce expenses to the different agencies. ~ ,"':) Mr. Burnell stated when the utHity poles where replaced because of the recent storm, ~ the lights were not replaced at key intersections such as Corydon and Malaga. Staff o will look into the matter. Ms. Valenzuela asked the City Manager to insure the Council receives copies of the minutes of Task Force meetings. Mr. Torn asked that City staff provide the Councilmembers with copies of items which are presented to the business associations prior to them being made public. This will insure that the Council is aware of what is being presented to the public and if any questions should arise they are aware of the material being passed out. - .council concurred. Mr. Unsworth asked staff to repair the right turn lane going south on Riverside Drive off lakeshore where the storm drain was put in. It is the area in front of the Texaco Station. Mr. Unsworth stated there are damaged trees on lakeshore between Wise and Gunnerson that need to be cut, trimmed or removed. Mr. Unsworth asked what was done with the fence materials of the oldcity~yard fence. Mr. Rubel stated as a part of the contract for the new fencing, the materials were salavaged. Discussion ensued regarding securing the entrance to the lake Point property. Mr. Rede will be investigating the matter and making a recommendation to the City Council in the near future. A study session was set for January 31, 1983 at 7:00 p.m. to discuss the Mid-Year Budget Review. Discussion ensued regarding a dog problem of Tex Newman. Mr. Porter stated he has been contacted by the Animal Control Officer and he will be reviewing the matter and making a recommendation. City Council adjourned to the Redevelopment Agency Meeting at 11:35 p.m. City Council reconvened at 11:37 p.m. City Council adjourned to Closed Session to discuss personnel matters at 11:37 p.m. City Council reconvened at 1:07 a.m. with no action taken. ,.... ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 1:07 A.M. ~~""":~'~;"'-~;''''''-'''''''''''