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HomeMy WebLinkAbout03-22-1983 City Council Minutes ()5 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting of the City Council was called to order by Mayor Unsworth at 7:38 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Mayor Unsworth. ROLL CALL 00 f'oe f'oe '-;:) Cl o The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: Interim City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer Rubel, Finance Director Ronnow and Senior Administrative Assistant Steel. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: Mayor Unsworth asked item #1 be removed and Councilmember Torn asked items 3 and 4 be removed. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSE~T CALENDAR. AS PRESENTED. 1. Minutes - March 8, 1983: Removed from the Consent Calendar. 2. Lake Elsinore Lioness Club request for Waiver of Fees for Community Center: Approved use of the Community Center on April 16, 1983, from 6:00 p.m. to 9:00 p.m. in order to put on a drug awareness program for the community. .3. Expansion of the Branch Library on Graham Avenue: Removed from the Consent Calendar. 4. Final Map for Amended Tract No. 14706: Removed from the Consent Calendar. 5. Final Map for Tract No. 15382: Approved Final Map No. 15382; Accepted the streets and easements which are shown on the map and offered for dedication; directed City Clerk to arrange for recordation of the Final Map; accepted Faithful Performance Bond and Labor and Material Bond in the total of $240,000 respectfully and authorized the mayor to sign the subdivision agree- ment on behalf of the City. 6. Conditional Use Permit 82-1 - Review:- Informational: . On March 10, 1983, a field inspection was made by staff regarding the status of Conditional Use Permit 82-1. It appears the IIsmall boat rentalll is no longer in business at this address. - 7. Building Department Activity Report for February, 1983: Accepted as an infor- mational item. 8. Claim #83-1 - Gregg and Sandi Ross: Claim was rejected and referred to the City Attorney. 9. Claim #83-2 - Harvey G. Asbury: Claim was rejected and referred to the City Attorney. 10. Set for Public Hearing for April 12, 1983: A. Conditional Exception Permit #83-2 -Approved. B. Tentative Parcel Map #17616 - Approved. 66 Page two . City'Council Minutes March 22, 1983 CONSENT CALENDAR - Continued. Items removed from the Consent Calendar for further consideration and discussion. 1. Minutes - March 8, 1983, Regular Meeting: Mayor Unsworth asked two corrections be made to the minutes. 1) Page 6, add Unsworth voting aye to Ordinance 668 and 2) Deleting Unsworth as second to motion to adjourn on page 12. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE MINUTES OF MARCH 8, 1983, AS CORRECTED. - 3. Expansion of the Branch Library on Graham Avenue: Mr. Torn felt because of the on-going needs of the Library, a study session should be held by the entire Council prior to the sub-committee meeting to discuss the Library goals in the community. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO HAVE A STUDY SESSION PRIOR TO THE SUB-COMMITTEE MEETING TO DISCUSS THE GOALS OF THE LIBRARY. 4. Final Map for Amended Tract No. 14706. Mr. Torn stated he would like to go on record as abstaining on this item because he was involved in the tentative stage of the map. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO APPROVE THE FINAL MAP FOR TRACT NO. 14706. AYES: NOES: ABSENT: ABSTENTIONS: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH NONE NONE TORN PUBLIC HEARINGS 31. Conditi~nal Use Permit #83-3: Bob Steele proposal to establish a Vehicle Storage Yard in the C-l (Limited Commercial) Zoning Dis~rict located on Main Street between Flint and Pottery. ..... Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of BobSteele to establish a vehicle storage yard. Mr. Trevino reported the Planning Commission reviewed the proposal on February 15, 1983 and recommended approval subject to conditions.. The applicant proposes to weave redwood lathe into the fence and provide landscaping to mitigate the visual impacts associated with the use. The Planning Commission felt that a detailed mitigation plan should be submitted to the Design Review Board for consideration. The Commission also felt that the permit should allow impounded vehicle storage only. The City Clerk stated no correspondence had been received regarding the Conditional Use Permit application. Mayor Unsworth opened the public hearing at 7:47 p.m. asking those in favor of the Conditional Use Permit to speak. Robert Steele, 409 Scrivener Street, offered to answer any questions for the Council regarding his application. Jerry Stewart, 109 Flint Street, stated he has seen the operation and feels that there are no existing operations in the area as nice as the .... one Mr. Steele is proposing. Mr. Stewart asked the Council to look in favor of the request. Tim Hodges, stated he is not involved with the vehicle storage on the lot, only with the Used Car Lot. Rosa Apalla, Rosa Delmonte, Murrietta, stated he is pleased with the use of the property and the way Mr. Steele does business. Mayor Unsworth asked if anyone would like to speak in opposition to the Conditional Use Permit. No one asked tospeak. Mayornn~nsworth closed the public hearing at 7:50 p.m. . , Page three City Council Minuteo March 22, 1983 61:< PUBLIC HEARINGS - Continued. 31. Conditional Use Permit #83-3 - Continued. Mr. Torn asked how many vehicles are anticipated to be on the lot at one time. Mr. Steele felt there may be up to 15 vehicles at one time. Mr. Torn was concerned regarding tirucks being parked on the road. Mr. Steele stated he plans to keep the trucks (3) off the street. Mr. Steele stated the only vehicles that will be impounded will be by the Sheriff and Highway-Patrol, mainly due to accidents. Mr. Torn asked how much of the lot would be paved. Mr. Steele stated only the front will be paved because that was what he was told he had to do by staff, and he has done some landscaping. Mr. Torn felt in general, this project would not be i'n the best interest of the Redevelopment Agency, however as a short term use until a better use of the property can be developed it would be acceptable. 00 l"- ~ '-;) Q Q MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO APPROVE THE CONDITIONAL USE PERMIT #83-3, SUBJECT TO THE PLANNING COMMISSION CONDITIONS OF APPROVAL WITH THE ADDITIONAL CONDITIONS THAT THERE BE A LIMIT OF FIFTEEN (15) VEHICLES TO BE STORED AT ONE TIME,JHAT NO MORE THAN THREE (3) TRUCKS BE ON THE LOT AT ONE TIME, THAT IF AT ANY TIME THERE ARE VEHICLES EXCEEDING THE ALLOWED NUMBER, THE CONDITIONAL USE PERMIT BECOMES VOID AND IF THE LOT NOT BEING PAVED BECOMES A PROBLEM, IT BE PAVED AND NO STORAGE ABOVE THE HEIGHT OF THE FENCE. Councilmember Knight voted no. PLANNING COMMISSION CONDITIONS: 1. APPLICATION SUBJECT TO YEARLY REVIEW. 2. APPROVAL IS GIVEN TO THE APPLICANT ONLY. 3. APPLICANT TO SUBMIT TO THE DESIGN REVIEW BOARD A PLOT PLAN SHOWING LANDSCAPING, DETAILED OUTLINE OF PARKING STALL FOR TOWING VEHICLE AND LIGHTING OF SALE AREA. 4. DISMANTLING IS NOT AL10W~D. ! 5. A FINDING OF CONFORMANCE TO THE GENERAL PLAN. 6. ISSUANCE OF A CATEGORICAL EXEMPTION. 32. Weed Abatement Mayor Unsworth announced this was the time and place for a public hearing regarding the Weed Abatement Program for the City of Lake Elsinore. Mr. Rubel reported at the regular City Council meeting of February 22, 1983, Resolution 83-14 was adopted declaring weeds on lOts listed in the exhibit to the resolution a nuisance. It is proposed to begin the Weed Abatement Program by discing on March 23, 1983. Staff intends to hire Alan Huffman to disc at the rate of $35.00 per hour. The City Clerk reported no correspondence had been received on the Weed Abatement Program. Mayor Unsworth opened the public hearing at 7:57 p.m. asking those in favor of the Weed Abatement Program to speak. No one asked to speak. Mayor Unsworth asked those in opposition to the Weed Abatement Program to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 7:58 p.m. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO ORDER THE DIRECTOR OF PUBLIC WORKS TO ABATE THE NUJSANCE BY HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED PURSUANT TO RESOLUTION 83-14. Mr. Torn asked if additional contractors are needed in addition to Huffman, can the City bring in someone else. Mr. Rubel stated the City could bring in additional help if needed. 68 Page four City Council Minutes March 22, 1983 Mr. Unsworth announced the City has tried to institute a Neighborhood Watch Program with volunteers patrolling the community in the dark hours. The City has purchased two vehicles for this purpose. The Sheriff's Department and the City are asking people to make application to participate in the program before the Friday deadline. Applications may be picked up at City Hall, the Sheriff's Department, or the Fire Station on Graham Avenue. Mr. Unsworth reported at 9:30 a.m., March 23, 1983, there will be a meeting of the Planning Commission in the County of Riverside Offices, 14th Floor, for a final public hearing for the new location of the landfill site. The main issue will be whether the new site will be in Corona or Lake Elsinore. The Planning Commission will then make a recommendation to the Board of Supervisors. .... BUSINESS ITEMS 51. Tentative Tract Map No. 14558 - Request for Extension of Time Mr. Porter stated this is Mr. Washington's Map located at Grand and the Ortega Highway. When the map received its initial approval, it was given eighteen (18) months. After the 18 months had expired and they were on their first year extension, state law changed which allowed Cities to increase the periods of time for tract maps to be under consideration. City ordinance was changed to allow an initial 24 months with extension not to exceed 24 months. Since that time, very recently, state law changed to allow 36 month extensions. The City Council has not taken action to amend its ordinance to allow the maximum extension. Mr. Porter reported it is not legally possible to adopt the necessary ordinance in time to allow an additional extension on this map. Mr. Tackaberry, representing Southwest Engineering, stated a lot of work has been done on the project and map but it has not been submitted to the City. Mr. Tackaberry stated there has not been any interest in anyone to buy the property and develop it. The delay in developing the property is due to economic reasons and he felt the Subdivision Act provides for this. The County has dealt with this and amended the ordinances to do this. Mr. Tackaberry believes there are other agencies that will grant extensions after the map expires. Mr. Porter stated if the Council wishes to grant the extension, he would like a disclaimer on the map prior to recordation noting the problem. Mr. Tackaberry stated the law requires applications for extensions be submitted 30 days prior to expiration and asked the Council not take action until Mr. Porter can look into the matter further to see how other cities and the County handle such matters. --- MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ACCEPT THE REQUEST PRIOR TO THE DEADLINE AND CONTINUE UNTIL THE COUNCIL HEARS FROM THE CITY ATTORNEY. 52. Request for Temporary Approval of Ultralight Operations at 32081 Corydon Road (Barnes) Mr. Trevino reported the applicant is William Barnes. Staff recommends denial of the request. Mr. Trevino gave background information on the Ultralight operations, stating, in late 1981, the applicants obtained a business license under the name of Perris Valley Quicksilver for sales and service at 16876 Lakeshore Drive. Shortly thereafter, they requested permission to relocate to 32081 Corydon Road, expanding the operations to include on-site storage, rentals and take-off and landings. The applicants were told a Conditional Use Permit would be required. An application was never submitted. In October, 1982, Mr. & Mrs. Johnson submitted a conditional use permit to locate a caretaker's residence at 32081 Corydon Road. The Planning Commission on Nov- --- ember 2, 1982, denied the request and the applicants withdrew their application before the item was heard by the City Council. In December, 1982, the owners of Valley Ultralights were again made aware of the fact that a conditional use permit would be required. The owners of Valley Ultralights, Inc., are re- questing temporary approval of their business operations, yet a conditional use permit application has not been submitted. Staff feels that since the business has been operating for over a year illegally, consideration for con- tinued unlicensed operations is not warranted. Mr. Trevino stated Mrs. Barnes has been notified on numerous occasions that a conditional use permit is required, a letter was sent to this effect and they have not come in to City Hall to apply. 69 Page five City Council Minutes March 22, 1983 BUSINESS ITEMS - Continued 52. Request for Temporary Approval of Ultralight Operations - Continued. Scott Russell Barnett, representing Mr. and Mrs. Barnes of Valley Ultralight, stated he was just given some information and would request this item be deferred to the foot of the business items in order that he could review the information. Council concurred. 53. Request for Temporary Approval of Elsinore Ultralight Flight Park at the West End of Campbell Street (Snyder) rX) ~ l:'- "'":) Q o Mr. Trevino stated staff recommends approval subject to conditions. Mr. Snyder's Elsinore Ultralight Flight Park, located on the lake bottom at Lucerne Street, previously has received approval for two conditional use permits. The rising lake inundated the property and Mr. Snyder has found a new location at the west end of Campbell Street to locate his park. Mr. Snyder is requesting temporary use until a conditional use permit application can be submitted and approved. He is also requesting waiver of processing fees. Mr. Trevino stated staff feels justified in recommending approval for Mr. Snyder's request due to his demonstrated cooperation. Also, his most recent CUP was just approved by the City Council on February 8, 1983. Conditional Use Permits, however, are used to evaluate a proposal at a given location and substantial staff time is required to process. Staff has therefore recommended that the applicant pay one-half of the required fees to process his application and that he meet their other conditions recommended in the staff report. Mr. Snyder stated it has been his and his associates attempt for some time to bring some type of control to the ultralight activity by the need for the people in Southern California to come and fly. Mr. Snyder would like permission to relocate his business until such time as an application for a new condi- tional use permit can be submitted and approved. Mr. Torn stated that as the lake rises, there will be less area for the ultra- light flyers to fly over because they do not like to fly over the lake and expressed concern that the flyers will be going over residential areas. Mr. Snyder stated as the land diminishes, there will be less flyers and tighter controls would have to be instituted, possibly an access avenue would be made possible and the flyers would have to exit the area and fly outside the City. At this location on Campbell, Mr. Snyder feels he will have more control over the uncontrolled flyers because he will have almost 800 acres to police. Mr. Snyder stated his temporary use will be where they set up their office to operate out of. In the new conditional use permit he will be asking for the same benefits, such as landings, take-offs, incidental camping, sales and service. He will not be adding to the presently issued conditional use permit. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FOR TEMPORARY OegRAtION~0F-=:EESnmRE"U[TRAUGRlT~/=:ltGHT PARK.'.AT THE WEST END OF CAMPBELL STREET SUBJECT TO THE FOLLOWING CONDITIONS: 1. INSPECTION OF FACILITIES BY CODE ENFORCEMENT, BUILDING INSPECTOR AND CITY ENGINEER TO ASCERTAIN SAFETY, NOISE AND ANY OTHER ITEMS CONSIDERED APPRO- PRIATE BY THE CITY COUNCIL PRIOR TO TEMPORARY OPERATIONS. 2. APPLICANT SHALL SUBMIT FULL CONDITIONAL USE PERMIT APPLICATION, INCLUDING PLOT PLAN, WITHIN FIVE (5) DAYS OF CITY COUNCIL APPROVAL. 3. APPLICANT SHALL PAY ONE-HALF COST OF FEES FOR PROCESSING CONDITIONAL USE PERMIT APPLICATION AND ENVIRONMENTAL ASSESSMENT. 4. APPLICANT SHALL CONFORM TO THE GENERAL FLIGHT RULES ESTABLISHED BY CON- DITIONAL USE PERMIT 81-17 AND CONDITIONAL USE PERMIT 82-11. 5. TEMPORARY PERMISSION TO OPERATE SHALL TERMINATE WITH THE FOLLOWING: A. PLANNING COMMISSION RECOMMENDATION OF DENIAL OR DENIAL WITHOUT PREJUDICE. B. CITY COUNCIL APPROVAL OR DENIAL. 70 -- Page six .City Council Minutes March 22, 1983 BUSINESS ITEMS - Continued. 54. Single Family Residence, Adam Natalie - 16866 Holborrow Mr. Porter stated Mr. Natalie indicated he had some plans that had been approved showing windows instead of the garage door and they had agreed Mr. Natalie would discuss it with Mr. Trevino. Mr. Natalie presented plans to the Council which he stated were approved by the Planning Commission showing the garage being replaced by a window and the car port attached to the building and signed off on January 20, 1982. Mr. Unsworth asked Mr. Natal ie where the original plans were that showed the garage door. Mr. Natalie stated these were the original plans. Mr. Unsworth asked Mr. Porter if the Planning Commission has the authority to go against city ordinance without something coming to the Council. Mr. Porter stated the Planning Commission does not have the authority, they make recommendations to the City Council. Mr. Natalie stated the house was started in November, 1981, on December 30, 1981, a stop order was issued and he was told he would have to obtain a variance or modification to delete the garage. He asked for the modification and it was approved by the Planning Commission 5-0 and on January 20, 1982, the plans were signed off. On January 22, 1982, Mr. Fink, Building Inspector, called Mr. Morrissey regarding the deletion of the garage door and was told by Mr. Morrisey that the garage door was not needed and could be ommitted. Mr. Natalie stated it is a two story building with a full basement,period. Mr. Natalie stated he completed the building based on the decision of the Planning Commission that a garage would not be needed. The building requirements are different for a garage then they are for a basement. The building was completed based on the basement being approved. Mr. Natalie stated the Planning Commission clarified their action by requiring the applicant record a C, C & R against the property providing the garage be maintained as a garage. Mr. Natalie stated he asked for further clarification and the Commission stated, you can not make living quarters.out~of it. - - COUNCIL ADJOURNED TO CLOSED SESSION BECAUSE OF LITIGATION AT 8:53 P.M. COUNCIL RECONVENED AT 9:10 P.M. WITH MR. UNSWORTH STATING THE COUNCIL CAN NOT DISCUSS THE ITEM FURTHER BECAUSE OF POSSIBLE LITIGATION. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONCUR WITH THE PLANNING COMMISSION DECISION OF DECEMBER 21,1982. COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY MEETING AT 9:12 P.M. COUNCIL RECONVENED AT 10:00 P.M. ~. 55. Review of Conditional Use Permit 81-22: Nightingale/Guss, Bi-Wise Mobile Home Sales Lot: 31712 Mission Trail Mr. Trevino recommended approval of time extension for Conditional Use Permit 81-22 for one (1) year until February 9, 1984. The Planning Commission approved the project on January 5, 1982 subject to ten (10) conditions. Upon site inspection by staff, the applicant has met all ten (10) conditions at this time. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE TH1E EXTENSION FOR CONDITIONAL USE PERMIT 81-22 FOR A ONE YEAR PERIOD. 56. Resolution establishing fees for installation of Traffic Signals at Mission Trail and Railroad Canyon Road. - Mr. Rubel reported Commercial Project 82-4 for McDonald's Fast Food Restaurant and Commercial Project 82~9 for Mobil Gas and Service Station were approved at Railroad Canyon Road and Mission Trail. The proposed developments were approved by the City Council subject to participation in the equitable portion of the cost to signalize the intersection of Railroad Canyon Road and Mission 'Trail. The City Council directed staff to prepare a resolution establishing an equitable fee. Mr. Rubel presented a map showing the areas from which fees for signalization are proposed to be collected. The approved general plan desiginates all the parcels -------as General Commercial. The proposed fee is based on an assessment factor and areas are combined to obtain the proposed equitable fee. 71 Page seven City Counct1 Minutes March 22, 1983 BUSINESS ITEMS - Continued. 56. Resolution establishing fees for installation of Traffic Signals at Mission Trail and Railroad Canyon Road - Continued. Mr. Rubel reported property already developed is not included in the areas to be assessed because there is not an occasion expected in which to collect a fee. Emerson Briggan, property owner in the assessment area, owns approximately two acres in the area and under the plan he would be paying almost 10% of the cost of the signal. Mr. Briggan stated his property is not located on Mission Trail and the assessment area is too narrowly defined. The eleven (11) acre Town Center Site is not included in the assessment. The corner of Mission Trail and Ma1aga is not included in the assessment area. These two sites are prime commercial sites and Mr. Briggan felt they should be included in the assessment area. XJ ~ I:"'- '-:;) Q o Mr. Rubel stated the intent was that the area within the boundaries of the assessment would pay for the signalization of that particular intersection. The boundaries were not expanded further because intersections outside the boundaries would have to be built and fees collected from the other properties. Mr. Briggan stated he did not want to subsidize Stater Brothers, Vans and the other existing stores which have generated the traffic to the intersection. Mr. Briggan did not feel it was fair that the already existing businesses should not pay for the signalization. Mr. Torn asked if the existing businesses can be asked to participate in the assessment district. Mr. Porter stated this is not an assessment district. it is a mitigation procedure on new development which requires discretionary approval. Other measures are available, but they are time consuming and much more expensive. Mr. Porter stated he would have to check to see if the City can form an assessment district for signalization. If this is possible the fees to mitigate the impact would be reduced. Council felt the existing businesses such as Stater Brothers, Vons, Sav-On and the banks are the primary impact on the intersection. Mr. Crowe asked if the property where the Bi-Wise Mobile Home Sales Lot is located would be in the assessment district if a tentative tract map is done on the property. Mr. Rubel stated it would be included. Mr. Torn stated that people will not be charged the mitigation fee until they develop the property, and in the meantime, the City can look into other funding avenues for the signalization. If other funding is available, mitigation fees can be reduced and refunds made to those developments which have paid. Mr. Torn felt that the Council recognizes there is a problem at the intersection and if we wait any longer we are only compounding the problem. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED TO APPROVE THE RESOLUTION BUT THAT STAFF BE DIRECTED TO PURSUE ANY OTHER FUNDING AVENUES THAT ARE AVAILABLE. 57. Traffic Signal Installation at Railroad Canyon Road and Mission Trail (Plans and Specifications) Mr. Rubel recommended the Council approve the Plans and Specifications for the Installation of Traffic Signals and Safety Lighting; direct the City Manager to solicit formal bids adn appropriate funds from 1982-83 Gas Tax Accumulation. Mr. Rubel felt it was important that the project be advertised for bids as soon as possible in order that the traffic signal facilities can be coordinated and built with the street work done by the contractor for the McDona1ds Fast Food Restaurant. Mr. Knight asked if all the sub-surface work on the signal will be done at the same time the street improvements are done. Mr. Rubel stated they would be done at the same time and the only cutting which will be done would be for any additional detectors. 72 Page eight City Council Minutes March 22, 1983 BUSINESS ITEMS - Continued 57. Traffic Signal Installation at Railroad Canyon Road and Mission Trail, (Plans and Specifications) - Continued. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE THE PLANS AND SPECIFICATIONS FOR INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING: DIRECT THE CITY MANAGER TO SOLICIT FORMAL BIDS AND APPROPRIATE FUNDS FROM 1982-83 GAS TAX ACCUMULATION. COUNCILMEMBER VALENZUELA VOTED NO. 58. Ordinance establishing Rules and Regulations of Water Service, relating to discontinuance of service. .... Mr. Porter felt the corrections to the ordinance were necessary and recommended the Council hold first reading on the revised ordinance. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 668 BY TITLE ONLY. The City Clerk read the title of Ordinance No. 668 ORDINANCE NO. 668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 13.09.015 TO THE LAKE ELSINORE MUNICIPAL CODE PROVIDING FOR A PROCEDURE AND CHARGE IN THE EVENT WATER SERVICE IS REESTABLISHED WITHOUT AUTHORIZATION. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED TO APPROVE THE FIRST READING OF ORDINANCE NO. 668. AYES: NOES: ABSENT: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE .... 52. Request for Temporary Approval of Ultralight Operations at 32081 Corydon Road (Barnes) - Continued. Scott Russell Barnett, attorney for Mr. and Mrs. Barnes and Valley Ultralight, Inc. feels there is a substantial interpretation problem of the existing use that has been approved by the City Council as to the location in question. Mr. Barnett stated that within Section 17.36, Recreational District, a permitted use, below the 1265 level would be an airport. Mr. Barnett stated in a report from the Planning Department to the Planning Commission on a request of Mr. Johnston to place a mobile home on the subject location the property was zoned Tourist/Commercial with the use being commercial airport activities. Mr. Barnett stated Mr. Barnes had a licensed business until June, 1982, and because of a change of address he was not sent a reminder to renew the license. In October, 1982, Mr. Barnes submitted an application for an additional license for the same purpose as before, for sales and service of ultralights and was turned down because the current landowners were seeking an exception to put a mobile home on the parcel. The Johnstons withdrew their request in November or December in order that Mr. Barnes could move forward in getting his license. Mr. Barnett stated that Mr. Barnes and Valley Ultralights' position is that the use of the runway at the airport is not inconsistent with the use as approved by the City Council. Valley Ultralights have secured permission of the airport owner to use the designated runway and have a lease with the owner. Permission has also been obtained by the Airport Manager. Mr. Barnett stated Mr. Barnes is willing to submit a Conditional Use Permit ... application within five (5) working days on the condition that he not waive his position to go to the Planning Commission and find out if, when they said airport related activities, they did not mean gliders, parachutes, etc. and if they did, why they did not require conditional use permits from those people. Mr. Barnett suggested that Mr. Barnes be issued a business license; that they be allowed to continue operation, assuming they need a conditional use permit, on the condition they substantially follow all the same things that Mr. Snyder agreed to do. Also, he will file a request with the Planning Commission to settle the issue whether his use is within the permitted use they have previously said was okay. 13 Page nine City Council Minutes March 22, 1983 BUSINESS ITEMS - Continued 52. Request for Temporary Approval of Ultralight Operations at 32081 Corydon Road (Barnes) - Continued. Mr. Trevino clarified that he has met with Mrs. Barnes many times and advised her that a conditional use permit would be required. Mr. Trevino stated the letter which Mr. Barnes sent out was not to help the City, but was intended to embarrass the City. Mr. Torn does not see the ultralight and the regular airplanes as being compatible, and feels the local management at a local airport can not make that determination. Mr. Torn felt this type of an activity is a health and safety matter and the City Council is the responsible board to make the decision. The Airport Advisory Board did not speak to the compatible use of ultralight and general aviation aircraft. The two types of aviation were put in separate areas. 00 ~ l'- l-:i ~ o MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION, DENIAL OF THE REQUEST. Mr. Torn clarified that sales and services is an allowed use. Valley Ultra- lights can operate as long as they do not have any landings or take-offs, on-site storage and rentals. OFF-AGENDA ITEMS 59. CETA Program for two (2) Clerk Typist Positions Mr. Unsworth reported it is requested that the City Council approve the City's participation in the CETA Program involving two (2) Clerk Typist positions. Salaries and some fringe benefits to be paid by the CETA Program. Council concurred. 60. Tri-City Volunteer Request for Kitchen Facilities Mr. Trevino stated at the time the Tri-City Volunteers requested use of the Community Center for the Fireman's Ball, they did not request use of the kitchen facilities. Mr. Trevino stated he was going to come up with a plan to have four service clubs take care of it on a three month basis, then anyone who wanted to use it would have to deal with the service clubs. Council concurred that guidelines will be developed by the first meeting in April. Mr. Trevino was asked to transmit Council's decision to the Tri-City Volunteers. 61. Cerrano Line for Southern California Edison Mr. Unsworth reported the Council has been asked to take a stand on the trans- mission line proposed by Southern California Edison. Mr. Torn stated earlier the Council did give approval for the line, however, since additional infor- mation has come out and would personally be willing to go on record as opposing the line. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED THAT THE CITY GO ON RECORD AS BEING OPPOSED TO THE NEW 500 KILOWATT TRANSMISSION LINE AND THAT AN APPROPRIATE RESOLUTION 83-20 BE DRAFTED STATING THAT. Councilman Knight voted no. Mr. Torn felt the Resolution should be sent to the Public Utilities Commission and a copy to the Alliance for Survival. PUBLIC COMMENTS Mr. Carter spoke regarding the Water Fund and funds being used from the General Fund to subsidize it. REPORTS AND RECOMMENDATIONS Mr. Porter reported that Mr. and Mrs. Barnes would like to apply for a Conditional Use Permit and would like to ask Council to direct staff to expedite the process. Council concurred. 74 Page ten City Council Minutes March 22, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. Torn asked when the budget process would be starting. Mr. Trevino reported that next week there will be a budget session with the department heads and it will follow that. Mr. Ronnow stated the scheduling will be formalized and brought to the Council. Ms. Valenzuela reported that ten to twelve people will be attending the meeting at Riverside County offices regarding the Alberhill Dump site tomorrow morning. Ms. Valenzuela reported that Mr. Horrigan from the Riverside County Office of Disaster Preparedness was on television and stated that because of drain-off from 800 square miles, the lake would continue to fill and at this particular time, due to the legalities, information has gone to the State and there is not money available for the pumps. Ms. Valenzuela reported the State has accepted the Disaster Resolution, the Governor has passed it as a disaster and the Office of the Governor has sent it to the President and we are now waiting for the Presidential Declaration. Ms. Valenzuela stated the City's Engineering and Planning Staff and others who worked on the Assessments of Damage were told by the County that we had the best damage value assessment that had been handed in to the County Council. - Mr. Unsworth stated a complaint has been received regarding why the white street lights were changed to yellow. Mr. Rubel stated the Public Utilities Commission has mandated conversion of mercury vapors to high pressure sodium. Any lights installed have to be the energy efficient high pressure sodium. Mr. Unsworth stated he has received correspondence from two builders regarding the system of setting public hearings for Planning Commission and City Council and the automatic three week wait between the City Council and Planning Commission. Mr. Trevino will answer the correspondence explaining the procedure. COUNCIL ADJOURNED TO CLOSED SESSION AT 11:28 P.M. REGARDING PERSONNEL. COUNCIL RECONVENED AT 12:11 A.M. - Mr. Unsworth announced the Council has granted Mr. Trevino time-off for a death in his family. Mr. Unsworth reported on the November Ballot there will be a section about whether to make the position of City Treasurer appointed or elected. The City Clerk was asked to advise Council on the deadlines and requirements. ADJOURNMENT MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 12:12 A.M. rtL ~ Z~;:tt:- JOHN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: ,/kJ~~~~~~ DEBORAH A. HARRINGTON, CITY ERK -