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HomeMy WebLinkAbout07-12-1983 City Council Minutes ,..- l.. CD OJ C\J W CD <( r-- L. I . 'r- I I . . I It l~! ._~-_.~ MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 12, 1983 141 . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:36 p.m. PLEDGE OF ALLEGIANCE The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, and Public Works Director/City Engineer Rubel. PRESENTATIONS/PROCLAMATIONS Mr. Unsworth announced that Robert Trevino has been hired as City Manager. CONSENT CALENDAR MOVED BY TORN, SECONDE~ BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: a. June 22, 1983 - Study Session - Approved as presented. b. June 28, 1983 - Regular Meeting - Approved as presented. c. June 30, 1983 - Adjourned Regular Meeting - Approved as presented. d. July 5, 1983 - Adjourned, Adjourned Regular Meeting - Approved as presented. e. July 7, 1983 - Third Adjourned Regular Meeting - Approved as presented. 2. Warrant List - June~ 1983: Approved warrant numbers 18386 through 18662 in the amount of $409,938.33. 3. Low Cost Rabies Vaccination Clinic: Approved request from County of Riverside Health Department for use of the City Park on Wednesday, September 14, 1983, 4:00 to 7:00 p.m. for low cost annual rabies vaccination clinic. 4. Use of City Park on July 30, 1983 - Elsinore Interest League: Approved request for Interest League to use the park, but it should not do so exclusively, therefore, approval .would not limitase of the park by other people or groups. 5. Use of Community Center on September 17, 1983 - S.O.M~I.: Approved use of community center on September 17, 1983 from 7:00 p.m. to 12:00 midnight. 6. County of Riverside, Office on Aging Agreement for FY 1983-84 for Title 5 Funding: Adopted Resolution No. 83-44 signifying its intention to submit a request for on-going Title V Funds for Fiscal Year 1983-84 under the Older American Act of 1965, as amended, and authorizing the City Manager to complete all documents to submit application in support of request for funds. 7. South Coast Air Quality Management District Request: Approved request to establish a temporary monitoring site during the period July 15 to October 15, 1983 to gather data by which to determine whether air quality has improved in the area. 8. Acceptance of Public Improv~ent in Tract No. 17222: Accepted public improvements in Tract No. 17222 and authorized release of bonds subject to receipt of a one year maintenance bond. 9. Building Division Monthly Activity Report - May, 1983: Received and Filed. Page two l~'Y Council Minutes fuiy 12, 1 983 CONSENT CALENDAR - Continued. 10. Set for Public Hearing - August 9, 1983: Tentative Tract Map 18389: Approved. PUBLIC HEARINGS 31. Tentative Tract Mapi74l3-3 and Planned Unit Development 83-1: A.B.C. Heritage Subdivision of 568 acres into 942 Single-Family Lots. North of Railroad Canyon Road, West of Canyon Lake. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of A.B.C. Heritage for Tentative Tract Map 17413-3 and Planned Unit Development 83-1. Mr. Trevino gave background information on the Tentative Tract Map and P.U.D. to be located north of Railroad Canyon Road, West of Canyon Lake. The Planning Commission recommended approval of the project subject to 57 conditions. The developers are proposing a revision to the T~ntative Tract Map. The map is planned in three (3) phases. Phase 1 contains 5 tracts; Phase 2 contains 6 tracts; and Phase 3 contains 7 tracts. The developer has dedicated a school and fire station site within the Tract Map. Discussion ensued regarding Condition 39 which was in a separate agreement. The City Clerk stated the following correspondence had been received regarding the project: 1. Letter from William E. Stewart, Canyon Lake Property Owners Association: requesting a postponement of any decision for a period of time not to exceed 30 days so that additional information can be obtained regarding the project. 2. David T. Sheldon, Planning Engineer Riverside County Flood Control and Water Conservation District, recommended approval subject to conditions. ., i;~ t":' A letter was received at the meeting from the Lake Elsinore Recreation and Park District stating the Recreation and Park District shall prepare and attach conditions of approval, including standards for determining land and fee requirements. ~. Mayor Unsworth opened the public hearing at 7:47 p.m. asking those in favor of the Tentative Tract Map and Planned Unit Development to speak. Lee Allen, Lake Elsinor~, asked for clarification on the boundaries of the project. Mr. Trevino showed the boundaries on the Tentative Map. Mayor Unsworth asked those in opposition to the Tentative Tract Map and P-1.~nned Unit Development to speak. John Feiger, 23020 Blue Bird, Canyon Lake, representing the Property Owners Association and Home Owners Association, asked the Counci:l to continue this item for a period not to exceed thirty days so that information can be obtafned regarding the project and conditions met. Grant Oleviler, representing himself and the Canyon Lake Property Owners, inquired about having an E.l.R.prepared for the project, not an E.I.S. as , he was handed in the past by the Planning Division. Mr. Oleviler expressed. concern regarding a street in the development which wo~ld connect to Appaloosa Court. The'street is marked for emergency access but fears it will become permanent access. Mr. Oleviler also stated the property around Appaloosa is privately owned property. Mr. Oleviler stated it appears that there is a storm drain' whi ch wi 11 take water across privately owned property to the BLM Land. Mr. Oleviler expressed concern over the amount of run-off water from the project which will end up in the lake along .with pesticides, chemicals from automobile and other chemicals. Mr. Oleviler stated he would like to see the slopes of the project landscaped and irrigated and a Property Owners Association developed to maintain the slopes with the developer to post bonds until such time as the association is formed. It was requested that tAe project be continued to enable a meeting with the Canyon Lake Property Owners Association and the City to resolve the problems. Lee Allen addressed a question to Mr.Oleviler, stating the City receives its water from Canyon Lake and it is~known that Canyon Lake is a recreational area and understands that ther~ is to be no body co~tact in water used for water consumption. Mr. Allen asked when are they going to stop the swimming in the lake. , . t ~ -,.., .!,..' . 143 Page three City Council Minutes July, 12, 1983 PUBLIC HEARINGS - Continued. 31. Tentative Tract Map #17413-3 and Planned Unit Development 83-1 - Continued. Eugene Carter, spoke regarding the possible contamination of Canyon Lake Drinking Water and concurred with the Canyon Lake Homeowners Association that the matter should be tabled. Ron White, A.B.C. Heritage, stated this is the third revision of the map and they have been working on the project for two years and the EIR's and EIS's along with the maps have been available to the public. Mr. White stated they have been struggling to get this project going and can not afford any more delays. Mayor Unsworth closed the public hearing at 8:15 p.m. ~ l"- ~ '-;) ~. Q Mr. Trevino stated staff would like to see old condition 39 incorporated into the conditions of approval. Mr. Torn reported the conditions of approval as follows: 1) That any fees in excess of those required, be offered as a donation to the Redevelopment Agency and 2) the developer assist in placement of $1/2 million in agency bonds; 3) To the maximum extent possible, assist the local economy through purchases from local vendors, hiring of local residents, and processing of corporate funds through local finance institutions; 4) If school construction funds should become available from another source which would cause school mitigation fees to be reimbursed by the school district, then A.B.C. Heritage agrees that such reimbursed fees shall be shared equally by A.B.C. Heritage and the City Redevelopment Agency. Mr. Andy Martin stated he agrees with the conditions of approval and urged the Council to approve the project. Mr. Porter reviewed the letter of agreement with the Council. -- MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE TRACT MAP No. 17413-3 AND PLANNED UNIT DEVELOPMENT 83-3 SUBJECT TO THE FIFTY- SEVEN (57) CONDITIONS; THAT ALL HOUSES HAVE A SIDEWALK IN FRONT OF THE HOUSES AND THAT ALL OF THE SIDEWALKS BE SEPARATED FROM THE CURB WITH A TWO FOOT (21) PARKVJAY. 32. Conditional Use Permit 83-6: To establish a Bicycle Motocross Track; Conditional Exception Permit 83-4: Waive Paving within the parking area; Robert Parker, 600 Feet Northwest of Malaga Road. -- Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-5 and Conditional Exception Permit 83-4. Mr. Trevino reported the Planning Commission recommends approval of the Permits subject to 10 conditions, however the Planning Commission deleted the original staff condition #7 which the property or lessee dedicate land for road-widening purposes. Staff recommended the City Council concur to add original condition #7 to the list of conditions of approval. The City Clerk stated two letters were received: 1) T & S Development Inc., stating they are opposed to the proposed use, as they do not feel it is a proper use in a business district, they will approve of its use based upon the condition placed upon it and it's 6 month review process; 2) Stater Bros. Markets, originally objected to the project, in light of the overwhelming community support and that the project is temporary, will not raise any more objections and asked Council to enforce conditions set forth by the Planning Commission. Mayor Unsworth opened the public hearing at 8:38 p.m. asking those in favor of the Conditional Use Permit and Conditional Exception Permit to speak. Frank DePasquale spoke in favor of the proposed use stating it would be a good activity for the youth. Mr. DePasquale stated the project will be sanctioned by the international organization of BMX Tracks. 144 Page four City Council Minutes July 12,1983 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit 83-6 and Conditional Exception Permit 83-4 - Continued. Eugene Carter spoke in favor of the project stating it would be a good activity in the community. Fred Hawkins, 35051 Orange Street, Lake Elsinore, stated he was one of the partners in the BMX Project and gave the City Council some background history on the sport of BMX. Mr. Hawkins stated he will be primarily running the track. Mr. Hawkins stated there are ample people in the City and the Valley to support this BMX Track, and it would be a benefit to the City to have the track. They have plans to have two races per week on Tuesday and Friday nights, depending on support other nights may be optional. Mr. Hawkings stated they have not decided on practice sessions at this time. - Mayor Unsworth asked those in opposition to Conditional Use Permit 83-6 and Conditional Exception Permit 83-4 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:56 p.m. Mr. Knight asked Mr. Hawkins how big the sign would be advertising the BMX Track. Mr. Hawkins stated the sign will be approximately 4' x 6', may list the racing times and dates. and will be thffrty feet from the street. Mr. Knight expressed concern that dust not become a problem at the site. Mr. Hawkins felt that oiling of the parking lot would not solve the pnoblem and proposed sprinkling the area and putting down d.g. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE PROJECT WITH THE FOLLOWING CHANGES. CONDITION #4, SNACK BAR FACILITY SHALL . BE TEMPORARY IN NATURE AND NO ALCHOLIC BEVERAGESmLL BE SOLD; CONDITION #5, THE FOLLOWING LANGUAGE TO BE ADDED: THAT DUST CONTROL TO BE MONITORED BY STAFF, AND NEW DUST CONTROL MEASURES TO BE INSTITUTED AS RECOMMENDED BY DIRECTOR OF PLANNING; CONDITION #7, TO ALSO INCLUDE THE IMPROVEMENTS TO THE FRONTAGE OF MISSION TRAIL; AND AS RECOMMENDED BY CITY MANAGER, TO REINSTITUTE AS CONDITION #11, THE ORIGINAL PLANNING COMMISSION RECOMMENDATION TO PROVIDE FOR THE - DEDICATION OF THE ADDITIONAL RIGHT-OF-WAY. 33. Spring, 1983 Weed Abatement ~ Hearing on Cost to Property Owners Mayor Unsworth announced this was the time and place for a public hearing on the Spring, 1983 Weed Abatement Program. Mr. Rubel gave background information on the Spring Weed Abatement Program and recommended Council continue the public hearing until July 26, 1983. The City Clerk reported no correspondence has been received by the City Clerk's office regarding the Weed Abatement Program. Mayor Unsworth opened the public hearing at 9:07 p.m. asking those in favor of the Weed Abatment program to speak. Paul Baccus, 31190 Riverside Drive spoke in favor of the Weed Abatement Program, however was concerned about the preservation of the wild flowers. Mayor Unsworth asked those in opposition to the Weed Abatement Program to speak. No one asked to speak. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE THE PUBLIC HEARING TO JULY 26, 1983. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO SEND NOTICES FOR FALL, OR CONTINUING WEED ABATEMENT, TO SAME OWNERS AS WERE NOTIFIED FOR THE SPRING WEED ABATEMENT. .... . 1-l5 Page five City Council Minutes July 12, 1983 PUBLIC HEARINGS - Continued. 34. Lakeshore Overlay District - Oral Report by City Manager Mayor Unsworth announced this was the time and place for the public hearing on the Lakeshore Overl ay Di stri ct. ~ Mr. Trevino stated after discussions with several Councilmembers and input from various community groups and members, asked the Council to consider tabling the Lakeshore Overlay Ordinance until such time as the cityadresses the lake stablization. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO TABLE THE LAKESHORE OVERLAY ORDINANCE UNTIL FURTHER NOTICE. Councilman Torn and Mayor Unsworth voted no. 00 l'- l:'- '-::> o o Mr. Torn stated he disagreed with the action, felt there could be some changes to the ordinance, but this was the first attempt the City has made to start to clean-up the lake perimeter. Mr. Torn felt the lake stabilization could be several years before it is physically underway. Mr. Torn felt the City should clean up its property and enforce other property owners to clean up their property. 35. Conditional Exception Permit 83-3: A request to delete a portion of the required parking for a new tavern business. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Jan Hesselrode for Conditional Exception Permit 83-3 located at 148 N. Main Street. - Mr. Trevino gave background information on this item which was continued from a previous City Council meeting and recommended the City Council direct the City Attorney to research the matter and report back to Council on July 26, 1983. The City Clerk stated no correspondence had been received by her office pertaining to this item. - Mayor Unsworth opened the public hearing at 9:14 p.m. asking those in favor of the Conditional Exception Permit 83-3 to speak. Jan Hesselrode, 33263 Fairview, Lake Elsinore, stated that two Planning Commissioners which voted no on the Conditional Exception Permit should have removed themselves due to conflicts of interest. Ms. Hesselrode felt there :,wereenough parking spaces available within 100 feet of the project site. Ms. Hesselrode stated that time is of the essence and asked for a decision tonight. Mayor Unsworth asked those in opposition to the Conditional Exception Permit to spf:!ak. Whit Steed, 101 Mt. View, spoke in opposition to the Conditional Exception Permit. Mr. Steed felt the downtown area does not need another tavern. Parking is a problem in the downtown area and his business located at 101 N. Main Street suffers from lack of parking. Mr. Steed felt the deletion of the parking requirements was not proper. Dr. Comstock stated he agreed with the comments made by Mr. Steed regarding parking and the nature of the business being a tavern not being good for the downtown area. Mayor Unsworth closed the public hearing at 9:19 p.m. MOVED BY TORN, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO DIRECT THE CITY ATTORNEY TO RESEARCH THE MATTER AND REPORT BACK TO THE COUNCIL ON JULY 26,1983. 146 Page six City Council Minutes July 12, 1983 OFF-AGENDA ITEM - LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 Mr. Trevino stated this is the time and place for the discussion on the Lighting and Landscaping District and also setting forth the resolutions and acceptance of the Engineering Report for the public hearing to be set for July 26, 1983. Mr. Mullen, Consulting Engineer for the Landscaping and Lighting Assessment District, presented the map showing the boundaries of the District. All the properties within the City limits will be included in the Assessment District. Mr. Mullen presented the Engineer1s Report which sets forth the estimated costs of the assessment district; Lighting - $80,000 and Landscaping - $59,000. The assessment of the cost has been spread over ~ll the parcels of land within the district and the proposed assessment cost for each zone. - RESOLUTION NO. 83-45 RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER1S IIREPORTII FOR CERTAIN LANDSCAPING AND STREET LIGHTING IMPROVEMENTS IN A PROPOSED MAINTENANCE DISTRICT. MOVED BY VALENZUELA, SECONDED BY TORN TO APPROVE RESOLUTION NO. 83-45 APPROVING THE ENGINEER'S REPORT. RESOLUTION NO. 83-46 RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE FORMATION OF A LANDSCAPING AND LIGHTING DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA; AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-46. Council concurred to recess at 9:27 p.m. Council reconvened at 9:43 p.m. - BUSINESS ITEt~S 51. City Manager Contract - Approval of Ordinance on First Reading; Adoption of Resolution and Execution of Agreement. Mr. Porter stated the Council has announced that Mr. Trevino was appointed the new City Manager and now is the time to take care of the details of the appointment. Mr. Porter stated he has prepared an agreement which he feels reflects the intent of the Council and Mr. Trevino. Mr. Porter stated under the City's current ordinance there is a procedure for removal of the City Manager, and Mr. Tr~vino and the Council have negotiated an alternative to the present ordinance which states that Mr. T~evino will have a two year contract and if removed at the pleasure of the City Council he will continue to receive his compensation for the remainder of the two years. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of Ordinance No. 672 ORDINANCE NO. 672 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADDING SECTION 2.04.060 TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING AN ALTERNATIVE PROCEDURE BY WHICH THE CITY MANAGER MAY BE REMOVED FROM OFFICE. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 672. AYES: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH NOES: TORN ABSENT: NONE ... 147 Page seven City Council Minutes July 12, 1983 BUSINESS ITEMS - Continued. 51. City Manager Contract - Continued. Mr. Torn stated he voted no because he feels the position of City Manager is a unique position and a political appointment and philosophically he is opposed to putting any length of time in a contract. 52. Presentation by Peggy Lakey - Community Services Organization Mr. Unsworth stated that Ms. Lakey sent a letter to the Council stating she could not attend the meeting due to an illness. Mr. Trevino asked the Council to continue to the next Council meeting. Mr. Unsworth asked the City Clerk to notify Ms. Lakey that this item will be held over to the next City Council meeting. 53. Request for Rehabilitation Permit, 16709 Joy Street ~ Mr. Frazier, Sr. Building Inspector, gave background information on the request ~ of Ms. Frank for a rehabilitation permit. Mr. Frazier stated the property l~ is located at 1269.5 M.S.L. and as a result must obtain Council approval prior ~. to the issuance of permits. o ~ Ms. Frank, 16709 Joy Street~ stated the lowest part of the house is located at 1269.73 M.S.L. and is in need of rehabilitation to bring the house up to code. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST OF MS. FRANK FOR A PERMIT TO REHABILIATE HER RESIDENTIAL STRUCTURE AND BECAUSE SHE IS BELOW 1270 M.S.L. SHE SHOULD SIGN THE DEED NOTIFICATION FORM. 54. Application of Requirements of Ordinance No. 572 to a Residential Property Mr. Rubel gave background information on the request of Mr. Mosbacher and recommended approval to the Council provided certain conditions are met by the developer. Mr. Mosbacher stated when he initially started this project he was told by the Planning and Building Departments that what he wanted to do did not require any variances. Since that time he has been involved with the Engineering Department and they have- asked he bond for the improvements. Mr. Mosbacher stated he was not sure he could bond for something he did not own. He stated he agreed that dust problems from the easement should be taken care of~ would pave the back of the street and possibly if the access did come available, the improvements would go in and he would give the city a letter that he would bring the improvements up to standard. Discussion was led regarding the property being included in the Sewer Assessment District and access to the property. Mr. Torn stated that usually when there is a reason to delay public improvements for non-tract purposes~ we allow the property owner to sign an agreement and not require bonds. ~ MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE ISSUANCE OF THE BUILDING PERMIT FOR HUGH MOSBACHER, WITH CONDITION NO. 1 AS A SOLE AND IMMEDIATE CONDITION AND THAT THE OTHER CONDITIONS THAT SPEAK TO OTHER KINDS OF PUBLIC IMPROVEMENTS, THOSE THAT FRONT MR. MOSBACHER'S PROPERTY THAT HE BE ALLOWED TO ENTER INTO AN AGREEMENT WITH THE CITY FOR THE ULTIMATE INSTALLATION OF THE IMPROVEMENTS UPON DEMAND OF THE CITY AND THAT WE NOT AT THIS TIME ADDRESS THOSE PROPERTIES THAT ARE NOT IN MR. MOSBACHER'S OWNERSHIP OR CONTROL. 55. Commercial Project 83-4: Guy Taylor, Construction of Sales Room on Existing Auto Dismantling Yard. Mr. Trevino read the staff report to the City Council dated June 24, 1983~ giving background information on Commercial Project 83-4. The request is for a 40' x 40' sales room on an existing auto dismantling yard on Collier Avenue. The Design Review Board approved its use subject to nine (9) conditions. The uniform building code states every building or portion thereof where persons are employed shall be provided with at least one water closet. '148 Page eight City Council Minutes July 12, 1983 BUSINESS ITEMS - Continued. 55. Commercial Project 83-4 - Continued. Guy Taylor, 17815 Collier Avenue, read a letter regarding condition imposed upon him in order to build an office. Mr. Taylor stated he has received a copy of staff recommendation on denial of the building of an office at the Elsinore Ecology Center. Mr. Taylor summarized the conditions: 1) Plot Plan was submitted on approximately 2/28/83 and again on 6/8/83; 2) This was addressed in the original agreement of 4/7/83, this condition has been postponed until the street has been aligned; 4) He can not pay these fees, ~ approximately $34,000; 5) He would not object to signing a hold harmless agreement from water coming from the lake, after the city repairs the north bank of Temescal Channel that has been cut in three places that is diverting water to the back of his fence; 6) This is no problem. There are more then 9 paved parking spaces; 7) This is no problem; 8) I am conducting business inside the fence; 11) I have had water service for over eight years; and 12) Items 4 and 12 are far beyond the scope of the original agreement of the City Council on 4/7/75. On that date, the City Council authorized him to build an office and the price to build a holding tank for the rest- rooms is out of reach and so is the $34,000 in Capital Improvement Fees. Ms. Valenzuela asked if the project site was located in the proposed industrial area. Staff stated it was located in the industrial area. Ms. Valenzuela asked if street improvements could be deferred. Staff stated they could. Ms. Valenzuela asked if staff could review this as a Redevelopment Project. Mr. Trevino stated staff could look at it as a Redevelopment Project Area. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO DIRECT THE REDEVELOPMENT DIRECTOR TO RESEARCH THE MATTER AS A REDEVELOPMENT PROJ ECT . 56. Request for "Spa" installation permit - 15568 Grand Avenue Mr. Frazier stated that Mr. John Clark, owner of the residential structure at 15568 Grand Avenue is requesting a permit to install a spa on his property. The location of the spa would be below 1270' M.S.L. and higher than 1265'. The spa is more recreational oriented which is compatible with zoning and general plan designations. ' - MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SPA INSTALLATION. 57. Search and Rescue Team Request - Speed Limit on the Lake - Ordinance Mr. Trevino reported a letter was received from Bill Staples, Commander, Lake Elsinore Marine Search and Rescue Team. Mr. Staples is requesting that the City adopt an ordinance similar to the one adopted in 1980 limiting the speed on the waters of Lake Elsinore within the City's boundaries. The request is being brought before Council in order to protect the public from injuries and boat damages due to submerged hazards. Mr. Staples spoke in favor of the proposed ordinance, and stated he would like to move the buoys down to the Stoneman Park so there will be a pattern all around the lake. Mr. Staples stated that they will be able to enforce the speed limits. . Moved by MacMurray, Seconded by Valenzuela to approve the ordinance. Motion was not voted on. ..... Mr. Porter stated the lake is not really under City jurisdiction and State law provides that before a City may attempt to enforce a regulation on any body of water, that the proposed ordinance must be approved by a department in Sacramento. Mr. Porter expressed concern over the enforcement of the ordinance, and if citations are issued on the City Ordinance, then the City Attorney's Office must prosecute, then it becomes an expense to the City. Mr. Porter stated if the Council is interested in pursuing the matter, he can draw up an ordinance, submit it to the State for approval, then it can adopted by the City Council. , , ~ :,~ ~''i! i " I ~- ~j l ro m C\I w CD c:x: - '- '" ...... ! Page nine City Council Minutes July 12, 1983 149 BUSINESS ITEMS - Continued 57. Search and Rescue Team Request - Continued. Ted Cook, representing the Chamber of Commerce, spoke in favor of the Ordinance and offered any assistance by the Chamber in adopting a comprehensive Ordinance that would be applicable to any M,.S.L. of the lake. Council concurred to direct the City Attorney to work on the Ordinance and bring back to the City Council at the earliest possible date. 58. Proposed Assessment District 83-1 - Canyon Lake Hills Mr. Trevino reported that since the Elsinore Valley Municipal Water District is to provide sewer capacity to the Canyon Lake Hills Development through the assessment district process, the resolution is required from the City Council. The State and Highways Code requires approval of the legislative body of the City when the land to be assessed lies within the corporate limits of any city, or county. RESOLUTION NO. 83- 47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING RESOLUTION OF INTENTION AND BOUNDARY MAP FOR AND CONSENTING TO THE WORK AND FORMATION OF ASSESSMENT DISTRICT NO. 83-1 (CANYON LAKE HILLS) OF ELSINORE VALLEY MUNICIPAL WATER DISTRICT. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-46. Mr. Coussins, District Engineer, Elsinore Valley Municipal Water District, reported the Board of Directors does endorse Assessment Distrnct No. 83-1, will cooperate with the developer in providing waste water system for the community. An agreement has been executed between the Canyon Lake Property Owners and E.V.~1.W.D. for the Water Treatment Plant. which provides for the pay-back for the common facilities by any future development to the Canyon Lake Property Owners Association. 59. Resolution of Intent to Annex: Annexation No. 29: Nine Parcels totaling 68.35 acres, northwest of the Intersection of 1-15 and Highway 74. Mr. Trevino reported that on March 23, 1982, the City Council approved Zone Change 81-5; a pre-annexation zone change for the subject property to CP (Commercial Park). On December 14, 1982, the Lake Elsinore General Plan was adopted designating the entire property proposed for annexation as General Commercial. A meeting held in early 1983 between City staff and LAFCO staff and the applicant's consultant resulted in a determination that additional properties should be included in the annexation proposal and, because of this, the annexation should be sponsored by the City. On May 19, 1983, the City Council agreed to sponsor Annexation No. 29. RESOLUTION NO. 83-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, STATING THE DESIRE AND INTENT TO ANNEX CERTAIN PROPERTY KNOWN AS ANNEXATION NO. 29 TO THE CITY OF LAKE ELSINORE. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION L- NO. 83-47. t1 h .' ~~. ~: r; "I ~; ~ 60. Office of City Treasurer - Vacancy Mr. Porter stated it was the responsibility of his office to bring to the attention of the City Council any problems in the appointee or elected offices of the City. Mr. Porter reported that many months ago the City Treasurer, Jimmy Morgan became quite ill and had to be hospitalized, cared for in a convalescent hospital and subsequently in a private home, both of which were outside the City limits. Mr. Morgan has let his apartment go and has stored his private belongings outside the city limits. If the City Treasurer ceases to be an inhabitant of the City, the office becomes vacant. It would be up. to the City Council to appoint a replacement to serve out the remainder of the term of City Treasurer. r' Page ten 1~~ Council Minutes July 12,1983 60. Office of City Treasurer - Vacancy - Continued. Mr. Porter stated he has advised Mr. Morgan that the item would be discussed on tonight's City Council agenda, and has also talked to the person caring for Mr. Morgan regarding his position. Mr. Porter has not had a response to any of his letters to Mr. Morgan. Mr. Porter stated the first step would be for the City Council to determine that the office is vacant and appoint a replacement for the office of City Treasurer. Mr. Morgan or his representative was not present. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UANNIMOUSLY TO FIND THE OFFICE OF CITY TREASURER TO BE VACANT. -,J'" "t The City Attorney stated the City may have 30 days in which to make an appointment. Mr. Torn felt that since the office of City Treasurer has been historically elected, the City Council has chosen to place the issue on the November Ballot, to determine whether it should remain elected or not, and since the position is presently elected, this would be an opportunity of members of the public to come forward and request they fill the seat. Mr. Torn felt the City Council should advertise for the seat. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE POSITION OF CITY TREASURER BE ADVERTISED TO FILL THE UNEXPIRED TERM OF CHARLES MORGAN. Mr. Porter stated he will send a letter to Mr. Morgan advising him of the action taken by the City Council. 61. Progress Payment No.3 - Swick Park Lighting/Fencing Project Mr. Rubel reported that the contract was awarded to Allied Sprinkler Co., Inc. in November, 1982. Staff is recommending Progress Payment No.3 be authorized in the amount of $43,740.02. The funds will be dispersed by joint checks to the contractor.and potential lien holders who supplied material and/or labor. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO AUTHORIZE PROGRESS PAYMENT NO.3 TO ALLIED SPRINKLER COMPANY, INC., IN THE AMOUNT OF $43,740.02. Councilmember Valenzuela voted no. .J ", Mr. Carter read a letter from Southern California Edison on the repairs which were needed to the Swick Park Project. Mr. Rubel stated the list Mr. Carter received from the Edison Company was the list the City Staff prepared and the items have been corrected. 62. Authorization to hire Contractor for Street Repair Mr. Rubel recommended the Council authorize staff to obtain informal bids and expend $5,000 to immediately initiate an accelerated street patching and repair program; and authorize staff to solicit formal bids for a more ex- tensive street patching and repair program. Mr. Rubel stated he is hopeful the street improvement program can be presented to the City Counc i 1 at"the July 26, 1983, meeti ng. ,"'. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO AUTHORIZE STAFF TO OBTAIN INFORMAL BIDS AND EXPEND $5,000 TO IMMEDIATELY INITIATE AN ACCELERATED' STREET PATCHING AND REPAIR PROGRAM; AND AUTHORIZE STAFF TO SOLICIT FORMAL BIDS FOR A MORE EXTENSIVE STREET PATCHING AND REPAIR PROGR~1. 63. City Water Well Progress Report Mr. Rubel gave background information on the status of the City Water Well Project and recommended that the City Council direct staff to prepare plans and specifications for, and to solicit bids for the installation of a pump and motor unit with meter, valves,clorination, controls and appurtenances; expending existing distribution system piping to connect to the well pump discharge and constructing the well enclosure and access. ~ MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO PREPARE PLANS AND SPECIFICATIONS FOR, AND TO SOLICIT BIDS FOR: 1. Installation of a pump and motor unit with meter, valves, clorinatioR system, controls and appurtenances. 15 '~ '" .,- Page eleven City Council Minutes July 12, 1983 BUSINESS ITEMS - Continued. 63. City Water Well Progress Report - Continued. , 12. Extending existing distribution system piping to connect to the well pump discharge. -- 3. Constructing the well enclosures and access. Mr. Carter asked staff what the flow of the well would be. Mr. Rubel stated it would be up to 500 gallons per minute. Mr. Carter asked the Council not take any action at this time. Mr. Carter also stated he has been ,in contact with Clute's Office regarding the three wells in the lake. General discussion ensued among the Councilmembers regarding the estimated cost of the well in order to get it on line, the cost would vary depending on equipment used and the utilization of city crews. Mr. Torn asked Mr. Rubel to have the Plans and Specifications ready for Council review within 45 days. ~ PUBLIC COMMENTS r-. 1-:> Mr. Carter, 109 N. Lowell, stated several weeks ago he asked the City Council to ~ give him a letter so he could go to Sacramento regarding the three wells that are -- in the lake, which the Council refused to give him. Mr. Carter stated he has been in contact with Steve Clute's office regarding the wells. Mr. Carter stated the Council should look into the matter of discrimination. Paul Baccus, 39190 Riverside Drive, spoke to the condition of the lakeshore and that the condition needs to be cleaned up not only by private property owners,:)but also the City. Mr. Baccus would like to see restrooms and trash cans put out on the properties. Mr. Baccus stated he is considering contacting the Public Health Department and have the whole lakeshore closed, but stated he does not want to do that. Mark LaPorte, 3860 Ulla Lane, commented on the condition of Lakeshore Drive and appealed to the sense of responsibility of the City Council to clean UD the ~akeshore. Mr. LaPorte sited a situation where a young boy drowred in the lake be- cause he was caught in a fence, which was under the water. Mr. LaPorte stated he would like to see the Council enact an ordinance whereby under water objects would be removed. -- Ms. Harrington, City Clerk, read a letter from Everett Wood, regarding the attendance of City Councilmembers at the July 4th Centennial Celebration. Mr. Wood felt the entire Council should have been present at the Celebration. Council recessed at 11:20 p.m. to Executive Session to discuss litigation matters. Council reconvened at 11:34 p.m. Mr. Porter reported there is a law suit pending entitled IIDay vs. City of Lake Elsinore and othersll. Recently there were some settlement negotiations. It has been his feeling that the City has had no exposure in the suit, except for de nding the suit. The parties have negotiated amoung themselves, basically have broken the settlement down in such a proportion that the City would pay $583.34 or 1/3 of the settlement. The only reason he recommends this to the City is because it is the only economical way to close the litigation. Mr. Porter felt the City does not have any liability and the payment is small enough that it will not open the door to other claims. The settlement agreement will end the law suit with no one making admission of liability, no one will sue anyone else because of this law suit and bring a close to this total procedure. This will be paid in a manner he will specify to the Finance Director. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE CITY ATTORNEY'S RECOMMENDATION TO ENTER INTO A SETTLEMENT AGREEMENT IN THE CASE OF IIDAY VS. CITY OF LAKE ELSINORE AND OTHERSII WITH THE PAYMENT TO BE SPECIFIED TO THE FINANCE DIRECTOR. 152 Page twelve City Council Minutes July 12, 1983 REPORTS AND RECOMMENDATIONS Mr. Trevino advised the Council that the funds have been received for the Swick Park Rehabilitation and will be proceeding with the project. Ms. Harrington reported that arguments can be filed up to the 19th of July regarding the City Treasurer being an appointed position. Ms. Valenzuela reported she met with the Downtown Business Association this morning regarding the public hearing for Assessment District 1693. Senior Citizens and people involved with the Nutrition Program and people from the Senior Citizen Jazzercise Program to address, stuff and stamp envelopes. Ms. Valenzuela reported the Downtown Business Association would like to re-institute the Task Force. ..... Ms. Valenzuela stated she has talked to the Chamber of Commerce and the Downtown Business Association regarding a City Newsletter to be incorporated with the Chamber Newsletter. Mr. MacMurray asked if staff has done anything regarding having the Railroad Sign removed at the Graham Street Crossing. Mr. MacMurray also recommended having an exempt sign put up in its place, this way the buses would not have to stop at the tracks every time they go over them. Ms. Valenzuela recommended the signs be repainted and exempt signs put up. Mr. Rubel reported that Camp Pendleton has Bailey Bridges on loan from the Army Corps of Engineers and the City would have to pay to have them transported to Lake Elsinore. Mr. Rubel reported he will be recommending that a permanent facility be built when the bridge is replaced at Pottery Street. Mr. Knight asked about the Railroad right-of-way at Mill Street to the San Jacinto River, is it still Railroad Easement. Mr. Rubel stated portions of the easement have been purchased by existing property owners. Mr. Knight recommended if portions of the easement are available, that the City attempt to purchase them. Mr. Knight reported that the Chamber of Commerce has requested the use of the water truck for this Saturday, July 16th, for the rodeo grounds for the Lake Elsinore .... Riders. Mr. Knight stated he received the request today. Mr. Torn stated he was opposed to putting city trucks on private property and it appears they are doing some permanent contruction on the property. Mr. Trevino stated he will have staff look into the matter. Council discussed the matter stating they were of the under- standing that the truck would be full at all times in case of emergency and the fire department needed the' truck. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND FAILED TO PROVIDE A WATER TRUCK FOR THE SATURDAY, JULY 16, 1983 EVENTS AT THE RODEO GROUNDS. AYES: KNIGHT, VALENZUELA NOES: MAC MURRAY, TORN, UNSWORTH ABSENT: NONE MOTION FAILED. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL TO MONDAY, JULY 18, 1983, AT 7:30 P.M. ~.~.i~~ J~N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ..... ATTEST: ~~.L~~....~ '0 'BciA A~HAR NG 0 : CI~~RK ',"-:- ."..,_...,,_..... '0', .........-.