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HomeMy WebLinkAbout07-26-1983 City Council Minutes 155 _...:-~ i- MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 26, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:33 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Knight. ROLL CALL ~ ~ t-- '-:> o o The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCIU1EMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Clerk Harrington, Finance Director Ronnow and Public Works Director/City Engineer Rubel. CONSENT CALENDAR Councilmember Valenzuela asked Item #11 be removed from the Consent Calendar. Councilmember Torn asked Item #12 be removed from the Consent Calendar. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Minutes: A. Study Session - June 27, 1983: Approved as presented. B. Joint Meeting - July 11, 1983: Approved as presented. C. Regular Meeting - July 12, 1983: Approved as presented. D. Adjourned Regular Meeting - July 18, 1983: Approved as presented. 2. Fi na 1 Map for Parcel No. 13708: Approved Fi na 1 Parce 1 Map No. 13708; accepted the streets and easements which are shown on the map and offered for dedication; and authorized the City Clerk to sign and arrange for recordation of the Final Map. 3. Final Map for Tract. No. 14450: Approved Final Tract Map No. 14450; accepted streets and easements which are shown on the map and offered for dedication; authorized the City Clerk to sign and arr~nge for recordation of the Final Map; Accepted the Faithful Performance Bond in the amount of $82,410 and Labor and Material Bond in the amount of $82,410 and authorized the Mayor to sign the Subdivision Agreement on behalf of the City. 4. Final Map for Tract No. 19357: Approved the Final Tract Map No. 19357; accepted streets and easements which are shown on the map and offered for dedication; authorized the City Clerk to sign and arrange for recordation of the Final Map; Accept the Faithful Performance Bond and Labor and Material Bonds in the amount of $227,420.60 and authorized the Mayor to sign the Subdivision Agreement on behalf of the City. 5. Acceptance of Structure formerly located at Heald and Main Streets: Council accepted said structure and thanked Mr. Kirtides for structure. 6. Request from Chamber of Commerce - Si gnpost: Approved subject to staff sitting down and discussing this project and coming back at a later date to Council for further direction, landscaping should be cleared with the Council , with reference to placement of landscaping beds, planters, etc. ~~-5 6 Page two City Council Minutes July 26, 1983 -......':'!'- ~. CONSENT CALENDAR - Continued. 7. Use of Community Center - Little League: Approved use of the Community Center on Tuesday afternoons, through the month of August. Council also approved the waiver of fees. 8. Refund of Fees - A. A. Attridge: Approved refund in the amount of $550.00. 9. Public Traffic Safety Mitigation Fees for Traffic Signalization at Riverside Drive and Joy Street and/or Lincoln Street. Council approved Resolution 83- 49. ... RESOLUTION NO. 83-49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PUBLIC TRAFFIC SAFETY MITIGATION FEES FOR THE TRAFFIC SIGNALIZATION AT THE INTERSECTION OF RIVERSIDE DRIVE AND JOY STREET AND/OR LINCOLN STREET TO BE COLLECTED FROM DEVELOPMENT SUBJECT TO DISCRETIONARY APPROVAL. 10. Reduce Street Standards for Hill Areas: Authorized the City Manager, as soon as possible, to process an amendment to the Circulation Element of the General Plan to address street width standards. 11. Purchase of a Tractor and Mower for Weed Abatement - Solicit Bids: Removed from Consent Calendar for further consideration. 12. Disposal of Surplus Property: Removed from Consent Calendar for further consideration. 13. Claim 83-11 - Harry S. & Betty P. Mills: Rejected and referred to the City Attorney. 14. Claim 83-18'- Charlotte A. Bredlau: Rejected and referred to the City Attorney. 15. Building Division Monthly Activity Report - June, 1983: Received and filed. 16. Set for Public Hearing - August 9, 1983: A. General Revenue Sharing for 1983-84 Fiscal Year - Approved. B. Tentative Tract Map 18389 - Approved. C. Zone Change 83-3 - Approved. 17. Set for Public Hearing - August 23, 1983: A. Conditional Use Permit 83-8 - Approved. ..., ITEMS REMOVED FROM THE CONSENT CALENDAR . 11. Purchase of a Tractor and Mower for Weed Abatement - Solicit Bids Ms. Valenzuela stated she would like to see this item pulled and a study session held between the City Council, City Manager and City Engineer with staff to pre- sent different types and makes of tractors. Mr. MacMurray felt the size of tractor proposed was too small and would like to see a tractor with more capacity. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM FOR A STUDY SESSION. 12. Disposal of Surplus Property Mr. Torn stated he would like the Jeep deleted from the list of items to be disposed of as surplus property. Ms. Valenzuela questioned the pile of 6" aluminum irrigation pipe. Ms. Valenzuela stated at the time the pipe was stored at the yard there was an investigation by the Sheriff's Office and was under the impression it was confiscated by the Sheriff. Ms. Valenzuela asked this item be looked into by the Sheriff's Department. .... MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE PROPOSED LIST OF ITEMS TO BE DECLARED SURPLUS WITH THE DELETION OF THE JEEP AND PILE OF 6" ALUMINUM PIPE. .. - ".- f-- 157 Page three City Council Minutes July 26, 1983 ....~ 7~ ~ PUBLIC HEAR INGS 31. Bustness Improvement Area Mayor Unsworth announced this was the time and place for a public hearing on the proposed Business Improvement District. XJ l'- I:"- '-:> Q o Mr. Trevino stated this was the Business Improvement Area for the Downtown On June 28th, 1983, at the regular meeting of the City Council, Resolution 83-4.0 was adopted decl aring an Intent to establ ish a City Bus iness Improvement Area in the City of Lake Elsinore. The Resolution was enacted on behalf of the Downtown Business people in order to raise the necessary funds to develop a program to attract more business into this area. Should the Council find that the preponderance of discussion is in favor of said assessment district then it would be in order to adopt the attached Ordinance. Should the preponderance of discussion be in opposition to the Assessment District, then it would be in order to terminate said proceedings. The City Clerk reported a letter was received from Leonard F. IISonny" Davidson in favor of the Downtown Improvement Assessment District. Mayor Unsworth opened the public hearing aSking those in favor of the Business Improvement District to speak. Mr. Lee Strong, 13033 Pen Street, Whittier, stated he was retained as a Consultant to work with the Downtown Business People, meetings were initiated in February and have been held on a regular basis with the Downtown Businesses developing the program, budget and boundaries for the assessment district. After the district was developed it was presented to the City Council and mailed to all the licensed businesses in the district. It is a program developed by the downtown business people for the downtown business people. Mayor Unsworth asked those in opposition to the Downtown Business Improvement District to speak. Jo Prather, 1309 W. Pottery Street, Lake Elsinore, stated she has operated a business incidental in her home and for 13 years she has spent 80-85% of her spendable income on Main Street and back to where she lives because she believes in trading at home. She felt the businesses on Main Street do not afford her the same courtesy. Ms. Prather stated the first time she heard about the D.B.A. was'when they asked her if she would oppose the Improvement District. Ms. Prather stated she is a small business which supports her and her husband and this Improvement District will not help her. She felt the assessment will be so high that she will probably have to close down within a couple of years. Ms. Prather felt she is being asked to support a couple of business on Main St. and that the assessment should be on a voluntary basis. Eugene Carter, 109 Lowell, felt to place a tax on the condition of economics and the people of the community was incorrect. Lee Allen, 270 Avenue 9, stated he was opposed to the way the Downtown Business Association will enhance their coffers at the expense of the citizens of Lake Elsinore without due return. Mr. Allen felt that Main Street should become a historical freeway .and feels it will draw more money as a historical area then a business area. . Mr. Torn stated this assessment district is not a tax and that the population of the City is not being asked to pay for any improvements on Main Street. The concept is that this is the first group of community members that have taken it upon themselves to basically charge themselves for an improvement district that is assessed by benefit. The businesses will be paying the assessment fees based on their business license fee. Mr. Strong clarified that the assessment is only on the licensed businesses within the boundaries of the Business Improvement District. The rest of the community outside the boundaries of the downtown business area will not be affected. The City's involvement in the Assessment District is to establish the Business Improvement District, collect the funds and forward them to the Downtown. 158 Page four City Council Minutes July 26, 1983 ~..,;'";.'-i PUBLIC HEARINGS - Continued. 31. Business Improvement Area - Continued. Mr. Jacobson asked Mr. Strong if the house he lives in on Chestnut Street, which does not have a business in it, would be assessed a fee for the Improvement Area. Mr. Strong stated he would not be assessed a fee. Ms. Valenzuela stated this program is through Assembly Bill 1693 which many cities have utilized throughout the State to revitalize their downtown area by assessing themselves a fee. Lon Chaney, President of the Lake Elsinore Downtown Business Association wanted to clarify that there are people in support of the Business Improvement District. The Association has been working for several months, had study sessions with the City Council and the Council is well aware of what they are trying to accomplish. The Downtown Businesses are assessing a fee on themselves to improve the downtown district to benefitthe whole community. Mr. Chaney felt everyone would like to see a clean, well-balanced business district that will meet the needs of the whole community. - Tom Beton, owner of Body Shop Services, stated he was in favor of the business assessment for the beautification of the City of Lake Elsinore. Don Bingham, 29433 Bunker Street, asked the Council what the cost of the assessment district would be to the City. Mr. Trevino stated there would be no cost to the City. Ethe1wyn Graham, 665 Acacia Drive, stated she has rentals on Acacia Street, the business licenses on the rentals have gone up considerably and asked if the additional funds will be used for the Improvement District. Mr. Strong stated they would not. Mrs. Prather stated as it stands now, the the Downtown Business Association is a volunteer group, but once it is voted upon by the City Council it be- --- comes mandatory and it does affect every business within the boundaries. Mrs. Prather felt the Business Association should remain a volunteer Organization not a government organized and controlled association. The City will collect the fees or the businesses will close. Mr. Trevino stated it is not mandatory to belong to the Downtown Business Association, the City must hold a hearing according to State law to pick up the protests. No one is going to force anyone to join the Downtown Business Association. Mayor Unsworth closed the public hearing at 8:07 p.m. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The City Clerk read the title of Ordinance No. 673 ORDINANCE NO. 673 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA IN THE CITY OF LAKE ELSINORE. MOVED BY TORN, SECONDED BY VALENZUELA TO APPROVE THE FIRST READING OF ORDINANCE NO. 673. - AYES: NOES: ABSENT: TORN, VALENZUELA, UNSWORTH KNIGHT, MAC MURRAY NONE 159 Page five City Council Minutes July 26, 1983 - ......:'~ ': i. PUBLIC HEARINGS - Continued. .XJ r-- l"- 1-;) ~ o 32. Lighting and Landscaping District Mayor Unsworth announced this was the time and place for a public hearing on the proposed Lighting and Landscaping District. Mr. Rubel reported at the City Council meeting of July 12, 1983, Resolution No. 83-45 was adopting approving the Engineer's Report. Resolution of Intention No. 83-46 to form the District was also adopted on July 12, 1983. The Resolution of Intention set the Public Hearing for July 26, 1983. The Public Hearing was posted along all streets and published. A map was dis- played showing the benefit zones. The City Clerk reported the following letters were received in opposition.: Mr. & Mrs. Lansiaka; Mr & Mrs. Stafford and Mr. J. R. Enochs. Mr. Mullens, Consulting Engineer for the Lighting and Landscaping District, stated this is proposed as Lighting and Landscaping Assessment District #1 for the City of Lake Elsinore. Mr. Mullens stated they have spread the assessment based on benefit. The basis of the assessment district is to raise funds to fund the continued lighting of street lights and continued landscaping of street trees and public landscaping in the City. Mr. Mullens explained the Lighting and Landscaping Zones. Zone 1 - Lighting: . Includes all parcels within the City at a flat rate assessment (11, 928 parcels in the assessment district) $4 per lot. Zone 2 - Lighting: Consists of all residential properties within the City which consist of residential property with lights infrequently spaced. $4 plus $. 14~ per adjusted front foot. Zone 3 - Lighting: Includes all residential properties where lights are spaced from 200' to 400' apart. $4 plus $.23~ per adjusted front foot. Zone 4 - Lighting: Includes all commercial and industrial properties in the City, basically in the downtown area along Main Street. $4 plus .23~ per adjusted front foot. Zone 5 - Landscaping: Includes all lots in the City. Flat rate of $5.00 per lot. Mayor Unsworth opened the public hearing at 8:15 p.m. Lee Allen, 270 Avenue 9, stated he has maintained his own light, and has done so for the past 4 years and the landscaping has something to be desired. Mr. Allen felt the city is charging him for something he is already paY'i"~I'oi'. Velma Allen, 17271 Lakeview Drive, spoke against the Street Lighting and Landscaping Assessment District. Beulah Alonzo, 17795 Strickland Avenue, stated she doesn't have sewer, streets or lighting. Ms. Alonzo felt something should be done about the streets and getting the weeds cut. Eugene Carter, 109 N. Lowell Street, spoke in opposition to the Lighting and Landscaping Assessment District. He felt the people do not need any more assessments on their taxes. Joseph Donovan, 16875 Sanne11e Street, stated he lives in Country Club Heights and he does not have any street lights or street signs. Mr. Danovan was opposed to the street light assessment district and in favor of getting street signs in the area. Jack Enochs, 309 E. Hill Street, spoke against the Lighting and Landscaping Assessment District. He does not want any assessments on his property. Kenneth Fournier, 17380 McBride, felt it isn't fair to have to pay for lights he doesn't have. Ethe1wyn Graham, 665 Acacia, lives in Country Club Heights, one of the selling points when she bought the property was that there were street lights and park- ways. Some of the lights were removed for the Downtown area and not replaced. 160 Page six City Council Minutes July 26, 1983 .....<o>;~ ' L PUBLIC HEARINGS - Continued. 32. Lighting and Landscaping District - Continued. Ethelwyn Graham stated she was told by a Councilmember that additional lights would be placed on existing poles, but the poles are 500' apart from High Street to Country Club Road. Mrs. Graham also stated at one time there was pave- ment on the streets. Nina Hammer, 401 E. Heald Avenue, stated on March 17, 1983, she sent a letter ... to the City Council regarding her objection to the new color of the street lights, and urged the Council to change the color of the lights back to the way they were. Ms. Hammer stated she was told by the Edison Company that these lights cost less to operate. Dick Knapp, 29690 Dwan, asked why the public was not notified besides the notices that were posted. The map was not available and the only material available was a small packet from the City Clerk. Mr. Knapp asked for a definition of what the lot sizes will be and asked why it did not have to go to a vote of the people as under Proposition 13. Mr. Knapp asked where and what does the landscaping assessment district entail. Mr. Knapp stated his opposition was because there was not an adequate explanation of the project. Mr. Mullen, Consulting Engineer, stated the parcels are defined as they exist on the parcel rolls, explained the adjusted front footages and stated this was not a tax, it is a benefit assessment district and has been ruled under the Courts that it is not under the jurisdiction of Proposition 13. The assessment is for a one year period and each year the City must hold a public hearing to keep the assessment district adtive. This is a maintenance assessment district, not a constructive assessment district so the assessment is for the existing lights and to pay the cost of : lectricty to run the lights. The landscaping is also for the existing landscaping, not to include future land- scaping. Adam Natalie, 16919 Bell Street, asked for an explanation of the lighting and landscaping map and felt the map should have been on display for 10 days prior to the meeting. Mr. Natalie stated he was against the lighting assessment district because the people that have the lighting, should pay for the lighting. Mr. Natalie felt the Park District collects $184,000 per year and should main- tain the parks and landscaping. -- Earl Pemberton, 16520 Bristlecone, stated he had a meeting with twelve (12) people from the Machado Pines Subdivision which is in Zone 3. There are eleven (11) lights in the park including the three lights along the street. Mr. Pemberton felt under the existing fee schedule there would be an irregular assessment on the parcels. Mr. Pemberton suggested an alternate fee schedul~ along with a request to increase the lumination of the existing lights. Mr. Pemberton stated he was in favor of the lighting as long as he obtained brighter lights. Mr. Pemberton was under the impression he was under an assessment district ~lready. Sanders Newman, 31048 Ponderosa Street, stated when the Machado Pines Mobile Home Park was built, the man who built the light standards, installed the lights and gave them to the City with the understanding the City would pay the light bill. Mr. Newman stated why should they pay for landscaping they do themselves and lighting, which should have been paid by the City as they committed themselves to do long ago. Douglas Roberts, 17183 Shrier Drive, asked if the improvement area for the lights is mostly on improved streets. Mr. Mullen stated most of the lights are on improved streets. Mr. Roberts asked if the people that do not have lights are being asked to pay for lights somewhere else in the City. Mr. Mullen stated the costs were spread by benefit. Mr. Roberts asked the City Attorney, Mr. Porter, if he felt the benefit assessment would hold up in court under Proposition 13. Mr. Porter stated that Lighting and Landscaping Assessment Districts have never been challanged under Proposition 13. They are a classic case of benefit assessment and it would hold up under a court challenge. - 161 Page seven City Council Minutes July 26, 1983 ~ - ......."':''".: . PUBLIC HEARINGS - Continued. 32. Lighting and Landscaping District - Continued. Mr. Torn stated he felt there is benefit to the community member beyond the individual lot, providing street lights, better public safety and there is a potential for less expansion of police services which is something the city needs. Providing more lighting or providing lighting in general as a community does provide benefit to those types of public safety services. The lights may not light all the indiviua1 lots, however they do provide lighting to all the normally traveled streets, which does provide benefits to all the community. Gene Stack, 16924 Sanne11e, spoke in opposition to the Lighting and Landscaping Assessment District and asked how the City is going to maintain what they already have. Mr. Stack stated he would like to see the roads maintained, and street signs put up in the Country Club Heights area. The City is also in need of sewers. oX) ~ t-- '-:) ~ o Mayor Unsworth closed the public hearing at 9:36 p.m. Mr. Torn asked Mr. Mullens about the time line in which the Council is working under to provide assessments for the current year. Mr. Mullens stated assess- ments would have to be submitted to the County Auditor the first week in August. Mr. Torn stated based on testimony tonight, most of the opposition received tonight were from people who did not have adequate street lighting. Mr. Torn stated he recognizes a lot of opposition to the landscaping part of the assessment district. Mr. Torn felt the landscaping should be deleted from the assessment district and only those people located in the colored areas of the map which receive benefit of the street lights should be assessed. Moved by Torn, Seconded by Valenzuela to totally delete the landscaping from the Assessment District, to delete any of those Country Club Heights areas that are not in the colored areas, approve the district for lighting purposes only and only for those areas,and deleting zone 1, which is all the parcels in the City, deleting zone 5, which is the landscaping and addressing only zone 2, which is where street lights are infrequently spaced, zone 3, which is residential lots where streets 1ights are between 200' and 400' apart and zone 4 which is for commercial and industrial property. Mr. Porter responded to a question by Mr. Natalie that this is the time that the City Council considers the input, makes the adjustments that are appropriate and then votes. Mr. Mullens stated the way the motion was worded that he would not have adequate time to change the tapes in order to get them to the County Auditor in time. Roll call on motion: AYES: TORN, VALENZUELA NOES: KNIGHT, MAC MURRAY, UNSWORTH ABSENT: NONE MOTION FAILED. Mr. Knight stated he voted against the lighting and landscaping assessment district, it would have provided funds to maintain the lights which would pay for the power and do tree trimming and this type of thing landscaping wise. We turned the motion down, the money must now come from the General Fund and the services you expect overall from the City must somewhere be cut to make up the maintenance of the street lights for the landscaping and lighting district. Someplace along the line, we will have to cut another service to the public. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING IMPROVEMENTS AND THE FORMATION OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO.1, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR ASSESSMENT LEVY. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED TO DENY THE RESOLUTION. COUNCILMEMBER TORN VOTED NO. Council concurred to recess at 9:54 p.m. Council reconvened at 10:13 p.m. 162 Page eight City Council Minutes July 26, 1983 ....or:'!; ~ ( . PUBLIC HEARINGS - Continued. 33. Weed Abatement Mayor Unsworth announced this was the time and place for a public hearing on the Weed Abatement Program. Mr. Rubel reported this public hearing was continued from July 12, 1983. The report of the Director of Public Works on costs of weed abatement was posted as required by law. The City Clerk reported no correspondence had been received regarding the Weed Abatement Program. Mayor Unsworth opened the public hearing at 10:13 p.m. asking those in favor of the Weed Abatement Program to speak. Lee Allen, 270 Avenue 9, stated he is in favor of the Weed Abatement Program and would like something done. - Doug Roberts, 17183 Shrier Drive, stated he understood there was a type of moth that was used to eliminate the tumbleweed. Ms. Valenzuela recommended the City Engineer write the Department of Agriculture to obtain some additional information. Mr. Torn stated he would contact the County Department of Agri- culture and report back to the City Council. No one else asked to speak on the Weed Abatment Program. Mayor Unsworth closed the public hearing at 10:17 p.m. RESOLUTION NO. 83-50 A RESOLUTION OF THE 'CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT ,CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST THAT PROPERTY AND SHALL BE MADE A LIEN ON SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADOPT RESOLUT ION NO. 83-50, CONFIRM ING THE REPORT OF COST OF ~~EED ABATEMENT. -- 34. Proposed City Budget for Fiscal Year 1983-84. Mr. Ronnow stated staff would like the public hearing on the Proposed City Budget for Fiscal Year 1983-84 to be deferred to the next City Council meeting and reported the last budget study session is scheduled for July 27, 1983. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THE PUBLIC HEARING ON THE 1983-84 BUDGET TO AUGUST 9, 1983. BUSINESS ITEMS 51. Presentation by Peggy Lakey - Community Services Organization - Mr. Unsworth reported that Ms. Lakey's son is involved in the Little League Team from Lake Elsinore and they are defending their Championship tonight and as a result has requested this item be continued to August 9, 1983. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE TO AUGUST 9, ,1983. loiJ Page nine City Council Minutes July 26, 1983 --4;":~ i. BUSINESS ITEMS - Continued. 52. Development of City Park ~ l"- l:"- t"":) o o Mr. Trevino reported that Mr. Pedro Vasquez, owner of LaUnica, has proposed that the City consider allowing a concession at City Park. Ms. Vasquez in- dicates that, if the City will build him a 14' x 20' building and stub it out for water, power and gas, he would be willing to pay the City $5,000 up- front money and would also be willing to completely maintain the Park, ie.: mow the grass, water, clean-up and maintain the bathroom facilities, and give the City 5% of the gross profits. Staff is very comfortable with this particular arrangement inasmuch as both Mr. Vasquez and staff worked this out. It was staff's recommendation that the Council accept this proposal in concept and direct staff to develop a contractual arrangement and come back at the next meeting for ratification by the Council. Mr. Trevino stated the funds will be used to carpet City Hall. Mr. Porter stated he would like to be involved in the drafting of the agreement, and this type of activity is common in other cities where they grant concessions. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE RECOMMENDATION IN CONCEPT, WITH THE COUNCIL TO HAVE INPUT ON THE WAY THE BUILDING IS BUILT; WITH A CAP OF $5,000 ON CITY EXPENSES AND APPOINT A SUB-COMMITTEE OF ARTA VALENZUELA AND LARRY KNIGHT TO WORK IN BRINGING THE CONCEPT DRAWING FORWARD AND THE COUNCIL WOULD HAVE FINAL APPROVAL. 53. Request to defer Sewer Connection Fees Mr. Rubel reported the petitioner property is outside the City Limits located between Hill and Fairview Streets. The area is within the City Assessment District No.1. The petitioner wants to install sewer laterals from the sewer main in the street to his property line at this time because the Housing Authority intends to pave the street and the petitioner wants the sewer lateral built before the paving is done. The applicants have stated they do not want to pay sewer connection fees at this time, but want to defer the payment of fees until he is ready to develop his property and will need to obtain a building permit. In addition to the City Sewer Capitol Improvement fee for connecting to the City owned sewer, the City is obligated to collect a fee under a Reimbursement Agreement and refund the person who initially installed the sewer main in the center of the street. George Savord, 1695 W. Crescent, Anaheim, stated he along with two other partners own lots 10, 11, and 12 of the Olive Acres Tract. In 1979 his partnership entered into an agreement with Neville Martin to place a sewer line in Fairview Street. They participated monetarily in the placement of the sewer line. They are now being asked to make a deposit of sewer connection fees prior to the development of his land, they have an approved subdivision map. Mr. Savord stated he has learned that Mr. Martin has dedicated the sewer line which he helped build to the City of Lake Elsinore. Mr. Savord stated as a result they may be asked to pay money that may not be due. Mr. Savord asked the Council to defer the fees until the full amount of the fees can be determined. and possibly enter into an agreement with the City for possibly their own money. Mr. Savord asked the connection fees be deferred because they have learned that a Federal Agency is going to pave Fairview and the sewer lies on the northern. side of Fairview and their property lies on the southern side. Mr. Porter stated the City would like to insure that all the fees are paid; the City would like to help in recetifying any problems in the Sewer Reimburse- ment agreement; the City would like to save the applicant the expense of cutting the road and saving the County from having their new road cut. Mr. Porter stated the applicant could put the money in an interest bearing account for the costs, however the applicant is not comfortable with that idea. Moved by Torn, Seconded by Valenzuela to deny the request, that they be required to post the money with the City until such time there appears to be rebate owed to them, that we make that rebate, that on the Capitol Improvement Fees, there will be not interest accured to the developer but on the portion of the money that will be rebated to him, interest will accrue to his account. No action was taken on the motion. lti4 Page ten City Council Minutes July 26, 1983 -.......':"'!: ,',i BUSINESS ITEMS - Continued. 53. Request to defer Sewer Connection Fees - Continued. Moved by Torn, Seconded by Valenzuela to amend the original motion to collect the sewer hook-up fees, capitol improvement fees and direct the City Attorney to work out the problems with the reimbursement fees. No action was taken on the motion. Mr. Porter recommended ,the motion suggest the Capitol Improvement Fees and the Sewer Connection Fees be paid and with respect to the Reimbursement, that the applicants be given the option of either paying them forthwith or reaching an agreement approved by the City Manager and the City Attorney to adequately protect the parties. Mr. Torn and Ms. Valenzuela agreed. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE TO AUGUST 9, 1983, TO ENABLE THE MATTER TO BE STUDIED FURTHER. 54. Henry Simonsen's Request for Chuck Wagon Trailers for October, 1983, Square Dance Club and Teenage Concert. Mr. Henry Simonsen, Chuck Wagon Trailers, stated he would like the use of the City Park on Saturday and Sunday, October 15 and 16, 1983 for the Chuck Wagon Trailers. Staff, Council and Mr. Simonsen discussed the location of the vehicles and where they would be placed on or near the City Park, the times of the program and the history of the Chuck Wagon Trailers. Mr. Valenzuela felt this type of an activity would be an asset to the City and the Council and Community should look forward to activities of this type. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO GRANT CONCEPTUAL APPROVAL WITH LARRY KNIGHT TO WORK WITH THE CITY MANAGER ON THE EVENT. - Mr. Simonsen stated he would like to use the Gazebo for Square Dancing during the months of August and September, twice a month on the 2nd and 4th Fridays. Discussion was led on the request to hold a Teenage Concert also. Council concurred that the Council should review each request on its own merits. 55. J. R. Enochs Request to address the Council Mr. Enochs was not present to speak. Mr. Enochs did however speak under the Lighting and Landscaping Assessment District item earlier in the evening. 56. Office of City Treasurer - Vacancy Mr. Porter stated as he has indicated at a previous City Council Meeting, due to the illness of former City Treasurer Charles R. Morgan and his ceasing to be an inhabitant of the City, his office was declared vacant on July 12, 1983. Mr. Porter reported that the City Council should make an appointment by August 11, 1983. Mr. Torn felt because this was a elected position, that there should be the opportunity for people in the community to make application for the Council to consider and the appointment should be made from the list of people that applied. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO MAKE AN APPOINTMENT FOR THE CITY TREASURER POSITION. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO MAKE A POSITIVE STATEMENT TO THE PAPER THAT WE ARE ACCEPTING APPLICATIONS FOR AN APPOINTMENT FOR THE REMAINING FIVE MONTHS OF THE CITY TREASURER POSITION. - f ~ ~ r... '-:> Cl 0 r . . ~ l f [ ~ r f 1 ~. l t r k t 16a Page eleven City Council Minutes July 26, 1983 .......7'! .i BUSINESS ITEMS - Continued. 57. Street Improvement Program Mr. Rubel asked the Council to continue this item to the next City Council Meeting. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING ON AUGUST 9, 1983. 58. Second Reading of Ordinance No. 672 - Regarding City Manager MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 672 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 VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 672. AYES: KNIGHT, ~1AC MURRAY, VALENZUELA, UNSWORTH NOES: TORN ABSENT: NONE OFF-AGENDA ITEMS 59. Lakeshore Overlay - Oral Report Mr. Trevino asked the Council to consider forming a committee composed of a couple of members of the City Council appoint Mr. Bud Attridge as Chairman, appoint Paul Baccus and have Mr. Attridge solicit committee members to completely review the Lakeshore Overlay and report back to the City Council. Mr. Trevino can discuss possible funding for some of the activities they may be considering. Mr. Torn and Ms. Valenzuela volunteered to sit on the committee. Council concurred. 60. CEP 83-3 - Hesselrode Mr. Trevino stated it has been determined that there was not conflict of interest on the part of the P}anning Commissioners and therefore the main issue of parking should be addressed. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DENY THE CONDITIONAL EXCEPTION PERMIT, DENYING THE DELETION OF THE PARKING SPACES. 61. Commercial Project 83-3: Mounzer Chaarani Mr. Trevino reported that Commercial Project 83-3 is a proposal for a Commercial Shopping Center to be located northwest of intersection at Lincoln Street and Riverside Drive. The Planning Commission recommended approval subject to twenty (20) conditions of approval. The applicant wishes to construct a 66,100 square foot shopping center. . Daniel Possnack presented a rendering of the proposed project exp~i.1tning the possible types of businesses to locate in the building and the design of the project. Mr. Possnack stated a market study was performed and approximately 50% of the available sales revenue is going out of the community which is $60 million. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE COMMERCIAL PROJECT 83-3: WITH THE FOLLOWING ADDITIONAL CONDITIONS: 1. INSTALLATION OF BIKE RACKS AT APPLICABLE LOCATIONS; 2. BUS WAITING STATION ON RIVERSIDE DRIVE TO BE COORDINATED WITH THE LAKE ELSINORE TRANSIT CHAIRMAN AND DIRECTOR. 166 Page twelve City Council Minutes July 26, 1986 ~.-:".:;...- PUBLIC COMMENTS Bob Jacobson, 174 N. Chestnut, asked why the City can not send a truck with some asphalt down some of the streets, such as Mission Trail, Lakeshore, Franklin and others where there are holes in the streets. REPORTS AND RECOMMENDATIONS Mr. Knight stated in the downtown area there are two-hour parking signs and there are cars which are parked on the street basically all day. The problem is that there are no parking spaces for customers of the businesses. Mr. Knight asked if the two-hour parking can be enforced either by the City or the Sheriff. Council discussed revenues that could be generated from parking citations. Mr., Trevino stated the second Code Enforcement Officer could take care of this area. The City Manager was directed to work with the City Attorney on this matter. Mr. MacMurray asked what the status was on the City Well. Mr. Rubel reported that at the last meeting the Council requested he come back with a design in 45 days. Mr. MacMurray asked if anything had been done on getting an "Exempt" sign on the Railroad Crossing Signs. Mr. Rubel will look into the matter. ..... Ms. Valenzuela asked what the status was on the abandoned house on Franklin Street. Mr. Trevino stated he has turned the matter over to the Senior Building Inspector to reactivate the file. Mr. Unsworth stated he has received requests from City Employees that they would like to be involved in the Neighborhood Watch Program, however they live outside the City limits. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADMEND THE GUIDE- LINES TO INCLUDE EMPLOYEES LIVING OUTSIDE THE CITY LIMITS. Mr. Unsworth stated the Council needs to appoint a Delegate and an Alternate for voting purposes to the League of California Cities for the conference to be held in October. ... Council concurred to appoint Larry Knight as the Delegate and Arta Valenzuela as the Alternate. ADJOURNr~ENT MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE COUNCIL MEETING OF JULY 26, 1983, AT 11:45 P.M. }}: 1i~ J N G. UNSWORTH, MAYOR ITY OF LAKE ELSINORE ATTEST: '" ... - - , - - . . ,.'"