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HomeMy WebLinkAbout12-09-1983 City Council Minutes ~4~ MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 13,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:39 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Torn. ROLL CALL X; t-- t'- 1-:> o o The City Clerk called the roll: PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel, Finance Director Barrick and City Clerk Money. CONSENT CALENDAR The following items were removed from the Consent Calendar for further considera- tion and discussion: Item Nos. 6, 7, 8 and 14b. r-- MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: a. November 22, 1983 - Regular Meeting - Approved. b. November 16, 1983 - Joint Study Session - Approved. 2. Animal Control Activity Report - November, 1983 - Received and Filed. 3. Building Division Activity Report - November, 1983 - Received and Filed. 4. 1983 Financial Statement and Quarterly Budget Review - Received and Filed. 5. Approved Warrant List for the Month of November, 1983 - Warrant Nos. 19415 through 50009 approved for payment in the amount of $335,062.65. 9. Approved Resolution No. 83-79 approving Supplement No.4 - Local Agency-State Agreement No. 08-5074. - I RESOLUTION NO. 83-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF SUPPLEMENT NO. 4 TO LOCAL AGENCY-STATE AGREEMENT NO. 08-5074. 10. Acknowledged donated use of parking lot property at the corner of Heald and Main Streets owned by Mr. and Mrs. Frank DePasquale. 11. Approved acceptance of Grant Deed for Children's Park from Sam Agrusa. 12. Claim No. 83-29 - Harold Levine - Rejected and referred to City Attorney. 13. Claim No. 83-30 - Heirs of Danny McCurtain and Edward Jordan - Rejected and referred to City Attorney. 14. Set for Public Hearing - December 27, 1983 - a. Annexation No. 31 - Ramsgate II - Approved. c. General Plan Amendment 83-6 - Approved. :t50 Page two City Council Minutes December 13, 1983 ITEMS REMOVED FROM CONSENT CALENDAR 6. Request from Coalition of Alliance for Survival to Hold Candlelight Walk. Mr. MacMurray stated that, although the letter accompanying this request did not so state, this group is planning to present a proclamation to Council at the end of their walk. Bryan Mocha, representing the Coalition, clarified that the request was for permission to hold the walk. They do plan to present Council with a procla- __ mation which will be prepared and brought to Council prior to the December 27 meeting. Mayor Unsworth reminded Mr. ~10cha that they need clearance from the Sheriff and Fire Department. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO APPROVE REQUEST TO HOLD CANDLELIGHT WALK ON DECEMBER 27, 1983. 7. Request to Place Directional Sign at Graham and Poe Street. Mayor Unsworth stated that since this request deals with encroachment on public right-of-way, he requests this be heard with business items 59 and 60 which also deal with encroachment on public right-of-way. 8. Resolution Increasing Encroachment Permit Fees. Mr. Knight stated that since this item was one which was brought back from a prior meeting, he would like Mr. Rubel to review the changes which have been made. Mr. Rubel stated that staff has surveyed other cities and the . fees recommended in this proposed resolution are in line with other jurisdic- tions. RESOLUTION NO. 83-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, STATE OF CALIFORNIA, FIXING AND .ESTABLISHING FEES FOR REGULATING THE CON- STRUCTION OF CERTAIN IMPROVEMENTS IN AND UNDER PUBLIC RIGHT-OF-WAY, OTHER THAN SUBDIVISIONS. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-78. ~ 14b. Ramsgate Specific Plan - Set for Public Hearing - January 10, 1984. PUBL IC HEAR INGS 31. Conditional Use Permit 83-12 - British Sports Hovercraft - Raymond Kemp. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-12 for British Sports Hovercraft and asked staff to identify the property or issue and give recommendations. Mr. Trevino reported that Conditional Use Permit 83-12 is a request to estab- lish hovercraft operations at 32081 Corydon Road, on the west side of Corydon Road,approximately 1500 feet south of Cereal Street. The proposal includes testing, repair, service and research and development of hovercrafts. The Planning Commission recommends approval of Conditional Use Permit 83-12 subject to the following thirty (30) conditions, with Conditions 14, 15, 16, 22, 23, 24 and 27 recommended for deletion: 1. Applicant to provide adequate on-site parking. (Parking area to be D.G.). 2. Follow all requirements of the County Health Department. ..... ~:ll Page three City Council Minutes December 13, 1983 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 83-12 - British Sports Hovercraft - Raymond Kemp - Continued. .- ~ r-- ~ 1-:> o o 3. All operations shall occur between the hours of 7:00 a.m. and dusk. a. Planning staff to outline a corridor and/or an area in which the hovercraft are to be operated in order to protect the residential neighborhood along Corydon Road from noise and dust conflicts. 4. Applicant to meet all requirements of the State Park Area Manager. 5. Applicant to provide dust control measures for the hovercraft vehicles. 6. Applicant shall be subject to six (6) month review. 7. Applicant shall present proof of insurance prior to issuance of a business license. 8. All signs shall be approved by the Planning Division. 9. Applicant to provide enclosed trash area. 10. Finding of conformance to the General Plan. 11. Finding of no significant impact upon the environment. 12. Issuance of a Negative Declaration. Engineering Department Conditions: 13. On Corydon Road a 50 foot one-half street right-of-way exists which is in conformance with the General Plan. - *14. Install curb and gutter 38 feet from centerline for Corydon Road. *15. Construct standard 6 foot sidewalk adjacent to curb on Corydon Road. Construct driveway approach to City standards, 30 feet wide. *16. Construct asphalt paving to City standards from centerline to curb line on Corydon Road (T.I.= 8). Some paving exists on Corydon Road. Tests must show that existing paving is to City standards and will support the traffic index. 17. Provide street lighting. 18. Cooperate with City in establishing a Landscaping and Lighting District. 20. - 21. *22. *23. *24. 25. 19. Provide sanitary sewer service as approved by the City, the County Health Department and the Regional Water Quality Control Board. Provide a letter agreeing to participate in a regional sewage collection treatment and disposal system. Provide to City a water availability letter from Elsinore Valley Munici- pal Water District (E.V.M.W.D.). Provide a written assurance that County Fire Department requirements have been complied with for fire protection and fire hydrant locations. Provide traffic signs and markings. Plans and specifications for public improvements shall be prepared by a Civil Engineer. Provide street trees as required by the City. Pay Public Safety fees per Resolution No. 83-4. ~~~ Page four City Council Minutes December 13, 1983 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 83-12 - British Sports Hovercraft - Raymond Kemp - Continued. 26. Applicant to provide the City with a recorded access agreement through the existing properties between this parcel and the Lake, for ingress and egress purposes. *27. Provide drainage acceptance letter to City. 28. Dedicate subsurface water rights to the City of Lake Elsinore. 29. Record Notice of Hazardous Conditions and Hold Harmless Agreement from 100-Year flood and from overflow of adjacent drainage ditch. 30. Pay Capital Improvement Fees per Ordinance No. 572 as follows: .... Street - $2,056.00 Storm Drainage - $1,370.00 Park - $ 200.00 TOTAL $3,626.00 * Recommended for Deletion. The City Clerk stated the City Clerk1s offi~e had received no correspondence regarding this issue. Mayor Unsworth opened the public hearing at 7:52 p.m. asking those in favor of Conditional Use Permit 83-12 to speak. Raymond Kemp, the applicant, presented a drawing of the corridor of operation plan which he proposed offer three alternatives; 100, 150 and 200 corridors. He indicated his preference would be for approval of the 200 corridor. He offered to answer any questions Council might have. ... Bill Staples, Commander of the Lake Elsinore Marine Search and Rescue Team, stated that their organization was formed three years ago in an effort to promote safety on the Lake. He feels that the Hovercraft can be an asset in rescue efforts and urged approval of this project. Mayor Unsworth asked those in opposition to Conditional Use Permit 83-12 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:01 p.m. Council questions and discussion followed. Mr. MacMurray asked if the starting time could be changed to 8:00 a.m. instead of 7:00 a.m. Mr. Kemp stated there are no unmuffled engines on hovercraft and therefore the early start would not create problems. Mr. Torn questioned recommended deletion of Conditions No. 14, 15 and 16, related to street improvements on Corydon Road. He is concerned with per- mitting a commercial project to go in without requiring improvements. He requested staff to research to see if there is an agreement already in existence which defers these street improvements. Mayor Unsworth questioned deletion of Conditions No. 23 and 28. The applicant is not the property owner and cannot dedicate water rights to the City. Mr. Kemp stated it was his understanding that the owner would dedicate the water rights. It would be the applicants responsibility to get the owner to agree to dedicate these water rights. Mr. Knight questioned Condition No. 26 and was concerned about problems created by changes in the lake level, with regard to the proposed corridor of operation. --- MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-12, SUBJECT TO THIRTY (30) CONDITIONS - CONDI- TION NO. 25, PUBLIC SAFETY FEES TO BE $600, ONE-HALF POLICE AND ONE-HALF FIRE. :l.~~ Page five City Council Minutes December 13, 1983 PUBLIC HEARINGS - Continued. 32. General Plan Amendment 83-1 Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for General Plan Amendment 83-1. Staff has recommended this be continued to December 27, 1983. r- MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF GENERAL PLAN AMENDMENT 83-1 TO DECEMBER 27, 1983. 33. General Plan Amendment 83-2 Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for General Plan Amendment 83-2. Staff has recommended this be continued to December 27, 1983. .XJ r. t-- '~ ~ o MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF GENERAL PLAN AMENDMENT 83-2 TO DECEMBER 27, 1983. 34. General Plan Amendment 83-3 Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for General Plan Amendment 83-3. Staff has recommended this be continued to December 27, 1983. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF GENERAL PLAN ~1ENDMENT 83-3 TO DECEMBER 27, 1983. 35. General Plan Amendment 83-4 r-- Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of General Plan Amendment 83-4. Staff has recommended this be continued to December 27, 1983. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF GENERAL PLAN AMENDMENT 83-4 TO DECEMBER 27, 1983. 36. General Plan Amendment 83-5 Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for General Plan Amendment 83-5. Staff has recommended this be continued to December 27, 1983. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF GENERAL PLAN AMENDMENT 83-5 TO DECEMBER 27, 1983. BUSINESS ITEMS 51. Conditional Use Permit 83-9 - Ultralight Flight Park - Ed Snyder. Mr. Trevino reported that at the last meeting he was instructed to meet with the applicant to review the conditions of approval. These have been negotiated and certain conditions revised as follows: - 3. Application shall be for a period of three (3) years, subject to annual reviews - conditions may be added each year. 16. Pay equitable vehicular traffic safety mitigation (signalization) fee. The fee to be recommended to Council is approximately $6,000.00, payable $2,000 at the end of the first ear from date of a roval of the Conditional Use Permit, 2,000 for the second year, and 2,000 for the third year. 17. Assist the City in forming a Lighting and Landscaping District, based on a formula per square foot of actual use. 18. DELETED. :t~4 Page six City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 51. Conditional Use Permit 83-9 - Ultralight Flight Park - Ed Snyder - Continued. 19. Applicant to contribute $18,000.00 to street improvements on Mission Trail, because applicant utilizes a large property with no direct frontage, but the use of streets by applicant will generate traffic and cause con- gestion on streets. The burden for off-site improvements on Mission Trail should not fall entirely onto the lots fronting on Mission Trail. The recommended contribution to Mission Trail off-site improvements is based on the following rationale: The total cost of off-site improvements to street centerline of a planned 76 foot roadway for 1,400 foot frontage from Campbell Street to Malaga Street is $144,000.00. These improvements include paving, curb and gutter, sidewalk, street lighting and improved drainage. It is assumed that applicant should contribute one-eighth, or $18,000.00 of the cost of these future off-site improvements to the centerline of Mission Trail. It is proposed that the $18,000.00 be paid over a three-year period at $6,000.00 per year. 22. Pay Public Safety and Capital Improvement fees: ... Public Safety Fees: $ 217.00 Capital Improvement Fees: Street Capital Improvement Fee: Park Capital Fee: Storm Drain Fee: $30,000.00 Deleted Deleted Mr. Trevino stated that the applicant is in agreement with the revised condi- tions, however, cannot pay any portion of the fees until the end of the first year. Ed Snyder, applicant, stated they are in agreement with all conditions with ___ the exception of Condition No. 19. They do not feel their operation will impact on Mission Trail. Lengthy Council discussion ensued regarding all aspects of the revised conditions. Mrs. Valenzuela voiced concern regarding the lack of consistency of conditions applied to various projects. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-9, SUBJECT TO THE NEGOTIATED CONDITIONS, SUBJECT TO SEMI-ANNUAL REVIEWS. Mrs. Valenzuela stated that the ultralight business, as well as the hovercraft operation are tremendous assets to the Valley, especially with regard to emergencies. Both ultralight and hovercraft have been very active in City and County emergency services. 52. Request for Extension of Time - Tentative Tract Map 14639. Mr. Trevino reported that this is a request for extension of time for Tenta- tive Tract Map 14639, for an eighteen month time period. This project is a subdivision of thirty-seven (37) acres into sixty-three (63) single-family lots, located at the intersection of Washington Avenue and Rancho La Laguna Road. The map was originally approved by Council on June 10, 1980 with seventeen (17) conditions of approval. On November 24, 1981, Council granted a one-year extension subject to three (3) additional conditions. On Nov- ... ember 9, 1982, Council granted a one-year extension of time subject to five (5) additional conditions. Planning Department recommends approval of Tentative Tract Map 14639 for eighteen months, subject to the following cond iti ons: 1. Lincoln Avenue shall be turned and realigned along the south boundary of this proposed subdivision. The centerline of Lincoln Street will be on the tract boundary toward the west end of the subdivision. A precise alignment for Lincoln Avenue shall be prepared by developer's engineer and approved by the City. ~a~ Page seven City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. ----- 52. Request for Extension of Time - Tentative Tract Map 14639 - Continued. 2. Provision must be made for the extension southerly of Rancho La laguna Road to intersect lincoln Avenue. Without this extension there will not be adequate access to this proposed subdivision. Provide a bond to the City in an amount sufficient to acquire the 60-foot right-of-way and to construct a street from the tract boundary to Lincoln Avenue, in- cluding construction of the intersection and street improvements to the east which have been constructed in connection with Tract 16062. This extension of Rancho la laguna Road to lincoln Avenue shall include con- struction of the easterly half to ten (10) feet westerly of the center- line. The City will consider use of eminent domain proceedings to acquire the street right-of-way outside of the tract boundary. 3. lincoln Avenue shall be turned and realigned along the south tract boun- dary. Dedicate to provide a 50-foot one-half street right-of-way for Lincoln Avenue within the tract boundary. This 50-foot right-of-way conforms with the width for Lincoln Avenue provided with Tract 16062 to the east. ~ ~ ~ ~ o o 4. Construct complete street improvements to City standards at 38 feet from centerline to curbline, with a 50-foot one-half street right-of-way. Construct 8-foot sidewalk on lincoln Avenue. 5. Dedicate to provide for 60-foot right-of-way on all interior streets. ----- Construct curb and gutter 20 feet from centerline in the 60-foot wide right-of-way. Construct five-foot wide sidewalk separated from curb. Across the frontage of existing Tract 16062, the full width 50-foot dedication and 40-foot curb-to-curb roadway must be provided with the necessary transitions. 6. Construct a 35-foot wide one-half street in the existing 60-foot right- of-way along Washington Avenue, to City standards. Street construction shall be 5 feet past the easterly centerline of Rancho La laguna Road. The subdivision boundary shall be adjusted. A very large watershed to the north and west discharges storm water run-off to and through this proposed subdivision. The storm water run-off must be intercepted and conveyed through the subdivision and along perimeter streets and discharged downstream in an approved manner such as not to expose the City to liabilities. Location and adequacy of drainage facilities must be approved by the City with advice from the Riverside County Flood Control District. ..... The drainage swales or earth channels in the drainage easements shown on the tentative map do not discharge at the location of the drainage swale through the downstream existing Tract 16062. There is no indi- cation of how the drainage will be conveyed under Rancho La laguna Road. The City will not accept the drainage easements as that implies maintenance responsibility for City of unimproved channels and increased liability. There must be established a legal vehicle to place ownership and maintenance of the drainage easement on the property owners in this subdivision. The 60-foot flood control easement will be owned and controlled in a similar manner by the homeowners unless the Flood Con- trol District is willing to take dedication of this flood control easement along the alignment proposed. The developer must bear the cost of building an off-site drainage facility for 100-year storm from the northerly corner of the intersection of Lincoln Avenue and Machado Street, along Machado Street, to improved McVickers Leach Drainage Channel. This construction must include ade- quate discharge facilities at the point of connection to the McVickers Leach Channel. This construction includes extending a reinforced con- crete box across Machado Street. This drainage facility shall be a reinforced concrete box which can be placed underground in the street right-of-way or in an easement adjacent to the street. The design of this drainage facility must be approved by the Flood Control District. ':tat) Page eight City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 52. Request for Extension of Time - Tentative Tract Map 14639 - Continued. 6. (continued) Hold harmless and indemnification statements to protect the City from storm drainage damage claims shall be obtained and recorded as required by the City Attorney. The City will enter into a reim- bursement agreement with this developer to provide for future developers in the watershed who require discretionary approval to participate in the cost of this off-site drainage facility. 7. Provision shall be made for sewage disposal as approved by the City, the County Health Department and the Regional Water Quality Control Board. 8. Provide and install traffic signing and striping as required by the City Engineer. Pay all capital improvement fees. 9. Provide fire protection facilities as required by the County Fire De- partment. - 10. Comply with the current adopted edition of the Uniform Fire Code. 11. The two parcels totalling 15~ acres (marked NOT A PART OF TRACT 14639) shall be accepted in lieu of park fees. Developer shall bear the cost to develop the park. Developer shall submit a specific plan for park development (minimal recreational facilities) to the City for approval, prior to recording the final map of this subdivision. The developer shall provide a legal vehicle which will provide for homeowners bearing the cost of maintenance of the park site. 12. Developer shall pay all required school district fees. 13. The agreement shall be recorded. 14. Provide and bear the cost of an Environmental Impact Statement and the required subsequent Environmental Studies required. Developer shall comply with all additional conditions resulting from the City-approved environmental studies. ..... 15. Bear the cost of providing a left-turn lane on Machado Street at Zieg1inde Drive and at Joy Street to provide for this added traffic and because the offset of Zieg1inde Drive and Joy Street is substandard. Provide resurfacing of the added traffic lane needed across the frontage of Machado Park to accommodate this left-turn lane. 16. Pay an equitable traffic safety mitigation fee for traffic signal installa- tion in the amount of $20,000. 17. Provide emergency access to St. Pierre Lane as requested by the City Engineer. This is needed until such time as Rancho La Laguna Road is constructed through to Lincoln Avenue. Bob Vatcher, the developer, stated he needed clarification on some of the conditions which have been added: Condition No.2 - Condemnation proceedings would have to be initiated in order to extend Rancho La Laguna Road to Lincoln Avenue. He questioned how long this would take and if approval would have to be delayed until completion of condemnation proceedings. John Porter stated the proceedings could take up to two years. Developer must reach an agreement with the City to pursue the eminent domain action and post bond for all costs in connection with the acquisition. Condition No.6 - Developer to bear the cost of building an off-site drainage facil ity for 100-year storm from the northerly corner of the intersection of Lincoln Avenue and Machado Street, along Machado to improved McVickers Leach Drainage Channel. This requirement could result in an expenditure of $650,000. Mr. Vatcher feels this is a regional problem and should be shared by other developers in the area. The County approved a tract adjacent to -- ~5'd Page nine City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 52. Request for Extension of Time - Tentative Tract Map 14639 - Continued. this one which has created serious drainage and water run-off problems at Machado and Lincoln. ,.-. Norm Rubel stated that with the existing drainage problems in this area, Council should not approve this development unless adequate drainage facilities are provided. The City will cooperate with the developer and enter into a reimbursement agreement to provide for future developers in the watershed to participate in the cost of this off-site drainage facility, to help recover the cost. Council discussed alternatives to underground drainage channel which Engineering is recommending. City Engineer agreed to work with the developer on alternative solutions. oX:; l'- I:'-" '-:J o o Condition No. 11 - Mr. Vatcher requested the last sentence of this condition 'developer shall provide a legal vehicle which will provide for homeowners bearing cost of maintenance of the park site', be deleted. Condition No. 14 - Mr. Vatcher stated that environmental concerns were taken care of with the initial approval of the tract map. John Porter stated this is a normal requirement on extensions of maps. r-- MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE EXTENSION OF TIME FOR TENTATIVE TRACT MAP 14639 FOR EIGHTEEN (18) MONTHS, SUBJECT TO THE FOLLOHING REVISIONS OF CONDITIONS: CONDITION NO.2: INCLUDE: 'DEVELOPER TO REACH AGREEMENT WITH CITY TO PURSUE EMINENT DOMAIN ACTION AND POST BOND FOR ALL COSTS OF ACQUISITION. CONDITION NO.6: INCLUDE: 'THIS CONSTRUCTION INCLUDES EXTENDING A REIN- FORCED CONCRETE BOX OR ACCEPTABLE ALTERNATIVE'. ADD TO LAST SENTENCE: 'OR MEANS ACCEPTABLE TO CITY COUNCIL'. CONDITION NO. 11: DELETE LAST SENTENCE. CONDITION NO. 14: CHANGE: 'ENVIRONMENTAL IMPACT STATEMENT' TO 'ENVIRONMENTAL ASSESSMENT' . COUNCIL RECESSED AT 9:29 P.M. COUNCIL RECONVENED AT 9:42 P.M. 53. Tract Map No. 15943 - 16523 Joy Street - Reden Mr. Porter reported that he had met with staff and Mr. Reden and his Attorney and reviewed this project. A decision was made to pursue a General Plan Amendment so that Council could properly review and determine what needs to be done to benefit this project. This project, General Plan Amendment 83-6, will be heard by Planning Commission on December 20 and come before Council on December 27, 1983. - Council concurred to approve staff recommendation and to receive and file this report. 54. Status Report - Geothermal Project Mr. Trevino stated that this was an update on the Geothermal Grant which the City received and projects \;-/e are currently involved in. He have made appli- cation to the State for additional $163,000 in grants. Dan Fissori, Energy Planner, reported on the progress of Lake Elsinore's Geothermal Program which began September 1,1983, and the benefits which the City can realize through development of Lake Elsinore's natural geothermal resources. The City is currently taking steps to assist a greenhouse opera- tor in establishing an operation utilizing geothermal energy. This green- 258 Page ten City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 54. Status Report - Geothermal Project - Continued. house project would become a demonstration project and a necessary component in our proposal and grant application for the Energy Commission Grant of $163,000. 55. Award of Bid for Library Addition. Counci1member Knight excused himself from consideration of this issue due to a possible conflict of interest, at 10:00 p.m. Mr. Trevino reported that on November 22, 1983, Council determined to delay the award of contract for this project until there is assurance that money will be available from the tax allocation bond issue. Attorney Gene Nazarek has written a letter indicating that, based on a letter from the bond under- writing firm of Birr-Wilson, all funds will be available in January, 1984 and recommends Council approve contract for proposed library construction. Staff recommends Council award the library expansion bid to the lowest respon- sible bidder, Mediterranean Construction Company and authorize the Mayor to sign the contract. -- MOVED BY MAC MURRAY, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION AND AWARD LIBRARY ADDITION CONTRACT TO MEDITERRANEAN CONSTRUCTION COMPANY IN THE AMOUNT OF $195,250. Counci1member Knight returned to the table at 10:06 p.m. 56. Clarification of Conditions of Approval for Parcel Map 16000. Mr. Rubel reported that on April 12, 1983, Council approved a one-year time extension for Parcel Map 16000 subject to twenty-five (25) conditions. The ~ Engineering Department received a letter from Judy Ferrenberg McGill, the applicant, requesting clarification of three of the conditions of approval. After reviewing this request, staff recommends as follows: 1. Approve elimination of Condition No. 20 - (Applicant shall form a Road Maintenance Assessment District.) 2. Revise Condition No. 19 as follows: Applicant shall sign a statement agreeing to participate in formation of a Lighting and Landscaping District. 3. Revise Condition No. 24 as follows: Applicant shall agree to an equitable traffic safety mitigation in the amount of $25,000. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIONS. 57. Deferral of Off-Site Improvements - Bailey Street. Mr. Rubel reported that, at present, there are three homes existing on Bailey Street and there are no existing street improvements from Dryden Street to Stoddard Street. The Engineering Department received a letter from Mr. Marshall Rayner requesting deferral of off-site improvements for a proposed single-family dwelling on Bailey Street, since no standard has been set by the City for these streets in the Country Club Estates area. Staff proposes ... that improvements be deferred subject to developer posting Surety Bond and signing standard lien agreement which provides that improvements be installed upon demand by the City. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE DEFERRAL OF OFF-SITE IMPROVEMENTS ON BAILEY STREET SUBJECT TO DEVELOPER SIGNING STANDARD LIEN AGREEMENT AND POSTING SURETY BOND. r- oX) l"" ~ '-::J o o ,.-- -- 25H Page eleven City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 58. Agreement with Fred Stokes for Sewer Service. Mr. Porter stated that Mr. Stokes has requested this item be continued for two weeks to allow him to check out cost of the bond which staff is proposing. Staff recommends approving this request. Council concurred to continue this item to December 27, 1983. 59. Request for Retaining Wall Encroachment into Street Right-Of-Way. Mr. Rubel reported that at 649 Mill Street, George Alongi constructed a retaining wall three (3) feet into the street right-of-way. The approved plans required the retaining wall to be nine (9) feet back of curb line, however, the wall was constructed six feet back of curb line. At their meeting of December 6, 1983, Planning Commission recommended that the retain- ing wall be allowed to remain. However, staff recommends denial of this request. Approval would commit the City to allowing a 44-foot right-of-way with 6-foot parkway along the remainder of Mill Street from Country Club Drive to High Street. George Alongi, the builder, presented pictures of the property and presented his arguments in favor of allowing the retaining wall to remain where located. Council discussion followed. Mrs. Valenzuela voiced concern regarding parkways and future cost to the City for maintenance of these parkways. Moved by Torn, seconded by Knight to require Mr. Alongi to remove the retaining wall at 649 Mill Street. Ayes: Torn, Knight Noes: MacMurray, Valenzuela, Unsworth Motion Failed. Since motion failed and the wall remains on public right-of-way, Mr. Porter and Council discussed alternatives to removing the wall. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO REVIEW AND BRING BACK ALTERNATIVE SOLUTIONS AND PREPARE POLICY STATEMENT THAT ADDRESSES THIS SAME ISSUE IN OTHER AREAS. 60. Request to Encroach into Street Right-Of-Way with a Retaining Wall - Heald Street. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANH.10USL Y ,TO CONTINUE FOR TWO WEEKS AND DIRECT STAFF TO REVIEH AND BRING BACK ALTERNATIVE SOLUTIONS. 7. (Removed from Consent Calendar) Request to Place Directional Sign at Graham and Poe Street. Mr. Rubel reported that the First Christian Church has requested permission to place a directional sign on the northeast corner of Graham and Poe Street in the street right-of-way. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO REFER TO STAFF FOR REVIEW. 61. Resolution of Intent - Kaufman and Broad, Inc. - Sewer Line Mr. Trevino reported that staff has had numerous meetings with Kaufman and Broad staff and their attorney. The purpose of the latest meeting on Decem- ber 9, was to determine whether or not an assessment district should be created for the construction of the sewer line, or whether we should seek a reimbursement agreement. It was decided that a Resolution of Intent appointing consultants was necessary and must be approved by Council. This will not bind the City in any way as Kaufman and Broad has agreed to pay all up-front costs. The necessity of forming an assessment district will be determined at a later date. ~60 Page twelve City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 61. Resolution of Intent - Kaufman and Broad, Inc. - Sewer Line - Continued. RESOLUTION NO. 83-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION OF INTENT APPOINTING CONSULTANTS, PROVIDED ALL MONIES ARE DEPOSITED UP FRONT BY KAUFMAN AND BROAD. ... 62. City Attorney Report - Edison Company Request. Mr. Porter reported that at the Council meeting of November 22, 1983, Mr. Bill Campbell of Southern California Edison Company addressed Council con- cerning the issue of municipal preference in re1icensing of hydroelectric projects and requested Council adopt a resolution supporting Southern Calif- ornia Edison Company in the re1icensing of two hydroelectric projects. Mr.. Porter has reviewed the materials from Mr. Campbell and spoke to repre- sentatives from the City of Vernon, the City of Riverside and the League of California Cities. Since this issue would have little, if any, effect on the City of Lake Elsinore at this time, he recommended this request be tabled indefinitely. The City may need to take a position at some later date, probably after the League of California Cities has presented it's findings. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO TABLE THIS REQUEST INDEFINITELY. REPORTS AND RECOMMENDATIONS ... Mr. Trevino reported that Elsinore Valley Municipal Water District is negotiating to purchase property for their sewer plant site. They are interested in 25 acres, however, it would be advantageous to the City for them to purchase 20 acres located on Chaney Street, adjacent to - our existing treatment plant. The re- maining five acres at this site would be needed for expansion of our present plant. Council concurred with staff findings. Mr. Knight referred to Business Item No. 52 - Tentative Tract Map 14639 - and commented that we should be more aware of developments which the County is approving. Tracts have been approved by the County around the fringes of the City which have created serious drainage and water run-off problems. A suggestion was made that when the Planning Department receives reports from the County regarding projects in our sphere of influence, these should be plotted on a map. When it is determined that a specific project will impact on the City, then we should send a representa- tive to the County Planning Commission meetings. Mrs. Valenzuela reported that she has attended two diaster meetings recently with the County. Last week, local agencies met and offered suggestions to take to the meeting on January 12 to be held in Sun City. She requested that another Council- member and the City Manager accompany her to that meeting. She thanked everyone who has helped her in putting together all the emergency and diaster preparedness information. Mr. Torn requested that the Planning staff put together a list of projects which ... they are currently processing, as well as any- serious discussions with developers regarding possible projects, so that Council can be better informed when they are questioned by residents of the Community. Possibly this information could be placed on the agenda for the next joint meeting with the Planning Commission. Mayor Unsworth requested that Special Permit 83-1 be brought back on the December 27 Council Agenda for reassessment of conditions pertaining to Highway 74/Riverside Drive. r- ~\jJ Page th i rteen City Council Minutes December 13, 1983 ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 11:11 P.M. ~ ATTEST: t-- ~ '-;:) ~ o r-- - ~ A ~v'-<.* JOH G. UNSWORTH, MAYOR CIT OF LAKE ELSINORE