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HomeMy WebLinkAbout08-24-1982 City Council Minutes`;3e CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY,,AUGUST 24, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:35 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman Torn. The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH t`- ABSENT: COUNCILMEMBERS: NONE t- ` � Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Planning Director Morrissey, City Engineer /Public Works Director Stevens, Finance Director Ronnow, Building Director Frazier and Administrative Assistant Steel. PRESENTATIONS /PROCLAMATIONS Frank DePasquale presented the City Council and Community with the City Flag signed by Jerry Brown, Governor of the State of California. Jerry Brown had previously signed the flag as Secretary of State, however his signature had faded with time. The City Council adjourned at 7:40 to the Redevelopment Agency Meeting. The City Council reconvened at 8:35 p.m. Mayor Unsworth announced that there are still vacancies on the City Boards and Committees. The newspapers have been very helpful in calling attention to those vacancies for the past 3 to 4 months and reminded everyone that applications are still being taken for the boards and committees. The following committees and boards have vacancies: 1. Public Safety Committee 2. Historical Preservation Committee 3. Mayor's Citizen Advisory Committee 4. Park Advisory Committee 5. Housing Advisory and Appeals Board CONSENT CALENDAR The following :items were removed from the Consent Calendar for discussion: 2, 3 and 8. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Minutes - July 27, 1982 - Approved as presented. r-- i 2. Parking Landscaping Area for 16676 Joy Street - Thee Embers. This item was removed from the Consent Calendar. 3. Claim - Nanette Cohn - This item was removed from the Consent Calendar. 4. Code Enforcement Officer Monthly Report - July, 1982 - Accepted as an informational item. 5. Building Department Activity Report - July, 1982 - Accepted as an informational item. rAniJ Page two City Council Minutes August 24, 1982 CONSENT CALENDAR - Continued. 6. De- energizing Nonessential Street Lights - Council delegated discretionary authority to the City Manager, or his designee, to authorize nonessential street lights to be de- energized. 7. Video Barn Request for Business License - Council authorized issuance of the business license with the following conditions: 1. No Adult - cassettes movies to be shown at business address and rental of Adult- cassettes to persons 21 years of age or older only; 2. Other conditions as may be imposed by the City Council. 8. Roberti - Z'berg Recreation Program Application - This item was removed from the Consent Calendar for further discussion. 9. Community Center Fees, Procedures & Regulations A. Resolution establishing Rates & User Fees for Center - Approved. RESOLUTION NO. 82 -59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REPEALING RESOLUTION NO. 81- 76 AND ESTABLISHING RATES AND USER FEES FOR THE LAKE COMMUNITY CENTER. B. Resolution establishing Rules, Regulations, Policies and Procedures governing the Lake Community Center - Approved., RESOLUTION NO. 82- 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REPEALING RESOLUTION NO. 81 -75 AND ESTABLISHING RULES, REGULATIONS, POLICIES AND PROCEDURES GOVERNING THE USE OF THE LAKE COMMUNITY CENTER. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Parking Landscaping Area for 16676 Joy Street - Thee Embers. Mr. Torn reported the original recommendation by the Planning Commission was to find that the exterior landscaping met the criteria for the interior landscaping and the Planning Commission recommended that the 10' x 20' interior landscaping be deleted from the approval. Mr. Torn felt that the landscape ordinance should be maintained. MOVED BY TORN, SECONDED BY KNIGHT, TO APPROVE THE ORIGINAL RECOMMENDATION OF THE PLANNING COMMISSION THAT THE COUNCIL DETERMINE THE 10'x20' INTERIOR LANDSCAPING AREA AS NECESSARY AND STAFF TO CLARIFY THE DEFINITION OF INTERIOR LANDSCAPING. Mr. Torn stated he has driven through the area and finds that there is no hazard in hbving a 10'x20' landscaping area and due to the aesthetics -of the building it is justified. Mr. Knight did not feel that having a 10'x20' island of ,.••� landscaping in the parking lot would be appropriate. Mr. Torn stated he would not have any objections to the 10'x20' island of landscaping being removed as long as it is relocated on the property. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO AMEND HIS MOTION TO INDICATE THAT THEY WILL WORK WITH STAFF TO PROVIDE FOR AN EQUIVALENT LANDSCAPE AREA EQUIVALENT TO THE 10,'.x20' SQUARE FEET AND PAVE THE ISLAND OF LANDSCAPING. Lau Page three City Council Minutes August 24, 1982 ITEMS REMOVED FROM THE CONSENT CALENDAR - Continued. 2. Parking Landscaping Area for 16676 Joy Street - Thee Embers. Hilda Barnhart, Planning Commissioner stated that the Planning Commission felt the 10'x20' landscape area was not necessary for the size of the parking lot. 3. Claim - Nanette Cohn Mr. Porter explained that the property involved in the claim is located at 202 North Riley Street which was damaged in the flooding, there was also further damage when the channel was dug out. Mrs. Cohn had a deed of trust on the property and feels because of the flood damage that her security in the property has been damaged. Mrs. Cohn -has filed a claim against the city in the amount of $100,000. Mr. Porter recommended the Council reject the claim and refer it to the attorney's office. tr MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY t`• TO REJECT THE CLAIM AND REFER IT TO THE ATTORNEY. 8. Roberti- Z'berg Recreation Program Application Mr. Rede reported the City recently learned that funds were available under the Roberti - Z'berg Act for park improvements. The applications need to be sent by October 1, 1982. Last year the city prepared applications for tennis court improve- ments around the community center and also recently staff has become aware that the funds which were budgeted for the Swick Field Improvements were not adequate. Mr. Rede recommended the City Council authorize staff to file the application for the Swick Field and Tennis Courts under the Roberti- Z'berg Urban Open Space and Recreation Program. ` MOVED BY VALENZUELA, 3ECONDEBBY MACMURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO FILE GRANT APPLICATIONS FOR SWICK FIELD AND TENNIS COURT IMPROVEMENTS. COUNCILMAN TORN WAS ABSENT FROM VOTING. PUBLIC HEARINGS 31. Master Street Alignment for Quail Drive and Zone Change #82 -1 Mr. Morrissey gave background information on the Master Street Alignment for Quail Drive and Zone Change #82 -1 based on a report to the City Council dated August 17, 1982. The Planning Commission recommends adoption of the master street alignment for Quail Drive with seven (7) conditions of approval. Mayor Unsworth opened the public hearing at 8:52 p.m. asking those in favor of the project to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the project. No one asked to speak. Mayor Unsworth closed the public hearing at 8:53 p.m. Mr. Knight asked staff why they recommend Plan 2 -A over 2 -B. Mr. Morrissey reported that initially staff wanted to buffer the commercial with the residential. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE MASTER STREET ALIGNMENT FOR QUAIL DRIVE WITH PLAN 2 -A WITH SEVEN (7) CONDITIONS OF APPROVAL. I Page four City Council Minutes August 24, 1983 BUSINESS ITEMS 51. Request for Waiver of Capital Improvement Fund Fees and Ordinance No. 572 Procedures: Roadrunner R.V. Park Mr. Morrissey gave background information on the request of Mr. Wood. Mr. Morrissey reviewed the proposed payment schedule stating that the staff does not know whether or not Mr. Wood paid the original fees. Mr. Torn asked the last recommendation by staff be changed to reflect de- Now ferral of street improvement construction provisions for Riverside Drive until initiated by the City. Mr. Frazier reported that other property owners along Riverside Drive have been tied into agreements pending approval of the street improvement plans by Caltrans. Moved by torn, seconded by Knight to approve Staff recommendation with a change reflecting deferral of street improvement construction provisions for Riverside Drive until requested by the City of Lake Elsinore. Motion failed to pass. Mr. Wood stated he was not in favor of staff recommendation. Al Wood, 31173 Kansas Street, Applicant, stated he is obligated to pay permit in the amount of $5,000 and is asking that the Capital Improvement Fees be waived. Mr. Wood stated he is a flood victim, and if it had not been for the flood he would still be in business. Mr. Wood is proposing a 102 space park which was the same amount of spaces before the flood. Ms. Valenzuela recommended withholding the applicant's requirement to pay capital improvement fees until his business has been re- established. Mr. Wood stated he did not have a problem with the storm water running "NO through his property. Mr. Wood reported that Select Nursery and himself have come to an agreement that Select Nursery would take care of all the nuisance water that may run through his property. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE CAPITAL IMPROVEMENT FUND FEES BE WAIVED, FOR ALL ITEMS EXCEPT SEWER AND THAT PERMITS BE COLLECTED WITH THE JUSTIFICATION OF THE COUNCIL BEING THAT MR.WOOD IS ONLY REBUILDING FLOOD DAMAGED PROPERTY AND APPROVE AN EXTENSION OF TIME FOR SIXTY (60) DAYS FOR SUBMITTAL OF STREET IMPROVEMENT PLANS AND OTHER REQUIREMENTS OF ORDINANCE NO. 572, AND DEFERRAL OF STREET IMPROVEMENT CONSTRUCTION PROVISIONS FOR RIVERSIDE DRIVE UNTIL INITIATED BY THE CITY OF LAKE ELSINORE, AND THAT MR. WOOD SIGN AN AGREEMENT FOR STREET IMPROVEMENTS ON RIVERSIDE DRIVE. 52. Gateway Annexation A. R -R -O (Rural Residential, Outdoor Advertising) District Mr. Morrissey gave background information on the need for the ordinance recommending approval of the ordinance and adopt a finding of no significant impact upon the environment, issuance of a nega- tive declaration, and direct staff to prepare a revised sign ordinance restricting construction of billboards along Highway 74. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO •••r READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 649 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.17, (R -R -O) RURAL RESIDENTIAL, OUTDOOR ADVERTISING DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A RURAL RESIDENTIAL, OUTDOOR ADVERTISING DISTRICT (R -R -O) ZONE FOR USE ONLY WITHIN THE AREA DESIG- NATED AS THE GATEWAY ANNEXATION AREA. 1aI Page five City Council Minutes August 24, 1982 BUSINESS ITEMS - Continued. 52. Gateway Annexation - Continued. A. R -R -O (Rural Residential, Outdoor Advertising) District - Cont'd. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 649, ADOPT A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT, ISSUANCE OF A NEGATIVE DECLARATION, AND DIRECT STAFF TO PREPARE A REVISED SIGN ORDINANCE RESTRICTING CONSTRUCTION OF BILLBOARDS ALONG HIGHWAY 74. B. Zone Change #82 -3 Mr. Morrissey gave background information on the Zone Change #82 -3 recommending the City Council certify the final EIR for Zone Change #82 -3 and the Gateway �j Annexation and issue a Notice of Determination which tr is to be filed with the County Recorder. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CERTIFY THE FINAL EIR FOR ZONE CHANGE #82 -3 AND THE GATEWAY ANNEXATION: AND ISSUANCE OF A NOTICE OF DETERMINATION TO BE FILED WITH THE COUNTY RECORDER AND APPROVAL OF THE ACTIVITY LIST. 53. Ordinance Restricting Unlawful Burning of Materials - 1st Reading. Mr. Frazier gave background information on the ordinance based on a staff report dated August 18, 1982. Mr. Frazier stated this ordinance will give more control on the perimeter of the lake. Discussion was held on the urgency of the ordinance due to the Labor Day Weekend and the number of incidental campers anticipated on the lake perimeter. Mr. Porter stated he could make this an urgency ordinance, however, needsadditional time to prepare the necessary wording. COUNCIL RECESSED AT 9:29 P.M. COUNCIL RECONVENED AT 9:40 P.M. Council concurred to go to item #54 to allow the City Attorney additional time to prepare the urgency ordinance restricting unlawful burning of materials. 54. Ordinance Pertaining to Planned Unit Development - 1st Reading Mr. Morrissey gave background information based on a report to the City Council dated August 10, 1982, recommending adoption of the ordinance and filing of the necessary environmental findings. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO READ BY TITLE ONLY. ORDINANCE NO. 652 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.37, PLANNED UNIT DEVEL- OPMENT OVERLAY DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, ESTABLISHING GUIDELINES AND REVIEW CRITERIA FOR PLANNED UNIT DEVELOPMENT PROPOSALS. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF THE ORDINANCE AND ADOPT A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT AND ISSUANCE OF A NEGATIVE DECLARATION. Page six City Council Minutes August 24, 1982 BUSINESS ITEMS - Continued. 54. Ordinance Pertaining to Planning Unit Development - 1st Reading. Roll Call Vote on Motion: AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE Council concurred to return to Item #53. 53. Ordinance Restricting Unlawful Burning of Materials - 1st Reading. Mr. Porter presented copies of the proposed urgency ordinance to the Council stating it would have to be read in full with a 4 /5ths vote being required for adoption. MOVED BY TORN, SECONDED BY VALENZUELA TO HAVE THE ORDINANCE READ IN ITS ENTIRETY. The City Clerk read the ordinance in its entirety, however only the title is shown below. ORDINANCE NO. 650 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING SECTION TWO OF ORDINANCE 355 AND LAKE ELSINORE MUNICIPAL CODE SECTION 8.20.020 CONCERNING THE BURNING OF COMBUSTIBLE OR FLAMMABLE MATERIALS AND DECLARING THE ORDINANCE TO BE AN URGENCY ORDINANCE TO TAKE EFFECT IMMEDIATELY. MOVED BY TORN, SECONDED BY VALENZUELA TO ADOPT URGENCY ORDINANCE NO. 650. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE Mr. Knight asked if this ordinance precludes people from using rolled up newspapers in fireplaces. Mr. Porter stated that this ordinance is mainly directed towards outdoor fires. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READING THE FOLLOWING ORDINANCE BY TITLE ONLY. ORDINANCE NO. 651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING SECTION TWO OF ORDINANCE 355 AND LAKE ELSINORE MUNICIPAL CODE SECTION 8.20.020 CONCERNING THE BURNING OF COM- BUSTIBLE OR FLAMMABLE MATERIALS. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 651. AYES: KNIGHT, MACMURRAY, NOES: NONE ABSENT: NONE TORN, VALENZUELA, UNSWORTH "NO ar :6b 43 Page seven City Council Minutes August 24, 1982 BUSINESS ITEMS - Continued. 55. Ordinance - Zone Change #82 -4 - 1st Reading. Mr. Morrissey gave background information on the Zone Change #82 -4 recommending adoption of the Ordinance. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REZONING CERTAIN PROPERTY FROM R -1 (SINGLE - FAMILY) TO R (RECREATION). MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 653. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 56. Resolution - Alternatives to Publishing Entire Ordinances Mr. Porter reported that since the city does not have a newspaper which is printed and published in the City, the Government Code allows the City a couple of alternatives: 1) that the ordinances may be posted in at least three public places within the corporate limits of the city or 2) the City may publish summaries of proposed and adopted ordinances. Mr. Porter recommended the ordinances be posted at City Hall in the City Clerk's Office, Lake Community Center and the Library. L Mr. Torn stated he was not comfortable with saying the paper is not printed and published in the City. Mr. Porter stated in light of this fact he would need to change some of the wording in the Resolution. Council concurred to take up the next item in order to allow the City Attorney the additional time to make the necessary changes. 57. Ordinance - Specific District Mr. Morrissey gave background information on the proposed ordinance recommending the Council adopt the Specific Plan District Ordinance subject to review and approval of the City Attorney, and adopt a finding of no significant impact upon the environment and issuance of a negative declaration. Mr. Strozier, reviewed the proposed ordinance section by section answering any questions of the city council. �— MOVED BY TORN, SECONDED BY VALENZUEL'A, AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING A SPECIFIC PLAN DISTRICT DELINEATING REVIEW AND PROCESSING PROCEDURES FOR DIVERSIFIED LAND USE PROJECTS. 264' Page eight City Council Minutes August 24, 1982 BUSINESS ITEMS - Continued. 57. Ordinance - Specific Plan District Mr. Knight asked that page four of the ordinance, line 24, "where feasible" be deleted from the ordinance. Mr. Knight would like to have all the electrical and utilities underground. Mr. Stozier stated that there are certain types of electrical I equipment that can not be placed underground. i Mr. Porter recommended the following wording included in Section H: "Shall be placed underground unless otherwise permitted by the City Council ". Council concurred to include the City Attorney's amended language into the ordinance. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 654. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE Council concurred to return to Item #56. 56. Resolution - Alternatives to Publishing Entire Ordinances - Continued. Mr. Porter reported that this resolution will provide for summaries of ordinances to be published. The resolution provides for the City Clerk to prepare ordinances, or another official designed by the City Council. The City Council may direct that a specific Ordinance be published in its entirety. The procedure in the case of a normal ordinance .�. is that- five (5) days prior+ to the second reading, the summary of the proposed ordinance be published in the newspaper. Then within fifteen days after the adoption of the ordinance the same summary is published. In most cases, the title will be the summary, with little additional work involved. The code also provides that if the ordinance is complicated and the summary does not give an adequate idea of the ordinance, the city can purchase a quarter -page advertisement explaining why it is too hard to summarize, give some details and invite the public to come into city hall to review the ordinance. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADOPT THE RESOLUTION. - RESOLUTION NO. 82 -61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA PROVIDING FOR THE PUBLISHING OF ORDINANCE SUMMARIES IN ACCORDANCE WITH GOVERNMENT CODE SECTION 29633 (c). 58. Bids for Swick Park Improvements Mr. Stevens gave background information on the bids for the Swick Park Improvements recommending the City Council reject all bids m received for the Swick Park and authorize the City Clerk to re- advertise the Notice Inviting Bids for an adjusted scope of work. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO REJECT ALL BIDS AND AUTHORIZE THE CITY CLERK TO RE- ADVERTISE THE NOTICE INVITING BIDS FOR AN ADJUSTED SCOPE OF WORK. M r� 265 Page nine City Council Minutes August 24, 1982 BUSINESS ITEMS - Continued. 59. Animal Control Ordinance - Sentry Dogs Mr. Porter reported that when the latest animal control ordinance was adopted, a provision was not included to cover guard or sentry dogs. The proposed ordinance requires that signs be posted where sentry dogs are located. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ORDINANCE NO. 655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 641 AND LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.06 CONCERNING CONTROL OF DOGS AND REQUIRING POSTING OF PRESENCE OF SENTRY DOGS. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 655. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE OFF- AGENDA ITEM 60. Addendum to Specifications f-or Hand Held Radios and Base Station Relocation. Mr. Frazier gave background on the need for the addendum to the specifications for the hand held radios. Mr. Frazier recommended approval of the addendum to include Supervisory/ Master Control Remote Unit for City Hall and Remote Unit for the City Yard. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE ADDENDUM TO THE SPECIFICATIONS FOR HAND HELD RADIOS AND BASE 'STATION RELOCATION. 61. City Yard Security Fencing Mr. Stevens reported there have been break -ins at the City Yard and asked the Council to authorize an Emergency Bid Process for security fencing at the City Yard. Mr. Porter stated he would feel more comfortable with the formal bid process on the fencing of the city yard. Mr. Porter asked the Council if he could speak to this matter in Closed Session. PUBLIC COMMENTS Johnny Pearson, representing the people in Country Club Heights, presented a petition from people in Country Club Heights and other areas of the city regarding the Street Light Standards asked the Council to cease removal of all old original light standards in �. Country Club Heights. The petition called for all the light standards that have already been removed by MBC Constructors to be returned to the City for the purpose of being re- installed in their original places. Mr. Pearson stated he has a resolution from the Lake Elsinore Valley Historical Society stating its opposition to the removal of any and all light standards. 26 Page ten City Council Minutes August 24, 1982 PUBLIC COMMENTS - Continued. Wayne Clement, resident in Country Club Heights, stated he is a member of the Historical Society and would like all removal of the street lights stop Tom Byrd, 16908 Grand Avenue, asked what the city is doing on the flood control ditches. Mr. Rede reported that the City is in the process of appraising the property in order to get 20 feet of right -of -way to use to get into the channel to clean and maintain the channel. Mr. Rede indicated that the Army Corps of Engineers may complete their study report on the channel sometime in 1983. The Army Corps of Engineers plans at sometime in the future to develop a flood control channel,, At this time the city is mainly interested in maintaining the channel and keeping it free from rubbish and mosquitos. Diane Kelly expressed her concern on the street lights and asked that the removed street lights be returned. Lee Allen expressed concern about the water situation, and the health of the people in Lake Elsinore because of the poor water. Charlotte Bredlau, 17912 Skyline Drive, Lake Elsinore, stated her objections to the removals of the street lights. Ms. Bredlau stated her intentions to submit a,:claim to the city and future plans to file a class action suit against the city. Bill Turner, Lake Elsinore, stated he has a wired street light and does not want it removed. Eugene Carter, Lake Elsinore, asked what has happened to the records on the street lights. REPORTS AND RECOMMENDATIONS }: Mr. Morrissey reported that he has met with the Board of Realtors on the General Plan and would like to meet again on the other elements to the General Plan. Mr. Morrissey also reported that information has been compiled into a report on the lake bottom for a future City Council Study Session. Ms. Valenzuela reported that the curb has been painted in front of the Post Office,for people dropping off mail., however,the curb in front of the First Trust Bank has not been painted. Mr. Knight stated that the Tilley Agreement was to have been checked into by the City Attorney some time ago, Mr. Knight wanted to know if anything had come out of it. Mr. Porter stated that there have been a couple of opinion letters written on the matter. The Tilley agreement has two clauses: 1) We have the right to maintain the outflow channel (but it does not state we have the duty); 2).The City is prohibited from doing anything that would affect the surface level of the lake. Mr. Porter stated that E.V.M.W.D. has interpreted this clause as to not be in effect during emergencies such as the 1980 flood. Mr. Porter stated he would look into the matter further. Mr. Knight asked if there was a reason why the street signal has not been installed at Railroad Canyon and Mission Trail, other than the fact we are waiting for the traffic control part. Mr. Stevens stated the signal could be installed without the triggering device and utilize poles which are put up under a fixed signal system. Mr. Unsworth asked the City Manager or City Attorney to check the validity of the city's proposed Historical Preservation Committee, a couple of months ago, and now there is a self- appointed Historical Committee which does not contain all the citizens in the city. �P F: PON 'a Page eleven City Council Minutes August 24, 1982 CLOSED SESSION Council adjourned into Closed Session at 11:18 to discuss matters pertaining to litigation. Council reconvened at 11:57 p.m. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT THE CITY MANAGER BE AUTHORIZED TO GO TO BID FOR THE FENCING AT THE CITY YARD. An,]nI IRNMFNT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 11:58 P.M. ATTEST: J04N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE 267