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HomeMy WebLinkAbout09-28-1982 City Council Minutes1280 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 28, 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 7:33 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman MacMurray. DOI I rAl 1 The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Planning Director Morrissey, Finance Director Ronnow, Building Director Frazier, City Engineer Rubel, Administrative Assistants Steel and Foster. CONSENT CALENDAR MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE •ow 1. Minutes - September 14, 1982 - Approved as presented. 2. Resolution No. 82 -64 - Approved designating Lawrence R. Ronnow, Finance Director, or his successors, as the authorized local agent of the City of Lake Elsinore for obtaining Federal Finance Assistance under Public Law 93 -288. 3. Resolution No. 82 -65 - Proclaiming November as "Veterans Call to Unity Month ", approved. 4. Resolution No. 82 -66 - Proclaiming October 3 - 9, 1982, as "Fire Prevention Week ", approved. 5. Resolution No. 82 -67 - Approved establishing the Historical Preservation Commission. 6. Resolution No. 82 -68 - Approved providing for the abatement of rubbish and other nuisance materials within the outflow channel. 7. Activation of Street Improvement Agreement for 607 Limited Avenue, Approved instructing staff to give written notice to the property owner of 607 Limited Avenue to install street improvements in accordance with Agreement dated July 7, 1981. 8. Heald Street Sewer - Notice of Completion - Approve the filing mow of the Notice of Completion on the Project known as the Construction of the Heald Street Sewer by Jan G. Earnest Construction Company. 9. Thermal Electronics - Certificate of Occupancy /Agreement for Completion of Improvements - Approved agreement for completion of Landscaping and Grading, plus submission of a Certificate of Final Grading, upon completion of Street Improvements by City's contractor for Minthorn Street and authorized issuance of permanent Certificate of Occupancy after return of signed and notarized agreement. 281 Page two City Council Minutes September 28, 1982 CONSENT CALENDAR - Continued. 10. Claim - Charlotte Bredlau - Rejected and referred to the City Attorney. ,11. Claim - George E. Nyiri and Julia Nyiri - Rejected and referred to the City Attorney. 12. Claim - Ann Fouts and Lorraine Tice - Rejected and referred to the City Attorney. i 13. Building Department Activity Report - August, 1982, - Accepted as an informational item. 14. Set for Public Hearing on Cctober 26, 1982: A. Zone Change #82 -6 itJ B. Conditional Exception Permit #82 -3 00 PUBLIC HEARINGS L- � 31. Zone Change #82 -7: Michael Grinel, Northwest of San Jacinto. Q Road and Frontier Drive. Mayor Unsworth announced that this was the time and place for a Public Hearing on the proposed Zone Change #82 -7. Mr. Morrissey gave background information on the zone change request stating the applicant is proposing a zone change for two (2) adjacent properties of which one (1) is under his ownership. The applicant presently has C -1 (Limited Commercial) and C -2 (General Commercial) zoning with the desire to have only C -2. Mr. Grinel's portion proposes, to rezone .51 acres of C -1 property to C -2. The adjacent property owner, Mr. Benner, I proposes to rezone .67 acres of C -2 property to C -1 property. I The Request is in conformance with the existing and proposed General Plans. The zoning will allow Mr. Grinel to construct a three -story or 45 foot high structure in the C -2 zone as opposed to the 35 foot two -story structure allowed in the C -1 zone. Mayor Unsworth opened the public hearing at 7:36 asking those in favor of the project to speak. Mr. Grinel, 22709 Calcutta, spoke in favor of the project and offered to answer any questions of the Council. 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 7:38 p.m. Mr. Morrissey answered questions from the Council regarding billboard signs stating this would fall under the Sign Ordinance. r-- ! MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE #82 -7, SUBJECT TO FOUR CONDITIONS. AYES: KNIGHT, MACMURRAY, NOES: NONE ABSENT: NONE CONDITIONS OF APPROVAL: TORN, VALENZUELA, UNSWORTH 1. Adoption of Ordinance implementing zone change. 2. A finding of conformity to existing and proposed General Plan. e 3. A finding of no significant impact upon the environment. 4. Issuance of a Negative Declaration. 282 Page three City Council Minutes September 28, 1982 BUSINESS ITEMS 51. Tract #14450 - Request for Extension of Time Mr. Morrissey gave background information on the request for extension of time stating the tract map will expire on October 22, 1982, unless continued. Mr. Morrissey recommended approval of the extension of time for one (1) year subject to five additional conditions of approval. NNW 1. Deed all ground water rights for tract to City of Lake Elsinore. 2. Applicant to form landscaping and lighting assessment district. 3. Applicant to form street maintenance district. 4. Applicant to enter into an agreement with the Elementary and High School District to off -set overcrowding. 5. Pay all applicable public safety fees. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE ONE YEAR EXTENSION OF TIME ON TRACT #14450 SUBJECT TO THE FIVE (5) ADDITIONAL CONDITIONS OF APPROVAL. 52. Butterfield Equities - Waiver of Conditional Use Permit Mr. Morrissey gave background information on the request for waiver of the conditional use permit. Staff recommended the applicant request the waiver of the conditional use permit process because of the temporary nature of the buildings to be placed on the property. There are permanent structures proposed for the site. Mr. Morrissey recommended the re- quirements under Ordinance No. 572 be waived until Caltrans can complete the reviewof the street improvement plans. Mr. Morrissey also recommended that agreements be prepared for Wisconsin and Lakeshore Drive whereby the city could call them in at such time as the street improvement plans are returned by Caltrans. Mr. Morrissey recommended a finding that due to the on -site improvements proposed and the nature of construction techniques to be utilized, that a conditional use permit for the temporary Butterfield Equities Savings and Loan Bank, northeasterly of Lakeshore Drive and Riverside Drive, is not necessary. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION WITH THE ADDITIONAL SENTENCE THAT AS A CONDITION OF THE WAIV;ER, IT BE SUBJECT TO AN EIGHTEEN MONTH PERIOD WITH SIX MONTH EXTENSION AND APPROVAL OF THE IMPROVEMENT AGREEMENTS. 53. Edward A. Snyder - Conditional Use Permit #81 -17 Review Mr. Morrissey gave background information on the Conditional Use Permit stating the Planning Commission recommends the Conditional Use Permit #81 -17 be found in compliance with all City Council conditions of approval and that it be subject to a six (6) month review, or the final actions of the Planning Commission /City Council Joint Study Session, whichever one occurs first. Mr. Morrissey felt one issue which was discussed by the City Council /Planning Commission Joint Meeting held on August 25, 1982, was the potential grouping of all ultralight activities within """ the existing ultralight park. This would not only concentrate the ultralight activities, but provide for greater enforcement of City Codes and conditions. Mr. Snyder, 603 Lucerne, Lake Elsinore, stated he would like to be relieved of the condition requiring a wood fence and instead be authorized to put up a chain link fence not only for the 20 acres ut for the entire property when the new CUP is approved. a Ms. Valenzuela asked if the fence at any time hindersaccess to the lake off Lucerne Street. Mr. Finburg stated it would not. Page four City Council Minutes September 28, 1982 283 BUSINESS ITEMS - Continued. 53. Edward A. Snyder - Conditional Use Permit #81 -17 Review - Continued. Mr. Unsworth clarified that the only item the Council is considering was the fence and the fire department requirements. Mr. Torn asked Mr. Finburg if he is also running a camping area. Mr. Finburg stated he charges a fee for the people to park their ultralights on the grounds and they are allowed to stay with their planes overnight. Mr. Torn stated he did not see how they could also include camping under their Conditional Use Permit. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE SIX (6) MONTH EXTENSION OF CONDITIONAL USE PERMIT #81 -17, SUBJECT TO THE TEN (10) CONDITIONS, WITH CONDITION THAT THE APPLICANT TO BE ALLOWED TO USE CHAIN LINK FENCE RATHER THAN WOOD FENCING ON THE 20 ACRES AND THAT ALL THE ACTIVITIES ASSOCIATED WITH THE CONDITIONAL USE PERMIT BE ALLOWED ONLY ON THE 20 ACRES AND THAT CAMPING NOT BE AN ALLOWED USE AND THAT CAMPING OR ANY INDICATION OF CAMPING WILL BE GROUNDS FOR REVOCATION OF THE CONDITIONAL USE PERMIT.AND APPROVAL OF THE SALES TRAILER. Ms. Valenzuela stated she saw no problem with the camping on the site because of the number of self- contained vehicles which usually visit the area and the number of portable restrooms on the site. Mr. Porter stated under the present Conditional Use Permit, camping is not an allowed use. COUNCIL CONCURRED TO TAKE UP ITEMS 63 and 64. 63. Zone Change #82 -3: Gateway Annexation - Ordinance - First Reading, Mr. Morrissey recapped the pre- zoning of the Gateway Annexation by stating on August 10, 1982, the City Council reviewed the pre- annexation and adopted four existing County zoning districts. The City Council provided conceptual approval to the zone change subject to completion and certification of the final environmental impact report and accepted the Planning Commission's report establishing the appropriateness of the annexation and zone change procedures. The Council has held first readings on Ordinances 642 through 649 pertaining to the Gateway Annexation. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ORDINANCE NO. 658 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY TO INCORPORATE PRESENT COUNTY ZONING DISTRICT WITHIN THE GATEWAY ANNEXATION AREA. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 658. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 64. Revisions to Parking Ordinance - First Reading. Mr. Morrissey gave background information on the revisions to the parking ordinance stating the purpose of the amendments was to clarify vague areas of the ordinance, add necessary parking provisions for shopping centers and address Planning Commission concerns for interior landscaping. Staff recommends approval of the revisions to the Parking Ordinance, a finding of no significant impact upon the environment and adoption of a negative declaration. a Page five City Council Minutes September 28, 1982 BUSINESS ITEMS - Continued. 64. Revisions to Parking Ordinance - First Reading, Continued. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO READ ALL ORDINANCES TONIGHT BY TITLE ONLY. ORDINANCE NO. 659 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING PORTIONS OF ORDINANCE NO. 704, TO REVISE INTERIOR LANDSCAPING REQUIREMENTS AND TO PROVIDE SPECIFIC PARKING REQUIREMENTS FOR SHOPPING CENTERS. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 659. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT AND ADOPTION OF A NEGATIVE DECLARATION. COUNCIL CONCURRED TO TAKE UP THE REGULAR AGENDA. 54. Swick Park Improvements - Roberti - Z'berg Application Resolution No. 82 -69 Mr. Steel stated originally staff was going to submit two (2) applications one for the unfunded Swick Field lighting improve- ments and the other for the Commun.ity Center tennis courts. However, after discussions with the State Department of Parks and Recreation, staff recommends that only the Swick Field j application be submitted,and appropriate $30,000 from:the Parks Capital Improvement Fund for the City's matching committment. The most the city can apply for is $75,000.. The City is applying for $70,000 with a $30,000 match. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN SPACE PROGRAM FOR THE SWICK PARK IMPROVEMENTS. RESOLUTION NO. 82 -69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM. 55. City Yard Security Fence - Award of Contract Mr. Stevens stated at the meeting of August 24, 1982, the City Council approved plans and specifications for the construction of a security fence around the City Yard and authorized the publishing of the Notice Inviting Bids. This project was found to be necessary because of the many break -ins and thefts at the City Yard. Staff recommends awarding the contract to Harris Fence Company for the construction of the fence in the amount of $11,613.44. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AWARD THE CONTRACT FOR THE CITY YARD SECURITY FENCE TO HARRIS FENCE COMPANY IN THE AMOUNT OF $11,613.44. murk FA SAL Page six City Council Minutes Secptember 28, 1982 BUSINESS ITEMS - Continued. 56. Resolution No. 82 -70: Cooperation Agreement with Elsinore School District. Mr. Steel reported the Elsinore Union School District has presented a proposal to the City for consideration. This "— proposal wouldutilize the City's assistance to help with the addition of ten relocatable classrooms to Butterfield School site. The School District will be opening bids for this project in the near future. Jim Bartholomew, Elsinore Union School District, stated the major purposes for the School District in asking the City to pass this resolution was that the School is attempting to arrive at a finance mechanism that would insure that the State and local funds derived through developer's fees do not relieve the State of their obligation to fund schools. The School District feels that a third party arrangement rather tr than the School leasing the buildings directly is required. t_ Mr. Bartholomew felt this would benefit the City as well as the School District. ® RESOLUTION NO. 82 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,PROVIDING FOR COOPERATION BETWEEN THE CITY OF LAKE ELSINORE AND THE ELSINORE UNION SCHOOL DISTRICT TO FINANCE AND CONSTRUCT PUBLIC SCHOOL FACILITIES AND APPROVING IN CONCEPT A SUB- LEASING AGREEMENT WITH THE ELSINORE UNION SCHOOL DISTRICT. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82 -70. 57. Ordinance No. 657: Business License Fees - First Reading Mr. Foster gave background information on the business license stating the fees have not been revised since 1961. Staff is proposing a widely used practice of license groupings. These group categories are: general, skilled and professional, contractors, brokers, rentals, vending machines and miscellaneous. Discussions were led on what is considered to be an Arcade. Staff stated that if there are over 20 machines, it is considered to be an Arcade. Mr. Rede stated that staff intends to circulate the proposed fees on business licenses to the Chamber of Commerce. Discussion was led on the type of businesses covered under the ordinance and how code enforcement can insure that businesses obtain a license to do business within the city limits.. Council discussed having all the license fees based upon the area average except arcades, video games and swap meets. The City Clerk read the title of the Ordinance. ORDINANCE NO. 657 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING PORTION OF ORDINANCE NO. 399, ORDINANCE NO. 465, ORDINANCE NO. 521, AND ORDINANCE NO. 538, AND PORTIONS OF LAKE ELSINORE MUNICIPAL CODE CHAPTERS 5.08 AND 5.16 CONCERNING BUSINESS LICENSE FEES TO PROVIDE FOR NEW CATEGORIES TO COMPUTE APPLICABLE BUSINESS LICENSE FEES AND TO PROVIDE FOR A NEW MANNER BY WHICH SAID FEES ARE ESTABLISHED AND AMENDED. Wrow • 't Page Seven City Council Minutes September 28, 1982 BUSINESS ITEMS - Continued. 57. Ordinance No. 657: Business License Fees - Continued. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 657. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 58. Ordinance No. 651 - Second Reading: Burning of Materials The City Clerk read the title of Ordinance No. 651. 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 COMBUS- TIBLE OR FLAMMABLE MATERIALS. MOVED BY VALENZUELA, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 651. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 59. Ordinance No. 652 - Second Reading: Planned Unit Development The City Clerk read the title of Ordinance No. 652. "w 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 KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 652. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 60. Ordinance No. 654 - Second Reading: Specific Plan The City Clerk read the title of Ordinance No. 654 ORDINANCE NO. 654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANN LAKE ELSINORE, ESTABLISHING A SPECIFIC PLAN DISTRICT DELINEATING REVIEW AND PROCESSING PROCEDURES FOR DIVERSIFIED LAND USE PROJECTS. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 654. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE H ?7 Q Page Eight City Council Minutes September 28, 1982 BUSINESS ITEMS - Continued. 61. Ordinance No. 656 - Second Reading: Ramsgate The City Clerk read the title of Ordinance No. 656 ORDINANCE NO. 656 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING CERTAIN ZONING STANDARDS FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE RAMSGATE ANNEXATION AREA. AYES: KNIGHT, MACMURRAY, NOES: NONE ABSENT: NONE TORN, VALENZUELA, UNSWORTH 287 62. Ordinances pertaining to the Gateway Annexation - Second Reading The City Clerk read the titles of the following Ordinances: ORDINANCE NO. 642 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADOPTING CERTAIN ZONING STANDARDS FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. MOVED BY KNIGHT, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 642. AYES: KNIGHT, MACMURRAY, NOES: NONE ABSENT: NONE TORN, VALENZUELA, UNSWORTH ORDINANCE NO. 643 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.13 (A -1) LIGHT AGRICULTURE DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A LIGHT AGRICULTURE DISTRICT (A -1) ZONE FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. MOVED BY MACMURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 643. AYES: KNIGHT, MACMURRAY, NOES: NONE ABSENT: NONE TORN, VALENZUELA, UNSWORTH ORDINANCE NO. 644 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.15 (R -R) RURAL- RESIDEN- TIAL DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR RURAL - RESIDENTIAL DISTRICT (R -R) ZONE FOR USE ONLY WITHIN THE AREA DESIGNATED BY THE GATEWAY ANNEXATION AREA. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 644. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE Page Nine City Council Minutes September 28, 1982 BUSINESS ITEMS - Continued. 62. Ordinances pertaining to the Gateway Annexation - Continued. ORDINANCE NO. 645 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.18, (R -1 -G) ONE- FAMILY DWELLINGS DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A ONE- FAMILY DWELLING DISTRICT (R -1 -G) ZONE FOR USE ONLY WITHIN THE AREA DESIG- NATED AS THE GATEWAY ANNEXATION AREA. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNAN- IMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 645. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ORDINANCE NO. 646 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.51, (C -P -S) SCENIC HIGHWAY COMMERCIAL DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A SCENIC HIGHWAY COMMERCIAL DISTRICT (C -P -S) ZONE FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEX- ATION AREA. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNAN- IMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 646. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH •.r NOES: NONE ABSENT: NONE ORDINANCE NO. 647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IMPLEMENTING THE SURFACE MINING AND RECLAMATION ACT OF 1975. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 647. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ORDINANCE NO. 648 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REGULATING AND CONTROLLING THE LOCATION AND OPERATION OF HOG RANCHES AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR SUCH BUSINESSES WITHIN THE GATEWAY �.. ANNEXATION AREA, AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNAN- IMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 648. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE Cfl Page ten City Council Minutes September 28, 1982 BUSINESS ITEMS - Continued. 62. Ordinances pertaining to the Gateway Annexation - Continued. ORDINANCE NO. 649 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.17 (R -R -O) RURAL RESI- DENTIAL, 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. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 649. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 63 & 64 were taken up previously in the meeting. 65. Liquid Waste Disposal - City Attorney Report Mr. Porter discussed the previously set moratorium on business licenses. Recently staff has revised the fees for the dumping of liquid waste into the city's sewer system. The Supreme Court has made it impossible for municipalities to grant exclusive franchises for liquid waste. ,Mr. Porter recommended the Council direct staff to issue business licenses as normal and also direct staff to continue negotiations for "services in lieu of fees, unless it is determined that it is inappro- priate at this time. Mr. Porter addressed the issue of setting a moratorium on the issuance of new business licenses, stating the moratorium would only prohibit the issuance of business license when in fact the main problem was the impaction on the sewer system. Mr. Porter stated the City could limit the amount of sewer being disposed into the City's system by raising the cost of dumping sewer outside the city. Mr. Harding stated he would like to negotiate an agreement with the city for dumping liquid waste into the city's sewer system for services to be rendered to the city. Moved by Valenzuela, seconded by Unsworth to approve staff recommendation. The first and the second were withdrawn. Mr. Torn stated he would like a moratorium on the issuance of business licenses in order to limit any further dumping into the city's sewer system. He would like more direct control. Mr. Rede stated that staff is continuing negotiations with Mr. Harding for "services in lieu of fees ". As far as the moratorium on business license, staff has issued a business license to Continental Construction Clean -Up. Mr. Porter stated the city could limit the amount of sewer from outside the city being dumped into the city's sewer system, but because of the Boulder Act, the city can not limit the number of business licenses issued. Mr. Porter suggested the council set a 30 day moratorium in order to review this matter further. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO SET A THIRTY (30) DAY MORATORIUM FOR BUSINESS LICENSES FOR LIQUID WASTE DISPOSAL PENDING REVIEW OF THE FEES. VALENZUELA VOTED NO. COUNCIL CONCURRED TO TAKE A BREAK AT 9:10 P.M. COUNCIL RECONVENED AT 9:20 P.M. 290 Page eleven City Council Minutes September 28, 1982 BUSINESS ITEMS - Continued. 53. Edward A. Snyder - Conditional Use Permit #81 -17 - Review Continued from earlier in the meeting. Mr. Finburgaskedfor a clarification of the motion made earlier in the meeting in regards to on -site camping. As it stands at this time, people are allowed to camp next to their ultra - lights overnight. Discussion was held on overnight camping by the Council. Mr. Finburg stated he would like to apply for a Conditional Use Permit in order to have camping a permitted use on the site. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED TO ALLOW TEMPORARY APPROVAL FOR CAMPING UNTIL SUCH TIME AS A CONDITIONAL USE PERMIT FOR CAMPING IS EITHER APPROVED OR DISAPPROVED. APPLICATION IS TO BE SUBMITTED BEFORE THE NEXT COUNCIL MEETING. AYES: KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH NOES: TORN ABSENT: NONE PUBLIC COMMENTS Carol Jones, 16950 Grand Avenue, expressed concern that the outflow channel has not been cleaned out to date. Ms. Jones asked when the City plans to clean it out. Mr. Rede reported that the main problem with the channel is that it is private property. The responsibility leis with the property owners to clean it out. The city is in the process of acquiring an easement or right -of -way by which the city can go onto the property and clean it out. Mr. Rede also stated that if the lake overflowed, the channel could not handle the water if it were cleaned out. Eugene Carter spoke regarding the Community Center, asking what has been done to set up the proper kitchen facilities in order to allow the Senior Nutrition Center to work out of the Community Center. Mr. Rede reportod that the City has applied to the County for funds for the kitchen facilities, however, the funds which were appropriated were insufficient for the work to be performed. The City is attemping to find our sources of funds for the kitchen facilities. Mr. Rede also reported that the City has received a donation from Bertha Crigler in the amount of $60.00 and stated that the City would be appreciative of any other donations to this project. Mr. Torn stated that the County has been told they could use the present kitchen facilites at any time. Mr. Unsworth asked staff to check with the County to see if they would like to use the Community Center Kitchen Facilities. Tom Brewer, 16908 Grand Avenue, expressed concerns about the ditch being dug out and the pumps not being able to work and the fear that another flood will be coming. Mr. Steel explained the process of the land acquisition and the funds available. Mr. Steel also stated that the City owns five or six parcels of land along the channel. Mr. Brewer stated in the Tilley Agreement, the plater Company gave the city four orfive blocks to the city. Mr. Rede reported that the State will start pumping water when the water level reaches the 1255' level. Mr. Rede reported that the construction of the dike was built with grant funds primarily for the Lake Elsinore Village. 119 1 Page twelve City Council Minutes September 28, 1983 THE CITY COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY MEETING AT 9:46 P.M. THE CITY COUNCIL RECONVENED AT 9:57 P.M. REPORTS AND RECOMMENDATIONS Mr. Morrissey announced that he would be leaving the City of Lake Elsinore and thanked the Council and Staff for all their help, assistance and guidance. Mr. Morrissey's last day will be October 11, 1982. Mr. Torn stated the Council has been discussing conditioning map with public safety fees. He would like to see the city start collecting these fees. Mr. Torn asked staff to come back with some fee schedules. Mr. Torn stated he would like staff, whenever possible to warn water users when Gary Wayne stated unless there is a sign posted stating cars will be towed away with the proper section of the code sited, the cars cannot be removed. Council concurred to have staff look into this matter and report back to the City Council. Ms. Valenzuela reported there are vendors across from the State Park selling items illegally. Ms. Valenzuela also asked the Council for a study session on liquid waste. Mr. Rede stated that staff will be looking into Ms. Valenzuela's items. Mr. Steel provided additional information on the purchase of the Lake Elsinore Transit buses. Mr. Rede reported that the Lake Elsinore Transit Coordinator has been filled by Delores McDaniels. Mr. Unsworth asked what has been done about people living illegally on the lakeshore. Mr. Porter stated that staff is in the process of contacting the property owners regarding the nuisance. Staff has contacted the County Law Enforcement and asked they become involved. Mr. Unsworth asked if Kicak and Associates has abandoned the office in City Hall. Mr. Rede stated that staff is in the process of recruiting for the positions within the engineering department. COUNCIL ADJOURNED TO CLOSED SESSION AT 10:17 P.M. TO DISCUSS PERSONNEL. COUNCIL RECONVENED AT 10:20 P.M. WITH NO ACTION TAKEN. ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 10:20 P.M. -- — ATTEST: J HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE DEBORAH A. HARRINGTON, CITY CLERK there will be a temporary water shutoff. Whenever possible he would like staff to distribute notices to the people to be effected. Mr. Torn also stated he has been impressed with the manner in which the street patching has been done. Mr. Torn reported that people are using vacant lots as parking lots with some cars having "for sale" signs posted on them. Mr. Porter reported that staff cannot remove cars from vacant lots because they have "for sale" signs on them. This has been found to be in violation of the freedom of speech. Gary Wayne stated unless there is a sign posted stating cars will be towed away with the proper section of the code sited, the cars cannot be removed. Council concurred to have staff look into this matter and report back to the City Council. Ms. Valenzuela reported there are vendors across from the State Park selling items illegally. Ms. Valenzuela also asked the Council for a study session on liquid waste. Mr. Rede stated that staff will be looking into Ms. Valenzuela's items. Mr. Steel provided additional information on the purchase of the Lake Elsinore Transit buses. Mr. Rede reported that the Lake Elsinore Transit Coordinator has been filled by Delores McDaniels. Mr. Unsworth asked what has been done about people living illegally on the lakeshore. Mr. Porter stated that staff is in the process of contacting the property owners regarding the nuisance. Staff has contacted the County Law Enforcement and asked they become involved. Mr. Unsworth asked if Kicak and Associates has abandoned the office in City Hall. Mr. Rede stated that staff is in the process of recruiting for the positions within the engineering department. COUNCIL ADJOURNED TO CLOSED SESSION AT 10:17 P.M. TO DISCUSS PERSONNEL. COUNCIL RECONVENED AT 10:20 P.M. WITH NO ACTION TAKEN. ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 10:20 P.M. -- — ATTEST: J HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE DEBORAH A. HARRINGTON, CITY CLERK