Loading...
HomeMy WebLinkAbout1992 CC Minutes MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, JANUARY 9, 1992 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 3:03 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, Special Projects Coordinator Wood and City Clerk Kasad. CONSENT CALENDAR A. Resolution No. 92-1 - Approving the Borrowing of Funds b the Agency from the Public Financing Authority and Determining Area of Benefit. (F: 126.5) Special Projects Coordinator Wood advised that this issuance has previously been authorized, but the Resolutions for consideration this date will finalize that issuance. He further advised that the official close of these bonds will be next week. He explained that these are "AAA" rated Tax Allocation Bonds which will be completely supported by Tax Increment. He also explained that this issuance will pay off all existing debts. City Attorney Harper explained that the "AAA" Rating is because of insurance and makes the bonds of no risk to the City. Special Projects Coordinator Wood commented that the current increment is 125% of this debt. He also clarified rated vs. non-rated bonds. Mayor Washburn commented that the rating also allows the City to pay a lower interest rate. Councilman Buck questioned the amount of savings on reduced interest this would produce. Mr. Wood advised that those figures have not yet been calculated. Mayor Washburn commended the 1982 City Council for its insight in forming the City's first Redevelopment Project Area and commented on the importance of that action. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-1. RESOLUTION NO. 92-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE BORROWING OF FUNDS BY THE AGENCY FROM THE AUTHORITY, DETERMINING THAT CERTAIN IMPROVEMENTS ARE OF BENEFIT TO THE RANCHO LAGUNA REDEVELOPMENT PROJECT . . ?AGE TWO - CITY COUNCIL MINUTES JANUARY 9, 1992 t AREA NO. I AND THAT NO OTHER REASONABLE MEANS OF FINANCING E'tt, SUCH IMPROVEMENTS ARE AVAILABLE TO THE CITY, AND f. ` AUTHORIZING AND APPROVING SUCH OTHER MATTERS PROPERLY RELATING THERETO. .ADJOURNMENT '...MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE .10 ADJOURN THE SPECIAL CITY CO CIL MEETING AT 3:I0 P.M. f GARY WASHBURN, MAYOR CIT F LAKE ELSINORE TTEST- -.V,ICKI KASAD, CITY CLERK -' QTY OF LAKE ELSINORE .r . MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 14, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: BUCK, STARKEY Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Captain Bill Reynolds. (F:127. 1) Mayor Washburn introduced Captain Bill Reynolds and Captain Wayne Daniel . He presented Captain Bill Reynolds with a City Tile Plaque and thanked and commended him for his efforts and service in the Community and wished him well in his new position. Mayor Washburn then welcomed Captain Wayne Daniel to the Lake Elsinore Station and offered the Council 's support to him in the City operation. Captain Bill Reynolds thanked the Council for the opportunity to serve the City of Lake Elsinore and commented briefly on the apprehension of the suspect in the Serial Murder case. Captain Wayne Daniel commended Captain Reynolds for his work on the Serial Murder case and stressed the impact of his supervision on the ability to apprehend this suspect. B. Proclamation = Lake Elsinore Rotary Club. (F:122.1) Mayor Washburn read the proclamation and presented it to Rotary Club representatives Marty Cocozza, President; and Paul Niehouse Jr. , Past President. Mr. Cocozza thanked the Council for this opportunity and recognition for a favorable relationship between the City and the Rotary Club. Mr. Niehouse further thanked the Council for this opportunity to work with the City to enhance the image of the Community. Mayor Washburn acknowledged Boy Scout Troop 224 in the audience. The Scoutmaster advised that the boys were from Canyon Lake and Lake Elsinore and working on their Community Service Badges. C. Presentation - Mello-Roos Financing Report. (F:126. 1) City Attorney Harper presented an overview of municipal j PAGE TWO - CITY COUNCIL MINUTES W JANUARY 14, 1992 financing and bonds specifically covering tax increment financing, and Mello-Roos finding and bonds. He explained that the City has obtained a "AAA" rating which allows bonds to be purchased at lower interest rates and remain tax exempt allowing the maximum benefit. He further explained that because of this rating and the insurance it carries, there is no financial risk to the City or its residents. The only risk takers are the bondholders who have purchased the bonds. Mr. Harper commented on recent newspaper articles and clarified the inaccuracies in them. He also explained that Mello-Roos financing is initiated by the landowners to be impacted and they vote to participate in this program and tax themselves. He further explained the process through which bonds are sold and repaid by taxes imposed on the voting landowners. He also detailed the guidelines recommended by the California Debt Advisory Commission and the City guidelines which are in compliance. He stressed the overall security of the City's Bond Issuances and it programs. He further stressed the superior qualifications of Ray Wood, the City's Special Projects Coordinator, who works heavily on the City's Bond Programs and the asset he is to the City. Mr. Harper gave an example of Mello-Roos financing of infrastructure and its impact on home buyers versus other more traditional financing of improvements. : He also explained that the cost of issuing the bonds is not borne by the City, but rather by the bond issuance. City Manager Molendyk further clarified that the costs of the new infrastructure and improvements are being borne by the new home buyers rather than the residents who have lived here for many years. PUBLIC COMMENTS m AGENDIZED ITEMS Mayor Washburn advised that he had received requests to address Items 1 and 13 of this agenda and he would defer them until those items were considered. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1, 13, 16 and 17. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . Minutes The following Minutes were received and ordered filed: b. Planning Commission Meeting - December 4, 1991. (F:60.3) 2. Received and ordered filed the Building Activity Report for December, 1991. (F:32.2) 3. Received and ordered filed the Code Enforcement Activity Report for December, 1991. (F:54.1) 4. Received and ordered filed the Structure Abatement Activity Report for December, 1991. (F:32.4) PAGE THREE - CITY COUNCIL MINUTES - JANUARY 14, 1992 5. Received and ordered filed the Investment Report for November,.. 1991. (F:12.5) 6. Ratified Warrant Lists dated: a. December 16, 1991 . (F: 12.3) b. December 30, 1991. (F:12.3) 7. Rejected and referred to Claims Administrator the Claim submitted on behalf of Chad Anthony Gordon (CL #91-17) . (F:52.2) 8. Rejected and referred to Claims Administrator the Claim submitted by Michael Shields (CL #91-22) . (F:52.2) 9. Rejected and referred to Claims Administrator the Claim submitted by Southern California Edison Company (CL #91-23) . (F:52.2) 10. Rejected and referred to Claims Administrator the Claim submitted by C. Christensen (CL #91-24) . (F:52.2) 11. Adopted Resolution No. 92-2 Amending Resolution 90-106 relating to Stephens Kangaroo Rat and Approved Refund of Mitigation Fee to all Affected Developers. Resolution No. 92-2. (F:76.2) RESOLUTION NO. 92-2 REVISING THE POLICY FOR THE CITY'S ALLOCATION OF STEPHENS' KANGAROO RAT OCCUPIED HABITAT UNDER THE SHORT-TERM HABITAT CONSERVATION PLAN. 12. Adopted Resolution No. 92-3 Regarding Intent to Vacate a Portion of Avenue Eleven - Abandonment 92-1. (F:10.1) RESOLUTION NO. 92-3 DECLARING INTENTION TO VACATE A STREET EASEMENT AND SETTING. A PUBLIC HEARING THEREON (PORTION OF AVENUE ELEVEN) . 14. Authorized Acceptance of Grant Deed and Expenditure of $5,090.25 and execution of Escrow Instructions for A, •, .. Purchase of Drainage Channel Right-of-Way - Foley Property'. (F:48.1) 15. Awarded Contract for Storm Drain Line B-1, Phase 2 in the West End Community Facilities District 88-3 to Bondamin McCain in the amount of $944,775.00. (F:22.3) 18. Approve Public Hearing Date of February 11, 1992 for the following: a. Cost Recovery - Nuisance Abatement - Vacant Lot on Collier Avenue AP #377-080-022. (F:32.4) b. Cost Recovery Nuisance Abatement - Vacant Lot in the 500 block of North Ellis Street. (F:32.4) c. Cost Recovery - Nuisance Abatement - 110 N. Lowell Street. (F:32.4) ITEMS PULLED FROM CONSENT CALENDAR 1 . Minutes a. Adjourned City Council Meeting - December 19, 1991. (F:44.4) _PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 14, 1992 Mayor Washburn invited Mr. Dick Knapp to address this item. Mr. Knapp clarified that he wanted to address item I on the Redevelopment Agency Agenda. $OVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS .;;DOTE OF THOSE PRESENT TO APPROVE THE MINUTES AS PRESENTED. .• '13'. Inclusion of MFI Recovery Center at Human Services Center. (F:64.4) Mayor Washburn invited Susan Rose to address this item. Susan Rose explained .the purpose of the MFI Recovery Center and thanked the Community for its support of the United Way who funds this type of program and makes is successful . She also thanked Community Services Director Watenpaugh and the Sheriff's Department for their assistance. -MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS :VOTE OF THOSE PRESENT TO APPROVE MFI'S REQUEST TO PROVIDE SERVICES :'AT'THE HUMAN SERVICES CENTER. 16. Notice of Completion - Peck Street Parking Lot. (F:112.2) City Manager Molendyk advised that questions have arisen from Council with regard to the 14 change orders on this project and requested a continuance of this item for a break-down on those changes. 'MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE *OF THOSE PRESENT TO CONTINUE THIS ITEM. .1'7. Final Approval of Tract Map 17413-2. (F:160.2) City Manager Molendyk advised that this item was pl.aced on the Agenda with the understanding that the applicant would have posted bonds prior to consideration of the item. The deadlines were not met and thus he requested that this item be pulled from the agenda. AO.VED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS •.'99TE OF THOSE PRESENT TO CONTINUE THIS ITEM. ,f 'O B-LIC HEARINGS 41'..: Recovery of Expenditures - Structure Abatement at 311 W_. Pottery Street. (F:32.4) City Manager Molendyk explained this item and the procedure for recovering costs. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:57 p.m. asking interested persons to speak. Hearing no one, the public hearing was closed at 7:58 p.m. Mayor Washburn further clarified the costs and the procedure for repayment. :.MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS 'VOTE OF THOSE PRESENT TO CONFIRM THE $10,081.00 COST OF THE "AtATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO ..PL'ACE' A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL, RELATED COSTS AND INTEREST ACCRUED THEREON. 32;,"Recovery of Expenditures = Structure Abatement at 268- PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 14, 1992 276 N. Ellis Street. (F: 32.4) City Manager Molendyk detailed this item. The City Clerk reported no written comments or protests. - Mayor Washburn opened the public hearing at 8:00 p.m. asking';; . those person interested in this item to speak. The following.*. .., person spoke: Mr. Norman Manz, applicant, 2745 Sandpiper, Costa Mesa, requested clarification of the costs proposed for recovery: Mayor Washburn directed Mr. Manz to obtain the list from Community Development Manager Shear. Mayor Washburn closed the public hearing at 8:02 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS'" . VOTE OF THOSE PRESENT TO CONFIRM THE $31,098.50 COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER' ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 33. Bridge and Major Thoroughfare Foe Pro ram = Ordinance No. 929 & Resolution No. 92-4. (F:156.1) City Manager Molendyk reported that this program has been formulated, however, the Council has requested further information following requests from the development community ' that this item be continued. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS 11.1" VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM FOR TWO WEEKS. APPEALS 34. Appeal, for Condemnation Action for 516 North Main Street. (F:21.1) City Manager Molendyk advised that the owner of this property;.'. '` has requested a continuance. Councilman Dominguez advised that he would support this continuance, but no further continuances, MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS. .�� VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO FEBRUARY 11, 1992. -!; PUBLIC COMMENTS NON-AGENDIZED ITEMS (Please read and complete Speaker's form at podium) Dick Knapp, 29690 Dwan, complimented the City for work completed. . . in the Country Club Heights Area and suggested that residents who ";. . have not seen the paving visit the area. -He then commented on the:.7' cost and the break-down of the cost per lineal foot. He expressed. concern with the cost of the paving versus the in-lieu fees charged for development in the Country Club Heights area. `. Mayor Washburn suggested that the in-lieu fee be reviewed. Mr. Knapp further commented that no permits have been pulled for that area since the $70 in-lieu fee was imposed. City Manager Molendyk''' clarified that fees are not arbitrarily raised, but increases are,, ... *' based on current market information available. He stressed the need to operate the City like a private business to provide the best for its residents. He also clarified that the paving done in;:. :, : the heights area is a temporary measure and does not carry the . ,PAGE SIX - CITY COUNCIL MINUTES - JANUARY 14, 1992 . Aife expectancy of the permanent roads for which in-lieu fees would be calculated on. Mayor Washburn requested that staff .:return with a report. (F:156.1) CITY MANAGER COMMENTS None, .. ',CITY COUNCIL COMMENTS ,,-Councilman Dominguez reported on the formal trade-off between Lake . Elsinore Transit System and Riverside Transit Agency. He stressed he. professional services. he feels the City will receive from RTA the new route they have added to service the Outlet Center. Eommunity Services Director Watenpaugh detailed the new routes and provided the following phone number for further information ' T-800-800-7821 . . .:;Mayor Washburn further commented on RTA and explained that the LETS employees were transferred to RTA. ,:Mayor Washburn showed a Christmas Card received by the Council , .''thanking the City for its efforts in getting rid of Miller's Bar. He emphasized the City's efforts to reduce problems and thanked .:'.those residents for their recognition of those efforts. Mayor Washburn advised that Town Hall Meetings are being planned :'-.:frelating to future Police Service levels and funding. He .+tentatively announced one for January 23rd at Elsinore Elementary and January 30th at Machado Elementary. He requested that the .Community become involved in this process and provide input on a r�eig-hborhood basis where possible. (Note: After this meeting 'it was determined that the January 30th meeting would be held at Terra Cotta Jr. High School) . ;,THE CITY COUNCIL MEETING WAS RECESSED AT 8:19 P.M. 'TIE CITY COUNCIL MEETING RECONVENED AT 8:25 P.M. •CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:25 TO DISCUSS A PERSONNEL MATTER. THE. CITY COUNCIL MEETING RECONVENED AT 8:40 P.M. NO ACTION TAKEN. •S . NOURNMENT MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS .VOTE OF THOSE PRESENT TO ADJOURN THE EGULAR CITY COUNCIL MEETING A.T. 8:41 P.M. i GU GARY WASHBURN, MAYOR CIT LAKE ELSINORE A TEST: CKI AS A CIT C ERK ..'CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 28, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. PRESENTATIONS/CEREMONIALS None. PUBLIC COMMENTS = AGENDIZED ITEMS Mayor Washburn advised that he had requests to address items 7 and 52 of this agenda, and they would be heard with consideration of the items. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 7 MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. Special City Council Meeting - January 9, 1992. (F:44.4) b. Regular City Council Meeting - January 14, 1992. (F:44.4) The following Minutes were received and ordered filed: c. Planning Commission Meeting - December 18, 1991 . (F:60.3) d. Planning Commission Meeting - January 1, 1992. (F:60.3) 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for December, 1991 . (F:18.2) 3. Received and ordered filed the Investment Report for December, 1991. (F:12.5) PAGE TWO - CITY COUNCIL MINUTES - JANUARY 28, 1992 4. Adopted Resolution No. 92-5 Approving the Establishment of a Four-Way Stop Controlled Intersection at Macy Street/Laguna Avenue. (F:162.4) RESOLUTION NO. 92-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 5. Approved Change Orders 1 and 2 for the Lincoln Avenue Trunk Sewer and Water Mains, in Community Facilities District 88-3, in the amounts of $25,000,00 and $69,268.00 respectively. (F:22.3) 6. Approved Change Orders 1 and 2 for the Rice Canyon Reservoir, in Community Facilities District 88-3, in the amounts of $3,520.00 and $12,042.00 respectively. (F:22.3) 8. Accepted Notice of Completion for Peck Street Parking Lot. (F: 112.2) 9. Accepted Drainage Easement from Pardee Construction and authorized recordation. (F: 132. 1) 10. Approved Final Tract Map 17413-2 and authorized recordation. (F:160.2) 11. Approved Public Hearing for February 11, 1992 for the following: a. Annexation No. 5_ I ;_ General Plan Amendment 91-3: Zone Chance 91-5: Tentative Tract Ma 24609 - Tomlinson & Sons (Zimmerman. (F:20.2) (X:83.2) (X: 172.2) (X:160.2) These projects are located at the southwest intersection of Riverside Drive and Grand Avenue with Dreycott Way and Lakeview Avenue bounding the site to the west and south, respectively. ITEM PULLED FROM CONSENT CALENDAR 7. Change Orders .1,2 and 3 for the Country Club Heights Paving Project, Phase I . (F:156.2) Mr. Dick Knapp, 29690 Dwan Drive, thanked California Asphalt for the paving work they have done in Country Club Heights. He detailed the cost of the project and the level of improvements constructed. He suggested that the B.S. I . costs will not be necessary with future improvements. He stressed the final per lineal foot cost of $18.00. Councilman Buck commented on the fees Mr. Knapp addressed and explained that the City would rather not be involved in the improvements and the individual developers held responsible for the improvements. However, he stressed that this provides them an option. Mayor Pro Tem Starkey commented on these change orders and stressed that the project was still within budget. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS AS PRESENTED IN THE AMOUNTS OF $9,882.00, $23,970.60 and $62,502.47 RESPECTIVELY. PUBLIC HEARINGS 31 . Bridge & Mayor Thoroughfare Foe Program. (F: 156. 1) PAGE THREE - CITY COUNCIL MINUTES - JANUARY 28, 1992 MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO FEBRUARY 11, 1992. 32. Recce of Expenditures _ Partial Demolition at 18010 West Heald Avenue. (F:32.4) City Manager Molendyk explained this item and the process involved. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 10 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:10 p.m. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 33. Recovery of Expenditures - Removal of Demolition Debris at 18975 Palomar Street. (F:32.4) City Manager Molendyk highlighted this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 11 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7: 11 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. APPEALS 34. Appeal for Deleo Clay Tile = —Flag. (F:21.1) Mayor Washburn advised that the Council Committee is working on possible alternatives, however, there have been a number of problems in scheduling. He requested that this item be continued to February 25, 1992. Councilman Dominguez stressed the need to resolve this matter with no further continuances. Mayor Washburn advised that the Committee has requested landscaping plans and other possible aesthetic improvements through the City Staff. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO FEBRUARY 25, 1992. BUSINESS ITEMS 51 . Amend Sections 19.04.020 and 19.04.030 (Ordinance No. 905 of the Lake Elsinore Municipal Code, Relating to Stephens' Kangaroo Rat Mitigation Fee Ordinance. Ordinance No. 930. (F:76.2) City Manager Molendyk explained the existing ordinance and the proposed changes which allow developers 'to obtain their own approvals and have a portion of the fees waived. PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 28, 1992 Councilman Buck requested clarification of the intent of the ordinance, and whether the City was still part of the review process. City Attorney Harper clarified that the ordinance allowed the developers to obtain their own approvals and not be subject to further review by the City. 'Councilman Buck inquired whether the developers would still be required to pay the $1950 per acre charge after obtaining Fish and Game Department approvals. City Planner Christen clarified that the City is taken out of the loop with this amendment, as long as Fish and Game have dealt with the mitigation, no additional mitigation would be required at the City level . Mayor Washburn commented that as long as the J.P.A. exists the situation will be monitored and mitigated. MOVED BY BUCK, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 930: ORDINANCE NO. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 19,04.020 AND SECTION 19.04.030 OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 52. In-Lieu Fee Analysis for Country Club Heights. (F: 156. 1) (X:12.2) City Manager Molendyk advised that this item was brought back to Council in follow-up to discussions at the last meeting. He clarified that the option does exist for developers/ homeowners to install these improvements rather than paying the fee. Public Services Director Tecca commented on the costs detailed in the agenda report for this item and explained that they are based on "Dodge Report" recent project costs. He clarified that the confusion in this matter is the difference between maintenance and road construction. He detailed the improvements recently provided in Country Club Heights vs. the extensive grading, compaction, and improvements which would be required by Council adopted standards for road construction. He also clarified the costs paid to B.S. I. and the work they were handling. Dick Knapp, 29690 Dwan, commented on the Country Club Height area and his thought that curbs and gutters would not be necessary in this area. He also commented on the costs of the paving in Country Club Heights vs. the costs for the Graham Avenue Project. He expressed concern with the existing $70.00 per linear foot fee and his disbelief that the improvements would ever be that extensive in that area. City Manager Molendyk clarified that the $70.00 per lineal foot was based on improving the roads to the standards adopted by the City Council . He questioned whether Mr. Knapp was PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 28, 1992 looking at reduction of the standards, and in turn a reduction of those fees. Public Services Director Tecca clarified the costs on Graham Avenue and the area to be improved. Mr. Knapp recommended that the City Council reduce the fee to $30 or $40 per lineal foot based on the current improvements. Mayor Washburn stressed the need to maintain road standards for the long term. Public Services Director Tecca additionally clarified that the work in Country Club Heights has been completed through use of these in-lieu fees. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RETAIN THE $70 PER LINEAR FOOT FOR FUTURE STREET IMPROVEMENTS FOR THE COUNTRY CLUB HEIGHTS AREA. 53. Revised Central Business District Ordinance. (F:34.2) City Manager Molendyk commented on previous Council direction to revise this Ordinance. City Attorney Harper explained that there will be two parts to this consideration in the near future, number one being the Revised Central Business District Ordinance and number two being Standards. He also explained that the final item will be processed through the Planning Commission first and then the City Council ; this item is for preliminary comments only. He further explained that based on Council direction, types of business, design criteria and other matters could be mandated by this ordinance. He suggested that the ordinance presented here could be modified to carry as much or as little regulation as Council prefers. Councilman Dominguez requested a Study Session on this item. He stressed the need for input from the entire Council . Mayor Washburn suggested that it be included in the upcoming Joint Planning Commission/City Council Study Session. PUBLIC COMMENTS = NON-AGENDIZED ITEMS Mr. John Carmona, representing William Seers, Seers Plaza, distributed a packet of correspondence with the City and requested that Council place this item regarding fees on the next agenda for consideration. He further requested the opportunity to meet with Staff. (F:58.1) CITY MANAGER COMMENTS City Manager Molendyk advised that the poles are enroute for the Lakeshore/Machado Traffic Signal . He commented on ongoing improvements throughout the City, and advised that potential recommendations will be coming to Council in the near future for repair of Mission Trail . He also commented on favorable comments being received the Main Street project. He thanked staff members Frank Tecca and Ray O'Donnell for their efforts in these ongoing projects. CITY COUNCIL COMMENTS Mayor Pro Tem Starkey commented on items 32 and 33 of this agenda. He thanked Kevin Shear and his department for this and other abatement work helping to clean-up the City. He stressed the need for the Community to become involved in this effort to make the program successful . PAGE SIX - CITY COUNCIL MINUTES - JANUARY 28, 1992 Mayor Pro Tem Starkey requested and update on the potential for a stop sign at Central and the 1-15 off-ramps to allow for safe turns to the High School and the Outlet Center. Mr. Tecca advised that Caltrans has previously reviewed this area and found insufficient delay fora stop sign, however, the City's Traffic Engineer has gathered new date which should justify the sign and submitted to Caltrans. Staff is now waiting for a response to that data. Mayor Washburn commented on a corner lot on Ellis Street and advised that it will soon be cleared. City Manager Molendyk further commented that the 15 units on Ellis Street and the adjacent single family home have been removed and the neighborhood is much safer. Mayor Washburn also commented on the first Town Hall Meeting to address the existing crime problems and possibilities for resolving them. He also reminded the Community of the second meeting scheduled for January 30, at 6:00 p.m. at Terra Cotta Junior High School . THE CITY COUNCIL MEETING WAS RECESSED AT 7:57 P.M. THE CITY COUNCIL RECONVENED AT 8:06 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY TO CONSIDER A MATTER OF POTENTIAL LITIGATION REGARDING A CAPITAL IMPROVEMENT, THE CITY COUNCIL RECONVENED AT 8:49 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:50 P.M. A GARY WASHBURN, MAYOR CITYa LAKE ELSINORE TTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE i MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA FEBRUARY 11, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. PRESENTATIONSICEREMONIALS A. Proclamation - Donald L. Banfield. (F:56.1) (X: 168.5) Mayor Washburn read the Proclamation and presented it to former Postmaster Don Banfield. He thanked him for his service to the Community. Mr. Banfield commented on his service with the Post Office and on his future involvement in the Community. Mayor Washburn also introduced the new Postmistress, Claudia Goldberg. Mrs. Goldberg commented on the work of Mr. Banfield and thanked the Mayor and Council for this welcome to the City. B. Presentation - Certificates of Appreciation - Project Bright Star. (F:56. 1) Mayor Washburn recognized the Volunteers from Project Bright Star and called them forward for presentation. He detailed the work of this organization and advised that this year's effort provided food for 60 families and provided 350 children with 5 toys each. Mayor Pro Tem Starkey presented each volunteer with a Certificate of Appreciation and a City Pin. PUBLIC COMMENTS - AGENDIZED ITEMS Mayor Washburn advised that he had a request to address item #8 on this agenda. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further ] discussion and consideration: I Item Nos. 4, 8 and 12 MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. Regular City Council Meeting - January 28, 1992. (F:44.4) PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 2. Received and ordered filed the Building Activity Report for January, 1992. (F:32.2) 3. Received and ordered filed the Code Enforcement Activity Report - January, 1992. (F:54.1) 5. Ratified the following Warrant Lists: a. January 15, 1992 (F:12.3) b. January 31, 1992 (F:12.3) 6. Rejected and referred to Claims Administrator the Claim submitted by Southern California Edison Company (CL #92-1) . (F:52.2) 7. Approved 17th Year Community Development Block Grant Agreements and authorized the Mayor to sign. (F:84.2) 9. Adopted Resolution No. 92-8 Establishing Stop Sign Locations in the Vicinity of Gunnerson Street and Ulmer Street and in the area along Lash Street between Gunnerson Street and Dryden Street. (F:162.2) RESOLUTION NO. 92-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATIONS OF CERTAIN STOP INTERSECTIONS. 10. Adopted Resolution No. 92-9 Establishing Stop Sign Locations along and including Ryan Avenue between Bushman Avenue and Manning Avenue in the vicinity of Lakeshore Drive. (F:162.2) RESOLUTION NO. 92-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATIONS OF CERTAIN STOP INTERSECTIONS. i 11 . Approved City Portion of Lake Elsinore Management Project Change. Order in the amount of $19,000.00. (F:92.2) 13. Approved Second Amendment to Joint Powers Agreement with Elsinore Water District. (F:68.1) (X: 134.7) 14. Approved Change Order No. I for Trunk Sewer and Lincoln Waterline, Phase I, in Community Facilities District 88-3 for A. W. Davies in the amount of $39,136.74. (F:22.3) 15. Approved Change Order No. 3 for the Lincoln Avenue Trunk Sewer and Grand Avenue Water Main, in Community Facilities District 88-3 for Thomas Pipeline in the amount of $6,500.00. (F:22.3) 16. Approved Change. Order No. 2 for the Storm Drain Line "C" and "C-1" (Cast-in -Place Pipe) , in Community Facilities District 88-3 for Floyd Johnston Construction Co. , Inc. in the amount of $55,522.00. (F:22.3) 17. Approved Change Order No. 1 for the Graham Avenue Widening Project for DBL Construction Corp. in the amount of $82,047.28. (F: 156.2) 18. Approved Change Order Nos. 2 and 3 for the Storm Drain "Line C and C-1" (pre-cast pipe) in Community Facilities District 88-3 for Utah Pacific } Construction Company in the amounts of $9,277. 10 and $14,621 .50 respectively. (F:22.3) 19. Approved Change Order Nos. 1,2,3 and 4 for the A-2 Sewer Lift Station on Wisconsin Street in Community Facilities District 88-3 for P.R. Burke Corp. in the amounts of $4, 146.07, $4,684.96, $225,000. and $4,593.00 respectively. (F:22.3) PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 20. Approved Change Order No. 4 for the Country Club Heights Paving Project, Phase I, for California Asphalt and Grading in the amount of $140,790.00. (F: 156.2) 21 . Approved Change Order No. 2 for Grand Avenue and Lincoln Street Improvements in Community Facilities District 88-3 for Summit Grading and Paving, Inc. in the amount of $8,381.78. (F:22.3) 22. Accepted Right-of-Way Easements for the Summerhill Bridge across the San Jacinto River from Carolyn 1 . Vosburgh, Stanley N. & Janice E. Mullins, and James D. and Gale N. Creighton. (F: 132.1) 23. Approved Purchase of Drainage Channel Right of Way for the Gill Property; Authorized execution of Grant Deed; Authorized expenditure of $8,855 to cover the cost of the land, escrow closing costs and policy of title insurance and authorized execution of the escrow instructions. (F: 132. 1) 24. Approved Public Hearing date of March 24, 1992 for consideration of the Source Reduction and Recycling Element and Household Hazardous Waste Element. (F: 163.2) ITEMS PULLED FROM CONSENT CALENDAR 4. Structure Abatement Activity Report = January, 1992. (F:32.4) Mayor Washburn commented on abatement at Franklin and Ellis and other blighted properties in that area. He stressed the efforts the City is making to clean up the Community and get rid of existing nuisances. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR JANUARY, 1992. 8. Formation of Community Facilities District 91-5 tA_lberhill-Brighton) . Resolution Nos. 92-6 & 92-7. (F:22.3) City Attorney Harper gave a brief overview of the purpose of this Community Facilities District and stated that it is for bonds to pay for public improvement in the Alberhill Ranch area. Mr. Dick Knapp, 29690 Dwan, Lake Elsinore outlined the financial status of of this project and the applicant and his opinion of the impact this project will have on the City. He recommended that the City Council reconsider the possiblity of forming this Community Facilities`District. City Attorney Harper clarified that this item does not authorize the issuance of bonds, but rather the development a Community Facilities District. He further clarified the advantages of this action over developer financed improvements. He stressed the fact that this action does not represent a financial risk to the City or citizens of Lake Elsinore. Mayor Washburn explained that this is a tool that Council has used in the past and that Council is very cautious in regard to its use. MOVED BY BUCK SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FORMATION OF COMMUNITY FACILITIES DISTRICT 91-5 AND APPROVE RESOLUTION NO. 92-6 AND 92-7 A5 FOLLOWS: RESOLUTION NO. 92-6 A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. RESOLUTION NO. 92-7 A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 91-4 (ALBERHILL RANCH PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. 12. Award of Contract - Curb, Gutter, Sidewalk and Pedestrian Ramp Replacement Program and Miscellaneous Street Improvements - California Asphalt & Grading. (F:146. 1) City Manager Molendyk stated that California Asphalt & Grading submitted a bid of $235,078.00 followed by the second bidder Grand Terrace Construction at $237,700.00. As a result of a request from the second bidder and review by the City Attorney it was recommended that since' California Asphalt does not have an "A" license that the bid be awarded to the next low bidder, Grand Terrace Construction in the amount of $237,700.00. City Attorney Harper advised that this matter has been discussed with California Asphalt & Grading and they concur with the City's decision. City Manager Molendyk asked Public Services Director to explain this project. Public Services Director Tecca gave an overview of the project and detailed the specific locations to be addressed and the improvements at each location. Public Services Director Tecca detailed the difference between slurry seal and asphalt overlay. Councilman Starkey asked if the downtown renovation area would be an overlay. Councilman Buck stated that the downtown area is not part of this project. Mr. Tecca stated that the downtown area is a Redevelopment Agency Contract and is not part of this project at all . Councilman Buck inquired whether Mr. Tecca had looked into developing a bicycle lane or a pedestrian lane in the Country Club Heights area as was discussed in the Public Works meeting. Mr. Tecca advised that there is not enough money to widen the roadway, but it is being considered to narrow the roadway down to some degree. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE BID OF $237,700.00 AND AWARD A CONTRACT TO GRAND TERRACE CONSTRUCTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ON BEHALF OF THE THE CITY. PUBLIC HEARINGS 31 . Bridge & Ma.ior Thoroughfare Fee Program. (F:156. 1) City Manager Molendyk recommended that this item be continued for 120 days to allow for further investigation and review. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR 120 DAYS. 32. Recovery of Expenditures - Nuisance Abatement at 110 N. Lowell Street. (F:32.4) City Manager Molendyk detailed this item and explained the process for recovery of costs. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:30 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:31 p.m. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONFIRM PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 33. Recovery of Expenditures - Nuisance Abatement on Lot in the 500 Block of North Ellis Street, (F:32.4) City Manager Molendyk explained this item and the detailed the nuisance abated. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:33 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:34 p.m. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 34. Recovery of Expenditures - Weed Abatement on Lot on Collier Avenue. (F: 166. 1) City Manager Molendyk detailed this item and the costs accrued. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:34 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:35 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 35. Abandonment No. 92-1 - Proposed Abandonment of a Portion of Avenue Eleven, North of Mill Street. Resolution No. 92-10. (F: 10.2) Engineering Manager O'Donnell detailed the location of this abandonment and explained its relationship to the Ayres Development Project. He further explained that it will facilitate better traffic circulation in the area. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:36 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:37 p.m. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-10 AND AUTHORIZE THE CITY CLERK TO RECORD THIS ABANDONMENT. RESOLUTION NO. 92-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THAT A PORTION OF AVENUE ELEVEN FROM MILL STREET TO 140 FEET NORTH OF MILL STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE AND VACATING SAID EASEMENT. 36. Annexation No. 61, General Plan Amendment 91-3, Zone Change 91-5, Tentative Tract Map 24609 (Tomlinson and Sons - Zimmerman. Resolution Nos. 92-11 & 92-12. Ordinance No. 931. (F:20.2) (X:83.2) (X:172.2) (X: 160.2) City Manager Molendyk highlighted this project and detailed the concerns discussed at the Planning Commission meeting. The City Clerk advised that three written comments were received and provided to the Council this evening. PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 Mayor Washburn questioned the ability to meet with the residents if the public hearing is opened. City Attorney Harper advised that once the public hearing has been opened, the Council could not meet with the residents to receive input. Councilman Dominguez suggested that Council provide input at assign a committee to meet with the residents. Mayor Washburn commented that he felt sufficient concerns had been raised to warrant meeting with the residents, and recommended a continuance. Gigi Collins, a resident of Laguna Avenue, confirmed that they would like this matter continued and to allow an opportunity for further discussion. She also expressed concern with the notification process and whether all impacted residents had received notices. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS HEARING FOR 30 DAYS. It was further decided that Mayor Washburn and Mayor Pro Tem Starkey would serve on the Committee to meet with the residents. BUSINESS ITEMS 51. Request for Deferral of Conditions - Elsinore West Marina. (F:58.2) City Manager Molendyk gave an overview of the request and explained that Council needs to first vote by majority to reconsider this item and if approved proceed with the consideration. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO RECONSIDER REQUEST AND PLACE ON AGENDA. Mr. Ervin Palmer gave an overview of his request to delete Condition No. 5 and allow an exception of an 8' by 8' section from the easement. Mayor Washburn stated that he remembered the original project and one of the considerations was the well for irrigation of landscaping. He further clarified that the water from the well is not potable. City Attorney Harper clarified that Condition Nos. 5 and 22 are separate issues. Condition 22 addresses the requirement placed on all developers to dedicate all underground water rights to the City of Lake Elsinore, giving the City the right to control underground water. The right for Mr. Palmer to retain the well would allow him to use the water for landscaping and not dedicate water rights to the City. This was originally approved until such time as Mr. Palmer sold the property then the City would have the water rights. Action on Condition No. 22 would require the Council to change the Municipal Code. Councilman Buck asked the City Attorney if this could be changed at Council 's discretion. City Attorney Harper stated that it could, but it would give no authority to the City in regard to the water. He further clarified that the issue is whether the use of the water well will pass on to the next owner should Mr. Palmer decide to sell the property; and Council can direct staff to amend the conditions to read that the right to use the water to irrigate is transferable as long as the water facility is used according to the current site. MOVED BY STARKEY,SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO AMEND CONDITION NO. 5 AND CONDITION NO. 22 TO READ AS FOLLOWS: 5. The Developer shall deed the underground water rights to the City, subject to the condition that the developer may draw waters from the existing well on the site in suffcient quantities for landscape irrigation purposes so long as the PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 property remains used pursuant to the approvals of the existing site development. 22. Dedicate underground water rights to the City of Lake Elsinore or its assignee (Municipal Code 16.52) prior to issuance of building permits. Mr. Palmer questioned the right-of-way dedication and asked that the eight (8) foot by eight (8) foot square that the well site is on be made exempt from the dedication. Public Services Director Tecca explained that the problem with this request is that when we get to the point where the road does have to be widened the City will have to purchase the square in in order to do the improvements. He further explained that a restriction that the square would have to be dedicated at the time of improvements. Councilman Dominguez stated that the roadway discussed is a future highway and this should be done by Cal -Trans. Councilman Buck confirmed that this would be done by Cal -Trans and usually the curb and gutter is adjacent to the sidewalk and there is no open space on the roadway side. Councilman Buck questioned the amount of land required for the landscaped strip along that right-of-way. Mr. Tecca advised that including the sidewalk it is ten (10) feet. Councilman Dominguez asked if Council could impose a condition that when the street improvements are to be put in that the eight (8) by eight (8) foot square be dedicated and deeded to the City. Mr. Tecca explained that if Mr. Palmer decicates the land at this time nothing really changes until such time as we improve and widen the roadway. City Attorney Harper clarified that this dedication would be for roadway purposes only and the City would not have the right to use the land for any other use. Councilman Buck questioned the liability. City Attorney Harper explained that all we would receive from Mr. Palmer would be an offer of dedication and the liability would still rest with the owner. Mr. Palmer asked if this was for the entire 20 foot dedication or just the eight (8) foot square. City Attorney Harper advised that this would be for the entire piece. The well could still be used for irrigation until such time as the street would be widened and then the well would need to be shut down and removed. 52. Second Reading = Ordinance No. 930 - Regarding the Stephens' Kangaroo Rat policies. (F:76.2) MOVED BY WINKLER, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 930: ORDINANCE NO. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 19.04.020 AND SECTION 19.04.030 OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: i AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 f PUBLIC COMMENTS - NON-AGENDIZED ITEMS None. CITY MANAGER COMMENTS City Manager Molendyk provided an update on ongoing capital projects including the Machado/Lakeshore Traffic Signal , Grand Avenue Extension, Graham Avenue Improvements and the Railroad Canyon Signals. He also advised that the funding for the Lakeshore Bridge had been reallocated back to the project. CITY COUNCIL COMMENTS Mayor Pro Tem Starkey commented on the previous City Council meeting and his emphasis on the Community getting involved to solve problems. He stressed the ongoing improvements in the City and suggested that interested residents review the agenda packet from any meeting and see the actions taking place. Mayor Washburn advised that the Railroad Canyon Road Project had been submitted for consideration in an award program. City Manager Molendyk advised that the City had passed the first level for this award and was definitely in the running for it. Mayor Washburn commented for the record that the rumor that he was receiving 1% of bond sale proceeds was not true. City Attorney Harper further clarified that no individual staff member or Councilmember receives any money from the sale of bonds. THE CITY COUNCIL MEETING WAS RECESSED AT 8:12 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:15 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE- REDEVELOPMENT AGENCY AT 8:15 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING RECONVENED AT 9:10 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CA PRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9: 10 P. GARY ' WASHBURN, MAYOR CI O LAKE ELSINORE iAT ST: VICKI LAD, C?Ty CLERIC CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 25, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 P.M. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. PRESENTATIONSJCEREMONIALS A. Proclamation - Cub Scout of the Year 1991 Garth Olson. (F:56.1) Mayor Washburn read the Proclamation commending Garth Olson for his recognition and efforts and presented it to him with a City pin. B. Presentation California Transit Insurance Pool 1990-91 Safety Awards. (F:56. 1) Councilman Dominguez presented the City Council with awards received from Cal -Tip Insurance for the L.E.T.S. Bus System. L.E.T.S. was recognized in the Small Operator Category for "Most Improved Property Damage Claims Record over 1989-90", "Lowest Number of Property Damage Claims Per 100,000 Miles", "Lowest Number of Bodily Injury Claims Per 100,000 Miles" and "Most Improved Bodily Injury Claims Record over 1989-90" . C. Presentation - Rain & Prevention Measures Public Services Director Tecca detailed the City's efforts to anticipate the recent storms and provide sandbagging to prevent private property damage. He detailed the areas of flooding and the manpower and equipment utilized to divert the water. He thanked the Fire Department, Sheriff's Department and Public Works Staff for their work on this effort, as well as Centex Homes who assisted the effort. City Manager Molendyk further commented on the damage caused by the storm and on a School Bus which had its windows blown out on the Ortega Highway and had to be assisted by the Sheriff's Department to proceed down the mountain. Mr. Tecca also detailed extensive efforts to prevent major problems on LeGaye Street and in the recently annexed "hammerhead area" . PUBLIC COMMENTS - AGENDIZED ITEMS Mayor Washburn advised that he had requests to address Item #6 of this agenda. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 6, 7 and 8. PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 25, 1992 MOVED BY STARKEY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. Regular City Council Meeting - February 11, 1992. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - January 15, 1992. (F:60.3) c. Planning Commission Meeting - February 5, 1992. (F:60.3) 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for January, 1992. (F:18.2) 3. Adopted Resolution No. 92-13 establishing an Employee Assistance Program in connection with the Omnibus Drug Initiative Act. (F: 116. 1) RESOLUTION NO. 92-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING THE EMPLOYEE ASSISTANCE PROGRAM. 4. Adopted Resolution No. 92-14 regarding the 1992 Series C Tax Allocation Revenue Bond Issuance. (F:126.5) RESOLUTION NO. 92-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE BORROWING OF FUNDS BY THE AGENCY FROM THE AUTHORITY AND AUTHORIZING AND APPROVING OTHER MATTERS PROPERLY RELATING THERETO. 5. Adopted Resolution No. 92-15 regarding Segregation of Assessments in Assessment District 86-1 . (F:22.3) RESOLUTION NO. 92-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING A FEE FOR PROCESSING LAND AND ASSESSMENT DIVISION APPLICATION PURSUANT TO THE PROVISIONS OF THE "IMPROVEMENT BOND ACT OF 1915", BEING DIVISION 10 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. 9. Approved Change Order No. 4 for Storm Drain "Line C and C-1", (Pre-Cast Pipe) on Joy Street and Grand Avenue in Community Facilities District 88-3 in the amount of $77,572.00. (F:22.3) 10. Approved Change Order No. 4 for Storm Drain "Line C and C-1", (Cast-in- Place Pipe) , on Joy Street and Grand Avenue, in Community Facilities District 88-3 in the amount of $66,950.00. (F:22.3) 11 . Accepted Notice of Completion for 2.5 MG Lucerne Reservoir. (F:22.3) 12. Approved Grant of Easement to Southern California Edison Company in the vicinity of the park site at Summerhill Drive and Canyon Estates Drive in Tract 20704. (F: 170.3) 13. Approved Public Hearing date of March 24, 1992, for the following: a. Recovery of Costs - Nuisance Abatement - 201 East Peck Street. (F:32.4) ITEMS PULLED FROM CONSENT CALENDAR 6. Lake Elsinore Outlet Channel Assurance Agreement. (F:68. 1) (X: I34.7) (X:92.2) City Manager Molendyk explained the proposed agreement which was requested by Riverside County Flood Control District to guarantee conformance by all PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 25, 1992 parties to the project design and the 1240' limitation. He further explained that the funding for the Outlet Channel Project is anticipated to be approved in the next month. Penny Baker, 32840 Ortega Highway, stressed the importance of the 1240' limitation. She commented on the need for the Water District to arrange for private storage of reclaimed water rather than the use of the Lake. She also commented on the eight available wells and her belief that they could be used to fill the Lake to appropriate levels right now. She suggested that the existing agreement between the City and the Water District be revised to allow E.V.M.W.D. to be water suppliers for the Lake only. Dick Knapp, 29690 Owan Drive, detailed the design specifications of the Inflow Channel vs. the Outflow Channel and recent changes to those specifications. He expressed concern that the Outflow Channel is not sufficient to mitigate flooding like that which occurred in 1980. He suggested that the City request changes to the plan prior to signing this agreement. Mayor Washburn clarified the agreement being considered and the requirement for all participating agencies to approve it. He stated that he has no problem with the agreement as presented. 7. Change Order for the 16" Rice Canyon Water Transmission Main, Community Facilities District 88-3-3. (F:22.3) City Manager Molendyk detailed the changes proposed by this change order. Mayor Pro Tem Starkey questioned the need for field changes to save the Oak Trees, and how the project got this far along. Public Services Director Tecca advised that the original plan had been to remove the Oak Trees, however, it was decided at the last minute to save them. Mayor Pro Tem Starkey expressed concern that this was not realized before this point and _ suggested more thought be given to these situations in the future. MOVED BY STARKEY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO. 1 FOR THE 16" RICE CANYON WATER TRANSMISSION MAIN IN COMMUNITY FACILITIES DISTRICT 88-3 IN THE AMOUNT OF $14,671 .22. 8. Change Order for the Robb Road Booster Pump Station Improvements, Community Facilities District 88-3. (F:22.3) Mayor Washburn questioned this Change Order and the involvement of E.V.M.W.D. in the review process. He advised that he has directed a letter to their Board to establish better review and understanding of their standards to prevent some of these changes in the future. City Manager Molendyk commented on the review process which exists, but advised that these changes are occurring with the inspectors in the field. Public Services Director Tecca detailed the review process with utilities, water districts, etc. , all signing off prior to bidding of the project; and the types of changes being required in the field. City Attorney Harper further clarified the sign-off procedure and explained that the anticipated design doesn't always work in the field and the changes are necessary. He further explained that the sign-off on the plans is not a legally binding agreement, but only a review of the plan. Mayor Washburn requested clarification as to whether these were necessary changes or upgrades. City Attorney Harper commented that the changes are mostly legitimate and clarified that doing the changes requested are generally easier and less expensive that fighting them or pursuing litigation. Councilman Dominguez inquired whether the City could place a ceiling on the amount of change orders allowed. City Attorney Harper clarified that it would not generally be a factor of dollars as much as the time and dollars spent to fight the changes in court. He also explained that if the Water District feels a change is necessary it is very difficult to fight. PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 25, 1992 Mayor Pro Tem Starkey questioned the timing of the requested changes. City Attorney Harper advised that it would generally be in connection with the start of construction. He stressed the need to comply with the changes requested or they can prevent the water from flowing. Councilman Buck stressed the need for the City to have a detailed fitting list from E.V.M.W.D. prior to the design process. City Attorney Harper clarified that the plans are reviewed down to the fittings used already. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO. 1 FOR THE ROBB ROAD BOOSTER PUMP STATION IMPROVEMENTS IN COMMUNITY FACILITIES DISTRICT 88-3 IN THE AMOUNT OF $16,069.00. PUBLIC HEARINGS 31 . Recovery of Expenditures - Weed Abatements on Machado Street and on Riverside Drive. (F: 166. 1) City Manager Molendyk detailed the removal of weeds and the associated costs. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:44 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:45 p.m. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTIES TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. APPEALS 32. Deleo Clay Tile Appeal - Flag. (F:21. 1) MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE ThIS ITEM INDEFINITELY. 33. Appeal of Condemnation Action for 516 North Main Street. (F:21 .1) City Attorney Harper requested a Closed Session on this item following the rest of the meeting. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, commented on the City and E.V.M.W.D. She detailed the actions planned by E.V.M.W.D. for future handling of reclaimed water. She advised Council that there is no other lake in California with reclaimed water. She detailed an incident where it was tried in a small lake, but did not work out. She urged Council to understand "Title 22 Water" and carefully review its use and the potential impact on the Community. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Councilman Dominguez commented that he expected the Revised Central Business District Ordinance to be on this agenda. City Attorney Harper clarified that this Ordinance must first go thru the Planning Commission for review. Mayor Pro Tem Starkey commented on the work underway on Graham Avenue and requested the Community's cooperation and patience while the project is being done. Councilman Buck addressed the comments of Mrs. Baker and advised that the City PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 25, 1992 has from day one insisted on "body contact water" and is working to obtain that verbiage. He questioned the ability to use the wells to fill the Lake and advised that he would be checking into it. Mayor Washburn further addressed the concerns of Mrs. Baker and explained that under the current agreement it would take the approval of three agencies for decision regarding water quality. He stated that he could not foresee anything short of recreation quality water being approved. Mayor Washburn advised that he is pleased with the removal of the buildings on Franklin Street and feels that a number of crime problems have also been removed with that demolition. THE CITY COUNCIL MEETING WAS RECESSED AT 7:59 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:07 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:07 P.M. TO DISCUSS ONGOING NEGOTIATIONS REGARDING ITEM #33 OF THIS AGENDA. THE CITY COUNCIL RETURNED FROM CLOSED SESSION AT 8:20 P.M. 33. Appeal of Condemnation Action for 516 North Main Street. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS TO ALLOW FOR FURTHER NEGOTIATIONS. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY BUCKrAND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 1 P.M. GARY M. ASHBU N, MAYOR CITY 0 AKE ELSINORE A TEST: T j VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 10, 1992 MAYOR WASHBURN ANNOUNCED THAT A NUMBER OF STUDENTS FROM ELSINORE HIGH SCHOOL HAD PARTICIPATED IN STUDENT GOVERNMENT DAY AND WOULD BE OPENING THIS COUNCIL MEETING. STUDENT MAYOR MOLLY LOPEZ ASSUMED THE CHAIR. CALL TO ORDER The Regular City Council Meeting was called to order by Student Mayor Molly Lopez at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Student Mayor Pro Tem Annemarie de Christopher. ROLL CALL - STUDENT PRESENT: COUNCILMEMBERS: BENJAMIN, DeCHRISTOPHER, OCHOA, LOPEZ ABSENT: COUNCILMEMBERS: ASIS Also present were: Acting City Manager Mandaro and City Clerk Davenport. A. Presentation Report on Student Government Day Activities. (F: 142.3) Student Mayor Lopez gave a report on the findings of the Mock City Council Meeting held earlier in the day. The question that the Student Council addressed was "What kind of business would Council like to see in the City of Lake Elsinore. ". Student Mayor Lopez indicated that the students findings were as follows: 1) Water Park 2) Wind Surfing 3) Races (Jet Ski , boat and ski) 4) Stocking quality fish for quality fishing. 5) More Campgrounds for camping 5) Paddle and Bumper Boats 7) Hotel and Lake side resorts 8) Amusement Park (miniature golf) 9) Health Spas (mineral and mud bath spas) 10) Outdoor skating rink 11) Dancing next to the Lake 12) A Stadium (for baseball , football or basketball ) 13) Amphitheater Student Mayor Lopez stated that the City of Lake Elsinore has the potential for these types of activities and with clean water most of the projects could be possible. They would also help to create jobs and attract the public for further City income. She stressed that as clean water is a necessity, the implementation of Lake Management is a must. She encouraged the students as well as all citizens of Lake Elsinore to support their local government and become involved. The other students concurred with the comments of Student Mayor Lopez. There being no further business the students turned the meeting over to the Mayor & City Council . PAGE TWO - CITY COUNCIL MINUTES - MARCH 10, 1992 ROLL CALL - CITY COUNCIL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. PRESENTATIONS CEREMONIALS B. Proclamation Jon Seri . (F: 122.1) Mayor Washburn read the Proclamation and presented it to Jeannie Corral on behalf of Mr. Serl . Mrs. Corral thanked the Council on behalf of Mr. Serl and commented briefly on the man and his works. PUBLIC COMMENTS - AGENDIZED ITEMS Mayor Washburn advised that he had requests to address item Nos. 3, 6 and 12 on the Consent Calendar. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3, 6, 9, 11, 12 and 13. MOVED BY STARKEY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. Regular City Council Meeting - February 25, 1992. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - February 19, 1992. (F:60.3) 2. Received and ordered filed the Building Activity Report for February, 1992. (F:32.2) 4. Received and ordered filed the Structure Abatement Activity Report for February, 1992. (F:32.4) 5. Received and ordered filed the Investment Report for January 31 , 1992. (F: 12.5) 7. Rejected and referred to Claims Administrator the Claim submitted by Holly L. Ferrier (CL #91-15) . (F:52.2) 8. Rejected and referred to Claims Administrator the Claim submitted by Kathy Davidson (CL #92-4) . (F:52.2) 10. Adopted Resolution No. 92-17 relating to Tax Allocation Bond Anticipation Notes, 1992 Series. (F: 126.5) RESOLUTION NO. 92-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE OF NOT TO EXCEED $5,750,000 PRINCIPAL AMOUNT OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. III TAX ALLOCATION BOND ANTICIPATION NOTES, 1992 SERIES. PAGL THREE - CITY COUNCIL MINUTES - MARCH 10, 1992 14. Approved Change Order No. 5 for Country Club Heights Paving Project, Phase 1, for California Asphalt and Grading in the amount of $ 22,745.00. (F: 156.2) 15. Approved Final Approval of Tract Map 22912-1,2 and 3, subject to the City Engineer's acceptance and authorized the City Clerk to sign the map. (F: 160.2) ITEMS PULLED FROM CONSENT CALENDAR 3. Code Enforcement Activity Report for February, 1992. (F:54. 1) Mayor Washburn invited Mr. Dick Knapp to address this item as requested. Mr. Knapp clarified that his intent was to speak on item 3 of the Redevelopment Agency Agenda. 6. Warrant Lists: a. February 19, 1992 (F: 12.3) b. February 28, 1992 (F: 12.3) Dick Knapp, 29690 Dwan, commented on these warrant lists and detailed specific expenditures. He questioned the expenditure of $8 million for one month when the entire Budget is only $8 million for the year. He also suggested that those finds listed in the Investment Report could be used to off-set the Police Services needs rather than taxing the residents. City Manager Molendyk clarified that the General Fund Budget is $8 million dollars, however this does not include assessment districts and their related improvements and expenditures; Redevelopment Agency activity and Public Finance Authority activity. City Attorney Harper explained the constraints of specific funds such as assessment districts and the redevelopment agency and how they may be used and they may not be used. He clarified the sources from which public safety services may be financed. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LISTS AS PRESENTED. 9. Resolution No. 92-16 relating to Annexation No. 53 Wesco Homes) . (F:20.2) City Manager Molendyk requested clarification of the location of this annexation. City Clerk Kasad explained that this annexation is located in the vicinity of Grand Avenue and Stoneman. City Attorney Harper clarified that this item relates to the previously approved annexation and is actually just a housekeeping item requested by the Local Agency Formation Commission. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-16: RESOLUTION NO. 92-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE PERTAINING TO PREVIOUSLY APPROVED ANNEXATION NO. 53 AND RELATING TO THE EXEMPTION OF SAID TERRITORY FROM EXISTING GENERAL BOND INDEBTEDNESS. 11 . San Jacinto/Lakeshore )rive Bridge Replacement - Contract for Professional Services. (F: 156.2) City Manager Molendyk requested that this item be deleted from the City Council Agenda and added to the Redevelopment Agency Agenda. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO MOVE THIS ITEM TO THE REDEVELOPMENT AGENCY AGENDA. 12. Community Development Block Grant Funding Requests. (F:84.2) City Manager Molendyk detailed the request received for this grant money and the staff's recommendations for the allocation. He explained that the PAGE FOUR - CITY COUNCIL MINUTES - MARCH 10, 1992 requests received totaled $155,000 and the City's total allocation is anticipated to be only about $114,000. Lisa Baker, representing United Way, commented on the programs housed by the Human Services Center and the efforts underway to increase the funding opportunities. She stressed the importance of the work being done by these agencies and requested support for the level of funding requested by the Center. Dottie Morrisette, Small World for Little People, requested that the Council continue their financial support of the Human Services Center and its programs which assist the Community and provide guidance to the residents. Norman Buchannan, 575 Chaney Street, also spoke in support of the funding requested by the Human Services Center. He detailed local statistics supporting the programs at the Center and requested funding be provided at the current level rather than the reduced level proposed. Mayor Washburn clarified the current level of funding and the intent that it was to be a matching fund to get the program underway. He also commented that he would like to see this assistance continued. Community Services Director Watenpaugh explained this grant program and the limitation that only 15% of the total allocation may be used for social services programs. He also explained that last year an extra allocation was obtained after this process because the cities of Murrieta and Temecula were not able to use their allotment. Mr. Watenpaugh also advised that a grant has been requested from United Way to supplement the needs, however, that has not been approved to date; and staff is still exploring other alternatives for funding. Councilman Winkler commented that he could see no opportunity for shifting the funds within the guidelines. He further commented that he feels the H.O.P. E. program has gotten off to a good start and he would like to see the City assist this effort as well . MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO APPROVE THE RECOMMENDED FUNDING AS FOLLOWS: Volunteer Center of Greater Riverside -0- Helping Our People of Elsinore (H.O.P.E. ) $ 5,000 Human Services Center $ 8,000 Alternatives to Domestic Violence $ 51000 Senior Home Repair $ 25,000 Senior Center Horseshoe Area/Parking, Walks, and Passive Area $ 71,000 TOTAL $114,000 13. Change Order for Storm Drain Line B=1 (Stage ZI from Machado Street to Grand Avenue, Community Facilities District 88-3. (F:22.3) City Manager Molendyk briefly explained this change order. Steve Bolton, representing the Keith Companies, explained the financing and improvements planned in Community Facilities District 88-3. He detailed project expenditures to date and the balances remaining for completion of the related projects. He also explained that this change order was intended to keep the projects moving and provides for tie-ins to the main B-1 Storm Drain to serve adjacent developments. City Attorney Harper commented that this is a good example of a case where PAGE FIVE - CITY COUNCIL MINUTES - MARCH 10, 1992 the funds were obtained and designated for an assessment district with specific improvements; and those funds can not be utilized for any other projects in the City. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO. I FOR PHASE II STORM DRAINAGE LINE "B-1", (STAGE 2) CHANNEL IN COMMUNITY FACILITIES DISTRICT 88-3 FOR BONADIMAN-MCCAIN IN THE AMOUNT OF $83,685.45. PUBLIC HEARINGS 31 . Annexation No. 61, General Plan Amendment 9I-3, Zone Change 91-5, Tentative Tract Mal 26409 - Tomlinson & Sons - Zimmerman. (F:20.2) (X:83.2) (X:I72.2) (X: 160.2) City Manager Molendyk explained this item which was continued from February 11, 1992. He advised that staff and Council have met with the concerned residents and will be working with the applicant. He further advised that the applicant has requested a 45 day continuance of this item. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO APRIL 28, 1992. 32. Recovery of Expenditures - Structure Abatement at 284 N. Ellis Street. (F:32.4) City Manager Molendyk explained this item. Community Development Manager Shear advised that the structure at this address has now been removed. He explained that the owner began to renovate the structure, however she found more extensive problems including the handling of a filled in swimming pool discovered during this work. The costs became prohibitive and the owner requested that the City handle demolition of the structure. Mayor Washburn stressed that these are costs the City will re-coup when the property is sold. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:55 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:56 p.m. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTIES TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 33. Recovery of Expenditures - Structure Abatement at 1108 W. Sumner Avenue. (F:32.4) Community Development Manager Shear explained that this property has had a progression of owners and a number of illegal additions. He further explained that the buildings have now been removed. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:57 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:58 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTIES TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 34. Recovery of Expenditures - Structure Abatement at 16717 Joy Street. (F:32.4) Community Development Manager Shear detailed this property and its history. PAGE SIX - CITY COUNCIL MINUTES - MARCH 10, 1992 He advised that the owner of the property authorized the City to demolish the structures. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:59 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 8:00 p.m. Mayor Washburn commented that in some cases the owner may agree to the demolition, but the cost is prohibitive at the time; so the City handles the abatement and liens the property to recoup costs when the property changes hands. He also advised that every building is inspected for asbestos and where necessary experts are called in to removed the asbestos to prevent endangerment of other residents. Councilman Dominguez commented on the owners authorization for the City to proceed. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTIES TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 35. Determination of Vicious Dog _ 1129 Monroe. (F:18. 1) City Manager Molendyk detailed the necessity of this public hearing pursuant to Food and Agriculture Code Section 31602 which provides that the determination that a dog is vicious and subject to impoundment be made pursuant to either a petition to the Municipal Court or to the City with jurisdiction. He explained that the recommendation to Council for this hearing is to consider all evidence and testimony presented and make the appropriate determination. Anne Washington, Executive Director of Lake Elsinore Animal Friends, explained the goals of L.E.A.F. and the position they would support in this case. Senior Animal Control Officer Hoffman detailed the history of incidents with the Tan Pit bull , Rosie, who is 6 years old, unvaccinated and unlicensed. Officer Hoffman stated the details of the dog bites involving two 7 year old children and the attempted bite of a Southern California Gas Company Meter Man. She further stated that the owners Rosemarie T. Welter and Roger Shaddocks were aware of the restrictions placed on the dog in quarantine and were found in violation of that quarantine and were cited due to the violation. Mayor Washburn opened the public hearing at 8:12 p.m. and called upon the owners to address Council . Mr. Roger Shaddocks, 1129 Monroe addressed Council and stated that the legal owner of the pit bull resides in Sage, California and would like to regain custody of the dog. He further clarified that the area where the owner lives is very rural and away from any populated areas. Mayor Washburn then asked the identity of the legal owner. Mr. Shaddocks advised that the owner is Don Brown. City Attorney Harper commented that at Council discretion the dog could be ordered to be sent to Sage. Mayor Washburn inquired if the dog were to return to the City of Lake Elsinore, it could be impounded and action taken. City Attorney Harper clarified that the Council could determine the dog to be vicious and require if the dog remained in the City Limits, for another twenty-four hours it be impounded. Alternatively, if the dog is given to the legal owner and moved to Sage, California, the matter is resolved but the impound order will remain in effect. PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 10, 1992 Officer Hoffman suggested that if the animal is to be given to the legal owner and moved to Sage, L.E.A.F. should contact the Animal Control Agency for Sage and advise them of the dog's history. Further L.E.A.F. would request confirmation of legal ownership. City Attorney Harper suggested that the public hearing be continued so L.E.A.F. has an opportunity for further investigation. If necessary, it can then be brought back to Council for further action following the investigation. Councilman Starkey asked if L.E.A.F. could require that the dog be licensed and vaccinated. City Attorney Harper stated that Council can declare the dog vicious and have it impounded and ultimately destroyed; or have a further recommendation from L.E.A.F. and continue the public hearing for two weeks and if Animal Control resolves the problems then the item has no need to come back. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE PUBLIC HEARING FOR DETERMINATION OF VICIOUS DOG FOR TWO WEEKS PENDING FURTHER INVESTIGATION AND FINDINGS FROM L.E.A.F. BUSINESS ITEMS 51 . Extension of Time for Tentative Parcel Map No. 24571 - Rancon Realty Fund IV. (F: 110.2) City Manager Molendyk commented on the history of this project and the current negotiations relating to the freeway off-ramp. He advised that a request for 30 day continuance was in order. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR 30 DAYS. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Mayor Washburn advised that he had requests to speak from George Alongi , Chris Hyland, Penny Baker and Edith Stafford. George Alongi , 649 Mill Street commented on the City budget and police related costs. He stressed the importance of public safety before all other items and suggested that new developers carry a larger share of the burden. Ralph Hibbard, 23987 Cypress, Quail Valley, addressed the future alignment of Chaney Street. He stated that he had previously sent a letter to Council explaining the hardship to the property owners in this corridor which will eventually be purchased by the City. He further commented that staff has indicated they have no idea when the City will purchase the right of way and this precludes the property owners from doing anything with their property. Mayor Washburn requested that Mr. Hibbard contact Public Services Director Tecca for further clarification. Chris Hyland, 15191 Wavecrest Drive, advised that in a letter to the editor regarding Lake Management this past week, she had suggested that, a test be conducted in the interest of public safety and welfare, before reclaimed water is released into the Lake. Penny Baker, 32840 Ortega Highway, clarified the obligations of Elsinore Valley Municipal District to the Lake Management Project and asked that the City not front the money to fulfill E.V.M.W.D. 's obligations. Edith Stafford, urged the Council to gain complete control of the lake for the benefit of the residents of the City of Lake Elsinore. CITY MANAGER COMMENTS City Manager Molendyk adv`,sed that he had need for a Closed Session regarding acquisition of property, pending litigation update and personnel matters. PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 10, 1992 CITY COUNCIL COMMENTS Councilman Dominguez advised that he had received a call regarding Treleven Avenue and how soon the City would be finishing the other half of the street. He requested that staff investigate and pursue this matter. Mayor Pro Tem Starkey advised that he received a call from Bobbie Vinson regarding a 6 year old boy with a serious illness. He further advised that The Farm Lion's Club would be holding a benefit Pancake Breakfast for the boy on March 28th from 7 a.m. to Noon; tickets are $3.50 each. He also advised that he would be attending and encouraged the other City Council Candidates to participate. He suggested that interested parties contact the City Clerk's Office for information on the event. Mayor Pro Tem Starkey commented on a recent conversation with a flood control official regarding the ability to use the wells to fill the lake. He further commented that the official was supportive of this effort and he requested that the Council 's Negotiating Team for the Lake pursue the use of three wells to fill the lake as soon as possible. Mayor Washburn showed the new Recreation Brochure and commented on the variety of programs being presented and the upcoming events. THE CITY COUNCIL MEETING WAS RECESSED AT 8:43 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:56 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 8:56 P.M. TO DISCUSS ACQUISITION OF PROPERTY, PENDING LITIGATION AND A PERSONNEL MATTER. THE CITY COUNCIL RECONVENED AT 9:31 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9: , P.M. GARY M ASHBURN, MAYOR CITY F LAKE ELSINORE AT EST: VICKI KASAD', CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET ( LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 24, 1992 CALL TO ORDER I The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE Of ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. PRESENTATIONS CEREMONIALS A. Proclamation = Christopher Black. (F:122.1) Mayor Washburn read the proclamation & presented it to Christopher. He introduced Christopher's Tae Kwon Do Master who explained the routines or "katas" done as exercises. Christopher then presented a "kata". B. Proclamation = Month of the Yo_Yo_ un4 Child. (F:122.1) Mayor Pro Tem Starkey read this proclamation and presented it to Dottie Morrisette representing- this year's program. Mrs. Morrisette thanked the Council for the presentation and commented on the prior year's program. She advised that this year's event will be held on April 4th from 10 a.m. to 3 p.m. at Elsinore High School and encouraged everyone to participate. C. Proclamation = California's Educational Partnership Week. (F: 122. 1) Mayor Washburn read this proclamation and presented in to Dee Thomas on behalf of the School District. He commented on the "Principal for a Day" program in which he participated this date. He commended Temescal Canyon High School Staff & students for their enthusiasm. Mrs. Thomas commented on the program and the efforts the School District has made to promote it. Mayor Pro Tem Starkey commented on his "Principal for a Day" experience at Withrow Elementary School and stressed the positive thinking a work being emphasized on this campus. City Manager Molendyk requested the addition of two additional presentations. D. Grand Avenue _Improvements. (F: 156.1) City Manager Molendyk commented briefly on the Grand Avenue Improvements and explained that a few delays have been experienced due to the recent rains. Public Services Director Tecca advised that this section of road between Riverside Drive and Robb Road should be open by April 3rd. He explained that the County is currently working on the County Section of this road near Machado Street and this could present the need for a flagman in that section even after the Lakeshore/Robb Road intersection is completed and open. He commented that these improvements will make access to Withrow Elementary School easier. PAGE TWO - CITY COUNCIL MINUTES - MARCH 24, 1992 E. Lakeshore Bridge. (F:156. 1) City Manager Molendyk commented on recent inaccuracies in comments regarding this project and requested clarification. Public Services Director Tecca commented on the recent Black & Veatch Study of this bridge and the subjective level of their analysis. He detailed inspections completed once every two years by Caltrans and the findings of the most recent regular inspection on March 15, 1991. He advised that an additional inspection was requested pursuant to the Black & Veatch Study and Caltrans completed their inspection on March 20, 1992. He detailed the findings of this recent Caltrans inspection which showed the bridge to have visible deterioration, however no specific concern with the load bearing capacity of the bridge. He explained that they did feel the bridge should be replaced and he updated the Council on the progress toward that replacement. He advised that Council and Community that a great deal of time has been saved on this project due to the efforts of Mayor Pro Tem Starkey in obtaining approval for a detour which will alleviate the need for mitigation measures to place the temporary bridge during construction. PUBLIC COMMENTS - AGENDIZED ITEMS Mayor Washburn advised that he had requests to address the following items: Item Nos. 3, 11 and 12. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion & consideration: Item Nos. 3, 11 and 12. MOVED BY BUCK SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. Regular City Council Meeting - March 10, 1992. (F:44.4) 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for February, 1992. (F:18.2) 4. Rejected & referred to Claims Administrator the Claim submitted by Marilyn N. Jianuzzi (CL #92-6) . (F:5.2.2) 5. Adopted Resolution No. 92-17a relating to Issuance of Series B Bonds for Community Facilities District 88-3. (F:22.3) RESOLUTION NO. 92-17a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE ISSUANCE OF BONDS BY CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE) , PRESCRIBING THE TERMS THEREOF, APPROVING THE FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT AND THE COMMITMENT AGREEMENT AND PURCHASE CONTRACT FOR PURCHASE AND SALE OF LOCAL OBLIGATIONS AND PROVIDING FOR OTHER MATTERS RELATED THERETO. 6. Adopted Resolution No. 92-18 relating to Revision of the Tax Formula for Community Facilities District 91-2. (F:22.3) RESOLUTION NO. 92-18 A RESOLUTION OF THE CITY OF LAKE ELSINORE OF CONSIDERATION TO ALTER THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 9I-2 (SUMMERHILL PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. PAGE THREE - CITY COUNCIL MINUTES - MARCH 24, 1992 7. Adopted Resolution No. 92-19 relating to Declaration of Weeds, Rubbish, Refuse and Dirt as a Nuisance and Ordering Abatement Notices to be Sent to Property Owners. (F: 166. 1) RESOLUTION NO. 92-19 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AND ANY OTHER UNAUTHORIZED FILL MATERIALS AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING OF OBJECTIONS, TOGETHER WITH THE FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. 8., Adopted Resolution No. 92-20 Authorizing the Position of Public Works Enforcement Officer to Enforce Code Violations. (F:54. 1) RESOLUTION NO. 92-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING AUTHORIZATION OF THE POSITION OF PUBLIC WORKS ENFORCEMENT OFFICER TO EXERCISE SPECIFIC ARREST AND CITATION AUTHORITY FOR MISDEMEANOR VIOLATIONS. 9. Adopted Resolution No. 92-21 Opposing Water Standby Charges. (F: 164. 1) RESOLUTION NO. 92-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE OPPOSING WATER COMPANY STANDBY CHARGES. 10. Approved Property Acquisition for Rice Canyon Reservoir - La Laguna Estates Property. Authorized the City Clerk to complete the Preliminary Change of Ownership Report and prepare Acceptance Certificate. Authorized expenditure of $66,500.00 to cover the cost of land, escrow closing costs and a policy of title insurance and authorized the City Manager to sign the escrow instructions. (F:22.3) 13. Accepted Notice of Completion for Traffic Signal at Lakeshore Drive and Machado Street for Fecit Strata, Inc. , and authorized recordation. (F: 162.4) 14. Approved public hearing date of April 28, 1992, for the following: a. Recovery of Expenditures - Public Nuisance - AP #378-301-007. (F:32.4) b. Recovery of Expenditures - Public Nuisance - AP #378-301-013. (F:32.4) c. Recovery of Expenditures - Public Nuisance - AP #363-100-049. (F:32.4) d. Recovery of Expenditures - Public Nuisance - AP #363-100-020. (F:32.4) e. Recovery of Expenditures - Public Nuisance - AP #373-073-014. (F:32.4) f. Recovery of Expenditures - Public Nuisance - 359 Avenue 6. (F:32.4) ITEMS PULLED FROM CONSENT CALENDAR 3. Warrant List - March 17, 1992. (F: 12.3) H. Tony Gilenson, 151 N. Torn Ranch Road, requested clarification of a number of the checks on this list. Mayor Washburn referred Mr. Gilenson to Administrative Services Director Boone for clarification. City Attorney Harper clarified that the Council 's action is ratification of the warrants already issued. He suggested that staff could provide a report on those checks at the next meeting if Council so desires. PAGE FOUR - CITY COUNCIL MINUTES - MARCH 24, 1992 MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 11 . Change Orders for the Lincoln Street Trunk Sewer & Grand Avenue Water Main Community Facilities District 88-3 - Thomas Pipeline. (F:22.3) Dick Knapp, 29690 Dwan Drive, expressed concern with the Change Orders on this project and detailed the original contract costs versus the final contract with the six change orders. He criticized City staff for allowing this level of change orders. His comments were directed at both this item and item #12 of this agenda. City Manager Molendyk reminded Mr. Knapp and the Community that this project is part of a special assessment district and not part of the general municipal fund. He commented that this does not represent any expense to current residents, only future buyers in that area. He further commented that this entire group of projects is being administered by Keith Company and introduced Jim Bolton of that company for clarification. Jim Bolton, Keith Company, clarified that the changes have been due to continuing project design work not completed when the project was bid. He also explained that some additional work has been authorized because of the low unit prices provided by the Contractor. City Manager Molendyk requested further clarification of those changes. Mr. Bolton clarified that a portion of these changes were approved after the work began due to issues of which they were not aware when the project was bid. He also clarified the contingencies built into the project which will be more than sufficient to complete the project. City Manager Molendyk questioned the overall budget for this group of projects and whether they were over- or under-budgeted. Mr. Bolton advised that the projects are nearly 50% complete and over 60% of the contingency funding remains available, and the remaining funds are adequate to complete the projects. Councilman Buck stressed the fact that this money is not billed to the taxpayers; the debt is against the property owners involved in the . projects. He further stressed that the City administers these funds for bond purposes only. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NOS. 4, 5 AND 6 FOR THE LINCOLN AVENUE & GRAND AVENUE TRUNK SEWER AND WATER MAINS IN COMMUNITY FACILITIES DISTRICT 88-3 FOR THOMAS PIPELINE. 12. Notice of Completion for Lincoln Street and Grand Avenue Trunk Sewer and Water Main, Community Facilities District 88-3 = Thomas Pipeline. (F:22.3) This item was addressed by Mr. Dick Knapp concurrently with Item #11 above. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION FOR THE LINCOLN STREET AND GRAND AVENUE TRUNK SEWER AND WATER MAIN FOR THOMAS PIPELINE. PUBLIC HEARINGS 31. Formation of Community Facilities District 91-5 Bri hton-Alberhill . (F:22.3) City Manager Molendyk highlighted this item. City Attorney Harper clarified that this hearing is for formation of the district, not issuance of bonds as that would be brought back separately when appropriate. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:36 p.m. asking those persons in support of this District to speak. The following persons spoke: Ken Meddock, Director of Land Development for Brighton Homes, thanked staff PAGE FIVE - CITY COUNCIL MINUTES - MARCH 24, 1992 for their efforts toward formation of this District and requested the Council 's support of the formation. Catherine Martinez, a resident of Robb Road, questioned the impact of this formation on residents of Robb Road. City Attorney Harper clarified it would only impact Brighton Homes, the property owner. Mayor Washburn asked those in opposition to speak. The following person spoke: I Dick Knapp, 29690 Dwan Drive, expressed concern with the $80 million dollar figure in this documentation. He detailed his research findings on the current investment and liens involved in this project. He expressed particular concern with the amount of "administrative" fees involved. City Attorney Harper again clarified that this is not City money which is to be used for infrastructure required of the development, it is merely a different way of financing the improvements. He further reminded Mr. Knapp that this does not represent a financial responsibility for the current taxpayers of the City of Lake Elsinore; only the developer and ultimately the buyers of his project. Mayor Washburn closed the public hearing at 7:46 p.m. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE FORMATION OF COMMUNITY FACILITIES DISTRICT 91-5 FOR BRIGHTON/ALBERHILL. 32. Recovery of Expenditures - Rubbish & Debris Removal at AP #373-023-008 - East Peck Street. (F:32.4) Mayor Washburn detailed this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:47 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:48 p.m. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 33. Vicious Dgq Determination - 1129 Monroe Street. Continued from March 1. 0,_ 1992. (F: 18. 1) City Attorney Harper reminded Council of the information received at the last meeting regarding this item and that this is the continuation of that hearing which is already open. He updated them on attempts to contact the legal owner and the lack of response from him. He recommended that Council find the dog vicious allowing L.E.A.F. to proceed as appropriate. The City Clerk reported no written comments or protests. Anne Washington, Executive Director, L.E.A.F. , advised that the dog is still in the care of L.E.A.F. as they have been unable to reach the legal owner. She further advised that it appears the legal owner is in a trailer park with 50 other residents, the dog is still unlicensed and L.E.A.F. has exceeded the 10 day requirement for holding the dog. George Alongi , Director for L.E.A.F. , commented that this situation is creating a hardship for L.E.A.F. He suggested that this type of situation be handled through the courts in the future to allow for more timely resolution. City Attorney Harper clarified that this matter has been debated in house and the Court system is not necessarily a quicker alternative. He PAGE SIX - CITY COUNCIL MINUTES - MARCH 24, 1992 explained the court process and timing and commented that based on his experience this is really the quickest process. Mayor Washburn closed the public hearing at 7:55 p.m. Mayor Pro Tem Starkey commented that the dog has been held longer than necessary already and suggested that L.E.A.F. proceed at the point the owner is contacted. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO DECLARE THE DOG VICIOUS AFTER THE CERTIFIED LETTER TO THE OWNER IS RETURNED. City Attorney Harper clarified after the return receipt is received or the letter returned. 34. Draft Source Reduction and Recycling SRRE and Draft Household Hazardous Waste HHWE . (F:163.1) City Manager Molendyk highlighted this item. Public Services Director Tecca introduced Kristen Braum of Kleinfelder to review the process and the draft documentation. Kristen Braum advised that she has worked closely with staff in preparation of the draft documentation. She further advised that Lake Elsinore is one of the first five Riverside County cities to turn draft documents in the the County. At this point the State and County reviews of the documents are underway. Mayor Washburn opened the public hearing at 8:00 p.m. asking those persons interested in this matter to speak. The following person spoke: Lori Tulstrup, resident of Woodcrest Drive, commented on her year long effort to clean-up an area in which people are dumping oil . She advised that this included making a citizen's arrest, eviction from her apartment and very little assistance from the agencies she has contacted. She further commented that to date the problem still exists. Mayor Washburn closed the public hearing at 8:02 p.m. Mayor Washburn questioned what enforcement this program could provide and the process for the type of problem detailed by Ms. Tulstrup. Kristen Braum advised that the problem detailed is currently the responsibility of the County and they should be monitoring the situation. She offered to call the County on behalf of Ms. Tulstrup. Mayor Pro Tem Starkey questioned the teeth for enforcement in this program and stressed the need to assure that concerns such as Ms. Tulstrup's are handled without her frustration and needing to appear at the Council meeting. He commented that he will make calls and work to make the program's enforcement stronger because he feels the process broke down. Councilman Buck commented from his experience, he feels the program has teeth, but agreed it appeared to have broken down. Councilman Dominguez stressed the need for ongoing enforcement to make participation in the program worthwhile. Mayor Washburn commented on the requirements placed on City's for recycling, etc. by 1995 and stressed the need for the residents to become involved in the program to prevent fines and punitive circumstances. City Manager Molendyk commented that a part of this program will be a staff person funded to educate the public and the schools on the recycling and other aspects of the program. He also commented on this evening's action to allow the Public Works Enforcement Officer to deal with this type of the violation in the public right-of-way. PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 24, 1992 MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAFF TO INCORPORATE THE COMMENTS RECEIVED TONIGHT WITH ALL OTHER COMMENTS RECEIVED DURING THE PUBLIC REVIEW PERIOD WHICH CLOSES ON MARCH 27, 1992 AND AUTHORIZE THE PREPARATION OF THE FINAL SOURCE REDUCTION & RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT. BUSINESS ITEMS 51. Extension of Time for Tentative Parcel Map No. 22385 - Dura Construction. (F:110.2) City Manager Molendyk detailed this request. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REQUEST OF DURA CONSTRUCTION FOR AN EXTENSION OF TIME. 52. Inland Empire Division - League of California Cities - Boundary Recommendations. (F: 108.9) City Manager Molendyk detailed this item, including the current divisions and the proposed changes. Mayor Washburn commented that he would support alternative A for a split of San Bernardino and Riverside. Councilman Buck disagreed and stated he feels this is an opportunity for the expansion of government and supported the level of representation currently being provided. He expressed concern with the potential for increased costs. Councilman Dominguez supported maintenance of this division as is. Councilman Winkler commented on the initiation of this discussion nearly two years ago. He suggested that the Riverside County Mayors and Councilmembers Conference has better attendance and could be an adequate level of interaction. He stressed the increased participation at the County level with the Coachella Valley versus the participation at the League. Mayor Pro Tem Starkey commented on his attendance at the League meetings and supported the split of the division. He further commented that he doesn't anticipate extra costs with the action. Councilman Buck further emphasized his concern with the growth in the number of governmental bodies. Mayor Washburn suggested that in his opinion this is a reduction in governmental bodies. Councilman Winkler clarified that this split must still be approved at the State level of the League of California Cities. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH BUCK AND DOMINGUEZ CASTING THE DISSENTING VOTES TO SUPPORT A SPLIT OF THE DIVISION WITH SAN BERNARDINO BEING ONE DIVISION AND RIVERSIDE COUNTY BEING ANOTHER. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Michael Warenski , 121 S. Pennsylvania Ave. , expressed his views and concerns in regard to nude bowling. He encouraged the City Council to place their concerns, efforts, tax money and action upon families who reside here and not in the lake or businesses. He further stated that the families of the City of Lake Elsinore are the most important part of the community and not anything else. Christine Hyland, 15191 Wavecrest, stated that at the last meeting she felt that her civil rights were violated under the first amendment in regard to her endorsement of two of the candidates. Mrs. Hyland quoted the Brown Act and PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 24, 1992 stated that unless the City Council has an Ordinance or Resolution setting the policy to restrict the subject matter the public wishes to address, then the public may address Council in any matter that concerns them. City Attorney Harper stated that Mrs. Hyland was accurate in her quote from the Brown Act, but the comments at a Council Meeting are limited, specifically by statue, to those issues which are within the subject matter jurisdiction of the Council and the obviously does not include standing up and saying vote for, endorse or support a candidate for office. He further stressed that that the election and campaigning are not within the subject matter jurisdiction of this Council and the purpose of the Brown Act is to limit the consideration of the City Council upon which it can consider and take action. Mr. Harper stated that the Brown Act does not anticipate that a City Council Meeting, because it is televised, is a public forum for citizens to talk about anything they want, rather the Brown Act contemplates the City Council Meeting and the purpose of discussing City Council jurisdictional business. The things which they can legitimately consider and vote on. Hilda Barnhart, 240 E. Graham, Apartment 12, announced the plans for the Frontier Days Parade. Ms. Barnhart encouraged any person interested in participating to contact the Chamber of Commerce. She further requested that Council consider waving the fees for the Rodeo Days Parade and drafting an ordinance or resolution which would make this type of activity subject to no fees as it is for the public and there is no fee for the entrants. Tony Gilenson, 151 North Tarn Ranch Road, stated that last Thursday night there was a Town Hall meeting and explained his information and opinion in regard to the City owning and operating its own police department. Penny Baker, 22840 Ortega Highway, gave facts regarding the Lake Management Project and stated that the City does have jurisdiction. She further proposed that the six project wells be used to replenish water in the lake to prevent a fish kill this summer. Mrs. Baker addressed the liability of the Lake in regard to Lake Management and made some suggestions in order to reduce the liability. George Alongi , 649 Mill Street, addressed the Lakeshore bridge and stated that the bridge is unsafe and that pedestrians cannot cross the bridge in safety. He further stated. He further stated that the issues that the Council are addressing are in respect to campaign statements and he asked that the candidates on Council and the other candidates have a debate in regard to these issues. Dick Knapp, 29690 Dwan Drive, stated that he felt that the Mello-Roos issues is out of hand. He further stated that the bottom line is that the City is responsible if the developers do not follow through and concerned for the new home buyers who will be responsible for the pay back for the next thirty years. Mr. Knapp explained that he felt that this fee should come out of the up front money at the time of sale. CITY MANAGER COMMENTS City Manager Molendyk reminded Council and the Community that the April 14th meeting will not be held because of the General Municipal Election. He also advised that the City Council installation would be held at 7:00 p.m. on April 21st at the Lake Community Center. City Manager Molendyk requested a closed session. CITY COUNCIL COMMENTS Councilman Buck expressed his concern regarding the Lakeshore Bridge. He further criticized the the tactics used to present the report in regard to the status of the bridge. Councilman Winkler announced the opening day of Little League and encouraged the citizens and Council to attend. Mr. Winkler asked if the padding of the poles had been accomplished. Community Services Director Watenpaugh confirmed PAGE NINE - CITY COUNCIL MINUTES - MARCH 24, 1992 that the poles have been padded and everything is ready to go. Councilman Dominguez commented on a letter from the City of Blythe addressing proof of license requirements and a letter from the City of Rolling Hills regarding authority to remove unsafe vehicles. He requested that Council review these letters for possible response. He congratulated City Clerk Kasad for being chosen as a Director of the Southern California City Clerk's Association. Councilman Starkey called on Ms. Penny Baker to address the Lakeshore Bridge issue. Ms. Baker stated that in the early description of the Lake Management Project, in addition to the outlet channel one of the projects was to change and enhance the location of the inlet channel . She further stated that originally the project was to be involved with the inlet channel , beginning with the Lakeshore Drive Bridge area and dropping downstream on the river flow and then turning into the new channel . That area was later deleted from the project. She also advised that Elsinore Valley Municipal Water District has applied for grant funds to improve the river bed and it would include the area surrounding the bridge. Councilman Starkey thanked Ms. Baker for her input and then addressed his suggestion of retrofitting the wells and pumping water into Lake Elsinore. He commented on an article in the newspaper stating that the Riverside County Flood Control Engineer had made the statement that it was O.K. to request this action to obtain water. Mr. Starkey further introduced information to substantiate his request and emphasized the need to proceed. Mayor Washburn announced that on the 27th of March there will be an agreement signed by the Federal Government and the Riverside County Flood Control District which insures that money is provided to the County to purchase right-of-way to start the construction of the outflow channel . Mayor Washburn stressed the importance of this action for the Community. Mayor Washburn commented on the importance of nuisance and structural abatement stated that the City is in the process of abating 516 N. Main Street with the cooperation of the property owner and this is for the improvement of the Community. THE CITY COUNCIL MEETING WAS RECESSED AT 9:06 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9: 17 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 9: 17 P.M. TO DISCUSS ACQUISITION OF PROPERTY AS IT RELATES TO THE LEHR OPTION. THE CITY COUNCIL RECONVENED AT 9:35 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:36 P.M. GARY WASHBURN, MAYOR CIT 0 LAKE ELSINORE A TEST: V CKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL MEETING CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, APRIL 9, 1992 1 . CALL TO ORDER The Special Meeting of the City Council was called to order at 4:04 p.m. by Mayor Washburn. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Planner Christen. 3. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER (Councilman Winkler arrived at 4:05 p.m. ) Also present were: City Manager Molendyk, Assistant City Manager Rogers, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. 4. BUSINESS ITEM A. Laguna Heights Annexation - Request for Pre-zoning & Concurrent Lilt LAFCO Processing Schedule. (F:20.2) City Manager Molendyk detailed the location of the proposed annexation. He explained that the developer would like to annex into the City and has requested the opportunity to the reduce the time frame for processing to make financing possibilities better. He also advised that City staff has met with LAFCO staff to pursue this concurrent processing schedule. COUNCILMAN WINKLER ARRIVED AT 4:05 P.M. City Planner Christen detailed the standard annexation processing schedule with approximately six months at the City level and another six months at the LAFCO level . He compared that to the possible concurrent schedule which could reduce the schedule by approximately six months to a year. He explained that this request is to reduce the time involved and does not tie the City to the final Specific Plan document. City Manager Molendyk advised that he met with Mr. Spiliotis of LAFCO who explained that this would not normally be done without other houses in the area or prezoning. He commented on LAFCO staff concerns with a pocket area this annexation will create. He further commented that the applicant has met with homeowners in that pocket area and is willing to do so again to pursue the potential for including that area in the annexation process. He advised that Mr. Spiliotis and City Staff are also willing to meet with those homeowners. He stressed the importance of going through the steps to include them toward the final consideration of the annexation. City Planner Christen commented on the concurrent processing and advised that whilE the LAFCO staff does not support this process, they have agreed not to oppose it. Mayor Pro Tem Starkey questioned the ultimate timing of the process. City Planner clarified that the concurrent processing would be at PAGE TWO - CITY COUNCIL MINUTES - APRIL 9, 1992 least six months shorter that the normal which is generally a year to 18 months. City Planner Christen further commented on the options for the pocket area and the need to attempt to resolve noncontiguous annexations. Councilman Dominguez inquired whether that pocket area would be part of the Specific Plan. Mr. Christen advised that it would not because it is already developed. Councilman Buck questioned the location of the pocket area. Staff clarified that this is the Brookstone Project. City Manager Molendyk stressed that this is a developer initiated annexation. Councilman Dominguez inquired whether this was the first annexation to be addressed this way. Mr. Christen advised that it is the first for the City, but other Counties don't require pre-zoning and a processed similarly. Mayor Washburn commented that this is an appropriate annexation to the City. City Manager Molendyk commented that quicker processing on this annexation will assist in obtaining financing and the applicant would be able to provide a golf course as the first phase. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO ADOPT RESOLUTION NO. 92-22. 5. ADJOURNMENT MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT : 19 P.M. �v GAR WASHBURN, MAYOR CIT F LAKE ELSINORE A TEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA APRIL 14, 1992 1. CALL TO ORDER The Regular City Council Meeting was called to order by City Clerk Kasad at 7:01 p.m. 2. ROLL CALL PRESENT: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN 3. ADJOURNMENT The Regular City Council Meeting was adjo ned due to lack of a quorum and the General Municipal Election of this d to at 7:02 p.m. VICKI KASA , CITY CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE LAKE COMMUNITY CENTER 310 WEST GRAHAM STREET LAKE ELSINORE, CALIFORNIA APRIL 21, 1992 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Special Projects Coordinator Wood, Special Projects Coordinator Basham and City Clerk Kasad. BUSINESS ITEMS 1. Certification of Election Results - Resolution No. 91-23. (F:72.2) MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 91-23: RESOLUTION NO. 91-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON THE 14TH DAY OF APRIL, 1992, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. 2. Presentations - Outgoing Councilmembers & City Treasurer. (F:44. 1) (F:49.1) Mayor Washburn presented Outgoing City Treasurer Cherveny with a City Tile Plaque and thanked her for her service to the City. Mayor Washburn presented Mayor Pro Tem Starkey with a Desk Set, City Tile Plaque and Scrapbook commemorating his service on the City Council . Mayor Washburn thanked him for his service to the Community and highlighted Mr. Starkey's efforts and accomplishments on behalf of the City. Mayor Pro Tem Starkey thanked the Mayor for this presentation. He commented on his four years on the City Council and thanked those who have supported him during that time and during the recent campaign. He commented on the goals of the outgoing Council and stressed the responsibility of the new Council to maintain and continue the positive progress. Mayor Washburn presented Councilman Buck with a Desk Set, City Tile Plaque and Scrapbook commemorating his service on the City Council . Mayor Washburn thanked him for his service to the Community and highlighted Mr. Buck's efforts and accomplishments on behalf of the City. PAGE TWO - CITY COUNCIL MINUTES - APRIL 21, 1992 Councilman Buck thanked the Mayor for this presentation. He commented on the goals of the outgoing Council and stressed the importance of specific projects to the future of the Community. He thanked those who have supported him in the Community as well as City staff. 3. Oath of Office - Newly Elected & Re-Elected Councilmembers & City Treasurer. (F:44. 1) (F:49.1) City Clerk Kasad issued Oaths of Office and presented Certificates of Election to Newly Elected Councilmembers George G. Alongi , Tere Cherveny and Gary M. Washburn; and Newly Elected City Treasurer Kevin W. Pape. 4. Comments - Newly Elected & Re Elected Councilmembers & City Treasurer. (F:44.1) (F:49.1) City Treasurer Pape thanked the Community for its support and expressed his excitement with serving the Community and working with City Staff. Councilwoman Cherveny commented that she is very pleased to be accepting this position and thanked the voters of the City who have supported her in this endeavor. Councilman Alongi thanked the Community for its support and commended the outgoing Council for their efforts and dedication to the City. Councilman Washburn thanked the voters who supported him and commented on his hopes for the future of the City. 5. Selection of Mayor. (F:44.2) City Clerk Kasad assumed the Chair and opened nominations for the position of Mayor. COUNCILMAN DOMINGUEZ NOMINATED COUNCILMAN WASHBURN. COUNCILWOMAN CHERVENY NOMINATED COUNCILMAN DOMINGUEZ. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR THE POSITION OF MAYOR. THE CITY CLERK CALLED FOR A ROLL CALL VOTE WITH RESULTS AS FOLLOW: COUNCILMAN ALONGI VOTED FOR COUNCILMAN DOMINGUEZ. COUNCILWOMAN CHERVENY VOTED FOR COUNCILMAN DOMINGUEZ. COUNCILMAN DOMINGUEZ VOTED FOR COUNCILMAN WASHBURN. COUNCILMAN WASHBURN VOTED FOR COUNCILMAN WASHBURN. COUNCILMAN WINKLER VOTED FOR COUNCILMAN WASHBURN. COUNCILMAN WASHBURN WAS DECLARED MAYOR AND ASSUMED THE CHAIR. 6. Selection of Mayor Pro Tem. (F:44. 1) Mayor Washburn opened nominations for the position of Mayor Pro Tem. COUNCILMAN ALONGI NOMINATED COUNCILWOMAN CHERVENY. COUNCILMAN WASHBURN NOMINATED COUNCILMAN DOMINGUEZ. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR MAYOR PRO TEM. THE CITY CLERK TOOK A ROLL CALL VOTE WITH RESULTS AS FOLLOW: COUNCILMAN ALONGI VOTED FOR COUNCILWOMAN CHERVENY. COUNCILWOMAN CHERVENY VOTED FOR COUNCILWOMAN CHERVENY. COUNCILMAN DOMINGUEZ VOTED FOR COUNCILMAN DOMINGUEZ. COUNCILMAN WASHBURN VOTED FOR COUNCILMAN DOMINGUEZ. COUNCILMAN WINKLER VOTED FOR COUNCILMAN DOMINGUEZ. MAYOR WASHBURN DECLARED COUNCILMAN DOMINGUEZ MAYOR PRO TEM. PAGE THREE - CITY COUNCIL MINUTES - APRIL 21, 1992 ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 7:30 M. � n GARY WASHBURN, MAYOR CIT 0 LAKE ELSINORE -- A TEST: V C I KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES STUDY SESSION CITY OF LAKE ELSINORE PLANNING DEPARTMENT CONFERENCE ROOM 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA FRIDAY, APRIL 24, 1992 CALL TO ORDER: The Study Session was called to order by Mayor Washburn at 1: 05 p.m. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilwoman Cherveny. ROLL CALL• PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. BUSINESS ITEMS• Mayor Washburn requested deferral of Items 1 and 2 until the arrival of Councilman Winkler. 3 . Explanation of the Brown Act City Attorney Harper prefaced his comments with a reminder that the best idea is to call him whenever questions of potential conflict arise. With regard to the Brown Act he advised that all "public meetings" must be open to the public, except in the case of personnel matters, litigation and real estate transactions which may be discussed in closed session. He also advised that violations of the Brown Act are punishable as misdemeanors. He explained that a purely social function is not considered a public meeting. He further explained that two Councilmembers may not discuss a matter and obtained concurrence by a 3rd to proceed as this is considered a serial meeting. He also advised that Closed Session actions must only be announced if they pertain to personnel matters. City Attorney Harper detailed other points of the Brown Act such as the 72 hour posting requirement for City Council Agendas; and the ability to add items by a 4/5th vote. He also commented on specific changes currently proposed by Assemblyman Kopp and promised to keep the Council advised of changes as they occur. Page two Study Session µ April 24 , 1992 City Attorney Harper again stressed the importance of contacting him to prevent violations and in cases of uncertainty he recommended abstention from vote. He detailed prohibitions including contractual conflicts of interest; purchase of property in any project area excluding principal residence; travel discounts and consideration of evidence not presented in public hearings. Councilman Alongi questioned the ability of individual Councilmembers to endorse legislation before higher bodies of Government. City Attorney Harper explained that the City may not expend funds toward passage or defeat of specific legislation, ballot measures, etc. He further clarified that individuals may support legislation, but may not arbitrarily do so on behalf of the Council. Councilman Alongi questioned conflicts between Ordinances and the Municipal Code. City Attorney Harper commented that generally this will not occur, but requested more information. Mr. Alongi specifically questioned Section 10.48 . 10 regarding ability to park vehicles for sale. Mr. Harper clarified and explained that in this type of conflict he would recommend dismissal and work to revise the Ordinance. 2 . City Council Procedures. Mayor Washburn highlighted the Council Policy Manual. Councilwoman Cherveny questioned the policy relating to Change Orders on public projects, which requires Council consideration of items involving 10% of project costs or $10, 000. She inquired whether there would be a limit to the number of change orders less than this amount staff could process without returning to Council. City Attorney Harper explained that generally each change order would stand on its own because each represents a different modification. Public Services Director Tecca clarified that when the 10% increase point is reached even with small change orders, staff routinely brings all change orders received to Council for approval, as well as all future change orders. Mayor Washburn commented on the Council 's policies of courtesy and professionalism. He stressed that approved Council policies become the policies of the entire Council, no matter what the vote at the time of approval. He also commented on Committee assignments and the responsibility of each Councilmember to participate in this capacity. He reminded Council that there are no independent powers for any Councilmember. COUNCILMAN WINKLER ARRIVED AT 1: 55 P.M. Councilman Alongi questioned response time to Councilmembers complaints and requests. City Manager Molendyk advised that staff strives for a 72 hour turn-around on Council requests; after 72 hours the department will provide a report on the status of the complaint. Page three Study Session - April 24, 1992 Councilman Alongi commented on insect problems being reported in the Community, specifically a caterpillar problem at Machado Pines. Mobile Home Park. City Manager Molendyk advised that the City does not currently have a program to address this; however staff is working on a program in connection with the Western Riverside Council of Governments. Councilman Alongi stressed the need to address this problem at City Hall. City Manager Molendyk suggested that Community Development Manager Shear investigate the problem in connection with the Weed Abatement process. He commented that a number of these problems stem from the excessive rains and new vegetation growth. Mayor Washburn suggested that this is the type of problem which could be referred to a Council Committee. City Attorney Harper reminded Council of private property's impact on the ability to just solve some problems. City Manager Molendyk stressed the need to get as much information as possible, so staff can resolve problems and answer requests quickly. Mayor Washburn added that a number of the complaints received by the City actually pertain to the County. Mayor Washburn suggested that Council Committees and individual Councilmembers provide follow-up memos to the rest of Council to keep them informed of meetings and City related contacts. City Manager Molendyk commented on Council office hours and the need to work out schedules. Mayor Washburn further commented that there is an informal policy for Council to share one office, but it can be worked out to accommodate specific requests. Councilman Alongi commented that he would like space to keep records and files. City Manager Molendyk advised that staff is working to provide Council individual storage space. City Attorney Harper cautioned Council that records could become public under some circumstances. Councilman Alongi advised that he intends to be in the office from 8 to 10 a.m. daily. Mayor Washburn questioned the ability to interrupt him. Mr. Alongi advised that would be no problem. City Manager Molendyk suggested, when appropriate, the use of conference rooms for meetings or privacy. Mayor Washburn suggested Councilmembers include appropriate department heads in meetings to help answer questions and obtain input for resolution of problems. City Manager Molendyk advised that press contacts are generally directed to the City Manager' s Office. He further advised that Mayor Washburn has acted as the City's spokesman on Lake Management. Mayor Washburn explained that this was because of his participation on the negotiating team. Mayor Pro Tem Dominguez suggested response to reporters via FAX for documentation. Page four Study Session - April 24, 1992 Councilman Alongi questioned the ability to speak with the press when a Councilmember disagrees with the City or Council position. Councilman Winkler clarified that any Councilmember can respond to the press individually. City Manager Molendyk further clarified that simply voting differently from the rest of Council might trigger the press to ask questions of individuals and response to those questions would be appropriate. City Attorney Harper cautioned Council about discussing matters from Closed Sessions, as they are confidential and disclosure may represent a misdemeanor violation. 1. Goals and Objectives. Mayor Washburn commented on the General Plan Goals and objectives and Redevelopment Agency Project Areas. He further commented that any amendment to existing Project Areas or establishment of new areas requires renegotiation of agreements for pass-through to other agencies. City Manger Molendyk listed the present Goals and Objectives as follows: 1) Public Safety-high priority; possible supplemental security. 2) Master Planning of Parks, Economic Programs, Circulation Plans, etc. 3) Downtown/Central Business District working to upgrade Main Street and historical buildings; also nuisance abatement and clean-up. 4) Rousing-More affordable housing including rehabilitated and new housing, assessment District behind City Hall. 5) Street Programs - 5 year program in place. 5) Recreation and Park Programs - Methodist Church acquisition; Cultural Arts Programs. 7) Economic Development - major interest in theater, etc. 8) Lake Management. Councilwoman Cherveny questioned the status of the Lakeshore Bridge. Public Services Director Tecca advised that a repair project will be considered on the next agenda. City Manager Molendyk commented that the replacement project should be beginning in August. Mr. Tecca further advised that the Hydrology Studies completed for the bridge previously were based on completion of the Lake Management Project, and new work may be necessary before work can begin. City Treasurer Pape questioned the need to spend money to repair the bridge at this time if replacement work is to begin in August. Page five Study Session - April 24, 1992 Mayor Washburn clarified that the bridge has been certified, but is being addressed to reduce concerns which have recently arisen. Public Services Director..Tecca explained that this is a Caltrans bridge, subject to their certification; it has received certification for full load weights, however they recommend replacement or repair. City Treasurer Pape suggested replacement rather than repair. Councilman Alongi questioned the variation in the two recent reports. Staff clarified. Councilwoman Cherveny questioned the current agreements with the State for access around the Lake. Councilman Dominguez commented that he believes the only existing agreement is with the military academy. City Attorney Harper advised that he is not sure what rights exist and suggested a court may need to ultimately decide this. Councilman Alongi stressed the current concerns of the residents. City Attorney Harper stated that generally the same property rights will carry from the State to the City. City Manager Molendyk explained that the rights of the property owners will need to be addressed as part of the transition process following final approval of AB 1697. Mayor Washburn stressed that the General Plan and the Annual Budget are the main resource for setting Goals and Objectives. He requested Council input on individual goals. Councilman Winkler commented on the Budget process and supported the following goals. 1) Assessment District behind City Hall - suggested use of RDA money to initiate. 2) Public Safety - encouraged Study Session with the School District to address gang and drug problems; stressed need for community involvement to reduce crime. 3) Lake Management - need to improve relations between City and E.V.M.W.D. Councilman Dominguez concurred with the Goals mentioned and stressed the need to initiate requests through the City Manager so he can delegate work to appropriate staff. Councilwoman Cherveny advised that her most important issue is PUBLIC SAFETY. Councilman Alongi advised that his goals are: 1) Police - security program 2) DBA - renegotiate agreements 3) Chamber of Commerce relations/programs - Low interest loans; review RDA 4) Affordable Housing Page six Study Session - April 24, 1992 City Manager Molendyk questioned the Security Program suggested by Mr. Alongi and inquired if it would be a private firm or if it would be owned and operated by the City. City Attorney Harper also suggested another alternative would be a uniformed volunteer patrol. City Manager Molendyk commented that the volunteer patrol was attempted and liability became a factor. COUNCILMAN WINKLER LEFT THE MEETING AT 3 : 20 P.M. City Manager Molendyk clarified the inability of the current security firm to make arrests. Councilwoman Cherveny stressed the need for security in other areas of the City. City Manager Molendyk concurred that a moveable focus would be appropriate for this security. Councilwoman Cherveny expressed concern with the daily cleaning of the downtown area and the appearance of preferential treatment. City Manager Molendyk explained that the intent of the daily cleaning was to maintain the area during construction and help draw the tourism reputation to the area. Prior Council policy was to maintain a higher level of maintenance like a mall; however Mr. Molendyk suggested that it could possibly be reduced after construction and the related dust were no longer a factor. Councilman Alongi suggested participation of the D.B.A. to assist with maintenance. He also further addressed the use of security as an alternative to the cost of police services. ADJOURNMENT BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE STUDY SESSION AT 3 : 25 P.M. GA M. WASHBURN, MAYOR AT EST: VICKI KASAD, CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 28, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Community Services Manager Sapp and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation z Hire a Veteran Week z May 4-8 1992. (F: 122. 1) Mayor Washburn read this Proclamation and presented it to Jim Waggoner representing the Veterans Affairs Organization. Mr. Waggoner thanked the Council for this recognition and advised the public of the Veteran's Outstation at 323 N. Main Street, which holds office hours Monday thru Friday from 9 a.m. to 3 p.m. Mayor Washburn encouraged the Veterans of the area to participate and utilize this service. B. Councilman Winkler commented on the recent plane crash at Perris Airport which killed a number of skydivers. He also commented on a friend of his who was one of the victims and an integral part of the Lake Elsinore skydiving history. He recognized Tony Brogdon to comment further. Tony Brogdon, Skydive California, commented on the love of life skydivers share and commented on the skydiving operations and safety in Lake Elsinore. He also commented on work underway to bring more skydiving related events to the City. He advised that after inspection by the Air Traffic Safety Board, the airport and his operation have been declared safe. He presented a skydiving photograph to the City Council for placement in City Hall . C. Mayor Washburn welcomed new Councilmembers Alongi and Cherveny to the Council and briefly highlighted City Council Meeting procedures. THE CITY COUNCIL MEETING WAS RECESSED AT 7:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:26 P.M. PUBLIC COMMENTS = AGENDIZED ITEMS Mayor Washburn advised that he had received requests to address items 9 and 10 of this agenda and they would be handled when those items are discussed. CONSENT CALENDAR Councilman Alongi advised that he would be abstaining on items 1.a. , l .b. and 8. PAGE TWO - CITY COUNCIL MINUTES - APRIL 28, 1992 The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25 and 27. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. Regular City Council Meeting - March 24, 1992. (Councilman Alongi abstained from vote) . (F:44.4) b. Special City Council Meeting - April 9, 1992. (Councilman Alongi abstained from vote) . (F:44.4) c. Regular City Council Meeting - April 14, 1992. (F:44.4) d. Special City Council Meeting - April 21, 1992. (F:44.4) The following Minutes were received and ordered filed: e. Planning Commission Meeting - March 4, 1992. (F:60.3) f. Planning Commission Meeting - March 18, 1992. (F:60.3) 2. Received and ordered filed the Building Activity Report for March, 1992. (F:32.2) 3. Received and ordered filed the Code Enforcement Activity Report for March, 1992. (F:54. 1) 5. Received and ordered filed the Structure Abatement Activity Report for March, 1992. (F:32.4) 6. Received and ordered filed the Investment Reports for: a. February 29, 1992. (F: 12.5) b. March 31, 1992. (F:12.5) 8. Rejected and referred to Claims Administrator the Claims Against the City submitted by Merlin Jacobsen, Arbor Pro Tree Service, Lynda Selter, Jose Becerra & Southern California Edison Company. (Councilman Alongi abstained from vote) . (F:52.2) 24. Accepted Notice of Completion for Terra Cotta Junior High School Park Sports Lighting for R. I.S. Electric, .Inc. (F: 114.7) 26. Approved Final Tract Map 24624-6 and authorized recordation to include dedications. (F:160.2) 28. Approved Proclamation for Transit Appreciation .Day on May 13, 1992. (F: 122. 1) ITEMS PULLED FROM CONSENT CALENDAR 4. L. E.A.F. Animal Control Activity Report - March, 1992. (F:18.2) City Manager Molendyk introduced this item. Councilman Alongi commented on the importance of L.E.A.F. 's operation and detailed specific statistics on euthanized animals and animals turned in by their owners. He stressed the need for strict laws requiring spay and neuter procedures for animals to prevent these statistics. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND FILE THE ANIMAL CONTROL ACTIVITY REPORT FOR MARCH 1992. PAGE THREE - CITY COUNCIL MINUTES - APRIL 28, 1992 7. Warrant Lists for: a. March 31, 1992. (F:12.3) b. April 15, 1992. (F:12.3) Councilwoman Cherveny requested that additional information be supplied on larger transactions until she. can gain a comfort level with the information. City Manager Molendyk advised that in the future a narrative line will be included on all transactions over $50,000. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO RATIFY THE WARRANT LISTS AS PRESENTED. 9. Ju_ly 4 Car Show Request for Co-Sponsorship & Waiver. (F:64.2) City Manager Molendyk explained that as part of the last two July 4th programs a car show has been -presented as part of the celebration. He further explained that at last years celebration, staff was approached by the local car club and they indicated that they would be interested in co-sponsoring this event. Mr. Molendyk also explained that this would be similar to the previous events with the exception that the car club would like to have a beer garden in conjunction with the car show. Mayor Washburn called upon Mr. Harding to represent the Car Club. Mr. Harding, 17428 Ryan Street, explained that it is the intention of the car club to keep this a family event. He further explained that at last year's event there was not a place to get food and.drink and they are proposing a beer garden to meet that request as well as to generate revenue to help defray the cost of the next year's event with a donation of $300 to Special Olympics. He further stated that the Beer Garden would be enclosed by a fence with only one entrance and exit. Councilwoman Cherveny inquired whether the Special Olympics receiving the donation were located in Lake Elsinore. Mr. Harding explained that the Charter Chapter of Special Olympics is located in Murrieta. Councilwoman Cherveny inquired whether a commitment had been made to this organization or if it could be donated to a organization within the City. Mr. Harding explained that they have made a commitment to the Special Olympics, but if the Police Explorers help and there are enough funds generated then a donation could be made to them. Councilman Dominguez inquired how much revenue is expected from this event. Mr. Harding advised that they anticipate approximately $1000. Mayor Washburn questioned the number of volunteers who would assist with clean up. Mr. Harding stated that with the car club volunteers and the volunteers from the Special Olympics chapter there would be plenty of people for staffing and clean-up. Councilman Alongi expressed concern with the serving of alcohol and the City's portion of the cost of the show. Councilman Dominguez agreed with Councilman Alongi regarding alcohol , however he reminded Council that this is a budgeted event which the City includes in the July 4th celebration. He suggested that if the club is selling alcohol to earn money, then give them the $1000 and proceed with the show itself. Councilwoman Cherveny also expressed concern with the serving of alcohol and stated that she would like to see any donations be for organizations within the City. Councilman Winkler asked if the request for waiver and co-sponsorship were like seed money and that within the next few years the car club would pay for the whole thing themselves. City Manager Molendyk confirmed that this was the plan. Councilman Winkler explained that he had no problem with the PAGE FOUR - CITY COUNCIL MINUTES - APRIL 28, 1992 City providing temporary assistance, but would like to see them eventually provide for themselves. Community Services Manager Sapp explained that it is the intent of this organization to eventually take over all the expense of this function. He further explained that this group has held this event at Lake Perris and the Sheriff's Department has complimented them on having no problems. Councilman Dominguez further stated that if there is a problem with the alcohol and the beer garden is their way to make revenue, then give them the $1000 and proceed with the event. Councilman Dominguez again clarified that this is a City sponsored event. Councilman Alongi re-stated his opinion regarding alcoholic beverages at City functions. Councilman Winkler asked Mr. Sapp if the function would still be presented if alcohol was not allowed. Community Services Manager Sapp explained that the Board of the car club would need to go back and re-evaluate the situation. Councilman Winkler stated that he would prefer there be no alcohol at the event since it has been the policy of Council to have no alcohol at the Fourth of July events. Mayor Washburn explained that this event is something the City has been trying to nurture and that it is a viable organization which has offered to co-sponsor this event. He further explained that it is up to the individual to decide if he or she is going to drink, but an enclosed beer garden would be one way to control the situation. Councilwoman Cherveny stated that she would have no problem with them serving food and soft drinks, but is against the serving of alcohol in conjunction with the July 4th events. Councilman Dominguez stressed that this is a City event and not an event of the car club. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO I WITH WASHBURN CASTING THE DISSENTING VOTE TO SEND THE ITEM BACK TO STAFF TO ALLOW A RE-EVALUATION BY STAFF AND THE CAR CLUB OF THE FUNCTION WITHOUT THE BEER GARDEN. 10. Chamber of Commerce Frontier Days Parade Request/Waiver of Fees. (F: 108.4) City Manager Molendyk gave a brief overview of the project and pointed out the staff report break down of the amount requested as fees for the parade. He explained the City Council is the only level empowered to waive the fees as requested. Mayor Washburn then invited Joan Rhodes, President of the Chamber of Commerce to address the Council . Joan Rhodes, 973 Lori Way, asked that the -City Council waive the fees for the Parade. She explained that this event would present the downtown area and is for the benefit of the entire Community. She further explained that this function does not generate any income and that the Miss Rodeo Pageant and the Rodeo fees are paid. She stressed that this event is strictly to provide entertainment to the residents of the City of Lake Elsinore and she felt that the fees should be waived. Councilwoman Cherveny advised that she is in favor of waiving the fees because the parade is co-sponsored by the City of Lake Elsinore and it is for all the people of the City of Lake Elsinore without cost to them. She further stated that this was a good way for the City and Chamber to work together. Mayor Washburn asked for clarification in regard to the fees for the parade last year. PAGE FIVE - CITY COUNCIL MINUTES - APRIL 28, 1992 Community Services Manager Sapp explained that the City was a co-sponsor last year and the fees were paid, but this year the City was not asked to be a co-sponsor and it was requested that the fees be waived. Councilman Alongi asked that Hilda Barnhart address Council to clarify this issue. Hilda Barnhart, representing :the Parade Committee, explained that she was not aware that the committee had to approach City Council each year for co-sponsorship, since this event has been co-sponsored by the City since 1984. She then read the invitations for this year which did represent the City as a co-sponsor. Mayor Washburn expressed his concern regarding the fact that volunteers are not always there -and the City staff ends up doing all the work, with compensation being paid by the City's General Fund Councilman Alongi stated that last year there was a break down in communication, but he was sure that the Chamber would provide the volunteers to work the parade this year. He further stated that he did not understand the City's position in regard to supporting the car club event and not supporting the Chamber in regard to the parade. He explained that the City should co-sponsor the parade as it is a civic function and is for the entire community and that the fees should be waived because it is for everyone. Councilman Dominguez explained that it is Council Policy not to waive the fees and if we are going to waive fees on these type of events then it should be addressed in a Council Policy change to 4ddress future events, but at this time the Policy should stand and Council should follow staff recommendations. Mayor Washburn asked what the minimum amount of volunteers would be necessary to work the parade. Community Services Manager Sapp stated that a minimum of fifteen (15) are needed for manning the barricades and working the route. Councilman Winkler expressed his concern in regard to how many events the City would be involved in. Councilman Dominguez stated that the Christmas Parade should be the only .City co-sponsored parade. Councilman Alongi stated that in other cities the Chambers of Commerce and cities work closely and there should be no conflict here. Mayor Washburn stated that Council needed to determine Policy so that the Budget could reflect these events. Councilwoman Cherveny stated that the Council should address and change policy in regard to this issue. Councilman Winkler explained that there is a policy set and when it is compromised by waiving fees it weakens the Council 's position. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO APPROVE STAFF RECOMMENDATION TO DENY THE WAIVER OF FEES AND TO CONSIDER A REVISION OF COUNCIL POLICY. THIS MOTION WAS DEFEATED BY A VOTE OF 2 AYES TO 3 NOES. MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY A 3 TO 2 WITH DOMINGUEZ AND WINKLER CASTING THE DISSENTING VOTES TO WAIVE THE FEES FOR THE LAKE ELSINORE CHAMBER OF COMMERCE FRONTIER DAYS PARADE AND TO CONSIDER REVISION OF THE COUNCIL POLICY. 11 . Change of Ownership Sahara Dunes Casino, Inc. (F:34. 1) City Manager Molendyk highlighted this request for transfer of ownership. PAGE SIX - CITY COUNCIL MINUTES - APRIL 28, 1992 Councilwoman Cherveny inquired whether the Ordinance regulating fees could be amended after this approval . City Attorney Harper advised that it can be amended at any time and commented on previous fee amendment discussions. He further advised that the Attorney for the applicant is aware of the potential that the fees could change. He also advised that he believes that amendment will be on the May 12th agenda. Councilwoman Cherveny inquired whether the City held the "pointholder affidavit" referenced in Section 5.28. 120 of the Municipal Code. City Attorney Harper advised that they were not yet received because the transfer is not complete; and explained that his recommendation would be to approve the transfer subject to approval by the Department of Justice. Councilman Alongi questioned placing a requirement that the property be hooked up to sewer and suggested that staff assist in the extension of the line. City Attorney Harper suggested that this would be most appropriately addressed at the time plans for rennovation of the building are approved. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE TRANSFER OF OWNERSHIP FOR THE SAHARA DUNES CASINO, INC. , SUBJECT TO APPROVAL BY THE DEPARTMENT OF JUSTICE. 12. Parking Restrictions on Main Street. Resolution No. 92-24. (F: 112. 1) City Manager Molendyk explained the item and prior considerations. He further explained the timing proposed to allow for cleaning of streets and sidewalks. He added that some concerns have been voiced by two or three businesses in the area. Councilwoman Cherveny advised that she would like to see the two hour parking in place but requested a continuance to look at some concerns expressed by area business owners. Councilman Dominguez suggested that this item be referred back to the Public Works Committee for further review. Councilman Alongi questioned the direction to refer this item back to the Public Works Committee. Mayor Washburn clarified that he feels it should go back to the Public Works Committee, because the committee now has new members to review it. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. 13. Human Service Center/Lake Elsinore Unified School District Memorandum of Understanding. (F:64.4) Mayor Washburn detailed this item and its purpose. Councilman Alongi questioned whether grant funding being pursued would eliminate the need of this center for C.D.B.G. funds. Mayor Washburn advised that it would not necessarily mean that, because individual programs might still request funding. City Attorney Harper reminded the Council that C.D.B.G. funds would be considered during the annual public hearing for the grant funds. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SIGNATURE OF THE MEMORANDUM OF UNDERSTANDING. 14. Request for Refund of Building Permits _ Woodcrest Development, Inc. Tract 17413-3. (F:160.2) — Councilwoman Cherveny requested clarification that these are fees paid in PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 28, 1992 advance for which they are requesting a refund. She questioned the City's policy for this type .of refund and the need to draw from reserves to fund the refund. She further questioned the payment of taxes and how the City could insure where the money would go. Administrative Services Director Boone advised that the check would be made payable to Woodcrest Development and the Tax Collector jointly. Councilman Alongi inquired what the current tax liability is. Administrative Services Director Boone advised that it is approximately $300,000. City Attorney Harper clarified that there is no legal obligation to refund building permit fees and that many building permits are never used. He explained that if Council prefers, there are allowances for reimbursement of fees under some circumstances. Councilman Alongi commented that the permits were pulled in advance to avoid payment of increased Elsinore Valley Municipal Water District charges, and that was the chance they took. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DENY THE REQUEST FOR REFUND. Councilwoman Cherveny stressed the importance of adhering to prior policy. 15. Mortgage Credit Certificate Program z Cooperative Agreement with County of Riverside z Resolution No. 92-25. (F:68. 1) Councilwoman Cherveny expressed concern that only ten homeowners have utilized this program. She stressed the need to publicize the program better. City Attorney Harper advised that staff is currently reviewing a "first-time buyer" program which would hopefully draw a greater use. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-25: RESOLUTION NO. 92-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE AND TO PERMIT THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES IN LIEU OF QUALIFIED MORTGAGE BONDS. 16. Change Order for the 16" Rice Canyon Water Transmission Main, Community Facilities District 88-3. (F:22.3) Councilwoman Cherveny requested details on items 16 through 21 of this agenda relating to Community Facilities District 88-3. She commented that it is her understanding that these change orders are due to other agencies making changes after the fact. City Manager Molendyk commented generally on the Community Facilities District and suggested that Council may wish to attend a meeting of the district participants to gain a better understanding of the project. Peter Savello, Paul Moote and Associates, construction managers for Community Facilities District 88-3, stressed the differences between these projects and other public works projects. He specifically addressed Joy Street as an example, indicating that once work had begun a number of unknowns were encountered due to the age of the original improvements such as locations of water and gas lines. He then detailed each change order in items 16 through 21 respectively. Mr. Savello explained that the Rice Canyon Water Transmission Line is located at the end of Mountain Street and extends approximately 1-1/4 PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 28, 1992 miles through the canyon. He further explained that this is a highly sensitive area with regard to Fish and Game and flooding. He detailed the upgraded facilities in this change order to address the the risk of flooding. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 17. Change Order for .Storm Drain Channel "Line B-1" LStaqe 11 at Machado Street, Community Facilities District 88-3. {F:22.3) Mr. Savello explained that this is the existing channel from the Lake to Machado Street, which is being extended to Grand Avenue and beyond. He advised that this change order was a field decision to replace welded water line joints under the channel with flanged joints to allow for easier future repairs. He further explained that a gas main was replaced at additional cost, however, it took four days rather than the 5 or 6 weeks projected by the Gas Company. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 18. Change Order No. 2 for Trunk Sewer and Lincoln Waterline Relocation.- Phase I, Community Facilities District 88-3. (F:22.3) Mr. Savello advised that this project is now complete. It involves a 48" sewer pipe and waterline relocations on Lincoln Street. He further advised that this change order is because of the wrong materials being received and some previously unspecified costs for flanged fittings. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 19, Change Order No. 3 for Robb Road Booster 2-um o Station Improvements, Community Facilities District 88-3. (F:22.3) Mr. Savello advised that this project was originally planned to remove and replace a portion of the existing concrete and once work began, there was more concrete which needed replacement, as well as some replacement work on the wrought iron fence. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 20. Change Order No. 3 for Lincoln Street and Grand Avenue Street Improvements, Community Facilities District 88-3. (F:22.3) Mr. Savello explained that this was originally a City project, which is being financed by the Community Facilities District for reimbursement at a later date. He further explained that the original plan was to have the trees and fences removed through other means, however, timing became an issue and the District proceeded with the work. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 21 . Change Order No. 5 for Storm Drain "Line C" and 1C-1" on California Street, St. Clair Street and Joy Street, Community Facilities District 88-3 Pre-Cast Pi e Ord. (F:22.3) Mr. Savello advised that this was the area of concern earlier mentioned with old improvements and unknown gas and water line locations. He also advised that repair of all of Joy Street became necessary with the problems encountered. Mr. Savello generally commented on the projects in this District and responded to comments that other agencies have impacted this projects by saying that all agencies involved worked as a team to address the progress. PAGE NINE - CITY COUNCIL MINUTES APRIL 28, 1992 He stressed that the biggest problems encountered have been with the status of existing improvements. City Manager Molendyk questioned the financial responsibilities in the field for changes to the. projects. Mr. Savello stressed the factors which were unknown in the beginning or could have been missed in plan check. He further stressed that many of the additions should have been included originally. He also stressed that a number of the developments have gotten to the point where they could be factored into the needs of the area. Councilwoman Cherveny questioned the ability to recover costs. Mayor Washburn clarified that it is not a matter of recovering costs, in that the improvements are funded by the District. Mr. Savello further clarified that it is anticipated that the final cost for the improvements will be under the original budget. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 22. Reimbursement to Southern California Gas Company for Paving an Lakeshore Drive. (F: 156. 1) City Manager Molendyk detailed this item and explained that this was the portion of the costs agreed to by the City for 1/2 of the width paved. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE REIMBURSEMENT TO SOUTHERN CALIFORNIA GAS COMPANY IN THE AMOUNT OF $55,006.70. 23. Notice of Completion for Country Club Heights Paving Project, California Asphalt & Grading, Inc. (F:156.2) Councilwoman Cherveny requested verification that this was not funded through the General Fund. Administrative Services Director Boone explained that this work was completed through Measure A Funds (the 1/2 cent sales tax in Riverside County) and in-lieu fees collected for development in that area. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION FOR THE COUNTRY CLUB HEIGHTS PAVING PROJECT. 25. Notice of Completion for Trunk Sewer Line Improvements and Lincoln Street Waterline Relocations, Community Facilities District 88-3. (F:22.3) Councilwoman Cherveny advised that her questions on this item were answered earlier in connection with items 16 through 21 . MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION FOR TRUNK SEWER LINE IMPROVEMENTS AND LINCOLN STREET WATERLINE RELOCATIONS. 27. Business License Application ` Main Street Dogs. (F:34.1) City Manager Molendyk gave a brief overview of the history of this operation and explained that after 90 days the business was required to come before City Council for reconsideration. He advised that this concession was in conformance with the theme of the Master Plan for the Downtown area. Councilman Alongi expressed his concerns with the City subsidizing a business and allowing operation of that business in a red zone. Mr. Alongi inquired whether the cart could be moved to a different site and if this item could be continued for 30 days and a study session set to review this issue. Councilwoman Cherveny questioned the hours of operation of the business. City Manager Molendyk stated that the operation would be in the day time PAGE TEN - CITY COUNCIL MINUTES - APRIL 28, 1992 only with occasional evenings for special events such as the Fourth of July. Councilman Dominguez explained that this business has conformed with the laws just as any other business must and stated that he is opposed to a 30 day delay. There was general discussion in regard to the new cart. Mayor Washburn questioned Mr. Burns in regard to any alternate site. Bobby Burns, Main Street Dogs, advised that it is illegal to park his cart on the sidewalk and that he is not parked in a red zone. He also clarified that the cart is on Graham and not Main Street and that he removes his trash and residue at the end of each day. Councilman Dominguez asked for a City Attorney opinion in regard to the legality of this matter. City Attorney explained that the only legal issue or concern is with the contribution of the utility service. He further explained that the Business License is a tax and not a right to do business, as that is a determination of zoning. The zoning clarifies what can and cannot be done in a certain area. The problem with connection to a utility is resolved if it is the only available service to the business. Councilman Dominguez stated that this business pays the City for the use of the electricity. Mayor Washburn questioned the Business License versus a Conditional Use Permit or a Franchise. City Attorney Harper stated that a Franchise is a specific issue and does not apply to this business. He further stated that in this case it was more in line with a Conditional Use Permit. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE THE BUSINESS LICENSE APPLICATION OF MAIN STREET DOGS. MAYOR WASHBURN DECLARED A RECESS AT 9:15 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:24 P.M. PUBLIC HEARINGS 31 . Community Facilities District 91-2 LSummerhilil. (F:22.3) City Attorney Harper recommended that this hearing be opened and continued to May 12, 1992. He explained that the purpose of this item was to reconsider the rate and method of taxation to reduce the current level of tax. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:25 p.m. , asking those persons interested in this item to speak. No one spoke. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MAY 12, 1992. 32. Recovery of Expenditures = Removal of Illegal Sin and Posts = AP #373-073-014 - Adjacent to 1-15 off—Franklin Street. (F:32.4) City Manager Molendyk detailed this item and briefly commented on the abatement process for which total cost was. $225.00. The City Clerk reported- no written comments or protests. Mayor Washburn opened the public hearing at 9:26 p.m. asking those persons PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 28, 1992 interested in this item to speak. Hearing no one, the public hearing was closed at 9:26 p.m. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST' ACCRUED THEREON. 33. Recovery of Expenditures - Removal of Illegal Siqn and Posts - AP #363-100-020 = Adjacent to 1-15 off Franklin Street. (F:32.4)� City Manager Molendyk highlighted this item for which total cost was $335.00. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:27 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:27 p.m. Councilman Alongi questioned whether these signs were owned by the property owner. City Attorney Harper advised that it varies, but generally it is off-site signage placed with at least tacit approval of the owner. Councilman Alongi inquired whether permits were requested for these signs. Community Development Manager Shear indicated that no permits were issued or approved. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. City Attorney Harper commented on this illegal sign issue and on a larger scale the billboard issue with Outdoor Media Group. He advised that the court denied the request of O.M.G. to require the City to replace the billboard removed from the area adjacent to I-15. 34. Recovery of Expenditures - Removal of Trash and Debris - AP #378-301-007 - Vacant Lot near Brown & Lash Streets. (F:32.4) City Manager Molendyk detailed this item for which the total cost was $290.00. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:30 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:30 p.m. Councilman Alongi questioned this abatement and inquired whether staff could provide information on the owners of the property, specifically whether they are local or out of state residents. Community Development Manager Shear indicated that information could be provided in the future. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 35. Recovery of Expenditures = Removal of Trash and Debris and Trimming of Trees - AP #378-301-013 W Vacant Lot near Brown & Lash Streets. (F:32.4) City Manager Molendyk detailed this abatement for which the total cost was $400.00. The City Clerk reported no written comments or protests. PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 28, 1992 Mayor Washburn opened the public hearing at 9:32 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:32 p.m. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 36. Recovery of Expenditures - Removal of Illegal Signs and Posts - AP #363-100-049 - Vacant Lot Adjacent to the I-15 off Franklin Street. (F:32.4) City Manager Molendyk detailed this item and the costs involved being $225.00. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:33 p.m. , asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:33 p.m. Councilman Alongi requested clearer photographs of the materials abated. He specifically would like to be able to determine the sizes and types of materials removed. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 37. Recovery of Expenditures - Removal of Inoperable Vehicles Fencing and Debris - 359 Avenue 6. (F:32.4) City Manager Molendyk detailed the abatement and costs involved totaling $290.00. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:35 p.m, asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:35 p.m. Councilman Alongi again requested photos of the abated materials. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 38. Hearing of Protests to Notices to Destroy Weeds, Remove Rubbish, Refuse and Dirt. (F: 166. 1) City Manager Molendyk explained the purpose of this hearing and the noticing process and gave an overview of the program. He stressed the hope that the property owners would clean their own parcels and this type of program would not be necessary. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:38 p.m. The following people spoke: Lolene Swallow, a resident of Sun City, commented on seven small parcels owned by her family on Ingalls Circle. She expressed concern with the individual parcels being charged individual Administrative Charges that would make the cost for her two acres more than a single five acre parcel . She further expressed concern that they were uncertain as to property lines and how far up the slope they would be responsible for clearing. PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 City Attorney Harper explained that the administrative fees are based on the cost of title searches and other steps required in the abatement process which are the. same no matter how large the parcel is. Mayor Washburn suggested that Mrs. Swallow contact Community Development Manager Shear for clarification of lot lines and requirements. Paul Fiedor, resident of Leisure World, commented on the problems he has had with his property on Iowa Street since the 1980 floods. He indicated that he has been denied the ability to build on his property and expressed concern with now being required to clear his weeds. He questioned the City's attempts to look out for his best interests. Mayor Washburn requested that Community Development Manager Shear investigate Mr. Fiedor's concerns. Councilman Alongi questioned the fees proposed and the accessibility to Mr. Fiedor's property for discing. Mr. Fiedor confirmed that the property would be accessible for. discfing. Mayor Washburn suggested that Mr. Fiedor work with staff before the City's contractor begins work. Mayor Washburn closed the public hearing at 9:50 p.m. Councilwoman Cherveny detailed a letter she received this date from Mr. Song and requested that it be handled. Mayor Washburn suggested that staff follow-up with Mr. Song. Councilman Alongi suggested consideration of an annual discing program which would be done automatically and reduce costs. City Attorney Harper commented that there would be a few potential problems with that type of program and basically the liens would be about the same cost. Mayor Washburn recommended that this suggestion be reviewed by the Public Works Committee. MOVED BY WINKLER, SECONDED BY CHERUENY AND CARRIED BY UNANIMOUS VOTE TO DIRECT THE CHIEF BUILDING OFFICIAL TO PROCEED WITH ABATEMENT OF ALL LOTS NOT ABATED BY THE OWNERS BY MAY 26, 1992. 39. Annexation No. 6_1, General Plan Amendment 91-3, Zone Change 91-5, Tentative Tract Maw 26409 —- Tomlinson & Sons - Zimmerman Continued from February l,.l and March 10, 1992 . Resolution—Nos. 92-11 and 92-12 & Ordinance No. 931. (F:160.2) (X:20.2) (X:83.2) (X: 172.2) City Manager Molendyk detailed this request and advised that it had been continued previously to allow discussion with the area residents who had concerns about it. He explained the changes agreed to by the applicant. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:57 p.m. asking those persons in opposition to this project to speak. Hearing no one, he asked those persons in support to speak. The following person spoke: George Zimmerman, applicant, 835 W. Christopher, West Covina, commented on the design of this plan which has been in the works for nearly two years. He further commented that he feels the concerns have been addressed and all requirements have been met. He explained that pursuant to discussions with the residents, the R-3 area of the project has been reduced to R-2. Mayor Washburn closed the public hearing at 10:00 p.m. Councilwoman Cherveny encouraged other developers to work with current residents to prevent problems with new development and expressed her appreciation to Mr. Zimmerman for his efforts. Councilman Alongi questioned Condition #29 regarding rear slopes of the lots. He suggested that ten feet is not adequate and he would prefer to see a three foot retaining wall to increase that distance to fifteen feet. PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 Mr. Zimmerman clarified that nothing regarding design of the homes has been considered yet. He requested that this matter be delayed until the homes are designed. He suggested that possibly at that time patios will be a part of the proposal . He agreed that he also would like to see more than ten feet. Councilman Alongi questioned the requirements for parks. Mr. Zimmerman clarified that the residents requested a park, but that was not proposed as a condition. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE COMMENCEMENT OF PROCEEDS FOR ANNEXATION 61 AND ADOPT RESOLUTION NO. 92-11 ; APPROVE GENERAL PLAN AMENDMENT 91-3 AND ADOPT RESOLUTION NO. 92-12; APPROVE TENTATIVE TRACT MAP 24609; APPROVE MITIGATED NEGATIVE DECLARATION 91-14 AND APPROVE ZONE CHANGE 91-5 AND ADOPT ORDINANCE NO. 931, ALL SUBJECT TO THE FINDINGS AND CONDITIONS AS FOLLOW: RESOLUTION NO. 92-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 61 - WILLIAM TOMLINSON (TOMLINSON & SONS)" . RESOLUTION NO. 92-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1992. ORDINANCE NO. 931 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 47 ACRES TO 38 ACRES OF R-1 SINGLE-FAMILY RESIDENTIAL, FIVE (5) ACRES OF R-2 MEDIUM DENSITY RESIDENTIAL, AND THREE (3) ACRES OF C-1 NEIGHBORHOOD COMMERCIAL, LOCATED AT THE SOUTHWEST INTERSECTION OF RIVERSIDE DRIVE AND GRAND AVENUE BOUNDED BY DREYCOTT WAY AND LAKEVIEW AVENUE TO THE WEST AND SOUTH, RESPECTIVELY (ZONE CHANGE 91-5: WILLIAM M. TOMLINSON (TOMLINSON & SONS) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI,-,CMERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBER8: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Findings - Annexation No. 61 1 . The proposed annexation area is entirely within the City's Sphere of Influence. 2. The proposed annexation area is contiguous to the City of Lake Elsinore. 3. The project will not result in any significant adverse impacts on the environment. Findings - General Plan Amendment 91-3 1 . The approval of the requested designations permits development to the highest and best nature within mitigable means to insure maintenance of the general public health safety and welfare. 2. Granting of the requested designations will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 3. The proposed General Plan Amendment would establish a land use density PAGE FIFTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 and usage more in character with the subject property's location, access and constraints. 4. The proposed change will not result in any significant adverse impacts on the environment. Findings - Zone Change 91-5 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request will bring the zoning for the project area into conformance with the General Plan and the proposed General Plan Amendment. 3. This zone change establishes the necessary pre-zoning for this site. 4. This request will not res-ult in any significant adverse impacts on the environment. Findings a Tentative Tract Map 24609 1 . The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan. (Government Code Section 66473.5) . 2. The effects this project is likely to have upon the housing needs of the region and needs against the public service needs of its residents and available fiscal and environmental resources have been considered and balanced. 3. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) . 4. It shall be determined whether or not the discharge of waste from the proposed subdivision into the existing sewer system will result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. If the determination is that the proposed waste discharge would result in or add to a violation of said requirements, the Planning Commission may disapprove the tentative map or maps of the subdivision. (Government Code Section 66474.6) 5. Tentative Tract Map 24609 shall become effective at such time as annexation of the site to the City of Lake Elsinore is approved by the City Council and the Local Agency Formation Commission and recorded. Planning Division Conditions - Tract Map 24609 1 . Tentative Tract Map 24609 is approved subject to the approval of Annexation Number 61 by LAFCO. 2. Tentative Tract Map will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval . 4. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 5. Signage for this subdivision shall require City Permits. PAGE SIXTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 6. The City's Noise Ordinance must be met during all site preparation activity. 7. Street names within the subdivision shall be approved by the Planning Division. 8. All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 9. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official . Bonding shall be done by final map(s) for all improvements and grading. 10. Pay all applicable fees in force at time of issuance of building permits. 11 . Prior to final approval of Tract Map 24609 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 12. Prior to final Tract Map approval by the City Council , all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 13. Comply with all conditions of the Riverside County Fire Department. 14. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside county Fire Department and the Community Development Director. 15. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 16. The applicant shall provide connection to public sewer for each lot within the subdivision . No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the E.V.M.W.D. 17. Meet all requirements of Southern California Edison Company. 18. Meet all requirements of Southern California Gas Company. 19. Meet all requirements of General Telephone. 20. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 21 . Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accordance with the City Landscape guidelines, prior to issuance of building permits. 22. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject tot he approval of the City Attorney, Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 23. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 24. A decorative block or masonry wall shall be constructed around the perimeter of the subdivision. Precise design, materials and location to be determined through Minor Design Review process. 25. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval , and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and the Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and -labor for one (1) year for erosion control landscaping at the time the site is rough graded. 26. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 27. DELETED. 28. Conceptual and Final Landscape and Irrigation Plans for all project slope areas and fire breaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. 29. The slope in the rear portions of Lots 35-42, 51-52, 68-72, and 104-105 shall be reduced to allow for adequate building footprint and a ten-foot (101) setback from the structure and the toe of the slope (Section 17.23.080 of the Lake Elsinore Municipal Code) . 30. Prior to final recordation of the tentative map the applicant or his consultant (Triad Geotechnical Consultants) shall adequately respond to comments made by the State of California Department of Conservation division of Mines and Geology (in a letter dated January 2, 1992. The responses shall be included with the environmental documentation for the project (Mitigated Negative Declaration 91-14) . 31 . On the grading plan the proposed drainage inlet and retention basin within the rear of Lot 109 shall be designed to the satisfaction of the Planning and Engineering Divisions. 32. Applicant shall follow all applicable mitigation measures established within the Mitigation Monitoring Program of Mitigated Negative Declaration 91-14. 33. Slope Maintenance along right-of-ways shall be maintained by a landscaping and lighting maintenance assessment district or homeowners association(s) , subject to Community Development Director approval . 34. Prior to the approval of the finalized tentative map, applicant shall have entered into a school impact mitigation agreement with the school district. City shall have considered the adequacy of the school facilities or available means of financing school facilities to meet the needs and demand of new development proposed in such tentative map to be approved by the City. City should investigate the feasibility of securing additional fees. Engineering Department Conditions 35. All public works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval . PAGE EIGHTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 36. Dedicate underground water rights to the City (Municipal code, Title 16, Chapter 16.52.030) . Document can be obtained from the Engineering Department. 37. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26. 38. Submit a "Will -Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval . 39. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval . 40. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78. 41 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34) . 42. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval . 43. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) shall be the responsibility of the property owner or his agent. 44. Provide fire protection facilities as required in writing by Riverside County Fire Department. 45. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 46. Submit Hydrology and Hydraulic Study for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage, subject to City Engineer approval . 47. All drainage facilities in this tract shall be concrete lined, except retention basins, and constructed to Riverside County Flood Control District Standards. 48. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners with 100 year storm flood protections. 49. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 50. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 51 . Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 52. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 53. Map shall provide for all local streets to have sixty-foot (601 ) right-of-way with forty-foot (40' ) curb-to-curb. Restricted local streets (cul -de-sacs) shall have fifty-foot (50' ) with a three-foot PAGE NINETEEM - CITY COUNCIL MINUTES - APRIL 28, 1992 (3') utility easement on each side. 54. All utilities except electrical over 12kv shall be placed underground, as approved by serving utility. 55. Grading for this subdivision shall comply with the grading objectives and guidelines established in the Lake Elsinore Municipal Code. 56. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 57. Annexation to the City's Landscaping and Lighting District is required prior to approval of a final tract map. 58. The Geology Report submitted for the subdivision shall include: a. Identification of all faults to define potential hazards. b. Stability of manmade slopes under either static or dynamic conditions. c. Differential settlement of engineered fills of significant thickness. 59. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing. 60. Developer shall contribute a pro-rata share for the design and construction for the proposed traffic circulation improvements recommended in a study prepared by Traffic Safety Engineers (Revision #1) ; more specifically described as follows: 5.5% for traffic signal at Grand and Riverside. 61. If Lakeview Avenue is to be abandoned as part of this developer, then adjacent property owner of Assessor's Parcel No 387-230-007 must agree to the abandonment and have access to public maintained right-of-way. 62. If Lakeview Avenue is abandoned then this tract shall provide a cul -de-sac terminus for existing Lakeview Avenue at the southerly corner of the tract. 63. Adjacent property owner to the south must agree to Riverside Drive and "H" Street extension or these streets shall end in a cul -de-sac. 64. Riverside Drive Improvements south of Lot 106 shall be half street improvements plus ten-feet (10') for two (2) travel lanes. 65. The storm drain channel along the southerly corner of the tract shall be dedicated to Riverside County Flood Control District (RCFCD) . Lots 127, 126, 125, 124, 123 and 122 may need flood protection from the channel depending on capacity of the channel . Protection to be determined by City Engineer and RCFCD prior to final map approval . 66. This developer shall construct a portion of the Master Plan of Drainage and enter into an agreement with the City for a waiver of drainage fees. 67. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for a Natural Pollutant Discharge System Permit prior to issuance of grading or building permits. 68. This tract map is to be developed in one single phase. PAGE TWENTY - CITY COUNCIL MINUTES - APRIL 28, 1992 69. Desirable grade for local streets is nine percent (9%) . The maximum grade of fifteen percent (15%) should only be used because of design constraints. BUSINESS ITEMS 51 . Extension of Time for Tentative Parcel Map No. 24571, Rancon Realty Fund IV. (F:110.2) City Manager Molendyk detailed this item and recent discussions with the applicant pertaining to the future potential for a cloverleaf off-ramp utilizing a portion of this property. He explained that Condition #47 is intended to allow for future negotiation with the applicant for the taking of property. He recommended a one year extension to allow this project to proceed. Dennis Chiniaff, representing Rancor, advised that they have been working on this project for quite some time and site design had been completed prior to the discussion of the cloverleaf. He expressed their willingness to get the project going and that they agree to all of the conditions with the amendment of Condition #47 as proposed. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO GRANT THE ONE YEAR EXTENSION OF TIME. 52. Truck Route Ordinance Amendment - Ordinance No. 932 & Resolution No. 92-26. (F: 162. 1) City Manager Molendyk explained this item which would make enforcement easier due to the three ton limitation rather than the two ton limit. Mayor Pro Tem Dominguez questioned the enforceability of the new Ordinance. Sheriff Captain Daniel confirmed that this ordinance would be enforceable. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 932 AND RESOLUTION NO. 92-26. ORDINANCE NO. 932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING MUNICIPAL CODE SECTIONS 10.24.010, 10.24.030, AND 10.40. 110 RELATING TO WEIGHT LIMITATION FOR COMMERCIAL VEHICLES ON STREETS EXCEPT DESIGNATED TRUCK ROUTES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 53. Update on Senate Bill 1697 ` Verbal Report. (F:96.1) (X:92. 1) City Manager Molendyk explained that Assemblyman Kelley has sponsored Assembly Bill 1697, which would authorize the State Parks Director to officially negotiate the transfer of Lake Elsinore to' the City. He further explained that as a result of the bill there are neighbors on the other side of the lake who are concerned with the language that they might loose their right to launch from their property. The letter presented is intended to provide proof of the City's willingness and intent to work with the property owners from that side of the Lake. He further explained that after the bill passes, the City will then proceed to negotiate with the State Park Department and Elsinore 'Valley .Municipal Water District to work out the final agreement. Mayor Washburn gave a brief overview of the meeting held with the affected property owners. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - APRIL 28, 1992 Mayor Washburn then called upon the following members of the audience to address Council : Peter Dawson, 33933 Cedar Dave, representing several property owners associations, explained that they felt the letter did not clarify the City's interests or intentions in this matter. - He further explained that no rights or privileges have been granted or promised and the letter is, in his opinion, a hollow promise.. Mr. Dawson addressed the meeting held with the Mayor and stated that he felt there was still no assurance that the property owners rights would be protected by the City. Eric 'Chinlund, 17170 Grand Avenue, representing a portion of the lake front property owners, expressed his concern with the proposed greenbelt around the Lake, which, would prevent their direct access and invade their privacy. Robert Houts, 32946 Rose Ave, representing Vista Del Lago Property Owners Association asked Council to respect property owners rights and oppose Eminent Domain for development of a greenbelt area. He stated that he feels that would be in violation of their property rights. Penny Baker, 32840 Ortega Highway, addressed the agreement between the City and Elsinore Valley Municipal Water District and asked that Council reconsider their stand in regard to the Lake. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Robert DeWitt, 15130 Via Valle, commented on the theme used on Main Street and complained that he does not feel it is consistent with the 1920's and it has eliminated needed parking in the downtown area. He commented on the use of City funds to perform a study for a freeway off-ramp which is outside City Limits. Tony Gilenson, 151 N. Torn Ranch Road, addressed the septic problems which the Amber Ridge Tract has been experiencing for years and has been in litigation over. He requested that Council consider assisting the property owners, who are desperate to solve the problems. CITY MANAGER COMMENTS City Manager Molendyk announced that final approval from the Corps. of Engineers for repair of the Lakeshore Bridge had been received. Mr. Molendyk further advised that a grant is being pursued for the wetlands mitigation requirements on Collier Avenue. He also advised that the Stop Sign at Grand Avenue and Ortega Highway should be in place by May 29th or June 1 to include stripping and necessary markings. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on her happiness with being a member of the City Council , however, she advised that she had no intention of bungee jumping or skydiving. Councilman Alongi commented that he would like to see the City work out a joint venture to resolve the septic system problems detailed by Mr. Gilenson. He suggested that Code Enforcement be lenient with this situation. He also advised that he was happy to be a part of the City Council . Councilman Winkler addressed the litigation regarding the Amber Ridge Tract and inquired whether the City Attorney could review the problems and give an opinion in regard to assistance by the City. He further stated that he knew that the Redevelopment Area was adjacent to this tract, but the tract is not in the Redevelopment Area. City Attorney Harper advised that several areas can be explored, but the formation of an assessment district might speed the resolution of the problem by hooking the property owners up to sewer. Councilman Winkler suggested that Stan Smith of Wildomar MAC, be appraised of PAGE TWENTY-TWO - CITY COUNCIL MINUTES - APRIL 28, 1992 the findings on the Olive Street off-ramp study and his input obtained. Councilman Winkler clarified his vote for a waiver of fees for the Chamber Parade due to the recession, but would like to see a day when there is no waiver of fees. He further commended the City's recreation staff for jobs well done in assisting with these events in the past. Councilman Winkler also addressed the issue of the Beer Garden and stated that there had been Chamber events at the Community Center which included alcohol and that this should be addressed. City Council Committee Rp_pointments Mayor Washburn made the following City Council Committee appointments: Finance Committee - Mayor Washburn and Redevelopment Agency Chair Cherveny. Public Works Committee - Councilmembers Dominguez and Alongi . Lake Stabilization - Councilmembers Washburn and Alongi . Public Safety Committee - Councilmembers Cherveny and Alongi . Design Review Committee - Councilmembers Dominguez and Cherveny. League of California Cities - Councilmembers Winkler and Dominguez. Mayors & Councilmembers Conference of Riverside County - Councilmembers Alongi and Cherveny. Inland Empire Division - League of California Cities - Councilmembers Cherveny and Winkler. Western Riverside Council of Governments - Councilmembers Winkler and Washburn. Park Committee - Councilmembers Dominguez and Winkler. Chamber of Commerce/D.B.A./etc. - Councilmembers Alongi and Winkler. Senior Citizens Center - Councilmembers Alongi and Cherveny. Habitat Conservation Agency - Councilmembers Alongi and Cherveny. Southern California Joint Powers Insurance Authority - Councilmembers Cherveny and Alongi . Nuisance Abatement Board - Councilmembers Dominguez and Washburn. Planning Commission Liaison - Councilmembers Washburn and Dominguez. CLOSED SESSION None. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL ME ING AT 10:50 P.M. A Y 14S HBURN, MAYOR CI F LAKE ELSINORE A TEST-- VICKI KASAD, CITY CLERK CITY Of LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY; MAY 12, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Moiendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Special Projects Coordinators Basham, Special Projects Coordinator Wood and City Clerk Kasad. PRESENTATIONS CEREMONIALS Mayor Washburn presented Jennifer Carter, Rodeo Queen 1991. Ms. Carter detailed the Miss Frontier Days Pageant and invited the public to attend. The Frontier Days contestants introduced themselves and their sponsors; and Mayor Washburn presented each of them with a City pin. MAYOR WASHBURN ADVISED THAT HE HAD RECEIVED A NUMBER OF REQUESTS TO ADDRESS ITEMS NOT ON THE AGENDA AND REQUESTED THAT "PUBLIC COMMENTS - NON-AGENDIZED ITEMS" BE MOVED TO THE BEGINNING OF THE MEETING IF THE REST OF COUNCIL HAD NO OBJECTIONS. THERE WERE NO OBJECTIONS. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Al Ewing, 114-1/2 Poe Street, advised that he was representing a coalition of concerned residents and made a personal appeal for the change mandated by the recent City Council Election. He requested that the "house cleaning" in City Hall begin and that Mayor Pro Tem Dominguez and Councilman Winkler step down from their positions on the Council . He suggested that the voters mandate showed a vote of no confidence. Dan Grindell , 114 N. Lewis Street, advised that he is the past president of the local chapter of the N.A.A.C.P. and detailed his governmental experience in Los Angeles County. He commented that he feels the effort underway by Mr. Ewing would not be possible if the voter turnout is anything like the 27% experience at the General Municipal Election. He also commented on prior assistance provided to him and the N.A.A.C.P. by Councilman Winkler and supported the existing City Council . Karen Snyder, 150 N. Pennsylvania Street, advised that she is against this recall effort because it is a negative action for the Community. She also advised that she is in support of Councilman Winkler. Joy Porthunder, resident of Spring Street, advised that she doesn't agree with the recall . She suggested that the voters would be making a mistake to support the efforts of someone with Mr. Ewing's rental history. PAGE TWO - CITY COUNCIL MEETING - MAY 12, 1992 Bill Starkey, 17360 Ryan, commented on the seating of the new City Council and the information they will need to absorb as Councilmembers. He further commented that the proposed recall would cost the City approximately $23,000 followed by an additional $23,000 election to fill any seats which might be vacated. He stressed the cost of the April election compared with the number of voters who participated. He suggested that he doesn't feel the residents want to spend that kind of money in light of all the requests that the City cut costs. He also stressed the need for a positive community for the future. Tony Brogdon, business owner in Lake Elsinore, commented on the beauty of Lake Elsinore and his concern with people working to halt the recent positive progress. He further commented that he spoke with a number of residents prior to the election and found the major concerns to be with the Lake and Lake Management. He suggested with the recent agreement for the Outflow Channel , that situation is nearing resolution and he feels the Council has worked very hard to accomplish this. He also commented on his ability to operate in the floodplain area over the years and stressed the assistance he received from Councilman Winkler to allow his operation to continue. Phil Williams, 14760 Amorose, advised that he is in support of the existing City Council . He commented on his company's ongoing efforts to draw a theater and another market to the community. He further commented that he feels with the existing situation a good economic climate can exist in the City. He stressed the importance of political stability for being able to draw business and other growth to the community. Don Burnell , 32251 Corydon, advised that he has been in this City for over 20 years and is happy with the immediate past City Council ; Lake Management is finally coming together. He commented on previous recall efforts and suggested that the community let the new Councilmembers and the existing Councilmembers work together and proceed with the growth and progress. Sonja Matthies, 20345 Grand Avenue, advised that she is against the recall effort and in support of Mayor Pro Tem Dominguez and Councilman Winkler. She stressed the importance of the new Councilmembers working with the existing Councilmembers to remain productive. Alan Baldwin, commented that he was previously the object of a recall and commented on the impact of a recall elections. He emphasized the need for positive action and efforts for the community. Janice Fielding, 151 N. Pennsylvania Avenue, opposed the recall effort and supported Councilman Winkler. Peter Dawson, representing the Southshore Homeowners Association, presented a letter of agreement for the City Council 's review and a proposed launch program for the Lakeland Village area. He requested that -a tentative agreement be reached. Mr. Harry Mitchell , owner of the Ambassador Hotel , commented on inadequate police protection and the condemnation of his building for "minor" problems. He further commented that due to the condemnation, Edison is requiring a new meter. He stressed that he feels there are other buildings in the City in worse shape than his which have not been addressed. He detailed meetings in which he was told the City would work with him; and his attempts to comply with the Planning Department requirements. He also stressed his need for assistance because he feels he is not being handled properly. City Manager Molendyk commented on the abatement process and the initial contacts due to complaints received through the sheriff's department. He suggested that this item be scheduled for the next meeting. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. l .b. , 3, 5, 6, 8, 9, 11, 12, 13 and 14. PAGE THREE - CITY COUNCIL MEETING - MAY 12, 1992 MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. City Council Study Session - April 24, 1992. (F:44.4) 2. Received and ordered filed the Building Activity Report for April , 1992. (F:32.2) 4. Received and ordered filed the Structure Abatement Activity Report for April , 1992. (F:32.4) 7. Approved Outdoor Activity Permit 92-1 for the Chamber of Commerce Rodeo and Carnival , scheduled for May 22-25, 1992, based on the following findings and subject to the following conditions of approval . (F: 108.4) Findings 1 . The proposed Outdoor Activity Permit is a temporary use and is a Class 4(e) exemption under the California Environmental Quality Act (CEQA) . 2. Adequate conditions and safeguards pursuant to SEction 17.98.060 of the Lake Elsinore Municipal Code have been incorporated into this approval of the Minor Temporary Outdoor Acitvity Permit to insure that the use is carried out in a manner envisioned by these findings for the term of the temporary use. 3. The proposed temporary use will not be detrimental to the general health, safety, or welfare of persons residing or working wihtin the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or City. Conditions 1 . Obtain grading permission from all property owners affected. 2. Submit all binders of Liability Insurance naming the City as additional insured as required by the City Risk Manager prior to May 20, 1992. 3. Meet all County Fire Department requirements including, but not limited to, provision of fire extinguishers, maintenance of designated twelve-foot (12' ) fire lane around the perimeter of the Carnival grounds at all times, provisions for the ingress and egress of emergency vehicles to and from said grounds, use of approved tarps and fabric coverings, and Fire Safety inspection of premises prior to opening. 4. Secure temporary electrical permits and applicable building permits from the Building Division for inspection of all electrical equipment and arrange for a full site inspection no later than May 20, 1992. 5. Signs should be posted at the entry to the Rodeo Grounds, and in the parking areas, stating that no alcoholic beverages can be brought into the Grounds. 6. Portable phones should be available for emergency use (Temporary Phone Booths) . 7. A First Aid Station should be present in case of minor injuries. S. Enter into an agreement with the Sheriff's Department to provide for secutiry and provide information to the City that this agreement has been reached by May 20, 1992. 9. Provide proof that applicant has met all County Health Department requirements including: PAGE FOUR - CITY COUNCIL MINUTES - MAY 12, 1992 a. Pull required Health Department permits for food service by May 20, 1992. b. Pumpout holding tanks by May 20, 1992. , c. Provide grease holding and disposal method to the County Health Department by May 20, 1992. d. Clean and screen food booth by May 20, 1992. e. Provide adequate dringking water faciliteis for the public by May 20, 1992. f. Provide adequate public restroom facilities. 10. Install improved lighting at booth sides of the crosswalk and provide additional lighitng to the parking lot across Franklin Street. 11 . Clear and chalk parking aisles and emergency lanes by May 20, 1992. Parking spaces to be rechalked during event as needed. 12. All brush, weeds, litter and similar combustibles shall be cut and removed from all parking areas no later than May 20, 1992 and a thirty-foot (30' ) wide disked area shall be provided around the entire perimeter of all parkign areas. 13. Parking shall be prohibited on both sides of Franklin Street adjacent to the Rodeo. Tmporary "No Parking Any Time" signs shall be posted on barricades placed not more than 150 feet apart between a point approximately 1,000 feet west of the entrance to a point 1,000 feet east of the entrance. These are to be maintained for the duration of the Rodeo. 14. The entrance to the parking lot shall be clearly marked so that all motorists will know where to enter and exit the parking lot. 15. If the open areas across Franklin Avenue are to be used for parking, the Franklin Avenue side is to be roped off so that pedestrians are funneled to cross only at the crosswalk. If a large number of pedestrians are generated at any time, some sort of attendant traffic control will be required to stop vehicles when pedestrians need to cross. 16. All signs and barricades are to be provided, installed and removed by the applicant. Removal shall occur no later than the following day after the event. 17. The applicant shall remove all trash and debris that results from the event; and from the street right-of-way on Franklin Avenue and on Casino Drive. 18. Grading of the rodeo ground should be minimal and no alteration of the existing contours shall be permitted. 19. Barricades will be placed on Franklin Street and Conklin Avenue to close the street off to traffic and prevent people from proceeding. 20. Upon approval fo the Minor Temporary Outdoor Activity Permit, the applicant shall present proof that she/he has complied with all conditions herein contained to the Planning Division by no later than 3:30 p.m. , May 20, 1992. 10. Adopted Resolution Nof. 92-27 and 92-28 relating to Community Facilities District 90-3 - North Lake Elsinore Hills. (F:22.3) RESOLUTION NO. 92-27 A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND PAGE FIVE - CITY COUNCIL MINUTES - MAY 12, 1992 TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. RESOLUTION NO. 92-28 A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 90-3 (NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. 15. Accepted Notice of Completion for Lakeshore Drive Landscape for Western Landscape Construction and authorized recordation. (F:95.2) 16. Accepted Dedications of Right-of-Ways & Easements from Ayres Development for Residential Project 89-8. (F:138.2) 17. Approved Final Tract Map 23988-1 for 888 Development. (F: 160.2) ITEMS PULLED FROM CONSENT CALENDAR I . Minutes b. Regular City Council Meeting = April 28i 1992. (F:44.4) Councilwoman Cherveny requested that Page Four, Paragraph 8, be amended to clarify that her concern with the serving of alcohol was with its impact on the other July 4th events. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE APRIL 28, 1992 CITY COUNCIL MINUTES AS AMENDED. 3. Code Enforcement Activity Report - April , 1992. (F:54. 1) Councilman Alongi commented on billboards which were recently removed. City Attorney Harper advised that this matter would be discussed in closed session and due to pending litigation he recommended that Mr. Alongi comment at that time. Councilman Alongi advised that he would not be discussing legal points. Mayor Washburn clarified that the action proposed is the adoption of the report and not consideration of specific cases. Councilman Alongi requested that this item be continued until after discussion in closed session. Mayor Washburn clarified that it would be appropriate to approve the report and if specific action is needed after closed session it can be addressed at that time. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR APRIL, 1992. 5. Warrant List � April 30' 1992. (F:12.3) Councilwoman Cherveny advised for the public's information that she had reviewed the Warrant List and thanked staff for providing the detail she requested on large expenditures. She explained as an example that a check for approximately $50,000 to B.S. I. was for about 25 difference projects including plan checks, inspections, etc. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST FOR APRIL 30, 1992, 6. Claims Against the City submitted by Robert & Theresa McDonald, Kevin Moore. The Gas Company. (F:52.2) This item was pulled in error. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO PAGE SIX - CITY COUNCIL MINUTES - MAY 12, 1992 REJECT AND REFER THE ABOVE MENTIONED CLAIMS TO THE CLAIMS ADMINISTRATOR AND AUTHORIZE LETTERS OF REJECTION. 8. July 4th Car Show. (F:64.2) Councilman Alongi questioned the status of this program and its sponsorship. Mayor Washburn clarified that the car club had decided not to pursue the event and it was an issue of the event not the car club which was being presented for consideration. City Manager Molendyk clarified that this has been a City sponsored event for a few years; and last year staff was asked to work to increase the program and participation. This car club was approached because it was felt they could facilitate the increased program; unfortunately, they felt the beer garden was essential to the program and chose not to participate. He stressed that the City still plans on holding the event, however, the participation will be approximatly 75-100 cars versus the 2000-3000 anticipated by the car club. Community Services Director Watenpaugh clarified the staff's understanding of the comments at the last meeting and staff's pursuit of planning the event. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO CONTINUE TO PLAN AND PROMOTE THE 1992 JULY 4TH CAR SHOW AND WORK WITH THE INTERESTED DOWNTOWN MERCHANTS TO PROVIDE A QUALITY CAR SHOW. 9. Advertisement for Planning Commission Applications. (F:60.2) Mayor Washburn announced that this action opens the application period for positions which will be available on the Planning Commission. He directed those persons interested in applying to obtain applications from the City Clerk's Office. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE APPLICATION PERIOD AND AUTHORIZE THE CITY CLERK TO PROCEED WITH ADVERTISEMENT FOR APPLICATIONS FOR POSITIONS ON THE PLANNING COMMISSION. 11 . Tax Allocation Bonds - Resolution No. 92-29. (F:126.5) Councilman Alongi advised that he pulled this item because he has still not received information on the TMC Project at the east end of the Lake. He further advised that he doesn't understand why Redevelopment Agency funds are being committed when we have no commitment from any builder to build in this area or confirm that it is buildable.. City Attorney Harper clarified that this item is reaffirming bonds which have been sold. He further clarified that this action does not increase the tax burden, however the City and Agency are obligated to indicate specific projects in order to receive the funds. He explained that the City has not made a specific decision in this area, however, sufficient planning is underway to allow for commitment of funds and this would be the best guess at this time. He further explained that final decisions on the projects can be determined later. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 92-29: RESOLUTION NO. 92-29 A RESOLUTION MAKING CERTAIN BENEFIT DETERMINATIONS RELATING TO THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. I AND RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. II OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AND PROVIDING MATTERS PROPERLY RELATING THERETO. 12. State Route 74 Improvements - Contracts for Funding Coordination Project PAGE SEVEN - CITY COUNCIL MINUTES - MAY 12, 1992 Dimensions, Lnc.1 & Caltrans Access Studies Robert g— William Frost & Associates. (F:68.1) (X:82.3) Councilwoman Cherveny requested more details on this item. City Manager Molendyk explained that this item would allow the City to enter into agreements for coordination of improvements on Highway 74. He further explained that the funding would be through Measure A funds and developer funding for studies. He also explained that the study would look at freeway ramps and future widening to six lanes. He emphasized that the project is being funded by the developers and would only proceed as long as they have funds and funding sources available. Councilwoman Cherveny stressed the importance of the "not to exceed" clause and the need to avoid impacting the General Fund. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO: I)AWARD A CONTRACT TO PROJECT DIMENSIONS INC. FOR THE COST OF TIME AND MATERIALS IN VARIOUS AMOUNTS SPECIFIED BY CITY PURCHASE ORDER, BUT NOT TO EXCEED THE FUNDS AVAILABLE IN THE SR 74 BENEFIT DISTRICT FUND AND IN NO EVENT TO EXCEED A CUMULATIVE TOTAL OF $100,000; AND 2) AWARD A CONTRACT TO ROBERT, BEIN, WILLIAM FROST & ASSOCIATES TO PREPARE AN ACCESS STUDY OF SR 74 WITHIN THE CITY FOR A LUMP SUM FEE OF $11,800, FROM THE SR 74 BENEFIT DISTRICT FUND. 13. Change Orders for Curb, Gutter, Sidewalk & Pedestrian Ramp Replacement Program and Miscellaneous Street I_mprovements - Grand Terrace Construction Inc. (F: 146. 1) Councilman Alongi questioned why the City is running into so many change orders and whether they are caused by afterthoughts. Public Services Director Tecca explained that this project has six additions to the original contract, because at the time it was bid unit costs that were requested. He detailed the changes orders as follows: Change Order #1 - Fog Seal on Lakeshore Drive was not anticipated. Change Order #2 - Demolition & Grading along Main Street adjacent to City Park and in front of Gearhardt's Garage to continue with the downtown theme. Change Order #3 - Added paving of streets in the Country Club Heights area. Change Order #4 - Deleted from original unit costs. Change Order #5 - Additional slurry seal of streets, due to low unit costs. Change Order #6 - Grading and improvements for Lakeshore Drive at Railroad Canyon Road including wheelchair ramps, overlay and striping. Councilman Alongi commented on the items he felt should have been included originally such as fog seal , and requested that all future bids include everything. He expressed concern with Change Order #2 because these improvements have been in place for many years and were still fine. He stressed the importance of a complete original bid, particularly where the needs are visible. He advised that he would have the same concerns on Item #14 of this agenda. Councilwoman Cherveny commented on her understanding of Council Policy requiring consideration of Change Orders over $10,000. She questioned the need for consideration of change orders when they are after the fact. Councilman Dominguez commented on the system for handling the project based on the amount budgeted, and on situations requiring substantial changes to funded projects. PAGE EIGHT - CITY COUNCIL MINUTES - MAY 12, 1992 Mayor Washburn clarified that many after the fact change orders are based on input from the Public Works Committee and timing of the projects. City Attorney Harper clarified that most change orders are in advance of the work being done, however in this case the original bid had the understanding that more work could be done based on the costs. He also clarified that another possible type of change order would be due to increased costs over the bid amount which the Council would also have the opportunity to approve or deny. MOVED BY ALONGI , SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS AS PRESENTED. 14. Change Order for Lakeshore Drive/Robb Road Improvement Project - R.A. Ruiz. (F: 156.2) — Councilman Alongi advised that his comments from the previous item would also be applicable to this one. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS AS PRESENTED. PUBLIC HEARINGS 31 . Community Facilities District 91-2 - Summerhill . Resolution Nos. 92-30 and 92-31 . Continued from April 28, 1992. (F:22.3) City Attorney Harper detailed this item, explaining that it proposed a change in the tax formula resulting in a lower rate. He further explained that this is an existing developer owned district. The City Clerk reported no written comments or protests. Mayor Washburn advised that this hearing remained open from the meeting of April 28, 1992, and asked those persons interested in this item to speak. Hearing no one, the public hearing was closed at 8:06 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-30: RESOLUTION NO. 92-30 A RESOLUTION OF THE CITY OF LAKE ELSINORE OF ALTERATION OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 91-2 (SUMMERHILL PUBLIC IMPROVEMENTS) , AND SUBMITTING ALTERATION TO QUALIFIED ELECTORS. Mayor Washburn directed the City Clerk to open. the ballot. The City Clerk advised that the ballot was in support of the Tax Formula revision. City Attorney Harper clarified that the developer/owner has agreed to the new tax formula by his ballot in support. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-31 . RESOLUTION NO. 92-31 A RESOLUTION OF THE CITY OF LAKE ELSINORE DECLARING RESULTS OF SPECIAL ELECTION, AND DETERMINING VALIDITY OF PRIOR PROCEEDINGS. APPEALS 3.2. Appeal of Condemnation Action - 505 Minthorn Street. (F:21 . 1) City Manager Molendyk explained that this property is under abatement proceedings due to debris and hazardous conditions. PAGE NINE - CITY COUNCIL MINUTES - MAY 12, 1992 A video was presented to show Council why the building is being abated. Harry Halstead, 1000 Wilshire, Los Angeles, explained that the video was taken in February and at that time he did not have control of the property. Clean up has begun and he feels there is value in this building and he knows that substantial improvements are needed to bring it to code. He requested that Council give him time to improve the property on behalf of the estate. City Attorney Harper clarified that the recommendation of staff is to deny the appeal and issue the final notice of abatement. He explained that either the permits be pulled in 30 days or demolition would begin. Councilwoman Cherveny asked Mr. Halstead what kind of an extension of time he was requesting. Mr. Halstead stated that due to the economy and limited funds, the process will be slow. Councilman Dominguez inquired whether Mr. Halstead is ready to pull permits. He clarified that this action would allow 30 days to pull the permits and the necessary amount of time to implement the repairs. Councilman Winkler asked if Council could change the time frame to 90 days rather than 30 days. City Attorney Harper explained that as a practical matter the property which is in the abatement process is required to pull permits and this requires that a design be done by an engineer and action be taken. He also explained that there has been a formal hearing on this property and at that time the code violations of the building were presented. Mayor Washburn stated that if Council agrees, 60 days could be authorized. Councilman Alongi asked what would be required of Mr. Halstead to pull a permit. Community Development Manager Shear explained that at the present time the structure is wide open and transients and children can make entry. There are deteriorated retaining walls which are a safety hazard and must be removed, along with a sub-standard addition to the structure which must be removed. Councilman Alongi asked if this would include plumbing and electrical . Community Development Manager Shear stated that the plumbing and electrical have been stripped and in order to reinstitute service a licensed contractor would be needed. Councilman Alongi stated that he felt that the building should be brought up to Code in all ways and not left to the new buyer to make those repairs. He further stated that he is not opposed to granting 60 days, but clarified that it is not something that Mr. Halstead can just walk into City Hall and pull a permit, he must meet all the necessary requirements to bring the building up to Code. City Attorney Harper stated that this abatement is to make the structure safe and structurally sound and this is what the permits are for. If he brings in a tenant there will be no certificate of occupancy until the building is safe for habitation by workers. He further explained that this building is a health and safety concern and the structure is unsound. Mayor Washburn added that Mr. Halstead could pulled a demolition permit as a third choice. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFF RECOMMENDATION TO DENY THE APPEAL AND DIRECT STAFF TO ISSUE THE SECOND AND FINAL NOTICE, GIVING SIXTY (60) DAYS FOR THE OWNER TO ACQUIRE THE NECESSARY PERMITS TO EITHER REHABILITATE OR DEMOLISH THE STRUCTURES. PAGE TEN - CITY COUNCIL MINUTES - MAY 12, 1992 BUSINESS ITEMS 51 . Second Reading Ordinance No. 931. (F: 172.2) MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 931 : ORDINANCE NO. 931 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 47 ACRES TO 38 ACRES OF R-1 SINGLE-FAMILY RESIDENTIAL, FIVE (5) ACRES OF R-2 MEDIUM DENSITY RESIDENTIAL, AND TRHEE (3) ACRES OF C-1 NEIGHBORHOOD COMMERCIAL, LOCATED AT THE SOUTHWEST INTERSECTION OF RIVERSIDE DRIVE AND GRAND AVENUE BOUNDED BY DREYCOTT WAY AND LAKEVIEW AVENUE TO THE WEST AND SOUTH, RESPECTIVELY (ZONE CHANGE 91-5: WILLIAM M. TOMLINSON (TOMLINSON & SONS) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 52. Second Reading - Ordinance No. 932. (F: 162.2) MOVED BY CHERVENY, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 932: ORDINANCE NO. 932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING MUNICIPAL CODE SECTIONS 10.24. 101, 10.24.030, AND 10.40. 110 RELATING TO WEIGHT LIMITATION FOR COMMERCIAL VEHICLES ON STREETS EXCEPT DESIGNATED TRUCK ROUTES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that the City received a letter from Caltrans regarding traffic signs at the intersection of Ortega Highway/Grand Avenue; which should be installed prior to June, 1992. City Manager Molendyk also advised that City staff has been in contact with the residents of Amber Ridge and representatives of Elsinore Valley Municipal Water District in regard to addressing the septic problems discussed at the last City - Council Meeting. City Manager Molendyk reminded the Council of the Study Session set for May 18, 1992 at 2:00 p.m. in City Hall to discuss the future Trash Hauling & Recycling Contract with CR & R. City Attorney Harper announced that the complaint filed with the Fair Political Practices Commission against Mayor Washburn and his relationship to the Outlet Center property had been investigated and the case formally closed with no enforcement action. PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 12, 1992 City Attorney Harper requested a Closed Session to discuss pending litigation involving Adams Advertising and Outdoor Media Group. CITY COUNCIL COMMENTS Councilwoman Cherveny commented that she has noticed the Lake starting to turn green, and recommended that staff contact the Department of Fish & Game to obtain authorization for no limit fishing for Carp to prevent the potential for a fish kill . Mayor Washburn advised that previous requests have been denied, however it couldn't hurt to write a letter. Councilwoman Cherveny questioned the Council 's Policies for investing in the City and stressed the need to utilize City firms for printing, equipment rentals, etc. She suggested that City businesses at least be offered the opportunity to bid as an attempt to keep sales tax revenues in the City. Councilman Winkler thanked the supporters present this evening for their comments in opposition to the recall efforts. He recognized the amount of those supporters who had also supported Councilwoman Cherveny in the election. Councilman Alongi commented on the Los Angeles Riots and commended the City Manager for keeping Council informed of incidents in the City. He also commended the Sheriff's Department for preventing additional incidents. City Manager Molendyk thanked Councilman Alongi for his comments and commended the Fire Department and Public Works Staff for their assistance during the riots. Mayor Washburn commented on a letter he had received regarding traffic concerns adjacent to the Ortega Highway and advised that this matter was being reviewed by the Engineering Department, possibly for placement of a berm. Mayor Washburn also commented on the upcoming Economic Development Conference held in the City on May 14, 1992. Mayor Washburn detailed the comments received through his post card surveys during the recent election and noted that most are currently being addressed. Specific concerns were with Lake Management, Employment Opportunities, Street Improvements, Stop Signs at Ortega/Grand and Police and Fire Services. He advised that the Council is currently looking at opportunities for increased Community input such as a City Hall Open House, Town Hall Meetings, etc. He thanked the Community for their responses and support. THE CITY COUNCIL MEETING WAS RECESSED AT 8:40 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:02 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:01 P.M. TO DISCUSS MATTERS OF PENDING LITIGATION INVOLVING ADAMS ADVERTISING AND OUTDOOR MEDIA GROUP AND LABOR NEGOTIATIONS. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:58 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:59 P. GARY M. ASHBURN, MAYOR A TEST: CITY AKE ELSINORE VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 26, 1992 CALL TO ORDER i The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Acting City Attorney Burns, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation m Railroad Canyon Road Project Award. (F:156.2) Keith Keeter, Project Design Consultants, read a letter of .presentation to Council explaining this award. He presented Mayor Washburn with the plaque. Mayor Washburn commented on this award and the joint effort to complete the project. He thanked the Community for its patience with the inconveniences during this project and commended the past Council for its willingness to "bite the bullet" and proceed with the project. Mayor Washburn advised that he had received a request to move the Non-Agendized Public Comments forward to precede the rest of the agenda and requested Council concurrence. Hearing no object-ions it was so moved. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Dick Knapp, 29690 Dwan, expressed concern with the pending completion of Collier Avenue improvements. He also questioned the completion of the Grand/ Lakeshore Intersection. He expressed concern that the City Manager was not assuring completion of these projects in a timely manner. Chris Hyland, 15191 Wavecrest, commented on the newly opened Grand Avenue and her concern with the commercial big rig truck traffic utilizing it, since it has been designated an expressway. She explained that the residents adjacent to Grand Avenue are being awakened between 4:30 and 5:00 a.m. daily due to this traffic. She also explained that she is concerned with the impact of this traffic on children waiting for the bus, children on bicycles, joggers, etc. i As a solution, she suggested that trucks over 12,000 pounds be prohibited on Grand Avenue. She also recommended that no traffic signal be placed at Machado and Grand, as this would make the situation worse. Mayor Washburn requested that Mrs. Hyland meet with staff and review the situation. Bob Houts, 32946 Rose Avenue, spoke on behalf of the Southshore Homeowners Association and commented on the proposed assurance agreement for launching rights which was presented at the last City Council meeting. He also presented a petition with about 370 residents signatures supporting the proposed agreement and requested City Council support. PAGE TWO - CITY COUNCIL MEETING - MAY 26, 1992 Joy Porthunder, 115 S. Spring Street, expressed concern with the Frontier Days Parade and the associated road closures. She advised that a number of businesses were upset that Graham Avenue was closed impacting their businesses and not used as part of the parade route. She also expressed concern with the length of the parade being substantially less than an hour. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 4, 6, 7, 8 and 9. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - May 12, 1992. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - April 1, 1992. (F:60.3) c. Planning Commission Meeting - April 15, 1992. (F:60.3) d. Planning Commission Meeting - May 6, 1992. (F:60.3) 3. Received and ordered filed the Investment report for April 30, 1992. (F:12.5) 5. Claim submitted by Wilbur J. Buss (CL #92-16) . (F:52.2) ITEMS PULLED FROM THE CONSENT CALENDAR 2. L.E.A. F. Animal Control Activity Report T April , 1992. (F: 18.2) Councilman A1ongi reminded the Community that he intends to report monthly on the statistics presented by L.E.A.F. to encourage the public to become involved and educated. He detailed the April statistics for euthanized animals, animals turned in by owners, etc. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR APRIL, 1992. 4. Warrant List for May 15, 1992. (F: 12.3) Councilwoman Cherveny advised that again she would like to highlight specific items on the warrant list for clarification. She advised that the total cost for the April election was $23,570.85; she also explained that checks written to Invader Cruises, Silver Arrow Tours and Palm Springs Follies, were actually Senior Citizen excursions for which they paid individually and the City coordinated the event and issued one check. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY, THE WARRANT LIST AS PRESENTED. 6. Mayor Outdoor Activity Permit 92-2 ` Elsinore West Marina - Elsinore Fiesta Days - May 30-31, 1992. (F:107.2) Councilman Alongi commented on this event and advised that he would like to see Condition #3 indicate the number of police officers required; Condition #7 to specify the number of parking spaces required; Condition #10 to clarify whether Sheriff's deputies will be posted to prevent traffic problems. He also requested that the requirements for trash receptacle, restrooms, etc. be detailed and inspected before the permit is released. Mayor Washburn requested input from staff as to the status of the planning. PAGE THREE - CITY COUNCIL MINUTES - MAY 26, 1992 City Planner Christen advised that as late as this date, issues were being resolved and offered to obtain the numbers requested. Councilman Alongi requested specific information on the agreement reached with the Sheriff's Department for this event. Captain Daniels advised that issues are still being addressed and he does not have a copy of the final arrangements. Councilman Alongi questioned Condition #7 regarding parking and how it would be handled. City Planner Christen advised that sufficient parking has been established for the 'number of participants anticipated. Jim Rhodes, 973 Lori Way, advised that he met with the Sheriff's Department representatives this date to finalize plans. He further advised that the Jet Ski portion of the event has been canceled due to the existing condition of the Lake reducing the number of participants expected. He detailed the additional security being contracted for the event as well as the volunteers who will be assisting and advised that very adequate parking will be available. Mayor Washburn questioned the turnout for the prior event which was similar to this one. City Manager Molendyk advised that he had spoken with the applicant Ervin Palmer prior to this meeting and was advised that this is a co-sponsored event between Elsinore West Marina and the Chamber of Commerce. He also advised that four uniformed Sheriff's deputies will be covering the event as well . Fran Whitney, representative of Elsinore West Marina, advised that sufficient parking is available for 500 vehicles and with use of other areas including the Road Runner portion of the park there are potentially .750 to 1,000 available. Councilman Alongi expressed concern with getting the traffic off of Riverside Drive and into the park. Fran Whitney advised that they will be utilizing all four lanes and ticket sales will be handled beyond the parking area. She estimated that each lane would probably accommodate 25-30 vehicles at a time. She also stressed that people will be coming and going at a variety of times. Councilman Alongi questioned parking lot security and the willingness of the applicant to place a sheriff deputy at the entrance if traffic problems occur on Riverside Drive. Ms. Whitney indicated that the parking lot security would probably be one of the uniformed guards they are contracting and they would be willing to move officers around to prevent problems. Councilman Alongi inquired how many public restrooms would be available and indicated his calculation would be approximately 19 restrooms. Ms. Whitney advised that they have requested 10 and have made arrangements for additional ones if necessary. She further indicated with the existing restrooms the total would be approximately 25. Mayor Washburn clarified that the intent of the code is for the number of people expected and any given time and the figure presented is the total number of people expected. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE OUTDOOR ACTIVITY PERMIT NO. 92-2 BASED ON THE FOLLOWING FINDINGS AND CONDITIONS: Findings 1 . The proposed Outdoor Activity Permit is a temporary use and is a Class 4(e) exemption under the California Environmental Quality Act (CEQA) . 2. Adequate conditions and safeguards pursuant to Section 17.98.060 of the PAGE FOUR - CITY COUNCIL MINUTES - MAY 26, 1992 Lake Elsinore Municipal Code have been incorporated into this approval of the Minor Temporary Outdoor Activity Permit to insure that the use is carried out in a manner envisioned by these findings for the term of the temporary use. 3. The proposed temporary use will not be detrimental to the general health, safety, or welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or City. Conditions 1 . This Outdoor Activity Permit is approved as follows: May 30, 1992 8:00 a.m. to 11:00 p.m. May 31, 1992 8:00 a.m. to 6:00 p.m. 2. The applicant shall present proof to the Planning Division that all the following Conditions of Approval have been met, no later than 3:00 p.m. , May 28, 1992. 3. Enter into an agreement with the Sheriff's Department to provide for security personnel to maintain the peace during scheduled events and provide information to the City that this agreement has been reached. 4. Designate and secure a "Beer Gardens" area. Post "No Alcohol " signs in all other areas and parking lots. 5. Adhere to FAA regulations in regards to all air events. Provide list to Lake Elsinore Police Department and Planning Division of safety precautions taken for hang gliders landing zone and any other air events. 6. Adhere to State regulations in regards to all water events. Provide list to Lake Elsinore Police and Planning Division with precautions taken for jet-ski race and any other water events. 7. Provide sufficient number of parking spaces to accommodate all vehicles associated with the festivities. 8. Provide parking attendants familiar with parking layout and traffic control plans. Parking attendants need to be identified by uniform or vest. 9. Drive aisles and parking areas shall remain free of any congregation activity. If necessary, for the protection of participants, a small portion of the parking lot may be blocked off from congregation activity. Said area shall be blocked with the use of free-standing "sawhorse" type traffic barriers. No drive aisles serving more than two rows of parking shall be blocked. If parking stalls are necessary for commercial retail use, all areas shall be cleared of pedestrian activities and participants shall be required to remain out of drive aisle and parking areas. 10. The entrance to the parking lot shall be clearly marked so that all motorists will know where to enter and exit the parking lot. 11 . All signs and/or barricades are to be provided, installed and removed by the applicant. Removal shall occur no later than the following day after the event. 12. All signs and/or temporary banners shall have a City permit approved by the Planning Division. 13. The applicant shall remove all items imported to the site, no later than June 2, 1992. PAGE FIVE - CITY COUNCIL MINUTES - MAY 26, 1992 14. Secure all applicable permits from the Building Division and arrange for a full inspection. 15. The applicant shall remove all trash and debris that results from the event, no later than June 2, 1992. 16. Submit all binders of liability Insurance naming the City as additional insured as required by the City's Risk Manager, 17. Meet all County Fire Department requirements including, but not limited to, provision of fire extinguishers, provisions for the ingress and egress of emergency vehicles to and from said grounds, and Fire Safety inspection of premises prior to opening. 18. A First Aid Station shall be present in case of injuries. 19. Portable phones should be available for emergency use. 20. Meet all County Health Department requirements including: a. Obtain required Health Department permits for food service. b. Provide grease holding and disposal method to the County Health Department. c. Clean and screen food booth(s) . d. Provide adequate drinking water facilities for the public. e. Provide adequate public restroom facilities. 21 . All Noise Ordinance restrictions for sound emission must be met for all activities associated with this permit. 22. Trash receptacles, one for every 100 people in attendance, shall be provided within 100 feet of concessionaire activity. 7. Parkins Restrictions on Main Street a Resolution No. 92-24. (F:112. 1) City Manager Molendyk explained that several years ago it was decided to create a 2 hour parking limit due to inadequate parking in the downtown area. He detailed the parking lots available to the public developed by the City. MOVED BY CHERVENY, SECONDED BY ALONGI TO REAFFIRM RESOLUTION NO. 87-38. City Clerk Kasad reported that she had received a petition with approximately 89 customers' signatures requesting that Council to remove the 2 hour parking limit on Main Street, Councilwoman Cherveny expressed concern that there is still not enough parking on Main Street to eliminate the 2 hour parking. She stressed the need to enforce the resolution if it is retained. Councilman Dominguez clarified that even with the islands on Main Street there is more parking then there was before. He further stated that the intent was to designate parking until Main Street and the Employee's - parking lot were completed. Councilman Alongi pointed out that there are only two signatures on the petition that are by business owners. He suggested that the business owners pay the license fees and they should all be asked for input. Councilman Dominguez explained that the signatures on the petition are customer signatures and those are the people that pay the taxes and use the businesses. PAGE SIX - CITY COUNCIL MINUTES - MAY 26, 1992 Councilman Alongi commented that by keeping the 2 hour parking on Main Street it keeps people moving and if they need more than 2 hours of parking there are parking lots provided for them to have additional time. He further stated that the survey is only a few persons, and if public input is really desired, then it should be a complete survey of the business people. Councilman Winkler asked when the Graham Avenue Parking lot would be completed. Mayor Washburn advised that it would be ready July 4, 1992 or sooner. Mr. Winkler suggested that this action might be premature and more appropriately addressed a month or two after completion of the Graham Parking Lot. Councilman Alongi stated that if the 2 hour parking is not enforced, then the signs should come down. Mayor Washburn clarified that during the construction, enforcement had been temporarily stopped administratively to be fair. He concurred with Mr. Winkler's suggestion that this should be considered at a later date. Councilman Alongi expressed concern that street sweeping was not being done well because the parked cars do not allow them to do a good job. Councilwoman Cherveny stated that the parking restriction keeps people moving and allows everyone the opportunity to park in front of businesses. She clarified that this is a resolution which is already in effect, and not a new one. Councilman Dominguez advised that Resolution No. 87-38 was intended to be temporary. Mayor Washburn stated that he felt that it was better to allow the parking limit to continue until the construction phase is complete and reconsider the resolution at that time. Councilman Winkler suggested that this item be brought back to Council approximately one month after the completion of the Graham Avenue parking lot; and also obtain a survey of the business owners on Main Street regarding this issue. He further suggested that employees of the businesses be encouraged not to park in front of the shops. Councilman Alongi expressed concern that the busy time of year is coming and he would hate to see this postponed. Mayor Washburn clarified the motion, explaining that it is for reaffirmation of the existing Resolution and does not address the enforcement. Councilman Winkler inquired whether the administrative action to stop enforcement during construction would remain. Mayor Washburn advised that in his mind that would still be in place. Councilman Alongi restated his concern with leaving the Resolution in place if it won't be enforced. Mayor Washburn suggested that it might be better to continue this matter completely until after construction is complete. Mayor Washburn again clarified that this motion does not address enforcement. THE FOREGOING MOTION TO REAFFIRM RESOLUTION NO. 87-38 CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 87-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PARKING RESTRICTIONS ON CERTAIN STREETS AND PUBLIC PARKING LOTS. Mayor Washburn expressed concern with the discension on Council Committees which causes items of no substance to appear. Mayor Pro Tem Dominguez commented that he requested that this item be PAGE SEVEN - CITY COUNCIL MINUTES - MAY 26, 1992 placed because it could not be resolved between the Committee members. He requested that staff agendize the matter. Councilman Alongi further commented that the Public Works Committee worked very hard to reach a solution. 8. Change Orders for Graham Avenue Widening Project - DBL Construction. (F:156.2) Councilman Alongi commented that he is still concerned with change orders for items which should have been included in the original project. He stressed the need to bring forward complete projects and eliminate change orders. He advised that these comments apply to both Items 8 and 9 of this agenda. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO APPROVE THE CHANGE ORDERS AS PRESENTED. 9. Chance Order No. 3 for Rice Canyon Water Reservoir Storage Tank, Community Facilities District 88-3. (F:22.3) MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS AS PRESENTED. APPEALS 31. Flag = Joe Deleo. (F:2I.1) Appeal of Planning Commission Decision to Deny a Minor Design Review for a Flag located in front of Deleo Clay Tile Building on the southwest corner of Collier Avenue and Chaney Street. Mayor Washburn highlighted this item. City Manager Molendyk detailed the prior discussions and explained that two councilmembers were designated to work with the applicant to make the proposed flag a complete project to include appropriate landscaping. Joe Deleo, 1233 Garretson, Corona, applicant, presented a rendering of the proposed project and requested Council approval . Mayor Washburn inquired when this project might be completed. Mr. Deleo advised that he would hope to complete it by Christmas, depending on economic matters. Councilman Dominguez encouraged him to complete it as soon as possible. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO OVERTURN THE PLANNING COMMISSION DECISION TO DENY THE MINOR DESIGN REVIEW FOR A FLAG AND APPROVE THE CONSTRUCTION OF THE FLAG SUBJECT TO THE PROPOSED CONDITIONS: Councilman Alongi commented that the Conditions pertaining to signs would need to be eliminated. Mayor Washburn clarified the recommendation, indicating this is being considered a structure vs. a flag(sign) and the sign code would be waived. Councilwoman Cherveny inquired whether removal of Condition #2 would be appropriate. Mayor Washburn requested clarification from staff. Community Development Manager Shear clarified that Condition #2 addresses prior projects which Mr. Deleo has agreed to complete in conjunction with the flag. He also clarified that this is being considered a structure rather than a sign. Councilman Alongi stressed that all evidence of sign regulations need to be removed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. i PAGE EIGHT - CITY COUNCIL MINUTES - MAY 26, 1992 Conditions 1 . Landscape and site design to be per Exhibit "A" . Preliminary Landscape Plan 2. All Conditions of Approval from prior approved projects (Industrial Projects 87-1, Industrial Project 87-3, and Industrial Project 89-1) shall be completed prior to final of the structure by the City. BUSINESS ITEMS 51. Trash Management Contract = CR & R Inc. (F:68.1) (X:163. 1) City Manager Molendyk advised that this item involves the Rodriguez Disposal Contract which has been in effect since 1982 and currently has about 12 years left. He further advised that Mr. Rodriguez is now planning on retiring and has negotiated with CR & R Inc. of Stanton, who is one of the larger recycling/trash disposal companies in the area. He also advised that the Public Works Committee has spent a great deal of time reviewing the present contract and working with representatives of CR & R to address the City's future trash hauling needs and requirements of AB 939. A video tape of the CR & R operation was presented. David Fahrion, Vice President, CR & R, 11292 Western Ave. , Stanton, advised that CR & R is a privately held company and that they were approached by the Rodriguez's to receive transfer of the existing franchise. He further advised that negotiations have been ongoing for approximately 4 or 5 months. He also advised that they are currently providing services in this area to the cities of Perris, Canyon Lake and Temecula. He commented that they are currently building a material recovery facility in the City of Perris as an effort to comply with AB 939 recycling legislation. City Manager Molendyk explained that depending on Council action the transition would take place for the remainder of the year with all of the new equipment and receptacles going into place by January 1 , 1992. Councilwoman Cherveny advised that she would like to take some time.on the agreement in that it will impact the community for the next 20 years; and Council detailed specific points in the agreement with which they had questions or concerns as follow: Page 5 - Item 1 - Councilwoman Cherveny commented with regard to the ten 40 cubic yard roll off bins at locations designated for the City as a part of any clean-up at the expense of the contractor, since that is approximately I bin per 2,000 in population; she would prefer to see that number tied to the population. Preferably I per 2,000 in population rather than the restriction to 10 or 15 barrels. Mr. Fahrion advised that he did not see a problem with that method. Page 5 - Item 4 - Councilwoman Cherveny emphasized the necessity to educate the public on the new program and encouraged the use of a video on King Videocable. Page 9 - Item 7 - Councilwoman Cherveny requested that in addition to the services to be provided at no charge to City Hall , City Fire Stations, City Police Department, City Parks, that it include any City owned or operated area or building, to allow for future facilities. Mayor Washburn referred back to Page 7 in connection with Councilwoman Cherveny's comments; stating that weekly street sweeping should include not only all industrial , commercial and residential streets, but also any City Parking Lots. Mr. Fahrion advised that this is the intention, however it is difficult to list everything. PAGE NINE - CITY COUNCIL MINUTES - MAY 26, 1992 Page 10 - Item 10 - Councilwoman Cherveny commented that the Franchise Fee amount was originally 4% and now the plan is for a fee of 10.1%, however she expressed concern that the verbiage is based on gross revenues less land fill fees. She explained that her concern is the unknown future level of land fill fees. She explained that she would rather have an amount stated such as 8% of the gross fees, so the amount coming back to the City would be known from the start. She questioned what percentage would work for CR & R. Mr. Fahrion explained that he would need to calculate that number before he could respond. Councilwoman Cherveny advised that she would also need to calculate because she is not aware of the current land fill fees. Mr. Fahrion clarified that the fees would be fully disclosed at the time the franchise fees are paid. He further clarified that this is a component of the disposal fees and would be a direct pass through from the County. Councilwoman Cherveny further clarified that in that case she would see the company absorbing the cost and returning a flat percentage, particularly if it is being paid by the residents anyway. Page 10 - Item A - Councilwoman Cherveny advised that she would prefer a $100,000 performance surety bond. She explained that Mr. Rodriguez currently provides a $100,000 surety bond in addition to the $20,000 cash or letter of credit. Mr. Fahrion clarified the rates and explained that their direction is to provide the most services at the best possible rates, and any increases will be reflected in the fees to the residents. Councilwoman Cherveny clarified that was her understanding. She also noted another reference to the land fill fees and reminded CR & R that she would like a number. Page 14 - Item 14 - Councilwoman Cherveny reminded the company of discussion at the study session and again expressed concern with trash mitigation in the event of a strike. Mr. Fahrion explained that this is addressed by the liquidated damages clause and he thought was resolved by increasing the cash bond to $1,500 per day to cover services rendered by the City. Councilwoman Cherveny expressed further concern that they will allow the City temporary possession and use of the equipment at no charge, however, she is not sure the City staff is licensed or qualified to utilize the equipment. Mr. Fahrion advised that he was not sure how this issue could be resolved. Councilwoman Cherveny advised that she was not sure of the resolution either, but it remains an issue which will need to be solved. Page 16 Annual Review of Performance - Councilwoman Cherveny requested clarification of the annual review of performance and the flexibility the Council would have to make minor changes. Mr. Fahrion explained that if the franchise is not 'performing then the Council could cut off the evergreen clause and the franchise would wind down from there. Councilwoman Cherveny asked if this was in effect a 10 year cancellation clause. Mr. Fahrion confirmed that this would start the clock running. Councilman Alongi inquired whether the review has only to do with the revolving part of the contract, or if each years review starts the ten years again. Deputy City Attorney Burns confirmed that it is a ten year renewal unless Council decides not to renew. Mr. Alongi questioned the advantage to reviewing the contract yearly if it cannot be canceled. Michael Silva, Vice-President of CR & R, clarified that this is a 10 year rolling contract, however termination for performance is immediate and it goes into the liquidated damages clause requiring performance. Mr. Silva further clarified the types of things subject to annual review. Mr. Alongi advised that this clarified what he was looking for. Councilwoman Cherveny again address the strike potential and questioned the daily payroll costs for manning the trucks and how it would be reimbursed. Mr. Silva explained that they would look to the liquidated damages clause and the would be $1,500 per day for labor and the machinery would be free. He confirmed that this would be more than adequate to cover the cost to the City. Councilwoman Cherveny inquired whether that would still be adequate with increased population. Mr. Silva advised that they would not object to PAGE TEN - CITY COUNCIL MINUTES - MAY 26, 1992 tying those clauses to population. Councilwoman Cherveny advised that this would make her more comfortable in that our population has not stabilized. Deputy City Attorney Burns suggested that it might be appropriate to tie it to both population growth and the C.P. I. Index for increases. Page 19 - Item 7 - Councilwoman Cherveny stated that her understanding of the proposal for street sweeping is for every other week in residential areas and twice a week in commercial areas. Councilman Alongi further addressed street sweeping and suggested a one year probationary period before locking in to that portion of the contract. He explained that if the sweeping is effective for the Community a long term agreement could be signed. He expressed dissatisfaction with the current level of service and suggested that the probationary term would allow for adjustments. Mayor Washburn clarified that this sweeping portion of the agreement is on a five year basis rather than the ten years. Mr. Alongi confirmed that it was five years, however he is more concerned with the job being done right than the number of years. Mayor Pro Tem Dominguez questioned the ability to review the contract in a year anyway. Councilman Alongi advise that he could not find that in the agreement. Mayor Washburn advised that it is in the performance bond section. Page 28 - Rates - Councilwoman Cherveny commented that the current rates are $11 .05 per month and they would continue through December 31, 1992, with an increase on January 1, 1993 to $12.82 per month. She also clarified the bins to be provided and the $.50 per month for an employee to track compliance with AB 939. She questioned the remittance process for the $.50 back to the City, rather than building it in to the le% figure. Mr. Fahrion clarified that the 10% is after the $.50 remittance and explained that the current agreement for remittance on a monthly basis. Mayor Washburn inquired whether these fees would be paid on the quarterly basis with franchise fees. Mr. Fahrion clarified that the $.50 would be remitted monthly and the franchise fee would be paid quarterly. Councilwoman Cherveny questioned the placement of this explanation in the agreement. Mr. Fahrion clarified that this is pursuant to existing ordinance and has nothing to do with the franchise agreement. Councilman Alongi addressed the $.50 charge and whether it would be adequate to pay wages for a position. Public Services Director Tecca explained the $.50 charge and clarified that the program to be implemented will use approximately 1/3 of a position. He further explained that CR & R already provides most of the public information program and the fliers required to publicize it. Councilman Alongi inquired whether once the public education is complete the position wo�,ld be gone. Mr. Tecca clarified that this would be a yearly process. Councilman Alongi further questioned the money to fund the position. City Manager Molendyk clarified that this would be a portion of a new or existing position in the Engineering Department, not a full time portion. Councilman Alongi questioned the availability of a staff person qualified to perform this function. Mr. Tecca clarified that the process is detailed in the Source Reduction and Recycling Element which will be coming back for final acceptance. He further clarified that the intent would be do to it in-house. Mr. Fahrion referred back to Page 2 - Section 2 under definitions to clarify the references to the existing Municipal Code. Page 28 - Item 4 - Councilwoman Cherveny questioned the January 1, 1993, monthly container rate of $5.00 per month. Mr. Fahrion clarified that this is the additional barrel rate, over and above the three cans supplied. Page 28 - Item 5 - Councilwoman Cherveny addressed the May, 1992, additional bulky item pick up charge of $5.00 per item, two items per pick up, asking if in fact two of those would be 'free. Mr. Fahrion confirmed that this would be for any additional pick-ups after the two free ones. Councilwoman Cherveny requested verbiage to specify that this charge is PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 26, 1992 after the two free ones. Mr. Fahrion advised that the residents call in and the company will collect the bulky items. Councilwoman Cherveny commented on previous discussions and the possibility of placing these fees on the tax bills in lieu of having to collect monthly and the potential for a reduction in the rate. Mr. Fahrion confirmed that this cost would be $. 19 because of the quarterly billing. Councilwoman Cherveny questioned the impact of noncollections on the $. 19 cost. Mr. Fahrion advised that based on other cities they feel this is a reasonable estimate. Councilwoman Cherveny inquired what the preference for billing would be. Mr. Fahrion advised that they would prefer the inclusion on the tax bills because it is much easier for us to administer and it insures collection of the fees. Councilwoman Cherveny commented on her concerns previously mentioned with the potential of a fish kill in the lake and the problems with that disposal . She inquired whether new information had been obtained on the ability to assist with the disposal . Mr. Fahrion advised that they have contacted a composter, however the gentleman needed to check with the State for the limitations of his permit. He offered to pursue it further first thing in the morning. Councilwoman Cherveny commented on the clause addressing disposal of special waste like dead animals and waste water and supposed that fish would be similar. Mr. Fahrion clarified that those are exempt waste they cannot handle. Councilman Alongi clarified that the figure has been increased from 10 to 15 of the 40 cubic yard bins already. Councilwoman Cherveny expressed concern that this will still not be enough and reemphasized that she would still like to see it tied to a population ratio. Councilman Dominguez advised that most everything had been addressed and he is satisfied with the proposal . Mr. Fahrion clarified that the current Franchise Fee methodology is that used for the past ten years on the Rodriguez contract. Councilwoman Cherveny commented that this does not mean it is the best method. Councilwoman Cherveny advised that she would like to see the adjustments as discussed in the agreement. She clarified that the surety bonds don't cost too much and she doesn't feel it is unreasonable to require it. Mayor Washburn referred back to a comment from CR & R representatives that the costs would be passed on to the consumers and commented that he didn't feel it would be that much on the total cost. Mayor Pro Tem Dominguez suggested that the savings of adding the bills to the tax roll might offset the increased cost. Councilman Alongi commented on his discussions with Mr. Fahrion on the sweeper that if he didn't get it on that contract he couldn't go to the bank and buy a new one. He advised that they said they had a new piece of equipment in their yard that was two years old and in good shape and he didn't see a problem in them using that on a trial basis. Councilwoman Cherveny commented on the street sweeping and emphasized that the public needs to know the City is considering a reduction in the residential area of sweeping to every other week instead of a weekly sweeping. She stressed that the funds saved in this area could potentially be used toward public safety issues. Councilman Alongi questioned the timing of street sweeping advising he thought it would be every collection day. Councilwoman Cherveny advised that this contract is calling for every other week for residential areas. She further explained that there was a substantial savings to the City that could possibly be earmarked for Public Safety. PAGE TWELVE - CITY COUNCIL MINUTES - MAY 26, 1992 City Manager Molendyk pointed out that a recent study of street sweeping shows the trend toward bi -weekly sweeping due to cost and effectiveness in most communities. Mayor Washburn questioned Council 's preference for handling this item and whether they would prefer a motion making the changes requested or return of the item with the revisions in place for the final approval . Councilwoman Cherveny advised that she would like to see the revisions done and then brought back to Council because this is a big, long term commitment. Councilman Alongi concurred. Councilwoman Cherveny stressed the need to see the final draft in advance so there is time to review it. Mayor Pro Tem Dominguez questioned the ability make those changes now, and prevent duplication of the same discussions. Councilman Winkler concurred that the changes should be made and the Council given a chance to review it one more time. Councilwoman Cherveny suggested that it would give time to check on the fish disposal and the bonding. Mr. Fahrion advised that his hands are tied on the fish, he can only report back; however, they can provide the bond as requested. He advised that they would prefer to stay with the street sweeping per the agreement not the one year, but if that is Council 's preference that is fine too. Councilwoman Cherveny expressed concern that the City Attorney hasn't really had an opportunity to read through the agreement. Deputy City Attorney Burns advised that Mr. Harper has read through it, but some excellent points have been raised that may need to be addressed also. He suggested that Mr. Harper bring it back with those points addressed. Councilman Alongi clarified his suggestion regarding street sweeping was not to have them go out and buy a piece of heavy equipment and in a year down the road be told that Council is not satisfied with the service having them committed to the new equipment. Mr. Fahrion further clarified that they are willing to commit to buy the sweepers and do the job on the long term basis, however, performance is their responsibility and can be cause for immediate termination. Councilman Alongi further questioned the immediate termination versus changes in the service. Mr. Fahrion clarified the two explaining that a financial up or down depending on frequency might be done, but the calculations have been done and they have no problem changing scope. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO BRING THE CONTRACT BACK TO THE NEXT MEETING WITH THE CHANGES FOR ONE MORE LOOK BEFORE MAKING A TEN YEAR COMMITMENT. THE CITY COUNCIL MEETING WAS RECESSED AT 8:55 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:02 P.M. 52. Downtown East Assessment District. (F:22.3) City Manager Molendyk explained that the City Council had previously approved the study of the proposed Assessment District for infrastructure improvements behind the City Hall area between Lakeshore and 1-15. He further explained that Council felt that these areas were highly deteriorated due to the age of the structures and the area is targeted for infill to encourage up-grading. This area is considered blighted and this item is to assist in resolving that problem. Jeff Cooper, B.S. I . , gave a brief overview of the engineer's report and detailed the priority areas which need the most attention, particularly the area just east of Main Street, between Prospect and Pottery Street. The PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 26, 1992 estimated cost for this portion would be 6.6 million dollars. Councilman Alongi questioned the reason for doing an assessment district instead of using Redevelopment funds since this area is considered blighted. He questioned the ability of the residents of this area to pay an assessment. Mayor Washburn clarified that housing isn't enough to do the job in regard to redevelopment. City Manager Molendyk explained that the Council recognizes that there would be a fairly high cost involved, however, the majority of the people that would be affected by this assessment would be absentee landlords. He commented that this would encourage improvements by the landlords. Mr. Cooper advised that what the preliminary report does not include is funding from other sources outside of the district. If other funding is available it would lower the assessments and this will be pursued. Councilman Alongi inquired whether there were other areas to acquire money to reduce the assessment and further stated his concern in regard to the cost of studies. Councilwoman Cherveny asked, based on the appraisals, what percentage in that area are absentee landlords. Mayor Washburn suggested that a good guess would be approximately seventy to eighty percent of the area is absentee landlords. Mr. Cooper stated that the area is very high in absentee landlords. Councilwoman Cherveny questioned the cost of the further study. Mr. Cooper stated that the next phase for study would be approximately $30,000. Councilwoman Cherveny requested an informational meeting or study session to further inform her regarding this item. City Manager Molendyk stated that Mr. Cooper or one of the staff from B.S. I. can be available for a meeting or study session to answer any questions. He further stated the money has been budgeted from the Redevelopment Agency to pay for the study and if the assessment is in place it will be repaid to the Redevelopment Agency budget. Councilman Winkler questioned the elimination of certain areas from the proposed district. Mr. Cooper explained that some of the areas eliminated had already been improved and others are a long way from being developed and it was felt that they were not appropriate to include in the district. Special Project Coordinator Wood explained the sources of funding and that the project would have to be done in phases. Councilman Winkler agreed that he would like' to have a study session in regard to this matter. Councilman Alongi inquired how many parcels are involved and how much it will cost overall . He stated that he does not want to see the City loose all of its affordable housing. Special Project Coordinator Wood advised that there are 673 parcels involved. Mayor Washburn commented that the blighted area we are discussing is costing the City more money by ignoring the problem of up-grading. He further commented that by improving the area it will encourage in-fill for affordable housing. Councilman Winkler stated that he feels that in every housing area affordable housing is being provided. PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 26, 1992 MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO TABLE THE DOWNTOWN EAST ASSESSMENT DISTRICT AND ESTABLISH A STUDY SESSION DATE TO PROVIDE FURTHER INFORMATION. 53. The California Inn = 164 S. Main Street. (F:32.4) City Manager Molendyk explained that this item is being presented in response to questions raised at the last City Council Meeting. He detailed the problems for which the building was closed including insufficient electrical improvements, water damage, inoperable elevator, unsafe stairways and unsecured pool area. He further explained that Mr. Mitchell has submitted plans and is proceeding to address the concerns with no major renovations planned at this time. He also noted that this property is still in the first notice phase. A videotape showing the conditions at the time of inspection was presented for Council information. City Manager Molendyk advised that staff has met with Mr. Mitchell and the proposed purchaser of this property and they are currently pursuing grant funding to rehabilitate the building for senior citizen housing. Harry Mitchell , owner, spoke in defense of his building and himself indicating he has had numerous problems in removing problem tenants and has received inadequate assistance from the Sheriff's Department. He also explained that factors in the current situation included the excessive rains and pending sale. He offered to show a videotape of the hotel operations. Council requested that he leave this tape so they could review it at City Hall . CITY MANAGER COMMENTS City Manager Molendyk invited Public Services Director Tecca to provide an update on Collier Road. Mr. Tecca advised that there had been substantial delays on this project for a number of reasons. Many of which centered around the 12" and 24" water lines and changes required by the Water District. He also advised that there were 30 rain days which further impacted the timing, however work is proceeding now. City Manager Molendyk advised that staff has met with EVMWD staff and affected homeowners to mitigate the concerns in the Amber Ridge Tract relating to septic problems, and Council would be receiving a memo of explanation. CITY COUNCIL COMMENTS Mayor Pro Tem Dominguez commented on recent coverage on Channel 2 news regarding the algae problems in the Lake. He clarified that the City is not currently responsible for the Lake and can do nothing to solve the problems at this time. Mayor Washburn commented that the City is trying to address alternatives like aeration and other methods through cooperation with the Water District. Councilman Alongi commented on the Main Street Dogs hot dog cart, expressing concern that he has still not seen the new cart they promised. Mayor Pro Tem Dominguez advised that the owner has met some problems at the Health Department level in that they have changed the regulations. Councilman Alongi expressed concern that the license should not have been issued if these concerns were still pending. He also expressed concern that the cart was still being allowed in a red zone. Councilman Alongi also expressed concern with the current push cart situation and whether a few of these operations should be allowed rather than just saying no. Councilman Alongi reminded Council that he would still like a Study Session regarding the D.B.A. Mayor Washburn advised that the budget is currently the PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 26, 1992 priority and when it is complete the other areas will be addressed. Councilman Alongi commented on the newly finished Graham Avenue improvements and expressed that certain items already need to be replaced. Councilman Alongi also commented that he would like to have a study session on the potential for pay back of abatement costs. City Manager Molendyk advised that the Redevelopment Agency board is currently looking at options. Mayor Washburn confirmed that the matter is being discussed. Councilwoman Cherveny appealed to the public to get involved and write to legislators who could assist in dealing with the algae and fish kill problems in the Lake this summer. She advised that addresses for the legislators are available through the City Clerk's Office. Councilwoman Cherveny commented on a letter sent to the Department of Fish and Game to allow for removal of the fish before they die. Councilwoman Cherveny also commented on confusion in procedures with regard to placement of items on the City Council Agenda and requested direction with regard to agendized items. Councilwoman Cherveny complimented the Chamber of Commerce on its successful Rodeo. Councilwoman Cherveny thanked the City Clerk's Office and City Manager's Office staffs for their support and guidance in assisting her to settle in to her position on the City Council . Councilwoman Cherveny reminded the Community of the upcoming vacancies on the Planning Commission and encouraged interested parties to apply. Councilwoman Cherveny wished all of the candidates luck in the upcoming Primary Election on June 2nd. Councilwoman Cherveny addressed the residents of Lakeland Village regarding their request on launching rights and requested their patience as the City does care and will be willing to work with them. Councilwoman Cherveny also commented that she had received complaints on the previously mentioned parade route closures. Councilman Winkler concurred with Councilwoman Cherveny's comments to the Robert Houts and the Lakeland Village residents. He also concurred that they should be involved in the planning process for the Lake as it is acquired. Councilman Winkler thanked staff for addressing the concerns of the Amber Ridge Tract and advised the Community that work is underway to locate a method of funding to complete the necessary repairs and improvements. He also commented that this tract is adjacent to a Redevelopment Project Area and possibly a finding of necessity would allow for assistance from that source. He requested that this be addressed with the budget process. Councilman Winkler commented on the current cases involving pygmy goats and pot-bellied pigs and suggested that these animals should be considered pets. He requested that this part of the code be reviewed to allow for specific exceptions. City Manager Molendyk advised that this matter is currently being reviewed by staff and L.E.A.F. representatives. Mayor Washburn encouraged the public to apply for the openings on the Planning Commission. Mayor Washburn advised that he had also spoken with the owners of the pot-bellied pig and agreed that a new approach needs to be considered. He also advised that the owners have invited the Council to visit; and that the 4-H has classified "Oscar" as a pet rather than livestock. PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 26, 1992 THE CITY COUNCIL MEETING WAS RECESSED AT 9:59 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:35 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 10:35 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING RECONVENED AT 11 : 15 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11 6 P.M. i ARY WASHBURN, MAYOR CIT F LAKE ELSINORE L.0 CITY CA LE CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA THURSDAY, JUNE 4, 1992 CALL TO ORDER The Study Session was called to order at 2:03 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. DISCUSSION ITEM 1992193 Fiscal Year Budget_ (F:30.1) Police City Manager Molendyk explained that the intent of this session is to set goals and clarify the direction of the Council . He also explained that this presentation is partially flexible and additions or deletions can be made. City Manage Molendyk addressed Police with regard to Municipal Department vs. Sheriff's Department; and with regard to the proposed Police Facility. He commented that he has received mixed signals from Council with regard to the Contract. He advised that the current proposal is to include two new officers; $30,000 for increased overtime to be used for special events and problem areas, and some allowance for specific equipment and training. He explained that the equipment and training portion is based on input from the Sheriff's Department staff, based on the basic deficiencies highlighted at a recent meeting. With regard to the Police Facility, he explained that this was originally designed to meet the needs of the Sheriff's Department and if the possibility of a Municipal Department exists, the plan will need to be modified to serve that purpose. Mayor Washburn commented for the record that Law Enforcement was the top item of concern expressed by the Council . He also commented on recent studies and possibilities for "Community Based Policing". He clarified that the current question is this allocation and not the long term direction. City Manager Molendyk advised that his understanding is that the entire Council would support a new upgraded facility. Councilwoman Cherveny questioned the potential trade--offs by the Sheriff's Department in exchange for the new building. Mayor Pro Tem Dominguez stressed the need to determine the future direction, before looking at the facility. Councilman Winkler inquired whether a building could be built to accommodate either alternative. City Manager Molendyk commented that the existing design is for the Sheriff's Facility and may need to be re-evaluated and increased to PAGE TWO - CITY COUNCIL MINUTES - JUNE 4, 1992 make it usable for either situation. He also suggested the possibility of phasing the project. Councilman Winkler stated that he would not support the facility unless it was adequate for either alternative. Councilwoman Cherveny suggested the possibility of obtaining additional Sheriff services in exchange for the new building. Councilman Alongi questioned the proposed funding source for this facility. Mayor Washburn advised that it would be Redevelopment Agency funds. Councilman Alongi concurred that he would not support a building which would not accommodate either option. He questioned adding on to the existing facility. City Manager Molendyk clarified that the recommendation is to build a larger facility which would meet the new codes. Councilwoman Cherveny supported the potential for phasing the project. Councilman Winkler concurred. City Manager Molendyk commented on the potential for funding this project through the use of Certificates of Participation, which would allow for construction to occur during this fiscal year. Councilwoman Cherveny further questioned the possibility of trade-off's for the building. Mayor Washburn commented that there may be a potential for lease-back or in kind services. City Manager Molendyk commented on the potential impacts of the State Budget and the possibility that the City would need to supplement the Sheriff's budget in the future. He stressed the need to review the current level vs. the desired level . Councilwoman Cherveny expressed concern with subsidizing the County. Mayor Washburn questioned the Sheriff's contract and what it inclu s. Captain Daniels clarified that there is no cost included for maintenance, ec. City Manager Molendyk clarified possible cost offsets such as Cal I .D. , 'Computer System, etc. Mayor Washburn suggested that John Ballew, Special Projects Planner, be asked to look at the plan and include expansions needed for a local police department. Councilman Alongi inquired whether there is a set design for police stations available. Captain Daniels advised that the design depends on the number of people at the facility, etc. Councilman Alongi further inquired whether there is a figure for a full facility versus what would be spent on the existing building. Mayor Washburn suggested that John Ballew come up with a figure. Mayor Pro Tem Dominguez stressed the impact of community crime variables on the needs for the facility. City Manager Molendyk summarized that Council would like a design to ultimately accommodate a local department; once the design is complete, look at County participation; and bring back a financing package for Council approval . Councilman Winkler suggested that this may not be a top priority for this year. Mr. Molendyk clarified that he wants a feel for Council direction at this meeting and follow-up with prioritizing at the next meeting. Mayor Washburn suggested that it is not appropriate to look at other options at this time. He further suggested that this is an opportunity to make a stronger relationship between the City and the Sheriff's -Department. Mayor Pro Tem Dominguez expressed concern with adding two deputies and not making long term decisions. He felt this would not solve anything because the County is looking at reductions. Councilman Alongi commented that he has gone on ride-alongs with the Sheriff's PAGE THREE - CITY COUNCIL MINUTES - JUNE 4, 1992 Department, and he sees the distance between calls as excessive. He further commented that having additional officers could only help the response times and if the City can afford the two officers then the existing officers should receive that support. Mayor Pro Tem Dominguez questioned when the City should talk local police department. Councilman Alongi suggested it should wait until the funding exists, as it currently does not. Mayor Washburn suggested that it may be time to address staffing of public safety. Councilwoman Cherveny advised that she would like a Captain, officers, etc. for a total of four more people. Mayor Washburn inquired why the City of Temecula had discontinued its Captain's position. Captain Daniels advised that they would now be charged for that position. City Manager Molendyk advised that the Captain position had been discussed previously, however it would split the top seat and the County has offered a Lieutenant instead. Councilwoman Cherveny advised that she would not have a problem foregoing the Captain position; but she really sees the need for a traffic enforcement position to be funded through traffic citations. City Manager Molendyk clarified that approximately $250,000 is earmarked for Sheriff's officers, and explained the costs of variable services such as motorcycles, etc. Councilwoman Cherveny commented that the City of Norco may be eliminating their motorcycle program. City Manager Molendyk also commented on this and suggested that a better price might be available for the motorcycles themselves. Councilman Alongi questioned the advantages of 'motorcycles over the patrol cars. Captain Daniels advised that the biggest advantage is visibility, however, there are not a lot of places they can be used in this City and cars are preferable. Councilman Alongi questioned money for code enforcement. City Manager Molendyk clarified that Code Enforcement is a separate issue; Sheriff deputies are not being used for garage sale signs, etc. Councilman Alongi further questioned parking enforcement, etc. City Manager Molendyk explained that this is handled by deputies and the four Community Services Officers. Councilwoman Cherveny questioned the possibility of hiring additional Community Services Officers for more positions. City Manager Molendyk clarified the proposed budget for the Sheriff's Department and explained that items can be shifted, but additional money is not really a factor. Councilman Winkler questioned the amount of income from citations. Captain Daniels cautioned that a portion of this may still be shifted to the State as part of their budget balancing. Fire City Manager Molendyk commented that the Fire Station at Lincoln and Machado should be completed by the end of 1993. He explained that the Council needs to be planning for future funding of approximately $1 million per year to staff w it. He also commented on the proposed Fire Station at I-15 and Railroad . Canyon Road. Lake City Manager Molendyk commented on the proposed budget for the Lake which would currently be Redevelopment Agency monies to plan for the future transfer. He also commented on the enforcement responsibilities which will come with the transfer. It is anticipated that I Sargeant. and 5 officers will be needed to PAGE FOUR - CITY COUNCIL MINUTES - JUNE 4, 1992 staff the Lake. Staff is currently looking at the costs for the Lake, which are now estimated at over $3 million. Economic Development City Manager Molendyk advised staff is continuing to work on major retail to draw jobs, income, convenience and an entertainment center. Mayor Washburn stressed the need to set aside funds for economic development targeting and business attraction to the Community. Lake Management City Manager Molendyk advised that a financial plan is being developed for r upgrading of the Lake. He detailed the status of prior projects and discussions for maintenance of the level of the Lake. Councilman Winkler questioned the time line for completion of the Outflow Channel . City Manager Molendyk advised that it will begin in January, 1993, with an 18 month schedule for completion. Councilwoman Cherveny stressed the insurance requirements for the Lake. City Manager Molendyk commented on the insurance limitations of the Joint Powers Insurance Authority and the need to obtain further coverage. Downtown Neighborhood City Manager Molendyk advised that the Assessment District behind City Hall is ready to move forward. Circulation & Traffic City Manager Molendyk commented on the collection of fees from new development. Councilwoman Cherveny commented on the Green "Welcome to Lake Elsire" Signs and suggested marquee type signs at entrances to the City. City Jager Molendyk commented on the difficulty in placing them at this time based on continuing expansion of the City Limits. City Manager Molendyk also commented on previous discussions of making Lakeshore Drive a four lane road. He advised that recent information seems to indicate increased concerns with speeding, etc. if this is completed; which could impact the potential for tourism. Mayor Pro Tem Dominguez questioned the ability to accommodate emergency vehicles. Mayor Washburn suggested the use of Strickland as an alternative. Discussion ensued with regard to Lakeshore Drive, the right-of-way monies set aside and the potential cost of the entire project. The possibility of reconstructing the Pottery Street bridge was also discussed. City Manager Molendyk highlighted the Recap of Adjusted General Fund Revenue and Expenditures for fiscal year 1992-92 and the 1992-93 Forecasts and Projections. He clarified that the projected net gain does not include the Reserves. He advised that possible new fees for the upcoming fiscal year could include non-resident fees for services, and a utility tax such as the one in Moreno Valley. Councilman Winkler questioned the limitations of a utility tax. Mr. Molendyk advised that it could be held for General Fund money. Councilwoman Cherveny clarified that this tax would require a 4/5ths vote of Council to implement. Councilwoman Cherveny questioned the possibility of implementing an entertainment tax before the theaters, etc. are in place. Mayor Washburn expressed concern that this would not assist in attracting businesses. Further discussion ensued regarding road assessment fees, transient occupancy tax, etc. The possible loss of Vehicle License Fees to the State was also discussed. Councilwoman Cherveny suggested that it might be appropriate to review the existing contracts to assure that they are working to the City's advantage, particularly in the case of BSI versus the use of "City" staff. City Manager PAGE FIVE - CITY COUNCIL MINUTES - JUNE 4, 1992 Molendyk clarified that a Cost Recovery System is being used in that area and the Consultants are intended to be support to the staff on an as needed basis. He further clarified that it is uncertain whether full -time City staff would be appropriate because of the fluctuating workloads. He also explained that the Cost Recovery System requires that the Developers pay for actual staff time used. Mayor Washburn inquired whether the M.S. I . Study System had been fully implemented. Administrative Services Director Boone advised that the Cost Recovery System was the final step. Councilman Winkler questioned programs the City is currently subsidizing and requested a memo detailing them. City Treasurer Pape commented on the possibility of subsidizing some programs for the City's residents, but questioned the need to subsidize County residents. Mr. Pape suggested that the non-resident fees be considered. City Manager Molendyk again commented that the main purpose of this meeting is for highlighting the proposed budget and obtaining Council feedback. Another session will follow to answer questions and address specific projects. He further commented that the proposed budget is balanced. He advised that money has been allowed for Cost of Living increases and Merit increases due to union requirements. Councilwoman Cherveny requested clarification of specific positions. Public Works Manager Payne explained that Public Works Administration funds his position, a secretary and office supplies and Street Maintenance includes the Graffiti Program. Captain Daniels explained that the Community Service Officers are used for report taking, property damage matters, traffic accidents, street sweeper follow-up. He also explained that there are CSO's on duty 7 days a week. City Manager Molendyk commented on the ability to shift the priorities for the CSO's if desired. Mayor Pro Tem Dominguez inquired about the Los Angeles volunteer program in which volunteers are used for answering phones and processing paperwork, and suggested that this be organized for our station. Captain Daniels advised that there is some of this volunteer work occurring, and interested people can be referred to him for information. Mayor Washburn inquired how many volunteers could be utilized. Captain Daniels suggested that 2 per day, 7 days per week would be helpful to help free up office staff. Councilwoman Cherveny questioned the ability to use volunteers for security. Captain Daniels explained that the need for training would be prohibitive for that use. Councilman Alongi questioned the status of Community Service Officers within the Department. Captain Daniels advised that they are not police officers, they are non-sworn civilian aides or service officers. They assist with evidence, take reports on past burglaries and thefts, etc. Councilwoman Cherveny inquired based on 4 CSO's now, how many more are needed to be able to enforce street sweeping, etc. City Manager Molendyk stressed that it is not necessarily a matter of more officers, but a matter of how they are deployed. He further explained that if an officer is assigned to follow the sweeper every day for two months, the public will become educated and enforcement would not need to occur every day. Captain Daniels clarified that even if an officer is assigned to that duty every day, there is still the potential that a higher priority might preclude a portion of the time the officer would be following the sweeper. Councilman Alongi expressed concern that money is being spent for street sweeping and the parking restrictions are not being enforced to allow for thorough cleaning. Discussion ensued regarding the use of CSO's for Street Sweeping, the difficulty of collecting the citations through the court, other priorities impacting enforcement, and the potential that the State will take away more of the parking related citations. PAGE SIX - CITY COUNCIL MINUTES - JUNE 4, 1992 Mayor Washburn requested information on Community Development Block Grant Funding. Community Services Director Watenpaugh explained that these are federal funds passed through to the County and allocated to the cities for projects involving removal of blight, sidewalks, park facilities, property acquisition, etc. Councilman Winkler questioned the funding for Machado Park Restrooms. City Manager Molendyk explained that those improvements are to be funded by park in-lieu fees and the fund is not adequate at this time to fund the improvements. Community Services Director Watenpaugh clarified the projections for in-lieu fees based on the current building activity. Councilman Winkler advised that he would really like to see the Machado Restroom facility funded. Transferring CDBG funds was discussed with regard to Yarborough Park. Mr. Watenpaugh explained that at this time it is important to finish Yarborough Park to show the County that facilities are being completed. He also explained that the City would need to reapproach the County to have the funds reallocated. Mayor Pro Tem Dominguez suggested a commercial venture to assist with Machado Park. Councilman Alongi question the square footage of A.G. to be completed for $200,000. Staff advised that the Country Club Heights project was 11 miles at a cost of $400,000. Public Services Director Tecca clarified the funding sources for the 1992/93 Capital Budget projections. City Manager Molendyk clarified the flexible points in the Capital Projects budget which amount to approximately $105,000. Councilman Alongi stressed that he wants to find $200,000 for paving of streets. Mayor Washburn suggested the ability to make changes at mid-year review. Councilman Winkler commented on the septic problems in the Amber Ridge tract and stressed the moral obligation to assist the residents. Councilman Alongi advised that he would want a payback arrangement for assisting with' these improvements. Mayor Washburn suggested that staff continue to work through the process and review alternatives. Mayor Washburn advised that when employee negotiations are conducted, the Cost- of-Living and Merit increases agreed upon will be for rank and file only, with Management to be discussed in October or November. City Treasurer Pape commented on the existing arrangement with the Chamber of Commerce and suggested that the rent charged for their building be more equitable with the costs to the City. Mayor Washburn clarified the existing arrangement and the rent being charged based on $.62 per square foot for the space they use. As a trade-off, they assist with set up for City meetings in the Conference Room. City Manager Molendyk reminded the Council of opportunities to adjust the budget mid-year and reminded the Finance Committee of their next meeting on June 11, 1992, at 2:00 p.m. After discussion, the next City Council Budget Study Session was set for June 17, 1992, at 1 :00 p.m. with confirming notices to be provided. Mayor Washburn reminded the Council of the upcoming Economic Development Conference on June 18, 1992, from 8:30 a.m. to 1:30 p.m. at Murrieta Hot Springs followed by the Western Riverside Council of Governments Workshop and Annual Meeting scheduled for the same day beginning at 1 :30 p.m. THE CITY COUNCIL STUDY SESSION WAS ADJ RNED AT 5:20 P.M. GAR Y WASHBURN, MAYOR CIT 0 LAKE' ELSINORE A TEST- MAD, CITY LERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 9, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS : ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN. ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney John Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and Deputy City Clerk Bryning. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Items Nos. lb. , 6, 10. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED. BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Study Session - May 18, 1992 . (F:44.2) C. Planning Commission Minutes - May 20, 1992 . (F:60.3) 2 . Received and ordered filed the Building Activity Report for May, 1992 . (F: 32.2) 3 . Received and ordered filed the Code Enforcement Activity Report for May, 1992 . (F:54.1) 4 . Received and ordered filed the Structure Abatement - Activity Report for May, 1992 . (F:32.4) 5. Ratified the Warrant List for May 29, 1992 . (F:12.3) ` 7 . Accepted Notice of Completion for Curb, Gutter,.- Sidewalk and Pedestrian Ramp Replacement Program and miscellaneous street improvements for Grand Terrace Construction. (F: 146. 1) 8. Approved Change Order Nos. 1,2 & 4 for Storm Drain Channel Line "B-111 (Stage 1) at Machado Street, in Community Facilities District 88-3 . (F:22.3) PAGE TWO - CITY COUNCIL MINUTES - June 9, 1992 11. Approved the Public Hearing Date of June 23 , 1992 for the following: a. Negative Declaration No. 91-15 = City of Lake Elsinore. (F:154.1) A request to adopt Negative Declaration 91-15 for the expansion of the City of Lake Elsinore's Sphere of Influence to include 3,840 acres along its northern boundaries. Presently the area is within an unincorporated portion of Riverside County and is not in any other City's Sphere of Influence. b. Tentative Parcel Map 27483 - Samir Alashoar. (F: 110.2) A request to divide the air space of one parcel into dual ownership to create two condominium units. Approval of Conditional Use Permit and Design Review for the construction of one duplex. It has been determined that the request is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15315, Class 15 (Minor Land Division) . C. 1992/93„ Fiscal Year Budget. (F:30.1) d. Recovery of Expenditures = Structure Abatement at 17501 Collier Avenue. (F:32.4) e. Recovery of Expenditure - Structure Abatement at 272 East Peck Street. (F:32.4) f. Recovery of Expenditures - Nuisance Abatement of vacant lot on East Graham Avenue - A. P. JL 373-024-003 , 373-024-004 , 373-024-005 and 373-024-006. (F:32.4) ITEMS PULLED FROM THE CONSENT CALENDAR 1b. Regular City Council Meeting Minutes = May 26 , 1992 . (F:44.2) Councilwoman Cherveny explained that Item No. 8 of the minutes was Change Orders for Graham Avenue Widening Project for DBL Construction and due to the fact that her business is on Graham it was her intention to abstain on this motion. She further addressed Item No. 7, Parking Restrictions on Main Street and stated that she wished to clarify her motion was to reaffirm Resolution No. 87-38 which means it should be enforced as written. Mayor Washburn clarified that the motion was to keep what we have had in the past. Councilman Winkler stated that the minutes are correct as written. He further stated that the motion was clear and leaves Resolution No. 87-38 in place. Mayor Washburn asked City Attorney Harper for clarification. City Attorney Harper stated that the motion stands. He further stated that the intention or a motion can be brought before Council to reconsider the matter with a four-fifths vote at this meeting or at the next meeting for reconsideration. Councilman Alongi commented that if a resolution is passed it should be enforced. Councilman Dominguez stated that when the construction projects were completed then the matter would be brought back to Council for reconsideration. PAGE THREE - CITY COUNCIL MINUTES - June 9, 1992 Mayor Washburn concurred. Councilwoman Cherveny explained that she just wished to clarify her motion. Mayor Washburn reviewed the procedure to reconsider the issue. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REGULAR CITY COUNCIL MINUTES OF MAY 26, 1992 WITH CORRECTION OF VOTE TO SHOW ABSTENTION BY COUNCILWOMAN CHERVENY ON ITEM NO. 8 . 6. Final ARRroval of Parcel Map 25638 - Long Beach Equities, (F: 110.2) Councilwoman Cherveny explained that she would be abstaining on this item due to the fact that she does a significant amount of business with Long Beach Savings Bank. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED WITH A 4-0 VOTE WITH CHERVENY ABSTAINING TO GIVE FINAL APPROVAL OF PARCEL MAP 25638 FOR LONG BEACH EQUITIES. 9 . Notice of Completion for Storm Drain Channel Line "B-1" (stage 1) at Machado Street, Community Facilities District 88-3 . (F:22.3) Councilman Alongi stated that when so many change orders occur he feels that it looks as though the City is not doing their job. He asked if there were some way to eliminate the amount of change orders that seem to occur in regard to these projects. He further stated that he did not question the quality of work nor its completion, but rather that it was not anticipated prior to award of the contract. Mayor Washburn called on Public Services Director Tecca to clarify this issue and also asked if the projects were on schedule and within budget. Public Services Director Tecca stated that Community Facilities District 88-3 is on schedule and well under budget. He introduced Pete Savello, Construction Manager for Community Facilities District 88-3 to answer any further questions regarding the change orders. Councilman Alongi questioned Mr. Savello in regard to the items that create the unanticipated change orders. Mr. Savello stated that it is typical of all Community Facilities District projects to find items which are not expected or anticipated in the planning process due to the age and conditions of the streets and areas which are being improved. Mr. Savello then gave several examples of the items that created the change orders. Mayor Washburn then asked Mr. Savello to go over the listed change orders and explain them. Mr. Savello addressed each item as follows; 1. Additional cost for excavation of concrete debris not shown on plans or soils reports. Due to the flooding in 1980 when that section of channel blew out the Flood Control District poured concrete behind the channel to hold it and no one knew that it was there until the project was under way and excavation had begun. 2 . Add two 24" Butterfly gate valves to 21" water line. Add 260 linear feet of channel and sub-drain. PAGE FOUR - CITY COUNCIL MINUTES - June 9, 1992 The original plan called for a relocation of a water line. At the request of the District, two gate valves were to be installed to isolate the water line. Mr. Savello further stated that this project has been and continues to be done in! pieces due to the different Agencies that must check and approve portions of this project creating situations not anticipated but important for the City to address. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE NOTICE OF COMPLETION FOR STORM DRAIN CHANNEL LINE "B-1" (STAGE 1) AT MACHADO STREET, COMMUNITY FACILITIES DISTRICT 88-3 . 10. Change Order No. 6 for Storm Drain Line "C" and "C-1" on California Street and Joy Street, Community Facilities District 88-3 . F:22.3) Councilman Alongi questioned Item H, asphalt improvements. Pete Savello, constructiion Manager, stated that the lines were 1811 off and it was decided that the entire width of the street would be paved instead of trench paving. Mayor Washburn asked if there was any thing the City could have done to prevent these things from happening? Mr. Savello stated that there was nothing that could have been done to change the situation due to the age of the street. Due to the fact that a contractor is already on site the CFD Committee is able to negotiate and get things done for less because it is not going through the bid process. Mayor Washburn asked if the City received credits for this. Mr. Savello stated that this allows the City to delete as well as add. Mr. Savello further stated that there were problems with a catch basin as there was no drain installed so the project included that drain to solve the run-off problems at that site. Councilman Alongi asked if the Gas Company marked the location of the gas lines before excavation. Mr. Savello stated that the Gas Company did mark the site of the gas lines, but the storm drain had to go in the same area, so a relocation was necessary. Councilman Alongi asked if this type of situation could be addressed prior to proceeding with the project. He explained that he did not question the budget, or time line but rather the ability to anticipate problems in order to address these situations in advance. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE AMENDMENT TO THE CONTRACT FOR $33 , 797. 43 FOR THE ADDITIONAL WORK ON MACHADO STREET, CALIFORNIA STREET AND ST. CLAIR STREET AND AUTHORIZE CITY ENGINEER TO PROCESS AND EXECUTE THE APPROPRIATE CHANGE ORDER DOCUMENT. BUSINESS ITEMS 51. July 4 , 1992 Security. (F:151.1) City Manager Molendyk explained the background of the July 4th, celebration. He further explained that in the past the City has used private security -supported by our local law enforcement. Mr. Molendyk stated that Councilman Alongi had some concerns regarding the security for this event. PAGE FIVE - CITY COUNCIL MINUTES - June 9 , 1992 Councilman Alongi stated that quality and professional appearance have been stressed within the City. He further stated that he felt that the July 4th celebration is a family affair and that the current security is intimidating and not easily identified. He questioned the quality of training and compared the security to that currently used by the City in the downtown area. Mr. Alongi stated that the difference in cost is $92 . 00 . Mr. Alongi further stated that he thought it was time the City moved on and hired uniformed security who he felt were better equipped and looked more professional. Mayor Washburn commented on the difference in costs for the different security agencies. Councilman Alongi stated that he felt when people do business with the City and are given exclusive rights for certain things then something should come back to the City from that business. He further stated that he had talked to Price Security and they reduced their cost down to $2 , 592 . Mayor Washburn stated that the City has used Molifua Security in the past and they have done an excellent job and he has heard no complaints. He further stated that this is an eleventh hour price change and he has called upon the City Attorney for an opinion. Councilman Alongi stated that this was not a sealed bid and no other security services were contracted until he requested it. He further stated that it is misleading to ask the attorney for an opinion. Councilman Alongi further stated that whether any other Councilman had received complaints or not he had and he stressed the push for more professional appearance for the City and that is what he is trying to address. He stated he is not criticizing the quality of service of past security, but is looking at providing a quality service with a professional appearance. This is a family event and with the policy of no cans, bottles or chairs in the park there is no need for security to intimidate the public; and that is how the current security is perceived. He further stressed that he felt that the City should use security that is easily identified and is quickly tied to the Sheriff' s Department. City Attorney Harper commented on appropriateness of a bid after the fact and stated that this could place the City in liability. He questioned the ethics of taking the amount from one entity to another for a comparison. He explained that because this is a public agency there is the flexibility to negotiate. Councilman Alongi stressed that there was no bid process; this was an agency chosen by the City and no one else was asked. He stated that he was the one that encouraged staff to do a price comparison. The intent was not to undercut anyone, only to conduct good business on behalf of the City. City Manager Molendyk clarified that staff has been running the program for seven years with the cooperation of the Sheriff' s Department. He explained that staff choose to follow the same practice in using low profile security, because it is a family event, within the park and armed officers at the gate and on the perimeter of the park are available for any assistance. He further stated that at budget time staff did get different estimates to set the amount needed for the event. Mr. Molendyk explained that Captain Daniel from the Sheriff' s Department was available to answer any further questions. I G PAGE SIX - CITY COUNCIL MINUTES - June 9, 1992 Councilman Dominguez asked if there had been any formal. complaints. He. stated that all he had heard was praise for the concert. Mayor Washburn asked if there had been any complaints in regard to security. Community Services Manager Sapp stated that to his knowledge there had been none. Councilman Alongi stated that he took exception to the implicatiion that he is stating false information. He further stated that the security does not keep a low profile but if Council wishes to keep the same kind of security then he feels they were not living up to their commitment to improve the quality and appearance of the City of Lake Elsinore. Mayor Washburn stated that he would take exception to Councilman Alongils comment because as he feels staff and security have done quite well. He further stated that he has heard no complaints. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY A 4-1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE TO REMAIN WITH EXISTING SECURITY (MOLIFUA SECURITY) FOR THE JULY 4TH, CELEBRATION. 52 . Extension of Time for Tentative Parcel Ma'O No. 24510 - Miguel and Dolores Gonzalez. (F: 110.2) City Manager Molendyk explained that on April 17, 199o, Tentative Parcel Map No. 24510 was approved by the County Board of Supervisors; it consists of the subdivision of a 2 . 34 acres lot into a 1 acre and a 1. 34 acre parcel. He further explained that the project has met all its environmental requirements and recommended that the City Council grant the twelve month extension of time for Tentative Parcel Map No. 24510, based on the Findings and subject to the revised and additional Conditions herein. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 24510, SUBJECT TO THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS 1. Substantial progress toward the development of this Parcel Map has taken place. 2 . The Project as proposed and re-conditioned is consistent with the Goals, Policies,- and Objectives of the General Plan. CONDITIONS 1. Extension of time for Tentative Parcel Map No. 24510 shall expire twelve months from City Council approval date unless an additional extension is granted in accordance to the California Subdivision Map Act and Title 16 of the Municipal Code. 2 . The Final Map shall be prepared' by a registered Civil Engineer or a licensed Land Surveyor and shall be subject to all the requirements of the California Subdivision Map Act, Lake Elsinore Title 16 unless modified by the Conditions of'Approval. 3 . Easements required for roadways, drainage facilities, utilities, etc. , shall be shown on the final map within the land division boundary. 4. Comply with all the Conditions of the Riverside County Fire Department. PAGE SEVEN - CITY COUNCIL MINUTES - June 9, 1992 5. Applicant shall meet all the requirements of the Elsinore Valley Municipal Water District (E.V.M.W.D. ) . 6 . Applicant shall meet all the requirements of the Southern California Edison Company. 7. Applicant shall meet all the requirements of the Southern California Gas Company. 8. Applicant shall meet all the requirements of the General Telephone Company. 9 . The development of this lot division shall comply with the development standards of the R-1 Zone (Single Family Residential) and requires separate "Design Review" approval. 10. The applicant shall sign and complete an executed original to the Planning Division. 11. When applicable, those Conditions of Approval established by the Riverside County Planning Department and approved by the County Board of Supervisors shall be met prior to final recordation. Engineering 12 . Applicant shall pay their fair share for improvements installed by the West Elsinore Community Facilities District (CFD 88-3) which this map will receive benefits. The applicant 's share shall be determined by the benefit area map prepared by the assessment engineer, Keith Engineering Company. 13 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 14 . All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1, 000 per sheet for City Digitizing. 15. Annexation to the City's Landscaping and Lighting District is required prior to approval of a final parcel map. 53 . Extension of Time for Tentative Parcel Map No. 24500 - Troy and Nancy Roberts. (F: 110.2) City Manager Molendyk explained that on April 27, 1990, the Riverside County Board of Supervisors approved Tentative Parcel Map No. 24500 which consisted of the subdivision of a 2 . 31 acre lot into 1. 17 acre parcels. This project is located in the "Hammerhead" area, the environmental requirements have been met and staff recommend that the City Council grant the twelve month extension of time for Tentative Parcel Map No. 24500. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 24500, BASED ON THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS 1. Substantial progress toward the development of this Parcel Map has taken place. i i PAGE EIGHT - CITY COUNCIL MINUTES - June 9, 1992 2 . The project as proposed and re-conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. CONDITIONS 1. Extension of time for Tentative Parcel Map No. 24500 shall expire twelve months from City Council approval date unless an additional extension is granted in accordance to the California Subdivision Map Act and Title 16 of the Municipal Code. 2 . The Final Map shall be prepared by a registered Civil Engineer or a licensed Land surveyor and shall be subject to all the requirements of the California Subdivision Map Act, Lake Elsinore Title 16 unless modified by the Conditions of Approval . 3 . Easements required for roadways, drainage facilities, utilities, etc. , shall be shown on the final map within the land division boundary. 4 . Comply with all the Conditions of the Riverside County Fire Department. 5. Applicant shall meet all the requirements of the Elsinore Valley Municipal Water District (E.V.M.W.D. ) . 6. Applicant shall meet all the requirements of the Southern California Edison Company. 7. Applicant shall meet all the requirements of the Southern California Gas Company. 8. Applicant shall meet all the requirements of the General Telephone Company. 9 . The development of this lot division shall comply with the development standards of the R-1 Zone (Single Family Residential) and requires separate "Design Review" approval. 10. The applicant shall sign and complete an "Acknowledge of Conditions" and shall return the executed original to the Planning Division. 11. When applicable, those Conditions of Approval established by the Riverside County Planning Department and approved by the County Board of Supervisors shall be met. Provide proof of those conditions that have already been met prior to final recordation. Engineering: 12 . Applicant shall pay their fair share for improvements installed by the West Elsinore Community Facilities District (CFD 88-3) which this map will receive benefits. The applicant' s share shall be determined by the benefit area map prepared by the assessment engineer, Keith Engineering Company. 13 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval: ` Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 14 . All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1, 000 PAGE NINE - CITY COUNCIL MINUTES - June 9, 1992 per sheet for City Digitizing. 15 . Annexation to the City' s Landscaping and Lighting District is required prior to approval of a final parcel map. 54 . Cottonwood Hills Assessment District. (F:22.3) City Manager Molendyk explained that previously, Pardee Construction Company advanced the funds for improvement of Railroad Canyon Road. He also explained that a benefit Assessment District was established for the purpose of recovering a portion of the cost from benefited property owners. Mr. Molendyk stated that the road cost approximately fifteen million dollars, nine million dollars was the responsibility of Pardee and six million dollars to be returned to the Benefit Assessment District. Pardee has submitted a request to form a 1913/1915 Act Assessment District to recover its share of the cost. Pardee has requested that the debt to fund the Assessment District be issued outside the auspices of the Lake Elsinore Public Finance Authority. Mr. Molendyk clarified that such an issue would be in direct contradiction of established City/Redevelopment Agency/Public Finance Authority policy. This action would be contrary to Section 10. 5 of the Development Agreement entered into between the City and Pardee, on July 9, 199o. Mr. Molendyk stated that it is the recommendation of staff that the City Council approve proceedings with an Assessment District provided it is done within existing policy requiring all local underlying financings to be processed through the Public Finance Authority. City Attorney Harper explained that there are a number of development agreements outstanding which have language similar to the Pardee Agreement, allowing for the processing of Assessment Districts or Community Facilities Districts through the Marks-Roose pool only if thats what we require of all developers . Mr. Harper stated that Council may want to review the policy but, deviation in the case of Pardee, has the potential of having impact on other development agreements. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE PROCEEDINGS WITH AN ASSESSMENT DISTRICT FOR COTTONWOOD HILLS (PARDEE CONSTRUCTION COMPANY) PROVIDED IT IS DONE! WITHIN EXISTING POLICY REQUIRING ALL LOCAL UNDERLYING FINANCINGS TO BE PROCESSED THROUGH THE PUBLIC FINANCING AUTHORITY. 55 . Trash Management Contract - CR & R Inc. (F:68. 1) (X: 163. 1) City Manager Molendyk explained that Rodriguez Disposal Inc. is selling his trash hauling business to CR & R Inc. , which requires the City to transfer his contract. Presentations have been made by representatives of CR & R and reviewed by City Council at a special workshop and some of the Council met with CR & R to addressspecial concerns. Mr. Molendyk further stated that at the last City Council meeting, on May 26 , 1992 , the Council was asked to approve the transfer and expansion of the contract. However, several additional clarifications and changes to the contract were requested, and approval was postponed. Mr. Molendyk explained that if City Council was satisfied, staff recommends approval of the revised contract for trash pickup, disposal, recycling and street sweeping with CR & R Inc. , to become effective on July 1, 1992 , would be appropriate. i PAGE TEN - CITY COUNCIL MINUTES - June .9 , 1992 i Councilwoman Cherveny stated that she had reviewed the amended contract and still had a few comments and questions which were as follows: Page 5. This item still reads "shall provide up to ten (10) 40 Cubic Yard roll-off bins at locations determined by the City" . The request was that this item be tied to the population growth. Mr. David Fahrion, Vice President of CR & R Inc. , stated that this should read "and one container per every four thousand population increase" . Page 8. (7) Additional sweeping services requested by City. . .Consideration given to the two parades given by the City each year at no additional cost. Mr. David Fahrion stated that there was no problem with adding that in. Page 9 . (5) A more positive logo on the bins such as "Lets keep Lake Elsinore beautiful" . The trucks with the anti-drug logo is fine. Mr. Fahrion stated that whatever appeared on the bins would be up to the City. (7d) to read: Other City owned or operated facilities. Page 25. (I) Add "Municipal Code and set by Resolution No. 91-92 . . . 11 Councilwoman Cherveny then read some questions she received which are as follows: 1. What go in the three trash cans? The BLUE container will be for glass containers, aluminum or tin cans, newspapers, cardboard, junk mail. phone books, waste paper, PET plastic (soda bottles) , HDPE plastic (milk jugs, Tide and Cheer bottles) , other medals, cartons, cereal boxes, shoe boxes, film and plastic. The GREEN container is for grass clippings, tree trimmings, leaves,twigs, weeds, pallets, lumber and manure. The BLACK container is used for refuse and all other solid waste. 2 . In January when the cost goes up to $12 . 82 will they have to take all three barrel ' s since they already do their own recycling. Mr. Fahrion stated that in the brochures which will go to all the customers it states that the company encourages recycling efforts. Councilwoman Cherveny asked if the customer will have to take all three bins. Mr. Fahrion stated that the customer does not need to take all three barrels, but it will not alter the cost as it is a system cost. Councilwoman Cherveny asked if residents could substitute one barrel for another. Mr. Fahrion stated that additional barrels can be provided or the customer can contact them and the company can try to work something out individually. PAGE ELEVEN - CITY COUNCIL MINUTES - June 9, 1992 3 . Councilwoman Cherveny questioned the $5. 00 for an extra trash can. Mr. Fahrion stated that the amount is figured in man hours and equipment time. He further stated that he thought that this was a fair amount. Councilwoman Cherveny then asked if the Company would entertain contributing back to the community in some way. Mr. Fahrion stated that his company tries very hard to work within the community and if the additional services which are in the contract are examined you will notice that these items are not provided for the City at this time. He stated that he felt that this was one form of contribution. He further stated that they are always open for requests from the Chamber of Commerce, Little League and that type of organization and that they participate as much as their budget will allow them to. Councilwoman Cherveny asked if he would be interested in making a 'commitment within the contract. She suggested a portion of the 4th of July celebration. Mr. Fahrion stated that the rates set in this contract are based on the services the company is providing and those rates were figured on the lowest possible amount charged for the greatest amount of service. The peres were not figured into the cost of the contract because those fees would have to be passed on to the customer. He further stated that the contract was set up to give good service and still get the City to its AB 939 goals. He further stressed the commitment and guarantees given by his company were the best they could offer. Mayor Washburn asked Public Services Director Tecca if the City would be receiving a quarterly or monthly report in regard to the AB 939 to see if the City is meeting its goals. Public Services Director Tecca stated that it would be monthly. Mayor Washburnasked if a community were to have a recycling event would give credit to the City. Mr. Fahrion stated that private recycling centers report on what city the product comes from and how much it is. Public Services Director Tecca stated that one of the things that the City is doing is recycling all of the asphalt that is torn up off the streets. He further explained that this material used to be hauled to a dump site and disposed of in that manner and now is recycled which is now a' requirement in our contracts. Mr. Tecca explained that the City sets reports for diversion credit on the many tons of asphalt that are recycled. Mayor Washburn asked if Mr. Tecca was comfortable with the items listed on the cover sheet of the report. Mr. Tecca advised that he concurred. Councilman Dominguez questioned the Franchise fee tie to the gross income in Section XI of the Staff Report and asked how the fees would be assessed. Mr. Fahrion explained that the landfill fee is a pass through and that the fee is collected by them and passed through to the County Landfill. He further explained that company does not reap any of the benefits from the fee. Councilman Dominguez asked what kind of fee the City should expect. PAGE TWELVE - CITY COUNCIL MINUTES - June 9, 1992 Public Services Director Tecca explained that as waste is diverted away from the landfill the landfill fees will go down and there will be a bigger differential between the landfill fees and the gross income that CR & R takes in, so the profit to the City will go up. He further explained that the more successful CR & R is in diverting waste the more money the City will get. Councilman Dominguez questioned the performance bond issue and asked why this was not included. Mr. Fahrion stated that his company did an analysis on Performance Bonds and in their interpretation it is much better for the City to let the contract stand. He further explained that it is to the benefit of the City to use liquidated damages because if the City feels that his company is not doing their job, they can take action immediately with a performance bond the bonding company must be petitioned and they decide if CR & R is at fault, if the companyis found at fault then they issue the money to the City. Mr. Fahrion further explained that with liquidated damages the City has access to the two $20, 000 retentions which are in a letter of credit form or a cash bond. which the City can control. Mayor Washburn asked the opinion of the City Attorney. City Attorney Harper explained that a performance bond is unusual in regard to a trash hauler because the circumstances the bond company is required to pay out are difficult to prove. A performance bond is more typically for construction of public improvements where you can see that the project is done in a manner which meets the City' s standards. He further explained that whether a trash hauler picks up trash without too many customer complaints or whether he provides a service of the quality that the City expects is a lot less tangible. Mr. Harper explained that he has never seen a performance bond on a trash hauler because for the bond company it is difficult to assess the risk and provide the bond. He further explained that as long as the City retains the mechanism in the body of the contract which would provide that in the event of inadequate performance or default the City can do something to the hauler, then the City is covered. Councilman Dominguez stated that he didn't have a problem with liquidated damages and further asked if the employees go with the contract. Mr. Fahrion stated that they do. Councilman Dominguez stated that he is in favor of tax bill collection through the property tax and he further encouraged the company to sponsor community events. He suggested that they could consider the 4th of July events. City Attorney Harper stated if Council wished CR & R to include contributions in their contract they should state a dollar figure. Mr. Fahrion explained that the contract is for his company' s performance and the job that they do. He further stated that he couldn't see how it could be tied to sponsoring an event and that CR & R does try to sponsor events within the Cities they operate as much as possible but the contract is for services they provide at the best possible price. Councilman Alongi stated that because of the long term contract, he would like to see something in the contract PAGE THIRTEEN - CITY COUNCIL MINUTES - June 9, 1992 that CR & R would sweep after every special event. He further stated that he felt this type of contract warranted this. Mr. Alongi then asked the City Manager for the dollar figure for the 4th of July. City Manager Molendyk explained that there were several aspects to the 4th of July celebrations. He explained that the car show, entertainment, fireworks and promotion are different parts. He further stated that possibility CR & R could meet with the City annually to potentially budget their participation. Councilman Alongi stated that he would like to see street sweeping after every City sponsored event added to the contract along with the two parades. Michael James of Alamo Market and Alamo Recycling Center, 217 North Main Street stated that they are in their fifth year of business and are one of Californians highest volume buy back recycling centers. He further stated that they have contributed to nearly $1, 000, 000 going back into the community. Mr. James explained the impact the franchise would have on the growth of his business. He quoted a recent San Bernardino Court decision regarding the fact that cities do not have the right to franchise trash haulers. Mayor Washburn asked if Mr. James concern is that his recycling business would be damaged. Mr. James stated that in fact this program would increase his business due to education, but would in fact limit the growth of his business. City Attorney Harper explained that the decision regarding the San Bernardino Court is still in the preliminary stage and will be going through appeals. He further explained that this doesn't mean Council shouldn't consider their opinion, but at this time he felt that Council could grant the franchise. Mr. Harper stated that one of the findings of the court is that the materials that' are collected are the property of the homeowners until they are placed in the barrels. Therefore the owners can recycle as they see fit which he felt CR & R did not have a problem with. Mr. James stated that Industrial recycling is his concern. City Attorney Harper explained that in the court decision AB 939 was not addressed and one of the advantages of this contract is that compliance is guaranteed. Councilman Alongi questioned CR & R in regard to customer recycling and the cost of pick up. He asked if the recycling enters into the cost of collecting the trash. Mr. Fahrion explained that the recycleables collected off sets the fees collected. This enabled their company to offer a lower price. Councilman Alongi asked that if a household decided to recycle, could a reduction in their fee occur. Mr. Fahrion stated it would not, because their collection is based on a system cost for the entire system. He further explained that the system is still provided whether they stop or not and the company is trying to address the 90% who do not go to recycling centers. He added that this helps to aid the City in being in compliance with AB 939 and CR & R does encourage the public to use recycling centers. i PAGE FOURTEEN - CITY; COUNCIL MINUTES - June 9, 1992 Councilman Alongi asked Mr. James if this met his concerns. Mr. James advised that it did not. Mayor Washburn, explained that anyone in the community can recycle at his center under this contract and as he sees it, it would not prohibit Mr. James from. having other locations. Mr. James explained that the franchise would prohibit him form going somewhere to collect recycleables. He can accept items at his business, but could not go to an industrial area to collect. Mayor Washburn asked the City Attorney if this is correct. City Attorney Harper confirmed. Councilwoman Cherveny asked if Alamo Recycling Center had been doing this. Mr. James stated that they had been in the City of Temecula. Mayor Washburn asked if their pick-up was items such as refrigerators and that type of item. Mr. James stated that the items they picked up were cardboard and that type of thing. City Attorney Harper stated that this contract is basically the same service provided by Rodriguez Disposal Company. City Manager Molendyk explained that street sweeping would occur two time a month, and asked if CR & R could sweep the day after trash collection so that the city could accommodate the people who commute to work and allow the City to retain its signs. Mr. Fahrion stated that they had no problem in doing that. Councilwoman Cherveny addressed the property on Silver Street that the Redevelopment Agency had purchased and wished the letter submitted by CR & R to be made part of the contract. City Attorney Harper read the letter. Councilwoman Cherveny asked if CR & R would make a commitment to meet with the City on an annual basis to discuss contributions to the City. Mr. Fahrion stated that he would be glad to. He further explained that he had done the research on the fish kill and that they are compostable, but it is not under the permit at the current composting facility in Riverside County. Councilwoman Cherveny thanked CR & R for all their time and effort. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REVISED CONTRACT FOR TRASH PICKUP, DISPOSAL, RECYCLING AND STREET SWEEPING WITH CR & R INC. , TO BECOME EFFECTIVE ON JULY 1, 1992 WITH THE FOLLOWING REVISIONS ADDED: Page 5. (Cl. ) At' its expense, twice per year, at those times requested by City, Grantee shall provide up to ten (10) 40 Cubic yard roll-off binds and one (1) container, per every four thousand population increase at locations determined by City as part of any clean up campaign and shall dispose of such items at the appropriate facility. City shall not be required to pay landfill costs. Page 8 . (K7) Additional sweeping services requested by the City that are above and beyond that which is described above, Grantee shall be paid by the City at a rate of $65. 00 per hour, with the exception of two (2) City Parades and City Sponsored Special Events which will be provided for free of charge. PAGE FIFTEEN - CITY COUNCIL MINUTES - June 9, 1992 Page 9. (L5) Grantee shall include Lake Elsinore within its anti-drug campaign. All vehicles shall display an anti-drug logo, with the logo on the bins to be determined by the City, which has been mutually approved by Grantee and City as to design and location. Page 9 . (L7d. ) Other City owned or operated facilities. Page 25. (I) Compliance with Franchise Ordinance. Grantee shall comply with those provisions of the Lake Elsinore Municipal Code and Resolution 91-92 which are applicable, which is incorporated herein and with any and all amendments to such applicable provisions during the term of this Franchise Agreement. Items to be added: Commitment to meet with City on an annual basis to discuss contributions to City of Lake Elsinore. Letter from CR & R Inc. regarding property on silver Street to be made part of the contract. 56. C_ ity Council Meetina Location (F:44. 1) City Manager Molendyk explained that Councilwoman Cherveny was contacted by the Boardmembers of the Lake Elsinore Valley Municipal Water District with an offer to allow the City to use the new chambers at the new District building for City Council and Planning Commission meetings. He further explained that a letter was sent to the City Manager' s office from Assistant General Manager Hoagland regarding scheduling. Staff requested direction from the City Council in regard to this matter. Councilwoman Cherveny explained that she had toured the facility, which was built with public funds and in her opinion it is a very professional facility, contains adequate seating and has the latest in technology including an electronic vote board. She further explained that it would help to bridge the gap between the District and City which has occurred over the past few years. She stated that the facility would be free of charge and would give the City the opportunity to help utilize the facility. Councilman Dominguez stated that he is concerned with not being in a City owned facility. He explained that if the meetings are to be moved, it should be into a City owned facility such as the Community Center or the old church building the City now owns. Councilman Alongi explained that he had the opportunity to visit the facility several times and stressed that it is a public building paid for with tax dollars and the facility is very professional; which is the image the City is working for. He further stated that as the City does not have a proper Council Chamber he feels that the facility should be utilized to its full potential even if it is only temporary. Councilman Dominguez brought up a conflict with the Planning Commission meetings twice a year and restated that he felt meetings should be in a City owned facility, Councilman Winkler stated that he would not mind moving if all the meetings could be accommodated, however, if there is a conflict he would prefer to remain at the i PAGE SIXTEEN - CITY COUNCIL MINUTES - June 9, 1992 to see the item continued for two weeks for further clarification. Councilman Alongi asked if the move could be approved, provided there is no conflict or the conflict can be resolved. He 'stated that to continue the item would be a waste of Council 's time. Councilwoman Cherveny clarified the language regarding the meeting dates in the letter from Elsinore Valley Municipal Water District. Mayor Washburn stated that he had had several discussions with different Members of the Board of the District regarding this and other matters and had sent a letter requesting a Joint Study Session. He further stated that he felt it would be more appropriate to defer this decision until such time as both boards could meet. Councilman Alongi questioned what would be accomplished by having a Joint Study Session and further stated that a meeting would be a waste of time. Councilman Dominguez advised that one of the EVMWD Boardmembers didn't care if Council met in their board room or not, so he felt there would be no hard feelings. Councilwoman Cherveny suggested that in the board room at EVMWD there is more than adequate seating and no one would be left standing. Councilman Dominguez reaffirmed that the Community Center would also have adequate seating. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND FAILED TO CARRY BY A 3 TO 2 WITH ALONGI, CHERVENY AND WINKLER CASTING THE DISSENTING VOTE,TO DISREGARD THE OFFER TO USE THE BOARD ROOM AT THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT FOR COUNCIL AND PLANNING COMMISSION MEETING. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY A VOTE OF 3 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES, TO CONTINUE THE SELECTION OF A CITY COUNCIL AND PLANNING COMMISSION MEETING LOCATION FOR TWO WEEKS. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Warren Alstatt, 35065 Eldorado Rd. , Chairman of the Lake Elsinore Frontier Days Rodeo, Inc. addressed Council regarding his organization's plans for major western entertainment events. He informed Council of an upcoming event planned for August 1, which will be a Bar-B-Que and Dance and asked the City Council to assist their organization in acquiring a location for the PRCA Sanctioned Rodeo. Mayor Washburn explained that he did receive a letter of request and submitted it to the Lake Elsinore Chamber of Commerce for consideration since they have the existing rodeo grounds. Frank Robie Jr. , 454 N. Kellogg St. , stated his concerns in regard to Senior Citizen programs, the leash law not being enforced, law enforcement in general and the condition of the Lake. Rick Zwiefel, Antique Emporium, 101 South Main Street, stated his displeasure with Councilman Dominguez. Alan Baldwin, 16496 Lash explained his opposition to the ongoing Recall effort and further explained the expense and the damage that it will do to the development and business in this community. PAGE SEVENTEEN - CITY COUNCIL MINUTES - June 9, 1992 Al Ewing, 114 1/2 N Poe, a representative of CLEAN the organization supporting the recall, expressed his opinion of the current City Council and the condition of the Lake. Mr. Peter Dawson, Southshore Homeowners Association, 18010 Grand Avenue, stated that they had not received a statement of intent from the City regarding launching for property owners. He further stated that they wish the same consideration as the people who are doing the Eastlake Plan to be presented. CITY MANAGER COMMENTS City Manager Molendyk reminded the Council and public of the up coming 4th of July celebration which will feature Joe Diffie and Highway 101 followed by fireworks. Mr. Molendyk then pointed out the Community Services brochure for Parks and Recreation -and reminded the public that inside the brochure is the City of Lake Elsinore/Redevelopment Agency Newsletter which gives an update on all the improvement projects on going as well as what is happening in the City and encouraged everyone to read it. CITY COUNCIL COMMENTS Mayor Washburn addressed the lake problems and explained City Council and Elsinore Valley Municipal Water District ' s concerns and investments. He further stated that the outflow channel is scheduled for completion inDecember, 1994 . He encouraged the public, during this time of transition, retain a positive attitude and encourage the press to give more attention to the positive. Mayor Washburn stressed Council ' s concerns with the residents of the City, and all the persons who live in the surrounding areas, Mayor Washburn also told of the Young Authors Conference and thanked Justin Davis for his book regarding the Lake and Elsie. Councilman Winkler congratulated the Lake Elsinore Little League for hosting the Regional Finals. He advised that staff will be receiving a Request for a Waiver of Fees for an event at Yarborough Park from the Black Arts Cultural Club and he asked that it be placed on the next agenda. Councilman Alongi reported on his Ride Along experience with a Sheriff' s Officer. He commented on the excellent quality of Law Enforcement and reminded the public that they should call only when necessary. He also commented on the Rodeo and stated that all the persons involved should put aside their differences and try to work together to retain the PRCA Sanctioned Rodeo. Mr. Alongi explained to the public that the Lake is a complicated problem with several different agencies involved, but that the water and its smell still belong to the State of California and he suggested that the citizens write to their Assemblyman to get something done. He suggested that Council look to doing something regarding rent control for Mobile Home Parks within the City. Councilman Alongi commended staff for solving a grading problem, but would like to see this issue better addressed. He addressed the issue of recall and stated that regardless of whether he disagreed with the members of Council he still respects them as representatives of this community and he does not appreciate hearing them insulted and called names. He further stated that the recall itself is bad for the community both for development and business. He also stated that he realizes that it is part of our democracy but should be done for responsible reasonsr. He encouraged the staff to develop an ordinance for special size animals. Councilman Dominguez complimented staff on behalf of the public regarding traffic circulation at Railroad Canyon Road and the signalization at Railroad Canyon Road and I-15. PAGE EIGHTEEN CITY COUNCIL MINUTES- June 9, 1992 Councilman Alongi added that he had a request from the public regarding Grand Avenue noise factor and suggested that a sound barrier is needed. Mayor Washburn stated that he would pass this item along to Engineering Department. THE CITY COUNCIL MEETING WAS RECESSED AT 9 : 26 P.M. THE CITIY COUNCIL MEETING RECONVENED AT 10:29 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:29 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING RECONVENED AT 11: 15 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11: 14 P.M. GARY WASHBURN, MAYOR CITY LAKE ELSINORE R ectfully b it ; ADRIA L. BRYNING, DEP Y CIT CLERK A TEST: n VICKI L. KASAD, CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 23, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE k The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Public Services Director Tecca, Community Development Manager Shear, Community Services Manager Sapp, City Planner Christen, Special Projects Coordinator Basham, Special Projects Coordinator Wood and City Clerk Kasad. PRESENTATIONS CEREMONIALS Mayor Washburn went outside to introduce Holly Spencer and her pet Pot-Bellied Pig "Oscar" . A. Certificate of Merit - State Tae Kwon Do Champion ` Christopher Black. (F:56.1) Mayor Washburn called Christopher Black forward and detailed his accomplishments in Tae Kwon Do. He presented him with a Certificate of Merit. Christopher demonstrated his Black Belt Kata. PUBLIC COMMENTS _ AGENDIZED ITEMS Mayor Washburn advised that he had received requests to address agenda items 52, 53 and 54; and commented that those items would be addressed in turn. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. l.b. , 2, 4, and 11 . MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. City Council Study Session - June 4, 1992. (F:44.4) 3. Received and ordered filed the Investment Report for May 31, 1992. (F:12.5) 5. Adopted Resolution No. 92-32 relating to Final Approval for Annexation No. 45 - Golden Castle Plaza Ltd. (Formerly Pacific Scene) , located at the Terminus of Mountain Street adjacent to the Lake Terrace Tract. (F:20.2) RESOLUTION NO. 92-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PAGE TWO - CITY COUNCIL MINUTES - JUNE 23, 1992 ORDERING TERRITORY DESIGNATED ANNEXATION NO. 45, ANNEXED TO THE CITY OF LAKE ELSINORE WITHOUT NOTICE OR HEARING AND CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT. 6. Adopted Resolution No. 92-33 relating to Final Approval for Annexation No. 58 - Tozai , Inc. , located on the North side of Running Deer Road at the Intersection of Rolando Road - Resolution No. 92-33. (F:20.2) RESOLUTION NO. 92-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING TERRITORY DESIGNATED ANNEXATION NO. 58, ANNEXED TO THE CITY OF LAKE ELSINORE WITHOUT NOTICE OR HEARING AND CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT. 7. Approved Memorandum of Understanding with the Public Employees Association of Riverside County, Inc. for the Fiscal Year, 1992/93. (F: 116.2) 8. Approved Change Order No. 4 for Lincoln Street, Grand Avenue, and Le Gaye Street, Street Improvements, in Community Facilities District 88-3, for Summit Grading and Paving, Inc. , in the amount of $135,529.45. (F:22.3) 9. Approved Change Order No. 7 for Storm Drain Line "C" and "C-1" in California Street, St. Clair Street, Machado Street, LeGaye Street, Riverside Drive, Broadway and Grand Avenue, in Community Facilities District 88-3 (Pre-Cast Pipe Only) , for Utah Pacific Construction Company, in the amount of $35,613.56. (F:22.3) 10. Authorize Quitclaim of Storm Drain Easements for Ortega Channel to the Riverside County Flood Control District and authorized recordation of deeds. (F: 132.1) 12. Adopted Resolution Nos. 92-37 thru 92-40, Confirming F/Y 1992-93 Special Assessments for Assessment District Nos. AD 87-2; AD 89-1.; AD 86-1 and AD 90-1A. (F:22.3)' RESOLUTION NO. 92-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THAT THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 87-2 - SHOPPERS SQUARE) . RESOLUTION NO. 92-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THAT THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 89-1 - SUMMERHILL BRIDGE IMPROVEMENTS) . RESOLUTION NO. 92-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THAT THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 86-1 - NORTHWEST SEWER DISTRICT) . RESOLUTION NO. 92-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THAT THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 90-1A - SUMMERHILL PUBLIC IMPROVEMENTS) . 13. Approved Transfer of the Jean Hayman School Site to Lake Elsinore Unified School District. (F: 142.1) PAGE THREE - CITY COUNCIL MINUTES - JUNE 23, 1992 14. Approved Final Tract Map 23988-2 for 888 Development. (F: 160.2) 15. Set a Public Hearing Date of July 28, 1992, for the Final Draft of the Source Reduction and Recycling Element (SRRE) and Household Hazardous Waste Element (HTE) . (F:163.1) ITEMS PULLED FROM CONSENT CALENDAR 1 . Minutes b. Regular City Council Meeting - June 9, 1992. (F:44.4) Councilwoman Cherveny requested that Page Three, Agenda Item #6 be corrected to read "Councilwoman Cherveny explained that. . . . . . . .business with Long Beach Savings Bank" . MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CITY COUNCIL MINUTES OF JUNE 9, 1992, AS CORRECTED, 2. L. E.A.F. Animal Control Activity Report z M_qy, 1992. (F: 18.2) Councilman Alongi detailed the statistics for animals turn-in by owners, adoption, animals euthanized, etc. , and stressed the need for pet owners to be responsible to help reduce those statistics. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE L.E.A. F. ANIMAL CONTROL ACTIVITY REPORT FOR MAY, 1992. 4. Warrant List = June 15. 1992. (F: 12.3) Councilwoman Cherveny detailed the following warrants which neared or exceeded the $50,000. mark: $49,000 payable to City of Lake Elsinore is the City's payroll . $127,298 to A.W. Davies is for project work in Community Facilities'. District 88-3. $369,401 to Lake Elsinore Redevelopment Agency for taxes on Community Facilities District 90-2. $203,000 to the Southern California Joint Powers Insurance Authority for the City's annual insurance premium. .MOVED BY CHERVENY, SECONDED BY ALONGI :AND CARRIED BY UNANIMOUS VOTE TO RATIFY ;;THE WARRANT LIST FOR JUNE 15, 1992 AS;;PRESENTED. 11 . City-Wide Lighting & Landscaping Maintenance District. Resolution Nos. 92-34 thru 92-36. (F:22.2) Councilwoman Cherveny requested information on this item. City Manager Molendyk explained that this item represents a procedural step in the annual establishment of the City-Wide Lighting & Landscaping Maintenance District. He also explained that the average increase over last year will be between $7 and $10 per unit for the year. He advised that the increase is due to the Consumer Price Index increase, the acceptance of new parks and landscaped areas and the 160 additional street lights added over the last year. City Attorney Harper clarified that the main action this evening is adoption of the %Resolution setting the public hearing for July 28, 1992. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 92-34 THRU 92-36. PAGE FOUR - CITY COUNCIL MINUTES - JUNE 23, 1992 RESOLUTION NO. 92-34 A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. RESOLUTION NO. 92-35 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S REPORT FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITHIN SAID CITY. RESOLUTION NO. 92-36 A RESOLUTION OF THE CITY COUNCILLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. PUBLIC HEARINGS 31. Recovery of Expenditures - Recurrent Weed Abatement at Lots on East Graham Avenue - AP #373-024-003• #373-024-004; 373-024-005; 373-024-006. {F: 166.1) City Manager Molendyk detailed this item which would allow for recovery of costs in the amount of $458.60. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:18 p.m. , asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7: 19 p.m. MOVED BY CHERVENY, SECONDED BY WASHBURN TO CONFIRM THE COSTS OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. Councilman Alongi expressed concern with charging for discing of each individual parcel when they are in all in a row. He suggested that there might be a fairer way to deal with this type of situation. Councilwoman Cherveny stressed the responsibility of property owners to maintain properties and keep the weeds down, without the City having to intervene. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 32. Recovery of Expenditures .1 Structure Abatement at 17501 Collier Avenue - AP #378-020-050-9. (F:32.4) City Manager Molendyk detailed this item for which total costs were $16,771.00. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:22 p.m. , asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:23 p.m. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO CONFIRM THE COSTS OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. PAGE FIVE - CITY COUNCIL MINUTES - JUNE 23, 1992 Councilman Alongi inquired whether this demolition had been requested by the owner. Community Development Manager Shear advised that this matker had been processed through the proper abatement processes. THE FOREGOING MPTION CARRIED BY UNANIMOUS VOTE. 33. Recovery of Expenditures - .Structure Abatement at 272 East Peck Street. (F:32.4) City Manager Molendyk explained this item which involved $2, 101.00 in abatement costs. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:24 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:25 p.m. MOVED BY CHERVENY, SECONDED BY ALONGI TO CONFIRM THE COSTS OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. Councilman Alongi questioned the two types of "board-up" charges in the billing. Community Development Manager Shear advised that the initial board-up was to be a temporary measure with the owner to follow-up. Subsequently, the owner could not be located and transients were entering the building, so the building was later boarded up to meet FHA requirements. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 34. Adoption of Negative Declaration 91-15 and Amendment of Resolution No. 91-66 for the Amendment of the City's Northern Sphere of Influence Boundary. Resolution No. 92-41. (F:154.1) City Manager Molendyk explained this item which involves only the Sphere of Influence and not the City Limits. City Planner Christen showed the location of the proposed change in sphere. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:28 p.m. , asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:29 p.m. Councilwoman Cherveny questioned the impact of this item on residents already living in that area. City Planner Christen advised that there would be no real impact on the residents, as they would still be in the County, within the City's sphere. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION N0, 92-41 : RESOLUTION NO. 92-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO INCORPORATE NEGATIVE DECLARATION 91-15, AMENDING RESOLUTION NO. 91-66, REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AMEND THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE TO INCORPORATE NEGATIVE DECLARATION NO. 91-15. FINDINGS 1. The proposed amendment to the Sphere of Influence will not have a significant impact on the environment. 2. The proposed action is consistent with the Goals, Objectives and PAGE SIX - CITY COUNCIL MINUTES - JUNE 23, 1992 Policies of the General Plan and the standards established in the Municipal Code. 35. Tentative Parcel Map No. 27483; Appeal of Planning Commission Decision for Conditional Use Permit No. 92-3 and Design Review No. R 92-1 . {F:110.2}^ City Manager Molendyk explained that there was a condominium proposed for this project and that there were some concerns regarding the CC & R's and how the project would fit into the neighborhood. City Planner Christen explained that the Planning Commission had concerns because the project is a two unit condominium and the potential of the CC & R's being voted out by those two owners with particular concern for the maintenance of the common area at issue. Planning Commission saw no problems with the project if it was proposed as a duplex, but as a condominium they saw potential problems. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:30 p.m. , asking those in favor of the project to speak. Mazen Issa, 505 N. Tustin Avenue, Ste. 222, Santa Ana, explained that after several discussions with staff, his client purchased the property only to find out that there had been some confusion and that staff and the Planning Commission had a problem with the concept of ownership. He suggested that the only responsibility of the City is to maintain the architectural integrity of the project and the CC & R's can be written to prevent the owners from dissolving them. Mr. Issa stated that if the City had ownership concerns then they should have developed an ordinance to address this concern; and since there is no ordinance to address ownership of this type he felt that the City should approve his project. He further stated that if his client is required to address this project as a duplex he will suffer a loss and he will address all potential problems if the Council allows the project to proceed as a condominium. City Planner Christen explained that this project was originally submitted as a duplex and then revised to for condominium ownership. There is nothing in the Zoning Code which addresses a two unit condominium and relative to CC & R's the Planning Department nor any other public agency enforces them, they are enforced by the property owners themselves. Councilman Dominguez inquired whether the CC & R restrictions and conditions could be added to the title. City Planner Christen stated that this would be an enforcement responsibility, which the City is not involved in, because it addresses a maintenance situation. Mayor Washburn closed the public hearing at 7:51 p.m. ` City Attorney Harper explained that there is one way the CC & R's can be enforced by the City and that is to make the City a part of the CC & R's, which would obligate the City to enforce the obligations of the CC & R's. City Attorney Harper advised that if the City is named it would become involved in homeowner disputes. Councilman Alongi suggested that there are too many problems which can occur with two separate property owners involved. He also suggested that the condition addressing vinyl siding can be very attractive if done properly; tandem parking should be allowed if it is addressed as a duplex; and starting time for construction should really be 7:00 a.m. He suggested that the best solution would be to remove these conditions. Mayor Washburn commented that in all his years on Planning Commission and City Council he had never seen a duplex condominium. PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 23, 1992 Councilwoman Cherveny clarified that this was originally submitted as a duplex, and questioned when it was changed to a condominium. City Pl6nner Christen explained that once the staff planner started looking into it he received communication that it was actually a condominium. Mayor Washburn stated that if this were approached as a townhouse situation instead of a duplex or condominium then Council would approach it with a different attitude. Mr. Issa stated that if an individual house burns down then the City can -- restrict and the CC & R's can be written to provide for the property owners to conform. He fu ther stated that this is not a planning issue but rather an issue of ownership. Councilman Alongi stated that if Council were to approve this item then Council would create two more substandard lots within the City. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO DENY THE APPEAL OF PLANNING COMMISSION DECISION FOR TENTATIVE PARCEL MAP NO. 27483, CONDITIONAL USE PERMIT NO. 92-3 AND DESIGN REVIEW NO. R 92-1, BASED ON THE FOLLOWING FINDINGS: FINDINGS 1 . That the requested use, as a condominium proposal will be detrimental to the general health, safety, and welfare of the persons residing in the neighboring area of the City. Due to the fact that the CC & R's can be potentially dissolved, incompatible alterations to each unit may occur causing the disturbances of the above mentioned factors. 2. That in approving this use as requested, there will be an adverse effect on abutting property due to the nature, intent and consequences of the proposal . 36. Formation of Community Facilities District 90-3 North Lake Elsinore Hills = Resolution Nos. 92-42 thru 92-46 and Ordinance No. 932. (F:22.3) City Manager Molendyk highlighted this item, advising that this District will have no fiscal impact on the Community and the property is the security for the bonds. Special Projects Coordinator Wood advised that work has been proceeding with the developer for some time and all issues have been resolved and timing is being worked out. He detailed the location of the proposed District. The City Clerk advised that a letter had been received which expressed concern with Cambern Street and its impact on his property. Mr. Wood clarified that the intent is not to continue Cambern Street through this property at this time; it is only a potential future extension. He also clarified that this piece of property is not within the proposed District. Mayor Washburn opened the public hearing at 8:03 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 8:03 p.m. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-42: RESOLUTION NO. 92-42 A RESOLUTION OF FORMATION OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 90-3 (NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS) , AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 23, 1992 OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-43: RESOLUTION NO. 92-43 A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 90-3 (NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-44: RESOLUTION NO. 92-44 A RESOLUTION CALLING SPECIAL ELECTION. Mayor Washburn requested that the ballots be opened and the results announced. City Clerk Kasad opened the two ballots and announced that the results of the election were unanimously in favor of the levy of the special taxes, the establishment of the appropriations limit and the incurring of bonded indebtedness. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-45: RESOLUTION NO. 92-45 A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO GIVE FIRST READING TO ORDINANCE NO. 932: ORDINANCE NO. 932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE LEVYING SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 90-3 (NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-46: RESOLUTION NO. 92-46 A RESOLUTION AUTHORIZING ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF LAKE ELSINORE FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 90-3 (NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS) , APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT, AND APPROVING OTTER RELATED DOCUMENTS AND ACTIONS. Larry Buxton, representing the applicant, thanked the Council for their PAGE NINE - CITY COUNCIL MINUTES - JUNE 23, 1992 support and advised that they are anxiously awaiting the approval to proceed, which they received by this action. 37. Presentation and Adoption of the Fiscal Year 1992-93 Budget - Resolution No. 92-47. . F:30.1) City Manager Molendyk detailed the budget process which included two meetings of the Council Finance Committee and two public Study Sessions with the City Council and Management Staff. He advised that based on those meetings the recommended budget includes $9,522,700 for maintenance and operations; $3,367,000 for capital projects for a total City budget of $12,899,700. He explained that a high priority had been given to public safety with the addition of two deputies, increased overtime funding, and extra funding for specialized training and equipment which will assist the Sheriff's Department staff. City Manager Molendyk detailed the proposed capital projects budget which included $156,000 for curb, gutter and sidewalk improvements; $200,000 for street improvements, $115,000 for a new traffic signal at Ortega/Grand; $156,000 for Robb Road Right-of-Way; $250,000 for gas tank decontamination at Main/Sulphur and Robb/Lakeshore intersections; $30,000 for Yarborough Park parking lot paving; $30,000 for a Storm Drainage Study required by the Federal Government; $100,000 for Storm Drainage Improvements; $81,000 for Senior Center Improvements; $55,000 for Yarborough Park expansion/ acquisition (funded by C.D.B.G.) and $2,400,000 for the new Police Facility to house the existing contractual services as well as any future police operations. City Manager/Executive Director Molendyk highlighted the Redevelopment Agency budget which includes $11,634,300 for operations. He detailed the proposed Redevelopment Agency Capital Improvement Projects which include Lakeshore Bridge and related Channel Improvements; Wetland Mitigation on Collier Avenue for which there is an $700,000 obligation; $1 million for Lake Management; $3. 1 million for Outflow Channel & Bridges; Downtown East Assessment District Studies & Implementation $200,000; .Lake Management Federal Debt $131,700; Mission Trail Improvements for $900,000; $450,000 for a Housing Rehabilitation Program which would include Clean-up & Development and $200,000 for Historic Building Refurbishment. Councilman Winkler stressed the need to recoup the monies expended for Mission Trail Improvements. City Manager Molendyk commented on the pending State Budget decisions and the impacts they could make on the local level . He further commented that the School District is anticipating a loss of between $700,000 and $2.2 Million; E.U.M.W.D. could lose $1.8 million. He stressed that based on the current circumstances the budget presented this evening is balanced. Mayor Washburn commented on discussions with other cities and legislators to convince the State that the cities are not as financially well off as the State believes. He also commented on a videotape from the League of California Cities and the possibility of showing it at the next City Council Meeting. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:20 p.m. asking those persons interested in the 1992-93 Fiscal Year Budget to speak. Hearing no one, the public hearing was closed at 8:21 p.m. Mayor Washburn invited the City Treasurer to,address Council on the proposed budget. City Treasurer Pape advised that he had the opportunity to work with Staff and the City Council on this year's budget process. He also commented on the dependence of the City on the State budget negotiations. He advised that the proposed budget is balanced and police protection has been PAGE TEN - CITY COUNCIL MINUTES - JUNE 23, 1992 increased, which he suggested was commendable based on the status of other cities. He reminded the Community that the City began cutting back some time ago to minimize budgetary problems. City Manager Molendyk thanked the City Council , City Treasurer and Staff for their assistance in the budget process and particularly thanked Administrative Services Director Boone for his assistance. He commented on a shift in interest earned on storm drain funds which will be applied to curbs, gutters, sidewalks and street improvements; which reflects $281,000 in additional revenues. Councilwoman Cherveny thanked staff for their hard work on the budget, and stressed the unanimous Council priority and dedication to public safety. Councilman Winkler concurred that the priority of the Council is public safety, substantiated by the increase in the level of enforcement. He commented on the impact of the Outlet Center on sales tax revenue and the assistance to increase law enforcement. He further commented on the impact of the State budget negotiations and reappropriations. He also commented on the Amber Ridge Tract septic problems and requested that specific recommendations come back to Council . Mayor Washburn further commented on the need to address law enforcement and the potential that a police tax may still need to be considered at a later time. He also thanked staff for their efforts to present a balanced budget. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-47 APPROVING THE 1992/93 FISCAL YEAR BUDGET: RESOLUTION NO. 92-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1992-93 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN. BUSINESS ITEMS 51 . Extension of Time for Tentative Tract Map No. 24618 - George Wimpev, Inc. dba Morrison Homes. (F:160.2) City Manager Molendyk explained this item and the location of the project. He also clarified that the request should be for 38 homes rather than 35. Kent Keyes, 508 W. Mission Avenue, Escondido, representing the applicant, inquired whether annexing to the existing Lighting and Landscaping Maintenance District would cover the slope maintenance. City Attorney Harper clarified that the tract would automatically be part of the District and questioned the ownership of the slopes. Mr. Keyes advised that they would be privately owned. City Attorney Harper advised that in this case, the District would not cover maintenance of the slopes. Mr. Keyes also questioned the condition prohibiting phasing of the project. Mr. Harper clarified the condition. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ONE YEAR EXTENSION OF TIME FOR TRACT 24618 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS 1 . Substantial Progress toward the development of this Parcel Map has taken place. 2. The Project as proposed and conditioned is consistent w�th the Goals, Policies, and Objectives of the General Plan. PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 23, 1992 CONDITIONS J 1. Extension of time for Tentative Tract Map No. 24618 will expire one (1) year from date of approval unless an additional extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and Title 16 of the Municipal Code. 2. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval . 3. A precise surv�y with closures for boundaries and all lots shall be provided, per City Ordinance. 4. Signage for this subdivision shall require City Permits. 5. A noise study must be submitted prior to Minor Design Review approval of the dwellings. Plotting and decorative block wall for Ortega Highway, to ensure that the exterior and interior noise levels specified by the City's Code are provided for lots 6-15 through building construction and a sound attenuation wall . Standard highway noise levels should be assured for the sound mitigation plan. The City's Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Planning Division. 7. A geologic report with associated recommendations will be required for grading permits. All grading shall conform to the requirements of Section 16. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. A temporary erosion control landscaping plan shall be approved prior to issuance of grading permit. Temporary erosion control landscaping shall be provided within 30 days of rough grading. The applicant shall bond !00% for materials and labor for one year. 8. Pay all Capital Improvements fees in effect at the time of issuance of building permit. 9. Prior to final approval of Tract Map 24618 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 10. Prior to Final Tract Map approval by the City Council , all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 11 . Prior to Final Map approval , applicant shall obtain off-site slope easements for grading from adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. 12. Bond for drip or sprinkler irrigation system for sloped areas, prior to the issuance of a building permit. If a crib wall is proposed, the applicant shall be responsible for the landscaping/irrigation for the height and length of the wall . A planting/irrigation plan shall be submitted and approved, prior to issuance of grading permit, subject to the approval of the City's Landscape Consultant and the Community Development Manager. 13. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 14. All of the improvements shall be designed by developer's Civil Engineer PAGE TWELVE - CITY COUNCIL MINUTES - JUNE 23, 1992 to the specifications of the City of Lake Elsinore. 15. Comply with all conditions of the Riverside County Fire Department. 16. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 17. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 18. Meet all requirements of Southern California Edison Company. 19. Meet all requirements of Southern California Gas Company. 20. Meet all requirements of General Telephone. 21. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 22. The developer shall establish a Homeowners Association to manage and impose fees to maintain all slope or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Manager or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners Association. 23. Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines, prior to issuance of building permits. 24. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall be also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development .Manager or his designee prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 25. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 26. Provide a decorative masonry wall along Ortega HOghway at the pad elevation/property lines of those lots at a height consistent with a noise study acceptable to the Planning Division. Any wall over 8 feet high shall require Planning Commission approval . Other walls are subject to the review and approval of the Community development Manager or designee prior to the issuance of a building permit. Provide a combination 4 foot high decorative block wall with 2 feet wrought iron above along Grandview Avenue, and on northeasterly retajning wall at pad elevation, and on Trabuco Avenue, as appropriate, to preserve views (rather than using 6 feet of solid fencing) All other side and rear property line fencing shall be 6 feet high and meet the requirements of PAGE THIRTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992 Section 17. 14 and 12.23 of the Municipal Code. 27. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return �he executed original to the Community Development Department. 28. Property line shall be at top of slopes with down slope areas to be maintained as indicated in Condition Number 22, with the exception of Grandview Avenue and Trabuco Avenue. 29. All exposed lights shall be shielded above the horizontal plane. 30. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to the final map approval . 31. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.53.030) . Document can be obtained from the Engineering Department. 32. All local streets shall have a 60 foot right-of-way with 40 foot curb-to-curb. Restricted local streets (cul -de-sacs) shall have 50 foot right-of-way with 36 foot curb-to-curb and a 3 foot utility easement on each side. 33. No single-family lots shall have ingress or egress to collector street or higher volume traffic streets. 34. Provide Soils, Geology and Seismic reports including street design recommendation. Provide final Soils Report showing compliance with preliminary and finish grade certification. 35. Pay all Capital Improvements and Plan Check Fees. 36. Submit a ."Will -Serve" letter to the City Engineering Department, from the applicable water districts, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval . 37. Construct all public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to the issuance of building permit. (Lake Elsinore Municipal Code 16.34) . 38. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34) . 39. Pay all fees and meet requirements of encroachment permit issuance by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78) All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 40. All compaction reports, grade certification, monument Certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site Improvements will be scheduled and approved. 41 . Applicant shall obtain necessary off-street easements for off-site grading from the adjacent property owners prior to final map approval . 42. Provide fire protection facilities as required in writing by Riverside County Fire Department. 43. Provide street lighting, show lighting improvements on street PAGE FOURTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992 improvement plans, as required by the City Engineer. 44. Individual lot drainage shall be conveyed to a public facility or accepted by the adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 45. Hydrology and hydraulic Study shall be submitted, reviewed and approved by City Engineer and Riverside county Flood Control District prior to final map approval . 46. All major drainage facilities in this tract shall be constructed to Riverside County Flood Control Standards and agreement entered into with the District for construction, ownership and maintenance. 47. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and developer shall mitigate any flooding and/or erosion downstream caused by development of off-site and diversion of drainage. 48. Applicant shall obtain any necessary Cal -Trans permits and meet all Cal -Trans requirements for right-of-way dedication and construction on Ortega Highway. 49. Contribute $102.00 towards the City's Master Entryway Sign Program. 50. Prior to the Final Map recordation, a subdivision agreement shall be entered into with the developer(s) , owner(s) and the City. 51 . Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval . 52. Developer shall contribute $6,000.00 towards the design and construction of a traffic signal at Grand Avenue and racy Street. This development will increase traffic at the intersection at least 4% and should contribute 4% towards construction. 53. Provide sufficient dedication along western tract boundary for Grandview right-of-way of 66 feet. 54. Grandview along tract boundary shall be improved to provide a parking lane and two travel lanes (32 feet) . Off-site from Half Moon Drive to Laguna Avenue, Grandview shall be improved to provide a parking lane and two travel lanes (32 feet) . 55. Applicant shall agree to enter into an assessment district for the cost sharing for construction of the Ortega Channel and major drainage laterals. 56. Approval of drainage plans for this subdivision is' .conditioned upon completion of the master plan drainage facility required as a condition of approval for Tentative Tract Map 20139 to serve this proposed subdivision. If tract 24618 is constructed prior to the completion of the Ortega Channel , then this developer shall construct the permanent storm drain improvement under Grand Avenue and enter into an agreement with developer of Tract 20139 for appropriate reimbursement. 57. Developer shall extend the Ortega Channel latera r l in Grandview to the southerly tract boundary and will be entitled to reimbursement through the assessment district. 58. Annexation to the City's Landscaping and Lighting District is required prior to approval of final map. 59. All improvement plans and tract maps shall be digitized At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with the City's ARC Info/GIS or developer to pay 1 PAGE FIFTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992 $1,000 per sheet for the City digitizing. , 60. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval . Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 61 . The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge System Permit prior to issuance of grading permits. 62. This map is toy.be developed in one single phase. 63. Developer shall provide No Parking and Street sweeping Signs for streets within tract or pay a fee for installation by the city. 64. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 52. Black Art & Culture Club - Request for Waiver of Fees. (F:151 . 1) City Manager Molendyk explained this request and detailed staff contact with the applicant. He also clarified that the insurance requirement is pursuant to direction from the Southern California Joint Powers Insurance Authority of which the City is a member. Barbara Anderson, 304 N. Lewis, advised that this is a six year old organization for which this is an annual Bar-be-que fundraising event. She expressed concern with the existing ordinance in that she feels the insurance requirement is prohibitive for churches, scout troops, etc. Mayor Washburn clarified that the restroom and trash enclosure requirements were being reduced from the level the code would dictate. City Manager Molendyk clarified that the only way to vary from the existing ordinance is by Council action. He also clarified that the process would be addressed by Item 55 of this agenda. MOVED BY CHERVENY, SECONDED BY WINKLER TO WAIVE THE FEES FOR THIS EVENT: Councilman Alongi concurred that the $200 fee should be waived and questioned the cost of a $1 million insurance policy for the event. Councilwoman Cherveny suggested that she didn't feel it was necessary to require the liability insurance specified. City Manager Molendyk suggested that future consideration be given to co-sponsorship of this event to prevent further processing. Mrs. Anderson advised that they are looking for another group to share insurance coverage with them. Mayor Pro Tem Dominguez questioned the consideration given for restrooms and trash enclosures. Councilman Winkler clarified that the participants are coming and going throughout the event and there is never the full count present. Councilman Winkler inquired whether the two restrooms required would be a hardship for the group. Mrs. Anderson advised that this would not be a problem. Mrs. Anderson further advised that the cost of insurance for the one day event had been quoted from $350 to $750. Councilman Winkler questioned the ability to use another group's insurance. Councilwoman Cherveny suggested D.B.A. Councilman Alongi concurred and suggested a meeting to assist in this effort. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 53. Request from Lake Elsinore Frontier Days Rodeo, Inc. (F:108. 17) Warren Altstatt, 35065 El Dorado Road, thanked the Council for their PAGE SIXTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992 previous support and advised that they are currently soliciting assistance in finding a rodeo site. He suggested that a short term solution may have been found, but stressed the need for a long term arrangement. He commented that recent changes in the Chamber of Commerce may allow for a long term solution. He advised that he has appointed a negotiating team to work out details and requested continued Council support of this effort. Mayor Washburn advised that it would be appropriate to refer this matter to the Chamber of Commerce. 54. Amendment to Municipal, Code - Keeping or Exotic Animals - Ordinance No. 933. (F:18. I) Holly Spencer, 3700 Colonial Circle, explained that she fell in love with Pot-bellied pigs and saved up and bought Oscar. She further stated that she was not aware that it was against the Municipal Code to own one until she was cited by Animal Control . She has checked with the 4-H Club and they consider these animals domestic and not farm animals. She further stated that the neighborhood supports her pet. Mayor Washburn advised that he had received letters from Miss Spencer's brother and his classmates and he thanked him for his concern and interest. City Manager Molendyk explained that the ordinance before Council deals with exotic animals and after consulting with staff he would recommend that this item be continued for further clarification in regard to the animals which could be added to the amended ordinance. Councilwoman Cherveny asked if Council could approve in concept, then bring the finished product back to Council for approval of the ordinance. City Attorney Harper explained that this item can be approved in concept, but would need to come back before Council for formal adoption. Councilman Winkler stated that the ordinance should address pigmy goats as well a pot-bellied pigs. Councilwoman Cherveny stated that a committee should be appointed to review the ordinance including the City Attorney, staff, Miss Spencer, and Animal Control . Councilman Alongi stated that he would like to see a committee which consisted of the City Attorney, a veterinarian, a member of the City Council , and a member of the Planning Department. He further explained that the ordinance needs to be complete to avoid problems. Tom Spencer stated that several cities have recently adopted ordinances to cover these animals and he felt that the City should not waste the time or money with a committee. Ann Washington, Director of L.E.A.F. explained that sh'e has been in communication with the United States Humane Society and they are opposed to potbellied pigs being treated as pets. She further stated that these animals can grow to over 300 pounds and if Animal Control has to pick them up it can become a real problem to deal with. Ms. Washington stated that she is in favor of the ordinance, but wants it to work for everyone. Councilman Winkler stated he didn't feel that that tPere should be so many people involved on the Committee. Councilwoman Cherveny wished to go on record as being in support of Oscar, but she would like it reviewed further. Councilman Alongi stated that he wants an expert in this field and he feels that there should be specific items addressed to protect these animals. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY 4-0 VOTE WITH WASHBURN VOTING NO,TO APPROVE ORDINANCE NO. 933 IN CONCEPT WITH A COMMITTEE CONSISTING OF THE CITY ATTORNEY, A COUNCILMEMBER, A MEMBER OF THE PLANNING COMMISSION, PAGE SEVENTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992 ANIMAL CONTROL, A VETERINARIAN, AND MISS SPENCER AS AN ADVISOR, TO REVIEW AND REVISE THE ORDINANCE FOR FORMAL ADOPTION. 55. Special Events Permit Process - Ordinance No. 934. (F:151 . 1) City Managed Molendyk explained the existing process and the confusion caused by two departments handling different types of permits. He further explained that this is an attempt to simplify the process. He detailed the new process which would involve a review committee of all impacted departments. Mayor Pro Tem Dominguez questioned the appropriateness of adding a Councilmember to this Committee. City Manager Molendyk suggested that the Committee itself remain at the administrative level . City Attorney Harper advised that there is currently litigation pending which could change the language being presented in this ordinance, so there could be additional changes required later. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 934: Councilman Alongi addressed the insurance issue on Page 4 of 7 and commented that this is a problem for the Council now and questioned how it would be handled by staff. City Manager Molendyk explained that it is the intent of this ordinance to simplify the process and address individual cases. He also explained that the policy would not be changed without direction from City Council . Councilman Alongi questioned the appeal process and suggested that it should be changed to allow appeals to the City Council rather than the City Manager. MOTION WAS AMENDED TO ALLOW FOR APPEALS TO THE CITY COUNCIL ON PAGE 4 OF 7 AND 7 OF 7 WITH THE APPROVAL OF THE SECOND. ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING A SPECIAL EVENTS PERMIT PROCESS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 56, City Council Meeting Location. Continued from June 9 1992. (F:44. 1) City Manager Molendyk explained this item which was continued from June 9, 1992, for further input on scheduling. Councilwoman Cherveny commented that this item was continued for Councilman Winkler to obtain clarification and that clarification had been obtained and the Water District has offered to use another room if a conflict does arise. MOVED BY CHERVENY, SECONDED BY ALONGI TO MOVE CITY COUNCIL MEETINGS TO THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT FACILITY EFFECTIVE THE FIRST MEETING IN AUGUST. Councilman Winkler advised that he has toured the facility and feels it would be a good facility. He questioned the cost to King Videocable to connect the necessary equipment. Councilwoman Cherveny advised that she PAGE EIGHTEEN - CITY COUNCIL MINUTES - JUNE 23, 1992 had discussed this matter with Tom Thomas at King Videocable and the E.V.M.W.D. facility was pre-conduited and all they need to do is pull wires through. Councilman Alongi commented that the best situation would be a City owned facility but in the absence of that, the Water District facility will be a good situation. Mayor Washburn concurred with Councilman Alongi that a City facility would be the best situation and commented that with the construction of the Police Facility that might still be possible. He advised that his concern is that this action is premature as the City and Water District are working on improved communication. He also commented that he is not uncomfortable with the School District Facility and they have done an excellent job of accommodating the City Council and Planning Commission Meetings. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES. PUBLIC COMMENTS ^ NON-AGENDIZED ITEMS Susan Yantorn, 15171 Wavecrest, expressed concern with traffic in the vicinity of Grand Avenue/Machado Street, particularly that of big rig trucks. She explained that the traffic is so heavy beginning at 4:30 a.m. they are awakened daily at that time; and they are concerned for the safety of children required to stand on Grand Avenue to catch the School Bus. She requested that the City consider building an eight foot tall wall around neighborhoods in this area as a sound barrier. She presented a petition signed by 66 people requesting restriction of weights, speed limits, etc. Councilman Winkler inquired whether the bus stop could be moved inside this tract. Mrs. Yantorn advised that this has been previously discussed, however the School District advised that they could not do so. Chris Hyland, 15191 Wavecrest, advised that she had videotaped the traffic flows on Grand Avenue and presented that tape for Council review. She suggested that this not be used as a traffic corridor and expressed particular concern for the large number of children in the area. A.C. Vallegos, 15111 Windover Court, questioned whether truck traffic should be allowed in this residential area. Public Services Director Tecca advised that this area is not currently signed for truck traffic, however, the circulation element does designate it as a major arterial . Mr. Vallegos suggested that truck traffic should not be allowed in this area. Mayor Washburn advised that the situation will be reviewed. Jeanie Corral , representing the Riverside County Centennial Commission, detailed the work underway for the County Centennial Celebration in 1993. She showed a book which is being sold to help fund the Celebration. She suggested that the Christmas Parade utilize the Centennial Theme to draw attention to this event. Peter Dawson, representing the Southshore Homeowners, advised the Council of upcoming annual meetings in July and requested that the Mayor address these meetings with regard to the future of the Lake and their access rights. Mayor Washburn advised that he would check his calendar and plan on participating. Bob Houts, 32946 Rose Avenue, also representing the Southshore Homeowners, commented on AB 1697 and the requests of the homeowners in the Lakeland Village Area. He reemphasized their concern with future launching rights for the Lake. Frank Robie, Jr. , 454 N. Kellogg, Apt. B, expressed concern with problems at Yarborough Park, the three minute limitation on Public Comments, law enforcement, drunk driving, etc. Mayor Washburn advised Mr. Al Ewing that this part of the meeting is not a forum for recall , but rather a forum for matters leading to betterment of the Community. PAGE NINETEEN - CITY COUNCIL MINUTES - JUNE 23, 1992 Al Ewing, 114-1/2 Poe Street, commented on problems with the Community. Mayor Washburn requested that Mr. Ewing be removed from the City Council Meeting. Mr. Ewing left the podium and the meeting under protest. CITY MANAGER AMMENTS None. CITY COUNCIL COMMENTS Councilwoman Cherveny dvised that she is pleased with the approved increase in public safety, and adv1sed that it will maintain the 1 officer per 1,000 level . She suggested the possibility of increasing that level again in January. She reminded the Community of the enforcement of the two hour parking restriction on Main Street and of Street Sweeping restrictions. She requested that staff investigate when the trash bills would be added to the tax bills. She advised that she has been approached with regard to moving the public comments back to the beginning of the meeting. Councilwoman Cherveny commented that this meeting is the anniversary of her first fight with Councilman Winkler and commemorated the event with a cupcake as a peace offering. Councilman Winkler commented that much progress has occurred in the last year. Councilman Winkler commented on the concerns in the Grand Avenue/Machado Street area and suggested that communication occur with the School District to go into the tract to pick up children. He further commented on the possibility of reducing the speed limit in that area, and requested that the existing speed limit be reviewed. He also commented on police protection and the efforts of the City to maintain the 1 per 1,000 level ; as well as the possibility that an assessment may be necessary to allow for a higher level of enforcement. He stressed the need for neighborhoods to become involved in neighborhood watch. He thanked the gentlemen at Yarborough Park for his assistance in maintaining and protecting the Park. Councilman Alongi concurred with Councilman Winkler's comments on Yarborough Park and Councilwoman Cherveny's comments on public safety. He commented on his first experience with the budget process and the information he had gained from that experience. He also commented on the concerns with Grand Avenue and the Lake and stressed the importance of working within the system. He further commented that he does not appreciate the insults against the Council and staff in the local media. He suggested that the Rodeo Committee and the Chamber of Commerce should begin working to resolve the conflict which has been occurring. He also suggested that the public comments be moved to the beginning of the meeting even if there is a limitation of five at the beginning to be allowed on a first come, first serve basis with the balance at the end of the meeting. He requested that the Engineering Department study the potential for providing turn-outs for school buses. Mayor Pro Tem Dominguez advised that the Graham Street Parking Lot would be completed before the deadline of July 4th. Mayor Washburn thanked the Community for their efforts to assist Christopher Black in his fund-raising efforts to represent the Community in Orlando, Florida. He advised that pursuant to discussions with the City Attorney, the Council need only hear comments on items over which it has jurisdiction or on calendared agenda items, not slanderous comments with no other purpose. He clarified that in the case of Mr. Ewing, the Council does not have jurisdiction over recall efforts. City Attorney Harper further clarified the jurisdiction of the City Council and the limitations of their control . Mayor Washburn further stressed comments for "betterment" of the Community and suggested that attacks on the Community are not appropriate. Mayor Washburn announced that there will be a new program for quarterly town hall meetings and a City Hall Open House, in addition to the new cable television program which King Videocable will be starting. PAGE TWENTY - CITY COUNCIL MINUTES - JUNE 23, 1992 Planning Commission Appointments Mayor Washburn advised that 14 applications were received for the Planning Commission and after interviewing he would recommend Pam Brinley, Richard Bullard and Donald Neff. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPOINT PAM BRINLEY, RICHARD BULLARD AND DONALD NEFF TO FULL PLANNING COMMISSION TERMS EXPIRING IN JUNE, 1996. Mayor Washburn introduced Richard Bullard and advised that the two outgoing Commissioners would be recognized at the next City Council Meeting. THE CITY COUNCIL MEETING WAS RECESSED AT 10:24 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:36 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 10:36 P.M. TO DISCUSS PENDING LITIGATION WITH OUTDOOR MEDIA GROUP. THE CITY COUNCIL MEETING RECONVENED AT 11:35 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:36 P.M. GARY WASHBURN, MAYOR A TEST: CIT LAKE ELSINORE VICKI KASAG, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 14, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: City Manager Molendyk, City Attorney Harper, City Treasurer Pape, City Planner Christen, Community Services Manager Sapp, Engineering Manager O'Donnell , Special Projects Coordinator Basham and City Clerk Kasad. PRESENTATIONS CEREMONIALS A. Presentation _ Riverside County Centennial Commission. (F: 140. 1) Jeanie Corral , representing the Centennial Commission, commented on the upcoming Centennial events and presented the City Council members with Centennial Pins. She also thanked the City Council for assisting the School District with an area to house the school buses until a District Facility was available. She advised that the new facility would be dedicated on July 27, 1992 at 10:30 a.m. , and invited the Community to attend. B. Presentation - Realty Center ` Everett Manfredi & Don Summers. (F:56.1) Mayor Washburn called Everett Manfredi and Don Summers to the podium. He advised the Community that these gentlemen had contributed their sales commission from the City purchase of the Methodist Church for future improvements at the Church building. He presented them each with a Certificate of Appreciation acknowledging their contribution and presented them jointly as Realty Center with a City Tile Plaque. C. Proclamation = Jess Rodriguez = Rodriguez Disposal . (F: 122. 1) Mayor Washburn read and presented a Proclamation to Jess Rodriguez recognizing his years' of service to the Community. He commented that Mr. Rodriguez's business had grown over the years to accommodate the continued growth of the Community and commended him for his service. PUBLIC COMMENTS = AGENDIZED ITEMS Mayor Washburn advised that he had received requests to address item numbers 53 and 54 of this agenda, and they would be considered at that time. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4. PAGE TWO - CITY COUNCIL MINUTES - JULY 14, 1992 MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. I . The following Minutes were approved: a. Regular City Council Meeting - June 23, 1992. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - June 3, 1992. (F:60.3) c. Planning Commisiion Meeting - June 17, 1992. (F:60.3) 2. Received and ordered filed the Building Activity Report for June, 1992. (F:32.2) 3. Received and ordered filed the. Code Enforcement Activity Report for June,- 1992. (F:54. 1) 5. Ratified Warrant List for June 30, 1992. (F: 12.3) 6. Rejected and referred to Claims Administrator the Claim submitted by Associates National Mortgage Company (CL #92-17) . (F:52.2) 7. Adopted Resolution No. 92-48 setting Appropriation Limits for Fiscal Year 1992-93 (Proposition 4) . (F:30.1) RESOLUTION NO. 92-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1992-93 CONSISTENT WITH ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY OF INFORMATION SUPPORTING SAID DETERMINATIONS. 8. Adopted Resolution Nos. 92-49 and 92-50 Confirming Fiscal Year 1992-93 Special Taxes in Community Facilities District 91-2 (Summerhiil Public Improvements) and Community Facilities District 88-3 (West Lake Elsinore Public Improvements) . (F:22.3) RESOLUTION NO. 92-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE. COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT 91-2 - SUMMERHILL PUBLIC IMPROVEMENTS) . RESOLUTION NO. 92-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT 88-3 - WEST LAKE ELSINORE PUBLIC IMPROVEMENTS) . 9. Adopted Resolution No. 92-51 establishing Parking Restrictions on Casino Drive. (F:112. 1) RESOLUTION NO. 92-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS (CASINO DRIVE) . 10. Adopted Resolution No. 92-52 Establishing Various Stop Control Intersections on High Street. (F:162.2) RESOLUTION NO. 92-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS (HIGH STREET) . PAGE THREE - CITY COUNCIL MINUTES - JULY 14, 1992 11. Awarded Contract for Country Club Heights Trunk Sewer in Community Facilities District 88-3 to Riverside Pipeline Company in the amount of $683,000. (F:22.3) 12. Approved Change Order No. 3 for the 16" Rice Canyon Water Transmission Main for Riverside Pipeline, Inc. (F:22.3) 13. Approved Change Order Nos. 1 & 2 for Railroad Canyon Road Traffic Signals and Street Improvements, for DBX, Inc. (F: 162.4) 14. Accepted Notice of Completion for Traffic Signals and Street Improvements on Railroad Canyon Road, for DBX Construction. (F:162.4) 15. Authorized Purchase of Roadway Right-of-Way - Cramer Property for the Lakeshore Drive/Robb Road Intersection and authorized completion of appropriate documentation. (F:156.2) 16. Approved Public Hearing Date of July 28, 1992 for the following: a. Recovery of Costs - Nuisance Abatement - 998 Parkway - AP #373-185-034-8. (F:32.4) b. Recovery of Costs - Nuisance Abatement - 835 Robin Drive - AP #379-174-001-6. (F:32.4) c. Recovery of Costs - Nuisance Abatement - 166 North Terra Cotta - AP #389-343-037-4. (F:32.4) ITEM PULLED FROM CONSENT CALENDAR 4. Structure Abatement Activity Report = June, 199Z. (F:32.4). Councilman Alongi requested updates of the following buildings which are currently under abatement and City Manager Molendyk provided information as follows: 244 E. Heald Street - Landlord has been contacted; Asbestos Report has been received and progress is ongoing. 125 E. Heald Street - Owner has discussed removing the structures himself; currently awaiting his response as to who will remove. 790 Lake Street (which has been vandalized and is currently open) Contractor has done walk-thru. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT REPORT FOR JUNE, 1992. Mayor Washburn commented on the increasing success of the Structure Abatement Program and- the Graffiti Removal Program. BUSINESS ITEMS 51. Extension of Time for Tentative Tract Map No. 19344 = 1.� W Asset Management, Inc./Douglas P. Wilson Receiver Serenity Tract. (F: 160.2) City Manager Molendyk explained this item and the staff recommendation to grant the extension of time. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENVTO GRANT THE ONE YEAR EXTENSION OF TIME BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. PAGE FOUR - CITY COUNCIL MINUTES - JULY 14, 1992 FINDINGS 1. Substantial costs associated with the project flood control channel improvement plans have been incurred by the applicant and the Applicant has provided staff evidence that they have had an on-going effort to complete processing the flood control plans through the County Flood Control District. 2. Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare. 3. The project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. CONDITIONS OF APPROVAL 1 . Extension of time for Tentative Tract Map No. 19344 will expire on June 26, 1993, unless an additional extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and Title 16 of the Lake Elsinore Municipal Code. 2. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, title 16 unless modified by the Conditions of Approval 3. Approval contingent upon certification by City Council of the Focused Environmental Impact Report. 4. Approval contingent upon approval of annexation request by the Local Agency Formation Commission (LAFCO) . 5. A finding of conformity to the adopted General Plan. 6. Applicant shall record CC & R's for the Tract prohibiting on-street storage of boats, motorhomes, trailers, and trucks over one-Oton capacity and roof-mounted, or front-mounted microwave antennas. 7. Meet all City Codes and Ordinances. 8. Applicant shall meet all requirements of Ordinnce No. 572. 9. Applicant shall enter into an agreement with the Lake Elsinore Unified School District to off-set overcrowding. 10. All trees planted along streetscape must be a minimum of fifteen (15) gallon size. 11 . Applicant shall submit to the Planning division and Engineering Department a map showing all eight (8) phases of development. 12. Trailers utilized during the construction phase shall be approved by the Planning Division. 13. Applicant will utilize the highest Uniform Building Code values pertinent to seismic structural design, as per Senior Building Official and/or ICBO recommendations. 14. Applicant shall submit plans/specifications for six-foot (6) decorative block wall along project perimeters to Planning/Engineering Departments for review, as per map item number 23. This item is subject to review and final approval by the Design Review Board. 15. Meet County Fire Department requirements for fire protection. PAGE FIVE - CITY COUNCIL MINUTES - JULY 14, 1992 16. Meet County Health Department requirements. 17. Meet Regional Water Quality Control Board requirements. 18. Applicant shall submit design elevations to the Design Review Board for approval . 19. Participate in City-wide entry-signage parogram. 20. All signage must be under permit. 21 . All park and recreational facilities must be improved to standards and specifications of Recreation and Park Distgrict and/or City Council . 22. Provide transit facilities (i .e. , covered bus stops) within said project as deemed appplicable by Chairman of Lake Elsinore Transit System. 23. Participate in Landscaping and Lighting District. 24. All slopes must be planted with erosion control vegetation to be approved by the Planning Division. 25. Require developer to dedicate five (5) acres for park usage and improve 2.7 acres of the five (5) acres. Improvements and location within the thirteen (13) acres, which is not park site, to be dedicated as a buffer zone. 26. The entry to be as proposed by the developer, a small monument. 27. Delete lots 305, 306, 307, 308, 309, 192, 193, 194, and 181, for creation of a buffer zone between the development and the airport. 28. Include a clause notifying buyers within the Tract of the development's proximity. to an airport, to be recorded on each lot. 29. Dedicate twenty (20) additional feet of right-of-way along Corydon Road. 30. Construct asphalt paving to City Standards from centerline to lip of gutter on Corydon Road. Tests must be provided to show that existing paving is to the City Standards and will support the traffic load represented by the City Engineer's traffic index. Obtain Riverside County permits as required. 31. Construct curb, gutter and paving on all proposed streets to the specifications of the City Engineer. 32. Street plans and specifications to be prepared by a registered Civil Engineer and will include signing and striping. As-built street, grading, utility and drainage improvement plans are required. 33. Consent to sign an agreement to pay Traffic Safety Mitigation fee for future traffic signalization in the amount of $225.00 per lot or provide cash bond to guarantee construction of one signalized intersection upon demand by the City on Corydon Road at either Palomar Street or Grand Avenue. Provide services of a traffic engineer to study the need of a signalized intersection at Corydon Road and Palomar Street 34. Install six-foot (61 ) sidewalk adjacent to all curbs and gutters except ,eight-foot (8' ) width along the commercial frontage. 35. Construct curb, gutter, sidewalk and one-half street paving to ten feet (10') past centerline. for the extension of Palomar Street to Corydon PAGE SIX - CITY COUNCIL MINUTES - JULY 14, 1992 Road. City will assist developer in acquiring right-of-way by corresponding with the property owner. Developer must dedicate required right-of-way. The City is to assist the developer in acquiring the right-of-way. If the City and the developer are able to obtain this particular right-of-way, then the developer should ,at the development stage of other property, be responsible for his half of Palomar Street, as provided in the subdivision Map Act and to conform with same. 36. Public improvements to conform with City Code requirements and City approved Riverside county Standard Drawings and Specifications. 37. Centerline of Union Street must align with centerline of existing Union Street southeast of Corydon Road. 38. All local streets which are not terminated in- cul -de-sacs shall have 60-foot right-of-way with 40-foot wide curb-to=curb roadway. Cut -de-sac streets to be 56-foot right-of-way, with a thirty-six-foot (36' ) curb-to-curb roadway. 39. Provide Class II or equivalent bike lane on Corydon Road as approved by the City Engineer. 40. Provide bus turnout and bus shelter on Corydon Road as approved by the City Engineer and Lake Elsionre Transit System. 41. All grading must conform to City Ordinance No. 636 and the Uniform Building Code, Chapter 70. Erosion control planting and irrigation must be approved by the City Engineer. 42. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with preliminary and finish grade certification. 43. Street trees shall be provided, type, size and placement shall be approved by the City Engineer. 44. Provide grading plan prepared by a registered Civil Engineer. All property lines shall be at the top of the construction slopes with the required Uniform Building Code setback requirements. 45. The northwesterly corner of this proposed Tract 19344 is below elevation 12701 , the lowest corner being elevation 1261' . Earth fill up to as high as 1276' is being proposed in this northwest corner of the tract to provide recreation and publci facilities. City Ordinance No. 603 states in Section 2.3-1 (3) : "Review all development permits to determine whether the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this ordinance, "adverse affects" means that the cumulative effect of the proppsed development, when combined with all other existing and anticipated development will not increase the water surface elevation of base flood more than one-foot at any point in the City of Lake Elsinore flood plain. " Paved parking ares and other minor structures associated with recreation facilities are proposed below elevation 1270. City Ordiannce No. 711 states in Section three: "No person, firm or corporation shall construct any new non-residential structure within the City of Lake Elsinore with the foundation or basement lower than the elevation of 1270' mean sea level within the perimeter streets of Lake Elsinore consisting of Grand Avenue, Riverside Drive, Mission Trail and Corydon Road, except as specifically permitted by the City Council on a case-by-case review. " PAGE SEVEN - CITY COUNCIL MINUTES - JULY 14, 1992 Planning Commision and City Council must interpret the proposals shown on this Tentative Tract with consideration of these ordinance requirements and make appropriate findings. 46. The hill or rise near the center of this site is proposed to be removed and involves a maximum cut of fity-nine (59) to sixty (60) feet. The grading Ordinance Number 636 states in Section Two (A) : "This ordinance shall provide for the preservation of the natural scenic character of the land, consistent with reasonable economic enjoyment of such property. " The Planning Commission and City Council must make a finding that this proposed land devleopment is consistent with the Ordinance requirements and changing of the topography is necessary, because of the unusual character ofthis site and necessary for the property owner to enjoy a substantial property rights. 47. Install ornamental street lighting as approved by the City Engineer. 48. Comply with the requiremenns of Riverside County Flood Control Report, dated July 2, 1984, and additional or alternative requirements of the City Engineer and the City Code. the City Engineer shall judge as to interpretation and application of flood control recommendations. 49. Submit hydrology and hydraulic studies, necessary master planning and detailed plans and profiles of the proposed flood control facilities to Riverside county Flood Control District and to the City Engineer for review and approval prior to Final Map recordation. Provide drainage easements as required by the City Engineer. 50. Construct box culvert(s) under Corydon Road and Union Street with inlet facility to the satisfaction of Riverside County Flood Control , and the City Engineer. 51 . All major drainage facilities in this Tract shall be constructed to Riverside county Flood Control District standards and agreement entered into with the District for construction, ownership and maintenannce. 52. Provide for a drianage ditch and/or a retaining wall , along the southwest boundary of this Tract, of a decorative nature as approved by the City Engineer for added flood protection. The drainage channel slong the southwest boundary of this Tract shall be provided with a ten-foot (10') top width maintenance road. An irrevocable offer of dedication of an easement shall be given by developer for this drainage facility. City will not accept the easement, but will leave underlying ownership and maintenance responsibility with the individual home owner. 53. Comply with the requirements of Elsinore Valley Municipal Water District, County. Health Department and California Regional Water Quality Control Board for sewage disposal . Provide letter from Elsinore Valley Municipal Water district pertaining to agreement regarding sewage disposal construction. 54. Developer to hook-up to regional sewer system. Install cleanouts behind the sidewalk on all sewer laterals as required by the City and/or Elsinore Valley Municipal Water District. Developer acknowledges that sewer lateral maintenance from the sewer main in the street to the property line is homeowner or Elsinore Valley Municipal Water District's responsibility. No occupancy will be granted until sewer service is available from Elsinore Valley Municipal Water `District regional sewerage collection and treatment. 55. Provide a will -serve letter guaranteeing water service from Elsinore Valley Municipal Water District. PAGE EIGHT - CITY COUNCIL MINUTES - JULY 14, 1992 56. Dedicate underground water rights and future water site to the City`or its assignee. 57. Pay all applicable Capital Improvement Fund fees per Ordinance No. 572. 58. Pay all sewer fees as required by Elsinore Valley Municipal Water District. 59. Pay all Public Safety fees (police and fire) per Resolution No. 83-87. 60. Pay all School fees. 61 . Prior to Fianl Map recordation, a subdivision agreement shall be entered into with the developer(s) , owner(s) and the City. 62. Final Map shall show the following items with a prominent note: a) All geologic fault lines. b) 200-Year and 500-Year Flood Plain. c) Areas subject to flood hazards. 63. Provide Tract Phasing Plan for City Engineer's approval . Bond public improvements for each phase, as approved by the City Engineer. 64. Record a Notice of 100-Year Flood Hazard and waiver of City liability. 65. Applicant will contribute pro rata share toward fire fighting facilities serving the southeastern end of the City. Amount not to exceed twenty-five thousand dollars ($25,000) . 66. Applicant to agree to join Assessment District for the San Jacinto Bridge. 67. A. A district to be formed under the Lighitng and Landscaping Act of 1982 (commencing with Section 22500 of the Streets and Highways Code) to pay for the annual cost of lighting, landscaping and parks which benefit the Project, by the annual levy and collection of an assessment within the Project area. B. A Community Facilities District to be formed under the Mello Roos Community Facilities Act of 1982 (commencing with Section 53311 of the Government Code) to pay for the cost of fire, police and storm water protection services, by the annual levy and collection of a special tax within the project area. The developer agrees to waive any right of protests under the Lighting and Landscaping Act of 1982. Furthermore, the developer agrees to vote affirmatively on the ballot proposition to be submitted at the special election incident to proceedings under the Mello Roos Community Facilities Act of 1982. 68. Developer shall complete construction of the 4.85 acre park site which includes the 2.7 acre active park and have it ready for pre-maintenance acceptance by the Director of Community Servies concurrent with the first Certificate of Occupancy, excluding the model complex, for the next constructed phase. Provided the City has funds, Developer shall share the cost and participate in the installation of turf hydroseeding and permanent irrigation of the remaining approximate 7.0 acre park site; otherwise, Developer shall install erosion control measures on-site in accordance with the previous parks agreement. 69. All improvements plans and tract shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are PAGE NINE - CITY COUNCIL MINUTES - JULY 14, 1992 compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing. 70. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 71 . Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 72. Tract building and grading permit phasing shall be in accordance with agreed upon sequence of development activities signed August 1, 1988. 73. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Plannned drainage facilities construction. 74. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval . Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 75. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutants Discharge System Permit prior to issuance of grading permits. 76. Applicant shall bond for the cost of the storm drain system for Corydon Street to the northwest boundary of Tract 19344-3 as part of the first phase of future development. 52. Extension of Time Requests for Tentative Tract Maps 25.074, 25075, 25076, 25077, 25078. 25079, 25 880 and 24383 - Homestead Land Development Company. (F:160.2) City Manager Molendyk detailed this request. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO GRANT THE ONE YEAR EXTENSION OF TIME BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. The project will not have a significant impact on the environment. 2. The proposed project complies with the zoning standards for the M-1 and C-M district. 3. The proposal meets the City's subdivision standards. 4. The proposed subdivision will be consistent with the General Plan Land Use designation for this site. 5. The proposed subdivision is consistent with the Findings established within the State Subdivision Map Act requirements. PLANNING DEPARTMENT CONDITIONS NOTE: THE FOLLOWING CONDITIONS APPLY TO ALL EIGHT TENTATIVE TRACT MAPS EXCEPT AS OTHERWISE ANNOTATED BEFORE EACH APPLICABLE CONDITION AS FOLLOWS: (74) applicable only to TT 25074 (75) applicable only to TT 25075 (76) applicable only to TT 25076 (77) applicable only to TT 25077 (78) applicable only to TT 25078 (79) applicable only to TT 25079 (80) applicable only to TT 25080 (83) applicable only to TT 24383 PAGE TEN - CITY COUNCIL MINUTES - JULY 14, 1992 1. Tentative Tract Maps 25074, 25075, 25076, 25077, 25080 and 24383 shall expire two (2) years from date of approval unless extended pursuant to State and Local Law or recordation of final map occurs. 2. Applicant shall comply with development standards as outlined in the appproved Specific Plan. 3. Final plotting and architectural drawings shall require minor design review as required by the Tuscany Hills Specific Plan. 4. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motorhomes, trailers, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Devellopment Director prior to recordation of final map. 5. All signage shall be consistent with the Sign Program contained in the Specific Plan. 6. The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Specific Plan. 7. Street names for all streets within the Tentative Map shall be approved by the Community Development Director. (75)8. "H" Street shall be re-evaluated along with "A" Street in TT 25077 in order to improve access off Summerhill Drive. Redesign shall be approved by Engineering Department if design proves to be more feasible. (77)9. "A" Street shall be re-evluated to provide possible access somewhere between Lots 164 and 167. Redesign shall be approved by City Engineering Department. 10. Prior to the issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 11. Fence locations and walls indicated on a grading plan and consistent with the Specific Plan shall be approved by the Communiity Development Director prior to the release of the first Certificate of Occupancy. 12. Grading and construction plans shall incorporate erosion control measures as required by the Chief Building Official . 13. Improvement Plans, including sewer, water and drainage shall be approved prior to the Final Map Approval . 14. Grading plans for this subdivision shall comply with the grading objectives and guidelines established in the Specific Plan. 15. All Public Works required shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 16. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 15, Chapter 16.34; Resolution No. 85-26) . 17. Submit a letter of verification "will -serve" letter to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to final map approval . 18. Construct all required off-site public works improvements per approved PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 14, 1992 plans (Municipal Code, Title 12) ; plans must be approved and signed by the City Engineer prior to final map approval . 19. Intersecting streets on the inside radius. of a curve will only be permitted when adequate sign distance is verified by a registered engineer. 20. Pay all fees and meet requirements of encroachment permit issued by the Engineering Departmnt for construction of public works off=site improvements (Municipal Code, Tiile 12, Chapter 12.08 and Resolution No. 83-78) . 21 . Provide street lighting and indicate on street improvement plans as required by the City Engineer. 22. Annex to the City Landscaping and Street Lighting Distirct. 23. Prior to the recordation of the final tract map, all public improvements shall be designed and constructed or bonded for in accordance with plans and specifications meeting the approval of the City Enginerr and the Chief Building Official as amended by the Specific Plan. 24. All local interior double loaded streets shall be fifty foot (501) right-of-way with thirty-six foot (361) curb-to-curb. Restricted single-loaded local streets shall not be less than forty foot (401 ) right-of-way with twenty-eight foot (28') curb-to-curb. 25. A complete hydrology and hydraulic report shall be submitted and approved by the City Engineer prior to Final Map approval . 26. The storm drain system shall be designed to mitigate urban pollutants from discharge into Canyon Lake and San Jacinto River as amended by the Specific Plan. 27. Any natural drainage diverted or concentrated onto adjacent property will require a letter of drainage acceptance form the affected property owner. 28. No single-family lots shall front or access to collector streets or higher volume streets. 29. Designated natural open space lots shall be offered for dedication to the City and maintained to prevent any public hazard until such offer is accepted. Operation and maintenance of open spece shall be provided through the City of Lake Elsinore Landscape and Lighting Maintenance District or a similar entity. The City may require that an appropriate strip of land along the boundary of residential lots (consistent with the Fire Management Program set forth in the Specific Plan) be maintained by a homeowner's association. Access for maintenance to be approved by the City Engineer prior to recordation. 30. All compaction reports, grade certifications, monuments certifications (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submittted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. (78)31 . "A" Street from "B" to "C" Street shall be increased to fifty feet (50' ) . BUILDING/SAFETY DEPARTMENT (75)32. Construction Phasing Plan will be submitted to Chief Building Official (77) and approved prior to the issuance of building permits within (79) references tentative tract maps. PAGE TWELVE - CITY COUNCIL MINUTES - JULY 14, 1992 33. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 34. Prior to the issuance of building permits a landscape and irrigation plan shall be submitted and approved by the City. The plans shall be subject to the guidelines identified in the Specific Plan and Design Guidelines for Tuscany Hills. 35. Applicant shall meet all requirements of the Riversdie County Fire Deparment for fire protection as determined by the Community Development Director. 36. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 37. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official . 38. All buildings shall be constructed with fire retardant roofing materials as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "A" rating and shall be approved by the Chief Building Official prior to installation. 39. Submit a schedule of public works improvements based upon the timing of occupancy of the tract prior to final map approval . (74)40. Residential lots of less than 5,000 square feet shall be subject to the approval of the Planning Commission. (79)41 . The "C" Street intersection with Greenwald Avenue should be re-evaluated and submitted for approval by the Community Development Director prior to the recordation of Tract 25079. 42. All improvement plans shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with the City's ARC/Info GIS system or the developer shall pay $1,000 per sheet for City digitizing. 43. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval . Prior to any grading the applicant shall obtain a grading permit and post appropriate security. 44. Prior to issuance of grading or building permits, the owner shall provide the City with proof of filing a Notice of Intent with the Regional Water Quality Control Board for a National Pollutant Discharge System Permit. 45. Developer shall provide the City with proof No Parking and Street Sweeping Signs for streets within the tracts or pay a fee for installation by the City. 46. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 53. Parking Restriction on Main Street - Resolution No. 92-53. (F:112. 1) City Manager Molendyk gave an overview of this project and stated that since the parking lot downtown has been completed parking availability in the downtown area is no longer a problem. He further explained that should the need arise due to downtown growth and development the two hour limitation can be reinstated. The following persons had requested to speak on this item. PAGE THIRTEEN - CITY COUNCIL MINUTES - OULY 14, 1992 Mr. Rick Warner, President of the Downtown Business Association, 114 S. Main Street, Ste. D, presented a letter from the Downtown Business Association asking that the two hour parking restriction remain in force and be enforced by the City. The letter commended the City on the new parking lots and the three block renovation on Main Street, but stated that they wished to retain the two hour parking restriction to keep the area open for customers. Rick Zweifel , Antique Emporium, presented a petition to City Council asking that the two hour parking restriction remain in effect on Main Street. He advised that of thirty-five shops in operation, twenty-eight signed the petition, representing 80% of the shop owners. Dolores Mayhall , 138 N. Main Street, identified the business owners who park on Main Street from 9:00 a.m. to 5:00 p.m. and stated that there is parking behind their businesses or in public parking lots. She further stated that eliminating the two hour parking restriction on Main Street this will open it up for business owners to use the public parking spaces which should be used by customers. Tom Hundshamer, 109 S. Main Street, Orange Credit Service, stated that his business employs eighteen to twenty personnel and that if all the business owners and employees parked on Main Street there would be no room for customers. He encouraged the Council to retain the two hour parking restriction and opposed Resolution 92-53. Councilman Dominguez explained that originally the two hour parking restriction was established until the redevelopment of Main Street and the parking lots were completed and now that those projects are complete it is up to Council to make the decision in regard to the two hour parking restriction. Councilman Alongi stated that he would like to see an amendment to the Resolution 92-53 to have the two hour parking restriction remain on Main Street from Prospect down to Heald and from the alley on Graham down to Spring; Peck Street can be removed because of the new parking lot. He further explained that this would make two hour parking on Main Street and Graham Ave. where the business is to keep it open for customers and remove all the other restrictions. Councilman Winkler asked if there was a two hour parking restriction prior to the redevelopment of Main Street. Councilman Alongi explained that there was a two hour parking restriction on Main Street prior to the redevelopment of Main Street due to the lack of parking facilities. Councilman Winkler stated that the reason for the two hour parking restriction on Main Street was due to a lack of parking facilities which has now been resolved. Councilman Alongi explained that the purpose of parking on Main Street is to make it convenient for people to shop on Main Street. If the customer has to drive around or walk several blocks they will go elsewhere. He further explained that the parking lots were for employee use and the intent was to leave the other parking places on Main Street open for customers. Councilman Winkler stated that the businesses should encourage their employees to park in the parking lots instead of on the street. MOVED BY ALONGI TO AMEND RESOLUTION NO. 92-53 TO RETAIN TWO HOUR PARKING RESTRICTIONS ON MAIN STREET FROM PROSPECT TO HEALD AND ON EAST GRAHAM STREET (AT THE LOCATION OF THE ALLEY) TO WEST GRAHAM STREET AND SPRING. MOTION DIED FOR LACK OF A SECOND. i PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 14, 1992 There was general discussion in regard to parking and if it is found that parking limits are necessary this item can be brought back to Council for further consideration and decision. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO I. WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSENT TO ADOPT RESOLUTION 92-53 RESCINDING RESOLUTION 87-38 REGARDING CERTAIN PARKING LIMITS ON MAIN STREET, PECK STREET, GRAHAM AVENUE AND THE CITY HALL EMPLOYEES PARKING LOT, AS FOLLOWS: RESOLUTION NO. 92-53 A RESOLUTION OF THE CITY COUNCIL OF THE ICTY OF LAKE ELSINORE RESCINDING PARKING RESTRICTIONS ON CERTAIN STREETS AND PUBLIC PARKING LOTS. 54. Special Events Permit Process -' First Reading Revised Ordinance No. 934. (F: 151 . 1) City Manager Molendyk explained that had reviewed this item previously and sent it back to staff for further research and review in order to streamline the process. The following person had requested to speak on this matter. Al Ewing, 114 112 N. Poe Street, explained that he felt that the requirements for a Special Event Permit were unrealistic and encouraged Council to change them, particularly with regard to insurance coverage. Councilman Alongi explained that he had met with the City Manager and had discussed several changes, one of which was the problem with insurance which is addressed in Section 5.73.080 #2, second paragraph. Councilman Alongi explained the other changes discussed as follows: Section 5.73.040 Application for Special Events; Dance Permits A. An application for a permit for a special event shall be filed with the Community Services Director not less than sixty (GO) days nor more than ninety (90) days before the date proposed for holding a special event. Such application shall be signed by the applicant or the applicant's authorized agent and shall be accompanied by a non-refundable processing fee to the City of Lake Elsinore in the amount established in Section 5.73. A preliminary review can be done by the Community Services Director at no cost to the applicant and if the Community Services Director disapproves the event in a preliminary review, and the applicant wishes to appeal the item to City Council , a fee will be levied and will not be refundable. G. The number and amplifying range of any sound amplifying system to be used in connection with the event (per Lake Elsinore Municipal Code Section 17.78 - Noise Control ). City Attorney Harper explained Section 5.73.080 - Surety and Insurance and clarified the Hold Harmless Agreement. He further explained that if someone wishes to disagree with the Special Events Committee they have the right to appeal to City Council . Councilman Alongi stated that he would like it placed on record that he is opposed to staff making decisions in regard to insurance and felt that this should be a decision made by the City Council . Mayor Washburn explained that the whole purpose of this ordinance is to make it easier for the public to acquire a Special Events Permit. He further explained that by having staff handle the items will expedite the matter and make it easier for the public to get through the system. Councilman Alongi stated that the City Manager should have the authority to PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 14, 1992 make decisions and this should not be delegated to other staff. City Manager Molendyk explained that the insurance requirements is set at a million dollars due to the requirements of the Joint Powers Insurance Authority to protect the City. If the activity is co-sponsored by the City the issue of insurance does not apply. City Attorney Harper addressed church related activities. He explained difficulty in co-sponsoring events because of requirements for separation of Church and State. He further explained that there are some events that the City cannot co-sponsor for philosophical , political or religious reasons that may not fit into a category that a million dollars insurance is appropriate and that is why 5.73.080 second paragraph was written. Councilman Alongi requested that 5.73.070 - Reconsideration of an Application second paragraph be changed to read as follows: Within seven (7) calendar days of the filing of a request for reconsideration, the City Manager or Assistant City Manager shall conduct such inquiry, investigation, or review as he, in his discretion, deems appropriate and proper under the circumstances and shall affirm, reverse, or modify the Committee's decision. Councilman Alongi also requested that the second paragraph of 5.37.080 Section 2 be deleted and in 5.73.090 Section C that 30 days be changed to 60 days. Councilman Alongi suggested that 5.73. 100 - Termination or Restriction of a Special Event read as follows: The City Manager or Assistant City Manager may immediately terminate or restrict the conduct of a special event if he determines that the public health or safety is in imminent danger because of real or threatened disaster, public calamity, riot, or other emergency. MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 934 WITH AMENDMENTS: ORDINANCE NO. 934 AN ORDINANCE OF THE CITY OF LAKE ELSINORE ESTABLISHING A SPECIAL EVENTS PERMIT PROCESS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 55. Second Rea. ding - Ordinance No. 932. (F:22.3) MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 932: ORDINANCE NO. 932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, LEVYING SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 90-3 (NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS) . UPON THE FOLLOWING ROLL CALL VOTE: PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 14, 1992 AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN ` NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS :: NON-AGENDIZED ITEMS City Attorney Harper commented on the Brown Act and indicated that the City Council is required to hear only matters within its jurisdiction. He stressed that matters relating to recall and its proponents are really not within the jurisdiction of the City Council , however, the Council may choose to hear comments from any one. Mayor Washburn commented that as the Chairman he is empowered to maintain the decorum of City Council Meetings. He stressed that slander, accusations and attacks on staff are not appropriate subject matter. Peter Dawson, 18010 Grand Avenue, commented on his request at the last City Council Meeting that the Mayor attend homeowners association meetings in Lakeland Village and provide updates on the future of the Lake. He advised that Mayor Washburn had attended those meetings and he thanked him for his time and courtesy. He also commented on a request to State Parks to allow them launching rights on the Lake. Margaret Downie, 15992 Grand Avenue, representing Landowners Mutual Company, also thanked the Mayor for attending the meetings and enlightening the residents on the Lake. Frank Robie, Jr. , commented on neighborhoods and challenged the Community to work to improve the world. He also commented on local crime and suggested that the residents have the ability to stop it. He stressed the need to enforce existing laws. Suzanne Walker, 16509 Joy Street, advised that she was representing a group of concerned citizens on the North end of the Lake. She expressed concern with the ongoing gang and crime problems in her area and suggested that implementation and enforcement of curfew, more police officers and increased youth activities are needed to curtail the existing problems. Mayor Washburn suggested that Mrs. Walker contact Captain Daniels to address specific problems and formation of a Neighborhood Watch program for this neighborhood. Councilman Winkler suggested that the Council Public Safety Committee might want to contact Mrs. Walker for input. Al Ewing, 114 1/2 Poe Street, commented on the City and his desire to take responsibility for it. He expressed concern with Lake Management, poor relations between business people on Main Street and the "non-existant" recognition of civil rights. He requested that Mayor Washburn step down from office and requested that the Community consider whether the other Councilmembers should also step down. He suggested that the Council defend themselves and their actions which have been questioned. Thomas Inglis, 32995 Oleander Avenue, commented on crime, graffiti and law enforcement response times. He also commented on the Mayor's attendance at the homeowners association meetings in Lakeland Village. He indicated that the Mayor should apologize because Mr. Inglis was asked to leave that meeting by someone in the Mayor's presence. Mayor Washburn clarified that Mr. Inglis is a resident of the County and the problems addressed are in the County area, and suggested that Mr. Inglis speak with Captain Daniels. Penny Baker, representing C.L.E.A.N. , commented on the last City Council Meeting and provided a definition of "RECALL She also read a prepared statement relating to prior City Council Meetings and comments which have occurred in relation to the proposed recall and violations of Mr. Ewing's civil PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 14, 1992 rights. Chris Hyland, 15191 Wavecrest Drive, read the first amendment to the Constitution relating to freedom of speech, press, etc. and related State Constitution sections. She advised that she has been in contact with an attorney in Sacramento. She indicated that the citizens of this Community should be appalled at the removal of a speaker at the last meeting. She suggested that the City Council reassess its attitudes at City Council Meetings. Edith Stafford, 54 Elm Street, stressed the importance of the City Attorney keeping Council informed of the full rights of the public to address City Council . She suggested that the Brown Act is only the beginnning of the requirements on City Council . She further suggested that the Mayor was wrong in his handling of Mr. Ewing, and indicated that the Mayor, City Attorney and law enforcement could be held liable for this action. She commented that she felt the Mayor had taken it upon himself to decide what the people should know. She detailed conversations with an attorney in Sacramento and insisted upon being kept informed. City Attorney Harper clarified that there are no absolute rights for any one to speak on any subject. He commented on the State Legislature and the prohibition against the public addressing them. CITY MANAGER COMMENTS City Manager Molendyk thanked staff for their work on the July 4th program. CITY COUNCIL COMMENTS Mayor Pro Tem Dominguez advised that he has received a number of positive comments on the July 4th festivities. Councilman Winkler agreed that the July 4th program had gone very well . He commented that he was glad to see the Mayor meeting with the County residents and offered his support for future discussions. Councilman Winkler expressed concern with the Main Street issue considered this evening and encouraged business owners to work with their employees to have them park in the lots and allow room for customers. He suggested that this situation can be reviewed at a later date and corrected if necessary. He thanked the Downtown Business Association for its positive comments on the Main Street Improvements. Councilman Alongi stressed his concerns with Main Street parking and hoped that it could be changed at a later date. He commented on the recent discussions of pot bellied pigs and advised that a Committee meeting was held and they are working to resolve this complex issue; he apologized for the delay in resolving this matter. Councilman Alongi advised that he and Mayor Pro Tem Dominguez had driven around the Community and addressed streets which are in need of repairs and requested further input from residents who see a need for additional work. He thanked the Staff for the July 4th Celebration and thanked the Sheriff and the Security for keeping it running smoothly. Mayor Washburn thanked the staff for the July 4th event and commented that he has received calls that it was an outstanding event and residents as well as visitors enjoyed it very much. He also commented that the Car Show was an excellant event. He commented on his meeting and his hope that he could build the City's credibility and allow for cooperation between the City and County. He advised that he would be appointing a Lake Advisory Committee of seven members soon to address the future of the Lake and the pending transfer. He also advised that he would be announcing a schedule of Town Hall Meetings. City Attorney Harper advised that a Closed Session was needed to update Council on litigation with Kunz Company and Gurrolla, as well as potential litigation. THE CITY COUNCIL MEETING WAS RECESSED AT 8:58 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9: 15 P.M. f PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 14, 1992 I CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 9: I5 P.M. TO DISCUSS POTENTIAL LITIGATION AND LITIGATION WITH KUNZ COMPANY AND GURROLLA. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:09 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COU i L MEETING AT 10: I0 P.M. GARY WASHBURN, MAYOR CITY 0 LAKE ELSINORE TTEST: VIC A CIT CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 28, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Christen, Community Services Manager Sapp, Public Services Director Tecca, Special Projects Coordinator Basham, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentations - Outgoing Planning Commissioners. (F:60.2) Mayor Washburn called outgoing Planning Commissioner Albert Wilsey forward and commended him for his service to the Community. He thanked Mr. Wilsey for his committmerit ,to the City's future and presented him with a City Tile Plaque. Mr. Wilsey thanked the Council for the opportunity to serve as a Planning Commissioner and wished his wife a happy 30th anniversary on July 29th. Commissioner Bill Saathoff was not present for presentation. C. Presentations = July 4th Car Show Volunteers. (F: 151 . 1) Mayor Washburn called forward Mr. Gilbert Nieto and Mr. Arthur Golden. He advised that these gentlemen had given much of themselves to make the July 4th Car Show a success. He commented that this year's event had drawn 152 entries, a 60% increase over last year. He commended and thanked them for their work and presented each with a Certificate of Appreciation. Mayor Washburn also read the following list of persons who also assisted with the Car Show: Mr. Rick Warner, DBA President; Steve Seifert; Mike Fellows and Jim Duty. D. Presentation - Senior Citizens Chili Cook-off Chairman. (F:144. 1) Mayor Washburn called Mr. Rick Kunstel forward and commented on the work involved in planning the Chili Cook-off. He thanked Mr. Kunstel for his work on this event and presented him with a Certificate of Appreciation. Mr. Kunstel thanked the City for this recognition and advised that he will also be chairing the event for next year. Stan Palmquist, 1st Vice President, Golden Spectrum, commented on this year's Chili Cook-off and commended Mr. Kunstel for his efforts. He presented Mr. Kunstel with a plaque of recognition on behalf of Golden Spectrum. PAGE TWO - CITY COUNCIL MINUTES - JULY 28, 1992 B. Presentation ` Outgoing Golden Spectrum Chairman. (F: 144.2) Mayor Washburn called Mr. Will Buck forward and commented on his efforts to make Golden Spectrum an asset to the City. He presented him with a Certificate of Appreciation for his efforts since Golden Spectrum's inception. Stan Palmquist, representing Golden Spectrum, commented on Mr. Buck's work with Golden Spectrum since the organization was formed in 1987. He presented Mr. Buck with a plaque of recognition and thanked him for his dedication to the Senior Citizens of the City of Lake Elsinore. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Items 2 and 52 of this agenda. CONSENT CALENDAR Councilman Alongi requested that Item #10 regarding Stop Signs on High Street from the July 14th City Council agenda be placed on this agenda as Item #23. He further commented that he intended to pull this item and refer it to the Public Works Committee for review. The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 3, 6, 8, 10-18, 19, 20, 22.c. and 23. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. Regular City Council Meeting - July 14, 1992. (F:44.4) 4. Adopted Resolution No. 92-54 confirming the Change in City Council Meeting Location as previously approved. (F:44.1) RESOLUTION NO. 92-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE TIME AND PLACE OF REGULAR CITY COUNCIL MEETINGS. 5. Approved Agreement with 888 Development Company for Future Fire Station Site Maintenance. (F:68. 1) 7. Approved Agreement for Reallocation of 16th Year Community Development Block Grant Funds to the Yarborough Park Project. (_F:84.2) (X: 114.8) 9. Awarded Contract for Grand Avenue/Lincoln Street - Landscape and Streetscape in Community Facilities District 88-3 to Lambaren Constructors, Inc. in the amount of $626,359.71 . (F:22.3) 21 . Approved Purchase of Roadway Right-of-way - Torn Ranch Property for Grand Avenue Alignment South of Lakeshore Drive and Robb Road Intersection and authorized execution of appropriate documentation. (F: 132.1) 22. Approved Public Hearing Date of August 11, 1992, for the following: ' a. Tentative Parcel Map 27033 and Zone Change 91-7 - Mola Development Corporation. (F: 110.2) (X:172.2) ITEMS PULLED FROM CONSENT CALENDAR 2. L. E.A.F. Animal Control Activity Report - June, 1992. (F: 18.2) Mayor Washburn advised that he had one request to address this item and PAGE THREE - CITY COUNCIL MINUTES - JULY 28, 1992 invited Mr. Bill Starkey to speak. Bill Starkey, 17360 Ryan Street, thanked Council for the opportunity to speak and advised that he was present as a member of the LEAF Board of Directors, and on behalf of Willa Bagwell . He detailed plans for an International Society for Animal Rights event to be held on August 22nd. He explained that there would be a candlelight vigil to recognize the plight of homeless animals. He further requested that the City Council approve the plans to use City Park and proceed up the sidewalks of Main Street for this event. Councilman Alongi commented on the $3 per animal cost for euthanization and the other uses for this money. He detailed the statistics of animals turned in by owners, impoundments and euthanization and highlighted the reduction in dog bites and impoundments. He stressed the need for the public to be aware ,and help reduce the statistics. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE LEAF ANIMAL CONTROL ACTIVITY REPORT FOR JUNE, 1992. 3. Warrant List = July 15 1992. (F: I2.3) Councilwoman Cherveny commented on the warrants listed to the Keith Company and explained that all of these charges relate to Community Facilities District 88-3. MOVED BY CHERVENY, SECONED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 6. Lease of Building at 108 Library for Office Space. (F:68. 1) Councilman Alongi advised that he pulled this item because he does not see specifics regarding the improvements to be made by the tenant and suggested that this be included so the tenant is aware of the requirements. He requested verbiage be included that Mr. Vasquez is aware of the requirements and agrees to them. City Attorney Harper suggested that this item be pulled and return at the next meeting with the building having been inspected. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE NEXT MEETING TO ALLOW FOR INSPECTION OF THE BUILDING. 8. Vending Machines at City Facilities. (F:68. 1) (X:50. 1) Councilman Winkler explained that he had no problem with placing vending machines in buildings, but did have a concern with placing them at parks because of their appearance and the potential for vandalism. Mayor Washburn inquired whether there are adequate power outlets available at the park sites. City Manager Molendyk advised that there is no power at several of the parks, but there had been no master plan to provide for vending machines at the park sites. He further advised that it was his understanding that the intent was to provide vending machines at the Community Center on a trial basis. Councilman Winkler stated that he had no problem with vending machines at City Hall , the Senior Center or the Chamber of Commerce, in addition to the Community Center. Councilman Dominguez stated that he had no problem with vending machines as long as they were in enclosed places in a supervised environment. He also clarified that he felt it should be on a trail basis at the Community Center and then if the City Hall wants to use them, they can request placement of machines there and at other facilities. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO PAGE FOUR - CITY COUNCIL MINUTES - JULY 28, 1992 AUTHORIZE STAFF TO ARRANGE FOR VENDING MACHINES AT THE COMMUNITY CENTER ON A TRIAL BASIS. 10. Change Order No. 1 for the Phase II Trunk Sewers in Machado Street, LeGave Street, Soissons Street, Lincoln Street & Terra Cotta Street - Community Facilities District 88-3. (F:22.3) Councilwoman Cherveny advised that her comments would address items 10 through 18 all at once. She commented on her first meetings and her concerns with change orders and questioned whether the bids are adequately presented. She expressed concern with the adequacy of the bid process. Public Services Director Tecca explained that a portion of these items are Notices of Completion and the change orders are based on a number of factors. He offered Mr. Pete Savello to answer specific questions. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE TO APPROVE CHANGE ORDER NO. I FOR RIVERSIDE PIPELINE, INC. , IN THE AMOUNT OF $95, 161. 11. Change Order No. 2 for Storm Drain Channel . Line "B-1" -(Stage 2I Phase II, Storm Drainage Improvements Community Facilities District 88-3. (F:22.3) MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO I WITH CHERVENY CASTING THE DISSENTING VOTE TO APPROVE CHANGE ORDER NO. 2 FOR BONADIMAN-McCAIN, INC. IN THE AMOUNT OF $1,099.54. 12. Change Order No. 4 for Robb Road Booster Puma Station Improvements on Orange Grove Way - Community Facilities District 88-3. (F:22.3) MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE TO APPROVE CHANGE ORDER NO. 4 FOR S.C. ENGINEERING, IN THE AMOUNT OF $6,352.30. 13. Change Order No. 5 for the AA2 Lift Station on Wisconsin Street - Community Facilities District 88-3. (F:22.3) MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE TO APPROVE CHANGE ORDER NO. 5 FOR P.R. BURKE CORPORATION, IN THE AMOUNT OF $28,722. 19. K. Change Order No. 5 for Storm Drain Lines "C" & "C-1" LGast in Place Concrete tipej Phase I Storm Qrain Improvements - Community Facilities District 88-3. (F:22.3) MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE TO APPROVE CHANGE ORDER NO. 5 FOR FLOYD JOHNSTON CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $42,350.00. 15. Change Order No. 8 for Storm Drain Lines "C" & "C-1" JLre Cast Pi e Onjy Phase I Storm Drainage Improvements and LeGave Street Water Line Relocation z Community Facilities District 88-3. (F:22.3) MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO I WITH CHERVENY CASTING THE DISSENTING VOTE TO APPROVE CHANGE ORDER NO. 8 FOR UTAH PACIFIC CONSTRUCTION COMPANY IN THE AMOUNT OF $37,700.00. 16. Notice of Completion for the 16" Rice Ca_ neon Water Transmission Line, _ Community Facilities District 88-3. (F:22.3) (X:132.1) MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE TO ACCEPT THE NOTICE OF COMPLETION. 17. Notice of Completion for Trunk Sewers Phase T_ A-22 Sewer Lift Station on Wisconsin Street Community Facilities District 88-3. (F:22.3) (X:132.1) MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE TO ACCEPT THE NOTICE OF COMPLETION. PAGE FIVE - CITY COUNCIL MINUTES - JULY 28, 1992 18. Notice of Completion for Storm Drain Line "C" & "C-1" LCast in Place Concrete Eipe I Phase I Storm Drainage Improvements - Community Facilities District 88-3. (F:22.3) (X:132.1) T MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE TO ACCEPT THE NOTICE OF COMPLETION. 19. Notice of Completion for Storm Drain Line "C" & "C-1" Pre-Cast Pipe Only? Phase I Storm Drainage Improvements & the LeGave Street Water Line Relocation Community Facilities District 88-3. (F:22.3) (X:132. 1) City Manager Molendyk advised that work is still pending on this item and it should be pulled from this agenda. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO REMOVE THIS ITEM FROM THE AGENDA. 20. Consolidation of Future City Council Elections. (F:72. 1) City Manager Molendyk explained that a General Municipal Election is held every two years at a cost of approximately $23,000 per election. He further explained that the City Treasurer Pape is proposing that the City reduce the cost by consolidating with another existing election. Mr. Molendyk also explained that most of the other cities in Riverside County have consolidated with other elections and seen considerable savings. City Treasurer Pape explained that he saw this as an opportunity for the City to save money by consolidating with the June election which would extend the current terms of office by six to eight weeks and other than that it would have no impact, but would save the City approximately $12,000 every other year. Councilman Winkler explained although it is a good way to save $12,000, however he is concerned that when an election is combined the voters tend to loose focus. He further explained that an April election focuses on the City related i"ss.ues and the City candidates. He suggested that the persons who vote in the April election are 100% interested in the City and its issues. Councilman Winkler stated that he would prefer to keep the April election to continue to keep the voter focused on the City. Councilman Alongi concurred with Councilman Winkler and explained that as the City grows and develops it will be even more important to focus on City issues. Mayor Washburn stated that he felt that there would not be a notable difference in the focus of the voter. There was general discussion in regard to voter turn-out and interest in issues at the local level versus the state or county issues. Councilman Dominguez advised that the City tried the November eleciton time several years ago and went back to the April election to maintain voter focus. Mayor Washburn stated that consolidation is a good way to save money and that is an issued the Council needs to address and be aware of. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE REPORT REGARDING CONSOLIDATION OF FUTURE CITY COUNCIL ELECTIONS. 22. Set Public Hearing Date of August 11, 1992, for the following: b. Recovery of Expenditures - Nuisance Abatement at 260 White Oak - AP #379-410-009-3. (F:32.4) Councilwoman Cherveny requested that this notice be corrected to PAGE SIX - CITY COUNCIL MINUTES - JULY 28, 1992 reflect the new location for City Council Meetings. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE HEARING DATE OF AUGUST 11 , 1992, WITH THE NOTICE CORRECTED TO SET THE LOCATION FOR 31315 CHANEY STREET AT THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT BOARD ROOM. 22. Set Public Hearing Date of August 11,_ 1992, for the following: c. Determination of "Vicious" Doq at 32480 Racquet Club Way. (F: 18. 1) Councilman Alongi requested input from the City Attorney as to the ability to speed this process up. He commented on the difficulty in handling and maintaining this dog in the animal shelter. City Attorney Harper advised that there is not much time which can be saved in this process. He explained the notification requirements and detailed the alternate possibility of going through the Courts. He further explained the owner's "due process" requirements. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE PUBLIC HEARING DATE OF AUGUST 11, 1992. 23. Resolution No. 92-52 Establishing Various Stop Control Intersections on High Street LLLem #10 from the July (F: I62.2) I4. 1992 City Council Agenda) . Councilman Alongi questioned the necessity of Stop signs on High Street and requested that this item be referred to the Public Works Committee for review. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO REFER THIS ITEM TO THE PUBLIC WORKS COMMITTEE FOR REVIEW. PUBLIC HEARINGS 31 . Recovery of Expenditures - Nuisance Abatement at 998 Parkway - AP #373-185-034. (F:32.4) City Manager Molendyk detailed this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:00 p.m. , asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 8:01 p.m. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 32. Recovery of Expenditures = Nuisance Abatement at 835 Robin Drive - AP #379-174-001 . (F:32.4) T City Manager Molendyk explained this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:03 p.m. , asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 8:04 p.m. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. PAGE SEVEN - CITY COUNCIL MINUTES JULY 28, 1992 33. Recovery of Expenditures - Nuisance Abatement at 166 N. Terra Cotta Road. (F:32.4) City Manager Molendyk highlighted this item. The City Clerk reportEd no written comments or protests. Mayor Washburn opened the public hearing at 8:04 p.m. , asking those persons interested in this ite,n to speak. Hearing no one, the public hearing was closed at 8:05 p.m. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 34. Approval of Final Source Reduction and Recycling Element SRRE Household Hazardous Waste Element HHWE and the related Environmental Negative Declaration ` Resolution No. 92-55. (F: 163. 1) City Manager Molendyk highlighted this item. Special Projects Coordinator Basham explained the procedural steps which have occurred to date and the finalization of this process bringing the City into compliance with AB 939. He advised that one written comment was received and has been incorporated as explained in the copy presented to Council individually. He further advised that under the City's contract with CR & R, the City is guaranteed compliance with the requirements of AB 939. Councilwoman Cherveny inquired whether CR & R had received a copy of this document for review. Valerie Bonner, representing Kleinfelder, advised that CR & R had received the prior documents for review, but not this final document. She further advised that the changes to the document had been minimal . City Attorney Harper clarified the procedure for this matter which involves two separate public hearings. _ Mayor Washburn opened the public hearing on the SRRE & HHWE at 8:10 p.m. , asking those persons interested in this matter to speak. The following person spoke: Laurie Tulstrup, residant of Woodcrest Drive, detailed her recent experience with a situation of Household Hazardous Waste and the problems it had caused her. Shy explained that she had been evicted, etc. with no agency addressing the dumping itself. She expressed concern with the taxpayers continually paying for new programs. She also suggested that she should have received more support in this matter from the City and the City Council . Mayor Washburn comment ad on the proposed program and the public education to be included in that program. The public hearing for input on the SRRE & HFWE was closed at 8:15 p.m. Mayor Washburn opened the public hearing on the Negative Declaration at 8:16 p.m. , asking those persons interested in this item to speak. Hearing no one, the public hea ^ing was closed at 8:1: p.m. MOVED BY CHERVENY, SECONDf,) BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-55 APPRCJING THE FINAL SRRE AND FINAL HHWE: RESOLUTION NO. 92-55 A RESOLUTION OF THE CITY COUNCIL OF THE CIYT OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE CITY SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE) AND HOUSEHOLD HAZARDOUS WASTE ELEMENT (HHWE) . PAGE EIGHT - CITY COUNCIL MINUTES - JULY 28, 1992 MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE NEGATIVE DECLARATION AS PRESENTED; AND DIRECT STAFF TO INCORPORATE THE COMMENTS RECEIVED AT THIS MEETING WITH ALL OTHER COMMENTS RECEIVED DURING THE PUBLIC REVEIW PERIOD WHICH CLOSES ON JULY 28, 1992, AND AUTHORIZE THE SUBMITTAL OF THE FINAL SRRE, FINAL HHWE, AND THE NEGATIVE DECLARATION TO THE COUNTY WASTE MANAGEMENT DEPARTMENT. 35. Public Hearing for Fiscal Year 1992-93 Citywide Lighting and Landscaping Maintenance District - Resolution No. 92-56. (F:22.2) City Manager Molendyk explained this item. The City Clerk reported one written protest from Mrs. Barbara Gordon, which was also distributed to Council for reference. Mayor Washburn opened the public hearing at 8: 18 p.m. , asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 8: 19 p.m. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 92-56. RESOLUTION NO. 92-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR TH EFORMATION AND ANNUAL ASSESSMENT LEVY OF A CITY-WIDE LANDSCAPING AND STREET LIGHTING DISTRICT. BUSINESS ITEMS 51 . Business License Application - Wayne's Weiner Wagon --to be located at Builders Emporium, 32241 Mission Trail . (F:34. 1) City Manager Molendyk detailed this item and advised that all fees have been paid by the applicant and they have obtained approvals from the County Health Department. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO APPROVE THIS APPLICATION. Councilwoman Cherveny requested a picture of the cart to be used. Administrative Services Director Boone provided a photo. Councilwoman Cherveny inquired whether this would be an annual permit process. Mayor Pro Tem Dominguez confirmed that it would be. Councilwoman Cherveny also questioned the availability of electrical , trash enclosures, etc. Councilman Alongi questioned the ability to handle this type of request through the Planning Department since it is on private property. He suggested that City Council consideration might not be appropriate. Mayor Washburn suggested a change to the Ordinance may be necessary. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 52. Downtown Securi„tv. (F: 127.2) City Manager Molendyk explained that the the merchants from the downtown area have approached the City in regard to an increase in burglaries and vandalism and it is being suggested that private security be placed on Main Street between the hours of 6 p.m. to 6 a.m. seven days a week. He further explained that private security was provided on Main Street by the Redevelopment Agency to protect the construction area and during that time there was a noticeable decrease in vandalism. Mr. Molendyk suggested that Council meet in a study session with staff and Captain Daniel to consider this issue; or authorize staff to enter into a contract for services. PAGE NINE - CITY COUNCIL MINUTES - JULY 28, 1992 Councilwoman Cherveny advised that the City has now been divided into nine districts and it appears that there has been no more crime in the downtown area than there has been in the rest of the City. She explained that if the City allocates special funds for a certain area then the other areas should also be considered. The problems are not only in the downtown area. She suggested a study session before any allocation of funds occurs. Councilman Dominguez commented that there are major problems on the east side of town, which create the burglary and vandalism problems. Councilwoman Cherveny stated that that problem is not confined to the downtown area, but is at Brookstone Center and T & S Center as well . She stressed that this is not just a downtown problem. Mayor Washburn clarified that during the construction of the downtown area there was private security and it did act as a deterrant to crime in the downtown area. Captain Daniel detailed statistics for January to May, 1991 versus the same period in 1992 which show an increase in some crimes and a decrease in others. He advised that there was not much difference in the comparison. He clarified the area included in these statistics which is not just the Main Street area, but also from Chaney to Ellis to include all the downtown area. Councilwoman Cherveny asked when the two new officers will be starting. Captain Daniel stated that it is in the process. Councilman Alongi inquired what functions the two new will have. Captain Daniel stated that they would be on the streets. City Manager Molendyk explained that this is figured on an hourly basis. He also explained that this will add to the City's enforcement quality. Councilman Winkler asked Captain Daniel if the Sheriff's Department had any contact with the security at the Outlet Center and if there were any other commercial centers using private security. Captain Daniel confirmed that the Sheriff's Department does work with the security at the Outlet Center and to his knowledge there is no other center using private security. Rick Warner, Vice President of Orange Credit Service, 109 S. Main Street, commented that security is very important to the downtown area and that the Sheriff's Department cannot provide the level of patrol necessary. He further state that if the City does go to a contract security service that they will get the most of the money spent. If an assessment of the local business owners is considered he requested that Council meet with them first. Councilman Winkler asked what procedure the City would use to form an assessment area. City Attorney Harper explained that this would be like setting up a lighitng and landscaping district. He further explained that this does not preclude the businesses from contracting for security services on a private basis. Councilman Alongi advised that he is not specifically concerned with the downtown area, but rather in all areas where there is a need for patrol officers for security services provided by the City, at a lower cost to assist the Sheriff's Department. He further suggested something like a Lake Elsinore Security Patrol to assist in problem areas and report to the Sheriff's Department. There was general discussion in regard to law enforcement provided by the budget and the idea of additional patrol and the related city wide problems if private security patrol were to be provided for specified areas. PAGE TEN - CITY COUNCIL MINUTES - JULY 28, 1992 Councilman Winkler explained that the City has an obligation to do the best that it can with the money that is available. He suggested that homeowners should install burglar alarms to provide increased security; businesses install commercial burglar alarms, and in some cases contract their own security services. He suggested that this matter also be discussed at a study session and/or the Downtown Business Association can set up an assessment through the City to accommodate their needs for security. Councilwoman Cherveny explained that Public Safety is the main reason she ran for Council and it is important that there be a fair and equal distribtion of services throughout the City. Councilman Dominguez questioned the money in the Downtown Business Association account owed to the City and whether it could be used for security patrol purposes. City Attorney Harper explained that with those funds, if it is a legitimate purpose of the district, the D.B.A. with the permission of Council , could contract directly with a security service. Councilman Winkler asked if the City would have to approve the contracting of security service by the D.B.A. City Attorney Harper clarified that there is a requirement that the City Council approve the budget for the expenditure of those tax funds. Councilman Dominguez asked if the City was responsible for the funds held by the D.B.A. City Attorney Harper advised that the City is responsible for the approval of the distribution of funds. Councilman Winkler expressed his concern with problems on Joy Street and his concern that Council is not giving enbugh attention to the rest of the City and other problem areas. Councilman Alongi stated that the Council needs to look at all alternatives to protect the community and not just the downtown area. He further stated that using a security service would be a good temporary answer. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO TABLE THE DOWNTOWN SECURITY ITEM TO BE DISCUSSED AT THE STUDY SESSION TO BE HELD ON AUGUST 13, 1992. 53. Second Reading - Ordinance No. 934 - relating to the Special Events Permit Process. (F: 151.1) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 934: ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING THE SPECIAL EVENTS PERMIT PROCESS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON-AGENDIZED ITEMS Leon Strigotte, 216 Chaney Street, advised that he was representing a group of concerned citizens and business people from the Community; who are in support of Councilmembers Dominguez, Washburn and Winkler and will be serving notices of intent to recall on Councilmembers Alongi and Cherveny. PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 28, 1992 Rick Warner, President of the Downtown Business Association, commented on the success of the downtown revitalization project and the recent recinding of the two hour parking restriction on Main Street. He presented a survey of available parking spaces during a one week period and urged the City Council to reconsider this action and replace the parking restrictions. Bob Houts, 32946 Rose Avenue, representing the Southshore Homeowners Association, advised that he has been addressing Council since April and requested that the City Council consider writing a letter of support for the property owners launching rights. Peter Dawson, also representing the Southshore Homeowners Association, concurred with Mr. Houts' comments. CITY MANAGER COMMENTS City Manager Molendyk advised that a list of scheduled study session is out and requested that the City Council calendar the appropriate dates. CITY COUNCIL COMMENTS Councilwoman Cherveny expressed concern with issues where 90% of the affected people want something and the City Council votes against it. She requested that the two hour parking on Main Street issue be calendared for reconsideration at the next City Council Meeting. She stressed the concerns of the area business people. Councilwoman Cherveny requested clarification of the Brown Act particularly with regard to a majority vote of the City Council for reconsideration. City Attorney Harper clarified that reconsideration matters are listed on the agenda and if a majority vote for reconsideration is received, then the item is reconsidered. He further clarified that this is strictly a policy issue based on existing Council policies. Councilwoman Cherveny addressed the earlier comments of Ms. Tulstrup and stressed the need to provide adequate enforcement for this important issue. Councilwoman Cherveny thanked the .School Board for their willingness to provide the current Council Meeting facility in the past; and commented on the move to the new Water District facility. Councilwoman Cherveny also commented briefly on the recall discussed by Mr. Strigotte. Councilman Winkler stressed the need to involve County residents in the pending transfer of the Lake. Councilman Winkler commented on the recent request that the Mayor resign which was covered in the local newspapers; and expressed concern that the thanks from the County residents was not mentioned in the same newspapers. Councilman Winkler commended Mr. Rick Warner for his demeanor and decorum in presenting his comments to the City Council . He commented that it is a welcome change from some of the volatile approaches seen from others. Councilman Winkler further commented on the 90% petition signed by Q.B.A. for the provision of security and parking issues. He questioned the underlying disputes downtown and expressed concern with the intensity of the conflicts. He also commented that he is not sure taxpayer money should be used to address these problems. He suggested that this parking issue be addressed at an upcoming study session. He also commented on the concerns in the Joy/Machado area and encouraged staff to proceed with the Downtown East Assessment District. Councilman Alongi commented on his announcement at the last Council Meeting that the Publlic Works Committee is seeking input on needed street, curb, sidewalks, etc. improvements. He advised that he has received two letters on this matter from Mr. Johnson on Zieglinde and from Mr. Holland, which will be addressed by the Public Works Committee. Councilman Alongi also commented on the concerns previously addressed by Mr. Walker on Joy Street and advised that she has been invited to the next Public Safety Committee Meeting. He requested a study session to address Vendors and ways their approval process could be stepped up. He advised that Grand Avenue problems are still being reviewed. ri PAGE TWELVE - CITY COUNCIL MINUTES - JULY 28, 1992 i Councilman Alongi also commented on the two hour parking issue and advised that he sees no problem with allowing it. He further commented on the Recall matter and stressed the public's right to recall . He expressed concern that the street sweeping parking restrictions are not being enforced and the streets are not being properly swept. He requested scheduling of a D.B.A. Study Session to address the concerns raised here. Mayor Pro Tem Dominguez concurred that he is ready for a Study Session. Mayor Washburn announced the King Videocable will be showing a program on the July 4th festivities, which will air on August 4th at 6:30 p.m. ; August 6th at 6:30 p.m. and August 8th at 12:30 p.m. Mayor Washburn commented on his opportunity to meet with the residents of Case Street in the County area regarding future potential for annexation and problems such as prostitution, drugs, buildings which should be abated, etc. He further commented on the potential that a contractual agreement could be worked out with the County to provide assistance with Nuisance and Structures Abatement Programs. Mayor Pro Tem Dominguez further commented on this meeting and stressed the neighborhood approach to dealing with this type of problems. Mayor Washburn announced that there will be a City Hall Open House on October 2, 1992 from 1 to 4 p.m. and a Public Safety Open House in May of 1993 to include Police and Fire Facilities. Mayor Washburn commented on the Lake negotiations and planning efforts which face the Community in the near future and advised that he would be forming a Lake Advisory Committee with the following members: Peter Dawson, Nick Nash, Bill Starkey, Kevin Pape, Mr. Satter, Al Wilsey and Irvin Palmer. He explained that this Committee will provide input and .cansider lake related issues. City Attorney Harper advised that he would need a Closed -Session to discuss pending litigation with Outdoor Media Group and other matters of potential litigation. THE CITY COUNCIL MEETING WAS RECESSED AT 9:45 P.M. THE CITY COUNCIL MEETING RECONVENED AT 11 :06 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY TO DISCUSS THE LITIGATION MATTERS DETAILED ABOVE AT 11 :06 P.M. THE CITY COUNCIL RECONVENED AT 11 :45 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY ALONGI, SECONDED BY DOMINGUEZ AN CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11 :4 P.M. GARY WASHB/RN5q1AYOR CITY 0 LAKE ELSINORE AT EST VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 11, 1992 I CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, City Treasurer Pape, Administrative Services Director Boone, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Community Services Manager Sapp and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation 7 Tae Kwon Do Team. (F:56..1) Mayor Washburn called the Tae Kwon Do Team forward for recognition. He explained that they had participated in the National Championships and introduced the Masters and Coach. He presented team members Russell Turley (Bronze Medalist - Forms) and Jacob Stone (Bronze Medalist - Sparring) with Certificates of Merit. Coach Jan Dunham explained the 12th Annual United States Junior Olympic Tae Kwon Don Championships and commended the participants for their efforts and successes. Paul Nelson (Bronze Medalist - Sparring) was not present for presentation. B. Presentation - Little League All Stars Team. (F:56. 1) Mayor Washburn called the All Stars Team, Coach and Manager forward for presentation. He presented certificates of recognition to Team Manager Bill Fruin and Team members Tony Pesaneillo, Joe Tripp, Chris Bolton, Brandon Fouts, Jared. Freedman, Erron Maxey, Javier Gonzalez, Erik Goodson, Sal De Salvatore, David Fruin and Erik Runfola. Coach Joe Gonzalez and team members Joshua Foronda and Joe Remierz=were not present for presentation. Manager Bill Fruin detailed the success of the Lake Elsinore Valley Little League All Stars - Junior Level - 13 Year Olds and commended the adult volunteers for their assistance to the team and the league. PUBLIC COMMENTS = AGENDIZED ITEMS Mayor Washburn advised that he had requests to speak which would be handled in conjunction with the appropriate items. He asked if that would be acceptable to the speakers. Hearing no comments to the negative he proceeded to the Consent Calendar. CONSENT CALENDAR MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. i _ _ PAGE TWO CITY COUNCIL MINUTES AUGUST 11, 1992 I . The following Minutes were approved: a. Regular City Council Meeting - July 28, 1992. (F:44.4) The following Minutes were received and ordered filed: j b. Planning Commission Minutes - July 1, 1992. (F:60.3) c. Planning Commission Minutes - July 15, 1992. (F:60.3) PUBLIC HEARINGS 21 . Recovery of Expenditures - Nuisance Abatement at 260 White Oak Drive. (F:32.4) City Manager Molendyk explained this item and indicated that the particular concern on this property was a swimming pool which was not maintained causing stagnant water and mosquitos. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:14 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:16 p.m. Mr. Dick Knapp, 29690 Dwan Drive, questioned the lack of Warrant Lists and investment reports on the City Council Agenda. City Manager Molendyk explained that there had been difficulties with the computer and staff was unable to prepare those items in time for this agenda. MOVED BY CHERVENY, SECONDED BY DOMING UEZ AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 22. Tentative Parcel Mao 27033 and Zone Change 91-7 JLLa_ney Business Park Mola Development. Ordinance No. 935. (F: 110.2) (X:172.2) City Planner Christen detailed this item and the Planning Commission recommendations. He also detailed specific concerns of the Planning Commission regarding walls and fences 'g nces and 9 the potenti al al of Least Bell s Vireo habitat. He explained that Condition #26 was added to insure that the habitat presence is evaluated. He advised that the applicant might be presenting an option on this matter as part of his presentation. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:20 p.m. asking those pERsons interested in this item to speak. The following person spoke: i Matt Kaufman, representing the applicant, thanked staff for their work and assistance on this project. He commended the staff for keeping the project on track even with a number of staff changes. He explained that the potential for Least Bell 's Vireo habitat was recently raised. He detailed a number of environmental reviews and explained that the area is really not suitable for the Vireo and they have found no evidence that the area is a habitat. He suggested an alternate condition, as an option to address this matter, as follows: "Within the next 30 days, applicant may, in lieu of the Spring Study, choose to have a consultant, hired by the City and acceptable to Fish and Wildlife Services, survey the site to substantiate whether the site habitat is generally suitable for the vireo as well as whether there is presently any evidence of Vireo nesting. " Mayor Washburn closed the public hearing at 7:26 p.m. i i PAGE THREE - CITY COUNCIL MINUTES - AUGUST 11, 1992 Mayor Pro Tem Domiguez inquired how the site was determined to be a potential habitat site. City Planner Christen explained that the potential habitat was recently discovered by Flood Control during another project in the area. Mr. Dominguez advised that he would be comfortable with the consultant recommendation so it could be explored with Fish and Game. Councilwoman Cherveny questioned Condition #51 regarding the Flood Control Outlet and whether it would impact the Outflow Channel . Mr. Christen clarified that this condition would allow for realignment if necessary. i Councilwoman Cherveny also inquired whether the traffic signal fees in Condition #55 would be collected up front. Public Services Director advised that they are generally collected when the maps are recorded. Mayor Washburn questioned Condition #20 regarding the wall and the why a block wall was being suggested in an industrial area; and if this was a new requirement. Mr. Christen advised that the Planning Staff has traditionally requested this however, the final plan might be a hedge, wrought iron or some other type of screening. He explained that this could be contested at a later date. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 0 WITH COUNCILMAN ALONGI ABSTAINING TO APPROVE TENTATIVE PARCEL MAP 27033, ZONE CHANGE 91-7 AND MITIGATED NEGATIVE DECLARATION 92-3 SUBJECT TO THE FOLLOWING FINDINGS AND CONDITIONS AND ADOPT ORDINANCE NO. 945. THE MOTION WAS AMENDED WITH THE CONSENT OF THE MAKER AND SECOND TO APPROVE THE REQUEST FOR FURTHER STUDY AT THE COST OF THE APPLICANT. i Findings - Zone Change 91-7 1 . This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request will bring the zoning for this portion of the project area into conformance with the General Plan. 3. This request will not result in any significant adverse impacts on the environment. Findings .1 Tentative Parcel Map 27033 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan. (Government Code Section 66473.5) . 2. The effects this project is likely to have upon the housing needs of the region and needs against the public service needs of its residents and available fiscal and environmental resources have been considered and balanced. i 3. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (Government Code Section 66412.3) . 4. Elsinore Valley Municipal Water District (EVMWD) has determined that the discharge of waste form the proposed subdivision into the existing sewer system will not result in a violation of the requirements as set out in Section 13000 et seq. of the California Water code. (Government Code Section 66474.6) Conditions — Planning Division 1. Tentative Parcel Map 27033 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake i PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 11, 1992 i Elsinore City Council in accordance with the Subdivision Map Act. 2. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval . i 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. Signage for this subdivision shall require City Permits. 5. The City s Noise Ordinance must be met during all site preparation activity. 6. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official . Bo nding shall be done b 9 y final map for all improvements and grading. 7. Pay all applicable fees in force at time of issuance of building permits. 8. Prior to final approval of Parcel Map 27033 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 9. Building permits shall not be is sued sued until proof of payment of school mitigation fee is presented to City Building Division. 10. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 11 . Comply with all conditions of the Riverside County Fire Department. 12. Applicant must meet all requirements of Elsinore Valley Municipal Water District (E.V.M.W.D. ) . 13. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the E.V.M.W.D. 14. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City standards. Meet all other requirements of Southern California Edison. 15. Meet all requirements of Southern California Gas Company. 16. Meet all requirements of General Telephone. 17. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 18. Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval of the Community Development Director. 19. Annexation to the City's Landscaping and Lighitng District is required prior to approval of a Final Parcel Map. i PAGE FIVE -- CITY COUNCIL MINUTES - AUGUST 11, 1992 20. A decorative block or masonry wall and/or alternative use of landscaping subject to the discretion of the Desing Review Board, shall be constructed around the perimeter of the subdivision. Precise design, materials and location to be determined through Minor Design Review process. 21 . All development associated with this map requires separate Design Review approval , the Master Sign Program to be submitted at the development of the first parcel , in accordance with Section 17.82 of the Municipal Code prior to building permit approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 22. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 23. Conceptual and Final Landscape and Irrigation Plans for all project slope areas and fire breaks shall be approved by the community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of landscape requirements approval/acceptance, and bond 100% for material and labor for one year. 24. All applicable standards established within Section 15.64 of the Municipal Code shall be applied as long as this site retains a Zone A classification according to the Flood Rate Insturance Maps (FIRM) as determined by the Federal Emergency Management Agency (FEMA) . 25. In the event that the alignment of the Lake Management Project's Outflow Channel is altered and these changes related to this project in any way, the applicant shall amend the tentative map to incorporate said changes. 26. The applicant shall submit appropriate fees to the City for the purpose of conducting a biological survey to determine the existence of suitable Least Bell 's Vireo Habitat on the project site. If the survey determines that Least Bell 's Vireo Habitat does not exist on site, additional future analyses of Least Bell 's Vireo Habitat will not be required. However, if Least Bell 's Vireo Habitat is found, the applicant shall submit appropriate funds to the City to prepare a Least Bell 's Vireo spring survey of the site. The p g y analysis and conclusions contained in the spring survey shall be valid for a period of one year. The applicant shall submit funds for preparation of the spring survey within one year of design review approval . If the applicant does not begin site grading and preparation during the one year life of the spring survey, the applicant shall again submit appropriate funds to the City to prepare another spring survey. 27. Per the Subdivision Map Act the final map shall be in compliance with the tentative map. 28. The developer shall establish and recored CC&R's prior to issuance of Certificate of Occupancy for the units. The CC &R's shall impose fees to maintain all landscaping, parking areas, private streets, private drainage facilities, and any other common amenities. CC&R's shall also provide reciprocal easements for parking, access, circulation, loading, landscaping maintenance, signage usage and maintenance in favor of all lots, subject to the approval of the Community Development Manager and the City Attorney. The CC &R's shall prohibit outside storage and shall furnish information on any environmental hazards or constraints to all future owners/lessees. PAGE SIX - CITY COUNCIL MINUTES - AUGUST 11, 1992 Conditions - Engineering Division 29. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval . 30. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030) . 31. Dedicate sufficient frontage along Chaney Street for an 88 foot right-of-way (44 foot half-street) and along Minthorn Street for a 60 foot right-of-way (30 foot half-street) . 32. All interior streets shall be 60 feet right-of-way with 40 feet curb to curb and Street "C" shall intersect with Street "B" with a standard knuckle. 33. Pay all Capital Improvement and Plan Check Fees (Municipal Code, Title 16, Chapter 16.34, Resolution 85-26) . 34. Submit a "Will -Serve" letter to the City Engineering Department from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval . 35. Construct all public works improvements per approved plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16,34) . 36. Street Improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code p 12.04 and 16.34 37. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 38. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12.08, Resolution 83-78) . 39. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval . 40. Arrangements for relocation of utility company facilities vaults, etc. ) out of the roadway or alley shall be the responsibilitys, of the property owner or his agent. 41 . Provide fire protection facilities as required in writing by Riverside County Fire Department. 42. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed i to a drainage easement. 43. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. , 44. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 11, 1992 I 45. All drainage facilities in this tract shall be constructed to Riverside county Flood Control District Standards. The strom drain connections to Temescal Wash shall be approved by Riversdie County Flood Control Project. 46. All compaction reports, grade certifications, monument certifications (with tie-notes delineated on 3-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. 47. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 48. The 100-year flood plain shall be indicated on the map. 49. Tract phasing plan shall be approved by the City Engineer. Bonding for public improvements for each phase shall be approved by the City Engineer. 50. Until Street "D" is completed, secondary access shall be provided by dedicated public right-of-way subject to the approval of the City Engineer and Riversdie County Fire Department. Minimum width of secondary access shall be 30 feet. Once "D" Street is completed the secondary access will be vacated. 51 . The flood Control Outlet Channel right-of-way across this property shall be dedicated to the City upon approval of the first phase of this map. 52. Street "D" shall be connected to Silver Street and Silver Street shall be improved to Minthorn Street. Silver Street shall be graded to ultimate alignment and paved for two travel lanes (25 feet) . 53. Developer may provide funds for the City to hire an assessment engineer to form a benefit-reimbursement district to reimburse the developer for improving Silver Street off site. 54. Applicant shall submit a geotechnical report evaluating liquefaction potential , possible on site faulting and other secondary geologic constraints. 55. Developer shall contribute their pro-rata share for the design and construction for traffic signals for the following intersections: Collier/Chaney 38/ Collier/Chaney 10% I-15 south bound ramp/Central 8% 1-15 north bound ramp/Central 6% Collier/Riverside 4% 56. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval . Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 57. All improvements plans and parcel maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with the City's ARC/INFO GIS system or developer to pay $1,000.00 per sheet for City digitizing. 58. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement.. 59. Developer to provide No Parking and Street Sweeping signs for streets within tract or pay a fee for installation by City. PAGE EIGHT - CITY COUNCIL MINUTES- AUGUST 11 1992 60. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 61 . The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for a Natural Pollutant Discharge System Permit prior to issuance of grading or building permits. 62. All utilities except electrical over 12kv shall be placed underground, as approved b serving t ' pP Y g utility. ORDINANCE NO. 935 AN ORDINANCE OF THE CITY OF LAKE ELISNORE, CALIFORNIA, REZONING, SIX ACRES FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO M-1 (LIMITED MANUFACTURING) LOCATED AT THE SOUTHEAST INTERSECTION OF CHANEY AND MINTHORN STREETS ZONE CHANGE 91-( 7 - CHANEY BUSINESS PARK MOLA DEVELOPMENT. UPON THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE I ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: ALONGI 23. Resolution No. 92-57 - 1—MC Communities - North Peak Annex ation No. 54. 4. City Planner Christen detailed this item and its location. He advised that this annexation involves approximately 2,288 acres and this is the final step in the annexation. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:33 p.m. asking those persons interested in this item to speak. The following persons spoke: Edith Stafford, 54 Elm Street, advised that she had received a notice on this hearing and requested clarification of its location so she could determine the im pact act on her property. Mr. Christen showed a map indicating the location. Burnham Peterson, advised that he owns property on El Toro Road and questioned the impact of the annexation on his property. City Attorney Harper clarified that the annexation is property completely owned by TMC Communities. Mayor Washburn closed the public hearing at 7:35 p.m. Councilman Winkler requested determination from the City Attorney as to his potential for conflict based on property ownership. City Attorney Harper advised that the annexation has no impact on Mr. Winkler's property, however he may be prohibited from voting on the final project. He further advised that he would be providing a formal analysis of the potential for conflict because material financial impacts could occur. Mayor Pro Tem Dominguez questioned the verbiage in the resolution addressing detachment from Ortega Trails. Mayor Washburn further inquired if the verbiage should be deleted since the LAFCO decision is pending on this portion. City Attorney Harper clarified that the verbiage was not a problem, because that would still carry the City's intent. i PAGE NINE - CITY COUNCIL MINUTES - AUGUST 11, 1992 MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-57: RESOLUTION NO. 92-57 A RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING TERRITORY DESIGNATED ANNEXATION NO. 54, ANNEXED TO THE CITY OF LAKE ELSINORE WITHOUT NOTICE OF HEARING AND CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT. 24. Determination of "Vicious" Dom - 32480 Racquet Club Wa. (F:18. 1) City Manager Molendyk explained that the Food and Agriculture Code Section 31503 et seq. provides that the determination that a dog is vicious and subject to impoundment may be made pursuant to either a petition to the Municipal Court or to the City with jurisdiction, subject to appeal to the Municipal Court. Willa Bagwell , Assistant Director of L.E.A.F. explained that there had been several complaints from mid May to early July regarding vicious dogs at this location; and in the beginning there were two pit bulls. Eventually the owner removed one of the pit bulls with one remaining. She further explained that the remaining dog is identified as Stomper who is 10 months old and 85 pounds. The officers visited the residence and told the owner that the animal must be confined and licensed. After warning to confine the dog, it was allowed out and threatened one of the neighbors. She further explained that on July 2, 1992, the dog was deemed dangerous and guidelines were set down to Mrs. Perry stating that the dog was to be kept in a rear yard behind a substantial fence, on a chain which can withstand repeated leaps and lunging, when in the front yard the dog must be leashed and muzzled, "Beware of Dog" signs to be posted on fence, a hole under the fence to be repaired and all gates were to remain padlocked. On July 19, 1992 the dog broke his chain and ran at the fence of the next door neighbor who was in their yard. The neighbor then armed himself and called for assistance. On July 21, 1992, she observed that the dog was attached to a puppy chain attached to a P.V.C. sprinkler head, no signs had been posted, the hole under the fence had not been fixed and neighbors had observed the dog in the front yard without a muzzle. The dog was impounded and is being boarded pending a decision by Council . City Attorney Harper noted that the letters of complaint are included in the staff report. Mayor Washburn opened the public hearing at 7:43 p.m. asking those persons interested in this matter to speak: Randall McKinney, 32465 Racquet Club Way, explained that he has been at that residence for several years and has had no conflict until this time. He advised that he has been confronted by the dog in his own yard, his son had been chased while riding his bike. He requested that the City Council not allow the dog back into the neighborhood, due to his vicious behavior and a lack of cooperation by the owners. Joseph Lascoski , 32490 Racquet Club Way, stated that he lives next door to the dog in question and his fence had been breached and he was threatened. Although the neighbor had fixed the fence he stressed that he did not feel safe letting his two children play in the back yard because he felt that the dog could possibly make entry again and do injury to his children. Dave Williams, 32505 Racquet Club Way, explained that he has had no personal experiences with the pit bull , but stated his concern with the potential hazard if the dog got loose. He further explained that he concurs with his neighbors that the dog should be removed from the neighborhood. Michael Wehn, 32470 Racquet Club Way, explained that his family is the one III i PAGE TEN - CITY COUNCIL MINUTES AUGUST 11, 1992 i that has had the most problems with this dog and has had the dog break it through his fence on two occasions; and now he feels that he must arm his home to protect his family. He further stated that the owner shows no concern for the safety of the neighbors and it is his opinion that the owner has trained the dog to be vicious. Robert Perry (owner) , 32480 Racquet Club Way, advised that his dog has never bitten anyone and although the fence has been breached by his dog, it is because the fence is not strong enough to contain the dog. He further advised that the dog has not attacked anyone nor bitten anyone and asked Council not to destroy his dog, as it has not been trained to be vicious nor has it done anything to y g merit being destroyed. William Gordon, 32500 Racquet Club Way, explained that he was the first to have an incident with the dog and at the time the dog displayed vicious behavior. He asked that the Council resolve this issue due to the fact that the dog is not supervised or controlled. Randy Huffman, 32470 Racquet Club Way, stated that his pets are kept in a chain link dog run because he is in fear for their lives because of the nature of this pit bull and fears the potential for injury to the children of the neighborhood. Mr. Perry re-approached the City Council with pictures of the fence and the way that the dog was chained. He stated that he felt that the dog was secure and that he had met with the requirements of Animal Control . Hearing no further comments Mayor Washburn closed the public hearing at 8:04 p.m. Mayor Washburn reopened the public hearing at 8:04 to allow for further comment from the public. Mr. William Gordon stated that the dog is dangerous and that the pictures displayed are not how the dog was restrained. Ms. Bagwell stated that the dog was on a puppy chain that was hooked to a sprinkler head the day before the dog was impounded. Mr. When explained that the chain used was not what is shown in the picture, the chain he has seen is a puppy chain and furth er explained that the owner has threatened to do him harm if anything was to happen to his dog. He further explained that he has seen Mr. Perry abuse the dog. Ms. Bagwell explained that when the dog is on a leash with the wife the dog is in control , but when the dog is with Mr. Perry the dog acts in a vicious manner. i Hearing no further comments, Mayor Washburn closed the public hearing at 8:09 p.m. Councilwoman Cherveny stated that her first concern is public safety and stated that a family should feel safe in their own back yard. She further stated that citizens should not be in fear for their childrens lives. She stressed that she loves animals, but would not like to see a child brought before Council that had been bitten. Councilman Winkler concurred with Councilwoman Cherveny. Councilman Dominguez asked what was done with the other pit bull . Mr. Perry explained that the other dog was returned to his brother. Mr. Dominguez asked if there was a recommendation. City Attorney Harper explained that Council can make a ruling from removing he dog and placing it in another location to having the dog destroyed. Ms. Bagwell recommended that the dog not be destroyed, because while at the PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 11, 1992 shelter, the dog has been well behaved, but it is her recommendation that the dog not be returned to the owner. The City Attorney Harper explained that the first determination that needs to be made is that the dog is determined to be vicious; then the second determination is what is to be done with the dog and Council can make a finding that L.E.A.F. can retain physical custody of the dog until they can place it in a satisfactory situation. He further explained that the declaration of vicious dog has a legal meaning as well and based upon the testimony which declares that the dog has approached in a manner to threaten then the dog is declared vicious. Councilman Winkler asked if a determination to have L.E.A. F. take custody is possible. City Attorney Harper confirmed that it could be done that way. Councilman Alongi explained that there are dogs who are known to be vicious with men and vicious with women because of the way the animals are bred. He further explained that he would not place this dog anywhere because the dog will respond viciously with any man. Mayor Washburn clarified that there are two determinations to be made, one is to determine if the dog is vicious and the other is to determine what to do with the dog. MOVED BY DOMINGUEZ AND SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE THAT THE PIT BULL DOG OWNED BY BOBBIE AND AVA PERRY, AT 32480 RACQUET CLUB WAY, BE DECLARED VICIOUS. Councilwoman Cherveny expressed her concern that if the dog was to be placed in another home it would just be transfering the problem, as the dog has already been taught to respond in a vicious manner with a man. Ms. Bagwell stated that the dog has been observed by animal trainers and has not displayed vicious behavior. She furthur stated that in the case of a vicious dog, Animal Control usually asks that the animal be destroyed, however, in this case, it is not their recommendation. Councilman Alongi explained that the pit bull breed is unpredictable and he feels that the dog should be destroyed. Mayor Washburn asked how L.E.A.F. would determine what family the dog could go to. Ms. Bagwell explained that if the dog is adopted, it would be by a responsible person or family and an inspection would have to be made of their fences and property. She further explained that the dog could still be destroyed if a suitable owner is not found. Councilman Winkler asked if the prospective family would be notified that the dog had been found to be vicious by the Council . Ms. Bagwell confirmed that they would be notified. Councilman Dominguez asked what kind of an evaluation would be done after the dog is placed, if it is. Ms. Bagwell explained that there would be follow-up evaluations, after placement. Councilwoman Cherveny asked how long L.E.A.F. would keep the dog before it is destroyed. Ms. Bagwell explained that it would be a period of approximately two weeks. i MOVED BY ALONGI, SECONDED BY CHERVENY TO HAVE THE DOG DESTROYED. MOTION FAILED BY A VOTE OF 1 TO 4 WITH ALONGI CASTING THE VOTE TO APPROVE. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO RELEASE THE DOG TO L.E.A. F. , NOT THE ORIGINAL OWNER, FOR SUPERVISION AND FOLLOW UP. l i PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 11, 1992 j BUSINESS ITEMS If 31. Building. Activity Report ` July. 1992. (F:32.2) City Manager Molendyk highlighted this item. j MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE BUILDING ACTIVITY REPORT FOR JULY, 1992. j 32. Code Enforcement Activity Report = Ju_ ly, 1992. (F:54. 1) City Manager Molendyk presented this item. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO j RECEIVE AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR JULY, 1992. 33. Structure Abatement Activity Report - July, 1992. (F:32.4) City Manager Molendyk introduced this item. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR JULY, 1992. Set� 34. Public c._ Hearing Date of August 25, 12g2, for the Following: a. Zone Code Amendment No. 92-1 - City of Lake Elsinore. (F:172.2) b. Zone Code Amendment No. 92-2 - City of Lake Elsinore. (F:172.2) j MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO SCHEDULE THE PUBLIC HEARINGS AS PROPOSED. 35. Recovery of Expenditures for the Abatement of Weeds Rubbish.,. ' Refu se andDirt - Reso� No, g -58. (F:166. 1) City Manager Molendyk explained this item and detailed the total number of parcels and cost involved. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-58: RESOLUTION NO. 92-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIOFRNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GVVERNMENT CODE. 36. Lease of Building at 108 Library. (F:68.1) City Manager Molendyk explained that this item was continued from the last City Council meeting to allow for an inspection of this building. He advised that it was inspected and the necessary improvements will cost approximately $3,500 to 5,000. He recommended that staff be authorized to proceed with the improvements and the rental cost be increased to off-set those costs. Mayor Washburn commented on the need to change the agreement to include the proposed changes. Councilman Alongi advised that he had discussed this item with Mr. j PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992 Dominguez and because of the lessee's cooperation with the City he was changing his stand and supporting this arrangement. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO MAKE THE NECESSARY IMPROVEMENTS TO BOTH BUILDINGS; CHANGE THE PER SQUARE FOOT RENTAL COST FROM 40-CENTS TO 50-CENTS PER SQUARE FOOT TO RECOVER FUNDS EXPENDED FOR IMPROVEMENTS AND AUTHORIZED THE MAYOR TO EXECUTE THE LEASE AGREEMENT. I 37. Request for Co-Sponsorship & Waiver of Fees - Public Safety Fair - Vons Grocery Store. {F:127.2} City Manager Molendyk detailed this request; and commented that staff feels that the program has a lot of merit. He explained that the City's Co-sponsorship would be the provision of an officer with a car for the fair; and a Community Services Department representative discussing water safety. He also explained that Vons would still be required to provide a certificate of insurance. Councilman Alongi commented that this is the type of activity he would like to see accommodated with waiver of fees, etc. ; particularly when they involve public safety. Councilwoman Cherveny commented that the Public Safety Committee would have liked prior knowledge of this p g s item. i MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REQUEST FOR CO-SPONSORSHIP, WAIVE ALL RELATED FEES AND REQUIRE THAT VONS PROVIDE A CERTIFICATE OF INSURANCE LISTING THE CITY AS ADDITIONALLY INSURED IN THE AMOUNT OF $1,000,000. 38. Extension of Time #2 for Tentative Tract Map 22904, Revision #6 - Canyon Bay Development Corp._ _ Located at the Northerly Terminus of Scenic Ridge Road Tuscan Hill S ec'.��, p ific Plan Areal (F:160.2 � ) City Planner Christen detailed this item and the prior consideration. He further detailed the additional conditions which are proposed and advised that with this extension of time, the map will expire on July 25, 1993. Mayor Washburn requested the addition of Condition #59 requiring that the developer shall insure that all promotional material will identify Lake Elsinore as the location of the project. He further suggested that all future maps include that verbiage. i MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO GRANT THE 12 MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 22904, REVISION #6 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH THE INCLUSION OF CONDITION #59 AS PROPOSED BY MAYOR. Findings 1 1 . Substantial progress toward the development of this Tract Map has taken place. 2. Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare. 3. The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. Conditions - Planning Division 1. Extension of time for Tentative Tract Map No. 22904, Revision #6 will expire on July 25, 1993 unless an additional extension of time is granted by the City of Lake Elsinore City Council in accordance with I PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992 the Subdivision Map Act and Title 16 of the Lake Elsinore Municipal Code. 2. The Tentative Tract Ma shall comply w' P p y iht the State of California Subdivision Map Act and small comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval . 3. The applicant shall provide connection to public sewer for each lot within the subd ivision. No servic e lateral shall cross adjacent property lines and shall be delinea ted on engineering g Bering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District. i 4. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 5. Applicant shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk, no roof-mounted or front yard satellite dish shall be allowed. The CC & R's shall be subject to the approval of the Community Development Director or his designee, prior to recordation of any deeds or recording of the final map. Any revision of CC & R's shall be subject to the approval of the Director of Community Development or his designee. 6. House plotting, architectural drawings, floor plans, landscaping and fencing plans shall require Minor Design Review approval prior to issuan ce of buildingpermits. Erosion P control plans will be submitted and approved prior to the issuance of grading permit. The erosion control plans will include on-site and off-site mitigation. 7. Applicant shall meet all Condition of Approval pp prior to the issuance of a Certificate of Occupancy and release of utilities. 8. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 9. Applicant shall submit and receive approval of landscape and irrigation plans for model homes, back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines (April 1988 unless revised) , prior to issuance of grading permits. 10. All signage for this project shall require appropriate City permits. 11 . All trailers utilized during construciton, mail boxes, and signage shall be subject to City Planning Review and approval prior to installation. 12. Applicant shall meet all requirements of the Riverside County Fire Department for fire protection. i a) Schedule "A" fire protection approved standard fire hydrants, (6"xV x2-1/2") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI . b) Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 11 1992 "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". c) Remove the cul -de-sac form the east end of Street "C" and extend the street to the main collector road using minimum grade, alignment, turn radii and intersection design consistent with tract design. --OR-- d) Remove the cut -de-sac from the west end of Strteet "C" and extend the road with minimum 24 foot paved section (with appropriate grade and alignment) to a City maintained road. e) Applicant to pay proportion of cost of establishment of a southeast area fire station to ensure timely delivery of said station concurrent with demand for services imposed by this project. 13. Applicant must meet all requirements of Elsinore Valley Municipal Water District prior to granting the Certificate of Occupancy. a) Pay water connection fee per Resolution No. 854 prior to Certificate of Occupancy issuance. b) Pay sewer connection fee per Resolution No. 954 prior to Certificate of Occupancy issuance. c) Submit hydraulic analysis for sewer line and facilities sizing. d) Submit hydraulic analysis for water line and facilities sizing. e) Design and construct water line along entire project frontage(s) to Elsinore Valley Municipal Water District Standards. f) Design and construct sewer line along entire project frontage(s) to Elsinore Valley Municipal Water District Standards. g) Sewer connections for this project shall be constructed independently of adjacent projects, if required. h) The water tank for the 1601 pressure zone to be constructed on lots 80 and 81 shall be constructed underground in order to screen it from public view. 14. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore School District have been paid. 15. All recommendations listed under Section 5.0 (pages 13-17) in the Geotechnical Report dated December 2,3 1987, (Appendix "D" of the Enviornmental Assessment) shall be submitted to the Building Department with any other reports required for grading plan check. 16. If during grading or construction for this project, any artifacts of archaeological , paleontological , or cultural significance are revealed, all such operations shall cease until such time as an appropriately qualified individual or consultant has determined the significance of said artifacts and/or their potential for removal . 17. Applicant to pay all per-acre mitigation fees toward the Habitat Conservation plan for the Stephens Kangaroo Rat and/or any other endangered species which may be listed prior to recordation of the final map. 18. All grading operations to be scheduled out of the rainy season. All exposed slopes to be reseeded following construction. i PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992 I 19. Applicant to obtain Department of Fish and Game 1601-1603 Notification prior to any construction or grading in drainage courses to determine appropriate mitigation, if applicable. 20. All mitigation measures proposed in the technical appendicies for this project (dated April 5, 1989) to be included as condition of approval for this project. 21. All ground support air conditioning units, gas meters, electrical boxes or other electrical or mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or public streets. (Solar energy collectors and apparatus excepted) . 22. All landscaping to be bonded 120%, Faithful Performance Bond, and released at completion of in stallation of landscape requirement approval/acceptance, and bond 100% for material and labor for one year. Conditions - Engineering Division 23. Construct all public works improvements per approved street plans (Municipal Code, Title 12) , which must be approved and signed by the City Engineer prior to approval of final map (L.E.M.C. 16.34) . 24. Public works improvment plans and specifications shall be prepare by a Civil engineer and improvements shall be to Riverside County Road Department Standards and City Codes (L.E.M.C. 12.04 and 16.34) . 25. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78) . 26. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030) . 27. Submit a letter of verification (will -serve) to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been ma de ade for this ro ' p 3ect and all sewer and water easements shall be secured prior to final map approval . 28. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26) . 29. All public works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. 30. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 31 . Provide fire protection facilities as required in writing by Riverside County Fire Deparmtnet. i 32. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 33. Enter into a subdivision agreement with the City for off-site improvements and post appropriate bonds. 34. Contribute $200 for the City-wide Entry Sign Program. 35. Hydrology and Hydraulic study shall be submitted to the Engineering Department for review and approval by City Engineer before final map approval . Design flows shall include a bulk factor for debris. ' I PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992 36. Developer shall mitigate any floodingor erosion downstream and/or am caused by development of site or redirecting drainage, method to be approved by City Engineer. 37. Downstream acceptance letters will be necessary from the downstream property owners for outletting the proposed storm run-off on private property. 38. Street "A" shall terminus with a standard cul -de-sac. 39. Desirable grade for local streets is 9%. The maximum grade of 15% should only be used because of design constraints. 40. Secondary access shall be provided for Tract 22904. The secondary access shall be from the westerly or easterly terminus of "C" Street. The access road shall provide a 60 foot R/W with 40 foot curb to curb. The access road shall meet Riverside County Road Department Standards. With the present state of development in the area, the preferred secondary access road should traverse through Tract 17413-3. 41 . Provide for extension of "A" Street to Railroad Canyon Raod or show evidence that Tract 20704 and 20705 will provide access to Railroad Canyon Road. 42. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space. 43. Developer shall provide an approved open space conservation easement for the tracts open space with a fuel modification zone for a fire break to be maintained by a homeowners association. 44. Developer shall agree to be annexed to a benefit assessment district for the improvements of Railroad Canyon Road from 1-15 to city limits. 45. Developer shall actively participate in a Mello Roos Community Facilities District (CFD) for the expenses of fire, police and flood control maintenance services. The CFD will also provide for the costs of all infrastructure facilities that benefit this tract. 46. Developer shall agree to participate in a benefit assessment district for the coots of the bridge across San Jacinto River at Summerhill Drive and/or any other infrastructure improvements which benefit project site. 47. All improvement plans and tract maps shall be digitized. At certificate of occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Information/GIS or developer to I pay $1,000 per sheet for City digitizing. 48. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 49. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 50. No findings of substantial conformance with the approved tentative map shall include the addition of any Single Family lots above the 81 Single family lots approved by City Council on July 25, 1989. F 51 . Landscape plans submitted for project slopes, streetscapes, fire department fuel modification zones, etc. . . shall be reviewed and approved by the City's Landscape Architect. Landscape plans shall include colored down drains for all slopes, and slope landscaping provided that minimizes stark cuts such as clustered plant groupings of ground cover, shrubs and trees. Landscape plans must be reviewed, PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992 approved and landscaping installed prior to a certificate of occupancy for any lots. 52. All graded project slopes shall incorporate down drains located es . to th e sides of the slopes rather than in the center of the slope face wherever feasible. Down drains located on slopes behind single family lots shall be aligned, to the extent feasible, with property lines. Evidence of technical infeasibility must be submitted in writing by a registered professional engineer. 53. Prior to issuance of building permits the developer shall participate in the formation of a Community Facilities District for the cons truction tion of adequate fire facilities to serve the site. 54. Any model complex shall provide for off-street parking, and one model shall incorporate xeriscape landscaping with identifying signage. 55. Street trees shall be 24" box and be provided in accordance with the City's adopted Landscape Guidelines. 56. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. 57. If grading exceeds 50 cubic yards, grading plans shall be prepared by a civil engineer and approved prior to final map approval . Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 58. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board prior to issuance of grading permit. 59. Developer shall ensure that all promotional materials for this project shall identify the location as Lake Elsinore. 39. Extension of Time for Tentative Tract Map 25831 - The Clurman Com�any, Inc. Located within th — e Rams .._._ ate S_ g pecific Plan. F:160 t •2) City Planner Christen detailed this item and advised that due to economic and market conditions, this project is in need of .additional time. He detailed the proposed additional conditions. Councilman Alongi requested verbiage included in Condition #55 to allow the City to trespass to maintain the property, if it is not maintained by the applicant or homeowners association. City Attorney Harper clarified that the City would reserve the rights to do maintenance and assess fees. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE EXTENSION OF TIME TO AUGUST 14, 1993, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, TO INCLUDE CONDITION #60 REGARDING PROMOTIONAL MATERIALS IDENTIFYING THE LOCATION AS LAKE ELSINORE. Findings I . Substantial progress toward the development of this Tract Map has taken place. 2. Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare. 3. The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. I PAGE NINETEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992 Conditions Planning Division 1 . Extension of time for Tentative Tract Map No. 25831 will expire on August 14, 1993 unlesss an additional extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and Title 16 of the Lake Elsinore Municipal Code. 2. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval . 3. This Tentative Tract Map shall be subject to the approval of a Specific Plan Amendment adding this tract into the Ramsgate Specific Plan; and establishing the Specific Plan Zoning. 4. The applicant shall comply with the approved Ramsgate Specific Plan, as deemed by the Community Devleopment Manager. 5. Administrative Design Review shall be required of all residential development prior to the issuance of a building permit. Design Review will be required of all non-residential development. 6. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antenna. The CC & R's shall be approved by the Community Development Manager prior to recordation of Final Map. 7. The dimensions of all residential lots shown on the Final Tract Map shall comply wiht the minimum standards established in the Ramsgate Specific Plan. 8. Street names for all streets within the Tentative Map shall be approved by the Community Development Manager. Conditions = Engineering_ Division 9. Prior to the issuance of any grading permit or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Planning Department for inclusion in the case file. 10. Fence location and walls indicated on a grading or landscape plan and consistent with the Ramsgate Specific Plan shall be approved by the j Community Development Manager or designee prior to the release of the Certificate of Occupancy. 11 . Grading and construction plans shall incorporate erosion control measures as required by the building official . 12. Improvement plans, including sewer, water and drainage shall be approved prior to the Final Map approval . 13. Grading Plans for this subdivision shall comply with the grading objectives and guidelines established in the Ramsgate Specific Plan. 14. All public works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. 15. Pay all Capital Improvement and Plan Check Fees (Lake Elsinore Municipal Code, Title 15, Chapter 16.34; Resolution No. 85-26) . 16. Submit a letter of verification (will-serve) to the City Engineering Department, form the applicable water district, stating water and sewer arrangements have been made for this proejct and all sewer and water easements shall be secured prior to final map approval . PAGE TWENTY - CITY COUNCIL MINUTES - AUGUST 11, 1992 I 17. Intersecting Streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by the Registered Engineer. 18. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code Title 12 C P � hater 12.0 83-78 p 8 and Resolution i 19. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 20. All lot drainage shall be conveyed to a public facility or accepted by the adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 21. Prior to the recordation of the Final Map, all p public improvements shall be designed and constructed or bonded for in accordance with plans and specifications meeting the approval of the City Engineer and the Chief Building Official as amended by the Ramsgate Specific Plan. 22. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 23. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 24. The Developer shall pay for "No Parking" and street sweeping signs. 25. Public works improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department Standards and City Codes (L.E.M.C. 12.04 and 16.34) . As amended by the Specific Plan. i 26. All local streets as determined by the Community Development Manager shall have sixty (60) feet right-of-way and forty (40) feet curb-to-curb. Restricted to local double _loaded streets (cul -de-sacs and looped streets 1,000 feet or less) shall have fifty feet (50) of right-of-way and thirty-six feet (36) curb-to-curb with a three (3) foot utility easement on each side of the street. 27. Desirable grade for local streets is nine percent (9%) . A maximum grade of fifteen percent (15%) should only be used in design constraint consideration. I 28. Developer shall contribute to the City's Master Entry Way Sign Program at a rate of $100. per every forty dwellings. 29. Developer shall obtain all necesary off-site easements for off-site grading from the adjacent property owners prior to approval of Final Map. 30. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 31. Provide Soils, Geology and Seismic reports including street design recommendations prior to recordation of Final Map. Provide final soils report showing compliance with preliminary and finish grade certification. 32. Developer shall provide an approved openspace conservation easement for the tracts open space with a fuel modification zone for a fire break to be maintained by a homeowner's association. i PAGE TWENTY-ONE - CITY COUNCIL MINUTES - AUGUST 11, 1992 33. The developer shall be generally eligible for reimbursement agreement from surrounding developments for the cost of off-site improvments required of this project. 34. The fifty (50) foot Southern Claiforinia Edison (SCE) easement running through the tract shall be landscaped with the approval of the Community Development Manager and SCE. SCE generally limits landscaping to that, which on the maturity, won't grow highter than fifteen (15) feet in height and no trees or shrubs within twenty (20) feet of the power pole or structure. 35. %" Street in Tract 25479 shall be evaluated and approved by the Community Development Manager to determine if it is appropriate for extension into this tract prior to the approval of the final Tract Map. 36. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 37. Applicant shall meet all requirements of the Riverside county Fire Department for fire protection. 38. Prior to issuance of building permits, applciant shall provide assurance that all required fees to the Lake Elsinore School District have been paid. 39. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official . 40. All buildings shall be constructed wiht the fire retardant roofing materials as described in Section 3203 of the Uniform Buidling Code. 41 . Submit a schedule of public works improvements based upon the timing of occupancy of the tract prior to final map approval . 42. All lots will be served with mail delivery units subject to the approval of the Lake Elsinore Post Master, Community Development Manager and Public Works Director. 43. The applicant shall agree to be a participant in the preparation of a specific plan on the property north of this tract. This obligation would be for the purpsoe of modifying the edges of this tract as may be required to properly deve lop the neighboring properties. If the 9 g Specific Plan is not initiated prior to the Certificate of Occupancy on the final unit, this obligation will be waived. 44. Trellis Lane shall be improved between this tract and Highway 74 with a minimum of 2 paved lanes or as required of Tentative Tract Map 25479 should its recordation occur first, subject to the approval of the City Engineer. 45. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030) . 46. Hydrology and Hydraulic Study shall be submitted to the Engineering Department for review and approval by City Engieer before final map approval . Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 47. Prior to the Final Map recordation, a public work construction agreement shall be entered into by the developer(s) , owner(s) and the { City. 48. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval . I PAGE TWENTY-TWO - CITY COUNCIL MINUTES - AUGUST 11, 1992 I 49. With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year e storm flood contro l protection. Y 50. Downstream acceptance letters will be necessary from the downstream property owners for outletting the proposed storm run-off on private property. 51 . All improvement plans and tract maps shall be digitized. At certificate of occupancy applicant shall submit tapes and/or ,discs which are compatible with City's ARC Information/GIS or developer to pay $1,000 per sheet for City digitizing. 52. If this tract develops before the Ramsgate tracts, this applicant will be responsible for providing ovidin two 2 p g paved access( ) p roads to their tract as approved b the City Y y Engineer. 53. Applicant shall contribute five percent (5%) towards the cost of design and construction of the traffic signals per the circulation recommendations by the traffic study by Kunzman Associates. 54. A portion of the Tract 25831 lies within an area which is part of the Hydrology Study for the Ramsgate project. The applicant shall coordinate with said study and construct facilities required to safely collect and convey off-site tributary flows through the site by a method approved by the City engineer. 55. Lot "A" as shown on approved Tentative Map shall be maintained by the Homeowner's Association. 56. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. y 57. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construciton. 58. If grading exceeds 50 cubic yards, g Y grading plans shall be prepared by a Civil Engineer and approved prior to Final Map approval . Prior to any grading, applicant shall obtain a grading permit and post appropriate j security. 59. The owner shall provide the City with proof of his having filed a Notice of Intent wiht the Regional Water Quality Control Board prior to issuance of grading permit. 60. Developer shall ensure that all promotional materials for this project shall identify the location as Lake Elsinore. 40. C_ ity Center Development z Request for Financial Assistance - Oak Grove Equities - South & East of the Intersection of Railroad Canyon Road & G_rape Street. City Manager Molendyk explained that staff has been working with Milt Freeman of Oak Grove Equities on a proposed commercial site of approximately 190,000 square feet on 48 acres located south and east of the intersection of Railroad Canyon and Grape. He also explained that this site is adjacent to the proposed auto mall site and this developer is in negotiations with Wal -Mart as their .principal retail tenant. He further explained that if the City Council and the Redevelopment accept the recommendation then the City would ask for the guidance to go back to the developer and firm up a more specific agreement to bring back in the near future. Special Projects Coordinator Wood explained that the request of the developer is for the Agency and/or the City to pledge 100% site specific tax increment and 50% of the sales tax that would be generated from the PAGE TWENTY-THREE - CITY COUNCIL MINUTES - AUGUST 11, 1992 activities on the site, to be pledged to pay debt service on bonds that would be issued for purposes of on-site and off-site improvements. He estimated that the debt would be paid-off in a period of 12 to 15 years, and after that 100% of the tax increment and sales tax would belong to the City. Councilman Winkler requested clarification that the projections show that the City and the Redevelopment Agency stand to receive a net profit of approximately $7 million over a ten year period. Mr. Wood confirmed this information and advised that after the pay-off, the amount would nearly double. Mr. Winkler questioned the impact of this project on future commercial projects. Mr. Wood explained that this would generally help stimulate growth in the vicinity and advised that a theater and major grocery store are also proposed for this development. Mayor Pro Tem Dominguez commented that he felt more information is needed on this item and suggested that it be reviewed in a Study Session. Councilman Alongi concurred that there should be a Study Session on this item. Councilman Winkler commented that he would not mind a Study Session on this matter, but suggested quick action to facilitate this project. j City Attorney Harper suggested that if time is an issue, this item could be set for an adjourned or special meeting to allow for immediate action. Councilman Alongi advised that he has met with Mr. Freeman and likes the project, however, he would like to be more sure of the financing. Councilwoman Cherveny commented that she would concur with an adjourned meeting. She further commented that she is excited about the project with the theater and Wal -Mart. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ESTABLISH A SPECIAL MEETING AS SOON AS POSSIBLE. 41. Consideration of Donation of Stephen's Kangaroo Rat Incidental Take Acreage to the C_ aty of Temecula. (F:76.2) City Planner Christen explained this request which was initiated at a Riverside County Habitat Conservation Agency Meeting. He further explained the needs of the City of Temecula and the City's current allocation breakdown. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DENY THE REQUEST FOR REDISTRIBUTION OF THE SKR ALLOCATIONS AND SUGGEST THAT THE CITY OF TEMECULA ARRANGE FOR INDIVIDUAL AGREEMENTS WITH MEMBER AGENCIES WHERE POSSIBLE. i Councilman Alongi advised that as the City's representative to Riverside County Habitat Conservation Agency, he would like a letter explaining the City's position for presentation at his next meeting. 42. Amendment to the Municipal Code - Keeping of Exotic Animals - Ordinance f No. 933. (F: 18. 1) City Manager Molendyk explained the prior consideration of this item and the Committee who considered the proposed ordinance which was chaired by Councilman Alongi . He presented that ordinance based on the recommendations of that Committee. MOVED BY ALONGI, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 933: Mayor Washburn explained that he had received a request from Holly PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - AUGUST 11, 1992 i Spencer's family that this item be continued until such time as they return from vacation. He requested that since he was unable to attend the committee meeting and some changes were made that he was not appraised of he asked that the motion be denied and a new motion be entertained to continue this item. Councilman Alongi asked what items were in question. Mayor Washburn explained that since the individuals are not here to discuss the item this issue should be continued. He further explained that the ordinance prec ludes persons p p who would like to have the animal who do not have allergies; and also does not include FFA or 4-H projects which could i include Pot-Bellied Pigs, Councilman Alongi explained that FFA does not allow Pot-Bellied Pigs at this time and this ordinance is geared to change the life style of people in R-1 areas who would not appreciate having a pig in their area. He further explained that people buy their homes by zoning and he felt that the reason for the section regarding allergies it to make it fair to those persons who cannot have a dog or cat and need some other type of pet, but it is not fair to impose pigs on the entire population if there is not a problem. He also explained there have already been cases in this state of people abandoning their animals and stressed that this is one of the major problems. Mr. Alongi stated that the immediate neighbors to the Spencers have not been in favor of having a pig next door. Councilman Winkler asked if there was a specific problem in waiting for two weeks until the party involved can be present. Councilman Dominguez commented that he 9 felt tha t the opportunity to be there. people should have the Councilwoman Cherveny commented that at least a third of the cities in Orange County prohibit pigs and she felt that Council is trying to accommodate this situation. COUNCILMEMBERS ALONGI AND CHERVENY WITHDREW THEIR MOTION. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE NEXT REGULAR CITY COUNCIL MEETING. MOVED BY ALONGI TO HAVE THIS ITEM HEARD AS A PUBLIC HEARING. MOTION DIED FOR LACK OF A SECOND. 43. Establishment of Fees Specific to Pot-Bellied Pias. (F:18. 1) MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. 44. Request for Reconsideration of Parking Restrictions on Main Street - Requested by Councilwoman Cherveny. (F: 112.1) City Manager Molendyk explained this request for reconsideration and advised that three votes would be required to allow for reconsideration of this item. Rick Warner, D.B.A. President, stressed the need for the City Council to support the local business people and the growth of the downtown business district. He further stressed the need to be sensitive to the merchants' requests. Councilman Winkler advised that he has met with Mr. Warner to consider the sensitivity of this area and the reason this item has been brought up on multiple occasions. He commented that he feels that asking for reconsideration again at this point is too much. He further commented that he would suggest denial of this request, but he would like to meet with Mr. PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - AUGUST 11 1992 Warner and the Mayor and look at it again later. He also commented that he might request reconsideration at a later date. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO DENY THIS REQUEST FOR RECONSIDERATION. Councilwoman Cherveny commented to Mr. Warner that she would remain sensitive to the needs of the Community. Councilman Alongi commented that he feels a request by 90% has been received and it is the responsibility of the City Council to respond to requests of the public. 45. Lakeshore Drive - No Parking Any Time Zones Resolution No. 92-59. (F: 112.1) Public Services Director Tecca explained this item which involves the section of Lakeshore Drive from Robb Road to Machado Street. He indicated that a big concern in this area is obstruction of visibility for the side streets and pedestrian; area. Councilman Alongi questioned areas where the City would suggest that this parking relocate. Mr. Tecca suggested Collier Road, as a truck route, and industrial areas, as this type of parking would be anticipated. Councilman Alongi inquired whether Robb Road is a collector road. Mr. Tecca advised that it is an arterial road. Mr. Alongi questioned signage to alert the truck drivers of parking restrictions. Mr. Tecca advised that it would be signed within 50-100 feet of the corner to prohibit overnight parking. Councilman Alongi stressed the need to make arrangements for truck parking to allow areas off the right-of-way which will not obstruct the views. Mr. Tecca explained possible alternatives. Mayor Pro Tem Dominguez stressed the need to consider the area, particularly with kids walking to school in the area and trucks starting up early in the morning disturbing the residents. Mayor Washburn commented that there are no sidewalks in this area making it more hazardous MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-59. RESOLUTION NO. 92-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON LAKESHORE DRIVE. 46. City Council Committee Assignment Discussion .-I Requested by Councilman Winkler. (F:44.1) Councilman Winkler stated that he has concerns with the existing committee system. He further stated that the Elsinore Valley Municipal Water District has abolished their committee system and gone to more frequent study session with much success. He suggested that study sessions might be the best way for Council to communicate their opinions to each other on the variety of issues pre.ented for their consideration. Councilman Winkler expressed particular concern and confusion with the recent vote on the annual L'implementation of the Street P fighting and Landscaping p g Maintenance n enance District. He stressed the point that the District was detailed in the 1992/93 Fiscal Year Budget which was approved unanimously. He further expressed concern that the lack of this District PAGE TWENTY-SIX - CITY COUNCIL MINUTES - AUGUST 11, 1992 would cause a million dollar shift in the budget and could impact the public safety portion of the budget. He stated that without this assessment the City landscaping and parks would go dry and in order to maintain them, and the City's investment, the monies would need to be shifted from somewhere else in the budget. He further stated that because of the Lighting and Landscaping District more money was available for public safety. Councilman Alongi stressed his respect for Councilman Winkler, but clarified that during his campaign he stated that he would not vote for any more bond issuances, assessment districts of Redevelopment Agency assistance. He suggested that the parks need to be taken care of by the developers. He expressed concern with the committee item and indicated that this should have been discussed or more information provided for Council consideration before it was brought to the table for discussion. He requested an apology from Councilman Winkler. Councilman Winkler explained that he felt that listingthe item on the agenda was fair notice. He again questioned the passage of the budget in contrast to the negative vote on the Lighting and Landscaping Assessment District with no explanation as to why the issue received nay votes. Councilman Alongi explained that he is working for the best interests of the community. Councilwoman Cherveny stated that she felt tha t the issues of co mmittees were not properly discussed. Councilman Winkler stated that if any Councilmember had a problem with any portion of the budget, then it should have been discussed at committee level or at the time that budget was brought to Council on the Agenda. He stated that if those concerns were addressed at that time the budget could have been reevaluated. Councilwoman Cherveny expressed her concern in regard to the tracking of votes, and stated other Councilmembers should consider their own votes as well . She pointed out the votes that were cast regarding the Ambassador Hotel and the Downtown Parking issues which other Councilmember should consider. Councilman Alongi questioned the Mayor's committee appointments and the number of committees each Councilmember sat on. He clarified that as a new Councilmember he was learning and his decisions are based on his current j level of understanding. PUBLIC COMMENTS NON-AGENDIZED ITEMS Robert Houts, 32946 Rose Avenue, President of Vista Del Logo and on the Board of Directors for Southshore Homeowners Association brought up the question of a letter from the City Council granting their launch rights from their property when the City assumes control of the Lake. He stated that this letter had been requested before and that there had been no action taken at this time. He urged Council to produce the letter. Mr. Peter Dawson, 18100 Grand Avenue, commented on the formation of a Lake Advisory Committee, and the request that he sit on the committee to represent lake front homeowners along with persons from other interested groups and wished Council to know that he was looking forward to working on this committee and felt that the interests of his groups and the interests of the City are compatible. Herlinda Alberti , 33120 Stoneman, Save Our Kids organization addressed Council with her concerns for the youth of the community and urged Council to provide more activities for the youths. Dan Hopkins, explained the goal of Save Our Kids and stated that their main i PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - AUGUST 11, 1992 function is to help provide an alternative environment for the youth to experience and to show the youth that the community does care. Edith Stafford, 54 Elm Street, questioned Council in regard to Robert's Rules of Order and the rules that Council follows. City Attorney Harper explained that the Council recognizes a combination of Robert's Rules as well as others for meeting procedure. Mrs. Stafford explained that she felt that the City Attorney should have called a point of order and further stated that the item regarding committees was a trick item to trap some of Council . Christine Hyland, 15191 Wavecrest Drive, questioned the Redevelopment Agency loan for the building in which the Mayor is in and questioned the policy of the City in regard to collections on loans. She further expressed her opinion in regard to Mr. Strigotte's motives for the recall movement and questioned Commissioner Brinley's right to make statements regarding the proponents of the recall movement. i Al Ewing, 114 1/2 Poe Street, asked the public to be patient with the recall efforts and questioned members of Council in regard to their personal conduct. Thomas B. McCutchen, expressed his appreciation of certain members of Council and suggested proper use for Redevelopment Agency funds. Arthur Chaskin, 18949 Grand Avenue, expressed his concern with the lack of activity which is provided for youth and questioned the City in regard to stopping the Assembly of God Church from providing free lunches at City park. He also criticized the vote on the vicious dog issue. Michael Warenski , 121 S. Pennsylvania, called for unity on Council and asked for the meetings to be opened with prayer. Joy Porthunder, 115 S. Spring Street, expressed her disappointment with the Council and advised that she would not be attending any future City Council Meetings. Leon Strigotte, 216 Chaney, criticized the negative group in the audience and questioned members of Council regarding their preparation for Council Meetings and their understanding of the need for financing for necessary projects for j the City. He expressed his concern with the Community when all five Councilmembers are subject to recall . CITY MANAGER COMMENTS City Manager Molendyk reminded Council of their upcoming Study Session on Law Enforcement scheduled for Thursday, August 13, 1992. He advised that in an effort to provide more local identity, the local police cars and uniforms have been modified to more clearly identify the City of Lake Elsinore. Mr. Molendyk thanked Mark Dennis and Janet Matson for their assistance in the shift of Council meetings to the new location at the Elsinore Valley Municipal Water District. He also thanked staff for their work in this move. CITY COUNCIL COMMENTS Councilman Alongi addressed the comments of Mr. Strigotte and advised that Mr. Freeman was here because he (Mr. Alongi ) had brought him here. He further advised that Mr. Freeman had not been allowed to submit his project until he had met with him and talked about his theater proposal . He commented that Mr. Freeman had discussed redevelopment and asked Mr. Strigotte how many low income houses were built, how many streets were done; and stressed that those were the purposes of redevelopment money. He further commented that Mr. Strigotte did not know what he was talking about and suggested buying time to debate on local television. Councilwoman Cherveny presented the new City Economic Brochure and commended Assistant City Manager Rogers for her efforts. She commented that this PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - AUGUST 11 , 1992 brochure entitled "A City in Transition" would be used for the City as well as the Redevelopment Agency. Councilwoman Cherveny advised that she was served this evening with her recall papers. She commented that she was prepared to make a public statement that she was against recall , particularly her own; she noted that Leon Mr. Stri ( gatte) signed it, but found it interesting that Bill Starkey, who recently spoke against recall at the podium, served it on her. She further commented on the voting of this meeting and the number of unanimous votes. She advised that the Public Safety Committee while it is still in force meets on the first Tuesday of each month at 9:00 a.m. at City Hall and invited the publci to attend to present concerns. Councilwoman Cherveny thanked Elsinore Valley Municipal Water District for the use of their board room and hoped for improved City/District relations Councilwoman Cherveny commented on the "Council bashing" of this meeting and expressed disappointment, as she began with great hopes of participating on the Council . She further commented on a Mayors and Councilmembers meeting which she attended in Monterey and what she felt was an opportunity for team building, however, it was not successful . She advised that she asked the City Manager to coordinate a facilitator to come in and help the Council work through some of the difficulties bu t she ha s not et receiv ed ved and answer back. She commented on the impact of five councilmembers beingrecalled. She addres sed Mr. Strigotte s comment on Study Session and suggested that as the former Mayor he should know that Study Sessions are public meetings. She stressed that the Council action is done publicly. She apologized for the conduct of the Council at this meeting. Councilman Winkler addressed Councilwoman Cherveny's comment on Council bashing, and commented on the number of times he has seen her criticize the rest of the Council in the press recently. He suggested that she takes every opportunity to criticize at least one other member of Council in the press, and advised that he is very aware and very tired of it. He commented that he had given her every opportunity and gone out on a limb in asking her to be the R.D.A. Chair and on the finance committee. He further commented that upon her election he wanted to put other issues aside and examine the Marks-Roos issues for problems and obtain independent studies, however, he has not heard anything about that. He also commented that the Council had gone through the budget process and some tough decisions were made at that time, but he felt she had backed out on other tough decisions; which he felt was two faced. Councilwoman Cherveny suggested that Mr. Winkler should have read her campaign brochure. Councilman Winkler stated that some of the things that were discussed at the budget session and approved with the Landscaping and Lighting District are now being backtraked on. He further stated that he never heard anything on Marks-Roos funds and Councilwoman Cherveny voted on them for Pardee when it went through with a 5-0 vote. He also stated that he was willing to make the tough decisions and then he read that Councilwoman Cherveny did not realize that she was voting on an $8-1/2 million bond issued. He expressed his willingness to stand behind his own tough decisions without backtracking. He expressed concern with the rhetoric from Mrs. Cherveny; and with picking up the paper to find comments about the rest of the Council and hearing that she is the one who feels hurt. He advised that since he is aware that he usually speaks after Mrs. Cherveny, he wanted the oppotunity to bring up his concerns with the vote on the Landscaping and Lighting District under an agendized item so she would have an opportunity to respond. Councilman Dominguez advised that he and Councilman Alongi had attended a Downtown/Main Street Conference in San Jose, the prior Wednesday-Friday; and they found that for a Community the size of Lake Elsinore, our programs are way ahead of cities the same size as well as much larger ones. He further advised that other cities recognize Lake Elsinore and the progress the City is making and they gave many favorable comments. He also advised that many of the i PAGE TWENTY-NINE - CITY COUNCIL MINUTES - AUGUST 11, 1992 programs others are trying to implement for downtown areas, Lake Elsinore has already initiated. Mayor Pro Tem Dominguez supported Councilman Winkler's recommendation regarding Study Sessions. He suggested that Study Sessions will help make opinions know and resolve issues. Councilman Alongi concurred with Mayor Pro Tem Dominguez on the seminars in San Jose; he found them interesting and enlightening. He commented to Councilman Winkler that the bond issues previously addressed with Councilwoman Cherveny realted to CFD 88-3 which was already in place. He further commented that this vote was for continuing the program; and voting against it would have made no difference, since it would have continued anyway. He also commented on the tricks of the Council and people like Mr. Strigotte, to attempt to miss direct and cause misunderstanding of what is happening. Coucilman Alongi addressed the Mayor and Councilmembers Seminar in Monterey, and advised that he anticipated that the Mayor would go and participate with the new Councilmembers and they never saw him. He commented that the trip was ! expensive and they should have had the leadership of the Mayor. He further commented that possibly his company wasn't adequate and that he did not appreciate this insult to his wife. He stated that he would never attend any meeting that the Mayor is involved in, and suggested that the Mayor should step down from the position of Mayor. Councilman Alongi address Mr. Strigotte and the recall paper received this date; he advised that he had worked eight years to be elected to Council and spent some $20,000. He further advised that after losing his son eight years ago it was not as important to see him present as to see Mr. Strigotte present. He suggested that Mr. Strigotte prepare for a fight and that the statements on the recall papers would better be addressed to Mr. Strigotte. He commented on Mr. Strigotte's four years on the City Council and expressed particular concern that there had not been a Police Department, the Lakeshore Bridge had not been replaced, developers who were developing in the area should have paid, the loan to K-Mart. He suggested taht it would have cost $l million for the bridge which is no $4-1/2 million. He questioned the appropriateness of Mr. Strigotte leading a recal . He also questioned the recent appointment of Planning Commissioners and levels of experience. He stressed that the Mayor had not advised the new Council of his proposed selection prior to the City Council Meeting; nor was he advised of the Lake Advisory Committee. He commented on his request to Mr. Winkler that he accept the position of Mayor to show that the Council could work together, which was he did not accept. Mr. Alongi further commented that the voters did not want Mayor Washburn, Will Buck or Bill Starkey at the last election. He reiterated to Mr. Strigotte that he would not give this job up for any one. Councilman Alongi then addressed Donald Burnell and suggested that he spreads lies and rumors in the Community, and is not to be trusted. Councilman Alongi then addressed the pot-bellied pig ordinance and stated hat he would make the decision based on what is good for the Community. He stated that he would loose no sleep over the recall and if the signatures can be obtained then he would deserve to be recalled. He advised that he would state his opinion, whether or not that opinion is appreciated. He further advised that he has spent many hours with the City Manager asking him for ways that he can work with the Council , and stressed that to date his attempts to work with the Council have not been met with cooperation. He indicated that the community deserves a Council that works together and if the community feels that he is interfering with the Council then they may recall him, however if they feel that he is doing a good job then they may take the recall papers to Wildomar. Mayor Washburn stressed that we live in a democracy and the Council is a democracy with a 3-2 vote being a majority rule, not a minority rule Council ; just like all the rest of the State and Federal organizations. He clarified that he has called and spoken with Councilman Alongi and did sit with him at the conference. He expressed concern that the newspaper articles and negative PAGE THIRTY - CITY COUNCIL MINUTES - AUGUST 11, 1992 i comments hurt the community. He stressed that his primary concern is for this Community and he does not aspire to higher office. He also stressed that he has no axes to grind, only a vision for what is best for the City. He challenged the City Council to focus on the betterment of the Community. He addressed earlier comments regarding the need for a theater, and advised that th e Cityhas been working in very hard at getting one 9 y g g however, the recession has not assisted that effort. He detailed the prior communications toward the development of a theater. Mayor Washburn addressed the newpaper report with regard to his involvement with delinquent payments on a loan; and advised that he did not sign those loan papers for R. E.W.S. , his ex-partner did. He further advised that the delinquencies had occured after he left that partnership. He indicated that this was not special favoritism. Mayor Washburn also addressed a recent letter to the editor from Councilwom an C ery h eny, and indicated that Councilwoman Cherveny was not the only person who brought an increase in Taw g enforcemen t in this Community. He stressed the efforts of past Councils to increase these hours as well , and indicated that even Councils to come will need to provide more increases. He advised in relation to comments about Sizzler, that economic development is the lifeblood of any community because it pulls tax dollars. He also indicated that the assessment charged to Sizzler were the responsibility of the Water District, not the City. He stated that the City is moving forward and workign toward a better relationship with the Water District and maybe future efforts can be better coordinated. Mayor Washburn stressed that the largest economic development asset is the Lake and he believes the right steps are occuring with the Lake. The Assembly Bill has been approved by the Governor, and we are in a transition phase now. He has selected individuals from throughout the community, who best represented the business community both unincorporated land owners as well as businesses within the City Limits of Lake Elsinore. And they will , be effective in helping guide the Community through the transition phase and to put into place recreational programs and events that will again capitalize the resource that is the Lake itself. He stressed that a misspent resource right now is a lot of attacking by the Councilmembers to other Councilmembers. He further stressed the need to better focus energies. City Attorney Harper requested a Closed Session to discuss pending litigation with Gurrola and potential litigation. THE CITY COUNCIL MEETING WAS RECESSED AT 10:39 P.M. THE CITY COUNCIL RECONVENED AT 11 :20 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 11:20 P.M. TO DISCUSS PENDING LITIGATION WITH GURROLA AND MATTERS OF PENDING LITIGATION. THE CITY COUNCIL RECONVENED AT 11:55 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL ,:FETING AT 11 :56 P.M. F i F GA Y�4 . WASHBUR MAYOR CITY OF LAKE ELSINORE A' i EST VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, AUGUST 13, 1992 CALL TO ORDER Mayor Washburn called the Study Session to order at 3:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE DISCUSSION ITEMS 1 . Law Enforcement (F:127.2) City Manager Molendyk introduced Captain Wayne Daniel and Chief Bob Doyle and detailed the organizational structure of the Sheriff's Department. Mayor Washburn commented briefly on the recent concerns for service and local identity. City Manager Molendyk advised that he had relayed the concerns with responsiveness, County Procedure vs. City Procedure and crime reporting to Chief Doyle recently. Mayor Washburn advised that there is some confusion with the reporting districts. Captain Daniel explained that previously there have been only two reporting districts for the entire City making specific statistics difficult to pinpoint. He further explained that the City has now been broken into nine reporting districts to assist in this area. He also explained the variables by which these districts can be researched with the computer. He detailed the method of assigning "beat" areas with primary and secondary assignments. Chief Doyle clarified the primary 'and secondary coverage assignments and flexibility within those areas. Mayor Washburn questioned the time element and the ability to allow more time in an area for recognition between officers and residents. Chief Doyle emphasized the importance of rotating the officers so they are familiar wiht the entire City. Councilwoman Cherveny questioned the number of cars on duty and how the beats are divided. Captain Daniels detailed the number of cars on duty in a 24 hour period and the possible coverage areas. He stressed that they can not staff for possibilities, however do plan the shifts and coverage to meet the need for coverage based on statistical data. Chief Doyle commented on the prioritization of calls and stressed the relationship between priority level and response time. Councilman Dominguez questioned the type of calls and the timing of calls between midnight and 2 a.m`. Chief Doyle explained that the incoming calls peak at approximately 7 p.m. and decline from there. He further explained that the midnight to 2 a.m. time frame is typically the lightest time for called for services. City Treasurer Pape questioned the deployment levels. Captain Daniel detailed the deployment with 2 officers from 2 a.m. to 10 a.m. and 4 PAGE TWO - CITY COUNCIL MINUTES - AUGUST 13, 1992 officers the rest of the day. Mr. Pape inquired whether this is sufficient. Captain Daniel explained that this depends on the level of service wanted. Chief Doyle commented on the improvements which have occurred in this community and the impact on the sheriff's ability to serve the City. Councilman Winkler questioned the statistics presented. Chief Doyle advised that with the latest amendment the City has 20 officers. He further advised that the current level of service in the County areas in .90 per 1000, while the City is currently maintianing a level of 1 .0 per 1000. He pointed out that a number of cities are backing off of public safety due to economic constraints. Councilwoman Cherveny questioned the cuts in other cities. Mr. Doyle advised that he is aware of 5 officers to date. Councilwoman Cherveny inquired when the City's two new officers could be expected. Mr. Doyle explained the recruitment process and training. City Treasurer Pape asked if this time could be reduced by taking officers from other cities' cutbacks. Chief Doyle explained that this could potentially help, but he explained other factors of timing for this type of transfer. City Manager Molendyk emphasized that the Council would like these officers as soon as possible. Chief Doyle advised that he would expedite these positions as much as he could. Mayor Washburn requested as much advance notice as possible so the Council can announce the increased level of service. City Manager Molendyk reminded the Council that the timing for new officers is much quicker through the Sheriff's Department than it would be with an independant department recruiting on an as needed basis. Councilman Alongi questioned the impact of the new officers and what additional visibility could be provided by these positions. He also questioned the ability to provide more visibility in problem areas. Councilmmn Winkler suggested that Council look at planning ahead at least 6 months to allow time for obtaining new officers. Chief Doyle clarified that he needs the letter of intent before he can proceed with recruitment. Captain Daniel provided statistics on response time with the average for all called for services being 6.3 minutes. with average investigation time running about 34 minutes. Mayor Washburn inquired if the number of officers are increased, what would be recommended to create more visibility. Captain Daniel suggested bicycle patrol , etc. Councilman A1ongi questioned the arrangement of beats and whether the coverage areas are adjacent. He also questioned ways to increase patrol time. City Manager Molendyk commented on the abiltiy of Council to provide input to the Sheriff's Department on use of the target team. He also commented that it may be necessary to exclude certain types of enforcement. Chief Doyle clarified the processing and prioritizing of calls. He also confirmed that based on specific information, the target team can be utilized in problem areas. Mayor Pro Tem Dominguez commented on the conference he attended in San Jose and information presented regarding the use of reserve officers. Chief Doyle advised that the County now has over 2,000 reserve officers which are utilized as much as possible; the City currently has approximately 12-14 reserves. Chief Doyle also explained the training levels of reserve officers. Mayor Washburn commented on the new 800 mhz system. Chief Doyle offered a demonstration of this system to the Council. Mayo Pro Tem Dominguez further addressed reserve officers and suggested I PAGE THREE - CITY COUNCIL MINUTES - AUGUST 13, 1992 that possibility of paying the officers. Captain Daniels advised that this is already being done in some other areas. Councilwoman Cherveny questioned recruitment of reserve officers. Captain Daniels adviJd that there is really an ongoing recruitment. Councilman Alongi commented on neighborhoods experiencing substantial increases in crime and questioned options to address this type of situation. Councilman Dominguez commented that he would like solution for this as well , particularly in the downtown area. 2. Downtown Enforcement Captain Daniel advised that the Downtown area is a Primary beat in which the officer only leaves if necessary to cover a secondary beat. He detailed the statistics being noted in this area, and commented that a decline in drug related problems is being seen. City Manager Molendyk commented that particular concerns have been noted with burglaries downtown over other areas. He further commented that an interest has been expressed in supplemental enforcement through reserves or private security. Councilman Dominguez advised that he now believes reserve officers would be the most appropriate use for the downtown area. Mayor Washburn inquired what the feasibility of this would be. Captain Daniels advised that last year approximately 1,450 hours of reserve time were utilized in the City. City Manager Molendyk inquired if these officers would be appropriate for working a beat downtown. Captain Daniel advised that level 1 officers would be appropriate. Further discussion ensued regarding use of reserves and the limitations. Councilman Dominguez requested a report on the possibility of a bicycle program. 3. Truck Routes City Manager Molendyk addressed specific concerns in the downtown area with large trucks making deliveries, as well as trucks in residential areas. He suggested that it might be most appropriate to address this on a City-wide basis rather than case by case. Mayor Pro Tem Dominguez stressed that the downtown was intended to be a primarily pedestrian area; with the alley to be used for deliveries. Mayor Washburn commented that the call -to-call situation does not allow time for enforcement of truck routes and related issues. Chief Doyle commented that parking restrictions need to be used in addition to truck route designations. He further commented that this some times means amendment of existing sign codes. Captain Daniel commented that the intent had been for loading and unloading on side streets or in alleys; however the State Code allows for loading and unloading. City Manager Molendyk commented that the biggest problem with trucks on Main Street is the turning radius. Captain Daniels suggested that contacting the business owners to have suppliers delivery diffently might be the best solution. Chief Doyle suggested the possibility of a letter on Sheriff's Department letterhead on behalf of the City to the business owners. Public Services Director Tecca indicated that it is possible to limit the hours for loading and unloading and suggested that maybe the loading and unloading could be prohibited completely. Councilman Alongi questioned the ability to deliver from alleys, as some stores do not have alley access. Mayor Pro Tem Dominguez stated that access is available. Mayor Washburn questioned the impact on the merchants. Chief Doyle advised that the Sheriff's Department would be i PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 13, 1992 willing to review the situation. Councilman Dominguez expressed concern g p n that the truck route signs were being ignored. MAYOR WASHBURN CALLED A RECESS AT 4:40 P.M. MAYOR WASHBURN CALLED THE MEETING BACK INTO SESSION AT 4:47 P.M. City Manager Molendyk stressed the need for an overall master plan. He also suggested that the street sweeping program be reviewed to determined that the signs are correct, but reaffirmed that tickets are valid during the posted hours. Captain Daniels suggested other parking restrictions which might be helpful such as height restrictions where visibility is an issue, parking of trailers, parking of big trucks on private property, permit fees, etc. City Manager Molendyk added that some cities have no parking between 2 a.m. and 6 a.m. Councilman Alongi inquired with regard to street sweeping tickets, whether code enforcement officers check the signs posted in the area before issuing a ticket. He particularly addressed Pottery Street. Captain Daniels commented that some areas may be missing signs, but generally they are strategically placed in each tract. Councilman Alongi stressed the need to get the Community to work with the Sheriff. He commented that he doesn't feel the patrol car should follow the street sweeper, instead it should proceed it so the street gets clean. He stressed that it is important to identify areas where signs are missing and replace them and if necessary increase the number of signs posted. Public Services Director Tecca advised that the signage had been reviewed in depth approximately one year ago and adequate signs were in place, however, it might be good policy to increase the number of signs for visibility. Councilman Alongi again stressed the need to increase the number of signs. Captain Daniels added that the every other week sweeping needs to be clarified. Public Services Director Tecca advised that the program is currently being revamped and the signs will .be updated soon. 4. Other Mayor Washburn commented on planning underway for the new Police Facility and suggested that the City might need its own 911 system. He inquired if filing through the Sheriff's Department to F.C.C. would be necessary. Chief Doyle advised that he would investigate this process. Mayor Washburn requested an update on the Police Facility. City Manager Molendyk advised that the architect is working on it and he will need to check on it. Curfew City Manager Molendyk questioned the effectiveness of a curfew to curtail and resolve gang related problems. Chief Doyle advised that curfew is a difficult issue due to changes in the law in 1989 or 1990. He explained that they are prohibited from detaining juveniles for certain codes including curfew. He further commented that actions are also limited in dealing with runaways. Councilwoman Cherveny requested clarification as to whether curfew even exists any more. Chief Doyle clarified that technically it does not exist. Discussion ensued with regard to the ability to fine for violations and the ability to collect those fines. Councilman Alongi questioned the number of juveniles out after curfew. City Manager Molendyk explained that there are specific problem areas such as Machado Park, Joy Street, etc. Councilman Alongi questioned the ability to adopt an ordinance targeting specific areas. City Manager Molendyk furt er explained that in the parks and beach areas they are signed for limi� ed hours. Councilman Alongi expressed concern with law abiding J PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 13, 1992 citizens being cited for violations such as curfew just by their presence. Discussion followed regarding juveniles sitting in parks and around town after 10 p.m. and the reason curfew laws were originally developed. Also discussed was the new family situations and values. Chief Doyle stressed the limitation on addressing specific elements of society because of civil rights issues. He further stressed that specific crimes such as vandalism/graffiti can be addressed to help curtail some of the problems. Councilman Alongi questioned the ability of the City to make parents more responsible, particularly through the use of fines. Mayor Washburn inquired what alternatives exist for the City/Sheriff to be j more proactive and what programs the Sheriff's Department might be considering. Chief Doyle commented on the gang identification system and the associated officers and programs. i Councilman Alongi questioned the cost of Community Services Officers and suggested that they be considered for an alternate form of security. He further questioned the ability to use the C.S.O. 's as extra eyes for the patrol officers. Chief Doyle confirmed that the C.S.O. 's are used in this way, however he stressed the difference in training, etc. between C.S.O. 's and Deputies. Councilman Alongi advised that he would like some options at the next budget review. Chief Doyle commented on the possibility of expanding the use of the target team as an alternative. Mayor Pro Tem Dominguez commented on public telephones and the ability to limit the calls to outgoing calls to prevent some of the drug related activities. Captain Daniels commented that this sort of program would need to be balanced to accommodate emergency situations. Mayor Pro Tem Dominguez stressed the need for educating the public in regard to this type of program. Mayor Pro Tem Dominguez questioned the availability of officers in the station on weekends and after hours. Captain Daniels advised that there is no one available, however the phone recordings now provide appropriate numbers to obtain assistance. Mayor Washburn suggested that there should be some consideration of staffing the new facility. City Treasurer Pape questioned jail facilities. Chief Doyle explained briefly that the existing holding cells in lake Elsinore are not adequate. Councilman Winkler questioned the impact of the City's abatement program and the results the Sheriff's Department is seeing. Captain Daniel advised that they have noted a positive impact. City Manager Molendyk stressed that the ability to prioritize the i enforcement is dependent upon money available. Councilwoman Cherveny questioned the possibility of using reserve officers to man the telephones. Mayor Washburn questioned other potential increases the Council could consider. Chief Doyle advised that they will provide whatever level of service the City Council wants. Councilwoman Cherveny questioned the flexibility of reporting within the new reporting districts and whether there would be summaries available by district. Captain Daniels advised that they could provide summaries of all called for services by month. Mayor Washburn suggested the future potential of tieing in to the City's GIS System to highlight the crime patterns and direct the target team. Discussion ensued with regard to particular information which would be helpful . Captain Daniels advised that he will have a weekly report. Mayor Washburn commented that in cases of apartment complexes with repeated problems he would like to see a system for billing the land owner and encouraging better property management. PAGE SIX - CITY COUNCIL MINUTES - AUGUST 13, 1992 City Manager Molendyk presented information requested by Council on the background for the new City of Murrieta Po lice Department. Chief p hief Doyle commented briefly on the new Murrieta De Department and stressed City should that a primary concern of any Y u d be the liability involved in Taw enforcement. He further stressed that there are trade-offs for any situation. It was the consensus of Council that Captain Daniel prepare recommendations on the items discussed including associated dollar amounts. Councilwoman Cherveny requested information that could be considered at mid-year budget discussions to place an early order for next year. Councilman Winkler commented that he has received good feedback on Deputy Rubio. Brief discussion on Neighborhood Watch programs followed. THE STUDY SESSION WAS ADJOURNED AT 5. 9 P.M. GARY WASHBURN, MAYOR CIT F LAKE ELSINORE 6VIC EST: KI KASAD, CI , CLERK CITY OF LAKE ELSINORE I Y MINUTES JOINT SPECIAL MEETING CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 18, 1992 - 3 : 00 P.M. 1 . CALL TO ORDER: The Meeting was called to order by Deputy City Clerk Bryning at 3 : 00 p.m. 2 . ADJOURNMENT• Deputy City Clerk Bryning adjourned the meeting at 3 : 01 p.m. for lack of a quorum. GARY WASHBURN, MAYOR Respectfully submitted Adria L. Bryni , Depu City C rk i r MINUTES JOINT STUDY SESSION CITY'COUNCIL/PLANNING COMMISSION i CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE. ELSINORE, CALIFORNIA THURSDAY, AUGUST 20, 1992 i CALL TO ORDER The Joint Study Session was called to order by Mayor Washburn at 3:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Alongi . ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY DOMINGUEZ, WASHBURN COMMISSIONERS: BRINLEY ABSENT: COUNCILMEMBERS: WINKLER COMMISSIONERS: BULLARD, GILENSON, NEFF, SELLEVOLD Also present were: City Manager Molendyk, Administrative Services Director Boone, City Planner Christen, Community Services Director, Engineering Manager O'Donnell and Deputy City Clerk. . DISCUSSION ITEM A. LAGUNA HEIGHTS SPECIFIC PLAN AND E. I.R. City Planner Christen explained the purpose of the Study Session and gave an overview of the project and addressed the annexation situation related to the project. Dr. K.S. Chen, Developer of the Laguna Heights project gave his perspective of the project and his hopes and dreams for the development the the area. Mr. John Gamlin of the Keitfi Companies presented the site characteristics and explained the amount of dwellings which are proposed for the project a-nd how the project will try to maintain the integrity of the natural environment, such as the oak woodlands and natural chaperal , and wildlife. He gave an overview of how the hotel and golf course will fit into the project and explained the challenge of traffic circulation and the integration of commercial uses located along Grand Avenue. Mr. Gamlin explained the exhibits and explained the different revisions which have occurred since the conception of the project. Mr. David Gottlieb of David Gottlieb Associates explained the responsibility of the developer to the future property owner as well as the responsibility to the surrounding property owners. He further stated the benefit¢ that will be experiences by the property owners, the City; and the surrounding property owners. He further explained the status of the draft Specific Plan and the preliminary Environmental Impact Report and stated that both should be ready for the public hearing procedure by the middle of October. Mr. Gottlieb further explained complex issue of annexation and explained the process. he further explained their meetings with the property owners adjacent to the project. i PAGE TWO - STUDY SESSION MINUTES - AUGUST 20, 1992 Mayor Washburn questioned Mr. Gottlieb regarding phase grading and asked if there was going to be a development agreement. Mr. Gottlieb stated that there would be phase grading and there would be a development Agreement. Councilman Alongi questioned the density of the project and the type of landscaping to be used. Mr. Gottlieb and Mr. Gamlin explained the density and landscaping in conjunction with the golf course. There was general discussion in regard to the ingress and egress to the project and drainage was discussed. Mayor Washburn then invited the property owners to speak: Mrs. Lea Routledge, 14505 Amorose Street, Steering Committee of the Brookstone Ranch resent a p letter to the members present and explained the property owners j concerns. She further explained that the road listed as Laguna Heights Drive is not a valid street because the property is privately owned, the drainage has not been adequately addressed to prevent flooding for both Brookstone and Woodhaven residents, density is a problem and annexation is not desired by the Brookstone Ranch Homeowners Association. Mr. H. John Kelly, 14845 Amorose Street, Steering Committee of the Brookstone Ranch, expressed his concern regard to negotiations with the developer and felt that the roads are a major concern. He further stated that a golf course next to an equestrian facility is not compatible due to the dangers. Mr. Philip Irving, 14867 Amorose Street, Steering Committee of the Brookstone Ranch, explained his concerns regarding traffic circulation and the proposed commercial site as well as drainage problems. He further expressed concern regarding bonding for that area. Councilman Alongi discussed the concept of compatible land usage and suggested that the developer but like use lots up against the existing developed property. He further questioned the lay out of the golf course. ADJOURNMENT The meeting was adjourned at •55 p.m. GARY WASH-BURN, MAYOR E Respectfully submitted, Adria L. Brynin eputy Cit lerk r i V I MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 25, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Christen, Community Services Director Watenpaugh, Public Services Director Tecca, Special Projects Coordinator Basham, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS CEREMONIALS A. Proclamation _ Lake Elsinore Animal Friends. (F:18.3) Mayor Washburn advised that he and Councilman Alongi had participated in an event with L.E.A.F. on Saturday and this proclamation was presented during that event. He explained that the event focused on the number of animals euthanized each year and ended with a candlelight vigil . He stressed the responsibility of animal owners to reduce this number. Mayor Washburn commented on efforts in conjunction with the Water District to remove the odor caused by algae in the Lake and on fish clean-up efforts. PUBLIC COMMENTS AGENDIZED ITEMS Mayor Washburn advised that he had requests to address the following items of this agenda: Item Nos. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1, 2, 4, 6 and 7. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 3. Received and ordered filed the Investment Reports for June 30, 1992 and July 31, 1992. (F: 12.E) 5. Rejected and referred to Claims Administrator the Claim submitted by Dwight Linger (CL #92-21) . (F:52.2) 8. Approved Final Tract Map 26142, Accepted Dedications and authorized the II PAGE TWO - CITY COUNCIL MINUTES - AUGUST 25, 1992 i City Clerk to record documentation for Wesco Homes. (F:160.2) 9. Approved Public Hearing date of September 8, 1992, for the following: a. Specific Plan 91-1 and Environmental Impact Report 92-3 - Elsinore City Center (Oak Grove Equities) . (F:150.2) ITEMS PULLED FROM CONSENT CALENDAR 1. Minutes (F:44.4) Councilman Alongi requested that all tapes be retained by the City Clerk at least one year due to the sensitivity of issues being discussed. City Clerk Kasad clarified that generally these tapes are retained for at least two years. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CITY COUNCIL MINUTES AS PRESENTED. a. Joint City Council/Planning Commission Study Session - August 4, 1992. (F:44.4) b. Regular City Council Meeting - August 11, 1992. (F:44.4) MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE PLANNING COMMISSION MINUTES AS PRESENTED. C. Planning Commission Minutes - August 5, 1992. (F:60.3) 2. L.E.A.F. Animal Control Activity Report = July, 1992. (F:18.2) Councilman Alongi reported that the number of animals turned in by owners and the number euthanized show large reductions on this report. He stated that he was pleased with these results. Councilwoman Cherveny advised the public that the pit bull recently found vicious by the City Council was destroyed because L.E.A.F. was not able to find a suitable home for the animal . MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR JULY, 1992. 4. Warrant Lists (F:12.3) a. July 31, 1992. Councilwoman Cherveny highlighted the Warrant Lists and indicated that the significant expenditures include payroll , Graham Avenue Construction $76,000, and $88,000 for Community Facilities District 88-3. b. August 14, 1992. Councilwoman Cherveny indicated that significant costs on this list included $80,000 issuance cost for Community Facilities District 88-3, $204,OOO for CFD 88-3 project costs, and $172,000 for the Sheriff's Contract. 6. Change Order No. 4 for Graham Avenue Widening Pr_ o.iect - DBL Construction. Inc. (F: 156.2) - Councilman Alongi requested clarification with regard to a chain link fence and whether it was in the public right-of-way. Public Services Director Tecca advised that the fence was not on public property. Councilman Alongi also questioned the damage to a sewer line and whether it was in fact crushed. Public Services Director Tecca advised that the problem was really not in the contractor's work area, but it was necessary PAGE THREE - CITY COUNCIL MINUTES - AUGUST 25, 1992 to expose the problem to determine exactly what had happened. He further advised taht a 6" pipe was attached to a 4" Y, which was not the fault of this contractor. He stressed that the costs to the City were only to expose the problem and the Water District paid for the actual repairs. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO APPROVE CHANGE ORDER NO. 4 FOR THE GRAHAM AVENUE WIDENING PROJECT. Councilwoman Cherveny clarified that her abstention was based on the location of her business. 7. Notice of Completion for Improvements of Graham Avenue - DBL Construction. Inc. (F:132.1) (X: 156.2) Councilman Alongi suggested that it might be appropriate to have members of the Council Public Works Committee participate in the final inspection on projects such as this to allow for all questions to be answered. Public Services Director Tecca advised that the final punch list had been completed, however, he would be willing to walk thru with the public works committee members. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO ACCEPT THE NOTICE OF COMPLETION. PUBLIC HEARINGS 21. Zone Code Amendment 92-1 (Amendment to Section 17.11, Central Business District Overlay and Establishment of the Central Business District Design Standards) - Ordinance No. 936. (F:172.2) City Manager Molendyk highlighted this item and detailed the recommendations. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:17 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:18 p.m. i Councilman Alongi suggested that Item No. 22 regarding Zone Code Amendment 92-2 and Ordinance No. 937 impact this item and Item No. 22 needs to be discussed before action can be taken on Item No. 21. City Attorney Harper explained that if Council so desires and since the public hearing on Item No. 21 has been closed this can be continued to allow for a decision on Item No. 22. Council concurred to hear Item No. 22. 22. Zone Code Amendment 92-2 �_v_ision of Title 17, Section 17.94 - Signs Advertising Structures) and Ordinance No. 937. (F:172.2) ! ! The City Clerk reported no written comments or protests. i Mayor Washburn opened the public hearing at 7:20 p.m. asking those persons interested in this matter to speak. The following person spoke: Leon Strigotte, 216 Chaney Street, questioned the exact location of the Overlay District. Staff provided a map of the Downtown Overlay District. City Attorney Harper clarified that the Overlay District is Item No. 21 and the public hearing on that item has been closed. He further clarified that this item addresses a redraft of the City Sign Ordinance and relates to the rules and regulations regarding signs and billboards throughout the City of Lake Elsinore. Mr. Harper advised that the previous public hearing which PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 25, 1992 i has been closed relates onlyto the Downtown Business uslness Distric t. Mr. Strigotte stated that Councilman Alongi owns a considerable amount of commercial property in the affected area and questioned Mr. Alongi 's ability to discuss and vote on these items. Mayor Washburn closed the public hearing at 7:26 p.m. Councilman Alongi clarified that for an item to be a matter of conflict it must have an impact of $10,000 on his personal business. City Attorney Harper concurred. City Attorney Harper clarified that the only Sections affected by Item No. 22 is 17.94 and the Sections which are affected by the Downtown Area begin with 17.11 . The are both in Chapter 17 but th ey do not overla p. Councilman Dominguez commented that existing signs that are in place will not be affected because they were in existence prior to this amendment and it will only affect the new permits or requests for changes to existing signs. Councilwoman Cherveny asked if anything that is currently in existence will be grandfathered in. Mayor Washburn explained that anything that is in existence prior to this ordinance will be considered existing non-conforming. City Attorney Harper explained that one of the purposes of amending this section is to bringing it as close to compliance as the City can with the rapidly changing requirements of the Constitution. He further explained that as this ordinance stands it will withstand constitutional scrutiny as ` the law is stated today. Councilman Dominguez questioned the 90 day time period of 17.94.110 - Temporary Political Signs. City Attorney Harper explained that this is consistent with the Federal Court decisions in regard to a reasonable amount of time. Councilman Alongi questioned Section 17.94.080 - Removal of Obsolete Signs referring to the signs which were approved by the Design Review Committee. He further stated if a business moved out it might be wise to allow the signs to remain to have Main Street appear more occupied. Councilman Dominguez explained that the sign is the business owners' responsibilityand that ever ne y w business that comes in must have their sign approved by the Design Review Committee. City Attorney Harper reminded Council the the property owner is responsible for the removal of the sign should the tenant business owner choose not to. He also reminded Council that the sign ordinance does not pertain only to only the downtown area but rather the entire City. Councilman Alongi suggested that it is better to have a good looking sign on a building rather than no sign on a vacant building. He stated that if the sign is old and needs to be removed that he has no problem with abatement. Councilman Dominguez explained that before a sign can go up the business owner must gain the permission of the property owner and the property owner is ultimately responsible. He further explained that as soon as that business leaves, the owner of the business should remove the sign; if he f does not then the property owner is responsible for the removal , and if € neither does the the City has to remove it. Councilman Alongi stated that he is not discussing signs which are in need of replacement or removal from age or damage, but rather signs which have been approved by the Design Review Committee and should remain up until a PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 25, 1992 new business moves in and mounts a new sign. Mayor Washburn stated that it should not be the City's responsibility to address new signs, but rather the property owners responsibility. He clarified with Councilman Alongi that his opinion is a sign is better than no sign. Community Development Manager Shear advised that in Ordinance No. 937 the section regarding Downtown Business District was deleted. He further advised that sign requirements which relate to Downtown Business District are found in Ordinance No. 936. i City Attorney Harper clarified that in Ordinance No. 937 the regulations for off-site advertising and billboards apply City wide. There is no exclusion for the downtown area. MOVED BY CHERVENY, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 936: ORDINANCE NO. 936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 17. 11 AND ESTABLISHING A CENTRAL BUSINESS OVERLAY DISTRICT. UPON THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 21. Zone Code Amendment 92-1 (Amendment to Section 17.11, Central Business District Overlay and Establishment of the Central Business District Design Standards) - Ordinance No. 936. (Continued discussion) (F:172.2) City Manager Molendyk explained that Council might wish to consider changing 17.11.050 by adding a sentence at the end of the paragraph stating that the Committee in to be dissolved and the Planning Department to follow the plan set by the Design Review Standards. He further stated that this would go into effect January 1, 1993. Mr. Molendyk stated that this would give the DRC the opportunity to refine the Standards and policies used by the Planning Department. He further stated that this would give the applicant the ability to have an appeal process through the City Council at a later time. City Attorney Harper suggested that Council may wish to have further discussion, but that the item may need continuance due to the fact that the Ordinance contains several references to the Design Review Committee and he will need to review and revise the entire draft ordinance. Councilwoman Cherveny asked for clarification of 17.11.070 in regard to existing structure or signage not in compliance with the Design Standards. She also inquired whether this would allow existing situations to be grandfathered in. City Attorney Harper advised that it would not. Councilman Dominguez requested that "existing" be changed to "new" in Section 17.11.070 - Compliance with Standards "B", or grandfather any signage or non-conformance which was in place when the Design Review Committee was formed. City Attorney Harper stated that if the intent is not for existing i f PAGE SIX - CITY COUNCIL MINUTES - AUGUST 25, 1992 I structures to be brought into conformance then paragraph "B" should be eliminated or the ordinance amended with a date specific. Councilman Alongi stated that he had some concern in regard to 17.11.060 "D" giving authority to the Design Review Committee for projects when they need to go to the Planning Commission. He further stated that there are several things which need inspection by the Building Department and to check that the items conform with the Codes. Councilman Alongi also questioned Section 17.11:060 in regard to uses. City Attorney Harper explained that the purpose of this Section was to enable the City to control the type and amount of usage. Councilman Alongi "B" and "C" should be removed because there explained that 17.11 .070 "A", is no grandf ather situation n which can cause a hard ship to persons who do not conform to the ne w standa rds. He further stated tha t he did not think that this was fair to the existing businesses. He also stated that this ordinance should be taken to a study session for rework to make it more fair to all concerned. Councilwoman Cherveny commented that the purpose of the ordinance is to bring everyone into compliance and end problem situations which have been in existence for a long time. Councilman Alongi stated that he is in agreement with Councilwoman Cherveny's opinion but still felt it was up to the property owner to seek low interest loans through the Redevelopment Agency and improve as their business allowed. He asked if the amount exceeds one thousand dollars if the City would abate the problem and kick the business out. He further questioned the purpose and action of the ordinance. City Attorney Harper explained that if the sign does not comply with the standards then as the ordinance is presently worded that will occur. The amendment suggested by Councilman Dominguez would change that to some degree. MOVED BY ALONGI AND FAILED FOR LACK OF A SECOND TO BRING THIS ITEM BACK AT A LATER DATE AFTER A STUDY SESSION. Councilwoman Cherveny stated that she would like to see this issue resolved. F Councilman Dominguez stated that he would like to see it brought to the date when the District was adopted and take the ordinance from that time on. City Attorney Harper stated that unless there were a category of signs placed after the guidelines, but without approval , then there is no issue. Therefore all those signs after the original date of compliance, would be in conformance then there is no problem and that section can be struck entirely. He further stated that if this is to address those who don't comply then the ordinance should stay the way it is. Councilman Winkler asked if there were any business owners who would need improvements over one thousand dollars. Councilman Alongi stated that no other ordinance goes backwards and this one shouldn't either. Councilwoman Cherveny asked if Section 17.11 .070 could be struck in its entirety. City Attorney Harper explained that this could not be removed without losing the point of the ordinance. He also explained that the purpose for introducing this ordinance is that the previous Standards were guidelines and only guidelines with no enforcement mechanism. Mr. Harper further explained that the purpose of this ordinance is to set standards that can be enforced through the nuisance abatement procedure. I PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 25, 1992 Councilman Winkler explained that he approves of bringing things into compliance, including existing structures and he stated that he has concern for the hardship that can be caused to the business owner and suggested a longer time period to give the business owners the opportunity to comply. He also suggested that they could come back to Council if further time is needed due to hardship. Mayor Washburn suggested that the time frames go to one year for improvements under $1,000 and two years for improvements over $1,000. City Attorney Harper asked if it was the Council 's intent to abolish of the Design Review Committee and possibly bring it back at a later date. He stated that this ordinance will have to be brought back because it is not possible to redraft the document at this time. Councilwoman Cherveny stated that she could agree with the 1 year, 2 year compliance date as long as "C" is still in the ordinance. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 936 WITH SECTION 17.11.070 "B" UNDER COMPLIANCE DATE TO READ (i) ONE (1) YEAR FROM THE DATE OF ADOPTION AND (ii ) TWO (2) YEARS FROM THE DATE OF ADOPTION: ORDINANCE NO. 937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.94 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCLLMEMBERS: NONE i 23. North Peak Development Agreement :� Ordinance No. 938. (F:68.1) The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:55 p.m. asking those persons interested in this item to speak. The following person spoke: Brian Meyers, TMC Development, representing the North Peak Planned Community, gave an overview of the project and explained that the purpose of this discussion is a Development Agreement for the project. He detailed the proposed agreement and explained that the main issue not resolved by the Planning Commission pertains to Fire Station Improvements. Mr. Meyers commented that this project is of benefit to the entire community and encouraged the City Council 's approval of the agreement. City Attorney Harper advised that he was requested by Councilmembers Alongi and Winkler to review the potential for conflict. He further advised that his review indicates that Councilman Alongi 's property is located far enough from the development and would not have any other ties with the project, which would be in conflict. He also advised that Councilman Winkler's property is closer to the project, however that does not necessarily indicate a conflict. He explained that it would be at the discretion of the Councilmembers as to whether the project will have a direct material financial effect creating a conflict. Helena Holman, resident of Lake Elsinore, questioned how the determination is made as to how the Council will be affected financially to create a PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 25, 1992 conflict. City Attorney Harper clarified that he doesn't determine the financial aspects, however neither Councilman has property in the Specific Plan or Agreement area their g property is in p p y the general area. He further clarified the issue which the Fair Political Practices Commission would examine is whether or not the vote and the approval of the development plan will have a material financial effect on the value of the properties. He also clarified that the increase would have to be in excess of $10,000, however this impact is difficult to determine. He also clarified that this consideration addresses the development agreement document only. He advised that the ultimate decision with regard to conflict will rest on the individual Councilmembers. City Attorney Harper explained that Section tion 9.9 of the Development Agreement relating ating to the Highway 74 realignment, obligates the developer to particippte in some future alignment, but does not obligate any other property owners to participate. Leon Strigotte, 216 Chaney Street, commented that the project has been approved, but the project will not function nor develop without the development agreement and therefore could create a conflict of interest for Council . Councilman Winkler advised that he would seek a written opinion from the Fair Political Practices Commission in regard to this matter. Mayor Washburn closed the public hearing at 8:15 p.m. City Planner Christen detailed the prior considerations of this project and the staff recommendations. i Councilwoman Cherveny concurred with the Planning Commission recommendations and requested further discussion of the Fire Station commitment. She addressed page 9 of the agreement concerning school sites and the number of dwelling units going into the area. She stated that she felt there was an inadequate amount of acreage set aside for schools and questioned the need to provide a Junior High School in addition to the elementary schools. Mr. Meyers advised that the School District has established the type of schools and their locations, required of this development. Councilwoman Cherveny expressed concern with 2,000 homes being built in an area where there is no fire station close at hand. She indicated that she would like to see $500,000 set aside for equipment for the fire station, as well as an addition to the fire station to accommodate community based policing efforts. She requested the addition of $100,000 for police department equipment or facilities. Councilwoman Cherveny addressed an item on page 12 of the Development Agreement which states that the "City will assist the developer by providing its fair share of affordable housing by providing excess to available set-aside funds". She explained that at this point it was her understanding that the Redevelopment Agency does not have a set aside fund and it has been taken care of through projects providing low income housing. Mr. Meyers explained that this is not a requirement that the City do this, but rather a ;provision which allows TMC to share in those set aside funds for affordable housing. Councilman Alongi requested that the Council recess to study this document and clarify what is affordable housing and what is low income housing. MOVED BY ALONGI AND FAILED FOR LACK OF A SECOND TO CONTINUE THIS ITEM TO A STUDY SESSION. Councilwoman Cherveny stated that she would prefer to get through the document and complete this consideration. PAGE NINE - CITY COUNCIL MINUTES - AUGUST 25, 1992 Councilman Alongi expressed concern with Page 9 (a) Phase I Park, because it sets a limit on grading and if it exceeds the limit set then it must come back to the Council for a decision. Mr. Meyers explained that there is a condition in which the developer must deliver the Park to the City in a dedicated fashion, within the 2% grade requirement, including appropriate drainage. Councilman Alongi questioned Section 4. 1.4 - Park Sites. "D" (ii) , regarding the nature parks. Mr. Meyers explained that this would be strictly park dedication and would be untouched at this time; with an allowance for development at a later date. Mayor Washburn inquired whether the basis for this item was fair market value and questioned the determination for credit. Community Services Director Watenpaugh explained that the developer had requested a 20% credit during the Specific Plan process for the entire 230 acres of open space. At that time the Council placed a condition that a 25 acre portion of that be maintained for public usage, however it will remain privately owned so the public won't pay for maintenance. He further explained that this condition in turn gives a 25 acre credit against the Quimby requirements for acreage to be used toward park improvements. Councilman Alongi inquired whether staff has seen the park sites. Community Services Director Watenpaugh advised that staff has been on site and seen the general area of the terrain and examined the topographical maps of the site and the landscape architect has reviewed the site to estimate the costs. Councilman Alongi questioned the density of Section 4.1.6 - Affordable Housing and asked for an interpretation of affordable housing. Mr. Meyers explained that this is a requirement set by the State based on the median incomes in the County. He further explained that this was adopted by the City in their Housing Element of the General Plan and this section of the agreement is intended to conform to the Housing Element of the General Plan. Councilman Alongi asked where the low and very low income units will be placed. Mayor Washburn explained that the City can choose where these units will be placed and that is based on the Housing Element and Specific Plan. Councilman Alongi stated that he would like to see this agreement based on four year periods so that if this Council is not sitting on Council in four years, the new Council has an input on the project that goes forward. City Attorney Harper stated that the section pertains to the City's ability to tell them when and how they have to phase the project. He further explained that it basically leaves up to the Developer how he is going to go through the business of developing it through phases. Mr. Harper further explained that Council will be seeing every tentative map of every phase come before Council for decision and Council can impose changes at that time. Councilman Alongi questioned the amount of money that will be involved in Section 9.5 - Financing of Public Facilities and/or Services. City Attorney Harper explained that the general policy followed by Council has always been that assessments cannot exceed 2% of the property value, the improvements cannot be in excess of a 3 to 1 lien to value ratio of construction of the property and designate the specific public improvements to be constructed with where the dollar will go. City Manager Molendyk explained that this project is not in a Redevelopment Agency area therefore there is no increment involved. Mayor Washburn questioned Section 6.1.3 Grading, which provides the right to grade the property before the recording of the final map. He explained that his concern is waiting to do the grading in some proximity to the i PAGE TEN - CITY COUNCIL MINUTES - AUGUST 25, 1992 market place for immediate future development and not grade because there are potential habita t at concerns or mass grading and waiting for the market to open. Mr. Meyers stated that the purpose of that Section was to allow for a tentative map to proceed with a bulk grading plan which would allow for a head start for the infrastructures in Phase One. He also stated that Council will still have control of this, because Council will have to approve the bulk grading plan. Mayor Washburn explained that he concurred with the some of the concerns of Councilman Alongi and commended Planning Commission for their efforts. Councilwoman Cherveny asked if there are provisions for a bicycle lanes within the project. Mr. Meyers stated that there are provisions within the Specific Plan and within the conditions of the E. T.R. Mr. Meyers commented that the concerns regarding the fire Station at the Planning Commission level were the timing of the Fire Station and the cost of the improvements and what would be allocated to the Fire Station. He stated that the earliest that a fire station can be provided is at the time of occupancy of phase three. City Manager Molendyk stated that what Councilwoman Cherveny is asking for is consideration of one additional room or two parking s for p g aces P addition service provided. He further explained that this is not negotiation for fees, but rather the expansion of the building. Councilwoman Cherveny stated that she would like to see something specifically addressed in the agreement concerning police. She further explained that she wants to see an amount specific in regard to the developers contribution for equipment for police. Mr. Meyers advised that police fees are called out for law enforcement in the E. I.R. and if it is the desire of the Council that TMC add to the cost of the Development Agreement then he would request a continuance to get back to his staff and his board of directors to decide what impact this would have on the project. Councilwoman Cherveny asked if Mr. Meyers concurred with the request for the fire station as Planning Commission stated it. He stated that he did but that it was a matter of how it is funded. Councilwoman Cherveny explained that this amount would be 1.5 million dollars for the fire station and $100,000 for police. She further explained that this would mean an extra $600,000. Councilman Alongi advised that project creates no conflict in regard to his project and he further stated that he will vote on this item. THIS ITEM WAS HELD FOR LATER CONSIDERATION, TO ALLOW MR. MEYERS TO OBTAIN INPUT FROM HIS COMPANY. Mr. Meyers stated that after discussion with his company representatives it was agreed that Council 's request for an additional $600,000 for provisions for facilities and fire station was acceptable. He further reminded Council that there should be a revision to the language to require the facility to be delivered prior to occupancy of the first unit of phase three of the project. He further asked that since there is a provision for fire station improvements within the project that they get credit for any fire facilities fees, and that this $100,000 amount to be credited to any police facilities, not service fees but facilities fees. Councilwoman Cherveny suggested that the $100,000 not be called out for specific facilities due to the fact that only $50,000 may be needed for the facility and the other $50,000 could be used for a squad car. Mr. Myers concurred. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO APPROVE STAFF AND PLANNING COMMISSION RECOMMENDATIONS TO INCLUDE THAT THE TIMING OF THE FIRE PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 25, 1992 STATION AND POLICE FACILITY WILL BE PRIOR TO THE OCCUPANCY OF THE FIRST UNIT OF THE THIRD PHASE OF THE PROJECT AND THE AGREEMENT AMENDED TO INCLUDE $100,000 FOR POLICE; AND APPROVE ORDINANCE NO. 938 UPON FIRST READING AS FOLLOWS: ORDINANCE NO. 938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH NORTH PEAK PARTNERS. UPON THE FOLLOWING VOTE: i AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER BUSINESS ITEMS 31. Establishment of Stop Controlled Intersections High Street/Mill Street, Debra Drive Cristina Court and Cristina Court Michele Drive - Resolution No. 92-57. (F:162.2) City Manager Molendyk highlighed the staff report. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-57. RESOLUTION NO. 92-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 32. Conveyance of Stephens Kangaroo Rat LiKRI Mitigation Land directly from Homestead Land Devleopment to the Riverside County Habitat Conservation Agency RCHCA . (F:76.2) City Planner Christen explained this item. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DIRECT CONVEYANCE OF THE 560 ACRES OF SECTION 6, T5S, R5W FROM HOMESTEAD LAND DEVELOPMENT TO THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY AND AUTHORIZE THAT AGENCY TO FOLLOW THROUGH WITH THE NECESSARY PROCEDURES TO COMPLETE THIS TRANSACTION. 33. Deferral of Planning & Building Department Development Fees - J.P. Construction Co. (F:32. 1) Mayor Washburn stated that he is against this issue because it is in an area where the City is trying to upgrade and it would be an enhancement to bring this project on line. He further stated that this a simple assistance to give the developer to help clean up the area. Also, the money would eventually be recovered by a lien. Councilwoman Cherveny explained that she felt that the City should not set a precedence by changing or deferring fees. Councilman Alongi stated that due to the recession the City does need the money to operate and if we do it for one person we should do it for everyone. City Manager Molendyk explained that this item should also have be introduced to the Redevelopment Agency Board. Mayor Washburn explained that at E.D.C. this area was one of the areas that PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 25, 1992 was highlighted as most in need and until this time there has been no project to address the area. He further stated that this is a tool to assist and not a give away program. MOVED BY ALONGI, SECONDED BY CHERVENY TO DENY THE REQUEST FOR DEFERRAL OF DEVELOPMENT FEES. MOTION FAILED BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WINKLER AND WASHBURN CASTIN G THE DISSENTING VOTES. Councilwoman Cherveny asked what the appropriate collateral would be. Mayor Washburn explained that it would p bealien on the ra ert . p P Y Councilman Alongi asked how long this lien would remain on the project before it is given back to the City. Mayor Washburn explained that the lien would be paid off when the developer pulls his permits. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO I WITH CHERVENY CASTING THE DISSENTING VOTE TO DEFER THE DEVELOPMENT FEES IN THE AMOUNT OF $4,932.00 WITH THE POSTING OF APPROPRIATE COLLATERAL THROUGH A LIEN TO BE PAID BACK TO CITY AT THE TIME THE BUILDING PERMIT IS PULLED. 34. Special Events Permit Process/Fee - Ordinance No. 934 and Resolution No. 92-58. (F:151.1) City Manager Molendyk commented that because of recent court decisions he would request a continuance to a study session. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO A STUDY SESSION FOR FURTHER DISCUSSION. 35. Second Reading - Ordinance No. 935 = Relating �o Zone Change 91-7 - Mola Development. (F:172.2) MOVED BY ALONGI, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 935: ORDINANCE NO. 935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING SIX ACREES FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO M-1 (LIMITED MANUFACTURING) LOCATED AT THE SOUTHEAST INTERSECTION OF CHANEY AND MINTHORN STREETS (ZONE CHANGE 91-7 - CHANEY BUSINESS PARK) ; MOLA DEVELOPMENT. UPON THE FOLLOWING VOTE: AYES: COUNCILMEMBER$: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 36. Request for Waiver of Processing Fee for Activity Permit at 31050 Riverside Drive 12 S_tep House cf Lake Elsinore) . F:151.1 Mayor Washburn advised that he had a request to speak. MOVED BY ALONGI TO DEFER THIS ITEM UNTIL THE ORDINANCE REGARDING SPECIAL EVENTS IS COMPLETED. City Attorney Harper commented on the special events permit process and related fees and insurance requirements. He clarified that this event has already occured and this is a reimbursement request. COUNCILMAN ALONGI WITHDREW HIS MOTION. MOVED BY ALONGI, SECONDED BY CHERVENY TO REFUND THE FEES AS REQUESTED. PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 25, 1992 Shain Heygood, representing 12 Step House, advised that these fees were paid up front to facilitate the event on short notice. She explained the work of this organization which deals with substance abuse recovery. She further explained that they are currently looking for a new location and the reimbursement of funds would be greatly appreciated. Councilwoman Cherveny advised that she is familiar with the work of this organization and they are doing a good job. Mayor Washburn advised Ms. Heygood that the City does support a Human Services Center and suggested that adequate space might be available there. Staff clarified that there was not adequate space. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH WASHBURN CASTING THE DISSENTING VOTE AND DOMINGUEZ ABSTAINING TO REFUND THE FEES AS REQUESTED. 37. Downtown East Assessment District. (F:22.3) City Manager Molendyk gave an overview of the proposed district and the efforts which have been pursued thus far. He indicated that BSI was contracted to study this situation and the report shows that the area between Prospect and Heald should be the first target area, to include up-grading of the sewer and water systems which are in poor condition, reconstruction of streets, curb, gutter and sidewalks and undergrounding of overhead utilities. Public Services Director Tecca explained that the improvements that are to be done behind City Hall are inclusive of the curbs and gutters, sidewalks and utilities that are compatible to this area. Dennis Klingelhofer, BSI, explained that in April of 1991, BSI was contracted to prepare a feasibility study to consider the formation of a benefit assessment district in an area which is known as the Downtown East Area to provide a source of funding for the reconstruction of infrastructure. Councilwoman Cherveny stated that she would like to have a study session to give more consideration to the type if program that is being proposed. Councilman Alongi stated that he concurred with Councilwoman Cherveny and would like to give the matter further consideration and see how it would affect other proposed projects in the City. Mayor Pro Tem Dominguez stated that he felt that the other utilities had already addressed the issue and that work should go forward. Councilman Winkler stated that he felt that staff should proceed with the steps necessary to create an assessment district as this project has been in process for over a year and study sessions can be held at a later time as further consideration is needed. MOVED BY CHERVENY, SECONDED BY ALONGI AND FAILED BY A VOTE OF 2 to 3 WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTE TO CONTINUE THIS ITEM TO A STUDY SESSION TO BE HELD ON SEPTEMBER 10, 1992. Councilman Winkler expressed concern with the installation of traffic signals at Main and Sumner Streets and having the property owners pay for the traffic signals. Mr. Klingelhofer explained that the proposed action would be to instruct the City Attorney to begin the procedures for the formation process. Further information will have to come before the City Council to decide upon and traffic signals will be one of the issues. He further explained that an assessment report has not been prepared at this time, and that will be one of the things that will be brought to Council at a later time. Mayor Washburn explained that with the involvement of the Redevelopment PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 25, 1992 Agency there may be some assistance available. i Councilman Winkler stated that the second part of the staff recommendation should go under consideration of the Bo Agency. ardmembers of the Redevelopment MOVED BY WINKLER AND SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE TO AUTHORIZE STAFF TO PROCEED WITH THE STEPS NECESSARY TO CREATE AN ASSESSMENT DISTRICT FOR THE DEFINED AREA UNDER THE PROCEDURAL ACT AND THE 1915 BOND ISSUING ACT. 38. Amendment to Municipal Code relating to the Keeping of Exotic Animals - Ordinance No. 933. F:18.1 ) City Manager Molendyk explained that this item has been before Council previously and has since been researched and reviewed through a Committee. Holly Spencer, 3700 Colonial Circle, thanked Council and Staff for their time and effort in regard to this issue. She expressed her opposition to the portion of the ordinance which states that a persons must be allergic to common known housekold pets, explaining that she has no such allergies. Tom Sofra, 35375 Tres Cerritos, Hemet, explained that he is a trainer and breeder of pot-bellied pigs and that a pot-bellied pig makes a good pet and is clean and intelligent. Micky Lane, 29300 Watson, Road, Romoland, spoke in favor of the pot-bellied pigs and further stated that 90 pounds is the maximum weight they will reach. i Gary Narvaez, 35375 Tres Cerritos, Hemet, spoke in favor of pot-bellied pigs. Councilman Alongi asked how long Mr. Narvaez had been selling and breeding pigs in that area. Mr. Narvaez stated 2 years. Councilwoman Cherveny stated that she felt she had a good knowledge of what a pot-bellied pig is. She further stated that she could appreciate the desire of the 9 year old girl not wanting to loose her pet, but that she had to look at what was right for the entire community. Councilman Alongi stated that the reason for the condition for allergies 1 was to make it possible for persons to keep pot-bellied pigs as pets without opening the situation up to the whole community. His consideration is for the entire community and it is each person's right to live where they feel it will best address their lifestyles. He questioned the experience of the persons that have testified. Councilman Dominguez explained that there is an existing ordinance which prohibits the keeping of pigs, so therefore this new ordinance is to help address this issue. Councilman Winkler questioned the different areas of the ordinance which address restrictions. He explained that he felt that the allergic condition is unnecessary as the rest of the ordinance restricts the population of the pigs. Ann Washington, L.E.A.F. explained that she had reviewed the ordinance and that there has been very little problem at this time. She stated that unless the pig is harmed there would not be an excessive amount of noise. It was questioned how pot-bellied pigs are certified or registered to provide proof that thEy really are as stated. Mr. Narvaez stated that there is a national registry and all persons that purchase a pot-bellied pig receive proof of breeder and all recognized breeders are registered. Tom Spencer stated that their pig is registered. I i PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 25, 1992 MOVED BY WINKLER SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 933 WITH THE DELETION OF SECTION C.2.a. : ORDINANCE NO. 933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING REGULATIONS FOR THE KEEPING OF EXOTIC ANIMALS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 39. Resolution Establishing Fees Specific to Pot-Bellied Pigs. (F:18. 1) Mayor Washburn stated he felt that there was no need for staff input at this time. Mayor Washburn further stated that the fees listed in two columns represent L.E.A.F. 's suggestion for fees and the Committee's recommendation for fees. Tom Spencer objected to the license fee which he felt was far too high. i Councilman Alongi explained that item No. 3 should be struck from the resolution as multiple pigs would not be allowed. He further explained the rest of the fines and fees which the Committee suggests. He stated that this is an exotic animal and the fee is according to its value. Mr. Spencer stated that the registration of $250.00 is not a fair amount in comparison with the cost of other animal license fees. He further stated that the other fines and fees more than make up for the costs which might be incurred by Animal Control . City Attorney Harper explained that the annual registration and license fees should reflect the costs associated with those activities, and this does cover additional staff time to provide service. Ann Washington explained that identification is vital as a permanent mark to provide service. She detailed the cost that will be incurred for identification and the special needs of the pigs. There was general discussion in regard to fees and fines in regard to other animals. MOVED BY CHERVENY AND SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 1 WITH WASHBURN CASTING THE DISSENTING VOTE TO ADOPT THE HIGHER FEE SCHEDULE, ELIMINATE ITEM NO. 3 AND ALTER ITEM NO. 7 TO READ $100.00 AND AUTHORIZE STAFF STAFF TO PREPARE A RESOLUTION FOR THE NEXT CITY COUNCIL MEETING. Holly Spencer expressed concern with the cost of registration because it is twice what she paid for her pig and she cannot afford the $250.00. Councilman Alongi offered to pay for Holly's pig's license. 40. Rodeo Committee Re nest. (F: 108.17) Mayor Washburn highlighted this item and detailed the negotiation process to date. However, he explained that this agreement is not completely negotiated. Tom Hundshamer, President, Chamber of Commerce, thanked Mayor Washburn, Councilman Alongi and City Manager Molendyk for taking the time to help resolve the existingproblems. He p stressed the new opportunity for PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 25, 1992 discussion and negotiation. He also invited the Council and the Community i to the Mixer on August 26, 1992, at 5:30 p.m. at the Outlet Center. THE CITY COUNCIL MEETING WAS RECESSED AT 10:35 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:43 P.M. PUBLIC COMMENTS NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, City resident, commented that she is s >hocked with the City Council slack of concern for small taxpayers. She stressed the request of q her neighborhood for in creasing 9 the height of their block wall fence to eliminate some of the noise from Grand Avenue. She further commented on the traffic survey work which has been done and suggested that there are peak times which have not been addressed. She expressed concern with the use of B.S. I. consultants and the amount of projects they are involved in for the City. Peter Dawson, County resident, commented that the Southshore Homeowners Group is still requesting City support in obtaining their launching rights for the Lake. Frank Robie, 442 N. Kellogg Street, City resident, commented on Senior Citizens benefits and stressed the need to provide better recreation programs for Seniors and youths. He suggested skating rinks, bowling alleys, theaters, dances and Community swimming pools. He further suggested that the City assist Senior Citizens in contacting facilities for medical , dental , disability income assistance and dial-a-ride programs. Russell May, 1108 Cleveland Court, City resident, advised that he owns property in the Amber Ridge Tract and commented on ongoing septic problems in that tract. He further commented that this problem has been going on for approximately seven years and requested that the City Council act to assist f the homeowners. Councilwoman Cherveny advised Mr. May that the contract has been let to study the ability to use Redevelopment Agency funds in this situation. Councilman Winkler further advised that this study should be complete in about 30 days and clarified the need for appropriate findings. Laurie Tulstrup, City resident, commented on recent problems in the local Little League Organization. She stressed the need to resolve this situation and commented on threatening letters she has received. She hoped for a resolution to this situation so the children may continue to play. Edward Bend, 151 N. Pennsylvania, City resident, advised that he lives in the Amber Ridge tract and stressed the problems in this area. Councilwoman Cherveny stressed that the study is underway for the use of Redevelopment Agency funds. Councilman Winkler further clarified that this tract is adjacent to the Redevelopment Project Area and specific findings of benefit must exist for funding. Councilwoman Cherveny also stressed that she has not been in office for long at this point. Councilman Alongi commented that he would support appropriate funding. Al Ewing, 114-1/2 Poe Street, City resident, commented on the City and the "revolution" underway. He further commented on the need for citizens to defend the City and work out the issues associated with the lake. He presented a jar of green water from the Lake and commented that it is time to clean up the Lake, neighborhoods and City. Leon Strigotte, 216 Chaney Street, City resident, responded to the comments of Mr. Ewing about the Lake and stressed the fact that the State has controled the Lake for the last 30 years. He also stressed that the State has built other lake facilities and done nothing to assist in maintaining Lake Elsinore. He further stressed that the Lake has not been the Council 's responsibility. He also addressed the comments of Councilman Alongi at the last City Council Meeting, indicating that law enforcement had been increased annually during his term in office; parks including Yarborough, Swick & Matich, and Lakepoint were i PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 25, 1992 built or improved and fees were collected from developers for the Lakeshore Bridge Improvements. Herlinda Alberti , representing Save Our Kids, County resident, commented on the efforts of SOK and their success to date. Lafayette Thompson, 33120 Stoneman, County resident, commented that he is a gang member and saw no future except for dealing drugs. He further commented on the support from SOK and advised taht he has been offered an apprenticeship. He thanked Herlinda Alberti for her concern and assistance. David Hopkins, 33120 Stoneman, County resident, further commented on the SOK program and its success to date. He encouraged the City to get involved in this effort. He invited interested persons to attend a meeting at the Community Center on September 4th. Art Chaskin, 18949 Grand Avenue, County resident, spoke in support of the SOK program. He stressed the efforts underway and the existing problems of the Community. He encouraged the Mayor to fight to save the rodeo for the Community. Herlinda Alberti , requested Council assistance in finding a meeting location, because she is currently holding meetings in her home. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on her opportunity to speak to the 6th grade class at Withrow Elementary and thanked them for an enjoyable experience. She further commented on her tour of the Eagle Mountain Landfill Site and recommended the tour to the rest of the Council . She also suggested taht the City Council lend support to this project. Councilwoman Cherveny questioned the Robb Road Traffic Signal and whether there were plans to name the street t with one name instead of Grand/Robb/Lake. She requested that q staff provide her .with a response on this matter. Councilw oman Cherveny suggested that the Public Comments portion of the meeting be moved back to the beginning of the meeting. Councilwoman Cherveny advised that she is pleased to see both sides talking about u the Rodeo as she has received several calls. Councilwoman Cherveny expressed concern that the funds have been withdrawn from the aeration project and hoped that the funds would still be available next year. Mayor Washburn clarified that this matter will be on the next LEMA agenda for discussion and could still proceed this year. Councilman Alongi commented that he also toured Eagle Mountain Landfill . He requested that staff meet with the County regarding Grand Avenue to work out speed limits, as there have been three accidents there recently. Councilman Alongi also commented that the Public Works Committee will be meeting the first Tuesday of each month at 9 a.m. starting September Ist and encouraged public input. Councilman Alongi read a letter presented to him by Leon Strigotte and stressed Mr. Strigotte's insensitivity and candidacy for the Water Board. He also commented on Mr. Don Burnell and advised that he will continue to address this situation if necessary. He stressed his desire to serve the Community and his effort to decide what is best for the Community rather than what the political decision would be. He further stressed his ongoing effort to provide affordable housing for the Community. He suggested that Bill Starkey has refused to accept defeat and commented on the arrogance of Leon Strigotte as PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST 25, 1992 Mayor. He advised that he would aggressively work against any recall efforts against him. Mayor Pro Tem Dominguez advised that he may have a meeting place for SOK and requested that they contact him for more information. He also advised that he was again approached regarding the speed of traffic on Lakeshore Drive before the Middle School near the fishing area. He requested that staff review the possibility of a stop sign at Chaney/Lakeshore and report back. Councilman Winkler commented on the concerns with Little League and reminded the parents that the kids have had a good year and they should remember that these programs are for the kids. City Attorney Harper requested a Closed Session. THE CITY COUNCIL MEETING WAS RECESSED AT 11:35 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:44 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY TO DISCUSS A MATTER OF LITIGATION WITH O.M.G. AND A PERSONNEL MATTER AT 11:45 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 12:14 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 12:15 P.M. GARY M. WASHBURN, MAYOR CITY LAKE ELSINORE I A TEST: CKI KAS CITY CLERK CITY OF LAKE ELSINORE i I ------------------ i MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 27, 1992 i CALL TO ORDER Mayor Washburn called the Study Session to order at 3:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, WINKLER, WASHBURN I i ABSENT: COUNCILMEMBERS: DOMINGUEZ Also present were: City Manager Molendyk, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear and City Clerk Kasad. I BUSINESS ITEMS i 1 . Oak Grove Equities n Specific Plan & E.I.R. (F:150.2) City Manager Molendyk highlighted this project. Milt Freeman, Applicant, advised that this project has been reviewed by and received approval from the Planning Commission. Frank Greco, Project Manager, gave an overview of the project which involves a 46 acre site. He detailed the location and commented on the existing topography factors of the site. He also commented on prior discussions regarding the need for a freeway off-ramp at this location and advised that this need is being reviewed. He also detailed the proposed traffic circulation. He commented on the Planning Commission discussions of the project and expressed concern with the cost increase to provide 24" box trees. He also explained a future use area which might serve as an office building site. Councilman Alongi inquired what letters of commitment the applicant held from major tenants. Mr. Freeman. advised that he has had a letter from Walmart for over a year, however, alternate sites were considered late in 1991. He explained the current possible locations and the problems to date. He stressed that Walmart is still interested and could very well utilize this location. City Manager Molendyk commented on earlier meetings with Walmart in which they requested 100% of the sales tax for a period of time. He further commented that at present a "gentlemen's" agreement exists for the Murrieta location, however concurred that a Lake Elsinore store is still a possibility. He also commented that Redevelopment Agency assistance is being requested on this site which would include 100% of tax increment and 50% of sales tax until the debt is repaid. Mr. Freeman advised that he would request site and plan approval , as well as a letter of commitment from the Agency Board. City Manager Molendyk questioned the financing needed and whether it would be the same for tenants other than Walmart. Mr. Freeman advised that the site specific costs dictate the assistance needed; for businesses other than Walmart less extensive and less costly improvements would be needed. Councilwoman Cherveny inquired whether a committment is absolutely necessary from the Agency, as she would want be assured of the tenant before tieing in a financing agreement. PAGE TWO - CITY COUNCIL MINUTES - AUGUST 27, 1992 City Manager Molendyk requested clarification as to whether less bond issuance cost would allow the debt to be retired with less sales tax commitment. Mr. Freeman advised that less sales tax could extend the pay back period. Mr. Freeman stressed that the figures presented are based on Walmart. Mayor Washburn commented that the financing assistance would remain tied to the site. Councilman Winkler commented that the larger the tenant, the quicker the pay-off. Mr. Greco further clarified the tax situation and potential site trade-offs. Councilman Alongi g advised that he has a problem with the location and the amount of dirt to be moved. Mr. Freeman commented that there is one million yards of dirt to be moved. Councilman Alongi stressed the amount of site improvement costs associated with grading. Mr. Freeman suggested that if the City can find a buyer for the dirt, the costs could be reduced. City Manager Molendyk commented on the alternatives for the site and addressed the potential for a stadium. He suggested that the dirt might be helpful to the East Lake Development Area. He commented that if other projects proceed, there are opportunities for trade-offs. Councilman Alongi commented on the Walmart Center in Perris, for which a similar financial agreement was discussed. He expressed concern with the 50% sales tax committment with only one major tenant as Perris has three majors. He explained the existing agreement with the City of Perris and expressed concern that this site can not accommodate more than one major tenant. Councilman Winkler questioned the twelve year estimate for this project. Mr. Freeman explained hte basis for the sales tax estimate. He advised that the time line for opening would be within one year with six months of grading and six months of construction. Mr. Greco commented that they are working toward the ability to bring a power center to the site. He clarified the financial commitment and its tie to a particular user and clarified that contingencies could be implemented. Mayor Washburn commented that the Agency would set policy as a tool for this type of arrangement. Mr. Freeman added that the City would become like a partner in the project. Councilman Winkler questioned the timing of the specific plan. Mr. Freeman advised that he would like the financial and specific plan as a package. He stressed that all approval is in concept. City Manager Molendyk clarified that what is requested is that the City show a working relationship for the applicant to proceed. Councilman Alongi advised that he doesn't mid being part of the project, but he would like flexibility in the event a 1 esser tenant is secured. City Manager Molendyk suggested that possibly the agreement could be tied to a minimum square footage. Councilman Alongi further stressed the need for flexibility. Mr. Molendyk suggested that approval is based on securing at least one major tenant. Mr. Freeman advised that they are anticipating the use of Certificates of Participation for the on-site improvements and a Community Facilities District for the off-site. He further clarified that their request is the ability to provide a viable tenant an approved plan and commitment. Councilwoman Cherveny commented that she is hearing a request for a specific commitment. She further commented that she would have no problem PAGE THREE - CITY COUNCIL MINUTES - AUGUST 27, 1992 with a general committment, such as up to 50% of sales tax and a Community Facilities District or appropriate financing. City Manager Molendyk commented that the smallest tenant considered thus far was 105,000 square feet and suggested that smaller tenants would need Council reconsideration. 2. Landfill/Eagle Mountain Presentation (F:163.1) Michael McCartney, Vice President, Eagle Mountain, outlined the economic benefits of this project and explained the future plan for processing of waste. He also explained the benefits of this type of facility over the existing County Landfills. He further explained that a large percentage of the trash deposited in this facility would come in by rail in shipping containers. He detailed the processing of recyclables, inspection of materials deposited on site, and the daily anticipated tonage of waste to be deposited. He also detailed the layer system to be utilized to seal and i maintain this facility. i City Manager Molendyk inquired whether through the City's agreement with CR & R the City would already be participating in this project. Mr. McCartney that this would not necessarily be the case. City Manager Molendyk questioned the cost variable to the users. Mr. Magee, CM Engineering, advised that it will cost the same no matter where the materials is dumped, because Eagle Mountain and E1 Sobrante charge the same rate. He explained that out of County dumping would also be accommodated at Eagle Mountain and that would be at a higher rate. Mr. McCartney further clarified that the regular tipping fee is $36.50 per ton and the cost for out of County dumping would be $7.00 more per ton. He detailed the daily capacity dumping ability of this facility and advised that it will generate approximately 1,140 new jobs. Mayor Washburn questioned ownership of the facility. Mr. McCartney advised that Eagle Mountain has a 100 year lease with Kaiser. Councilwoman Cherveny commented that approximatley $24-25 million would come back to the cities in Riverside County based on a formula which has not yet been determined. Public Services Director Tecca advised that this project is generally supported by all agencies in the County, although some negative impacts have been noted with regard to the area and a concern was raised by Temecula with regard to distribution of revenues. Mayor Washburn questioned the proposal involving water and hydraulics. Mr. McCartney advised that a permit was filed for approximately two years ago, which would utilize water to generate electricity at this site. He further d a vised that no source of water had et been identified fled and not a of liner system has *been determined Y and to date work is not really proceeding. Mayor Washburn inquired d who is currently in control of the lease. Mr. McCartney advised that Kaiser has no other leases at this time and would need to break this lease to proceed in a difference direction. Mayor Washburn questioned the environmental concerns. Mr. McCartney advised that the impact of an earthquake had been investigated and the nearest fault is approximately 30 miles away and would take an quake 50% larger than the recent Landers Quake to impact Q p t this operation. Mayor Washburn inquired what materials will not be accepted. Mr. McCartney advised th at sewage s, udge, toxic waste, medical waste, household hazardous waste would not be accepted. He detailed the inspection process for materials received. He also advised that they must requalify for this operation every five years. Councilwoman Cherveny commented on the material identification process and explained that the containers stainers are iden tified and the specific origin of the i PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 27, 1992 waste is catalogued on videotape. Mayor Washburn inquired whether a methane system is proposed. Mr. McCartney advised that pumps will pull out the gases into tanks and if possible used elsewhere. City Manager Molendyk questioned the follow-up action requested of the Council . Mr. McCartney advised that they would like a letter of support or a resolution supporting the project. He detailed the upcoming hearing schedule. i City Manager Molendyk suggested support at either the City Council Meeting on September 8, 1992, or in connection with the Study Session scheduled for September 3rd. Mayor Washburn questioned the County Planning Commission vote on this project. Mr. McCartney advised that it was 4 to 1 against the project, however the staff recommended approval . Public Services Director Tecca questioned the certification of environmental documents. Mr. McCartney advised that their current request is for certification of the E. I.R. Mayor Washburn suggested consideration of this matter on September 8th, with a response on the morning of September 9th. 3. Update on Community Facilities District 88-3 (F:22.3) I I Jim Bolton, representing The Keith Company, introduced John Mandrell of the Keith Company, Peter Savello of Paul Moote & Associates and developers representing Citation, Premier, 888, Centex and La Laguna Estates. He presented an aeriel photograph of the Community Facilities District area taken earlier this year. He detailed the improvements completed and underway, as well as the specific locations of each. He also detailed the funds expended thus far with approximately $13 million for the improvements and $8 million for incidental expenses such as right-of-way acquisitions, consultants, adminstration fees, etc. Councilwoman Cherveny inquired when the fire station would go on line. City Manager Molendyk advised that they would be ready to begin construction at the end of the year, but based on money availability to staff the building at $1 million per year it could be delayed. He further explained that the station is planned for three man staffing with supplemental staffing by volunteers He indicated that the station is needed today, but it is a matter of staffing. Peter Savello, Paul Moote & Associates, Construction Managers for the District, stressed the regional impact of the improvements provided. He offered a tour of the facilities to any interested City Council members. City Manager Molendyk commented on the water tanks and the E.V.M.W.D. standards for them. He indicated that it has been requested that those tanks be sunken in the ground or landscaped for screening. MAYOR WASHBURN LEFT THE MEETING AT 4:45 P.M. Councilwoman Cherveny questioned the Robb/Lakeshore/Grand Traffic Signal and when it would be operational . Public Services Director Tecca explained that it will be energized when the project is complete, however G.T.E. is working in the area currently. He indicated that the project should be complete with the signal energized in approximately one month. Mr. Savello stressed the areas where unknown factors influenced the course of the projects. He also stressed the change orders which were awarded based on the low cost offered by the contractors to increase the scope of work. PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 27, 1992 Councilwoman Cherveny questioned the total dollar cost of the Change Orders to date. Mr. Savello indicated that there have been 51 change orders to date with three more anticipated for the September 22nd City Council Meeting. He further indicated that this district has included 20 individual projects with 14 contractors. He commended Ron Molendyk's Office, Bob Boone's Office, Frank Tecca's Office, E.V.M.W.D. , Elsinore Water District, County Flood Control and the Utility Companies for assisting in facilita ting these projects. Cou ncilwoman Cherveny suggested that Mr. Savello recognize these parties publicly at a Council Meeting. City Manager Molendyk commented on the prior year's rain and the problems these projects will have eliminated. Councilwoman Cherveny further commented on the impact of the improvements in this area. Mr. Savello indicated that Le Gaye Street was moved up the schedule and should be completed by December 1, 1992. Councilman Winkler inquired when McVicker Park Construction would begin. Jack Lucey, representing Centex Homes, indicated that the miningoperation will cease in Marc p h or April of 1993 and from there it will be approximately one year for completion. Mr. Bolton indicated that the planning of this project p g 7s already underway p J -and will be Y ready to start when the miningoperation p eratio n is finished. Councilman Alongi questioned the work with Elsinore Water District. Mr. Savello indicated that this work in Country Heights Club Hei is to replace a line which is too small . 9 Councilman Al on i questioned the sewer reservoir g q mentioned by Mr. Bolton. Mr. Bolton indicated that it wo uld hold one hour of sewage in the case of pump station failure. Mr. Savello further indicated that this reservoir has been used once in the approximately 60 days of operation. Mr. Mandrell advised that the reservoir is intended to hold one hour at full capacity. i Mr. Bolton further advised that capacity is 12,000 dwelling units and the station is currently serving 5,000 dwelling units. City Manager Molendyk commented that when the fire station is considered it is important to remember that it will take nine months to order the fire trucks. THE STUDY SESSION WAS ADJOURNED AT 5:07 P.M. a A l GARY WASHBURN, MAYOR CITY LAKE ELSINORE TTEST: ICKI KASAD, ITY CLERK i CITY OF LAKE ELSINORE i i I I i MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA THURSDAY, SEPTEMBER 3, ,1992 CALL TO ORDER The Study Session was called to order by Mayor Washburn at 3:10 p.m. I ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Community Services Manager Sapp, City Planner Christen, Public Services Director Tecca, Special Projects Coordinator Basham, Landscape Consultant Kobata and City Clerk Kasad. BUSINESS ITEMS i 1. Special Events Ordinance. (F:151.1) City Attorney Harper commented on recent discussions regarding special events and advised that a recent Supreme Court decision which requires that events be "content neutral " and very little independent conversation is allowed. He explained that waiver of fees is not really an option any longer, as they could potentially involve free speech issues. He also explained that he is in the process of redrafting the ordinance to address the new constitutional issues. Councilman Alongi inquired whether a group wanting to hold a picnic in the park with no freedom of speech issues, could do so and obtain a waiver of fees. City Attorney Harper advised that if the ordinance is specific as to the types of non-commercial speech issues allowed, potentially the fees could be waived. He further advised that it is important that the fees charged can be verified as the actual costs to the City. Community Services Director Watenpaugh stressed that content neutral criteria would be necessary to determine whether fee waiver is possible. City Attorney Harper further clarified that while discussion of waivers of fees is difficult to start with, he is attempting to provide an ordinance as close to the constitutional requirements as possible with some level of flexibility. Councilman Alongi questioned the ability to waive fees for non-profit groups or in cases of hardship. Councilman Winkler commented on the event recently approved at Yarborough Park and the potential that it could be construed as a non-profit organization, however it could also become a freedom of speech issue. City Attorney Harper advised that this is specifically the type of case that might come up. Community Services Director Watenpaugh indicated that all of these types of cases will need to be referred to the City Attorney for direction. City Attorney Haper further advised that while he can draft an ordinance to comply, the discretion requested is not possible. Councilman Alongi questioned the descrimination in co-sponsoring an event. Community Services Director Watenpaugh indicated that the question is the understanding of "co-sponsorship" . He further indicated that it will be necessary to list criteria and specifically define "co-sponsorship" ; and then it comes down to which events are considered. Councilman Alongi questioned the ability for the City to manage the Rodeo Parade, Mayor Washburn commented on waivers of fees vs. co-sponsorship. I 1 I PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 3, 1992 i Councilman Winkler stressed the importance of keeping the. fees from being oppressive. Councilman Alongi questioned the legal problems with waiving fees. City AttorneyHarper indicate p d that the it onlybecomes problem a p ro m if e lawsuit occurs and this would generally be resolved before a lawsuit were to proceed. He further indicated that the insurance requirements might be an area of question. Councilman Winkler commented that once there is no waiver of fees, some organizations may proceed with their events any way. Community Services Director Watenpaugh indicated that we may be able to justify waivers, however it still depends on the lawsuits which might be pursued. He further stressed that this is the reason the matter is being brought back to provide more detail on the alternatives. i Councilman Alongi inquired what the City Attorney's direction to Council would be. City Attorney Harper advised that he would draft an ordinance with as much flexibility as is possible. Councilman Winkler suggested that no waivers of fees be allowed and the City strive to keep the fees as reasonable as possible. He further suggested that with adequate advance notice, most groups could find funding for parades, etc. Councilman Alongi inquired whether it would be possible to establish a fee structure with rates for non-profit organization such as a flat fee of $50.00 each event and the next level with minimal fees for specified groups. City Attorney Harper indicated that variable fees levels could be set for different types of uses, based on actual cost factors. He further indicated that the ordinance can address public vs. private property, scheduling restrictions, etc. City Manager Molendyk commented on Propositions 13 an 4 which forced the City to operate like a business and required that the users pay. He stressed the need to recover actual costs, particularly in light of the State Budget situation and the cuts which are anticipated. Councilman Winkler commented on Proposition 4 and alternatives to reduce the charges to users. He inquired whether the new decision would preclude charging non-residents at a different fee than residents. City Attorney Harper clarified and stressed the descrimination clause. Mayor Pro Tem Dominguez questioned the ability to develop a formula based on the types of events. City Attorney Harper indicated that this is possible to calculate. Mayor Washburn questioned the current minimum charge. Community Services Director Watenpaugh advised that it is $50.00. City Manager Molendyk questioned the ability to budget the events up front. City Attorney Harper indicated that this doesn't solve the problem. He further stressed the need to calculate actual cost for events which would be acceptable for waiver, but the problem is still discrimination between events. City Manager Molendyk suggested the alternative of co-sponsoring the smaller events. City Attorney Harper indicated that if the purpose is to avoid charging fees and requiring insurance, and easy alternative is to require fees from all or not charge any fees. He questioned the actual fees being collected annually. Community Services Director Watenpaugh indicated that the biggest part of the cost is staff time for public works. Hilda Barnhart inquired if the ordinance could address profit vs. j non-profit events. City Attorney Harper clarified charges for commercial vs. non-commercial speech issues. He stressed that the City cannot give discretion to descriminate. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 3, 1992 Mayor Pro Tem Dominguez inquired whether commercial vs. non-commercial would address the rodeo (with profit) vs. the parade (with no profit) . Councilman Winkler commented that if the parade will cost the City and no feet are charged, then any organization can provide a parade with no fees. City Attorney Harper suggested that one alternative is to limit the total number of parades allowed. Mayor Washburn commented that it appears that waiver of fees will just not occur. Councilman Winkler suggested that investigation of where fees tend to be waived is necessary. City Attorney Harper further clarified that commercial vs. non-commercial tends to be interpreted in a number of different ways. City Manager Molendyk commented that work is in progress to make the process easier for applicants. He inquired whether a non-profit organization could process a bulk application for multiple events. City Attorney Harper confirmed that would be acceptable. Councilman Alongi questioned the payment of fees if this was done. Mr. Harper advised that it would not reduce the fees, however, it would reduce the up front staff time to process applications. Community Services Director Watenpaugh clarified the types of fee waivers allowed in the past and the previous problems with voluteer assistance. He stressed the necessity of insurance and the limitations of coverage for events by the J.P. I.A. He suggested that staff proceed with the redraft of the Ordinance and incorporate Council Comments where possible. City Attorney Harper advised that he would do what he could to allow flexibility and from there we can address problems as they occur. i 2. Master Plan of Parks. (F:114.1) City Manager Molendyk commented on the growth of the Community and the formula by which the City has operated to insure adequate park facilities. He stressed the aggressiveness of the park program over the last four years, which has required park facilities be provided by developers up front. Community Services Director Watenpaugh commented on the master plan documents and the Master Plan Element adopted in 1982. He stressed the changing nature of this documentation. He explained the Quimby Act Legislation which allows the City to collect fees for parks; and the City's ability to collect increased fees due to the level of park facilities held when the legislation was enacted. Councilman Winkler questioned the ability to make an agreement with Ortega Trails to allow them to collect increased allocations. Community Services Director Watenpaugh indicated that would not be possible. Community Services Director Watenpaugh highlighted the current master plan and showed renderings of upcoming park facilities. He detailed the specific zones for use of park fees. He presented a chart of the master trails system which supports the County primary trails system. Mr. Watenpaugh indicated that he would like to obtain general support from the Council to take these documents public and obtain input. Councilman Winkler inquired whether park fees are reviewed annually. City Manager Molendyk advised that the fees are reviewed as part of the budget process. Community Services Director Watenpaugh detailed the proposed future sites and improvements and the costs associated with them. He explained the formula for establishment of the park fees. City Manager Molendyk commented on the Lake and questioned the ability to shift the impact areas to assist with costs for improvement of the PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 3, 1992 I shoreline. He further commented on the 1,400 acres of open space currently dedicated to the City and stressed the responsibility for this property. He questioned maintenance factors and how they should be handled. Community Services Director Watenpaugh showed a map of the open space currently dedicated. Mayor Pro Tem Domingeuz questioned the availability of Bike Trails. Community Services Director Watenpaugh clarified he that the equestrian trails sh own on the map are those designated by the County and not all City trails are represented. Councilman Alongi questioned future plans for a Community Pool . Community Services Director Watenpaugh presented a conceptual plan for a park and detailed the potential costs for operation and maintenance. He also commented on discussions with Temescal High School for a joint use pool facility. Mr. Watenpaugh also explained the preference for an indoor pool to allow for increased availability of programs. Councilman Alongi questioned the operational costs presented. City Manager Molendyk reminded the City Council that as a municipality there are increased needs for life guards, etc. to reduce liability. Additional discussion of size of pools and level of maintenance, building costs and time line for completion ensued. i Mayor Washburn inquired what the next park facility with tennis courts would be. Community Services Director Watenpaugh indicated it would be McVicker Park to be completed in 1994. Councilman Alongi inquired what facilities would be completed in 1993. Community Services Director Watenpaugh indicated that Summerhill Park would be completed in 1993. Councilman Winkler questioned the mining operation at the McVicker Park Site and the final level of the park. Landscape Consultant Kubota indicated the park would be brought up to the grade required by the City. Councilman Winkler further questioned the ability to provide a Community Center at McVicker Park. Community Services Director Watenpaugh commented that this might not be possible and detailed the proposed park configuration. Councilman Winkler also questioned the number of Baseball Fields to be provided at McVicker Park. Mr. Kubota indicated that no formal fields are proposed, however there would probably be room for one. Mayor Washburn inquired what additional facilities are needed based on current demographics. Mr. Watenpaugh indicated that a Community Center is the primary need at this time. He commented on the difficulty of programing for teenagers and explained facilities that the Community Center might be able to encompass. Mayor Pro Tem Dominguez requested that staff review the possibility of resident vs. non-resident fees. Councilman Winkler commented on the time factor for staff to administer these fees. He suggested that the earliest these fees should be implemented is 1994. Discussion of Swick/Matich field followed particularly pertaining to the existing contract with Ortega Trails Recreation and Park District. Councilman Alongi questioned the ability to shift funds between impact j zones. Mr. Watenpaugh indicated that the resolution would need to be changed to accomplish this shift. MAYOR PRO TEM DOMINGUEZ LEFT THE MEETING AT 5:00 P.M. i Community Services Director Watenpaugh inquired whether he would be authorize to proceed with the public input process. Council concurred. I PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 3, 1992 Councilman Winkler indicated that he was still interested in pursuing ball fields at McVicker Park with ninety foot base pads. Mr. Watenpaugh advised that he would address ball fields as an issue. I � THE STUDY SESSION WAS ADJOURNED AT 5:05 P.M. i i j GARY ASHBURN, MAYOR CITY F LAKE ELSINORE A TEST: VICKI KAS D, CITY LERK CITY OF LAKE ELSINORE i .I i i 1 I I i i i MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 8, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 P.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by. Councilman Winkler. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, City Planner Christen, Special Projects Coordinator Basham, City Treasurer Pape and City Clerk Kasad. THE CITY COUNCIL MEETING WAS RECESSED AT 7:05 P.M. TO THE REDEVELOPMENT AGENCY MEETING. THE CITY COUNCIL MEETING RECONVENED AT 7:13 P:M. I ' PRESENTATIONS/CEREMONIALS None. PUBLIC COMMENTS = AGENDIZED ITEMS Mayor Washburn advised that he had requests to address Item Nos. 31 and 33 of j this agenda. i CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 8, 9, and 10. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. City Council Study Session - August 13, 1992. (F:44.4) b. Joint Special City Council. Meeting - August 18, 1992. (F:44.4) c. Joint Study Session - August 20, 1992. (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Minutes - August 19, 1992. (F:60.3) 2. Received and ordered filed the Building Activity Report for August, 1992. (F:32.4) i 4 PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 f� i i i 3. Received and ordered filed the Code Enforcement Activity Report for August, 1992. (F:54.1) 5. Rejected and referred to Claims Administrator the Claim Submitted by Keith & Nancy Jensen (CL #92-20) . (F:52.2) 6. Approved Cooperative Agreement to provide Fire Protection, Rescue & Medical Aid. (F:68.1) 7. Approved Amendment to National Pollutant Discharge Elimination System (NPDES) Implementation Agreement (Storm Water Discharge Permit System) . (F:155. 1) 11. Adopted Resolution No. 92-61 regarding Speed Limits on Grand Avenue. (F:152.1) RESOLUTION NO. 92-61 A RESOLUTION OF THE CIYT COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS. 12. Adopted Resolution No. 92-62 Establishing Fees Specific to Pot-Bellied Pigs. (F:18.1) RESOLUTION NO. 92-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING FEES FOR ANIMAL CONTROL ACTIVITIES RELATIVE TO POTBELLIED PIGS PURSUANT TO LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.04. 13. Adopted Resolution No. 92-63 Supporting the Eagle Mountain Landfill & Recycling Center Project. (F:163.1) RESOLUTION NO. 92-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RECOMMENDING TO THE RIVERSIDE COUNTY BOARD OF SUPERVISORS, APPROVAL OF ALL ACTIONS REGARDING THE DEVELOPMENT OF A NON-HAZARDOUS SOLID WASTE CLASS III LANDFILL LOCATED AT EAGLE MOUNTAIN, CALIFORNIA. 14. Ratified Warrant List for August 31, 1992. (F:12.3) ITEMS PULLED FROM CONSENT CALENDAR 4. Structure Abatement Activity Report _ August, 1992. (F:32.4) Councilman Alongi requested that a house in the 700 block of Mill Street be C added to the Structure Abatement list as it has been under construction for over a year. He requested a report from staff. Mayor Washburn suggested that staff provide a memo back to Council . MOVED BY WINKLER, SECONDED BY CHERVENY 'AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR AUGUST, 1992. 8. Right of Way Acquisition for Collier Avenue. (F:156.2) Councilwoman Cherveny inquired whether this item should have been listed on the Redevelopment Agency agenda rather than the City Council agenda. Staff confirmed that this should have been listed on the Redevelopment Agency agenda. City Attorney Harper advised that it would just need a 4/5ths vote to be added to the Redevelopment Agency Agenda. 9. Award of Contract for On-Call Surve ing Services - The Keith Companies-Inland Empire, Inc. (F:68.1) Councilman Alongi commented that he has no ,problem with this company, but questioned comparable prices offered in the field. He expressed concern that there were no minimum or maximum figures presented for Council consideration. He explained that he would not want to give a blanket approval , but suggested a retainer situation. ' PAGE THREE - CITY COUNCIL MINUTES SEPTEMBER 8, 1992 Mayor Washburn inquired about comparative engineering costs. Public Services Director Tecca advised that he has reviewed the prices of several firms and Keith Company appears to have the best fees and services. He further advised that approximately 5% of the engineers' estimates will go to Keith for their work. Councilwoman Cherveny questioned the estimated cost. Public Services Director Tecca estimated that it would be no more than $30,000. Councilman Alongi questioned the type of services they would provide. Public Services Director Tecca advised that they will serve as the City Surveyor. He further advised that they have the best background and records to resolve surveying discrepancies. Councilman Winkler questioned the use of purchase orders. ' Public Services Director Tecca confirmed that they would be using purchase orders. As an example he advised that this work for the Mission Trail project had cost $4,000. Councilman Winkler commented that he felt adequate safeguards had been included. Councilwoman Cherveny suggested that a limit such as $5,000 be set per project. Public Services Director Tecca advised that unless otherwise requested, this would be governed by the purchase order ordinance limit of $10,000 without further Council approval . MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO AWARD A CONTRACT TO THE KEITH COMPANIES-INLAND EMPIRE, INC. FOR ON-CALL SURVEYING SERVICES FOR FISCAL YEAR 1992-93, 10. City Council Policy Revision = Tape Recording of Meetings - Resolution No. 92-60. (F:120.1) Councilman Alongi advised that after the last City Council meeting he requested clarification of the existing City Council Policy relating to this matter. He read the proposed new policy. City Attorney Harper commented on modifications he would recommend pursuant to the Public Records Act and suggested that this item be brought back to the next City Council Meetings. Mr. Harper further explained that the minimum retention once the records are maintained would be two years. Mayor Washburn questioned the ability to hold these tapes longer. City Attorney Harper clarified. Councilman Alongi indicated that he wants something in writing to address the time frame and allow for longer retention. City Attorney Harper inquired further into Council direction. Councilman Alongi suggested that the maximum time be four years. Mayor Washburn indicated he would be comfortable with two years. Councilman Alongi advised that his main request is for tapes to be retained for up to four years. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING FOR REVISIONS. PUBLIC HEARINGS 21 . Elsinore City Center SReci.fic Plan 91-1, Environmental Impact Report 92-3 and Zone Change 92-3. Location of this Project is at the southeast corner of Grape Street & Railroad Can on Road. Ordinance No. 939. (F:150.2) (X: 172.2) City Manager Molendyk highlighted this item and explained the staff recommendations. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:25 p.m. asking those persons interested in this item to speak. The following people spoke: Helena Holman, 15062 Danielle Way, inquired why Mayor Washburn had i i PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 *** NOTE - For Conditions of Approval on Specific Plan 91-1, please see insert Pages Four A & Four B in this set of minutes. abstained from votes on this project ct previo usly.usi that he has shown the applicant properties previously. Frank Washburn indicated Frank Greco, representing the applicant requested that two conditions be modified, the first with regard to parking; he requested that the final parking determinations be made at the time of Design Review. His second request pertained to the Stephens Kangaroo Rat study; being to revise Condition #9 to have the study done within 12 months of grading to meet State requirements. May or Washburn closed the public hearingat 7:30 p.m. Councilman Alongi questioned Condition #2 of page 1 and suggested that the applicant be allowed to use 15 gallon trees rather than 24" box trees to help reduce costs. He suggested that this substitution be based on Planning Director approval . MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE ELSINORE CITY CENTER SPECIFIC PLAN, ENVIRONMENTAL IMPACT REPORT AND ZONE CHANGE AND ADOPT RESOLUTION NO. 92-65 AND ADOPT ORDINANCE NO. 939 BASED ON THE FOLLOWING FINDINGS AND CONDITIONS WITH CONDITION NO. 2 AMENDED TO ALLOW 15 GALLON APPROVAL OF THE COMMUNITY DEVELOPMENT MANAGER. TREES WITH THE i RESOLUTION NO. 92-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING ENVIRONMENTAL DOCUMENTS FOR OAK GROVE EQUITIES (ELSINORE CITY CENTER) . ORDINANCE NO. 939 AN OR DINANCE OF THE CITY COUNCI L OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING OAK GROVE P T CENTER) SPECIFIC PLAN 91-1 AND, A REZONE OF THE PROJCTTOSECIFICC PLANZONING (ZONECHANGE92-3) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE i ABSTAIN: COUNCILMEMBLRS: WASHBURN BUSINESS ITEMS 31 . City Mana er Aareement Extension z Resolution No. 92-64. (F:68.1) (x:46. 1) City Attorney Harper highlighted this agreement. Teri Nosan, 151 N. Woodlake, advised that she has lived in Lake Elsinore since 1982 when there were only 3,000 residents and has seen significant improvements in that time. She supported the extension of Mr. Molendyk's agreement citing balanced budgeting, increased sales taxes, increased park facilities, and increased shopping availability including the Outlet Center, K-Mart and Bu`lders Emporium. She stressed the good work of Mr. Molendyk. Leon Strigotte, 216 Chaney Street, advised that he was on the City Council when Mr. Molendyk was hired in 1984; he stressed the stability that has occurred in that time and its benefit to the Community. He commented that sales taxes have increased, roads have been improved and services to the Community have been increased. He stressed the positive impact this has had on the Community. He also commended Mr. Molendyk for his eight years in office and his professionalism in contrast to problems with previous PAGE FOUR A - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 ELSINORE CITY CENTER SPECIFIC PLAN 91-1 FINDINGS - SPECIFIC PLAN 91-1 1. This proposed action is consistent with the goals, policies and objectives of the General Plan. 2 . This proposed action is consistent with the goals, policies and standards of the project's Specific Plan. 3 . This proposed action was adequately addressed in the project's Environmental Impact Report. CONDITIONS OF APPROVAL - Planning Division 1. Roof mounted air conditioning units and any other roof mounted mechanical equipment shall not be visible from any neighboring properties or public rights of way. If necessary architectural features such as parapet walls which are architecturally consistent with the rest of the center shall be used to conceal roof mounted equipment. Rooftop enclosures similar to the Outlet Center shall be used and subject to approval of the Community Development Manager or designee. 2 . Parking lot landscaping designs shall provide at least one (1) fifteen (15) gallon tree for every ten (10) parking spaces with planter box to be staggered every row, and subject to approval of the Community Development Manager or designee. 3 . Detailed landscape planting and irrigation plans shall be consistent with the City's landscape guidelines and the Elsinore City Center Specific Plan. 4. The applicant shall comply with all requirements of the City's Grading Ordinance and a final grading plan shall be submitted and shall be subject to the approval of the Public Services Director. 5. The impacts to the California Gnatcatcher habitat on site shall be mitigated in accordance with State and Local regulations and monitoring programs when such programs exist. Mitigation for the loss of the Riversidian Sage Scrub habitat shall be provided pursuant to a program developed in consul-ation with the U. S. Fish and Wildlife Service, California Department of Fish and Game, and the Riverside County Habitat Conservation Agency. 6. Mitigation measures in the Mitigation Monitoring Program of the Elsinore City Center EIR shall specifically apply to the project in order to reduce the impacts to the California Gnatcatcher. 7 . The design of the Elsinore City Center project shall meet all Riverside county Fire Department standads for fire protection .and any additional requirements requested by the County Fire Marshall. 8. At such time as any Design Review application is submitted for this site, the applicant shall meet all requirements of Section 17 . 66 (Parking Requirements) . It shall be as provided for in Section 17. 66 unless specifically provided for otherwise in the Specific Plan. PAGE FOUR B - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 Engineering Department Conditions 9. Slopes greater than 2: 1 shall get geotechnical engineering approval and guarnatee for stability. 10. Grape Street and any design improvements to roads effected by the Elsinore City Center site shall conform to City Engineering standards, (110 ft. R.O.W. with standard medians and parkways) , as addressed in the EIR and Mitigation Monitoring Program. 11. Any street design and infrastructure revisions shall be subject to further review by the City of Lake Elsinore Engineering Department. i i I I i i I PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 i I I City Managers. j Councilwoman Cherveny commented that the City is fortunate that Mr. Molendyk has agreed to accept this extension with no increase in salary. She further commented on the recession and the tightness of the budget and i commended Mr. Molendyk for his understanding. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-64 AND APPROVE THE EXTENSION OF CITY MANAGER RON MOLENDYK'S AGREEMENT. RESOLUTION NO. 92-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RENEWING AND AMENDING THE CITY MANAGER CONTRACT. 32. Centennial Parade Float Participation. (F:140.1) City Manager Molendyk explained that with the tightness of budgets, the City has been contacted by other cities in the area to participate in a joint float for the County Centennial Celebration. He further explained that staff's recommendation would be to approve in concept and investigate the costs of this participation. Councilman Alongi requested further clarification. City Manager Molendyk detailed the County plan for a parade in May of 1993 and their request that cities sponsor floats in this parade. He explained that the cities of Perris, Canyon Lake, Temecula, Murrieta and Lake Elsinore would like to consider presenting a Southwest County float jointly to reduce the costs involved. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THIS MATTER IN CONCEPT AND DIRECT STAFF TO INVESTIGATE COSTS. 33. Request to Cosponsor the Christmas Parade. (F:108.4) City Manager Molendyk explained that this is a request to cosponsor the Christmas Parade which is presented by the Lake Elsinore Valley Chamber of Commerce and the Downtown Business Association. Councilman Alongi stated that he would like to have a study session to discuss how the City should handle this due to the new laws in regard to what the City can and cannot do. He further stated that this is something Council should discuss with the City Attorney. Mr. Alongi further stated that he would like to see the parade go on. Councilwoman Cherveny inqured whether the fees could be waived without the City being in violation City Attorney Harper explained that unfortunately since the issue is in regard to fees there are some legal difficulties. He further stated that this would also include the Christmas Parade as well . Councilman Alongi again asked for a study session in order to see how the City can best address the problem. He stated that he did not want to see the City loose any activities because the organizations cannot raise the money to present them. Councilman Dominguez explained that the City must keep from setting a precedent. j City Manager Molendyk explained for the benefit of the audience that at the j study session it was discussed that there was a Supreme Court decision that the City cannot waive fees for different types of groups in the community. He suggested that there be a meeting with the Attorney to discuss the City's options and then bring it back to the next Council meeting. City Attorney Harper stated that it is not legal operate under the old i PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 rules if there is a constitutional question and in this case there is. He further explained that he is in process of drafting a new ordinance to address the new constitutional rules. Councilman Win kler explained that se veral everal months ago i g t was decided that fees would be waived, but that was before the constitutional question was raised. He further stated that he would like to hear from Hilda Barnhart. Hilda Barnhart, 240 E. Graham Ave. , Parade Director for the Lake Elsinore Valley Chamber of Commerce and the Downtown Business Association explained that the request is not for the City to waive the fees, but rather that the City Co-sponsor the parade. She further stated that the staff report was not accurate as rodeos were always done by the Lake Elsinore Valley Chamber of Commerce and she stated that did not think that the Chamber was aware that the rodeo's would be done by the City now. Further, she addressed the section on barricades and stated that there were volunteers provided by the Chamber and the cost for law enforcement and street sweeping was incorrect. Mr. Tom Hundshamer, President of Lake Elsinore Valley Chamber of Commerce concurred with Hilda Barnhart's comments. He further questioned the staff report and what the City really wants. He questioned the staff's motives in regard to the Chamber and public. He suggested that the City and Chamber to cooperate. Mr. Rick Warner, President of Lake Elsinore Downtown Business Association explained that the request tonight was for cosponsorship of the Christmas Parade. He encouraged the Council to consider the request and encouraged all people who are interested in participating to contact the Chamber. Mayor Washburn stated that the only information provided was from the Downtown Business Association and there was no information in regard to the Chamber. He further explained that no matter who coordinates the parades he would be opposed to waiving the fees. City Manager Molendyk stated that there was no information in regard to the three entities being involved in nor in request for funds. He further explained that in the past there was a request for a waiver of fees. i Community Services Director Watenpaugh explained that there had been some discussion in regard to the City working with the Chamber regarding the rodeo, but it did not work out so it should not have appeared in the report. He further explained that the first he had heard of a request for funding was at the study session and it was not included in the staff report. He further explained that there may have been volunteers at the beginning of the parade, but in the Sheriff's report they were not there later and the alternative is to provide paid officers to man the barricades. Councilman Winkler explained the conflict that is created if the City tries to help the Chamber or the Downtown Business' Association. If the fees are waived or cosponsorship is given to one organization and not another this puts the City in a position of liability. He asked if the Chamber could wait for two weeks. Mrs. Barnhart stated that the they really don't have r two weeks. Councilwoman Cherveny inquired whether it would be legal for the City to Cosponsor the parade. Mr. Harper stated that Special Events may cause the City to discriminate. She further inquired if CR & R Disposal Company could sponsor the parade. There was general discussion in regard to fees and cosponsorship. City Attorney further explained the impact of the constitutional ramifications in regard to this issue. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 4 TO I WITH ALONGI CASTING THE DISSENTING VOTE TO SUPPORT THE CITY'S POLICY BY REQUIRING THE LAKE ELSINORE DOWNTOWN BUSINESS ASSOCIATION AND CHAMBER OF COMMERCE TO PAY THE FEES AS ESTABLISHED BY RESOLUTION NO. 87-36. I i ___ ... PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 34. Vending Devices - Lake Community Center. (F:50.1) City Manager Molendyk recommended that this item be removed .from the agenda. 35. Main Street - Commercial Vehicle Loading & Unloading Prohibition Ordinance No 940. (F:162.2) Public Services Director Tecca detailed this request and the ability to facilitate deliveries from the alleys and side streets. Councilwoman Cherveny questioned the deliveries to City Hall . Councilman Alongi asked Captain Daniel the legalities and asked who would enforce this ordinance. Captain Daniel stated that a Community Service Officer would be the one to enforce. Mr. Alongi questioned the ability to enforce this ordinance. Mayor Washburn asked if this was in the Downtown Guidelines. He was informed that it was. Councilman Alongi questioned the ability of the delivery men to make their deliveries, especially when they have a lot of weight or several parcels to deliver. Councilman Dominguez stated that this had been discussed in Public Works Committee and Downtown Design Review Guidelines. Councilman Alongi questioned the ability to keep delivery vans weighing under 6,000 pounds off of Main Street. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 940: ORDINANCE NO. 940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFRNIA, AMENDING A CERTAIN SECTION OF CHAPTER 10.40 OF TITLE 10 OF THE LAKE ELSINORE MUNICIPAL CODE, RELATING TO THE PROHIBITION OF COMMERCIAL VEHICLE LOADING AND UNLOADING ON MAIN STREET. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 36. Voting Delegate z League of California Cities Annual Conference. (F:108.8) City Manager Molendyk explained this item. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPOINT COUNCILMAN WINKLER AS THE VOTING DELEGATE AND MAYOR WASHBURN AS THE ALTERNATE FOR THE GENERAL ASSEMBLY MEETING AT THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE. 37. Policy on Economic Development Assistance. _.._.� ...._ p F:70.1 City Manager Molendyk requested Council direction on a policy for economic assistance which relates to Sales Tax and Tax Increment Revenue Financing. Councilman Alongi explained that he would like to see all of the sales tax given to the City and have that eliminated as part of the assistance. PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 Councilman Dominguez concurred with Councilman Alongi . Councilwoman Cherveny explained that she would like to see the City say that they would be glad to give economic assistance, but not to give any set percentage of Sales Tax or the Tax Increment. Mayor Washburn explained that the assistance is based on jobs provided, desire of the community for that store or product, tax increment, sales tax and the timing. He further explained that staff should see what other cities have done and be competitive. Councilman Winkler stated that the staff needs to compare with other communities and bring in more commercial . Councilman Dominguez stated that he still felt that the sales tax is the last thing that should be considered. Mayor Washburn stated that there are other economic tools that can be used. City Manager Molendyk advised that he is looking for a broad general policy j to give staff a general direction to follow. Councilman Alongi stated that he concurred with Councilman Winkler and if the companies wanted to guarantee the City a certain amount of sales tax then that would make the situation different, but to use the City as a bank, then Council has the right to protect the City's investment. Councilman Winkler used the current development as examples of how to increase the sales tax. Councilman Alongi stated that to use sales tax there should be defined goals and guarantees before that money is used as an incentive. MOVED BY ALONGI TO REMOVE THE WORDS "SALES TAX" FROM THE DOCUMENTS AND POLICIES. MOTION FAILED FOR LACK OF A SECOND. City Manager Molendyk stated that it is clearly understood by staff that to take Sales Tax or the Tax Increment would take action by the Council in any case. He further stated that in negotiations the last thing used would be the Sales Tax, but if it were necessary to include the Sales Tax, depending on the type of tenant, then at that point it would come back to the Council for discussion. I MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DEVELOPMENT OF AN ECONOMIC ASSISTANCE POLICY AS IT WOULD RELATE TO SALES TAX AND TAX INCREMENT REVENUE FINDINGS WITH ALL INPUT FROM COUNCIL. 38. Second Reading _I Ordinance No. 933 - relating to the Kee in of Exotic Animals. (F: 18. 1) MOVED BY WINKLER, SECONDED BY ALONGI TO ADOPT ORDINANCE NO 933: I ORDINANCE NO. 933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ESTABLISHING REGULATIONS FOR THE KEEPING OF EXOTIC ANIMALS IN CITY LIMITS. UPON THE FOLLOWING ROLL CELL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 39. Second Reading = Ordinance No. 936 - _relating to the Central Business Overlay District. (F:34.2) MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 936: ORDINANCE NO. 936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 17. 11 AND ESTABLISHIGN A CENTRAL BUSINESS OVERLAY DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 40. Second Reading - Ordinance No. 937 _ _relating to Municipal Code Section 17.94 - Signs. (F: 148.1) MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 937: ORDINANCE NO. 937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.92 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI I ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 41 . Second Reading - Ordinance No. 938 - relating _.to the_ � North Peak Partners Development .F:68.A reement � ( 1) (X:150.2) Councilwoman Cherveny addressed page 11 of the proposed agreement and requested that "may provide" be changed to "shall provide" . MOVED BY ALONGI , SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 938 WITH THE CHANGE NOTED ABOVE. ORDINANCE NO. 938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH NORTH PEAK PARTNERS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER i PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 42. City Council Committees/Study Sessions. (F:44.1) (X:59. 1) (X:12O. 1) City Attorney Harper advised that he had prepared an opinion to inform the Council of the latest legislation on this matter. He further advised that the court has held that anytime a standing committee meets, it is a legislative body for the purposes of the Brown Act and all provisions of the Brown Act including agendas, notices, regular meetings schedule and public comment section are applicable, just the same as a regular City Council meeting. He indicated that the purpose of informing Council of this matter was not to influence their decision, but to inform them of the recent court decision. Councilman Winkler commented that committees have a way of becoming legislative bodies and there are Brown Act problems with that. He also commented that the Water Board has eliminated their standing committees and have gone to study sessions; he indicated that it is better for the Council to discuss items when all five are present to provide staff with proper direction and input from all five Council people. Councilwoman Cherveny questioned the proposed committee changes and indicated that she personally did not have time to attend every single one of the different meetings. City Attorney Harper clarified the difference between a standing committee and having a representative to another agency. City Manager Molendyk suggested that there could be representatives to the other agencies and this could eliminate standing committees. Councilman Alongi inquired when the new ordinance regarding the Design Review Committee would take effect. City Attorney Harper stated that it is 30 days after the second reading. Councilman Alongi asked if the Council was going to have time to attend all the meetings necessary if there are no committees. He further stated that he thought that some standing committees, such as Public Works and Public Safety were effective in saving time for the Council and were good avenues for information. Councilman Winkler explained that study sessions are as much for staff's benefit as the Council . He further explained that this gives staff good direction from Council . Councilwoman Cherveny asked for a clarification in regard to what stays and what goes. City Manager Molendyk listed the following status of the committees: JPA/EWD - Representative LEMA (Lake Stabilization) - Representative Chamber of Commerce - Representative RCOG - Representative t Habitat Conservation Agency - Representative Senior Citizens - Representative Planning Commission Liaison - Representative RTA - Representative SCJPIA - Representative LOCC - Any or All of Council Inland Empire LOCC - Any or All of Council Mayors and Councilmembers Conference - Any or All of Council Finance Committee - Dissolved Public Works - Dissolved Public Safety - Dissolved Parks Committee - Dissolved Design Review Committee - Set by Ordinance Nuisance Abatement Committee - Ordinance - Rotational Council Representative I i PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 Councilman Alongi stressed how important he felt the Public Safety and Public Works committees meetings were. City Attorney Harper cautioned that if Council wishes to keep some of the committees, then they must be on a set meeting basis with agendas, notices and public forum. He explained that they would be handled the same as a Council meeting. Councilwoman Cherveny asked that Council be reassigned to the committees to balance the assignments.. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ABOLISH ALL STANDING COMMITTEES THAT ARE NOT PART OF ANY ORDINANCE OR RESOLUTION, PUBLIC COMMENTS NON-AGENDIZED ITEMS City Residents Helena Holman, 15062 Danielle Way, expressed concern that she has been called a "hate monger". She commented on the FOCUS group flyer and the current recall efforts. She supported Edith Stafford, Christine Hyland and Penny Baker for their interest in the community. Laurie Tollestrup, 672 Woodcrest Drive, Apt. B, commented on the needs of local residents and the responsibility for the Lake and its fish kill conditions. She indicated that she feels the City has the ability to put water in the Lake. Marge Rieder, 300 N. Ellis, commented on the Downtown East Assessment District and her concern with its consideration. She expressed concern with an additional tax which would impact senior citizens on fixed incomes. She also commented that she is now supporting the current recall efforts and announced the location for signature of recall petitions. City Attorney Harper clarified that the only action on this assessment district to date was the direction to prepare an engineering study of the area. He further clarified that the Council cannot proceed without a public notification process and the current consideration is very ear'y in the process. Leon Strigotte, 216 Chaney Street, commented on misinformation being circulated amoung local residents. He stressed that the control of the Lake has been with the State Department of Parks and Recreation for some 30 years. He further stressed that the Lake Management Project is under the control of the Water District, not the City. He addressed. Penny Baker indicating that she is a registered voter in the County area and her local representation is at the County level . He indicated that the City Council should only be addressing the concerns of the City residents, not County residents, as the City residents are tired of paying for the County residents. Rick Zwiefel , 101 N. Main Street, addressed Mayor Washburn and City Manager j Molendyk indicating that he questioned their intentions for the City. He commented on the Main Street Redevelopment Project and expressed concern that there has been no follow-up promotion or advertising for the project. He also commented that he feels the City is not adequately addressing the Lake, only letting it dry up. He questioned the current direction of the City. County Residents Art Chaskin, 18949 Grand Avenue, thanked City Manager Molendyk for his efforts, as he feels he has done a good job and provided good answers. He commented on the recent loss of the Rodeo; the recent payment by developers in Tuscany Hills; and documentation on the Mayor and brokershi'p. He also commented that he has never signed a recall petition and has spoken to Council on a number of issues. He requested an opportunity to meet with the Mayor and discuss these issues. Sue Corley, representing Wildomar Food Share introduced David Whitley who i PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 i explained the efforts and affiliations of the Food Share program. He apologized for representations to the City Council by an individual and thanked the Mayor for attending their recent meeting. Herlinda Alberti , 33120 Stoneman, representing Save Our Kids, thanked Mayor Pro Tem Dominguez for his assistance in finding a meeting location, and thanked the community for its support. She advised that she was present to show the kids ov gernment at work. She str essed the nee d for additional assistance City and the Community and invited all to attend from the their meeting on September 14th at 7:00 p.m. at the Lake Community Center. j Robert Houts, 32946 Rose Avenue, commented that the Lakeshore Homeowners Group is still waiting for the City's support of their launch rights. He further commented that even a letter of support to the State would be helpful . Marion Weisis, 33120 Stoneman, commented on the efforts of Save Our Kids. CITY MANAGER COMMENTS City Manager Molendyk addressed the comments of Mr. Zwiefei and explained d that the City Council sets policy for p y local government and the City Manager is empowered to administer that policy. CITY COUNCIL COMMENTS Councilwoman Cherveny indicated that she would like to see the agenda format reevaluated and consideration given to placing Study Sessions prior to regular Council Meetings; moving the meetings to 6:00 p.m. ; and moving public comments to the beginning of the meeting. Councilwoman Cherveny commented for the record that due to the length of the ; meetings, the August 25, 1992 minutes were not included in this agenda packet. She also commented that the Warrent List is being reformatted for clarification. She further commented on Committee appointments and requested that the Mayor review them. Mayor Washburn requested a list from staff for evaluation. Councilwoman Cherveny addressed the Chamber of Commerce and the Downtown Business Association and commented that she has always sup ported pported both organizations and feels there was not effort to take over their events. She further commented that she will continue to support the efforts of these organizations. Councilman Winkler commented that the recent Chamber of Commerce mixer went well and he wished them well in their efforts. He also commented that he will be meeting with Mr. Warner. He expressed understanding of the frustration involved in the parade request and advised that he is not sure of the alternatives at this time. He enccouraged the Community to contribute to this event. Councilman Winkler commented that he likes the idea of study sessions before Council Meetings, but would support moving the meeting earlier. He further commented that he would prefer to retain the current public comment format; he xplained that he would not want people present for public hearings and business items to wait through public comments. Councilman Alongi commented that while he appreciated the input from County residents, the Council needs to address City needs. He further commented that he will also continue rejecting items which require funding for the Lake as long as it retains in the hands of the State. He agreed with maintaining the 7:00 p.m. start time for Council Meetings. Councilman Alongi also commented on the Rodeo and took the blame for loss of the event and suggested that quicker action might have retained it. He advised that he has received several calls and letters regarding the Assessment District in the Downtown area. He apologized to the public for his behavior at the last City Council Meeting. PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 8, 1992 Mayor Pro Tem Dominguez commented on recent action to dissipate the odor from the Lake and advised that this was a City contract. He advised that to encourage ridership, R.T.A. will be holding a free ride day. Mayor Washburn concurred with retaining the 7:00 p.m. start time with earlier Study Sessions. He also advised that he feels the current public comment format is adequate, and stressed that those comments should be for the betterment of the Community. He detailed the accomplishments of the last 12 years on the Lake Management project for which will total approximately $65 million. Mayor Washburn also advised that applications are now available for two business people to serve on the Design Review Committee. At the request of Mayor Washburn, City Attorney Harper commented on the recent "Recall Primer" distributed in the Community and clarified the allegations of that newpaper. With regard to the Ambassador Hotel , Mayor Washburn was representing the seller and asked for direction from the City Attorney; who advised that he should abstain from discussion on this matter and since that time he no longer represented that property and will not profit from the sale. Regarding the Outlet Center, Mr. Washburn has been investigated by the Fair Political Practices Commission and found to have no conflict, as he was not involved in the sale or profit from sale to the McArthur Glen Group. The $100,000 loan mentioned was a refinance of his property. And with regard to the RDA Loan, the loan was guaranteed by Estes and Washburn was only a shareholder at the time. The only obligation for this loan is with Mr. Estes. THE CITY COUNCIL MEETING WAS RECESSED AT 9:54 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:20 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 10:21 P.M. TO DISCUSS LITIGATION WITH OMG & KUNZ. HE CITY COUNCIL MEETING RECONVENED AT 10:41 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURR AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 1 :42 P.M. GARY . WASHBURN, MAYOR CITY F LAKE ELSINORE TTEST: I VICKI KASAD, CITY CLERK CITY OF LAKE EL.SINORE i I i i I MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 22, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER I Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, City Planner Christen, Community Development Manager Shear, Special Projects Coordinator Basham, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS None. PUBLIC COMMENTS - AGENDIZED ITEMS Mayor Washburn advised that he had a request to address Item #31 which would be heard in conjunction with the item. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: 1 Item Nos. l .b. , 2, 3, 5, 6, 8, 9, 10, 11, 13, 14, 17. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: i a. Regular City Council Meeting - August 25, 1992. (F:44.4) c. Regular City Council Meeting - September 8, 1992. (F:44.4) 4. Adopted Resolution No. 92-66 regarding Revision of Council Policy on Tape Recording of City Council Meetings. (F:120. 1) RESOLUTION NO. 92-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING REVISED COUNCIL POLICY NUMBER 100-7 REGARDING TAPE RECORDING OF CITY COUNCIL MEETINGS. 7. Adopted Resolution No. 92-67 agreeing to Participation in the Growth and Development Management Strategy for Riverside County. (F:140.13) RESOLUTION NO. 92-67 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, i PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 I REGARDING PARTICIPATION IN THE GROWTH AND DEVELOPMENT MANAGEMENT STRATEGY FOR RIVERSIDE COUNTY. 12. Approved Change Order No. 2 for the Lakeshore Drive/Robb Road Improvement Project, R.A. Ruiz Construction. (F:156.2) 15. Accepted Notice of Completion on Storm Drain Line "C" & "C-1: (Pre-Cast Only)Pipe p y) Phase I Storm Drainage Improvements _ 9 p and Leta a Street Y Water Lin e Relocation in Community Facilities District 88-3 for Utah Pacific Corp oration. (F:22.3) j16. Accepted Notice of Completion on Storm Drain Channel Line "B-1" (Stage 2 Phase II Storm Drainage Improvements in Community Facilities District ) � 88-3 for Bonadiman/McCain, Inc. (F:22.3) 18. Accepted Deeds from Collier Avenue Condemnations. (Mayor Washburn clarified that these deed s actuallypertain to Railroad p Canyon Road rather than Collier Avenue F:132. 1( ) (X:I56.2) 19. Approved Public Hearing Date of October 13, 1992, for the following: a. General Plan Amendment 92-4 & 92-4A; Specific Plan 89-2, Amendment No. 2; Development Agreement & Addendum to Environmental Impact Report 89-2 - Murdock Alberhill Ranch. (F:83.2) (X:150.2) (X:68.1) b. Adoption of Uniform Building Code, Housing Code, Code for the Abatement of Dangerous Building, Plumbing Code, Mechanical Code, Fire Code and Swimming Pool , Spa & Hot Tub Code, 1992 Editions and the National Electrical Code, 1990 Edition. (F:32.3) ITEMS PULLED FROM THE CONSENT CALENDAR 1 . Minutes b. City Council Study Session = Se tember 3 1992. (F:44.4) Councilwoman Cherveny advised that she pulled this item because she was not present at the meeting and would be abstaining from vote. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 0 WITH CHERVENY ABSTAINING AND WINKLER ABSENT TO APPROVE THE MINUTES AS SUBMITTED. III 2. L.E.A.F. Animal Control Activity Report = August, 1992. (F: 18.2) Councilman Alongi reported that the figures for dogs and cats turned in by owners and euthanized are down, and commended the public for improving these statistics. i MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR AUGUST, 1992. 3. Warrant List - September 1__5, 1992. (F:12.3) Councilwoman Cherveny noted that the Warrant List has been revised to isolate the break-downs for Community Facilities Districts. She advised that the items over $50,000 included the City payroll and the Sheriff's j Contract payment. i MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LIST FOR SEPTEMBER 15, 1992. 5. Tuscany Hills/Tract 17413-3 = Woodcrest .7 Request for Credit of Fees for Building Permits. (F:160.2) Councilwoman Cherveny questioned the Council Policy for bringing items PAGE THREE - CITY COUNCIL 11INUTES - S EPTEMBER 22, 1992 which have already been considered back before the Council ; and questioned the appeal period. City Attorney Harper clarified that there is literally no appeal of Council decisions, but there is the process for reconsideration. MOVED BY CHERVENY, SECONDED BY ALONGI TO DENY THE REQUEST FOR CREDIT OF FEES. Mayor Washburn inquired where Woodcrest is in the process and questioned what the request really means. City Manager Molendyk explained that the Council did previously deny this item, however the applicant is now moving forward with the development and has requested a credit. Mayor Washburn requested clarification that this was a request for credit and not a refund. Staff confirmed. Councilwoman Cherveny commented that action has already been taken and the permits actually expired in April . Mayor Washburn stressed that development is moving forward. Mayor Pro Tem Dominguez suggested that different circumstances exist in this consideration in that the development is proceeding. Mayor Washburn questioned the time lapse and whether services will j require payment again. He clarified that no inspections have been done and no money will be returned, this would only be an allowance to use money already paid. Ron Van Daele, Vice President of Woodcrest Development of San Diego, advised that they are requesting a credit toward new permits they will be pulling. He confirmed that to date no inspections have been received for their previous payment. He stressed that they are now ready to proceed with development and are hoping for City assistance to reduce losses. He explained that they will be pulling 95 permits with work beginning on the Models and Phase I . Councilwoman Cherveny questioned the size of the homes. Mr. Van Daele advised that the size of the homes will be reduced Councilwoman Cherveny questioned the payment of Assessment District Fees and whether they would in fact be paid up front. Mr. Van Daele confirmed. Councilman Alongi commented that if this action is allowed others will want the same opportunity to wait a year and request the ability to build. He stressed that the int ent of obtainingthe permits s in the first lace P p was to avoid Water District increases. He suggested that the developer gambled and lost. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES. 6. Estoppel Certificate (Woodcrest/Montacinol Tuscany Hills Development Loan Restructure. (F:68.1) Councilwoman Cherveny advised that her question with this item had already been answered by the applicant. Mayor Washburn requested clarification of this action. City Attorney Harper explained that p p this allows transfer of the paperwork for a loan restructure while maintaining constraints of the Development Agreement. p 9 MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE ESTOPPEL AGREEMENT AND AGREE TO THE ASSIGNMENTS. 8. Vending Devices - Lake Community Center - Keystone Vending Corporation. (F:50. 1) Councilwoman Cherveny requested that Community Services Director Watenpaugh rovide more information on this item.p She commented that she was amazed PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 with the process it took to finalize this item. She further commented that it began in July with a 5-0 vote for a trial program and is just now .coming to the installation. She suggested that government needs to find a quicker way to process this type of item. She inquired whether it would be possible to include a machine at the Senior Citizens Center and back in City Hall . Community Services Director Watenpaugh explained the proposal which is being presented, to include a return to the City of 20% of the gross less the licenses and taxes. He further explained that he has discussed the possibility of machines in City Hall and the Senior Center and Keystone is willing to provide those as well . i Mayor Washburn questioned the staff processing of this item. Community Services Director Watenpaugh explained that it was necessary to bring this item back to Council because the original approval did not include the percentage figures for the contract. Mayor Washburn questioned the number of bids received on this item. Community Services Director advised that four letters were sent out and three telephone contacts were made, of which only Keystone was willing to provide the machines. City Manager Molendyk further explained that local firms were contacted in this process. Community Services Director Watenpaugh also advised that two met him at the site, however the distance is not cost effective for them. He further advised that this will be a six month trial program. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONTRACT WITH KEYSTONE, WITH THE AMENDMENT REQUESTED BY COUNCILWOMAN CHERVENY TO INCLUDE MACHINES AT THE SENIOR CITIZENS CENTER AND CITY HALL. 9. Graham Avenue .1 Authorization to Relocate Yellow Loading and Unloading Zones - Resolution No. 92-68. (F:162.2) Councilwoman Cherveny commented that it would be helpful to have a diagram of this item. Public Services Director Tecca showed a diagram of the downtown area. He explained that the red curb was approved in November of 1991; and that with the limitations caused by the driveways to the Graham Avenue Parking Lot, modifications are needed. He detailed the existing loading zones and the proposed changes. Councilman Alongi questioned the ability to move the loading zone up closer to the corner. Public Services Director Tecca advised that this could be done. Mayor Washburn requested an update via memo as to the final location. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-68: RESOLUTION NO. 92-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE RELOCATION OF A LOADING ZONE ON GRAHAM AVENUE. 10. Change Order No. 1 for Country Club Heights Trunk Sewer, Phase II Sewer Improvements, Community Facilities District 88-3. (F:22.3) Councilwoman Cherveny advised that while she has a better understanding of the Community Facilities District 88-3, she is still feels that it is unusual that these factors were not known up front. She felt that these items were obvious foreseeable factors. Pete Savello, Paul Moote & Associates, clarified that the electrical and sewage lines were underground and originally done without permits or maps. He further clarified the problems with the existing dog kennels and the ability of the CFD to obtain less expensive rates to replace them. He PAGE FIVE _ CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 i commented on the inconvenience to L.E.A.F. caused by this project and their effort to cooperate. He stressed that even with these improvements the project is still under budget. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE CHANGE ORDER NO. I FOR THE COUNTRY CLUB HEIGHTS TRUNK SEWER, PHASE II SEWER IMPROVEMENTS FOR RIVERSIDE PIPELINE, INC. COUNCIL CONSENSUS WAS TO APPROVE ITEMS 11, 13 AND 14 WITH ONE MOTION. 11. Change Order No. 2 for the Phase II Trunk Sewers in Machado Street, Le__Gaye Street, Soissons Street, Lincoln Street and Terra Cotta Street, _Community Facilities District 88-3. (F:22.3) Pete Savello, Paul Moote & Associates, advised that there were two substantial items on this change order one being the Jack & Bore method used, based on a field decision; and the other being a gas line relocation because the line was in the wrong place. He also advised that the Sewer Chimneys in this Change Order are a developer cost and will be reimbursed to the District. He further advised that the water line removal involved asbestos pipe and was therefore classed as a hazardous waste and required special removal and transporting. 13. Change Order No. 5 for Lincoln Street, Grand Avenue, and LeGave Street, Street Improvements, Community Facilities District 88-3. (F:22.3) Pete Savello advised that this item involved extra thickness for the pavement of Lincoln Street, raising manholes (this portion was removed from a previous contract to save time) , and the reworking of Machado School Parking Lot after heavy equipment was parked there for the project. 14. Change Order No. 9 for Storm Drain Line 'IV & " L Pre-Cast Pi a Only) Phase I Storm Drainage -Improvements and LeGave Street Water Line Relocation Community Facilities District 88-3. (F:22.3} Pete Savello explained this item which primarily involved new water lines. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE AGENDA ITEMS 11, 13 AND 14 ABOVE AS PRESENTED. 17. Final Approval of Tract Map 24383 - Tuscany Hi11s Homestead Development) . (F.160.2) Councilwoman Cherveny questioned the expiration date of this tentative map. Engineering Manager O'Donnell advised that the tentative would expire in December of 1992. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE FINAL MAP AND ACCEPT THE DEDICATIONS; AND AUTHORIZE THE CITY CLERK TO SIGN AND ARRANGE FOR RECORDATION. BUSINESS ITEMS i 31 . Business License - Wa ne's Weiner Wagon - Request for Additional Location. (F:34. 1) City Manager Molendyk explained that this request was processed through the Design Review Committee and it was determined that there is no need for electrical power; and after a two week trial period the Design Review Committee recommended approval to the City Council for one of the following sites: I 1) In the area within Gediman Park under the trellis; I 2) In the area at the Northwest corner of Main Street and Graham Avenue adjacent to the seating area directly in front of Elsinore Cycle Gear. Councilman Dominguez stated that Wayne's Weiner Wagon already has a cart PAGE SIX - CITY COUNCIL MINUTES - SE PTEMBER 22 1992 located at Builders Emporium, Saturday and Sunda and is the cart on Main Street Mondaythrough Y proposing to place g Friday. He further r stated that he felt that if he wanted to have a cart on Main Street, it should be a separate cart. Councilman Alongi explained that the original business license was to operate a cart at Builders Emporium, and since then he has made some revisions to his cart in order to operate on Main Street. He further explained that he didn't see any problem with operating Monday through Friday on Main Street and at Builders Emporium on Saturday and Sunday because the business has to be cost effective. Mr. Alongi stated that the owner of the cart should be able to move it around, especially since he has brought the cart up to Design Review Standards. Councilman Dominguez explained that he didn't want to mix this cart with any other location, suggesting that if the applicant is going to be on Main Street then the cart should remain on Main Street, if it is going to be located at Builders Emporium then it should remain there. There was general discussion between Councilman Alongi and Councilman Dominguez in regard to site and use. Mayor Washburn requested a photograph of the proposed cart. Councilman Alongi stated that the criteria was set by the consultants in regard to the theme of the downtown area and it cannot be placed on Main Street unless it meets that criteria and is approved by the consultants. Councilwoman Cherveny asked to see a photograph of the cart. Wayne Burns, 34002 Harvest Way, applicant, explained that he has one wagon and has appeared before the Design review Committee. Councilwoman Cherveny questioned the cover on the cart. Mr. Burns stated that it has a round umbrella, which met with the Committee's criteria. Mayor Washburn asked if there were other changes to the cart that the Design Review Committee requested. Mr. Bu rns urns stated that there were new graphics on the cart. Councilman Alongi explained that the cart was approved by the Design Review Committee with the change of the lettering and colors upon approval of John Ballew. He further explained that this was to save the applicant time and money. Mr. Burns stated that he would rather be in the downtown area but he has paid for the rest of the year at Builders Emporium and the modifications will be done to the cart if Council approves his request. He requested a 30 day grace period or the cart improvements to give him the opportunity to establish himself in the downtown area and generate some income to cover the cost of the changes. Councilman Alongi asked if the applicant's intent was to be in the downtown area only. Mr. Burns stated that he would like to continue to be in both places. Councilman Alongi questioned Council restricting Mr. Burns, ability to do business in both places. I Councilwoman Cherveny explained that she did not have a problem with Mr. Burns operating at both places, but she had a problem with approving the item without the actual design of the cart and allowing a grace period. She also explained that she approves of a hot dog cart in the downtown area, but has great difficulty accepting that the cart is not already in conformance. PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 Mayor Washburn requested clarification of the Design Review Committee action. Councilman Alongi explained that the Design Review Committee action was to approve the item based on the recommendations from John Ballew consisting of the appropriate colors and the appropriate lettering on the cart. If Mr. Burns conforms then the cart is approved, if he does not conform then the cart will not be on Main Street. Councilwoman Cherveny inquired whether Mr. Ballew had approved the cart. Mr. Burns stated that Mr. Ballew or Mr. DeGange could approve the design and Mr. DeGange had looked at and approved the design he is proposing. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO BRING THE BUSINESS LICENSE REQUEST FOR WAYNE'S WEINER WAGON AND REQUEST FOR ADDITIONAL LOCATION BACK TO COUNCIL IN THIRTY DAYS WITH NECESSARY MODIFICATIONS AND APPROVALS. Mayor Washburn commented on the timing of returning this item to Council and suggested that it could possibly be on the next agenda. 32. Recovery of Expenditures - Nuisance Abatement - Vacant Lot, 107 N. Scrivener Street. (F:32.4) City Manager Molendyk detailed this item and the recommended action. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 33. Extension of Time for Tentative Parcel Map No. 25717 JBrookstone Development, Inc. • Site is located on the Northeast Corner of Silver and Flint Street. (F:110.2) City Manager Molendyk detailed this request for a twelve month extension of time, which will expire on August 28, 1993. He further detailed the three conditions of approval added by the Engineering Division. He inquired whether Council still had questions on Condition #38. Mr. Alongi advised j that the question had been clarified already. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO GRANT A TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 25717 TO EXPIRE ON AUGUST 28, 1993, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE CONDITIONS APPROVED ON AUGUST 28, 1990, AS WELL AS THE FOLLOWING ADDED CONDITIONS OF APPROVAL: Findings i 1. Substantial progress toward the development of this Parcel Map has taken place. 2. Conditions have been added by the Engineering Department to insure the development will not impact public health, safety and welfare. 3. The Project as proposed and conditioned is consistent with the Goals, Policies and Objective of the General Plan. Planning Division Conditions 37. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. 38. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval . Prior to any grading, applicant shall obtain a grading permit and post appropriate I i PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 security. 39. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutants Discharge System Permit prior to issuance of grading permit. 34. Report on Recent Modifications to the City's Northwest Sphere of Influence Boundary. (F: 154.1) City Planner Christen explained that on July 23, 1992, the Local Agency Formation Commission modified the City's northwest sphere of influence boundary. He showed the specific changes on a map and explained the impact of the North Peak annexation on this modification. Councilman Alongi inquired whether and correspondence had been received from the public regarding this change. The City Clerk advised that none had been received. 35. Sales Tax Audit - Municipal Resource Consultants LLRCI -- Agreement for Services - Resolution No. 92-69. (F:68.1) Administrative Services Director Boone explained this agreement for sales tax auditing and advised that Municipal Resource Consultants have been in this business for 13 years, have a good reputation and have been very successful . He further explained that after an initial review, it is anticipated that they could find $60,000 to 100,000 in additional sales tax revenues for the City. He recommended that the City Council approve the agreement and resolution and appropriate the funds for a computer program which will monitor the revenues in the future. He also explained that the fee for this audit will be 25% of the revenues found. i Mayor Washburn inquired whether this is a fairly standard agreement for I this type of service. Councilwoman Cherveny questioned Exhibit A and the 1 ability to negotiate a figure other than 25% of the new revenues. Administrative Services Director Boone advised that this is a standard agreement and he is not aware of the ability to negotiate this figure. Mayor Washburn commented on the success of this type of audit done for the County E.D.C. and their discovery efforts. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT AND ADOPT THE RESOLUTION OF CONFIDENTIALITY FOR MRC TO EXAMINE SALES AND USE TAX RECORDS. 36. Transportation Demand Ordinance No. 941. (F: 140. 14) Public Services Director Tecca detailed this item and advised that it is based on State Law and meets A.Q.M.D. requirements. He explained that it would require all new developments to develop a plan to reduce the trips generated as a condition of development. He further explained that the goal is a 12% overall reduction in trips, and applies only to employers of over 100 employees. He also explained that existing employers will be required to adopt a plan when business licenses are applied for. He advised that there is currently no method of monitoring compliance. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 941 . Councilman Alongi inquired whether the 100 employees would be per business or whether it could apply to the Outlet Center. Public Services Director advised that the ordinance specifies "an employer". Mr. Tecca further clarified that smaller business are encouraged to comply volutarily. Mayor Washburn stressed the complexity of this program expressed concern with the problems this ordinance may create. Public Services Director PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 Tecca advised that the City has until December 31, 1992, to adopt the Ordinance. Mayor Washburn advised that he would be more comfortable wiht a continuance of this item to allow futher study and include Councilman Winkler's input. He further advised that he would like a more in-depth analysis and input from the State and County. Mayor Pro Tem Dominguez commented that the funding associated with this program is tied to a number of pending projects. Councilman Alongi inquired if the bridge funding would be lost if this program is not adopted. Public Services Director Tecca advised that it would not be lost if the City meets the December 31st deadline. I Mayor Washburn requested a substitute motion for continuance. Councilwoman Cherveny advised that she had attended a WRCOG meeting on this topic and it is a very complex issue, which the State is putting teeth into. She further advised that she had no problem with stalling this ordinance. i City Planner Christen commented on the experience the Irvine Spectrum has had with this program. THE PREVIOUS MOTION WAS WITHDRAWN BY THE MAKER WITH APPROVAL OF THE SECOND. MOVED BY -CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO TABLE THIS ITEM. 37. Revision of Council Policy - Preparation of City Council Agendas Resolution No. 21z. . (F:120.1) City Manager Molendyk highlighted this request from Councilwoman Cherveny to move the Public Comments portion of the meeting to the beginning of the agenda. Councilwoman Cherveny advised that she has received numerous requests for this change from Senior Citizens Children, etc. She explained that this was changed approximately one year previous and there are many citizens who would like it change back. MOVED BY CHERVENY TO MOVE PUBLIC COMMENTS TO FOLLOW PRESENTATIONS ON THE AGENDA, SECONDED BY ALONGI WITH AN AMENDMENT TO PLACE IT AFTER THE CONSENT CALENDAR. City Attorney Harper clarified that the Council is required to allow comments on all agenda items. Councilwoman Cherveny clarified her request. Councilman Alongi clarified that he would like it for the agendized items. City Attorney Harper further clarified that the Consent Calendar Items are items on which comment must also be allowed. MOVED BY CHERVENY, SECONDED BY ALONGI TO MOVE ALL PUBLIC COMMENTS TO FOLLOW PRESENTATIONS. Mayor Pro Tem Dominguez commented that this was changed only a year ago and he would not be in favor of this change. Mayor Washburn advised that he has discussed this issue with other cities and detailed the directions they have gone. He further explained that it was originally shifted to take away the forum for the media, candidates, etc. He explained that he would prefer to allow those addressing agenda items to speak first and he has no problem with the existing format. THE FOREGOING MOTION FAILED TO CARRY WITH A VOTE OF 2 TO 2 WITH DOMINGUEZ AND PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 WASHBURN CASTING THE DISSENTING VOTES. 38. Scheduling of Study Sessions. (F: 120.1) City Manager Mdlendyk explained this item which would set Study Session for the second and fourth Tuesdays prior to City Council meetings from 4 to 6 p.m. He further explained that if approved the Study Sessions would begin on October 13, 1992. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO APPROVE STAFF RECOMMENDATIONS. I Councilman Alongi expressed concern with the 4 to 6 p.m. schedule, as it does not allow time to prepare for the Council Meeting. He suggested sheduling from 3 to 5 p.m. , with a break from 5 to 7 p.m. Councilwoman Cherveny advised that she would prefer to keep the Study Sessions on Thursdays from 3 to 5 p.m. or on Council days from 3 to 5 p.m. , as she would also prefer a two hour break. Mayor Washburn requested that he motion be amended to allow only two items for each Study Session agenda. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. 39. Second Reading : Ordi� No. 939 - relatinC (F:172.2) to Zone Ch_ ange 92-3, I MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 939: ORDINANCE NO. 939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING OAK GROVE EQUITIES (ELSINORE CITY CENTER) SPECIFIC PLAN 91-1 AND A REZONE OF THE PROJECT TO SPECIFIC PLAN ZONING (ZONE CHANGE 92-3) . UPON THE FOLLOWING ROLL CALL: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: WASHBURN 40. Second Reading z Ordinance No. 940 - relating to Commercial Vehicle Loadina & Unloading. (.F:162.2) — — MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 940: ORDINANCE NO. 940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING A CERTAIN SECTION OF CHAPTER 10.40 OF TITLE 10 OF THE LAKE ELSINORE MUNICIPAL CODE, RELATING TO THE PROHIBITION OF COMMERCIAL VEHICLE LOADING AND UNLOADING ON MAIN STREET. i UPON THE FOLLOWING ROLL CALL: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN E NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: NONE i PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 41 . Lake Advisory Committee Update. (F:59.7) Mayor Washburn advised that the Lake Advisory Committee has met once and their next meeting will be on September 29th at 2;00 p.m. and will include Jim Laughlin, General Manager of Elsinore Valley Municipal Water District. Councilwoman Cherveny suggested that with the dissolution of the City Council Committees this committee should u be dissolved as well . MOVE D BY CHERVENY SE CONDED BY ALONGI TO DISSO LVE THE LAKE ADVISO RY COMMITTEE. Mayor Washburn clarified that .this is a committee made up of local residents and business people for input. He stressed that this is a different type of committee than those which were dissolved. Councilwoman Cherveny disagreed in that she felt the Public Safety Committee was just as important as the Lake Advisory Committee. She i stressed that all of the other committees have been abolished. Councilman Alongi concurred with Councilwoman Cherveny because he felt the Public Safety Committee and the Public Works Committee were just as important. He also commented that he would like to be part of this committee and have the opportunity to provide input. Mayor Washburn clarified the committees which were abolished and explained that this committee is citizens from the community who are interested in the future of the Lake. He further explained that they will be providing input to Council and he feels abolishment of the committee is a slap in the face of those citizens. Mayor Washburn requested that the City Attorney provide clarification p on committees. CityY Harper Attorney � clarified the limitations on committees pursuant to recent appellate court decisions; specifically standing commitees versus this committee. Councilwoman Cherveny inquired whether any Councilmembers were on this committee. Councilma n Alongi questioned the possibility of reducin g the number of Councilmembers serving on each committee and retaining the committees. City Attorney Harper clarified the restrictions based on the appellate court decision. . Councilman Alongi expressed concern that people interested in Public Safety, etc. had a line into City Hall thru those committees. He suggested that this committee is the same. Mayor Washburn clarified the process of recommending to Council and expressed concern that the other committees were cutting too many deals independantly and that is why they were abolished to allow all Council to provide input. Councilwoman Cherveny commented that there was no wheeling and dealing occurin 9 with those committees. Councilman Alongi co ncurred occurred that no wheeling and dealing occurred and stated that thsi committee is not important to him, however the Public Safety and Public Works Committees were just as important. He suggested that the committees continue with a reduction in the number of Councilmembers participating. Mayor Washburn commented on the prerogative to appoint committees. j THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES. PUBLIC COMMENTS NON-AGENDIZED ITEMS City Residents Jo Porthunder, 115 S. Spring Street Apt. 16 supported Mr. Burns and Wa ne's Y , P g p , PP y I PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 Weiner Wagon and suggested that he has the right to pursue his business. Lela Cardoza, 300 Ellis Street, informed Council that former Mayor Leon Strigotte has intereferred with her right to express her opinion regarding the recall efforts. She commented on Mr. Strigotte's efforts to recall Councilmembers Alongi and Cherveny and suggested that he had attempted to intimidate her. She also suggested that maybe she should have had him arrested. She stated that she would not tolerate further infringement on her rights. r Allan Eckart, resident of Butterfield Mobile Home Park, commented on the Conditional Use Permit requested for Elsinore West Marina. He expressed concern with a permit being granted unless the volume of music played at those activities can be regulated. He advised that the music recently played until 11 :30 p.m. Rick Zwiefel , 101 S. Main Street, addressed previous comments by City Manager Molendyk and suggested that the abolishment of City Council committees was a plan which only Mr. Molendyk and Mayor Washburn were informed of. He suggested that Councilmembers Dominguez, Washburn, Winkler and City Manager Molendyk were holding meetings before the meetings. He also suggested that with Councilman Winkler's absence, this was the first fair Council Meeting for Councilmembers Alongi and Cherveny. Chris Hyland, 15191 Wavecrest, expressed concern with recent discussions of hiring a psychologist to help Council resolve their differences. She further expressed concern with the commercial fishing proposal considered at the last meeting; and consultants such as B.S.I, Keith Company, etc. suggesting . that expenses could be cut by getting rid of them. She further suggested the possibly the City Manager should have been cut. Frank Robie, Jr. , 454 N. Kellogg, Apt. B. , expressed continuing concern with the lack of activities for all ages. He commented on the recent news coverage of the fly problems and suggested that the Lake is the breeding ground for a county-wide problem. Tom Hundshamer, President, Chamber of Commerce, commented on the membership drive which is currently underway and thanked Council for their assistance with this drive. He invited the Council and public to the next mixer to be held on Thursday, September 24th at Park Plaza Restaurant. He also announced an upcoming "play day" at the Rodeo Grounds. County Residents Bob Houts, 32946 Rose Avenue, questioned the recent Council approach to public comments and the prior efforts to be neighborly. He also questioned recent comments of Leon Strigotte and Councilman Alongi about County residents. He stressed the requirement that the City work with the County residents to proceed with the Lake Transfer addressed in Senate Bill 1697. Peter Dawson, 18010 Grand Avenue, commented on the Lake Advisory Committee and requested that the committee be allowed to continue and allow him the opportunity to assist the City in the future of the Lake. He further commented that the Committee is only interested in making the Lake a success. He stressed the impact of Lake Management on the County residents who are in the same proximity as the City to the Lake itself. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Councilman Alongi commented on the Amber Ridge Tract and clarified that he is interested in the problems they are having and he is not opposed to helping them, but he wants assurance that Elsinore Valley Municipal Water District is doing all they can to assist. Councilman Alongi further commented on L.E.A.F. 's vaccination program at the park and the lack of media coverage of this successful effort. He also commented on the lack of media coverage for j PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 i i the Chamber members who cooked hamburgers for the freeway workers. He advised that the work on Mission Trail is beingdone jointly by the City and E.V.M.W.D. and the efforts are cooperative on both sides. Councilman Alongi commented on the Street paving and sidewalk work which is pending and advised that it should be completed this year. Councilman Alongi addressed the Abatement program and commended Carol Gordon for getting the property at 1st Street and Mill cleaned up. He further addressed the County residents and stressed that he was elected by the City residents and they are his first priority. He also addressed the comments on the Lake and suggested that more information is needed as to what the City can do and he will provide no funding for it until the State turns it over. Councilwoman Cherveny requested that staff provide a follow-up report on the Ambassador Hotel . She further requested that staff look at a four-way stop for the Machado/Lakeshore intersection as she has received a request from Mr. Earl Doyle, due to the number of children in the area. Councilwoman Cherveny advised that she would be attending a Redevelopment Seminar in Burbank, She further advised that a partial payment has been received on Leonard O'Byrne's loan and it will be current by December 1, 1992. Councilwoman Cherveny requested that staff address s the new Police Facilit y in the Redevelopment Agency Budget, as she would like to see progress. She also requested an update on the two new police officers budgeted for this year. She advised Mr. Dawson that she has always welcomed his input and participation, however she would like to be as informed as the Committee members. Mayor Pro Tem Dominguez announced the new RTA Dial -a-Ride program which will be starting for Senior Citizens and Disabled Citizens. He detailed the hours of service and the fee and advised that more information could be obtained by calling (714) 684-0850. Mayor Washburn requested an update on the Methodist Church. He commented that the Lake is the most important issue in the Community and also the biggest burden for the City and the Water District. He reminded the public that the City still does not have control of the Lake. City Manager Molendyk reminded the Council that the Town Hall Meeting ori ginally g y scheduled for September 24th has been cancelled and will be rescheduled to accommodate the Council 's calendars. i City Attorney Harper advised that he would need a Closed Session to discuss litigation with O.M.G. and other potential litigation. THE CITY COUNCIL MEETING WAS RECESSED AT 9:14 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:41 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 10.41 P.M. TO DISCUSS POTENTIAL LITIGATION AND O.M.G. VERSUS THE CITY OF LAKE ELSINORE. THE CITY COUNCIL RECONVENED AT 11:35 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY ALONGI LND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY CO CIL MEETING AT 11:36 P.M. AR M. WASHBUR TTE N CITY LAKE ELSINORE T: ASA CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 13, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Cherveny. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Special Projects Coordinator Basham, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS None. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item Nos. 21 , 23 and 44. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos . 4, 6 and 12. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 . The following Minutes were approved: a. City Council Study Session - August 27, 1992. (F:44.4) b. Regular City Council Meeting - September 22, 1992. (F:44.4) The following Minutes were received and ordered filed: c. Planning Commission Minutes - September 2, 1992. (f:60.3) d. Planning Commission Minutes - September 16, 1992. (F:60.3) 2. Received and ordered filed the Building Activity Report for September, 1992. (F':32,2) 3. Received and ordered filed the Code Enforcement Activity Report for September, 1992. (F:54. 1) 5. Received and ordered filed the Investment Report for September, 1992. (F:12.5) PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 13, 1992 7. Adopted Resolution No. 92-71 relating to Speed Limits on Summerhill Drive. (F: 152. 1) RESOLUTION NO. 92-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS. 8. Approved Final Parcel Map 25586 for Ayres Development. (F:110.2) 9. Approved Final Parcel Map 26890 for Ayres Development. (.F: 110.2) 10. Accepted Grant Deeds for the Purpose of Easement Dedications for Various. City Projects at the following locations: (F: 132. 1) Lot 7 in Block 67 in Heald's Resubdivision for a 2.5 foot street right-of-way. Swan Avenue - Lots 19 & 20 for a 10 foot slope easement. Elsinore Hts. Tract No. 5 Lot 133 for a 5 foot public utility easement. 307 E. Franklin Street for a 5 foot street right-of-way. Lots 6 and 8 of Unit 15 of Country Club Heights for a 10 foot slope easement. Unit 12 Country Club Heights for 2-10 foot street right of way. 29610 Nichols Street for a 10 foot street right of way. 30413 Hill Avenue for 2-10 foot slope easements. Country Club Heights No. 15 lots 6 & 8 for a 10 foot slope easement and Lots 16 & 20 for a 5 foot street right of way. 11 . Accepted Grant Deeds for the Purpose of Street Right of Way Dedications at the following locations: (F:132. 1) 1009 Heald Avenue 1307 Sumner Street 308 Mohr Street 783 Lake Street 1051 Dawes Street ITEMS PULLED FROM CONSENT CALENDAR 4. Structure Abatement Activity Report - September, 1992. (F:32.4) Councilman Alongi questioned the abatements at 132 E. Sumner, 550 E. Lakeshore and 103 Mohr Street and whether this process could be stepped up. City Attorney Harper explained that the time lines are limited by statute and the City already processes very quickly. Councilman Alongi expressed concern with fencing and security of the properties. City Attorney Harper clarified that this is a different issue and the City can require that the properties be secured. Councilman Alongi inquired whether the property owners had been notified of this requirement. Community Development Manager Shear advised that the Sumner Street property has been fenced by the owner, the Lakeshore Drive property has been secured and a rehabilitation is being processed and he was uncertain of the Mohr Street conditions. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR SEPTEMBER, 1992. PAGE THREE - CITY COUNCIL MINUTES - OCT06ER 13, 1992 \ 6. Claims submittedby Eric Williams fCL #92-22 California Street Maintenance JCL #92-23 and Count of Riverside J L #92-24 (F:52.2) Councilwoman Cherveny requested clarification on the California Street Maintenance claim. City Attorney Harper explained that it was for "indemnity" in another lawsuit pending against the City. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO REJECT THE ABOVE MENTIOItED CLAIMS AND REFER TO THE CLAIMS ADMINISTRATOR FOR HANDLING. 12. Acceptance of Grant Deeds for the Purpose of Underground Water Right Dedications at the following locations: (F: 132.1) Lot 83 of Elsinore Heights - Unit 5 231 Pepper Street 221 Pepper Street 211 Pepper Street 1051 Dawes Street 309 Lindsay Street 313 Lewis Street 810 Pottery Street 808 Pottery Street 806 Pottery Street 804 Pottery Street 1307 Sumner Street 1109 Heald Street 10413 Hill Avenue, Unit #23 Lots 753, 754, 755 - 29610 Nichols Street Lots 19 and 20 - Swan Avenue 16801 Holborow Street 16792 Lash Avenue Councilman Alongi expressed concern with this item in that no consideration is given for these dedications and the City is not in the water business. He also commented that he feels this requirement is discriminatory against the builders. MOVED BY ALONGI TO RETURN THE DEEDS TO THE OWNERS AND THE CITY CEASE TO COLLECT THEM. MOTION DIED FOR LACK OF A SECOND. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ACCEPT THE DEDICATIONS AS LISTED ABOVE AND AUTHORIZE THE CITY CLERK TO RECORD THEM. PUBLIC HEARINGS 21 . Murdock Alberhill Ranch: General Plan Amendment 92-4, Specific Plan Amendment Number 2 Environmental Impact Report Addendum and Development Aqreement. Resolution Nos. 92-72 & 92-73. Ordinance Nos. 942 & 943. ((F:83 2}} (X: 150.2)(68. 1) City Nlariager Molendyk introduced this item and provided an overview of the project. He stressed the need for this to be a true business agreement to be effective. He deta.iled the proposed DAG fees and their distribution. Councilman Alongi requested continuance of this item to the next meeting, since the Council has been out of town with limited time to review the documents. Mayor Washburn clarified possible directions including the restrictions if the public hearing is opened. City Attorney Harper further clarified the difficulty in opening the public hearing and continuing it. He suggested that it would be better to continue the matter without opening the public hearing. i MOVED BY ALONGI , SECONDED BY CHERVENY TO CONTINUE THIS ITEM TO THE NEXT CITY f PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 13, 1992' I COUNCIL MEETING. Councilwoman Cherveny questioned the agreement and the reason the Planning Commission changes were not reflected in the agreement presented to Council . She commented that she would appreciate more time to review the materials. Mayor Pro Tem Dominguez commented that the information being requested is not generally received prior to the meeting. City Planner Christen clarified that the development agreement is not generally modified until after Council direction is received. He stressed that the Planning Commission direction is only a recommendation to the City Council . Councilwoman Cherveny questioned the ability to handwrite the changes in the agreement when presented. City Planner Christen clarified that this would be possible, if kept in mind that the changes are ongoing up to the Council consideration. Councilwoman Cherveny commented that she feels this would streamline the process. Councilman Winkler advised that he may not be able to attend the October 27th Council Meeting due to a court case in Washington, D.C. and requested that this item be scheduled for another date. Ilene Miles, representing Murdock Alberhill Ranch, advised that they would be willing to accommodate the Council and the November 10th meeting would be acceptable. Councilman Alongi clarified that he would like to postpone this matter to allow time to understand the material presented and a month would be fine with him. He suggested a Sudy Session be scheduled. MOVED BY ALONGI, SECONDED BY CHERVENY TO AMEND THE FOREGOING MOTION TO CONTINUE THIS MATTER TO NOVEMBER 10, 1992. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 22. Adoption of Ordinance No. 944 as it relates to the Uniform Codes. (F:32.3) City Manager Molendyk highlighted this item. Community Development Manager Shear explained that the Codes are updated every three years thru the International Conference of Building Officials. He also explained the changes and additions proposed. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:24 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:25 p.m. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 944: ORDINANCE NO. 944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER 882, AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS, DELETIONS AND ADDITIONS THERETO: UNIFORM BUILDING CODE 1991 EDITION; UNIFORM HOUSING CODE 1991 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1991 EDITION; UNIFORM PLUMBING CODE 1991 EDITION; UNIFORM MECHANICAL CODE 1991 EDITION; UNIFORM FIRE CODE 1991 EDITION; NATIONAL ELECTRICAL CODE 1990 EDITION; UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1991 EDITION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI , CHERVENY, DOMINGUEZ, WINKLER, WASHBURN PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 13, 1992 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCIIMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE APPEAL 23. Appeal of Planning Commission Action on Conditional Use Permit 92-8 Elsinore West Marina. (F:67.2) City Manager Molendyk gave an overview of the appeal and stated that staff recommendation was to uphold Planning Commission decision on Conditional Use Permit 92-8. Councilman Alongi stated that he objects to activities other than the operation of an R.V. Park at this location. He explained the Temporary Use Permit (L.E.M.C. 17.98.020 and 17.98.030) and suggested that this would help limit the uses; while a Conditional Use Permit would allow the applicant to have any activity at any time and as often as he chooses. He further suggested that the security for the activities should be addressed by the Sheriff's Department through a separate application because of the number of people who will attend each activity as addressed in the "Municipal Code under 17.98.070 - Standards of Operation" . Councilman Alongi recommended that Council deny the Conditional Use Permit and suggested that the applicant wait for the new Special Events Permit Ordinance currently being written by the City Attorney. Councilwoman Cherveny read a letter from Captain Wayne Daniel indicating that the application addressed several different events and more information regarding each event would need to be provided before he could make a judgment in regard to the necessary security. She stated that it was her opinion that the Sheriff's Department did not favor a blanket permit and would rather have each event handled on an individual basis for security reasons. Councilwoman Cherveny also recommended that the request be denied. Mayor Pro Tem Dominguez commented that Condition #4 states that each event must be reviewed by the Fire Department and the Sheriff's Department prior to each event. He further commented that he felt the conditions mitigated the stated concerns of Council and he had no problems with having activities on the Lake as long as all the conditions are met. Mayor Washburn asked for the added Conditions of approval to be read for the record: I . No rap, heavy metal or hard rock music to the condition. 4. Notify the Sheriff's office weekly. 11 . Applicant shall provide temporary snow fence on Riverside Drive during the hours of operation for the Farmer's Market. 12. No parking on Riverside Drive. 13. On Riverside Drive post a right turn only sign on Saturday and Sunday, which would be a temporary sign, during operational hours. 14. All storage will be removed from the Street Fair area. Councilwoman Cherveny stated that she has had numerous calls asking for a denial due to the unsafe conditions and annoyance to the neighbors. i I i PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 13, 1992 City Manager Molendyk clarified that Special Events are what occur on an irregular basis, usually by a private organization or person who might want to come into the community. He further clarified that staff was asked to work closer with the local business community , especially in the area of commercial recreational and tourism that the City is trying to encourage, to make the process easier. He also clarified that the intent of the Planning Department and the Planning Commission was to try and develop a process through a C.U.P, for those in the business of commercial/tourism to make it easier to get an approval on an annual basis; and then it would be up to the business to maintain a relationship with the police department and staff to work on their annual events to promote the City and their business. Mr. Molendyk stated that this was the reason this application was handled as a C.U.P. Mayor Washburn explained that even though this is an R.V. use the zoning still allows these activities under a C.U.P. He clarified that this is on a six month trial basis and then it will be reviewed again. He requested clarification of the plot plan. Community Development Manager Shear showed and explained the plot plan. Councilman Alongi questioned any other entrances to the park. Community Development Manager Shear stated that due to the traffic circulation another access was being considered. Mayor Washburn clarified that the north side of the property is vacant land, the Lake is to the east, and the Riverside Drive is to the west. Councilman Alongi asked where the right turn only signs will be placed. Community Development Manager Shear explained the location. Mr. Alongi questioned the ability to create a right-hand turn only on to a State Highway. City Attorney Harper stated that there is no legal requirement which prohibits the property owner or the City from creating a right turn only situation. Councilwoman Cherveny expressed concern that the City is setting a precedence and others will want to apply for the same type of C.U. P. , giving the applicant a blanket invitation to do whatever he wants to do, causing the City to lose control over the type of activities allowed. Mayor Washburn stated that this is on a six month trial basis and if more than 100 people are anticipated at the event, the Community Development Manager would be involved in the process. He further stated that there are existing curb cuts and ingress and egress will be dealt with appropriately. City Manager Molendyk explained that the intent was to assist local business. He further explained that it was Planning Commission's intent is to give some specific guidelines. He also explained that if Mr. Palmer does not comply with all of the conditions, then the C.U. P. can be revoked immediately. Councilman Winkler commented that under the C.U. P. the events do not violate any ordinances and Condition #1 restricts the type of events which can be held and in six months the C.U.P. is up for review. He further commented that Condition #4 clearly states that the applicant must be in contact with the Sheriff' s Department for each event. Councilman Winkler also commented that all the criteria has been met and he will vote to in support of the request. Coleen Barrett, 32900 Riverside Drive, Butterfield Village, addressed her concern regarding the traffic, the number of events at one time, number of people who will be in attendance and the noise level . She stated that the residents feel that each activity should be permitted individually. Willam Peyton, Elmore Investment Co. , Butterfield Mobile Home Park, read the letter he sent to the Planning Commissions stating the park's PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 13, 1992 objections to the activities requested. He stated that he objects to a blanket permit which would allow as many events as the applicant wants. Councilman Alongi stated that he feels this is a special situation and a C.U.P. has never been given to an existing business. He expressed concern that the time limits to notify the Sheriff's Department are just one week prior to the event verses the 30 or 60 days required for anyone else who is having a special event. He also stated his concern with the burden this places on the Sheriff's Department Ervin Palmer, Applicant, Elsinore West Marina, detailed the activities his park currently provides. He explained that there are several activities which will be brought before the City on a regular Special Events Permit basis, such as boat races, bungee jumping, carnivals, etc. , however, the activities planned are not of that magnitude and the expected turn-out will be far less. He also explained that Farmers' Markets are family events and will not create loud noise late at night. Mr. Palmer explained that there are several Farmers' Markets being held throughout Southern California which are good clean family fun and very successful . Councilwoman Cherveny stated that she did not wish to imply that the Sheriff's Department was against the activities, but rather that in order for them to give a recommendation for security they would need more information on each event. Mr. Palmer stated that he uses the Tri Lake Security Patrol in order to keep everything safe and secure. Councilman Alongi expressed his concern in regard to all the activities and stated that he felt that event by event permit fees were applicable. Mayor Washburn asked Mr. Palmer to explain the activities planned. Mr. Palmer explained that there would be a Farmers' Market every Saturday supplemented with a hot dog stand, some arts and crafts and live entertainment once a week. Mr. Palmer stated that he holds a business license and this is consistent with the type of business being done in several other R.U. parks. Councilman Winkler advised that he has heard no objections to the activities planned, and he felt that the Sheriff's Department could address the traffic and safety concerns. He reminded Council that there will be a review in six months. City Attorney Harper clarified that there are currently two sections of the code that address Special Events, one is the Special Events Ordinance in Section 5.73 the second is Temporary Outdoor Activities in Section 17.98. The Council can approach each temporary event through those ordinances, or Council under the zoning code can adopt a Conditional Use Permit which affect the sum of those under one business activity. The latter being the one staff used. Councilman Winkler commented that the fees for a Temporary Outdoor Activity Permit are for processing and staff time. Councilman Alongi stated that this is not addressing one event, but several events on the same day. He further stated that he felt that the applicant should go through the same process as everyone else because staff will have to address each event and approve it. Mr. Alongi stated that the business is an R.U. park and not a fairgrounds, therefore it is a special event since there will be more than one activity occurring. Mayor Washburn explained a Conditional Use Permit and stated that he recognizes the concerns of the surrounding property owners. i MOVED BY ALONGI, SECONDED BY CHERVENY AND FAILED TO CARRY TO DENY THE PLANNING COMMISSION ACTION GRANTING CONDITIONAL USE PERMIT 92-8 - ELSINORE WEST MARINA. ,II PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 13, 1992 MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION DECISION TO GRANT CONDITIONAL USE PERMIT 92-8 - ELSINORE WEST MARINA. BUSINESS ITEMS 31. Warrant List - September 30, 1992. (F:12.3) Councilwoman Cherveny commented that she had no items over $50,000. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED -BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST OF SEPTEMBER 30, 1992. 32. Recovery of Expenditures - Structure Abatement - 29375 Pinnell Street. (F:32.4) City Manager Molendyk detailed this item and the associated costs. Mayor Washburn stated that there was a letter from Mr. Lee, Attorney At Law asking for a continuance of this item. City Attorney Harper, after reviewing the letter from Attorney Lee, explained that he sees no reason to take action to continue this item. He indicated that the demolition and removal has already taken place and this item is for a lien of that cost. Mr. Harper explained that the property owner was properly notified of the appeal and did not pursue it at the appropriate time. Councilman Winkler explained that in Attorney Lee's letter he asked that an objection be noted for the record. The letter also indicated that a claim would be filed in regard to damages incurred by the estate in regard to the demolition. Councilman Alongi commented that he had talked with the property owner and he felt that the garage was not causing a hazard for the public, but it has caused a burden to the property owner and problems with the insurance, since the foundation as well as the garage was removed. City Attorney Harper explained that it is the City's practice when demolishing a structure, is to demolish the entire structure including the foundation, because the foundation by itself represents a problem. He further explained that a structure cannot be rebuilt upon that foundation, and that is the purpose of the abatement. Mr. Harper stated that the proper notification was followed and the property owner did not appear. Since there was no intent shown to rebuild the living structure the garage was abated because it is only an accessory structure. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 33. Recover of Expenditures - Structure Abatement - 309 North Poe Street. (F:32.4) MOVED BY CH RVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 34. Recover of Expenditures - Structure Abatement - 16290 West Lakeshore Drive. (F:32.4) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 13, 1992 35. Recovery of Expenditures - Structure Abatement - 110 East Lakeshore Drive. (F:32.4 MOVED BY CH RVENY, �ECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABA EMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 36. Recovery of Expenditures - Structure Abatement - 17690 Strickland Avenue. (F:32.4) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 37. Recovery of Expenditures - Structure Abatement - 15900 Grand Avenue. (F:32.4) MOVED BY CH RVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 38. Recovery of Expenditures - Structure Abatement ` 28875 Robb Road. (F:32.4) MOVED BY CH RVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 39. Establishment of Stop Controlled Intersections - Various Locations Resolution No. 92-74. (.F:162.2) Public Services Director Tecca commented on studies conducted throughout the City to determine the need for additional stop signs. He explained that the determinations had been made primarily based on visibility limitations. He also explained that the intersection of Chaney/Lakeshore had been found inappropriate at this time. Councilman Alongi addressed the locations proposed for new stop signs and commented that these are highly used by children going to school ; he questioned the procedure for placement of crosswalks. Public Services Director Tecca explained that they would need to be on the safest route to school and extensive study would be required. He also explained the stop bars and stop signs and the inability to place crosswalks at those locations. Councilman Winkler commented on the potential for increased danger from improper placement of crosswalks. Public Services Director Tecca commented on the Sheriff's Department study of marked vs. un-marked crosswalks and the burden on pedestrians. Councilman Alongi expressed concern that the students are taught to cross only at crosswalks, but the crosswalks are not in the places needed. Mayor Washburn suggested that staff obtain School District input and provide a memo to Council . MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO ADOPT RESOLUTION NO. 92-74: RESOLUTION NO. 92-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. Councilwoman Cherveny advised that her abstention was due to the proximity of her home to one of the intersections. PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 13, 1992 , 40. Establishment of a Passenger Loading/Unloading Loading/Unloading Zone in front of St. Francis Catholic Church - Resolution No. 92-75.71`--- M•T— MOVED BY CHERVENY, \SECONDED BY WINKLER TO ADOPT RESOLUTION NO. 92-75. Councilman Alongi commented that he doesn't feel a loading zone in front of a church is appropriate; as the church could place a sign or assign a person to control traffic. He suggested that if this one is allowed, all churches should be allowed loading zones. Mayor Washburn questioned possible alternatives .to loading zones. Public Services Director Tecca explained that this proposal is for a white loading zone which allows 3 minutes for passenger -l-oading and unloading. He distinguished it from a yellow zone for commercial uses, and explained that it is commonly used for theaters and churches. Mayor Pro Tem Dominguez concurred with Councilman Alongi . Councilman Alongi advised that he doesn't feel this is an important issue. He suggested use of an usher to assist with loading and unloading as he doesn't feel this is appropriate use of loading zones. Mayor Pro Tem Dominguez commented that the church is busy more frequently than Saturday and Sunday and this zone is particularly needed for funerals. Councilman Alongi suggested the use of barricades and commented that other churches are also busy throughout the week. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO I WITH ALONGI CASTING THE DISSENTING VOTE. 41. General Fund Budget Update. (F:30.1) City Manager Molendyk explained that the State budget was adopted on September 2, 1992, and strongly impacted the budgets of municipalities throughout the State. He further explained that this is the third year that the State has balanced its budget at the expense of the cities. He detailed the impacts on the City of Lake Elsinore General Fund Budget amounting to approximately $156,000 to $160,000. He advised that these impacts would be mitigated through the General Fund reserves. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THIS REPORT. 42. Adoption of Ordinance No. 945 as it relates to Health Services. (F:140.7) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 945: ORDINANCE NO. 945 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER 150, ORDINANCE NUMBER 372, AND ORDINANCE NUMBER 729, AND ADOPTING RIVERSIDE COUNTY ORDINANCE 492. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PAGE ELEVEN _ CITY COUNCIL MINUTES - OCTOBER 13, 1992 43. Transportation Demand Ordinance No. 941 . (F:140. 14) Public Services ,,Director Tecca detailed the requirements imposed by the County to reduce the number of daily trips generated by businesses. Mayor Washburn commented that this will be monitored through business licenses and inquired how it would impact utility companies. Public Services Director Tecca explained that publci agencies are governed separately on this -issue. Mayor Washburn questioned the voluntary program and inquired whether the processing fee would be waived for voluntary participation. Public Services Director Tecca explained that the fee only applies to staff time used and stressed that staff will be available to assist in development of plans. Councilman Alongi questioned why the fee is charged at all . Staff clarified. MOVED BY ALONGI , SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 941 . ORDINANCE NO. 941 AN ORDINANCE OF THE CITY OF LAKE ELSINORE RELATING TO MOBILE SOURCE AIR POLLUTION REDUCTION THROUGH REDUCING EMPLOYMENT RELATED MOTOR VEHICLE TRIPS AND EMPLOYMENT RELATED MOTOR VEHICLE MILES TRAVELLED. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI , CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 44. Human Services Center - Request for Funding. (F:64.4) Community Services Director Watenpaugh explained the establishment of the Human Services Center to provide a central area where a number of different agencies can provide services. He further explained the funding budget and the expectation that each program would contribute to their own functions. Mr. Watenpaugh advised that this request is for additional funding of $4,000 from the City and a possible $4,000 from the County. He also advised that at this time there has been no firm commitment and the City has met their 15% cap for the year. Councilman Alongi questioned the funding and the necessary programs which are provided. Mr. Watenpaugh detailed the current funding. Norm Bunchanan, 575 Chaney Street, requested an additional $4,000 for the Human Services Center to retain the services that this organization provides. He reported that in the first three months of the current fiscal year the Human Services Center has provided 1 ,284 service hours to the community. He gave an overview of the services provided and their need and again asked Council to fund the $4,000 to maintain the existing services. Lisa Baiter, United Way of the Inland Valley, explained that there has been a significant increase in services provided for the City. She further explained that the Human Services Center provides vital services to the community and helps people locally instead of having to leave the area to seek help. Joan Rosenberg, 237 W. River Road, Corona, of the Employment Development Department of the State of California, explained that Lake Elsinore has an PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 13, 1992 out station of the Department which is located at the Human Services Center. She detailed the services provided and stressed the importance of the ability to service from the Human Services Center to provide jobs and assistance. Beverly Speak, Alternatives to Domestic Violence of the County of Riverside, explained the services provided to victims of domestic violence. She stated that without their service the cost would be far greater to the taxpayers. Melody Erickson, Adult Literacy Program, 400 -W: Graham, at the Lake Elsinore Library, explained that the Human Resources Center refers people to their program and gives them the ability to reach out and educate. She further explained that due to the referrals from Human Services the program was able to help local citizens to learn to read and as a consequence gain employment from being able to fill out job applications. She encouraged Council to fund the Human Services Center. Patricia Woodruff, Shared Housing, appealed to Council to retain the Human Services Center as they are able to help provide affordable housing to the local citizens and it is a much needed service. Susan Ross, MFI Recovery Center for Substance Abuse, explained that their service provides treatment not only for the substance abuser but also to the families. She further explained that the Human Services Center is essential to the job that they perform for the betterment of the community. Jerry Cornelson, Volunteer Center, explained that his organization is made up of five services; a referral service, crisis hotline, care for the elderly, alternative service program, and advocacy program. He further explained that the Human Services Center provides the referrals which require the services needed by the Community. He further encouraged the funding of the Center. Councilman Winkler addressed the funds that have been made available to the Human Services Center and what has been provided. He further explained that he would hope that the County would contribute, and in light of the current budget he would like to see the City grant the $4,000. Councilwoman Cherveny supported assistance for the Human Services Center. Councilman Alongi explained that there are other needs within the community as well . He further stated that he felt that it was unfair to fund one type of service and ignore others. Councilwoman Cherveny stated that she felt that this was an urgent situation, and the Council can address other agencies as they come forward. Mayor Washburn commented that Council is very receptive to the needs of the different organizations in the community and this program has been extremely successful . MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY A 4-1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE TO ALLOCATE $4,000 TO THE HUMAN SERVICES CENTER WITH THE PROVISION THAT THE COUNTY MATCHES THE $4,000. THE CITY COUNCIL MEETING WAS RECESSED AT 9:44 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:56 P.M. 45. Installation of Downtown Murals. (F:34.2) City Manager Molendyk gave a brief history and overview of the request and explained that it was suggested that this item be referred to the Design Review Committee. Rick Warner, President of the Downtown Business Association, explained that PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1992 what his organization is asking of staff is to suggest a suitable site for the murals to be placed. He further explained this item has already been hung in the City and has already had approval of the Design Review Committee, so when a site is picked and approval has been received from the property owner, then the Planning Department and the Design Review Committee would have to approve the permit. Councilman Winkler suggested that this item be referred back to staff to work with the D.B.A. and find an alternate site. Councilman Dominguez stated that he felt that this item should be considered by the D.R.C. Councilman Alongi reviewed the history of the placement and removal of the murals. He explained that he would like to see the murals hung on the wall facing the parking lot for best vantage. Mayor Washburn explained that this is a chance for staff to work with the D.B.A. and find an alternative site. He further explained that he felt that this can be done easily. Councilman Alongi stated that this item is not appropriate to be heard by the D.R.C. He further stated that a lot of dollars went into this project and it should be displayed where the public can best view the murals and not where the D.R.C. thinks it should go. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO REFER THE ITEM BACK TO STAFF TO WORK WITH THE DOWNTOWN BUSINESS ASSOCIATION IN REGARD TO THE PLACEMENT OF THE DOWNTOWN MURALS. 46. City Center Development - Request for Financial Assistance. (F:58.2) City Manager Molendyk requested that this item be addressed by the Redevelopment Agency. Council concurred to refer this item to the Redevelopment Agency. 47. Business License = Placement of Mobile Vending Cart at the Intersection of Main and Graham = Wayne's Wiener Wagon (Continued from September 22, 1992 . (F:34. 1) City Manager Molendyk advised that this item was continued from September 22, 1992, and the applicant had resolved the concerns raised by the Council . Councilman Alongi commented on DRC approval for two locations with two weeks in each. Wayne Burns, applicant advised that he is not opposed to the two locations. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE LOCATION FRO A MOBILE VENDING CART AT THE INTERSECTION OF MAIN STREET AND GRAHAM AVENUE FOR WAYNE'S WIENER WAGON. 48. Scheduling, of Stud.y Sessions. (,F:44. 1)(.X: 120. 1) City Mannger Molendyk explained that no direction was provided at the last meeting and detailed the possible alternatives for meeting scheduling. Mayor Washburn commented that he is flexible as to hours, however he requested that the sessions be limited to two items each. Mayor Pro Tem Dominguez suggested that two hours is too long for two items and suggested that the study sessions be held from 4 p.m. to 5:30 p.m. Councilwoman Cherveny indicated that she wou-Ed prefer 3 p.m. to 5 p.m. with a two hour break before the Council meeting. She also suggested that the meetings be held in the evening to allow public input. PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 13, 1992 Councilman Alongi commented that it would be difficult to work with the 4 p.m. to 6 p.m. plan, and suggested that 3:00 p.m. to 5 p.m. would be more appropriate. H� stressed the need for the Community to be involved and suggested that the meetings be from 7 p.m. to 9 p.m. Mayor Washburn commented on the community and the timing of meetings and stressed that the community is always invited. He suggested that 3:30 to 5 p.m. would be good timing. Mayor Pro Tem Dominguez commented that the study sessions are for Council and questioned the public input relavance. City Manager Molendyk clarified the Town Hall Meetings are for public input and susggested that study sessions be for specific concerns on agenda items. He further clarified that the study sessions should be more procedural items with major issues being addressed in a separate meeting. Councilman Alongi expressed concern that study sessions are the only means of access for the community. He requested that there be study sessions to address all issues. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTE TO SCHEDULE STUDY SESSION FROM 4 P.M. TO 5:30 P.M. PRIOR TO CITY COUNCIL MEETINGS WITH A LIMIT OF TWO ITEMS PER SESSION. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, commented on her stress and loss of sleep due to the traffic on Grand Avenue. She questioned the ability of the City to fund advertising, Autumnfest, etc. ; and its impact on the ability to fund a sound wall in her neighborhood. She addressed a number of items on the warrant list and questioned their importance over the funding she has requested. Rosala Kiehl , 300 Ellis Street, Space 21, commented on the rent increases being imposed on elderly residents of Briarwood Mobile Home Park. She requested a City Council Study Session to review the rent being charged in the park. Mayor Washburn questioned legislation with regard to rent control . City Attorney Harper confirmed that the City may impose rent control . Marge Rieder, 300 Ellis, commented on meetings in which Mayor Washburn and Former Councilman Starkey participated in regarding the possibility of a rent review board. She further commented that no action has occurred. She detailed the rent increases since the property has changed owners, and explained the difficulty and expense in moving a mobile home to another park. She requested that Council pursue legislation to solve this dilemma. Bob Houts, Rose Ave. , Lakeland Village, commented on the pending request for restoration of launching rights to the residents of Lakeland Village. He detailed the efforts of these residents to date and again requested Council support of their rights. Peter Dawson, 18010 Grand Avenue, addressed the upcoming town hall meeting and questioned the correct date and time and the advertising in the newspaper was inaccurate. He appealled to the Community to attend this meeting and participate. CITY MANAGER COMMENTS City Manager Molendyk commented on the success of the Autumnfest program which was co-sponsored by the City to stimulate and encourage tourism. He detailed the festivities and the history of Airport/City relations. CITY COUNCIL COMMENTS Councilman Alongi requested information on the Grand Avenue sound wall . Public PAGE FIFTEEN - CITY COUNCIL MINUTES _ OCTOBER 13, 1992 Services Director Tecca advised that study had been completed and a memo provided to the City Council which estimates cost at $40,000 to increase the height of the existing wall . He advised that if Council would so desire the proposal could be brought to the next meeting. He further advised that the project would require rights-of-entry and waivers of liability from all impacted residents. Councilman Alongi inquired whether it would be necessary to move the wall . Mr. Tecca explained the ability to add on to the wall with additional support. Councilman Alongi addressed the requested rent review for mobile home parks, and commented that he is in agreement with the residents. He stressed the need to address this issue and assist the senior citizens. Councilman Alongi requested public input with regard to public safety and public works even though the Committees are no longer in place. Councilman Alongi commented on human resource programs and the need to assist with homeless people. He stressed the need for the City to assist and make its money work for the Community. He further stressed that these services will always be needed. He suggested a study session to look at purchase of a building to house programs and add services. Councilman Alongi also commented on his attendance at the League of California Cities Conference and stressed the educational factor of this conference. He detailed some of the programs attended and the importance of participating in this type of education. Mayor Pro Tem Dominguez advised that he has been contacted with concerns about parking in front of the Security Pacific Bank on Lakeshore Drive, in that it limits visibility of oncoming traffic. Councilman Winkler commented on Autumnfest and its success. He also commented on his Hot Air Balloon ride and his insecurity with not wearing a parachute. He further commented on the need for a hang gliding landing site on the County side of the Lake. Councilman Winkler addressed the Briarwood Mobile Home park concerns with rent increases. He concurred that the situation needs to be reviewed. Councilwoman Cherveny commented on her attendance at the League of California Cities educational conference. She concurred with Councilman Alongi on the importance of this opportunity to network with other elected officials. She further concurred with Councilman Winkler on the the need to review the rent situation addressed earlier. Councilwoman Cherveny took exception to a letter which was sent out to restaurants soliciting interest in the downtown area. She expressed` particular concern with this effort in that the Graham Street Parking Lot has only recently been completed and this will impact the availability of parking downtown. Councilwoman Cherveny questioned the timing for the two new police officers to be on the street. City Manager Molendyk advised that they would be on the street effective October 1.5th. Councilwoman Cherveny addressed 'the recent dissolution of committees and questioned when the other appointments would be reassigned. She particularly noted the Elsinore Water Transmission Authority whose meeting would be on October 14th. Councilwoman Cherveny noted that she had received good feedback on the Autumnfest festivities. Mayor Washburn also commented on the success of the Autumnfest event. He further commented on the the upcoming Town Hall Meeting and thanked Mr. Dawson for his correction to the date. PAGE SIXTEEN - CITY COUNCIL MEETING - OCTOBER 13, 1992 I Mayor Washburn highlighted the League of California Cities Conference and noted it Based Policiin and the importance of "image" on a a seminar on Community g p g Community. He noteq that the entire Council is interested in public safety and all are interested in input from the residents. Mayor. Washburn advised that he would be taking over the responsibility for the Elsinore Water Transmission Authority to help balance the Council assignments. Mayor Washburn detailed the most recent Lake Advisory Committee Meeting and advised that they discussed the water make-up for the lake and other related matters with Mr. Jim Laughlin of EVMWD. Mayor Washburn also commented that he has received a number of positive comments from people outside the City who are recognizing the efforts toward improvement. City Attorney Harper requested a closed session to discuss litigation involving OMG. THE CITY COUNCIL MEETING WAS RECESSED AT 10:55 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 12:24 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 12:25 P.M. TO DISCUSS PENDING LITIGATION ENTITLED OMG VS. CITY OF LAKE ELSINORE. THE CITY COUNCIL RECONVENED AT 12:31 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 12:32 P.M. GARY WASHBURN, MAYOR CITY F LAKE ELSINORE A TEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES TOWN HALL MEETING -- LAKE TRANSITION UPDATE CITY OF LAKE ELSINORE TERRA COTTA JUNIOR HIGH SCHOOL 29291 ROBB ROAD LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 20, 1992 CALL TO ORDER Mayor Washburn opened the meeting at 7: 05 p.m. and welcomed the public. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn INTRODUCTIONS Mayor Washburn introduced the head table which consisted of the following persons: George Cook, State Parks & Recreation; Burnie Cavendar, Lake Elsinore Management Authority; Ken Edwards, Riverside County Flood Control District; Don Monahan, State Parks & Recreation; Steve Stump, Riverside County Flood Control District; Peter Dawson, Citizens Lake Advisory Committee; Erwin Palmer, Citizens Lake Advisory Committee: Kevin Pape, City Treasurer/Citizens Lake Advisory Committee; Councilman Jim Winkler, Mayor Pro Tem Fred Dominguez and City Manager Ron Molendyk. DISCUSSION (F:92.1) Mayor Washburn explained that the purpose of this Study Session is update the public and to obtain input from the public with regard to the future operations and uses of the Lake. He explained that the priorities of the Lake negotiations to date have been: 1) To Stabilize the Level of the Lake at Elevation 1240; 2) To Maintain Water Quality suitable for Body Contact, Non- Restricted Recreational Uses; 3) To operate all Facilities as an Enterprise Account; 4) Combine all of the above to Revitalize the Recreational Aspects of the Lake. Mayor Washburn detailed the steps taken to date, including successful lobbying efforts on Assembly Bill 1697 (co-authored by Assemblymen Kelly & Clute and Senator Presley) , with approval and signature by the Governor to allow for transfer of the 3 , 000 acre lake to the City, subject to final conditions being met. He explained the City is in what could be considered the "escrow" stage of the process. ICity Manager Molendyk pointed out that in order to complete this process to current status, a number of agencies have been involved including the Federal Bureau of Reclamation, Army Corps of Engineers, Department of Fish & Wildlife, Department of Fish & Game, Department of Health, County Flood Control District, Santa Ana Watershed Project Authority, Elsinore Municipal Water District i PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 20, 1992 and many others. He explained that negotiations are currently moving forward a bit slowly, and was originally anticipated to take three years with a phased approach, however, based on the current State budget problems the State would like to turn the lake over to the City as soon as possible. He further explained that the transfer is intended to shift the Lake and recreation facility responsibilities to the City and the water easement to the Elsinore Valley Municipal Water District. Mayor Washburn commented that one meeting with State officials has occurred and the State is checking with legal staff with regard to the legal points of the transfer. He stressed that one condition of the transfer is that the City insure that the recreational needs for the Community are met. George Cook, State Parks & Recreation Department, advised that the only concern they have is that the residents continue to be able to use the Lake. He further advised that they are now ready to continue with the negotiations. Mayor Washburn commented on the future Law Enforcement needs relating to the Lake, which are estimated at $650, 000 to $700, 000 per year. City Manager Molendyk explained that the City is pursuing the potential of making the Lake a commercial endeavor to help offset the costs of maintenance, law enforcement and general operations. He further explained that this is the reason the public input and visions for the lake are being requested to help formulate the appropriate facilities. Mayor Washburn explained that the Lake Management Plan as it is today was formed because of the flood conditions in 1980. He detailed the history of the Lake Management Project and the project accomplishments to date. Burnie Cavender, Lake Elsinore Management Authority, showed the LEMA Brochure on Lake Management and provided an update of the joint efforts to date. COUNCILMEMBERS ALONGI AND CHERVENY ARRIVED AT 7 : 30 P.M. AND WERE INTRODUCED BY MAYOR WASHBURN. Burnie Cavender explained the work of the Santa Ana Watershed Project Authority to establish LEMA which consists of five agencies. He further explained that 14 items were required to complete the project of which 95% is complete. He commented on the currently levels of underground water tables and explained that they are lower than originally believed. Mayor Washburn addressed the efforts of SAWPA and LEMA to keep the project and discussions on track. Ken Edwards, Riverside County Flood Control District, detailed the history of discussions regarding the Outflow Channel Improvements from 1980 to present including the execution of a Local Cooperation Agreement with the Army Corps of Engineers in March of 1992. He advised that the construction on this 18 month project is anticipated to begin in May or June of 1993 and be completed near the end of 1994 . PAGE THREE- CITY COUNCIL MINUTES - OCTOBER 20, 1992 Mayor Washburn commented on the Citizens Lake Advisory Committee formation and explained that it was established to address concerns that residents and business people have with regard to the future of the Lake. He also explained the goals and objectives of this Committee being to interface and give comments on the transfer documentation, comments on the Lake Edge Specific Plan, provide County resident input, consider future recreational facilities and activities of interest to the Community. He commented that discussion at the first meeting was primarily how to put water in the Lake NOW. Kevin Pape, City Treasurer/Committee Member, advised that the Committee has met several times and discussed the ability to put water in the Lake on a short term basis until the major improvements are completed. He stressed that all alternatives come down to the money factor. Ervin Palmer, Committee Member, expressed concern with the lack of boating and the immediate need for more water. He stressed the need for quick action to reestablish the water level of the Lake. Peter Dawson, Committee Member, commented on Committee discussions and stressed the need to get water in the Lake as soon as possible. He commented on the future of the Lake and the importance of resolving issues to facilitate the transfer. Mayor Washburn commented on the potential for a tourism industry in Lake Elsinore and the need to generate revenue to off-set costs. Don Monahan, State Parks & Recreation, commented that when the water level was high, there were 600-700 boats on the Lake in one day. He compared that figure to the 50 boats over the entire Labor Day Weekend this year. He stressed the loss of income to businesses and the community. Mayor Washburn advised that the City has a staff person who works specifically on Lake related issues and deals with all of the other agencies to help keep the projects on line. City Manager Molendyk further advised that Bill Basham, Special Projects Coordinator, is an engineer and is the one to handle this interfacing with other agencies. Special Projects Coordinator Basham explained the potential for use of the wells to add water to the lake and clarified the costly nature of this type of action. He also commented on recent hearings relating to Title 22 water and the efforts to ensure that the water is safe for recreational uses. Councilman Winkler commented further on Title 22 Water and explained that there are different levels of processing and water quality encompassed by this terminology. He explained that this water can be suitable for full body contact/recreational purposes and Elsinore Valley Municipal Water District would ultimately be responsible for maintaining acceptable standards. QUESTIONS & ANSWERS Will Buck commented on concerns previously discussed in negotiations of the transfer and inquired with whom the ultimate responsibility of the Lake would rest. City Manager Molendyk clarified that Assembly Bill 1697 allows for transfer of the Lake and recreational facilities to the City and the water easement to PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 20, 1992 the Water District. Mr. Buck further commented on the original discussions of separating the agreements. He stressed the importance of obtaining assurance that the State would be responsible for the buy out of the current concessionaire. Mayor Washburn advised that it would be the City' s stance that this is a State responsibility. Brian Grant questioned the efforts to contact County residents per the conditions of AB 1697. City Manager Molendyk explained that City and County staff have met with each other and continue to do so to develop the appropriate specific plan. He detailed future plans to meet with the County residents, explaining that this is the beginning of the process. Mr. Grant questioned the appropriate contact at the County. Mayor Washburn suggested Joe Richards in County Planning and stressed that a public hearing process with occur. Mr. Grant advised that he is in support of the City taking over the Lake, but he questioned the direction the City Council is proceeding. Carol Kellogg stressed the rights of the residents to use the lake and beaches. Mayor Washburn advised that he has met with the homeowners groups in the area. He clarified that the Lake is still held by the State and they currently control the ability to launch from private property. Ms. Kellogg questioned the applicability of the rights granted them by the CC & R's. City Manager Molendyk clarified that it is the city's current understanding from the State is that only one property holds launching rights. Mr. Cook concurred that this is the State's position, explaining that this has been a controversy for quite some time including correspondence back to 1972 . He advised that the Attorney General has determined that there are no other specific rights to the Lake. Ms. Kellogg questioned the private beach access rights. Mr. Cook advised that access rights apply as long as the water touches the property legally designated. He further advised that he has seen the documents to which Ms. Kellogg refers. Ms. Kellogg further questioned the ability to maintain the rights of access. Mayor Washburn clarified that access will be allowed, however, the joint relationship must be worked out. Mr. Grant inquired whether the City would be able to make a commitment as to the future access by the next town hall meeting, or if a date could be provided when this decision would be made. Mayor Washburn clarified the difficulty in making this type of decision at this time or even knowing when a decision would be reached. George Edsel questioned where the necessary funding would come from. Mayor Washburn clarified that it is the hope of the City to establish the Lake as an enterprise account, in addition to work to obtain funding through AB 1697 . He further explained that this would hopefully generate revenue to off-set costs. City Manager Molendyk further clarified that the costs vs. revenues are still under review to determine whether the Community can afford to take over the Lake. Mr. Edsel addressed the costs charged by the State Park for camping and suggested that they have priced themselves out of reason. City Manager Molendyk further commented on the costs for the park and buying water. PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 20, 1992 Councilwoman Cherveny commented on the current evaporation statistics and the water necessary to off-set it. She stressed that the consensus of Council is that the Advisory Committee process does not superceed the State transfer requirements. She further stressed the openness of the Council toward input from the residents. Mayor Pro Tem Dominguez commented on previous meetings further stressed that the State has jurisdiction wherever the water goes. Mr. Cook clarified the boundary of the jurisdiction and the variations around the Lake, based on the property lines stated in the individual deeds. Mr. Monahan further clarified the State boundaries. Chris Hyland commented on previous contacts and discussions regarding the potential for Title 22 water being Body Contact approved. She questioned recent changes and inquired whether it had been determined that this water would be safe to put in the Lake. Special Projects Coordinator Basham advised that additional information on this question is being reviewed in Sacramento and the hearing process continued for approximately two months for further determinations. He further advised that a report by Dr. Asano indicates that this water could be nearly drinking water quality. He suggested that the final determination should be made in the next two months. Mrs. Hyland questioned the impact of power failure on the testing and pumping of this water into the. Lake. Mr. Basham explained that a power failure would prevent the water from being pumped at all and thus hold it until testing could occur. A lady in the audience, questioned the safety for children swimming in this water and possibly swallowing it. Mr. Basham advised that it is currently felt that this water is 90% pure and should help to improve the quality of the Lake through dilution. Councilwoman Cherveny questioned the processing and testing of Title 22 water. Mr. Basham advised that tests have been requested and staff is still working toward safe "body contact" water for the lake. Mayor Washburn clarified that pursuant to the agreement between the City and the Water District, the water must meet the standards of the Water Quality Control Board. Bob Houts addressed the "riparian" rights of the Lakeland Village Property owners and stressed the need to allow continued recreational boating ability. He detailed the history of these riparian rights and suggested that the Courts may be the only way to resolve the rights of the property owners. Mayor Washburn commented that he has met with these owners and clarified that it is still not the intent of the City to degrade the rights of any property owner. He suggested that Mr. Dawson is well representing the rights of those property owners. Mr. Cook commented that once the Lake is transferred the State position is a moot point. Mr. Houts commented that he had discussed this in detail previously i PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 20, 1992 and reiterated the need for the City to state its intent toward the rights of the residents. Mayor Washburn commented that he feels these residents are being heard, but the City is not at liberty to make commitments now. He stressed that he feels this matter will be resolved when it is timely. Mr. Grant further questioned the timing of information on a decision. Councilman Winker questioned the type of information Mr. Grant really wants at this time. Mayor Washburn further clarified the difficulty in the commitment requested. Councilman Winkler further clarified that no decision will occur until all input has been received and it is difficult to know how long that will take. Councilwoman Cherveny further clarified the process that will occur and stressed that this is the beginning of that process. Mayor Washburn inquired what uses the audience would like to see available on the Lake in the future. Suggestions included a clean Lake, approved property rights, ability to ski, a Jet Ski area, and fishing derbies. A gentleman in the audience, inquired what rights the City might have to water from Canyon Lake. Mayor Washburn explained that the City' s rights are really to only what comes over the spillway. City Attorney Harper further explained that this water is governed by the Tilley Agreement and explained its limitations. Members of the audience questioned the impact of dredging the Lake to prevent evaporation, etc, Mr. Edwards clarified the evaporation and the inability to reduce evaporation and maintain the existing surface acreage. Mayor Washburn thanked the attendees for participating in this meeting and providing input. THE MEETING WAS ADJOURNED AT 9: P.M. G R WAS �, MAYOR CIT F LAKE ELSINORE A TEST: ICKI KASAD, CITY CLERK CITY OF. LAKE , ELSINORE MINUTES JOINT STUDY SESSION CITY COUNCIL/PLANNING COMMISSION CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 27, 19%2 CALL TO ORDER The Joint Study Session was called to order by Mayor Washburn at 4: 05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER PRESENT: COMMISSIONERS: BULLARD, GILENSON, BRINLEY ABSENT: COMMISSIONERS: NEFF, SELLEVOLD Also present were: City Manager Molendyk, Assistant City Manager Rogers, Administrative Services Director Boone, Community Services Director Watenpaugh, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. DISCUSSION ITEM Laguna Heights S ecific Plan V:150.2) Councilman Alongi inquired how this matter could be addressed while it is a County project. He stated that there are still negotiations between Mr. Chen and the residents and stated that he could not see why the City would address an issue that is not within the City. Mayor Washburn clarified that this is a Study Session for information only and no Council action will be taken at this time. He further clarified that this is the opportunity for .the Planning Department and the applicant to address Council with the appropriate information in regard to the project and allow for questions from Council. City Planner Christen explained that this project was originally presented to Council in a Study Session on August 20, 1992 , and prior to and since that Study Session there have been numerous meetings between the Brookstone Homeowners Association Steering Committee, Western Development Company and the planning staff to work on solutions to the concerns of the Brookstone residents. An alternative plan has been developed and is being presented to address those concerns. Mr. Christen further explained that this presentation will focus on an alternative plan. Mr. Christen also explained that if the project goes forth there will be two separate PAGE TWO - JOINT STUDY SESSION MINUTES _ OCTOBER 27 , 1992 plans in the hearing, one being the Specific Plan with the original site plan for 219 units and a Hotel and the second plan that is to be presented here. He explained that this is set up for the E.I .R. to address the alternative plan so that in the Council will have the opportunity to consider two different plans. He further explained that the Planning comments regarding the E.I.R. have been sent to the applicant previously and the Engineering comments were faxed to the applicant this date. David Gottlieb, Project Manager for Western Properties, gave an overview of the original project proposal. He explained the proposed revisions are as follows: The deletion of the hotel; the units reduced from 366 to 120; the school site and commercial area have been deleted; the 160 acre National Forest Service property deleted; and with the reduction of units the traffic impact has been reduced with a net result that all of the projects traffic can be handled by the existing Amorose Street and Toft Drive. Mr. Gottlieb stated that he feels that the project is sensitive to the needs and concerns of the Brookstone property owners and he feels that this is a good and viable plan to take forward into a public hearing process. John Gamlin, The Keith Companies, responsible for the Environmental Impact Report, explained that after working with the Brookstone property owners and planning staff a good plan has been agreed upon and currently City staff is reviewing the second screencheck of the EIR and Specific Plan. He further explained that after they are satisfied that the documents are thorough and complete they will be circulated for a period of 45 days. He gave an overview of the costs of the project and the type of project that this will present to the Community. He further stated that the original plan was a very good plan and he felt that Council and Planning Commission should also look at it well. Mayor Washburn asked where the applicant was with L.A.F.C.O. processing at this time. Mr. Gamlin stated that it is going through the L.A.F.C.O. process concurrently. Mr. Gottlieb clarified that until there is a certified EIR and Specific Plan from the City of Lake Elsinore they are on hold with L.A.F.C.O. City Manager Molendyk explained that earlier this year the City was approached by Mr. Chen and his group to consider this project to consider annexation because it is in the City's Sphere of Influence. He further explained that at that time he met with some of the adjacent property owners and heard their concerns; as a result the developer and the property owners have worked together to solve their problems with the developer hoping to take this to L.A.F.C.O. for hearing by the first of the year. He further explained that they are fighting a time frame for financing. Mr. Molendyk explained that one of the amenities is a golf course and they were hoping to start grading the first part of next year. Chairman Brinley asked if this was going to create an island situation. Mayor Washburn explained that L.A.F.C.O. would address this issue and instruct the ,applicant accordingly. PAGE THREE - JOINT STUDY SESSION MINUTES - OCTOBER 27 , 1992 councilwoman Cherveny questioned the deletion of the school site. Mr. Gamlin explained that there is no school site on the property, however there is a alternate site that would better suit the area under consideration by the School District with which they could assist. She further questioned the area that is known as the future specific plan and whether it will be annexed into the City. Mr. Gamlin explained that this will be annexed in along with the rest of the project however, it will remain vacant and the zoning will be changed to be compatible with the current zoning of the County. Mrs. Cherveny expressed her concern regarding police protection for this project. Mayor Washburn explained that this impact will be addressed in the EIR. Councilman Alongi asked if the proposed project is in the County. Mr. Gottlieb stated that it currently is in the County. Mr. Alongi asked if the access to enter the project would be through the County area. Mr. Gottlieb stated that it would. Mr. Alongi further questioned the deletion of Laguna Heights Road and asked if it would create an impact on Amorose and Toft. Mr. Gottlieb stated that it would increase the amount of traffic. Mayor Washburn inquired whether the residents concerns could be heard at this meeting. City Attorney Harper advised that they could. Planning Commissioner Bullard questioned the Laguna Heights Road and there was general discussion in regard to traffic circulation. Mrs. Lee Rutledge, Brookstone Homeowners Association Steering Committee, stated that the homeowners moved to Brookstone welcoming change from their former city existence to an open space equestrian style existence. She further stated that what the developer is offering is a golf community. She explained that the deletions that were stated were not concessions, but rather items that had to be changed in any event. Mrs. Rutledge gave an overview of the items deleted by the developer. She further explained that traffic circulation and equestrian land use has not been adequately addressed. Mrs. Rutledge summarized by stating that density, equestrian and consistency of land use with adjacent project are still the Brookstone Homeowners Association's major concerns and still need resolution. Mayor Washburn commented on the text presented by the Committee and stated in reference to the second page, first paragraph the City council makes the final approval in regard to the Specific Plan and the EIR. He further commented on Page three regarding the environmental issues stating that part of the process is the approval of CEQUA and the State Law and this is all part of the EIR. Dr. K. S. Chen, Developer of Laguna Heights, explained his desire to develop in the Lake Elsinore area and that he sees his development as part of the natural progress of the area. He further explained the compromises that they have made with the Brookstone property owners. Mr. Chen discussed the design of the proposed golf course and why he felt: that it would be good for the City of Lake Elsinore. PAGE FOUR - JOINT STUDY SESSION MINUTES - OCTOBER 27 , 1992 Mayor Washburn stated that he has seen riding stables, canyon areas and golf courses blending together and this is an avenue that can be followed. He further explained that recreational uses do work well with those concepts. Mayor Washburn stated that he felt that annexation of this area could be beneficial, but all the concerns will have to be resolved. He further explained that he does not like to see entrenched sides and by the comments by Mrs. Rutledge and Dr. Chen he hopes that they will work out the concerns and come to an understanding. Councilman Alongi explained that he understands that this is a rural area and he feel that it is Council's responsibility to protect the rights that the property owner moved to the area for. He further stated his concern in regard to the annexation of the Brookstone area due to the annexation of his development. He explained that he would like to see this type of development but not at the expense of a community that is already established or at least without their cooperation. He further explained the equestrian trails be contiguous with all other trails. Councilwoman Cherveny asked if the houses are still abutting the existing homeowners. Mr. Gottlieb stated that they were not and explained their location. Mayor Pro Tem Dominguez stated that as an example equestrian activity and golfing activities are proved compatible in Canyon Lake. Councilman Alongi asked if the one acre lots abutting Brookstone property will be used as equestrian property. Mr. Gottlieb stated that it would not be zoned equestrian. Phil Irving, 14678 Amorose Street, explained that he felt that there were still two problems to be addressed. He asked if their property were annexed would they have the right to sell their property as equestrian zoned. Mayor Washburn stated that if their property were annexed it would still be zoned equestrian. Mr. Irving then asked if the streets would handle the traffic without widening the roadway to accept the extra traffic. Mayor. Washburn stated that would be found in the EIR. ADJOURNMENT Mayor Washburn adjourned the Stud Session regarding Laguna Heights Specific Plan at 5: 25 p.m GAR WASHBURN, MAYOR ATTEST .0 VI K KASAD, , CITY CLERK MINUTES \ REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 27, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 :05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Special Projects Coordinator Basham, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS CEREMONIALS A. Proclamation - Buddy Poppy Days. (,F: 122.1) Mayor Washburn read the Proclamation recognizing Buddy Poppy Days on November 8 & 9 , 1992 , and presented it to Buck Cheatham, representative of VFW Post 1508. Mr. Cheatham presented the first poppy of this year to Mayor Washburn and detailed the poppy drive and its goals. B. Proclamation - Red Ribbon Week. (F: 122. 1) Mayor Washburn read the Proclamation recognizing Red Ribbon Week and presented it to Captain Daniel, Lake Elsinore Station, Riverside County Sheriff's Department. He further encouraged the Community to support and become involved in this program. Captain Daniels thanked Mayor Washburn for this presentation and indicated that it would be hung in the lobby of the Sheriff's Department. C. Presentation - Dedicated Ambulance Service. (F: 127. 1) City Manager Molendyk explained that this was intended to be an update on the Ambulance Services to the Community. He further explained that City Treasurer Pape had recently brought to light a change in the Goodhew Ambulance operations, and the most recent changes are intended to improve service and reduce response times. Mike Harris, Riverside County Fire Chief, commented on the i PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 27, 1992 recent negotiations to provide better Ambulance service and advised that the dedicated Ambulance went into effect on October 26, 1992 . He stressed that this change will greatly increase the availability, and indicated that the service would now be dispatched by the Fire Department. He commended City Manager Molendyk for his work in facilitating this change. City Manager Molendyk thanked City Treasurer Pape for bringing this situation to his attention for resolution. Mayor Washburn stressed the benefit of this action to the Community. PUBLIC COMMENTS -- AGENDIZED ITEMS Mayor Washburn advised that he had a number of requests to address Item No. 39, and indicated that they would be heard in conjunction with consideration of the item. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1.a. , 3 , 4, 5, and 7. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Minutes The following Minutes were adopted: b. Planning Commission Meeting -- October 7, 1992 . (.F:60.3) 2 . Rejected and referred to Claims Administrator the Claims submitted Against the City on behalf of Atlantic Richfield Company (CL #92-13) and Anthony Cullors (CL #92-28) . (F:52.2) 6. Approved Public Hearing Date of November 10, 1992, for the following: a. Annexation 52 Revised, General Plan Amendment 92-1 and Zone Change 92-2 - Robert R. Dyer & Linda D. Wynn. (F:83.2) (X:20.2) (X: 172.2) ITEMS PULLED FROM CONSENT CALENDAR 1. Minutes (F:44.4) a. Regular City Council Meeting - October 13 , 1992 . Councilman Alongi addressed the Minutes of October 13 , 1992, indicating that on Page 5, Paragraph 2, he would appreciate having the code sections he noted included in the Minutes to support his denial of this request. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE MINUTES OF OCTOBER 13 , 1992 , AS AMENDED. PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 27, 1992 ` (F:144.3) 3 . RTA/Pass Sales Agreement for Lake Elsinore Senior Center. Councilwoman Cherveny explained this proposal and indicated that the City would receive 5% revenue from the ticket sales. She further indicated that she would like to see these revenues earmarked for use at the Senior Citizens Center. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO APPROVE THE PROPOSED AGREEMENT WITH THE FUNDS EARMARKED FOR THE SENIOR CENTER. Mayor Washburn inquired how these funds would generally be handled, and whether they would generally be placed in the General Fund. Councilwoman Cherveny indicated that the Seniors will be the ones buying the passes. Mayor Washburn questioned future problems with setting this type of precedence. City Manager Molendyk advised that staff recognizes the intent of Council and if there are problems with this direction staff will return with additional input. Mayor Washburn questioned difficulties this decision might make for finance. Mayor Pro Tem Dominguez clarified that this matter could be brought back if necessary. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 4 . 18th year C.D.B.G. Supplemental-Agreements for Fiscal Year 1992-93 . (F:84.2) Councilwoman Cherveny detailed this item which included funds for the Senior Citizens Center, and commented that while the funds seem extreme for horseshoe pits, there is a substantial amount of improvements proposed. She also detailed portions of the costs for the complete project. Community Services Director Waterpaugh further explained the improvements to be included and showed a rendering of the finished project, He indicated that this $71, 000 proposal also includes a block wall fence, handicapped accesses, trails, security lighting and landscaping. fie also explained that the specifications will be bid in such a way that alternatives to reduce costs will exist. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO APPROVE THE 18TH YEAR C.D.B.G. SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 1992-93 . Councilman Alongi commented on police services and service to Senior Citizens and indicated that there are other needs in the Community beside these. He suggested that a better use of this funding would be to use a portion of the funds toward purchase of a building to house services for the needy, homeless, handicapped, etc. in addition to senior citizen services. He further suggested that 1/2 of the funding be set aside for the future purchase of a building to accommodate these programs. Councilwoman Cherveny clarified the need for facilities for senior citizens, and indicated that this project was previously approved, however the funding did not come through as anticipated. She further indicated that she felt the seniors have waited long enough and if the funding is available it should be their *urn. Mayor Washburn concurred that these improvements are overdue. PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 27, 1992 THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 5. Rancon Pro 'ect - Formation of Community Facilities District - Resolution Nos. 92-76 and 92-77 . F:22.3 . City Attorney Harper explained that this item is a procedural step to set the public hearing for establishment of the proposed Community Facilities District, as well as the declaration of intent to incur Bond Indebtedness. Councilwoman Cherveny indicated that through discussions with this developer, work is well underway toward the theater, Food for Less and the other tenants proposed for this center. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NOS. 92-76 AND 92-77. RESOLUTION NO. 92-76 A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 . RESOLUTION NO. 92-77 A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 92-1 (LAKE ELSINORE PLAZA PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 . 7 . Amended and Restated Agency Agreement - California Endangered Species Permit - Stevens Kangaroo Rat. (F:76.2) Mayor Washburn highlighted this item. Councilman Alongi indicated that he pulled this item to comment that the K-Rat situation has gotten out of control in the Community. He suggested that while the City is required to sign this agreement, he would like a letter of protest to accompany it when it is sent to the County. He encouraged the public to write to .their Congressmen to fight this issue and detailed the limitations it has already caused. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THIS AGREEMENT, BUT INCLUDE A LETTER OF PROTEST WHEN IT IS TRANSMITTED. Councilman Alongi indicated that he would carry these concerns to the Committee. BUSINESS ITEMS 31. L E.A. F. Animal Control Activity Report - September, _ 1992 .. (F:18.'" Councilman Alongi commented that the statistics of these reports, including euthanization and animals turned in by owners have decreased for the last two months. He commended the residents for their efforts to reduce these statistics. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND ORDER FILED THE L.E.A.F. ANIMAL PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 27, 1992 i CONTROL ACTIVITY REPORT FOR SEPTEMBER, 1992. 32. . Warrant List - October 15_. 1992 . (F:1.2.3) Councilwoman Cherveny indicated that there was only one item on this warrant list over $50, 000 being the City of Lake Elsinore Payroll. She further indicated that after discussions this date, the process for paying bills would be reviewed to allow Council to approve items such as studies and capital items before the bills are paid. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RATIFY THE OCTOBER 15, 1992 , WARRANT LIST AS PRESENTED. ITEM NOS. 33-36 (F:32.4) City Manager Molendyk commented on Items 33-36 and indicated that questions arose this date as to the procedures for abatement. He advised that staff is willing to sit down individually with the Council or in a study session to clarify these procedures. He requested direction from Council. City Attorney Harper clarified the current process and stressed the notification to property owners which occurs. Councilwoman Cherveny questioned the effectiveness of the notification process if owners are out of the Country. City Attorney Harper further clarified the process. Councilman Alongi indicated that he would be willing to address these items in bulk, however he does have concerns with the process and the costs being charged by the Contractors. He stressed the need to control costs that the contractors charge and assure that the costs are reasonable. He further stressed the need to develop guidelines to aid in this assurance. He also suggested that the officials authorized to have vehicles removed be clearly designated. Mayor Pro Tem Dominguez reminded Council that the property owners do have the option of handling the clean ups themselves. Councilman Alongi stated his understanding of this process, but clarified that he feels the costs themselves are out of line, and he doesn't feel the City has the right to overcharge property owners. City Manager Molendyk clarified the bidding process and the problems with asbestos removal and offered to present more extensive information at a later date. Councilman Alongi clarified his belief that the costs are excessive, even though he realizes these are cases of neglect. He stressed the need for a check and balance system, and requested a study session on this information. He suggested that other contractors be offered the opportunity to bid on this work. Councilwoman Cherveny requested that copies of the bills be included to show what work has been done. City Attorney Harper indicated that there would be no problem in attaching a copy of the bills on each item. PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 27, 1992 33 . Recovery of Expenditures - Nuisance Abatement - 699 Acacia Street. (F:32.4) MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONFIRM THE COSTS OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER. ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 34 . Recovery of Expenditures - Nuisance Abatement - 748 Mill Street. (F:32.4) MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONFIRM THE COSTS OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 35. Recovery of Expenditures - Nuisance Abatement - 788 Mill Street. (F:32.4) MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONFIRM THE COSTS OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 36. Recovery of Expenditures - Nuisance Abatement - 305 West Sumner Avenue. F:32.4 Mayor Washburn noted that a call had been received from the owner of this property Ms. Mohylyn requesting that this consideration be postponed. City Attorney Harper indicated that he also received a call this date from the owner's daughter, however, the owner was notified in advance even though she was out of the State. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO CONFIRM THE COSTS OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. City Attorney Harper requested clarification with regard to the request for postponement. Mayor Pro Tem Dominguez indicated that the action was not to postpone this item, as the work has already been done. Councilwoman Cherveny indicated that she would like to see it excluded and questioned the costs in relation to the work already done. 37 . Award of Contract - Curb, Gutter, Sidewalk and Pedestrian Ramp Replacement Program - The Bradlock Companies, Inc. (F: 146.2) City Manager Molendyk highlighted this project for which seven bids were received. Public Services Director Tecca showed a videotape detailing the improvements to be completed; which included the areas of Graham between Sumner and Mohr, Lakeshore between Mohr and Chaney, Intersection of Graham and Scrivener! Lowell between Heald and Graham, Heald between Lowell and Langstaff (3 blocks) , Sumner between Langstaff and Riley, 407 Poe Street, Langstaff between Graham and Heald, and 121 Lowell Street. PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 27, 1992 Councilwoman Cherveny inquired when this work would begin. Mr. Tecca indicated that the contractor would have approximately 10 days to provide insurance, bonds and the signed contract. In the meantime a pre--construction meeting will be scheduled and construction should be underway in two to three weeks. Councilwoman Cherveny questioned the ability of adjacent property owners to obtain improvements to their driveways, etc. while the contractor is there. Mr. Tecca indicated that this was possible between the contractor and the property owner. Councilwoman Cherveny inquired how the public could be notified of this option. Mayor Pro Tem Dominguez indicated that the comments at this meeting do get the word out to the public. Mr. Tecca commented that often the same price is available to the public as the bid price. Mayor Washburn inquired whether these improvements were mostly in the older sections of town. Mr. Tecca confirmed. Councilman Alongi requested clarification of the improvements in the area of the Junior High School and the designation of safe ways for the children to get to school. Mr. Tecca advised that the improvements would start at the schools and work outward. Councilman Alongi questioned the ability to prevent the use of contractors who the City has previously had problems with. Mr. Tecca indicated that staff is aware of problem bidders, but have difficulty in prohibiting bids from them. City Attorney Harper further clarified the problems with denying a contractor the right to bid, however, he indicated that the ability to contract the "lowest responsible bidder" does allow some considerations. He assured the Council that in cases of prior problems, he would be very cautious in the awarding of bids to those parties. He also clarified that there have been very few problem contractors. MOVED BY ALONGI, SECONDED BY CHERVENY TO AWARD THE CONTRACT TO THE BRADLOCK COMPANIES, INC. IN THE AMOUNT OF $103 , 625. 00. Councilwoman Cherveny questioned the time frame for completion. Mr. Tecca indicated that he believes it is 60 days for the initial contract, however, based on the low bid, it may be possible to proceed in other areas. Councilwoman Cherveny stressed her concern with change orders. Mr. Tecca clarified the bid process and explained that based on the bid amount and the allocation, it is often feasible to expand the project. THE FOREGOING MOTION CARRIED BY A VOTE OF 2 TO 0 WITH DOMINGUEZ AND WASHBURN ABSTAINING DUE TO PROXIMITY OF THESE PROJECTS TO THEIR HOMES. Councilman Alongi questioned the ability to abstain on only a portion of this item. City Attorney. Harper clarified the difficulty, in that all projects are included in the one contract. 38 . Change Order No. 5 for Robb _Road Booster Pump Station Improvements on Orange Grove Way, Community Facilities District 88-3 . (F:22.3) PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 27, 1992 City Manager Molendyk highlighted this item. MOVED BY ALONGI, SECONDED BY CHERVENY To APPROVE CHANGE ORDER NO. 5 FOR THE ROBB .ROAD BOOSTER PUMP STATION IMPROVEMENTS IN COMMUNITY FACILITIES DISTRICT 88-3 . Councilwoman Cherveny questioned the E.V.M.W.D. inspections and requirements for replacement. She further questioned whether they would be bill for the increase costs. Mr. Tecca explained that if a bill were to be sent, the District would be the one to send it. City Attorney Harper further clarified back billing. Pete Savello, Paul Moote & Associates, advised that he has spoken with three of the developers and they will be talking with E.V.M.W.D. to discuss the additional costs. He stressed the emergency nature of this improvement. Councilman Alongi expressed concern with the potential for E.V.M.W.D. receiving double payment for these improvements. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 39. Grand Avenue & Machado Street Sound Reduction Wall. (F:80.1) Public Services Director Tecca detailed the results of recent traffic counts. He explained that Grand Avenue is now striped with a double yellow centerline, a four-way stop was added at Machado and Grand and the speed limit has been reduced to 40 mph to improve safety. He further explained that this stop does create noise from acceleration and deceleration and is audible especially at night. Mr. Tecca also explained the sound decibels and stated that the current level of traffic sound is more than one would experience at an isolated rural intersection, however, far less than people commonly live with at urban and suburban intersections everywhere. He detailed cost estimates to replace the existing 6 foot wall with an 8 foot wall. He presented a video of the street and concluded by stating that Engineering does not believe sufficient justification exists for the expenditure of public funds to construct a higher wall to reduce traffic noise in this residential subdivision. Christine Hyland, 15191 Wavecrest Drive, explained that she and her neighbors are not interested in the opinions of Cal-Trans or staff, but wish to have their problem with the noise resolved. She cited several recent expenditures by the City and questioned the estimate to increase the wall height. Susan Yantorn, 15171 Wavecrest Drive, commented that there is a lot of traffic in the morning and explained in the petition previously presented to Council there were 65 signatures of she and her neighbors who asked for lower speed limits, cross walks and a higher wall. She questioned the estimated costs to increase the height of the wall and asked that this issue be given to a local contractor. Ace Vallejos, 15111 Windover Court, explained the configuration of lots and elevations of this tract. He commented that he feels the decibels reading cited are not accurate, particularly with regard to large trucks in the area. He expressed his discontent with being awakened to the sound of these trucks, PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 27, 1992 particularly between 3 : 00 and 3 : 30 a.m. Councilwoman Cherveny explained that while there has only been a 4% increase in traffic, she is sympathetic in that when the residents of those tracts moved to Lake Elsinore it was very quiet. She suggested that the area in question has been impacted heavily. MOVED BY CHERVENY, SECONDED BY ALONGI TO AUTHORIZE ACCEPTING BIDS TO INCREASE THE EXISTING WALL TO EIGHT FOOT AND BRING THE BID BACK TO CITY COUNCIL FOR FINAL APPROVAL. Public Services Director Tecca explained that a structural engineer would have to come out and look at the wall to give an opinion if the existing wall could be extended to eight feet. Councilman Dominguez expressed his concern in regard to setting a precedence of building a wall which may lead to other requests for the same treatment of other tracts and residences. Mayor Washburn expressed his concern over the cost and future requests for similar treatment. He stated that crosswalks should be addressed for safety for the school children Councilman Alongi commented that the City does have responsibilities to the people of the community. He cited Laguna Heights and the need to address problems now. Mr. Alongi asked that bids be obtained from local contractors, stating that wall building is a basic construction. Councilman Dominguez cited a recent accident involving improper construction of a wall. Councilman Alongi stated that this is a different type of situation and a contractor does know what is right and how to construct walls properly. Mayor Washburn stated that the design and height of the wall will determine if the footing will withstand the increase. He further stated that the City should have the wall examined by a structural engineer to keep the City from being in a position of liability. THE FOREGOING MOTION FAILED BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES. MOVED BY WASHBURN, SECONDED BY ALONGI AND APPROVED BY UNANIMOUS VOTE OF THOSE PRESENT TO TABLE THE GRAND AVENUE AND MACHADO STREET SOUND REDUCTION WALL PENDING FURTHER INFORMATION. 40. Second Reading - Ordinance No. 941 - regarding Transportation Demand Management. F: 140. 14 MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 941. ORDINANCE NO. 941 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RELATING TO MOBILE SOURCE AIR POLLUTION REDUCTION THROUGH REDUCING EMPLOYMENT RELATED MOTOR VEHICLE TRIPS AND EMPLOYMENT RELATED MOTOR VEHICLE MILES TRAVELLED. f PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 27, 1992 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: NONE 41. Second Reading - Ordinance No. 944 - regarding Adoption of Building Codes. (F:32.3) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 944. ORDINANCE NO. 944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER 882 , AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS. DELETIONS AND ADDITIONS THERE TO: UNIFORM BUILDING CODE 1991 EDITION, UNIFORM HOUSING CODE 1991 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 EDITION; UNIFORM PLUMBING CODE , 1991 EDITION; UNIFORM MECHANICAL CODE, 1991 EDITION; NATIONAL ELECTRICAL CODE, 1990 EDITION; UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1991 EDITION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: NONE 42 . Second Reading - Ordinance No. 945 - regarding Health Services. (F. 140.7) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 945. ORDINANCE NO. 945 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER 29, ORDINANCE NUMBER 150, ORDINANCE NUMBER 372 , AND ORDINANCE NUMBER 729, AND ADOPTING RIVERSIDE COUNTY ORDINANCE 492 . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: NONE PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 27, 1992 PUBLIC COMMENTS\ - NON-AGENDIZED ITEMS Rick Estes, 32411 Lakeview Terrace, presented petitions requesting that the City Council increase the service level of law enforcement between the areas of Grand Avenue and Lakeshore and between Machado and Riverside Drive due to the increase in problems experienced in those areas. He stated that he is opposed to the recent abolishment of the Public Safety Committee because it gave the public someone to go to who could specifically focus on the problems; and take them to the Council and City Manager for consideration. City Manager Molendyk advised that the City now has two additional patrol officers available and a new system has recently gone into effect that divides the City into nine different reporting districts. He explained that this gives the City more statistical information for the different areas in order to be more effective. He also explained that the City is aware of the increased crime rate in that particular area and cited recent shootings in the area. He further explained that due to the crime rate and recent incidents the patrol has been tightened up in that area, and a patrol unit assigned to that specific area on Friday, Saturday and Sunday. Captain Daniel confirmed that the Sheriff's Office has established Mine reporting districts in the City for more efficiency, and explained that this program began the first week of July and prior to that there were only two reporting districts, one east of Chaney Street and one west of Chaney Street. He further explained that the new system of reporting gives a better idea where to specifically target for extra patrol. He advised that it has been recognized that the area between Grand Avenue and Lakeshore and between Machado and Riverside Drive has been a problem area, as well as the Railroad Canyon Road Area. Captain Daniel explained that last weekend was the first time additional manpower was put in that area and the statistics justified that action. He also explained that the two additional staff will be used to support those operations and these positions will be placed in the high crime rate areas and respond to specific problems. Councilwoman Cherveny asked how the Riverside/Machado area statistics compare to . the activity in the downtown district. Captain Daniel explained that the Machado/Joy Street area ranks number one in calls, then Railroad Canyon area followed by the area between Chaney and four corners and then the downtown area. City Manager Molendyk explained that the City is working with the property owners on Nashland to eliminate some concerns, specifically through the Neighborhood Watch program. Captain Daniel explained that as the City is growing in population, Deputy Rubio has less time to be doing some of the other duties that she needs to perform as part of her responsibility, so management is trying to organize a couple of people in the community to become citizen volunteers and get out and present some of the programs to free Deputy Rubio up for other jobs. Mayor Washburn commented that there is already a Neighborhood Watch formed in that area. Rick Zwiefel, 101 South Main Street commented on the number of PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 27, 1992 vacant buildings on Main Street due to the recession. He further commented on advertising and explained that the ten antique stores on Main had placed a sign on the freeway without benefit of a permit and that their business had doubled within the two weeks that the sign was up, before the City removed it. Mr. Zwiefel explained that the antique stores had contacted Adams Advertising to use their billboards and it would cost them $1,800 a month which they could not afford. He further explained that Mr. Adams had spoken to him personally and told him that his company. had offered to donate two billboard spaces to the City at no charge (one north and one south) as part of a settlement of their litigation. Mr. Zwiefel asked the City to reconsider their signage program and allow the use of the billboards to increase business. He presented a letter with approximately 175 signatures from customers encouraging advertising for the antique stores. City Attorney Harper explained that there is an ordinance which prohibits billboards within City Limits except existing billboards and the City is in litigation with Adams Advertising because Mr. Adams' company erected billboards in the middle of the night when they were aware of the City's ordinance did not have a permit, nor were they inspected and these are the signs currently existing. The City filed suit and part of the litigation was an offer by Adams Advertising to donate the two billboards, however there are a lot of other portions of the litigation which are not beneficial to the City. He also explained that there is no straight forward solution and as legal counsel he must take direction from Council. Christine Hyland, 15191 Wavecrest Drive, criticized the legal costs to the City and used the charge for telephone calls as an example. She suggested that the money could be better spent elsewhere and asked that City Treasurer Pape look into this matter. Robert Houts, Rose Avenue, Lakeland Village, addressed the launch rights issue for the County side of the lake and thanked Council for the recent Town Hall Meeting. Peter Dawson, 18010 Grand Avenue, Lakeland Village, also thanked Council for the Town Hall Meeting and stated that he took exception to State Park Representative Mr. Cook's comments. He commented on the fact that Mr. Cook did not represent the County residents on the Lake correctly in their rights to launch. He detailed the history of the Lake and the County residents launch rights. CITY MANAGER COMMENTS City Manager Molendyk advised that Mr. Tecca would be showing a videotape of capital project in Country Club Heights. Mr. Tecca showed the videotape and indicated that there have been 45 locations identified which need berm curbs to channel the water. He further indicated that the work should be complete by November, 1992 . CITY COUNCIL COMMENTS Councilwoman Cherveny encouraged the youth of the community to say no to drugs and encouraged participation in Red Ribbon Week. She further encouraged the community to support the SOK organization and stated that they need help finding a place to meet and help with their printing costs. She advised that SOK is having a Halloween Party at the Alano Club on October 30, and they would PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1992 like to hold a Christmas Bazaar as well, but they need a location. She gave SDK's phone number out in the event someone can donate or help. Councilman Alongi reported that he had attended the Open House at the Sheriff's Department and stated that he had found it very enlightening. He explained that it was very interesting to see the different types of equipment that the Sheriff's Department uses. Councilman Alongi requested reinstatement of the Public Safety Committee and thanked Mr. Rick Estes for his input. He questioned the timing of the Study Sessions and asked for further consideration by Council. Councilman Alongi announced a Meeting of the Neighborhood Watch at Railroad .Canyon School, November 4, 1992, at 7 :00 p.m. He thanked the community for the control of animals, as shown on the report from L.E.A.F. He commented on the meeting place needs of SOK and suggested that possibly the money could come from the C.D.B.G. funds. Councilman Alongi asked for a Study Session to be set in regard to Abatement. He stated that he was not against abatement, but would like to see the program made more fair to the property owner. Councilman Alongi stated that he felt that the Town Hall Meeting was productive and informative and stated that he would like to see more. He clarified that the City cannot make decisions at this time, but when a decision can be made all factors will be taken into consideration. Mayor Pro Tem Dominguez stated that he felt that it was a good Open House at the Sheriff's Department. He encouraged the citizens of Lake Elsinore to take advantage of the Recreational Programs available through the City's Community Services Department. Mayor Washburn concurred with Mayor Pro Tem Dominguez comments and reported that due to the action the City Council took in regard to the Human Services Center, the United Way confirmed their commitment of their share of the monies and the Board of Supervisors will have it on their Consent Calendar for the approval of the $4 , 000 at their next meeting. He reminded the citizens that this is the time for the United Way Fund Raising Campaign and asked the citizens to participate. He suggested that SOK seek legal counseling and apply for a 504 C-3 Certificate of Non Profit, so they can seek assistance from United Way or ask for assistance through the County on the C.D.B.G. funding. Mayor Washburn thanked the people who attended the Town Hall Meeting and stated that it was a good opportunity for people to ask questions in regard to Lake Management because the major participants involved in the program were available to answer questions. Mayor Washburn explained that he and the Council are concerned about public safety and he feels that the concerns expressed by Mr. Estes are a failure of land use planning, a failure of community involvement and a failure of the City to do the right steps. He stressed the need for strong commitments of property owners and good property management as well as more law enforcement. He further stressed that the answer is not only adding more law PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 27 , 1992 enforcement, it is a cooperative effort of all persons involved. Mayor Washburn addressed the image of Lake Elsinore and commented that he feels the City's image is improving. He admonished the press for missing the Town Hall Meeting and other events that the City presents and reminded them that this is just as important as other news items. City Attorney Harper commented that the political environment in this Community has caused a considerable amount of legal counsel and as the environment improves the cost will be reduced proportionately. THE CITY COUNCIL MEETING WAS RECESSED AT 9 : 38 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9 : 41 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 9:42 P.M. TO DISCUSS THE LEHR OPTION AND PERSONNEL MATTERS. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:59 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN .THE REGULAR CITY COUNCIL MEETING AT 10: 00 P.M. GARY WASHBURN, MAYOR CIT 0 LAKE ELSINORE AT EST: VICK _ ; S", C- Y CLERK CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 10, 1992 CALL TO ORDER The City Council Study Session was called to order by Mayor Washburn at 4 : 01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, WASHBURN (Councilman Winkler arrived at 4 : 15 p.m. ) ABSENT: COUNCILMEMBERS: DOMINGUEZ Also present were: City Manager Molendyk,Planning Commission Chairwoman Brinley, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. I DISCUSSION ITEM Murdock Alberhill Ranch Specific Plan and Development Agreement. (F: 150. 2) (X: 68. 1) City Planner Christen commented on previous discussion relating to this plan and agreement and offered to answer questions from Council. He indicated that there have been three points of concern in the past being: 1) the DAG fee; 2) the $100, 000 toward a Municipal Swimming Pool; and 3) the language concerning control of the park appearance and design. Mayor Washburn questioned the concerns with the DAG fee. City Planner Christen indicated that this $210 fee per unit is an add-on to cover maintenance and operation costs. Councilwoman Cherveny indicated that she understood that this fee was broken into two parts originally and questioned that breakdown. Administrative Services Director Boone indicated that this amount had not been designated to particular purposes. Hardy Strozier, representing the applicant, indicated that he was asked this question previously by Councilwoman Cherveny and contacted Mr. Levander, the financial person. for the project, who indicated that it is $70 for fire and $140 for police. He further indicated that it was adopted as one non-segregated fee. He further clarified that the City Attorney had indicated that it should not be designated to a particular use. Councilwoman Cherveny indicated that she would prefer to see that money earmarked for police and fire. City Planner Christen clarified that this was a negotiated fee with Murdock. Administrative Services Director Boone explained that this fee was based on the total fiscal impact on the City, and $210 was negotiated to take care of the shortfall at the and of the development. i I I PAGE TWO - CITY COUNCIL STUDY SESSION MINUTES - NOVEMBER 10, 1992 Councilman A lon i questioned coned th e he ability ide in a special account, with the distribution to be reviewed 0atsbudget time. Mayor Washburn indicated that this would probably be possible, but expressed concern with setting a precedence. He clarified to establishment of DAG fees and the difficulty in setting a new precedence in light of existing development agreements. Administrative Services Director Boone suggested that the estimated amount be reviewed as a line item in the budget. Mayor Washburn further clarified the difficulty in tying this distribution of funds to an individual development agreement. Councilwoman Cherveny commented that additional structures were requested in a recent development agreement and she does not have a problem with earmarking the money for public safety, at least for the first year the development is in place. She indicated that maybe not all of the fee should be designated, but would like some. Councilman Alongi expressed concern with the $100, 000 designated for a Swimming Pool, and indicated that he doesn't like to see that money earmarked when the plan for a pool is not final. He suggested that these funds be directed toward a "recreational" facility. Planning Commission Chairwoman Brinley explained that the Planning Commission requested that this be earmarked for a pool, because the City needs a Community Pool and this was intended to start the fund. She stressed that they were not looking for the construction to begin o n g overnight, but it is a starting point. Councilwoman Cherveny commented of the priorities involved. She expressed concern with the willin nes pool and not for public willingness to designate funds for a p is safety. May or Washburn inquired when the $100, 000 is to be aid in.Planner Christen indicatedP City that it was due within six mo nths approval. hs of Pp Mayor Washburn inquired if there were other questions. Councilwoman Cherveny commented on the term of the agreement and explained that the City really doesn't need a development agreement, the developer needs the agreement. She concern withexpressed the 15 year term, and suggested that she would feel better with a 5 or 10 year term. Hardy Strozier agreed that the developer needs the agreement g and explained that it assists in obtaining construction financing. He further explained that the City went on record as using development agreements starting with thTuscany, and those agreements ranged from 15 to 20 years. Ilene Miles, Vice-President , Murdock Albe t rhi11 Ranch clarified that this agreement , rified g is for 10 years with a performance related extension of five years. City Manager Molendyk questioned the term impact lity to obtain financing. Mr. Strozier explained that lenderseare�lo king at certainty that a development will occur and the development agreement gives that certainty. He did not indicate a specific term. i PAGE THREE - CITY COUNCIL STUDY SESSION MINUTES - NOVEMBER 10, 1992 City Manager Molendyk questioned the limitations of the sewer plant progress on this project. Ms. Miles indicated that the site has gone back to the owner, however, it is still available to them. She further indicated that they are arranging a meeting with Mr. Laughlin at E.V.M.W.D. to begin design work. Mr. Strozier further explained that this approval will embody them to proceed. I City Planner Christen clarified that this agreement does not go into effect until the sewer plant is operational. Councilman Alongi addressed the affordable housing requirements and expressed concern that the City continues to go by the County standards for affordable housing. He indicated that he would like to see the City setting its own standards. City Manager Molendyk clarified that he City uses the County formula to comply with State requirements which are mandated on a County basis. He advised that this does not prevent the City for setting higher standards for itself. Mayor Washburn suggested that based on Councilman Alongi's comments the City should accelerate its affordable housing requirements, and possibly this consideration could be included in the Housing Element review presently underway. Councilman Alongi addressed the requirement for a Community Park and questioned the situation if the developer runs into problems and does not complete the project and the City steps in. Ms. Miles clarified that the park must be completed up-front prior to the first building permit. She further clarified that this section merely indicates that the first $1.5 million in funds received from a Community Facilities District or other financing would go toward this park. Mr. Strozier further indicated that the intent of this section is to limit the amount of money required to be put forward for park improvements. Councilman Alongi questioned the Neighborhood Park improvements. Mr. Strozier clarified the development agreement and the developers original intent to design their own park, however the City would prefer to have control of that. Councilman Alongi questioned the logic behind removing this design control from the developer and questioned the right of the City to design a park and its ability to blend the park improvements with the neighborhood. City Manager j Molendyk explained that it has been the City's policy to control the design of City owned parks to ensure that City standards are met. He stressed the maintenance and continuity factors for City Parks, and suggested that the City has successfully done this in the past. Community Services Director Watenpaugh further clarified that this will be a City owned and maintained park with City dollars. He compared the existing facilities at Tuscany Hills, Summerlake, etc. and explained that they are basically the same facilities, however they blend with the surrounding neighborhoods. Councilman Alongi questioned the dollars spent for City consultants to design a park versus the dollars spent by a developer for design. He further questioned whether the design for what the City wants is more expensive. Ms. Miles indicated that this costs was most likely comparable to their own costs. Councilman Winkler indicated that his main concern with this project is the parks and he feel they have been adequately addressed. i I PAGE FOUR — CITY COUNCIL STUDY SESSION MINUTES - NOVEMBER 10, 1992 i i Councilwoman Cherveny indicated that she would still like to see the fee split and earmarked. THE CITY COUNCIL STUDY SESSION WAS ADJO;ARY AT 4:44 P.M. M. WASHBURN, MAYOR OF LAKE ELSINORE I AT EST: VICKASAD, CIT CLERK CITY OF LAKE ELSINORE 3 i MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 10, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Special Projects Coordinator Basham, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS CEREMONIALS A. Introduction of Miss Lake Elsinore Contestants. Mayor Washburn indicated that this would occur later in the meeting to allow all of the contestants to arrive. (F: 108 . 4) B. Proclamation - United Way. Mayor Washburn read a proclamation recognizing the United Way and the upcoming Telethon and presented it to Tom Thomas, Co- Chairman of this year's program. Tom Thomas accepted the proclamation and provided details on the Telethon to be held on November 22 , 1992 . (F: 108 . 15) PUBLIC COMMENTS - AGENDIZED ITEMS Mayor Washburn indicated that he had received one request to address Item 121 of this agenda and deferred it to that time. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4 . MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Town Hall Meeting Minutes - October 20, 1992 . (F:44 . 4) I I PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 b. Joint Study Session Minutes - October 27, 1992 . (F:44.4) C. Regular City Council Meeting Minutes - October 27, 1992 . (F:44. 4) ' 2 . _. Receiv ed and ordered filed the Building Activity Report for October, 1992 . (F: 32. 2) 3 . Received and ordered filed the Code Enforcement Activity Report for October, 1992 . (F: 54 . 1) 5. Received and ordered filed the Investment Report for Se i 1992 . (F: 12 .5) P ptember, I 6. Rejected and referred to Claims Administrator the Claims submitted by Shannon Eck (CL #92-26) and Alice Martin (CL #92-29) , E. Faye Lucas (CL #92-31) and Nick Gremanis (CL #92-32) . (F: 52 .2) 7. Adopted Sales Tax Audit Resolution No. 92-78 giving Authorization to Release Information. F:2 4. 1 RESOLUTION NO. 92-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS. 8. Approved Final Tract Map 24213 - 1 & 2 for Whiting Ranch and authorized the CityClerk erk to arrange for recordation with acceptance of dedications. (F: 160. 2) ITEMS PULLED FROM CONSENT CALENDAR 4. Structure Abatement-Activity- Report - Oc tober 1992 . I F. 32 . 4 Councilman Alongi inquired of Community Development Manager Shear with regard to the property at 30181 Riversdie Drive and whether the rennovation effort has been abandoned. Mr. Shear advised that they are proceeding with their efforts and are currently trying to receive approval of water and sewer plans through the Water District. Councilman Alongi questioned the extent of the fire damage at this address. Mr. Shear detailed the damage. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED By UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR OCTOBER, 1992 . PUBLIC HEARINGS 21. Murdock Alberhill Ranch General Plan Amendment 92-4 • S ecific Plan Amendment Number 2 Environmental Im act Re ort Addendum and Develo ment Agreement - Resolution Nos. 92-72 & 92-73 and Ordinance Nos. 942 and 943 . (F: 150.2) (X:83 .2) (X: 68. 1) City Manager Molendyk highlighted this item explaining that it had been discussed extensively during a Study Session earlier this date. The City Clerk reported no written comments or protests. i i PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 Mayor Washburn opened the public hearing at 7 : 13 p.m. , asking those persons in favor of this item to speak. The following person spoke: Ilene Miles, Assistant Vice-President, Murdock Alberhill Ranch, advised that they have been working with the City for over three years and are now anxious to proceed. She thanked the City staff for their assistance in planning an acceptable project. She showed slides and detailed the project and amenities to be provided. i Mayor Washburn asked those persons in opposition to this item to speak. Hearing no one, the public hearing was closed at 7: 21 p.m. MOVED BY CHERVENY TO APPROVE THE DEVELOPMENT AGREEMENT WITH SECTION 4 . 1.7 AMENDED TO INCLUDE THE $210 DAG FEE PER UNIT, WITH $140 TO GO TO THE GENERAL FUND AND $70 EARMARKED FOR PUBLIC SAFETY. Mayor Washburn requested that the matters be taken in the order noted for action. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 92--72 AND 92-73, BASED ON THE FOLLOWING FINDINGS. RESOLUTION NO. 92-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE-ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT 59-2 AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. i RESOLUTION NO. 92-73 ! i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1992 . FINDINGS - GENERAL PLAN AMENDMENT 1. The proposed General Plan Amendment would establish a land use and allow density more in keeping with the subject property's location, access and site characteristics. The proposed amendment will not significantly alter the land uses and intensity of the general plan. The General Plan Land Use Element currently provides an illustration of the precise land uses approved for the project site, through the adopted Alberhill Specific Plan. The illustration indicates that the Specific Plan Area will contain residential, commercial, institutional and open space land uses. The proposed amendment will maintain the same land uses in revised locations consistent with the proposed Specific Plan. 2 . The proposed General Plan Amendment is consistent with the surrounding land use designations. The proposed General Plan Amendment, which proposes to i PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 Allow the development of residential, consistent with and similar to the surrounding residential and Specific Plan Areas designated by the General Plan. The proposed Specific Plan proposes no land uses adverse to the project site or surrounding land uses. MOVED BY CHERVENY, SECONDED BY WINK LER TO ADOPT ORDINANCE NO . 942, BASED ON THE FOLLO WING FINDINGS AND SUBJECT TO THE FOLLOWING LOWING ORDINANCE NO. 942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NUMBER 2 TO SPECIFIC PLAN 89-2 AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE FINDINGS - SPECIFIC PLAN 1. The location and design of the g proposed development shall be consistent with the Goals and Policies of the City's General Plan and with any other applicable plan or policies adopted by the City, or in the process of being prepared and adopted. I The proposed Specific Plan is consistent with the Goals and - Policies of the General Plan, since the proposed project takes into consideration the uses permitted, surrounding land uses and existing and proposed circulation system. Additionally, a concurrent General Plan Amendment is being processed to ensure consistency in land uses and policies is maintained. 2 . The proposed location shall allow the development to be well- integrated with or adequately buffered from its surrounding whichever may be the case. The proposed location is well integrated and located to its surroundings since, the proposed project will be adjacent to similar residential, commercial, institutional and open space uses which have already received Specific Plan approval. 3 . All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely without causing undue congestion upon adjoining streets. A traffic study has been completed, which addresses all of the anticipated circulation system improvements necessary to adequately handle the project's expected traffic volumes. There will be no significant congestion during build out or at completion of the project. i PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 4 . The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately services by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by City Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The proposed,project provides a phasing schedule for the development of adequate public facilities on an as needed basis tied to the build out of project phases. Additionally, the proposed project will provide sites for the development of parks, open space areas, and schools. 5. The overall design of the Specific Plan will produce an attractive, efficient and stable development. The proposed Specific Plan contains design guidelines for the long term development of the project such as a phasing schedule of the overall project, logical location of land uses, and necessary circulation improvements to facilitate production of an attractive, efficient and stable j development of the project. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA) , impacts have been reduced to a level of non-significance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. An addendum Environmental Impact Report to the Alberhill FEIR 89-2 has been prepared to address the minor technical revisions associated with the proposed project. The Alberhill FEIR addressed all the significant impacts and developed mitigation measures reducing impacts to a level of insignificance. A statement of overriding considerations was adopted for impacts not reduced to a level of insignificance. CONDITIONS - SPECIFIC PLAN AMENDMENT 989-2 AMENDMENT NO. 2 1. All errata sheets, typographical errors and other corrections shall be incorporated within thirty (30) days following City Council approval. Twenty (20) copies of the corrected document shall be delivered to the City by the end of the thirty (30) day period. The final document shall note on its cover that it is the Specific Plan as approved by the City Council with all corrections having been incorporated. 2 . The applicant shall comply with all applicable standards of the water purveyor with respect to the distribution and use of reclaimed water. 3 . Prior to the issuance of any building permits all City and County Fire Department standards shall be satisfied. 4 . Developer will convey to the City the Community Park site prior to issuance of the first Certificate of Occupancy for the project. Developer will construct certain facilities (including without limitation, grading, irrigation, 4 I i PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 hydrdseeding, landscaping, recreational equipment and facilities) . Developer will not be required to spend more than $1,500, 000 for all of the Community Park (adjusted by the Engineering News Record Construction Cost Index) . Prior to opening of the model units in Planning Area 2, the developer will dedicate to the City the Neighborhood Park. The developer's sole requirement with respect to the Neighborhood Park site is to dedicate such site, in a rough graded condition pursuant to the Devel opment Agreement. 5. For any commercial development for the proposed Specific Plan Area, over 333 ,500 square fee, the developer must prepare a traffic study and provide appropriate mitigation. 6. Prior to the approval of the first tentative map, applicant shall have entered into a school impact mitigation agreement with the school district. City shall have considered the adequacy of the school facilities or available means of financing school facilities or available means of financing school facilities to meet the needs and demand of new development proposed in such tentative map to be approved by the City. 7 . When submitting tentative or vesting tentative tract maps they shall include information showing the proposed drainage system along with supporting hydrology studies for review and approval by the City Engineer. 8 . Prior to or concurrent with the submittal of any tentative or vesting tentative tract maps, the applicant shall submit to the City Engineer and Community Development Manager acoustic studies prepared pursuant to City standards showing that the development will be sound attenuated against present and projected noise levels to meet the City's interior noise standards. The final acoustical analysis shall calculate the impact exposure levels and specify mitigation measures necessary to bring the project into conformance with City noise standards and policies in effect at the time of project review. The final acoustical tical analysis s shall be prepared by an expert in the field of acoustics. I 9 . Concurrent with the submission of the first tentative or vesting tentative map, the applicant shall submit, for review and approval by the Planning Commission, a circulation phasing plan for the entire project, providing the phasing of the street improvements and the appropriate supporting traffic j studies. Applicant has prepared to the City's satisfaction, .a Traffic Study for the project which addresses the cumulative impact of recent nearby developments at the current Specific Plan Amendment level of detail and current conditions. 10. Concurrent with the review of all tentative maps, the City of Lake Elsinore Community Services Director shall review and ensure that all required trails and bike ways approved within the Murdock Specific Plan are adequately reflected ont he tentative maps prior to approval. 11. Developer shall incorporate all applicable design guidelines PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 described in the Specific Plan and any other guidelines subsequently approved into the design of all individual tentative maps submitted. i 12 . Developer shall comply with all applicable EIR mitigation measures as identified in the Alberhill FEIR 89-2 and Addendum i EIR. 13 . Developer shall participate in the City of Lake Elsinore City wide Landscaping and Street Lighting District pursuant to Resolution No. 88-27 or similar lighting and maintenance district if approved by City Council. 14 . All landscaped slopes adjacent to public right-of-way, over 5 feet in vertical height, not a part of and not adjacent to Lake Street, Nichols Road, Terra Cotta Road, Temescal Canyon Road and Collector A, or other collectors within the project shall be maintained by a homeowners associations or property owner. 15. DELETED. 16. Prior to the issuance of any final map, a master landscape and streetscape plan, including medians, shall be reviewed and approved by the Planning Commission. The following landscape and streetscape design considerations shall be incorporated into the plans: * Screening parking areas by berms or landscaping * Establish a theme palette for Lake Street, Nichols Road, Terra Cotta Road, Temescal Canyon Road and "A" Street. * Public transit stops shall be incorporated in order to establish appropriate location points with the approval of the Riverside Transit Authority. I * Drought-resistant vegetation shall be used in landscaping j whenever possible to reduce the demand for irrigation water. * Identification of responsibility for the maintenance of all landscaping improvements within the public right-of-way. * All street intersections shall be designed to meet traffic safety standards pertaining to line of sight setback of walls, trees and other landscape features to the satisfaction of the City Engineer. * Ownership and identification of responsibility for the maintenance of all open space within the project including natural areas and slopes. 17 . The developer shall provide its fair share of affordable housing within the multi-family zones of the Specific Plan Area. Such affordable housing shall be available to persons in the low and very low income ranges, as determined by the County of Riverside Median Average at the time building permits are issued for housing. Such affordable housing shall be not less than 150 or greater than 20% of the total number i PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 Of faulti-family residential dwelling� id g units actually constructed by the Developer. Developer may provide its fair share of affordable housing by providing the aforesaid number of units at one or more location within the City, acceptable to the City Council. 18 . Prior to the issuance of any building permits for residential or commercial land uses the applicant shall submit to the Planning Commission for review and approval a Master Sign Program for all on-site signs, which shall include but not be limited to commercial identification signs, on-site residential and commercial directional signs, and project area convenience signs. The sign program shall provide text and exh ibits P in a bound format containing all relevant sign criteria including but not limited to sign construction material, colors, height, letter style. I 19 . Prior to Certificate of Occupancy for any Commercial project that could employ 100 or more persons, the applicant shall submit a Trip Reduction Plan (C) . Said C shall be reviewed and approved by the City Tra ffic Engineer. development shall incorporate facilities and//orprograms applicable their development plans sufficient to attain twelve (12%) percent work related trip reduction from expected number of trips related to the project as indicated in the Trip Generation Handbook published by the Institute of Traffic Engineers (ITE) . Trip reduction shall be calculated in accordance with standards established by the Southern California Association of Governments (SLAG) and/or the South Coast Air Quality Management District (AQMD) . The plan shall address the following measures, taking into consideration the nature, type and use of the commercial development being proposed. osed. a. Preferential Parking for the Vehicles. b. Bicycle Parking and Shower Facilities Q. Information Centers for Transportation Alternatives. d. Rideshare Vehicle Loading Areas. e. Vanpool Vehicle Accessibility. f. Bus Stop Improvements. g. On-Site Child Care Facilities. h. Local TSM and Road Improvements. i i. Facilities to Encourage Telecommuting. j . Contributions to support Regional Facilities Designed to Reduce vehicle trips and miles travelled. k. On-site amenities such as Cafeterias and Restaurants, Automated Teller Machines, and/or other services that would eliminate the need for additional trips. 1. Work Alternative Schedules/Flex Time. i I I PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 20. To the extent any habitat resources planned for removal, preservation, creation, or enhancement are subject to the jurisdiction of the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act, the U.S. Fish and Wildlife Service, or the State Department of Fish and Game pursuant to Section s1601-1603 of the California Fish And Game Code, copies of all permits issued by such agencies (404 and 1603) and conditions attached to the permits shall be submitted to the Community Development Manager for review prior to the removal of any such habitat. 21. Developer shall comply with the City's approved landscaping standards in effect at the time of approval of this Specific Plan with respect to the landscaping in medians, parkways, expanded parkways and adjacent slopes to be maintained by the City or Landscaping Maintenance District. Landscaping and irrigation plans shall be approved by the Public Works Manager and City's Landscape Architect. 22 . Concurrent with the submission of the first tentative map, the applicant shall submit a phasing plan for the entire project that shows the location and order in which the residential infrastructure including the streets, schools and parks necessary to support the residential development being constructed. 23 . All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Community Development Manager. 24 . No residential development shall front onto collector streets. 25. Except as otherwise provided in the Specific Plan or as otherwise approved by the City Engineer, roadway standards for Lake Elsinore relating to the minimum local street radii, maximum cul-de-sac length, maximum grade and minimum sidewalk width must be followed. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 943, BASED ON THE FOLLOWING FINDINGS. Councilman Alongi requested clarification of the motion with regard to police and fire. I Councilman Winkler indicated that he would not be willing to specifically designate funds in this process. Mayor Washburn advised that he felt the staff did a good job in working with the applicant and suggested that the economics of dealing with the general fund should be a separate consideration and he would prefer to not set a precedence of earmarking funds. He explained that he understands the concern, but would look to reviewing this matter in the budget process. Councilwoman Cherveny explained that she is trying to curb the poor planning of public safety in the past. She further explained that her motion did not preclude the use of the $140 for public safety as well. Mayor Washburn commented further on the allocation of funds. i PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 Councilman Winkler stressed that DAG fees are additional monies from the developer over and above the construction of the homes. He further stressed that he is uncomfortable with guessing how much to set aside for specific purposes, even though he is not opposed to public safety. Councilwoman Cherveny further explained that she has difficulty with Section 4. 1. 6 designating funds for a Municipal Swimming Pool, when there is no action to designated funds for public safety. She suggested that this would be a positive stepto show efforts its to increase the public safety. Councilman Alongi concurred with Councilwoman Cherveny and requested y q that th e motion be changed, because he does not feel that funds should be designated for recreational facilities, without designating funds for public safety. COUNCILMAN WINKLER OFFERED AN AMENDMENT TO HIS MOTION, WITH CONCURRENCE OF THE SECOND, TO AMEND SECTION 4 . 1. 6 TO READ THAT "THE CITY MAY ALSO UTILIZE THESE FUNDS FOR ANY OTHER LAWFUL PURPOSES" . ORDINANCE NO. 943 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH MURDOCK ALBERHILL RANCH. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Councilwoman Cherveny indicated that she was in support of this project, however she noted that she felt it was a failure of the Council to provide for future services. Councilman Alongi also indicated that he was in support of the project, however he was disappointed in this vote. FINDINGS - DEVELOPMENT AGREEMENT 1. The proposed development agreement is consistent with the City of Lake Elsinore General Plan. The proposed Development Agreement is consistent with the General Plan. The proposed agreement does not propose any addition, deletion or modification which will deviate from the Goals and or Policies of the General Plan. 2 . The proposed Development Agreement is consistent with any applicable specific plan, zoning policies and regulations. The proposed development Agreement is consistent with the proposed Murdock Alberhill Specific Plan Amendment. The purpose of the development Agreement is to implement the provisions of the revised Murdock Alberhill Specific Plan. PAGE ELEVEN - CITY COUNCIL MINUTES- NOVEMBER 10, 1992 22 . Annexation No. 52 Revised General Plan Amendment 92-1 and Zone Change 92-2 (Homestead „<Hunsaker>/Dyer Wynn) - Resolution Nos. 92-79 & 92-80 and Ordinance No. 946. (F:20.2) (X:83 . 2) (F: 172 . 2) City Manager Molendyk detailed this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 35 p.m. asking those in favor of this item to speak. The following persons spoke: Bill Grimes, J.F. Davidson, representing Dyer-Wynn, spoke in support of the staff recommendations and offered to answer any questions from Council. Mayor Washburn asked those in opposition to this item to speak. Hearing no one, the public hearing was closed at 7: 36 p.m. Councilman Alongi commented on the low density in the area and expressed concern with increasing the density and changing the lifestyle of the residents. He further commented that this type of action opens the door to further changes and increases. Mayor Pro Tem Dominguez Commented that the City generally annexes the property with the County zoning until a zone change is requested. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND WINKLER ABSTAINING TO ADOPT RESOLUTION NOS. 92-79 AND 92-80, BASED ON THE FOLLOWING FINDINGS. RESOLUTION NO. 92-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 52 (REVISED) "" AND ITS CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT - HOMESTEAD LAND DEVELOPMENT (HUNSAKER) /DYER-WYNN. FINDINGS - ANNEXATION NO. 52 REVISED 1. The proposed annexation area is entirely within the City's Sphere of Influence. 2 . The proposed annexation area is contiguous to the City of Lake Elsinore. i 3 . The project will not result in any significant adverse impacts on the environment. i RESOLUTION NO. 92-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1992 . PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 FINDINGS ' GENERAL PLAN AMENDMENT 92-1 1. The approval of the requested designations permits devel opment to the highest and best nature within mitigable means to insure maintenance of the general public health safety and welfare. 2 . Granting of the requested desingations will permit reasonable development of the P property consistent with its constraints and more compatible with adjacent properties and proposed development. 3 . The proposed General Plan Amendment would establish a land use density and usage more in character with the subject propertyes location, access and constraints. 4 . The proposed change P g will not result in any significant a g adverse impacts cts on the environment. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 946, BASED ON THE FOLLOWING FINDINGS. ORDINANCE NO. 946 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 140 ACRES TO 120 ACRES OF R-R RURAL RESIDENTIAL AND 20 ACRES OF R-1 SINGLE-FAMILY RESIDENTIAL. THE SITE IS BOUNDED BY SCENIC CREST DRIVE TO .THE NORTH, THE RAMSGATE SPECIFIC PLAN AREA TO THE WEST AND SOUTH AND THE TUSCANY HILL SPECIFIC PLAN AREA TO THE EAST (ZONE CHANGE 92-2; HOMESTEAD LAND DEVELOPMENT (HUNSAKER) /ROBERT DYER/LINDA WYNN) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER FINDINGS - ZONE CHANGE 92-2 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2 . This request will bring the zoning for the project area into conformance with the Genral Plan and the proposed General Plan Amendment. 3 . This zone change establishes the necessar site. y pre-zoning for this 4 . This request will not result in any significant adverse impacts on the environment. BUSINESS ITEMS 31. Warrant List - October 30, 1992. (F: 12 . 3) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST OF OCTOBER 30, 1992, AS PRESENTED. I PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 32 . Parking Prohibition on Lakeshore Drive - Resolution No. 92-81. (F: 112 . 1) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT RESOLUTION NO. 92-81. Councilman Alongi commented on this parking restriction and requested that a curb or other barrier be placed at this location to ensure that it is observed, indicating that he feels enforcement will be difficult. Mayor Pro Tem Dominguez indicated that he felt this item should be expedited and approved as presented. Councilman Alongi further stressed the need to prevent people from parking at this location. Public services Director Tecca advised that it was the intent of staff to place a sign at each end of the stretch, however, it would be possible to make that a red curb to deter parking. Council concurred that red curb would be adequate. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33 . Design of Miscellaneous Street and „Drainage Improvements at Various Locations. (F: 156. 1) City Manager Molendyk highlighted this item and explained this years allocations for street improvements and drainage improvements. MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE THE AWARD OF CONTRACT IN AN AMOUNT NOT TO EXCEED $25, 000 TO THE KEITH COMPANIES FOR EASEMENT ACQUISITION AND DOCUMENT PREPARATION, DESIGN SURVEY AND AERIAL PHOTOGRAMMETRY, AND FOR THE MISCELLANEOUS STREET IMPROVEMENTS AND STORM DRAIN PROJECTS; AND APPROVE THE AWARD OF A CONTRACT TO BSI CONSULTANTS, INC. IN AN AMOUNT NOT TO EXCEED $49, 334 FOR PROVIDING ENGINEERING DESIGN SERVICES FOR THE MISCELLANEOUS STREET IMPROVEMENTS AND STORM DRAIN PROJECTS. Councilwoman Cherveny commented on recently approved curb and gutter work in these areas and inquired whether work had been scheduled to avoid tearing up recent improvements. Mr. Tecca clarified that this project will not touch the curbs and gutters. Councilwoman Chervnny suggested that the plans be reviewed with the Elsinore Valley Municipal Water District to anticipate overlapping projects. Councilman Alongi questioned the portion of the project at the entrance to Lakepoint Park and whether it would include a left-turn at this location and whether the improvments would carry through to the adjacent Elsinore Village. Mr. Tecca confirmed both points. Councilman Alongi addressed Item #9 regarding Matich Street on the list inquiring whether it would be full pavement or just chip-seal and recommended full pavement and that it be moved up on the list. Councilman Alongi questioned the plans for improvement of Campus Way. Mr. Tecca showed the design and explained the proposed improvements, and explained that it will be full pavement with curbs and gutters to be added later. Councilman Alongi inquired when the construction would begin on these projects. i i I I I if PAGE FOURTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 Y Mr. Tecca indicated that they should be under construction in 60 to 90 days. Mayor Washburn clarified that there had been a subsidiary motion to improve with full pavement on Matich Street which would need to be addressed before the main motio n. MOVED BY ALONGI SECONDE D BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO IMPROVE MATICH STREET WITH FULL PAVEMENT. i THE FOREGOING MAIN MOTION TO APPROVE CONTRACTS CARRIED BY UNANIMOUS VOTE. i 34 . Bids for Demolition of Hazardous Structures - 411 N. Lan staff Street. (F: 32 . 4) City Manager Molendyk detailed this item. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO AWARD ABATEMENT CONTRACT FOR THIS PROPERTY TO HUNT'S WRECKING COMPANY. Councilman Alongi questioned the time span before this building would be torn down. Mr. Shear advised that Air Quality notification has occured work could begin as early as Friday, November 13th or Monday, November 16th. Councilman Alongi questioned the need to proceed with asbestos removal after the building has been burned. He expressed concern with overcharging the property owners for abatement, and particularly asbestos removal. He suggested finding a way through Air , g Quality Management to prevent this expense where possible. Mr. Shear clarified the requirement for asbestos inspection in buildings abated after 1978. He further clarified that on this project a significant amount of siding is still in place and this is the area where it is felt asbestos still might exist. City Manager Molendyk commented that staff would be happy to have Air Quality representatives come out and review the situation. He also suggested that this may be a topic for workshop discussion at a later date. Mr. Shear advised that Air Quality has been contacted and they are willing to come out. Councilman Alongi questioned the ability to see invoices to show where the materials are disposed of and what the cost is to the contractor. Mr. Shear advised that the shipping information is generally received, however, he has not seen associated costs. Mayor Washburn inquired Mr. q Alongi's concern was merely getting the best deal for this property owner. Mr. Alongi advised that he was concerned with getting the right deal. He further advised that he wants to be sure the contractor is doing the job requested. City Attorney Harper clarified the need to accept the lowest i responsible bid. He further clarified that while the City can request additional background material on bids, it is ' difficult to determine overcharging. i PAGE FIFTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 i Mayor Pro Tem Dominguez expressed concern with the time involved in getting buildings such as this removed because of the hazard involved. City Attorney Harper clarified the due process required for this type of action and indicated that the City is already proceeding very quickly on its abatements and there is continuous conversation as to how the process can be shortened further. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. Award of Contract for the Madison Street and Garfield Street Landscape and Irrigation - --Summit Grading & Paving. (F: 95.2) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT FOR THE MADISON STREET AND GARFIELD STREET LANDSCAPE AND IRRIGATION TO SUMMIT GRADING AND PAVING IN THE AMOUNT OF $55, 208. 60. Mayor Pro Tem Dominguez requested Suspension of the Orders of the Day to allow for placement of Item #36 on this agenda relating to funding assistance to the Downtown Business Association for the Christmas Parade. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO SUSPEND THE ORDERS OF THE DAY TO ALLOW ADDITION OF ITEM #36. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO PLACE THE REQUEST FOR $4, 000 FROM THE BUSINESS IMPROVEMENT DISTRICT ACCOUNT FOR FEES FOR THE CHRISTMAS PARADE. 36. Christmas Parade - Reauest for.. Funding. (F: 151. 1) City Manager Molendyk expalined this item and advised that there is a; current balance of approximately $6, 8000 in the BID District account of which they have requested $4, 000 for the Parade. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE USE OF $4, 000 FROM THIS FUND FOR THE CHRISTMAS PARADE. City Manager Molendyk requested the further suspension of the orders of the day to add an item pertaining to the establishment of Council work sessions. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO SUSPEND THE ORDERS OF THE DAY TO ALLOW THE PLACEMENT OF AN ADDITIONAL ITEM. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADD AN ITEM PERTAINING TO ESTABLISHMENT OF COUNCIL WORK SESSIONS TO THE AGENDA. i 37. City Council Work Sessions. (F:44. 1) City Manager Molendyk explained the difficulties in scheduling City Council Study Sessions and agreeing on topics and meeting i i PAGE SIXTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 i i times. He further explained that this proposal would be to hold workshops on Alternate Tuesdays from 3 to 5 p.m. at City Hall and if a quorum was not achieved, the discussion could still occur. I City Attorney Harper clarified that there is really no difference between a Study Session and a Work Session, in that agendas and notices are still required. Councilman Winkler questioned the ability to hold a Study Session wit hout a quorum. He inquired whether q the change proposed is really just a P y � change in time and location. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO HOLD CITY COUNCIL WORK SESSIONS ON THE ALTERNATE TUESDAYS OF COUNCIL MEETINGS FROM 3 TO 5 F.M. IN CITY HALL. Councilman Winkler inquired whether this would be only the 1st and 3rd Tuesdays with the 5th Tuesdays excluded. WITH THE APPROVAL OF THE MAKER AND SECOND THE MOTION WAS AMENDED TO EXCLUDE 5TH TUE SDAYS WHERE APPLICABLE. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Dave Montoya, resident of Quail Drive, expressed concern with ongoing drug problems in the Nashland/Joy Street area. He also expressed concern with gunshots in the neighborhood and their possible relationship to a recent verified shooting. He stressed the need for increased patrols and visibility to help fight the problems. Roger Leclerc, 29470 Turnbull Road, commented on the upcoming Sports Card d Show and his rejected application to participate. He indicated that this is the second year his application has been rejected based on his resistance to signing the requested waivers of liability. He commented on the nature of card shows and stressed the need for security. He requested that the Council obtain him the permission to participate. Herlinda Alberti, Operation SOK, thanked City Attorney Harper for his reference letter and his generous donation to their efforts. She reminded Council and the Community that any assistance will be greatly appreciated. She stressed their particular need to find a meeting facility. Rick Estes, 31714 Riverside Drive, addressed his comments at the last City Council Meeting and presented approximately 45 pages of signed petitions requesting increased police patrols and visibility in the area between Riverside Drive and Machado Street, and Lakeshore Drive and Grand Avenue. He detailed some of the comments received in connection with the petitions submitted and summarized the concerns presented. Tom Hundshamer, President, Elsinore Valley Chamber of Commerce, detailed upcoming Chamber events and invited the Community to participate. The events included: a Kids Rodeo Day on Saturday, November 14th, the Miss Lake Elsinore Pageant on November 21st, a PAGE SEVENTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 special Christmas Mixer on December 10th and the Christmas Parade on December 5th. Bob Houts, resident of Lakeland Village, again addressed property/launch rights for the residents of Lakeland Village. He summarized their six months of attendance at City Council meetings and expressed concern that they had not yet received satisfactory answers to their requests. CITY MANAGER COMMENTS City Manager Molendyk addressed the comments of Mr. Montoya and Mr. Estes and advised that the City is aware of problems in the Machado/Joy Street area. He further advised that patrols in that area have been increased on the weekends and a car has been designated to that area. He also advised that staff is pursuing a meeting with the property owners on Nashland to work on resolutions to the existing problems. He commented that additional information on this area will be coming to the Council in the near future. Captain Daniels confirmed that additional officers are working that area to address some of the specific concerns as has been done successfully in other areas of the. City. j i City Manager Molendyk commented on the storm drainage problems of recent years and advised that most of those problems have now been resolved at the West end of the lake. He advised that grading and erosion control have been completed in preparation for the rainy season, as well as the preparation of the sandbag supply at the City yard. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on: 1) The Farmers Fair held at Elsinore West Marina last weekend. Feels the event will grow. Encouraged Community Attendance. 2) Letter received by City Council regarding the Human Services Center and the possibility that the Family Services Association may be pulling out of the Center and possibly other as well. She expressed particular concern with this in light of recent financial assistance approval. 3) The transition to the new trash collection containers and program. Requested that CR & R representative make a presentation at the next City Council Meeting to update the public. She also advised that the next City wide Clean up day would be on December 12 , 1992. 4) Sign Raising Ceremony for the Rancon center at Collier and Central on November 19th. 5) Sheriff's Department Activity Report and whether the Council could receive this report monthly by districts. f) Upcoming street and drainage improvements and the ability of the property owners to obtain private property improvements at the time these projects are done. 7) Operation SOK and their need to find a meeting place of their own. i PAGE EIGHTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 8) After" school program for considera tion on the next City Council Agenda; approximate cost $64, 000. 9) Concerns of Mr. Houts and the Lakeland Village residents,idents on the �Lake Edge Specific Plan, will be obtaining more information on this item. Councilman Winkler commented on: I 1) Comments of Mr. Estes and stressed that these concerns are shared by many in the area; also noted that a Neighborhood Watch program is in place in the Joy Street area. Contact with the Nashland property owners is also underway to solve some of the problems. Requested copy of the petition presented this evening. 2) Workshop Schedule discussed earlier, would suggested that information be provided on Law Enforcement and the Redevelopment Agency Budget for a workshop as soon as possible. 3) Another pending issue beingthe Parks and the utilization of City Parks in the future. Will be asking Council to discusss giving preference to City only teams for applicable City fields. He explained the shared nature of some City parks. He stressed the impact of new residents on the existing facilities. He suggested that this type of program be implemented on 1993 or 1994, particularly in light of recent changes with the Ortega Trails Recreation and Park District. Councilman Alon i commented nted on: 1) Amber Ridge Sewer problems; concerned with rumors around town that he and Councilwoman Cherve ny are holding u this roc He P P ess. assured residents that he ig interest ed in them, but Elsinore Valley Municipal Water District has responsibility for sewers and in turn, solutions to their problems. He advised that he would like to assist them with loans and a repayment plan in place, however he is not in favor of a give-away program. 2) His concern for Police P protection. He .stressed the need for new developments to put money up front to facilitate enforcement in new areas. He suggested the funding for two Police officers for the first year. i 3) Need for Operation SOK to obtain the appropriate non-profit designation to assist their program. Has project. n't lost sight of this 4) Problems with the Sports Card Show; questioned the situation. Community Services Director Watenpaugh explained the previous years shows. He further explained the standard waiver approved by the City Attorney and explained the potential for theft and other problems with this type of event. CityAttorney y Harper explained P p ed the private sale nature of a card show and emphasized dthepofential for theft and fraud and the related pote ntial liability. P 1 for ility. 5) The work of 'H.O.P.E. In the Community; they fed 22 families this date. He suggested that the Community support this organization where possible. PAGE NINETEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 Mayor Pro Tem Dominguez commented on this evening's approval of funding for the Christmas Parade and explained his feeling that if there is to be a parade, it should be done right. Mayor Washburn commented on: 1) The efforts of S. S. Burger Basket to provide free Thanksgiving Dinners to those in need. He explained that this will be their second year to provide dinners and they will be served from 11 a.m. to 4 p.m. on Thanksgiving. 2) Police protection concerns of the City Council. Explained previous discussions regarding Community financial support of police services, and the lack of Community support for this program. 3) Concerns of Mr. Houts, he doesn't feel the needs of the County residents are being overlooked. He explained that the document is just now being circulated for review and further opportunities for input will fallow. 4) Previous discussions with the Board of Realtors regarding an ordinance to require annual property inspections to help ensure that property standards are maintained to help curtail related crime activity. 5) Monthly crime reports which are received from the Sheriff's Department, suggested Councilwoman Cherveny provide more information on what she would like to see. A. Introduction of Miss Lake Elsinore Contestants. Mrs. Aggie Goodacre introduced this year's Miss Lake Elsinore Contestants and Mayor Washburn presented each of the girls with a plaque and a City pin. She encouraged the Community to attend the pageant scheduled for Saturday, November 21, and advised that tickets are available through the Chamber of Commerce. Mayor Washburn wished the girls luck in the pageant. THE CITY COUNCIL MEETING WAS RECESSED AT 9: 24 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:45 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 10:45 P.M. TO DISCUSS MATTERS OF PENDING LITIGATION WITH O.M.G. , ADAMS ADVERTISING AND KUNZ CORPORATION. THE CITY COUNCIL MEETING WAS RECONVENED AT 11: 20 P.M. NO ACTION TAKEN. ADJOURNMENT I I MOVED BY DOMINGUEZ, SECONDED BY WlgKLER AND CARRIED BY UNANIMOUS j VOTE TO ADJOURN THE REGULAR CITY C � CIL MEETING AT 11: 21 P.M. A TEST: p,R Y WASH R CITY F LAKE ELSINORE . VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE I I I i i i � � �. i I { I 1 I MINUTES E REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 24, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Special Projects Coordinator Basham, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONSJCEREMONIALS A. Presentation - Congressman Al McCandless. (F: 168 . 1) Deferred until arrival of Congressman McCandless. B. Presentation - Planning Commissioner Sellevold. (F: 60. 2) Mayor Washburn presented Commissioner Sellevold with a plaque recognizing his service to the Community, and commended him for his dedication and service to the Community. Commissioner Sellevold thanked the City Council for this recognition and the opportunity to serve the Community. He hoped for continued growth and process of the City. C. Proclamation - S. S. Burger Basket. (F: 122 . 1) Mayor Washburn read the proclamation recognizing S.S. Burger Basket for their contribution to the Community, in providing free Thanksgiving Dinners on Thanksgiving Day, November 26th from 11 a.m. to 4 p.m. D. Proclamation -- County Centennial. (F: 122 . 1) Deferred to next meeting, as no representative was present. PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 E. Presentation, - CR & R Recycling Proc gram. (F: 163. 1) David Fahrion, representing CR & R, thanked the City Council for the opportunity to make this presentation and introduced other company representatives. He explained the implementation program which will begin with local newspaper information and proceed with public service announcements on King Videocable Channel 3 . He further explained that the week of January 11th they will be delivering containers to all residents in the City and collection will begin the week of January 18th. He detailed the types of materials which are to be deposited in each of the three containers, being recyclables in the blue container, green waste in the green container and other waste in the black container. Mayor Pro Tem Dominguez questioned alley collection. Mr. Fahrion explained. Mr. Fahrion detailed the Street Sweeping Program. Councilman Alongi inquired the timing of the street sweeping. Mr. Fahrion advised that streets would be swept the day following trash collection. Mayor Pro Tem Dominguez questioned commercial pick-up and stressed current problems, particularly for restaurants. Mr. Fahrion advised that they are evaluating the situation to eliminate the problems. Mr. Fahrion announced the upcoming Household Hazardous Waste and City-wide Clean up day on December 12th from 8 a.m. to 2 p.m. Mr. Fahrion provided an update on their proposed material recovery facility to be built in the City of Perris; and advised that they have received approval at the local and County levels and are now pursuing the State approvals. He further advised that they anticipate completion of the facility in 1994. Councilwoman Cherveny inquired whether the original start date had been January 1, 1993 . Mr. Fahrion confirmed that it had, but explained the timing problems with the holidays, manufacturing and distribution of the containers. Councilwoman Cherveny commented on the transition to the new system and the change in days for trash collection and street sweeping and questioned the level of notification to the homeowners and change in signage. Mr. Fahrion advised that they will distribute this information with the containers and stressed that most collection and sweeping days would be changed and cautioned the residents to watch for this information. He also advised that the new route is more geographically based and more efficient. City Manager Molendyk commented on the container size and the constraints of condominiums, duplexes, etc. to accommodate these containers out of view. He stressed the need to evaluate this situation. Mayor Washburn suggested that Mr. Fahrion work with staff to identify these PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 concerns. Councilman Alongi questioned the involvement of apartments in this program and indicated his understanding was that they would still have the large containers they have had previously. Mr. Molendyk clarified that his concern was with condominiums and duplexes which have not previously had large containers. Mr. Fahrion advised that he would address this concern with staff. A. Presentation - Congressman Al McCandless. (F:168.1) Mayor Washburn explained that this presentation is intended to recognize Congressman McCandless before he transfers over into his new district of which Lake Elsinore is not a part. He commented that Congressman McCandless has been instrumental in bringing Lake Management to the point it has reached, through his work with the Corps of Engineers, etc. Congressman McCandless thanked the Mayor and City Council for this recognition and commented that he would miss working with the City of Lake Elsinore. He further commented that he feels Ken Calvert will be an excellent replacement representative for the City of Lake Elsinore. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address items 37 and 39 of this agenda. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 2 MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Study Session Minutes - November 10, 1992 . (F:44.4) b. Regular City Council Meeting Minutes - November 10, 1992 . (F:44 . 4) The following Minutes were received and ordered filed: c. Planning Commission Minutes - October 21, 1992 . (F: 60. 3) d. Planning Commission Minutes - November 4 , 1992 . (F: 60. 3) 3 . Rejected and referred to Claims Administrator the Claim submitted by David L. James (CL #92-30) . (F:52 .2) 4. Approved Final Parcel Map 26144 for Mercury Metal Die & Letter Company, subject to the City Engineer's acceptance as being true and correct; authorized the City Clerk to sign and arrange for recordation of the map and accepted the dedications for recordation with the final map. (F: 110. 2) PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 5. Approved Final Tract Maps 23988 and 23988-3 for 888 Development, subject to the City Engineer's acceptance as being true and correct; authorized the City Clerk to sign and arrange for recordation of the map and accepted the dedications for recordation with the final map. (F: 160.2) 6. Approved Public Hearing Date of December 8, 1992, for the following: a. Consideration and Adoption of the proposed Water Efficient Landscape Ordinance. (F:95. 1) b. Tentative Financial Parcel Map 27291 Revised - Long Beach Equities. (F: 110. 2) ITEM PULLED FROM CONSENT CALENDAR 2 . L.E.A.F. Animal Control Activity Report - October, 1992 . (F: 18 . 2) Councilman Alongi commented that the statistics for turned in animals and euthanized animals continue to be reduced, and commended the Community for their efforts. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT. BUSINESS ITEMS 31. Warrant List - November 16 1992 . (F: 12 . 3) Councilwoman Cherveny indicated that there were no items of consequence over $50,000 on this warrant list. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 32 . Business License - Rosemary Kobayashi Mobile Ice Cream Truck) . (F: 34 . 1) City Manager Molendyk explained this item. Mayor Pro Tem, Dominguez questioned the application for this license and indicated that he saw nothing with regard to hours and areas in which the applicant would be allowed to operate. Administrative Services Director Boone advised that staff would recommend the same hours and location limitations as have been previously approved, including prohibition from sales on the main arterial streets and at schools and parks. Councilwoman Cherveny questioned how these restrictions could be formalized. Mr. Boone explained the limitations further. Councilwoman Cherveny inquired whether the Health Department certifications had been obtained. Mr. Boone explained that this would be necessary before the license is issued. Councilman Alongi questioned the limitation on sales in school zones. Mr. Boone explained that this was due to PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 the congestion that already exists in school zones. Mr. Boone further explained that the vendors have not questioned this in the past. Mr. Alongi questioned the limitation on sales in the area of parks. City Manager Molendyk explained that there are existing concession agreements and in some cases the youth sports groups use this type of sales as fund raisers. Councilman Alongi questioned the potential for a reduced license fee based on the reduction in sales areas. Mr. Boone indicated that there was no reduction. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BUSINESS LICENSE REQUESTED BY ROSEMARY KOBAYASHI (MOBILE ICE CREAM TRUCK. 33 . Award of Contract for Tree Trimming and Tree Removal. (F: 68 . 1) (X: 32 .4) City Manager Molendyk requested that this item be continued for two weeks. Councilman Alongi questioned this recommendation. City Manager Molendyk advised that staff would like to include this item in the budget discussion for December 1st and return to the next Council meeting on December 8th. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO DECEMBER 81 1992 . 34. Award of Contract for Nuisance Abatement. (F: 68 . 1) (X: 32.4) City Manager Molendyk explained this item which applies to a number of small abatements and recommended acceptance of bids and award of contracts as noted in the staff report. MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO AWARD THE CONTRACTS AS FOLLOWS: PROPERTY CONTRACTOR Terra Cotta/Harrison Impressive Lawn & Lot Spring/Flint Impressive Lawn & Lot 324 Lookout Greg Smith Machado/Lincoln Impressive Lawn & Lot 3600 Nashland Greg Smith Riverside Drive Greg Smith Grand & Macy Environmental Control 207 Prospect Greg Smith Country Club Greg Smith Mayor Pro Tem Dominguez questioned the bids and the suggested that the residents need to look out for their own contractors and he would rather they choose their own contractors. Mayor Washburn stressed the nuisance abatement and noticing process, but noted that staff needs to be sure the property owners are advised of their ability to secure contractors. Councilman Alongi noted that these are no longer at a PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 point to rely Qn the property owners' decision. THE FOREGOING VOTE CARRIED BY UNANIMOUS VOTE. 35. Change Order Nos. 4 & 5 for the Rice Canyon Water Reservoir Storage Tank, Community Facilities District 88-3 . (F: 22 . 3) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDERS 4 AND 5 FOR ADVANCE TANK & CONSTRUCTION COMPANY AS PRESENTED. 36. Establishment_ of Stop Controlled Intersections - Lash/ Machado/Smith - Resolution No. 92-82 . (F: 162 .2) City Manager Molendyk highlighted this item and explained the location. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT RESOLUTION NO. 92- 82. Councilman Alongi requested details on the configuration of signage and striping. Public Services Director Tecca showed a diagram of the intersection. Councilman Alongi questioned Lash Street and where the stop bar will be, explaining that he is concerned with the distance. Mr. Tecca indicated that he believed it to be adequate for sight distances. Councilman Alongi inquired whether there would be a dividing line on Lash Street. Mr. Tecca indicated that he would assure that a dividing line is included. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 92-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS (LASH/MACHADO/SMITH) . 37 . Eastlake Project Memorandum of Understanding. (F: 134. 10) City Manager Molendyk requested that the Council take concurrent action with that taken by the Redevelopment Agency Board later this evening. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONCUR WITH THE REDEVELOPMENT AGENCY ACTION ON THIS ITEM. 38. Human Services Center Advisory Committee Recommendations. (F: 64 . 4) Community Services Director Watenpaugh explained this request by the Committee for increased City staff support for the programs. He further explained the original funding of this program and changes which have occurred. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO DENY THIS REQUEST FOR STAFF SUPPORT. 39 . Grand Avenue and Machado Street Sound Reduction Wall. (F:80. 1) PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Public Services Director Tecca explained that the intersection of Grand and Machado is a secondary highway and detailed the traffic circulation and how it is measured. Mr. Tecca then addressed the sound wall and explained the necessity to build correctly to prevent liability for the City and himself. He further explained that the subject wall is on private property and the City Attorney has advised that public funds cannot be spent to specifically enhance private property, however, this can be avoided by property owners taking action to dedicate the wall and several feet of their property on which the wall is standing to the City. He also explained the bid process and how it can be implemented and stated that staff's recommendation is to authorize staff to proceed with the project. City Clerk Kasad read the following letter from Christine Hyland to City Manager Molendyk and Public Services Director Tecca: Gentlemen: As you promised the Windover sound barrier fence is on the Agenda for the Council meeting on November 24 . I took the time to pursue the contents of your report Mr. Tecca and it is my opinion it is nothing more than a bunch of bullshit. I simply cannot say it any plainer than by the word I expressed. First, I am going to quote from your first report. "Engineering has reviewed the design of the existing 1, 350 foot wall. The foundation appears adequate to support a higher wall if the soils are stable. " I also want to inject here that you had to go as far away as Placentia (where City Manager Molendyk lives and Escondido where the person in you office who did the study lives) which in my opinion is not too Kosher. The estimate was $40, 000. Mrs. Yantorn in our tract obtained one for $15, 236. 00 which you might say is quite a spread. Secondly, it is my opinion there is something radically wroung in the way this City is run and/or managed. It appears the left hand doesn't know what the right hand is doing. There also seems to be studies upon studies costing this City millions of dollars. I have recently had the opportunity to read some reports and one of those reports indicates noise levels for all main arteries at CNEL of 60-65-70. Grand Avenue it indicated a noise level of 70 CNEL. This study took in Machado Street, Robb Road, Grand Avenue, Lincoln, Lakeshore, etc. Another report indicated with new commercial, residential, recreational and institutional that 20,900 vehicle trips will be made per day. Another report indicated there PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 \will be a build up of traffic on Grand Avenue of 55, 000 cars daily. Now your proposal to the Council is as follows: $900. 00 to McLean & Schultz to prepare design details. Frankly, I presumed that had already been established by the two contractors you obtained bids from. Why - why more monies for more studies. Or is this to escalate the cost? $1,200.00 for staff's time. I do hope you charge the developers the fees you charge the tax payers. The audacity of you to even think of presenting this next item to the homeowners it is totally absurd. $4 , 000. 00 to the Keith Companies to prepare a formal legal dedication for the property owners to dedicate several feet of our property. All you need is permission to work on our property just to put up a few bricks not confiscate it. Also the wall was to go around Machado and that was included in the $15, 237 . 00 bid from a local contractor. To this I say bullshit - where did you come up with that - I assume while you head was buried in the sand. Furthermore, I am sick and tired of all these studies and uses of consulting firms. It is my opinion that the City of Lake Elsinore has made the Keith Companies millionaires; followed closely by BSI whose reports in my opinion are not always correct. Also, Ballew and Associations and now Robert Christian, etc. Possibly we should find some less expensive who could do just as good a job. It is also my opinion that had Mr. Art Nelson, developer been made to file an Environmental Impact Report, we might not be in this predicament. Noise and the devalue of our homes. However, favoritism plays strange ways. You have placed a lot of factions in your report that leads me to believe what you are saying is "lady" you aren't going to get that fence. , Well - you may be sure the battle will not be over - I may not win with the fence. It is my opinion you will be the losers. We have not spent three months getting recall petitions signed for nothing. Therefore, it is my opinion we just need one big vacuum to make a big clean sweep. What we need in this City is dedicated servants to the taxpay NOT the developers. PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Chris Hyland Susan Yantorn, 15171 Wavecrest Drive, expressed her opinion in regard to unnecessary studies and that she was under the impression that the wall was already City property. She further suggested that all walls be raised to eight feet when they face public streets. Ace Vallejos, 15111 Windover Court, stated his disapproval of the way the sound wall is being handled. He complained of the noise and the necessity for the eight foot wall. Mayor Washburn questioned the buildout date for the area. Mr. Tecca stated that expected buildout will be around the year 2015. Councilman Alongi stated that he was not trying to create liability for the City or the Director and that he does agree that the project should be handled right to protect the City. Councilman Winkler questioned that amount of sound that the an eight foot wall would control and stated that he did not see where it would reduce noise for the two story homes. Mr. Tecca explained that noise travels in a straight line and that this wall will cut down the noise from the street level, but might not from the trucks. He further stated that the wall would reduce the sound, but would not eliminate the sound. Councilman Alongi stated that the purpose of the wall is to reduce the noise not to eliminate the noise. He further stated that necessity for the City to address the lifestyles of the residents prior to placing the roadways and try to address the problems. Councilman Winkler he didn't feel that the wall would address the problems as the residents feel that it will. He questioned where the truck traffic travels. Mr. Tecca stated that Grand Avenue is a truck route and Machado is not, therefore the trucks are on Grand Avenue. He further explained intersections and their noise levels. Councilwoman Cherveny asked if it was possible to have the property owners dedicate the land to the City for the time that the work would take and then the City dedicate the land back to the property owner. City Attorney Harper stated that the land must be dedicated and that he did not see that as any problem. He explained that this would be for the purposes of the wall only and in essence would be an easement. Councilwoman Cherveny further questioned the recovery of funds for this wall from future developments which would impact that intersection. City Attorney Harper clarified that the City cannot exact fees from a Developer that do more than remedy what he does to increase the problem. This issue is that at this point the wall is felt to be needed and not at a future date. Mrs. Cherveny asked that if in the future a developer causes an impact on the wall, it be addressed in their E. I.R. Mayor Pro Tem Dominguez stated that he did not see the necessity for a sound wall. PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Mayor Washburn stated that he had a problem with spending taxpayers money on private property. He further explained that he understands the noise concern, but he has been out on the site and felt that the problem was not as bad as it has been presented by some people. Mr. Tecca stated that if the noise is increased by 12 decibels then the site does warrant a sound wall to be put in place. He further explained the difficulties of charging a future developer for an existing problem. Councilman Alongi explained that the intersections cited by Mr. Tecca that do not have noise walls already had knowledge of the streets prior to moving in and in this instance that was not the case. He further explained that the road was not there at the time of occupancy and therefore he feels that the City has some level of responsibility to the residents to address the sound problem. Councilman Winkler explained that an eight foot wall would reduce the sound somewhat but would not eliminate the noise and further questioned the need due to the growth within the City and the acceptable noise levels at other intersections. He further stated that if he were to receive a petition signed by every single owner he might reconsider this issue, but it would have to be every one. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO DENY THE REQUEST TO PROCEED WITH THE GRAND AVENUE AND MACHADO STREET SOUND WALL. 40. After School Drop-in Program. (F: 64 .2) City Manager Molendyk explained this item and detailed ' the schools to be involved in the program. He further explained that this program is not currently budgeted and suggested a pilot program for this budget year in that there was a savings on the two new sheriff officers. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE A PILOT PROGRAM OF THE AFTER SCHOOL DROP-IN PROGRAM. Mayor Washburn commented on the fact that this is not a currently budgeted program and questioned the participation and input by the schools. Councilman Alongi inquired what age group would be included. Community Services Director Watenpaugh advised that it would be the 8 to 16 year olds. Councilman Alongi questioned the ability to use redevelopment funds rather than general fund. Mayor Washburn commented that this is not a capital project and not appropriate to redevelopment funds. City Attorney Harper concurred. Community Service Director Watenpaugh indicated that the schools are interested in the program, however time, space and costs have not been negotiated. He further indicated that a program of this type is currently in place at the Community Center. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Mayor Pro Teem Dominguez advised that he is in favor of this program. Mayor Washburn pointed out that it would require rebudgeting for this year. Mr. Dominguez clarified that there was a savings on the two new police officers which could be applied to this program. Mayor Washburn suggested that in that case possibly the Grand Avenue wall should be readdressed. He further suggested that there are not assurances presented from the schools and he did not see that proper research had been done. Councilwoman Cherveny addressed the preparation of this report and indicated that she would be inclined to approve this item with a condition requiring final school approvals and negotiations. She stressed the value of this program due to its impact on public safety and the tendency toward gang problems. Mayor Washburn questioned the impact of this program on crime and delinquency. Councilwoman Cherveny indicated that it would provide a constructive alternative. Mayor Pro Tem Dominguez concurred with Councilwoman Cherveny, as he has seen the program work before. Councilman Alongi questioned the applicability of C.D.B.G. funds for this program. Community Services Director Watenpaugh indicated that there might be areas which could qualify, but stressed that this would require shifting funds from other programs. Councilman Alongi indicated that he would like to look at this next budget year. Councilman Winkler requested clarification of the motion. Councilwoman Cherveny indicated that it was for the 21 week Pilot Program, contingent upon school scheduling and approval. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 41. Second Reading - Ordinance No. 942 - Murdock Alberhill Ranch Specific Plan. (F: 150.2) MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 942 : i 's ORDINANCE NO. 942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NUMBER 2 TO SPECIFIC PLAN 89-2 AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, f WINKLER, WASHBURN 4 NOES: COUNCILMEMBERS: NONE 1 I ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE l a PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 42 . Second Rea din - Ordinance No. 943 - Murdock Alberhill Ranch Development Agreement. (F: 68 . 1) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 943 : ORDINANCE NO. 943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH MURDOCK ALBERHILL RANCH. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 43 . Second Reading - Ordinance No. 946. (F: 150.2) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 946: ORDINANCE NO. 946 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 140 ACRES TO 120 ACRES OF R-R RURAL RESIDENTIAL AND 20 ACRES OF R-1 SINGLE-FAMILY RESIDENTIAL. THE SITE IS BOUNDED BY SCENIC CREST DRIVE TO THE NORTH, THE RAMSGATE SPECIFIC PLAN AREA TO THE WEST AND SOUTH AND THE TUSCANY HILLS SPECIFIC PLAN AREA TO THE EAST (ZONE CHANGE 92-2 : HOMESTEAD LAND DEVELOPMENT (HUNSAKER] /ROBERT DYER/LINDA WYNN) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 44 . Advertisement for Planning Commission Applications. (F:60.2) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE CITY CLERK TO PROCEED WITH ADVERTISEMENT FOR APPLICATIONS BEGINNING IMMEDIATELY; WITH A DEADLINE OF DECEMBER 18, 1992 . City Attorney Harper indicated that there was a need to add an item to this agenda concerning a vicious dog for which L.E.A.F. has noticed this meeting. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADD ITEM #45 CONCERNING A VICIOUS DOG AT 302 NORTH LANGSTAFF. PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 24, 1992 45. Determination of Vicious Dog - 302 North Langstaff. (F: 18. 1) Willa Bagwell, representing L.E.A.F. , detailed the incidences involving the Pit Bull Dog at 302 North Langstaff. She further detailed the conditions placed on the owner to be allowed to keep this animal at the above stated address. She indicated that those conditions have not been fulfilled. She further indicated that the owner is now homeless and the dog has been in care of the animal shelter for four or five weeks already, with only one contact from the owner through a friend who offered to pay for boarding. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO DECLARE THE DOG VICIOUS AND ORDER THAT IT BE DESTROYED. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Linda Sandoval, 15195 Joy Street #B, commented on her attendance at the last City Council meeting in support of Mr. Rick Estes comments on crime problems. She expressed concern with the final action on the Murdock Alberhill Ranch development fees pertaining to police protection and fire services. She stressed the need to plan for the future safety of the community and commented on the increased problems since March of this year. Debra Kivitt & Vicki McKarg, residents of Apple Blossom Street, expressed concern with the recent prohibition of parking of trucks and explained that the difficulty for their husbands to find an adequate parking place and be able to come home to their families. They explained that their husbands are employed by companies out of the State and leaving their rigs at a truck stop an hour away would be considered abandonment of the trucks. Mayor Washburn referred them to Community Development Manager Shear for assistance. Councilman Winkler indicated that there might be space at the end of Terra Cotta on a temporary basis. Mr. Winkler further explained the problems with visibility being blocked on Lakeshore Drive. Peter Dawson, 18010 Grand, commented on the Lake and the ownership rights they have previously requested from the City. He stressed the need to protect the residents' rights prior to the transfer of the Lake from the State to the City. Chris Hyland, 15191 Wavecrest, addressed a brochure sent out by Mayor Washburn and statements that there had been half truths and lies presented to the public. She indicated that there is legal documentation for all statements. She further indicated that a warning letter was issued by the Fair Political Practices Commission. She commented on the cost factor of the recall election and indicated that the Mayor should resign and save that cost. CITY MANAGER COMMENTS City Manager Molendyk reminded the City Council of the upcoming workshop on December 1, 1992 , at 3 : 00 p.m. at City Hall, with the topics to include a Budget review and Public Safety. City Manager Molendyk commented on the second meeting in December which will fall on the 22nd and requested Council comments on their preference for this meeting; being either hold the meeting on December 22nd or reschedule it for December 15th or 17th. i PAGE FOURTEEN - CITY COUNCIL MINUTES - NOVEMBER 24 , 1992 CITY COUNCIL CO ENTS Councilman Alongi commented on the following: 1) November 26th Lunch at the Yes Center (St. Frances Church) from 11 a.m. to 1 p.m. Advised that they still need donations and volunteers toward this effort. 2) Sidewalks near the schools are currently underway. 3) Review of the Bird Tract and Joy Street with Councilman Winkler, possible solutions are being discussed. 4) Success of the United Way Telethon, they nearly reached their goal of $20, 000. 5) On the motion to destroy the vicious pit bull dog, requested that Council consider an ordinance to prohibit pit bulls in City Limits. He stressed that they are bred to be aggressive. Mayor Pro Tem. Dominguez commented on the following: 1) Upcoming Winter Wonderland at Gediman Park on December 4th from 4 :45 p.m. to 9`p.m. 2) Upcoming Christmas Parade on December 5th at 10 a.m. , with 79 entries, 1, 759 participants. He advised that there is still a need for convertibles. Councilman Winkler commented on the following: 1) Comments of Linda Sandoval regarding Joy Street, and clarified the general fund police budgeting process. He explained sales tax revenues and general fund revenue vs. development agreement fees. He stressed that the question with Murdock Alberhill Ranch was whether they could predict the future with regard to the needs of the Community. He further stressed that this does not prohibit use of the fees, only to keep them available for the areas needed at the time of the development. Councilwoman Cherveny commented on the following: 1) Snow prediction for the upcoming Winter Wonderland program. 2) Open House at the Senior Center following the Christmas Parade from 1 to 3 p.m. on December 5th. 3) New shops at the Outlet Center, with good traffic. Feels the center may meet its sales tax goals with the addition of the new shops. 4) Reminded Community of Thanksgiving meals at St. Frances Church and S.S. Burger Basket. 5) Golden Spectrum will be underwriting cost of bus fares for Senior Citizens during the month of December. PAGE FIFTEEN - CITY COUNCIL MINUTES - NOVEMBER 24 , 1992 6) Lake Street/Grand Avenue/Robb Road Street Name, has a decision been reached regarding name change and when will the signals be functioning. Public Services Director Tecca explained the difficulty in shifting traffic to finish the street. He indicated that traffic should be split in approximately one week. 7) Comments of Councilman Winkler, explaining that she dial not intend to make the City Council look less concerned with public safety, however it is a major concern for her. She clarified her reasoning for wanting to earmark funds for the first year of the Murdock Alberhill Ranch development. 8) Wished the Community a happy Thanksgiving and happy family time. Mayor Washburn commented on the following: 1) Success of this year's United Way Telethon, during which just under $20, 000 was collected. He expressed disappointment with the press coverage of this event. 2) Comments of Linda Sandoval and clarified further the budget and the problems with earmarking funds. He stressed that this decision was a Council decision, not a developer decision. 3) The upcoming Winter Wonderland program and thanked former Councilman Bill Starkey for his work in implementing the program. 4) Design Review Committee appointments including Ray Grage, Sonja Matthies, Planning Commissioners Don Neff and Pamela Brinley and Mayor Washburn. Mayor Pro Tem Dominguez and Councilman Alongi to serve as alternates. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO CONFIRM THE DESIGN REVIEW COMMITTEE APPOINTMENTS AS PRESENTED. THE CITY COUNCIL MEETING WAS RECESSED AT 9: 30 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11: 33 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 11: 34 P.M. TO DISCUSS PENDING LITIGATION WITH O.M.G. , ADAMS ADVERTISING AND KUNZ. THE CITY COUNCIL MEETING WAS RECONVENED AT 12 : 05 A.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BYMCITF LER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITCIL M ITIN AT 12: 06 A.M. WASHBURN, MAYOR A EST• LAKE ELSINORE SAD CI Y CLERK CITY OF LAKE ELSINORE MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY WORK SESSION CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 1, 1992 CALL TO ORDER The Work Session was called to order by Mayor Pro Tem Dominguez at 3 : 01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER ABSENT: COUNCILMEMBERS: WASHBURN Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Christen, Public services Director Tecca, Special Projects Coordinator Bill Basham, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. BUSINESS ITEM I. : :.Public Safety a. Reporting District_H Lt. Garthwaite advised that for the past six weekends the extra patrol officers have been utilized in District H. He indicated that very soon they would have fresh data from this effort and be able to analyze the results. He commented that there has been a lot of activity in this area, as well as a lot of police presence. He further commented that there has been a slight drop in the statistics for this area between September and October. He clarified that extra patrols can cause an increase in these statistics due to the increased presence. He indicated that he has received a number of positive comments from business people in that area. He also indicated that the officers feel the response time has been greatly reduced, because they are already in the area. Mayor Pro Tem Dominguez inquired whether the Special Enforcement Team is being used in this District. Lt. Garthwaite indicated that they were not being used in District H yet, as they are currently working search warrants and drugs with great success. He further indicated that they are currently pulling this team back in for specialized problems of the holiday season. Councilwoman , -Cherveny inquired whether this was the "target team" . City Manager Molendyk clarified that this i I PAGE TWO - CITY COUNCIL WORK SESSION - DECEMBER 1, 1992 i team is the most recent two new officers added by the Council. He also clarified that the target team is working drugs and gang activity. Mayor Pro Tem Dominguez requested clarification of the target teamfs activities. Lt. Garthwaite indicated that they are currently working narcotics and related crimes. b. Nashland Avenue City Manager Molendyk commented on public contact regarding Nashland Street and the possibility of improvements in the area. He further commented that staff has investigated programs used in other cities and alternatives such as funding through the Redevelopment Agency. Councilman Winkler indicated that he feels Nashland should be torn down and replaced by a greenbelt over a period of time. He commented on the difficulty caused by duplexes, lesser quality apartments and traffic in the area. He also commented that there are apartments on Joy Street that he would like to see rehabilitated into condominiums. He further commented that he would like to see the low income housing retained in that area. He also suggested that it might be appropriate to put a gate at Quail and a gate at Lincoln Street. Councilman Alongi indicated that he feels Joy Street would be a prime area to convert to low income housing on an ownership basis. He suggested that it will be necessary to maintain strict standards for property maintenance to prevent the problems from reoccurring. He detailed a project of this type underway in the State of Michigan and commented on its success. He also suggested that this project be maintained as a priority. Councilwoman Cherveny commented that there are major problems in this area and there is no place for children to play. She further commented that she would not mind tearing down a couple of units to build a park for the kids in the area. She indicated that she was not sure condominium conversions would work, but suggested it was possible. She further indicated that she feels this would be a proactive approach to the problems and would agree that it should be a priority for the next budget year. City Attorney Harper commented that depending on the Redevelopment Project Area this project is located, there could be acquisition problems. Councilwoman Cherveny indicated that one property owner has contacted the City because he has an empty unit and would prefer not to solicit another renter if the City is interested in acquiring it. Councilman Alongi commented on the area further and stressed that most people would not want to live there. Mayor Pro Tem Dominguez inquired whether there was a Neighborhood Watch program in the area. Staff confirmed. Councilman Winkler indicated that the property owner who I PAGE THREE -- CITY COUNCIL WORK SESSION - DECEMBER 1t 1992 approached the City has indicated that it is a very bad situation, because the residents are literally afraid to get involved. Councilwoman Cherveny indicated that the Neighborhood Watch program in the adjacent Bird Tract was very strong about a year ago, but it fluctuates. Public Services Director Tecca indicated that eleven property owners have been contacted about increasing their trash service schedule to help clean up the area and two have already agreed to the increase. Councilman Winkler commented that the Nashland development really does not fit the area and there is really not an easy solution. He stressed that this is an area where the City can help save the neighborhood. Mayor Pro Tem Dominguez questioned the progress in contacting the property owners. Councilman Winkler indicated that staff is working to contact them and he feel many would like to sell. Councilman Alongi commented that he really doesn't like to tear things down, but space is needed between these 1 units. He stressed that the property is deteriorating rapidly and will continue to do so. Mayor Pro Tem Dominguez requested clarification of "low- income" housing. Councilman Alongi clarified that low income housing means it is sold to people for 25% of their income. Mayor Pro Tem Dominguez questioned low- income housing and its contribution to the problems in this area. Councilman Alongi indicated that in this case the problems are from property owners' neglect. He stressed the need to attract good people to the community. Mayor Pro Tem Dominguez questioned the project being proposed. City Manager Molendyk indicated that a solution or recommendation is being sought for the final j project. Mayor Pro Tem Dominguez requested further clarification of low-income housing. Councilman Alongi clarified further indicating it is based on the value of the land the project is on. He further indicated that this is the perfect area because the investments there were lower than today's costs. City Attorney Harper further clarified low and moderate income housing and affordable housing for low/moderate income families and the mechanisms to deal with them. Councilman Alongi gave the example of the property at Franklin and Ellis Streets and explained that the Redevelopment Agency bought down the expense of the project. City Manager Molendyk suggested that reestablishment of the budget priorities is the other topic for this meeting and based on that discussion other alternatives may be available. I i i I PAGE FOUR - CITY COUNCIL WORK SESSION - DECEMBER 1, 1992 City Manager Molendyk indicated that staff would be meeting with Mr. McElroy for Economic/Community Development to review alternatives and the next meeting on this topic there would be more hard facts. 2 . City/RDA Budget Review City Manager Molendyk explained that the main reason for this review is to consider some budget projections. He detailed the currently budget items and the additional projects which have been requested. He explained the increased draw on the escrow account available in February, 1993 . He also detailed the new projects and- the potential working capital available for the next three years. He clarified that the intent of this meeting was to reaffirm the City Council priorities for this budget year. He also clarified that even the site specific factors must be accounted for in the budget documents. Councilwoman Cherveny inquired when the Camelot Properties Project would start needing money. Special Projects Coordinator Wood indicated that they could possibly start in May or June with a need of approximately $200, 000, however, the final agreement has not been worked out yet. Councilman Winkler commented that he understood the commitment was for the grant in fiscal year 1994/95. City Attorney Harper indicated that Mr. O'Byrne is currently working out the time schedule and it could be back for final review at the December 22nd meeting. City Manager Molendyk commented on the future need for capitalization on the Lake as soon as it is transferred. Councilman Winkler further questioned the commitment to Camelot Properties. City Manager Molendyk indicated that actual dollars are being determined. Councilman Alongi indicated that he remembered approving $200, 000 for the off- sites on Malaga Road with the City to pick up the difference. He further indicated that there was some uncertainty as to the need for alignment of Malaga Road. He stressed that there is still no firm information on what is needed. Administrative Services Director Boone detailed the anticipated increases in tax increment and projections for the next five years. He further detailed the debt service amounts, interested owed and existing obligations for the same period. Councilwoman Cherveny questioned the time frame for payment of the grant to Camelot. City Attorney Harper clarified that the present concern is with paying the debt service, however, the grant is probably construction money. Councilwoman Cherveny inquired whether this would mean that construction would not begin until 1995. Administrative Services Director Boone indicated that this is only a reimbursement situation. Councilwoman Cherveny expressed concern with what year this payment would be necessary. City Attorney Harper further indicated that this agreement had not been reached and suggested possible alternatives. Councilwoman Cherveny commented on the importance of the budgeting process and her concern that the figures discussed are real dollars. PAGE FIVE - CITY COUNCIL MINUTES - DECEMBER 1, 1992 City Manager Molendyk commented on the upcoming budget year and explained that the purpose of this meeting is to determine the priorities of the Council to allow for adjustments and investigation of other opportunities for funding of projects. Councilman Winkler questioned the $8.5 million for the Baseball Stadium, and whether it would include the $750, 000 for design work. Dan Young indicated that the $8 . 5 million financing could address that obligation. City Treasurer Pape questioned the $1. 6 million reserve for the next five years. City Manager Molendyk clarified that this was just the Redevelopment Agency funds based on the timing for the next bond issuance. Mr. Molendyk further clarified the projections for the State budget over the next few years. Councilwoman Cherveny inquired whether the City would be giving up another $1 million next year to the State and suggested that this could only leave $600, 000 in reserves. Councilman Winkler questioned the projects which are already funded or conditioned to be funded, and whether the State would consider those when they take funds away. City Attorney Harper indicated that it would most likely have no impact on their reductions. Special Projects Coordinator Wood indicated that it would just become a debt if not paid and they could deduct it from property taxes before they pay out to the City. City Manager Molendyk indicated that the rumors at this point are that the City could loose 15% of property taxes next year and all of it in 3 to 5 years. Councilwoman Cherveny commented on the need to review the budget in light of the $750, 000 commitment requested to proceed with the Baseball Stadium. Councilman Alongi commented on Amber Ridge and the need to determine what can be worked out with the Water District. He further commented that he is not sure the $325, 000 will address Amber Ridge. Councilwoman Cherveny questioned which funds have not been spent. City Manager Molendyk inquired over what period the $750, 000 would be spent for the Stadium. Mr. Young indicated that work would be completed by August, 1993 . Councilman Winkler suggested that cutting $350, 000 from the housing program, $200, 000 from the Methodist Church Project and $200, 000 from the Hotel Project, would address this item, while leaving funds to deal with Amber Ridge. Councilman Alongi stressed the need for a working program with the Water District to address Amber Ridge. Councilman Winkler commented on the need for a workshop with the Water District. Councilman Alongi indicated that he had discussed a workshop for December 15th with the District to discuss Amber Ridge. i PAGE SIX _ CITY COUNCIL MINUTES - DECEMBER 11 1992 Councilman Alongi disagreed with Mr. Winkler's suggestion on the Methodist Church and the Hotel. He further indicated that he still has problems with the Camelot item, and would shift those funds to the Stadium. He also indicated that a movie theater should be the last priority for the Community. He commented that this type of business provides more low income jobs. Councilman Winkler commented that cutting Camelot does not find $750, 000 for this year. Mayor Pro Tem Dominguez commented on the Methodist Church project and indicated that the successful projects have all been non--political. He suggested that the Church project could be done as a community project and indicated that he has people who are willing to donate services and materials to see it completed. He indicated that he would like to see the funds remain in the budget. Mr. Dominguez requested that Will Mr. Buck comment on this item. Buck reminded Council of the the sales Commission donated back to City for this building and indicated that he has volunteered hi services for design of this project, as many in the community are looking forward to using it. He suggested that the project might be able to be done for about $50, 000, but he would like to see the funds anyway. allocat( Councilman Alongi indicated that he would not mind this project proceeding, but he doesn't feel it should be dependant on volunteer services. He agreed that the $200, 000 should remain allocated. Councilwoman Cherveny commented that presuming the $750, 000 could be:' found in the budget, there is still the need to come up -with the $8 .5 million to complete the Stadium by 1994 . She stressed that this project is still $7 million short. City Attorney Harper concurred, but noted tact the annual commitment would be for the debt service. Councilwoman Cherveny inquired whether it is known that the project can be financed. City Attorney Harper indicated that the real number is not $7 . 5 million, but only the debt service on that amount. City Treasurer Pape questioned the debt service amount. City Attorney Harper indicated that it would be approximately $800, 000. City Manager Molendyk commented on the draw/"halo" effect of a Stadium, and explained that there are other avenues to pursue for funding. Mr. Young indicated that the critical concern is the debt service for the next few years until the Eastlake Project is well underway. City Treasurer Pape inquired how the facility in Rancho Cucamonga 'had been funded. Mr. Young indicated that it was built by park fees and tax increment. City Manager Molendyk indicated that he needs Council to { decide if it is time to move forward with the design of this project. He stressed that it is impossible to do everything and the Council needs to set the priorities. Special Projects Coordinator Wood indicated that if bonds are I i PAGE SEVEN - CITY COUNCIL MINUTES - DECEMBER li 1992 i I the route chosen for the Stadium they will need to be subordinated to the existing bonds, similar' to a second mortgage on a home. He explained the need to find an alternate source for debt services if this is the case. Councilwoman Cherveny commented on the possibility of putting a vote to the people for consideration of Municipal Bonds. Discussion of subordinated bonds ensued with Special Projects Coordinator Wood clarifying the limitations. Councilman Alongi questioned Council's priorities. Councilwoman Cherveny indicated that if the Lake is to be transferred in the next two years, then that is more important than the Stadium. She stressed that the Lake is the most important to the Community at present. Council discussed the Lake related projects, as well as the timing and the costs involved. City Manager Molendyk reminded Council that staff will attempt to make all of the projects work, but they need priorities to work with. Councilman Alongi expressed concern with the need to make a decision on the Stadium so quickly. Councilman Winkler clarified that this is an opportunity because of the new 1994 requirements, which might not be available to the City at a later date. Councilwoman Cherveny concurred that this is a right now situation. City Manager Molendyk clarified that this step will nearly guarantee a team and it is really a matter of timing. Mayor Pro Tem Dominguez inquired how long a team would stay in one facility. City Manager Molendyk advised that this quality of Stadium is different than what they have been offered in the past and it is not known how long a team would commit for. City Attorney Harper advised that he would anticipate 10 to 12 years. City Manager Molendyk further explained that this is a more professional Stadium and it would be a business arrangement. Councilwoman Cherveny commented on the current movement of teams and the new League requirements for Stadiums. Councilman Winkler stressed the need to start on this project right away to meet the April, 1994 requirement. THE WORKSHOP WAS ADJOURNED AT 5: 00 P.M. FRED DOMI UEZ, MAYOR' PRO TEM CITY OF LAKE ELSINORE AT EST: v K CI Y CLERK CITY OF LAKE ELSINORE i MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 8, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Alongi. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, Community Services Director Watenpaugh, Public Services Director Tecca, City Planner Christen, Special Projects Coordinator Basham, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS CEREMONIALS B. Proclamation - Countv Centennial. Mayor Washburn read this proclamation and indicated that the committee was unable to have a representative present and the proclamation would be forwarded to them. A. Presentation - Ass emblvman Steve Clute. Mayor Washburn presented Assemblyman Clute with a City Tile Plaque and explained the recent redistricting. He stressed the work that Assemblyman Clute has done to assist with AB 1697 and the Lake Management Project. Assemblyman Clute commented that it has been a pleasure to represent the City Council, City Staff and residents of Lake Elsinore. He also introduced his Administrative Assistant Rafael De La Cruz and thanked the City Council for this recognition. PUBLIC COMMENTS - AGENDIZED ITEMS Requests received were deferred to discussion of the indivival items. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: PAGE TWO - CITY COUNCIL MINUTES - DECEMBER 8, 1992 Item No. 4 . MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - November 24, 1992. The following Minutes were received and ordered filed: b. Planning Commission .Minutes - November 18, 1992 . 2 . Received and ordered filed the Building Activity Report for November, 1992 . 3 . Received and ordered filed the Code Enforcement Activity Report for November, 1992 . 5. Approved Public Hearing Date of December 22 , 1992, for the following: a. Annexation 64, General Plan Amendment 92-2 and Zone Change 92-5 - William and Rosalyne Hall. ITEMS PULLED FROM THE CONSENT CALENDAR 4 . Structure Abatement Activitv Re ort for November, 1992 . Councilman Alongi requested information from Community Development Manager Shear regarding the burned out building on Main Street. Mr. Shear indicated that this address was 501 N. Main Street; he further indicated that the owner is looking for a contractor, however, if he had not found one by the end of this week, the City would go in and proceed with abatement. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR NOVEMBER, 1992 . PUBLIC HEARINGS 21. Rancon Pro 'ect - Formation of Community Facilities District 92-1. City Attorney Harper highlighted this item and indicated that the reimbursement agreement is still pending at this time. City Manager Molendyk indicated that he had received a letter from the applicant, which he read as follows: Enclosed herewith is a copy of the election ballot we have been asked to execute and deliver tomorrow for CFD 92-1. It is essential to our development that the property not be encumbered by additional debt unless that debt is offset by a refund of tax increment. This offset was agreed to by the RDA board but is yet to be finalized. We realize that the formation of the CFD is progressing quickly and that it is not possible to have all agreements finalized before the CFD formation. As we have discussed, we are executing the ballot with PAGE THREE - CITY COUNCIL MINUTES - DECEMBER 8, 1992 the understanding that no bonds will be issued, or any debt incurred by CFD 92-1 prior to the execution by all parties of an acceptable Redevelopment Agency tax increment agreement. Sincerely, ROBERT H. S. KIRKPATRICK, PRESIDENT & CEO City Attorney Harper indicated that an additional condition of the reimbursement agreement would be the provision of a movie theater. He also indicated that the maximum bonded indebtedness for this project would be $3 million. Mayor Washburn opened the public hearing for the formation of Community Facilities District 92-1 Lake Elsinore Plaza Public Improvements and inquired whether there were any property owners or registered voters of the district present wishing to file written protests. Hearing no comments, Mayor Washburn opened the public hearing at 7: 14 p.m. requesting those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7: 15 p.m MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 92-83 , 92-84 AND 92-85. RESOLUTION NO. 92-83 A RESOLUTION OF FORMATION OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 92-1 (LAKE ELSINORE PLAZA PUBLIC IMPROVEMENTS) , AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT. RESOLUTION NO. 92-84 A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 92-1 (LAKE ELSINORE PLAZA PUBLIC IMPROVEMENTS ) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT. RESOLUTION NO. 92-85 A RESOLUTION CALLING SPECIAL ELECTION. The City Clerk opened the one ballot and reported that it was in support of the formation of Community Facilities District 92-1. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-86. RESOLUTION NO. 92-86 A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN. MOVED BY ALONGI, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 947 : PAGE FOUR - CITY COUNCIL MINUTES - DECEMBER 8, 1992 ORDINANCE NO. 947 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE LEVYING SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 92-1 (LAKE ELSINORE PLAZA PUBLIC IMPROVEMENTS) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 92-87 . RESOLUTION NO. 92-87 A RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF LAKE ELSINORE FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 92-1 (LAKE ELSINORE PLAZA PUBLIC IMPROVEMENTS) , APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT, AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS. 22 . Proposed Water Efficient Landscape Ordinance No. 948 . City Manager Molendyk summarized this item. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 948 . Mayor Washburn inquired what difficulties this might pose for small projects. Roger Kubota, Landscape Architect, indicated that he did not foresee any problems, because it carries a very liberal interpretation. He further indicated that it is based on an evaporation formula and determines how much water will be needed for that piece of land. He also indicated that it could be calculated to fit nearly any type of landscaping. ORDINANCE NO. 948 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A WATER EFFICIENT LANDSCAPE ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i PAGE FIVE - CITY COUNCIL MINUTES - DECEMBER 8, 1992 I I 23 . Revised Tentative Financial Parcel Map No 2729„1 - Lang, Beach E uities. A request to consider approval , of a subdivision of 500 acres into 3 parcels for conveyance purposes located north of I-15, on both sides of Lake Street. City Manager Molendyk highlighted this request. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 :25 p.m. , asking those persons interested in this item to speak. Jon Friedman. representing Long Beach Equities, explained that this map was considered nearly the a year earlier and detailed the location. He indicated that they would request the ability to have a well for mining operations, and requested a Condition #5 be added as follows: City of Lake Elsinore shall allow an on-site well, location to be subject to City approval, for the purpose of dust control and any other non-potable uses related to any legally permitted mining activities. Mayor Washburn closed the public hearing at 7:26 p.m. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO APPROVE THE REVISED TENTATIVE FINANCIAL PARCEL MAP NO. 27291, BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS STATED BELOW WITH THE INCLUSION OF CONDITION NO. 5 REQUESTED ABOVE. Mayor Pro Tem Dominguez requested clarification of the impact of the ability to have a well, on the dedication of underground water rights to the City. City Attorney Harper clarified. Councilman Alongi further questioned the dedication of water rights and if Condition #5 would be considered giving away City property. City Attorney Harper clarified that this would be a license for use rather than a give away. He further clarified that this was consistent with previous practices of the City. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. FINDINGS 1. Conditions of Approval have been prepared to address identified conditions under which the project is currently. being considered. These conditions provide a safeguard to insure that the project is keeping with current City goals and policies. 2 . This project, as approved, complies with the Goals and Objectives of the General Plan and the Alberhill Ranch Specific Plan. 3 . The site, subject to the attached conditions, is suitable for this type of development. PAGE SIX - CITY COUNCIL MINUTES - DECEMBE R 8 1992 CONDITIONS OF APPROVAL 1. The approval of this Tentative Parcel Map 27291 is for financing and sale purposes only. No building permit or grading permits or any other building or construction activity is authorized pursuant to this Tentative Financial Parcel Map 27291. Property within Tentative Parcel Map shall apply for approval pursuant to the normal City of Lake Elsinore procedures prior to any building or grading activity on the subject site. 2 . Dedicate underground water rights to the City of Lake Elsinore (Municipal Code 16.52 . 030) . 3 . Execute an agreement to annex to the City's Lighting and Landscaping Assessment District. 4. Applicant shall provide appropriate bond for monumentation. Unless sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map. 5. City of Lake Elsinore shall allow an on-site well, location to be subject to City approval, for the purpose of dust control and any other non-potable uses related to any legally permitted mining activities. BUSINESS ITEMS 31. Warrant List - November 30 1992 . MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 32 . Street Faire/Ordinance. City Manager Molendyk explained this request, and indicated that he feels the recommendations presented will be fair and equitable to all. He further indicated that the faires are anticipated to begin early in 1993 . Rick Zwiefel, Antique Emporium, indicated he has read the proposal and feels it is fair for. implementation of a program. He further indicated that he has sold at numerous events of this type and has much experience with them. Mayor Washburn commented that Mr. Zwiefel would be included in the review process. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE RECOMMENDED CHANGES FOR STREET FAIRE EVENTS AND DIRECT STAFF TO MAKE THE NECESSARY CHANGES TO THE CITY'S EXISTING ORDINANCE/RESOLUTION, AND RETURN IT TO THE CITY COUNCIL FOR ACTION AS SOON AS POSSIBLE. Councilman Alongi questioned how applications for participation would be handled. Mr. Zwiefel indicated that he would be handling the reservations and designating sales booths and will maintain a file of vendor addresses. Councilman Alongi questioned the maximum possible number of faires this approval would grant. Community Services Director Watenpaugh indicated that they would be spaced out depending on the amount of participation and available space in the two PAGE SEVEN - CITY COUNCIL MINUTES - DECEMBER 8, 1992 block area. Mr. Watenpaugh further indicated that he would work with the applicant and the Fire Department to lay out the maximum number of spaces. Councilman Alongi questioned the opportunity for food vendors to participate and the licensing requirements they will need to meet. Mr. Watenpaugh indicated that they would need to meet health requirements and work with the existing vendor and businesses on Main Street. Councilman Alongi inquired whether there would be vendors, other than antique vendors; particularly noting hot dog vendors. Mr. Zwiefel clarified the types of vendors and advised that there would a potential for seven food vendors at maximum capacity. He stressed that they would require a variety of food vendors to keep from causing problems for the existing vendors. He also indicated that from his experience with this type of event, the restaurants would still be full. Mayor Pro Tem Dominguez questioned the ability of community organizations such as schools and churches to participate. Mr. Zwiefel indicated that anyone wanting to sell antiques, collectibles or crafts would be welcome. He stressed that advertisement would be in local papers and trade magazines and this would draw a focused clientele. Mayor Washburn questioned the cost for space rental. Mr. Zwiefel indicated that it would be $40 per space, like other similar events, however, the spaces would be substantially larger. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33 . Ordinance Prohibiting Pit Bulls. Councilman Alongi advised that he had requested that this item be on the agenda because of recent cases involving pit bulls. He requested that the Council consider investigation of an ordinance to prohibit or control these dogs and regulate their handling. He stressed the problems the community has had with these animals. He further stressed the aggressive nature instilled in pit bulls. Mayor Pro Tem Dominguez requested input from L.E.A.F. on this type of ordinance as well as from pit bull owners. He indicated that he doesn't feel all of these animals are dangerous, it depends on their training. Councilwoman Cherveny questioned the types of restrictions that can be placed. She suggested that the pit bull owners contact Mr. Dominguez. City Attorney Harper indicated that the State Food and Agriculture Code prohibits the prohibition of a particular breed of dog within City limits. He stressed the difficulty with enforcement and the definition of what constitutes a "pit bull" . Councilman Alongi stressed the unpredictability of these dogs and the problems with unresponsive owners and handlers of these dogs. He further stressed the need to place controls on these animals. Ih PAGE EIGHT - CITY COUNCIL MINUTES - DECEMBER 81 1992 Mayor Washburn indicated that L.E.A.F. brings problem cases to the City Council for disposition and he has received a letter from L.E.A.F indicateg that they would not recommend such an ordinance. He further indicated that he would like L.E.A.F. to review the existing ordinance and make recommendations. Councilman Alongi commented that while L.E.A.F. deals with animals on a day to day basis, they have a protective approach to handling animals. He stressed the responsibility of the Council to make the community safe for the residents. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO WORK WITH L. E.A.F. AND SUGGEST PROVISIONS TO INSURE PUBLIC SAFETY. 34 . Rent Control Request. Councilman Alongi indicated that he has mentioned this item previously and clarified that he would also like to protect the owners and buyers of mobile home parks. He stressed the need to assure that rents are reasonable. Rosela Kuehl, 300 Ellis, stressed that the residents of Briarwood Mobile Home park are mostly elderly residents on fixed incomes, so any rent increase is detrimental. She suggested that Council hold a Study Session to review rents in their park. Marge Rieder, read the letter from Briarwood Mobile Home park presented with the agenda item as follows: Following is a proposal that the Lake Elsinore City Council adopt some measure of rent review for Mobile Home Parks in the City of Lake Elsinore. The new owner of Briarwood is raising rents indiscriminately and in some cases exorbitantly. We feel a yearly review of rents by the City would certainly alleviate present suffering and forestall future hardships. After Mr. Corda acquired Briarwood his park manager vehemently insisted we sign a new, long term lease. Many of us balked at signing because we feel by signing we illegally forfeit all our civil rights. Some park residents received notices signed by Corda assuring that there would be no discrimination against those who choose to remain on a month-to-month basis. Document C is a computation of a few of the tenants rent raise notices, received this month. Obviously the non- signers are being vigorously punished. Last year some of these people were raised $50. 00 per month. When Mr. Corda first took possession of Briarwood he announced at a meeting of the residents that he planned to rapidly raise rent levels in Briarwood up to the level of other parks in town. This is neither reasonable or realistic as Briarwood is located in the most crime- infested section of the city and has neither a swimming PAGE NINE - CITY COUNCIL MINUTES - DECEMBER 8, 1992 Pool, jazzuzi pool, recreation hall or any amenities offered by other mobile home parks. The only thing available to us is a laundry room and one of Corda's first moves was to raise the price of the washers and driers so high that some cannot afford even to keep clean. Many of the park residents are elderly, infirm people who have nothing but social security income. The rent raises inflicted last year and this, in some cases $90. 00 per month will make the difference to a lot of these people whether or not they can eat normally or will be reduced to subsisting on canned cat food. In addition to decimating our pocket books Corda is rendering our coaches virtually unsalable as no one wants to buy into a park with such an unstable rent structure. We would appreciate it if any measures you might decide to take were made retroactive. The city attorney's packet contains guidelines for drafting rent control laws and copies of rent control ordinances from the cities of Escondito, Gilroy, Pacifica, Salinas, San Marcos and Laguna Beach. Respectfully, Florence Huffman, Jim Erickson, Pres. , G. S.M.O.L. V.Pres. , G.S.M.O.L. Ms. Rieder commented that this is one of the few requests before the City Council that does not require any money to provide the assistance. Lila Cardoza, echoed Ms. Rieder's statements in Spanish. Councilman Alongi commented that mobile home park living is a different type of lifestyle which affords its residents a level of security. He further commented that this is a form of affordable housing, however, he would not want to tie the hands of the park owners. He suggested that Council take action to prohibit exorbitant rent increases; and expressed the difficulty in moving a coach from one park to another. Mayor Washburn indicated that he and former Councilman Starkey had addressed this matter with the residents of Briarwood and at that time legislation was pending and they were waiting for the outcome. City Attorney Harper indicated that there are State statutes relating to how properties are rented, but regarding how much may be charged. He further indicated that there are a broad spectrum of option in dealing with rent control and its monitoring and suggested a study session to consider the many considerations. Mayor Pro Tem Dominguez addressed the other parks in the City and inquired how they would be impacted by rent control. He also questioned the ordinances in other cities as well as state law. PAGE TEN - CITY COUNCIL MINUTES - DECEMBER 8, 1992 Councilman Winkler commented on previous discussions in this regard and clarified his opinion that mobile homes parks and apartments vary in this area. He stressed the capital investment in a mobile home and the protection that should be provided. He suggested that both sides of this issue be advised of the upcoming Study Session. He expressed interest in knowing how programs in other cities have worked and the staff costs and problems in monitoring and enforcing such a program. MOVED BY CHERVENY, SECONDED BY WINKLER TO SCHEDULE THIS ITEM FOR A STUDY SESSION ON JANUARY 19TH AT 3 P.M. TO CONSIDER THE ALTERNATIVES. Councilman Alongi suggested that additional items be scheduled for this date as there are a list of pending topics. City Attorney Harper indicated that with the inclusion of associations from both sides this may be a lengthy topic and may even need additional sessions to fully consider it. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. Resolution Initiating a Special Municipal Election. City Clerk Kasad summarized this item explaining that the necessary signatures had been collected and verified for the calling of a Special Election to determine whether Mayor Gary Washburn should be recalled. She further explained that funds had not been allocated in this year's budget for an election and thus would require the allocation of $26, 043 for this election. It was recommended that the Council adopt the resolution presented, allocate the necessary funds and choose an election date. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT RESOLUTION NO. 92-88, ALLOCATE THE NECESSARY $26, 043 AND DESIGNATE MARCH 30, 1993 , AS THE DATE FOR SPECIAL MUNICIPAL ELECTION. RESOLUTION NO. 92-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL RECALL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 30, 1993 . Joy Porthunder commented that her wish would be for no recall. She supported Mayor Washburn completely and suggested that the City Council work out their differences and work together. Tom Hundshamer, President, Chamber of Commerce, commented on the negative impacts of this item and while he did not mean to endorse a candidate he commented on the positive contributions of Mayor Washburn. He stressed the new level of cooperation between the Chamber and the City due to Mr. Washburn's efforts. He furthhars stressed that Mayor Washburn been business-likebjective, professional, willing to listen, accessible, supportive of the Chamer and flexible indicating that these were good qualifications for a Councilmember. He also stressed his deep concern for the community and his feeling that a successful recall would be a loss to the community. PAGE ELEVEN - CITY COUNCIL MINUTES - DECEMBER 81 1992 36 . Re guest to Waive Processing fee for Activity Permit at 31885 Mission Trail For Kids Sake Inc. of Lake Elsinore) . City Manager Molendyk explained this request. Councilman Alongi indicated that this organization is one of very few that does not accept any government funding. He explained that this fee relates to the organizations effort to provide a Santa for photographs and to hand out toys to needy children. MOVED BY ALONGI, SECONDED BY CHERVENY THAT THIS ITEM BE REMOVED FROM THE AGENDA AND THE APPLICATION REQUIREMENTS- BE WAIVED. Councilman Winkler questioned the motion and indicated if this item was removed from the agenda the fee would remain. Councilman Alongi clarified that this motion would allow for the application to be withdrawn. City Attorney Harper clarified further that. the intent would be if the application is withdrawn, then no application fee would be charged. Mayor Washburn clarified that this organization has received government funding through the United Way. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 37. Extension of Time for Tentative Tract Map No 25242 , Jack Finkelstein. City Manager Molendyk detailed this item. MOVED BY CHERVENY, SECONDED BY WASHBURN TO GRANT A THREE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 25242, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Washburn indicated that he would concur that it would be quite a while before this development could proceed. Jack Finkelstein, applicant, indicated that nothing can be done on this site at present because of financial and other constraints. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. FINDINGS 1. Substantial progress and resources toward the development of this Tentative Tract Map has taken place. 2 . The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. CONDITIONS OF APPROVAL - PLANNING DIVISION 1. Tentative Tract Map will expire three (3) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. PAGE TWELVE - CITY COUNCIL MINUTES - DECEMBER 8, 1992 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map. Act an shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. The City's Noise Ordinance must be met during all site preparation activity. 5. Street names within the subdivision shall be approved by the Planning Division. 6. All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 7 . Pay all applicable fees in force at time of issuance of building permits. 8 . Prior to final approval of Tract Map 25242 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 9. Prior to final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning Ordinance. 10. Final Map shall reflect plotting as approved on plans date stamped August 17 , 1990. 11. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 12 . All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 13 . The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 14 . Meet all requirements of Southern California Edison Company. 15. Meet all requirements of Southern California Gas Company. 16. Meet all requirements of General Telephone. 17 . Trailers or mobile homes utilized during construction phase of this project shall be subject to approval of the Community Development Director. 18. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract Map. PAGE THIRTEEN - CITY COUNCIL MINUTES - DECEMBER 8, 1992 19 . Subdivider shall record CC & R's for the project prohibiting � on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front year disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC &R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developer in the future. 20. A six (6) foot decorative masonry wall shall be constructed along the Pierce Street frontage. Precise design, materials, color and location to be determined through he Minor Design Review process. 21. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must- meet the City's Grading ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded 22 . All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the first parcel, in accordance with Section 17 .82 of the Municipal Code prior to building permit approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 23 . Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 24 . Finished slopes shall not exceed 2 : 1. 25. Conceptual and Final Landscape and Irrigation Plans for all project slope areas shall be approved ' by the Community Development Director and City Landscape Consultant prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. Riverside County Fire Department 26. Schedule "Al' fire protection approved standard fire hydrants, (6"x4"x2-1/211) located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. 27 . Applicant/developer shall furnish one copy of the water system plans to the fire department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block and shall conform to hydrant type, PAGE FOURTEEN -- CITY COUNCIL MINUTES - DECEMBER 8, 1992 location, spacing and minimum fire flow. P g Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 28 . The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 29 . All building shall be constructed with fire retardant roofing material as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "B" rating and shall be approved by the Fire Department prior to installation. (clarification to be provided based upon new Uniform Fire Code, 1988 Edition) . Elsinore Valley Municipal Water District 30. Pay water connection fee per Resolution No. 971. 5 prior to Certificate of Occupancy issuance. 31. Pay sewer connection fee per Resolution No. 971. 5 prior to Certificate of Occupancy issuance. 32 . Submit hydraulic analysis for sewer line and facilities sizing. 33 . Submit hydraulic analysis for water line and facilities sizing. . 34 . Design and construct waterline along entire project frontage to E.V.M.W.D. standards. 35. Design and construct sewer line along entire project frontage to E.V.M.W.D. standards. 36. All facilities must be designed and constructed at owners/developers expense (or other satisfactory financial arrangement made } and to the District's standards and Specifications. 37 . This project is in the 1601 pressure zone with a maximum serviceable pad elevation of 1481 M.S.L. 38 . Presently there is no water or sewer available for this project. 39. Submit a Focused Water and Sewer Master Plan with Regionally sized lines for this project. Engineering Department 40. All Public Works requirements shall be complied with as a condition of development as specified int the Lake Elsinore Municipal Code prior to final map approval. 41. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . 42 . Pay all Capital Improvement and Plan Check fees (Municipal Code , Title 16, Chapter 16. 34, Resolution 85-26) . 1 i i i I PAGE FIFTEEN - CITY COUNCIL MINUTES - DECEMBER 81 1992 43 . Submit a "Will Serve" letter to the City Engineering Department for the applicable water agency stating that water and sewer arrangements have been made for this, project. Submit this letter prior to final map approval. 44 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16. 34) . 45. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12 . 08 and Resolution 83-78) 46 . Applicant shall obtain all necessary off-site easement for off- site grading from the adjacent property owners prior to final map approval. 47 . Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. I 48 . Provide fire protection facilities as required in writing by Riverside County Fire. 49. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 50. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 51. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 52 . Contribute $100. 00 towards the City's Master Entryway Sign Program. 53 . Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 54 . Developer shall contribute $3 , 000. 00 towards the design and construction of a traffic signal at the intersection of Collier and Nichols. This development will increase traffic at the intersection at least 2% and should contribute 2% towards construction. 55 . Provide Soils, Geology and seismic reports including Street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 56. Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance of conveyed to a drainage easement. 57 . All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of the Certificate of Occupancy. If at time of Certificate of 1 PAGE SIXTEEN CITY COUNCIL MINUTES - DECEMBER 8, 1992 Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1, 000. 00 per sheet for future digitizing. 58. No residential lot shall front or have access to Pierce Street. 59. All local streets shall have sixty (60) feet right-of-way and forty (40) feet curb-to-curb. 60. Developer shall provide a traffic study prepared by a Traffic Engineer to determine the traffic volume and the necess ary Y roadway width for Pierce Street. 61. Developer to provide sufficient right-of-way along tract boundary for Pierce Street and acquire necessary right-of-way along southeast side of Pierce Street from tract boundary to Collier Avenue. 62 . Developer shall design Pierce Street from Gray Avenue to Collier Avenue. Developer shall improve Pierce Street along tract boundary to 1/2 street width to provide for parking and two (2) travel lands (30 feet) minimum. Applicant to coordinate with Riverside County for improvements north of Pierce Street center line. Developer shall also improve Pierce Street for two (2) paved travel lanes (25 ' feet) from northeast tract boundary to Collier Avenue. City will assist developer in establishing a benefit reimbursement district for off-site improvements. 63 . Applicant to work with Alberhill Ranch Development in designing Pierce Street with the connection to Nichols Road. 64 . Developer shall revise drainage plan to meet the following criteria. Applicant shall cooperate with Alberhill Ranch Development and design a storm drain system to connect on-site storm drain system to the Alberhill Ranch storm drain system. City will assist developer in establishing a benefit - reimbursement district for off-site improvements. 65 . With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 66. Developer shall provide No parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 67 . Developer shall install blue reflective pavement markers in street at all fire hydrant locations. 68 . Developer shall be subject to all Master Planned Drainage Fees and will receive credit for all Master Planned drainage facilities construction. 69 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a civil engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. i PAGE SEVENTEEN - CITY COUNCIL MINUTES - DECEMBER 8, 1992 70. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control for Natural Pollutants Discharge System Permit prior issuance of grading permit. 38 . LEMA Dues/Contribution - 1993 . City Manager Molendyk explained this item and the City's membership in the Lake Elsinore Management Authority. He clarified that the previous.year there was an overage in their funding, however, this year due to the recently approved aeration system project the need would be for an allocation of $17, 000 from the City and $17, 000 form the Redevelopment Agency. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE 1993 LEMA BUDGET AND THE ALLOCATION OF THE MEMBER AGENCY CONTRIBUTION OF $17, 000. 39 . Resolution for ,Park Usage, and Fee Structure. City Manager Molendyk gave an overview of park usage and explained that with the growth the demand for parks grows. He further explained that this resolution addresses priority usage of City owned facilities for its residents. Mr. Molendyk stated that Public Services Director Watenpaugh was available to answer any further questions from Council. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND TO ADOPT RESOLUTION NO. 92-89 AND DIRECT STAFF TO PREPARE A REPORT FOR THE DECEMBER 22 , 1992 CITY COUNCIL MEETING ESTABLISHING PRIORITY USAGE POLICIES AS WELL AS RESIDENT/NON-RESIDENT FEES ON A PER PROGRAM BASIS. Councilman Winkler explained that in the resolution it states "the City wishes to assist non-city residents to provide recreation for all residents in the surrounding communities, but not to the detriment of City residents who pay for City fields/parks and their maintenance, and who are providing plans for future parks. " He further explained that even with the resolution it does not ban non-residents from using the City facilities, it just states that the City residents come first. Mr. Winkler pointed out that with the new baseball complex that is being built it should help with the Little League, but the City residents are paying for the facilities and should get the priority treatment. He further stressed the point that this is not to exclude the people who do not live in the. City, but rather to give priority to City residents. Kevin Jeffries commented that he feels this is discrimination against the non-residents of the City. He further pointed out that the County residents contribute to the local sales tax which helps to support this City and there are no City leagues at this time, therefore this resolution could promote discrimination. Councilwoman Cherveny explained her concern in regard to discrimination against children with this resolution. She further pointed out the Joint Powers Agreements with the schools and pointed out some of the potential problems which could occur. i PAGE EIGHTEEN - CITY COUNCIL MINUTES - DECEMBER 8, 1992 Councilman Winkler explained that he has been in touch with the officials of the Little Leagues and it will be asked that if this resolution passes that the boundaries be redone to make all of the City within one or two boundaries. He further explained that the residents of the City should be given preference, not to exclude others, but to give the City children first chance because as the area grows there will not be enough parks to facilitate all the people. Mr. Winkler explained that if kids were not going to be able to play, which kids would it be, that is the issue he is addressing. He further stated that it is time for the County residents to let their needs be known to Ortega Trails because the developers can only provide for the residents within their area and should not be expected to be concerned with residents outside the City Limits. Mr. Winkler stated that the residents that live outside of the City will not always be able to be accommodated by the facilities within the City. Councilman Alongi explained that he knows that Mr. Wi.nkler's intentions are to not deny any child from using the facilities. He further explained that there are people who live in the County and also own property in the City and pay their fair share of the Lighting and Landscaping District fees and he feels that the leagues should work that out themselves and split their districts as they feel they should be because the children go to the same schools and some live in the County and some in the City. Mr. Alongi stated that he is not a sports person, but he does recognize the need for those activities for the children. He further stated that he does not want to see the City isolate themselves and encouraged the City to share its facilities. Councilman Dominguez explained that it does not matter what organization is involved, the Council should address the issues to the best interest of the City. Mayor Washburn asked Community Services Director Watenpaugh how many children from City and County areas the City currently serves. Mr. Watenpaugh stated that in Girls Softball there were 65% non-residents and in Little League it is about 44% to 45% non-residents. He further explained that in the other activities he does not have exact numbers. Mr. Watenpaugh explained that the resolution does not address the adult teams, however, when they ate using the fields it takes fields away from the youth activities. Councilwoman Cherveny asked Community services Director Watenpaugh how the fields were assigned to the different groups. Mr. Watenpaugh explained that once a month there is a user group meeting and at that time user groups present the estimated number of teams they will have and the number of fields they will need, then the Department proceeds with scheduling and assignment of fields. Mrs. Cherveny asked at whos discretion the fields aare assigned. Mr. Watenpaugh explained that which leagues play where and when is up to the leagues, the facilities available are from the City. If there are not enough then the leagues need to make alternate arrangements by getting fields from another source or eliminate teams. City Manager Molendyk explained that in a high growth community eventually the needs will exceed the resources and PAGE NINETEEN - CITY COUNCIL MINUTES - DECEMBER 81 1992 the resolution presented is in an attempt to address that situation. He further explained that it is not just for games, but also for practice. Mr. Molendyk explained that he viewed this resolution as a vehicle to put people on notice and work closer together because of the growth that is occurring and the limited facilities. Councilman Winkler explained that right now there are two girls softball leagues and six adult softball leagues fighting for the use of the fields and there are not enough fields available and it is getting harder every year to accommodate everyone. He further explained that it is time for the other agencies to take responsibility for their resident's needs. Mr. Winkler stated that if the other agencies do not address their own problems, then the City residents should not be made to pay for that. Community Services Director Watenpaugh explained that one of the problems caused by limited facilities is when one of the users comes to the City and their rules have changed from two games a week to three games a week as a State policy; this presents a major scheduling problem and there are any number of issues that come up and it makes it difficult to schedule all the necessary games when there are a limited number of facilities. Councilman Alongi explained that he is not concerned with the requirements of the different organizations, his concern is that the children do not get a chance to play. He further stated that if the City cannot accommodate all the teams that want to play, the County Adults should take care of themselves and should pay for the use of the facilities, but a line should be drawn and the children should not be involved in paying for the use of the parks. Councilwoman Cherveny stated that if there was preference shown it should be to the youth teams over adult teams, even if the City does not charge fees the leagues do and it is an expense. City Manager Molendyk explained that the leagues charters state that if a child signs up the child plays, and if there are 20 teams this year and 10 fields, we can just barely maintain, but if next year there are 30 teams then the City could not accommodate. He further explained that this is not a unique problem for any growing area and the adult players are taxpayers and this situation will discriminate against them. Mr. Molendyk explained the whole idea is to work with surrounding agencies to address these limitations. Councilman Winkler explained that he didn't mind adding a sentence to the resolution to confirm a policy by Council to favor youth organizations. He further explained that someone has to loose out and he questioned if it should be the City youth or the County youth. Mr. Winkler explained that it is how many fields are available for use verses the number of people who request the use of them and who should, get the preference. Councilman Alongi suggested that a time limit for practice should be enforced and he emphasized that the children have PAGE TWENTY - CITY COUNCIL MINUTES - DECEMBER 8, 1992 priority for the use of the fields. He further stated that it is of utmost importance that the children have the opportunity to play and that the children themselves don't care if they are located in the County or the City since they all go to school together. Councilman Winkler explained that there are a variety of ways to balance the City within the leagues. He further stated that if none of the solutions worked then the City would have to form its own youth organization like Valley Wide does. Mr. Winkler questioned the loyalty that Council owes the City residents and that the league should change district boundaries to accommodate the City residents. Councilman Alongi stated that then there would discrimination. Councilman Winkler explained that if we didn't have enough fields to accommodate everyone, it would be in favor of the City residents. He further explained that even if Little League changed the boundaries it would be several years before it would be totally City residents, as the league allows non- City residents to continue to play on a team if they have already been on it. This program would start with City residents at the T-Ball level and work up, it is not a mandate to have City residents only, but rather to give them priority should facilities be overextended. Mr. Winkler explained that scheduling fields was a problem last year, this year is going to be worse and by 1994, if nothing is done and the adults don't play, it will become a very bad situation; excluding adults will not answer the problems. Community Services Director Watenpaugh explained that this is the first year that City staff will not be able to meet all the expectations because of the growth and there is currently duplication on every available field almost every day of the week. THE MOTION WAS AMENDED TO INCLUDE "CITY COUNCIL WILL CONTINUE TO GIVE PRIORITY TO YOUTH ORGANIZATIONS", WITH CONCURRENCE OF THE SECOND. Councilman Alongi explained that in the third paragraph of the resolution it states only City residents and he felt that it should be struck. He further explained that he felt that the City should assist all youth players. Kevin Jeffries again questioned council's policy in regard to the County residents who also own property in the City and pay the Lighting and Landscaping fees and stated that they should not be excluded as they help support the parks. Councilman Winkler explained that if someone can provide proof that they are sharing in the cost of maintaining the fields and lighting costs then there is no problem. He further explained that the County residents should address their concerns and needs to Ortega Trails Recreation and Park District who is responsible for developing and providing and maintaining recreational facilities, such as ball fields for surrounding County residents. Councilwoman Cherveny explained that she was opposed to this resolution because she felt that the City was responsible for PAGE TWENTY-ONE - CITY COUNCIL MINUTES - DECEMBER 8, 1992 extending the hand of friendship and she feels that the children will have to pay for the adults inability to provide. Councilman Alongi explained the he would not oppose the resolution, and will wait to see what happens when the first team is turned down because of County residents. Mayor Washburn explained that it is a clear cut situation and he does not want . to see the youth pitted against the City Council. He further explained that the City Council represents the City residents and not the County residents and fairness to the City residents is the issue. Mr. Washburn explained that the County residents are not being excluded from the use of the facilities which their taxes are paying for. He further explained that Ortega Trails must take the responsibility and address this issue for their areas. THE FOREGOING MOTION AS AMENDED CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE. RESOLUTION NO. 92-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR PARK USAGE AND FEE STRUCTURE. 40. Amber Ridge Sewer Study. City Manager Molendyk highlighted considerations of this study to date and suggested that it be scheduled as a topic for the December 15, 1992, Workshop with the Elsinore Valley Municipal Water District Board, and continued to December 22nd for consideration. MOVED BY ALONGI, SECONDED BY WINKLER TO CONTINUE THIS ITEM TO DECEMBER 22 , 1992 . Mayor Pro Tem Dominguez indicated that he would still like input from the Water District Committee appointed to investigate. Mayor Washburn advised that the Committee did not have input at this time and would be better prepared at the Study Session. Councilman Winkler questioned the time for the Study Session on December 15th. Staff advised that it would be scheduled for 5: 00 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 41. Eastlake Memorandums of Understanding. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONCUR WITH THE ACTION OF THE REDEVELOPMENT AGENCY BOARD ON THIS ITEM. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Herlinda Alberti, 33120 Stoneman, expressed concern that she is an outsider since she is a County resident. She provided an update on the progress of Operation S.O.K. to date, and indicated that they i PAGE TWENTY-TWO - CITY COUNCIL MINUTES - DECEMBER 8, 1992 have obtained office space for the organization. She requested any possible assistance from the City Council and residents of the Community and detailed the supplies they are in need of such as lumber, paint, nails, windows, etc. She further indicated that the necessary tax exempt number has now been obtained for this organization. She provided the phone numbers for Operation S.O.K. being 678-4928 or 678-1050. April Newton Junior Director of operation p p ration S.O.K. , read a poem regarding her dream for S.O.K. and the Community. Ace Vallejos, 15111 Windover Court, expressed his disappointment with the City Council's decision at the previous Council meeting to deny the increased height for the block wall around his tract at Grand Avenue/Machado Street. He suggested that the developers receive better treatment that the residents of the Community; and indicated that the Council should improve the quality of life for the existing residents. CITY MANAGER COMMENTS City Manager Molendyk reminded the City Council of the Workshop with the Water District on December 15th at 5: 00 p.m. City Manager Molendyk also reminded the City Council and the Community of the scheduled free disposal and household hazardous waste program. Public Services Director Tecca provided further details regarding the City-wide Clean up and Household Hazardous Waste program scheduled for December 12 , 1992 . Councilman Alongi inquired whether there had been arrangements made for pick-up of the hazardous waste items. Mr. Tecca advised that no arrangements had been made, however, possibly it could be handled by City employees. City Manager Molendyk questioned the liability of City employees handling this and suggested that it be worked out with CR & R. ' Councilman Alongi stressed the need to assist the residents and questioned the use of the City yard. CITY COUNCIL COMMENTS Mayor Pro Tem Dominguez commented on the following: 1) The burned out building on Main Street. He stressed the need to facilitate clean-up. City Attorney Harper indicated that it is being handled as quickly as possible within the legal requirements. Mr. Dominguez further stressed the hazardous nature of this situation and encouraged staff to proceed quickly. Councilwoman Cherveny commented on the following: 1) Request for supplies from Operation S.O.K. She detailed the items they are in need of and gave the phone numbers for contact. 2) Briarwood Mobile Home Park residents; understands the situation and is hopeful that action can occur. 3) Encouraged County residents concerned with resident/non- resident item to call Councilman Winkler. Councilman Winkler commented on the following: 1) Has already spoken with a number of County residents who have PAGE TWENTY-THREE - CITY COUNCIL MINUTES - DECEMBER 8, 1992 encouraged him to address the resident/non-resident issue, so they have grounds to pressure Ortega Trails to proceed with park development. Councilman Alongi commented on the following: 1) Apologized for the cancellation of the Winter Wonderland festivities on Friday, December 4th due to weather. 2) The Christmas Parade was great, with a number of good bands. 3) Santa Claus will be at the corner of Main/Graham from 11 a.m. to 1 p.m. on Saturdays for photographs and candy. 4) Burned buildings, concurred that they should be removed quickly to eliminate hazards. 5) Pit Bull Ordinance, doesn't like to restrict animals, but this breed has been a nation-wide hazard to neighborhoods. He stressed the aggressive nature and special requirements for owners to control. He compared them to other animals and stressed the responsibility to protect the community against dangerous dogs. Mayor Washburn commented on the following: 1) Disappointment that the tree lighting ceremony could not occur, and commented on the previous success of this event. 2) Calls received regarding Steve's Liquor and the closed Circle K in the County area just outside City Limits. Has contacted Supervisor Abraham's office for assistance and will keep - working to eliminate this eyesore. CLOSED SESSION None. ADJOURNMENT MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCI MEETING AT 9: 37 P.M. k�. k7gdl_� GARY . WASHBURN, MAYOR CIT F LAKE ELSINORE TAEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE f I .t � i i i MINUTES JOINT STUDY SESSION LAKE ELSINORE CITY COUNCIL/ ELSINORE VALLEY MUNICIPAL WATER DISTRICT BOARD 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 15, 1992 CALL TO ORDER The Joint Study Session was called to order by Water District Vice- President Gary Kelley at 5: 00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE PRESENT: BOARDMEMBERS: ATTRIDGE, JEFFRIES, KELLEY, SHAFER, ABSENT: BOARDMEMBERS: BRYANT (President Bryant arrived at 5:10 p.m. City Staff representative also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Engineering Manager O'Donnell, Special Projects Coordinator Basham, City Treasurer Pape and City Clerk Kasad. Water District representatives also present were: General Manager - Laughlin, Assistant General Manager Hoagland, Public Relations Specialist Dennis, Board Secretary Matson, Director of Finance Modrich and Director-Elect Thoman. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. DISCUSSION ITEMS 1. Amber Ridge Sewer Study. E.V.M.W.D. 's written position statement on funding options for this project was distributed to the Board, City Council and Staff members present. The position statement read as follows: E.V.M.W.D. Board of Directors - Position on Amber Ridge Funding. Option No. 1 Homeowners would have to sign up in advance for a) Construction of sewer system or, b) Construction of sewer system and connection fees. District would require 60% participation from designated area evidenced by signed commitments from participants. District will obtain a revolving loan for 100% of the coat to design and install the sewer lines and laterals for the designated area. t F F PAGE TWO - JOINT STUDY SESSION MINUTES - DECEMBER 15, 1992 The precommitted participants will make a monthly payment to the District based on their share of the cost to install the sewer line and laterals. This monthly payment would be in addition to the District's monthly sewer service charge. The precommitted participants will also be allowed to defer the sewer connection fee by signing a lien against their property for that fee, as long as they also sign up for sewer service at the time. Those in the designated area who choose NOT to be original participants, and later decide they want to hook up to sewer will need to pay their share of the costs and fees in full before hooking up. They will not be allowed to make monthly payments of their share of the sewer line and lateral, nor will they be allowed to defer the payment of their sewer connection fee by placing a lien on their property. The RDA/City/County (Second Agency) must underwrite the non-participants' share of the costs. When and if a non- participant decides to hook-up and pays their share of the construction cost plus the connection fee, the second agency will be reimbursed. The Second Agency would also agree to pay the sewer connection fee for any participant that defaults, and agree to pay the monthly payment for sewer line and lateral for any participant that defaults. Option No. 2 The Board desires, as a second option, the formation of either an assessment district or an improvement district. 1. An assessment district, which would cover an area that would include Country Club Heights, Sedco, the Avenues, Upper Lakeland Village, etc. , -- an urbanized cluster within the District that has some failing septic systems. Through nil assessments or by creating sub- areas, only those areas which would benefit from the improvement can be taxed. 2. An improvements district can be formed, with the tax levy from the improvement district appearing on the tax bill. The levy can be used to the extent the taxes are paid as a source of repayment for general obligation bonds, COP's or other kinds of debt instruments. The RDA can spend money outside of an established RDA project area when it makes two findings. A. There are no alternative means of financing that particular public improvement. B. The public improvement to be financed is of primary benefit to the RDA project area -- such as -- completion of this project would deter contamination of the groundwater. F PAGE THREE - JOINT STUDY SESSION MINUTES - DECEMBER 15, 1993 Since our pass-through agreements are not geographically based, they can be implemented on the basis of projects that are outside of the project area. RDA could refinance this kind of improvement if they could make a finding that the homes are occupied by persons or families of low and moderate income homes (something less they $30, 000) . Given the above information, the Board offers as a second option, the formation of an assessment district or an improvement district. Boardmember Kelley indicated that the District's original option was for the District to procure the loan with the understanding that either 100% of the residents or another entity would contribute to the repayment. Boardmember Jeffries indicated that the original option was a moot point because of the 100o participation requirement. Boardmember Shafer commented that she felt the above stated Option #1 is a program the District would be able to offer to any part of the City or the District that had a similar problem, as long as a second agency would act as a co-signer for the residents. Councilman Winkler questioned the City assistance requested and the payback options. Boardmember Jeffries indicated that 60% participation would be required and a second agency to back the repayment. Councilwoman Cherveny inquired whether 60% of the 194 homes would be required to sign up in advance. Boardmember Shafer indicated that the 60% would need to be precommmitted in advance. Boardmember Shafer highlighted option #2 . Councilman Winkler inquired how long it would take to get the loan and what the time frame would be for constructing the required sewer facilities. Assistant General Manager Hoagland responded that it would be approximately 90 to 120 days for construction and 90 to 120 days for processing of the loan, from the date of completion of the application; or a total of approximately six to eight months. Mayor Pro Tem Dominguez commented on a meeting he had attended with the Amber Ridge residents and Councilman Winkler. He indicated that some of those residents have been told they can not hook-up to the main sewer line in Terra Cotta and questioned this information. Councilman Winkler suggested that possibly the developer did not put laterals in on their particular side of the street. Mr. Hoagland confirmed that this was the case and indicated that those residents could hook-up by installing a lateral. Mayor Pro Tem Dominguez added that the residents had indicated PAGE FOUR - JOINT STUDY SESSION MINUTES - DECEMBER 15, 1992 that they would be willing to have a lien placed on their homes to allow them to hook-up. He inquired whether a percentage of the monthly sewer service charges could be allocated to pay a portion of the obligation. Boardmember Kelley indicated that the monthly sewer charge is the actual cost to treat sewage, calculated at 350 gallons per day for the average home. EVMWD Director of Finance Modrich distributed a RDA fund Sheet showing the Project area fund balance through June 30, 1992 . He explained that the District's 1002-93 budget includes capital projects which benefit Redevelopment Project Area II in the amount of $799 , 000; including $150,000 for water line replacements near the Sedco area, $180, 000 for loop line replacement and $469 , 000 for upgrades to sewer lift stations. He indicated that their annual tax allocation for Project Area II is approximately $200, 000. Councilman Winkler suggested that the Redevelopment Agency agree to pay back for the water main and laterals over a 20 year period; and further that if monies are available from the pass-through agreements they be used to offset costs as well. Councilman Alongi commented that for 1992-93 the allocation for Project Area I is $199 , 738 . 00 and for Project Area II is $224 ,781 . 00 . He inquired why the District could not budget $20, 000 from Project Area I and $20,000 from Project Area II to fund the pay-back on the loan; and the City budget for hooking-up the laterals. He further commented that he didn't feel it was fair for the Redevelopment Agency to take on the responsibility for the entire project when both the City and the District need to accept some of the responsibility. Boardmember Attridge indicated that the City is asking for the District to take its RDA funds and pay back the loan which gives the residents of Amber Ridge a free sewer system. Councilman Alongi indicated that the District would be paid back as additional residents hooked-up. Councilman Winkler inquired from a policy standpoint, how the RDA pass-through funds are used. He noted that the District used pass-through money for the Main Street project without requiring reimbursement. Boardmember Jeffries clarified that the Main Street project involved replacement of existing facilities, not the provision of new service to people who have not paid for it. He indicated that his consideration on expenditure of RDA funds is how the District can take a program and apply it to other areas that do not have a Redevelopment Project Area to make the annual payment. He stressed the EVMWD is 130 square miles and needs to provide sewer service for City residents as well as residents in the unincorporated areas and it is difficult to provide these areas different levels of service. Mayor Washburn clarified that the residents in unincorporated areas were offered the opportunity to join the County Redevelopment Agency's Project Area and chose not to. PAGE FIVE - JOINT STUDY SESSION MINUTES - DECEMBER 15, 1992 Councilman Winkler questioned the restrictions on use of RDA pass through funds. Mayor Washburn read a portion of Section 2 .7 of a RDA pass- through agreement between the City and the District. Councilman Winkler indicated that based on this Section of the agreement there would appear to be different policy considerations. Boardmember Shafer stressed that this discussion relates to spending RDA funds outside of an RDA Project Area based on a finding made by the City Attorney. She stressed the need to make this program fair to everyone. Boardmember Shafer indicated that these homeowners had the advantage of a policy the District had previously when there was another tract with the same situation; when a developer came in and offered to put in a sewer line and the District set a policy because it was a health and safety issue. She further indicated that at that time (approximately six years ago) the District would have allowed them to place the connection fee as a lien on their homes without backing from anyone, because it was a critical situation; and the residents of Amber Ridge chose not to accept at that time, but are not willing to request assistance from a public agency. Councilman Alongi indicated that he is opposed to any kind of give away program, suggesting that the residents must pay. He stated that he felt the City and the District had a responsibility for this situation. He suggested that the -- District budget a portion of the pass-through and the City/RDA budget to finance the hook up and pay back. Boardmember Kelley indicated that this problem affects all residents from the Amber Ridge Tract to the Lake and a solution must be found. Councilman Alongi suggested that if the District sees the situation as a danger to the Lake the Water District should be that much more interested in coming up with a financial plan that works for both agencies. Boardmember Kelley clarified his position and the impact of this situation on other areas. Boardmember Attridge inquired what would happen if the District guarantees the loan with RDA pass-through and payment is not received. Councilman Alongi indicated that the District would place liens, just as the City would do if they don't make payments on the loans for hook-ups. Boardmember Shafer indicated that it was on the right track. She inquired whether the 60% minimum participation requirement would be satisfactory. Councilman Winkler indicated that he would agree to 100%, because his motion would be to guarantee it; meaning 100%. i b PAGE SIX - JOINT STUDY SESSION MINUTES - DECEMBER 15, 1993 Boardmember Shafer clarified further that it would require a minimum level of precommitment. Councilman Winkler indicated that while there may be only 25% of the houses ready to be boarded up, there are a lot of people afraid to come forward because the health department might find out. He further indicated that he went out and spoke with the residents, an entire cul-de-sac wanted sewers. He commented that the 75% who aren't having problems and don't foresee a problem are being short sighted and this impacts the ability to form an assessment district. Boardmember Shafer inquired whether Councilman Winkler would be willing to redesign the designated area to include only that cul-de-sac or those areas where the problems are severe. Councilman Alongi indicated that he would have a problem with this redesign. Mayor Washburn suggested that the responsibility lies with the City, the District and the residents and there must be an equitable program. Boardmember Attridge indicated that he would be willing to help, as long as the residents pay back the money. He stressed the difficulty for the District to operate economically if enough residents do not hook-up. He indicated that was a problem in Lakeland Village. Boardmember Kelley noted that if nothing ever happened in Lakeland Village there would have been no progress in the valley or the new facility the District now utilizes. Councilman Alongi stressed that these residents had an opportunity to resolve their problem, but pursued a lawsuits. He indicated that the District is asking the City to take responsibility without any compensation back to the RDA. He indicated to Boardmember Attridge that he should convince his Board to pay their share out of the pass-through. He stressed that the residents are suffering, but it can't be given away especially since they sought legal relief. Boardmember Bryant suggested that direction should be given from both boards to have staff work out a solution; indicating that it might require another joint meeting to resolve. Councilman Winkler indicated that he had enough information to look at the options and propose a solution at the December 22nd City Council Meeting; which if approved, could move the project forward. He further indicated that it would require an annual commitment. Mayor Pro Tem Dominguez questioned the timing. 2 . Eastlake Protect. EVMWD staff distributed a list of topics relating to the Eastlake Project, as follows: 1. Offsite Water & Sewer Facilities 2 . 1240' Lake Elevation r- PAGE SEVEN - JOINT STUDY SESSION MINUTES - DECEMBER 15, 1992 3 . Proposed Topography Modifications 4. Proposed New Water Use Features 5. Communication of Development Plans/Progress 6. Lake Elsinore Management Project Completion Offsite Water Sewer Facilities Boardmember Shafer indicated that the City needs to be made aware of what Eastlake is asking them to commit to in the Memorandum of Understanding, particularly to the payment for water and sewer facilities. City Attorney Harper clarified that this is only the memorandum of understanding and many other documents will clarify this document. General Manager Laughlin commented that the Eastlake Group is working on a rough draft of a M.O.U. with the Water District, however, they have not yet received it. He advised that he would forward a copy to the City Manager as soon as he receives it. City Manager Molendyk indicated that the M.O.U. should be viewed as a wish list for the developer and there are things that will be changed. 1240' Lake Elevation Boardmember Shafer expressed concern with the mention of a 1240' Lake elevation, since this is a matter of water supply, storage, quality of water and water management. City Manager Molendyk indicated that he understood this - concern, however, Eastlake wants to be sure of the elevation. General Manager Laughlin explained that if the Lake is raised to 1240' elevation in January of each year, by summer it would be down to 1235.5' leaving only 5-1/2 feet in the Lake Inlet Channel, where the plan is for at least 10 feet in that channel. Boardmember Attridge commented that if the level goes down to 12351 , the City would be required to pay half the cost to bring it back up to 12401 . Boardmember Shafer stated that she wanted everyone to understand that there will be fluctuations, not an exact constant elevation. Councilman Winkler inquired whether it was possible to stay at 1240' using reclaimed water. Boardmember Attridge responded that the District will only receive reclaimed water in the winter when no one else want it, but it won't be available in the summer. City Manager Molendyk indicated that once the elevation is decided, that is something that will need to be explained to the development community. Mayor Washburn suggested that the elevation could always be modified, but there would need to be some type of a guarantee PAGE EIGHT - JOINT STUDY SESSION MINUTES - DECEMBER 15, 1992 to the development community, even with the possible variables. Proposed Topography Modifications Boardmember Shafer indicated that she understands the design of the project calls for a 1, 000 acre borrow site. She expressed concern in that any 25' excavation without a geological investigation has the possibility of piercing the clay bottom of the Lake. General Manager Laughlin explained the uniqueness of the Lake, in that it has 4 , 000 TDS on its surface and a clay lining below the Lake. He indicated that the deterioration of the lake water quality over the years has not hurt the underground water supply because of the clay layer. City Manager Molendyk indicated that he would pass this concern on to the developer. He further indicated that he was not award of the 25' excavation, however, the City had chosen Black & Veatch for work on this project because they are the District's engineers on the Lake Management Project. Proposed New Water use Features Boardmember Shafer indicated that the water quantity and quality is a concern and any additional water features proposed by Eastlake that require a draw on the resources are a concern. She further indicated that the Lake is a priority over the Eastlake project. She commented that the levee is there to conserve water, reduce surface area and improve water quality by flushing out the Lake. Communication of Development Plans/Progress General Manager Laughlin explained that the District does not have a large amount of communication with Eastlake, however they did make a presentation to the District about three months ago, with one brief meeting since. He expressed concern that the Water District has lived with the project for a long time and could contribute much if their input was sought. Councilman Winkler indicated he would convey that to the developer. General Manager Laughlin commented that perhaps it was felt not necessary for the pre-planning, however the District could have assisted. Mayor Washburn clarified that Mr. Basham attends the District meetings to allow for communication. Mayor Pro Tem Dominguez suggested that a monthly memo or status report be provided. Boardmember Bryant commented that early communication can avoid problems later. City Manager Molendyk indicated that the project will eventually reach the point where there is a full time project manager. PAGE NINE - JOINT STUDY SESSION MINUTES - DECEMBER 15, 1992 Lake Elsinore Management Project Completion Boardmember Shafer expressed concern with getting the Lake Management Project completed and the District wants to do so. She stressed that changes to the project create delays and the City should be sensitive to that. Mayor Washburn commented that the City has been with this project a long time as well and at this point are attempting to do some planning for the next phase. He stressed that the concerns should keep the communication flowing. General Manager Laughlin advised that the construction schedule for the outlet channel now shows that work will begin in June, 1993, and completion will be in the Fall of 1994. City Manager Molendyk indicated that the City and District would most likely need to budget additional funds in advance of this project. Mr. Laughlin advised that the latest information he has received show the bids are coming in low and additional funds may not be necessary. THE STUDY SESSION WAS ADJOURNED 6: 30 P.M. ARY W URN, MAYOR CIT F LAKE ELSINORE A TEST VICK! KASAD, C TY CLERK ClTY OF LAKE; ELSINORE � 1 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 22, 1992 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Deputy City Clerk Bryning. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Special Projects Coordinator Basham, Special Projects Coordinator Wood, City Treasurer Pape and Deputy City Clerk Bryning. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item No. 21 of this agenda. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 2 MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council/Redevelopment Agency Work Session - December 1, 1992 (F: 44 . 3) b. Regular City Council Meeting Minutes - December 8, 1992 . (F:44 . 3) The following Minutes were received and ordered filed: C. Planning Commission Minutes - December 2, 1992 . (F:50. 3) 3 . Received and Filed the Investment Reports for October 31, 1992 and November 30, 1992 . (F: 12 . 5) ;j PAGE TWO - CITY COUNCIL MINUTES - DECEMBER 22 , 19920. 4 . Ratified the Warrant List for December 15, 1992 . (F: 12. 3) 2 . L.E.A. F. Animal Control Activity Report, November, 1992 . (F: 18.2) ---- - _ Councilman Alongi commented that the statistics for turned in animals and euthanized animals has continued to be reduced, and commended and thanked the Community for their efforts. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDERED FILED THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR NOVEMBER, 1992. PUBLIC HEARINGS 21. Annexation No. 64 , General Plan Amendment 92-2 and Zone Change 92-5 (William & Rosal n Hall) . (F:20. 2) (X:83 .2) (X:172.2) City Planner Christen gave an overview of the project and explained that this item was presented to the Planning Commission on December 2, 1992, with the Commission's recommendation to Council being to approve the Mitigated Negative Declaration 92-6; approve Commencement of Proceedings and Concurrent Detachment from the Ortega Trails Recreation and Park District for Annexation 64, and adopt Resolution No. 92-89; approve General Plan Amendment 92-2; and adopt Resolution No. 92-90; approve Zone Change 92-5; and adopt Ordinance No. 949, based upon findings. He further explained that a letter was submitted by Project Dimensions, Inc. regarding the widening of Highway 74 . He suggested that this issue be included in and become a part of the Mitigated Negative Declaration and be monitored in that manner. Mayor Washburn opened the public hearing at 7 : 07 p.m. and asked for those in favor of this project to speak. Kim Quon, Entec Consultants, 1355 East Cooley Drive, Colton, representing the applicant, stated that they concur with the staff and the Planning Commissioners and will answer any questions that arise. He advised that they are aware of the widening of highway 74 and concur with staff's suggestions. Mayor Washburn asked for those in opposition to speak. Hearing no further comment, Mayor Washburn closed the public hearing at 7 : 09 p.m. Councilman Dominguez stated that this project has been in the works for quite a while and he finds no problems with it. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO APPROVE MITIGATED DECLARATION 92-6; APPROVE COMMENCEMENT OF PROCEEDINGS AND CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT FOR ANNEXATION 64, SUBJECT TO THE FOLLOWING FINDINGS, AND ADOPTED RESOLUTION 92-89: RESOLUTION NO. 92-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE AND CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 64 - WILLIAM AND ROSALYNE HALL" . PAGE THREE - CITY COUNCIL MINUTES - DECEMBER 22, 19921. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO APPROVE GENERAL PLAN AMENDMENT 92-2 WITH FINDINGS, AND ADOPT RESOLUTION NO. 92-90; APPROVE ZONE CHANGE 92-5; AND ADOPT ORDINANCE NO. 949, BASED UPON THE FOLLOWING FINDINGS: RESOLUTION NO. 92-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE THIRD CYCLE OF THE CALENDAR YEAR OF 1992. ORDINANCE NO. 949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 87 ACRES LOCATED AT THE NORTHWESTERN CORNER OF CENTRAL AVENUE (STATE HIGHWAY 74) AND INTERSTATE 15 FROM GENERAL COMMERCIAL, FREEWAY BUSINESS, AND BUSINESS PARK (RIVERSIDE COUNTY DESIGNATION) TO C-2 GENERAL COMMERCIAL (ZONE CHANGE 92-5: WILLIAM AND ROSALYNE HALL) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER FINDINGS - ANNEXATION NO. 64 I. The proposed annexation area is entirely within the City's Sphere of Influence. 2 . The proposed annexation area is contiguous to the City of Lake Elsinore. 3 . The project will not result in any significant adverse impacts on the environment. FINDINGS - GENERAL PLAN AMENDMENT 92-2 1. The approval of the requested designations permits development to the highest and best nature within mitigable means to insure maintenance of the general public health safety and welfare. 2. Granting of the requested designations will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 3 . The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access and constraints. 4 . The proposed change will not result in any significant adverse impacts on the environment. FINDINGS - ZONE CHANGE 92-5 1. This project is consistent with the Goals, Policies and Objectives of the General Plan I PAGE FOUR - ,CITY COUNCIL MINUTES - DECEMBER 22, 19923 . 2. This request will bring the zoning for the project area into conformance with the General Plan and the proposed General Plan Amendment. 3 . This zone change establishes the necessary pre-zoning for this site. 4 . This request will not result in any significant adverse impacts on the environment. BUSINESS ITEMS 31. Award of Contract for Asphalt - Rubber Chip Seal and Miscellaneous Street Improvements - IPS Services Inc. (F: 156. 2) City Manager Molendyk explained that this project includes various sites around the City where the street surfaces have been damaged or deteriorated to such an extent that substantial repairs are necessary. He further explained that the low bidder is I.P. S. Services, Inc. with a bid of $132,757 . 50; with the remainder of the budget to be designated for design contracts for other streets that need to be slated for full construction. Mr. Molendyk explained that the programs would be implemented next year, but the remainder of this year would be for design. Public Services Director Tecca explained the areas that would be repaired and resurfaced. Councilwoman Cherveny asked if Matich Street between Lakeshore Drive and Heald Street will be paved as it is dirt at this time. Mr. Tecca explained that it will have an oil surface placed to control the dust. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE BID OF $132 , 757 . 50 AND AWARD THE CONTRACT TO I.P.S. SERVICES, INC. AND AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT ON BEHALF OF THE CITY. 32 . Parking Restrictions on Certain Streets during Street sweeping Activities. Resolution No. 92-91. (F: 112 . 1) City Manager Molendyk explained that this action is being requested to improve the street sweeping activity in the City and coincide with the trash service as requested by Council. He further explained that the commercial area will be swept twice a week and the residential areas once a week. Mr. Molendyk explained that the proposed schedule will be set, signs posted and two weeks after the signs are installed the Sheriff's Department would give the citizens ample warning; and starting February 1, 1993, parking enforcement will be reinstituted with parking citations issued. He further explained that the cost of installing no parking signs is approximately $10, 000. Public Services Director Tecca explained that the entire parking program will be revised to coordinate the street sweeping to follow the trash pick-up, with the downtown area being swept twice a week and signage to reflect the hours. The residential area will be done following the trash pick-up and time and day will be posted. Mr. Tecca further explained the time and areas as found on a map he presented. He presented an exhibit of the sign proposed to be posted regarding street sweeping. Councilwoman Cherveny questioned the street sweeping of the Downtown Area. PAGE FIVE - CITY COUNCIL MINUTES - DECEMBER 22 , 19923. Public Services Director Tecca explained that there is a limited amount of residential that will be done twice a week along with the downtown business area because of their location. City Manager Molendyk explained that parking in the business area might be a problem and a month test should be established. Public Services Director Tecca explained that the street sweeping would be complete before business hours and therefore would not constitute a parking problem. j Councilman Alongi questioned the street sweeping schedule along with the trash pick-up. Mayor Washburn requested that a schedule of the street sweeping and trash pick up be published in the newspapers and the next newsletter from the City and further include when the program will go into effect and what the future fine will be. Public Services Director Tecca explained that there will be notices published in all the papers. Councilwoman Cherveny asked that a notice be placed on all the trash service billings regarding street sweeping. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION NO.92-91 AND APPROVE EXPENDITURE FOR SIGNS. RESOLUTION NO. 92-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PARKING RESTRICTIONS ON CERTAIN STREETS DURING STREET SWEEPING ACTIVITIES. 33 . Amber Ridge Sewer Studv. (F: 134. 10) City Manager Molendyk asked that the Council concur with the Redevelopment Agency action. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONCUR WITH THE REDEVELOPMENT AGENCY ACTION. 34 . Second Reading - Ordinance No. 948 pertaining to Water Efficient Landscape Ordinance. (F:95. 1) MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 948 : ORDINANCE NO. 948 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A WATER EFFICIENT LANDSCAPE ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI , CHERVENY, DOMINGUEZ, WINKLER WASHBURN NOES : COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PAGE SIX - CITY COUNCIL MINUTES - DECEMBER 22 , 1991. Mayor Washburn asked that the record show that the Council had reached the Public Comment Section at 7:32 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Marianna Mohylyn, 306 W. Sumner, addressed the criminal element in the community and encouraged Council to pull together and address this issue. She further commented on the recall and stated her objection to it. Chris Hyland, 15191 Wavecrest Dr. , asked for Mayor Washburn's resignation in order to save the community the cost of election. Ace Vallejos, 15111 Windover Court, asked for the resignation of the Mayor Washburn to save election fees. He further stated that he felt that Council should redirect their goals. Joy Porthunder, Lake Elsinore, commented that she felt that the Mayor was doing a good job and stated her support and asked the Council to work together. Peter Dawson, Lakeland Village, asked for a letter recognizing the riparian rights of the Lake front property owners. Vera McArthur, 15060 Monte Court explained that she Selma Myers and her 80 year old mother will be evicted January 12 , 1993, because they must come up with a balloon payment of $2 , 300. She asked that the community give recognition and aid. The Mayor directed her to talk to the press. Kevin Jeffries, Lakeland Village, addressed the problem of graffiti which is being experienced in Lakeland Village. He further stated that through a Community Development Block Grant Lakeland Village can contract with the City to address the problem. He advised that there will be a meeting at Elsinore Valley Municipal Water District Board Room on January 28, 1993 , at 7: 00 p.m. Vandemeir Sukoff, 32321 Palomar, Wildomar, expressed his displeasure of charging children for use of parks within the City and indicated that the County residents do contribute through benefit of sales tax by shopping within the City. He further stated that the needs of the youth both in the County and City should come first. Mrs. Tolstrup, Woodcrest Tract, explained that she felt that all the youth of the valley should come first. She further explained that her son lives in the City, but plays with children that live in the County. Mrs. Tolstrup advised that she opposes the recall and requested that the apartments she previously lived in should be checked. Mayor Washburn asked that she give the address to Community Development Manager Shear. Pat DesJardins, expressed her displeasure regarding charging the youth for the use of the parks. She further cited that the City residents were not given a voice in the development of the stadium and whether they wanted it or not. Herlinda Alberti, SOK, thanked Council for their support and thanked the several businesses, organizations and citizens within the valley for their help and donations. She further stated that by keeping the kids off the streets this might help with the graffiti problem. Susan Yantorn, 15171 Wavecrest, asked Mayor Washburn for his resignation to save the cost of the recall. Jackson Hilton Jr. , 33102 Lime Street, addressed Council regarding the zoning of some property that he wishes to develop. i r PAGE SEVEN - CITY COUNCIL MINUTES - DECEMBER 22, 1991. CITY MANAGER COMMENTS City Manager Molendyk explained what the Sheriff's Department has accomplished in the last several months and commended them on their efforts. He further explained that a new police car has been purchased as well as bicycles; and a cooperative effort between the Sheriff's Department and Neighborhood Watch is proceeding. CITY COUNCIL COMMENTS Mayor Pro Tem Dominquez commented on the following: 1. The clean-up campaign by CR & R was a success. i 2 . Explained that he did not discuss fee structures for the ball fields. i Councilman Winkler commented on the following: 1. Expressed his interest in involving the City in the Graffiti program with the County area through C.D.B.G. 2. Stated that he was interested in Mr. Sukoff's idea for Master Planning of parks. Councilwoman Cherveny commented on the following: 1. Suggested that Mr. Jeffries get in touch with Bob Busters office after the first of the year for support of the development of a Graffiti program in the County. 2 . Thanked H.O.P.E. volunteers, Hilda Barnhart, Santa, Fire, Police and City employees who worked through the holidays. ! 3 . Addressed Mr. Dawson and expressed her support of the launching rights for the persons in the County who are on the lake front. She stated that she would like provide a letter of her support. Councilman Alongi commented on the following: 1. Thanked H.O.P.E. , the staff at the Community Center, Chamber of Commerce, D.B.A. , Hilda Barnhart, Bud Attridge, the Kids of S.O.K. and E.V.M.W.D. for their donation, participation and support during the holiday season. 2 . Expressed his thanks to the entire community for their support and the opportunity to serve as Councilman. Mayor Washburn commented on the following: I� 1. Explained that the deadline for the position on Planning Commission will be extended to January 15, 1993 . 2 . Encouraged local business to be involved in the Business Watch � program. 3 . Addressed graffiti problems in the County and the possibility of the area contracting with the City to help solve the problems. THE CITY COUNCIL MEETING WAS RECESSED TO THE REDEVELOPMENT AGENCY MEETING AT 8:28 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:40 P.M. PAGE EIGHT - CITY COUNCIL MINUTES - DECEMBER 22, 1993.. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 9:40 P.M. TO DISCUSS LAND ACQUISITION SPECIFICALLY LAKE SIDE. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:55 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:55 P.M. GARY WAS k MAYOR ATTEST: CITY F LAKE ELSINORE &N ADRIA L. BRYNING, DEPU CITY CITY OF LAKE ELSINORE �i i • I . r